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No. 94-08-19 - City of Frisco

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<strong>City</strong> <strong>of</strong> <strong>Frisco</strong><br />

Subdivision Regulation<br />

Ordinance<br />

Ordinance <strong>No</strong>. <strong>94</strong>-<strong>08</strong>-<strong>19</strong><br />

August <strong>19</strong><strong>94</strong><br />

P<br />

Updated <strong>No</strong>vember 2000


SUBDIVISION REGULATIONS<br />

OF THE<br />

CITY OF FRISCO, TEXAS<br />

TABLE OF CONTENTS<br />

SECTION PAGE<br />

ORDINANCE CAPTION<br />

ORDINANCE PREAMBLE<br />

1 - GENERAL 1-1<br />

2 - DEFINITIONS 2-1<br />

3 - PURPOSE, AUTHORITY AND JURISDICTION 3-1<br />

4 - PROCEDURE<br />

4.01 PRE-APPLICATION 4-1<br />

4.02 APPROVAL PROCEDURE FOR PRELIMINARY PLAT 4-1<br />

4.03 CONDITIONS OF PRELIMINARY PLAT APPROVAL 4-2<br />

4.04 APPROVAL PROCEDURE FOR FINAL PLAT 4-2<br />

4.05 CONDITIONS OF FINAL PLAT APPROVAL 4-4<br />

4.06 COMBINATION PRELIMINARY AND FINAL PLAT 4-5<br />

4.07 APPROVAL PROCEDURE FOR REPLATS 4-5<br />

4.<strong>08</strong> AMENDING PLATS 4-7<br />

4.09 PLAT VACATION 4-8<br />

4.10 CONVEYANCE PLATS 4-9<br />

5 - PLAT FORM AND CONTENT<br />

5.01 PRELIMINARY PLAT 5-1<br />

5.02 FINAL PLAT 5-2<br />

6 - GENERAL PROVISIONS<br />

6.01 PARKS, SCHOOL SITES, PUBLIC AREAS 6-1<br />

6.02 PLATS STRADDLING MUNICIPAL BOUNDARIES 6-1<br />

6.03 CHARACTER OF THE LAND 6-1<br />

6.04 ADEQUATE PUBLIC FACILITIES POLICY 6-1<br />

6.05 PROVISION OF AMENITIES 6-2<br />

6.06 EASEMENTS FOR UTILITIES 6-4<br />

6.07 DEDICATION FOR PUBLIC USE 6-4<br />

6.<strong>08</strong> DIVERSITY OF OWNERSHIP 6-4<br />

6.09 PARTIAL DEVELOPMENT OF LARGE SUBDIVISION 6-4<br />

6.10 COMPREHENSIVE GROUP DEVELOPMENT 6-5<br />

6.11 UNPLATTED PROPERTY 6-5<br />

7 - GENERAL REQUIREMENTS AND DESIGN STANDARDS<br />

7.01 RELATION TO LAND USE 7-1<br />

7.02 STREETS 7-1


SUBDIVISION REGULATIONS<br />

OF THE<br />

CITY OF FRISCO, TEXAS<br />

TABLE OF CONTENTS (continued)<br />

SECTION PAGE<br />

7.03 LOTS 7-4<br />

7.04 BLOCKS AND PEDESTRIAN WALKS 7-6<br />

7.05 BUILDING LINES 7-7<br />

7.06 ALLEYS 7-7<br />

7.07 EASEMENTS 7-8<br />

7.<strong>08</strong> MAJOR CREEKS 7-8<br />

7.09 REQUIRED IMPROVEMENTS 7711<br />

7.10 PARTICIPATION OF THE CITY IN IMPROVEMENTS 7-30<br />

7.11 RESERVATIONS 7-31<br />

7.12 VARIANCES 7-32<br />

7.13 INSPECTION OF CONSTRUCTION 7-32<br />

7.14 PENALTY 7-33<br />

7.15 APPEAL 7-33<br />

8 - FILING FEES AND CHARGES 8-1<br />

9 - MAINTENANCE BOND 9-1<br />

10 - CONFLICT WITH OTHER ORDINANCES 9-1<br />

11 - SAVING CLAUSE 9-1<br />

12 - EFFECTIVE DATE 9-1<br />

13 - REPEAL 9-2<br />

ii


SUBDIVISION ORDINANCE<br />

CITY OF FRISCO, TEXAS<br />

ORDINANCE NO. <strong>94</strong>-<strong>08</strong>-<strong>19</strong><br />

AN ORDINANCE DEFINING THE GENERAL RULES AND REGULATIONS GOVERNING PLATS AND<br />

SUBDIVISIONS OF LAND FALLING WITHIN THE JURISDICTION OF THE cl I Y OF FRISCO FOR THE<br />

PURPOSE OF PROVIDING FOR THE ORDERLY, SAFE, AND HEALTHFUL DEVELOPMENT OF THE<br />

AREA WITHIN THE CITY AND WITHIN THE AREA SURROUNDING THE CM AND TO PROMOTE<br />

THE HEALTH, SAFETY, MORALS AND GENERAL WELFARE OF THE COMMUNITY; DEFINING<br />

TERMS; SE i ING FORTH PURPOSE, AUTHORITY AND JURISDICTION, REQUIRING APPROVAL;<br />

ESTABLISHING PROCEDURE FOR APPROVAL OF PRELIMINARY AND FINAL PLATS; PROVIDING<br />

GENERAL PROVISIONS; ESTABLISHING GENERAL REQUIREMENTS AND DESIGN STANDARDS FOR<br />

STREETS, LOTS, BLOCKS, BUILDING LINES, ALLEYS, EASEMENTS, FLOOD AREAS' REQUIRING<br />

IMPROVEMENTS; PROVIDING FOR CITY PARTICIPATION IN IMPROVEMENTS; PROVIDING FOR<br />

RESERVATIONS, VARIANCES, INSPECTION OF CONSTRUCTION AND A PENALTY; ESTABLISHING<br />

FILING FEES AND CHARGES; REQUIRING MAINTENANCE BOND; PROVIDING FOR THE<br />

WITHHOLDING OF IMPROVEMENTS UNTIL SUBDIVISION IS APPROVED, FOR CONFLICT WITH<br />

OTHER ORDINANCES, A SAVING CLAUSE, AND AN EFFECTIVE DATE; AND PROVIDING FOR<br />

REPEAL OF ORDINANCE NO. 84-02-<strong>08</strong>.


SUBDIVISION REGULATIONS<br />

OF THE<br />

CITY OF FRISCO, TEXAS<br />

Whereas, under the provisions <strong>of</strong> the Constitution and laws <strong>of</strong> the State <strong>of</strong> Texas, including<br />

particularly Chapters 42, 43, 212, and 242 <strong>of</strong> Local Government Code, as heret<strong>of</strong>ore or hereafter<br />

amended, hereafter every owner <strong>of</strong> any tract <strong>of</strong> land situated within the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong>; who may<br />

hereafter divide the same in two (2) or more tracts described by metes and bounds or otherwise<br />

for the purpose <strong>of</strong> laying out any subdivision <strong>of</strong> such tract <strong>of</strong> land or any addition to said <strong>City</strong>; or for<br />

laying out suburban lots or building lots, or any lots, and purchasers or owners <strong>of</strong> lots fronting<br />

thereon or adjacent thereto, are required to submit a plat <strong>of</strong> such subdivision or addition for<br />

approval by the Planning and Zoning Commission and the <strong>City</strong> Council <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong>; and<br />

Whereas, the rules and regulations <strong>of</strong> the <strong>City</strong> established by ordinance, governing plats and<br />

subdivisions <strong>of</strong> the land, be and the same are hereby extended to and shall apply to all <strong>of</strong> the area<br />

under the Extraterritorial Jurisdiction <strong>of</strong> said <strong>City</strong>, as provided for in Chapter 42 <strong>of</strong> Local<br />

Government Code.<br />

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRISCO, TEXAS,<br />

On and after the passage <strong>of</strong> this Ordinance, any person, firm or corporation seeking approval <strong>of</strong><br />

any plat, plan or replat <strong>of</strong> any subdivision <strong>of</strong> land within the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong>, Texas and its legally<br />

established Extraterritorial Jurisdiction shall be required to comply with the requirements <strong>of</strong> this<br />

Ordinance before such approval may be granted, to-wit:<br />

II


SECTION 1<br />

GENERAL<br />

These regulations shall govern every person, firm, association or corporation owning any tract <strong>of</strong><br />

land within the <strong>City</strong> limits <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong> who may hereafter divide the same into two or more<br />

parts for the purpose <strong>of</strong> laying out any subdivision <strong>of</strong> any tract <strong>of</strong> land or any addition to said <strong>City</strong>,<br />

or for laying out suburban lots or building lots, or any lots, streets, alleys, parks or other portions<br />

intended for public use, or the use <strong>of</strong> purchasers or owners <strong>of</strong> lots fronting thereon or adjacent<br />

thereto.<br />

1-1


SECTION 2<br />

DEFINITIONS<br />

2.01 <strong>City</strong> or The <strong>City</strong> shall mean <strong>City</strong> <strong>of</strong> <strong>Frisco</strong>, Texas.<br />

2.02 Subdivision shall mean the division <strong>of</strong> a tract or parcel <strong>of</strong> land into two or more parts or lots<br />

for the purpose, whether immediate or future, <strong>of</strong> sale or building development or transfer<br />

<strong>of</strong> ownership with the exception <strong>of</strong> transfer to heirs <strong>of</strong> an estate, and shall include resubdivision.<br />

2.03 Re-subdivision shall mean the division <strong>of</strong> an existing subdivision, or the relocation <strong>of</strong> any<br />

street lines.<br />

2.04 Subdivider shall refer to any person or any agent there<strong>of</strong>, dividing or proposing to divide<br />

land so as to constitute a subdivision. Furthermore, the term "subdivider" shall be<br />

restricted to include only the owner, equitable owner or authorized agent to such owner or<br />

equitable owner, <strong>of</strong> land sought to be subdivided.<br />

2.05 Lot shall mean land occupied or to be occupied for either residential, commercial, retail,<br />

<strong>of</strong>fice, industrial, educational uses, etc., by a building and its accessory buildings and<br />

including such open spaces as are required by ordinances <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong> and having<br />

its principal frontage upon a public street or <strong>of</strong>ficially approved place.<br />

2.06 Preliminary Plat shall be any plat <strong>of</strong> any lot, tract or parcel <strong>of</strong> land that is not to be<br />

recorded <strong>of</strong> record, but is only a proposed division <strong>of</strong> land for review and study by the<br />

<strong>City</strong> and used by the Subdivider in development <strong>of</strong> final plat and construction plans for<br />

the property.<br />

2.07 Key lot shall mean a corner lot that is designed such that the lots located directly behind it<br />

faces the side street <strong>of</strong> the corner lot and are not separated by an alley.<br />

2.<strong>08</strong> Street shall mean a way for vehicular traffic and other public uses, whether designated a<br />

street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place<br />

or however otherwise designated.<br />

2.09 Arterial streets and highways shall mean streets used primarily for fast or heavy traffic as<br />

designated in the Major Thoroughfare Plan (when available and as may be identified by the<br />

<strong>City</strong>.)<br />

2.10 Collector streets shall mean those streets which carry traffic from minor streets to major<br />

system <strong>of</strong> arterial streets and highways, including the principal entrance streets <strong>of</strong> a<br />

residential development or business park and those streets for circulation within such a<br />

development as designated on the Major Thoroughfare Plan.<br />

2.11 Minor streets shall mean those streets which are used primarily for access to abutting<br />

properties.<br />

2.12 Marginal access streets shall mean those minor streets which are parallel to and adjacent to<br />

arterial streets and highways and which provide access to abutting properties and<br />

protection from through traffic.<br />

2.13 Cul-de-sac shall mean a short minor street having only one vehicular access to another<br />

street and terminated by a vehicular turn-around.<br />

2.14. Dead end street shall mean a street, other than a cul-de-sac, with only one outlet.<br />

2.15 Alleys shall mean a minor way used primarily for vehicular and/or utility service to the rear<br />

or side <strong>of</strong> properties otherwise abutting on a street.<br />

2-1


2.16 Easement shall mean a right granted for the purpose <strong>of</strong> limited public or semi-public use<br />

across, over or under priVate land.<br />

2.17 The word "Shall" shall be deemed as mandatory. The word "May" shall be deemed as<br />

permissive.<br />

2.18 Plat shall mean a map or chart <strong>of</strong> the subdivision. It shall include plan, plat or replat,<br />

preliminary or final, in both singular and plural.<br />

2.<strong>19</strong> Commission shall mean the <strong>City</strong> Planning and Zoning Commission <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong><br />

2.20 <strong>City</strong> Council shall mean the <strong>City</strong> Council <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong>.<br />

2.21 <strong>City</strong> Manager shall mean that person(s) so designated by the <strong>City</strong> Council.<br />

2.22 Extraterritorial Jurisdiction shall mean that area <strong>of</strong> land lying outside and adjacent to the<br />

Corporate Limits <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong> over which the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong> has legal control as set<br />

forth in Chapter 42 <strong>of</strong> Local Government Code (within one mile <strong>of</strong> the Corporate Limits, in<br />

the case <strong>of</strong> a municipality with 5,000 to 24,999 inhabitants).<br />

2.23 Final Plat or Plat is a complete and exact subdivision plan submitted to the <strong>City</strong> for<br />

consideration for final approval and which, if approved (approved plat or file plat), will be<br />

submitted to the County Clerk <strong>of</strong> Collin or Denton County for recording.<br />

2.24 Replatting shall be the resubdivision <strong>of</strong> any or part or all <strong>of</strong> any block or blocks <strong>of</strong> a<br />

previously platted subdivision, addition, lot or tract.<br />

2.25 Base Flood Plain — The flood having a one percent (1%) chance <strong>of</strong> being equaled or<br />

exceeded in any given year, based upon a fully developed watershed and the <strong>City</strong>'s criteria<br />

to accommodate a 100-year storm in a Major Creek. (Z99-14; Ordinance <strong>No</strong>. 99-09-25)<br />

2.26 Major Creek — The Major Creeks are commonly known as Cottonwood Creek, Panther Creek,<br />

Parvan Branch, Rowlett Creek and Stewart Creek. Each Major Creek begins at its headwater<br />

(as determined by the Federal Emergency Management Agency and/or the U.S. Army Corps<br />

<strong>of</strong> Engineers) as is generally depicted on Flood Insurance Rate Maps (FIRM) as provided by<br />

the Federal Emergency Management Agency more particularly described in ''Exhibit A",<br />

attached hereto and incorporated herein for all purposes. (Z99-14; Ordinance <strong>No</strong>. 99-09-<br />

25)<br />

2.27 Wetland Study - A study in which the main purposes are to determine jurisdictional<br />

wetlands and to ensure compliance with Section 404 <strong>of</strong> the Clean Water Act and other<br />

applicable regulations <strong>of</strong> the U.S. Army Corps <strong>of</strong> Engineers. (Z99-14; Ordinance <strong>No</strong>. 99-<br />

09-25)<br />

2.28 Habitat Study - A study in which the main purpose is the identification and protection <strong>of</strong><br />

declared, critical habitat for threatened or endangered species and habitat used for<br />

nesting by birds listed in the Migratory Bird Treaty Act (MBTA). (Z99-14; Ordinance <strong>No</strong>.<br />

99-09-25)<br />

2.29 Vegetative Study - A study in which the main purpoSe is identification and consideration<br />

<strong>of</strong> unique vegetative communities that are important for conserving biotic diversity and<br />

are rare due to conversion to other land uses. (<strong>19</strong>9-14; Ordinance <strong>No</strong>. 99-09-25)<br />

2.30 Public Way - An <strong>of</strong>ficially approved, privately maintained street, constructed to city street<br />

standards, open to unrestricted and irrevocable public access, serving two or more lots<br />

that provides the primary means <strong>of</strong> access. (12000-06; Ordinance <strong>No</strong>. 00-04-02)<br />

2-2


3.01 AUTHORITY<br />

SECTION 3<br />

PURPOSE, AUTHORITY AND JURISDICTION<br />

This ordinance is adopted under the authority <strong>of</strong> the Constitution and Laws <strong>of</strong> the State <strong>of</strong> Texas, including<br />

particularly Chapters 212 and 43 <strong>of</strong> Local Government Code.<br />

3.02 PURPOSE<br />

The purpose <strong>of</strong> this ordinance is to provide for the orderly, safe, and healthful development <strong>of</strong> the area<br />

within the <strong>City</strong> and within the area surrounding the <strong>City</strong> and to promote the health, safety, morals, and<br />

general welfare <strong>of</strong> the community by securing adequate provision for traffic, light, air, recreation,<br />

transportation, water, drainage, sewage and other facilities.<br />

3.03 JURISDICTION<br />

Any owner <strong>of</strong> land located inside the Corporate Limits <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong> or within its Extraterritorial<br />

Jurisdiction wishing to subdivide such land shall submit to the Planning and Zoning Commission a plan <strong>of</strong><br />

the subdivision which shall conform to the minimum requirements set forth in these regulations. A diVision<br />

<strong>of</strong> land which includes the subdivision <strong>of</strong> tracts into parts greater than five (5) acres, where each part has<br />

access and no public improvement is being dedicated, shall be exempt from these requirements.<br />

Any owner subdividing land outside the Corporate Limits <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong>, but within its Extraterritorial<br />

Jurisdiction shall submit a plan <strong>of</strong> subdivision to the Planning and Zoning Commission and to Collin or<br />

Denton County which shall conform to all applicable state statutes, including but not limited to Chapters 42,<br />

43, 212, and 242 <strong>of</strong> the Texas Local Government Code and the minimum requirements set forth in these<br />

regulations, and which is subject to the approval <strong>of</strong> both.<br />

3.04 APPROVAL REQUIRED<br />

<strong>No</strong> subdivision plat shall be filed or recorded, and no lot in a subdivision inside the Corporate Limits <strong>of</strong> the<br />

<strong>City</strong> <strong>of</strong> <strong>Frisco</strong> or within its Extraterritorial Jurisdiction shall be improved or sold until the plat shall have been<br />

approved by the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong>.<br />

3-1


4.01 PRE-APPLICATION<br />

1. Subdivider <strong>of</strong> property shall:<br />

SECTION 4<br />

PROCEDURE<br />

a. Consult early and informally with the Planning Department.<br />

b. Avail himself/herself to the advice and assistance <strong>of</strong> the <strong>City</strong> Staff.<br />

c. For property located outside the Corporate Limits <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong> but within its<br />

Extraterritorial Jurisdiction, consult with the County Judge or his designated<br />

appointee in relation to those requirements established by the County for property<br />

located outside the Corporate Limits <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong>.<br />

d. <strong>No</strong> subdivision preliminary or final plat shall be considered for approval within the<br />

<strong>City</strong>, until the zoning <strong>of</strong> the property for which the plat is submitted is approved by<br />

the <strong>City</strong>. The plat area shall conform with established standards for lots, etc.<br />

2. <strong>City</strong> Staff shall:<br />

a. Informally confer with Subdivider.<br />

b. Advise and assist the Subdivider in procedure for approval <strong>of</strong> plats and on<br />

regulations and policies <strong>of</strong> the <strong>City</strong> regarding development either within the<br />

Corporate Limits <strong>of</strong> the <strong>City</strong> or its Extraterritorial Jurisdiction.<br />

4.02 APPROVAL PROCEDURE FOR PRELIMINARY PLAT<br />

1. Subdivider shall submit to the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong> no later than three (3) weeks prior to the<br />

meeting <strong>of</strong> the Commission at which the Subdivider wishes their application to be<br />

considered:<br />

a. Filing Fee(s)<br />

b. Six (6) full size copies <strong>of</strong> the plat labeled "Preliminary Plat".<br />

c. Twenty-four (24) copies (11" x 17") <strong>of</strong> the plat labeled "Preliminary Plat".<br />

d. Thirty (30) copies <strong>of</strong> a completed application form including a signed checklist.<br />

e. Supplementary materials as applicable in other sections <strong>of</strong> these regulations.<br />

2. <strong>City</strong> Staff shall:<br />

a. Make a study <strong>of</strong> plats and materials submitted.<br />

b. Request written reports from departments and utilities if deemed necessary.<br />

c. Make available plats and reports to Planning and Zoning Commission for review.<br />

d. Consult with <strong>City</strong> Staff and Engineer, Subdivider's Engineer, Telephone Company,<br />

Gas company, Electric Company, Cable T.V., School District, as necessary<br />

e. Schedule application for consideration upon agenda <strong>of</strong> the Planning and Zoning<br />

Commission.<br />

3. Planning and Zoning Commission shall:<br />

4-1


a. Act within thirty (30) days after the filing <strong>of</strong> preliminary plat unless the applicant<br />

agrees to waive their right to approval within thirty (30) days <strong>of</strong> the filing date.<br />

b. Submit one <strong>of</strong> the following recommendations to the <strong>City</strong> Council:<br />

1) Approve.<br />

2) Approve with conditions.<br />

3) Disapprove.<br />

c. Make notes on two (2) copies <strong>of</strong> preliminary plat as to action taken.<br />

4. <strong>City</strong> Council shall:<br />

a. Act within thirty (30) days after the Planning and Zoning Commission has submitted<br />

its recommendation unless the applicant agrees to waive their right to approval<br />

within thirty (30) days, conclude one (1) <strong>of</strong> the following:<br />

1. Preliminary plat approved.<br />

2. Preliminary plat approved with conditions.<br />

3. Preliminary plat not approved. The developer may prepare a new submittal and<br />

resubmit another application accompanied by new application fees.<br />

4.03 CONDITIONS OF PRELIMINARY PLAT APPROVAL<br />

Conditional approval shall be considered to be the approval <strong>of</strong> a plat once such conditions<br />

are complied with. All objections made to the preliminary plat, or conditions imposed, shall<br />

be furnished to the subdivider in writing. If no decision is rendered by the Commission<br />

within the thirty (30) day period described above or such longer period as may have been<br />

agreed upon, the preliminary plat, as submitted, shall be deemed to be recommended for<br />

approval to the <strong>City</strong> Council.<br />

Approval <strong>of</strong> the preliminary plat shall be deemed an expression <strong>of</strong> approval <strong>of</strong> the layout<br />

only and shall not constitute acceptance <strong>of</strong> the final plat.<br />

Approval <strong>of</strong> a preliminary approval is valid for twelve (12) months from the date <strong>of</strong> <strong>City</strong><br />

Council approval. A final plat application must be formally filed with the Planning<br />

Department before the 12 month period expires in order for the preliminary plat to remain<br />

valid. If a final plat is denied and the 12 month period subsequently expires, a new<br />

preliminary plat must be approved before another final plat will be considered. The<br />

Subdivider may apply in writing to the <strong>City</strong> Council for an extension prior to the end <strong>of</strong> such<br />

twelve (12) month period. This period may be extended twelve (12) months, but not<br />

beyond a total <strong>of</strong> one (1) additional year.<br />

4.04 APPROVAL PROCEDURE FOR FINAL PLAT<br />

1. Subdivider shall submit to the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong> no later than three (3) weeks prior to the<br />

meeting <strong>of</strong> the Commission at which the Subdivider wishes their application to be<br />

considered::<br />

a. Filing Fee(s)<br />

b. Submit final plat which conforms to preliminary plat as approved.<br />

c. Incorporate all changes, directions, and additions imposed by the <strong>City</strong>.<br />

d. Provide six (6) full size folded (24"x36") copies <strong>of</strong> the plat labeled "Final Plat".<br />

4-2


e. Provide twenty-four (24) folded copies (11" x 17") <strong>of</strong> the plat labeled "Final Plat".<br />

f. Provide thirty (30) copies <strong>of</strong> a completed application form including one (1) signed<br />

checklist.<br />

g. Provide a tax status form.<br />

h. Provide supplementary materials as applicable in other sections <strong>of</strong> these<br />

regulations.<br />

i. Submit to the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong> no later than three (3) weeks prior to the Commission<br />

meeting at which it is to be considered: five (5) sets <strong>of</strong> detailed construction plans<br />

prepared by a Registered Pr<strong>of</strong>essional Engineer showing details <strong>of</strong> streets, alleys,<br />

culverts, bridges, storm sewers, water mains, sanitary sewers and other<br />

engineering details.<br />

2. <strong>City</strong> Staff shall:<br />

a. Make a study <strong>of</strong> the plats, engineering plans, and reports, and submit plans to the<br />

<strong>City</strong> Engineer for written recommendation.<br />

b. Request written reports from departments and utilities if deemed necessary.<br />

c. Make available plats and reports to Planning and Zoning Commission and the<br />

applicant for review.<br />

d. Consult with <strong>City</strong> Staff and Engineer, Subdivider's Engineer, Telephone Company,<br />

Gas Company, Electric Company, Cable T.V., School District, as necessary.<br />

e. Schedule application for consideration upon agenda <strong>of</strong> the Planning and Zoning<br />

Commission.<br />

3. Planning and Zoning Commission shall:<br />

a. Act within thirty (30) days after the filing <strong>of</strong> the final plat unless the applicant<br />

agrees to waive their right to approval within thirty (30) days <strong>of</strong> the fining date.<br />

b. Submit one (1) <strong>of</strong> the following recommendations to the <strong>City</strong> Council:<br />

1) Approve.<br />

2) Approve with conditions.<br />

3) Disapprove.<br />

c. Make notes on two (2) copies <strong>of</strong> the final plat as to action taken.<br />

4. <strong>City</strong> Council shall, within thirty (30) days after the Planning and Zoning Commission has<br />

submitted its recommendation unless the applicant agrees to waive their right to<br />

approval within thirty (30) days, conclude one (1) <strong>of</strong> the following:<br />

a. Final plat approved.<br />

b. Final plat approved with conditions.<br />

c. Final plat not approved. The developer may prepare a new submittal and resubmit<br />

including new application fees.<br />

5. If the Final plat is approved and all conditional requirements, have been met, within<br />

thirty (30) days after <strong>City</strong> Council approval, the developer or his/her authorized agent<br />

must supply to the <strong>City</strong> Secretary <strong>of</strong> <strong>Frisco</strong> for filing the required number and size <strong>of</strong><br />

final plats for filing as well as the correct filing fees. These numbers, sizes, and fees<br />

shall be equal to the filing requirements as defined by Collin and/or Denton County. All<br />

assessed water/wastewater, park, and thoroughfare impact fees are due at this time.<br />

