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Home My WebLink About2011-3308 - Ordinance - 01/13/2011ORDINANCENO. 7011-33n8 AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," SECTION 2.1.13, "POWERS AND DUTIES," SECTION 2.2.13.3, "FINAL ACTION," SECTION 2.7.13.4, "FINAL ACTION," SECTION 2.9.C, "POWERS AND DUTIES," SECTION 2.10, "SUMMARY OF REVIEW AUTHORITY," SECTION 3.1, "GENERAL APPROVAL PROCEDURES," SECTION 3.3, "PLAT REVIEW," SECTION 7.1.13, "MINIMUM REQUIREMENTS," SECTION 8.1, "PURPOSE," SECTION 8.2, "GENERAL REQUIREMENTS AND MINIMUM STANDARDS OF DESIGN," SECTION 8.3, "WAIVER OF SUBDIVISION STANDARDS," SECTION 8.4, "CERTIFICATIONS," SECTION 8.6, "CONSTRUCTION, GUARANTEE OF PERFORMANCE, AND ACCEPTANCE OF PUBLIC INFRASTRUCTURE," AND SECTION 11.2, "DEFINED TERMS," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, "Unified Development Ordinance," Section 2.1.13, "Powers and Duties," Section 2.2.D.3, "Final Action," Section 2.7.13.4, "Final Action," Section 2.9.C, "Powers and Duties," Section 2. 10, "Summary of Review Authority," Section 3. 1, "General Approval Procedures," Section 3.3, "Plat Review," Section 7.1.13, "Minimum Requirements," Section 8.1, "Purpose," Section 8.2, "General Requirements and Minimum Standards of Design," Section 8.3, "Waiver of Subdivision Standards," and Section 8.4, "Certifications," Section 8.6, "Construction, Guarantee of Performance, and Acceptance of Public Infrastructure," and Section 11.2, "Defined Terms," of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibits "A" through "L," attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 13`h day of January, 2011. ATTEST: AIA/AJtii / Y (A M City Secretary APPROVED: APPR City Attorney c MAYOR ORDINANCE NO-2011 - 3308 Page 2 EXMIT "A" That Chapter 12, "Unified Development Ordinance," Section 2.1.13, "Powers and Duties," of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: B. Powers and Duties As provided and established within the City of College Station Charter, the City Council has the following powers and duties regarding this UDO: 1. Appointments The City Council shall have the responsibility of appointing and removing any member of the Planning and Zoning Commission (P&Z), Zoning Board of Adjustment (ZBA), Landmark Commission (LC), Design Review Board (DRB), and Bicycle, Pedestrian, and Greenways Advisory Board. 2. Final Action The City Council shall hear and take final action on the following: a. Development agreements and oversize participation agreements for City participation in cost-sharing of infrastructure improvements; b. Conditional use permits; C. Zoning map amendments (rezoning); d. Concept plans for Planned Development Districts (PDD) and Planned Mixed- Use Districts (P-MUD); e. Text amendments; f. Comprehensive Plan amendments; g. Impact fee land use decisions and Capital Improvement Plan (CIP) priorities; h. Annexations; i. Appeal of the P&Z's decision regarding a development exaction appeal; j. Appeal of the DRB's denial of a Gateway Grant; k. Appeal of the LC's denial of a Certificate of Appropriateness; and 1. Appeal of the LC's decision of a Certificate of Demolition. ORDINANCE NO. 02011- 33 0 9 Page 3 EXHIBIT "B" That Chapter 12, "Unified Development Ordinance," Section 2.2.D.3, "Final Action," of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: 3. Final Action The Planning and Zoning commission shall hear and take final action on the following: a. Applicable appeals of decisions of the Design Review Board; b. Preliminary plans, final plats, replats, development plats, and minor plats not approved by staff as set forth in the Plat Review Section in Article 3 of this UDO; C. Waivers of the standards in Article 8, Subdivision Design and Improvements; d. Development exaction appeal; e. Appeal of the Administrator's denial of a final minor or amending plat; f. Appeal of the Administrator's determination regarding applicability of plat requirements; g. Appeal of the Administrator's denial to amend the color palette for Northgate roof colors; h. Appeal of the Administrator's denial of an alternative parking plan; and i. Appeal of the Administrator's interpretation of the provisions of Article 8, Subdivision Design and Improvements. ORDINANCE NO. 2// - 33D.? Page 4 EXHIBIT "C" That Chapter 12, "Unified Development Ordinance," Section 2.7.13.4, "Final Action," of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: 4. Final Action The Administrator shall review and take final action on the following: a. Sign permits; b. Site plans (not Wolf Pen Creek District site plans); C. Administrative adjustments; d. Minor and amending plats; e. Determination of building plot (Section 7.1, General Provisions); f. Minor Wolf Pen Creek District projects; g. Amendments to the color palette for Northgate roof