Ordinance 1993-33
ORDINANCE NO.
tJ ~ - ~~
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER 9
SUBDIVISIONS, OF THE WYLIE CITY CODE, BY ADOPTING AN AMENDED
VERSION OF THE SUBDIVISION REGULA nONS, AS HERETOFORE ADOPTED BY
ORDINANCE 93-20; REPEALING ORDINANCE 93-20 AND ALL CONFLICTING
ORDINANCES; CONT AINING A PENALTY CLAUSE; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Council passed Ordinance 93-20 on the 23rd day of March, 1993,
adopting new Subdivision Regulations (Regulations) for the City of Wylie, under the authority
of Section 212.002 of the Local Government Code; and,
WHEREAS, the City Staff s experience working with and under the said Regulations has
resulted in the discovery several inconsistencies which need to be cleared up for the regulations
to function properly; and,
WHEREAS, the Council has determined on the recommendation of City Staff that it is
necessary to make amendments to said Regulations to correct such inconsistencies and other
minor corrections changes of an administrative nature; and,
WHEREAS, although the amendments are relatively minor in substance, they do effect
several sections and pages of the Regulations to the extent where retaining the base text of the
Regulations and noting all of the changes would be impractical and inefficient, inasmuch as there
would already be a supplement to the regulations; and,
WHEREAS, in view of the impracticalities mentioned in the preceding paragraph the Council
deems it advisable to adopt the amendments by re-adopting all of the regulations, as
amended;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That Chapter 9 of the Wylie City Code be, and it hereby is, amended by deleting the existing
Chapter 9, in its entirety, and substituting the "Subdivision Regulations", which are attached
hereto as Exhibit A and fully incorporated herein and made a part hereof by reference, in place
thereof.
SECTION II
Any person violating the provisions of this ordinance, or any part hereof, shall be guilty
commits an unlawful act and shall be subject to the general penalty provisions of the Wylie City
Code as set forth in Section 1-1.06 thereof, as the same now exists or is hereafter amended.
SECTION III
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION IV
This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION V
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or consistency and all other provisions of the Wylie City Code not
in conflict herewith shall remain in full force and effect.
SECTION VI
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or
to accrue, nor as effecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,
this 29th day of July, 1993.
~?I~/
J W. Akin
ayor
P9 E X H I B I T A" TO ORDINANCE PJO. 93- J~~
CTTY OF WYLIE, TEXAS
SUBDIVISION REGULATIONS
TABLE OF CONTENTS
Section 1: General Provisions 1
Section 2: Definitions 6
Section 3: Authority and Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 4: Platting Procedure 14
Section 5: Requirements for Public Improvements, Reservation and Design 28
Section 6: Participation and Escrow Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Section 7: Filing Fees and Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Section 8: Completion and Maintenance of Improvements . . . . . . . . . . . . . . . . . . . . . . . 59
Section 9: Other Requirements 67
SECTION 1. - GENERAL PROVISIONS
These ordinances apply to all subdivisions of land located within the city limits or the extraterritorial
jurisdiction of the City of Wylie, Texas, as provided by law, and to all additions of land within the
corporate limits of the City, except as expressly stated herein.
1.01 Title
These regulations shall be officially known, 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 and 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
identifiecl in Section 1.03.
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 of land, 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 Authori
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 subdivisioa of land,
including land studies, conveyance plats, preliminary plats, final plats, amended plats,
replats, and vacation of plats. The Commission may grant variances from these regulations
pursuant to the provision of Section 1.10. Acceptance for all major subdivisions shall be
subject to final approval by the City Council.
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B. The Director is vested with the authority to approve minor plats. 1fie Director may, for
any reason, elect to present a minor plat to the Planning & Zoning Commission for
approval. The Director may not disapprove a minor plat and shall refer any minor plat
refused for approval to the Planning & Zoning Coinmission within 30 days of the of~cial
date of application.
1.05 Pending Applications
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 cucumstances 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.
1.07 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.
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1.08 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, and;
(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, and;
(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, and;
(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.
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.
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(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.
1.09 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 as amended.
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. 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. These remedies shall be in addition to the penalties described above.
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SECTION 2. - DEFINTI'IONS
Adsi.iYi~l. Any lot, tract or parcel of land lying within the corporate boundaries of the City which is
intended to be subdivided 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.
Ailgx 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.
Am,gui~X. 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 Thoroug fare 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 100-year storm.
Blocl~ 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.
~apital Improvements Pr~gram. 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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x~hann,~l. Generally a man-made ditch or course in which storm water runoff flows.
Citv or The Citv shall mean City of Wylie, Texas.
y.ouncil 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.
Comnrehensive 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 plat 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.
Convevance
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 final
development plans is not sought.
