93-Subdivision Ordinance
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CITY OF *
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SUBDIVISION
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ORDINANCE
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Section 1:
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CITY OF WYLIE, TEXAS
SUBDIVISION ORDINANCE
TABLE OF CONTENTS
Subdivision Ordinance Resolution
General Provisions
Definitions .......................................................
Authority and Jurisdiction
Platting Procedure ...................... . . . . . . . . . . . . . . . . . . . . . . . . . .
Requirements for Public Improvements, Reservation and Design
Participation and Escrow Policies
Filing Fees and Charges
Completion and Maintenance of Improvements
Extension to Extra-Territorial Jurisdiction
Other Requirements
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2
7
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48
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56
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64
ORDINANCE NO._
CITY OF WYLIE, TEXAS
SUBDIVISION REGULATIONS
AN ORDINANCE PRESCRIBING RULES AND REGULATIONS GOVERNING PLAT, PLANS
AND SUBDIVISIONS OF LAND WITHIN THE INCORPORATED AREA AND
EXTRA- TERRITORIAL JURISDICTION OF WYLIE, TEXAS, HEREIN DEFINED AS THE
"CITY"; CONTAINING CERTAIN DEFINITIONS; PROVIDING FOR FINAL APPROVAL OF
SUBDIVISIONS BY SECTIONS; PRESCRIBING REGULATIONS FOR STREETS,
SIDEWALKS, ALLEYS, SANITARY UTILITIES, WATER MAINS, STORM SEWERS, AND
OTHER DRAINAGE STRUCTURES AND COMMUNITY FACILITIES.
PROVIDING FOR A PENALTY OF NOT MORE THAN TWO THOUSAND DOLLARS
($2,000.00) PERDA YPURSUANT TO THE TEXAS LOCAL GOVERNMENT CODE 54.001 AND
2, ET. SEQ. AS AMENDED OF ACTS 1987, CH. 680; REPEALING ALL CONFLICTING
ORDINANCES; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
Whereas, under the provisions of the Constitution and Laws of the State of Texas, including
particularly Chapters 231, Acts of the 40th Legislature, Regular Session, 1927, as heretofore or
hereafter amended (compiled as Articles 974a and 6626, V AC.S.), and the provisions of Section
4 of the Municipal Annexation Act (compiled as Article 970a), as heretofore or hereafter amended,
hereafter every owner of any tract of land situated within the City of Wylie, who may hereafter
divide the same into two (2) or more tracts described by metes and bounds or otherwise for the
purpose of laying out any subdivision of such tract of land or any addition to said city, or for laying
out suburban lots or building lots, of any lots, and purchasers or owners of lots fronting thereon or
adjacent thereto, and required to submit a plat of such subdivisions or additions for approval by
the City Council of the City of Wylie; and
Whereas, the mles and regulations of the City estahlished by ordinance, governing plats and
suhdivisions of the land, he and the same are hereby extended to and shall apply to all of the area
under the extra-territorial jurisdiction of said City, as provided for in the Municipal Annexation
Act, enacted by the State of Texas and which appears as Article 970a Vernon's Annotated Civil
Statues.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS;
On and after the passage of this ordinance, any person, firm or corporation seeking approval of
any plat, plan or replat of any subdivision of land within the City of Wylie, Texas and its legally
established extra-territorial jurisdiction shall be required to comply with the requirements of this
ordinance before such approval may be granted, to wit:
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SECTION 1.. GENERAL PROVISIONS
These regulations shall govern every person, firm, association or corporation owning any tract of
land within the city limits or the extra-territorial jurisdiction of the City of Wylie, Texas, who may
hereafter divide the same into two or more parts for the purpose of laying out any subdivision of
any tract of land or any addition to said city, or for laying out suburban lots or building lots or any
lots, streets, alleys, parks or other portions intended for public use or the use of purchasers of lots
fronting thereon or adjacent thereto.
1.01 Title
These regulations shall be officially know, cited and referred to as the Subdivision
Regulations of the City of Wylie (hereinafter "these regulations").
1.02 Policy
A. The subdivision or platting of land an the subsequent development of the land is subject
to the control of the City pursuant to the Comprehensive Plan for the orderly, planned,
efficient, and economical development of the City.
B. Land to be subdivided or platted shall be of a character that can be used safely for
building purposes without danger to health or peril from fire, flood, or other menace,
and land shall not be developed until adequate public facilities and improvements exist
and proper provision has been made for drainage, water, sewerage, and streets.
c. Proposed public improvements shall conform to and be properly related to the proposals
shown in the Comprehensive Plan and the capital improvements program of the City.
These regulations shall supplement and facilitate the enforcement of the provisions and
standards contained in building and housing codes, zoning ordinances, the
Comprehensive Plan and the capital improvements program of the City.
D. Land that has been platted prior to the effective date of this ordinance shall, whenever
possible, be brought within the scope of these regulations to further the purposes
identified in Section 1.3.
1.03 Purposes
These regulations are adopted for the following purposes:
A. To protect and provide for the public health, safety, and general welfare of the City.
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B. To guide the future growth and development of the City in accordance with the
Comprehensive Plan.
c. To ensure safety from fire, flood, and other dangers, and to prevent overcrowding of the
land and undue congestion of population.
D. To guide public and private development in order to provide adequate and efficient
transportation, water, sewerage, drainage, and other public requirements and facilities.
E. To provide for the circulation of traffic and pedestrians required for the beneficial use
of land and buildings and to avoid congestion throughout the City.
F. To establish reasonable standards of design and procedures for platting and replatting
to further the orderly layout and use ofland, and to ensure proper legal descriptions and
monumenting of platted land.
G. To ensure that adequate public facilities and services are available and will have
sufficient capacity to serve the proposed subdivision or addition and that the community
will be required to bear no more than its fair share of the cost of providing the facilities
and services.
H. To prevent the pollution of streams and ponds; to ensure the adequacy of drainage
facilities; to safeguard the water table, and to encourage the wise use and management
of natural resources, and enhance the stability and beauty of the community and the value
of and land.
I. To provide for open spaces through the most efficient design and layout of the land.
J. To remedy the problems associated with inappropriately platted lands, including
premature subdivision, incomplete subdivision and scattered subdivision.
1.04 Authority
A In addition to its other responsibilities, the Planning & Zoning Commission of the City
of Wylie (hereinafter "Commission") is vested with the authority to review, approve,
conditionally approve and disapprove applications for the platting or subdivision of land,
including land studies, conveyance plats, preliminary plats, final plats, amended plats,
replats, and vacation of plats, subject to review by the Council. The Commission may
grant variances from these regulations pursuant to the provision of Section 1.10.
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B. The Planning Director is vested with the authority to approve minor plats. The Planning
Director may, for any reason, elect to present a minor plat to the Planning & Zoning
Commission for approval. The Planning Director may not disapprove a minor plat and
shall refer any minor plat refused for approval to the Planning & Zoning Commission
within 30 days of the official date of application.
1.05 Applicable Law
All applications for plat approval, including final plats, pending on the effective date of these
regulations and which have not lapsed shall be reviewed under regulations in effect
immediately preceding the date of adoption of these regulations.
1.06 Interpretation, Conflict and Separability
A. Interpretation. In their interpretation and application, the provisions of these regulation
shall be held to be the minimum requirements for the promotion of the public health,
safety and general welfare. These regulations shall be construed broadly to promote the
purposes for which they are adopted.
B. Conflict with Other Laws. These regulations are not intended to interfere with,
abrogate, or annul any other ordinance, rule or regulation, statute or other provision of
law except as provided in these regulations. Where any provision of these regulations
imposes restrictions different from those imposed by any other provision of these
regulations, or other provision of law, the provision which is more restrictive or imposes
higher standards shall control.
C. Separability. If any part of provision of these regulations or the application of these
regulations to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, the judgment shall be confined in its operation to the part, provision, or
application directly involved in the controversy in which the judgment shall be rendered
and it shall not affect or impair the validity of the remainder of these regulations or the
application of them to other persons or circumstances. The Council hereby declares that
it would have enacted the remainder of these regulations even without any such part,
provision, or application which is judged to be invalid.
1.07 Saving Provision
These regulations shall not be construed as abating any action now pending under, or by
virtue of, prior existing subdivision regulations, or as discontinuing, abating, modifying, or
altering any penalty accruing or about to accrue, or as affecting the liability of any person,
firm, or corporation, or as waiving any right of the City under any section or provision existing
at the time of adoption of these regulations, or as vacating or annulling any rights obtained
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by any person, fIrm, or corporation, by lawful action of the aty except as shall be expressly
provided for in these regulations.
1.08 Superseding Regulations
Upon the adoption of these regulations according to law, all Subdivision Regulations of the
City of Wylie previously in effect are hereby superseded, except as provided in Section 1.5.
1.09 Amendments
For the purpose of protecting the public health, safety and general welfare, the Commission
or Council may from time to time propose amendments to these regulations which shall then
be approved or disapproved by the Council at a public meeting.
1.10 Variance
A. General. Where the Commission finds that unreasonable hardships or difficulties may
result from strict compliance with these regulations and/or the purpose of these
regulations may be served to a greater extent by an alternative proposal, it may approve
variances to these subdivision regulations so that substantial justice may be done and the
public interest secured; provided that the variance shall not have the effect of nullifying
the intent and purpose of these regulations; and further provided the Commission shall
not approve variances unless it shall make findings based upon the evidence presented
to it in each specific case that:
(1) The granting of the variance will not be detrimental to the public safety, health, or
welfare or injurious to other property;
(2) The conditions upon which the request for a variance is based are unique to the
property for which the variance is sought and are not applicable generally to other
property.
(3) Because of the particular physical surroundings, shape or topographical conditions
of the specific property involved, a particular hardship to the owner would result, as
distinguished from a mere inconvenience, if the strict letter of these regulations is
carried out;
(4) The variance will not in any manner vary the provisions of the Zoning Ordinance or
Comprehensive Plan, except that those documents may be amended in the manner
prescribed by law.
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B. Criteria for Variances From Development Exactions. Where the Commission finds that
the imposition of any development exaction pursuant to these regulations exceeds
reasonable benefit to the property owner or is so excessive as to constitute confiscation
of the tract to be platted, it may approve variances to such requirements, so as to prevent
such excess.
C. Conditions. In approving variances, the Commission may require such conditions as will,
in its judgment, secure substantially the purposes described in Section 1.3.
D. Procedures.
(1) A petition for a variance shall be submitted in writing by the property owner at the
time when the conveyance plat, preliminary plat or final plat is filed for the
consideration of the Commission. The petition shall state fully the grounds for the
application and all of the facts relied upon by the petitioner.
(2) Where a hardship is identified in a land study which will result in a request for a
variance, the Commission may grant a conditional variance. A conditional variance
shall receive final approval along with a preliminary plat provided that the
preliminary plat conforms to the land study and no new information or reasonable
alternative plan exists which, at the determination of the Commission, voids the need
for a variance.
1.11 Enforcement, Violations and Penalties
A. Violations and Penalties. Any person who violates any of these regulations for lands
within the corporate boundaries of the City shall be subject to a fine of not more than
$2,000 per day, pursuant to the Texas Local Government Code 54.001 and 2, et. seq. as
amended of Acts 1987, ch. 608.
B. Civil Enforcement. Appropriate civil actions and proceedings may be maintained in law
or in equity to prevent unlawful construction, to recover damages, to impose additional
penalties, to restrain, correct, or abate a violation of these regulations, whether such
violation occurs with respect to lands within the corporate boundaries of the City or
within the City's extra-territorial jurisdiction. These remedies shall be in addition to the
penalties described above.
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SECTION 2.. DEFINITIONS
Addition. One lot, tract or parcel of land lying within the corporate boundaries of the City which
is intended for the purpose of development.
Administrative Officers are every officer referred to by title, i.e. City Manager, City Attorney, City
Secretary, City Engineer, Director of Public Works, etc., and shall be the person so retained in this
position by the City or his duly authorized representative.
~ shall mean a minor traffic way used primarily for vehicular service to the rear or side of
properties otherwise abutting on a street.
Amended Plat. A revised plat correcting errors or making minor changes to the original recorded
final plat.
Amenity. An improvement to be dedicated to the public or the common ownership of the lot
owners of the subdivision and providing an aesthetic, recreational or other benefit, other than those
prescribed by this ordinance.
Arterial Street or Thoroughfare shall be a principal traffic way more or less continuous across the
City or areas adjacent thereto and shall act as a principal connecting street with state or interstate
highways.
Base Flood. The flood having a one percent chance of being equaled or exceeded in any given
year. The base flood shall be determined by using a fully developed watershed and the City's
Drainage Design Manual criteria for a lOO-year storm.
Block. A tract of land bounded by streets, or by a combination of streets and public parks,
cemeteries, railroad right-of-way, shorelines of waterways, or boundary lines of municipalities.
Bond. Any form of a surety bond in an amount and form satisfactory to the City.
Building Line shall be a line beyond which buildings must be set back from the street or road
right-of-way line or property line.