The <strong>City</strong> Secretary shall:<br />

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1) For plats located within the Corporate Limits <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong>, review<br />

the file plat for proper signature and approval, and record at the<br />

appropriate County Clerk's Office once all subdivision improvements are<br />

completed and accepted by the <strong>City</strong> Council.<br />

2) For plats located outside the Corporate Limits <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong> but<br />

within its Extraterritorial Jurisdiction, review the file plat for proper<br />

signature and approval, and forward copies to the County Judge for action<br />

and approval by the Commissioner's Court prior to recording at County<br />

Clerk Office.<br />

6. Subdivider shall after final approval:<br />

a. Direct his engineer to design, stake and supervise the construction (to be<br />

inspected by the <strong>City</strong>) <strong>of</strong> facilities in accordance with approved plans and<br />

specifications and these regulations.<br />

b. Direct his contractor(s) to construct all improvements as identified in the approved<br />

engineering plans and to provide to the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong> prior to final acceptance <strong>of</strong><br />

the improvements:<br />

1) a one (1) year maintenance bond in the amount <strong>of</strong> ten percent (10%) <strong>of</strong> the<br />

contract price.<br />

2) three (3) 24"x36" blue line sets and one (1) 24"x36" sepia set <strong>of</strong> "AS-BUILT"<br />

plans, checked and corrected by the Subdivider's Engineer.<br />

3) Eight (8) 24"x36" blue lines and one (1) 24"x36" sepia <strong>of</strong> the final plat.<br />

c. Direct his surveyor(s) to furnish a write-protected copy <strong>of</strong> a computer 5-1/4"<br />

diskette (IBM compatible) AutoCAD drawing <strong>of</strong> the plat to the <strong>City</strong> as a part <strong>of</strong> the<br />

permanent records. The format <strong>of</strong> the data to be submitted shall be in layers <strong>of</strong>:<br />

streets; alleys; water lines; sewer lines; easements; lot lines; addresses; storm<br />

sewer; drainage; street text; other text, etc. If the surveyor preparing the plat<br />

does not have this capability, then notice shall be given to the <strong>City</strong> during the preapplication<br />

and pay the fee as outlined in the adopted fee schedule. This fee is<br />

due prior to the final acceptance <strong>of</strong> the subdivision improvements.<br />

7. After completion <strong>of</strong> all improvements, franchise utilities, grading, and erosion control<br />

measures, the <strong>City</strong> Engineer, Director <strong>of</strong> <strong>City</strong> Services, Chief Building Inspector, and<br />

other designated representatives will perform a final inspection before causing the<br />

project to be considered for acceptance by the <strong>City</strong> Council for approval by the <strong>City</strong> <strong>of</strong><br />

<strong>Frisco</strong> thus accepting the title, use, and maintenance <strong>of</strong> the improvements.<br />

4.05 CONDITIONS OF FINAL PLAT APPROVAL<br />

<strong>No</strong> final plat shall be filed unless and until all requirements <strong>of</strong> the subdivision regulations<br />

have been complied with and until such stipulations as may be set by the <strong>City</strong> Council have<br />

been met. At the discretion <strong>of</strong> the <strong>City</strong> Council, recommendation <strong>of</strong> approval for a final plat<br />

may be deferred to the Planning and Zoning Commission where the tract <strong>of</strong> land is to be<br />

subdivided to affect no more than one (1) lot.<br />

Final approval will expire one (1) year after approval by the <strong>City</strong> Council unless the plat has<br />

been filed for record with either Collin and/or Denton County. The Subdivider may apply to<br />

the <strong>City</strong> Council in writing prior to the end <strong>of</strong> such one (1) year period for an extension.<br />

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This period may, at the discretion <strong>of</strong> the <strong>City</strong> Council, be extended for another year, but<br />

not beyond a total <strong>of</strong> two (2) years.<br />

4.06 COMBINATION PRELIMINARY AND FINAL PLAT<br />

The Subdivider may, at his option, elect to combine the preliminary plat and final plat,<br />

whenever the tract <strong>of</strong> land (i) is to be re-subdivided to affect no more than three (3) lots,<br />

(ii) no change <strong>of</strong> street locations would be required, and (iii) the proposed development will<br />

be <strong>of</strong> the same type <strong>of</strong> use and <strong>of</strong> comparable intensity as adjacent existing or planned<br />

development.<br />

4.07 APPROVAL PROCEDURE FOR REPLATS<br />

Replotting<br />

Any person who wishes to revise a subdivision plat which has been previously filed for<br />

record must make an application <strong>of</strong> the proposed revised plat to the Planning and Zoning<br />

Commission and the <strong>City</strong> Council. The replat <strong>of</strong> the subdivision shall meet all the<br />

requirements for a subdivision that may be pertinent. However, if the subdivision as<br />

replotted does not require any appreciable alteration or improvement <strong>of</strong> utility installations,<br />

streets, alleys, building setback lines, etc., then no engineering plans will be required.<br />

A replat <strong>of</strong> a subdivision or a part <strong>of</strong> a subdivision may be filed without vacating the prior<br />

plat if the replat:<br />

1) is signed and acknowledged by only the owners <strong>of</strong> the property being replatted;<br />

2) is approved, after a public hearing on the matter by the <strong>City</strong> Council; and<br />

3) does not attempt to amend or remove any covenants or restrictions.<br />

1. Special Provisions<br />

a. If the property to be replotted was limited during the preceding five years, by<br />

either interim or permanent zoning classification or deed restriction, to<br />

residential use for not more than two residential units per lot, special<br />

procedures must be followed prior to approval <strong>of</strong> a replat. <strong>No</strong>tice <strong>of</strong> the<br />

required public hearing on the replat must be published in a newspaper <strong>of</strong><br />

general circulation and written notice <strong>of</strong> the hearing, with a copy <strong>of</strong> Section<br />

212.015(c) <strong>of</strong> the Texas Local Government Code attached, must be sent to<br />

owners <strong>of</strong> lots which are located in the original subdivision and the owners <strong>of</strong><br />

lots within 200 feet <strong>of</strong> the lot(s) to be replotted.<br />

b. If the proposed replat requires a variance to the provisions <strong>of</strong> this ordinance and<br />

is protested, the proposed replat must receive in order to be approved, the<br />

affirmative vote <strong>of</strong> at least three-fourths <strong>of</strong> the members present <strong>of</strong> the<br />

Planning and Zoning Commission and the <strong>City</strong> Council. For a legal protest,<br />

written opposition duly signed by the owners <strong>of</strong> at least 20 percent <strong>of</strong> the area<br />

<strong>of</strong> the lots or land immediately adjoining the area covered by the proposed<br />

replat and extending 200 feet therefrom, but within the original subdivision,<br />

must be filed with the Planning and Zoning Commission and the <strong>City</strong> Council<br />

prior to the close <strong>of</strong> the public hearing. The area <strong>of</strong> streets and alleys shall be<br />

included in the area computations.<br />

4-5


2. Procedure for Replats<br />

1. Subdivider shall submit to the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong> no later than three (3) weeks prior<br />

to the meeting <strong>of</strong> the Commission at which the Subdivider wishes their<br />

application to be considered:<br />

a. Filing Fee(s)<br />

b. Provide six (6) folded full size (24"x36") copies <strong>of</strong> the plat labeled "Reptat:.<br />

c. Provide twenty-four (24) folded copies (11" x 17") <strong>of</strong> the plat labeled<br />

"Replat".<br />

d. Provide thirty (30) copies <strong>of</strong> a completed application form including one (1)<br />

signed checklist.<br />

e. If the property to be replatted has been limited during the preceding five<br />

years , by either zoning classification or deed restriction, to residential units<br />

for not more than two residential units per lot, peel <strong>of</strong>f labels containing<br />

names and addresses <strong>of</strong> owners <strong>of</strong> all property in:<br />

a. the original subdivision, and<br />

b. within 200' <strong>of</strong> lot(s) being replatted<br />

f. Provide a tax status form.<br />

g. Provide supplementary materials as applicable in other sections <strong>of</strong> these<br />

regulations.<br />

h. Submit to the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong> no later than three (3) weeks prior to the<br />

Commission meeting at which it is to be considered: five (5) sets <strong>of</strong><br />

detailed construction plans prepared by a Registered Pr<strong>of</strong>essional Engineer<br />

showing details <strong>of</strong> streets, alleys, culverts, bridges, storm sewers, water<br />

mains, sanitary sewers and other engineering details.<br />

2. <strong>City</strong> Staff shall:<br />

a. Make a study <strong>of</strong> the plats, engineering plans, and reports, and submit<br />

plans to the <strong>City</strong> Engineer for written recommendation.<br />

b. Request written reports from departments and utilities if deemed<br />

necessary.<br />

c. Make available replats and reports to Planning and Zoning Commission and<br />

the applicant for review.<br />

d. Consult with <strong>City</strong> Staff and Engineer, Subdivider's Engineer, Telephone<br />

Company, Gas Company, Electric Company, Cable T.V., School District, as<br />

necessary.<br />

e. Schedule application for consideration upon agenda <strong>of</strong> the Planning and<br />

Zoning Commission.<br />

3. Planning and Zoning Commission shall:<br />

a. Hold a Public Hearing.<br />

b. Act within thirty (30) days after the fili ng <strong>of</strong> the replat unless the applicant<br />

agrees to waive their right to approval within thirty (30) days <strong>of</strong> the fining<br />

date.<br />

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c. Submit one (1) <strong>of</strong> the following recommendations to the <strong>City</strong> Council:<br />

(1) Approve.<br />

(2) Approve with conditions.<br />

(3) Disapprove.<br />

d. Make notes on two (2) copies <strong>of</strong> the replat as to action taken.<br />

4. <strong>City</strong> Council shall, within thirty (30) days after the Planning and Zoning<br />

Commission has submitted its recommendation, unless the applicant agrees to<br />

waive their right to approval within thirty (30) days, hold a public hearing and<br />

conclude one (1) <strong>of</strong> the following:<br />

a. Replat approved.<br />

b. Replat approved with conditions.<br />

c. Replat not approved. The developer may prepare a new submittal and<br />

resubmit including new application fees.<br />

5. If the Replat is approved and all conditional requirements have been met, the<br />

developer <strong>of</strong> his/her authorized agent must supply to the <strong>City</strong> Secretary <strong>of</strong><br />

<strong>Frisco</strong> the required number and size <strong>of</strong> replats for filing as well as the correct -<br />

filing fees. These numbers, sizes, and fees shall be equal to the filing<br />

requirements as defined by Collin and/or Denton County. For <strong>City</strong> records, the<br />

developer must provide eight (8) 24" x 36" bluelines and one (1) 24" x 36"<br />

mylar <strong>of</strong> the replat with all signatures. The <strong>City</strong> Secretary shall, within thirty<br />

(30) days after <strong>City</strong> Council approval:<br />

a. 1) For replats located within the Corporate Limits <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong>,<br />

review the replat for proper signature and approval, and record at<br />

County Clerk Office.<br />

2) For replats located outside the Corporate Limits <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong><br />

but within its Extraterritorial Jurisdiction, review the replat for proper<br />

signature and approval, and forward copies to the County Judge for<br />

action and approval by the Commissioner's Court prior to recording at<br />

County Clerk Office.<br />

b. Retain eight (8) copies <strong>of</strong> the replat stamped as recorded in the County<br />

Records for the <strong>City</strong> files.<br />

c. Distribute copies as directed.<br />

4.<strong>08</strong> AMENDING PLATS (Z99-16; Ordinance <strong>No</strong>. 99-06-11)<br />

1. The <strong>City</strong> Council, upon petition <strong>of</strong> the property owner or developer, shall approve and<br />

issue an amending plat which is signed by the applicants only unless otherwise<br />

required to the contrary and which is for one or more <strong>of</strong> the purposes set forth in<br />

this section, and such approval and issuance shall not require notice, hearing, or<br />

approval <strong>of</strong> other lot owners. This subsection shall apply only if the sole purpose <strong>of</strong><br />

the amending plat is:<br />

a. To correct an error in any course or distance shown on the prior plat;<br />

b. To add any course or distance that was omitted on the prior plat;<br />

c. To correct an error in the description <strong>of</strong> the real property shown on the prior<br />

4-7


plat;<br />

d. To indicate monuments set after death, disability, or retirement from practice <strong>of</strong><br />

the surveyor charged with responsibilities for setting monuments;<br />

e. To show the proper location or character <strong>of</strong> any monument which has been<br />

changed in location or character or which originally was shown at the wrong<br />

location or incorrectly as to its character on the prior plat;<br />

f. To correct any other type <strong>of</strong> scrivener or clerical error or omission as previously<br />

approved by the <strong>City</strong>; such errors and omissions may include, but are not limited<br />

to, lot numbers, acreage, street names, and identification <strong>of</strong> adjacent recorded<br />

plats;<br />

g. To correct an error in courses and distances <strong>of</strong> lot lines between two (2)<br />

adjacent lots where both lot owners join in the application for plat amendment<br />

and neither lot is abolished, provided that such amendment does not:<br />

1. attempt to remove recorded covenants or restrictions;<br />

2. have a material adverse effect on the property rights <strong>of</strong> the other owners in<br />

the plat;<br />

h. To relocate a lot line in order to cure an inadvertent encroachment <strong>of</strong> a building<br />

or improvement on a lot line or on an easement;<br />

i. To relocate one (1) or more lot lines between one (1) or more adjacent lots<br />

where the owner or owners <strong>of</strong> all such lots join in the application for the plat<br />

amendment, provided that such amendment does not:<br />

J.<br />

1. attempt to remove recorded covenants or restrictions; or<br />

2. increase the number <strong>of</strong> lots.<br />

To make necessary changes to the prior plat to create six or fewer lots in the<br />

subdivision or addition or a part <strong>of</strong> the subdivision or addition covered by the<br />

prior plat if:<br />

1. The changes do not affect applicable zoning and other regulations <strong>of</strong> the<br />

city;<br />

2. The changes do not attempt to amend or remove any covenants or<br />

restrictions; and<br />

3. The area covered by the changes is located in an area that the <strong>City</strong> Council<br />

has approved, after a public hearing, as a residential improvement area.<br />

2. Amending plats shall be processed using procedures for final plats set forth in<br />

Subdivision Ordinance Section 4.04.<br />

4.09 PLAT VACATION (Z99-16; Ordinance <strong>No</strong>. 99-06-11)<br />

1. By Property Owner - The property owner <strong>of</strong> the tract covered by a plat may vacate,<br />

upon the approval by the <strong>City</strong> Council, the plat at any time before any lot in the plat<br />

is sold. The plat is vacated when a signed, acknowledged instrument declaring the<br />

plat vacated is approved and recorded in the manner prescribed for the original plat.<br />

2. By All Lot Owners - If lots in the plat have been sold, the plat may be vacated on the<br />

application <strong>of</strong> all the owners <strong>of</strong> lots in the plat with approval obtained in the manner<br />

prescribed for the original plat.<br />

3. Criteria - The <strong>City</strong> Council shall approve the petition for vacation on such terms and<br />

4-8


conditions as are reasonable to protect public health, safety and welfare. As a<br />

condition <strong>of</strong> vacation <strong>of</strong> the plat, the <strong>City</strong> Council may direct the petitioners to<br />

prepare a revised final plat in accordance with these regulations.<br />

4. Effect <strong>of</strong> Action - On the execution and recording <strong>of</strong> the vacating instrument, the<br />

vacated plat shall have no effect. Regardless <strong>of</strong> the <strong>City</strong> Council's action on the<br />

petition, the property owner(s) or developer will have no right to a refund <strong>of</strong> any<br />

monies, fees or charges paid to the <strong>City</strong> nor to the return <strong>of</strong> any property 'or<br />

consideration dedicated or delivered to the <strong>City</strong> except as may have previously been<br />

agreed to by the <strong>City</strong> Council.<br />

5. aid -<br />

a. General Conditions - The <strong>City</strong> Council, on its motion, may vacate the plat <strong>of</strong> an<br />

approved subdivision or addition when:<br />

1. <strong>No</strong> lots within the approved plat have been sold within five (5) years from<br />

the date that the plat was approved by the <strong>City</strong> Council;<br />

2. The property owner has breached an improvement agreement, and the <strong>City</strong><br />

is unable to obtain funds with which to complete construction <strong>of</strong> public.<br />

improvements, except that the vacation shall apply only to lots owned by the<br />

property owner or its successor;<br />

3. The plat has been <strong>of</strong> record for more than five (5) years, and the <strong>City</strong><br />

Council determines that the further sale <strong>of</strong> lots within the subdivision or<br />

addition presents a threat to public health, safety and welfare, except that<br />

the vacation shall apply only to lots owned by the property owner or its<br />

successors.<br />

b. Procedure - Upon any motion <strong>of</strong> the <strong>City</strong> Council to vacate the plat <strong>of</strong> any<br />

previously approved subdivision or addition, in whole or in part, the <strong>City</strong> Council<br />

shall publish notice in a newspaper <strong>of</strong> general circulation in the county and<br />

provide personal notice to all property owners within the subdivision or addition.<br />

The notice shall state the time and place for a public hearing on the motion to<br />

vacate the subdivision or addition plat. The <strong>City</strong> Council shall approve the<br />

vacation only if the criteria in Section 4.09(4) are satisfied.<br />

c. Record <strong>of</strong> Plat Vacation - If the <strong>City</strong> Council adopts a resolution vacating a plat in<br />

whole, it shall record a copy <strong>of</strong> the resolution in the County Clerk's Office. lithe<br />

<strong>City</strong> Council adopts a resolution vacating a plat in part, it shall cause a revised<br />

final plat to be recorded which shows that portion <strong>of</strong> the original plat that has<br />

been vacated and that portion that has not been vacated.<br />

4.10 CONVEYANCE PLATS (Z99-16; Ordinance <strong>No</strong>. 99-06-11)<br />

1. Purpose - A conveyance plat may be used solely for the purpose <strong>of</strong> subdividing land<br />

and the recording <strong>of</strong> same, or recording a single existing lot or parcel created by<br />

other means. A conveyance plat may be used to convey the property or interests<br />

therein; however, a conveyance plat does not constitute approval for development <strong>of</strong><br />

the property and is not intended for immediate development. A conveyance plat is<br />

an interim step in the subdivision and development <strong>of</strong> land.<br />

2. Applicability - Conveyance plats may be used in lieu <strong>of</strong> a final plat to record the<br />

4-9


subdivision <strong>of</strong> property in the following instances:<br />

a. To record the remainder <strong>of</strong> a tract larger than five (5) acres created by the final<br />

platting <strong>of</strong> a portion <strong>of</strong> the property provided that the remainder is not intended<br />

for immediate development.<br />

b. To record the subdivision <strong>of</strong> property into parcels, five (5) acres or smaller in<br />

size, that are not intended for immediate development, provided all public<br />

improvements exist prior to approval and minimum frontage requirements are<br />

met. All public rights-<strong>of</strong>-way must be dedicated and all abutting streets and<br />

utilities must be installed and accepted by the <strong>City</strong>. Installation <strong>of</strong> on-site<br />

improvements may be delayed if development <strong>of</strong> other tracts is not affected.<br />

3. Application Procedure and Requirements -<br />

a. Application Requirements - The property owner shall submit an application,<br />

together with other supporting documents and fees, to the Planning Department<br />

by an <strong>of</strong>ficial submittal date. A conveyance plat and associated documents shall<br />

include all information listed below:<br />

1. The boundary lines with accurate distances and bearings and the exact -<br />

location and width <strong>of</strong> all existing or recorded streets intersecting the<br />

boundary <strong>of</strong> the tract.<br />

2. True bearings and distances to the nearest established street lines or <strong>of</strong>ficial<br />

monuments, which shall be accurately described on the plat; municipal,<br />

township, county, or section lines accurately tied to the lines <strong>of</strong> the<br />

subdivision or addition by distances and bearings.<br />

3. The location <strong>of</strong> the subdivision or addition with reference to the abstract and<br />

survey records <strong>of</strong> the County.<br />

4. The exact layout including:<br />

a. Street names (if known or proposed).<br />

b. The length <strong>of</strong> all arcs, radii, internal angles, points <strong>of</strong> curvature, length,<br />

and bearings <strong>of</strong> the tangents.<br />

c. Easements and rights-<strong>of</strong>-way specifying their provision by dedication or<br />

reservation.<br />

d. All lot numbers and lines with accurate dimensions in feet and<br />

hundredths <strong>of</strong> feet and with bearings and angles to street and alley lines.<br />

5. The accurate location, material, and approximate size <strong>of</strong> all monuments and<br />

corners, as stated in the Subdivision Ordinance.<br />

6. The accurate outline <strong>of</strong> all property which is <strong>of</strong>fered for dedication for public<br />

use with the purpose indicated thereon.<br />

7. Proposed name <strong>of</strong> the subdivision or addition.<br />

8. Name and address <strong>of</strong> the property owner.<br />

9. <strong>No</strong>rth point, scale, and date.<br />

10. Certification by a Registered Public Surveyor to the effect that the plat<br />

represents a survey made by him and that all the monuments shown<br />

thereon actually exist, and their location, size, and material description are<br />

correctly shown.<br />

11. Additional certificates to properly dedicate easements or rights-<strong>of</strong>-way as<br />

may be necessary.<br />

12. Boundary survey closure and area calculations.<br />

13. Construction plans shall not be required except where street, utility and<br />

4-10


drainage improvements are proposed by the owner. Construction plans,<br />

easements, and dedications as appropriate shall be submitted concurrently<br />

with the conveyance plat or any subsequent replat. The construction plans,<br />

if any, shall be prepared by or under the supervision <strong>of</strong> a pr<strong>of</strong>essional<br />

engineer registered by the State <strong>of</strong> Texas and shall bear his seal on each<br />

sheet.<br />

14. A certificate <strong>of</strong> ownership and dedication <strong>of</strong> all street and alley rights-<strong>of</strong>-way<br />

to public use forever, signed and acknowledged before a <strong>No</strong>tary Public by<br />

the owner and lien holder <strong>of</strong> the land along with complete and accurate<br />

description <strong>of</strong> the land subdivided and the streets dedicated, where<br />

applicable, except as provided in Section 4.10(3)(b)(2).<br />

15. All conveyance plats must be titled "Conveyance Plat" and carry the<br />

following wording:<br />

"A conveyance plat is a record <strong>of</strong> property approved by the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong>,<br />

Texas, for the purpose <strong>of</strong> sale or conveyance in its entirety or interests<br />

thereon defined. <strong>No</strong> building permit shall be issued nor permanent public<br />

, utility service provided until a final plat is approved, filed <strong>of</strong> record and<br />

public improvements accepted in accordance with the provisions <strong>of</strong> the<br />

Subdivision Ordinance <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong>. Selling a portion <strong>of</strong> this<br />

property by metes and bounds, except as shown on an approved, filed and<br />

accepted conveyance plat, final plat or replat is a violation <strong>of</strong> the city<br />

Ordinance and State Law."<br />

b. Standard for Approval -<br />

1. Access - All tracts, parcels, lots or sites created by a conveyance plat shall<br />

have frontage and access to an existing or proposed public street, defined on<br />

the Major Thoroughfare Plan, or an existing standard street meeting <strong>City</strong><br />

construction standards and accessing the existing <strong>City</strong> street system.<br />

2. Reservation <strong>of</strong> Rights-<strong>of</strong>-Way - Conveyance plats must provide for the<br />

reservation <strong>of</strong> future rights-<strong>of</strong>-way <strong>of</strong> planned roadways. Right-<strong>of</strong>-way<br />

reservation acknowledges the future obligation to dedicate right-<strong>of</strong>-way for<br />

public thoroughfares and streets specified on the <strong>City</strong>'s Major Thoroughfare<br />

Plan or approved preliminary plat. Reservation <strong>of</strong> right-<strong>of</strong>-way does not<br />

grant any right or interest in the property to the <strong>City</strong> or other entity. The<br />

final alignment may be adjusted upon final platting in order to meet<br />

engineering design standards.<br />

3. Dedication <strong>of</strong> Rights-<strong>of</strong>-Way - Dedication <strong>of</strong> right-<strong>of</strong>-way shall be required<br />

where a conveyance plat is used to record the remainder <strong>of</strong> a tract created<br />

by the final platting <strong>of</strong> a portion <strong>of</strong> the property. The required right-<strong>of</strong>-way<br />

dedication shall be limited to that which is necessary to provide access to the<br />

property proposed for final plat approval and to complete turn lanes,<br />

intersections and transitions in road pavement width, resulting from<br />

development <strong>of</strong> the property proposed for final plat approval.<br />

c. Approval Procedures - Amending plats shall be processed using procedures for<br />

final plats set forth in Section 4.04.<br />

d. Signing and Filing -<br />

1. After the approval <strong>of</strong> the conveyance plat by the <strong>City</strong> Council, and the<br />

correction <strong>of</strong> the conveyance plat as required by the <strong>City</strong> Council, the<br />

4-11


property owner or his engineer shall submit filing fees and the required<br />

number <strong>of</strong> copies for filing to the Planning Department for filing with the<br />