Countv Either Dallas County, Texas, Collin County, Texas or Rockwall County, Texas, depending
on whether a proposed subdivision or addition, or part thereof is 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 tum-around.
Dead-end Street shall mean a street other than a cul-de-sac with only one outlet.
I~edication Plat. A plat prepared for the purpose of dedicating land or easements for right-of-way
to the City.
I~,veloFer. The person, business, corporation or association responsible for the development of the
subdivision or addition. I~ most contexts the terms Developer and Property Owner are used
interchangeably in these regulations.
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Uevelonment. Any man-made change related to the subdivision of improved or unimproved real
estate, including but not limited to, buildings or other structures, paving, drainage or utilities, but
not agricultural activities.
Develonment 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.
DrainaQe Wav. (1) 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. (2) The path or route storm water runoff takes across a tract or parcel of land.
~asement shall mean an area with restricted use on private property. The City of Wylie or any other
holder of an easement which has been filed by plat or other instrument 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.
The City of Wylie or any other holder of an easement 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.
E11gin~[ 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.
Elctra-territorial.Turisdiction (,ET•il is the area adjacent to the City of Wylie within one (1) mile of
the city limits as specified in Section 42.001 et. seq. of the Local Government Code.
Final Plat shall be any plat of any lot, tract or parcel of land within the City of Wylie or it's ETJ,
requested to be recorded for record in the Deed Records of Collin County, Texas, Dallas County,
Texas, or Rockwall County, Texas.
Flood Plain. Any land area susceptible to being inundated by water from the base flood.
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~provement 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.
In~,ector. An authorized representative of the 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 Studv. 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.
I~. 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.
Major 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.
Master 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.
D~X 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.
Mobile Home Parks are areas renting or leasing sites for trailer coaches or mobile homes.
Municinal Facilitv_ 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.
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Pl~t shall mean a map or chart of a subdivision which is to be filed for record in the City of Wylie
It shall include plan, plat or replat on both singular or plural,
Pl~itiug. 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.
preliminarv 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 has not been dedicated to or accepted by the City of Wylie.
Pro~er 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 Imorovement or Facilitv. 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.
Publ'i~c
Wav. 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.
L'?~tiug• 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 regularions
controlli.ng subdivisions or additions. Replatting includes the combination of lots into a single lot
or subdivision of one or more lots for purposes of development.
Re-subdivision shall mean the division of an existing subdivision, together with any changes of lot
size therein, or with the relocation of any street lines.
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Recidential 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.
: Right-of-Wav. A parcel of land dedicated as public property which is principally 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. Parkways and medians outside
of pavement shall be included in the right-of-way. 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 dedicated public property, 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.
~,curitv The letter of credit or cash escrow provided by the applicant to.secure its promise in the
improvement agreement.
~hall shall be deemed as mandatory.
Standard Street. A highway or street which meets or exceeds the standard speci~ications and the
thoroughfare standards of the City or the Texas Department of Transportation.
~~m. Any fairly well defined area in which a watercourse flows including creeks, rivers, channels,
and ditches.
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.
Subdivide. 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.
,~ubdivider. Any person who (1) having an interest in land causes it, directly or indirectly, to be
divided for the purpose of development or platted as an addition or who (2) d'uectly or indirectly,
sells, leases, or develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop,
any interest in more than one lot, parcel site, or unit, in a particular 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 in more than one lot, parcel
site, or unit in a particular 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
of the Thoroughfare Plan and standards in these regulations and/or 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.
Tem o~ry Imnrovement. 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.
Watercourse. Anywhere storm water runoff flows including rivers, streams, channels, ditches, and
overland.
~ill shall be deemed as mandatory.
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SEC1'ION 3- AUTHORITY AND JURISDICTION
3.01 These regulations are adopted under the authority of Section 212.002 of the Local Government
Code, for the purposes of controlling the subdivision of land within the corporate limits of the
City and in the uaincorporated areas lying within the extra-territorial jurisdiction of the City,
in order to promote the health, safety, morals and general welfare of the City through the safe,
orderly and healthful development of the City; and the same shall be considered cumulative
to the provisions of Section 212 of the Local Government Code.
3.02 Any owner or corporation or partnership that owns land inside or within one (1) mile of the
corporate limits of the City of Wylie (or within the Extraterritorial Jurisdiction 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 from these requirements.
3.03 No plat of any 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 for the subdivision shall have been considered by the Planning & Zoning
commission and approved by the City Council.
3.04 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 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.
3.06 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 or subdivision.
3.07 The City hereby de~ines 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 - PLATTING PROCEDURE
4.01 Pre-Apptication 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 that is to be subdivided and is subject to these regulations shall hereafter be
platted 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/or his duly authorized representatives shall check the plats and make
recommendations concerning whether sufficient information eacists to proceed with the
review process.