Capital Improvements Program. The official proposed schedule of all future public projects listed
in order of construction priority together with cost estimates and the anticipated means of financing
each project, as adopted by City Council.
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City or The City shall mean City of Wylie, Texas.
City Council shall be the duly elected governing body of the City of Wylie, Texas.
Collector Street shall be a street which is continuous through several residential districts and is
intended as a connecting street between residential districts and thoroughfares, highways or
business districts.
Commission shall mean the City Planning & Zoning Commission of the City of Wylie, Texas.
Comprehensive Plan. A plan for development of the City prepared and adopted by the Council,
and including any part of such plan separately adopted and any amendment to such plan, or parts
thereof.
Construction Plan. The maps or drawings accompanying a lat and showing the specific location
and design of public improvements to be installed in the subdivision or addition in accordance with
the requirements of the Commission as a condition of the approval of the plat.
Contiguous. Lots are contiguous when at least one boundary line of one lot touches a boundary
line or lines of another lot.
Convt:Yance Plat. An interim plat recording the subdivision of property or defining a remainder
of property created by the approval of a final plat for a portion of property, where approval of fmal
development plans is not sought.
County. Either Dallas County, Texas, Collin County, Texas or Rockwall, Texas, depending on
whether a proposed subdivision or addition, or part thereof if located in such County.
Cul-de-sac shall mean a short residential street having but one vehicular access to another street
and terminated by a vehicular turn-around.
Dead-end Street shall mean a street other than a cul-de-sac with only one outlet.
Dedication Plat. A plat prepared for the purpose of dedicating land or easements for right-of-way
to the City.
Developer. The person, business, corporation or association responsible for the development of
the subdivision or addition. In most contexts the terms Developer and Property Owner are used
interchangeably in these regulations.
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Development. Any man-made change to improved or unimproved real estate, including but not
limited to, buildings or other structures, paving, drainage or utilities, but not agricultural activities.
Development Exaction. Any dedication of land or easements for, construction of, or contribution
toward construction of a public improvement required as a condition of plat approval by the City
under these regulations.
Director. The Director of Planning, the Director of Engineering of the City of Wylie, or their
designee.
Drainaa:e Way. All land areas needed to allow passage of the Base Flood, including sufficient
access above the Base Flood elevation along each side of and parallel to the natural or excavated
channel.
Easement shall mean an area for restricted use on private property upon which any public utility
shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs
or other improvements or growths which in any way endanger or interfere with the construction,
maintenance or efficiency of its respective systems on any of these easements.
Any public utility shall at all times have the right of ingress and egress to and from and upon the
said easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining
and adding to or removing all or part of its respective systems without the necessity, at any time,
of procuring the permission of anyone.
Engineer shall be the City Engineer of the City of Wylie, Texas, the City's Consulting Engineers
or their duly authorized representatives.
Escrow. A deposit of cash with the City in accordance with City policies.
Extra-territorial.lurisdiction (J!:T.l) is the area adjacent to the City of Wylie within one (1) mile
of the city limits as specified in Article 974a Vernon's Texas Civil Statutes.
Final Plat shall be any plat of any lot, tract or parcel of land requested to be recorded for record
in the Deed Records of Collin County, Texas, Dallas County, Texas, or Rockwall County, Texas.
F100d Plain. Any land area susceptible to being inundated by water from the base flood.
Improvement Agreement. A contract entered into by the developer and the City by which the
developer promises to complete the required public improvements within the subdivision or
addition within a specified time period following final plat approval.
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Inspector. An authorized representative ofthe City assigned to observe and check the construction
on behalf of the City in sufficient detail to satisfy himself that the work is proceeding in general
accordance with the approved plans and specifications. The inspector will not be a guarantor of
the contractor's or developer's performance.
Land Study. A sketch preparatory to the preliminary plat or final plat, to enable the property
owner to save time and expense in reaching general agreement with the Commission as to the form
of the plat and the objectives of these regulations.
Lm. A tract, plot or portion of a subdivision, addition, or other parcel of land intended as a unit
for the purpose, whether immediate or future, of transfer of ownership, or possession or for
building development.
M ~or Plat. All plats not classified as minor plats, including but not limited to subdivisions of more
than four (4) lots, or any plat requiring creation of any new street or extension of the City's facilities.
M aster Plan shall be the comprehensive plan of the City and adjoining areas as adopted by the
City Council and the City Planning & Zoning Commission, including all its revisions and parts.
This plan indicates the general location recommended for various land uses, transportation routes,
public and private buildings, streets, parks and other public and private developments and
improvements.
Mu shall be deemed as permissive.
Minor Plat. A subdivision resulting in four or fewer lots and not requiring the creation of any new
street or the extension of municipal facilities.
l\-fobile Home Parks are areas renting or leasing sites for trailer coaches or mobile homes.
l\-funicipal Facility. An improvement owned and maintained by the City.
Off-Site Improvement. Any public improvement located outside the physical boundaries of the
subdivision or addition to be platted.
Perimeter Street. Any existing or planned street which abuts the subdivision or addition to be
platted.
~ shall mean a map or chart of the subdivision. It shall include plan, plat or replat on both
singular or plural.
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Plattin&. The act of preparing for approval and processing, pursuant to these regulations, the plan
or map for the subdivision or addition to be filed for record in the County where such subdivision
or addition is located.
Preliminary Plat shall be any plat of any lot, tract or parcel of land that is not to be recorded for
record but is only a proposed division of land for review and study by the City.
Private Street is any street, drive, throughway, thoroughfare, pavement or non-pavement surface
where vehicles may travel that is not constructed to City of Wylie standards and is not acceptable
for dedication to the City of Wylie.
PrQperQ' Owner. Any person, group of persons, fIrm or firms, corporation or corporations, or any
other legal entity having legal title to or sufficient proprietary interest in the land comprising the
subdivision or addition, or any representative or agent thereto, who has express written authority
to act on behalf of such owner.
Public Improvement. Any drainage way, roadway, parkway, sidewalk, utility, pedestrian way,
off-street parking area, lot improvement, open space, or other facility for which the City or other
governmental entity will ultimately assume the responsibility for maintenance and operation, or
which may affect an improvement for which local government responsibility is established.
Public W~. An officially approved, privately maintained drive, constructed to City street
standards, open to unrestricted and irrevocable public access, serving two or more lots as their
primary means of access.
Remainder. The residual land left after platting of a portion of a tract. Platting of a residual may
in some instances be required under the provisions of this ordinance.
Replatting, Any change in a map of an approved or recorded plat, except as permitted as an
amended plat, that affects any street layout on the map or area reserved or dedicated thereon for
public use or any lot line, or that affects any map or plan legally recorded prior to the adoption of
any regulations controlling subdivisions or additions. Replatting includes the combination of lots
into a single lot for purposes of development.
Re-su bdivision shall mean the division of an existing subdivision, together with any changes of lot
size therein, or with the relocation of any street lines.
Re-submittal of Plans shall be considered as being the same as any new or original submittal.
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Residential Street shall be a street which is intended primarily to serve traffic within a
neighborhood or limited residential district and which is used primarily for access to abutting
properties.
Ri&Jlt-or-way. A parcel of land occupied or intended to be occupied by a street or alley. Where
appropriate right-of-way may include other facilities and utilities, such as sidewalks, railroad
crossings, electrical, communication, oil or gas, water or sanitary or storm sewer facilities, or for
any other special use. The use of right-of-way shall also include parkways and medians outside of
pavement. The usage of the term "right-of-way" for land platting purposes shall mean that every
right-of-way hereafter established and shown on a final plat is to be separate and distinct from the
lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such
lots or parcels.
Security. The letter of credit or cash escrow provided by the applicant to secure its promise in the
improvement agreement.
Shall shall be deemed as mandatory.
Standard Specifications and Codes of the City shall be applied to all improvements constructed
within the City and shall be in accordance with all revisions as may be adopted by the City of Wylie,
Texas.
Street means a way for vehicular traffic whether designated a street, highway, thoroughfare,
parkway, throughway, road, avenue, boulevard, land, place or however otherwise designated.
Street Width shall be the shortest distance between the lines which delineate the rights-of-way of
a street.
Subdivider. Any person who (1) having an interest in land causes it, directly or indirectly, to be
divided into a subdivision or platted as an addition or who (2) directly or indirectly, sells, leases,
or develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest,
lot, parcel site, unit, or plat in a subdivision or addition, or, who (3) engages directly or through an
agent in the business of selling, leasing, developing, or offering for sale, lease, or development a
subdivision or addition or any interest, lot, parcel site, unit or plat in a subdivision or addition, and
who (4) is directly or indirectly controlled by, or under direct or indirect common control with any
of the foregoing.
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Subdivision. The division of any tract or parcel of land into two or more lots for the purpose,
whether immediate or future, of offer, sale, or lease or for the purpose of development. Subdivision
includes the division or development of residentially and non-residentially zoned land, whether by
deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded
instrument. Subdivision also includes resubdivision. Subdivision also refers to the land to be so
divided, as the context may indicate.
Substandard Street. An existing street, or highway that does not meet the minimum specifications
in the Thoroughfare Standards Ordinance and the City Construction Standards and Specifications,
or if a State Highway or FM Highway does not meet the minimum Standard Specifications of the
Texas Department of Transportation and is not constructed to the ultimate extent for the type of
roadway it is designated for in the major thoroughfare plan. A standard street is a street or highway
that meets or exceeds said standard specifications and major thoroughfare plan.
Temporary Improvement. Improvements built and maintained by an owner during construction
of the development of the subdivision or addition and prior to release of the performance bond or
improvements required for the short term use of the property.
illll shall be deemed as mandatory.
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SECTION 3 . AUTHORITY AND JURISDICITON
3.01 Under the authority of Article 974a of the Revised Civil Statutes of the State of Texas, which
article is hereby made a part ofthese regulations, the City Council ofthe City of Wylie, Texas,
does hereby adopt the following regulations to hereafter control the subdivision of land
within the corporate limits of the City of Wylie and in the unincorporated areas lying within
the extra-territorial jurisdiction of the city limits of Wylie, in order to provide for the orderly
development of the areas and to secure adequate provisions for traffic, light, air, recreation,
transportation, water, drainage, sewage and other facilities.
3.02 As used herein, the term "subdivision" shall mean the division of a tract or parcel of land into
two (2) or more lots for the purpose, whether immediate or future, of sale or building or
development and shall include re-subdivision. "Re-subdivision" shall mean any change in the
division of any existing subdivision or any change in lot size therein, or the relocation of any
street lines.
3.03 Any owner of land inside or within one (1) mile of the corporate limits of the City of Wylie
wishing to subdivide such land shall submit to the Planning and Zoning Commission a plan
of subdivision which shall conform to the minimum requirements set forth in these
regulations. An owner subdividing his land into parcels of not less than five (5) acres each
for agricultural use and not involving new streets shall be exempt form these requirements.
3.04 No subdivision shall be filed or recorded and no lot in a subdivision inside of or within one (1)
mile of the corporate limits of the City of Wylie shall be improved or sold until the final plat
shall have been considered by the Planning & Zoning commission and approved by the City
Council.
The City shall have the authority to prohibit the installation of public utilities in unapproved
subdivisions and to prohibit the issuance of building permits for structures on lots in an
unapproved subdivision.
3.05 Any violation of any provision of the ordinance outside the corporate limits of the City of
Wylie shall not constitute a misdemeanor under this ordinance or be applicable to a violation
within such extra-territorial jurisdiction; however, a district court shall have the power to
grant any or all types of injunctive relief in such cases.
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3.06 It shall be unlawful for any Owner or agent of any owner to layout, subdivide or plat any land
into lots, blocks and streets within the City or to sell portions of the property therein which
has not been laid out, subdivided and platted according the these regulations and the rules
of the planning & Zoning Commission.
3.07 No officer, employee or consultant of the City shall perform or cause to be performed any
work upon any streets or in any addition or subdivision of the City unless all requirements of
these regulations have been complied with by the Owner of the addition of subdivision.
3.08 The City hereby defines its policy to be that the City will withhold improvements of any nature
whatsoever, including the maintenance of streets, issuance of building permits or furnishing
of sewage and water service, until the subdivision final plat has been approved by the City
Council. No improvements shall be initiated nor any contracts executed until written
approval has been obtained by the subdivider, from the City Council.
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SECTION 4 . PLATIING PROCEDURE
4.01 Pre-Application Conference
Prior to the filing of a land study or preliminary plat, the subdivider shall consult with the
City Manager or his duly authorized representative concerning the ultimate land-use of the
proposed development, the suitability of the location of the proposed subdivision, the most
advantageous subdivision plan, the arrangement of streets, alleys and lots, drainage and the
layout of utility lines and availability of municipal facilities. A written record of the meeting
shall be kept by the City and a copy provided to the developer.
4.02 Application Procedure
A. All property not subdivided into lots, blocks and streets or property to be subdivided
within the City or within its jurisdiction shall hereafter be laid out under the direction of
the Planning & Zoning Commission and subject to the approval of the City Council and
no other subdivision will be recognized by the City. Prior to the consideration of the
plats by the Planning & Zoning commission, the City Manager and his duly authorized
representatives shall check the plats and make recommendations.
