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02-11-2003 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA TUESDAY, FEBRUARY 11, 2003 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 Action Taken row oNs- • Proclamation for Student Government Day 2003 A. Approval of the Minutes from the Regular Meeting of January 28, 2003. B. Consider and act upon approval of a Resolution acknowledging the adoption of the Parks, Recreation and Open Space Master Plan. C. Consider and act upon a resolution authorizing the Mayor to enter into an interlocal agreement with the Collin County Commissioners Court to include the City of Wylie and its extraterritorial jurisdiction in the Collin County Environmental Health Care Services program. D. Consider and act upon a request from the Wylie High School Girls Softball Program to sell concessions at Founders Park and Community Park for the Tanya Jo Thompson Memorial Softball Tournament in March 2003. E. Consider and act upon approval of final acceptance of the 12-inch water line along Sanden Boulevard and authorize final payment to Morrow Construction Co., in the amount of$1,855.15 and accept the project as complete. F. Consider and act upon approval of final acceptance of the sewer line replacements in the alley's between Ballard and Jackson, First and Second, Second and Third, Fourth and Hilltop and Masters and Oak and authorize final payment to Cullum Pipe Systems, in the amount of $33,217.32 and accept the project as complete. G. Consider and act upon a Final Plat for the Bozman Farm Estates Phase 1 Addition, being a certain 94.573 acre tract of land generally located south of Stone Road and east of F.M. 544, being part of the 475.80 acre Planned Development 2002-21, and being all of the 60.026 acre tract of land described in a deed to Bozman Farm Development, Ltd., recorded in Volume 5143, Page 3316 of the Deed Records of Collin County, Texas (DRCCT), and being a part of the 359.660 acre tract of land described in a deed to Bozman Farm Development, Ltd., recorded in Volume 5085, Page 2320 of the DRCCT, and being a part of thi.: 5.80 acre tract of land described in a deed to Charlane C. Dew, recorded in Collin County Clerk's File No. 93-0039229 of the DRCCT, and being situated in the Allen Atterberry Survey,Abstract No. 23 and the Aaron West Survey, Abstract No. 979, City of Wylie, Collin County, Texas. ::. => > €>>`: >=-> > >> >'iNgi: 2:_!<``<i•s 2 < 2`::: 2 2 s<=>' `<`<`2 ass >mmi 2 22 1,":fi2> l • Revisions to Subdivision Regulations • Signage at Municipal Complex In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session,those eAceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this_day of ,2003 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy,this agenda is also posted to the City of Wylie Website at www.ci.wylie.tx.us City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TDD 972/442-8170. MINUTES Wylie City Council Tuesday, January 28, 2003 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 No:-th Mayor Mondy called the meeting to order at 6:00 p.m. with the following council members present; Councilman Joel Scott, Councilman Eric Hogue, Councilwoman Reta Allen, Councilman Merrill Young, Mayor Pro Tern J.C. Worley, and Councilman Chris Trout. The following staff members were also present; City Manager, Biff Johnson; Assistant City Manager, Mindy Manson; Finance Director, Brady Snellgrove; City Engineer, Chris Holsted; Planning Director, Claude Thompson; and Interim City Secretary, Aimee Nemer. INVHCA' 'J<0.06 :PLEO OF A.AXgI Councilman Hogue led the invocation and Councilman Scott led in the Pledge of Allegiance. CI[TI[ZENS PAl TIcIPATIaN No citizens came forward for citizen's participation. 014eteitiby.i.*CittotiWIT*00:#EAUOOthwstWateitlitaissioWgithg**0$ V4istil$00**d0(tedttoCiom will he removed::friint t bie.Consent.Ageudaand>wlll be consi eared.sep� rateX A. Approval of the Minutes from the Special Called Meeting of November 21, 2002, and the Regular Meeting of December 10, 2002, and January 14,2003. B. Consider and act upon approval of a resolution of the City Council of the City of Wylie, Texas, establishing a public newspaper of general circulation to be the official newspaper for the City of Wylie. C. Consider and act upon entering into a local agreement with the City of Parker for the use of the fire-training center located at Fire Station#2 in Wylie, as part of a regional training group. D. Consider and act upon a Final Plat for Lot 1, Block A of Anderson's Little Half Acre Addition (formally known as Lot 5 of McCord's Little Six Subdivision, an Addition not filed for record), being all of a certain 0.48 acre tract of land, located at 2811 F.M. 544, as recorded in a deed to Keith Anderson in Volume 4562, Page 972 of the Deed Records of Collin County, Texas and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. E. Consider and act upon a Final Plat for the Avalon Addition Phase 1, being a certain 42.372 acre tract of land generally located south of Brown Street and west of Kreymer Lane (C.R. 432), Minutes—January.S8,2003 Wylie City Council Page 1 being part of a called 77.14 acre tract described in a deed to Neva Lou Kreymer and Robert Kreymer as recorded in Volume 2787, Page 255 of the Deed Records of Collin County, Texas, and being situated in the Francisco De La Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. F. Consider and act upon a Final Plat for the Avalon Addition Phase 2, being a certain 28.2213 acre tract of land generally located south of Brewn Street and west of Kreymer Lane (C.R. 432), being part of a called 77.14 acre tract described in a deed to Neva Lou Kreymer and Robert Kreymer as recorded in Volume 2787, Page 255 of the Deed Records of Collin County, Texas, and being situated in the Francisco De La Pina Survey,Abstract No. 688, City of Wylie, Collin County, Texas. G. Consider and act upon entering into an Interlocal Agreement with Wylie Northeast Water Supply Corporation for the provision of backup support and repair services. Council Discussion Councilman Scott noted changes to item A on the consent agenda, Page 1 of November 21, 2002 Minutes, Item Number 1 — no council action was taken, delete motion action. Councilman Scott also noted changes to Item A, last page of Minutes for January 14, 2003, Executive Session —North Texas Municipal Water District Settlement- Councilman Scott made motion to approve, Councilman Trout Seconded the motion, vote passed, 7-0. He also stated that Executive Session Item —City Manager's Evaluation— Councilman Scott made motion and Mayor Pro Tern Worley seconded, vote passed, 7-0. Council Action Council noted no other changes to the consent agenda. A motion was made by Councilman Hogue to approve the consent agenda with the noted changes. Councilwoman Reta Allen seconded the motion. A vote was taken and passed, 7-0. INDIVIDUAL+CONSIDERATION 1. Hold a Public Hearing to consider and act upon a change in zoning from Corridor Commercial (CC) District to Multi-Family Residential (MF) District, generally located north of Centennial Drive between Eubanks Lane and Spring Creek Parkway, being all of a 12.393 acre tract of land described as Lot 1, Block B of the Woodlake Village Addition, City of Wylie, Collin County, Texas. (Zoning Case 2002-14) Council Action This item was tabled from the November 12, 2002 Regular Council Meeting. Councilman Chris Trout made a motion to untable the item. The motion was seconded by Councilwoman Allen. A vote was taken and passed, 7-0. The Mayor opened and closed the public hearing with no citizens coming forward. Staff Comments Mr. Claude Thompson, Planning Director, informed Council that the applicant was requesting to table this item for a second time to the February 25, 2003 Council Meeting due to their staff being unable to attend the Council meeting while out of the Country. Mr. Thompson stated that the applicant is aware that if the item is not addressed at the February 25 Council Meeting, then it must be re-advertised for a public hearing. Minutes—January 28,2003 Wylie City Council Page 2 Council Action Councilman Scott made a motion to table this item to the February 25, 2003 Council Meeting. Councilman Worley seconded the motion. A voted was taken and passed, 7-0. 2. Consider and act upon appointing a replacement to the Parks and Recreation Board for one unexpired term ending July of 2004. Council Action Councilman Hogue made a motion to appoint Mr. Frankie Delgado to the Parks and Recreation Board for an unexpired term ending July of 2004. Councilwoman Allen seconded the motion. A vote was taken and passed, 7-0. 3. Consider and act upon appointing a replacement to the Parks and Recreation Advisory Board for one unexpired term ending July of 2003. Council Action Councilman Trout made a motion to appoint Ms. Anne Hiney from the Parks and Recreation Board to serve on the Parks and Recreation Advisory Board (4B Board) for an unexpired term ending in July of 2003. Councilwoman Allen seconded the motion. A vote was tal:.;n and passed, 7-0. • Joint work session with Parks and Recreation Board-Adoption of Park Master Plan Council Action Council adjourned to Work Session at 6:20 p.m. Council called to order a joint Work Session with the Parks and Recreation Board at 6:25 p.m. All Council members and City Staff previously noted were present for the Work Session. The following Park Board Members were present; Dan Chesnut, Anne Hiney, David Willey, and Ivan Holmes. Staff/Consultant Comments Mr.Rob Diaz,Assistant Park Superintendent,introduced Ms. Julie McCall,a consultant from Carter&Burgess. Ms. McCall described to Council the highlights of the Parks, Recreation, and Open Space Master Plan. A handout was provided to Council with information about Phase I — Inventory/Supply Analysis, Standard Analysis, Needs Assessment; and Phase II — Recommended Priorities, Budget Analysis, Funding Methods, and Action Plan. Ms. McCall explained that based on the Master Plan,the City would need to acquire 210 acres of parkland to meet the needs of the projected population of 38,500 in 2011. She stated that Wylie ranks number one in comparison with peer cities on providing baseball/softball and soccer facilities per person.Ms.McCall explained results of the citizen surveys which translate to the recommended priorities. She recommended that once the plan is adopted, the City should publicize the document and refer to it as reference that was compiled with citizens input through the surveys, meetings, and focus groups. She stated that the plan would need to be reviewed every three to five years based on the City's growth. Ms. McCall discussed an option for the City to pursue Regional Park Grants that are joint with surrounding cities or entities; such as Lake Lavon. Ms. McCall encouraged Council to focus on the question of what amenities they want the City of Wylie to be known for throughout the area, whether it be natural resources, athletic facilities,or recreational facilities. Council/Park Board Discussion Councilman Young noted the differences in priorities from Phase Ito Phase II. Ms.McCall stated that in most cities, open space was a lower priority. Councilman Scott noted the age diversity and the number of years in Wylie from the survey respondents. Councilman Scott inquired if the City would be penalized for not working toward the five-year plan when pursuing a grant.Ms.McCall suggested reviewing the plan every three years. Minutes—January 28,2003 Wylie City Council Page 3 City Manager,Mr. Johnson asked if the current amenity centers in new development was included in the Needs Assessment. Ms. McCall stated that private neighborhood facilities were not included in the assessment because they were not typically open to the public. There was some discussion on where the City should focus whether it is on the borders of town with the lakes, or within the City with amenities such as teen/senior centers. Councilman Scott stated that he would like to use the lakes and develop natural resources. Mayor Mondy stated that the City needs to be careful not to limit their focus. The Mayor clarified that the 210 acres included parkland acres and facilities. Councilman Scott inquired how the City can obtain land that is needed from developers. Mr. Johnson stated that no credit is given to developers unless land is donated.He stated that flood plain is usually donated. Councilman Trout asked if staff had an idea of what type of land is going to be available from current developers. Staff stated that there was a soil conservation pond in Birmingham Farms. Mayor Mondy mentioned the two landfill areas on Hooper and Alanis. The Mayor suggested that the Hooper Landfill could be a Regional Park with the City of Sachse.He stated that portion of the land has already been acquired.Mr. Johnson stated that the City needed to be thinking about natural resources and set that land aside now. Mayor Mondy asked the Park Board members if they were in agreement with the priorities that are listed in the plan. Mr.Dan Chesnut,Park Board Chairperson, stated that they did agree with the top ten priorities but not necessarily in that order. Mr. Chesnut stated that the board would like to focus on Founders Park and a Community/Teen/Senior Center. Ms. Hiney stated that City needed to preserve the open space and work with other surrounding communities. She asked the Council where the Park Board should start as far as utilizing the plan. Mayor Mondy encouraged board members to be patient with the process. Mr. Johnson stated that the first step is getting the plan into place to have as a guide. Councilman Trout stated his concern with the issues of land acquisition and a timeframe for doing so. Mayor Mondy suggested that the City discuss options with the WISD for land acquisitions. There was some discussion about partnering with the YMCA. Council informed the Park Board that this option has already been discussed and was not feasible at this time. Councilman Trout asked if reduced maps could be provided to Council for reference. Mr. David Wiley,Park Board Member,stated his concern for utilizing the current funds. Mayor Mondy asked the Park Board to state priorities.The board stated the following: 1. Community Center-Combined Teen/Senior Center 2. Swimming Pool 3. Upgrading current facilities Mr. Ivan Holmes clarified that the Park Board's focus should be on updating current facilities while working towards the identified priorities. Councilman Young charged the Park Board with finding alternative funding methods. Mr. Johnson stated that staff would provide the Park Board with a report identifying a clear direction for the board to be working towards. Minutes—January 28,2003 Wylie City Council Page 4 Council Action There was no Council action during Work Session. Council action taken for this item during Open Session is noted under item number 5 of Individual Consideration below. The Mayor called for a five-minute recess at 7:20 p.m. Council reconvened into Work Session at 7:28 p.m. • Single Family Residence Licensing Staff Comments Police Lieutenant Mike Davis introduced Code Enforcement Officer Mike Zapata. Mr.Zapata stated that the Single Family Residence Licensing Ordinance was very progressive and that he was looking forward to moving in that direction upon Council approval. Council Discussion Councilman Worley recommended tabling this issue. He requested that Mr. Zapata provide data from other cities in the state of Texas that are enforcing a similar ordinance. Council Action There was no Council action during Work Session. Council action taken during Open Session is noted under item number 6 of Individual Consideration below. • EMS Contract with ETMC and the proposed amendment to the contract Staff Comments Fire Chief Shan English addressed Council on this item. He stated that the Wylie Fire Department has been in negotiations with East Texas Medical Center Emergency Medical Service (ETMC) to have ETMC/EMS personnel report to and be supervised by the Wylie Fire Department. Chief English stated that the primary benefit to this proposal is that ETMC/EMS employees would report directly to the on- duty company officer of the Wylie Fire Department. Chief English told Council that this will ensure that ETMC/EMS employees are supervised properly and on-site as well as ensuring that they are utilizing their time to receive training. He stated that discipline issues will go through the Wylie Fire Department. Chief English told Council that the proposal states that ETMCIEMS employees will wear the WFD uniform with a newly designed patch to include the ETMC name. Chief English stated that this proposal is contingent on the City's intent to renegotiate a contract with ETMC at contract renewal. He stated that ETMC has indicated that with Wylie's growth, the current subsidy rate will not increase even with the City of Sachse pulling out of the coalition. Chief English offered to answer any questions from Council. Council Discussion Mayor Mondy inquired if the subsidy would decrease with the recent growth. Chief English stated that with Sachse pulling out, the subsidy would be distributed among the communities involved in the coalition. Mayor Mondy inquired if the surrounding communities who are involved in the coalition are aware of the possible increase in subsidy due to the loss of Sachse's share. The Mayor asked if the communities have been given a budgeting number to work with for their subsidy. Chief English stated that a meeting is scheduled for the third week of February with coalition members to discuss budget figures. Councilman Scott inquired about the contract's indemnity clause and the proposal that ETMC/EMS employees will be wearing WFD uniforms with the ETMC patch. There was some discussion as to whether the indemnity clause would hold harmless the City of Wylie in the event that an ETMC employee was sued. Councilman Scott stated that in that scenario, it is likely that the City would also be Minutes—January 28,2003 Wylie City Council Page 5 sued. Chief English stated that this was an issue that the attorney's reviewed. City Manager, Mr. Johnson clarified that ETMC would still carry their own bond and insurance for their employees. Councilman Hogue inquired if there was any issue of ETMC employees considering themselves City employees and not `contracted employees'. Chief English stated that separation would be ensured. Councilwoman Allen stated that her only concern was the fact that the ETMC/EMS employees would be wearing the WFD uniform and representing the City and the Fire Department. Chief stated that the intent of the proposed contract amendment is that the ETMC/EMS employees will be directly supervised and disciplined by the Wylie Fire Department. Councilwoman Allen inquired about the number of transfers that ambulances were providing. Chief English stated that the transfers were very minimum, not even five a year. He stated that mostly private companies were handling transfers. Council Action There was no Council action during Work Session. Council action taken during Open Session for this item is noted under item number 4 of Individual Consideration below. • Signage in Municipal Complex Staff Comments City Manager,Biff Johnson, requested that this item be tabled to the next City Council Work Session on February, 25,2003. INDIVIDUAL CONSIDERATION 4. Consider and act to approve the Supplemental Agreement to Contract for Paramedic Ambulance Services between East Texas Medical Center Emergency Medical Service (ETMC) and the City of Wylie. Council Action This item was discussed in Work Session. Council reconvened into open session at 7:32. Councilman Hogue made a motion to approve. Councilman Worley seconded the motion. A vote was taken and passed, 7-0. 5. Consider and act upon adopting the new Parks, Recreation and Open Space Master Plan prepared by Carter and Burgess,Inc. Council Action This item was discussed in a Joint Work Session with the Parks&Recreation Board. Council reconvened into open session at 7:18 p.m. Councilman Trout made a motion to adopt the Park Master Plan. Councilman Young seconded the motion. A vote was taken and passed,7-0. 6. Consider and act upon adoption of the Single Family Residence Licensing Ordinance. Council Action This item was discussed briefly in Work Session. Councilman Hogue made a motion to table this item. Councilwoman Allen seconded the motion. A vote was taken and passed, 7-0. Minutes—January 28,2003 Wylie City Council Page 6 No ordinances were approved. 1 xECU VE SESSION • In accordance with Chapter 551, Government Code, Vernon's Texas Code Annotated (Open Meeting Act), Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation,reassignment,duties,discipline,or dismissal of a public officer or employee. Council convened into Executive Session at 7:42 p.m. Council received information from Staff. No action was taken as a result of the Executive Session. AT3JO[ Mfi T` The meeting was adjourned at 8:10 p.m. John Mondy,Mayor ATTEST: City Secretary Minutes—January 28,2003 Wylie City Council Page 7 WYLIE CITY COUNCIL AGENDA ITEM NO. B. February 11, 2003 Issue Consider and act upon approval of a Resolution acknowledging the adoption of the Parks, Recreation and Open Space Master Plan. Background On January 28, 2003, the Wylie City Council approved the final draft of the Parks, Recreation and Open Space Master Plan. The goal of the Master Plan is to assist the City of Wylie Parks and Recreation Department with a set of priorities for future growth. The previous Parks, Recreation and Open Space Master Plan was completed in January 1995 and would generally be considered out of date when utilized for grant purposes. The Texas Parks and Wildlife Department (TPWD) recommends that municipalities develop a new or updated Master Plan every three to five years. Following the City Council's adoption, a copy of the Master Plan and accompanying Resolution must be forwarded to TPWD for their consideration. TPWD will use the Master Plan in conjunction with the City's future grant submittals to their office. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations The Parks and Recreation Board adopted the master plan at their regular meeting Monday, November 18, 2002. Staff Recommendations Staff recommends approval of the Resolution acknowledging the adoption of the Master Plan. Attachments Resolution Prepared by Reviewed by Finance City anager royal RESOLUTION NO. A RESOLUTION OF THE CIT.'Y COUNCIL OF THE CITY OF WYLIE ADOPTING THE WYLIE PARKS, RECREATION AND OPEN SPACE MASTER PLAN. WHEREAS, the City of Wylie, through the approval of the 4B Sales Tax election of January 1994, is committed to the development and enharcement of its parks and recreational infrastructure; and WHEREAS, the City of Wylie recognizes the direct impact that parks and recreational facilities have on the quality of life for the citizens of Wylie; and WHEREAS, the City of Wylie desires to plan for the development of a park system which is capable of supporting the expected recreational needs of the community as it approaches its ultimate population; and WHEREAS, the City of Wylie has completed an update of the Parks, Recreation and Open Space Master Plan; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE that the Wylie Parks, Recreation and Open Space Master Plan be adopted. Introduced, read and passed by the affirmative vote of the city Council of the City of Wylie on this 11th day of February 2003. John Mondy, Mayor ATTEST: Aimee Nemer, City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. C. February 11, 2003 Issue Consider and act upon a resolution authorizing the Mayor to enter into an interlocal agreement with the Collin County Commissioners Court to include the City of Wylie and its extraterritorial jurisdiction in the Collin County Environmental Health Care Services program. Background The City has utilized Code Enforcement and Building Inspections personnel to provide Environmental health services in the past. Environmental health services includes the inspection of day care facilities, restaurants, schools, food service facilities, public swimming pools, bed and breakfast establishments and hotels/motels. Normally those inspections are done by registered sanitarians in other jurisdictions. The cost to hire a registered sanitarian would be $40,000 -- $50.000 per year for salary and benefits alone. The interlocal agreement would cost the City an annual amount that would be calculated at 80 cents per each inhabitant of the City based on the most recent population established by the North Central Texas Council of Governments. A.the present, it would be less costly for the City to contract with Collin County to provide these services. Collin County will be utilizing registered sanitarians to provide these services. Financial Considerations The estimated cost for this fiscal year is $11,010.00. The cost for this item is budgeted in the 2002- 2003 fiscal budget. Other Considerations N/A Board/Commission Recommendation N/A Staff Recommendation Approve the attached resolution authorizing the Mayor to enter into the interlocal agreement for Collin County to provide Environmental Health Services to the City of Wylie. Attachments Interlocal Agreement Resolution Prepared by Reviewed by Finance City Manag pproval COURT ORDER NO. INTERLOCAL ENVIRONMENTAL SERVICES AGREEMENT THIS AGREEMENT is entered into on the day of by and between the City of Wylie (Municipality') and Collin County (County'), local governments of the State of Texas. RECITALS 1. The County operates the Collin County Environmental Health Care Services, which is a local health department established pursuant to the Local Public Health Reorganization Act, Chapter 121, Texas Health and Safety Code ("The Act"). 2. The Collin County Environmental Health Care Services performs public health functions that the Count y is authorized to perform including, but not limited to, environmental services to protect and promote public health. 3. The Municipality desires to obtain certzin environmental services from the County to be performed for Municipality's residents to insure their health and welfare. Therefore, under the authority of the Interlocal Cooperation Act, Chapter 791, Texas Government Code, the parties agree as follows: SECTION 1. DEFINITIONS 1.01 Environmental Services. The term "Environmental Services" means services provided by the Collin County Environmental Health Department. These services shall include, but are not limited to: a. inspections of the day care facilities b. inspections of restaurants, schools and other food service facilities c. inspections of public swimming pools d. inspections of hotels and motels e. inspections of bed and breakfast establishments f investigating any other environmental health complaints g. investigating complaints related to the activities listed in a. — e. above 1.02 Inspection. The term "Inspection" means an on-site examination to determine whether the facility being inspected is in compliance with the Municipality's Standards. 1.03 Municipality Standards. The term "Municipality Standards" means state and local ordinances and regulations that have been adopted by the Municipality which are applicable to the facility being inspected. SECTION 2. TERM 2.01 Term. The term of this Agreement shall commence on the day of and shall continue in full force and effect for a period of one (1) year. 2.02 Termination. Either party may terminate this Agreement by giving ninety (90) days written notice to the other party. SECTION 3. SERVICES 3.01 Services to be Provided. The County agrees to provide to the Municipality's residents, on behalf of the Municipality, the Environmental Service or services required for the enforcement of state ordinances and regulations. 3.02 Time of Performance. The County agrees to perform the services required the by Municipality under this Agreement, within three (3) working days of receipt of any complaint or request by the Municipality. Provided however, the Municipality may request emergency inspections at their sole discretion and the County agrees to inspect accordingly. The applicant must request of the Municipality an inspection as defined in accordance with the City of Wylie Food Service and/or Retail Food Store Ordinance as it exists or may be amended. 3.03 Notification to Municipality. The County agrees to notify the Municipality in writing on report forms provided by the Municipality of the results of the County's inspection within five (5) working days of the inspection. SECTION 4. NONEXCLUSIVITY OF SERVICE PROVISIONS The parties agree that the County may contract to perform services similar or identical to those specified on this Agreement for such additional governmental or public entities as the County, in its sole discretions, sees fit. SECTION 5. COMPENSATION 5.01. Basic Charge. The Municipality shall pay the County a yearly Basic Charge calculated as $.80 per each inhabitant of the Municipality as determined by the most recent North Texas Council of Government population projections for the services to be performed under this Agreement. This amount shall be due each year regardless of the amount of services performed by the County. The Basic Charge shall be paid by the Municipality each year in four(4) equal quarterly installments. The first installment shall be due on the date of execution of this Agreement The remaining installments shall be due at three (3) month intervals from the date of execution of this Agreement and when the County submits an invoice to the City for the amount due. 5.02 Inspection Charge. In addition to the Basic Charge set out in Section 5.01, an Inspection Charge in an amount determined by the Collin County Commissioner's Court shall be collected by the County from the person receiving the services for each inspection performed by the County under the terms of this Agreement. The County shall bill the person receiving the service for the Inspection Charge. The Municipality shall be exempt from all charges made pursuant to this section. 5.03. Source of Payment. The Municipality agrees that payments which it is required to make under this Agreement shall be made out of the Municipality's current revenues. 5.04. Issuance of Permits. The Municipality and County agree that requests for services under this Agreement shall be made by the business or property owners. Complaints received by the Municipality shall also be referred to the County for services. The Municipality may further request inspections on its own initiative. SECTION 7. CIVIL LIABILITY Any civil liability relating to the furnishing of services under this Agreement shall be the responsibility of the County, except as herein provided. The parties agree that the County shall be acting as an independent contractor for the Municipality in performing services contemplated by this Agreement. The County shall hold the Municipality free and harmless from any obligation, costs, claims, judgments, attorney's fees, attachments, and other such liabilities arising from or growing out of the services rendered to the Municipality pursuant to the terms of this Agreement or in any way connected with he rendering of said services, except when the same shall arise because of the willful misconduct or negligence of the Municipality. SECTION 8. AMENDMENT This Agreement shall not be amended or modified other than in written agreement signed by the parties. SECTION 9. CONTROLLING LAW This agreement shall be deemed to be made under, governed by and construed in accordance with the laws of the State of Texas. Venue shall be in Collin County, Texas. SECTION 10. NOTICES 10.01. Form of Notice. Unless otherwise specified, all communications provided for thin this Agreement shall be in writing and shall be deemed delivered, whether actually received or not, seventy-two (72) hours after deposit in the United States mail, first class, registered or certified, return receipt requested, with proper postage prepaid or immediately when delivered in person. 10.02 Addresses. All communication provided for in this Agreement shall be addressed as follows: (a) if to the County, to: Collin County Environmental Health Services 825 N. McDonald Street, Suite 170 McKinney, TX 75069 (b) If to Municipality, to: City of Wylie Building Inspections 2000 Hwy 78 N Wylie, TX 75098 Or such person at such other address as may from time to time be specified in a notice given as provided in this section 10. In addition, notice of termination of this Agreement by the Municipality shall be provided by the Municipality to the County Judge of Collin County as follows: The Honorable Collin County Judge Collin County Courthouse 210 S. McDonald Street McKinney, TX 75069 SECTION 11. CAPTIONS The heading to the various sections of the Agreement have been inserted for the convenient reference only and shall not modify, define, limit, or expand the express provision of this Agreement. SECTION 13. OBLIGATION OF CONDITION All obligations of each party under this Agreement are conditions to further performance of the other party's continued performance of its obligation under the Agreement. SECTION 12. COUNTERPARTS This Agreement may be executed in counterparts, each which, shall be deemed an original for all purposes. SECTION 13. SOVEREIGN IMMUNITY The parties agree that no party has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. SECTION 14. EXCLUSIVE RIGHT TO ENFORCE THIS AGREEMENT The County and the Municipality have the exclusive right to bring suit to enforce this Agreement, and no other party may bring suit, as a third-party beneficiary or otherwise, to enforce this Agreement. SECTION 15. PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sold and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the services to be provided under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. "COUNTY" COLLIN COUNTY, TEXAS BY: TITLE: DATE: "MUNICIPALITY" CITY OF WYLIE, TEXAS BY: TITLE: DATE: Attested by: RESOLUTION NO. A RESOLUTION OF THE CITY OF WYLIE, TEXAS, REQUESTING THAT THE COUNTY OF COLLIN INCLUDE THE CITY OF WYLIE AND ITS EXTRATERRIRORIAL JURISDICTION IN THE COLLIN ENVIRONMENTAL HEALTH CARE SERVICES PROGRAM AND AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE COMMISSIONERS' COURT FOR SAID PROGRAM. WHEREAS, the County of Collin, Texas operates the Collin County Environmental Health Care Services, which is a local health department existing pursuant to the Local Public Health Reorganization Act, Chapter 121 of the Texas Health and Safety Code. WHEREAS, the Collin County Environmental Health Care Services perform public health functions that the County of Collin is authorized to perform including, but not limited to, environmental services to protect and promote public health; and WHEREAS, Interlocal Cooperation Act, Chapter 791 of the Texas Government Code authorizes agreements to increase efficiency and effectiveness of local governments; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUCH, OF THE CITY OF WYLIE, TEXAS; Section 1. The Commissioners of the County of Collin are hereby requested to include the City of Wylie and its Extraterritorial Jurisdiction in the Collin County Environmental Health Care Services Program. Section 2. An official copy of this resolution shall be forwarded to the Commissioners' Court for their consideration. Section 3. The Mayor of the City of Wylie, is hereby authorized to enter into an Interlocal Agreement for participation in said program. PASSED AND APPROVED on the day of , 2003. John Mondy, Mayor ATTEST: Aimee Nemer, City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. D. February 11, 2003 Issue Consider and act upon a request from the Wylie High School Girls Softball Program to sell concessions at Founders Park and Community Park for the Tanya Jo Thompson Memorial Softball Tournament in March 2003. Background The Wylie High School Girls Softball Program is requesting to sell concessions at Community Park and Founders Park as a fundraiser for their program during the Tanya Jo Memorial Tournament. This is the third year of this event. Financial Considerations N/A Other Considerations Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale, vend, peddle, sell or offer to sell any cold drinks, cigars, tobaccos, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility; provided, however, that this section shall not apply to any person, organizations, firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods, wares, and merchandise within the city park or recreation or community center facilities of the city. Board/Commission Recommendation The Parks and Recreation Board unanimously approved the request at their regular meeting, January 27, 2003. Staff Recommendation Staff recommends approving the request. Attachments Parks and Recreation Vendor Request Form 'vimrl1 Prepared by Reviewed by Finance City a pproval 1 ... ar. . CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM NAME OF GROUP,ORGANIZATION, INDIVIDUAL,ETC. EVENT INFORMATION Name Jenine Kuss Wylie High School Location All City Softball Fields Address 2550 W. Hwy 544 Wylie Date(s) March 6,7,8 Phone No. 972-429-3494 Start Time March 6 and 7: 3:00pm March 8:8:00am Alternate Phone No. 214-923-6332 End Time March 6 and 7 10:00pm, March 8: 5:00pm Contact Person Name Jenine Kuss Number of Individuals Vending Items Several Address 2550 W. Hwy 544 Wylie Target Audience High School Softball Players and Parents Phone No. 972-429-3494 Anticipated Number in Attendance at Event 18 teams Alternate Phone No. 214-923-6332 Specific Items to be Sold Various Concession Items Emergency Contact Name Joe Pearce Address 2550 W. Hwy 544 Wylie Phone No. 972-442-2218 Alternate Phone No. Helpful Information The City of Wylie has an exclusive contract that allows the sale of only Pepsi products within all park, recreation, community center facilities, and other city facilities. If food is prepared on-site or if food is prepared off-site and brought to the location to be sold, the vendor must contact the City Inspections Office at 972-442-8150 in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine the food preparation and food storage equipment to assure the health and safety of customers. Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any rerson to solicit for sale, vend, peddle, sell or offer to sell any cold drinks, cigars, tobaccos, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility; provided, however, that this section shall not apply to any person, organizations, firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods,wares,and merchandise within the city park or recreation or community center facilities of the city. WYLIE CITY COUNCIL AGENDA ITEM NO. E . February 11, 2003 Issue Consider and act upon approval of fmal acceptance of the 12-inch water line along Sanden Boulevard and authorize fmal payment to Morrow Construction Co., in the amount of$1,855.15 and accept the project as complete. Background On August 13,2002 the Wylie City Council awarded a construction contract to Morrow Construction Co. for the construction of approximately 833 linear feet of a 12-inch water line along Sanden Boulevard. The construction of the water line completed the loop from Hensley Lane to FM 544. The walk through has been performed and the contractor has addressed all of the items identified. No quantity adjustments were made to the contract. The fmal construction cost for the project is $37,103. Financial Considerations The FY 2002 budget included$90,000 for the Sanden water line project. Summary of Fees Engineering Services 10,900 Surveying Services 3,000 Construction 37.103 Total $51,003 Other Considerations Acceptance by the City Council will initiate the one-year warranty period during which the contractor is liable for any repairs that may be required. A provision in the contract provides that the warranty period begins on the date of fmal acceptance by the City. Staff Recommendations The Engineer and Staff recommends fmal acceptance of the project and issuing fmal payment to Morrow Construction Co. in the amount of$1,855.15. The contractor has satisfactorily fulfilled the terms of the contract. Attachments Final Payment Request Contractor Affidavit of Final Payment and Release Prepare by Reviewed by Finance City ag: proval THE HOGAN CORPORATION Engineers • Planners • Consultants January 28,2003 Mr.Biff Johnson City Manager City of Wylie 2000 Hwy. 78 North Wylie,TX 75098 Attention: Chris Hoisted Re: Sanden Boulevard Water Main THC#002-59.20 Dear Mr. Johnson: Enclosed please find four(4)copies of Morrow Construction's Pay Request Number 2 and Final for the referenced project, for the period of November 27,2002 through December 30,2002, in the amount of $1,855.15. This final pay request includes release of all retainage held on the contract amount. The Contractor has submitted a"Consent of Surety to Final Payment"from the bonding company as well as an "Affidavit of Final Payment and Release." Copies of these documents are attached for your reference. Based on our general review of construction,and reports from the City's Construction Observer, it is our opinion that the work has been constructed in substantial conformance to the approved plans and specifications,as amended. We therefore recommend the City accept the construction and authorize final payment to Morrow Construction in the amount of$1,855.15. Approval of the Final Pay Request and acceptance of the project will initiate the one-year warranty period. Upon your approval of this pay request,please sign all four(4)copies in the spaces provided,retaining two copies for your files,and forward one copy to us,and one to the contractor with your remittance. If there are any comments or questions on the above,please do not hesitate to contact the undersigned. Very truly yours, THE HOGAN CORPORATION .F .on,P.E. ice 'resi'ent Enclosures cc: Will Morrow,Morrow Construction /I Member, Consulting Engineers Council of Texas 18333 Preston Road, Suite 455� Member, American Consulting Engineers Council Dallas, Texas 75252 TEL: (972) 380-4646 Application for Payment No 2 and Final -Sanden Blvd. Water Main Owner: City of Wylie For Period From: November 27,2002 To: December 26,2002 Project Name: Sanden Blvd.Water Main Owner's Project No.: Engineer's Project No.: 002-59.20 Contractor: Morrow Construction Address: P.O.Box 158 Lavon,TX 75166 CONTRACT AMOUNT CONTRACT TIME Part A Amount of Contract as Awarded: $37,103.00 Contract Date: November 11,2002 Change Orders: Start Date: November 11,2002 Time Allotted: 45 cal.days Time Extensions: 0 cal.days Revised Contract Time: 45 cal.days Elapsed: 45 cal.days %Time Elapsed: 100.00% Remaining: 0 cal.days Total Change Orders: $0.00 Total Adjusted Contract: $37,103.00 • ESTIMATE SUMMARY Amount Completed to Date(See Attached): $37,103.00 Material on Hand(See Attached): PROJECT TOTAL TO DATE: 100.00% $37,103.00 Less 0% Retainage: $0.00 Less Previous Payments: $35,247.85 Total Deductions: $35,247.85 ($35,247.85) TOTAL AMOUNT DUE THIS ESTIMATE: $1,855.15 Recommended: Approved: By: By: Date: Date: Engineer City of Wylie 1/27/03 Page 1 App for Pay 01/22/2003 15:30 9728430222 MORROW CONST PAGE 02 Morrow Construction " Texas 7514§-0158•j9721843460t"(9721843-2681"Fax(972)843-Q222 •"INVOICE" January 22, 2003 City of Wylie Wylie TX RE: Sanden Blvd Water Main Final Request for Payment FAX 972-380-4633 Hogan Corp ITEM DESCRIPTION QTY WM PRICE EA EXTENDED NO. 1 Retainage 1 LS 1855.15 $1,855.15 TOTAL OF THIS INVOICE ==> $1,855.16 Thank You Will Morrow , .02 9728430222 MORROW CONST PAGE 02 Morrow Construction P.O,Box 158'j avon.Texas Zj 86-015$"(972)843-3601 •(97Z) -ISB1•F x t9 2) -0222 " INVOICE'" November 26,2002 City of Wylie RE: Sanden Blvd Water Main Wylie TX ITEM DESCRIPTION QTY U/M PRICE EA EXTENDED NO. 1 12"DR 18 PVC C-900 833 If 30.00 324,990.00 2 20"Steel Casing Pipe 10 If 42.00 $420.00 3 Ductile Iron Fittings 0.5 to 3600.00 $1,800.00 4 Fire Hydrant 2 ea 1850.00 83,700.00 5 Connect to Existing 12"Water Main 2 ea 800.00 81,600.00 s 2000 psi Concrete Encasement 188 If 20.00 $3,780.00 7 Trench Safety 833 tf 1.00 8833.00 TOTAL OF THIS INVOICE •da> 837,103.00 Thank You Will Morrow AFFIDAVIT OF CONTRACTOR STATE OF TEXAS COUNTY OF Collin I hereby certify that all bills for labor and materials on Sanden Blvd 12" Water Main project : have been paid by the undersigned and that no outstanding bills for labor or materials exist on the above referenced project . In consideration of receiving final payment , and upon re- ceipt of final payment , the undersigned does hereby hold harm- less and indemnify the City of Wylie Texas from any liability, and will re-imburse the City of Wylie Texas for all its costs , expenses , court costs , reasonable attorney' s fees and damages on any such claims or lawsuits hereinafter made in connection with the above project for any sub-contractor for supplying of labor or. 'materials on said project . I sign this affidavit with full authority and knowledge of the facts contained here-in. Morrow Construction By • 1�►Jt./.l�/1(� Owner Will Morrow SUBSCR BFD TO 4NQ SI RN TO before me under official of office t o 4 d-f e , o �. MY COMMISSION EXPIRES October4,2003 - -Nem_ - - o ary Pu lic in and for .the tata • CONktx _ OW 4ER p. _. ARCHITECT SURETY COMPANY coNTRAcroR o TO FINAL PAYMENT SURETY H R' AIA DOCUMENT G707 PROJECT: 12" Watetr. Lane (name,address) • TO (Owner) E —1 ARCHITECT'S PROJECT NO: City o Wylie CONTRACT FOR: 12" Waters Line Wytie, Texas CONTRACT DATE: Joey, 2002. CONTRACTOR. MotoMoititow Condtitucti.on Lavon, Texas In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above the there insert name and address of Sorer Companyt T�LaveIe, CCU)UaLtr' 8 Sme to Com / , One Toivetc Sgaeai Banc; o� A►ne�r,(ca Naht4o/td, CT 06183-6014 . , SURETY COMPANY, on bond of there insert name and address of Contractor) Motvlow Cows,tAcction P.O. Box 158 Lavon, TX 75166 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall no relieve the Surety Company of any of its obligations to there insert name and address of t owner) City 04 Wyei.e C yLLe, Texa4 • , OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 26th • day •of Decembers, 2002. • T'taveeeAs Caaua,Qt 8 Sety Co. o� Ameiu:.ca Surety Company 'wr Signature of Authorized Representative Attest:N•. 8 (Seal): M. Kite, A.ttonney-In-Fact iame6 P. Fueton te Title NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS,Current Edition AIA DOCUMENT G707•CONSENT OF SURETY COMPANY TO FINAL PAYMENT• APRIL 1970 EDITION•AIAt9 1970•THE AMERICAN INSTITUTE OF ARCHITECTS_1735 tVFtw vnov ...� .�.� .,..-. • TRAVELERS CASUALTY AND SURETY COMPANY OF`AMERICA' TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 • POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") bath made, constituted and appointed, and do by these presents make, constitute and appoint: Cash R. Harbaugh, Chris M. Hill, Donald G. Murray, of Dallas,Texas; their true and lawful Attorneys)-in-Fact,with full power and authority hereby conferred to sign,execute and acknowledge,at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking and any and all consents incident thereto and to bind the Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies,and all the acts of said Attorney(s)-n-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: . VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the seal bonds, the nature of a bon recognizance, Company'srecognizances,contracts of indemnity,and other writings obligatory in d, or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bon d, recognizance,ue Vice or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any ExecutiveVice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Assistant Secretary and duly attested and sealed with theduly executedxm�Secretary e any required)by one or more Attorneys-in-Fact and Company's seal by a Secretary or Assistant Secretary,or(b) (under seal,if by one or by e Companyeys- Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile(mechanical or printed)under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and anysuch certified by such facsimile signature power so executed and and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. • • • (11-00 Standard) WYLIE CITY COUNCIL AGENDA ITEM NO. V. February 11, 2003 Issue Consider and act upon approval of final acceptance of the sewer line replacements in the alley's between Ballard and Jackson, First and Second, Second and Third, Fourth and Hilltop and Masters and Oak and authorize final payment to Cullum Pipe Systems, in the amount of$33,217.32 and accept the project as complete. Background On May 28, 2002 the Wylie City Council awarded a construction contract to Cullum Pipe Systems to replace four deteriorated pipelines and reduce infiltration and inflow in the system. The projects were identified in the 1999 Bond and included approximately 7,400 linear feet of sewer line replacement and related appurtenances. One change order was approved for the replacement of a 12-inch sewer line along Valentine Creek. A walk through was performed and the contractor has addressed all of the items identified. Financial Considerations The change order and final quantity adjustments have increased the contract amount by $14,075.40 for a final construction contract amount of$319,952.10. A summary of the funding sources is shown below: 1999 Bond Funding Sources S2 —Between Ballard and Jackson 97,500 S3 —Between Second and Third 97,500 S5 —Between Fourth and Hilltop 97,500 S6 —Between Masters and Oak 30,000 Total Funds $322,500 To date approximately $48,000 has been spent on engineering and surveying services. Funds will be used from the 1999 Bond I&I Rehab project for the installation of the new sewer line along Valentine Creek. Other Considerations Acceptance by the City Council will initiate the one-year warranty period during which the contractor is liable for any repairs that may be required. A provision in the contract provides that the warranty period begins on the date of final acceptance by the City. Staff Recommendations The Engineer and Staff recommends final acceptance of the project and issuing final payment to Cullum Pipe Systems in the amount of$33,217.32. The contractor has satisfactorily fulfilled the terms of the contract. Attachments Final Payment Request Contractor Affidavit of Final Payment and Release repared by Reviewed by Finance City Man pproval THE HOGAN CORPORATION Engineers • Planners • Consultants January 13, 2003 Mr. Biff Johnson City Manager City of Wylie 2000 Hwy. 78 North Wylie, TX 75098 Attention: Chris Hoisted Re: Miscellaneous Sanitary Sewer Improvements THC#002-58.20 Dear Mr. Johnson: Enclosed please find four(4)copies of Cullum Pipe Systems, Inc. Pay Request Number 5 and Final for the referenced project, for the period of November 26, 2002 through December 25, 2002, in the amount of$33,217.32. This final pay request includes release of all retainage held on the revised contract amount. The Contractor has submitted a"Consent of Surety to Final Payment"from the bonding company as well as an"Affidavit of Final Payment and Release." Copies of these documents are attached for your reference. Based on our general review of construction, and reports from the City's Construction Observer, it is our opinion that the work has been constructed in substantial conformance to the approved plans and specifications, as amended. We therefore recommend the City accept the construction and authorize final payment to Cullum Pipe Systems, Inc. Approval of the Final Pay Request and acceptance of the project will initiate the one-year warranty period. Upon your approval of this pay request, please sign all four(4)copies in the spaces provided, retaining two copies for your files, and forward one copy to us, and one to the contractor with your remittance. If there are any comments or questions on the above, please do not hesitate to contact the undersigned. Very truly yours, THE HOGAN CORPORATION dL I( �u on, P.E. ice P esi nt Enclosures cc: Pat Whiteley, Cullum Pipe Systems, Inc. Member, Consulting Engineers Council of Texas 18333 Preston Road, Suite 455 11 Member, American Consulting Engineers Council Dallas, Texas 75252 TEL: (972) 380-4646 FAX: (972) 380-4633 Application for Payment No 5 and Final - Miscellaneous Sanitary Sewer Improvements Owner: City of Wylie For Period From: November 26,2002 To: December 25,2002 Project Name: Miscellaneous Sanitary Sewer Improvements Owner's Project No.: Engineer's Project No.: 002-58.20 Contractor: Cullum Pipe Systems,Inc. Address: 2814 Industrial Lane Garland,TX 75041 CONTRACT AMOUNT CONTRACT TIME Part A Amount of Contract as Awarded: $305,876.70 Contract Date: May 28,2002 Change Orders: Start Date: July 22,2002 #1 $43,411.40 Time Allotted: 190 cal.days Time Extensions: 0 cal.days Revised Contract Time: 190 cal.days Elapsed: 156 cal.days %Time Elapsed: 82.11% Remaining: 34 cal.days Total Change Orders: $43,411.40 Total Adjusted Contract: $349,288.10 ESTIMATE SUMMARY Amount Completed to Date(See Attached): $319,952.10 Material on Hand(See Attached): PROJECT TOTAL TO DATE: 91.60% $319,952.10 Lest 0% Retainage: $0.00 Less Previous Payments: $286,734.78 Total Deductions: $286,734.78 ($286,734.78) TOTAL AMOUNT DUE THIS ESTIMATE: $33,217.32 Recommended: Approved: By: L3 03 Date: Date: Engineer City of Wylie 1/l0/03 Page 1 App for Pay Owner: City of Wylie Cullum Pipe Systems,Inc. Engineer: The Hogan Corporation Estimate No.: 6-F PO Box 550489 Larry Fuson,P.E. Period Ending: 25-Dec-02 Dallas,TX 75355 Estimate Date: 19-Dec-02 CPS JOB#276 Project: Miscellaneous Sanitary Sewer Improvements ITEM CO BID REV ITEM UNIT BID WORK MONTHLY PRIOR PRIOR WORK TOTAL NO QUANT UNIT THIS MONTH AMOUNT INSTALLED AMOUNT TO DATE AMOUNT 1 1 (808) 2,054 1,246 LF 8"PVC SDR-35 SEWER PIPE 26.50 (3.00) (79.50) 1,049 27,798.50 1,046 27,719.00 2 (106) 2,596 2,489 LF 8"PVC SDR-26 SEWER PIPE 27.20 (99.00) (2,692.80) 2,501 68,027.20 2,402 65,334.40 3 0 9 9 EA REM/REPL 4'MANHOLE 1,880.00 3.00 5,640.00 6 11,280.00 9 16,920.00 4 (1) 7 6 EA 4'MANHOLE 1,660.00 (1.00) (1,660.00) 6 9,960.00 5 8,300.00 5 0 1 1 EA CLEANOUT 150.00 (1.00) (150.00) 2 300.00 1 150.00 6 0 2 2 EA CONNECT TO EXISTING 4" 50.00 0.00 0.00 1 50.00 1 50.00 7 (1) 2 1 EA CONNECT TO EXISTING 6" 65.00 0.00 0.00 1 65.00 1 65.00 8 (2) 3 1 EA CONNECT TO EXISTING 8" 76.00 0.00 0.00 0.00 0.00 9 (1) 2 1 EA CONNECT TO EXISTING 10" 100.00 0.00 0.00 0.00 0.00 10 0 4 4 EA CONNECT TO EXISTING 12" 120.00 0.00 0.00 2 240.00 2 240.00 11 6 101 107 EA DISCONNECT&RECONNECT 4"SEWER: 410.00 0.00 0.00 108 44,280.00 108 44,280.00 0.00 0.00 0 0.00 12 0 700 700 LF 6"PVC WATER PIPE,C900 19.50 0.000.00 0 0.00 13 0 18 18 EA 1"WATER SERVICE 315.00 0.00 0.00 14 317 5,349 5,666 LF TRENCH SAFETY 0.10 172.00 17.20 4,188 418.80 4,360 436.00 15 0 625 625 LF CONCRETE PAVEMENT REPAIR 22.00 0.00 0.00 0.00 0 0.000.00 0 0.00 16 (130) 145 15 LF ASPHALT PAVEMENT REPAIR 18.00 0.00 0.00 ALTERNATE BID Al 0 1,768 1,768 LF 8"PVC SDR-35 SEWER PIPE 25.00 17.00 425.00 1,717 42,925.00 1,734 43,360.00 A2 0 3 3 EA REM/REPL 4'MANHOLE 1,880.00 0.00 0.00 2 3,760.00 2 3,780.00 A3 0 3 3 EA 4'MANHOLE 1,660.00 0.00 0.00 3 4,980.00 3 4,980.00 A4 0 1 1 EA CLEANOUT 150.00 0.00 0.00 1 150.00 1 150.00 A5 0 3 3 EA CONNECT TO EXISTING 8" 75.00 (2.00) (150.00) 5 375.00 3 226.00 A6 0 44 44 EA DISCONNECT&RECONNECT 4"SEWER f 410.00 0.00 0.00 54 22,140.00 54 22,140.00 A7 0 1,768 1,768 LF TRENCH SAFETY 0.10 80.00 8.00 1,717 171.70 1,797 179.70 774 0 774 LF REHABILITATION WITH 10"U-LINER 36.80 0.00 0.00 758 27,136.40 758 27,136.40 20 0 20 EA INTERNAL SERVICE RECONNECTS 200.00 0.00 0.00 14 2,800.00 14 2,800.00 625 0 625 LF 12"PVC SDR-35 SEWER PIPE 34.70 0.00 0.00 638 22,138.60 638 22,138.60 606 0 606 LF REHABILITATION WITH 6"U-LINER 33.00 0.00 0.00 606 19,998.00 606 19,998.00 16 0 16 EA SERVICE RECONNECTS 450.00 0.00 0.00 18 8,100.00 18 8,100.00 3 0 3 EA POINT REPAIR 500.00 0.00 0.00 3 1,500.00 3 1,500.00 TOTAL 1 1,357.90 318,594.20 319,952.10 V _., TOTAL JOB TO DATE 1,357.90 318,594.20 319,952.10 19-Dec-02 LESS 0%RETAINAGE 0.00 0.00 0.00 Pat Whiteley,Estimator Date TOTAL AMOUNT DUE 1,357.90 318,594.20 319,952.10 Cullum Pipe Systems,Inc. LESS AMOUNT PREVIOUSLY PAID 286,734.78 286,734.78 AMOUNT DUE THIS ESTIMATE 1,357.90 31,859.42 33,217.32 12/19/2002 Application for Payment No 5 and Final - Miscellaneous Sanitary Sewer Improvements Owner: City of Wylie For Period From: November 26,2002 To: December 25,2002 Project Name: Miscellaneous Sanitary Sewer Improvements Owner's Project No.: Engineer's Project No.: 002-58.20 Contractor. Cullum Pipe Systems,Inc. Address: 2814 Industrial Lane Garland,TX 75041 CONTRACT AMOUNT CONTRACT TIME Part A Amount of Contract as Awarded: $305,876.70 Contract Date: May 28,2002 Change Orders: Start Date: July 22,2002 #1 $43,411.40 Time Allotted: 190 cal.days Time Extensions: 0 cal.days Revised Contract Time: 190 cal.days Elapsed: 156 cal.days %Time Elapsed: 82.11% Remaining: 34 cal.days Total Change Orders: $43,411.40 Total Adjusted Contract: $349,288.10 ESTIMATE SUMMARY Amount Completed to Date(See Attached): $319,952.10 Material on Hand(See Attached): PROJECT TOTAL TO DATE: 91.60% $319,952.10 Les: 0% Retainage: $0.00 Less Previous Payments: $286,734.78 Total Deductions: $286,734.78 ($286,734.78) TOTAL AMOUNT DUE THIS ESTIMATE: $33,217.32 Recomm ded: Approved: By* By: ill n3 Date: Date: Engineer City of Wylie 1/10/03 Page 1 App for Pay Owner: City of Wylie Cullum Pipe Systems,Inc. Engineer: The Hogan Corporation Estimate No.: 5-F PO Box 550489 Larry Fuson,P.E. Period Ending: 25-Dec-02 Dallas,TX 75355 Estimate Date: 19-Dec-02 CPS JOB#276 Project: Miscellaneous Sanitary Sewer Improvements ITEM CO BID REV ITEM UNIT BID WORK MONTHLY PRIOR PRIOR WORK TOTAL NO QUANT UNIT THIS MONTH AMOUNT INSTALLED AMOUNT TO DATE AMOUNT 1 (808) 2,064 1,246 LF 8"PVC SDR-35 SEWER PIPE 26.50 (3.00) (79.50) 1,049 27,798.50 1,046 27,719.00 2 (106) 2,595 2,489 LF 8"PVC SDR-26 SEWER PIPE 27.20 (99.00) (2,692.80) 2,501 68,027.20 2,402 65,334.40 3 0 9 9 EA REM/REPL 4'MANHOLE 1,880.00 3.00 5,640.00 6 11,280.00 9 16,920.00 4 (1) 7 6 EA 4'MANHOLE 1,660.00 (1.00) (1,660.00) 6 9,960.00 5 8,300.00 5 0 1 1 EA CLEANOUT 150.00 (1.00) (150.00) 2 300.00 1 150.00 6 0 2 2 EA CONNECT TO EXISTING 4" 50.00 0.00 0.00 1 50.00 1 50.00 7 (1) 2 1 EA CONNECT TO EXISTING 6" 65.00 0.00 0.00 1 65.00 1 65.00 8 (2) 3 1 EA CONNECT TO EXISTING 8" 75.00 0.00 0.00 0.00 0.00 9 (1) 2 1 EA CONNECT TO EXISTING 10" 100.00 0.00 0.00 0.00 0.00 10 0 4 4 EA CONNECT TO EXISTING 12" 120.00 0.00 0.00 2 240.00 2 240.00 11 6 101 107 EA DISCONNECT&RECONNECT 4"SEWERS 410.00 0.00 0.00 108 44,280.00 108 44,280.00 12 0 700 700 LF 6"PVC WATER PIPE,C900 19.50 0.00 0.00 0.00 0 0.00 13 0 18 18 EA 1"WATER SERVICE 315.00 0.00 0.00 0.00 0 0.00 14 317 5,349 5,666 LF TRENCH SAFETY 0.10 172.00 17.20 4,188 418.80 4,360 436.00 15 0 625 625 LF CONCRETE PAVEMENT REPAIR 22.00 0.00 0.00 0.00 0 0.00 16 (130) 145 15 LF ASPHALT PAVEMENT REPAIR 18.00 0.00 0.00 0.00 0 0.00 ALTERNATE BID Al 0 1,768 1,768 LF 8"PVC SDR-35 SEWER PIPE 25.00 17.00 425.00 1,717 42,925.00 1,734 43,350.00 A2 0 3 3 EA REM/REPL 4'MANHOLE 1,880.00 0.00 0.00 2 3,760.00 2 3,780.00 A3 0 3 3 EA 4'MANHOLE 1,660.00 0.00 0.00 3 4,980.00 3 4,980.00 A4 0 1 1 EA CLEANOUT 150.00 0.00 0.00 1 150.00 1 160.00 A5 0 3 3 EA CONNECT TO EXISTING 8" 75.00 (2.00) (150.00) 5 375.00 3 226.00 A6 0 44 44 EA DISCONNECT&RECONNECT 4"SEWERS 410.00 0.00 0.00 54 22,140.00 54 22,140.00 A7 0 1,768 1,768 LF TRENCH SAFETY 0.10 80.00 8.00 1,717 171.70 1,797 179.70 774 0 774 LF REHABILITATION WITH 10"U-LINER 35.80 0.00 0.00 758 27,136.40 758 27,136.40 20 0 20 EA INTERNAL SERVICE RECONNECTS 200.00 0.00 0.00 14 2,800.00 14 2,800.00 625 0 625 LF 12"PVC SDR-35 SEWER PIPE 34.70 0.00 0.00 638 22,138.60 638 22,138.60 606 0 606 LF REHABILITATION WITH 6"U-LINER 33.00 0.00 0.00 606 19,998.00 606 19,998.00 16 0 16 EA SERVICE RECONNECTS 450.00 0.00 0.00 18 8,100.00 18 8,100.00 3 0 3 EA POINT REPAIR 500.00 0.00 0.00 3 1,500.00 3 1,500.00 TOTAL I 1,357.90 318,594.20 319,952.10 )1/(AdikAZE61? TOTAL JOB TO DATE 1,357.90 318,594.20 319,952.10 J 19-Dec-02 LESS 0%RETAINAGE 0.00 0.00 0.00 Pat Whiteley,Estimator Date TOTAL AMOUNT DUE 1,357.90 318,594.20 319,952.10 Cullum Plpe Systems,Inc. LESS AMOUNT PREVIOUSLY PAID 286,734.78 286,734.78 AMOUNT DUE THIS ESTIMATE 1,357.90 31,859.42 33,217.32 12/19/2002 Specialists in -,a.'V tN Ae'. 2814 INDUSTRIAL LN Municipal Pipe ` n-tea,, GARLAND,TX 75041 Rehabilitation f A.4.`' MAILING ADDRESS: TEL(972) 271-1030 *d f FAX(972) 278-0980 ,s . P.O. BOX 550489 1-800-858-0894 ,p � �t ? ♦• DALLAS,TX 75355-0489 rEm5 $ CONTRACTORS AFFIDAVIT OF FINAL PAYMENT AND RELEASE THE STATE OF TEXAS THE COUNTY OF DALLAS BEFORE ME,the undersigned authority,on this day personally appeared Patrick L.Whiteley(the"Affiant"),who,after being duly sworn,deposes and says that he is Patrick L.Whiteley,of Cullum Pipe Systems,Inc.,a corporation in Dallas County,State of Texas(the"Contractor"),which said Contractor was awarded the contract dated 28m day of May 2002,for the construction of Miscellaneous Sanitary Sewer Improvements for the City of Wylie,Texas(the"Work")for a total consideration of Three Hundred Nineteen Thousand Nine Hundred Fifty Two Dollars and Ten Cents($319,952.10)(the "Contract")to be paid to the said Contractor,and that Affiant has full power of authority to make this affidavit. That THE CITY OF WYLIE(the"Owner")has approved the final estimate on said Work,and that the said Contractor has fully satisfied and paid all claims that may be covered by Chapter 53 of the State of Texas,or any other applicable statutes or charter provisions,and that all just bills for labor and materials have been paid and discharged by said Contractor insofar ad they pertain to the Work in question. That in addition to any funds which may have been previously paid by the Owner,the Contractor hereby accepts the amount of Thirty Three Thousand Two Hundred Seventeen Dollars and Thirty Two Cents($33,217.32)as FULL AND FINAL PAYMENT under the aforementioned Contract,and hereby waives and releases any right Affiant and/or Contractor may have to pursue claims of any nature against the Owner arising out of or in any manner connected with the performance of the Work and/or labor for the Work for or through the Contractor("Subcontractors"),as well as claims for delay, additional compensation or for recovery of liquidated damages which may have been withheld by the Owner.The Contractor further releases the Owner from any claim or liability arising from any act or neglect of the Owner related to or connected with the Contract.This affidavit is given to the final payment provisions of the Contract,and shall not be deemed to alter or modify the terms and provisions of said Contract. [Affiant's gnature] SWORN AND SUBSCRIBED before me on December 19,2002 [Date]] (-Z/-Cee/' N Lary Public in and for the State of TEXAS ►""d•;, LAWRENE HITT • Notary Public,State of Texa : ;(I i �. My Commission Expires [Print or type Notary Public name] ,1,47:1*.; August 02,2005 '_ My Commission Expires: f`02 M e D S_ [Expiration Date] END Of DOCUMENT 6172492 CONSENT OF OWNER El SURETY COMPANY ARCHITECT El CONTRACTOR ❑ TO FINAL PAYMENT SURETY ❑ Conforms with the American Institute of OTHER Architects,AIA Document G707 PROJECT: City of Wylie,TX -Miscellaneous Sanitary Sewer Improvements (name, address) TO (Owner) EThe City of Wylie,TX ARCHITECT'S PROJECT NO: do The Hogan Corporation ATTN: CONTRACT FOR: Miscellaneous Sanitary Sewer Improvements, VICKY GRIFFIN Wyle,Texas L— _J CONTRACT DATE: June 24 2002 CONTRACTOR: Cullum Pipe Systems, Inc. In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (here insert name and address of Surety Company) SAFECO INSURANCE COMPANY OF AMERICA , SURETY COMPANY on bond of (here insert name and address of Contractor) Cullum Pipe Systems, Inc. P.O. Box 550489, Dallas,Texas 75355 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) The City of Wylie,TX c/o The Hogan Corporation ATTN: VICKY GRIFFIN , OWNER, as set forth in the said Surety Company's bond. IN WITNESS,WHEREOF, the Surety Company has hereunto set its hand this 19th day of December 2002 SAFECO INSURANC OMPANY OF AMERICA Su pang • Attest: (Seal): Signature of Authoriz d Representative Linda Spratt,Attorney-in-Fact Title NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition S-2134/GEEF 2/00 ONE PAGE S A F E C O" POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 KNOW ALL BY THESE PRESENTS: No. 3318 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint DAVID O.TURNER;HARRY J.BROWNLEE;STEVEN W.POND;STEVEN A.GUCKENHEIMER;MICHAEL DWIGHT WILLIAMS;LINDA SPRATT; JEFFERY L TRENTHAM;Dallas,Texas its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 24th day of May 1999 R.A. 4/406/ • tai '"; PIERSON,SECRETARY W.RANDALL STODDARD,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ...the President, any Vice President,the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (lii) Certifying that said power-of-attorney appointment is in full force and effect; the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,R.A.Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 19 th day of December 2002 . OCE COMP4i, ozE COMP� 1-0 SEAL CORPORKE SEAL a di, 1953 0+ 1i3 FOf wAs1ffi ` djeaWaS\t" RA.PIERSON,SECRETARY S-0974/SAEF 7/98 ®Registered tradomah F Ceccrn WYLIE CITY COUNCIL AGENDA ITEM NO. G. February 11, 2003 Issue Consider and act upon a Final Plat for the Bozman Farm Estates Phase 1 Addition, being a certain 94.573 acre tract of land generally located south of Stone Road and east of F.M. 544, being part of the 475.80 acre Planned Development 2002-21, and being all of the 60.026 acre tract of land described in a deed to Bozman Farm Development, Ltd., recorded in Volume 5143, Page 3316 of the Deed Records of Collin County, Texas (DRCCT), and being a part of the 359.660 acre tract of land described in a deed to Bozman Farm Development, Ltd., recorded in Volume 5085, Page 2320 of the DRCCT, and being a part of the 5.80 acre tract of land described in a deed to Charlane C. Dew, recorded in Collin County Clerk's File No. 93-0039229 of the DRCCT, and being situated in the Allen Atterberry Survey, Abstract No. 23 and the Aaron West Survey, Abstract No. 979, City of Wylie, Collin County, Texas. Background The Final Plat under consideration is for the Bozman Farm Estates, Phase 1 Addition. The property includes 94.525 acres and will create 278 single-family residential lots and 22 common areas/open spaces to be owned and maintained by the Homeowners Association. The subject property is part of the larger mixed-use Bozman Farms Planned Development (PD 2002-21), which consists Single Family Residential of varying densities, a Village Center as defined by the Comprehensive Plan with Multifamily Residential and neighborhood retail, a school site, and common open spaces. The Concept Plan approved by the City Council as part of the original Planned Development (PD 2001-51) on December 11, 2001 serves as an approved Preliminary Plat. An amendment to Planned Development PD 2001-51 to add acres reflected within the subject Final Plat was approved by the City Council on December 10, 2002, thus changing the ordinance number to PD 2002-21. The subject development will comply with all of the applicable requirements set forth in the conditions of the PD 2002-21. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period" Financial Considerations Plat application fees have been paid. The applicant is aware that development impact fees must be paid prior to the issuance of a building permit on each lot. Other Considerations 1. The Final Plat substantially conforms to the approved Concept Plan of the Planned Development PD 2002-21 and complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. 2. Collins Boulevard will be constructed to provide primary access to the subject property. A portion of Collins is located outside of the subject Plat and is part of the Lake Trails of Bozman Farms Addition, which received Final Plat approval by the Council in July 2002 and is also a part of PD 2002-21. 3. A second point of access will be Chestnut Hill Drive, which connects with F.M. 544 just north of the Collins Boulevard intersection. Board/Commission Recommendation At the January 21, 2003, Planning and Zoning Commission meeting, the Commission voted 6-0 to recommend approval of this Final Plat. Staff Recommendation Approval. The Departments of Planning, Engineering, Development Services, Public Works and Fire concur with this recommendation. Attachments Final Plat Prepared by Reviewed by Finance City M na pproval Subdivision Regulations DRAF ;City of Wylie February, 2003 SUBDIVISION ORDINANCE City of Wylie, Texas Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS, REPEALING IN ITS ENTIRETY ORDINANCE NUMBER 93-33,AS ADOPTED ON JULY 29, 1993; ADOPTING NEW SUBDIVISION REGULATIONS FOR THE CITY OF WYLIE; EXTENDING THE SUBDIVISION REGULATIONS INTO THE CITY'S EXTRATERRITORIAL JURISDICTION;PROVIDING FOR SEVERABILITY; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. THIS ORDINANCE IS HEREBY ADOPTED AS THE SUBDIVISION ORDINANCE OF THE CITY OF WYLIE, TEXAS. THE PREVIOUS SUBDIVISION REGULATIONS OF THE CITY,ORDINANCE NUMBER 93-33, TOGETHER WITH AMENDMENTS THERETO,IS HEREBY REPEALED AND REPLACED BY THIS ORDINANCE, WHICH SHALL READ AS FOLLOWS: City of Wylie, Texas Subdivision Ordinance(Draft) (This page was intentionally left blank.) City of Wylie, Texas Subdivision Ordinance(Draft) Subdivision Ordinance of the City of Wylie, Texas GENERAL PROVISIONS Section 1.1: Authority; Extension to Extraterritorial Jurisdiction 1.1 a. This Ordinance is adopted under the authority of the Constitution and laws of the State of Texas, including Chapter 212, Texas Local Government Code, being adopted after a public hearing on the matter held on , 2003. b. The following rules and regulations are hereby adopted as the Subdivision Ordinance of the City of Wylie, Texas, also referred to herein as "this Ordinance". The City Council hereby extends the application of this Ordinance to the extraterritorial jurisdiction of the City of Wylie, as that area may exist from time to time. This Ordinance shall be applicable to the filing of plats and the subdivision of land, as that term is defined herein and in Chapter 212 of the Texas Local Government Code, within the corporate limits of the City of Wylie and its extraterritorial jurisdiction as they may be from time to time adjusted by annexation or disannexation. The City shall have all remedies and rights provided by said Chapter 212 with regard to the control and approval of subdivisions and plats both within the City and within its extraterritorial jurisdiction. Section 1.2: Interpretation and Purpose 1.2 In the interpretation and application of the provisions of this Ordinance, it is the intention of the City Council that the principles, standards and requirements provided for herein shall be minimum requirements for the platting and developing of subdivisions within the City of Wylie and its extraterritorial jurisdiction. The subdivision of land is the first step in the process of development. The distribution and relationship of residential, nonresidential and agricultural uses throughout the community, along with the system of improvements for thoroughfares, utilities, public facilities and community amenities, determine, in large measure, the quality of life enjoyed by the residents of the community. Health, safety, economy, amenities, environmental sensitivity, and convenience are all factors which influence and determine a community's quality of life and overall character. A community's quality of life is of the public interest. Consequently, the subdivision of land, as it affects a community's quality of life, is an activity where regulation is a valid function of municipal government. The regulations contained herein are intended to encourage the development of a quality municipal environment by establishing standards for the provision of adequate light, air, open space, storm water drainage, City of Wylie, Texas 3 Subdivision Ordinance(Draft) transportation, public utilities and facilities, and other needs necessary for ensuring the creation and continuance of a healthy, attractive, safe and efficient community that provides for the conservation, enhancement and protection of its human and natural resources. Through the application of these regulations, the interests of the public, as well as those of public and private parties,both present and future,having interest in property affected by this Ordinance, are protected by the granting of certain rights and privileges. By establishing a fair and rational procedure for developing land, the requirements in this Ordinance further the possibility that land will be developed for its most beneficial use in accordance with desired social, economic and environmental conditions. The procedure and standards for the development, layout and design of subdivisions of land within the corporate limits and extraterritorial jurisdiction of the City of Wylie, Texas are intended to: a. Promote the development and the utilization of land in a sustainable manner that assures an attractive and high quality community environment in accordance with the Comprehensive Plan and the Zoning Ordinance of the City of Wylie; b. Guide and assist property owners and applicants in the correct procedures to be followed, and to inform them of the standards which shall be required; c. Protect the public interest by imposing standards for the location, design, class and type of streets, walkways (sidewalks), alleys, utilities and essential public services; d. Assist orderly, efficient and coordinated development within the City limits and extraterritorial jurisdiction; e. Provide neighborhood conservation and prevent the development of slums and blight; f. Integrate the development of various tracts of land into the existing community, and coordinate the future development of adjoining tracts; g. Provide that the cost of improvements to minimum standards which primarily benefit the tract of land being developed be borne by the owners or developers of the tract, and that the cost of improvements to minimum standards which primarily benefit the whole community be borne by the whole community as contained in this Ordinance; h. Ensure the most efficient and beneficial provision of public facilities and services for each tract being subdivided; i. Provide for compatible relationships between land uses and buildings; provide for the circulation of traffic throughout the municipality, having particular regard to the avoidance of congestion in the streets and highways; provide for pedestrian circulation that is appropriate for the various uses of land and buildings; and provide the proper location and width of streets; City of Wylie, Texas 4 Subdivision Ordinance(Draft) j. Prevent pollution of the air,streams and bodies of water;assure the adequacy ofdrainage facilities; safeguard both surface and groundwater supplies, as well as natural resources and endangered or threatened plant and animal life; and encourage the wise use and management of natural resources throughout the municipality in order to preserve the integrity, stability and beauty of the community and the value of the land; k. Promote sustainability of development through the preservation of the natural beauty and topography of the municipality, and ensure development that is appropriate with regard to these natural features; 1. Establish adequate and accurate records of land subdivision; m. Ensure that public or private facilities are available and will have sufficient capacity to serve proposed and future developments and citizens within the City and its extraterritorial jurisdiction; n. Protect and provide for the public health, safety and general welfare of the community; o. Provide for adequate light, air and privacy; secure safety from fire, flood and other danger; and prevent overcrowding of the land and undue congestion of population; p. Protect the character and the social and economic stability of all parts of the community, and encourage the orderly and beneficial development of all parts of the community; q. Protect and conserve the value of land throughout the community and the value of buildings and improvements upon the land, and minimize conflicts among the uses of land and buildings; r. Guide public and private policy and action in providing adequate and efficient transportation systems, public utilities, and other public amenities and facilities; and s. Encourage the development of a stable, prospering economic environment. Minimum standards for development are contained in the City's Design Manuals and Standard Construction Details, the Zoning Ordinance, the Building Code, applicable articles of the Code of Ordinances, and in this Ordinance. However, the Comprehensive Plan and Future Land Use Plan express policies designed to achieve an optimum quality of development in Wylie and its extraterritorial jurisdiction. If only the minimum standards are followed, as expressed by the various ordinances regulating land development, a standardization of development will occur. This will produce a monotonous municipal setting and physical environment within the community. Subdivision design shall be of a quality that will carry out the purpose and spirit of the policies expressed within the Comprehensive Plan and within this Ordinance, and shall be encouraged to exceed the minimum standards required herein. City of Wylie, Texas 5 Subdivision Ordinance(Draft) r a Section 1.3: Application of Regulations a. If land is required to be platted,no conveyance or sale of any portion or Lot of the property may occur until a final plat is approved by the City Council and recorded in the land records of the appropriate County of Record. b. No subdivision plat shall be recorded until a final plat, accurately describing the property to be conveyed, has been approved in accordance with this Ordinance and with other applicable City regulations (described in Subsection 1.3(b.) below). No building permit, certificate of occupancy, plumbing permit, electrical permit, flood plain permit,utility tap, or certificate of acceptance for required public improvements shall be issued by the City for any parcel of land or plat until: 1. A final plat has been approved in accordance with this Ordinance; and 2. All improvements required by this Ordinance have been constructed and accepted by the City of Wylie, or 3. Assurances for completion of improvements have been provided in accordance with Section 6 of this Ordinance. c. Compliance with all City ordinances pertaining to the subdivision of land, and the Comprehensive Plan, shall be required prior to approval of any development application governed by this Ordinance. It is the property owner's responsibility to be familiar with, and to comply with, City ordinances. Applicable ordinances and requirements include, but are not limited to, the following: 1. Comprehensive Plan, which includes the Future Land Use Plan, Thoroughfare Plan, Park and Open Space Plan, and associated maps and plans; 2. Zoning Ordinance (Ordinance No. 01-48 and 01-52, as amended); 3. Applicable Chapters of the City's Code of Ordinances; 4. Design Manuals for Storm Drainage Systems,Water and Sanitary Sewer-Lines and Thoroughfares; and 5. Standard Construction Details. 