HomeMy WebLinkAboutOrd 154-2004 Amend ORd 2000-01-Perimeter Streets.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 156-2004
AN ORDINANCE AMENDING SUBDIVISION ORDINANCE NO. 2000-01
(SUBDIVISION ORDINANCE) BY REQUIRING THE CONSTRUCTION OR
IMPROVEMENT OF PERIMETER AND APPROACH STREETS
NECESSITATED BY AND ATTRIBUTABLE TO SUBDIVISIONS WITHIN THE
CITY'S CORPORATE LIMITS AND ITS EXTRATERRITORIAL JURISDICTION;
REPEALING ANY PROVISIONS IN CONFLICT WITH THIS ORDINANCE;
PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS
SVIOLATION EVERANCE PROVISIONAND SETTING AN EFFECTIVE DATE PROVIDING A
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS:
"Section 8" of ordinance 2000-01 Amended
Section 8 of Ordinance 2000-01 is hereby amended by adding the following paragraphs,
immediately following existing Paragraph 8.2.24:
8.2.25. Perimeter and Approach Streets
It is the policy of the City of Anna (City) that the developer or subdivider of a subdivision
within the City or its extraterritorial jurisdiction shall be responsible for the dedication of
right-of-way and the construction or improvement of appropriate portions of perimeter
and approach streets which are necessitated by and attributable to that subdivision. The
policy is based on the view that the developer of a subdivision should provide access
and transportation facilities necessary to serve the new subdivision and that the
perimeter and approach streets will provide access to and from the subdivision, thus
increasing the marketability, utility, and ultimately the value of the property within the
subdivision. The developer may be reimbursed for part of the cost of providing this
access in accordance with this Section 8.2.25., et seq.
The purpose of this Section 8.2.25., et seq. is to establish responsibilities for the
dedication of rights-of-way and the construction of street
undeimprovements n streets
directly abutting and/or providing access to property undergoing process
of
subdivision under laws and regulations of the City. This Section 8.2.25., et seq. is
designed to be used in conjunction with the Community Development Plan and
Thoroughfare Plan and the Subdivision Ordinance to ensure an orderly development
plan for the growth of the community and to ensure compatibility of street systems and
the development of public works infrastructure necessary to support new growth and
development.
E
words not
in this Section 8.2.25., et seq.
perimeter
Definitions. approach
ch streets have the meanings ascribed to them generally en this
perimeter and app
Subdivision Ordinance. In this Section 8.2.25., et seq.:
"Approach street" means a street other than a perimeter street that provides access to
and from an improved street/thoroughfare.
"Arterial street" means either a major collector street or a minor collector street, as
defined herein.
"City standards" means the street requirements for street size and right-of-way
contained in the City's Subdivision Ordinance and the City's public works construction
standards for streets and infrastructure.
"Collector street' means either a major collector street or a minor collector street, as
defined herein.
"County plat records" means the plat records of Collin County.
"Developer' means the owner of land proposed to be developed as a residential or
nonresidential subdivision, or the owner's representative.
"Development" means any activity that requires the submission of a subdivision plat or
the securing of a building permit.
ity
or the
pose set out in
"Escrow" means money placed in
possession
not�im ted toCthefpurchaserof right
of -way,
this Section 8.2.25., et seq.,including,
design and construction of drainage, sanitary sewer, water facilities, curb, gutter, and
pavement.
"Frontage" means that side of a lot, parcel, or tract abutting a street right-of-way.
"Local street" means a street that distributes traffic to and from residences. It is typically
short in length and may be noncontinuous to discourage through traffic.
"Major collector street' means a major heavy traffic carrier that receives traffic from
collectors and distributes it to major activity centers. it may also feed through traffic to
freeways. Uses served include but are not limited to major educational facilities,
concentrations of high density commercial, regional commercial facilities, other
concentrated commercial facilities, and industrial complexes.
"Minor collector street" means a perimeter street that carries traffic from residential
streets to Major Collector Streets. It typically serves uses such as medium and high
density residential, limited commercial facilities, elementary schools, offices and direct
access to industrial parks.