B. At such time the land study or preliminary plat is filed with the City for review and
approval, it will be passed to the Director of Engineering who will make a preliminary
review of the submittal. If it appears substantially complete, the Director of Engineering
will make a visit to the area to make recommendations concerning the development of
subject land.
If the Director of Engineering determines that the land study or preliminary plat as
submitted is substantially incomplete and requires a significant amount of work by the
developer's engineer, the incomplete plat will be immediately returned to the
developer's engineer, requesting that it be completed before re-submission. The
developer, upon re-submittal, shall return all original sheets marked by the City in the
preliminary review. A letter shall accompany the re-submittal which explains how each
comment by the City has been addressed.
C. Any owner or developer of any lot, tract or parcel of land located within the corporate
limits of the City or within its jurisdiction who may wish to effect a subdivision of such
land shall conform to the general procedure described as follows:
(1) The subdivider shall prepare and submit a LAND STUDY for Major Subdivisions
or a PRELIMINARY PLAT for Minor Subdivisions to the City Planning &
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Zoning Commission for its (the Commission's) study and recommendations to the
developer. The preliminary plat shall show the entire subdivision and if applicable
the phases by which the subdivision will be developed. The preliminary plat shall
also indicate which lots may be offered for sale within the first phase to be
developed upon approval of the final plat by the City Council. The preliminary
plat shall then be submitted to the City Council for final action. The Planning &
Zoning Commission and City Council shall act on the preliminary plat within thirty
(30) days from the date such plat was filed with each body for their approval.
(2) After approval of the preliminary plat by the City Council, the subdivider may then
prepare a FINAL PLAT of all or a portion of the land included in the preliminary
plat for submission to and consideration by the Planning & Zoning Commission
for final recommendations.
(3) Upon final action on any such final plat by the City Planning & Zoning Commission,
the same shall be referred to the City Council and the City Council shall, at its next
succeeding meeting, consider such final plat for approval. Upon approval action
of the City Council in the affirmative, the Mayor is authorized to sign the signature
block "approved for construction". At this time, the developer may pay his required
developmental inspection fees as set out in the City of Wylie's fee schedule
ordinance and begin construction of the public facilities to be dedicated to the City
of Wylie. The City will only accept the facilities to be dedicated if in the opinion
of the city staff these facilities were constructed according to the required
specifications. These construction areas include, but are not limited to, public
streets, alleys, water lines, sewer lines, storm drainage lines, channels and all
associated construction relative to the above and intended to be dedicated. The
City Council's vote that the final plat as presented is approved for construction
indicates that at that point in time no known conditions exist which will require
changes from the approved final plat.
(4) As construction of the required public dedicated facilities continues, inspections
will be made during the progress of all items intended for dedication to the City.
Upon completion of the "intended for dedicated improvements'" the developer
shall apply to the City Council for final acceptance of the plat and the dedications
and easements for construction. The city staff shall indicate in writing to the City
Council that all public improvements have been completed in accordance with the
requirements of the City of Wylie. This procedure will be followed for an entire
development unless phased development has been indicated and approved in the
earlier steps in which case, this step will be repeated of reach phase.
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(5) Only upon final acceptance of such plat and public properties, and written notice
that all public improvements meet the City's requirements, will the City Council
accept and sign the final plat documents.
(6) Following the completion and acceptance of the public works facilities and the
filing of the final plat, with Collin County, Texas, the issuance of building permits
may begin. Building permits may only be issued on a completed development or
within a completed phase when phased development was originally proposed,
phased and approved.
4.03 Land Study
A. Subdivision Classification Requirements
Minor
(1) The subdivision or addition shall not consist of more than four (4) lots.
(2) The development of the lots shall not require creating a new street or extension of
municipal facilities including streets, drainage, water and sewer.
Conveyance plats may be approved under the minor subdivision procedure if they
conform to the above requirements.
Major
Major subdivisions involve development which does not meet Minor subdivision
requirements. Conveyance plats which do not meet Minor subdivision requirements
shall be considered Major subdivisions. The procedure for approving a major
subdivision requires three steps:
(1) Land Study.
(2) Preliminary Plat
(3) Final Plat
· The land study requirement may be omitted if the subdivision creates no more than
one new street, requires no zoning changes, and the Director of Planning determines
that sufficient information exists to begin preparation of a preliminary plat.
The purpose of the land study is to provide sufficient information to allow the City staff
to review a general plan for the development of a property and make recommendations.
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The land study shall be required for all development which does not meet the definition
of a "Minor" subdivision, unless the development is a replat of an existing approved
subdivision with no significant changes.
The Planning and Zoning Commission may permit a land study to be divided into two
or more phases, and may approve certain conditions as it deems necessary to assure the
orderly development of the land being considered for development. Phased
development shall be indicated on the Land Study.
B. Pre-Application Conference
Before preparing the land study, the applicant shall schedule an appointment and meet
with the Director of Planning to discuss the procedures for approval and requirements
as to the general layout of streets and or reservations of land, street, drainage, sewerage
and water improvements, and similar considerations including the availability of existing
municipal services.
C. General Application Requirements
An approved Land Study shall be required for all Major subdivisions before the
Commission shall consider an application for preliminary plat. The developer shall file
an application for approval of a land study which shall meet the following minimum
requirements:
(1) The application and prints of all the required supporting documents and drawings
shall be provided in three (3) complete sets.
(2) The study shall include all contiguous holdings of the property owner with an
indication of the portion proposed for development, for sale, or lease. An affidavit
of ownership shall be attached which includes the name, address and telephone
number of an agent for the developer who shall be authorized to receive all notices
required by these regulations.
(3) The study shall be drawn to a scale of 1" = 200' or larger, to provide more detail.
(4) The lower right hand corner shall contain a title block clearly showing the following
information:
(a) Proposed name of subdivision or addition.
(b) Name and address of the Owner and the Engineer or Surveyor who prepared
the study.
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( c) Scale of the drawing and an indication of true north, to the top or left.
(d) Date the drawing was prepared, and the date of revisions.
(e) The location of the tract according to the abstract and survey records of the
county in which the tract resides.
(5) All limits of the tract with scale distances.
(6) The names of all adjacent subdivisions or additions or the name of record owners
of adjoining parcels of unplatted land.
(7) The existing zoning classification of adjoining land.
(8) The location, width and names of all existing or platted streets or other public ways
within or adjacent to the tract, along with existing buildings, railroad rights-of-way,
and existing topography including creeks, drainage channels and other important
features.
(9) Political subdivisions or corporate limits and school district boundaries.
(10) Preliminary layout with names and width of proposed thoroughfares, collector
streets, and intersections along with a general configuration of proposed streets
and alleys.
(11) A general arrangement of all types of land uses considered, including but not
limited to existing easements and indication of conformance with the thoroughfare
plan including right-of-ways, park and school sites, municipal facilities, private
open space, floodplains and drainage ways, phasing plans, and proposed
non-residential and residential densities.
(12) Layout, numbers and approximate dimensions of proposed lots and all building
lines.
(13) Screening and/or Landscaping Plan.
(14) Existing sewer lines, water mains, culverts or other underground structures within
the tract and immediately adjacent thereto with sizes and locations indicated.
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D. Approval Standards
No land study shall be approved by the Commission for a tract intended for development
unless it conforms to the City of Wylie Comprehensive Land Use Plan and the
development ordinances of the City.
No land study shall be considered for approval by the Commission unless the Director
of Planning has indicated that all necessary information has been submitted and
recommends approval.
E. Approval Procedure
In the event the Director of Planning determines that insufficient information or
incorrect information prevents recommendation for approval of the land study, one (1)
copy shall be returned to the Owner or his agent with the reasons for disapproval
accompanying the copy.
Approval of the Land Study by the Commission constitutes authorization by the City for
the Owner to submit application for approval of a preliminary plat subject to compliance
with any conditions attached to approval of the land study.
4.04 Preliminary Plat
An application in writing for the approval of the preliminary plat, together with three (3) sets
of prints shall be submitted for review, at least fifteen (15) consecutive calendar days before
the meeting of the Planning & Zoning Commission if the plat is to be considered at such
meeting. No plat will be considered by the City until the prescribed filing fees have been
paid.
The approved preliminary plat sheets shall be drawn in ink on mylar and submitted for
signature by the City CounciL These sheets shall not be greater than twenty-four inches (24")
by thirty-six inches (36"). Two or more sheets may be used providing self explanatory
matching lines are used to connect the subdivision parts.
The developers shall submit with the preliminary plat a copy of the boundary traverse
calculations of the subdivision. The error of closure of the boundary shall not be greater than
one in ten thousand (1 : 10,000).
Subdivision plats prepared using AutoCAD or other computer aided design techniques shall
also provide a copy of all drawings on diskette to the City.
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The plat shall be drawn to a scale not to exceed one hundred feet to the inch (1" = 100'). A
graphic scale shall be provided and all figures and letters shall be of such a size that if reduced
to 112 scale the information is readable and distinct. The information to be included and the
procedure for submittals are as follows:
A. Existing Features
(1) The boundary line (accurate in scale and orientation) of the tract to be subdivided.
(2) The location, widths and names of all existing or platted streets or other public
ways within and adjacent to the tract, existing permanent buildings, railroads,
rights-of-way and other important features, such as abstract lines, political
subdivision or corporation lines and school district boundaries.
(3) Existing sewer mains, water mains, drainage culverts or other underground
structures and utilities within the tract and immediately adjacent thereto with pipe
sizes, grades and locations indicated.
(4) Contours with intervals of two feet (2') or less, referred to mean sea level datum,
by actual field survey.
(5) The names of adjacent subdivisions and/or the names of record owners of adjoining
parcels of unsubdivided land.
B. New Features
(1) The proposed name of the subdivision.
(2) North arrow, scale, date and approximate acreage of the proposed subdivision.
(3) The names, addresses and telephone numbers of the subdivider and of the
engineer, surveyor or planner, responsible for preparation of the plat.
(4) The tract designation, zoning classification and other description according to the
real estate records of the City or county Auditor and recorder; also, designation of
the proposed uses of land within the subdivision, including the number of lots of
each classification.
(5) All parcels of land intended to be dedicated for public use or reserved in the deeds
for the use of all property owners in the proposed subdivision, together with the
purpose of conditions or limitation of such reservations.
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(6) The layout, names and widths of proposed streets, alleys and easements, such as
drainage easements, access easements, electrical easements and maintenance
easements.
(7) The layout, numbers, set-back lines and approximate dimensions of proposed lots,
blocks, parks, etc.
(8) Provision for the connection of streets with other streets adjacent to the subdivision
and for extension of streets to undeveloped property. Also a Circulation Plan
indicating how continuous ingress and egress from existing residences and for City
staff will be maintained.
(9) The proposed base flood floodplain limits and elevations on a one-foot contour
interval for all open channels.
C. Utilities
A plan of the proposed water and sanitary sewer mains and proposed drainage facilities,
including drainage areas, location of lines, inlets, culverts, bridges, provisions for
discharging onto and crossing adjacent properties and calculated runoff and points of
concentration.
D. Location Map
A location map of the proposed subdivision on a scale of one inch to one thousand feet
(1" = 1,000') showing existing and proposed streets and thoroughfares covering an area
at least one (1) mile outside the proposed subdivision.
E. Cross-Sections
Typical cross-sections of proposed streets showing the width and cross slope of
pavement, type of pavement and location, width and cross slope of sidewalks.
Title Block shall indicate the date of the current submittal and the revision number.
F. Approval Block
The following notice shall be placed on the face of each preliminary plat by the
subdivider.
"Preliminary Plat for Review Purposes Only"
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The following certificate shall be placed on the preliminary plat by the subdivider.
"Recommended for Approval"
Date:
Chairman, Planning & Zoning Commission
"Approved for Preparation of Final Plat"
Date:
Mayor, City of Wylie, Texas
G. Submission
The Planning & Zoning Commission shall be furnished with three (3) prints of the
preliminary plat along with a letter of transmittal stating briefly the type of streets,
drainage facilities, sanitary facilities and water system at least fIfteen (15) days before
the regular meeting date of the Planning & Zoning Commission. Said letter shall also
delineate provisions for perimeter developments of streets, alleys, water, sewer and
drainage.
H. Approval
The approval of the preliminary plat by the City Council shall be effective for a period
of one hundred eighty (180) days after the approval date, unless reviewed by the City
Council in the light of new or significant information, which would necessitate the
revision of the preliminary plat, such revision being subject to the same procedures as
the original preliminary plat.
If a final plat for the subdivision, or a portion thereof, has not been submitted, or if a
change in requirements has not occurred which would affect the preliminary plat, at the
end of the one hundred eighty (180) days after approval, then the City Council will
declare the preliminary plat null and void, unless the subdivider has, in writing, requested
and received an extension of time.