6. Storm Water Management Plan City of Wylie, Texas 6 Subdivision Ordinance(Draft) Section 1.4: Jurisdiction 1.4 The provisions of this Ordinance shall apply to the following forms of land subdivision and development activity within the City's limits and its extraterritorial jurisdiction: a. The division of land into two or more tracts, lots, sites or parcels; or b. All subdivisions of land whether by metes and bounds division or by plat, which were outside the jurisdiction of the City's subdivision regulations in the appropriate County of Record, Texas and which subsequently came within the jurisdiction of the City's subdivision regulations through: 1. Annexation; or 2. Extension of the City's extraterritorial jurisdiction; or c. The combining of two or more contiguous tracts, lots, sites or parcels for the purpose of creating one or more legal lots in order to achieve a more developable site, except as otherwise provided herein; or d. When a building permit is required for unplatted or improperly platted parcels for one of the following uses: 1. Residential single-family: (a) Construction of a new single-family dwelling unit; or (b) Moving of a primary structure or a main building onto a piece of property; or (c) Renovation or expansion of an existing main building in excess of 50% of the square feet of the current structure; or 2. Nonresidential and multi-family: (a) Construction of a new nonresidential or multi-family structure; or (b) Additions, or modification of an existing building in excess of 50% of its current size; or (c) Moving a primary structure onto a piece of property; or e. For tracts where any public improvements are proposed; or f. Whenever a property owner proposes to divide land lying within the City or its extraterritorial jurisdiction into two or more tracts, and claims exemption from Subchapter A of Chapter 212 of the Texas Local Government Code for purposes of development, that results in parcels or lots all greater than five(5)acres in size;or in the event that development of any such tract is intended, and where no public improvement is proposed to be dedicated, he shall first obtain approval of a development plat that meets the requirements of Texas Local Government Code Chapter 212, Subchapter B, Regulation of Property Development, Sections 212.041 through 212.050. (See Section 2.7 of this Ordinance for requirements for development plats.) City of Wylie, Texas 7 Subdivision Ordinance(Draft) Section 1.5: Exemptions 1.5 The provisions of this Ordinance shall not apply to: a. Development of land legally platted and approved prior to the effective date of this Ordinance, except as otherwise provided for herein and for which no re-subdivision is sought; or b. Development of land constituting a single tract, lot, site or parcel for which a legal deed of record describing the boundary of said tract, lot, site or parcel was filed of record in the Deed Records of appropriate County of Record, Texas on or before 20 ; or c. Sale, inheritance, or gift of land by metes and bounds of tracts greater than five(5)acres in size and upon which no improvements, subdivision or alteration is occurring; or d. Existing cemeteries complying with all State and local laws and regulations; or e. Divisions of land created by order of a court of competent jurisdiction; or f. When a building permit is requested for unplatted or improperly platted parcels for one or more of the following activities: 1. Replacement or reconstruction of an existing primary single-family or duplex structure, but not to exceed the square footage of the original structure; or 2. Remodeling or repair of an existing primary structure which involves no expansion of square footage beyond the original structure; or 3. Construction of subordinate facilities such as fences and accessory buildings (as defined in the Zoning Ordinance); or 4. Moving a structure off a lot or parcel, or for demolition permits. Section 1.6: Pending Applications 1.6 All applications for plat approval, including final plats, that are pending on the effective date of this Ordinance and which have not lapsed shall be reviewed under the regulations in effect immediately preceding the effective date of this Ordinance. Section 1.7: Interpretation; Conflict; Severability 1.7 a. Interpretation. In their interpretation and application, the provisions of the regulations contained in this Ordinance 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. City of Wylie, Texas 8 Subdivision Ordinance(Draft) 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 this Ordinance. To the extent that this Ordinance promulgates standards or imposes restrictions or duties which differ from those imposed by other City ordinances, rules or regulations, the regulations contained within this Ordinance shall supersede such other provisions to the extent of any conflict or inconsistency. c. Severability. If any part or provision of this Ordinance, or the application of this Ordinance to any person or circumstance, is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which the judgment shall be rendered, and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of these regulations even without any such part, provision, or application which is judged to be invalid. Section 1.8: Saving Provision 1.8 This Ordinance shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations, or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any section or provision existing at the time of adoption of this Ordinance, or as vacating or annulling any rights obtained by any person, firm or corporation, by lawful action of the City except as shall be expressly provided in this Ordinance. Section 1.9: Variances/Waivers 1.9 a. General. Where the Zoning Board of Adjustment fmds that undue hardships will result from strict compliance with a certain provision(s) of this Ordinance, or where the purposes of these regulations may be served to a greater extent by an alternative proposal, the Board may approve a variance or waiver from any portion of these regulations so that substantial justice may be done and the public interest is secured, provided that the variance or waiver shall not have the effect of nullifying the intent and purpose of these regulations,and further provided that the Zoning Board of Adjustment shall not approve a variance or waiver unless it shall make findings based upon the evidence presented to it in each specific case that: 1. Granting the variance or waiver will not be detrimental to the public safety,health or welfare, and will not be injurious to other property or to the owners of other property,and the variance or waiver will not prevent the orderly subdivision of other property in the vicinity; City of Wylie, Texas 9 Subdivision Ordinance(Draft) 2. The conditions upon which the request for a variance or waiver is based are unique to the property for which the variances or waiver is sought, and are not applicable generally to other property; 3. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved,a particular hardship to the property owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out; 4. The variance or waiver will not in any manner vary the provisions of the Zoning Ordinance or Comprehensive Plan or any other adopted plan(s) of the City; 5. An alternate design will generally achieve the same result or intent as the standards and regulations prescribed herein. Such findings of the Zoning Board of Adjustment,together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Board meeting at which a variance or waiver is considered. A variance or waiver from any provision of this Ordinance may be granted only when in harmony with the general purpose and intent of this Ordinance so that the public health, safety and welfare may be secured and substantial justice done. Economic hardship to the property owner or developer, standing alone, shall not be deemed to constitute undue hardship. b. Criteria for Variance or Waiver From Development Exactions. Where the Zoning Board of Adjustment 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 a full or partial, at its discretion, variance or waiver to such requirements, so as to prevent such excess. c. Conditions. In approving a variance or waiver, the Zoning Board or Adjustment may require such conditions as will, in its judgment, secure substantially the purposes described in Section 1.2. d. Procedures: 1. A application for a variance or waiver shall be submitted in writing by the property owner to the Board of Adjustment before the plat is submitted for the consideration of the Commission. The application shall state fully the grounds for the application, and all of the facts relied upon by the applicant. Where a hardship is identified during concept plan review pursuant to the Zoning Ordinance or during subdivision review pursuant to this Ordinance which requires issuance of a variance or waiver from a provision in this Ordinance, the Commission or Council may not recommend approval of the concept plan. The applicant will be directed to submit an application for a variance or waiver to the Zoning Board of Adjustment. No plat shall be approved which does not fully conform to the provisions of this Ordinance. All variance or waiver shall have final approval or disapproval by the Zoning Board of Adjustment. City of Wylie, Texas 10 Subdivision Ordinance(Draft) e. Criteria for Variance or Waiver for Street Exactions. Where the Zoning Board of Adjustment finds that the imposition of any dedication or construction requirement for streets pursuant to these regulations exceeds reasonable benefit to the property to be platted, it may approve variance or waiver for such requirements so as to prevent such excess. In order to qualify for a variance or waiver under this Section, the property owner shall demonstrate that the costs of right-of-way dedication and construction of non-local streets imposed pursuant to these regulations substantially exceeds the incremental costs of providing land and transportation improvements necessary to offset the additional traffic impacts generated by, or attributable to, the development upon the transportation network serving the property,including that which may be generated by or attributed to other phases to be platted in the future. Section 1.10: Payment of All Indebtedness Attributable to a Specific Property 1.10 No approved plat or replat shall be allowed to be recorded on any piece of land on which are owed delinquent taxes, delinquent paving assessments, delinquent fees, or any other delinquent debts or obligations to the City of Wylie,and which are directly attributable to that piece of property, until the taxes, assessments, debts or obligations directly attributable to said property and owed by the property owner or previous owner thereof shall have been first fully discharged by payment, or until an arrangement satisfactory to the City Manager (or designee) has been made for the payment of such debts or obligations. It shall be the applicant's responsibility to provide evidence or proof that all taxes, assessments, debts or obligations have been paid at the time of submission for any application for approval under this Ordinance. Section 1.11: Right to Deny Hearing and Plat 1.11 The City may deny a hearing and any approval if the applicant does not submit the complete information and fees required by this Ordinance in a timely manner. Section 1.12: Misrepresentation of Facts 1.12 Misrepresentation of Facts. It shall be a violation of this Ordinance for any person to knowingly or willfully misrepresent, or fail to include, any information required by this Ordinance in any plat application or during any public hearing or meeting or the Commission or City Council. Such a violation shall constitute grounds for denial of the plat. City of Wylie, Texas 11 Subdivision Ordinance(Draft) Section 1.13: Definitions 1.13 For the purpose of this Ordinance, the following terms,phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context,words used in the present tense shall include the future tense; words in the plural number shall include the singular number (and vice versa); and words in the masculine gender shall include the feminine gender (and vice versa). Definitions not expressly prescribed herein are to be determined in accordance with customary usage in municipal planning and engineering practices. The word "shall" is always mandatory, while the word "may" is merely directory. a. Addition. A lot, tract or parcel of land lying within the corporate boundaries or extraterritorial jurisdiction of the City which is intended for the purpose of subdivision or development. b. Administrative Officers. Any officer of the City of Wylie referred to in this Ordinance by title, including but not limited to the City Manager, City Attorney, City Secretary, City Planner, Building Official and City Engineer shall be the person so retained in that position by the City, or his or her duly authorized representative. This definition shall also include engineering, planning, legal and other consultants retained by the City to supplement or support existing City staff, as deemed appropriate by the City. c. Alley. A minor public right-of-way not intended to provide the primary means of access to abutting lots, which is used primarily for vehicular service access to the rear or sides of properties otherwise abutting on a street. The length of an alley segment is to be measured from the right-of-way lines of the streets from which the alley is provided access, including any alley turnouts onto a street. d. Amended or Amending Plat. A revised plat correcting errors or making minor changes to the original recorded final plat. e. Amenity. An improvement to be dedicated to the public or to 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. f. Applicant. A person who submits an application for an approval required by this Ordinance. g. Application. A written request for an approval required by this Ordinance. h. Base Flood. The flood having a one percent (1%) chance of being equaled or exceeded in any given year. i. Board. The Zoning Board of Adjustment of the City of Wylie. j. Block Length or Street Length. For a residential subdivision, that distance measured along the centerline of the street from the intersection centerpoint of one through street to the intersecting centerpoint of another street, or to the midpoint of a cul-de-sac. The through street referred to above shall not be a cul-de-sac, a dead-end street, or a looped street, but shall be a street which clearly has two points of ingress from two different directions. City of Wylie, Texas 12 Subdivision Ordinance(Draft) k. Bond. Any form of a surety bond in an amount and form satisfactory to the City. 1. Building Setback Line. The line within a property defining the minimum horizontal distance between a building or other structure and the adjacent street right-of-way line, property line, a creek, or some other specific environmental feature. m. Capital Improvements Program (CIP). The official proposed schedule, if any, of all future public projects listed together with cost estimates and the anticipated means of financing each project, as adopted by City Council. n. City. The City of Wylie, Texas. o. City Attorney. The term City Attorney shall apply only to such attorney, or firm of attorney's, that has been specifically employed by the City to assist in legal matters. p. City Council. The duly elected governing body of the City of Wylie, Texas. q. City Engineer. The term "City Engineer" shall apply only to such licensed professional engineer, or firm of licensed professional consulting engineers, that has been specifically employed by the City to assist in engineering-related matters. r. City Manager. The person holding the position of City Manager, as appointed by the City Council. s. City Planner. The term "City Planner" shall apply only to such practicing, professional land planner, or firm of professional land planners, that has been specifically employed by the City to assist in planning- and zoning-related matters. t. Commission. The Planning and Zoning Commission of the City. u. Comprehensive Plan. The phrase "Comprehensive Plan" shall mean the Comprehensive Plan of the City and adjoining areas as adopted by the City Council, including all its revisions. This Plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks, water and wastewater facilities, and other public and private developments and improvements. v. Concept Plan. A topographic map generally showing all trees, drainage patterns and culture on which is super imposed a drawing of the overall conceptual layout of a proposed development, which shows the anticipated plan of development, and which serves as a working base for noting and incorporating suggestions of the City's administrative officers, the Commission, the City Council, and others who are consulted prior to preparation of the preliminary plat. A concept plan is also sometimes referred to as a "site plan" or a "land study". w. Construction Plat. This is the same as a"Final Plat"approved by the City Council but not yet filed or recorded with the County and for which no infrastructure has been accepted by the City. x. Contiguous. Lots are contiguous when at least one boundary line or point of one lot touches a boundary line, or lines, or point of another lot. City of Wylie, Texas 13 Subdivision Ordinance(Draft) y. Cul-De-Sac. A street having only one outlet to another street, and terminated on the opposite end by a vehicular turnaround or "bulb". The length of a cul-de-sac is to be measured from the intersection centerpoint of the adjoining through street to the midpoint of the cul-de-sac bulb. z. Dead-End Street. A street, other than a cul-de-sac, with only one outlet. aa. Design Standards. The City of Wylie's technical construction standards and specifications for the construction of subdivision improvement, as published in the current Manuals for the Design of Storm Drainage Systems, Water and Sanitation Sewer Lines and Thoroughfare Standards, as maintained and available for inspection at the City Hall. bb. Easement. The word "easement" shall mean an area of joint use on private property. 1. Drainage easements are areas upon which the City or a public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs and other improvements or growths which in any way endanger or interfere with the construction, maintenance or efficiency of its respective systems within said easements. The City and public utilities shall, at all times, have the right of ingress and egress to and from and upon easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or part of their respective systems without the necessity at any time of procuring the permission of anyone. 2. Access easements are areas, which are open to the general public at large that shall remain at all times open to the public for access. cc. Engineer. A person duly authorized and licensed under the provisions of the Texas Engineering Registration Act to practice the profession of engineering. dd. Engineering Plans or Drawings. The maps or drawings accompanying a plat and showing the specific location and design all changes and improvements to be installed in the subdivision in accordance with the requirements of the City as a condition of approval of the plat. ee. Escrow. A deposit of cash with the City in accordance with this Ordinance. ff Final Plat (also "Construction Plat" or "Record Plat"). The one official and authentic map of an "as built" subdivision of land prepared from actual field measurement and staking of all identifiable points by a surveyor or engineer, with the subdivision location referenced to a GPS control point,and with all boundaries,corners and curves ofthe land division sufficiently described so that they can be reproduced without additional references and showing all streets and lots, easements, dedications and other pertinent features as constructed on the ground and as accepted by the City. The final plat of any lot, tract or parcel of land shall be recorded in the land records of appropriate County of Record, following acceptance by the City. An amended plat is also a final plat. gg. Governing Body. The City Council of the City of Wylie. City of Wylie, Texas 14 Subdivision Ordinance(Draft) hh. Improvement or Developer Agreement. A contract entered into by the applicant and the City, by which the applicant promises to complete the required public improvements within the subdivision or addition within a specified time period following final plat approval. ii. Land Study. This is the same as a "Concept Plan". jj. Land Planner. Persons, including surveyors or engineers, who possess and can demonstrate a valid proficiency in the planning of residential, nonresidential and other related developments, such proficiency often having been acquired by education in the field of landscape architecture or other specialized planning curriculum, or by actual experience and practice in the field of land planning. kk. Lot (also Lot of Record). A divided or undivided tract or parcel of land having frontage on a public street, and which is, or which may in the future be, offered for sale, conveyance, transfer or improvement; which is designated as a distinct and separate tract; and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed of record. II. Major Plat. All plats not classified as minor plats, including but not limited to subdivisions of more than four(4)lots,or any plat that requires the construction of a new street (or portion thereof) or the extension of a municipal facility as required by this or any other City ordinance. mm. Major Subdivision. This is the same as a "Major Plat". nn. Minor Plat. A subdivision resulting in four(4) or fewer lots,provided that the plat does not create any new easements for public facilities nor the extension of any municipal facilities to serve any lot within the subdivision. Any property to be subdivided using a minor plat shall already be served by all required City utilities and services. oo. Minor Subdivision. This is the same as a"Minor Plat". pp. On-Site Facilities or Improvements. These are the existing or proposed facilities or improvements constructed within the property boundaries of the plat,and the existing or proposed facilities required to be constructed or improved immediately adjacent to the property that are needed to serve the development. Facilities and improvements include, but are not limited to, streets, alleys, water lines, sewer lines, storm drainage facilities, and curbs and gutters. qq. Off-Site Facilities or Improvements. "Off-site" facilities shall mean those facilities or improvements that are required to serve the site but that are not located within the boundaries of the plat, and are not required to be constructed or improved immediately adjacent to the property to serve the development. These include oversizing for streets, sewer lines, water lines and storm drainage facilities, as well as the excess capacity of facilities such as water storage tanks and wastewater treatment plants available for new development. City of Wylie, Texas 15 Subdivision Ordinance(Draft) rr. Overlength Street. A street segment,or a cul-de-sac or alley segment,which exceeds the maximum length allowed by this Ordinance, as measured along the centerline of the street from the intersection centerpoint of one through street,which shall not be a cul-de- sac or dead-end or looped street,to the intersecting centerpoint of another through street or, in the case of a cul-de-sac, to the midpoint of the cul-de-sac. For an alley segment, the measurement shall be to the right-of-way lines of the streets from which the alley is provided access, including any alley turnouts, or from the centerpoint of an intersection with another alley, which connects to a street. ss. Pavement Width. The portion of a street that is available for vehicular traffic. Where curbs are used, it is the portion from the back of one curb to the back of the opposite curb. tt. Perimeter Street. Any existing or planned street which abuts the subdivision or addition to be platted. uu. Person. Any individual, association, firm, corporation, governmental agency, political subdivision, or legal entity of any kind. vv. Planning and Zoning Commission. The duly appointed Planning and Zoning Commission of the City of Wylie, Texas, in accordance with Section 211.007 of the Texas Local Government Code. ww. Plat. This means a preliminary plat, final plat,development plat, amended plat or replat, as determined by the context. xx. Preliminary Plat. The graphic expression of the proposed overall plan for subdividing, improving and developing a tract, showing in plan view the proposed street and lot layout, easements, dedications and other pertinent features, with such notations as are sufficient to substantially identify the general scope and detail of the proposed development, as well as its compliance with all requirements of the development codes of the City of Wylie. Engineering plans for all public improvements shall be submitted along with the preliminary plat is subject to approval by the Planning and Zoning Commission and City Council. yy. Private Street. A private vehicular access way, including an alley, that is shared by and that serves two or more lots, which is not dedicated to the public, and which is not publicly maintained. zz. Property Owner (also known as "Applicant" or "Subdivider" or "Developer"). Any person or firm,association,syndicate,general or limited partnership,corporation,trust or other legal entity, or any agent thereof, that has sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this Ordinance. In any event, the term "property owner" shall be restricted to include only the owner(s) or authorized agent(s)of such owner(s), such as a developer, of land sought to be subdivided. City of Wylie, Texas 16 Subdivision Ordinance(Draft) aaa. Public Improvements. Facilities, infrastructure and other appurtenances, typically owned and maintained by the City, which serve a public purpose in providing a needed service or commodity, such as wastewater collection and treatment and water storage and distribution, and which protect the general health, safety, welfare and convenience of the City's citizens, including efficiency in traffic circulation and access for emergency services. Required public improvements may include, but shall not be limited to, street and alley paving, including any necessary median openings and left turn lanes on major thoroughfares; water lines and pumping stations; sanitary sewer lines and lift stations; storm drainage structures and storm water management devices; water quality and erosion controls; screening and retaining walls; fire lane paving and fire hydrants; landscaping, where such is used for required screening or other required landscaped area, and associated irrigation system; and any required public sidewalks, street lights and street name signs. The term "public improvements" shall not include facilities or infrastructure of private providers of utility services other than water and wastewater, but shall be deemed to include facilities and infrastructure that the City would normally require of a development but which will be owned and maintained by an entity such as a homeowners association, as in the case of private streets. bbb. Replatting or Replat. This is the re-subdivision of any part or all of a block or blocks of a previously platted subdivision, addition, lot or tract. ccc. Right-of-Way. A parcel of land occupied, or intended to be occupied, by a street or alley. Where appropriate, "right-of-way" may include other facilities and utilities such as sidewalks; railroad crossings; electrical, communication, oil and gas facilities, water and sanitary and storm sewer facilities; and any other special use. The use of right-of- way shall also include parkways and medians outside of the paved portion of the street. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way, and shall not be included within the dimensions or areas of such lots or parcels. ddd. Standard Street. A standard street is a street or road that meets or exceeds the minimum specifications in the City's standard street specifications, and which is constructed to the ultimate configuration for the type ofroadway it is designated for on the City's Thoroughfare Plan. eee. Street. A right-of-way, whether public or private and however designated, which provides vehicular access to adjacent land. Streets may be of the following categories: 1. Major thoroughfares, also known as arterial streets or primary thoroughfares, which provide vehicular movement from one neighborhood to another or to distant points within the City, and including freeways or highways leading to other communities. 2. Collector streets, also known as feeder streets or secondary thoroughfares, which provide vehicular circulation within neighborhoods,and from local streets to major thoroughfares. City of Wylie, Texas 17 Subdivision Ordinance(Draft) 3. Local residential streets, also known as minor thoroughfares or streets, which primarily provide direct vehicular access to abutting residential property. 4. Private streets are streets which are owned and maintained by a homeowners association or property owners association, and which are not dedicated to the public. fff. Street Improvements. This means any street or thoroughfare, together with all appurtenances required by City regulations to be provided with such street or thoroughfare, and including but not limited to walkways(sidewalks), drainage facilities to be situated in the right-of-way for such street or thoroughfare,traffic control devices, street lights and street signs, for which facilities the City will ultimately assume the responsibility for maintenance and operation. ggg. Street Length. This means the same as"Block Length". hhh. Street Right-of-Way. The width of the right-of-way for any roadway is the shortest perpendicular distance between the lines which delineate the rights-of-way ofthe street. iii. Subdivision (also known as "Addition"). A division or re-division of any tract of land situated within the City's corporate limits or its extraterritorial jurisdiction into two or more parts, lots or sites, for the purpose, whether immediate or future, of sale, division of ownership, or building development. "Subdivision" includes re-subdivisions of land or lots which are part of a previously recorded subdivision. jjj. Submission Date. The submission date is when all necessary forms, fees, information, plans and copies have been submitted to the City,previewed,and deemed as"complete" by action of issuance of a fee receipt by the City. kkk. Substandard Street. An existing street or road that does not meet the minimum specifications in the City's standard street specifications, and which is not constructed to the ultimate configuration for the type of roadway it is designated for on the City's Thoroughfare Plan. 111. Surveyor. A licensed land surveyor or a registered public surveyor, as authorized by State statutes to practice the profession of surveying. mmm. TNRCC. The Texas Natural Resource Conservation Commission. nnn. Temporary Improvements. Improvements built and maintained by the property owner that are needed to remedy a circumstance that is temporary in nature, such as a temporary drainage easement or erosion control device, that will be removed upon completion of the subdivision or shortly thereafter. 