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 who will make a preliminary review of the
submittal. If it appears substantially complete, the Director will make a visit to the area
to make recommendations concerning the development of subject land, including whether
or not the land study or preliminary plat should be approved or rejected by the Planning
& Zoning Commission.
If the Director 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 wittun its jurisdiction who may wish to effect a subdivision of such land
shall conform to the general procedure described as follows:
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(1) The subdivider shall prepare and submit a LAND STUDY for Major Subdivisions
or a PRELIMINARY PLAT for Minor Subdivisions to the Director. After the
study or plat has been recommended for approval by the Director the study or plat
will be submitted to the City Planning & Zoning Commission for its (the
Commission's) study and recommendations to the developer. The land study or
preliminary plat shall show the entire subdivision and if applicable the phases by
which the subdivision will be developed. The land study or 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 Planning & Zoning
Commission and City Council shall endeavor to act on the land study or preliminary
plat within thirty (30) days from the date such study or plat was filed with each body
for their approval. Normally, the study or plat must be approved by the Planning &
Zoning Commission prior to consideration by the City Council, except as provided
~ in 4.05(G). The preliminary plat shall then be submitted to the City Council for final
action.
(2) After approval of the preliminary plat by the City Council, tbe subdivider may then
prepare a FINAL PLAT of all or a portion of the land included in the prelimi.nary
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 Appendix A to the Wylie City Code 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 opin.ion of the city staff
these facilities were constructed according to the required speci5cations. 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) A.s 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
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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. ~
(5) Only upon final acceptance of such plat and public dedicated facilities, 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 dedicated facilities and the
filing of the final plat, with the appropriate County, 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 Subdivision Classifications
The classification of a subdivision determines whether or not a Land Study will be required.
"Minor" Subdivisions shall meet the following requirements:
(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 omit the land study requirements if they conform to the above
requirements for minor subdivisions.
"Major" subdivisions consist of any subdivision which does not meet the Minor subdivision
requirements. Conveyance plats which do not meet the requirements of Minor subdivisions
shall also be considered Major subdivisions.
4.04 Land Study
A. Purpose
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.
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.
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B. Special Conditions
The land study requirement may be omitted if the subdivision creates no more than one
new street, requires no zoning changes, and the Director determines that sufficient
information exists to begin preparation of a preliminary plat.
The Planning & 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.
C. Pre-Application Conference
Before preparing the land study, the applicant shall schedule an appointment and meet
with the Director 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.
D. General Application Requirements
If a Land Study is required, 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 naine 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 the subject property and 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 im on rtant
f~.al~.1r~.
(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 anangement of all types of land ~ses 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 which comply with the City's landscaping or
screening standards.
(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 has
indicated that all necessary information has been submitted and recommends approval.
E. Effect of ApprovaUDisapproval
Approval of the Land Study by the Commission constitutes authorization by the City for
the Developer to submit application for approval of a preliminary plat subject to
compliance with any conditions attached to approval of the land study.
In the event the Director determines that insufficient information or incorrect information
prevents recommendation for approval of the land study, one (1) copy shall be retumed
to the Developer or his agent with the reasons for disapproval accompanying the copy.
The original sheets marked by the City or its authorized representative and a letter
explaining how each comment has been addressed shall accompany the re-submmittal of
the Land Study.
4.05 Preliminary Plat Requirements
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 preliminary plat sheets shall be drawn in ink on mylar and submitted for review by the
City. 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 1/2 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 adjoin.ing
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 proper county authority; 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, school sites, reserved space, and other areas as determined by the City
Engineer. '
(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-$ections
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. Approval Procedure
After review of the preliminary plat the Director shall place the preliminary plat for
decision on the agenda of a public meeting by the Commission. Minor plats may be
approved by the Director or referred to the Commission in accordance with Section
1.04(B). Major plats can only be approved by the City Council, after review by the Director
and consideration by the Planning & Zoning Commission. In the event of disapproval,
reasons for disapproval shall be stated.
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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4.06 Final Plat ~
A. General
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 which shall be no
greater than 24" x 36" 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. One of the final plats shall be submitted in ink
and on mylar and shall be drawn on sheets measuring seventeen and one-half (17-1/2)
~ inches by twenty-three and three quarters (23-3/4) i~ches. 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. 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 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.
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(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.
B. 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.
C. Approval Procedure
~ After review of the final 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 refened to the Commission in accordance with Section 1.04(B). In the event
of disapproval, reasons for disapproval shall be stated. Major plats can only be approved
by the City Council, after review by the D'uector and consideration by the Planning &
Zoning Commission. One copy of the final subdivision plat shall be returned to the
applicant with the date of approval, conditional approval or disapproval noted on the final
plat, and, if the final plat is disapproved, the reasons for disapproval accompanying the
final plat.