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4.05 Final Plat
After approval of the preliminary plat by the Planning and Zoning Commission and City
Council, a final plat, prepared by a registered public surveyor bearing his seal and signature
and the construction plans prepared by a registered professional civil engineer bearing his
seal and signature, shall be submitted to the Planning and Zoning Commission.
Six (6) sets of direct prints and three (3) mylar sepias of all originals with original signatures
shall be filed with the City Secretary at least fifteen (15) consecutive calendar days prior to
the meeting of the Planning and Zoning Commission at which action is requested. Planning
and Zoning Commission and the City Council shall act on the final plat within thirty (30) days
from the date such plat was filed with each body for their approval except in unusual
circumstances. No plat will be considered by the City as being filed until the prescribed filing
fees have been paid. The final plat may constitute all or only a portion of the approved
preliminary plat, but any portion thereof shall conform to all the requirements of these
regulations.
If final plats are submitted for approval for portions or sections of the proposed subdivision,
each portion or section shall carry the name of the entire subdivision but shall bear a
distinguishing letter, number, or subtitle. Block letters shall run consecutively throughout
the entire subdivision, even though such subdivision might be finally approved in sections.
The Planning and Zoning Commission will either recommend approval or disapproval of the
final plat and forward it to the City Council. Any action taken by the City Council shall be
final, regardless of the previous action by the Planning and Zoning Commission.
The final plat shall be officially approved and dedications accepted by the City Council when
all fees and expenses incurred have been paid and when all requisites of the subdivision have
been met.
One of the final plats shall be submitted in ink and on mylar and shall be drawn on sheets
measuring seventeen and one-half (17-112) inches by twenty-three and three quarters
(23-3/4) inches. Two or more sheets may be used providing self explanatory matching lines
are used to connect the subdivision parts. A graphical scale shall be provided and all figures
and lettering shall be such a size that if reduced to 1/2 size all information is readable and
distinct.
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The final plat shall bear all of the information specified for Section 4.04 Preliminary Plats
and the following:
(1 ) Formal irrevocable offers of dedication to the public of all streets, local government uses,
utilities, parks, and easements, in a form approved by the City Attorney. The plat shall
be marked with a notation indicating the formal offers of dedication.
(2) The improvement agreement and security, if required, in a form satisfactory to the City
Attorney and in an amount established by the Commission upon recommendation of the
City Engineer and shall include a provision that the property owner shall comply with
all the terms of the final plat approval as determined by the Commission.
(3) A recording fee in an amount as set by the County Clerk.
(4) As-built construction plans, where applicable.
A. Standards for Approval
No final plat shall be approved by the Director, the Commission or the Council unless
the following standards have been met:
(1) The plat substantially conforms to the preliminary plat.
(2) Required public improvements have been constructed and accepted or an
improvement agreement has been accepted by the City providing for the subsequent
completion of improvements.
(3) The plat conforms to applicable zoning and other regulations.
(4) Provision has been made for adequate public facilities under the terms of this
ordinance.
(5) The plat meets all other requirements of this ordinance.
B. Approval Procedure
After review of the fmal plat, the Director shall place the final plat for decision on the
agenda of a public meeting of the Commission. Minor plats may be approved by the
Director or referred to the Commission in accordance with Section 1.4(b). In the event
of disapproval, reasons for disapproval shall be stated. One copy of the final subdivision
plat shall be returned to the applicant with the date of approval, conditional approval or
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disapproval noted on the final plat, and, if the final plat is disapproved, the reasons for
disapproval accompanying the final plat.
C. Appeals
If the Commission disapproves the final plat, the applicant may appeal to the Council in
the manner prescribed as follows:
The applicant, Director or member of City Council may appeal the decision of the
Commission with regard to a land study, preliminary plat, final plat, replat, conveyance
plat or variance by filing a Notice of Appeal in the Office of the Director, no later than
ten (10) days after the date on which the Commission notifies the applicant of its decision.
Such notification may take place by means of an oral ruling by the commission at a public
meeting. Written notice of any appeal shall be sent to the property owner. The Notice
of Appeal shall set forth in clear and concise fashion the basis for the appeal. The Council
shall consider the appeal at a public meeting no later than 45 days after the date on which
the Notice of Appeal is filed. The Council may affirm, modify or reverse the decision of
the Commission and may, where appropriate, remand the plat, land study, or variance
request to the Commission for further proceedings consistent with Council's decision.
D. Certificate of Compliance
Upon final approval of a final plat required by these regulations, the Commission shall
issue to the person applying for approval a certificate stating that the final plat has been
approved by the Commission and/or the City Council. For purposes of this section, final
approval shall not occur until all conditions of approval have been met.
E. Signing and Recording of Final Plat
(1) When an improvement agreement and security are required, the Chairman of the
Commission, or the Mayor, if approval has been granted by the Council, and the
Director or City Engineer shall endorse approval on the final plat after the
agreement and security have been approved by the Commission, and all the
conditions pertaining to the final plat have been satisfied.
(2) When installation of public improvements is required prior to recordation of the
final plat, the Chairman of the Commission or the Mayor, if the plat has been
approved by the Council, and Director or City Engineer shall endorse approval on
the fmal plat after all conditions of approval have been satisfied and all public
improvements satisfactorily completed. There shall be written evidence that the
required public improvements have been installed in a manner satisfactory to the
City as shown by a certificate signed by the City Engineer stating that the necessary
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dedication of public lands and installation of public improvements has been
accomplished.
(3) It shall be the responsibility of the City Engineer to file the final plat with the County
Clerk. Simultaneously with the filing of the final plat, the City Engineer shall record
such other agreements of dedication and legal documents as shall be required to be
recorded by the City Attorney. The final plat, bearing all required signatures, shall
be recorded after final approval and within five working days of its receipt. One (1)
copy of the recorded final plat, with street addresses assigned, will be forwarded to
the property owner by the City Engineer.
F. Effect of Approval
Approval of a final plat shall certify compliance with the regulations of the City of Wylie
pertaining to the subdivision of land. An approved and signed final plat may be filed
with the County as a record of the subdivision of land and may be used to reference lots
and interests in property thereon defined for the purpose of conveyance and
development as allowed by these regulations.
The following certificate shall be placed on the plat, in a manner that will allow the filling
in of the certificate by the proper party.
G. Notice
Selling a portion of this addition by metes and bounds is a violation of City Ordinance
and State Law and is subject to fines and withholding of utilities and building permits."
"Recommended for Approval"
Date:
Chairman, Planning & Zoning Commission
City of Wylie, Texas
"Approved for Construction"
Date:
Mayor, City of Wylie, Texas
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"Accepted"
Date:
Mayor, City of Wylie, Texas
The undersigned, the City Secretary of the City of Wylie, Texas, hereby certifies that the
foregoing final plat of the
subdivision or addition to the City of Wylie was submitted to the City Council on the
day of 19 . and the Council, by formal
action, then and there accepted the dedication of streets, alleys, parks, easements, public
places, and water and sewer lines as shown and set forth in and upon said plat and said
Council further authorized the Mayor to note the acceptance thereof by signing his name
as hereinabove subscribed.
Witness my hand this
day of
,AD., 19_.
City Secretary
City of Wylie, Texas
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SECflON 5. . REQUIREMENTS FOR PUBLIC IMPROVEMENTS,
RESERVATION AND DESIGN
5.01 General Requirements
A. Plats Straddling Municipal Boundaries. Whenever access to the subdivision or
addition is required across land in another municipality, the Commission may request
assurance from that municipality's Attorney that access is legally established, and from
its Engineer that the access road is adequately improved, or that a bond has been duly
executed and is sufficient in amount to assure the construction of the access road. In
general, lot lines should be laid out so as not to cross municipal, county or school district
boundary lines.
B. Character of the Land. Land that the Commission finds to be unsuitable for subdivision
or development due to flooding, improper drainage, steep slopes, rock formations,
adverse earth formations or topography, utility easements, or other features which will
reasonably be harmful to the safety, health, and general welfare of the present or future
inhabitants of the subdivision or addition and/or its surrounding areas, shall not be
subdivided or platted unless adequate methods are formulated by the owner and
approved by the Commission, upon recommendation of the City Engineer, to solve the
problems created by the unsuitable land conditions.
C. Adequate Public Facilities Policy. The land proposed for subdivision must be
adequately served by essential public facilities and services. These services include street
access, water, waste water disposal, and drainage. No plat or replat may be approved
unless it conforms to this policy and its standards. This policy may be further defined
and supplemented by other ordinances adopted by the City of Wylie. This policy does
not apply to the approval of conveyance plats.
(1) Street Access - All platted lots must have safe and reliable street access for daily
use and emergency purposes.
(a) All platted lots must have direct access from an approved public street or an
approved public way, and connected by improved public streets to an improved
public thoroughfare.
(b) Except for lots which are provided access from an approved cul-de-sac, all
subdivisions must have two means of access or approach. Where development
phasing or constraints of the land prevent the provision of a second, separate
means of access, the city may accept a temporary street connection, or a median
divided street or divided entry to satisfy this requirement.
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(2) Water - All platted lots must be connected to a public water system which is capable
of providing water for health and emergency purposes.
(a) Except for lots along an approved cul-de-sac, all lots must be provided service
connections from a looped water main providing water flow from two
directions or sources.
(b) Water service must be sufficient to meet the fire flow requirements of the
proposed development, except where a suitable alternative means of fire
protection is approved in writing by the City Fire Chief.
(c) The City may accept development phasing, development restrictions, and/or
the construction of improvements to maintain adequate fire protection.
(3) Waste Water - All platted lots must be served by an approved means of waste water
collection and treatment.
(a) On-site waste water treatment systems will not be permitted, except for the
pretreatment of industrial waste.
(b) The projected waste water discharge of a proposed development shall not
exceed the capacity of the waste water system.
(c) The city may accept the phasing of development and/or improvements to the
systems so as to maintain adequate waste water capacity.
(4) Drainage - Increased stormwater runoff attributable to new development must not
exceed the capacity of the downstream drainage system or adversely affect
adjoining property. Where the projected runoff would exceed capacity, the city
may accept the phasing of development, the use of control methods such as
retention or detention, and or the construction of off-site drainage improvements
as means of mitigation.
D. Subdivision or Addition Name. The proposed name of the subdivision or addition shall
not duplicate, or too closely approximate phonetically, the name of any other subdivision
or addition in the area covered by these regulations and shall, where possible correspond
to named subdivisions or additions in the immediate vicinity. The Commission shall
have final authority to approve the name of the subdivision or addition.
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E. Corner and Reference Markers
(1) All lot corners shall be located and marked with one half (1/2) inch reinforcing bar,
eighteen (18) inches in length, and shall be placed flush with the ground or
preferably counter sunk, in order to avoid being disturbed.
(2) Iron rods, one inch in diameter and twenty-four (24) inches long, shall be placed
on all boundary corners, block corners, curve points, and angle points in public
rights-of-way. Monuments shall be located as required by the City Engineer and
shall be located along all drainage/floodway boundaries at all curve points, angle
points and at least one monument at lot corners. One monument may serve two
lots if located at a common corner.
5.02 Lot Design and Improvements
A. Lot Arrangement. The lot arrangement shall be such that there will be no foreseeable
difficulties, for reasons of topography or other conditions, in securing building permits
to build on all lots in compliance with the Zoning Ordinance, Building Code and other
applicable ordinances, laws and regulations. Driveway access shall be provided to
buildings on the lots from an approved street, alley or public way.
B. Lot Dimensions. Lot dimensions shall comply with the minimum standards of the
Zoning Ordinance. In general, side lot lines shall be at right angles to street lines (or
radial to curving street lines) unless a variation from this rule will give a better street or
lot plan. Dimensions of corner lots shall be large enough to allow for erection of
buildings. Depth and width of properties reserved or laid out for business, commercial,
or industrial purposes shall be adequate to provide for the off-street parking,
landscaping, and loading facilities required for the type of use and development
contemplated, as established in the Zoning Ordinance.
C. Double Frontage Residential Lots. Double frontage and reversed frontage lots shall be
avoided except where necessary to separate residential development from traffic
arterials or to overcome specific disadvantages of topography and orientation.
D. Blocks
(1) Blocks shall generally have sufficient width to provide for two (2) tiers of lots of
appropriate depths.
(2) The lengths, widths, and shapes of blocks shall be such as are appropriate for the
locality and the type of development contemplated, but block lengths in residential
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areas shall not exceed twelve hundred (1,200) feet., and should not exceed six
hundred (600) feet in business districts.
E. Non-residential Plats
(1) General. A non-residential plat shall be subject to all the requirements of these
regulations, except those that clearly pertain only to residential properties, as well
as such additional standards as may be required by the Commission, and shall
conform to the proposed land use and standards established in the Comprehensive
Plan and Zoning Ordinance. Site plan approval and plat approval may proceed
simultaneously at the discretion of the Commission.
(2) Design Principles. In addition to these regulations, which are appropriate to all
platting, the applicant shall demonstrate to the satisfaction of the Commission that
the street, parcel, and block pattern proposed is specifically adapted to the uses
anticipated and takes into account other uses in the vicinity. The following
principles shall be observed:
(a) Proposed non-residential parcels shall be suitable in area and dimensions to
the types of non-residential development anticipated.