000. U.S. Army Corps of Engineers. ppp. Yard. The open area between building setback lines and lot lines. qqq. Zoning Board of Adjustment. The duly appointed body of the City of Wylie, in accordance with Section 8.4 ofthe Zoning Ordinance and Section 211.008 ofthe Texas Local Government Code. City of Wylie, Texas 18 Subdivision Ordinance(Draft) II. PROCEDURES Section 2.1: Pre-Application Procedures 2.1 The applicant should avail himself or herself of the advice and assistance of the City's administrative officers, and should consult early and informally with those officers before preparing a concept plan or any plat in order to save time and money, and to avoid potential unnecessary delays. Prior to formal application for approval of any concept plan or plat, the applicant shall request and attend a mandatory pre-application conference with the appropriate City official(s) in order to become familiar with the City's development regulations and the subdivision process. At the pre-application conference, the applicant may be represented by his or her land planner, engineer or surveyor. Section 2.2: Statutory Procedures 2.2 a. Zoning Requirements. A property within the City's corporate limits that is being proposed for platting must be properly zoned by the City prior to submission of an application for approval of any plat. In addition, the proposed development layout or subdivision design shown on the proposed plat must be in conformance with all standards and requirements prescribed in the City's Zoning Ordinance. Noncompliance with the requirements of the zoning district in which the subject property is located,or lack of the proper zoning,shall constitute grounds for denial of the plat. In situations where the zoning on a particular piece of property cannot be ascertained by the City, the burden of proof regarding the property's zoning shall rest with the property owner. Proof of proper zoning shall consist of appropriate documentation, such as a copy of the ordinance establishing the zoning, which shall be reviewed by City officials as to its validity and authenticity. Any plat submitted for approval by the City shall be in accordance with the City's Zoning Ordinance, if the property is located within the City's corporate limits,and,if the property is located within the City's corporate limits or extraterritorial jurisdiction, it shall be in accordance with the City's Comprehensive Plan, including all adopted water, sewer, storm drainage, future land use, park, recreation, open space and thoroughfare plans. All plats shall be prepared by a licensed civil engineer or a registered land surveyor. b. Classification of Subdivisions and Additions. Before any land is filed for record with the County Clerk,the property owner shall apply for and secure City Council approval ofthe required subdivision plat, in accordance with the following procedures,unless otherwise provided within this Ordinance. City of Wylie, Texas 20 Subdivision Ordinance(Draft) 1. Minor subdivisions may be approved for residential or nonresidential properties. Minor plat approval by the City Planner requires the submission of a final plat drawing and other submission materials required by Section 2.11 of this Ordinance. Lots may be conveyed or sold only when the plat has been approved by the City and the plat has been recorded with the appropriate County of Record. 2. Major subdivisions may be approved for residential or nonresidential properties. The procedure for approval of a major subdivision typically involves three steps: a concept plan, preliminary plat and final plat. Sections 2.3 through 2.6 of this Ordinance provide the requirements for each. Major plat approval shall be in accordance with Sections 2.4 through 2.6 of this Ordinance. All major subdivision plats must be reviewed by the Commission and approved by the City Council, pursuant to Sections 2.4 through 2.8 of this Ordinance. Upon completion of the required public improvements, or upon submission and City approval of the appropriate surety for public improvements, the property owner may file the final plat in the land record of the appropriate County of Record. Lots may be sold only when the final plat has been recorded at the appropriate County of Record. No conveyance or sale of any portion or lot of the property may occur until after the final plat is approved by the City Council and filed at the appropriate County of Record. c. Submission Requirements For All Types of Plat Applications. In addition to the requirements outlined herein for each type of development application, the City shall maintain separate policies and procedures for the submission and processing of applications including,but not limited to, application forms,checklists, language blocks for plats,and other similar items. The forms and paperwork are available at the office of the City Planner. These policies and procedures may be amended from time to time,and it is the applicant's responsibility to be familiar with, and to comply with, the policies and procedures. d. Official Submission Date and Completeness of Application For All Types of Plats. 1. For the purpose of these regulations,the"official submission date"shall be the date upon which a technically complete application for approval of any type of plat,that contains all required elements mandated by the Texas Local Government Code, Section 212.004(b) and by this Ordinance, is submitted to the City Planner, after which the statutory period required for approval or disapproval of the plat shall commence to run. No application shall be deemed officially submitted until the City Planner determines that the application is complete and the City issues a fee receipt. Failure by the City to make a determination of incompleteness within ten (10) calendar days following the date on which the application was first received by the City, shall result in the application being deemed complete, and the "official submission date" shall become the 11`h calendar day following initial receipt of the application by the City. City of Wylie, Texas 21 Subdivision Ordinance(Draft) 2. Plat applications which do not include all required information and materials, as outlined below and per other City development review policies which may change from time to time, will be considered incomplete, shall not be accepted for official submission by the City, and shall not be scheduled on a Commission or Council agenda until the proper information is provided to City officials. e. Submission Procedures and City Review Process For All Types of Plats. 1. Submission Timing. A complete application for approval of any plat shall be submitted to the City at least sixteen(16)calendar days but no more than thirty(30) calendar days, prior to the Commission or Council meeting at which it is to be considered,unless the applicant waives in writing the thirty(30)day requirement for action of Section 212.009 of the Texas Local Government Code. 2. Submission Materials. The application shall include a written application form which bears the signature(s)of the property owner(s)of the subject property, along with the appropriate submission fee, six(6) copies of full-size (24" x 36") blue-line or black-line prints of the plat, one 8 1/2" x 11" or 11" x 17" black-and-white reduction of the plat, a copy of any applicable development agreement pertaining to the subject property (if any), and any other applicable information and materials deemed appropriate by the City. The application shall be accompanied by a certificate showing that all taxes have been paid on the subject property, and that no delinquent taxes exist against the property, in accordance with Section 1.10. Documentation shall also be included that shows no delinquent assessments, fees,or other debts or obligations to the City and which are directly attributable to the subject property. The application shall also be accompanied by an engineer's summary report which describes, in as much detail as necessary, the following: the overall nature and scope of the proposed development, including zoning of the property, proposed use(s) and acreage of each proposed use, minimum lot sizes, widths and depths, number of lots to be created, and special amenities or facilities that will be included in the development; how the property will be served with required utilities and services; how storm water drainage will be handled; and an itemization and description of any variance or waiver from provisions of this Ordinance that will be sought. If the proposed development will have access points onto a major thoroughfare, the application shall also include a letter from the appropriate entity, such as TxDOT or Appropriate County of Record, acknowledging and approving proposed driveway locations and corresponding median openings and left turn lanes, if applicable. Letters shall also be provided from each of the applicable utility service providers,including water, wastewater,gas,electricity,telephone,cable TV and solid waste,verifying their ability to provide an adequate level of service for the City of Wylie, Texas 22 Subdivision Ordinance(Draft) proposed development. A letter from the Wylie Independent School District shall also be provided that acknowledges the District's ability to accommodate the additional number of school-age children that will be generated by the proposed development, and that expresses any desire the District may have to obtain a future school site within any portion of the subject property. All plat drawings and other corresponding plans and drawings, including engineering plans and landscape and screening plans, shall be on sheets no larger than 24" by 36" in size, and shall be drawn to a known engineering scale of not smaller than one hundred feet to the inch (1"=100') or a larger scale. In cases of large developments which would exceed the dimensions of the sheet at one hundred foot (100') scale, plats may be on multiple sheets or to another known engineering scale, as approved by the City, and in a format that will be acceptable for eventual filing at the appropriate County of Record. 3. City Staff Review. Upon official submission of a technically complete application for plat approval, the City shall commence technical review of the development proposal by forwarding a copy of the application and plat to the Development Issues Review Team members which include, but shall not be limited to,the City Planner, City Engineer, City Manager, Public Works Director, Fire Chief/Marshall, Police Chief,Parks Director. Development Issues Review Team members shall review the plat and shall ascertain its compliance with these and other applicable City regulations. Following City staff review of the plat and supporting documents,and following discussions with the applicant on any revisions deemed advisable and the kind and extent of improvements to be installed,the applicant shall resubmit fifteen (15) folded copies of the corrected plat to the City Planner no later than seven(7) calendar days prior to the Commission or Council meeting. Failure to resubmit corrected copies of the plat back to the City in this time shall be cause for the City Planner to withhold submission of the plat to the Commission for consideration. If, upon re-submission of the corrected plat to the City, the City Planner determines that the application is still incomplete or is not correct, the plat application shall be subject to denial by the Planner. After the plat has been scheduled on an agenda(or at any time prior), the applicant may request, in writing, a waiver of the thirty (30) day approval requirement specified in Section 212.009 of the Texas Local Government Code,in order to allow more time to correct deficiencies, address concerns, or otherwise improve the plat pursuant to the City's regulations. After receipt of the request, the City may delay action on the final plat beyond thirty (30) calendar days following the official submission date. 4. Action by the Planning and Zoning Commission and City Council. The Planning and Zoning Commission shall review all subdivision plat applications, and if in conformance with the provisions of this Ordinance and with all other applicable regulations of the City,they shall be approved by the City Council. City of Wylie, Texas 23 Subdivision Ordinance(Draft) The Commission shall review each plat application and shall recommend approval, approval subject to certain conditions, or denial of the plat within thirty (30) calendar days of the official submission date. The Council shall take action on the plat within thirty(30) calendar days of the Commission's action. Affirmation of, or minor modifications to,the Commission's recommendation to approve the plat shall require a simple majority vote of the Council members present. If the Commission recommends disapproval of a plat application, the Commission shall state such disapproval and the specific technical reasons therefore. The applicant or property owner may appeal such decision to the City Council by filing a Notice of Appeal in the office of the City Planner no later than five (5) calendar days after the date upon which the Commission denied the application. 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 thirty (30) calendar days after the date upon which the Notice of Appeal was filed. The Council may change the decision of the Commission by vote of a simple majority of the Council members present. The Council may also,where appropriate,remand the plat back to the Commission for reconsideration if it believes that there is a compelling reason to do so, such as the introduction of significant new facts or testimony. f. Simultaneous Submission of Plats. In the event that an applicant submits preliminary and final plat applications simultaneously, as provided in Section 2.4 (c), the City Planner shall schedule both plat applications for action by the Commission within thirty (30) calendar days of the official submission date, unless the applicant has executed a written waiver of the 30-day review period for one or both plats. If the preliminary plat has not received approval prior to consideration of the final plat by the Commission,then the Commission shall deny the final plat if not withdrawn by the applicant. The City Council shall take action on either one or both plat applications, as applicable, within thirty (30) calendar days of the Commission's action. Affirmation of, or minor modifications to,the Commission's recommendation to approve the plat(s)shall require a simple majority vote of the Council members present. g. Proof of Land Ownership. The City requires proof of land ownership prior to approval of any development application involving real property. Along with the application submission,the applicant shall provide written verification,such as a notarized statement or a power of attorney or other evidence satisfactory to the City Planner,that he or she is the owner of record of the subject land parcel or parcels, or is the property owner's authorized agent. The City Planner shall have the authority to determine what document(s) the City will require to prove ownership, such as one of the following: 1. General warranty deed; 2. Special warranty deed; 3. Title policy; or City of Wylie, Texas 24 Subdivision Ordinance(Draft) 4. Some other documentation that is acceptable to the City Planner. If ownership cannot be conclusively established prior to the meeting date on which the development application will be heard, the City shall have the authority to deny the application on the basis of protecting the public interest. The applicant may resubmit a new development application, including the submission fees, for the property at any time following such denial. h. Lapse of Plat Approval. The approval of any concept plan or preliminary plat as required by the Ordinance,shall be effective for a period of one hundred and eighty-three (183) calendar days beyond the date that the plat was approved by the Commission or Council, except as otherwise provided herein. By 12:01 a.m. on the 184'h day following Council approval of the plat, the applicant must have submitted an application for the next consecutive step in the platting process. If this is not accomplished, then the approved plat shall be deemed to have expired and shall become null and void. The approval of a final plat and the City Engineer's approval of engineering plans for proposed public improvements shall be effective for a period of one hundred and eighty- three (183) days beyond the date that the plat was approved by the Commission and Council. If the required fees are not paid and the applicable site construction not commenced within this time period, the final plat shall expire and become null and void, unless such time period is extended or reinstated by the City Planner. Following the acceptance of all improvements, the final plat shall be filed at the appropriate County of Record at the applicant's earliest convenience. A filed final plat is valid in perpetuity, unless vacated or amended. Failure to file a final plat with the County in a timely manner may be subject for withholding of connection of City utilities. i. Extension and Reinstatement Procedure. Prior to the lapse of approval for a plat,the property owner may petition the City to extend the plat approval. Such petition shall be considered by the City Council, and an extension may be granted by Council for a specific period of time. If no petition for extension of plat approval is submitted by the property owner prior to the expiration date,then the plat shall be deemed to have expired and shall become null and void. The property owner must thereafter submit a new plat application for approval, and shall conform to the subdivision regulations then in effect. The City Council may extend the approval subject to additional conditions based upon newly enacted City regulations or State legislation, or such as are necessary to ensure compliance with the original conditions of approval and to protect the public health, safety and welfare. The Council may also specify a shorter time for extension of the plat than the original 183-day approval period. j. Lapse of Approval of Engineering Plans. The approved engineering plans shall be valid for a period of one hundred eighty-three (183) calendar days following approval by the City Engineer. The City Council may, upon written request by the applicant, grant an extension of up to an additional 183 calendar days, after which the engineering plans shall be subject to re-approval by the City Engineer if no construction has occurred. City of Wylie, Texas 25 Subdivision Ordinance(Draft) Section 2.3: Concept Plan Approval 2.3 a. Applicability. A concept plan, sometimes referred to as a"site plan"or a"land study",is required by Section 9.1.c of the Zoning Ordinance. Submission and approval of a concept plan is the first step in the approval process for a residential or nonresidential development project. The applicant benefits from City review of a concept plan in that he or she gains public review and scrutiny,as well as technical input and suggestions,on the overall conceptual layout of the proposed development from the City's Development Issues Review Team. The City benefits in that it is allowed to become familiar with and involved in the project early in the development process so that the provision of public facilities and services can be provided, which is particularly important for large-scale developments and subdivisions. b. Procedures and Submission Requirements for Concept Plan Approval. The procedures for City review and approval of a concept plan shall be as set forth in Section 8.1 of the Zoning Ordinance for the City of Wylie. City staff may require additional information as part of this submittal, such as drainage studies, traffic studies and other pertinent technical data. c. Purpose. The purpose of a concept plan, as it pertains to this Ordinance, is to allow opportunity for the Planning and Zoning Commission to preview proposed major thoroughfare and collector street patterns; land use patterns and trends; environmental issues and constraints; conformance to the Comprehensive Plan, Future Land Use Plan, Thoroughfare Plan,Parks and Open Space Plan,water and sewer master plans,and other applicable plans of the City; and, if the subject property is within the City's corporate limits, the Zoning Ordinance; and the property's relationship to adjoining subdivisions or properties. Review of a concept plan also assists the City in evaluating the possible impacts of the proposed development in terms of provision of essential public facilities and services, respecting and preserving important natural features and the environment, provision of open space and recreational opportunities,and protecting the general health, safety and welfare of the community. c. Extent of Area That Should be Included in a Concept Plan. When the overall development project is to be developed in phases,the concept plan area shall include the entire property from which the phases are being subdivided and an approximate development schedule. Where significant natural or man-made features, such as thoroughfares or creeks, make inclusion of the entire property in the concept plan unnecessary to adequately review the items listed in the preceding paragraph,the concept plan may include a smaller study area. Boundaries such as major thoroughfares, whether existing or proposed, creeks, political subdivisions, or other such natural or man-made features may be used to delineate the smaller study area. d. A concept plan, once deemed complete and technically accurate by City staff shall be reviewed by the Commission at the earliest available meeting. The Commission may approve,approve with conditions or stipulations or deny for specific technical reasons any concept plan. The concept plan does not require review and approval of the Council. City of Wylie, Texas 26 Subdivision Ordinance(Draft) e. A concept plan may, with the approval of the City Planner, be submitted and review concurrently with the preliminary plat. For residential uses, the City may schedule concurrent review of the concept plan and plat. For nonresidential uses,plan and plat must be reviewed separately as changes to the concept plan may require amendments to the preliminary plat. Section 2.4: Procedures and Submission Requirements for Preliminary Plat Approval 2.4 a. Following approval of the concept plan, the applicant shall have prepared a preliminary plat together with engineering plans for the construction of the subdivision and all associated public improvements and other supplementary materials, as required by this Ordinance or by the City. b. The preliminary plat shall constitute only that portion of the approved concept plan which the applicant proposes to construct and record initially,however,that such portion conforms to all the requirements of this Ordinance and with any other applicable regulations and codes of the City. c. The applicant may choose to submit a final plat for review concurrently with the preliminary plat. In such case, the City may schedule concurrent review of both plats, provided that all required information and other items are submitted for both plats, including full engineering plans and the appropriate assurances for the completion of all improvements, as per Section 6, and provided that adequate review can be achieved by the City and Commission. d. Approval of a preliminary plat by the City Council shall be deemed general approval of the street and lot layout shown on the preliminary plat (approval for construction of the necessary streets, water lines, sewer lines, and other required improvements and utilities shall be authorized only through the City Engineer's approval of the engineering plans), and to the preparation of the fmal plat. Except as provided for herein, approval of the preliminary plat shall constitute conditional approval of the final plat when all conditions of approval and when all procedural requirements set forth in this Ordinance have been met. e. Standards for Approval. No preliminary plat shall be recommended for approval by the Commission or approved by the City Council unless the following standards have been met: 1. The plat substantially conforms with the approved concept plan,or other studies and plans approved by the City, as applicable; City of Wylie, Texas 27 Subdivision Ordinance(Draft) 2. The layouts and engineering plans for required public improvements and City utilities have been submitted by the applicant for approval by the City Engineer (whether specifically stated or not,preliminary plat approval shall always be subject to any additions or alterations to the engineering plans as deemed necessary by the Engineer, as needed, to ensure the safe, efficient and proper construction of public improvements within the subdivision); and 3. The plat conforms to applicable zoning and other regulations. f. The applicant shall also provide copies of letters from applicable local utility companies stating that each utility company has reviewed the preliminary plat and stating any requirements, including easements, they may have. This requirement may be deferred until the final plat by the City Engineer. g. Information Required Upon or With Preliminary Plat. The proposed preliminary plat and associated engineering plans shall show the following information(some required physical and engineering data may be included in the other plans or as separate documents as appropriate): 1. A vicinity,or location,map that shows the location of the proposed preliminary plat within the City(or within its ETJ) and in relationship to existing roadways; 2. Boundary lines,abstract or survey lines,corporate or other jurisdictional boundaries, existing or proposed highways and streets(including right-of-way widths),bearings and distances related to State Plane Coordinates and sufficient to locate the exact area proposed for the subdivision,and all survey monuments(identified and labeled; see Section 5.2 for specifications); the length and bearing of all straight lines, radii, arc lengths, tangent lengths and central angles of all curves shall be indicated along the lines of each lot (curve and line data may be placed in a table format); accurate reference ties via courses and distances to at least one recognized abstract or survey corner or existing subdivision corner shall be shown; 3. The name, location and recording information of all adjacent subdivisions (or property owners of adjacent unplatted property), including those located on the other sides of roads or creeks, shall be drawn to the same scale and shown in dotted lines adjacent to the tract proposed for subdivision in sufficient detail to show accurately the existing streets, alleys, building setbacks, lot and block numbering, easements, and other features that may influence the layout of development of the proposed subdivision; adjacent unplatted land shall show property lines,the names of owners of record, and the recording information; City of Wylie, Texas 28 Subdivision Ordinance(Draft) 4. The location, widths and names of all streets, alleys and easements (it shall be the applicant's responsibility to coordinate with appropriate utility entities for placement of necessary utility easements and for location of all streets and median openings on highways or arterial roadways), existing or proposed, within the subdivision limits and adjacent to the subdivision;a list of proposed street names shall be submitted(in the form of a letter or memo along with the application form) for all new street names (street name approval is required at the time the preliminary plat is approved); 5. The location of all existing property lines, existing lot and block numbers and date recorded, easements of record (with recording information), buildings, existing sewer or water mains, gas mains or other underground structures,or other existing features within the area proposed for subdivision; 6. Proposed arrangement and square footage of lots(including lot and block numbers) and proposed use of same;for nonresidential uses,the location and size of buildings (this information may be provided on a separate sheet, such as on a voluntary concept plan or preliminary site plan; see the Zoning Ordinance); 7. A title block within the lower right hand corner of the plat (and engineering plans) which shows the title or name under which the proposed subdivision is to be recorded, the name and address of the property owner and the name of the land planner, licensed engineer or registered public surveyor who prepared the plat or plans, the scale of the plat, the date the plat was prepared, and the location of the property according to the abstract or survey records of appropriate County of Record, Texas; the subdivision name shall not duplicate(or phonetically replicate) the name of any other platted subdivision in Wylie or its ETJ, but phasing identification is allowed (it is the property owner's responsibility to check the plat records of appropriate County of Record to ensure that the proposed subdivision name will not duplicate or sound too much like a subdivision name already in existence -- the City may, at its discretion, require a different subdivision name if there is potential for confusion by public safety officials or the general public); 8. Sites, if any, to be reserved or dedicated for parks, schools, playgrounds, other public uses or for private facilities or amenities; 9. Scale, date, north arrow oriented to the top or left side of the sheet, and other pertinent informational data; 10. Contours with intervals of two feet(2')or less shown for the area,with all elevations on the contour map referenced to sea level datum; 11. Areas contributing drainage to the proposed subdivision shall be shown in the engineering plans; locations proposed for drainage discharge from the site shall be shown by directional arrows; City of Wylie, Texas 29 Subdivision Ordinance(Draft) 12. All physical features of the property to be subdivided, including the location and size of all water courses, 100-year flood plain according to Federal Emergency Management Agency (FEMA) information, Corps of Engineers flowage easement requirements,ravines,bridges,culverts,existing structures,drainage area in acres or area draining into subdivisions,the outline of major wooded areas or the location of major trees, six (6) inches and larger when measured 4 V2 feet above ground level, and other features pertinent to subdivision; 13. Engineering plans of water and sewer lines and other infrastructure(including sizes) to be constructed in the subdivision;the proposed connections to distribution mains shall be indicated; 14. Proposed phasing of the development; where a subdivision is proposed to occur in phases, the applicant, in conjunction with submission of the preliminary plat, shall provide a schedule of development; the dedication of rights-of-way for streets and street improvements, whether on-site or off-site, intended to serve each proposed phase of the subdivision; the City Council shall determine whether the proposed streets and street improvements are adequate pursuant to standards herein established, and may require that a traffic impact analysis be submitted for the entire project or for such phases as the City Council determines to be necessary to adjudge whether the subdivision will be served by adequate streets and thoroughfares; 15. All preliminary plats shall be submitted in a legible format that complies with appropriate County of Record requirements for the filing of plats, and shall be drawn on a good grade blue line or black line paper; 16. Proposed or existing zoning of the subject property and all adjacent properties, as well as a tabulation of site development information and the intended manner of compliance with the Design Standards of the Zoning Ordinance including the required points for optional standards. 17. Minimum finished floor elevations of building foundations shall be shown for lots adjacent to a flood plain or within an area that may be susceptible to flooding; h. Engineering Plans. Along with the preliminary plat application, the applicant shall submit two (2) sets of the complete engineering plans for streets, alleys, storm sewers and drainage structures, water and sanitary sewer facilities, screening and retaining walls, landscaping and irrigation, and any other required public improvements for the area covered by the preliminary plat. The engineering plans shall also contain any plans deemed necessary to show or document compliance with the City=s ordinances pertaining to nonpoint source pollution control,on-site sewage facility rules,and any other applicable codes and ordinances of the City that are related to development of a land parcel. Cost estimates shall also be submitted with the engineering plans. For the purposes of this City of Wylie, Texas 30 Subdivision Ordinance(Draft) Ordinance, complete sets of engineering plans shall include the following plans or sheets (generally in this order), as well as any additional plans or sheets deemed necessary and requested by the City Engineer: -- Cover or title sheet -- Preliminary plat -- Final site plan (for nonresidential and multi-family projects only - see the Zoning Ordinance for specific requirements and approval procedures) -- Existing conditions plan, which shows existing topography, vegetation, tree inventory, existing natural and man-made physical features, etc. -- Existing tree survey and Tree Management Plan -- Grading, erosion control, and water quality control plans -- Paving and storm drainage plans -- Utility plans for water, sanitary sewer, etc. -- Traffic control plans (if necessary) -- Screening and retaining wall plans -- Landscaping and irrigation plans The applicant shall have these plans prepared by their own professional engineer(s), subject to approval of the plans by the City Engineer. The City Engineer shall review, or cause to be reviewed, the plans and specifications and if approved, shall mark them"Approved"and shall return one set to the applicant. If not approved, one set shall be marked with the objections noted and returned to the applicant for correction, whereupon the applicant's engineer shall correct the plans as requested and shall resubmit them back to the City Engineer for re-review. Engineering plans shall be prepared by or under the direct supervision of a professional engineer licensed in the State of Texas, as required by State law governing such professions and in accordance with this Ordinance and the City's Design Manuals and Standard Construction Details. All engineering plans submitted for City review shall be dated and shall bear the responsible engineer's registration number, his or her designation of"professional engineer" or "P.E.", and the engineer's seal. The City Engineer shall approve engineering plans when such plans meet all of the requirements of this Ordinance and the Design Manuals and Standard Construction Details. Engineering plans shall be in conformance with the Design Manuals and Standard Construction Details and with the requirements set forth herein. Engineering plans showing paving and design details of streets, alleys, culverts, bridges, storm sewers, water mains, sanitary sewers, sidewalks, screening and retaining walls, landscape and irrigation plans (if appropriate), and other engineering details of the proposed subdivision at a scale of one inch equals 40 or 50 feet (1" =40'or 50')horizontally and one inch equals 4, 5, or 10 feet (1" =4', 5' or 10') vertically shall be submitted to the City Engineer(or designee) along with a copy of the preliminary plat of the subdivision. The number of copies as specified by the City shall be submitted along with the preliminary plat submittal. City of Wylie, Texas 31 Subdivision Ordinance(Draft) As part of the engineering plans, a drainage plan showing how the drainage of each lot relates to the overall drainage plan for the plat under consideration shall be submitted. The drainage plan shall be made available to each builder within the proposed subdivision and all builders shall comply with the drainage plan. i. Revisions to Approved Preliminary Plat. It is generally recognized that minor revisions to the preliminary plat will probably be needed before the final plat can be filed at the County of Record. Such minor revisions as slight enlargement or shifting of easements or lot lines, addition of private or franchise utility easements, correction of bearings or distances, correction of minor labeling errors, addition of erroneously omitted informational items and labels, etc. may occur on the final plat without having to re-approve the preliminary plat. Major revisions, such as obvious reconfiguration of lot lines or easements, relocation of driveways or access easements or fire lanes, any modification to the perimeter or boundary of the property, and relocation or addition or deletion of any public improvement (including corresponding easement), shall necessitate re-submission and re-approval of the plat as a "revised preliminary plat". The procedures for such re-approval shall be the same as for a preliminary plat, and such re-approval may constitute a new project thus necessitating submission of a new application form, payment of new fees, and other requirements. Section 2.5: Procedures and Submission Requirements for Final Plat Approval 2.5 a. Within one hundred and eighty-three (183) days of approval of the preliminary plat, the applicant shall submit a final plat with all applicable engineering plans. The final plat shall conform to the preliminary plat, as approved, and shall incorporate all applicable conditions, changes, directions and additions imposed by the Planning and Zoning Commission and City Council upon the preliminary plat. The final plat shall not be submitted prior to approval of the preliminary plat (see Section 2.4 [c] for exception). Final plat applications which do not include the required data will be considered incomplete, shall not be accepted for submission by the City, and shall not be scheduled on a Commission agenda until the proper information is provided to City staff. b. Information Required on a Final Plat. 1. The final plat shall contain all information that is required for a preliminary plat except that physical features of or on the land, such as topography, buildings, structures, water bodies and tree cover, shall not be shown on the final plat. 2. The final plat shall also provide a place for the County Clerk of appropriate County of Record to stamp the date and location where the plat will be filed ("Volume or Cabinet , Page or Slide ") in the lower right-hand corner of the plat drawing. 