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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, including signature by the Mayor.
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 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) For subdivisions which do not require an improvement agreement, security or
installation of public dedicated facilities, 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 all the conditions pertaining to the final
plat have been satisfied.
(2) When an improvement agreement and/or 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 ~nal plat after the agreement
and security have been approved by the Commission, and all the conditions pertaining
to the final plat have been satisfied.
(3) When installation of public dedicated facilities are 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 final 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
dedication of public lands and installation of public improvements has been
accomplished.
(4) It shall be the responsibility of the City Engineer to file the final plat with the County
Clerk. Sunultaneously 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, or as soon
thereafter as may be reasonably practical. One (1) copy of the recorded final plat,
with street addresses assigned, will be forwarded to the property owner by the City
Engineer.
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F. Effect of Approval
Approval of a final plat shall indicate compliance with the regulations of the City of Wylie
pertaining to the subdivision of land. An approved and signed final plat as filed with the
. County as a record of the subdivision of land shall be used to reference lots and interests
in property thereon defined for the purpose of conveyance and development as allowed
by these regulations.
G. Signature Blocks
The following notice and certificate shall be placed on the plat, in a manner that will allow
the filling in of the certificate by the proper party.
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
V City of Wylie, Texas
"Approved for Construction"
Date:
Mayor, City of Wylie, Texas
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CERTIFICATE OF COMPLETION
"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 , A.D., 19
City Secretary
City of Wylie, Texas
4.07 Appeals
If the Commission disapproves the 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
fili.ng 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 Comnussion and may, where appropriate,
remand the plat, land study, or variance request to the Commission for further proceedings
consistent with Council's decision.
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SECTION 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 policy of the City of Wylie is that all land proposed
for subdivision must be adequately served by essential public facilities and services. These
services include (1) street access, (2) water, (3) wastewater disposal, and (4) drainage as
contained in this ordinance and in the design manuals. 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. The following are general requirements for
public facilities:
(1) Street Access - All platted lots must have safe and reliable street access for daily use
and emergency purposes, including but not limited to the following:
(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
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means of access, the city may accept a temporary street connection, or a median
divided street or divided entry to satisfy this requirement.
(2) Water - All platted lots must be connected to a public water system which is capable
of providing water for health and emergency purposes, including but not limited to
the following:
(a) Water lines shall be designed in accordance with the City Water and Sanitary
Sewer Design Manual.
(b) 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.
(c) Water service must be sufficient to meet the fire flow requirements of the
proposed development, except where a suitable altemative means of fire
protection is approved in writing by the City Fire Chief.
(d) 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, including but not limited to the following:
(a) Sanitary sewer lines shall be designed in accordance with the City Water and
Sanitary Sewer Design Manual.
(b) On-site waste water treatment systems will not be perm.itted, except for the
pretreatment of industrial waste.
(c) The projected waste water discharge of a proposed development shall not
exceed the capacity of the waste water system.
(d) 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
-29-
detention, and or the construction of off-site drainage improvements as means of
mitigation. Drainage facilities shall be designed in accordance with the City Design
Manual for Storm Drainage Facilities, and shall be in compliance with State and
Federal regulations.
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
recommend approval or denial of the proposed name of the subdivision or addition. The
City Council shall have final authority to approve the name of the subdivision or addition.
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 pemuts 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.
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C. Doubte Frontage Residentiat 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
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.
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(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.
(b) Curb C~ts - All non-residential lots shall have, at a minimum, direct access to
one curb cut per street front, except where prohibited.
(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.
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G. Lot Drainage. Drainage for lots shall be designed in accordance with the City's Storm
Drainage 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
drainage 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.
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 subdivider 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 pernvt 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 witlun the Thoroughfare
Screening Ordinance.
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5.04 Streets and Thoroughfares
A. Adequacy of Streets and Thoroughfares. All streets and alleys shall be designed and
platted in conformance with these regulations 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 as required 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 police,
firefighting, 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. Other street or alley sections may be used if
approved by the City Council. Paving and other improvements are subject to the
participation policies stated in Section 6 of these regulations.
(2) Street Paving and Improvements. After 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, tumarounds,
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
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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.
(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) 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.
(7) 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.
(8) 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.
(9) 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.
(10) 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 subnutted prior to final plat approval.
-35-
(11) 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 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.
(12) Continuation of Streets and Cul-de-sacs.
(a) Continuation of Streets. The anangement of streets shall provide for the
continuation of principal streets between adjacent developed properties by
aligning the principal streets to avoid offsets.
(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) C~l-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 tumaround 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 connecrion of
subdivisions and to ensure reasonable access and avoid excessive street length.