"Perimeter street" means a street which is adjacent and contiguous to a subdivision or
development or one whose width lies partly inside and partly outside a subdivision or
development.
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"Residential collector" street means a perimeter street that carries traffic from local
streets to other collector streets. It typically serves low and medium residential, limited
commercial facilities, elementary schools, some small offices and direct access within
industrialparks.
Rightway" means strip of land, other than a drainage or utility easement, occupied
street, crosswalk, railroad road, road, electric
or intended to be occupied by a
ater main, sanitary or storm sewer main, or for
transmission line, oil or gas pipeline, w
another public use.
"Subdivider" means a person who:
interest in land, causes it, directly or indirectly, to be divided into a
(1) Having an
subdivision;
(2) Directly or indirectly, sells, leases, or develops, or offers to sell, lease or develop, or
advertises for sale, lease or development, any interest, lot, parcel, site, unit, or plot in a
subdivision; or
(3) Engages directly or through an agent in the business of selling, leasing, developing,
or offering for sale, lease, or development, a subdivision or an interest, lot, parcel, site,
unit, or plot in a subdivision.
8.2.25.2 Requirement for dedication and construction of perimeter streets.
(a) Dedication requirement.
(1) A subdivider shall dedicate a portion of the right-of-way for perimeter streets
sufficient for the type of street that is reflected in the City's Land Use and
Thoroughfare Plan and/or subdivision regulations at that location. The minimum width
Of the dedication shall be based on the following street standards as provided in the
thoroughfare section of the Community Development Plan: `
Local 31' of pavement, 50' right-of-way
Residential Collector 36 of pavement, 60' right-of-way
Minor Collector ` 44' to 48'of pavement, 80' right-of-way
Major Collector 72' of pavement,* 120' right-of-way
*Exclusive of center or right hand turn facilities
(r 2) The subdivider shall dedicate those portions of the right-of-way lying between the
center line of the perimeter street and the nearest property line of the subdivided
property. If a subdivision borders only one side of a perimeter street, the subdivider is
responsible for dedicating right-of-way needed for the one-half of the street right-of-
way that is contiguous to the subdivider's property. If a subdivider owns a tract of land
that is bordered by a perimeter street on more than one side, the subdivider is
responsible for dedicating appropriate right-of-way for the entire width of the perimeter
street.
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(b) Limitation on dedication and construction. The requirements of this Section 8.2.25.1
et seq. for dedication and construction of perimeter streets are based upon the
reasonable minimum standards that are designed to compensate for the effects of
development upon City streets. No construction or payment of fees shall be required
under this Section 8.2.25., et seq. in excess of those requirements directly attributable
to or directly benefiting the particular development. A subdivider is not required to
dedicate right-of-way along any one perimeter street greater than one-half of a 120 -foot
right-of-way (60 feet). It is presumed that any right-of-way requirements greater than
0feet in services not attributable solely to the surrounding development.
transportation h are designed to accommodate arterial -type thoroughfares that provide
(c) Additional right-of-way. When a subdivider is required to dedicate right-of-way for a
perimeter street or to construct perimeter street improvements the City may require the
subdivider to dedicate right-of-way for ancillary drainage improvements and to construct
necessary supporting drainage improvements.
(d) Required paving/construction. Minimum width of a two-lane thoroughfare section
shall be 25 feet back of pavement to back of pavement. Required pavement and right-
of-way widths for various types of thoroughfares and streets are attached as Appendix
A to this Ordinance, which shall also be attached as Appendix A to the Subdivision
Ordinance. Construction of perimeter and approach streets shall conform to City
standards.
8.2.25.3. Specific perimeter street requirements.
(a) Local streets. When development occurs adjacent to a perimeter street that is not
designated as an arterial or collector street on the comprehensive land use plan, the
developer shall comply with the following requirements:
(1) Existing street. If the local street adjacent to the subdivision is already built to City
standards, the developer shall, at the option of the City, prior to acceptance of the
subdivision by the City:
a. Dedicate any additional right-of-way needed for other public improvements
directly adjacent to the developer's side of the existing street and right-of-way; or
b. Install, reinstall, or upgrade any curb, gutter, drainage, sidewalks, signage,
lighting, or other improvements as determined by the City engineer to be required by
City standards.