County. Having submitted all copies and fees, the owner may request a<br />

delay <strong>of</strong> filing for up to six (6) months from the date <strong>of</strong> approval. Any<br />

conveyance plat which has not been filed with the County within six (6)<br />

months <strong>of</strong> the date <strong>of</strong> approval shall be void. Prior to filing with the County,<br />

the property owner may withdraw and void a conveyance plat. Any<br />

conveyance plat withdrawn and/or voided must be resubmitted under<br />

current regulations and procedures and reapproved by the <strong>City</strong> Council and<br />

filed with the County. One (1) copy <strong>of</strong> the recorded conveyance plat will be<br />

forwarded to the property owner by the <strong>City</strong> Engineer.<br />

2. <strong>No</strong> final plat processed and approved in association with a conveyance plat<br />

shall be filed without the concurrent filing <strong>of</strong> the associated approved<br />

conveyance plat.<br />

e. Effect -<br />

1. Conveyance plat approval and acceptance by the <strong>City</strong> does not relieve the<br />

owner from obligations, including fees, required by other sections <strong>of</strong> this or<br />

other ordinances <strong>of</strong> the <strong>City</strong> pertaining to the improvement <strong>of</strong> the property<br />

or extension <strong>of</strong> services as required to make the property suitable for<br />

development.<br />

2. Neither reservation nor dedication <strong>of</strong> right-<strong>of</strong>-way shall relieve the property<br />

owner from obligations for street construction or assessments associated<br />

with public street improvement programs. Easements for access, utilities<br />

and drainage may be recorded on conveyance plats.<br />

3. Final Platting Requirements<br />

a. <strong>No</strong> building permits shall be issued nor permanent utility service<br />

provided for land which has only received approval as a conveyance<br />

plat. <strong>No</strong>twithstanding the above, the Building Official may authorize<br />

temporary building permits, temporary occupancy permits, and<br />

temporary utility service.<br />

b. A conveyance plat may be superseded by a preliminary plat or final plat<br />

in total or in part through compliance with the procedures and<br />

requirements <strong>of</strong> this ordinance.<br />

4-12


5.01 PRELIMINARY PLAT<br />

SECTION 5<br />

PLAT FORM AND CONTENT<br />

The preliminary plat shall be drawn to a scale not smaller than two hundred (200) feet to<br />

the inch, and contain the following information:<br />

1. Existing Features Inside Subdivision<br />

a. The existing boundary lines (accurate in scale) <strong>of</strong> the land to be subdivided.<br />

Boundary lines shall be drawn in heavy lines for easy identification.<br />

b. The location <strong>of</strong> existing water courses, railroads, and other similar drainage and<br />

transportation features.<br />

c. The location and width <strong>of</strong> existing streets and alley right-<strong>of</strong>-way, easements,<br />

buildings and structures, sewers, water mains, culverts or other underground<br />

structures within or adjacent to the tract.<br />

d. Topographical information with contour lines at two-foot (2') intervals, unless<br />

otherwise permitted by <strong>City</strong> Staff due to conditions <strong>of</strong> terrain involved. All<br />

elevations shall be referred to a Geodetic Survey or a <strong>City</strong> Survey.<br />

2. Existing Features Outside Subdivision<br />

a. The name and property lines <strong>of</strong> adjoining property owners.<br />

b. The name and location <strong>of</strong> adjacent subdivisions, streets, easements, pipe lines,<br />

water courses, etc.<br />

c. All lines outside <strong>of</strong> subdivision boundaries to be dashed lines.<br />

3. New Features Inside <strong>of</strong> Subdivision<br />

a. The proposed name <strong>of</strong> the subdivision.<br />

b. The location, right-<strong>of</strong>-way width, and names <strong>of</strong> proposed streets.<br />

c. The approximate width and depth <strong>of</strong> all lots. If the side lines are not parallel, the<br />

approximate distance between them at the building line and at the narrowest point<br />

should be given.<br />

d. The location <strong>of</strong> building lines, alleys and easements.<br />

e. The location and approximate size <strong>of</strong> sites for schools, churches, parks, including<br />

commercial retail, industrial, <strong>of</strong>fice, multi-family, educational, medical, and other<br />

special land uses.<br />

f. The approximate acreage <strong>of</strong> the property to be subdivided, and the number <strong>of</strong> lots.<br />

g.<br />

A proposed conceptual plan <strong>of</strong> all utilities (including size) to be constructed in the<br />

subdivision.<br />

5-1


2. Key Mao<br />

A key map showing relation <strong>of</strong> subdivision to major thoroughfares in all directions to a<br />

distance <strong>of</strong> at feast one (1) mile.<br />

5. Title, etc.<br />

5.02 FINAL PLAT<br />

The date, scale, north point and title under which the future final plat is to be<br />

recorded, with the name, address, and phone number <strong>of</strong> the owner and surveyor or<br />

engineer platting the tract.<br />

1. Existing Features Inside Subdivision<br />

a. The existing boundary lines with accurate distances and bearings <strong>of</strong> the land to be<br />

subdivided. Boundary lines shall be drawn in heavy lines for easy identification.<br />

b. An accurate metes and bounds description <strong>of</strong> the area included in the subdivision,<br />

including reference to section or abstract corners, established subdivisions, primary<br />

control points, and total acreage being platted, all shall be placed upon the final<br />

plat. Where more than one (1) ownership is involved in the area being subdivided,<br />

the limits <strong>of</strong> each owner's land shall be clearly designated on the final plat.<br />

c. The location <strong>of</strong> existing water courses and other similar drainage features, flood<br />

prone land, railroads, highways, and other transportation features.<br />

d. True bearings and distances to the nearest established street lines, <strong>of</strong>ficial<br />

monuments, or subdivision corner, which shall be accurately described on the plat.<br />

e. The location and width <strong>of</strong> existing streets, alleys, easements, right-<strong>of</strong>-ways,<br />

buildings and structures to be retained.<br />

f. An accurate location <strong>of</strong> the subdivision with reference to the deed records <strong>of</strong> the<br />

County which shall include the volume and page <strong>of</strong> the deed <strong>of</strong> the property to be<br />

subdivided.<br />

2. Existing Features Outside Subdivision<br />

a. The name and property lines <strong>of</strong> adjoining subdivisions and <strong>of</strong> the adjoining<br />

property owners, together with the respective plat or deed references.<br />

b. The name and location <strong>of</strong> adjacent streets, alleys, easements, water courses, etc.<br />

All lines outside <strong>of</strong> subdivision boundaries to be dashed lines.<br />

3. Streets, Alleys, Easements<br />

The lines and names <strong>of</strong> all proposed streets or other ways or easements to be<br />

dedicated to public use, with the following engineering and surveying data:<br />

a. For Streets and Alleys<br />

5-2


Complete curve data (Delta, Length, Radius, Tangent, Point <strong>of</strong> Curve, Point <strong>of</strong><br />

Reverse Curve, Point <strong>of</strong> Tangent) shown on the center line or on each side <strong>of</strong><br />

street or in a chart on the plat which lists all such data for each curve. Length and<br />

bearings <strong>of</strong> all tangents. Dimensions from all angle points and points <strong>of</strong> curve to<br />

an adjacent side lot line.<br />

b. For Water Courses and Easements<br />

Distances to be provided along the side lot lines from the front lot line or the high<br />

bank <strong>of</strong> a stream. Traverse line to be provided along the edge <strong>of</strong> all large water<br />

courses in a convenient location, preferably along a utility easement, if paralleling<br />

the drainage easement or stream.<br />

4. Lots and Blocks<br />

The lines and numbers <strong>of</strong> all proposed lots and blocks with complete bearings and<br />

dimensions for front, rear and side lot lines and area <strong>of</strong> each lot shall be shown. (Use<br />

block numbers only when previous units <strong>of</strong> same subdivision have numbered blocks,<br />

otherwise use continuous consecutive lot numbers throughout subdivision). The .<br />

location <strong>of</strong> minimum building set back lines from all streets on lots and other sites,<br />

shall conform to the provisions <strong>of</strong> the Zoning Ordinance for the specific use assigned to<br />

the project area.<br />

5. Reservations<br />

The use and property dimensions <strong>of</strong> all special reservations identified for the project,<br />

including sites for schools, churches, and parks. The Master Plan for public sites,<br />

school sites and park sites, shall be followed or may be amended to conform to the<br />

conditions established by the <strong>City</strong> Council.<br />

6. Monuments and Control Points<br />

a. The description and location <strong>of</strong> all permanent survey monuments and control<br />

points.<br />

b. Suitable primary control points to which all dimension, bearings and similar data<br />

shall be referred. Dimensions shall be shown in feet and decimals <strong>of</strong> a foot.<br />

7. Key Mao<br />

A key map showing relation <strong>of</strong> subdivision to major thoroughfares in all directions to a<br />

distance <strong>of</strong> at least one (1) mile.<br />

8. Title, etc.<br />

The date, scale, north point and subdivision title; name and address <strong>of</strong> subdivider;<br />

name, address and seal <strong>of</strong> surveyor.<br />

9. Dedications and Certificates (Zoning Case Z99-06; Ordinance <strong>No</strong>. 99-04-04)<br />

Such dedications and certificates as are applicable.<br />

5-3


a. Accompanying the final plat shall be a dedication deed or certificate <strong>of</strong> dedication<br />

executed by all persons, firms, or corporations owning an interest in the property<br />

subdivided and platted, and acknowledged in the manner prescribed by the laws<br />

<strong>of</strong> the State <strong>of</strong> Texas for conveyance <strong>of</strong> real property. Two (2) true copies must<br />

be furnished with the original. The spouse <strong>of</strong> each married person executing<br />

such dedication deed or certificate <strong>of</strong> dedication shall join their spouse therein<br />

unless satisfactory pro<strong>of</strong> be provided showing that the property to be subdivided<br />

does not constitute any portion <strong>of</strong> such party's homestead and positively<br />

designates and identifies such party's actual homestead. In the case <strong>of</strong> lien<br />

holders, there shall be executed a subordination agreement whereby all lien<br />

holders subordinate their liens to all public streets, alleys, parks, school sites and<br />

any drainage or utility easements, right-<strong>of</strong>-ways, or other public areas shown on<br />

the final plat <strong>of</strong> such subdivision as being set aside for public uses and purposes.<br />

The dedication deed or certificate <strong>of</strong> dedication shall, in addition to the above<br />

requirements, contain the following:<br />

1) An accurate metes and bounds description <strong>of</strong> the tract <strong>of</strong> land subdivided (the<br />

description placed on the final plat should be used for this purpose). Also, a<br />

description <strong>of</strong> the limits <strong>of</strong> each owner's land and the lots, plots, and building<br />

sites <strong>of</strong> the subdivision included within the boundary <strong>of</strong> each owner's land.<br />

2) A statement and express representation that the parties joining in such<br />

dedication deed or certificate <strong>of</strong> dedication are the sole owners <strong>of</strong> such tract <strong>of</strong><br />

land.<br />

3) An express dedication to the public for public use forever over the streets,<br />

alleys, easements, rights-<strong>of</strong>-way, parks, school sites and other public places<br />

shown on the attached plat.<br />

4) A positive reference and identification <strong>of</strong> the Final Plat <strong>of</strong> such subdivision by the<br />

name <strong>of</strong> such Subdivision, date <strong>of</strong> the Plat, and the surveyor who prepared the<br />

Plat.<br />

b. An owner's certificate with notary blocks shall be placed on all final plats as<br />

follows:<br />

STATE OF TEXAS §<br />

COUNTY OF § (Collin or Denton County as appropriate)<br />

WHEREAS, (owner names) are the owners <strong>of</strong> a tract <strong>of</strong> land situated in the (name)<br />

Survey, Abstract <strong>No</strong>. (#), (Collin or Denton) County, Texas and being out <strong>of</strong> a (#)<br />

acre tract conveyed to them by (name), and being more particularly described as<br />

follows:<br />

(property description to be provided here)<br />

NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:<br />

THAT (Owner Name) acting herein by and through its duly authorized <strong>of</strong>ficers,<br />

does hereby certify and adopt this plat designating the hereinabove described<br />

property as (Subdivision Name, Block, Lot #), an addition to the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong>,<br />

and does hereby dedicate to the public use forever, the streets and alleys shown<br />

thereon. The (Owner Name) does herein certify the following:<br />

5-4


1. The streets and alleys are dedicated for street and alley purposes.<br />

2. All public improvements and dedications shall be free and clear <strong>of</strong> all debt,<br />

liens, and/or encumbrances.<br />

3. The easements and public use areas, as shown, are dedicated for the public<br />

use forever for the purposes indicated on this plat.<br />

4. <strong>No</strong> buildings, fences, trees, shrubs or other improvements or growths shall be<br />

constructed or placed upon, over or across the easements as shown, except<br />

that landscape improvements may be placed in landscape easements if<br />

approved by the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong>.<br />

5. The <strong>City</strong> <strong>of</strong> <strong>Frisco</strong> is not responsible for replacing any improvements in,<br />

under, or over any easements caused by maintenance or repair.<br />

6. Utility easements may also be used for the mutual use and accommodation <strong>of</strong><br />

all public utilities desiring to use or using the same unless the easement limits<br />

the use to particular utilities, said use by public utilities being subordinate to<br />

the public's and <strong>City</strong> <strong>of</strong> <strong>Frisco</strong>'s use there<strong>of</strong>.<br />

7. The <strong>City</strong> <strong>of</strong> <strong>Frisco</strong> and public utilities shall have the right to remove and keep<br />

removed all or parts <strong>of</strong> any buildings, fences, trees, shrubs or other -<br />

improvements or growths which may in any way endanger or interfere with<br />

the construction, maintenance, or efficiency <strong>of</strong> their respective systems in the<br />

easements.<br />

8. The <strong>City</strong> <strong>of</strong> <strong>Frisco</strong> and public utilities shall at all times have the full right <strong>of</strong><br />

ingress and egress to or from their respective easements for the purpose <strong>of</strong><br />

constructing, reconstructing, inspecting, patrolling, maintaining, reading<br />

meters, and adding to or removing all or parts <strong>of</strong> their respective systems<br />

without the necessity at any time procuring permission from anyone.<br />

9. All modifications to this document shall be by means <strong>of</strong> plat and approved by<br />

the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong>.<br />

This plat approved subject to all platting ordinances, rules, regulations and<br />

resolutions <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong>, Texas.<br />

WITNESS, my hand, this the day <strong>of</strong><br />

BY:<br />

Authorized Signature<br />

Printed Name and Title<br />

c. Should a subdivision contain private streets, the following owner's certificate<br />

with notary blocks shall be placed on the final plat.<br />

STATE OF TEXAS §<br />

COUNTY OF § (Collin or Denton County as appropriate)<br />

WHEREAS, (owner names) are the owners <strong>of</strong> a tract <strong>of</strong> land situated in the (name)<br />

Survey, Abstract <strong>No</strong>. (#), (Collin or Denton) County, Texas and being out <strong>of</strong> a (#)<br />

acre tract conveyed to them by (name), and being more particularly described as<br />

follows:<br />

5-5


(property description to be provided here)<br />

NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:<br />

THAT (Owner Name) acting herein by and through its duly authorized <strong>of</strong>ficers,<br />

does hereby certify and adopt this plat designating the herein above described<br />

property as (Subdivision Name), an addition to the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong>. The streets and<br />

alleys shown on this plat as access easements are for the use and benefit <strong>of</strong> the<br />

owners <strong>of</strong> the property in this subdivision, their leasees, invitees and licensees.<br />

By acceptance <strong>of</strong> a deed conveying title to any lot in this subdivision, the owner<br />

there<strong>of</strong> shall be deemed to have agreed and acknowledged and does certify the<br />

following:<br />

1. The streets and alleys are private streets and alleys and are dedicated to the<br />

<strong>City</strong> <strong>of</strong> <strong>Frisco</strong> as Access, Utility, and Drainage Easements. The <strong>City</strong> has no<br />

responsibility or liability to make any repairs to such streets and alleys as long<br />

as they are private streets and alleys, except repairs made necessary by reason<br />

<strong>of</strong> installation, repair or replacement <strong>of</strong> municipal utilities located therein or in<br />

the utility easements adjacent thereto.<br />

2. So long as such streets and alleys are private, the sole responsibility for<br />

maintenance and replacement there<strong>of</strong> shall be borne by the owners <strong>of</strong> the lots<br />

in this subdivision and/or any homeowners' association hereafter established for<br />

the owners <strong>of</strong> lots in this subdivision (the "Association"). Such maintenance<br />

and replacement shall be in conformance with the requirements, standards, and<br />

specifications <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong>, as presently in effect or as same may be<br />

hereafter amended. This provision may be enforced by specific performance or<br />

by any other remedy allowed by law.<br />

3. Neither the property owners within this subdivision nor the Association nor any<br />

other association or other organization or entity representing them shall have<br />

the right to request dedication (whether by voluntary or involuntary act or<br />

omission) <strong>of</strong> such private streets and alleys to the <strong>City</strong> unless and until the <strong>City</strong><br />

has inspected such streets and alleys and determined that, at the time in<br />

question, they meet the <strong>City</strong>'s standards. If the <strong>City</strong> desires to accept a<br />

dedication <strong>of</strong> said streets and alleys, the Association, its successors or assigns,<br />

or the owners <strong>of</strong> the lots in the subdivision will make, at the owners' or the<br />

Association's expense, all repairs required by the <strong>City</strong> to comply with then <strong>City</strong><br />

standards. The <strong>City</strong> shall have sole discretion to accept or reject a proposed<br />

dedication <strong>of</strong> the private streets and alleys to the <strong>City</strong>. Before dedication, all<br />

public improvements and dedications shall be free and clear <strong>of</strong> all debt, liens,<br />

and/or encumbrances.<br />

4. The easements and public use areas, as shown, are dedicated for the benefit <strong>of</strong><br />

the owners <strong>of</strong> the property in this subdivision, their leasees, invitees and<br />

licensees use forever, for the purposes indicated on this plat.<br />

S. The provisions here<strong>of</strong> shall be binding upon and enforceable against all property<br />

owners in this subdivision, their successors and assigns and the Association and<br />

its successors and assigns. The provisions here<strong>of</strong> may be enforced by the <strong>City</strong>,<br />

any property owner in the subdivision, and/or the Association.<br />

6. These covenants and restrictions shall run with the land and be binding on the<br />

owners <strong>of</strong> the property in this subdivision, their successors and assigns, the<br />

Association, its successors and assigns and all parties claiming by, through and<br />

under them. In the event a replat is requested on all or part <strong>of</strong> this property,<br />

5-6


the <strong>City</strong> may require any similar or additional restrictions and covenants in it's<br />

sole discretion. These covenants and restrictions shall terminate when all the<br />

access easements shown on this plat are included within a replat <strong>of</strong> all or part<br />

<strong>of</strong> this property and are dedicated to the <strong>City</strong> as public streets and alleys. In<br />

addition, all modifications to this document shall be by means <strong>of</strong> plat and<br />

approved by the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong>.<br />

7. If the owners <strong>of</strong> the property in this subdivision should open the private streets<br />

to the public, such use shall be considered a temporary license only. The<br />

owners <strong>of</strong> property in this subdivision through the Association reserve the right<br />

to close the street to the public at any time prior to formal dedication <strong>of</strong> the<br />

street to the public, and acceptance <strong>of</strong> the same by the <strong>City</strong>.<br />

8. The owners <strong>of</strong> property in this subdivision and the Association shall allow aecess<br />

to the subdivision and the streets in the subdivision to all <strong>City</strong> employees and<br />

contractors acting on behalf <strong>of</strong> the <strong>City</strong> and all governmental service vehicles,<br />

including, without limitation, law enforcement, fire, ambulance, sanitation,<br />

inspection and health vehicles. In addition, Utility Easements may also be used<br />

for the mutual use and accommodation <strong>of</strong> all public utilities desiring to use or<br />

using the same unless the easement limits the use to particular utilities, said<br />

use by public utilities being subordinate to the <strong>City</strong>'s use there<strong>of</strong>. The <strong>City</strong> <strong>of</strong> -<br />

<strong>Frisco</strong> and public utilities shall, at all times, have the full right <strong>of</strong> ingress and<br />

egress to or from their respective easements for the purpose <strong>of</strong> constructing,<br />

reconstructing, inspecting, patrolling, maintaining, reading meters, and adding<br />

to or removing all or parts <strong>of</strong> their respective systems without the necessity <strong>of</strong><br />

procuring permission from anyone.<br />

9. The owners <strong>of</strong> property within this subdivision hereby agree and recognize that<br />

the entire subdivision is benefited by the <strong>City</strong> allowing the owners to maintain<br />

and control access to the private streets shown hereon, and that the <strong>City</strong> is<br />

benefited by having the value <strong>of</strong> the property enhanced for ad valorem tax<br />

purposes and not being under any maintenance obligations with respect to the<br />

private streets and alleys. For purposes <strong>of</strong> enforcement <strong>of</strong> these covenants, the<br />

benefits shall constitute sufficient and valid consideration.<br />

10. The owner <strong>of</strong> each lot affected by a drainage easement across the rear portion<br />

<strong>of</strong> such lot may not construct any improvements within such lot except those<br />

improvements which (a) do not impeded the natural flow <strong>of</strong> water across the<br />

property affected by such drainage easement (such as swimming pools and<br />

open fences) and (b) are built in accordance With and pursuant to a building<br />

permit issued by the <strong>City</strong>. In no event shall (Owner Name), the <strong>City</strong>, the<br />

Association or any <strong>of</strong> their successors or assigns have any liability for any<br />

improvements built in any drainage or utility easement. Each lot owner shall<br />

build in such area at his or her own risk and shall indemnify (Owner Name), the<br />

<strong>City</strong>, the Association and their successors and assigns against any and all losses,<br />

damages and liability arising out <strong>of</strong> or associated with the construction <strong>of</strong><br />

improvements on such owner's lot in any drainage or utility easement.<br />

11. <strong>No</strong> buildings, fences, trees, shrubs or other improvements or growths shall be<br />

constructed or placed upon, over or across the easements as shown, except<br />

that landscape improvements may be placed in Landscape Easements, if<br />

approved by the <strong>City</strong>. Landscaping may be placed in/or near other easements<br />

with city approval. The <strong>City</strong> and public utility entities shall have the right to<br />

remove and keep removed all or parts <strong>of</strong> any buildings, fences, trees, shrubs or<br />

other improvements or growths which may in any way endanger or interfere<br />

with the construction, maintenance, or efficiency <strong>of</strong> their respective systems in<br />

5-7


•<br />

said easements. The <strong>City</strong> <strong>of</strong> <strong>Frisco</strong> is not responsible for replacing any<br />

improvements in, under, or over any easements caused by maintenance or<br />

repair.<br />

12. Invalidation <strong>of</strong> any word, phrase, sentence, paragraph, covenant or restriction<br />

by court judgement or otherwise, shall not affect the validity <strong>of</strong> the other<br />

covenants or restrictions contained herein.<br />

This plat approved subject to all platting ordinances, rules, regulations and<br />

resolutions <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong>, Texas.<br />

WITNESS, my hand, this the day <strong>of</strong><br />

BY:<br />

Authorized Signature<br />

Printed Name and Title<br />

d. Should access, fire lane, landscape, or visibility, access, and maintenance (VAM)<br />

easements be shown on the final plat, the corresponding dedication language shall<br />

be placed on the final plat.<br />

1. Access Easements<br />

The undersigned covenants and agrees that the access easement(s) may be<br />

utilized by any person or the general public for ingress and egress to other real<br />

property, and for the purpose <strong>of</strong> general public vehicular and pedestrian use and<br />

access, and for the Fire Department, Police and emergency use in along, upon and<br />

across said premises, with the right and privilege at all times <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong>,<br />

its agents, employees, workmen and representatives having ingress, egress, and<br />

regress in, along, upon and across said premises.<br />

2. Fire Lane Easements<br />

The undersigned covenants and agrees that he (they) shall construct upon the fire<br />

lane easements, as dedicated and shown hereon, a hard surface paved in<br />

accordance with <strong>City</strong> standards and that he (they) shall maintain the same in a<br />

state <strong>of</strong> good repair at all times and keep the same free and clear <strong>of</strong> any<br />

structures, fences, trees, shrubs, or other improvements or obstruction, including<br />

but not limited to the parking, loading, or unloading <strong>of</strong> motor vehicles, trailers,<br />

boats, or other impediments to the access <strong>of</strong> fire apparatus. The maintenance <strong>of</strong><br />

pavement in accordance to <strong>City</strong> standards <strong>of</strong> the fire lane easements is the<br />

responsibility <strong>of</strong> the owner, and the owner shall post and maintain signage in<br />

accordance to <strong>City</strong> standards in conspicuous places along the fire lanes, stating<br />

"Fire Lane, <strong>No</strong> Parking". The police or his duly authorized representative is hereby<br />

authorized to cause such firee lanes and utility easements to be maintained free and<br />

unobstructed at all times for fire department and emergency use.<br />

3. Landscape Easements<br />

5-8


The undersigned covenants and agrees that the landscape easement and<br />

restrictions herein set forth shall run with the land and be binding on the owner(s)<br />

<strong>of</strong> the property in this subdivision, their successors and assigns, and all parties<br />

claiming by, through and under them. In the event a replat is requested on all or<br />

part <strong>of</strong> this property, the <strong>City</strong> may require any similar or additional restrictions at<br />

its sole discretion. The sole responsibility for maintenance and replacement <strong>of</strong><br />

landscape materials there<strong>of</strong> shall be borne by any 'homeowners' association<br />

hereafter established for the owners <strong>of</strong> lots in this subdivision and/or the owners <strong>of</strong><br />

the individual lots within this subdivision. Such maintenance and replacement shall<br />

be in conformance with the requirements, standards, and specifications <strong>of</strong> the <strong>City</strong><br />

<strong>of</strong> <strong>Frisco</strong>, as presently in effect or as may be hereafter amended. This provision<br />

may be enforced by specific performance or by any other remedy allowed by law.<br />

This Landscape Easement shall be void <strong>of</strong> utilities and other elements unless<br />

otherwise approved on the plat.<br />

4. Visibility, Access, and Maintenance (VAM) Easements<br />

The area or areas shown on the plat as "VAM" (Visibility, Access, and Maintenance)<br />

Easement(s) are hereby given and granted to the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong> ('<strong>City</strong>), its<br />

successors and assigns, as an easement to provide visibility, right <strong>of</strong> access, and<br />

maintenance upon and across said VAM Easement. The <strong>City</strong> shall have the right,<br />

but not the obligation, to maintain all landscaping within the VAM Easement.<br />