(b) Street rights-of-way and pavement shall be adequate to accommodate the type
and volume of traffic anticipated to be generated thereupon.
(c) Residential areas shall be protected from potential nuisance from a proposed
non-residential plat.
(d) Streets carrying non-residential traffic, especially truck traffic, shall not
normally be extended to the boundaries of adjacent existing or future
residential areas.
(3) Frontage and Access Standards. All non-residential lots established following the
effective date of this ordinance shall meet the following frontage and access
criteria:
(a) Frontage - All non-residential lots abutting a Type C or higher thoroughfare
shall have a minimum 175 linear feet of frontage. All non-residential lots
abutting a Type D or lower thoroughfare shall have a minimum of 100 feet of
frontage.
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(b) Curb Cuts - All non-residential lots shall have, at a minimum, direct access to
one curb cut per street front, except where prohibited by the Thoroughfare
Standards Ordinance.
( c) When adjacent to a median divided street, all lots shall have access to a median
opening. Direct access should be provided where possible. If direct access is
not available, a corner lot shall have indirect access through a shared access
easement between it and adjacent properties. All off-corner lots shall have
direct access, or indirect access by platting a minimum of one half of the
intersecting drive as a shared access easement.
(4) Frontage Exception. Non-residential lots may be platted to a public way instead
of a dedicated street upon approval by the Director under the following conditions:
(a) Within a regional mall development requiring an internal circulation system;
(b) For a public utility facility which precedes street extensions;
(c) Where access to a public street will be removed by construction of an overpass
or other required facility.
A public way must be constructed to minimum fire lane standards. Access and/or
utilities must be provided within the required frontage on a dedicated street or
public way.
F. Soil Preservation and Final Grading. Top soil shall not be removed from residential
lots or used as spoil, but shall be redistributed so as to provide at least six (6) inches of
cover on the lots and parkways. Permanent erosion control measures, such as grassed
parkways, shall be provided throughout the development prior to final acceptance of the
improvements.
G. Lot Drainage. Drainage for lots shall be designed in accordance with the City's Storm
Water Design Manual. Lots shall be laid out so as to provide positive drainage away
from all buildings and individual lot drainage shall be coordinated with the general storm
drai.I1.age pattern for the area. Drainage shall be designed so as to avoid concentration
of storm drainage water from each lot to adjacent lots. The land shall be platted with
appropriate regard for all topographical features. Contours shall be provided at an
interval of two feet or less.
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H. Debris and Waste. No cut trees, timber, debris, large rocks or stones, junk, rubbish or
other waste materials of any kind shall be buried in any land, or left or deposited on any
lot or street at the time of final acceptance by the City Engineer, and removal of those
items and materials shall be required prior to such acceptance. No items and materials
as herein described shall be left or deposited in any area of the subdivision or addition
at the time of expiration of any improvement agreement or acceptance of dedication of
public improvements, whichever is sooner. However, dirt or topsoil may be stockpiled
on a property with approval of the City Engineer.
I. Improvement Agreement and Security to Include Lot Improvements for Residential
Subdivisions. The applicant shall enter into a improvement agreement secured by
suitable surety to guarantee completion of all lot improvement requirements including,
but not limited to, soil preservation, removal of debris and waste, and all other lot
improvements required by the City Engineer. Whether or not a building permit or
certificate of occupancy has been issued, the City may enforce the provisions of the
improvement agreement where the provisions of this section or any other applicable law,
ordinance, or regulation have not been met.
5.03 Thoroughfare Screening
Where subdivisions or additions are platted so that the rear yards of residential lots are
adjacent to a dedicated roadway or separated from a roadway by an alley or service road, the
owner shall provide screening at his sole expense. The Planning & Zoning Commission may
waive or modify, in exceptional cases, this requirement. A screening plan, including
elevations and materials, shall be submitted with the preliminary plat. All forms of screening
shall conform to the requirements of the ordinances of the City governing the sight distance
for traffic safety and other City ordinances. Screening shall conform to alternative design
requirements and specifications approved by the City as contained within the Thoroughfare
Screening Ordinance.
5.04 Streets and Thoroughfares
A. Adequacy of Streets and Thoroughfares. All streets and alleys shall be designed and
platted in conformance with the Major Thoroughfare Plan, the Thoroughfare Standards
Ordinance, and other valid development plans and policies approved pursuant to these
regulations. Access to all lots must be suitably improved or secured by provisions
contained in these regulations.
B. Design Standards
(1) General. In order to provide for streets of suitable location, width, and
improvement to accommodate prospective traffic and afford satisfactory access to
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police, fire figh ting, sanitation, and street-maintenance equipment, and to
coordinate streets so as to compose a convenient system and avoid undue hardships
to adjoining properties, an adequate street and thoroughfare system shall be
designed in accordance with the standards set forth in these regulations, together
with those contained in the Thoroughfare Standards Ordinance and the Standard
Specifications for Public Works Construction. The Thoroughfare Standards
Ordinance, the Standard Specifications for Public Works Construction, and the
Standard Construction Details are incorporated herein by reference. In the event
of a conflict between these or other regulations and those contained in such
documents, the more specific and/or restrictive provisions between these or other
regulations and those contained in such documents, the more specific and/or
restrictive provisions shall be applied. Paving and other improvements are subject
to the participation policies stated in Section 6 of these regulations.
(2) Street Paving and Improvements. Mter sewer and water utilities have been
installed by the owner, the owner shall construct roadways to the widths prescribed
in these regulations. Adequate provision shall be made for culverts, drains, and
bridges. All street pavement, drainage improvements and structures, turnarounds,
and sidewalks shall conform to all construction standards and specifications
contained or referenced in these regulations and shall be incorporated into the
construction plans required for plat approval. Specific design standards are
incorporated in the Thoroughfare Standards Ordinance and Standard
Specifications for Public Works Construction.
(3) Alleys. Alleys for front entry lots shall be constructed a minimum of 10 feet in
width within a minimum 15-foot right-of-way. Alleys for rear entry lots shall be
constructed a minimum 12 feet in width within a minimum 20-foot right-of-way.
Wider alleys, required for drainage or other purposes, shall be constructed in
right-of-ways approved by the City Engineer. Alley turnouts shall be a minimum
of 12 feet in width at the street right-of-way line or the width of the alley, whichever
is greater. Paving in alleys adjacent to masonry screening walls shall be constructed
a minimum of 12.5 feet in width and shall abut the screening wall. Alleys for other
than residential uses shall be dedicated and paved a minimum of 20 feet in width.
The owner shall construct the full width of the alley at his own cost.
(4) Median Openings. Median openings, median pavers and left-turn lanes, including
channelizing buttons, constructed to serve dedicated streets in a development, or
to serve private drives, shall be installed and paved to City standards by the owner.
There shall be a minimum of two hundred (200) feet between median openings.
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(5) Acceleration and Deceleration Lanes. Acceleration or deceleration lanes shall be
installed by the owner when required by the Thoroughfare Standards Ordinance
and constructed to the same standards as the adjoining street.
(6) Other street or alley sections may be used if approved by the City Council.
(7) Gradient. Streets and alleys shall be designed with a minimum gradient of 0.5%
and a maximum gradient of 5.0% unless otherwise approved by the City Engineer.
(8) Intersections. The intersections of streets, alleys and officially approved places
shall be laid out and constructed in accordance with the specifications in the
Thoroughfare Standards Ordinance.
(9) Traffic Buttons. The owner shall be responsible for the installation of traffic
buttons which are necessary for the safe transition or channelization of traffic.
When required by the City Engineer, such as on Type D or wider thoroughfares,
the owner shall install traffic buttons for lane dividers. The costs of these lane
divider buttons shall be reimbursed by the City in accordance with the City's
reimbursement policy. All traffic buttons shall be installed per City standards.
(10) Reserve Strips. The creation of reserve strips shall not be permitted in such a
manner as to deny access from adjacent property to any street, alley or officially
approved place.
(11) Grading and Improvement Plan. Streets shall be graded and improved in
conformance with the City's construction standards and specifications and shall be
approved as to design and specifications by the City Engineer, in accordance with
the construction plans required to be submitted prior to final plat approval.
(12) Topography and Arrangement.
(a) Streets shall be related appropriately to the topography. Local streets shall be
curved wherever possible to avoid conformity of lot appearance. All streets
shall be arranged so as to obtain building sites when possible at, or above, the
grades of the streets. Grades of streets shall conform as closely as possible to
the original topography. A combination of steep grades and curves shall be
avoided.
(b) All streets shall be properly integrated with the existing and proposed system
of streets and dedicated rights-of-way as established on the City's
Thoroughfare Plan. Type F and G streets shall be designed to discourage use
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by through traffic, to permit efficient drainage and utility systems, and to
require the minimum number of streets necessary to provide convenient and
safe access to property.
(c) Proposed streets shall be extended to the boundary lines of the tract to be
platted, unless prevented by topography or other physical conditions, or unless
in the opinion of the Commission such extension is not necessary or desirable
for the coordination of the layout of the subdivision or addition with the
existing layout or the most advantageous future development of adjacent
tracts.
(13) Continuation of Streets and Cul-de-sacs.
(a) Continuation of Streets. The arrangement of streets shall provide for the
continuation of principal streets between adjacent properties.
(b) If the adjacent property is undeveloped and the street must temporarily be a
dead end street the right-of-way shall be extended to the property line.
(c) Cul-de-sacs. For greater convenience to traffic and more effective police and
fire protection, permanent dead end streets shall, in general, be prohibited.
However, the Commission may require the reservation or dedication of an
appropriate easement to accommodate drainage facilities, pedestrian traffic,
or utilities. A cul-de-sac turnaround shall be provided at the end of a
permanent dead end street in accordance with City construction standards and
specifications.
(d) Temporary dead end streets. The City may require the construction of
temporary dead end streets in order to provide for the future connection of
subdivisions and to ensure reasonable access and avoid excessive street length.
(14) Street and Alley Length.
(a) Streets and alleys shall not exceed 1,200 feet in length between intersections
(outlets).
(b) No cul-de-sac unless otherwise authorized shall exceed 600 feet in length,
which is to be measured from the centerline of the street with which it
intersects to the center point of the cul-de-sac.
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(c) Street and alley lengths longer than those specified in this section shall require
approval of a variance. In reviewing a variance, the Commission shall consider
the following:
i. Alternative designs which would reduce street or alley length;
ii. The effect of overlength streets or alleys on access, congestion and delivery
of municipal services; and
iii. Means of mitigation, including but not limited to increased street width,
mid-block turnarounds, limitation on the number oflots to be created and
served, temporary points of access, and additional fire protection
measures.
(15) Street Names and Signs.
(a) Street names must be submitted to the Engineering Department for approval
in accordance with the City's guidelines for the naming of streets. The
Engineering Department will maintain an index of street names which will
contain these guidelines.
(b) The property owner shall provide payment for street name signs for the
development. The price of each street name installation shall include cost of
the sign assembly, pole, and installation. Payment by the property owner will
be due prior to approval of the engineering plans by the City Engineer.
(c) Street name signs shall be installed in accordance with the Cityts guidelines
before issuance of building permit for any structure on the streets approved.
(16) Street Lights. Street lighting shall conform to the latest edition of the Illumination
Engineering Society Handbook. Round tapered standards with bracket arms shall
be used. Lighting levels, as recommended, shall be provided for very light traffic
in residential areas, medium traffic on collector streets and heavy traffic on
thoroughfares.
Initial cost of installation of street lighting and conduit for street lights and traffic
signals shall be borne by the subdivider.
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C. Street Dedications and Reservations
(1) Dedication of Right-of-Way. The property owner shall provide all right-of-way
required for existing or future streets, including perimeter streets, as shown in the
Thoroughfare Plan or other valid development plans approved by Planning &
Zoning Commission or City Council. In the case of perimeter streets, half of the
total required right-of-way for such streets shall be provided. However, in some
instances more than half shall be required depending on the actual or proposed
alignment of the street. A minimum parkway width of ten feet shall be provided
along existing constructed thoroughfares. In such cases, no additional right-of-way
will be required, except at intersections or other locations when deemed necessary
by the City Engineer. Standard right-of-way widths for City streets are as
specifically set forth as follows:
Type of Street Deshmation Standard Ri2;ht-of-Wav Width
Expressway A 144' - 244'
Major Thoroughfare B + 140'
Major Thoroughfare B 130' - 160'
Major Thoroughfare C 110'
Secondary Thoroughfare D 92'
Secondary Thoroughfare E 65'
Secondary Thoroughfare F 60'
Residential Street G 50'
(2) Perimeter Streets. Where an existing half-street is adjacent to a new subdivision
or addition, the other half of the street shall be dedicated and improved by the
developer of the addition.
(3) Slope Easements. The dedication of easements, in addition to dedicated
rights-of-way shall be required whenever, due to topography, additional width is
necessary to provide adequate earth slopes. Such slopes shall not be in excess of
three feet horizontal to one foot vertical.