-36-
(13) Street and Alley Length.
(a) Streets and alleys shall not exceed 1,200 feet in length between intersections
(outlets).
(b) No cul-de-sac 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, unless otherwise authorized. .
(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 of lots to be created and
served, temporary points of access, and additional fire protection measures.
(14) 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 City's guidelines
before issuance of building permit for any structure on the streets approved.
(15) 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.
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Initial cost of installation of street lighting and conduit for street lights and traffic
signals shall be borne by the subdivider.
(16) Street and Alley Pavement Sections. The City Engineer shall have the authority
to require reinforced concrete sections to be designed in accordance with American
Association of State Highway and Transportation Officials (AASHTO) criteria, in
lieu of the following standards:
Fx~nresswa,v,
Pavement and Subgrade shall conform to the requirements of the Texas Department
of Transportation design criteria.
M~'or 'Thoroughfares
All major thoroughfares shall be constructed of Class F concrete according to
NTCOG standard specifications with a six inch layer of lime stabilized subgrade
unless otherwise directed by the City Engineer. The amount of compaction and
hydrated lime required for lime stabilized subgrade shall be as determined from a
lime series test and as recommended by a registered professional engineer.
Pavement Reinforcing Steel
Desi ation Thickness accordin to NTCOG standards
B+ 9-Inches No. 3 bars ~a 24" On Center Each Way(OCEW)
B 8-Inches No. 3 bars ~a 24" OCEW
C 8-Inches No. 3 bars Qa 24" OCEW
Secondar; Tl~~roLghfares
All secondary thoroughfares shall be constructed of Class C concrete according to
NTCOG standard specifications with a six inch layer of lime stabilized subgrade
unless otherwise directed by the City Engineer. The amount of compaction and
hydrated lime required for lime stabilized subgrade shall be as determined from a
lime series test and as recommended by a registered professional engineer.
, Pavement Reinforcing Steel
Desi ation Thiclaiess accordin to NTCOG standards
D 8-Inches No. 3 bars @ 24" OCEW
E 8-Inches No. 3 bars @ 24" OCEW
F 8-Inches No. 3 bars @ 24" OCEW
- ~8 -
~.S1i~III181
All residential non-collector streets shall be constructed of Class C concrete
according to NTCOG standard specifications with a six inch layer of lime stabilized
subgrade unless otherwise directed by the City Engineer. The amount of
compaction and hydrated lime required for lime stabilized subgrade shall be as
determined from a lime series test and as recommended by a registered professional
engineer.
Pavement Reinforcing Stee
Desi nation Thickness accordin to NTCOG Standards
G 6-Inches No. 3 bars ~a 24" OCEW
R. ail, Commercial, IndLStrial,~nartment or Undesignated Streets
~ These streets shall be constructed for the ultimate projected traffic counts (as
determined by the City) and in accordance with AASHTO design criteria. Design
calculations shall be submitted to the City Engineer for review and
recommendations. The minimum pavement section shall be as required for Type F
secondary thoroughfares.
~iiscellaneous Construction Standards
1. Sawed dummy transverse joints shall not be greater thaa 20 feet apart and as
required by the City Engineer at intersections.
Longitudinal sawed dummy joints shall be required in all pavements where the
~ concrete is poured in a continuous width of thirty (30) feet or more. The
longitudinal dummy joint shall be at a one-third (1/3) point of the width or as
directed by the City Engineer.
2. Expansion joints shall be placed at distances no greater than s'vc hundred (600)
feet and shall be eonstructed in accordance with the City of Wylie standard.
Construction joints shall be constructed in accordance with the expansion joint
standard.
' Sawed expansion joints shall have dowels at twenty-four (24) inch centers that
are acceptable to the City Engineer. Construction joints shall have the
_ reinforcing bars continuous through the joint.
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All sawed dummy joints, expansion joints or any other break, crack or
interruption in the continuous paving surface shall be sealed, prior to final
acceptance by the City of Wylie, with an approved crack sealant material. Said
material shall be of a flexible asphaltic rubberized substance. All interruptions
in the paving surface shall be sealed completely to prevent the entry of above
surface water into the base material area.
4. Tn~gitLdinal Pavement Slo~es
The minimum longitudinal standard alley pavement slopes shall be 0.50%.
The maximum and minimum longitudinal slopes are as follows:
, MAXIMUM MINIMUM
TYPE OF STREET SLOPE SLOPE
Type B+, B or C- Major 6% 0.50%
'Thoroughfare
Type D- Secondary Thoroughfare 6% 0.50%
Type E or F- Collector (Secondary 8% 0.50%
Thoroughfare)
Type G- Residential 10% 0.40%
Maximum grades for alleys shall be 8% within thirty (30) feet of its intersection
with a street and 12% elsewhere.