3. All aspects of the final plat shall conform to the standards of appropriate County of Record for plats with respect to clarity, sheet size,lettering size and reproducibility. It is the applicant's responsibility to be familiar with the County's standards for filing plats and to comply with same. City of Wylie, Texas 32 Subdivision Ordinance(Draft) 4. The final plat shall contain the following certificates and approval/acceptance language. (a) Property Owner's Certificate (required): STATE OF TEXAS § COUNTY OF § WHEREAS, [ Name(s) ] is(are) the Owner(s) of a tract of land situated in the [ ] Survey,Abstract No. [ ],Appropriate County of Record, Texas and being out of a[ ] acre tract conveyed to him(them) by [ ], and a [ ] acre tract conveyed to him(them) by [ ], and being more particularly described as follows: (Enter accurate metes and bounds property description here) NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That , acting herein by and through his(its)duly authorized officers, does hereby adopt this plat designating the herein above described property as , an addition to the City of Wylie, Texas, and does hereby dedicate, in fee simple,to the public use forever, the streets, rights-of-way, and other public improvements—shown thereon. The streets and alleys, if any, are dedicated for street purposes. The easements and public use areas, as shown, are dedicated, for the public use forever, for the purposes indicated on this plat. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed or placed upon, over or across the easements as shown, except that landscape improvements may be placed in landscape easements, if approved by the City Council of the City of Wylie. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Wylie's use thereof. The City of Wylie and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Wylie and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time procuring permission from anyone. This plat approved subject to all platting ordinances, rules, regulations and resolutions of the City of Wylie, Texas. City of Wylie, Texas 33 Subdivision Ordinance(Draft) WITNESS, my hand, this the day of 20 BY: Authorized Signature of Owner Printed Name and Title STATE OF TEXAS § COUNTY OF § Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Owner, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office,this_day of , 20 Notary Public in and for the State of Texas My Commission Expires On: (b) Surveyor's Certificate (required): KNOW ALL MEN BY THESE PRESENTS: That I, , do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the corner monuments shown thereon as set were properly placed under my personal supervision in accordance with the Subdivision Ordinance of the City of Wylie. (seal) Signature of Registered Public Land Surveyor Registration No. City of Wylie,'Texas 34 Subdivision Ordinance(eft) STATE OF TEXAS § COUNTY OF § Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , Land Surveyor, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office,this_day of , 20 . Notary Public in and for the State of Texas My Commission Expires On: (c) Approval Block: CITY APPROVAL OF FINAL PLAT Approved for construction of all public improvements(or appropriate sureties thereof) necessary for the subdivision shown on this plat. APPROVED BY: Planning and Zoning Commission City of Wylie, Texas Signature of Chairperson Date APPROVED FOR CONSTRUCTION: Mayor City of Wylie, Texas Signature of Mayor, City of Wylie Date ACCEPTED FOR FILING: ATTEST: City Secretary, City of Wylie Date (d) Special Notice: 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. City of Wylie, Texas 35 Subdivision Ordinance(Draft) (5) Visibility, Access and Maintenance Easements (to be used if applicable): The area or areas shown on the plat as"VAM"(Visibility,Access and Maintenance) Easement(s) are hereby given and granted to the City, its successors and assigns,as an easement to provide visibility, right of access for maintenance upon and across said VAM Easement. The City shall have the right but not the obligation to maintain any and all landscaping within the VAM Easement. Should the City exercise this maintenance right, then it shall be permitted to remove and dispose of any and all landscaping improvements, including without limitation, any trees, shrubs, flowers,ground cover and fixtures. The City may withdraw maintenance of the VAM Easement at any time. The ultimate maintenance responsibility for the VAM Easement shall rest with the owners. No building, fence, shrub,tree or other improvements or growths, which in any way may endanger or interfere with the visibility, shall be constructed in, on, over or across the VAM Easement. The City shall also have the right but not the obligation to add any landscape improvements to the VAM Easement, to erect any traffic control devices or signs on the VAM Easement and to remove any obstruction thereon. The City, its successors,assigns, or agents shall have the right and privilege at all times to enter upon the VAM Easement or any part thereof for the purposes and with all rights and privileges set forth herein. (6) Access Easements (to be used if applicable): The undersigned does covenant and agree that the access easement may be utilized by any person or the general public for ingress and egress to other real property,and for the purpose of general public vehicular and pedestrian use and access, and for fire department and emergency use in, along, upon and across said premises, with the right and privilege at all times of the City of Wylie, its agents, employees, workmen and representatives having ingress,egress,and regress in,along,upon and across said premises. (7) Other Plat Language. The plat shall include any other applicable language, such as for drainage, floodway or other special types of easements, or such as for a private street subdivision, as deemed appropriate and necessary by the City for the purpose of protecting the public health, safety and welfare. Applicable plat languages are available at the City upon request. c. Standards for Approval. No final plat shall be reviewed by the Planning and Zoning Commission or approved by the City Council unless the following standards have been met: 1. The plat substantially conforms with the approved preliminary plat and other studies and plans, as applicable; City of Wylie, Texas 36 Subdivision Ordinance(Draft) • 2. The construction and installation of required public improvements and City utilities has been completed and the improvements have been accepted by the City as conforming to the City's regulations and design standards(or the proper assurances for construction of the improvements have been submitted and approved by the City, per Section 6); and 3. The plat conforms to applicable zoning, subdivision and other development related regulations, including the City's nonpoint source pollution control ordinance (Article 11.100 of the Code of Ordinances, as amended), on-site sewage facility rules (as applicable; Article 11.200 of the Code of Ordinances, as amended), and any other applicable codes or ordinances of the City that are related to development of a land parcel. d. Once the engineering plans are approved by the City Engineer, the property owner shall provide additional sets of the approved plans to the City, as specified by the City Engineer, for use during construction. A full set of the City-approved engineering plans must be available for inspection on the job site at all times. e. When all of the improvements are found to be constructed and completed in accordance with the approved plans and specifications and with the City's standards, and upon receipt by the City of Wylie of a maintenance bond or certificate of deposit in accordance with Section 6 of this Ordinance from each contractor,three(3)sets of"AS BUILT" (or "Record Drawing")plans and one(1)set of"As-Built"or"Record Drawing" sepias shall be submitted with a letter stating the contractor's compliance with this Ordinance. After such letter is received, the City Engineer shall receive and accept for the City of Wylie the title, use and maintenance of the improvements according to Section 6.7. The final plat shall not be filed with the County approved prior to receipt of the above letter and other items, nor prior to acceptance of the improvements by the City. f. Timing of Public Improvements. 1. The City Engineer may permit all or some of the public improvements to be installed, offered for dedication, or accepted by the City after approval of the final plat by the City Council if there exists a compelling reason that is consistent with the public health, safety or welfare to do so (also see Section 6). The City Council may permit or require the deferral of the construction of public improvements if, in its judgment, deferring the construction would not result in any harm to the public or would offer significant advantage in coordinating the site's development with adjacent properties and off site public improvements. The deferred construction of any required public improvement(s) must be approved by the City Council at the time of final plat approval, and the necessary assurances for completion of the improvements, in accordance with Section 6, shall be a stipulation, or condition, of approval of the preliminary or final plat. City of Wylie, Texas 37 Subdivision Ordinance(Draft) 2. If the City Council does not require that all public improvements be installed, offered for dedication,or accepted by the City prior to approval of the final plat,the applicant shall provide assurances or security for the completion of the improvements or escrowed funds, as provided in Section 6. g. Effect of Approval. Approval of a final plat authorizes the property owner, upon fulfillment of all requirements and conditions of approval and upon completion of construction of all required improvements (or submission of the proper assurances for construction of same,per Section 6),to submit the final copies, or mylars, of the plat for filing at appropriate County of Record. Lots may be sold only when the final plat has been approved by the City Council and the plat has been filed at the appropriate County of Record. No conveyance or sale of any portion or lot of the property may occur until after the final plat is approved by the City Council and filed at the appropriate County of Record. h. Subsequent to final plat approval by the City Engineer, the applicant shall return copies of the final plat,with any other required documents and necessary fees attached thereto,to the City Planner. All necessary filing materials, including mylars, and blueline copies all bearing original signatures and seals. In addition to mylar copies and a computer disk containing the digital plat file(s) required by the City Planner, shall be submitted to the City with the required fees. The City Planner shall secure the signatures of City of Wylie authorities,and return the signed original plats to the applicant within(30)days ofreceipt. The applicant shall file the final plat at the office of the County Clerk of the appropriate County of Record within thirty (30) calendar days following signing by the City. The applicant shall return to the City Planner one (1) mylar and six (6) blue-line copies of the filed plat. Section 2.6: (reserved) Section 2.7: Development Plats 2.7 a. Authority. This Section is adopted pursuant to the Texas Local Government Code, Chapter 212, Subchapter B, Sections 212.041 through 212.050, as amended. b. Applicability. For purposes of this Section, the term "development" means the construction of any building, structure or improvement of any nature (residential or nonresidential), or the enlargement of any external dimension thereof. This Section shall apply to any land lying within the City or within its extraterritorial jurisdiction in the following circumstances: 1. The development of any tract of land which has not been platted or replatted prior to the effective date of this Ordinance, unless expressly exempted herein; 2. The development of any tract of land for which the property owner claims an exemption from the City's Subdivision Ordinance, including requirements to replat, which exemption is not expressly provided for in such regulations; 3. The development of any tract of land for which the only access is a private easement or street; City of Wylie, Texas 38 Subdivision Ordinance(Draft) 4. The division of any tract of land resulting in parcels or lots each of which is greater than five (5) acres in size, and where no public improvement is proposed to be dedicated. c. Exceptions. No development plat shall be required, where the land to be developed has received final plat or replat approval prior to the effective date of this Ordinance. The City Council may, from time to time, exempt other development or land divisions from the requirements of this Section. d. Prohibition on Development. No development shall commence, nor shall any building permit, utility connection permit, electrical connection permit or similar permit be issued, for any development or land division subject to this Section,until a development plat has been reviewed by the Commission,approved by the City Council,and submitted to the City for filing at the County. Notwithstanding the provisions of this Section,the City shall not require building permits or otherwise enforce the City's Building Code in the City's extraterritorial jurisdiction in relation to any development plat required by this Subdivision Ordinance. e. Standards of Approval. The development plat shall not be approved until the following standards have been satisfied: 1. The proposed development conforms to all City plans, including but not limited to, the Comprehensive Plan, utility plans and applicable capital improvements plans; 2. The proposed development conforms to the requirements of the Zoning Ordinance (if located within the City's corporate limits) and the Subdivision Ordinance; 3. The proposed development is adequately served by public facilities and services, parks and open space in conformance with City regulations; 4. Appropriate agreements for acceptance and use of public dedications to serve the development have been tendered; and 5. The proposed development conforms to the design and improvement standards contained in this Ordinance and in the City's Design Manuals and Standard Construction Details, and to any other applicable codes or ordinances of the City that are related to development of a land parcel. f. Conditions. The City Council may impose such conditions on the approval of the development plat as are necessary to assure compliance with the standards in Subsection (e) above. g. Approval Procedure. The application for a development plat shall be submitted to the City in the same manner as a final plat (see Sections 2.5), and shall be approved, conditionally approved, or denied by the City Council following review and recommendation by the Planning and Zoning Commission in a similar manner as a final plat. Upon approval, the development plat shall be filed at the County by the City in the same manner as prescribed for a final plat, and approval of a development plat shall expire if all filing materials are not submitted to the City Planner and if the plat is not filed at the County within the time periods specified for a final plat. City of Wylie, Texas 39 Subdivision Ordinance(Draft) h. Submittal Requirements-In addition to all information that is required to be shown on a final plat (see Section 2.5), a development plat shall: 1. Be prepared by a registered professional land surveyor; 2. Clearly show the boundary of the development plat; 3. Show each existing or proposed building, structure or improvement or proposed modification of the external configuration of the building,structure or improvement involving a change therein; 4. Show all easements and rights-of-way within or adjacent to the development plat; and 5. Be accompanied by the required number of copies of the plat, a completed application form, the required submission fee, and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Section 1.10. Section 2.8: Replatting 2.8 a. Replat Required. Unless otherwise expressly provided for herein,a property owner who proposes to replat any portion of an already approved final plat, other than to amend or vacate the plat,must first obtain approval for the replat under the same standards and by the same procedures prescribed for the final platting of land by this Ordinance. All improvements shall be constructed in accordance with the same requirements as for a preliminary or final plat, as provided herein. The City Planner may waive or modify requirements for a preliminary replat under certain circumstances where the proposed replat does not involve a large land parcel or an existing structure or business on the subject property, and where the proposed plat revisions are relatively simple in nature. b. Replatting Without Vacating Preceding Plat. A replat of a final plat or portion of a final plat may be recorded and is controlling over the preceding plat without vacation of that plat if the replat: 1. Is signed and acknowledged by only the owners of the property being replatted; 2. Is approved, after parties in interest and citizens have an opportunity to be heard,by the Planning and Zoning Commission and by the City Council; and 3. Does not attempt to amend or remove any covenants or restrictions previously incorporated in the final plat. c. Previous Requirements or Conditions of Approval Which Are Still Valid. In addition to compliance with(b)above, a replat without vacation of the preceding plat must conform to the requirements of this Section if: 1. During the preceding five(5)years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two (2) residential units per lot; or City of Wylie, Texas 40 Subdivision Ordinance(Draft) 2. Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two (2) residential units per lot. d. If the neighboring property owners file with the City a written protest of the replatting,or if the replat requires a variance or waiver as defined in Section 1.9,then approval of the replat will require the affirmative vote of at least three-fourths(3/4) of the City Council members present and voting. For a legal protest, written instruments signed by the owners of at least twenty percent (20%) of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending two hundred feet(200') from that area, but within the original subdivision, must be filed with the City prior to action by the Planning and Zoning Commission. In computing the percentage of land area subject to the "20% rule" described above, the area of streets and alleys shall be included. e. Any replat which adds or deletes lots must include the original subdivision and lot boundaries. If a replat is submitted for only a portion of a previously platted subdivision, the replat must reference the previous subdivision name and recording information, and must state on the replat the specific lots which have changed. f. If the previous plat is vacated as prescribed in Section 212.013 of the Texas Local Government Code, as amended, a public hearing is not required for a replat of the area vacated. g. The replat of the subdivision shall meet all the requirements for a final plat for a new subdivision that may be pertinent, as provided for herein. h. The title shall identify the document as a"Final Plat"of the" Addition,Block , Lot(s) , Being a Replat of Block , Lot(s) of the Addition, an addition to the City of Wylie, Texas, as recorded in Volume/Cabinet ,Page/Slide of the Records of(the appropriate)County of Record, Texas". i. An application submittal for a replat shall be the same as for a final plat, and shall be accompanied by the required number of copies of the plat,a completed application form, the required submission fee, and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Section 1.10. j. The replat shall be filed at the County in the same manner as prescribed for a final plat, and approval of a replat shall expire if all filing materials are not submitted to the City, and if the replat is not filed at the County within the time periods specified for a final plat. Section 2.9: Amending Plats 2.9 a. An amended plat shall meet all of the informational and procedural requirements set forth for a final plat, and shall be accompanied by the required number of copies of the plat,a completed application form,the required submission fee,and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Section 1.10. City of Wylie, Texas 41 Subdivision Ordinance(Draft) b. The City Planner may approve an amending plat, which may be recorded and is controlling over the preceding or final plat without vacation of that plat, if the amending plat is signed by the applicants only and if the amending plat is for one or more of the purposes set forth in this Section. The procedures for amending plats shall apply only if the sole purpose of the amending plat is to: 1. Correct an error in a course or distance shown on the preceding plat; 2. Add a course or distance that was omitted on the preceding plat; 3. Correct an error in a real property description shown on the preceding plat; 4. Indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments; 5. Show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat; 6. Correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names, and identification of adjacent recorded plats; 7. Correct an error in courses and distances of lot lines between two adjacent lots if: (a) Both lot owners join in the application for amending the plat; (b) Neither lot is abolished; (c) The amendment does not attempt to remove recorded covenants or restrictions; and (d) The amendment does not have a material adverse effect on the property rights of the owners in the plat; 8. Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement; 9. Relocate one or more lot lines between one or more adjacent lots if: (a) The owners of all those lots join in the application for amending the plat; (b) The amendment does not attempt to remove recorded covenants or restrictions; and (c) The amendment does not increase the number of lots; or City of Wylie, Texas 42 Subdivision Ordinance(Draft) 10. To make necessary changes to the preceding plat to create six(6)or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if: (a) The changes do not affect applicable zoning and other regulations of the City; (b) The changes do not attempt to amend or remove any covenants or restrictions; and (c) The area covered by the changes is located in an area that the City Council has approved, after a public hearing, as a residential improvement area. c. The City Planner may, at his or her discretion and for any reason, elect to present the amending plat to the Planning and Zoning Commission and City Council for consideration and approval. Any decision made on the amending plat by the City Planner shall be approval of the plat. Should the City Planner refuse to approve the amending plat,then the plat shall be referred to the Commission and the City Council for consideration within the time period required by State law. d. Notice, a public hearing, and the approval of other lot owners are not required for the approval and issuance of an amending plat. e. The amended plat shall be entitled and clearly state that it is an"amended plat." It shall also state the specific lots affected or changed as a result of the amended plat, and shall include the original subdivision plat boundary. All references to "final plat" or "replat" shall be removed. f. Other than noted above, the procedure for approval of plat amendment(s) shall be the same as in Section 2.8. g. The amending plat shall be filed at the County in the same manner as prescribed for a final plat, and approval of an amending plat shall expire if all filing materials are not submitted to the City Secretary, and if the plat is not filed at the County within the time periods specified for a final plat. Section 2.10: Plat Vacation 2.10 a. By Property Owner. The property owner of the tract covered by a plat may vacate,upon review by the Commission and approval by the City Council,the plat at any time before any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat (instrument language is available from the City, upon request). b. By All Lot Owners. If some or all of the lots covered by the plat have been sold, the plat,or any part of the plat,may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat. City of Wylie, Texas 43 Subdivision Ordinance(Draft) c. Criteria. The Planning and Zoning Commission shall review, and the City Council shall approve,the petition for vacation on such terms and conditions as are in accordance with Section 212.013 of the Texas Local Government Code (as amended), and as are reasonable to protect the public health, safety and welfare. As a condition of vacation of the plat, the City Council may direct the petitioners to prepare and seek approval of a revised final plat in accordance with this Ordinance such that the property does not become "unplatted". d. Effect of Action. On the execution and recording of the vacating instrument,the vacated plat shall have no effect. Regardless of the Commission's and Council's action on the petition,the property owner will have no right to a refund of any monies,fees or charges paid to the City nor to the return of any property or consideration dedicated or delivered to the City except as may have previously been agreed to by the Commission and City Council. e. City-Initiated Plat Vacation. 1. General Conditions. The City Council, on its motion, may vacate the plat of an approved subdivision or addition when: (a) No lots within the approved plat have been sold within five(5)years following the date that the plat was signed by the City; (b) The property owner has breached an improvement agreement and the City is unable to obtain funds with which to complete construction of public improvements, except that the vacation shall apply only to lots owned by property owner or its successor; or (c) The plat has been of record for more than five (5) years and the City determines that the further sale of lots within the subdivision or addition presents a threat to public health, safety or welfare, except that the vacation shall apply only to lots owned by the property owner or its successors. 2. Procedure. Upon any motion of the Planning and Zoning Commission or City Council to vacate the plat of any previously approved subdivision or addition, in whole or in part, the City shall publish notice in a newspaper of general circulation in the County. The City shall also provide personal notice to all property owners within the subdivision or addition and to the City Council. The notice shall state the time and place for a public hearing on the motion to vacate the subdivision or addition plat. The Commission shall recommend approval and the City Council shall approve the vacation only if the criteria and conditions cited above are satisfied. City of Wylie, Texas 44 Subdivision Ordinance(Draft) 3. Record of Notice. If the Commission and City Council approve vacating a plat,the City Secretary shall record a copy of the resolution or ordinance in the office of the County Clerk of the appropriate County of Record with a copy of the area or plat vacated. The County Clerk shall write legibly on the vacated plat the word "vacated"and shall enter on the plat a reference to the volume and page at which the vacating instrument is recorded. If the Commission and City Council adopt a resolution or ordinance vacating a plat in part,it shall cause a revised final plat to be recorded which shows that portion of the original plat that has been vacated and that portion that has not been vacated. On the execution and recording of the vacating instrument the vacated plat has no effect. Section 2.11: Minor Plats 2.11 a. A minor plat shall meet all of the informational and procedural requirements set forth for a final plat, and shall be accompanied by the required number of copies of the plat, a completed application form, the required submission fee, and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Section 1.10. b. The City Planner may approve a minor plat, or may, for any reason, elect to present the minor plat to the Planning and Zoning Commission and City Council for consideration and approval. Any decision made on the minor plat by the City Planner shall be approval of the plat. Should the City Planner refuse to approve the minor plat, then the plat shall be referred to the Planning and Zoning Commission and/or City Council for consideration within the time period required by State law. c. Notice, a public hearing, and the approval of other lot owners are not required for the approval a minor plat. d. The minor plat shall be entitled and clearly state that it is a "minor plat." e. The minor plat shall be filed at the County in the same manner as prescribed for a final plat, and approval of a minor plat shall expire if all filing materials are not submitted to the City and if the plat is not filed at the County within the time periods specified for a final plat. City of Wylie, Texas 45 Subdivision Ordinance(Draft) III. SUBDIVISION DESIGN STANDARDS Section 3.1: Streets 3.1 a. The arrangement,character,extent,width,grade and location ofall streets shall conform to the City of Wylie's Thoroughfare Plan and Four Cities Thoroughfare Plan as well as Design Manuals and Standard Construction Details, and shall be considered in their relation to existing and planned streets or driveways (whether within the City of Wylie, within its ETJ area, or within adjacent municipal or County areas), to topographical conditions, to public safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. Reserve or residual strips of land controlling access to or egress from other property, or to or from any street or alley, or having the effect of restricting or damaging the adjoining property for subdivision purposes, or which will not be taxable or accessible for improvements shall not be permitted in any subdivision unless such are required by the City in the public interest (such as to enhance public safety or other public interest). All streets shall be constructed in accordance with the City's Design Manuals and Standard Construction Details. b. Adequacy of Streets and Thoroughfares. 1. Responsibility for Adequacy of Streets and Thoroughfares. The property owner shall assure that the subdivision is served by adequate streets and thoroughfares,and shall be responsible for the costs of all rights-of-way and street improvements adjacent to the development, in accordance with the following policies and standards,and subject to the City's cost participation policies on oversized facilities. 2. General Adequacy Policy. Every subdivision shall be served by improved streets and thoroughfares adequate to accommodate the vehicular traffic to be generated by the development. Proposed streets shall provide a safe, convenient and functional system for traffic circulation; shall be properly related to the City's Thoroughfare Plan, road classification system, Comprehensive Plan and any amendments thereto; and shall be appropriate for the particular traffic characteristics of each development. 3. Road Network. New subdivisions shall be supported by a road network having adequate capacity, ingress/egress, and safe and efficient traffic circulation. The adequacy of the road network for developments of one hundred (100) or more dwelling units, or for developments generating one thousand (1,000) or more "one- way" trips per day, or for developments involving collector or arterial streets not appearing on the City's adopted Thoroughfare Plan,or where deemed required by the City Engineer, shall be demonstrated by preparation and submission, along with the concept plan or preliminary plat application, of a traffic impact analysis prepared in accordance with Subsection (f), Traffic Impact Analysis, which takes into consideration the need to accommodate traffic generated by the development, land to be developed in common ownership and other developed property. In the event that the property to be developed is intended as a phase in a larger development project,or constitutes a portion of the land to be ultimately developed, City of Wylie, Texas 46 Subdivision Ordinance(Draft) the City Council may require a demonstration of adequacy pursuant to this Section for additional phases or portions of the property as a condition of approval for the proposed concept plan or plat. In the event that the applicant submits a traffic impact analysis for an entire phased development project, the City may require an update of the study for later phases of the development. If the concept plan or plat is in conformance with the Thoroughfare Plan and if the concept plan or plat is for a development of less than one hundred (100) dwelling units or for a development generating less than one thousand (1,000) "one-way" trips per day, then a traffic impact analysis may be required at the discretion of the City Engineer. 4. Approach Roads and Access. All subdivisions must have at least two (2) points of vehicular access (primarily for emergency vehicles), which must be connected via improved roadways to the City's improved thoroughfare and street system by one or more approach roads of such dimensions and improved to such standards as are hereinafter set forth. Requirements for dedication of right-of-way and improvement of approach roads may be increased depending upon the size or density of the proposed development, or if such need is demonstrated by traffic impact analysis. (a) "Two (2) points of vehicular access" shall be construed to mean that the subdivision has at least two (2) improved roads accessing the subdivision from the City's improved thoroughfare system, and the subdivision has at least two road entrances. The City Council may, at its discretion and upon a finding that such will not compromise public safety or impede emergency access, accept a single median-divided entrance from the City's improved thoroughfare system provided that the median extends into the subdivision to an intersecting internal street which provides at least two (2) routes to the interior of the subdivision. For example, the entrance street is not a dead-end or cul-de-sac,and it does not create a"bottleneck"allowing only one emergency route into the interior of the subdivision. (b) The subdivision shall be designed to provide adequate emergency access for public safety vehicles. Each residential lot in the subdivision shall have a minimum frontage on a dedicated street as required by applicable zoning or thirty (30') feet, whichever is greater, unless other provisions have been authorized through planned development approval. 5. Off-Site Improvements. Where traffic impact analysis demonstrates the need for such facilities, the property owner shall make such improvements to off-site collector and arterial streets and intersections as are necessary to mitigate traffic impacts generated by the development or related developments. City of Wylie, Texas 47 Subdivision Ordinance(Draft) 6. Street Dedications. (a) Dedication of Right-of-Way. The property owner shall provide all rights-of- way required for existing or future streets, and for all required street improvements, including perimeter streets and approach roads,as shown in the Thoroughfare Plan, Design Manuals and Standard Construction Details or other valid development plans approved by City Council. In the case of perimeter streets, half of the total required right-of-way width for such streets shall be provided unless the proposed development is on both sides of the street, in which case the full right-of-way width shall be provided. In some instances, more than half of the required width shall be required when a half street is impractical or unsafe and depending upon the actual or proposed alignment of the street, such as in the case of a curved street, as may be required by the City Council. (b) 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 an appropriate amount of the street shall be improved, by the developer of the subdivision or addition. (c) 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 be no steeper than three (3) feet horizontal run to one (1) foot vertical height, or a three-to- one (3:1) slope. 7. Street Construction. All streets and thoroughfares shall be constructed and paved to City standards and within rights-of-way as required by the Thoroughfare Plan and this Ordinance, and in accordance with the Design Manuals and Standard Construction Details and other regulations as may be from time to time amended or adopted by the City Council. 8. Intersection Improvements and Traffic Control Devices shall be installed as warranted in accordance with the traffic impact analysis. Construction and design standards shall be in accordance with City Design Manuals and Standard Construction Details. 