Should the <strong>City</strong> exercise this maintenance right it shall be permitted to remove and<br />

dispose <strong>of</strong> any and all landscaping improvements, including without limitation, any<br />

trees, shrubs, flowers, ground cover, structure and/or fixtures. The <strong>City</strong> in its sole<br />

discretion may withdraw maintenance <strong>of</strong> the VAM Easement at any time. The<br />

ultimate maintenance responsibility for the VAM Easement shall rest with the<br />

property owner(s). <strong>No</strong> building, fence, shrub, tree or other improvements or<br />

growths, which in any way endanger or interfere with the visibility, shall be -<br />

constructed in, on, over or across the VAM Easement. The <strong>City</strong> shall also have the<br />

right, but not the obligation, to add any landscape improvements to the VAM<br />

Easement, to erect any traffic control devices or signs on the VAM Easement and<br />

to remove any obstruction thereon. The <strong>City</strong>, its successors, assigns, or agents<br />

shall have the right and privilege at all times to enter upon the VAM Easement or<br />

any part there<strong>of</strong> for the purposes and with all rights and privileges set forth herein.<br />

e. A surveyor's certificate with a notary block shall be placed on the final plat: as<br />

follows:<br />

Know All Men By These Presents:<br />

That I, (Surveyor Name), do hereby certify that I prepared this plat and the field<br />

notes made a part there<strong>of</strong> from an actual and accurate survey <strong>of</strong> the land and that<br />

the corner monuments shown thereon were properly placed under my personal<br />

supervision, in accordance with the Subdivision Regulations <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong>,<br />

Texas.<br />

Name, Title Bit Registration <strong>No</strong>.<br />

(Pr<strong>of</strong>essional Seal and Date)<br />

5-9


•<br />

f. A Certificate <strong>of</strong> Approval shall be placed on final plats as follows<br />

Approved this day <strong>of</strong> , <strong>19</strong> by the <strong>City</strong> Council <strong>of</strong> the <strong>City</strong><br />

<strong>of</strong> <strong>Frisco</strong>, Texas.<br />

Mayor<br />

<strong>City</strong> Secretary<br />

g. For final plats containing land outside <strong>of</strong> the Corporate Limits, a Certificate <strong>of</strong><br />

Approval by Collin or Denton County, shall be placed on the final plat.<br />

10. Special Restrictions<br />

Where restrictions <strong>of</strong> use <strong>of</strong> land, other than those given in these regulations are to be<br />

imposed by the subdivider, such restrictions shall be placed on the final plat or on a<br />

separate instrument filed with the plat.<br />

11. Tax Receipt<br />

Tax receipts and assessment releases showing that all taxes and all assessments have<br />

been paid are to be submitted concurrent with the final plat. Where replats are<br />

involved, all current taxes due shall be paid prior to approval <strong>of</strong> the replat by the <strong>City</strong>,<br />

12. Subdivision Improvements<br />

The developer shall install all survey monuments and markers, street paving, curbs and<br />

gutters, alley grading, storm drainage, water and sanitary sewer mains and laterals,<br />

fire hydrants, water valves, traffic signs, street lights, street signs and sidewalks, within<br />

and adjacent to the subdivision, or shall provide cash deposit or other guarantee<br />

acceptable to the <strong>City</strong> for the payment <strong>of</strong> the cost <strong>of</strong> such installations prior to the final<br />

approval by the <strong>City</strong> Council. Provisions for parks and open space shall be made as set<br />

forth in Section 7.10.11.<br />

5-10


SECTION 6<br />

GENERAL PROVISIONS<br />

6.01 PARKS SCHOOL SITES, PUBLIC AREAS (Z2000-48; Ordinance <strong>No</strong>. 00-09-37)<br />

Preliminary plats shall designate sites for schools, parks or other public areas as indicated<br />

in the Comprehensive <strong>City</strong> Plan or in accordance with <strong>City</strong> Policy. The responsible public<br />

authority shall acquire such property within one (1) year <strong>of</strong> the approval <strong>of</strong> the<br />

preliminary plat by the <strong>City</strong> Council. Should the responsible public authority not acquire<br />

such property within one (1) year <strong>of</strong> the approval <strong>of</strong> the preliminary plat by the <strong>City</strong><br />

Council, the subdivider may proceed with development <strong>of</strong> the subdivision as though such<br />

area were non-existent.<br />

6.02 PLATS STRADDLING MUNICIPAL BOUNDARIES<br />

Whenever access to a subdivision or addition is required across land in another .<br />

municipality, the <strong>City</strong> may request assurance from that municipality's Attorney that access<br />

is legally established, and from its Engineer that the access road is adequately improved, or<br />

that a bond has been duly executed and is in an amount sufficient to assure the<br />

construction <strong>of</strong> the access road. In general, lot lines should be laid out so as not to cross<br />

municipal, county or school district boundary lines.<br />

6.03 CHARACTER OF THE LAND<br />

Land will not be subdivided or platted if the <strong>City</strong> finds it to be unsuitable for subdivision or<br />

development due to flooding, improper drainage, steep slopes, rock formations, adverse<br />

earth formations or topography, utility easements, or other features which will reasonably<br />

be harmful to the safety, health, and general welfare <strong>of</strong> the present or future inhabitants <strong>of</strong><br />

the subdivision or addition and/or its surrounding areas, unless adequate methods are<br />

formulated by the owner and approved by the <strong>City</strong>, upon recommendation <strong>of</strong> the <strong>City</strong><br />

Engineer, to solve the problems created by the unsuitable land conditions.<br />

6.04 ADEQUATE PUBLIC FACILITIES POLICY<br />

A plat or replat will not be approved unless the land proposed for subdivision is adequately<br />

served by essential public facilities and services. These services include street access,<br />

water, waste water disposal, and <strong>of</strong>f-site drainage. This policy may be further defined and<br />

supplemented by other ordinances adopted by the <strong>City</strong>.<br />

(1) Street Access. A plat or replat will not be approved unless the proposed lot(s) have<br />

safe and reliable street access for daily use and emergency purposes.<br />

a. A plat or replat will not be approved unless the proposed lot(s) have direct access<br />

to an improved public street, private street, or an approved public way, and<br />

connected by improved public street to an improved public thoroughfare.<br />

b. Except for lots which are provided access from an approved cul-de-sac, all<br />

subdivisions must have two means <strong>of</strong> access or approach. Where development<br />

phasing or constraints <strong>of</strong> the land prevent the provision <strong>of</strong> a second, separate<br />

6-1


means <strong>of</strong> access, the <strong>City</strong> may accept a temporary street connection, or median<br />

divided street or entry to satisfy this requirement.<br />

(2) Water. A plat or replat will not be approved unless the proposed lot(s) is connected to<br />

a public water system which is capable <strong>of</strong> providing adequate water for health and<br />

emergency purposes.<br />

a. Except for lots along an approved cul-de-sac, all lots must be provided service<br />

connections from a looped water main providing water flow from two directions . or<br />

sources.<br />

b. Water service must be sufficient to meet the fire flow requirements <strong>of</strong> the proposed<br />

development, except where a suitable alternative means <strong>of</strong> fire protection is<br />

approved by the <strong>City</strong> Fire Chief.<br />

c. The <strong>City</strong> may require the phasing <strong>of</strong> development, and/or the construction <strong>of</strong><br />

improvements to maintain adequate fire protection.<br />

(3) Waste Water. A plat or replat will not be approved unless the proposed lot(s) are<br />

served by an approved means <strong>of</strong> wastewater collection and treatment.<br />

a. The projected wastewater discharge <strong>of</strong> a proposed development shall not exceed<br />

the proposed capacity <strong>of</strong> the waste water system.<br />

b. The <strong>City</strong> may require the phasing <strong>of</strong> development and/or improvements to the<br />

systems so as to maintain adequate waste water capacity.<br />

(4) Drainage. Increased stormwater run<strong>of</strong>f attributable to new development must not<br />

exceed the capacity <strong>of</strong> the downstream drainage systems or adversely affect adjoining<br />

property. Where the projected run<strong>of</strong>f would exceed capacity, the city may require the<br />

phasing <strong>of</strong> development, the use <strong>of</strong> control methods such as retention or detention,<br />

and/or the construction <strong>of</strong> <strong>of</strong>f-site drainage improvements as means <strong>of</strong> mitigation.<br />

6.05 PROVISION OF AMENITIES (Z99-15; Ordinance <strong>No</strong>. 00-06-18)<br />

1. For the purpose <strong>of</strong> this Section, an amenity shall be defined as an entry feature,<br />

private access gates and the associated structures, open space, recreational facilities,<br />

parks, pond, water fountain, water feature, or other commonly owned facilities.<br />

Where amenities are proposed as a part <strong>of</strong> or in conjunction with a subdivision or<br />

addition, the following items must be provided to the <strong>City</strong> and will require <strong>City</strong> review<br />

and approval prior to final acceptance <strong>of</strong> the subdivision improvements:<br />

a. Plans and illustrations <strong>of</strong> the proposed amenities. It is recommended that a<br />

conceptual plan or statement <strong>of</strong> concept <strong>of</strong> amenities be submitted for review<br />

and approval with the preliminary plat. Plans for amenities shall be incorporated<br />

into the landscape and screening plans and are recommended to be submitted<br />

with the final plat and shall be submitted and approved prior to the filing <strong>of</strong> the<br />

final plat at the county. Structural elements shall be sealed by a licensed<br />

pr<strong>of</strong>essional engineer and approved by the <strong>City</strong>. Site plan approval is required<br />

for private recreational facilities and parks;<br />

b. Association documents, deed restrictions, contracts and agreements pertaining to<br />

the amenities. A homeowners association or property owners association shall<br />

6-?


e required to maintain all amenities. Documents establishing the homeowners<br />

association or property owners association shall be submitted to the <strong>City</strong> for<br />

review by the <strong>City</strong> Attorney for conformance with this and other applicable<br />

ordinances prior to final acceptance <strong>of</strong> the subdivision. The documents shall<br />

specify:<br />

i. Membership in the association is mandatory for all owners <strong>of</strong> property within<br />

the subdivision;<br />

ii. All association responsibilities and property interests:<br />

Hi. By-laws related to the governance <strong>of</strong> the association;<br />

iv. Covenants for maintenance assessments, which run with the land;<br />

v. Responsibility for liability insurance and local taxes;<br />

vi. Authority for the association to secure funds from its members sufficient to<br />

meet its responsibilities. This authority shall include the ability to collect<br />

dues, to increase dues, charge special assessments and place liens against -<br />

property for failing to pay dues and assessments. Dues shall be calculated<br />

based on build out <strong>of</strong> the subdivision; and<br />

vii. Other <strong>City</strong> requirements as applicable.<br />

c. Written release <strong>of</strong> liability for maintenance to benefit the <strong>City</strong>;<br />

d. Written indemnification <strong>of</strong> the <strong>City</strong> for any damages, injuries (including death),<br />

and/or liability resulting from the amenity; and<br />

e. Funds based on an accredited cost projection analysis in escrow to the <strong>City</strong> or<br />

within a specific reserve account <strong>of</strong> the homeowners association or property<br />

owners association for the maintenance and removal <strong>of</strong> entry features, water<br />

features, or other amenities as determined by the <strong>City</strong>.<br />

2. The design <strong>of</strong> amenities shall conform to the following:<br />

a. An entry feature may be constructed on public right-<strong>of</strong>-way, but may not be<br />

constructed to suspend over a public right-<strong>of</strong>-way. An entry feature may be<br />

placed within a median within a right-<strong>of</strong>-way upon <strong>City</strong> Council approval. An<br />

entry feature consisting <strong>of</strong> a water pond, fountain, or other water feature shall<br />

be permitted subject to approval by the <strong>City</strong> Engineer.<br />

b. <strong>No</strong> entry feature, other than screening walls or extensions <strong>of</strong> screening walls,<br />

may be constructed on a lot which contains or will contain a single-family home.<br />

c. Entry features shall not encroach into visibility easements or otherwise impair<br />

pedestrian or vehicular visibility.<br />

d. The maximum height for entry features and structures shall be the maximum<br />

height <strong>of</strong> the governing zoning district as measured from the nearest alley edge<br />

or sidewalk grade, whichever is higher.<br />

6-3


3. All amenities placed on land dedicated to the <strong>City</strong> or within a public right-<strong>of</strong>-way, or<br />

involving the potential use <strong>of</strong> public funds for maintenance and operation shall<br />

require <strong>City</strong> Council approval. The <strong>City</strong> Council may deny any such amenity at its sole<br />

discretion.<br />

4. <strong>No</strong>tice to Purchasers - Builders are required to post notice in a prominent place in all<br />

model homes and sales <strong>of</strong>fices stating that a property association has been<br />

established and membership is mandatory for all property owners. The notice shall<br />

state at a minimum that the builder shall provide any person upon their request the<br />

association documents and a five-year projection <strong>of</strong> dues income and association<br />

expenses.<br />

5. Maintenance Reserve Fund: Prior to the transfer <strong>of</strong> the association to the lot owners,<br />

the developer must provide an adequate reserve fund to the association for<br />

maintenance purposes. A reserve study must be conducted by the developer and<br />

reviewed by the <strong>City</strong> to insure that adequate funds are provided to the association.<br />

6. Property Association Activation: Concurrent with the transfer <strong>of</strong> the association, the<br />

developer must transfer to the association control over all utilities related to common<br />

property and amenities to be owned by the association. The developer must also -<br />

disclose to the association the total cost to date related to the operation and<br />

maintenance <strong>of</strong> common property and amenities.<br />

6.06 EASEMENTS FOR UTILITIES<br />

The Planning and Zoning Commission and/or the <strong>City</strong> Council may require easements for<br />

poles, wires, conduits, storm and sanitary sewers, gas, cable TV and water mains, or other<br />

utility lines if necessary or advisable in the opinion <strong>of</strong> the Commission or Council.<br />

6.07 DEDICATION FOR PUBLIC USE<br />

There shall be no reserved strips <strong>of</strong> land except those which are conveyed to the<br />

government having jurisdiction.<br />

6.<strong>08</strong> DIVERSITY OF OWNERSHIP<br />

Where the desirable development <strong>of</strong> a residential neighborhood Business Park, Commercial<br />

Center or Planned Development is dependent upon coordination <strong>of</strong> diverse land ownership,<br />

the Planning and Zoning Commission and/or the <strong>City</strong> Council may require that an overall<br />

neighborhood study plan be prepared so that individual subdivisions may be developed in<br />

harmony with one another and their environs in accordance with the Land Use Plan.<br />

6.09 PARTIAL DEVELOPMENT OF LARGE SUBDIVISION<br />

Final plats may be approved on portions <strong>of</strong> a large area <strong>of</strong> land for residential or other uses<br />

for which a preliminary plat has been approved, provided that the required improvements<br />

for said portion are developed as part <strong>of</strong> the required improvements for the entire area.<br />

Water mains, storm sewers, trunk sewers, and any sewage treatment facilities shall all be<br />

designated and built to serve the entire area owned by the subdivider or designed and built<br />

in such a manner that they can easily be expanded or extended to serve the entire area.<br />

Construction plans as required in Section 4.04, therefore will be designed to serve the<br />

6-4


•<br />

entire area, as well as surrounding areas shown on the preliminary plat. All subdivision<br />

layouts must conform to the approved preliminary plat.<br />

6.10 COMPREHENSIVE GROUP DEVELOPMENT<br />

A comprehensive group housing development or commercial project including the<br />

construction <strong>of</strong> two or more buildings, together with the necessary drives and ways <strong>of</strong><br />

access and which is not subdivided into the customary lots, blocks, and streets, may be<br />

approved by the <strong>City</strong> Council if in the opinion <strong>of</strong> the Council, any departure from the<br />

foregoing regulations can be made without destroying the intent <strong>of</strong> the regulations. Plans<br />

for all such developments shall be submitted to and approved by the Council after<br />

recommendation by the Planning and Zoning Commission, whether or not such plat is to be<br />

recorded and no building permits shall be issued until such approval has been given.<br />

6.11 UNPLATTED PROPERTY<br />

In the event the subdivider or builder cannot complete any provision <strong>of</strong> this Ordinance<br />

pertaining to the preparation <strong>of</strong> a plat, then upon request, and after recommendation by<br />

the Planning and Zoning Commission, the <strong>City</strong> Council may allow a site plan to be prepared<br />

in conjunction with the building permit plans. The form <strong>of</strong> the site plan shall be sufficient<br />

to provide information required by the <strong>City</strong> to determine if the specific project may be<br />

exempt from the platting requirements. The site plan shall be submitted for staff review,<br />

recommendation by the Planning and Zoning Commission, and approval by the <strong>City</strong> Council.<br />

If in the review and approval process it is determined necessary that a plat should be<br />

prepared, approved, and recorded, then such standard process will be required. However,<br />

if the specific project, as identified in the site plan process clearly identifies that the platting<br />

requirement may be exempted, notice will be so given. By the <strong>City</strong> Council.<br />

The purpose <strong>of</strong> said site plan is to provide sufficient information to identify the project and<br />

its effect upon the area.<br />

The site plan shall contain sufficient information relative to site design considerations,<br />

including but not limited to the following:<br />

1. Point <strong>of</strong> reference to accurately locate the site;<br />

2. The boundary <strong>of</strong> the existing property;<br />

3. Existing and/or proposed buildings;<br />

4. Proposed'occupancy;<br />

5. Parking layout and drives;<br />

6. Means <strong>of</strong> ingress and egress;<br />

7. Loading areas;<br />

8. Fire lanes;<br />

9. Areas to be landscaped;<br />

10.Screening;<br />

11.Public and private sidewalks;<br />

12.Refuse facilities with screening;<br />

13: Lighting facilities with screening or glare shades, and as applicable, a security lighting<br />

plan in accordance with Section 41.3 A 2 <strong>of</strong> the <strong>Frisco</strong> Zoning Ordinance;<br />

14.Adjoining streets and alleys, including curbs, medians, and storm drains;<br />

15. Drainage, electric, telephone, gas, cable television or other utility easements;<br />

16. Zoning;<br />

6-5


17. Size <strong>of</strong> buildings;<br />

18. Computations <strong>of</strong> building area for each occupancy, site area and parking ratio;<br />

<strong>19</strong>.0ther such information as considered essential by the Planning and Zoning Commission<br />

Or<br />

<strong>City</strong> Council;<br />

20. Existing or proposed water and sanitary sewer lines;<br />

21. Sign locations;<br />

22. Minimum finished floor elevation two feet (2') above one-hundred year storm elevation<br />

on<br />

U.S.G.S. datum, when applicable, as well as F.E.M.A. mapping for site.<br />

The <strong>City</strong> may require other information and data for a specific site plan. This data may<br />

include, but is not limited to geologic or archaeological information, water yields, flood data,<br />

environmental information, traffic analysis, road capacities, market information, economic<br />

data for the proposed development, hours <strong>of</strong> operation, elevation and perspective<br />

drawings, lighting, and similar information. Conditional approval <strong>of</strong> the site plan may<br />

establish certain conditions for construction based on such information.<br />

6-6


7.01 RELATION TO LAND USE<br />

SECTION 7<br />

GENERAL REQUIREMENTS AND DESIGN STANDARDS<br />

All subdivisions shall conform to the Comprehensive Plan <strong>of</strong> the <strong>City</strong> and to all applicable zoning<br />

regulations. <strong>No</strong> subdivision design shall be approved that requires a change in zoning until a<br />

rezoning application that would allow such alteration is approved.<br />

7.02 SWEETS<br />

1. Conformity to Major Street Plan<br />

The width and location <strong>of</strong> streets shall conform to such Major Thoroughfare Plan as the <strong>City</strong><br />

Council may have adopted, both as to horizontal and vertical alignment and right-<strong>of</strong>-way<br />

widths.<br />

2. Relation to Adjoining Street System<br />

The proposed street system shall extend all existing major streets and such existing secondary<br />

and local access streets as may be desirable for convenience <strong>of</strong> circulation. Where possible,<br />

the width and the horizontal and vertical alignment <strong>of</strong> extended streets shall be preserved.<br />

3. Street Jogs<br />

Where <strong>of</strong>f-sets in street alignment are, in the opinion <strong>of</strong> the Planning and Zoning Commission<br />

and/or <strong>City</strong> Council, unavoidable, such <strong>of</strong>f-sets may be employed, provided the distance<br />

between center lines is not less than one hundred twenty-five feet (125').<br />

4. Large-Lot Subdivisions<br />

If the lots or tracts <strong>of</strong> land in the proposed subdivision are large enough to suggest resubdivision<br />

in the future, or if part <strong>of</strong> the tract is not subdivided, consideration must be given to<br />

possible future street openings and access to future lots which could result from such resubdivision.<br />

5. Through Traffic<br />

Local streets shall be designed so as to discourage high-speed or through traffic.<br />

6. Topography<br />

The street system shall bear a logical relationship to the natural topography <strong>of</strong> the ground.<br />

7. Street Widths<br />

"Street Right-<strong>of</strong>-Way Width" shall be measured from front lot line to front lot line <strong>of</strong> opposite<br />

lots. "Street Paving Width" shall be measured from outside to outside <strong>of</strong> pavement or curb<br />

lines.<br />

a. Access or Service Roads<br />

Access or service roads shall have a minimum right-<strong>of</strong>-way width <strong>of</strong> forty feet (40').<br />

7-1


. Local Thoroughfares - (Type F, Local Street)<br />

Local residential streets shall have a minimum right-<strong>of</strong>-way width <strong>of</strong> fifty feet (50'), unless<br />

otherwise specifically permitted by the Planning and Zoning Commission and the <strong>City</strong><br />

Council. Local streets in apartment, commercial or industrial areas shall have a minimum<br />

right-<strong>of</strong>-way width <strong>of</strong> sixty feet (60').<br />

c. Secondary Thoroughfares - (Type E. Secondary Thoroughfare)<br />

Secondary or collector streets shall have a minimum right-<strong>of</strong>-way width <strong>of</strong> sixty feet (60').<br />

d. Major Thoroughfares - (Major Streets Types A B C, & D)<br />

The width <strong>of</strong> major streets shall be determined by the Planning and Zoning Commission,<br />

the <strong>City</strong> Council, the Major Thoroughfare Plan, and adopted standards. Major streets with<br />

a right-<strong>of</strong>-way width <strong>of</strong> less than one hundred feet (100') are to be increased to a width <strong>of</strong><br />

one-hundred feet (100') for a distance <strong>of</strong> two-hundred fifty feet (250') at the approach to a<br />

major street intersection, with a transition back to normal right-<strong>of</strong>-way width over a<br />

distance <strong>of</strong> an additional one-hundred fifty feet (150'). The typical width for Type A&B<br />

facilities is 120 feet <strong>of</strong> right-<strong>of</strong>-way. A typical Type C facility is 100 feet <strong>of</strong> right-<strong>of</strong>-way. A<br />

Type D facility is typically 65 to 80 feet <strong>of</strong> right-<strong>of</strong>-way.<br />

Streets within residential subdivisions larger than five (5) acres shall be laid out and platted<br />

so that a minimum <strong>of</strong> twenty-five percent (25%) <strong>of</strong> the total street length <strong>of</strong> all streets in<br />

the subdivision shall be designed in a curvilinear manner with a radius <strong>of</strong> 1,500 feet or less.<br />

Curvilinear streets shall be defined as those streets with a segment there<strong>of</strong> designed with a<br />

degree <strong>of</strong> curvature not less than 3 0 31' and not greater than 22°55'; and which shall <strong>of</strong>fset<br />

a minimum distance <strong>of</strong> thirty feet (30') said <strong>of</strong>fset being measured perpendicular to the<br />

initial tangent line <strong>of</strong> the curve. (Ordinance <strong>No</strong>. 98-06-07)<br />

8. Street Alignment<br />

The maximum deflection in alignment permitted without use <strong>of</strong> curve shall be ten degrees<br />

(10°).<br />

9. Major Street Curves<br />

Curves in major streets shall have a center line radius <strong>of</strong> 2,000 feet or more with exceptions to<br />

this standard granted only by the Planning and Zoning Commission and the <strong>City</strong> Council.<br />

10. Secondary Street Curves<br />

Curves in secondary or feeder streets shall have a center line radius <strong>of</strong> 800 feet or more, with<br />

exception to this standard granted only by the Planning and Zoning Commission andthe <strong>City</strong><br />

Council.<br />

11. Local Street Curves<br />

Curves in local streets are to have a center line radius <strong>of</strong> 300 feet or more, except for "loop" or<br />

partial "loop" streets.<br />

12. Reverse Curves<br />

Reverse curves on major thoroughfares and collector streets shall be separated by a minimum<br />

tangent <strong>of</strong> one hundred feet (100').<br />

7-2


13. Dead-End Streets/Cul-De-Sacs<br />

a. Turn-arounds<br />

Turn-arounds are to have a circular driving surface that has a minimum radius <strong>of</strong> forty-five<br />

feet (45') and a street right-<strong>of</strong>-way that has a minimum radius <strong>of</strong> fifty-five feet (55').<br />

b. Maximum Length<br />

The maximum length <strong>of</strong> a dead-end street with a permanent turn-around shall be 600 feet,<br />

measured from the right-<strong>of</strong>-way line <strong>of</strong> the intersecting street to the center point <strong>of</strong> the<br />

turn-around circle, except in conditions <strong>of</strong> unusual topography.<br />

c. Temporary Turn-Arounds<br />

Temporary turn-arounds are to be provided at the end <strong>of</strong> streets that will be extended in<br />

the future. The following note should be placed on the plat: "Cross-hatched area is<br />

temporary easement for turn-around until street is extended (give direction) in a recorded<br />

plat."<br />

14. Street Intersections<br />

a. Angle <strong>of</strong> Intersection<br />

Except where existing conditions will not permit, all streets, major and minor, shall<br />

intersect at a ninety degree (901 angle. Variations <strong>of</strong> more than ten degrees (10°) on<br />

minor streets and more than five degrees (5°) on major or secondary streets must first be<br />

approved by the Planning and Zoning Commission and the <strong>City</strong> Council.<br />

b. Radius at Acute Corners<br />

Acute angle intersections approved by the Planning and Zoning Commission and the <strong>City</strong><br />