5. Vertical Curves
When the longitudinal pavement grade changes by more than 1.0% a vertical
curve shall be used. The minimum length of vertical curve can be determined
from the following table; where V= design speed, S= sight distance,
A= algebraic difference in grades, L= minimum required length of vertical
curve, K = (S2 = 1398):
-40-
I L = KA
V S K A
m h tt A=1 A=2 A=3 A=4 A=5 A=6 A=7 A=8 A=9 A=10
30 200 28.61 100.00 100.00 100.00 114.44 143.05 171.66 200.27 228.88 257.49 286.10
35 2S0 44.71 100.00 100.00 134.13 178.84 223.55 268.26 312.97 357.68 40239 447.10
40 300 64.38 100.00 128.76 193.14 257.52 321.90 386.28 450.66 515.04 579.42 643.80
45 375 100.59 100.59 201.18 301.77 402.36 502.95 603.54 704.13 804.72 905.31 1005.90
50 450 144.85 144.85 289.70 434.55 579.40 724.25 869.10 1013.95 1158.80 1303.65 1448.50
55 550 216.38 216.38 432.76 649.14 865.52 1081.90 1298.28 1514.66 1731.04 1947.42 2163.80
60 650 302.22 302.22 604.44 9()6.66 1208.88 1511.10 1813.32 2115.54 2417.76 2719.98 3022.20
Note: In general round to nearest 10' for curves more than 100 feet.
6. Transverse Pavement Slopes
The transverse pavement slope for all non-divided streets shall consist of a
parabolic curve from the pavement centerline (which height shall be four (4)
inches or five (5) inches above the gutter elevation) to the gutter. For divided
streets the transverse slope shall be as required by the City Engineer.
i.ime Stabilizati~n
Hydrated lime shall be spread uniformly over the soil to be treated and sprinkled
to the proper moisture content. The soil, lime and water shall be mixed until a
homogeneous product is obtained that is free of clods and lumps to a minimum
depth of 6 inches. The mixture will then be immediately rolled to the required
compaction.
C. Street Dedications and Reservations
(1) Dedication of Right-of-Way. The properiy owner shall provide all right-of-way
required for existing or future streets, including perimeter streets, as showa in the
Thoroughfare Plan or other valid development plans approved by Planning & Zoning
Commission or City Council. 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:
-41-
e of Street Desi nation Standard Ri ht-of-Wa 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. However, in some instances more than half shall be
required depending on the actual or proposed alignment of the street.
(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.
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:
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Minimum Ultimate Paving Width Median
e Street Pavin Width ace to Face ace to Face
A 25 Feet 6/12' (72') 28'
B+ 25 Feet 8/12' (96') 20'
B 25 Feet 6/12' (72') 24'
C 25 Feet 6/11' (66') 24'
D 25 Feet 4/12' (48') 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 pavi.ng width shall
be shown in Section 5.4D. of this article.
(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 sball be as shown in Section 5.4D. 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 and Section 7.04 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
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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.
F. Access from Residential Subdivisions or Additions. Residential lots must have a
minimum frontage of 24 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 Plan are met.
5.05 Sidewalks and Bikeways
A. Sidewallcs. Sidewalks shall be constructed in accordance with the Thoroughfare Plan of
the City of Wylie for all lots adjoining dedirated 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 of lots, 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. Sidewallcs 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 City Engineer.
-4a-
Concrete sidewalks shall have a width of not less than four feet (4') and a thickness of not
less than four inches (4") and shall be constructed of two thousand (2,000) PSI concrete
on both sides of all streets and thoroughfares within the subdivision. Sidewalks shall be
constructed one foot (1') from the property line within the street or thoroughfare
~ right-of-way and shall extend along the street frontage including the side of corner lots
and block ends. Construction of sidewalks adjacent to curb in residential areas will be
considered only where driveway entrances are constructed from the rear of lots on both
sides of the street for the full length of the block. In these instances, the sidewalks shall
be five (5') wide. The available one foot area between the property line and the rear edge
of the sidewalk shall be the location of the required sewer cleanout. The area between ~
the front edge of the sidewalk and the curb shall be the proper location for the water meter
box.
~ Sidewalks in commercial areas shall be a minimum width of five feet (5') or extend from
the back of the curb to the building line as required by the City.
Sidewalks in industrial areas and planned developments will be as required by the City.
All concrete for sidewalks shall be placed on two-inch (2") sand cushion and shall be
reinforced with 6x6 No. 10 gauge welded wire fabric.
Longitudinal slope of sidewalks shall be that of the curb adjacent to the sidewalk. The
transverse slope of the sidewalk shall be 1/4 inch per foot starting at the back of the curb.