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D. Street Construction. The owner shall construct all streets or thoroughfares to City
standards in rights-of-way as required by the Thoroughfare Plan, subject to participation
policies stated in Section 6 of these regulations. Streets (including sidewalks) which dead
end at power lines, railroad, or similar rights-of-way, and are intended for future
extension shall be constructed in the full right-of-way as required by the Thoroughfare
Plan for half the distance across such right-of-way for each side. Widths shown below
are back to back of curbs and required on both sides of divided streets, Type A through
D. Developers of property abutting only one side of a street are responsible for the
minimum paving widths shown below. The minimum paving widths for the various types
of streets shall be as follows:
Minimum Ultimate Paving Width Median
Type Street Pavin~ Width (Face to Face) (Face to Face)
A 25 Feet 6/12' (72') 28'
B+ 25 Feet 8/12t (96') 20t
B 25 Feet 6/12' (72') 24'
C 25 Feet 6/11' (66') 24'
D 25 Feet 4/12' (48t) 24'
E 23 Feet 4/11' (44') None
F 23 Feet 36' None
G 27 Feet 26' None
Retail, Commercial, 37 Feet 36' None
Industrial, Apartment
or similar uses
E. Improvement, Widening and Realignment of Existing and Proposed Streets. Where a
subdivision or addition borders a substandard street or when the Thoroughfare Plan
indicates plans for realignment, widening or constructing a street that would require use
of some of the land in the subdivision or addition, the applicant shall be required to
improve and dedicate those areas for widening or realignment of those streets, as follows:
(1) When a proposed subdivision or addition abuts or will abut both sides of a
substandard street or a proposed street in the major thoroughfare plan, the owner
shall be required to improve the substandard street or proposed street so that it
will be a standard street, including sidewalks. The minimum street paving width
shall be shown in Section 5AD. of this article.
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(2) If the proposed subdivision or addition is located along only one side of a
substandard street or a proposed street in the major thoroughfare plan, the owner
shall be required to improve his side of the substandard street or proposed street,
including sidewalks, so that it will be a standard street The minimum street paving
width shall be as shown in Section 5AD. of this article. The owner may, however,
petition the City to construct the improvements herein required, subject, upon
approval, to the City's escrow policies stated in Section 6 of these regulations.
(3) When a arterial street (Type C or greater) is to be extended through a property to
intersect with another arterial street, the full six lanes shall be constructed for a
minimum distance of 350 feet from the point of intersection. From that point the
pavement width may be decreased to four lanes, with provision of an appropriate
transition in paving width. If property abutting only one side of the proposed
thoroughfare is to be developed, then three full lanes will be constructed, including
left turn lane and transition. This provision will not require widening an existing
intersection that already provides four through lanes.
G. Access from Residential Subdivisions or Additions. Residential lots must have a
minimum frontage of24 feet on a dedicated street, except where varied through approval
of a Planned Residential Development. Where subdivisions or additions are platted so
that the front yards of single-family residential lots are adjacent to a dedicated roadway,
the owner shall provide at his sole expense one of the following types of treatment:
(1) For thoroughfares designated Type A, B +, C, or D (in the Comprehensive Plan),
no residential lot shall have direct access to the thoroughfare unless a service road
is provided adjacent to the thoroughfare.
(2) For thoroughfares designated Type E, lots may have direct driveway access to the
street provided that the following development standards are complied with:
(a) A minimum lot width of 100 feet.
(b) A minimum front yard setback of 50 feet.
( c) A circular driveway shall be provided with a minimum of six off-street paved
parking spaces.
(3) For streets designated Type F or G, lots may have direct access to the street if other
requirements of the Thoroughfare Standards Ordinance are met.
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5.05 Sidewalks and Bikeways
A. Sidewalks. Sidewalks shall be constructed in accordance with the Thoroughfare
Standards Ordinance of the City of Wylie for all lots adjoining dedicated streets, along
major thoroughfares where lots do not adjoin the street, along power line easements and
in other areas where pedestrian walkways are necessary. Sidewalk construction may be
delayed until development oflots, but in locations not adjacent to lots and across bridges
and culverts, the sidewalk shall be constructed with the other improvements to the
subdivision or addition. Sidewalks adjacent to screening walls shall generally be placed
against the screening walls to the subdivision or addition. Routing to clear poles, trees
or other obstacles shall be subject to approval by the Engineering Department.
B. Pedestrian Accesses. The Commission may require, in order to facilitate pedestrian
access from the streets to schools, parks, playgrounds, or other nearby streets, perpetual
unobstructed easements at least fifteen (15) feet in width. Easements shall be indicated
on the plat.
C. Bikeways. Hike and bike sidewalks, designed and located according to city standards,
shall be constructed along streets designated for hike and bike trails. Such sidewalks
shall be built by the owner at the time of site development, or, the owner may petition
for the City to construct such facilities, subject to escrow policies stated in Section 6 of
these regulations.
5.06 Drainage and Storm Sewers
A. General Requirements
All plats shall conform to the City's Adequate Public Facilities Policies for drainage
facilities.
B. Design of Facilities
(1) Standards: Design of storm sewer systems shall be in accordance with the Storm
Drainage Design Manual. Materials and construction shall conform to the
Standard Specifications and Standard Construction Details of the City. Plans shall
be submitted with the plat.
(2) Accommodation of Upstream Drainage Areas: A culvert or other drainage facility
shall in each case be large enough to accommodate potential runoff from its entire
upstream drainage area, whether inside or outside the subdivision or addition. The
owner's engineer shall initially determine the necessary size of the facility, based
on the provisions of the construction standards and specifications assuming
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conditions of maximum potential watershed development permitted by the Zoning
Ordinance, subject to approval by the City Engineer.
(3) Effect on Downstream Drainage Areas: The owner's engineer, subject to approval
by the City Engineer, shall study the effect of each addition's storm runoff on the
existing underground drainage facilities immediately downstream of the addition.
Where it is determined that existing capacity is not available immediately
downstream, the owner's engineer shall design a drainage system, detention
facility, or parallel system to mitigate the deficiency. The Commission may
withhold approval of the plat until such mitigation has been provided. If oversize
improvements are required, then the City shall participate in the cost as prescribed
by this Ordinance.
(4) Location: In general, drainage shall be provided in an underground system
constructed in streets, alleys, or in easements. If approved by the City Engineer,
the owner may provide, at his own expense, a drainage easement of sufficient width
to permit excavation and maintenance of an open channel of satisfactory depth and
width. The Owner shall complete all necessary excavation on the channel and shall
sod or seed the channel to prevent erosion. Unless the excavation channel bottom
is Austin Chalk, limestone, or other similar acceptable rock, a reinforced concrete
pilot channel of sufficient width may be required by the City Engineer to prevent
erosion and/or for access purposes.
(5) Construction of Underground Facilities: An owner may choose to install drainage
facilities underground to save land space, where normally an open channel would
be approved by the City, subject to approval by the City Engineer and subject to
participation policies as prescribed by this Ordinance.
(6) Detention Facilities: Lakes, detention ponds, and retention ponds may be
constructed in all areas provided they are approved by the City Engineer. The City
may assume maintenance responsibilities for this type of facility only if title to the
facility and sufficient surrounding area for access passes to the City, and if approved
by the Council; however, easements shall be provided to ensure protection of these
areas for maintenance purposes.
(7) Alternate Facilities: Other innovative drainage concepts will be considered if
approved by the City Engineer. Any City costs must be approved by the City
Council.
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C. Creeks and Flood Plains
(1) Flood Plain Restrictions: The Commission shall, when it deems it necessary for
the health, safety, or welfare of the present and future population of the area and
necessary to the conservation of water, drainage, and sanitary facilities, or where
prohibited by Flood Plain Zoning, prohibit development of any portion of the
property which lies within the flood plain of any stream or drainage course. These
flood plain areas shall be preserved from any and all destruction or damage
resulting from clearing, grading, or dumping of earth, waste or material, or stumps,
except as specifically approved by the Commission, or other duly authorized
representative.
(2) Creek Restrictions: Major creeks shall remain in open natural condition; smaller
creeks or drainage ways may be channelized provided they meet the criteria of the
Storm Drainage Design Manual. When a creek or excavated channel is to remain
open, or in its natural condition, it shall meet one of the following requirements:
(a) For abutting single-family residential lots, dedication of drainage and
maintenance easements for the creek or drainage way to the City, pursuant
to Subsection (d). The Commission may waive this dedication requirement
only for the following exceptions:
i. Replats which were originally platted prior to the dedication
requirement, if allowed by the City Engineer.
ii. Subdivisions of five (5) lots or less, as approved by the City Engineer.
(b) Creeks and drainage ways may be retained as a part of a non-residential lot,
and it shall be the property owner's responsibility to maintain this area,
except as otherwise provided. A maintenance easement shall be granted to
the City and shall grant the right but not the obligation to maintain and
construct drainage facilities if the creek or drainage way is not being properly
maintained. A lien may be filed against the property in favor of the City to
secure payment of any expenses incurred by the City for maintenance.
( c) Creek or drainage ways may be owned and maintained by an approved
maintenance entity, other than individual residential lot owners provided the
maintenance area is set forth by easement. A maintenance entity may include
homeowner's associations, apartment complexes, or similar uses. The
maintenance entity's by-laws and covenants filed of record, if any, shall
provide for ongoing maintenance. The easement shall authorize a lien
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against individual abutting lots in favor of the City to secure the payment to
the City for any expenses incurred by the City for maintenance in the event
of default by the maintenance entity.
(d) Non-residential properties may create an entity to maintain creeks or
drainage ways, provided the maintenance area is set forth by easement and
the entity's by-laws, filed of record, provide for on-going maintenance. Such
easements shall authorize a lien against individual abutting properties in
favor of the City to secure payment for any expenses incurred if the
maintenance entity is not properly maintaining the creek or drainage way.
Adequate floodway easements and drainage easements shall be required that
give the City the right but not the obligation to maintain and construct
drainage facilities if, in the City's sole opinion, the maintenance entity is not
properly maintaining the creek or drainage way.
(e) Where the City has designated a floodway or floodplain as part of the City
Park system, one of the following shall be provided:
i. Parallel streets fronting along the park.
ii. Cul-de-sacs which provide public access fronting on the park.
iii. Loop street which provide public access fronting on the park.
In all cases, the City shall approve the proposed street alignment fronting on
City parks.
D. Dedication of Drainage Easements
(1) General Reqnlrements' When a subdivision or addition is traversed by a
watercourse, drainage way, channel, or stream, there shall be provided a storm
water or drainage easement conforming substantially to the line of such
watercourse, and of such width and construction as will be adequate for the
purpose. Wherever possible, it is desirable that the watercourse be maintained as
an open channel with landscaped banks and of adequate width for maximum
potential volume of flow.
(2) Access Easements: The property owner must provide sufficient access on each
side of and parallel to creeks or drainage ways for maintenance purposes. The
access shall be above the base flood elevation and accessible to vehicles and
equipment. Access must also be provided at a maximum 1200 foot spacing along
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streets or alleys. The location and size of the access easement shall be determined
by the City Engineer. The maximum width of the access easement shall be fifteen
(15) feet. Permanent monuments, the type and locations of which to be
determined by the City Engineer, shall be placed along the boundaries of the access
easement and private property. This access easement shall be included in the
dedication requirements of this section.
(3) Drainage Easements On-Site: Where topography or other conditions are such as
to make impractical the inclusion of drainage facilities within street rights-of-way,
perpetual, unobstructed easements as wide as the drainage course or at least ten
(10) to fifteen (15) feet in width, depending on slopes shall be provided for drainage
facilities across property outside the street lines and with satisfactory access to the
street. Easements shall be indicated on the plat. Drainage easements shall extend
from the street to a natural watercourse or to other drainage facilities. Drainage
easements shall also be provided for the natural watercourse or other drainage
facilities.
(4) Drainage Easements Off-Site: When a proposed drainage system will carry water
across private land outside the subdivision or addition, appropriate drainage
easements must be secured.
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SECTION 6 . PARTICIPATION AND ESCROW POLICIES
6.01 Participation Policies
A. City's Share of Improvement Costs
The City shall participate in the costs of public improvements which are not for the
primary benefit of the development and which have been oversized to serve
developments other than for which the plant has been submitted for approval, only to
the extent and according to the standards stated in this article and pursuant to the
procedures herein set forth and only if an Improvement Agreement is entered into
between the City and owner as provided in these regulations which conforms to the
requirements of Article 2368a Section 2c, Vernon's Annotated Civil Statutes, as
amended, and as later codified in the local government code.
B. Owner's Responsibility
(1) The property owner shall be responsible for the entire costs of designing and
installing all public improvements which primarily serve the subdivision or
addition. Facilities required by these regulations, unless listed in Section 6.2,
shall be considered as primarily serving the subdivision or addition unless
otherwise determined by the City.
(2) The property owner shall also be responsible for its share of the costs of oversized
or off-site public improvements needed to assure adequacy of public facilities and
services for the addition or subdivision, subject to participation and escrow
policies contained in this article.