Council are to have twenty-five feet (25') or greater radii at acute corners.<br />

c. Center-Line Tie With Existing Streets<br />

Each new street intersecting with or extending to meet an existing street shall be tied to<br />

the existing street on center line with dimensions and bearings to show relationship.<br />

15. Partial or Half-Streets<br />

Partial or half streets shall be prohibited, except when essential to the reasonable development<br />

<strong>of</strong> the subdivision in conforming with the other requirements <strong>of</strong> these regulations, and where<br />

the Council finds it will be practical to require the dedication <strong>of</strong> the other one-half <strong>of</strong> the street<br />

when the adjoining property is subdivided. Whenever a partial street exists along a common<br />

property line, the other portion <strong>of</strong> the street shall be dedicated. Where part <strong>of</strong> a street is being<br />

dedicated along a common property line and the ultimate planned width is sixty feet (60'), the<br />

first dedication will be thirty-five feet (35'); where the ultimate planned width is seventy-five<br />

feet (75'), the first dedication will be forty feet (40').<br />

The following note shall be used in all such dedication: 'This foot strip is dedicated<br />

as an easement for all public utilities and such other utilities as may be permitted by the <strong>City</strong><br />

and subject to such limitations as may be required by the <strong>City</strong> and shall automatically become<br />

dedicated for street purposes when and ins<strong>of</strong>ar as a foot strip adjacent to it is so<br />

dedicated and the required improvements are installed."<br />

7-3


7.03 LOTS<br />

16. Reserve Strips<br />

Reserve strips controlling access to streets shall be prohibited except where definitely placed in<br />

<strong>City</strong> control under conditions approved by the Planning and Zoning Commission and the <strong>City</strong><br />

Council. When provisional one foot (1') reserves are used along the side or end <strong>of</strong> streets that<br />

abut acreage tracts, the following note shall be used in all such dedication: "One foot (1')<br />

reserve to become automatically dedicated for street purposes when adjacent property is<br />

subdivided in a recorded plat", and access to dedicated tract is hereby prohibited until such<br />

action occurs.<br />

17. Street Names<br />

New streets shall be named so as to provide continuity <strong>of</strong> name with existing streets and so as<br />

to prevent conflict with identical or similar names in other parts <strong>of</strong> the <strong>City</strong>.<br />

18. Private Streets<br />

Dedicated streets and rights-<strong>of</strong>-way shall not be designated or used as private streets and such<br />

use is prohibited, except where specific approval is given by action <strong>of</strong> the <strong>City</strong> Council.<br />

<strong>19</strong>. Access to Major Streets<br />

Where a subdivision borders on or contains the right-<strong>of</strong>-way <strong>of</strong> a freeway, major thoroughfare,<br />

drainage way or railroad, the Planning and Zoning Commission and/or the <strong>City</strong> Council may<br />

require a service street parallel to and on both sides <strong>of</strong> such right-<strong>of</strong>-way, or they may require<br />

that residential or other type land use lots back up to said right-<strong>of</strong>-way without means <strong>of</strong><br />

access. However, reserve strips controlling access to streets shall be prohibited except where<br />

their control is definitely placed in the <strong>City</strong> under conditions approved by the Commission and<br />

the <strong>City</strong> Council.<br />

20. Fire Lanes<br />

The <strong>City</strong> may require the subdivider to provide areas reserved and identified for Fire Lane<br />

easements or emergency access ways for certain commercial, retail, apartment, industrial and<br />

other uses. Typical fire lane easements are twenty four (24) feet wide with a minimum 20'<br />

radius. Fire lanes shall be kept free and clear <strong>of</strong> any obstructions which may impede access <strong>of</strong><br />

fire and/or emergency equipment.<br />

21. Traffic Engineering Studies<br />

Where traffic conditions require, traffic engineering studies may be required by the Planning<br />

and Zoning Commission and/or the <strong>City</strong> Council from the developer to provide technical data.<br />

1. Lot Size, Width, etc.<br />

On the basis <strong>of</strong> the land district (single-family, residential, duplex, multi-family, commercial,<br />

retail, <strong>of</strong>fice, mobile home, industrial, etc.) in which they lie and the use to which they are to be<br />

put, all lots or tract sizes must conform to the regulations <strong>of</strong> the Zoning Ordinance, including<br />

minimum area, width and depth.<br />

7-4


2. Lots on Major Streets (Z99-15; Ordinance <strong>No</strong>. 00-06-18)<br />

<strong>No</strong> Single-Family, Two-Family, or Townhome lot(s) shall front on or face existing or<br />

future major streets or thoroughfares.<br />

3. Lots on Drainage Easements<br />

Minimum usable lot depths for lots backing on natural drainage easements shall be not less<br />

than one hundred feet (100 1) measured between front lot line and the drainage easement line.<br />

4. Lot Shape<br />

Lots should be rectangular ins<strong>of</strong>ar as practicable. Sharp angles between lot lines should be<br />

avoided. The ratio <strong>of</strong> depth to width should not ordinarily exceed two and one-half (21/2)<br />

times. Irregular shaped lots shall have sufficient width at the building line to meet frontage<br />

requirements for the appropriate zoning district.<br />

5. Lot Lines<br />

Side lot lines should be perpendicular or radial to street frontage.<br />

6. Lot Facing (Z2000-06; Ordinance <strong>No</strong>. 00-04-02)<br />

a. Street Frontage<br />

(i) Each lot shall be provided with adequate access to an existing or proposed<br />

public street by frontage on such a street not to be less than forty feet (40')<br />

at the curb line, or as otherwise specified in the Zoning Ordinance. Lots<br />

fronting on an eyebrow or bulb portion <strong>of</strong> a cul-de-sac shall have a minimum<br />

width <strong>of</strong> thirty feet (30') at the curb line.<br />

(ii) Frontage Exception — <strong>No</strong>n-residential and multi-family lots may be platted to<br />

a public way instead <strong>of</strong> a dedicated street upon approval by the Director <strong>of</strong><br />

Planning under the following conditions:<br />

(a) Within a commercial development greater than 10 acres.<br />

(b) Within a multi-family development designed in a neo-traditional style.<br />

Lots fronting on a public way shall meet the minimum frontage requirement<br />

as specified by the Comprehensive Zoning Ordinance <strong>No</strong>. 93-07-11 or the<br />

planned development ordinance.<br />

b. Double Front<br />

(i) Single-Family, Two-Family, and Townhome Lot(s)<br />

Double frontage lots are prohibited, except that single-family, two-family, or<br />

townhome lots may back to a street with a right-<strong>of</strong>-way width <strong>of</strong> sixty (60)<br />

feet or greater. Where lots back to a street, no access is permitted to the<br />

street from the rear <strong>of</strong> the lot.<br />

(ii) Multi-Family and <strong>No</strong>n-Residential Lots<br />

7-5


Where lots have frontage on more than one street, a front building line shall<br />

be established for each street.<br />

c. Front Facing<br />

Whenever feasible, each lot should face the front <strong>of</strong> a similar lot across the<br />

street. In general, an arrangement placing adjacent lots at right angles to each<br />

other should be avoided.<br />

d. Single-Family, Two-Family, and Townhome lot(s) shall not front onto a<br />

subdivision residential street entrance for the first 100-feet, measured from the<br />

intersecting divided thoroughfare rights-<strong>of</strong>-way. The street width shall be<br />

increased to 31-feet for this area to allow three lanes <strong>of</strong> traffic movement.<br />

Parking is prohibited along this section <strong>of</strong> street.<br />

e. Single-Family, Two-Family, and Townhome lot(s) shall not front onto a<br />

subdivision collector street entrance for the first 150-feet, measured from the<br />

intersecting divided thoroughfare rights-<strong>of</strong>-way. Parking is prohibited along this<br />

section <strong>of</strong> street.<br />

7. Lot Numbering<br />

All lots are to be numbered consecutively within each block. Lot numbering may be cumulative<br />

throughout the subdivision if the numbering continues from block to block in a uniform manner<br />

that has been approved on an overall preliminary plat. Use block numbers only when<br />

previously platted units <strong>of</strong> the same subdivision have numbered blocks.<br />

8. Driveway Restrictions (22000-06; Ordinance <strong>No</strong>. 00-04-02)<br />

Rear and side driveway access to major thoroughfares shall be prohibited to:<br />

i. Major thoroughfares;<br />

ii. Residential subdivision street that intersects a divided thoroughfare for a<br />

distance <strong>of</strong> one hundred (100') feet, measured from the rights-<strong>of</strong>-way <strong>of</strong> the<br />

divided thoroughfare;<br />

iii. Residential subdivision collector street that intersects a divided thoroughfare for<br />

a distance <strong>of</strong> one hundred fifty (150') feet, measured from the rights-<strong>of</strong>-way <strong>of</strong><br />

the divided thoroughfare.<br />

7.04 BLOCKS AND PEDESTRIAN WALKS<br />

1. Block Length<br />

Blocks shall not be more than 1,200 feet in length.<br />

2. Block Width<br />

Blocks shall be wide enough to allow two (2) tiers <strong>of</strong> lots with a block width no less than 200<br />

feet, except when prevented by the size <strong>of</strong> the property or the need to back-up to a major<br />

thoroughfare.<br />

7-6


3. Crosswalks<br />

Crosswalk easements <strong>of</strong> fifteen feet (15') in width across blocks exceeding 800 feet in length<br />

shall be dedicated where deemed necessary by the Planning and Zoning Commission and/or<br />

the <strong>City</strong> Council. In blocks 800 feet or more in length, there shall be provided near the center<br />

<strong>of</strong> the block a pedestrian walk easement. The walk is to be paved to a width <strong>of</strong> not less than<br />

five feet (5'). Pedestrian walks <strong>of</strong> not less than four feet (4') shall be provided around the<br />

perimeter <strong>of</strong> ail blocks. The sidewalk shall be constructed before a utility service permit will be<br />

issued.<br />

4. Block Numbering<br />

Blocks are to be numbered consecutively within the overall plat and/or sections <strong>of</strong> a overall plat<br />

as recorded only when previous units <strong>of</strong> subdivision have numbered blocks, otherwise blocks<br />

shall not be numbered.<br />

7.05 BUILDING LINES<br />

Use<br />

7.06 ALLEYS<br />

Building lines along all streets shall be shown on the final plat on lots and shall provide the<br />

minimum set-back for front, side, and rear streets as required by the Zoning Ordinance on the basis<br />

<strong>of</strong> the respective district (single-family, residential, duplex, multi-family, commercial, retail <strong>of</strong>fice,<br />

mobile home, industrial).<br />

1. Alleys Required<br />

Alleys shall be required along the rear line <strong>of</strong> all lots to be used in all residential, commercial,<br />

and industrial districts, except that the Planning and Zoning Commission and/or the <strong>City</strong> Council<br />

may waive this requirement where other definite and assured provision is made for utility and<br />

service access, such as <strong>of</strong>f-street loading, unloading, and parking consistent with and adequate<br />

for the use proposed. The design shall provide for reinforced concrete pavement with a<br />

thickness <strong>of</strong> 8"-5"-8" over a six inch (6") thick lime stabilized subgrade. In no case shall alleys<br />

intersect with major thoroughfares. <strong>No</strong>r shall alleys intersect with collector streets unless<br />

recommended by <strong>City</strong> Staff and the Planning & Zoning Commission, and approved by <strong>City</strong><br />

Council.<br />

2. Alley Width<br />

Where provided, alleys in residential districts shall not be less than eighteen feet (18') in Right<strong>of</strong>-Way<br />

width and paved with concrete not less than twelve feet (12') in width. Service alleys<br />

in commercial and industrial districts shall be a minimum <strong>of</strong> twenty feet (20') in right-<strong>of</strong>-way<br />

width and must be concrete paved with not less than fifteen feet (15') in width. Additional<br />

paving width shall be provided at all intersections and turns in the alley alignment. The<br />

additional paving width may require additional alley Right-<strong>of</strong>-Way width to accommodate all<br />

utilities and screening fences. The entrance to the alley <strong>of</strong>f <strong>of</strong> a street Right-<strong>of</strong>-Way will require<br />

widening to accommodate the pavement width plus a minimum <strong>of</strong> two feet (2') on each side.<br />

3. Cut-Offs<br />

In case <strong>of</strong> intersecting alleys, a right-<strong>of</strong>-way cut-<strong>of</strong>f shall be required at each corner. Cut-<strong>of</strong>fs<br />

shall be triangles having two (2) equal sides each <strong>of</strong> which shall not be less than ten feet (10')<br />

7-7


in length or <strong>of</strong> such greater distance to provide safe vehicular movement. Additional Right-<strong>of</strong>-<br />

Way width may be required to accommodate safe vehicular movements.<br />

4. Dead-End Alleys<br />

7.07 EASEMENTS<br />

<strong>No</strong> permanent dead-end alleys shall be permitted. Alleys in new subdivisions shall connect to<br />

and/or be aligned with alleys in adjacent subdivisions wherever feasible.<br />

1. Size<br />

2. Use<br />

The size <strong>of</strong> easements where alleys are not provided shall not be less than ten feet (10') on<br />

each side <strong>of</strong> rear lot lines. Easements along side lot lines shall be not less than ten feet (10') in<br />

width. However, where deemed necessary by the Planning and Zoning Commission and/or the<br />

<strong>City</strong> Council, such easements may be required to be twenty feet (20') in width.<br />

Where necessary, easements shall be retained for poles, wires, conduits, storm sewers,<br />

sanitary sewers, water lines, open drains, gas lines or other utilities. Such easements may be<br />

required across parts <strong>of</strong> lots (including side lines) other than as described above, if in the<br />

opinion <strong>of</strong> the Planning and Zoning Commission and/or the <strong>City</strong> Council, same is needed. Any<br />

easements so established shall be maintained by the property owner. All easements may be<br />

included in the computation <strong>of</strong> lot sizes, with the exception <strong>of</strong> drainage easements, which will<br />

be in addition to the specified lot size.<br />

3. Drainage Easements<br />

Where a subdivision is traversed by a water course, drainage way, channel or street, there shall<br />

be provided a storm easement or drainage right-<strong>of</strong>-way conforming substantially with such<br />

course and <strong>of</strong> such additional width as may be designated by the <strong>City</strong> Engineer that will be<br />

reasonably adequate for the purpose. Parallel streets or parkways may be required in<br />

connection with these easements.<br />

The drainage shall be designed to eliminate erosion <strong>of</strong> adjoining property and to facilitate<br />

routine maintenance. All building structures shall have an established finished floor elevation<br />

two feet (2') or greater above the calculated One-Hundred (100) year flood elevation.<br />

7.<strong>08</strong> MAJOR CREEKS (Z99-14; Ordinance <strong>No</strong>. 99-09-25)<br />

1. Base Flood Plain Restrictions - For the health, safety, and welfare <strong>of</strong> the present and<br />

future population <strong>of</strong> the <strong>City</strong> and for the conservation <strong>of</strong> water, drainage, and sanitary<br />

facilities, the <strong>City</strong> prohibits development <strong>of</strong> any portion <strong>of</strong> the property which lies within<br />

the Base Flood Plain <strong>of</strong> any Major Creek. These Major Creeks shall be preserved from<br />

any and all destruction or damage resulting from clearing, grading, or dumping <strong>of</strong> earth,<br />

waste or material, or stumps, except at the discretion <strong>of</strong> the <strong>City</strong>.<br />

2. Major Creek Restrictions — The Major Creeks shall be in an open natural condition<br />

beginning at the headwater (as determined by the Federal Emergency Management<br />

Agency and/or the U.S. Army Corps <strong>of</strong> Engineers) <strong>of</strong> each Major Creek. Each Major<br />

Creek is subject to the following requirements:<br />

7-8


a. For single-family residential developments the Base Flood Plain must be dedicated<br />

on a final plat to the <strong>City</strong> as a single lot or to an approved homeowner association<br />

(HOA), approved by the <strong>City</strong>, pursuant to Subsection (b). The Base Flood Plain shall<br />

not be contained in a single-family residential lot. The <strong>City</strong> Council may waive this<br />

dedication requirement for replats that were originally platted prior to the adoption<br />

<strong>of</strong> this requirement.<br />

b. For single-family residential developments, the Base Flood Plain and/or Access<br />

Dedication, as defined in Section 7.<strong>08</strong>(5), may be owned and maintained by an<br />

HOA. The HOA's by-laws and covenants, which must be approved by the <strong>City</strong> and<br />

filed <strong>of</strong> record in the county land records where the property is located, shall<br />

provide: (i) for <strong>City</strong> access for emergency vehicles, equipment and personnel and to<br />

improve and/or maintain the Base Flood Plain and Access Dedication in the event<br />

they are not being properly maintained as determined by the <strong>City</strong> Engineer, and (ii)<br />

provide that the HOA shall reimburse the <strong>City</strong> for any and all costs incurred by the<br />

<strong>City</strong> for maintenance. The final plat shall contain the following: (i) a grant allowing<br />

the <strong>City</strong> access for emergency vehicles, equipment and personnel and to improve<br />

and/or maintain the Base Flood Plain and/or Access Dedication in the event they are<br />

not being properly maintained as determined by the <strong>City</strong> Engineer; and (ii) an<br />

obligation that the HOA shall reimburse the <strong>City</strong> for any and all costs incurred by<br />

the <strong>City</strong> for maintenance.<br />

c. For non-residential developments, the Base Flood Plain and/or Access Dedication,<br />

as defined in Section 7.<strong>08</strong>(5), must be dedicated on the final plat as a single lot to<br />

the <strong>City</strong> or to an approved property management entity, approved by the <strong>City</strong>,<br />

pursuant to Subsection (d). The <strong>City</strong> Council may waive this dedication requirement<br />

for replats that were originally platted prior to the adoption <strong>of</strong> this requirement.<br />

d. For non-residential developments, the Base Flood Plain and/or Access Dedication,<br />

as defined in Section 7.<strong>08</strong>(5), may be owned and maintained by an property<br />

management entity and/or the property owner. The final plat shall contain the<br />

following: (i) a grant allowing the <strong>City</strong> access for emergency vehicles, equipment<br />

and personnel and to improve and/or maintain the Base Flood Plain and/or Access<br />

Dedication in the event they are not being properly maintained as determined by<br />

the <strong>City</strong> Engineer; and (ii) an obligation that the property management entity<br />

and/or the property owner shall reimburse the <strong>City</strong> for any and all costs incurred by<br />

the <strong>City</strong> for maintenance.<br />

3. Residential Development Criteria Along Major Creeks:<br />

a. A minimum <strong>of</strong> sixty percent (60%) <strong>of</strong> the linear frontage <strong>of</strong> the Base Flood Plain<br />

and/or Access Dedication in each final plat shall have adjacent to it one (1) or more<br />

<strong>of</strong> the following types <strong>of</strong> streets (as generally depicted in Exhibit "B", attached<br />

hereto and incorporated herein for all purposes.)<br />

Parallel streets<br />

(ii) Loop streets<br />

(iii) Cul-de-sacs (more than two (2) consecutive cul-de-sacs without<br />

separation by a looped street or parallel street is prohibited). Refer to<br />

Section 7.09(13)(6) regarding access width to Base Flood Plain and/or<br />

Access Dedication.<br />

(iv) Any lot that sides to the Base Flood Plain and/or Access Dedication shall<br />

have a side yard setback <strong>of</strong> fifteen (15) feet.<br />

7-9


•<br />

b. A maximum <strong>of</strong> forty percent (40%) <strong>of</strong> the linear frontage <strong>of</strong> the Base Flood Plain<br />

and/or Access Dedication in each final plat may have lots backing to a Major Creek.<br />

When a lot backs to a Major Creek the following is required:<br />

(i) Any lot that backs to the Base Flood Plain and/or Access Dedication shall<br />

have a rear yard setback <strong>of</strong> twenty-five (25) feet;<br />

(ii) Alternating cul-de-sacs and looped streets shall be provided at intervals not<br />

to exceed twelve-hundred (1,200) feet for access to the Base Flood Plain<br />

and/or Access Dedication; and<br />

(iii) The Base Flood Plain and/or Access Dedication shall be available to public<br />

access from the end <strong>of</strong> a cul-de-sac in the manner required in Section<br />

7.09(13)(6).<br />

c. Section 7.<strong>08</strong>(3)(a) does not apply to properties which have an approved concept<br />

plan that is part <strong>of</strong> a planned development ordinance adopted prior to the effective<br />

date <strong>of</strong> this Ordinance; provided, however, said properties are subject to the<br />

following conditions:<br />

( i ) Any lot that backs to the Base Flood Plain and/or Access Dedication shall<br />

have a rear yard setback <strong>of</strong> twenty-five (25) feet;<br />

(ii) Any lot that sides to the Base Flood Plain and/or Access Dedication shall<br />

have a side yard setback <strong>of</strong> fifteen (15) feet.<br />

(Hi) Alternating cul-de-sacs and looped streets shall be provided at intervals not<br />

to exceed twelve-hundred (1,200) feet for access to the Base Flood Plain<br />

and/or Access Dedication; and<br />

(iv) The Base Flood Plain and/or Access Dedication shall be available to public<br />

access from the end <strong>of</strong> a cul-de-sac in the manner required in Section<br />

7.09(13)(6).<br />

d. Properties adjacent to a golf course that exist or are under construction on the date<br />

<strong>of</strong> filing a preliminary plat ("under construction" shall mean the <strong>City</strong> Engineer has<br />

issued a permit for full release and dirt work is being performed on the site), shall<br />

be allowed to have lots backing to the Base Flood Plain and/or Access Dedication<br />

subject to the following conditions:<br />

(0 Any lot that backs to the Base Flood Plain and/or Access Dedication shall<br />

have a rear yard setback <strong>of</strong> twenty-five (25) feet;<br />

(ii) Any lot that sides to the Base Flood Plain and/or Access Dedication shall<br />

have a side yard setback <strong>of</strong> fifteen (15) feet.<br />

(iii) Alternating cul-de-sacs and looped streets shall be provided at intervals not<br />

to exceed twelve-hundred (1,200) feet for access to the Base Flood Plain<br />

and/or Access Dedication; and<br />

(iv) The Base Flood Plain and/or Access Dedication shall be available to public<br />

access from the end <strong>of</strong> a cul-de-sac in the manner required in Section<br />

7.09(13)(6).<br />

e. The proposed street alignment fronting on <strong>City</strong> parks is subject to <strong>City</strong> approval.<br />

f. Residential lots that are allowed to back or side to the Base Flood Plain and/or<br />

Access Dedication shall have an ornamental metal fence along the rear and side <strong>of</strong><br />

the lots subject to <strong>City</strong> review and approval. The lot owner is responsible for the<br />

maintenance <strong>of</strong> the fence.<br />

7-10


9. A no-build and preservation easement(s) shall be provided on lots and open space<br />

lots as shown on the final plat to preserve topography and vegetation (the "no-build<br />

and preservation easement(s)"). A minimum twenty (20) foot building setback shall<br />

be provided adjacent to the no-build and preservation easement(s). Pools and<br />

decks shall be permitted within the twenty (20) foot setback, but not in the no-build<br />

and preservation easement(s), within the platted lot, and shall meet the minimum<br />

setbacks as specified in the Comprehensive Zoning Ordinance, and any<br />

amendments thereto. Neither grade changes nor vegetation removal shall occur<br />

within the no-build and preservation easement(s) without prior <strong>City</strong> Engineer<br />

approval.<br />

h. At the request <strong>of</strong> the <strong>City</strong>, the property owner shall submit the following documents<br />

with the preliminary plat that includes property along a Major Creek:<br />

4. Streets -<br />

(i) Wetland Delineation Study;<br />

(fi) Habitat Study; and<br />

(hi) Vegetative Study<br />

These studies shall be considered in the review <strong>of</strong> the preliminary plat regarding -<br />

development along a Major Creek.<br />

The size <strong>of</strong> streets adjacent to the Base Flood Plain and/or Access Dedication shall have<br />

a minimum right-<strong>of</strong>-way width <strong>of</strong> fifty (50) feet. The <strong>City</strong> shall participate in fifty<br />

percent (50%) <strong>of</strong> the paving costs when the <strong>City</strong> determines that a collector size street,<br />

sixty (60) feet <strong>of</strong> right-<strong>of</strong>-way width, is necessary.<br />

5. Maintenance and Access Dedication -<br />

The property owner must provide sufficient access on each side <strong>of</strong> and parallel to the Base Flood<br />

Plain <strong>of</strong> each Major Creek for <strong>City</strong> access for emergency vehicles, equipment and personnel and<br />

to improve and/or maintain the Base Flood Plain. The access shall be above the Base Flood Plain<br />

elevation. Streets and alleys abutting the Base Flood Plain may substitute for the Access<br />

Dedication subject to <strong>City</strong> Engineer approval. Access to the Access Dedication must also be<br />

provided at a maximum twelve hundred-foot (1,200) spacing along streets or alleys. The <strong>City</strong><br />

Engineer shall determine the location and size <strong>of</strong> the Access Dedication. The minimum width <strong>of</strong><br />

the Access Dedication shall be twelve (12) feet. Permanent monuments, the type and location<br />

<strong>of</strong> which will be determined by <strong>City</strong> Engineer, shall be placed by the property owner along the<br />

boundaries <strong>of</strong> the Access Dedication and private property.<br />

7.09 REOUIRED IMPROVEMENTS<br />

1. Streets<br />

All streets shall be paved with a permanent type <strong>of</strong> pavement in accordance with <strong>City</strong><br />

Specifications. Paving widths shall be in accordance with the standards set forth in the Major<br />

Thoroughfare Plan <strong>of</strong> the <strong>City</strong> and shall be constructed under the supervision <strong>of</strong> the <strong>City</strong><br />

Engineer. Minimum standards acceptable for pavement types are as follows:<br />

7-11


a. Residential - Six inch (6") thick reinforced concrete pavement laid on a six inch (6°) lime<br />

stabilized subbase, with a compressive strength <strong>of</strong> not less than 3,500 psi in twenty-eight<br />

(28) days, and a cement content <strong>of</strong> not less than five (5) sacks per cubic yard with six inch<br />