The maximum ground slope from the edge of the sidewalk on the property line side shall
not exceed eleven percent (11%). Instead of exceeding a grade of eleven percent (11%)
a retaining wall shall be provided on the property line that is acceptable to the City
Engineer.
Sidewalks shall be constructed by the individual home builder and shall be in accordance
with the City approved plans.
B. Pedestrian Accesses. The Commission may require, in order to facilitate pedestrian
access from the streets to schools, pazks, 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 luke 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.
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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 IJnstream Drainag Ar as: A culvert or other drainage facility
shall in each case be large enough to accommodate potenrial runoff from its entire
upstream drainage area, whether inside or outside the subdivision or addition. The
owner's engineer shall initially determine the aecessary size of the facility, based on
the provisions of the construction standards and specifications assuming conditions
of maximum potential watershed development permitted by the Comprehensive
Land Use Plan, subject to approval by the City Engineer.
(3) Fffect on Downstre m Drainage r as: 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 prescn~bed
by this Ordinance.
(4) 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 Subdivider shall complete all necessary excavation on the channel and
shall sod or seed the channel and obtain a stand of grass to prevent erosion. Unless
the excavation channel bottom is Austin Chalk, limestone, or other similar
acceptable rock, a reinforced concrete pilot chan.nel of sufficient width may be
required by the City Engineer to prevent erosion and/or for access purposes.
- a6 -
(5) C'~nstrLCtinn nf i lnder$round F cilitiet~ A Subdivider shall install drainage
facilities underground to save land space, unless an open channel has been approved
by the City Engineer and subject to participation policies as prescribed by these
regulations.
(6) Detenti~n 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.
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 azea 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 have a drainage basin greater than 100 acres and
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 (c). 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.
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(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 and shall
provide that a lien may be ~led against the property in favor of the City to secure
payment of any expenses incurred by the City for maintenance. The
maintenance easement together with its covenants shall run with the land and
be binding upon subsequent owners of the real estate.
(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 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 entiry. The maintenance easement together with its covenants
shall run with the land and be binding upon subsequent owners of the real estate.
(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 incuned 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.
u. C~l-de-sacs which provide public access fronting on the park.
iu. Loop street which provide public access fronting on the park.
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In all cases, the City shall approve the proposed street alignment fronting on
City parks.
D. Dedication of Drainage Easements
(1) ~ener~l Ren ~ir _m .n s; When a subdivision or addition is traversed by awatercourse,
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 streets or alleys. The
location and size of the access easement shall be determined by the City Engineer.
The minimum 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-Si e: 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) Drainag~ Easements Off-Site: When a proposed drainage system will carry water
across private land outside the subdivision or addition, appropriate drainage
easements allowing for such passage, must be secured in advaace of approval of the
final plat for the subdivision.
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SECTTON 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 Section 252.021, .041, .042, .043, and .049 of the Local Government
Code, as amended.
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 City of Wylie for reuse or disposal. A
"Developers Liability" 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 wluch 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 sigaals 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. C~ty
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-~ve percent (25%) of
the following costs:
(1) Street crossings (bridges or culverts), for 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 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 remain.ing 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 Sectioa 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 thoroug6fares, and preparation of ROW.
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C. Costs of constructing streets built wider than called for in the Thoroughfare Plan.
D. Costs of lights, 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 Section, the City of
Wylie shall pay a maximum of 6% of the City's 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. Def nitions
For purposes of Section 6, the following terms shall have the following meanings:
(1) C'~n i~~ ~c: 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) Develoned Subdivision ~r 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 Subdivider of cost of oversized public dedicated facilities shall include the
Subdivider's name and mailing address. The request must include as-built drawings
showi.ng 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 exceeding
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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 ~inal
. 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 determined 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. F~nding
The City will annually prepare a Capital Improvement Program, a component of wluch
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 construcrion ptans by the City
~ Engineer. In lieu of sucb payment at such time, the City may permit the property owner
to contract with the City and shall agree in such contract that no building permit shall be
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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 retumed 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 pernut 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 improvemeats.
E. Interest Limitation
If money is refunded within six months of deposit, only the principal will be refunded.
Moaies 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 Perimeter Street Fees
Special escrow policies for perimeter street fees are set out in Section 7.04 of these
regulations, and are subject to the general rules of this section except when said section 7.04
provides otherwise.
6.07 Payment of Fees, Charges, and Assessments
As a condition of plat approval, the property owner shall pay all fees, chazges aad assessments
required to assure adequacy of public facilities to the subdivision or addition, as may be
imposed under these or other regulations of the City.