(3) The property owner shall be responsible for extending streets, water, sewer or
drainage facilities off-site to his property as required by the Commission and/or
required to ensure adequacy of public facilities.
(4) Should the subdivision or addition abut an existing water or sanitary sewer line
installed by someone other than the City, the owner shall pay to the City a
"Developers Liability" charge to be refunded to the original installer of the line,
as prescribed in the Pro-Rata Ordinance of the City.
(5) Should a lift station, either temporary or permanent, be necessary to provide a
sanitary sewer service to the subdivision or addition, the property owner shall
construct the station and all appurtenances, at his own expense. If and when the
lift station is no longer needed, the installation will, unless other provisions are
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made, remain the property of the ~ity of Wylie for reuse or disposal. A
"Developers Uability" charge for such lift stations and appurtenances may be
established as prescribed in the Pro-Rata Ordinance of the City.
6.02 Facilities Eligible for City Participation
The City shall participate in the costs of installing public improvements according to the
following schedule:
A. The City shall reimburse the property owner or developer for 100% of the following
costs:
(1) Costs of paving streets and thoroughfares for the portion of the width of pavement
exceeding thirty-seven (37) feet for internal streets and eighteen and one-half
(18.5) feet (per side) for divided thoroughfares. Costs include those for
pavement, lime stabilization and excavation to a depth equal to the distance from
the top of the curb to the top of stabilized subgrade for that width of street paving
wider than thirty-seven (37) feet or eighteen and one-half (18.5) feet on each side
in the case of a divided thoroughfare.
(2) Paving costs for streets and thoroughfares for that portion of the require paving
thickness exceeding eight (8) inches.
(3) The costs of left-turn lanes and median openings on Type "D" or wider
thoroughfares intersecting Type "D" or wider thoroughfares.
(4) Costs of the portion of grade-separated intersections which require paving in
excess of thirty-seven (37) feet in width (18.5 feet per side).
(5) Costs of installing conduit for street lights and traffic signals along Type "D" or
wider thoroughfares.
(6) A portion of the costs of all water or sanitary sewer pipelines larger than twelve
(12) inches, subject to the provisions of the City's pro-rata ordinance. City
participation shall be based upon the difference in cost between a standard twelve
(12) inch diameter pipeline and the size pipeline actually installed, including
embedment, manholes, special fittings and other appurtenances necessary for)complete sanitary sewer pipeline installation.
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B. The City shall reimburse the property owner or developer twenty-five percent (25%)
of the following costs:
(1) Street crossings (bridges or culverts), for residential developmentst with an
opening larger than that of a double seventy-two (72) inch pipe culvert. The cost
of the structure shall be based on a standard, basic culvert or bridge including
rip-rap, if required by the City Engineer, for erosion control.
(2) That portion of storm sewers, for residential developments, exceeding
seventy-two (72) inches in diameter.
(3) The costs of constructing a pilot channel lining, for residential developments, if
approved by the City Engineer pursuant to Section 5.5.
(4) Costs of constructing railroad crossings and signals, which are charged by the
Railroad Company. The remaining seventy-five percent (75%) of the costs shall
be borne equally by the owners of the four quadrants of the intersection of the
street and the railroad.
C. The City shall reimburse the property owner or developer ten percent (10%) of the
following costs:
(1) Street crossings (bridges or culverts), for non-residential developments, with an
opening larger than that of a double seventy-two (72) inch pipe culvert. The cost
of the structure shall be based on a standard, basic culvert or bridge including
rip-rap, if needed, for erosion control.
(2) That portion of storm sewers, for non-residential developments, exceeding
double seventy-two (72) inches in diameter.
(3) The costs of constructing a pilot channel lining, for non-residential developments,
if approved by the City Engineer pursuant to Section 5.5.
6.03 Limitation and Exceptions
Notwithstanding Section 6.2, the City shall not participate in the following costs:
A. Those portions of the costs of any public improvements not expressly described in
Section 6.2.
B. Costs of clearing and grubbing for streets and thoroughfares, and preparation of ROW.
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C. Costs of constructing streets built wider than called for in the Thoroughfare Plan.
D. Costs oflights, decorative finishes or other similar expenses, unless required by the City
Engineer.
E. Costs of pipe headwalls, regardless of pipe size, or the costs of retention/detention
ponds or slope protection, except rip-rap under a bridge.
F. When reimbursing the property owner or developer pursuant to this Article, the City
of Wylie shall pay a maximum of 6% of the Cityts participation cost for engineering
fees, which includes surveying, construction staking and supervision, and the City shall
not be responsible for any other incidental expenses or costs.
6.04 Procedures for City Participation
A. Definitions
For purposes of Article VI, the following terms shall have the following meanings:
(1) Contiguity: The term "contiguous" shall mean that the reimbursable
improvements are within the boundaries of, or abutting the perimeter of, a
developed subdivision or addition.
(2) Developed Su hdivision or Addition: Property for which a final plat has been filed
for record in the county in which the property is located, and the public
improvements required by the City have been installed by the property owner
and have been accepted by the City.
B. Application for Participation
In order to initiate a reimbursement request, the Owner must establish a front foot
oversize cost for the reimbursable public improvements. Requests for reimbursement
to the Owner of cost of oversize paving, drainage, water and sanitary sewer mains shall
include the Owner's name and mailing address. The request must include as-built
drawings showing the reimbursable items, a copy of the Contractor's bid for
construction, final payment with quantities and unit costs, oversize calculations for all
reimbursement items, and a project location map.
C. Precondition to Processing Request
Participation requests will be processed after the public improvements are accepted by
the City. Reimbursement requests for on-site oversizing will be processed in the order
of their receipt and subject to City Council approval as appropriate. Requests
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exceeding funds available shall be scheduled for payment as a part of the next year's
Capital Improvements Program, subject to available funding. However, all oversize
participation shall be refunded no later than five years following the date of final
acceptance of the public infrastructure improvements. In the case of off-site public
improvements, participation will be processed after a development is accepted which
contains or abuts the off-site improvements. All participation will be made in
accordance with Paragraph (D) of this section.
D. City Engineer Determination
The City Engineer shall determine the City's participation in the cost of public
improvements, in accordance with the criteria in Section 6.1 through 6.3. Payments
shall be allocated to a development on a front foot basis and shall be made as follows:
(1) As property is platted and developed adjacent to the off-site public infrastructure
improvements, the City will reimburse oversize costs for that portion contiguous
to the property. Oversize costs will be reimbursed to the initial developer after
final acceptance by the City of the public improvements. Oversize
reimbursement will not be made with filing of a conveyance plat.
(2) Reimbursement funds for the City's share of the public infrastructure
improvements will be as scheduled in the Annual Capital Improvements
Program. However, all oversize participation shall be refunded no later than five
years following the date of final acceptance of the public infrastructure
improvements.
E. Funding
The City will annually prepare a Capital Improvement Program, a component of which
will generally identify funds for payment of oversize participation. Funds will be
designed individually from the appropriate source for both street and drainage and
water and wastewater projects. Requests in excess of available funding will be deferred
for future allocations.
6.05 Escrow Policies and Procedures
A. Deposit with City
Whenever the City agrees to accept escrow deposits in lieu of construction by the
Owner of the property under these regulations, the property owner or developer shall
deposit an amount equal to his share of the cost of design and construction in escrow
with the City. Such amount shall be paid prior to release of construction plans by the
City Engineer. In lieu of such payment at such time, the City may permit the property
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owner to contract with the City and shall agree in such contract that no building permit
shall be issued for any lot included within said plat, or increment thereof, until the full
amount of the escrow is paid, or a pro-rata part thereof for the full increment if
developed incrementally. The obligations and responsibilities of the property owner
shall become those of property owner's transferees, successors and assigns; and the
liability therefor shall be joint and several.
B. Determination of Escrow Amount
The amount of the escrow shall be determined by using the average of the comparable
bids awarded by the City in the preceding six (6) months or, if none exist, then in the
preceding year or, if none exists current market value of construction as determined by
an estimate by the City Engineer. Such determination shall be made as of the time the
escrow is due here under.
C. Termination of Escrow
Escrows which have been placed with the City under this section which have been held
for a period of ten (10) years from the date of such payment or agreement, in the event
that the City has not authorized the preparation of plans and specifications for
construction of such roadway facilities for which the escrow was made, shall upon
written request be returned to the property owner, with accrued interest. Such return
does not remove any obligation of the owner for construction of the required facilities
if a building permit has not been issued on the subject lot or if a new building permit
is applied for.
D. Refund
If any street or highway for which escrow is deposited for, is constructed, or is
reconstructed by another governmental authority at no cost to the City, the escrowed
funds and accrued interest shall be refunded to the property owner or developer after
completion and acceptance of the public improvements. In the event that a portion of
the cost is borne by the City and the other portion of the cost by another governmental
authority, the difference between the owner's actual proportionate cost and the
escrowed funds, including accrued interest, if any, shall be refunded after completion
and acceptance of the improvements.
E. Interest Limitation
If money is refunded within six months of deposit, only the principal will be refunded.
Monies returned after this date will be refunded with interest accrued, calculated at
1 % less than the rate of actual earnings.
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6.06 Payment of Fees, Charges, and Assessments
As a condition of plat approval, the property owner shall pay all fees, charges and
assessments required to assure adequacy of public facilities to the subdivision or addition,
as may be imposed under these or other regulations of the Oty.
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SECTION 7.. FILING FEES AND CHARGES
7.01 Fees Required to be Paid Before Action can be Taken
A subdivider and/or developer is hereby required to pay the current fees, as established by
the City Council through a separate ordinance, when any plat is tendered to the City Secretary
for consideration by the Planning & Zoning Commission. Each of the required fees and
charges shall be paid in advance and no action by the Planning & Zoning Commission, or
any official or employee of the City shall be valid until the fee or fees shall have been paid
to the City Official designated to receive said fee or fees.
7.02 Fees are Non-Refundable
The fee shall be charged on all plats regardless of the action taken by the Planning & Zoning
Commission and whether or not the City Council approves or disapproves the plat.
7.03 Development Inspection Fee
Before commencing construction, the developer shall pay a development inspection fee as
specified by the City of Wylie's fee ordinance. No construction or development work may
commence until such fee has been paid in full for the entire development or for the phase
which is under construction. This fee is paid to cover the cost of inspections made during the
construction of the public works facilities which are anticipated to be dedicated to the City
of Wylie upon completion of final acceptance. Such fee does not cover any of the cost
associated with the testing or laboratory work which may be required of the developer in
order to establish that such construction does meet City specifications.
The City may employ the services of an Engineering Testing Laboratory to make inspections,
perform services related to checking the quality of the work, and to sample and test the
materials to be used in the work. The Owner or Developer shall furnish, at his own expense,
all necessary specimens for testing of the materials and when requested shall furnish a
complete written statement of the origin, composition, and/or manufacturer of any or all
materials that are used in the work. The inspections and quality control service does not
relieve the developer of his responsibility with regard to constructing the work in accordance
with design standards. If the contractor fails to meet the specified conditions by the second
test, further tests to demonstrate compliance with the design standards shall be at the sole
expense of the developer.
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SECTION 8. . COMPLETION AND MAINTENANCE OF IMPROVEMENTS
8.01 Improvements and Subdivision Improvement Agreement
A. Completion of Improvements. Except as provided below, before the final plat is signed
by the Chairman of the Commission or Director, all applicants shall be required to
complete, in accordance with the City's decision and to the satisfaction of the City
Engineer, all the street, sanitary, and other public improvements, as well as lot
improvements on the individual residential lots ofthe subdivision or addition as required
in these regulations, specified in the final plat, and as approved by the Commission, and
to dedicate those public improvements to the City. As used in this Section, "lot
improvements" refers to grading and installation of improvements required for proper
drainage and prevention of soil erosion.
B. Improvement Agreement and Guarantee
(1) Agreement. The Commission, upon recommendation of the Director, may waive
the requirement that the applicant complete and dedicate all public improvements
prior to approval of the final plat, and may permit the property owner to enter into
an improvement agreement by which the property owner covenants to complete all
required public improvements no later than two (2) years following the date on
which the final plat is signed. The Commission may also require the property owner
to complete and dedicate some required public improvements prior to approval of
the final plat and to enter into an improvement agreement for completion of the
remainder of the required improvements during such two-year period. The owner
shall covenant to maintain the required public improvements for a period of one (1)
year following the acceptance by the City of all required public improvements will
be free from defect for a period of one (1) year following such acceptance by the
City. Nothing in this section shall nullify the City's obligation to participate in the
construction of oversize facilities.
(2) Improvement Agreement Required for Oversize Reimbursement. The City shall
require an improvement agreement pertaining to any public improvement for which
the developer shall request reimbursement from the City for oversize costs as
provided in Section 5. The Planning & Zoning Commission shall authorize the
approval of such agreement as meeting the requirements of the City, and the City
shall not withhold approval as a means of avoiding compensation due under the
terms of this ordinance.