9. Phased Development. Where a subdivision is proposed to occur in phases, the applicant, in conjunction with submission of the preliminary plat, shall provide a schedule of development. The schedule shall set forth the intended plan of development and dedication of rights-of-way for streets and street improvements, whether on-site or off-site,intended to serve each proposed phase of the subdivision. The City Engineer shall determine whether the proposed streets and street improvements are adequate pursuant to standards herein established, and may require that a traffic impact analysis be submitted for the entire project or such phases as the City determines to be necessary to adjudge whether the subdivision will be adequately served by streets and thoroughfares. City of Wylie, Texas 48 Subdivision Ordinance(Draft) 10. Private Streets. Subdivisions having private streets may be established only under the terms set forth in this Section,and pursuant to any other ordinances or guidelines for private street developments as may be adopted for use by the City either as part of this Ordinance or as separate ordinances or policies. All private streets shall be designed and constructed in accordance with the City's Design Manual and Standard Construction Details for publicly dedicated streets. The term"Private Street" shall be inclusive of alleys, if such are to be provided within the subdivision. (a) Private Streets: Subdivision Eligibility Criteria. Private streets shall be permitted only within a subdivision satisfying each of the following criteria: (1) The subdivision shall have a sufficient number of lots and value to demonstrate through an approved economic analysis the viability of private maintenance by the development served; and (2) The streets to be restricted to private use are not intended for regional or local through traffic circulation(see Subsection 3.1 c.10.(b) below); and (3) The subdivision is located in an area that is surrounded on three(3) sides, meaning at least seventy-five percent (75%) of the perimeter, by natural or man-made barriers, so as to be accessible from only a single direction of the compass; and (4) The subdivision is located adjacent to an existing or approved public street that can be reasonably connected,even though the street connection may require construction of a bridge or culvert; and (5) A mandatory property owners(homeowners)association,which includes all property to be served by the private streets, shall be formed and shall be responsible for maintenance of the private streets and alleys. (see Subsection 3.1c.10.(e) below and Section 4.3); and (6) The subdivision conforms to any other special guidelines for private street developments as may be approved separately by the City Council. (b) Private Streets: Certain Streets Excluded. Roads or streets that are shown on the City's Thoroughfare Plan, such as highways, major or minor thoroughfares or arterials, or collectors, shall not be used, maintained or constructed as private streets,and a private street subdivision shall not cross or interfere with an existing or future collector or arterial street. Also, the Planning and Zoning Commission and City Council may deny the creation of any private street if, in their sole judgment,the private street would negatively affect traffic circulation on public streets, or if it would impair access to the subject or adjacent property;impair access to or from public facilities including schools or parks; or if it would cause possible delays in the response time of emergency vehicles. City of Wylie, Texas 49 Subdivision Ordinance(Draft) (c) Private Streets: Parks, Greenbelts and Wildlife Preserves Excluded. A private street subdivision shall not cross or interfere with public access to an existing or future public pedestrian pathway,hike and bike trail,greenbelt,park or wildlife preserve as shown on the City of Wylie's Parks and Open Space Master Plan or as already dedicated for public use. (d) Private Streets: Property Owners or Homeowners Association Required. Subdivisions developed with private streets shall have a mandatory property owners association which includes all property and lots served by the private streets(see Section 4.3). The association shall own and be responsible for the maintenance of private streets and appurtenances. The association documents shall be reviewed and approved by the City Planner and the City Attorney to ensure that they conform to these and other applicable City rules and regulations. The documents shall be filed of record at the appropriate County prior to fmal plat acceptance in order to ensure that there is an entity in place for long-term maintenance of private streets and appurtenances. The association may not be dissolved without the prior written consent of the City Council. No portion of the association documents pertaining to the maintenance of private streets and alleys, and assessments therefore, may be amended without the written consent of the City Council. The City will not assist in enforcing deed restrictions. (e) Private Streets: Private Street Lot. Private streets must be constructed within a separate lot owned by the property owners association. This lot must conform to the City's standards for public street rights-of-way. An easement covering the street lot shall be granted to the City providing unrestricted access to and use of the property for any purpose deemed necessary by the City. This right shall also extend to all utility providers operating within the City and to other necessary governmental service providers, such as the U.S. Postal Service. The easement shall also permit the City to remove any vehicle or obstacle within the street lot that may impair emergency access. (f) Private Streets: Construction and Maintenance Cost. The City shall not pay for any portion of the cost of constructing or maintaining a private street. (g) Private Streets: Infrastructure and Utilities. Any public water, sewer and drainage facilities, street lights, and traffic control devices, such as traffic signs, placed within the private street lot shall be designed and constructed to City standards, and shall be accepted by and dedicated to the City prior to filing the record plat for the subdivision. All private traffic control devices and regulatory signs shall conform to the "Texas Manual of Uniform Traffic Control Devices", as amended, and to City standards. City of Wylie, Texas 50 Subdivision Ordinance(Draft) The metering for utilities such as water, gas and electricity shall be located on the individual lots to be served, not grouped together in a centralized location(s), such as "gang-box" style metering stations, which shall not be permitted. (h) Private Streets: Plans and Inspections. Development applications for subdivisions with private streets must include the same plans and engineering information required for public streets and utilities. City requirements pertaining to inspection and approval of improvements shall apply, and fees charged for these services shall also apply. The City may periodically inspect private streets, and may require any repairs necessary to ensure efficient emergency access and to protect the public health, safety, convenience and welfare. (i) Private Streets: Restricted Access. The entrances to all private streets shall be clearly marked with a sign, placed in a prominent and visible location, stating that the streets within the subdivision are private, and that they are not maintained nor regularly patrolled by the City. Guard houses, access control gates, and cross arms, if used, shall be constructed per Subsection(k) below. All restricted access entrances must be manned twenty-four (24) hours every day, or they must provide a reliable, alternative means of ensuring City and emergency access to the subdivision, preferably with an Opticom-type system for emergency access, by the City and other utility or public service providers, such as postal carriers and utility companies, with appropriate identification. The method to be used to ensure City and emergency access into the subdivision shall be approved by the City Council and by all applicable emergency services providers prior to engineering release for construction of the development. If the association fails to maintain reliable access as required herein, the City may enter the subdivision and remove any gate or device which is a barrier to access at the sole expense of the association. The association documents shall contain provisions in conformity with this Section which may not be amended without the written consent of the City Council. (j) Private Streets: Access Restricted Entrance Design Standards. Any private street (and any other type of gated entrance)which has an access control gate or cross arm must have a minimum uninterrupted pavement width of twenty- seven(27) feet at the location of the gate or access control device,both ingress point and egress point,regardless of the type of device used. If an overhead,or lift-up, barrier is used, it must be a minimum of fourteen (14) feet in height above the road surface, and this clearance height shall be extended for a minimum distance of fifty (50) feet in front of and behind the location of the device. All gates and cross arms must be of a breakaway design. A minimum vehicle stacking distance of one hundred (100) feet shall be provided from the right-of-way line of the public road from which the private street subdivision is accessed to the first vehicle stopping point, which is usually an access request keypad, a telephone, or a guard's window. Adequate distance shall be provided between the access request point(s) and the entry barrier, or gate,to accommodate a vehicle turnaround as described below. City of Wylie, Texas 51 Subdivision Ordinance(Draft) A paved turnaround space must be located in front of(i.e.,prior to passage of) any restricted access entrance barrier, between the access request device and the barrier or gate, to allow vehicles that are denied access to safely exit onto public streets without having to back up,particularly into the public street upon which the entrance is located. The design and geometry of such turnaround shall be of such pavement width and having such inside turning radius that it will accommodate smooth, single-motion U-turn movements by the types of service and utility trucks that typically visit or make deliveries to neighborhoods that are similar to the proposed private street development shall be accommodated, such as utility service vehicles, postal or UPS delivery trucks, and two- to three-axle flatbed or box-type trucks used by contractors and moving companies. The City Engineer may require submission of additional drawings plans or exhibits demonstrating that the proposed turnaround will work properly, and that vehicle turnaround movements will not compromise public safety on the entry roadway or on the adjacent public street(s). A site plan showing the design and location of all proposed access restricted entrances shall be submitted for review by the City Engineer along with the engineering plans for the subdivision, and must be approved by the City Council along with approval of the preliminary plat. (k) Private Streets: Waiver of Services. The subdivision final plat, property deeds and property owners association documents shall note that certain City services shall not be provided for private street subdivisions. Among the services which will not be provided are: routine law enforcement patrols, enforcement of traffic and parking regulations, and preparation of accident reports. Depending upon the characteristics of the development and upon access limitations posed by the design of entrances into the subdivision, other services (such as sanitation) may not be provided, as well. (1) Private Streets: Petition to Convert to Public Streets. The property owner's association documents shall allow the association to petition the City to accept private streets and any associated property as public streets and right-of-way upon written notice to all association members and upon the favorable vote ofa majority of the membership. However, in no event shall the City be obligated to accept said streets as public. Should the City elect to accept the streets as public, then the City has the right to inspect the private streets and to assess the lot owners for the expense of needed repairs concurrent with the City's acceptance of the streets. The City shall be the sole judge of whether repairs are needed. The City may also require, at the association's or the lot owners' expense, the removal of any guard houses,access control devices, landscaping or other aesthetic amenities located within the street lot or within any other City of Wylie, Texas 52 Subdivision Ordinance(Draft) common area. The association documents shall provide for the City's right to such removal and assessment. Those portions of the association documents pertaining to the subject matter contained in this Section shall not be amended without the written consent of the City Council. (m) Private Streets: Hold Harmless. On the subdivision final plat shall be language whereby the property owners association, as owner of the private streets and appurtenances, agrees to release, indemnify, defend and hold harmless the City, any other governmental entity, and any public utility entity for damages to the private streets that may be occasioned by the reasonable use of the private streets by same, and for damages and injury (including death) arising from the condition of the private streets, out of any use of access gates or cross arms, or out of any use of the subdivision by the City or governmental or utility entity(such plat language is available from the City). d. Escrow Policies and Procedures. 1. Request for Escrow. Whenever this Ordinance requires a property owner to construct a street or thoroughfare,or other type ofpublic improvement,the property owner may, if there exists unusual circumstances, such as a timing issue due to pending roadway improvements by another agency such as TxDOT or the appropriate County of Record, that would present undue hardships or that would impede public infrastructure coordination or timing, petition the City to construct the street or thoroughfare, usually at a later date, in exchange for deposit of escrow as established in this Section. If more than one street or thoroughfare must be constructed in order to meet adequacy requirements for roadways, as demonstrated by a traffic impact analysis, the City Engineer may prioritize roadways for which escrow is to be accepted and require the deposit of all funds attributable to the development in escrow accounts for one or more of such affected roadways. The City Council shall review the particular circumstances involved (a traffic impact analysis may be required to facilitate the City Council's deliberations on the matter), and shall determine, at its sole discretion, whether or not provision of escrow deposits will be acceptable in lieu of the property owner's obligation to construct the street or thoroughfare with his or her development. 2. Escrow Deposit With the City. Whenever the City shall agree to accept escrow deposits in lieu of construction by the owner of the property under this Ordinance, the property owner or developer shall deposit in escrow with the City an amount equal to his or her share of the costs of design, construction, permits, reviews and approvals, inspections, any additional land acquisition, and an appropriate and the current standard inflation factor to ensure that the actual"future dollar"costs will be City of Wylie, Texas 53 Subdivision Ordinance(Draft) covered when actual construction occurs in the future. Such amount shall be paid prior to release of engineering plans by the City Engineer. The obligations and responsibilities of the property owner shall become those of the property owner's transferees, successors and assigns; and the liability therefore shall be joint and several. 3. Determination of Escrow Amount. The amount of the escrow shall be determined by using the maximum comparable "turnkey" bid price of construction of the improvements (including design, permits, reviews and approvals, inspections and any additional land acquisition that may be needed). Such determination of the escrow amount shall be made as of the time the escrow is due hereunder. 4. Termination of Escrow. Escrows which have been placed with the City under this Section or in accordance with previously approved street improvement policies,and which have been held for a period of twenty (20) years from the date of such payment or agreement, in the event that the City has not authorized the preparation of plans and specifications for construction of such roadway facilities for which the escrow was made, shall, upon written request, be returned to the current property owner, with any accrued interest. Such return does not remove any obligations of the property owner for construction of the required facilities if a building permit has not been issued on the subject lot or if a new building permit is applied for. 5. Refund. If any street or highway for which escrow is deposited is constructed by a party other than the City, or is reconstructed by another governmental authority at no cost to the City,the escrowed funds and accrued interest shall be refunded to the current property owner or applicant who originally paid the escrow amount 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 party or governmental authority, the difference between the property owner's actual proportionate cost and the escrowed funds, including accrued interest, if any, shall be refunded after completion and acceptance of the improvements. 6. Interest Limitation. If money is refunded within six(6) months of deposit, only the principal will be refunded. Monies returned after this date will be refunded with interest accrued,calculated at one percent(1%)less than the rate of actual earnings. Existing funds, collected for previous subdivision development such as Perimeter Street funds, shall be refunded as stated in Section 4 above, principle and earned interest. City of Wylie, Texas 54 Subdivision Ordinance(Draft) e. Traffic Impact Analysis. Any proposed development project or plat involving a significant change to a proposed roadway alignment from that shown on the City of Wylie's Thoroughfare Plan(or involving a development of one hundred (100) or more dwelling units,or for developments generating one thousand(1,000)or more"one-way" trips per day), or as required by the City Engineer, must be preceded by submission and approval of a traffic impact analysis as specified in Subsection (f) below. Failure to provide for such approval prior to submission of a preliminary plat(or concurrently with the preliminary plat application) shall be grounds for denial of the plat application. f. Required Components of Traffic Impact Analysis. Whenever this Ordinance(or the City Council, in unique instances which do not necessarily meet the above criteria but which may significantly affect the public health, safety or welfare, such as a proposed subdivision that will only be accessed via substandard roadways which may pose an impediment to emergency response vehicles) require submission and City Council approval of a traffic impact analysis, the following elements shall be included: 1. General Site Description. The traffic impact analysis shall include a detailed description of the roadway network within one (1) mile of the site, a description of the proposed land uses, the anticipated states of construction, and the anticipated completion date of the proposed land development shall be provided. This description, which may be in the form of a map, shall include the following items: (1) all major intersections; (2) all proposed and existing ingress and egress locations; (3) all existing roadway widths and rights-of-way; (4) all existing traffic signals and traffic-control devices; and (5) all existing and proposed public transportation services and facilities within a one (1) mile radius of the site. 2. Proposed Capital Improvements. The traffic impact analysis shall identify any changes to the roadway network within one(1)mile of the site that are proposed by any government agency or other developer. This description shall include the above items as well as any proposed construction project that would alter the width or alignment of roadways affected by the proposed development. 3. Roadway Impact Analysis. (a) Transportation Impacts: (1) Trip Generation. The average weekday trip generation rates(trip ends), the average weekend trip generation rates(for uses other than residential or institutional), the highest average a.m. and p.m. hourly weekday trip generation rates, and the highest hourly weekend generation rates (for uses other than residential or institutional) for the proposed use shall be determined based upon the trip generation rates contained in the most recent edition of the Institute of Transportation Engineers, Trip City of Wylie, Texas 55 Subdivision Ordinance(Draft) Generation Manual; or shall be based upon data generated by actual field surveys of area uses compatible to the proposed use and approved by the City Engineer. (2) Trip Distribution. The distribution of trips to arterial and collector roadways within the study area identified in Subsection 3.1 f.1 (General Site Description) above shall be in conformity with accepted traffic engineering principles,taking into consideration the land use categories of the proposed development; the area from which the proposed development will attract traffic; competing developments (if applicable); the size of the proposed development;development phasing;surrounding existing and anticipated land uses, population and employment; existing and projected daily traffic volumes; and existing traffic conditions identified pursuant to Subsection 3.1 f1 above. (b) Adequacy Determination. The roadway network included within the traffic impact analysis shall be considered adequate to serve the proposed development if existing roadways identified as arterials and collectors can accommodate the existing service volume, and the service volume of the proposed development, and the service volume of approved but unbuilt developments holding valid, unexpired building permits at a level of service "C" or above. 4. Intersection Analysis. (a) Level of Service Analysis. For intersections within the roadway traffic impact analysis area described in Subsection 3.1 f1 herein(General Site Description), a level of service analysis shall be performed for all arterial to arterial, arterial to collector,and collector to collector intersections,and for any other pertinent intersections identified the City Engineer. Also, level of service analysis will be required on all proposed site driveway locations for all nonresidential developments. The City may waive analysis of minor intersections and site driveway locations within the one-mile radius. The level of service analysis shall be based upon the highest hourly average a.m. or p.m. peak weekday volume or highest average hourly peak weekend volume as determined from a two-day survey of weekday volumes and, where necessary, a one-day survey of weekend volumes. The level of service analysis shall take into consideration the lane geometry,traffic volume,percentage of right-hand turns, percentage of left-hand turns, percentage (and typical size) of trucks, intersection width, number of lanes, signal timing and progression, roadway grades, pedestrian and bicycle flows, school routes, number of accidents, and peak hour factor. City of Wylie, Texas 56 Subdivision Ordinance(Draft) (b) Adequacy Analysis. The intersections included within the traffic impact analysis shall be considered adequate to serve the proposed development if existing intersections can accommodate the existing service volume, the service volume of the proposed development, and the service volume of approved but unbuilt developments holding valid, unexpired building permits at level of service "C" or above. 5. Effect of Adequacy Determination. If the adequacy determination for roadways and intersections indicates that the proposed development would cause a reduction in the level of service for any roadway or intersection within the study area identified in Subsection 3.1E1 herein that would cause the roadway to fall below the level of service required hereto, the proposed development shall be denied unless the developer agrees to one of the following conditions: (a) The deferral of building permits until the improvements necessary to upgrade the substandard facilities are constructed; (b) A reduction in the density or intensity of development; (c) The dedication or construction of facilities needed to achieve the level of service required herein; or (d) Any combination of techniques identified herein that would ensure that development will not occur unless the levels of service for all roadways and intersections within the traffic impact analysis study are adequate to accommodate the impacts of such development. g. Arrangement of Streets Not Shown on the Thoroughfare Plan. For streets that are not shown on the City's Thoroughfare Plan,such as local residential streets,the arrangement of such streets within a subdivision shall: 1. Provide for the continuation or appropriate projection of existing streets from or into surrounding areas, including at least two (2) points of access; 2. Conform to a special area plan for the neighborhood approved or adopted by the City Council to meet a particular situation where topographical or other conditions make continuance or conformity to existing streets impractical; 3. Provide for additional future access,such as by stubbing streets for future extension, to adjacent vacant areas which will likely develop under a similar zoning classification or for a similar type of land use; and 4. Not conflict in any way with existing or logically anticipated driveway openings. City of Wylie, Texas 57 Subdivision Ordinance(Draft) h. Residential collector streets and minor residential streets shall be laid out such that their use by through traffic will be discouraged, such as via circuitous routes or multiple turns or offsets, but such that access is provided to adjacent subdivisions. Wherever the right- of-way width of a collector or residential street must transition to a greater or lesser width, such transition shall occur along the front, side or rear lot lines of adjacent lots and shall not occur within the street intersection itself In other words,the right-of-way width shall be the same on both sides of the street intersection. i. Where a subdivision abuts or contains an existing or proposed arterial street, the City Council may require marginal access streets, reverse frontage (lots which back onto the arterial), deep lots with rear service alleys, or such treatment as may be necessary for adequate protection of residential properties and to afford separation ofthrough and local traffic. j. Reserve strips controlling access to streets shall be prohibited except where their control is required by the City and approved by the City Council. k. Street right-of-way widths shall be as shown on the Thoroughfare Plan and as defined by the corresponding roadway cross-sections in the Thoroughfare Plan and the City's Design Manual and Standard Construction Details. 1. Construction of half streets shall be prohibited, except when essential to the reasonable development of the subdivision in conforming with the other requirements of this Ordinance and the Thoroughfare Plan, and where the City Council makes a determination that there is no immediate benefit to be gained by constructing the full street section since no access from the street will be needed by the subdivision in question. The City Council may also find that it would be more practical, or cost effective, to delay construction of the other half of a street until when the adjoining property is developed. If the property owner is responsible for one-half(1/2) of the street, then the property owner shall either construct the facility along with his or her development or shall provide escrow for the construction cost of his or her share of the facility (including all applicable street appurtenances such as median openings, left turn lanes into the development, sidewalks, drainage structures, etc.) unless the City participates in the construction of the facility. Whenever a partial street has been previously platted along a common property line, the other portion of the street right-of-way shall be dedicated such that the right-of-way is increased to the street's ultimate planned width. Improvements shall be made to all on-site facilities as defined herein (see Definitions, Section 1.13). City of Wylie, Texas 58 Subdivision Ordinance(Draft) m. Except in unusual cases, no dead-end streets will be approved unless such dead-end streets are provided to connect with future streets on adjacent land. In the case of dead- end streets, which will eventually be extended into the adjacent subdivision, no more than one lot (per side) can front onto the dead-end street stub unless a temporary turnaround bulb (with an off-site easement) is provided at the end. A temporary dead- end street shall not exceed the maximum allowed length of a normal cul-de-sac, and the temporary turnaround bulb must be constructed like a cul-de-sac, as provided in Subsection (p) above (the City Engineer may authorize the use of asphalt or other durable paving material than concrete for the arc, or"wing", portions of the temporary turnaround bulb in order to minimize the cost of removing those portions later on). A note shall be placed on the final plat clearly labeling any dead-end streets (if any) that will at some point be extended into the adjacent property, and signage shall be placed at the end of the constructed street stub,such as on the barricade,also stating that the street will be extended in the future. Signage and lettering must be large enough to be legible by a person with normal vision at a twenty-foot distance. Any required temporary turnaround easements shall be shown on the fmal plat along with their appropriate recording information, if they are off-site or established by separate instrument. n. New streets which extend existing streets shall bear the names o f the existing streets,and shall be dedicated at equal or greater right-of-way widths than the existing streets. o. Construction of New Streets. All new streets dedicated within a subdivision shall be constructed in accordance with paving widths and specifications as set forth in the Design Manuals and Standard Construction Details of the City of Wylie at the time at which the preliminary plat application is officially submitted and deemed a complete application. p. Points of Access. All subdivisions shall have at least two (2) points of access from improved public roadways (also see Section 3.1c.4). Driveway access onto roadways shall be provided and designed in accordance with the City's Design Manuals and Construction Details standards that are in effect at the time the preliminary plat application is officially submitted and deemed a complete application. q. Streets will be constructed in accordance to the City's Design Manuals and Standard Construction Details standards that are in effect at the time the preliminary plat application is officially submitted and deemed a complete application. Section 3.2: Alleys 3.2 a. No alleys shall be required within nonresidential districts. If provided or constructed by the developer, nonresidential alleys shall conform to the adopted Design Manual and Stand Construction Details. City of Wylie, Texas 59 Subdivision Ordinance(Draft) b. Alleys shall be required in all residential districts within the City of Wylie and its extraterritorial jurisdiction, and shall be constructed in accord with the adopted Design Manual. The City Council may waive this alley requirement or part thereof when determined to be in the best interest of the City. Section 3.3: Easements 3.3 a. The minimum width for City easements shall be fifteen(15)feet or as otherwise required by the City Engineer. The minimum width for City drainage easements shall be as required by the City Engineer. The width of easements for other utility providers, such as for gas, electric, telephone or cable television, shall be as required by that particular entity. It shall be the applicant's responsibility to determine appropriate easement widths required by other utility companies(also see Section 3.8). Wherever possible,easements shall be centered or along front or side lot lines rather than across the interior or rear of lots, particularly where no alleys will be provided behind the lots. b. Where a subdivision is traversed by a watercourse, drainage way or channel, there shall be provided a storm water easement or drainage right-of-way conforming substantially with such course and of such additional width as may be designated by the City Engineer, subject to determination according to proper engineering considerations. The required width shall conform to the requirements set forth by the Federal Emergency Management Agency (FEMA), the U.S. Army Corps of Engineers, and/or the City. Parallel streets or parkways may be required adjacent to certain portions of creek or drainage ways to provide maintenance access and/or public access to recreation areas (see Section 4). Other utilities may be permitted within the drainage easement only if approved by the City Engineer and any other applicable entity requiring the drainage easement. c. No fences or other structures shall be located within a drainage easement. d. Where alleys are not provided in a residential subdivision, a minimum ten(10) feet wide utility easement shall be provided along the front of all lots, adjacent to and flush with the street right-of-way line for the potential placement of utility facilities. e. For new development, all necessary on-site easements shall be established on the subdivision plat and not by separate instrument,and they shall be labeled for the specific purpose,and to the specific entity,for which they are being provided. Examples include, but are not limited to, the following: a water, sanitary sewer or drainage easement, which is dedicated to the City for a water or sanitary sewer line or for a drainage structure; an access easement, which is dedicated to the public for unrestricted access purposes;a fire lane easement, which is dedicated to the City and its fire suppression and emergency medical service providers for access purposes;an electrical,gas or telephone easement, which is dedicated to the specific utility provider that requires the easement; and so on. City of Wylie, Texas 60 Subdivision Ordinance(Draft) Section 3.4: Blocks 3.4 a. The length, width and shapes of blocks shall be determined with due regard to: 1. Provision of adequate building sites suitable to the special needs of the type of use contemplated. 2. Zoning requirements as to lot sizes, setbacks and dimensions. 3. Needs for convenient access, circulation, control and safety of street traffic and for pedestrians or bicyclists traveling to a public park or school site within the neighborhood. b. Intersecting streets, which determine the lengths and widths of blocks, shall be provided at such intervals as to serve cross-traffic adequately,to provide adequate fire protection, and to conform to customary subdivision practices. Where no existing subdivision or topographical constraints control, the block lengths shall not exceed one thousand two hundred (1,200) feet in length. Where no existing subdivision or topographical constraints control, the blocks shall not be less than three hundred (300) feet in length; however, in cases where physical barriers or property ownership creates conditions where it is appropriate that these standards be varied, the length may be increased or decreased (through issuance of variances or waiver by the City Engineer with plat approval) to meet the existing conditions having due regard for connecting streets, circulation of traffic and public safety. Section 3.5: Sidewalks 3.5 a. Pedestrian concrete walkways(sidewalks)not less than four(4)feet wide or as required by the Zoning Ordinance shall be required within all residential subdivisions on both sides of residential and collector streets. Sidewalks shall be installed prior to the issuance of a Certificate of Occupancy for each abutting development as set forth in the City of Wylie's Design Manuals and Standard Construction Details. Sidewalks shall be constructed with the residential and nonresidential construction. 