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Ordinance 1985-10 ORDINANCE NO. 85-~1? AN ORDINANCE OF THE CITY OF WYLIE, TEXAS PROVIDING FOR THE AMENDMENT OF ORDINANCE 83-18 PARAGRAPH 2.15 PROVIDING A DEFINITION FOR PRIVATE STREET; AMENDING PARAGRAPHS 3.03 AND 3.04; MOVING PARAGRAPH 4.02 SUB-PARAGRAPHS C, D AND E TO BECOME PARAGRAPHS 3.06, 3.07 AND 3.08; INSERTING PARAGRAPH 4.02 SUB-PARAGARH F.5 INTO F.1; ADDITION TO PARAGRAPH 4.02 SUB-PARAGRAPH F.1 "TO THE DEVELOPER"; AMENDING PARAGRAPH 4.02 SUB-PARAGRAPHS F. 3, F.4, F.5 AND F.6; ADDING TO PARAGRAPH 4.04 "FINAL PLAT"; ADDING SUB-PARAGRAPH 4.05; ADDING TO PARAGRAPH 5.01 STREETS; ADDING TO PARAGRAPH 6.01 STANDARD SPECIFICATIONS AND CONSTRUCTION DETAILS; ADDING TO PARAGRAPH 6.02 SUB-PARAGRAPH D PROVIDING FOR SEALING OF JOINTS; ADDING TO PARAGRAPH 6.03 SIDEWALKS; AMENDING PARAGRAPH 6.04 STORM SEWERS, SUB-PARAGRAPH A.2; AMENDING PARAGRAPH 6.06 WATER SYSTEM, SUB-PARAGRAPH A; AMENDING PARAGRAPH 6.06 SUB-PARAGRAPH H-4; AMENDING PARAGRAPH 6.07 SANITARY SEWERS SUB-PARAGRAPH A MATERIALS; DELETION OF SUB- PARAGRAPH C, PARAGRAPH 6.07; ADDING NEW PARAGRAPH C TO SECTION 6.08; 6.09 STREET LIGHTING; AMENDING PARAGRAPH 7.03 DEVELOPMENT FEES; AND PROVIDING FOR A PENALTY CLAUSE AND EFFECTIVE DATE. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, THAT; 2.15 3.03 3.04 3.06 3.07 3.08 4.02 PRIVATE STREET is any street, drive, throughway, thoroughfare, pavement or non-pavement surface where vehicles may travel that is not constructed to city of Wylie standards and is not acceptable for dedication to the city of Wylie. SHALL BE AMENDED TO READ: Any owner of land inside or within one (1) mile of the corporate limits of the city of Wylie............ SHALL BE filed or inside of limits of AMENDED TO READ: No subdivision shall be recorded and no lot in a subdivision or within one (1) mile of the corporate the city of Wylie.......... 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 to these regulations and the rules of the Planning & Zoning Commission. 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. The city hereby defines it's 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 sewerage and water service, until the subdivision 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. APPLICATION PROCEDURE 1 F.l The subdivider shall prepare and submit a PRELIMINARY PLAT to the city Planning & Zoning Commission for it's (the commission's) study and recommendations to the developer. The preliminary plat shall show the entire subdivision and the various phases by which the subdivision will be developed and that lots may be sold within the phase to be developed upon approval of the final plat of that phase by the city council. The preliminary plat shall then be submitted to the city council for final action. The Planning & Zoning Commission and City Council shall act on the preliminary plat within thirty (30) days from the date such plat was filed with each body for their approval. 3. Upon final action on any such final plat by the city planning and zoning commission, the same shall be referred to the city council and the city council shall, at it's next succeeding meeting, consider such final plat for approval. Upon approval action of the city council in the affirmative, the mayor is authorized to sign the signature block "approved for construction". At this time, the developer may pay his required developmental inspection fees as set out in the city of Wylie's fee schedule ordinance and begin construction of the public facilities to be dedicated to the city of Wylie upon completion and certification of acceptable construction by the city staff. 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 is the developers assurance that no changes will be required from the approved final plat. 4. As construction of the required public dedicated facilities continues, inspections will be made during the progress of all items intended for dedication to the city. Upon completion of the "intended for dedicated improvements", the developer shall apply to the city council for final acceptance of the plat and the dedications and easements for construction. The city staff shall certify 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 for each phase. 5. Upon final acceptance of such plat and public properties; and certification that all public improvements meet the city's requirements may the city council accept and sign the final plat document. 6. Following the completion and acceptance of the public works facilities and the filing of the final plat, with Collin County, Texas, 2 4.04 4.05 5.01 6.01 6.02 the issuance of building permits may begin. Building permits may only be issued on a completed development or within a completed phase when phase development was originally proposed, passed and approved. FINAL PLAT R. Payment of inspectional fees for inspecting the public works construction during the construction phase shall be due at the time the city council passes the "approved for construction" paragraph. Said fee is set by the city of Wylie's current fee ordinance and should be referred to for the amount and method of calculation. In no case shall any work begin on any development until said fee is received by the city of Wylie. FINAL WARRANTY INSPECTION PROCEDURE Not later than thirty (30) days prior to the end of a given warranty period for any publicly dedicated facilities which have been required by this ordinance to be installed within a subdivision and subsequently dedicated and accepted by the City of Wylie, the City of Wylie shall inspect those facilities and call for any necessary repairs prior to the termination of the warranty period. The results of this inspection shall be kept by the City as a written record for a period not less than five (5) years. The results of this inspection, any repairs noted and the subsequent action of the developer or contractor concerned shall be part of this record. Copies of this documentation will be delivered to the developer and/or contractor concerned. This notification and inspection