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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 sepazate ordinance, when any plat is tendered to the City for
consideration. 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 fiunish 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 dces not relieve
the developer of his responsibility with regazd to constructing the work in accordance with
design standards. If the contractor fails to meet the speci.fied 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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7.04 Street Improvement Fund
The Subdivider shall, at his own expense, pay for constructing all streets and alleys within the
subdivision and one half (1/2) of all perimeter streets including the integral curb on the side
adjacent to the subdivision, along with all required drainage facilities, utilities, and other
improvements as determined by the City. If the City determines that such construction is not
feasible or practical at the time of development of the subdivision, the Subdivider shall pay to
the City a monetary amount equal to the cost of the required improvements. The amount shall
be determined by the City Engineer and the cost calculations shall be available to the
subdivider. The funds shall be placed by the City into a fund labeled "Street Improvement
Fund" and shall be specifically used for improvements related to paving, drainage and/or
utilities required for the particular road or street. The payment of the funds for required
improvements shall be prerequisite for approval of any plat for the subdivision.
On those occasions when the perimeter streets of a subdivision are also state or U.S. highways,
the responsibility for perimeter street paving or payment in lieu of paving shall be calculated
in the same manner mentioned in the preceding paragraph. However the responsibility shall
be for only one traffic lane or twelve feet of street paving multiplied by the running front
footage of the subject property.
If improvement to said road or street does not occur within a twenty (20) year period from the
date the money is so placed on deposit with the City, said money including any earned interest
thereon shall be returned to the property owners of record at that time. Should the City make
said improvement within the period specified then the City is entitle~fo use all funds including
earned interest in order to accomplish the required paving project. Said earned interest shall
be considered to offset the cost of inflation to a project. In no case except the twenty (20) year
default provision made above, shall any developer be entitled to a refund of any amount or
portion thereof.
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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
approved pursuant to these regulations, 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 of the subdivision or addition as required in these regulations,
speci~ed in the ~nal plat, and as approved by the Commission, and to dedicate those public
improvements to the City. A,s 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 ~nal 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 agreemeat pertaining to any public improvement for wluch
the developer shall request reimbursement from the City for oversize costs as
provided in Section 6. 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 with 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 ~fteen 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 inevocable.
(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 lus 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 ~le 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 ~le, in lieu of the contract and security, a certified resolution or ordinance from
officers or agencies authorized to act in their behalf, agreeing to complywith 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 agreemeat to be in default and require that all the public improvements
be installed regardless of the eactent 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 Offers. 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 preconstruction 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 accessible on the job site at all times during construction.
(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.
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 aad
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Standard Details of the City of Wylie. Any change in design required during construction
should be made by the Engineerwhose 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.
(1) Stbdivider's Certification of Satisfactorv C'~m in etion
. The City will not accept dedication of required public improvements until the
subdivider's engineer or surveyor has certified to the City Engineer, through
submission of a detailed "as-built" survey plat of the property that the location,
dimensions, materials, and other required public improvements have been completed
as required. 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 Subdivider's
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 1/2", 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 contain.ing the as-built
information shall be submitted. The Subdivider's 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.
(2) ~~r En~ neer's C'_ertification ~f Satisfacto~ .om~j te ion
If in the opinion of the City Engineer all requirements relating to public
improvements have been fully met then 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. Upon acceptance of the required public improvements, the City
Engineer shall submit a certificate to the developer stating that all required public
improvements have been satisfactorily completed.
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(3) Accentance of PLblic Dedicated Facilities b~ .'n . r
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.
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 these subdivision regulations 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 concemed. This notification and inspecrion 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 geaeral welfaze.
B. Whenever a petition to defer the construction of any public improvement required under
these regulations is granted by the Commission, the properiy 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 perm.it shall be issued for a lot or building site within a subdivision 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.
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(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 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 certifcate 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 suff'icient surety is approved by the City for the completion of all
remaining public improvements.
8.06 Bonds and Insurance
A. Any developer shall furnish security in an amount equal to 100% of the total cost of the
public improvements (including, without limitation, streets, drainage, and water/sewer
lines) for said development in order to indemaify the City against any repairs wluch may
be necessary in connection with the construction of said improvements arising from
defective workmanship or materials for a period of one full year from final acceptance of
each phase of the development. Said security shall be in one of the following forms:
(1) a maintenance boad
(2) an irrevocable letter of credit
(3) a cash escrow deposit
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 constructioa the subdivider or developer shall
furnish a labor and materials payment bond equal to fifty percent (50%) of the cost of the
public improvements.
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C. Prior to the project being approved for construction the subdivider or developer's
contractor shall submit proof of liability insurance according to NG'TCOG Standazds to
cover any and all accidents that are attributable to the construction activity both onsite
~ and offsite.
SECTION 9. - OTHER REQUIREMENTS
9.01 Changes and Variations
A. These rules and regulations aze 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 substandal 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. A 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.
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