2. The cost and provision of any perimeter sidewalks, such as along major thoroughfares, may be escrowed as a part of a developers agreement, if approved by the City. The City has the right, but not the obligation, to refuse escrow and to require paving of the sidewalks if, in its sole opinion, immediate provision of the sidewalks is necessary for safe pedestrian circulation or if it would otherwise protect the public health, safety or welfare. c. As deemed appropriate by the City Engineer, sidewalks shall be constructed at time of development of subdivision, or funds escrowed to City and will be reimbursed to developer as sidewalks are constructed. City of Wylie, Texas 61 Subdivision Ordinance(Draft) Section 3.6: Lots 3.6 a. Lots shall conform to the minimum requirements of the established zoning district, except as noted in Subsection(g.) below. b. Each lot shall front onto a dedicated, improved public street unless platted as an approved private street subdivision in accordance with this Ordinance (see Section 3.1 c.10.). Lot width and access shall conform with the provisions of the City of Wylie's Zoning Ordinance, Comprehensive Plan, and any other applicable City code or ordinance. Lot access onto highway, arterial and collector streets is subject to approval by the City Council, which may require a traffic study or other information prior to approval of the preliminary plat in order to fully study all access issues. In all cases, lots shall have a minimum of thirty(30) feet of frontage along a dedicated, improved street. c. Irregular-shaped lots shall have sufficient width at the building line to meet lot width and frontage requirements of the appropriate zoning district, and shall provide a reasonable building pad without encroachment into front, side or rear yard setbacks or into any type of easement. Also, the rear width shall be sufficient to provide access for all necessary utilities, including access for driveways and solid waste collection when alleys are present. In general,triangular, severely elongated or tapered, "flag"or"panhandle"lots shall be avoided, and the City reserves the right to disapprove any lot which, in its sole opinion, will not be suitable or desirable for the purpose intended. d. Side lot lines shall be at ninety-degree angles or radial to street right-of-way lines to the greatest extent possible. The City reserves the right to disapprove any lot which, in its sole opinion, is shaped or oriented in such a fashion as to be unsuitable or undesirable for the purpose intended, or which is not attractively or appropriately oriented toward its street frontage. e. Double frontage lots shall be avoided, except where they may be essential to provide separation of residential development from traffic arterials, as defined in Section 3.1, or to overcome a specific disadvantage or hardship imposed by topography or other factors. Where lots have double frontage, building setback lines shall be established for each street side, and rear yard screening shall be provided in accordance with Section 5.7. Residential lots shall not back onto any residential street or collector street within a residential area or neighborhood. f No unsite septic tanks shall be used without specific approval by City Council. Section 3.7: Building Lines 3.7 a. Front and street side building lines shall be shown on a concept plan and on any type of plat for all lots, and shall be consistent with the Zoning Ordinance requirements for the district in which the development is located, if subject to the City's zoning regulations and with any other applicable City ordinance. For property that is not subject to the City's zoning regulations, such as property that lies within the City's extraterritorial jurisdiction, the minimum front building line shall be as follows: City of Wylie, Texas 62 Subdivision Ordinance(Draft) 1. Any property or lot, whether residential or nonresidential, which fronts onto State Highway 78, F.M. 544, or F.M. 1378: The front building setback shall be filly(50) feet along those roadways. 2. Any nonresidential or multiple-family property or lot which fronts onto any other existing or future roadway: The front building setback shall be twenty-five(25)feet. 3. Any single-family residential parcel or lot which fronts onto any other existing or future roadway: The front building setback shall be fifty (50) feet. Section 3.8: Utility Services (not provided by the City of Wylie) 3.8 a. For purposes of this Section, the following meanings shall apply: 1. "Utility services" - The facilities of any person, firm or corporation providing electric,natural gas,telephone,cable television,or any other such item or service for public use approved but not provided by the City of Wylie. 2. "Feeder or feeder/lateral line" -High voltage supply electric lines volts that emanate from substations used to distribute power through an area to an unspecified number of customers. 3. "Lateral lines" - Those electric or telephone lines used to distribute power from a feeder line to a single subdivision. These electric lines are normally connected to a feeder line through a sectionalizing device such as a fuse. 4. "Service lines" - Those electric lines used to connect between the utilities' supply system or lateral lines and the end user's meter box. b. All subdivision plats and engineering plans submitted to the City of Wylie for approval shall provide for utility services such as electrical, gas, telephone and cable television utility lines, including lateral or service distribution lines, and wires to be placed underground. Feeder and other major transmission lines may remain overhead within the appropriate easements. However, an applicant shall endeavor and, whenever practical, the City shall require that feeder lines are placed away from major or minor thoroughfares or arterials, as shown on the Thoroughfare Plan. Whenever practical, feeder lines which are to be placed overhead shall not be placed along both sides of the street right-of-way. Verification of acceptance of easement locations and widths by the utilities shall be provided to the City, by the applicant, prior to final plat approval by the City Council, and all easements shall be reviewed by the utility companies and by the City Engineer (for those to the City) prior to granting final approval for any residential subdivision affected by this Section. The applicant shall also,prior to final plat approval, provide a Letter of Commitment from each utility provider, such as those providing electricity, gas, telephone and cable television, who will serve the development that said utility providers will ensure the provision of necessary infrastructure and service to all portions of the proposed development prior to acceptance by the City. Failure to submit such Letters of Commitment from utility providers shall constitute grounds for denial of the final plat application on the basis that there is no written assurance that the development can be served by essential utility services. City of Wylie, Texas 63 Subdivision Ordinance(Draft) c. Each of the utility companies shall be responsible for developing administrative policies, criteria for easement size, and cost reimbursement procedures for the installation and extension of their underground utilities. Nothing herein shall prohibit or restrict any utility company from recovering the difference in cost of overhead facilities and underground utilities from the property owner in accordance with the provisions of such utility's approved tariff. No utility company shall be required or permitted to begin construction of underground facilities unless and until the property owner or developer of the subdivision has made arrangements satisfactory to the specific utility company for the payment of such difference between the cost of overhead facilities and underground facilities, as approved by the City Engineer. d. All electrical and telephone support equipment, including transformers, amplifiers and switching devices necessary for underground installations, shall be pad- or ground- mounted, or shall be mounted underground and not overhead, unless the subdivision is served from perimeter overhead electrical facilities. Pad- or ground-mounted utility equipment shall be completely screened from view of any public roadway, and shall not be located within any required visibility area, such as at street intersections or corners or at driveway openings or within City right-of-way. e. Temporary construction service may be provided by overhead electric lines and facilities without obtaining a variance or waiver or special exception, provided that when the underground utility service to any portion of a subdivision is completed, such overhead electric lines and facilities are promptly removed. £ Nothing in this Section shall be construed to require any existing facilities in place prior to the effective date of this Ordinance to be placed underground. g. The metering for utilities such as water, gas and electricity shall be located on the individual lots to be served, not grouped together in a centralized location(s), such as "gang-box" style metering stations, which shall not be permitted. h. The locations, widths and configurations of easements for any utility service provider other than the City of Wylie shall be determined,approved and acquired(if necessary)by the applicable utility service provider. i. Utilities along residential and collector streets shall be located in alley or separate easements adjacent to the street rights-of-way. j. Street crossings when caring/conduit/box — installed with street to avoid disruption or boring. k. All utilities installed before City accepts subdivision. Section 3.9: Water and Wastewater Facility Design 3.9 a. All new subdivisions shall be connected with an approved water system, and shall be capable ofproviding water for health and emergency purposes,including fire protection. The design and construction of water system improvements shall comply with the following standards: City of Wylie, Texas 64 Subdivision Ordinance(Draft) 1. Design and construction of a water source on the site shall be in accordance with applicable regulations of the Texas Commission on Environmental Quality(TCEQ). 2. Design and construction of water service from the City shall be in accordance with the standards in the City's Design Manuals and Standard Construction Details Manual, and in accordance with TCEQ standards, whichever is the most stringent requirement. 3. Design and construction of a fire protection system shall be in accordance with the standards in the Design Manuals and Standard Construction Details Manual, and in accordance with the fire department serving the site (i.e., the City or the County, as applicable). b. All new subdivisions shall be required to connect to the City's wastewater system unless served by other means approved by the City Council. The design and construction of the wastewater system improvements shall comply with the following standards: 1. Design and construction of on-site waste disposal systems shall comply with applicable regulations of the TCEQ,applicable regulations of Appropriate County of Record, and with the provisions of the City of Wylie's Code of Ordinances, whichever is the most stringent requirement. 2. Design and construction of wastewater collection and treatment service from the City shall be in accordance with the standards in the City's Design Manuals and Standard Construction Details Manual, and in accordance with TCEQ standards, whichever is the most stringent requirement. c. The subdivider shall be responsible for: 1. Phasing of development or improvements in order to maintain adequate water and wastewater services; 2. Extensions of utility lines to connect to existing utility services; 3. Providing or procuring all necessary easements for the utilities (whether on-site or off-site); 4. Providing proof to the City of adequate water and wastewater service; 5. Providing provisions for future expansion of the utilities if such will be needed to serve future developments or lines larger than twelve (12) inches; 6. Providing all operations and maintenance of the utilities, or providing proof that a separate entity will be responsible for the operations and maintenance of the utilities; 7. Providing all fiscal security required for the construction of the utilities; 8. Obtaining approvals from the applicable utility providers if other than the City; and 9. Complying with all requirements of the utility providers, including the City. City of Wylie, Texas 65 Subdivision Ordinance(Draft) d. Extension of water and wastewater lines shall be made along the entire frontage of the subdivision adjacent to a street or thoroughfare. If the subdivision is not adjacent to a thoroughfare, the extension of utilities shall be accomplished in such a manner as to allow future connections to said utilities by new subdivisions. If new subdivisions will never be constructed beyond a developing subdivision due to physical constraints, the City Council may waive the requirement for adjacent utility line construction at the time of preliminary plat approval and prior to construction of the subdivision. e. Installation, operations and maintenance of utilities not specifically referenced herein shall comply with regulations of the TCEQ and with any other applicable State rules and regulations, whichever is the most stringent requirement. Section 3.10: Storm Water Collection and Conveyance Systems 3.10 a. System Design Requirements. Drainage improvements shall accommodate runoff from the upstream drainage area in its anticipated maximum "build-out" condition, and shall be designed to prevent overloading the capacity of the downstream drainage system. The City may require the phasing of development, the use of control methods such as retention or detention, or the construction of off-site drainage improvements in order to mitigate the impact of the proposed development. No storm water collection system shall be constructed unless it is designed in accordance with the City's Design Manuals by a licensed professional engineer, and unless it is reviewed and approved by the City Engineer. All plans submitted to the City Engineer for approval shall include a layout of the drainage system together with supporting calculations for the design of the system. b. All erosion and sedimentation controls shall conform to the Design Manuals, Stormwater Management Plan,City Ordinance,or EPA requirements,whichever is most stringent. For erosion and sedimentation control, the City uses the latest edition of "Storm Water Quality Best Management Practices for Construction Activities in North Central Texas" (by the NCTCOG), a copy of which is on file at the City. c. No person, individual,partnership, firm or corporation shall deepen, widen, fill, reclaim, reroute or change the course or location of any existing ditch, channel, stream or drainage way without first obtaining written permission of the City Engineer and any other applicable agency (such as FEMA or the U.S. Army Corps of Engineers) having jurisdiction. The City Engineer may, at his or her discretion, require preparation and submission of a flood study for a proposed development if there are concerns regarding storm drainage on the subject property or upstream or downstream from the subject property. The costs of such study, if required, shall be borne by the developer. d. In order to help reduce storm water runoff, and resulting erosion, sedimentation and conveyance of nonpoint source pollutants, the layout of the street network, lots and building sites shall, to the greatest extent possible, be sited and aligned along natural contour lines, and shall minimize the amount of cut and fill on slopes in order to minimize the amount of land area that is disturbed during construction. Development shall attempt to balance out and fill required for the development. City of Wylie, Texas 66 Subdivision Ordinance(Draft) e. No cross-street flow (i.e., perpendicular to traffic flow) of storm water runoff shall be permitted unless approved by the City Engineer. When and if such drainage flow is allowed, it must be across a concrete street (i.e., valley gutter) and as approved by the City Engineer. f. All storm water retention or detention facilities which are not located underground shall be designed using materials and techniques as established in the City's Design Manuals and Standard Construction Details or as may be required by the City Engineer and shall be maintained by a Homeowner's Association. g. Developer shall install on each storm inlet a permanent title,plaque or impression stating that this inlet discharges into a river,creek,etc. in order to discourage dumping of debris and toxics. (City shall adopt a design/logo for this.) City of Wylie, Texas 67 Subdivision Ordinance(Draft) • IV. PUBLIC SITES AND OPEN SPACES Section 4.1: Areas for Public Use 4.1 a. The applicant shall give consideration to suitable and adequate sites for schools, parks, playgrounds, and other areas for public use or service so as to conform with the recommendations contained in the City's Comprehensive Plan; Park, Recreation and Open Space Master Plan;and other applicable plans. Any provision for schools,parks or other public facilities shall be indicated on the preliminary and final plat, and shall be subject to approval by City Council. Section 4.2: Protection of Drainage and Creek Areas 4.2 a. All creeks and drainage areas shall be preserved and protected in their natural condition wherever possible, unless significant storm drainage improvements are required by the City in these areas. All development adjacent to creeks and drainage areas shall be in accordance with the City's Design Manuals and Standard Construction Details, with applicable policies in the Comprehensive Plan, and with any other City policies or ordinances related to aesthetics or public enjoyment of creeks and waterways. b. Definitions and Methodology for Determining the Floodway Management Area(FMA). The definitions for"floodway" and "floodway fringe" shall correspond to those set forth by the Federal Emergency Management Agency(FEMA). For purposes of the National Flood Insurance Program, the concept of a floodway is used as a tool to assist the local community in the aspect of flood plain management. Under this concept,the area of the 100-year flood is divided into a floodway and floodway fringe. The floodway is the channel of a stream plus any adjacent flood plain areas that must be kept free of encroachment in order that the 100-year flood may be carried without substantial increases in flood heights as defined by FEMA. The area between the floodway and boundary of the 100-year flood is termed the floodway fringe. The floodway fringe is the area which can be used for development by means of fill according to FEMA and City engineering criteria. For the purposes of this Ordinance, the Floodway Management Area (FMA) will correspond to the floodway fringe, as defined by FEMA (or as may be modified per a flood study approved by FEMA). c. Areas Where an FMA is Required. All drainage areas or regulated floodways fringe as referenced on the applicable flood boundary map(Flood Insurance Rate Map,or FIRM) shall be included in the FMA. If FEMA does not specify a floodway fringe zone in any of the creeks or their tributaries, it shall be the developer's responsibility to establish and identify the FMA. The determination shall be made by a licensed professional engineer and approved by the City Engineer. Where improvements to a drainage area are required by other ordinances of the City for the purpose of safety or other reasons related to drainage, those ordinances shall also be observed. The FMA is intended to apply to a creek or channel which is to remain open or in its natural condition. The creek shall remain in its natural state unless improvements are permitted or required by the City due to the pending development of properties adjacent to or upstream of the required improvements. City of Wylie, Texas 68 Subdivision Ordinance(Draft) d. Ownership and Maintenance of the FMA. The area determined to be the FMA shall be designated on the preliminary plat. Approximate locations shall be shown on zoning change requests and concept plans-- accurate locations of the FMA shall be established on the preliminary plat and prior to site construction. At the City's option,the FMA shall be protected by one of the following methods: 1. Dedicated to the City of Wylie for flood management purposes(flood areas shall not be dedicated for parks or recreation purposes); or 2. Easement(s). Creeks or drainageways on tracts which have private maintenance provisions, other than single- or two-family platted lots, can be designated as the FMAs by an easement to the City on the preliminary plat (with the appropriate plat language, as required by the City). Subdivisions with platted single-family or two- family lots may designate the FMA by easement provided there is adequate maintenance provisions (such as by a mandatory homeowners association), but no lots or portions of lots may be platted in the easement unless specifically allowed by the City. The area designated as FMA may be identified by a tract number; or 3. Certain recreational uses normally associated with or adjacent to flood prone areas (no structures allowed in the FMA), such as golf courses or certain types of parks. The uses allowed shall be in conformance with the Zoning Ordinance and approved by the Planning and Zoning Commission and City Council. Use of the FMA as public parkland shall also require approval by the City's Park Board. Prior to acceptance of any drainage way as an FMA by the City,the area shall be cleared of all debris and placed in a maintainable state. Floodway management areas dedicated to the City shall be left in a natural state except those areas designated for recreational purposes and unless storm drainage requirements do not permit this to occur. e. Design Criteria. The following design criteria shall be required for development adjacent to the FMA: 1. Adequate access shall be provided to and along the FMA for public and/or private maintenance. An unobstructed area a minimum of twenty feet (20') wide with a maximum 5:1 slope (five feet horizontal to one foot vertical), the length of the floodway shall be provided adjacent to or within the FMA. On the opposite side of the drainage area, an unobstructed area having a minimum width of five feet (5') shall be provided. City of Wylie, Texas 69 Subdivision Ordinance(Draft) • 2. Lots in a single-family, PD single-family, or duplex residential zoning district shall not be platted within the FMA, and no more than fifty percent (50%) of the linear length of the FMA (on each side) shall be allowed to have lots backing or siding onto it. If lots back or side onto an FMA, at least two (2) reasonable points of access to the FMA,each a minimum of twenty feet(20') in width, shall be provided. Streets, alleys and open-ended cul-de-sacs may qualify as access points if designed such that they are navigable by maintenance vehicles (e.g., alleys must be twenty- foot width). All areas of the FMA shall be accessible from the access points and shall be visible from access points. Lots used for multi-family dwellings may be platted in the FMA if the FMA is identified as an easement and is maintained as open space for use by the residents,and provided that access to the FMA is possible by City maintenance vehicles, should that need arise. If the FMA is to be public parkland, then adequate public access shall also be provided to it. 3. Public streets may be approved in the FMA by the Planning and Zoning Commission and City Council(if they conform to applicable engineering standards). 4. Public streets may be required to be constructed adjacent to some(or all)portions of the FMA to allow access for maintenance or recreational opportunities, and/or to allow increased visibility into creek areas for public safety and security purposes. 5. Alternate designs to facilitate equal or better access may be permitted if approved by the Planning and Zoning Commission and City Council. f. Drainage areas which have been altered and are not in a natural condition can be exempted from an FMA and this Section at the discretion of the City Council and upon recommendation by the Planning and Zoning Commission. Section 4.3: Property Owners or Homeowners Associations 4.3 a. Applicability. When a subdivision contains either common open space or other improvements which are not intended to be dedicated to the City of Wylie for public use, such as private streets, a private recreation facility, landscaped entry features or other private amenities, a property owners or homeowners association agreement consistent with State and other appropriate laws, must be submitted to and approved by the City Planner, and made a part of the fmal plat documents. The Conditions, Covenants and Restrictions(CCRs)and the association documents,such as the articles of incorporation and association by-laws, shall be submitted to the City for review and approval along with the preliminary plat application, and shall be filed of record at the appropriate County prior to final plat acceptable in order to ensure that there is an entity in place for long-term maintenance of these improvements (also see Section 3.1 c.10. (e)). Said documents must,at a minimum, include provisions which allow the City to take over the maintenance of common property,including but not limited to private streets and private recreation facilities, using association funds, if such action becomes necessary due to nonperformance or inaction by the association or if the association goes defunct. City of Wylie, Texas 70 Subdivision Ordinance(Draft) Provisions shall also be included which would, in the latter instance, convey ownership of the private streets (if any) and all other common areas to the City, and which would allow the City to remove any improvements or amenities from the common areas and sell any buildable land area, as residential lots, to recoup the City's expenses for maintenance or demolition of the improvements. Any monies that remain after the City has recovered all of its expenses shall be retained for future maintenance or upgrading of the streets,common areas(if any remain),screening walls,or other improvements within the subdivision. These provisions are not intended to allow the City to profit in any way from taking over the association's responsibilities or funds; they are only intended to allow the City to recoup its actual incurred expenses such that the general public, the taxpayers of the City, does not have to bear these costs. b. Membership. A property owners or homeowners association shall be an incorporated non-profit organization operating under recorded land agreements through which: 1. Each lot owner within the described land area is automatically a mandatory member; and 2. Each lot is automatically subject to a charge for a proportionate share of the expenses for the property owners or homeowners association's activities, such as maintenance of common open spaces or private streets, or the provision and upkeep of common recreational facilities. 3. The homeowners association shall provide and maintain an address and telephone contact with the City Secretary's office of the City of Wylie. c. Legal Requirements. In order to assure the establishment of a proper property owners or homeowners association, including its financing, and the rights and responsibilities of the property or home owners in relation to the use, management and ownership of common property, the subdivision plat, dedication documents, covenants, and other recorded legal agreements must: 1. Legally create an automatic membership, non-profit property owners or homeowners association; 2. Place title to the common property in the property owners or homeowners association,or give definite assurance that it automatically will be so placed within a reasonable, definite time; 3. Appropriately limit the uses of the common property; 4. Give each lot owner the right to the use and enjoyment of the common property; 5. Place responsibility for operation and maintenance of the common property in the property owners or homeowners association; 6. Place an association charge on each lot in a manner which will both assure sufficient association funds and which will provide adequate safeguards for the lot owners against undesirable high charges; 7. Give each lot owner voting rights in the association; and City of Wylie, Texas 71 Subdivision Ordinance(Draft) 8. Must identify land area within the association's jurisdiction including but not limited to the following: (a) Property to be transferred to public agencies; (b) The individual residential lots; (c) The common properties to be transferred by the developer to the property owners or homeowners association; and (d) Other parcels. 9. Any governmental authority or agency, including, but not limited to, the City and the County,their agents,and employees, shall have the right of immediate access to the common elements at all times if necessary for the preservation of public health, safety and welfare. Should the property owners or homeowners association fail to maintain the common elements to City specifications for an unreasonable time, not to exceed ninety(90)days after written request to do so,then the City shall have the same right, power and authority to enforce the association's rules and to levy assessments necessary to maintain the common elements. The City may elect to exercise the rights and powers of the property owners or homeowners association or its Board, or to take any action required and levy any assessment that the property owners or homeowners association might have taken, either in the name of the property owners or homeowners association or otherwise, to cover the cost of maintenance (or the possible demolition, if such becomes necessary to preserve public safety or to ease maintenance burden) of any common elements. d. Protective Covenants. Protective covenants shall be developed which, among other things, shall make the property owners or homeowners association responsible for: 1. The maintenance and operation of all common property; 2. The enforcement of all other covenants; 3. The administration of architectural controls (optional); and 4. Certain specified exterior maintenance of exterior improvements of individual properties (optional). The City is not responsible for enforcing protective covenants or deed restrictions. e. The association may not be dissolved without the prior written consent of the City Council. f. No portion of the association documents pertaining to the maintenance of private streets and alleys, and assessments therefore, may be amended without the written consent of the City Council. City of Wylie, Texas 72 Subdivision Ordinance(Draft) Section 4.4: Park Land & Public Facility Dedication 4.4 a. Areas for Public Use. The applicant shall give consideration to suitable sites for parks,playgrounds and other areas for public use so as to conform with the recommendations of the Comprehensive Plan and Parks, Recreation and Open Space Master Plan. Any provision for parks and public open space areas shall be indicated on the preliminary and final plat, and shall be in accordance with the most recently approved Park Board Dedication Ordinance, and subject to approval by the City's Park Board and by City Council. b. Park Land Dedication. 1. Any person, firm, or corporation offering a preliminary or final plat for development of any area zoned and to be used for single-family, duplex, or townhouse residential purposes within the City shall include on such preliminary and final plat the dedication (to the City of Wylie) of land for public park purposes, calculated at the rate of not less than one and one-half(1.5) acres of park land per one hundred(100) ultimate units of such residential subdivision as required by the Park Land Dedication Ordinance. The location and size of public parks within the City shall be as approved by the Park Board of the City of Wylie. That determination shall be based upon existing circumstances at the time, and shall be in accordance with the Park Recreation and Open Space Master Plan adopted by the City. 2. In instances where park land is unacceptable, unavailable or unsuitable for park purposes, money in lieu of land shall be paid into a "park dedication fund" maintained by the City of Wylie. Such money shall be in the amount of five hundred (500) dollars per individual dwelling unit or as required by the most recently approved Park Land Dedication Ordinance. a. The park dedication fund will be administered by the City to best benefit the development, provided that the funds shall be expended within the park district in which the park site is located. All sums deposited to the fund shall be accounted for by the City of Wylie and expended for such purposes as land acquisition, construction of improvements, and purchase of equipment. b. The dedicated land required hereby shall be suitable and dedicated for park and recreational purposes only. Such land shall be free of flood plain and major utility easements, and shall be suitable for appropriate recreational and leisure activities. All parkland offered for dedication under this Section shall meet the requirements for location and for physical land characteristics outlined in the Parks, Recreation and Open Space Plan and Park Land Dedication Ordinance. Lands occupied by major utility easements and transmission lines shall not be accepted. Areas having environmentally sensitive ecosystems, attractive views, topographical interest or unique natural features shall be preferred and encouraged for parkland dedication. City of Wylie, Texas 73 Subdivision Ordinance(Draft) b. Public Park Access. Park land shall be easily accessible for the public and open to public view so as to benefit area residents. A proposed subdivision adjacent to a public park or open space area shall not be designed to restrict reasonable access or visibility into the park for example, shall not have lots backing to the park land. Street connections between residential neighborhoods shall be provided, wherever possible, to provide reasonable access to parks and open space areas. Proposed access and public availability, both physical and visual, of parkland shall be reviewed and approved by the City's Park Board and by City Council. City of Wylie, Texas 74 Subdivision Ordinance(Draft) (This page was intentionally left blank) City of Wylie, Texas • Subdivision Ordinance(Draft) V. IMPROVEMENTS REQUIRED PRIOR TO ACCEPTANCE OF THE SUBDIVISION BY THE CITY Section 5.1: Improvements, In General 5.1 a. The requirements of the Subdivision Ordinance as set forth below are designed and intended to ensure that, for all subdivisions of land within the scope of the Subdivision Ordinance, all improvements as required herein are installed properly and: 1. The City can provide for the orderly and economical extension of public facilities and services; 2. All purchasers of property within the subdivision shall have a usable, buildable parcel of land; and 3. All required improvements are constructed in accordance with City standards. b. Adequate Public Facilities Policy. The land to be divided or developed must be served adequately by essential pubic facilities and services. No subdivision shall be approved unless and until adequate public facilities exist or provision has been made for water facilities, wastewater facilities, drainage facilities, electricity and street facilities which are necessary to serve the development proposed, whether or not such facilities are to be located within the property being platted or off-site. This policy may be defined further and supplemented by other ordinances adopted by the City. Wherever the subject property abuts adjoining undeveloped land,or wherever required by the City to serve the public good, utilities shall be extended to adjacent property lines to allow connection of these utilities by adjacent property owners when such adjacent property is platted and/or developed. c. Public improvements that are required by the City of Wylie for the acceptance of the subdivision by the City shall include, but are not limited to, the following: 1. Water and wastewater facilities; 2. Storm water drainage, collection and conveyance facilities; 3. Water quality, erosion and sedimentation controls; 4. Streets; 5. Street lights; 6. Street signs; 7. Alleys; 8. Sidewalks; 9. Screening and/or retaining walls; City of Wylie, Texas 75 Subdivision Ordinance(Draft) 10. Traffic control devices required as part of the project; 11. Gas, Electric, Cable, Phone utilities installed; and 12. Appurtenances to the above, and any other public facilities required as part of the proposed subdivision. 