(6") integral curbs. All paved residential streets shall be a minimum <strong>of</strong> 27 feet back curb to<br />

back curb except where alley access does not exist and/or front entry is provided to the lot<br />

at which point the street pavement shall be 31 feet back curb to back curb.<br />

b. Secondary Collector - Seven inch (7 11 ) thick reinforced concrete pavement laid on a six inch<br />

(6") lime stabilized subbase, with a compressive strength <strong>of</strong> not less than 3,500 psi in<br />

twenty-eight (28) days, and a cement content <strong>of</strong> not less than five (5) sacks per cubic yard<br />

with six inch (6") integral curbs. All collector streets shall be constructed in a minimum<br />

Right-<strong>of</strong>-Way width <strong>of</strong> 60 feet with a 41 foot wide pavement section.<br />

c. Major Thoroughfare - Eight inch (8") thick reinforced concrete pavement laid on a six inch<br />

(6") lime stabilized subbase, with a compressive strength <strong>of</strong> not less than 3,500 psi in<br />

twenty-eight (28) days, and a cement content <strong>of</strong> not less than five (5) sacks per cubic yard<br />

with six inch (6") integral curbs. The width <strong>of</strong> any major thoroughfare Right-<strong>of</strong>-Way and<br />

pavement shall conform with the <strong>Frisco</strong> standards.<br />

2. Curbs and Gutters<br />

Curb and gutter shall be provided unless otherwise waived by the <strong>City</strong> Council and shall be<br />

constructed along both sides <strong>of</strong> all streets within the subdivision in accordance with <strong>City</strong><br />

Specifications. Handicap access ramps must be provided as well.<br />

3. Sidewalks<br />

Sidewalks shall be provided unless otherwise waived by the <strong>City</strong> Council and shall not be less<br />

than four feet (4') in width on both sides <strong>of</strong> all major, collector, and local streets. When the<br />

delay <strong>of</strong> sidewalk construction is deemed appropriate due to future right-<strong>of</strong>-way improvements,<br />

escrow funds in lieu <strong>of</strong> the construction <strong>of</strong> sidewalks may be approved by the <strong>City</strong> Council.<br />

Such funds shall be escrowed with the <strong>City</strong> prior to the filing <strong>of</strong> the subdivision plat with the<br />

appropriate County Clerk's <strong>of</strong>fice. If the tract has already been platted and filed, then the<br />

funds must be escrowed prior to final approval <strong>of</strong> a site plan. The escrow amount shall be<br />

determined by the square foot cost <strong>of</strong> constructing such sidewalk, as estimated by the <strong>City</strong><br />

Engineer.<br />

4. Park Trails<br />

Designated park trails Must be a minimum <strong>of</strong> eight feet (8') wide.<br />

5. Alleys<br />

Where provided, alleys shall be graded, improved, and leveled in accordance with <strong>City</strong><br />

Specifications.<br />

6. Water Utilities<br />

Water mains <strong>of</strong> a six inch (6") minimum diameter size or larger as required, shall be provided<br />

to supply domestic water, and fire protection. The water system shall include control valves,<br />

fire hydrants, water service lines, meter boxes, and curb stops to serve each lot.<br />

The minimum water pipe specification is AVVWA C900 DR 18, Class 150 or AWWA C905 DR 18,<br />

Class 235.<br />

7-12


A water system shall be provided to serve and provide potable water to all lots within<br />

subdivision. Each lot or tract <strong>of</strong> land identified for development shall be served with an<br />

individual water service. The water service shall be placed in the center <strong>of</strong> the lot with the<br />

sanitary sewer service located ten feet (10') down stream. The minimum water service shall<br />

be three-quarter inches in diameter and shall consist <strong>of</strong> the following items.<br />

a. Corporation stop with double strap pipe saddle on PVC pipe.<br />

b. Type "K" copper pipe to a point located two feet (2') behind the curb line.<br />

c. Angle meter stop on end <strong>of</strong> copper pipe in a water meter box (cast iron or galvanized metal<br />

with cast iron lid).<br />

d. The size <strong>of</strong> the water service shall be approved by the <strong>City</strong> based upon projected water<br />

demands.<br />

e. The meter box shall be set flush with the ground line.<br />

f. The location <strong>of</strong> each water service shall be marked on the concrete curb with a<br />

g. All <strong>of</strong> the water distribution systems shall be pressure tested and pass a pressure <strong>of</strong> 200 psi<br />

for three (3) hours. Allowable loss <strong>of</strong> pressure shall be no greater than twenty-five (25)<br />

gallons per inch <strong>of</strong> pipe, per mile over a twenty-four (24) hour period.<br />

h. All required bacteriological tests prescribed by the State will be made by the Developer prior<br />

to acceptance by the <strong>City</strong>.<br />

All water lines shall be designed and located so that they are within the parkway area on<br />

the opposite side <strong>of</strong> the street from the sewer line between the curb line and the Right-<strong>of</strong>-<br />

Way line, unless otherwise approved by the <strong>City</strong> Council. All sewer line located near water<br />

lines shall comply with the State prescribed standards.<br />

All items required for a complete water distribution system including, but not limited to<br />

pipe, valves, fire hydrants, service, etc., shall be provided by the Developer or as may be<br />

approved by the <strong>City</strong> Council.<br />

7. Sanitary Sewer Utilities<br />

Sewer mains shall be a minimum <strong>of</strong> six inches (6 1 ) or larger as required to carry the design<br />

flow. Manholes, cleanouts, service lines, lift stations, force mains, collection lines, etc., as<br />

required to form a complete sewer collection system shall be designed in accordance with the<br />

Texas Water Commission Criteria, or as it may be amended.<br />

The minimum sewer pipe specifications shall be ASTM D 3034 - SDR 35 or ASTIvl F7<strong>94</strong> for 4"<br />

through 15" pipe sizes and ASTM F679 or ASTM 17<strong>94</strong> for 18" through 30" pipes.<br />

A sanitary sewer system shall be provided to serve all lots within a subdivision. A separate<br />

service line shall be provided to each unit.<br />

Each lot or tract <strong>of</strong> land identified for development shall be served with an individual sewer<br />

service. The sewer service shall be placed ten feet (10') down stream from a water service<br />

which is to be located in the center <strong>of</strong> the lot. The sewer service shall consist <strong>of</strong> the following:<br />

a. Sewer line fitting ('Y or "Y") installed in the collection line for service connection.<br />

b. Minimum <strong>of</strong> four inch (4") PVC (SDR 35 or equal) service pipe installed to grade with a four<br />

foot (4') minimum depth below ground line or curb grade at the property line.<br />

c. Each service line shall be plugged.<br />

7-13


d. A marker shall be installed at the end <strong>of</strong> each sewer service, and an "5" mark shall be<br />

placed on the concrete curb line.<br />

e. All sewer lines shall be tested, and pass a low pressure air test and a Mandrell test.<br />

All sewer lines shall be designed and located so that they are within the parkway area on<br />

the opposite side <strong>of</strong> the street from the water line between the curb line and the Right-<strong>of</strong>-<br />

Way line, unless otherwise approved by the <strong>City</strong> Council.<br />

All items required for a complete sewer collection system including, but not limited to pipe,<br />

manholes, cleanout, service testing, lift stations, force mains, etc., shall be provided by the<br />

Developer or as may be approved by the <strong>City</strong> Council.<br />

For those areas where the <strong>City</strong> determines that a connection to the central sewer system is not<br />

practical, then individual on-site treatment shall be provided. For areas where on-site<br />

treatment is intended, a permit for operation <strong>of</strong> an on-site systme must be aquired prior to<br />

application for preliminary or final plat approval.<br />

It is the purpose <strong>of</strong> this Ordinance to ensure compliance with the Texas Department <strong>of</strong> Health<br />

and/or the Texas Natural Resources Conservation Commission requirements so that on-site<br />

sewerage facilities shall be designed, constructed, permitted, and operated to provide adequate<br />

sewage treatment and disposal that will not contaminate potable water supplies or threaten the<br />

health and welfare <strong>of</strong> the public. The design, construction, permitting, and operation <strong>of</strong> on-site<br />

sewerage system for use by individual homes, small business establishments, recreational<br />

areas, institutions, and other areas shall be in accordance with the "Construction Standards for<br />

On-Site Sewerage Facilities", Texas Department <strong>of</strong> Health, effective January 1, <strong>19</strong>88, or as may<br />

be amended. These construction standards are adopted under the authority <strong>of</strong> the Texas<br />

Sanitation and Health Protection Law, Texas Civil Statutes, Article 4477-1.<br />

All new development and construction, either in the <strong>City</strong> or its Extraterritorial Jurisdiction (E0),<br />

shall conform to these requirements. Existing individual disposal facilities should be upgraded<br />

to comply with the Standards, in order to protect the public health and welfare. On-site<br />

sewerage facilities must be upgraded by the owner, at the owner's expense, if the operation <strong>of</strong><br />

the facility does not comply with government regulations or results in objectionable odors,<br />

unsanitary conditions, pollution, etc.<br />

The developers <strong>of</strong> subdivisions, mobile home (manufactured housing) parks, or commercial and<br />

industrial establishments that are remote from organized sewage collection systems shall<br />

consider the method <strong>of</strong> sewage disposal in the determination <strong>of</strong> lot size and arrangement. A<br />

sewage disposal plan shall be submitted to the appropriate local regulatory authority as a part<br />

<strong>of</strong> the construction plans prior to the consideration <strong>of</strong> approval <strong>of</strong> the final plat.<br />

Platted subdivisions served by a public water supply, but utilizing individual subsurface methods<br />

for sewage disposal shall provide for individual lots having surface areas <strong>of</strong> at least one (1)<br />

acre. Platted subdivisions served by an individual water supply well and an individual sewage<br />

disposal system shall maintain a minimum <strong>of</strong> a 150 foot radius around the well in which no<br />

subsurface sewerage system may be constructed; and each lot shall contain not less than one<br />

(1) acre.<br />

-<br />

8. Storm Drainage<br />

Storm drainage facilities shall be provided where the run-<strong>of</strong>f storm water and the prevention <strong>of</strong><br />

erosion cannot be accomplished satisfactorily by surface drainage. All drainage facilities shall<br />

be constructed in accordance with the Comprehensive Plan and <strong>City</strong> specifications. The<br />

approval <strong>of</strong> the <strong>City</strong> Engineer or Consulting Engineer shall be received prior to the final plan<br />

7-14


approval. Standard engineering practice shall be used for the calculation <strong>of</strong> storm water run<strong>of</strong>f<br />

or a method <strong>of</strong> hydraulic engineering as determined by the rational method considered for a<br />

100-year flood frequency, or as may be established through a separate drainage ordinance. All<br />

construction activities shall have erosion control facilities placed to control storm water run<strong>of</strong>f<br />

prior to any actual construction being started on any project. Compliance with <strong>City</strong>, State and<br />

Federal laws shall be made. The <strong>City</strong> may require a separate drainage plan for any lot when<br />

deemed necessary by the <strong>City</strong>.<br />

9. Erosion Control<br />

Subdivider shall provide and maintain measures to control erosion and siltation as specified by<br />

Ordinance #89-04-02.<br />

10. Monuments<br />

a. Monuments consisting <strong>of</strong> three-eighths inch (3/8") diameter steel rods twenty-four inches<br />

(24") long shall be placed at all corners <strong>of</strong> block lines, the point <strong>of</strong> intersection <strong>of</strong> alley and<br />

block lines, and at points <strong>of</strong> intersections <strong>of</strong> curves and tangents <strong>of</strong> the subdivision.<br />

b. Lot markers consisting <strong>of</strong> three-eighths inch (3/8") diameter steel rods shall be placed at all<br />

lot corners.<br />

11. Street Name and Traffic Signs<br />

All street name signs and traffic signs shall be provided and shall meet the type and erection<br />

standards <strong>of</strong> the <strong>City</strong>. The cost <strong>of</strong> street name signs shall be paid for by the Developer and<br />

installed by the <strong>City</strong>. All traffic control signs shall be paid for and installed by the Developer.<br />

12. Street Lighting (Z2000-26; Ordinance <strong>No</strong>. 00-09-22)<br />

A. The following standards shall apply to all Major and Minor Arterials:<br />

1. Streetlights shall be placed in the medians, with spacing not to exceed three<br />

hundred feet (300') and no closer than one hundred fifty feet (150')<br />

depending on median breaks and intersections.<br />

2. Luminaries shall be designed to function as Full Cut<strong>of</strong>f Type <strong>of</strong> Luminarie(s).<br />

3. Die cast aluminum or extruded aluminum with segmented internal reflector,<br />

250-watt Metal Halide single or double head with davit arm black in color or<br />

approved equal by the <strong>City</strong> Engineer shall be used.<br />

4. Arterial lighting shall be installed prior to acceptance by <strong>City</strong> Council. When<br />

partial arterials are constructed the <strong>City</strong> Engineer may escrow funds in lieu <strong>of</strong><br />

installing required lighting. Where arterials bisect property lines, each owner<br />

(Developer) is equally responsible for the complete cost <strong>of</strong> fully developed<br />

arterial lighting.<br />

5. Poles are to be round tapered with a maximum height <strong>of</strong> 30 feet.<br />

B. The following standards shall apply to all Commercial Collectors.<br />

7-15


•<br />

1. Lights shall be placed in the parkway between the curb and the sidewalk,<br />

with spacing not to exceed three hundred feet (300') and no closer than one<br />

hundred fifty (150').<br />

2. Luminaries shall be designed to function as Full Cut<strong>of</strong>f Type <strong>of</strong> Luminarie(s).<br />

3. Die cast aluminum or extruded aluminum with segmented internal reflector,<br />

250-watt Metal Halide single head with davit arm black in color or approved<br />

equal by the <strong>City</strong> Engineer shall be used.<br />

4. Collector lighting shall be installed prior to acceptance by <strong>City</strong> Council. Where<br />

collectors bisect property lines, each owner (Developer) is equally<br />

responsible for the complete cost <strong>of</strong> fully developed lighting.<br />

5. Poles are to be round tapered with a maximum height <strong>of</strong> twenty feet (20').<br />

C. The following standards shall apply to all Residential Streets.<br />

1. Poles are to be round tapered, American style with Barrington base, black in<br />

color. Maximum height not to exceed twelve feet (12') for residential streets<br />

and fourteen feet (14') for collectors.<br />

2. Lamp wattages shall be 100 watts Metal Halide.<br />

3. Luminaries shall be Acorn with refractive globes, metal cap and finial.<br />

4. The developer may install additional banding and/or medallions with prior<br />

approval from the <strong>City</strong> Engineer. The cost for maintenance and/or<br />

replacement <strong>of</strong> the banding and/or medallions shall be the responsibility <strong>of</strong><br />

the developer or Homeowners Association.<br />

5. Residential lights shall be installed without multiple luminaries.<br />

6. Light locations shall typically be at intersections and at mid-block if the block<br />

length is greater than six hundred feet (600'). Cul-de-sacs over three<br />

hundred feet (300'), measured from centerline <strong>of</strong> street to center point <strong>of</strong><br />

cul-de-sac, shall have a light installed at the street intersection and at the<br />

beginning <strong>of</strong> the bulb. Other locations may be required as deemed<br />

necessary by the <strong>City</strong> Engineer. Lights shall not be closer than one hundred<br />

fifty (150').<br />

7. Subdivisions bounded by arterials shall have common type <strong>of</strong> luminaries.<br />

Streetlights shall be installed prior to acceptance by <strong>City</strong> Council.<br />

D. A lighting plan shall be required anytime lighting is proposed, or modified. The<br />

lighting plan shall be submitted to the <strong>City</strong> Engineer for a construction permit. A<br />

certified engineer, architect, landscape architect, lighting engineer or designer<br />

shall prepare the plan. The plan shall also contain a certification by the property<br />

owner or agent and the preparer <strong>of</strong> the plan that the street lighting depicted on<br />

the plan complies with the requirements <strong>of</strong> this Ordinance. The submission shall<br />

contain but shall not necessarily be limited to the following:<br />

7-16


1. Plans indicating the location <strong>of</strong> the lighting, and the type <strong>of</strong> illuminating<br />

devices, fixtures, lamps, supports, reflectors, and other devices;<br />

2. Description <strong>of</strong> the illuminating devices, fixtures, lamps, supports, reflectors,<br />

and other devices and the description may include, but is not limited to,<br />

catalog cuts by manufacturers and drawings (including sections where<br />

required) and height <strong>of</strong> the luminaries;<br />

3. Photometric plan and data sheets, such as that furnished by manufacturers,<br />

or similar to that furnished by manufacturers, showing the angle <strong>of</strong> cut <strong>of</strong>f or<br />

light emissions; .<br />

4. Water and sewer locations along with any other existing utilities lightly<br />

shaded on plans showing any possible location conflicts with proposed<br />

lighting.<br />

E. The following are exempt by this Ordinance.<br />

1. "Cobra head" type lighting fixtures having dished or "drop" lenses or<br />

refractors which house other than incandescent light sources in undeveloped •<br />

areas.<br />

2. Temporary lighting approved by the <strong>City</strong> Engineer.<br />

3. Where existing or phased subdivisions are currently under construction, the<br />

continued use <strong>of</strong> currently approved lighting will be permitted. When divided<br />

by collector sized streets the new lighting standards will be required.<br />

4. <strong>City</strong> Council may vary from these requirements as part <strong>of</strong> the approval <strong>of</strong><br />

public street and sidewalk projects on overlay districts.<br />

F. Lighting luminaries in existence on the effective date <strong>of</strong> this Ordinance shall be<br />

exempt from these standards and shall be considered legally nonconforming.<br />

Such fixtures may be repaired, maintained and replaced. The replacement <strong>of</strong><br />

non-conforming luminaries shall comply with this ordinance.<br />

G. The <strong>City</strong> Engineer, or his/her designee, is hereby empowered and directed to<br />

administer and enforce the provisions <strong>of</strong> this Ordinance relating to street lighting.<br />

13. Neighborhood and Linear Parks and Connections to Park (Z99-14; Ordinance <strong>No</strong>. 99-09-25)<br />

This section shall not apply to Major Creeks as set forth in Section 7.<strong>08</strong> unless<br />

otherwise noted.<br />

a. General Requirements - Parks should be easy to access and open to public view so<br />

as to benefit area development, enhance the visual character <strong>of</strong> the <strong>City</strong>, protect<br />

public safety and minimize conflict with adjacent land uses. The following<br />

guidelines should be used in designing parks and adjacent development:<br />

1. Where physically feasible, parks should be bounded by streets or by other<br />

public uses (e.g. school, library, recreation center).<br />

7-17


2. Where residential lots must directly abut a park, lots should be oriented so as to<br />

side and not back to the park. In this instance, cul-de-sac and looped streets<br />

should be used to access the lots and park (see illustration: Park Access).<br />

Residential lots should back to a park only when the site's physical character<br />

(e.g. shape, topography, drainage) does not reasonably permit an alternative<br />

design or the layout <strong>of</strong> the subdivision complements the use <strong>of</strong> the park (e.g.<br />

lots backing to a golf course).<br />

3. A proposed subdivision adjacent to a park may not be designed to restrict<br />

reasonable access to the park from other area subdivisions. Street connections<br />

to existing or future adjoining subdivisions may be required to provide<br />

reasonable access to parks.<br />

4. Where a non-residential use must directly abut a park, the use must be<br />

separated by a screening wall or fence and landscaping approved by the <strong>City</strong>.<br />

Access points to the park may be permitted by the <strong>City</strong> if a public benefit is<br />

established.<br />

5. Alleys may abut a park provided that the alley does not exceed the residential -<br />

lot depth by the width <strong>of</strong> the alley. Alleys should not be designed to encourage<br />

their use as a means <strong>of</strong> vehicular, bike or pedestrian travel to the park.<br />

6. Public access to a park shall not be less than twenty (20) feet at the curb and<br />

widened to fifty (50) feet in width to the Base Flood Plain and/or Maintenance<br />

and/or Access Dedication and shall not be part <strong>of</strong> a residential lot. The<br />

property owner shall install a ten (10) foot wide concrete trail from the street to<br />

the hike and bike trail/park prior to final acceptance <strong>of</strong> the subdivision.<br />

However, the property owner may request to escrow funds for the contracted<br />

amount prior to final acceptance <strong>of</strong> the subdivision with <strong>City</strong> approval. The<br />

escrow amount will remain in place until the trail has been completed and<br />

accepted by the <strong>City</strong>.<br />

7. A twenty-five (25) foot level surface shall be provided for a twelve (12) foot<br />

wide public hike and bike trail when required. The twenty-five (25) foot wide<br />

level surface can be provided within and/or outside <strong>of</strong> the Base Flood Plain<br />

and/or Access Dedication. The parkway for the public street may count<br />

towards the twenty-five (25) foot wide level surface. The proposed hike and<br />

bike trail shall be shown on the preliminary plat. The <strong>City</strong> Engineer and the<br />

Director <strong>of</strong> the Parks Department shall make the final determination <strong>of</strong> the<br />

placement <strong>of</strong> the public hike and bike trail at the time <strong>of</strong> the final plat. Low<br />

water crossings for the hike and bike trail may be permitted with approval from<br />

the <strong>City</strong> Engineer and the Director <strong>of</strong> the Parks Department. The hike and bike<br />

trail shall be designed so as to minimize visibility blind spots from public streets<br />

for public safety purposes.<br />

b. Streets Abutting a Park — Streets abutting a park shall be built in accordance with<br />

the thoroughfare plan, the standards <strong>of</strong> this Ordinance and all other applicable<br />

construction standards and/or ordinances, as they exist or may be amended;<br />

however, the <strong>City</strong> may require any residential street built adjacent to a park to be<br />

constructed to collector street width to ensure access and prevent traffic<br />

congestion.<br />

7-18


1. When park land is acquired, the <strong>City</strong> shall reserve sufficient land to provide the<br />

additional right-<strong>of</strong>-way required for an abutting collector size street, sixty (60)<br />

feet <strong>of</strong> right-<strong>of</strong>-way, unless otherwise approved by the <strong>City</strong>.<br />

2. The proposed street alignment fronting on <strong>City</strong> parks is subject to <strong>City</strong><br />

approval. Land owners shall also provide street access to all Major Creeks<br />

and/or Access Dedications,<br />

c. Park Reservation and Dedication - Land for neighborhood and linear parks shall be<br />

reserved and dedicated in accordance with the locations specified on the Parks,<br />

Recreation and Open Space Master Plan. Preliminary plats and final plats shall be<br />

reviewed to determine if land dedications shall be required for neighborhood and<br />

linear parks. If land is to be dedicated, the <strong>City</strong> shall specify the proposed land<br />

requirements, and the land owner shall accommodate the dedication or. <strong>of</strong>fer to<br />

dedicate an alternative site, which reasonably meets the same needs <strong>of</strong> the <strong>City</strong>.<br />

The <strong>City</strong> Council shall make the final determination <strong>of</strong> site location and configuration<br />

reserved for future dedication on the approved preliminary plat and/or final plat.<br />

Specific neighborhood and linear park sites and improvements shall be dedicated to<br />

the <strong>City</strong> upon approval <strong>of</strong> the final plat and completion and acceptance <strong>of</strong> the<br />

improvements.<br />

d. Site Criteria - Neighborhood and linear park sites shall be <strong>of</strong> a suitable size,<br />

dimension, topography, and general character to meet the design criteria specified<br />

in the Parks, Recreation and Open Space Master Plan, as it exists or may be<br />

amended.<br />

e. Minimum Park Im provements - Unless waived by the <strong>City</strong> Council, neighborhood<br />

and linear parks shall be improved by the developer prior to acceptance by the <strong>City</strong>.<br />

Minimum park improvements, as determined by the <strong>City</strong>, shall include:<br />

1. Grading and clearance <strong>of</strong> unwanted vegetation;<br />

2. Installation <strong>of</strong> drainage and stream erosion controls;<br />

3. Establishment <strong>of</strong> turf and planting <strong>of</strong> trees;<br />

4. Installation <strong>of</strong> perimeter streets and street lights; and<br />

5. Provision <strong>of</strong> water and sewer service.<br />

f. Additional Improvements - The developer may request permission to construct<br />

additional park improvements. The <strong>City</strong> Council may approve additional<br />

improvements if the proposed improvements are consistent with the design criteria<br />

and objectives <strong>of</strong> the Parks, Recreation and Open Space Master Plan, as it exists or<br />

may be amended, and the Parks and Recreation Board provides a favorable<br />

recommendation.<br />

g. Improvement Plan and Development Agreement - <strong>No</strong> additional improvements, as<br />

outlined in Section 7.09(13)(f), may be made to a proposed park site without prior<br />

written approval from the <strong>City</strong>. The plan shall illustrate all proposed improvements<br />

and estimated costs <strong>of</strong> each improvement (including unit costs where appropriate).<br />

Prior to improving the site, the developer and the <strong>City</strong> must execute a development<br />

7-<strong>19</strong>


agreement defining, among other things, the work to be performed, construction<br />

schedules, improvement costs, performance surety, the amount to be reimbursed<br />

and the timing <strong>of</strong> such reimbursement. The <strong>City</strong>'s Parks and Recreation Board shall<br />

assess and submit its recommendation to the <strong>City</strong> Council.<br />

h. Completion <strong>of</strong> Land Dedication and Improvements — Park land shall be dedicated to<br />

the <strong>City</strong> concurrently with the fling <strong>of</strong> an approved final plat or replat. All<br />

improvements specified in the park improvement plan and development agreement<br />

must be completed prior to approval <strong>of</strong> the final plat, except where future<br />

performance is provided for in a development agreement.<br />

i. Cost Reimbursement - The <strong>City</strong> shall reimburse the developer for land and<br />

improvement costs associated with qualified park land dedication and improvements<br />

under the terms set forth in applicable <strong>City</strong> ordinances, as they exist or may be<br />

amended. This section does not apply to any improvements outlined in Section<br />