procedure shall extend the warranty period until all specified repairs and inspections are completed. STREETS A. (2ND) Private streets or drives are not acceptable except in cases where such streets or drives serve only one property owner. In such cases, the property owner or developer may elect to install a private street to his own specifications without benefit of dedication or acceptance by the city of Wylie. In such cases, the city shall require that a permanent public safety access easement be granted on the final plat document original mylars. In no case shall this option be available if the proposed "private drive" shall provide access for two or more property owners. STANDARD SPECIFICATIONS & CONSTRUCTION DETAILS A. (2nd paragraph) The developer shall be responsible for all costs associated with the final construction, testing etc. connected with the construction of any street, alley or roadway. Compaction and density testing may be verified by any recognized testing firm of the developers choosing with a copy of the results being transmitted to the city of Wylie's code enforcement department. STREET PAVING - CONCRETE 3 6.03 6.04 6.06 D. MISC. 4. 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 competely to prevent the entry of above surface water into the base material area. SIDEWALKS (ADDITION TO FIRST PARAGRAPH) 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. STORM SEWERS A. GENERAL 2. The subdivider shall pay all of the cost associated with storm drainage system improvements involved in the development of his subdivision. Included in these costs shall be any necessary off site improvements, connection extensions, acquisition of easements, testing and costs associated with looping or carry through within or outside of the development. Design and cost figures should include any requirement, for extending available service from one beginning point on the property through and to a connecting point for adjacent properties. In certain cases, solely at the discretion of the city of Wylie, the city may elect to participate in a portion of the cost for over-sizing. No such cost participation shall be valid without written agreement prior to construction. WATER SYSTEM A. In zoning districts SF-I, SF-2, 2F and MH, the minimum size of a water main shall be six inch (6") diameter. The distribution system shall be gridironed with minimum size six (6) inch diameter mains at intervals not to exceed one thousand (1000) feet. Where intervals between "cross connecting" mains must exceed one thousand (1000) feet, where dead-ends must exist, or where in the opinion of the city they are needed, eight (8) inch diameter or larger mains shall be installed. The subdivider shall pay all of the cost associated with water system improvements involved in the development of his subdivision. Included in these costs shall be any necessary offsite improvements, connection extensions, acquisition of 4 easements, testing and costs associated with looping or carry through within or outside of the development. Design and cost figures should include any requirement, for extending available service from one beginning point on the property through and to a connecting point for adjacent properties. In certain cases, solely at the discretion of the city of Wylie, the city may elect to participate in a portion of the cost for over-sizing. No such cost participation shall be valid without written agreement prior to construction. H. FIRE HYDRANTS 4. All fire hydrants shall be painted white, using a minimum of two coats of an approved epoxy paint followed by the top being painted in accordance with the color code below: Water Fire Main Hydrant Size Color (inches) Code 4 White 6 Red 8 Blue 10 Green 12 & 19r. Yellow 6.07 SANITARY SEWERS The subdivider shall pay all of the cost associated with sewer system improvements involved in the development of his subdivision. Included in these costs shall be any necessary offsite improvements, connection extensions, acquisition of easements, testing and costs associated with looping or carry through within or outside of the development. Design and cost figures should include any requirement, for extending available service from one beginning point on the property through and to a connecting point for adjacent properties. In certain cases, solely at the discretion of the city of Wylie, the city may elect to participate in a portion of the cost for over-sizing. No such cost participation shall be valid without written agreement prior to construction. A. MATERIALS Sanitary sewer mains shall be constructed of PVC sewer pipe which meets or exceeds approved AWWA standards in diameters up to 16" and plastic polyurethane pipe of the Spirolite type or equivalent in diameters of 16" and above shall be the city standards. In certain cases, with prior approval, the city 5 will consider the bituminous coated polyethylene lined use of ductile iron pipe. cement lined iron pipe or (Paragraph 3) omit "and vitrified clay pipe". C. PIPE JOINTS omitted. this paragraph shall be 6.08 UTILITY SERVICES C. All taps for potable water connections be made only with a brass double tapping saddle. (renumber subsequent paragraphs). shall strap sub- 6.09 STREET LIGHTING A. (3rd paragraph) One of the sheets provided by the developer in the final platting process shall indicate the location of proposed street lights and the anticipated illumination arcs that such street lights shall provide. 7.03 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 and 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. PENALTY CLAUSE: Any unauthorized person, firm, corporation or other entity who is found guilty of violating the terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction of any such violation shall be subject to a fine of not less than $1.00 nor more than the Texas State laws allow. EFFECTIVE DATE: This ordinance shall become effective upon it's publication. PASSED AND APPROVED BY THE CITY WYLIE, TEXAS, THIS THE /4 T~ . COUNCI~ THE DAY OF v~ CITY OF 1985. ATTEST: Mayor 6