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(3) Covenants to Run \\ith the Land. The improvement agreement shall provide that
the covenants contained in the agreement shall run with the land and bind all
successors, heirs and assignees of the property owner. The Improvement
Agreement shall be recorded in the Land Records of the County. All existing
lienholders shall be required to subordinate their liens to the covenants contained
in the Improvement Agreement.
(4) Security. Whenever the City permits a property owner to enter into an improvement
agreement, it shall require the owner to provide sufficient security, covering the
completion of the public improvements. The security shall be in the form of cash
escrow or, where authorized by the City, a letter of credit, as security for the promises
contained in the improvement agreement. In addition to all other security, for
completion of those public improvements where the City participates in the cost,
the owner shall provide a performance bond from the contractor, with the City as a
co-obligee. Security shall be in an amount equal to one hundred fifteen percent
(115%) of the estimated cost of completion of the required public improvements
and lot improvements. The issuer of any surety bond and letter of credit shall be
subject to the approval of the City Attorney.
(5) Letter of Credit. If the Commission authorizes the property owner to post a letter
of credit as security for its promises contained in the improvement agreement, the
letter of credit shall:
(a) Be irrevocable.
(b) Be for a term sufficient to cover the completion, maintenance and warranty
periods but in no event less than two (2) years.
(c) Require only that the City present the issuer with a sight draft and a certificate
signed by an authorized representative of the City certifying to the City's right
to draw funds under the letter of credit.
(d) The letter of credit shall only be from a financial institution approved by City
Attorney.
(6) As portions of the public improvements are completed in accordance with the
Standard Specifications and the engineering plans, the Developer may make
application to the City Engineer or his designee to reduce the amount of the original
letter of credit. If the City Engineer or his designee is satisfied that such portion of
the improvements has been completed in accordance with city standards, he may
(but is not required to) cause the amount of the letter of credit to be reduced by such
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amount that he deems appropriate, so that the remaining amount of the letter of
credit adequately insures the completion of the remaining public improvements.
c. Temporary Improvements. The property owner shall build and pay for all costs of
temporary improvements required by the Commission and shall maintain those
temporary improvements for the period specified by the Commission. Prior to
construction of any temporary facility or improvement, the owner shall file with the City
a separate improvement agreement and escrow, or, where authorized, a letter of credit,
in an appropriate amount for temporary facilities, which agreement and escrow or letter
of credit shall ensure that the temporary facilities will be properly constructed,
maintained and removed.
D. Government Units. Governmental units to which these contract and security provisions
apply may file, in lieu of the contract and security, a certified resolution or ordinance
from officers or agencies authorized to act in their behalf, agreeing to comply with the
provisions of this Article.
E. Failure to Complete Improvements. For plats for which no improvement agreement has
been executed and no security has been posted, if the public improvements are not
completed within the period specified by the City, the land study or preliminary plat
approval shall be deemed to have expired. In those cases where an improvement
agreement has been executed and security has been posted and required public
improvements have not been installed within the terms of the agreement, the City may:
(1) Declare the agreement to be in default and require that all the public improvements
be installed regardless of the extent of completion of the development at the time
the agreement is declared to be in default;
(2) Suspend final plat approval until the public improvements are completed and record
a document to that effect for the purpose of public notice;
(3) Obtain funds under the security and complete the public improvements itself or
through a third party;
(4) Assign its right to receive funds under the security to any third party, including a
subsequent owner of the subdivision or addition for which public improvements
were not constructed, in whole or in part, in exchange for that subsequent owner's
promise to complete the public improvements on the tract;
(5) Exercise any other rights available under the law.
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F. Acceptance of Dedication Otters. Acceptance of formal offers of dedication of street,
public areas, easements, and parks shall be by authorization of the City Engineer. The
approval by the Commission of a plat, whether land study, conveyance, preliminary or
final shall not in of itself be deemed to constitute or imply the acceptance by the City of
any street, easement, or park shown on plat. The Commission may require the plat to
be endorsed with appropriate notes to this effect.
8.02 Construction Procedures
A. Preconstruction Conference. The City Engineer may require that all contractors
participating in the construction shall meet for a pre construction conference to discuss
the project prior to beginning work.
B. Conditions Prior to Authorization. Prior to authorizing construction, the City Engineer
shall be satisfied that the following conditions have been met:
(1) The preliminary plat shall be completed to the requirements of the Commission at
the time of approval.
(2) All required contract documents shall be completed and filed with the City
Engineer.
(3) All necessary off-site easements or dedications required for City maintained
facilities, not shown on the final plat must be conveyed solely to the City, with proper
signatures affIXed. The original of the documents, and filing fees as determined by
the Engineering Department, shall be returned to the Engineering Department
prior to approval and release of the engineering plans.
(4) All contractors participating in the construction shall possess a set of approved plans
bearing the stamp of release of the Engineering Department. These plans shall
remain on the job site at all times.
(5) A complete list of the contractors, their representatives on the site, and telephone
numbers where a responsible party may be reached at all times must be submitted
to the City Engineer.
(6) All applicable fees must be paid to the City.
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8.03 Inspection of Public Improvements
A. General Procedure. Construction inspection shall be supervised by the City.
Construction shall be in accordance with the approved Plans, Standard Specifications
and Standard Details of the City of Wylie. Any change in design required during
construction should be made by the Engineer whose seal and signature are shown on the
plans. Another engineer may make revisions to the original engineering plans if so
authorized by the owner of the plans and if those revisions are noted on the plans or
documents. All revisions shall be approved by the City Engineer. If the City Engineer
finds upon inspection that any of the required public improvements have not been
constructed in accordance with the City's construction standards and specifications, the
property owner shall be responsible for completing and/or correcting the public
improvements.
B. Certificate of Satisfactory Completion. The City will not accept dedication of required
public improvements until the applicant's engineer or surveyor has certified to the City
Engineer, through submission of a detailed "as-built" survey plat of the property,
indicating location, dimensions, materials, and other required public improvements have
been completed. The "as-builts" shall also include a complete set of drawings of the
paving, drainage, water, sanitary sewer, or other public improvements, showing that the
layout of the line and grade of all public improvements is in accordance with construction
plans for the plat, and all changes made in the plans during construction and containing
on each sheet an as-built stamp bearing the signature of the Engineer and the date. One
original complete set of 35mm negative microfilmed "as-built" cards, two complete sets
of silver negatives, and one set of utility plans on silver negatives shall be provided to the
City. Each card shall be 3 1/4" x 7 112", with the project name, description of the sheet
and page number typed at the top. In addition, one reproducible drawing of the utility
plan sheets containing the as-built information shall be submitted. The engineer or
surveyor shall also furnish a copy of the final plat and engineering plans, if prepared on
a CADD system, in such a format that is compatible with the City's CADD system. When
such requirements have been met the City Engineer, on behalf of the City, shall
thereafter accept the public improvements for dedication in accordance with the
established procedure. Acceptance of the development shall mean that the developer
has transferred all rights to all the public improvements to the City for use and
maintenance. The City Engineer may, at his decision, accept dedication of a portion of
the required public improvements, if the remaining public improvements are not
required for health and safety reasons and the owner has posted a performance bond
letter of credit or cash bond in the amount of 115% of the estimated cost of those
remaining improvements for a length of time to be determined by the City Engineer.
Upon acceptance of the required public improvements, the City Engineer shall submit
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a certificate to the developer stating that all required public improvements have been
satisfactorily completed.
C. Final Warranty Inspection Procedure
Not later than thirty (30) days prior to the end of a given warranty period for any publicly
dedicated facilities which have been required by this subdivision ordinance to be
installed within a subdivision and subsequently dedicated and accepted by the City of
Wylie, the City of Wylie shall inspect those facilities and call for any necessary repairs
prior to the termination of the warranty period. The results of this inspection shall be
kept by the City as a written record for a period not less than five (5) years. The results
of this inspection, any repairs noted and the subsequent action of the developer or
contractor concerned shall be part of this record. Copies of this documentation will be
delivered to the developer and/or contractor concerned. This notification and inspection
procedure shall extend the warranty period until all specified repairs and inspections are
completed.
8.04 Deferral of Required Improvements
A The Commission may, upon petition of the property owner and favorable
recommendation of the Director and City Engineer, defer at the time of final approval,
subject to appropriate conditions, the provision of any or all public improvements as, in
its judgment, are not required in the interests of public health, safety, and general
welfare.
B. Whenever a petition to defer the construction of any public improvement required under
these regulations is granted by the Commission, the property owner shall deposit in
escrow his share of the costs (in accordance with Section 6 of this ordinance) of the future
public improvements with the City prior to signing of the final plat, or the property owner
may execute a separate improvement agreement secured by a cash escrow or, where
authorized, a letter of credit guaranteeing completion of the deferred public
improvements upon demand of the City.
8.05 Issuance of Building Permits and Certificates of Occupancy
A. No building permit shall be issued for a lot or building site unless the lot or site has been
officially recorded by a final plat approved by the City of Wylie and all public
improvements as required for final plat approval have been completed, except as
permitted below.
(1) Building permits may be issued for non-residential and multi-family (apartments)
development provided that a preliminary plat is approved by the City and
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construction plans have been released by the City Engineer. Building construction
will not be allowed to surpass the construction of fIre protection improvements.
(2) The City Engineer may authorize residential building permits for a portion of a
subdivision, provided that a preliminary plat has been approved and all public
improvements have been completed for that portion of the development, including
but not limited to those required for fire and emergency protection.
Notwithstanding, no lot may be sold or title conveyed until a final plat approved by
the City has been recorded.
(3) Conditional building permits, conditional occupancy permits and temporary utility
service may be permitted by the Director or City Engineer.
B. No certificate of occupancy shall be issued for a building or the use of property unless
all subdivision improvements have been completed and a final plat approved by the City
has been recorded. Notwithstanding the above, the Director or City Engineer may
authorize the occupancy of a structure provided that an agreement providing cash
escrow, a letter of credit, or other sufficient surety is approved by the City for the
completion of all remaining public improvements.
8.06 Bonds and Insurance
A. Any subdivider/developer shall furnish a maintenance bond for one (1) year from date
offinal acceptance, an irrevocable letter of credit for one (1) year or place in escrow for
one (1) year from date of final acceptance, an amount that represents one hundred
percent (100%) of the total cost of public improvements (streets, drainage, water/sewer
lines, etc.) for said development in order to indemnify the City against any repairs which
may be necessary in connection with construction of said improvements arising from
defective workmanship or materials for a period of one (1) full year from fmal acceptance
of each phase of the development. Final acceptance of a subdivision or a phase of a
subdivision will be withheld until said maintenance bond or proof of establishment of
escrow account has been furnished to the City.
B. Prior to the project being approved for construction the subdivider or developer shall
furnish a labor and materials payment bond equal to fifty percent (50%) of the cost of
the public improvements.
C. Prior to the project being approved for construction the subdivider or developer's
contractor shall submit proof of liability insurance according to NCTCOG Standards to
cover any and all accidents that are attributable to the construction activity both onsite
and offsite.
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SECTION 9. . EXTENSION TO EXTRA-TERRITORIAL JURISDICTION
9.01 Applicability to Extra-Territorial Jurisdiction
The subdivision ordinance of the City of Wylie, Texas as it now exists or may hereafter be
amended, is hereby extended to all of the area lying within the extra-territorial jurisdiction
of the City of Wylie, Texas and the rules and regulations within said subdivision ordinance
governing plat, subdivisions of land and construction of utilities shall be applicable to such
area within said extra-territorial jurisdiction from and after the date of final passage of this
subdivision ordinance.
9.02 Compliance to These Subdivision Regulations in Extra-Territorial Jurisdiction Required
No person, corporation, partnership or other entity shall subdivide or plat any tract of land
within the extra-territorial jurisdiction of the City of Wylie, Texas, except in conformity with
the provision of this subdivision ordinance.
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SECTION 10. - OTHER REQUIREMENTS
10.01 Changes and Variations
A. These rules and regulations are the standard requirements of the City of Wylie, Texas.
A suspension of any of these rules and regulations may be granted by the City Council,
upon a showing that there are special circumstances of conditions affecting the property
in question, that enforcement of the provisions of this chapter will deprive the applicant
of a substantial property right and that such suspension, if granted, will not be materially
detrimental to the public welfare or injurious to other property rights in the vicinity.
B. The Wylie zoning ordinance provides for separation of residential areas from
commercial or industrial areas by the erection of a sight barrier fence up to six feet (6')
in height. The final plat for a proposed subdivision, in cases where there will be a
separation of residential property from commercial or industrial property, shall
indicate upon the final plat the location and height of proposed fences to be installed.
C. An property requesting a zoning change shall be required to go through the Platting
process as deemed necessary by the City Manager or his authorized representative.
10.02 Penalty
Any person, firm or corporation who shall violate any of the provisions of this subdivision
ordinance or who shall fail to comply with any provision hereof shall be guilty of a
misdemeanor and, upon conviction, shall be subject to a fine and each day that such violation
continues shall constitute a separate offense and shall be punishable accordingly.
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