(2) Perimeter street fee for existing street. If the perimeter street was constructed by a
prior developer under the provisions of this Section 8.2.25., et seq., then the current
developer shall be charged a one-time perimeter street fee. The fee shall be
established as one-half the cost per linear foot of constructing the perimeter street and
related improvements multiplied by the number of linear feet of the perimeter street
adjacent to the new development. The developer who constructed the street shall
submit copies of contracts to the City to establish the cost of the project that is subject
to rebate. The current developer shall pay this fee to the City before acceptance of the
subdivision by the City.
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(3) No existing street; developer responsibility for construction; pro rata rebate. If the
local perimeter street adjoining the development has not been constructed the
developer must construct a complete 31 -foot street with curb, gutter, drainage
facilities, sidewalks, and signage in conformance with City standards. The initial
developer is required to construct a complete street because it is impractical and
unsafe to build only one-half of a two-lane street. The developer is responsible for all
construction, engineering, testing, and inspection costs. A developer required to
construct the full street surface under this provision will be eligible to receive a rebate
of one-half of the cost of the street, curb, gutter, drainage facilities, sidewalks, signage
and
construction cequiedwhen
bydevelopment
sect on shall occurs
be completedopposite
priorside
street.
acceptance ceof the
subdivision by the City.
(b) Collector streets. When development occurs adjacent to a perimeter street, which is
desare
the gnated as a Community major
Community DveloplmentrPlan, or l the nor cdeveloper ollector eshall comply et on the rwith fsection
the following
requirements:
(1) Existing street. If the minor or major collector street adjacent to the subdivision is
already built to City standards, the developer shall:
a. Dedicate any additional right-of-way needed for other public improvements
directly adjacent to the developer's side of the existing street surface and right-of-
way; and
b. Install, reinstall, or upgrade any curb, gutter, drainage, sidewalks, signage,
lighting, or other improvements as determined by the City engineer to be required by
the City standards.
(2) Perimeter street fee for existing street. If the perimeter street was constructed by a
prior developer under the provisions of this Section 8.2.25., et seq., then the current
developer shall be charged a one-time perimeter street fee. The fee shall be
established as one-half the cost per linear foot of constructing the perimeter street and
related improvements multiplied by the number of linear feet of the perimeter street
adjacent to the new development. The current developer shall pay this fee to the City
prior to acceptance of the subdivision by the City.
(3) No existing street; developer responsibility for construction. If the perimeter street
adjoining the development is proposed to be a major or minor collector street, and the
street has not been constructed or is in such condition that complete reconstruction is,
in the opinion of the City Council, necessary, the developers along each side of the
street must construct two complete lanes with curb, gutter, signage, drainage and
sidewalk facilities in conformance with City standards. The developer is responsible
for all construction, engineering, testing, and inspection costs. Construction of the
street or portion of the street, as required by the City, must be completed prior to
acceptance by the City of the subdivision adjacent to the perimeter street.
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(c) Time period for rebates. If the City collects a rebate as provided for in subsections
(a)(2) or (b)(2), above, within ten years of the acceptance of the street by the City, it
shall pay the collected amount to the developer who originally constructed the street as
soon as practicable after receipt of the funds. At the expiration of the tenth year, a
developer is no longer entitled to receive a rebate.
8.2.25.4. Requirement for dedication and construction of approach streets.
(a) Nonavailability of approach street access. If sufficient vehicular access approaching
the subdivision is not available to serve the proposed subdivision as determined by the
City Council, the developer must select among the following alternatives:
(1) Discontinue development until an approach street has been installed providing
access to and from an improved street/thoroughfare;
(2) Petition the City Council to expedite the construction of an approach street serving
the proposed subdivision under its regular capital improvement program; or
(3) Construct the approach street in order to provide required access to the proposed
subdivision. The developer will be responsible for all costs associated with the
installation of necessary approach streets, including, but not limited to engineering,
surveying, testing, easement preparation easement and right-of-way acquisition, and
inspection.