7.<strong>08</strong>.<br />

j. The <strong>City</strong> may accept or reject voluntary dedications <strong>of</strong> land and/or improvements for<br />

public park purposes.<br />

14. Impact Fees<br />

The Developer or subdivider shall pay all fees due on the project in accordance with the related<br />

ordinances.<br />

15. Electrical and Communication Utilities (Z99-55; Ordinance <strong>No</strong>. 99-11-<strong>19</strong>)<br />

All electrical and communication utilities, including but not limited to electrical<br />

distribution with less than sixty-thousand (60,000) volts and communication utilities<br />

shall be installed underground along all thoroughfares and alleys prior to final<br />

acceptance by the <strong>City</strong>, unless otherwise approved by the <strong>City</strong> Engineer. Electrical<br />

and communication utility service to non-residential properties from overhead<br />

distribution lines shall be installed underground from the rights-<strong>of</strong>-way to the point <strong>of</strong><br />

service.<br />

16. Thoroughfare Screening (Z99-15; Ordinance <strong>No</strong>. 00-06-18)<br />

Screening Requirements - Screening is required for all Single-Family, Two-Family,<br />

and Townhome lots and subdivisions as follows:<br />

• the rear <strong>of</strong> all lots that back to a street with right-<strong>of</strong>-way <strong>of</strong> sixty feet (60') or<br />

greater;<br />

• the side <strong>of</strong> all lots that side to a street with right-<strong>of</strong>-way greater than sixty feet<br />

(60 1), unless a lot sides to a median divided entry street to a subdivision;<br />

• between any street and an adjoining parallel alley or street; and<br />

• the rear and/or side <strong>of</strong> all lots adjacent to a lot containing required screening<br />

along the adjoining rear and/or side yard.<br />

Lots are prohibited from backing to a street with a right-<strong>of</strong>-way <strong>of</strong> less than sixty feet<br />

(60'). All required screening shall be installed in accordance with Section<br />

7.09(16)(A), Section 7.09(16)(B), Section 7.09(16)(C), and Section 7.09(16)(D) <strong>of</strong><br />

7-20


the Subdivision Regulation Ordinance <strong>No</strong>. <strong>94</strong>-<strong>08</strong>-<strong>19</strong>, as it currently exists or may be<br />

amended.<br />

Screening Plans - A conceptual screening detail shall be submitted for review and<br />

approval with the preliminary plat. A screening plan, including entry features,<br />

showing elevations and materials is recommended to be submitted with the final plat<br />

and shall be submitted and approved prior to the filing <strong>of</strong> the final plat at the county.<br />

Screening walls and fences shall be designed in accordance with the <strong>City</strong>'s design<br />

standards. Structural elements shall be sealed by a licensed pr<strong>of</strong>essional engineer<br />

and approved by the <strong>City</strong>. All required screening shall be installed prior to <strong>City</strong><br />

issuance <strong>of</strong> Certificates <strong>of</strong> Occupancy for homes, excluding model homes. The<br />

developer may delay the installation <strong>of</strong> screening by providing surety to guarantee<br />

the installation <strong>of</strong> the required screening. Surety shall be defined as a bond, letter <strong>of</strong><br />

credit, or letter <strong>of</strong> financial guarantee from a financial institution. Required screening<br />

shall be installed within three (3) months from the date <strong>of</strong> <strong>City</strong> acceptance <strong>of</strong> public<br />

improvements. The <strong>City</strong> Engineer may increase the time to make the required<br />

screening installation, but the time shall not exceed one (1) year from the date <strong>of</strong><br />

<strong>City</strong> acceptance <strong>of</strong> public improvements.<br />

Landscape Plans - A landscape plan for landscaping required by the Subdivision<br />

Regulation Ordinance <strong>No</strong>. <strong>94</strong>-<strong>08</strong>-<strong>19</strong>, as it currently exists or may be amended, is<br />

recommended to be submitted with the final plat and shall be submitted and<br />

approved prior to the filing <strong>of</strong> the final plat at the county. A landscape plan shall be<br />

approved by the <strong>City</strong> for all proposed landscaping prior to planting. Landscape<br />

materials and installation shall be in accordance with Section 39.5 (Landscape<br />

Requirements) <strong>of</strong> Comprehensive Zoning Ordinance <strong>No</strong>. 93-07-11, as it currently<br />

exists or may be amended. All required landscaping shall be installed prior to <strong>City</strong><br />

issuance <strong>of</strong> Certificates <strong>of</strong> Occupancy for homes, excluding model homes. The<br />

developer may delay the installation <strong>of</strong> landscaping by providing surety to guarantee<br />

the installation <strong>of</strong> the required landscaping. Surety shall be defined as a bond, letter<br />

<strong>of</strong> credit, or letter <strong>of</strong> financial guarantee from a financial institution. Required<br />

landscaping shall be installed within three (3) months from the date <strong>of</strong> <strong>City</strong><br />

acceptance <strong>of</strong> public improvements. The <strong>City</strong> Engineer may increase the time to<br />

make the required screening installation, but the time shall not exceed one (1) year<br />

from the date <strong>of</strong> <strong>City</strong> acceptance <strong>of</strong> public improvements.<br />

A. Living Screen - This screening option shall be designed as follows:<br />

1. Additional R-O-W Requirements. Additional right-<strong>of</strong>-way shall be defined as<br />

right-<strong>of</strong>-way greater than that required by Section 7.10(a) <strong>of</strong> the Subdivision<br />

Regulation Ordinance <strong>No</strong>. <strong>94</strong>-<strong>08</strong>-<strong>19</strong>, as it currently exists or may be<br />

amended. Additional right-<strong>of</strong>-way shall be provided as follows and shall be<br />

shown on the plat as "right-<strong>of</strong>-way dedicated for landscaping and screening<br />

purposes only" to exclude franchise utilities from this area.<br />

a. An average <strong>of</strong> ten feet (10') <strong>of</strong> additional right-<strong>of</strong>-way shall be dedicated<br />

for lots that back or side to a street with a right-<strong>of</strong>-way width greater<br />

than eighty feet (80'). [See Exhibits #1, #2, and #3 <strong>of</strong> 7.09(16)<br />

attached hereto and incorporated herein for all purposes]<br />

b. An average <strong>of</strong> fifteen feet (15') <strong>of</strong> additional right-<strong>of</strong>-way shall be<br />

dedicated for lots backing to a street with a right-<strong>of</strong>-way width <strong>of</strong> sixty<br />

7-21


•<br />

feet (60') to eighty feet (80'). [See Exhibits #1, #2, and #3 <strong>of</strong> 7.09(16)<br />

attached hereto and incorporated herein for all purposes]<br />

2. Landscaping Requirements. Landscaping shall be provided as follows:<br />

a. A solid screen <strong>of</strong> shrubs shall be planted within the additional right-<strong>of</strong>way<br />

dedicated for landscaping purposes. Shrubs shall be spaced so as<br />

to provide a solid screen and to reach a minimum height <strong>of</strong> six feet (6')<br />

within two (2) growing seasons.<br />

b. Trees shall be planted within the additional right-<strong>of</strong>-way dedicated for<br />

landscaping. The total number <strong>of</strong> caliper inches <strong>of</strong> the trees shall equal<br />

or exceed one (1) caliper inch per ten (10) linear feet <strong>of</strong> frontage <strong>of</strong> the<br />

additional right-<strong>of</strong>-way. Minimum tree size shall be three (3) caliper<br />

inches. A single species <strong>of</strong> tree shall not exceed forty-five percent<br />

(45%) <strong>of</strong> the plantings. Trees shall be planted a minimum <strong>of</strong> four feet<br />

(4') from easements as determined by the <strong>City</strong>, curbs, utility lines,<br />

screening walls, fences, sidewalks, and alleys.<br />

c. Berms may be used subject to Engineering Department approval. The<br />

berms shall be placed outside <strong>of</strong> the required parkway, not to exceed a<br />

3:1 slope, and designed so as not to hinder maintenance by the <strong>City</strong>.<br />

Adequate information shall be provided on the landscape plan to indicate<br />

drainage patterns.<br />

3. Screening Wall and Fencing Requirements. Screening walls and fencing shall<br />

be provided as follows:<br />

a. A continuous ornamental metal fence or solid masonry wall with a<br />

minimum height <strong>of</strong> four feet (4') and a maximum height <strong>of</strong> eight feet<br />

(8'), as measured from the nearest alley edge or sidewalk grade, shall be<br />

constructed in accordance with <strong>City</strong> design standards within the<br />

additional right-<strong>of</strong>-way dedicated for landscaping purposes. The<br />

ornamental metal fence shall be constructed <strong>of</strong> solid-stock materials or<br />

tubular steel with a minimum <strong>of</strong> sixteen (16) gauge pickets and eleven<br />

(11) gauge posts.<br />

b. Where lots directly back or side to street right-<strong>of</strong>-way or additional right<strong>of</strong>-way<br />

for landscaping purposes, the lots shall be screened by a solid,<br />

masonry screening wall in accordance with <strong>City</strong> design standards. The<br />

wall shall be a minimum <strong>of</strong> six feet (6') and a maximum <strong>of</strong> eight feet (8')<br />

in height as measured from the nearest alley edge or sidewalk grade,<br />

whichever is higher. The maximum height <strong>of</strong> columns, including<br />

capstones, is nine feet (9').<br />

c. A five-foot (5') wall maintenance easement shall be provided on the plat<br />

for the residential lots adjacent to the screening wall.<br />

4. Irrigation Requirements. Irrigation shall be provided as follows:<br />

a. Irrigation lines shall be placed a minimum <strong>of</strong> two and one-half feet (2<br />

1/2 1 ) from the sidewalk. Reduction <strong>of</strong> this requirement is subject to<br />

review and approval by the <strong>City</strong> Engineer.<br />

7-22


. Trees and shrubs shall be irrigated by bubblier irrigation lines only.<br />

Other landscaping may be irrigated by spray irrigation. Separate valves<br />

shall be provided to turn <strong>of</strong>f the spray irrigation line during periods <strong>of</strong><br />

drought or water conservation.<br />

c. The main irrigation line, section lines and water valve for irrigation shall<br />

be placed a minimum <strong>of</strong> thirteen feet (13') from the back <strong>of</strong> the curb at<br />

major intersections to accommodate right turn lanes.<br />

d. The developer is responsible for installing the water meter. The<br />

Engineering Department shall approve the water meter size and<br />

placement. The water meter shall be accessible from the street.<br />

5. Maintenance Requirements.<br />

Prior to <strong>City</strong> acceptance <strong>of</strong> public improvements for the subdivision, the<br />

developer shall provide financial means to maintain required screening walls,<br />

fences, and landscaping. One <strong>of</strong> the following maintenance alternatives shall<br />

be selected and fulfilled by the developer, but the selection is subject to staff<br />

approval:<br />

a. Maintenance fees for screening walls and fences shall be paid to the <strong>City</strong><br />

by the developer. Maintenance fees shall be assessed based on the<br />

following variables:<br />

• Total construction cost <strong>of</strong> wall (including materials and labor)<br />

• Life <strong>of</strong> wall (in years as determined by a structural engineer)<br />

• Current interest rate <strong>of</strong> the financial institution used by the <strong>City</strong><br />

Maintenance fees for landscaping shall be paid to the <strong>City</strong> by the<br />

developer. Maintenance fees shall be assessed based on the following<br />

variables:<br />

• Total installation cost <strong>of</strong> landscaping (including materials and labor)<br />

• Life <strong>of</strong> landscaping (in years as determined by a landscape architect<br />

or arborist)<br />

• Current interest rate <strong>of</strong> the financial institution used by the <strong>City</strong><br />

All maintenance fees shall total an amount to recoup the total amount <strong>of</strong><br />

construction and installation costs over the life <strong>of</strong> the improvements.<br />

The maintenance fees shall be paid prior to <strong>City</strong> acceptance <strong>of</strong> public<br />

improvements.<br />

The developer shall also provide total maintenance for the required<br />

landscaping and irrigation system for a minimum <strong>of</strong> three (3) years from<br />

the date <strong>of</strong> <strong>City</strong> acceptance <strong>of</strong> public improvements or until ninetypercent<br />

(90%) <strong>of</strong> the lots within the subdivision are sold, whichever is<br />

greater (the "maintenance period"). At the end <strong>of</strong> the maintenance<br />

period, an inspection will be conducted by the <strong>City</strong>. All landscaping shall<br />

be in a healthy and growing condition, as determined by the <strong>City</strong>, when<br />

maintenance is transferred to the <strong>City</strong>. The <strong>City</strong> reserves the right to<br />

remove or require the removal <strong>of</strong> landscaping in excess <strong>of</strong> the<br />

7-23


landscaping required by the Subdivision Regulation Ordinance <strong>No</strong>. <strong>94</strong>-<strong>08</strong>-<br />

<strong>19</strong>, as it currently exists or may be amended (i.e. flower beds or other<br />

vegetation considered as high maintenance by the <strong>City</strong>); or<br />

b. Should a subdivision include usable open space totaling fifteen percent<br />

(15%) <strong>of</strong> the platted development, a developer shall be permitted to<br />

establish a homeowners association to maintain required screening walls,<br />

fences, and landscaping, rather than paying maintenance fees as set<br />

forth in Section 7.09(16)(A)(5)(a) above. The developer shall provide<br />

homeowners association documents to the <strong>City</strong> to demonstrate financial<br />

responsibility for future maintenance, repairs, and replacement <strong>of</strong> the<br />

required improvements. Documents establishing the homeowners<br />

association or property owners association shall be submitted to the <strong>City</strong><br />

for review by the <strong>City</strong> Attorney for conformance with this and other<br />

applicable ordinances prior , to final acceptance <strong>of</strong> the subdivision. The<br />

documents shall include, among other information required by the <strong>City</strong>,<br />

descriptions <strong>of</strong>:<br />

1. operating budgets based on operating assumptions;<br />

2. reserve budget based on facilities to be maintained;<br />

3. subsidies budget; and<br />

4. liability insurance.<br />

The homeowner association shall be responsible for maintaining,<br />

repairing, or replacing screening walls, fences, and landscaping required<br />

by the Subdivision Regulation Ordinance <strong>No</strong>. <strong>94</strong>-<strong>08</strong>-<strong>19</strong>, as it currently<br />

exists or may be amended.<br />

c. Subject to the discretion and approval <strong>of</strong> the <strong>City</strong> Attorney and <strong>City</strong><br />

Council, a Public Improvement District (PID) may also be utilized to<br />

maintain landscaping improvements.<br />

B. Solid Masonry Wall with Ornamental Metal Fencing and Landscaping - This<br />

screening option shall be designed as follows:<br />

1. Additional R-O-W Requirements. Additional right-<strong>of</strong>-way shall be defined as<br />

right-<strong>of</strong>-way greater than that required by Section 7.10(a) <strong>of</strong> the Subdivision<br />

Regulation Ordinance <strong>No</strong>. <strong>94</strong>-<strong>08</strong>-<strong>19</strong>, as it currently exists or may be<br />

amended. Additional right-<strong>of</strong>-way shall be provided as follows and shall be<br />

shown on the plat as "right-<strong>of</strong>-way dedicated for landscaping and screening<br />

purposes only" to exclude franchise utilities from this area.<br />

a. An average <strong>of</strong> ten feet (10') <strong>of</strong> additional right-<strong>of</strong>-way shall be dedicated<br />

for lots that back or side to a street with a right-<strong>of</strong>-way width <strong>of</strong> greater<br />

than eighty feet (80'). [See Exhibits #1, #2, and #3 <strong>of</strong> 7.09(16) attached<br />

hereto and incorporated herein for all purposes]<br />

b. An average <strong>of</strong> fifteen feet (15') <strong>of</strong> additional right-<strong>of</strong>-way shall be<br />

dedicated for lots backing to a street with a right-<strong>of</strong>-way width <strong>of</strong> sixty<br />

feet (60') to eighty feet (80'). [See Exhibits #1, #2, and #3 <strong>of</strong> 7.09(16)<br />

attached hereto and incorporated herein for all purposes]<br />

2. Landscaping Requirements. Landscaping shall be provided as follows:<br />

7-24


•<br />

a. Trees shall be planted within the additional right-<strong>of</strong>-way dedicated for<br />

landscaping. The total number <strong>of</strong> caliper inches <strong>of</strong> the trees shall equal<br />

or exceed one (1) caliper inch per ten (10) linear feet <strong>of</strong> frontage <strong>of</strong> the<br />

additional right-<strong>of</strong>-way. Minimum tree size shall be three (3) caliper<br />

inches. A single species <strong>of</strong> tree shall not exceed forty-five percent<br />

(45%) <strong>of</strong> the plantings. Trees shall be planted a minimum <strong>of</strong> four feet<br />

(4') from easements as determined by the <strong>City</strong>, curbs, utility lines,<br />

screening walls, fences, sidewalks, and alleys.<br />

b. Where ornamental metal fencing is constructed, a solid screen <strong>of</strong> shrubs<br />

shall be planted within the additional right-<strong>of</strong>-way dedicated for<br />

landscaping purposes. Shrubs shall be spaced so as to provide a solid<br />

screen and to reach a minimum height <strong>of</strong> six feet (6') within two (2)<br />

growing seasons.<br />

c. Berms may be used subject to Engineering Department approval. The<br />

berms shall be placed outside <strong>of</strong> the required parkway, not to exceed a<br />

3:1 slope, and designed so as not to hinder maintenance by the <strong>City</strong>.<br />

Adequate information shall be provided on the landscape plan to indicate<br />

drainage patterns.<br />

3. Screening Wall and Fencing Requirements. Screening walls and fencing shall<br />

be provided as follows:<br />

a. Where lots directly back or side to street right-<strong>of</strong>-way or additional right<strong>of</strong>-way<br />

for landscaping purposes, the lots shall be screened by a solid,<br />

masonry screening wall in accordance with <strong>City</strong> design standards. The<br />

wall shall be a minimum <strong>of</strong> six feet (6') and a maximum <strong>of</strong> eight feet (8')<br />

in height as measured from the nearest alley edge or sidewalk grade,<br />

whichever is higher. The maximum height <strong>of</strong> columns, including<br />

capstones, is nine feet (9').<br />

b. Where lots are separated from street right-<strong>of</strong>-way or additional right-<strong>of</strong>way<br />

for landscaping purposes by an alley, the lots shall be screened by<br />

either:<br />

1. a solid masonry wall as described in Section 7.09(16)(B)(3)(a) <strong>of</strong> the<br />

Subdivision Regulation Ordinance <strong>No</strong>. <strong>94</strong>-<strong>08</strong>-<strong>19</strong>, as it currently exists<br />

or may be amended; or<br />

2. an ornamental metal fence with a minimum height <strong>of</strong> six feet (6'),<br />

not to exceed eight feet (8') in height. The ornamental metal fence<br />

shall be constructed <strong>of</strong> solid-stock materials or tubular steel with a<br />

minimum <strong>of</strong> sixteen (16) gauge pickets and eleven (11) gauge posts.<br />

c. The screening wall and/or fence shall be located along the edge <strong>of</strong> the<br />

right-<strong>of</strong>-way dedicated for landscaping purposes adjacent to the lot or<br />

alley right-<strong>of</strong>-way.<br />

d. The area between the alley and the screening wall or fence shall be<br />

paved with concrete, unless approved by the Planning Department and<br />

Engineering Department.<br />

7-25


e. A five-foot (5') wall maintenance easement shall be provided on the final<br />

plat for the residential lots adjacent to the screening wall.<br />

4. Irrigation Requirements. Irrigation shall be provided as follows:<br />

a. Irrigation lines shall be placed a minimum <strong>of</strong> two and one-half feet (2<br />

1/2 1 ) from the sidewalk. Reduction <strong>of</strong> this requirement is subject to<br />

review and approval by the <strong>City</strong> Engineer.<br />

b. Trees and shrubs shall be irrigated by bubblier irrigation lines only.<br />

Other landscaping may be irrigated by spray irrigation. Separate valves<br />

shall be provided to turn <strong>of</strong>f the spray irrigation line during periods <strong>of</strong><br />

drought or water conservation.<br />

c. The main irrigation line, section lines and water valve for irrigation shall<br />

be placed a minimum <strong>of</strong> thirteen feet (13') from the back <strong>of</strong> the curb at<br />

major intersections to accommodate right turn lanes.<br />

d. The developer is responsible for installing the water meter. The<br />

Engineering Department shall approve the water meter size and<br />

placement. The water meter shall be accessible from the street.<br />

5. Maintenance Requirements.<br />

Prior to <strong>City</strong> acceptance <strong>of</strong> public improvements for the subdivision, the<br />

developer shall provide financial means to maintain required screening walls,<br />

fences, and landscaping. One <strong>of</strong> the following maintenance alternatives shall<br />

be selected and fulfilled by the developer, but the selection is subject to staff<br />

approval:<br />

a. Maintenance fees for screening walls and fences shall be paid to the <strong>City</strong><br />

by the developer. Maintenance fees shall be assessed based on the<br />

following variables:<br />

• Total construction cost <strong>of</strong> wall (including materials and labor)<br />

• Life <strong>of</strong> wall (in years as determined by a structural engineer)<br />

• Current interest rate <strong>of</strong> the financial institution used by the <strong>City</strong><br />

Maintenance fees for landscaping shall be paid to the <strong>City</strong> by the<br />

developer. Maintenance fees shall be assessed based on the following<br />

variables:<br />

• Total installation cost <strong>of</strong> landscaping (including materials and labor)<br />

• Life <strong>of</strong> landscaping (in years as determined by a landscape architect<br />

or arborist)<br />

• Current interest rate <strong>of</strong> the financial institution used by the <strong>City</strong><br />

All maintenance fees shall total an amount to recoup the total amount <strong>of</strong><br />

construction and installation costs over the life <strong>of</strong> the improvements.<br />

The maintenance fees shall be paid prior to <strong>City</strong> acceptance <strong>of</strong> public<br />

improvements.<br />

7-26


The developer shall also provide total maintenance for the required<br />

landscaping and irrigation system for a minimum <strong>of</strong> three (3) years from<br />

the date <strong>of</strong> <strong>City</strong> acceptance <strong>of</strong> public improvements or until ninety<br />

percent (90%) <strong>of</strong> the lots within the subdivision are sold, whichever is<br />

greater (the "maintenance period"). At the end <strong>of</strong> the maintenance<br />

period, ah inspection will be conducted by the <strong>City</strong>. All landscaping shall<br />

be in a healthy and growing condition, as determined by the <strong>City</strong>, when<br />

maintenance is transferred to the <strong>City</strong>. The <strong>City</strong> reserves the right to<br />

remove or require the removal <strong>of</strong> landscaping in excess <strong>of</strong> the<br />

landscaping required by the Subdivision Regulation Ordinance <strong>No</strong>. <strong>94</strong>-<strong>08</strong>-<br />

<strong>19</strong>, as it currently exists or may be amended (i.e. flower beds or other<br />

vegetation considered as high maintenance by the <strong>City</strong>); or<br />

b. Should a subdivision include usable open space totaling fifteen percent<br />

(15%) <strong>of</strong> the platted development, a developer shall be permitted to<br />

establish a homeowners association to maintain required screening walls,<br />

fences, and landscaping, rather than paying maintenance fees as set<br />

forth in Section 7.09(16)(B)(5)(a) above. The developer shall provide<br />

homeowners association documents to the <strong>City</strong> to demonstrate financial<br />

responsibility for future maintenance, repairs, and replacement <strong>of</strong> the<br />

required improvenients. Documents establishing the homeowners<br />

association or property owners association shall be submitted to the <strong>City</strong><br />

for review by the <strong>City</strong> Attorney for conformance with this and other<br />

applicable ordinances prior to final acceptance <strong>of</strong> the subdivision. The<br />

documents shall include, among other information as required by the<br />

<strong>City</strong>, descriptions <strong>of</strong>:<br />

1. operating budgets based on operating assumptions;<br />

2. reserve budget based on facilities to be maintained;<br />

3. subsidies budget; and<br />

4. liability insurance.<br />

The homeowner association shall be responsible for maintaining,<br />

repairing, and/or replacing screening walls, fences, and landscaping<br />

required by the Subdivision Regulation Ordinance <strong>No</strong>. <strong>94</strong>-<strong>08</strong>-<strong>19</strong>, as it<br />

currently exists or may be amended.<br />

c. Subject to the discretion and approval <strong>of</strong> the <strong>City</strong> Attorney and <strong>City</strong><br />

Council, a Public Improvement District (PID) may also be utilized to<br />

maintain landscaping improvements.<br />

C. Berming and Landscaping. - This screening option shall be designed as follows:<br />

1. Additional R-O-W Reauirements. Additional right-<strong>of</strong>-way shall be defined as<br />

right-<strong>of</strong>-way greater than that required by Section 7.10(a) <strong>of</strong> the Subdivision<br />

Regulation Ordinance <strong>No</strong>. <strong>94</strong>-<strong>08</strong>-<strong>19</strong>, as it currently exists or may be<br />

amended. Additional right-<strong>of</strong>-way shall be provided as follows and shall be<br />

shown on the plat as "right-<strong>of</strong>-way dedicated for landscaping purposes only"<br />

to exclude franchise utilities from this area.<br />

Twenty-five feet (25') <strong>of</strong> additional right-<strong>of</strong>-way shall be dedicated for lots<br />

that back or side to a street with a right-<strong>of</strong>-way width <strong>of</strong> sixty feet (60') or<br />

greater.<br />

7-27


•<br />

2. Landscaping Requirements. Landscaping shall be provided as follows:<br />

a. A minimum <strong>of</strong> ten (10) shrubs per forty (40) linear feet shall be planted<br />

within the additional right-<strong>of</strong>-way dedicated for landscaping purposes.<br />

Shrubs shall be a minimum size <strong>of</strong> five (5) gallons. The shrubs shall<br />

generally be placed between berms to provide additional separation<br />

between the thoroughfare and the adjacent homes or alleys.<br />

b. Trees shall be planted within the additional right-<strong>of</strong>-way dedicated for<br />

landscaping. The total number <strong>of</strong> caliper inches <strong>of</strong> the trees shall equal<br />

or exceed one (1) caliper inch per ten (10) linear feet <strong>of</strong> frontage <strong>of</strong> the<br />

additional right-<strong>of</strong>-way. Minimum tree size shall be three (3) caliper<br />

inches. A single species <strong>of</strong> tree shall not exceed forty-five percent<br />

(45%) <strong>of</strong> the plantings. Trees shall be planted a minimum <strong>of</strong> four feet<br />