13. All applicable fees,including but not limited to water and sewer impact fees,escrow funds for infrastructure, security and maintenance bonds. d. All aspects of the design and implementation of public improvements shall comply with the City's current design standards and any other applicable City codes and ordinances, including preparation and submittal of engineering plans and construction inspection. The construction of all of the improvements required in this Ordinance shall conform to the latest edition of the City's Design Manuals and Standard Construction Details, as may be amended, and to any other applicable City standards. e. Changes or Amendments to the Design Manuals and Standard Construction Details and Other Construction or Design Documents. The Design Manuals and Standard Construction Details will, from time to time, require revisions and updates to allow for changing construction technology. When changes are required,the Design Manuals and Standard Construction Details may be amended by separate ordinance. It is the applicant's responsibility to be aware of, and to conform with, All Design Manuals and Standard Construction Details requirements(including amendments)that are in place as of the time a complete development application for a preliminary plat(including required engineering/construction plans) is received by the City. Section 5.2: Monuments 5.2 a. In all subdivisions and additions, monuments shall be established at the corner of each block in the subdivision consisting of an iron rod or pipe not less than five-eighths(5/8) inch in diameter and twenty-four inches (24") deep, and set six inches (6") below the ground. Lot corner monuments shall be placed at all lot corners except corners which are also block corners,consisting of iron rods or pipes of a diameter of not less than one-half (1/2) inch and eighteen (18) inches deep, and set flush with the top of the ground. In addition, curve point markers shall be established of the six (6) inches below. Each block corner monument shall include a cap with the surveyor's name and registration number attached to it. All block corners shall be installed prior to the final inspection of the subdivision by the City. Lot corners shall be installed prior to issuance of a building permit. b. Concrete monumentation and ties to state Plane Coordinates shall be installed. City of Wylie, Texas 76 Subdivision Ordinance(Draft) Section 5.3: Street Lights 5.3 All street lighting shall be installed in conformance with the City's Zoning Ordinance. Mercury vapor luminaries shall not be accepted. All fixtures shall be hooded in a way that directs all lighting downward. Section 5.4: Street Names and Signs 5.4 a. Street names must be submitted to the City, for review and approval. Proposed street names shall be submitted for review as a part of the preliminary plat application, and shall become fixed at the time of approval of the preliminary plat. On the final plat, street names shall not be changed from those that were approved on the preliminary plat unless special circumstances have caused the major realignment of streets or a proposed street name(s) is discovered to have already been used elsewhere in the City (or some other similar eventuality). If additional street names are needed for the final plat, then they must be submitted for review and approval by the City,the U.S. Postal Service,and applicable emergency service providers (including 911) along with the final plat application. A fee may be established by the City for the changing of street names after approval of the preliminary plat. b. Surnames of people or the names of corporations or businesses shall not be used as street names, unless approved by the City Council. The City will maintain a list of existing street names (and "reserved" street names that have been approved on a preliminary plat), and will update the list as new streets are platted. c. New street names shall not duplicate existing street names either literally or in a subtle manner (for example, Smith Street vs. Smythe Street; Oak Drive vs. Oak Place vs. Oak Court vs. Oak Circle; Cascade Drive vs. Cascading Drive); shall not be so similar as to cause confusion between names (for example, Lakeside Drive vs. Lake Side Drive vs. Lake Siding Drive); and shall not sound like existing street names when spoken (for example, Oak Drive vs. Doak Drive vs. Cloak Drive; Lantern Way vs. Land Tern Way). Suffixes shall be in agreement when a street is extended (for example Oak Street cannot extend Oak Drive). d. New streets which extend existing streets shall bear the names of the existing streets. Streets crossing thoroughfares or other roadways shall bear the same name on both sides of the thoroughfare,wherever practical. A cul-de-sac or loop that is named after another thorough street(such as Oak Court or Oak Circle or Oak Trail)must actually connect to the main street (Oak) from which the name is derived. e. The property owner shall install all street name signs for the development. Each street name sign installation shall include sign assembly, pole and installation. Installation shall be complete prior to approval of the engineering plans by the City Engineer. City of Wylie, Texas 77 Subdivision Ordinance(Draft) f. Street name signs as specified by City shall be installed in accordance with the City's guidelines before issuance of a building permit for any structure on the streets approved within the subdivision. Section 5.5: Retaining Wall Requirements,Construction Regulations,and Design Criteria 5.5 a. Retaining Wall Requirements. In general, the use of retaining walls shall be minimized, wherever possible, through minimal and balanced cut and fill on property. When property within or directly adjacent to a subdivision contains changes in elevation exceeding two and one-half(2.5)feet and the slope exceeds one unit vertical in two units horizontal, a retaining wall shall be required at the locations specified herein prior to the acceptance of the subdivision: 1. Location A. The grade change roughly follows a side or rear lot line. 2. Location B. The grade change is adjacent to a proposed building site boundary. 3. Location C. The grade change is adjacent to a water course or drainage easement. b. Retaining Wall Design and Construction. All retaining wall design and construction shall be in compliance with the provisions of the Building Code and the Design Manuals and Standard Construction Details of the City of Wylie, and shall be approved by the Building Official. c. Retaining Wall Maintenance. Retaining walls shall be maintained by the owner of the property where such retaining wall is located. d. Retaining walls shall not be constructed parallel to and within any portion of a utility easement. Section 5.6: Screening and Landscaping Construction Regulations, Requirements and Design Criteria 5.6 a. Screening. 1. Where subdivisions are platted so that the rear or side yards of single-family or two- family residential lots are adjacent to an arterial thoroughfare (greater than sixty (60) feet in right-of-way width on the Thoroughfare Plan);a four(4) lane collector street; are separated from a thoroughfare by an alley; or back up to a collector or residential street (which is not allowed unless specifically approved by City Council), the developer shall provide, at his or her sole expense, screening according to the following alternatives and standards. All screening including columns and decorative features, shall be adjacent to the right-of-way and fully located on the private lot(s), within a separate lot or within a landscape easement assigned to the Homeowners Association across several lots. All forms of screening shall conform to the requirements of City ordinances and policies that govern sight distance for traffic safety. City of Wylie, Texas 78 Subdivision Ordinance(Draft) 2. Screening Alternatives. Screening shall be provided in accordance with, and shall be constructed to, standards and criteria as set forth in the City's Design Manuals and Standard Construction Details and other related City code(s) and policy(s). 3. A maintenance easement at least five (5) feet in width shall be dedicated to the Homeowners Association on the private lot side and adjacent to the screening wall or device. 4. The screening wall shall be installed prior to approval of the final plat and prior to final acceptance of the subdivision. Landscape materials may be installed before the subdivision is accepted, upon approval of the City Engineer. 5. All plants, such as trees, shrubs and ground covers, shall be maintained by the Homeowners Association living and in sound, healthy, vigorous and growing condition. All plant beds shall be irrigated,with meters charged to the Homeowners Association. 6. All masonry and steel screening wall plans and details must be designed and sealed by a licensed professional engineer, and must be approved by the Building Official. 7. Required height of screening devices, including spans between columns, shall be a minimum of six (6) feet and shall be no more than eight (8) feet tall. Decorative columns, pilasters, stone caps, sculptural elements, and other features may exceed the maximum eight(8) foot height by up to two (2) feet for a total maximum height of ten (10) feet for these features, provided that such taller elements comprise no more than ten(10) percent of the total wall length in elevation view. Features that are taller than ten(10) feet in height shall require City Council approval. 8. Screening walls and devices shall not be constructed within any portion of a utility easement unless specifically authorized by the City and other applicable utility provider. b. Entryway Features (neighborhood identification). 1. Subdivisions may provide a landscaped entryway feature at access points from streets and thoroughfares into the subdivision. The entryway feature shall be placed on private property and within an easement identified for such use (point systems requires entry features), and shall observe all sight visibility requirements. All feature or landscaping shall be located on private property so that long-term maintenance responsibility will be borne by the property owner or an approved homeowners association (see Section 4.3). Entryway features that are located within City right-of-way shall only be allowed with City Council approval. Prior to City Council approval, the applicant will execute an agreement with the City that relieves the City of maintenance responsibility and that indemnifies and holds the City harmless for damage or injury incurred by or in conjunction with such features in the right-of-way. City of Wylie, Texas 79 Subdivision Ordinance(Draft) 2. Design Requirements. The entryway feature shall include low maintenance, living landscaped materials as approved by the City Planner. The design of the entryway feature shall also include an automatic underground irrigation system,and may also include subdivision identification, such as signage located on the wall. All plants shall be living and in a sound, healthy, vigorous and growing condition, and they shall be of a size, fullness and height that is customary for their container or ball size, as per the latest edition of the "American Standard for Nursery Stock", by the American Association of Nurserymen,as may be amended. Any walls or structures used in the entryway feature must conform to the City's regulations pertaining to maximum height within the front yard of residential lots(see the Zoning Ordinance) wherever the adjacent lot sides onto the arterial street and the wall will be located within the front yard setback area. 3. The design of the entryway shall be in accordance with design policies in the City's Design Manuals and Standard Construction Details. The design of the entry shall be reflected on the landscape and irrigation plans submitted along with the engineering plans and the preliminary plat, and shall be approved by the City Planner. 4. The maintenance of the entryway shall be the responsibility of the applicant for a period of at least two (2) years or until building permits have been issued for ninety (90) percent of the lots in the subdivision, whichever date is later. Following that period of time, maintenance responsibility shall be borne by the private property owner(s) upon whose lot(s) the entryway feature is located, or by an approved homeowners association (see Section 4.3). If, at some point in time, the maintenance responsibility shifts to the City, the City shall have the right to upgrade, reduce or eliminate entirely, at its sole option, the landscaping and other amenities in order to simplify or minimize the amount of time, effort and cost that maintenance of the entryway will require. c. Landscaping. All landscaping shall be in conformance with the City's Zoning Ordinance, and as interpreted and approved by the City staff. d. Signage. All signage shall be in conformance with the City's Sign Regulation. Section 5.7: Water and Wastewater Requirements 5.7 a. The installation of all water and wastewater lines shall be in conformance with Section 3.9 of this Ordinance. b. No final plat shall be approved for any subdivision within the City or its extraterritorial jurisdiction until the applicant has made adequate provision for a water system and a sanitary sewer system of sufficient capacity to adequately provide service to all tracts and lots within the area to be subdivided. The design and construction of the water City of Wylie, Texas 80 Subdivision Ordinance(Draft) system and of the sanitary sewer system to serve the subdivision shall be in conformance with the City's master plans for water and wastewater facilities and with the Design Manuals and Standard Construction Details, and shall be approved by the City Engineer (also see Section 3.9). c. Water system with mains of sufficient size and having a sufficient number of outlets to furnish adequate and safe domestic water supply and to furnish fire protection to all lots shall be provided. Water lines shall extend to the property line in order to allow future connections into adjacent undeveloped property, and a box for the water meter(s) for each lot shall be installed either in the right-of-way or immediately adjacent to the right- of-way in an easement. d. Services for utilities shall be made available to the property line of each lot in such a manner as will minimize the necessity for disturbing the street pavement and drainage structures when connections are made. e. Fire protection shall be provided in accordance with Section 3.9 of this Ordinance, with the City's Design Manuals and Standard Construction Details Manual, and with any other City policy or ordinance pertaining to fire protection or suppression. The Fire Chief shall have the authority to approve the locations and placement of all fire hydrants and fire lanes and he or she may, at his or her discretion, modify fire hydrant spacing or fire lane placement based upon special design or distance circumstances. Section 5.8: Improvement of Adjacent (Perimeter) Streets and Utilities 5.8 a. When a proposed subdivision,whether residential or nonresidential,abuts on one or both sides of an existing substandard street, or on a planned or future road as shown on the Thoroughfare Plan, being substandard according to the then existing current Thoroughfare Plan, the developer shall be required to improve his or her reasonable share of the existing on-site facility as that term is defined herein, including appurtenant sidewalks,screening and landscaping,storm drainage structures,water quality or erosion controls, and other utilities as defined in Section 1.13, to bring the same to City standards, or to replace it with a standard City street as determined by the traffic impact analysis, if required, at no cost to the City. b. The developer's share of improvements to a substandard perimeter road shall be twenty- five (25) feet of pavement (including curb, if any), which is approximately equivalent to half of a collector street width (i.e., two through traffic lanes), along the entire front footage of the subdivision, unless the traffic impact analysis, if required, indicates that some other pavement width is needed to achieve and maintain an acceptable level of service on the roadway. If the subdivision is to be located on both sides of the roadway, City of Wylie, Texas 81 Subdivision Ordinance(Draft) twenty-five (25) feet of pavement shall be constructed by the developer on each side of the road along the entire front footage of the subdivision on each respective side of the road,unless the traffic impact analysis determines otherwise. Design and construction of the roadway shall be in accordance with the City's Thoroughfare Plan (with respect to right-of-way width and general location, the Design Manuals, and with any other applicable City codes and ordinances. Depending upon the specific roadway in question, and upon the traffic impact analysis results, any oversizing above the twenty-five (25) feet width shall be borne by the City,the County,the State or by some other entity. The City Council may, at its option, accept escrow funds in lieu of immediate roadway construction if the subdivision derives principal access from another improved roadway and if delaying construction and improvement of the road will not harm or otherwise inconvenience neighboring property owners or the general public. c. Streets which dead-end at power lines or similar rights-of-way or easements, and which are intended for future extension across these rights-of-way or easements, shall be constructed in the right-of-way or easement for half the distance across the right-of-way or easement, and shall be further restricted as set forth in Section 3.1 of this Ordinance. As with any other dead-end street, a note shall be placed on the final plat clearly labeling the dead-end streets that will, at some point,be extended across the power line easement (or right-of-way), and signage shall be placed at the end of the constructed street stub, such as on the barricade, also stating that the street will be extended in the future. Signage size and lettering shall be in accordance with the City requirements. Section 5.9: Storm Drainage and Water Quality Controls 5.9 a. An adequate storm sewer system consisting of inlets, pipes and other underground structures with approved outlets shall be constructed where runoff of storm water and the prevention of erosion cannot be accomplished satisfactorily by surface drainage facilities. Areas subject to flood conditions or inadvertent storm water retention,such as standing or pooling water,as established by the City Engineer,will not be considered for development until adequate drainage has been provided. b. The criteria for use in designing storm sewers, culverts, bridges, drainage channels, and drainage facilities shall conform to Section 3.10 of this Ordinance. In no case shall drainage areas be diverted artificially to adjacent properties or across roadways. Storm water drainage from one lot onto another shall not be allowed unless such does not pose any harm or inconvenience to the downstream property owner(s), unless specifically approved by the City Engineer, and unless the necessary off-site drainage easement is procured on the affected property(s). City of Wylie, Texas 82 Subdivision Ordinance(Draft) c. The developer shall ensure that all drainage improvements within public easements or rights-of-way are functioning properly prior to the expiration of the maintenance bond. The developer shall be responsible for removing any significant build-up of sediment or debris from drainage improvements, with the exception of backlot and sidelot drainage swales, at the eleventh month of the second year for the required two-year maintenance bond for the applicable facilities. The City shall inspect the improvements to determine any maintenance or correction of deficiencies at the conclusion of this period. City of Wylie, Texas 83 Subdivision Ordinance(Draft) (This page was intentionally left blank) City of Wylie, Texas Subdivision Ordinance(Draft) VI. REQUIREMENTS FOR ACCEPTANCE OF SUBDIVISIONS BY THE CITY OF WYLIE Section 6.1: Withholding City Services and Improvements Until Acceptance 6.1 a. The City hereby defines its policy to be that the City will withhold all City services and improvements of whatsoever nature, including the maintenance of streets and the furnishing of all other City services from any subdivision or property until all of the street, utility, storm drainage and other public improvements, as well as lot improvements such as retaining walls and grading and installation of improvements required for proper lot drainage and prevention of soil erosion on the individual residential lots,are properly constructed according to the approved engineering plans and to City standards, and until such public improvements are dedicated to and accepted by the City. Section 6.2: Guarantee of Public Improvements 6.2 a. Property Owner's Guarantee. Before accepting for filing the final plat of a subdivision located all or partially within the City or its extraterritorial jurisdiction, the City Council must be satisfied that all required public improvements have been (or will be) constructed in accordance with the approved engineering plans and with the requirements of this Ordinance. b. Improvement Agreement and Guarantee. The City Council may waive the requirement that the applicant complete and dedicate all public improvements prior to acceptance of the final plat for filing, 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 five (5) years following the date upon which the final plat is approved. The City Council may also require the property owner to complete or dedicate some of the required public improvements prior to acceptance of the final plat, and to enter into an improvement agreement for completion of the remainder of the required improvements during such two (2) year period. The improvement agreement shall contain such other terms and conditions as are agreed to by the property owner and the City. c. Improvement Agreement Required for Oversize Reimbursement. The City shall require an improvement agreement pertaining to any public improvement for which the developer shall request reimbursement from the City for oversize costs. The City Council, as it deems appropriate, has the authority to 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. The City Manager is authorized to sign an improvement agreement on behalf ofthe City. City of Wylie, Texas 84 Subdivision Ordinance(Draft) d. Security. Whenever the City permits an applicant to enter into an improvement agreement, it shall require the applicant 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 performance bond or letter of credit or other security acceptable to the City Manager and the City Attorney, as security for the promises contained in the improvement agreement. Security shall be in an amount equal to one hundred (100) percent 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 Manager and the City Attorney. e. Performance Bond. If the City Council authorizes the applicant to post a performance bond as security for its promises contained in the improvement agreement, the performance bond shall comply with the following requirements: 1. All performance bonds must be in the forms acceptable to the City Manager and the City Attorney; 2. All performance bonds must be executed by such sureties as are named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies", as published in Circular 570, as may be amended, by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury; 3. All performance bonds must be signed by an agent, and must be accompanied by a certified copy of the authority for him or her to act; 4. All performance bonds shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue performance bonds for the limits and coverage required. If the surety on any performance bond furnished by the applicant is declared bankrupt,or becomes insolvent, or its right to do business in terminated in the State of Texas, or the surety ceases to meet the requirements listed in Circular 570, the developer shall, within twenty (20) calendar days thereafter, substitute another performance bond and surety, both of which must be acceptable to the City. f. Letter of Credit. If the City Council authorizes the applicant to post a letter of credit as security for its promises contained in the improvement agreement, the letter of credit shall: 1. Be irrevocable; 2. Be for a term sufficient to cover the completion,maintenance and warranty periods, but in no event less than two (2) years; and 3. 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. City of Wylie, Texas 85 Subdivision Ordinance(Draft) g. As portions of the public improvements are completed in accordance with the Design Manuals And Standard Construction Details and the approved engineering plans, the applicant may make written application to the City Manager to reduce the amount of the original security. If the City Manager is satisfied that such portion of the improvements has been completed in accordance with City standards,he or she may,but is not required to, cause the amount of the security to be reduced by such amount that he or she deems appropriate, so that the remaining amount of the security adequately insures the completion of the remaining public improvements. h. The developer shall guarantee all public improvements free of defects for a two (2)year period. Upon acceptance by the City of all required public improvements, the City shall reimburse 100% of the security if the applicant is not in breach of the improvement agreement. Section 6.3: Temporary Improvements 6.3 The applicant shall build and pay for all costs of temporary improvements required by the City, and shall maintain those temporary improvements for the period specified by the City. Prior to construction of any temporary facility or improvement, the applicant shall file with the City a separate improvement agreement and escrow or, where authorized, a letter of credit, in an appropriate amount for temporary facilities, which agreement and escrow or letter of credit shall ensure that the temporary facilities will be properly constructed, maintained and removed. Section 6.4: Government Units 6.4 Governmental units to which these contract and security provisions apply may file, in lieu of the contract and security, a certified resolution or ordinance from officers or agents authorized to act in their behalf, agreeing to comply with the provisions of this Section. Section 6.5: Failure to Complete Improvements 6.5 a. 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 plat approvals shall be deemed to have expired. In those cases where an improvement agreement has been executed and security has been posted, and the required public improvements have not been installed within the terms of the agreement, the City may: 1. Declare the agreement to be in default and require that all the public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default; 2. Suspend final plat approval until the public improvements are completed, and may 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; City of Wylie, Texas 86 Subdivision Ordinance(Draft) 4. Assign its right to receive funds under the security to any third party, including a subsequent owner of the subdivision 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 property; or 5. Exercise any other rights or remedies available under the law. Section 6.6: Acceptance of Dedication Offers 6.6 Acceptance of formal offers for the dedication of streets, public areas, easements or parks shall be by authorization of the City Manager. The approval by the City Council of a preliminary or final plat shall not, in and of itself; be deemed to constitute or imply the acceptance by the City of any street, public area, easement or park shown on the plat. The City may require the plat to be endorsed with appropriate notes to this effect. Section 6.7: Maintenance and Guarantee of Public Improvements 6.7 The property owner shall maintain all required public improvements for a period of two (2) years following acceptance of the subdivision by the City, and shall also provide a two-year maintenance bond (warranty) that all public improvements will be free from defects for a period of two (2) years following such acceptance by the City. Section 6.8: Construction Procedures 6.8 a. A site development permit is required from the City prior to beginning any site development-related work in the City or its extraterritorial jurisdiction which affects erosion control, storm drainage, vegetation or tree removal, or a flood plain. b. Preconstruction Conference. The City shall require that all contractors participating in the construction meet for a preconstruction conference to discuss the project prior to release of a grading permit and before any filling, excavation, clearing or removal of vegetation and trees that are larger than six (6) inch caliper. All contractors shall be familiar with, and shall conform with, applicable provisions of the City's landscape ordinance and tree protection/preservation ordinance (Sections 7.6 and 7.7 of the Wylie Zoning Ordinance, respectively). c. Conditions Prior to Authorization. Prior to authorizing release of a site development permit, the City Engineer shall be satisfied that the following conditions have been met: 1. The preliminary plat has been approved by the City Council (and any conditions of such approval have been satisfied); 2. All required engineering documents are completed and approved by the City Engineer; City of Wylie, Texas 87 Subdivision Ordinance(Draft) 3. All necessary off-site easements and dedications required for City-maintained facilities and not shown on the plat must be conveyed solely to the City, such as by filing of a separate instrument, with the proper signatures affixed. The original of the documents and the appropriate fees for filing the documents at the appropriate County of Record requirements, and the City's submission guidelines, as may be amended from time to time shall be returned to the City prior to approval and release of the engineering plans by the City Engineer; 4. All contractors participating in the construction shall be presented with a set of approved plans bearing the stamp of release of the City Engineer, and at least one set of these plans shall remain on the job site at all times; 5. A complete list of the contractors, their representatives on the site, and telephone numbers where a responsible party may be reached at all times must be submitted to the City; and 6. All applicable fees must be paid to the City. d. Nonpoint Source Pollution Controls and Tree Protection. All nonpoint source pollution controls, erosion controls, and tree protection measures and devices shall be in place,to the City Engineer's satisfaction,prior to commencement of construction on any property. Section 6.9: Inspection and Acceptance of Public Improvements 6.9 a. General Procedure. Construction inspection shall be supervised by the City Engineer. Construction shall be in accordance with the approved engineering plans and the Design Manuals and Standard Construction Details of the City of Wylie (and other applicable codes and ordinances). Any change in design that is required during construction should be made by the licensed professional engineer whose seal and signature are shown on the plans. Another engineer may make revisions to the original engineering plans if so authorized by the owner of the plans, and if those revisions are noted on the plans or documents. All revisions shall be approved by the City Engineer. If the City Engineer finds, upon inspection, that any of the required public improvements have not been constructed in accordance with the City's standards and Design Manuals and Standard Construction Details, then the property owner shall be responsible for completing and correcting the deficiencies such that they are brought into conformance with the applicable standards. b. Letter of Satisfactory Completion. The City will not deem required public improvements satisfactorily completed until the applicant's engineer or surveyor has certified to the City Engineer, through submission of detailed sealed "as-built", or record, drawings of the property which indicate all public improvements and their locations, dimensions, materials and other information required by the City Engineer, and until all required public improvements have been completed. The "as-builts"shall also include a complete set of sealed record drawings of the paving, drainage, water, sanitary sewer and other public improvements, showing that the layout of the lines and grades of all public City of Wylie, Texas 88 Subdivision Ordinance(Draft) improvements are in accordance with engineering plans for the plat, and showing all changes made in the plans during construction, and containing on each sheet an "as- built" stamp bearing the signature and seal of the licensed professional engineer and the date. One reproducible drawing of the utility plan sheets containing the as-built information shall also be submitted. The engineer or surveyor shall also furnish the City with a copy of the approved final plat and the engineering plans, if prepared on a computer-aided design and drafting (CADD) system, in such a digital format (on disk) that is compatible with the City Engineer's CADD system. When such requirements have been met to the City Engineer's satisfaction, the Planning Director shall thereafter make a recommendation to the City Council for consideration of satisfactory completion of the public improvements. Once the City Council votes its approval of satisfactory completion, the City Engineer shall issue the Letter of Satisfactory Completion. Acceptance of the development shall mean that the developer has transferred all rights to all the public improvements to the City for use and maintenance. The City Council may, at its option, accept dedication of a portion of the required public improvements if the remaining public improvements are not immediately required for health and safety reasons,and if the property owner has posted a performance bond, letter of credit or cash bond in the amount of one hundred (100) percent of the estimated cost of those remaining improvements for a length of time to be determined by the City Council. If the remaining public improvements are greater than ten thousand (10,000) dollars and are not completed within the determined length of time, the City will impose a penalty that equals ten(10) percent of the performance bond, letter of credit, or cash bond. The obligation to complete the improvements remains with the developer, and all future building permits or certificates of occupancy will be withheld until the improvements are complete. If the remaining public improvements are less than ten thousand (10,000) dollars, the developer shall pay the actual dollar amount. The length of time may be extended due to inclement weather or unforeseen delays by mutual agreement between the developer and the City. 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. Section 6.10: Deferral of Required Improvements 6.10 a. The City Council may, upon petition of the property owner and favorable recommendation of the City Engineer, defer at the time of plat approval, subject to appropriate conditions, the provision of any or all public improvements as, in its judgment, are not required in the immediate interests of the public health, safety and general welfare. Cray of Wylie, Texas 89 Subdivision Ordinance(Draft) b. Whenever a petition to defer the construction of any public improvements required under this Ordinance is granted by the City Council,the property owner shall deposit in escrow his or her share of the costs (in accordance with City participation and oversizing policies)of the future public improvements with the City prior to approval of the 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. Section 6.11: Issuance of Building Permits and Certificates of Occupancy 6.11 a. No building permit shall be issued for a lot, building site, building or use of a lot or building unless the lot or building site has been officially recorded by a final plat approved by the City Council, and unless all public improvements, as required by this Ordinance for final plat approval have been completed. City of Wylie, Texas 90 Subdivision Ordinance(Draft) (This page was intentionally left blank) City of Wylie, Texas Subdivision Ordinance(Draft) VII. FILING FEES & PLAT RE-SUBMISSION REQUIREMENTS Section 7.1: Schedule of Fees and Re-Submission Requirements 7.1 a. Fees and charges, as well as other submission requirements, for the submission of applications for the approval of any type of plat and for engineering review and inspection shall be as provided at City offices, and may be amended from time to time. It is the applicant's responsibility to obtain and comply with the City's current fee schedule and submission requirements. b. Such fees and charges shall be imposed and collected on all applications for approval of a concept plan or any type of plat,regardless of the action taken by the City Planning and Zoning Commission and City Council thereon. Such fees shall be collected for the purpose of defraying the costs of administrative, clerical, engineering, planning and inspection services necessary to properly review and investigate plats and subdivision construction. c. Should a development proposal or plat application lapse or expire,or should it be denied by the Commission or the Council, then that application ceases "pending" status and the project, and its corresponding series of development approvals and permits, shall be deemed to be ended, or "completed". Any re-application for any type of development approval for that property shall be considered commencement of a new project,and shall be accompanied by new application materials, including new submission fees, and shall conform to all applicable City ordinances in effect at the time of submission of the new application. d. All required fees, unless specifically stated otherwise herein, shall be paid as required in other sections of this Ordinance. Inspection fees may be paid at the time the actual inspection is made of the project. City of Wylie, Texas 91 Subdivision Ordinance(Draft) x (This page was intentionally left blank) City of Wylie, Texas Subdivision Ordinance(Draft) VIII. EFFECTIVE DATE; ADOPTION Section 8.1: Effective Date 8.1 This Ordinance shall be effective as of the date of its adoption. Section 8.2: Adoption of Ordinance 8.2 Passed and adopted by the City Council of the City of Wylie, Texas, this day of , 2003. Mayor City of Wylie, Texas ATTEST: City Secretary City of Wylie, Texas [City Seal] APPROVED AS TO FORM: City Attorney City of Wylie, Texas City of Wylie, Texas 92 Subdivision Ordinance(Draft) J (This page was intentionally left blank) City of Wylie, Texas Subdivision Ordinance(Draft) APPENDICES City of Wylie, Texas Subdivision Ordinance(Draft) A-1 I b (This page was intentionally left blank) City of Wylie, Texas Subdivision Ordinance(Draft)