(b) Credit; pro rata rebate. A developer who installs an approach street pursuant to the
provisions of this section is entitled to a credit for all costs associated with the
installation of the approach street against any street impact fees that may be lawfully
assessed against the developer for that portion of the approach street constructed. In
addition, the developer is entitled to a pro rata rebate from any impact fees or perimeter
street fees which may be lawfully assessed and collected by the City for the portion of
the approach street constructed by the initial developer. An initial developer is entitled to
a pro rata rebate for a period of ten years following completion of the approach street.
At the expiration of the tenth year the developer is no longer entitled to receive the
rebate.
(c) Oversizing. When required for the proper and orderly growth of the City, the City
Council may require a developer to install an approach street larger than necessary to
support the specific development. If the developer is required to install an approach
street larger than necessary to serve the specific development, the developer will be
reimbursed by the City for the difference in cost between the cost of installing the
oversized street and the cost of installing a street meeting minimum City standards
required for the type of street required to serve the development. The City will have ten
years from the date of completion of the street to reimburse the developer for the
difference in cost for the oversizing required.
(1) Credit for development fees. The developer will receive a full credit for any impact
fees that may be lawfully assessed against the developer for that portion of the
approach street constructed. In addition, the City may compensate the developer for
Lj
the difference in cost mandated by oversizing by crediting up to 50 percent of
development fees charged against any portion or phase of the development.
(2) Transfer of credit. Upon written request from the developer, credit for development
fees may be transferred from the current development project to subsequent
development projects, subdivisions or phases undertaken by the developer. Such
transfers must be approved by the City Council.
(3) Time limit for payment. Any balance remaining due and owing from the City to the
developer for oversizing at the end of ten years will be paid in full at that time by the
City.
8.2.25.5. Escrow funds.
(a) Established. The City shall establish an escrow fund for the deposit of all street pro
rata fees. A separate escrow fund shall be established for each street constructed by
the developer. All monies received from subsequent developments or subdivisions for
pro rata rebate shall be deposited into the specific escrow fund established. Funds in a
specific escrow account shall be used only for the project for which the particular
escrow fund was established. The City shall have sole authority to determine the timing
and priority of the construction of all streets with escrowed funds.
(b) Payments. Twice each year on January 30th and July 31st, the City Administrator
shall inventory the escrow account for each street to determine what percentage of
those monies is allocable to reimburse oversizing cost owned by the City as determined
under section 8.2.25.3. This allocation shall be determined in the same proportion that
the costs of the oversized street bears to the cost of the street required to serve the
development. Upon completion of the inventory, the City Administrator shall transmit all
escrow funds due and owing to the appropriate developers. Upon payment of these
funds, the City will receive credit for the amount of the money allocable toward its
reimbursable oversizing requirements as set forth section 8.2.25.3.
(c) Maximum payment. A developer is not entitled to receive reimbursement for a sum
greater than the initial cost of the street, less the pro rata share of the street that would
have been attributable to the initial developer under this Section 8.2.25., et seq.
(d) When City may take possession of funds. In the event that the City collects an
escrow or pro rata fee under the terms of this Section 8.2.25., et seq. and the original
developer no longer exists or cannot reasonably be located, the City may, after a period
of six months, take possession of the funds and use them to make street improvements
in the City.
8.2.25.6. Deadlines; adjustments.
(a) Time for payment or construction. All construction or escrow and payment of funds
by a developer as required in this Section 8.2.25., et seq. shall be due and payable prior
to acceptance of the subdivision by the City. Fees or construction requirements shall be
paid for all property that is final platted at time of construction of the subdivision.
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(b) Adjustment. The City Council may, in appropriate cases and based upon specific
facts presented, authorize an adjustment, offset or waiver of any construction or fee
payment requirements under Section 8 where it is determined that such requirements
place an unreasonable burden on the development, do not bear a rough proportionality
to the requirements necessary to serve the development or offset the impact of the
development or when all or a portion of the street will be brought up to City standards by
the Texas Department of Transportation.