(4') from easements as determined by the <strong>City</strong>, curbs, utility lines,<br />

screening walls, fences, sidewalks, and alleys.<br />

c. Berms with a 3:1 slope shall be constructed within the additional right<strong>of</strong>-way<br />

for landscaping and screening purposes. Adequate information<br />

shall be provided on the landscape plan to indicate drainage patterns.<br />

3. Screening Wall and Fencing Requirements. <strong>No</strong> screening walls or fences are<br />

required with this screening option.<br />

4. Irrination Requirements. Irrigation shall be provided as follows:<br />

a. Irrigation lines shall be placed a minimum <strong>of</strong> two and one-half feet (2<br />

1/2') from the sidewalk. Reduction <strong>of</strong> this requirement is subject to<br />

review and approval by the <strong>City</strong> Engineer.<br />

b. Trees and shrubs shall be irrigated by bubblier irrigation lines only.<br />

Other landscaping may be irrigated by spray irrigation. Separate valves<br />

shall be provided to turn <strong>of</strong>f the spray irrigation line during periods <strong>of</strong><br />

drought or water conservation.<br />

c. The main irrigation line, section lines and water valve for irrigation shall<br />

be placed a minimum <strong>of</strong> thirteen feet (13') from the back <strong>of</strong> the curb at<br />

major intersections to accommodate right turn lanes.<br />

d. The developer is responsible for installing the water meter. The<br />

Engineering Department shall approve the water meter size and<br />

placement. The water meter shall be accessible from the street.<br />

5. Maintenance Requirements.<br />

<strong>No</strong> maintenance fees or homeowners association is required, but the developer<br />

shall provide total maintenance for the required landscaping and irrigation<br />

system for a minimum <strong>of</strong> three (3) years from the date <strong>of</strong> <strong>City</strong> acceptance <strong>of</strong><br />

public improvements or until ninety percent (90%) <strong>of</strong> the lots within the<br />

subdivision are sold, whichever is greater (the "maintenance period"). At the<br />

end <strong>of</strong> the maintenance period, an inspection will be conducted by the <strong>City</strong>. All<br />

landscaping shall be in a healthy and growing condition, as determined by the<br />

7-28


•••<br />

<strong>City</strong>, when maintenance is transferred to the <strong>City</strong>. The <strong>City</strong> reserves the right to<br />

remove or require the removal <strong>of</strong> landscaping in excess <strong>of</strong> the landscaping<br />

required by the Subdivision Regulation Ordinance <strong>No</strong>. <strong>94</strong>-<strong>08</strong>-<strong>19</strong>, as it currently<br />

exists or may be amended (i.e. flower beds or 'other vegetation considered as<br />

high maintenance by the <strong>City</strong>).<br />

D. Landscaping and Fencing for Cul-de-sacs<br />

1. Landscaping Requirements. Where cul-de-sacs are located adjacent to a<br />

street right-<strong>of</strong>-way such that the cul-de-sac lot(s) side to an adjacent street,<br />

the developer shall install landscaping within the side yard <strong>of</strong> the lot(s)<br />

abutting the street as follows:<br />

a. Three-inch (3 1') caliper trees shall be planted twenty-five feet (25') oncenter<br />

(or a total <strong>of</strong> seven (7) trees) within the area seventy-five feet<br />

(75') in both directions from the projected centerline <strong>of</strong> the cul-de-sac.<br />

[See Exhibit #4 <strong>of</strong> 7.09(16) attached hereto and incorporated herein for<br />

all purposes] If trees are required for screening along the adjacent<br />

street, the trees shall be credited towards the number <strong>of</strong> trees required<br />

for screening <strong>of</strong> the adjacent street. The trees shall not count towards -<br />

the number <strong>of</strong> trees required by the Comprehensive Zoning Ordinance<br />

<strong>No</strong>. 93-07-11, as it currently exists or may be amended, for residential<br />

lots.<br />

b. Shrubs shall be three feet (3') in height and planted ten feet (10') oncenter<br />

within the same area for the trees. A solid living screen is not<br />

required.<br />

c. The developer shall provide total maintenance for the landscaping for a<br />

minimum <strong>of</strong> three (3) years, or until the houses on the affected lots are<br />

sold for occupancy (the "maintenance period"). At the end <strong>of</strong> the<br />

maintenance period, an inspection will be conducted by the <strong>City</strong>. All<br />

landscaping shall be in a healthy and growing condition, as determined<br />

by the <strong>City</strong>, when maintenance is transferred to the <strong>City</strong>. The <strong>City</strong><br />

reserves the right to remove or require the removal <strong>of</strong> landscaping in<br />

excess <strong>of</strong> the landscaping required by the Subdivision Regulation<br />

Ordinance <strong>No</strong>. <strong>94</strong>-<strong>08</strong>-<strong>19</strong>, as it currently exists or may be amended (i.e.<br />

flower beds or other vegetation considered as high maintenance by the<br />

<strong>City</strong>).<br />

2. Screening Wall and Fencing Requirements. Where cul-de-sacs are located<br />

adjacent to a street right-<strong>of</strong>-way such that the cul-de-sac lot(s) side to an<br />

adjacent street, the developer shall install fencing as follows:<br />

a. <strong>No</strong> screening wall is required when a cul-de-sac lot sides to an adjacent<br />

street.<br />

b. When a cul-de-sac abuts and cul-de-sac lots side to a street with a right<strong>of</strong>-way<br />

width <strong>of</strong> sixty (60) feet or greater, an ornamental metal fence <strong>of</strong><br />

four feet (4') to eight feet (8') in height shall be constructed on the right<strong>of</strong>-way<br />

line <strong>of</strong> the adjacent street. The fence height shall not exceed the<br />

height <strong>of</strong> a connecting screening wall. A sidewalk shall be constructed to<br />

conned the sidewalk along the cul-de-sac to the sidewalk along the<br />

7-29


Exhibit #1 for 7.09 (15)<br />

Single-Family Lots<br />

Property Line and Screening Wall<br />

10 - 15 Feet <strong>of</strong> R-O-W Dedication for Landscaping Purposes<br />

R-O-W for Utility Placement<br />

Collector or Major Thoroughfare<br />

Curb Line


Exhibit #2 for 7.09 (15)<br />

I<br />

Single-Family Lots<br />

Property Line and Screening Wall<br />

i<br />

R-O-W Dedication for Landscaping Purposes to average 10 - 15 Feet<br />

R-O-W for Utility Placement<br />

Collector or Major Thoroughfare<br />

Curb Line<br />

•<br />


-.4<br />

Exhibit #3 or 7.09 (15)<br />

Single-Family Lots<br />

Property Line and Screening Wall<br />

4-<br />

R-0 -W Dedication for Landscaping Purposes to average 10 - 15 Feet<br />

R-O-W for Utility Placement<br />

Collector or Major Thoroughfare<br />

Curb Line


Property Line and Ornamental Metal Fence<br />

wasasinsaparzignINWPS•as.-ico<br />

•<br />

Exhibit #4 for 7.09 (15)<br />

150 Feet<br />

Single-Family Lots<br />

10 -15 Feet <strong>of</strong> R-O-W Dedication for Landscaping Purposes<br />

with Trees 25 feet o.c.<br />

R-O-W for Utility Placement<br />

Collector or Major Thoroughfare<br />

Curb Line .=


c. adjacent street. An opening shall be provided in the fence to allow the<br />

sidewalk connection.<br />

7.10 PARTICIPATION OF THE CITY IN IMPROVEMENTS<br />

The <strong>City</strong> shall not be required to participate in the cost <strong>of</strong> any improvements where such<br />

improvements required by this ordinance are outside the Corporate Limits <strong>of</strong> the <strong>City</strong>.<br />

a. Right-<strong>of</strong>-Way<br />

The subdivider shall dedicate right-<strong>of</strong>-way for streets in accordance with the requirements<br />

set forth in Section 7.02.<br />

b. Paving<br />

1) The subdivider shall pave all residential and collector streets up to forty-one feet (41') in<br />

width or two (2) twenty-five foot (25') lanes for a divided roadway in accordance with<br />

<strong>City</strong> Specifications. Paving beyond forty-one feet (41') in width or two (2) twenty-five<br />

foot (25') lanes may be the responsibility <strong>of</strong> the <strong>City</strong>, County, or State.<br />

2) All underground utility lines shall be installed prior to paving.<br />

3) All excess excavated material from dedicated streets and alleys not used in the<br />

development <strong>of</strong> the land being platted shall be removed from the site and deposited at<br />

disposal sites designated by the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong>. All disposal must be in conformance<br />

with all local, state, and federal regulations.<br />

2. Curbs and Gutters<br />

Curbs and gutters shall be provided by the subdivider.<br />

3. Sidewalks<br />

Sidewalks shall be provided by the subdivider.<br />

4. Water<br />

Where the <strong>City</strong> requires larger than 12 inch water mains and branches than are necessary to<br />

serve the subdivision in order to provide for future development, the subdivider may be entitled<br />

to participating aid from the <strong>City</strong>, in accordance to current policy, and availability <strong>of</strong> current<br />

funds.<br />

5. Sanitary Sewers<br />

Where the <strong>City</strong> requires larger than 15 inch sewer lines than are necessary to serve the<br />

subdivision in order to provide for future development, the subdivider may be entitled to<br />

participating aid from the <strong>City</strong>, in accordance to current policy and availability <strong>of</strong> funds.<br />

6. Storm Drainage<br />

a. The developer is required to provide adequate drainage facilities for drainage calculations<br />

which reflect land uses as presented on the future land use plan.<br />

b. Where the <strong>City</strong> does not participate in storm drainage improvements and the cost <strong>of</strong><br />

necessary storm drainage construction is prohibitive for the subdivider to bear, all areas<br />

affected by such drainage may be omitted from the development.<br />

7-34


c. Drainage calculations will reflect land uses as presented on the future land use plan.<br />

7. Monuments<br />

Monuments shall be provided by the Subdivider.<br />

8. Lot Markers<br />

Lot markers shall be provided by the Subdivider.<br />

9. Street Name Skins and Traffic Signs<br />

Street name signs shall be installed by the <strong>City</strong> and paid for by the developer. All traffic signs<br />

shall be installed by the developer.<br />

10. Street Lights<br />

Street lights shall be provided by the Subdivider.<br />

11. Public Parks and Open Space<br />

Public parks and open space shall be provided by the Subdivider in the manner set forth in<br />

Section 6.01 herein.<br />

12. Pro-Rata<br />

Where water, sanitary sewer, street name signs, traffic signs, street lighting and parks and<br />

open space are subject to a pro-rata payment or a capital impact fee payment prior to final plat<br />

approval, such payment shall be considered the subdivider's payment in full for such<br />

improvement, providing the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong> has adequate funds, after the payment <strong>of</strong> such prorata<br />

charges, to construct the required improvements. In the event that such pro-rata<br />

payment does not provide sufficient funds to construct the required improvements and the <strong>City</strong><br />

<strong>of</strong> <strong>Frisco</strong> does not have sufficient additional funds to complete the construction <strong>of</strong> said required<br />

improvements, then the subdivider shall provide funds required to pay the total cost <strong>of</strong><br />

constructing the said required improvements.<br />

13. Building Permits<br />

7.11 RESERVATIONS<br />

<strong>No</strong> Building Permits shall be issued until all improvements have been accepted by <strong>City</strong> Council,<br />

unless otherwise authorized by the <strong>City</strong> Council.<br />

1. Permitted Purposes<br />

<strong>No</strong> land contained in the proposed subdivision shall be reserved for any use other than a use<br />

permitted by the Zoning Ordinance for the district in which the land to be reserved is located.<br />

2. Designation on Plat<br />

The specific use for which each piece <strong>of</strong> land is to be reserved must be shown by appropriate<br />

label or description on the subdivision plat. Provision for future abandonment <strong>of</strong> a reservation<br />

as may be appropriate must likewise be shown on said plat.<br />

7-35


3. Parks and Playgrounds<br />

The location and size <strong>of</strong> parks and playgrounds shall be in accordance with <strong>City</strong> Policy.<br />

4. Schools<br />

7.12 VARIANCES<br />

The location and size <strong>of</strong> school sites shall be in accordance with <strong>City</strong> Policy and with the<br />

requirements <strong>of</strong> the School District.<br />

The <strong>City</strong> Council, after a recommendation by the Planning and Zoning Commission, may authorize a<br />

variance or waiver to provisions <strong>of</strong> these regulations only when in its opinion, undue hardship will<br />

result from strict compliance to the regulations. The Council shall take into account the nature <strong>of</strong><br />

the proposed land use involved and existing uses <strong>of</strong> the land in the vicinity, the number <strong>of</strong> persons<br />

who will reside or work in the proposed subdivision, and the effect <strong>of</strong> such variance or waiver upon<br />

traffic conditions and upon the public health, safety, convenience and welfare in the vicinity.<br />

A. <strong>No</strong> variance or waiver shall be granted unless the Council finds:<br />

1. That there are special circumstances or conditions affecting the land involved or other<br />

constraints such that the strict application <strong>of</strong> the provisions <strong>of</strong> this ordinance would deprive<br />

the applicant <strong>of</strong> the reasonable use <strong>of</strong> his or her land; and<br />

2. That the variance or waiver is necessary for the preservation and enjoyment <strong>of</strong> a<br />

substantial property right <strong>of</strong> the applicant, and that the granting <strong>of</strong> the variance or waiver<br />

will not be detrimental to the public health, safety or welfare or injurious to other property<br />

in the area; and<br />

3. That the granting <strong>of</strong> the variance or waiver will not have the effect <strong>of</strong> preventing the<br />

orderly subdivision <strong>of</strong> other lands in the area in accordance with the provisions <strong>of</strong> this<br />

ordinance.<br />

B. Variances and waivers may be granted only when in harmony with the general purpose and<br />

intent <strong>of</strong> this ordinance so that the public health, safety, and welfare may be secured and<br />

substantial justice done. Financial hardship to the subdivider, standing alone, shall not be<br />

deemed to constitute undue hardship.<br />

C. The Council shall not authorize a variance or waiver that would constitute a violation <strong>of</strong>, or •<br />

conflict with, any other valid ordinance or Comprehensive Plan <strong>of</strong> the <strong>City</strong>.<br />

D. A variance or waiver may be applied for as part <strong>of</strong> a plat or replat request or as a separate<br />

request if the property is already platted. The applicant shall be responsible for providing all<br />

necessary information pertinent to the request, including the justification for such variance or<br />

waiver.<br />

7.13 INSPECTION OF CONSTRUCTION<br />

The <strong>City</strong> shall inspect all phases <strong>of</strong> the construction <strong>of</strong> improvements for subdivision. The<br />

subdivider, or his contractor, shall maintain daily contact with the Director <strong>of</strong> <strong>City</strong> Services, or his<br />

representative, during construction <strong>of</strong> improvements.<br />

7-36


<strong>No</strong> sanitary sewer, water, or storm sewer pipe shall be covered without approval <strong>of</strong> the Director <strong>of</strong><br />

<strong>City</strong> Services, or his representative. <strong>No</strong> concrete shall be poured for streets, structures, or curbs<br />

and gutters without said approval. <strong>No</strong> flexible base material shall be placed on the street subgrade,<br />

or asphaltic surface applied to the flexible base <strong>of</strong> a street without said approval. All inspection fees<br />

to be paid by the developer and/or the contractor are covered under Ordinance <strong>No</strong>. 93-04-05.<br />

After completion <strong>of</strong> all improvements, franchise utilities, grading, and erosion control, the <strong>City</strong><br />

Engineer, Director <strong>of</strong> <strong>City</strong> Services, Chief Building Inspector, and other designated representatives<br />

will perform a final inspection before recommending acceptance by the <strong>City</strong> Council.<br />

7.14 PENALTY<br />

Any person violating this Ordinance or any portion there<strong>of</strong> shall upon conviction be guilty <strong>of</strong> a<br />

misdemeanor and shall be fined any sum not exceeding $ 1,000 and each day that such violation<br />

continues shall be considered a separate <strong>of</strong>fense and punishable accordingly.<br />

7.15 APPEAL (Z99-14; Ordinance <strong>No</strong>. 99-09-25)<br />

a. An appeal for relief from the regulations set forth in Section 7.<strong>08</strong> may be made to and<br />

shall be considered by the <strong>City</strong> Council.<br />

b. Any appeal must be submitted in writing to the <strong>City</strong> Council with submission <strong>of</strong> a<br />

preliminary plat. The appeal, at a minimum, shall specifically.identify the regulation<br />

complained <strong>of</strong>, the relief requested, and the evidence to support the relief requested.<br />

c. The owner/applicant has the burden <strong>of</strong> pro<strong>of</strong> to establish by clear and convincing<br />

evidence that a proposed regulation set forth in Section 7.<strong>08</strong> does not meet<br />

constitutional guarantees and/or statutory requirements.<br />

d. If the owner/applicant meets its burden <strong>of</strong> pro<strong>of</strong>, the <strong>City</strong> Council shall have the right to<br />

grant relief from the regulations set forth in Section 7.<strong>08</strong>.<br />

7-37


SECTION 8<br />

FILING FEES AND CHARGES<br />

8.01 The following schedule <strong>of</strong> fees and charges shall be paid to the <strong>City</strong> when any plat is<br />

tendered to the Planning and Zoning Commission, <strong>City</strong> Council, or any other authorized<br />

board or agency <strong>of</strong> the <strong>City</strong>. Each <strong>of</strong> the fees and charges provided herein shall be paid in<br />

advance, and no action <strong>of</strong> the Commission, the <strong>City</strong> Council or any other board or agency<br />

shall be valid until the fee or fees shall have been paid to the <strong>of</strong>ficer designated therein.<br />

8.02 The <strong>City</strong> Manager, his deputies or assistants, shall calculate the fees and charges, in<br />

accordance with the following schedule.<br />

1. All fees shall be established by the Fee Ordinance as it exists or as may be amended.<br />

2. In the event <strong>of</strong> a replat, the subdivider shall reimburse the <strong>City</strong> for all costs incurred in<br />

the process <strong>of</strong> carrying out all replatting requirements.<br />

3. These fees shall be charges on all plats, regardless <strong>of</strong> the action taken by the Planning<br />

and Zoning Commission and the <strong>City</strong> Council, and whether the plat is approved or .<br />

denied.<br />

4. The subdivider shall cause a check to be made payable to the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong> to cover all<br />

recording fees involved in finishing the platting process and have this delivered to the<br />

<strong>City</strong> Secretary prior to the submission for approval.<br />

8-1


SECTION 9<br />

MAINTENANCE BOND<br />

9.01. In the event a subdivider develops independently <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Frisco</strong> furnishing<br />

engineering and inspection <strong>of</strong> required improvements, the subdivider shall furnish a good<br />

and sufficient maintenance bond with a reputable and solvent corporate surety registered<br />

with the State <strong>of</strong> Texas, in favor <strong>of</strong> the <strong>City</strong>, to indemnify the <strong>City</strong> against any repairs which<br />

may become necessary to any part <strong>of</strong> the construction work performed in connection with<br />

the subdivision, arising from defective workmanship or materials used therein, for a full<br />

period <strong>of</strong> one (1) year from the date <strong>of</strong> final acceptance <strong>of</strong> the entire project. The bond<br />

shall be a minimum <strong>of</strong> ten percent (10%) <strong>of</strong> the value <strong>of</strong> the work constructed. Final<br />

acceptance will be withheld until said maintenance bond is furnished to the <strong>City</strong> Attorney<br />

for approval. When the bond has been examined and approved, the <strong>City</strong> Attorney shall<br />

furnish the <strong>City</strong> Council with a written certification that the maintenance bond is valid and<br />

enforceable, as provided by law and further, no permits shall be issued by the Building<br />

Inspector <strong>of</strong> the <strong>City</strong> on any piece <strong>of</strong> property other than an original or a re-subdivided lot<br />

in a duly approved and recorded subdivision or as provided for under Section 6.07.<br />

SECTION 10<br />

CONFLICT WITH OTHER ORDINANCES<br />

10.01 Whenever the standards and specifications in this ordinance conflict with those contained in<br />

another ordinance, the most stringent or restrictive provision shall govern.<br />

SECTION 11<br />

SAVING CLAUSE<br />

11.01 If any section, subsection, sentence, clause, or phrase <strong>of</strong> this Ordinance is for any reason<br />

held to be unconstitutional, void or invalid, the validity <strong>of</strong> the remaining portions <strong>of</strong> this<br />

Ordinance shall not be affected thereby, it being the intent <strong>of</strong> the <strong>City</strong> Council in adopting<br />

this Ordinance that no portion there<strong>of</strong>, or provision or regulation contained herein shall not<br />

become inoperative or fail by reason <strong>of</strong> the unconstitutionality or invalidity <strong>of</strong> any section,<br />

subsection, sentence, clause, phrase, or provision <strong>of</strong> this Ordinance.<br />

SECTION 12<br />

EFFECTIVE DATE<br />

12.01 This Ordinance shall become effective on the 26 th day <strong>of</strong> August, <strong>19</strong><strong>94</strong><br />

9-1


:3.01<br />

SECTION<br />

REPEAL -ft APPROVAL<br />

Orainance. <strong>No</strong>. 34—t.-8. passed by the Cry <strong>of</strong> Fr.sce :a the :list Lay if Febraar!. <strong>19</strong>84. is her:ay :e.oeale^<br />

<strong>of</strong> the effective dace <strong>of</strong> tars Orctizance. as provided in Scion II here<strong>of</strong>.<br />

Ordinance <strong>No</strong>. <strong>94</strong>-<strong>08</strong>49 approved by a inajoricy vote :'the Cry C.:uncti <strong>of</strong> the <strong>City</strong> or <strong>Frisco</strong>. Texas. on this the -<br />

th day <strong>of</strong> August, :9<strong>94</strong>.<br />

.(2/ , A -<br />

Mayor<br />

AZECSC<br />

Cry Secreca&<br />

Ojit,.:Jsy„t.<br />

\<br />

n ,<br />

9-2<br />


ORDINANCE -<strong>08</strong>-I9 SUBDIVISION REGULATIONS<br />

To: <strong>Frisco</strong> Enterprise<br />

Publication<br />

Date: 8-15-<strong>94</strong><br />

Please publish the attached:<br />

CITY OF FRISCO<br />

P.O. DRAWER 1100<br />

FRISCO, TEXAS 75034<br />

(214) 335-5551<br />

REQUEST FOR PUBLICATION<br />

One (1) time only in the next available edition <strong>of</strong> your publication<br />

Two (2) times in the following editions <strong>of</strong> your publication<br />

DATE 8-<strong>19</strong>-<strong>94</strong><br />

DATE 8-26-<strong>94</strong><br />

Please furnish an Affidavit <strong>of</strong> Publication and a Tear Sheet when published. If you have any questions, please<br />

contact me at the above number.<br />

Signature, <strong>Frisco</strong> Enterprise Signature, <strong>City</strong> <strong>of</strong> <strong>Frisco</strong>


SUBDIVISION ORDINANCE<br />

CITY OF FRISCO, TEXAS<br />

ORDINANCE <strong>No</strong>.0 -66<strong>19</strong><br />

AN ORDINANCE DEFINING THE GENERAL RULES AND REGULATIONS GOVERNING PLATS AND<br />

SUBDIVISIONS OF LAND FALLING WITHIN THE JURISDICTION OF THE CITY OF FRISCO FOR THE<br />

PURPOSE OF PROVIDING FOR THE ORDERLY, SAFE, AND HEALTHFUL DEVELOPMENT OF THE<br />

AREA WITHIN THE CITY AND WITHIN THE AREA SURROUNDING THE CITY AND TO PROMOTE THE<br />

HEALTH, SAFETY, MORALS AND GENERAL WELFARE OF THE COMMUNITY DEFINING TERMS;<br />

SETTING FORTH PURPOSE, AUTHORITY AND JURISDICTION, REQUIRING APPROVAL;<br />

ESTABLISHING PROCEDURE FOR APPROVAL OF PRELIMINARY AND FINAL PLATS PROVIDING<br />

GENERAL PROVISIONS ESTABLISHING GENERAL REQUIREMENTS AND DESIGN STANDARDS FOR<br />

STREETS, LOTS, BLOCKS, BUILDING LINES, ALLEYS, EASEMENTS, FLOOD AREAS; REQUIRING<br />

IMPROVEMENTS PROVIDING FOR CITY PARTICIPATION IN IMPROVEMENTS; PROVIDING FOR<br />

RESERVATIONS, VARIANCES, INSPECTION OF CONSTRUCTION AND A PENALTY ESTABLISHING<br />

FILING FEES AND CHARGES; REQUIRING MAINTENANCE BOND; PROVIDING FOR THE<br />

WITHHOLDING OF IMPROVEMENTS UNTIL SUBDIVISION IS APPROVED, FOR CONFLICT WITH<br />

OTHER ORDINANCES, A SAVING CLAUSE, AND AN EFFECTIVE DATE; AND PROVIDING FOR<br />

REPEAL OF ORDINANCE NO. 84-02-<strong>08</strong>.


STATE OF TEXAS<br />

COUNTY OF COLLIN<br />

the following date(s), to wit:<br />

Sopbather 18, <strong>19</strong>e5<br />

AFFIDAVIT<br />

44,17<br />

Before me, the undersigned authority, on this day personally<br />

appeared Jack Scott, Jr., the<br />

Business Manager <strong>of</strong> Bridwell Publishing d.b.a.<br />

The <strong>Frisco</strong> Enterprise, a newspaper regularly published<br />

in Collin and Denton Counties,Texas, and having general<br />

circulation in Collin and Denton Counties, Texas, who<br />

being by me duly sworn, deposes and says that the foregoing<br />

attached notice was published in said newspaper on<br />

Subscribed and sworn to before the this the 29th day <strong>of</strong><br />

August , <strong>19</strong><strong>94</strong>, to certify which witness<br />

•<br />

d , and seal <strong>of</strong> <strong>of</strong>fice.<br />

IARILYN M. TIENT<br />

/tad .Z lier7-/&*1<br />

otary Public in and for the State <strong>of</strong> Texas

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