(c) Who may request adjustment. Requests for an adjustment in connection with any
perimeter or approach street may be made by a developer or subdivider or an
authorized agent of a developer or subdivider.
(d) Procedure for requesting adjustment. The exclusive method for requesting an
adjustment is the submittal of the request as part of the preliminary platting
requirements set forth generally in the Subdivision Ordinance. Any such request is
deemed invalid and waived if it is not submitted at the time that a preliminary plat is
submitted in accordance with the Subdivision Ordinance or if such preliminary plat fails
to: (1) conspicuously state in large, bold text the words "Perimeter/Approach Street
Adjustment Requested'; (2) provide precise drawings of the street(s) as if built without
any adjustment and in strict accordance with Section 8 (including but not limited to
street location, width and width of right-of-way, and all other design standards); (3)
provide precise drawings of the street(s) as if built as proposed to be adjusted (including
but not limited to street location, width and width of right-of-way, and all other design
standards); or (4) provide a detailed description of all studies, data, documentation and
other available information justifying the requested adjustment, including but not limited
to information demonstrating that the strict application of Section 8: (A) places an
unreasonable burden on the development; (B) does not bear a rough proportionality to
the requirements necessary to serve the development or offset the impact of the
development; or (C) is not necessary due to street upgrades to be performed by or at
the expense of the Texas Department of Transportation.
(e) Procedure for approval/denial of adjustment. In conjunction with its duties under the
Subdivision Ordinance, the Planning and Zoning Commission shall recommend to the
City Council approval, denial or modification of any requested adjustment. Only the City
Council may grant final approval of a requested adjustment. When the City Council
receives a recommendation from the Planning and Zoning Commission concerning a
requested adjustment, the City Council shall schedule a public hearing on the matter
and shall endeavor to consider information and hear testimony from the City's engineer,
traffic consultant or any other interested party. The public hearing shall be scheduled
so as to allow for a decision by the City Council on the preliminary plat as a whole in
accordance with the Subdivision Ordinance plat -approval process. At the close of the
public hearing, the City Council may vote to: (1) approve the adjustment; (2) approve
the adjustment with conditions; (3) not approve the adjustment, but return the plat to the
Planning and Zoning Commission for further consideration; (4) not approve the
adjustment; or (5) table the decision until the City Council makes a decision on the
approval of the preliminary plat as a whole. The City Council may approve the
adjustment if the City Council decides that the strict application of this Section 8.2.25.,
M
et seq. as applied to the particular development at issue: (1) places an unreasonable
burden on the development; (2) does not bear a rough proportionality to the
requirements necessary to serve the development or offset the impact of the
development; or (3) is not necessary due to street upgrades to be performed by or at
the expense of the Texas Department of Transportation.
8.2.25.7. Penalty. A person commits an offense if the person violates this Ordinance,
including without limitation the development of any property within the City's corporate
limits in material noncompliance with this Section 8.2.25. et seq.. An offense of this
Section 8.2.25., et seq. is a Class C misdemeanor. Any person convicted of violating
this Ordinance shall be fined in an amount not to exceed two thousand dollars ($2,000)
for each incident of violation. Each day of the continuance of such violation shall be
considered a separate offense and shall be punished separately.
8.2.25.8. Repealer, Severance and Effective Date. All parts of any ordinance in conflict
with the provisions of this Section 8.2.25., et seq., are to the extent of such conflict,
repealed. If any part of this Section 8.2.25., et seq., is for any reason found by a court
of competent jurisdiction to be invalid, illegal or unenforceable, all other parts
nevertheless remain valid, legal and enforceable. This Section 8.2.25., et seq. shall be
effective upon the posting and/or publication of the caption of this Ordinance as required
by law and the City Secretary is hereby directed to implement such posting and/or
publication.
PASSED by the City Council of the City of Anna, Texas, by the following vote on this the
12th day of October, 2004.
:2
AYES
NAYS Q_
ABSTENTIONS
7
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