colors; h. Certificate of Appropriateness Routine Maintenance Work reviews; L Determination regarding applicability of plat requirements; and j. Alternative parking plans (Section 7.2, Off-Street Parking). ORDINANCE NO. ?P11-330.0 Page 5 EX1111131T I'D" That Chapter 12, "Unified Development Ordinance," Section 2.9.C, "Powers and Duties," of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: C. Powers and Duties The Development Engineer has the following powers and duties in regard to engineering requirements and flood hazard protection: 1. Review and approve, approve with conditions, or deny driveway applications; 2. Maintain and hold open for public inspection all records pertaining to the provisions of the flood hazard protection regulations; 3. Review and approve, approve with conditions, or deny all applications for development permits; 4. Assure that adequate inspection of construction permitted under the terms and provisions of this UDO are carried out in accordance with the permitted plan; 5. Maintain, update, and provide to interested parties at a reasonable cost the Bryan/ College Station Unified Design Guidelines, Technical Specifications and Standard Details; 6. Assure that adequate maintenance of drainage pathways, including altered or relocated waterways, is provided such that capacity for carrying stormwater flows is maintained; 7. Provide interpretation, where required, of boundaries of Areas of Special Flood Hazard, location of floodway, and water surface elevations, when disputes arise during review; 8. Provide information to the Zoning Board of Adjustment, Municipal Court, or City Council, as applicable on all variance requests, administrative appeals, enforcement actions, and proposed amendments to the Bryan/College Station Unified Design Guidelines, Technical Specifications and Standard Details as required; 9. Review and utilize any acceptable new flood study data in accordance with the Bryan/ College Station Unified Design Guidelines, Technical Specifications and Standard Details; 30. Notify adjacent communities and the Texas Commission on Environmental Quality (TCEQ), prior to any alteration or relocation of a watercourse, and submit evidence of notification to the Federal Insurance Administration; 11. Review and make recommendations to the City Council concerning Development Agreements; 12. Interpret the terms and provisions of Section 7.8, Drainage and Stormwater Management, as required, as they apply to each project, in accordance with the stated purpose of that Section; 13. Review permits for proposed development to ensure that all necessary permits have been obtained from those Federal, State, or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required; 14. Review and approve or deny alternative materials or standards for site construction; and 15. Review, evaluate and provide recommendations regarding development exaction appeals. ORDINANCE NO. JD// - 330P Page 6 EXHIBIT "°E" That Chapter 12, "Unified Development Ordinance," Section 2. 10, "Summary of Review Authority," of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: 2.10 Summary of Review Authority The following table summarizes the authority of the various review bodies and staff. CITY COUNCIL (CC) Oversize Participation D Development Agreement D Conditional Use permit D Zoning Map Amendment D Zoning Map Amendment (HP) D PDD / P-MUD Concept Plan D Text Amendment D Comp. Plan Amendment D Impact Fee / CIP Priorities D Annexations D PLANNING & ZONING COMMISSION (P&Z) Preliminary Plan Final Plat Development Plat Waiver of Subdivision Standard Development Exaction Appeal A ZONING BOARD OF ADJUSTMENT (ZBA) Variance Administrative Appeal Zoning Map Interpretation R R R R R R R R R RR I RR I I R RR RR RR RR R RR R RR R RR RR D RR R D RR R D RR R D RR R D RR D RR R RR D RR D RR ORDINANCE NO. ago// - 33o8 2.10 Summary of Review Authority (cont.) The following table summarizes the authority of the various review bodies and staff. DESIGN REVIEW BOARD (DRB) WPC District Site Plan A D WPC District Buildinq/Sign Review A D WPC Parkinq Waivers A D NG Waivers D Non-Residential Arch. Stand. Waiver D Gateway Grants A D LANDMARK COMMISSION (LC) Certificates of Appropriateness A Certificates of Demolition A ADMINISTRATOR Interpretation A** A Siqn Permit A Site Plan A A* Administrative Adiustment A WPC District Buildinq or Siqn, Minor A Minor or Amendinq Plat A PD Concept Plan Minor Amend. A Certificate of Appropriateness, Routine NG Roof Color Palette Amendment A Alternative Parkinq Plans A Determination of Plat Applicability A D D A BUILDING OFFICIAL (BO) Buildinq Permit Certificate of Occupancy Certificate of Completion DEVELOPMENT ENGINEER (DE) Development Permit Driveway Application Alternative Const. Material A A Page 7 IRR I IRI RR RR RR RR RR I ~ I I RR RR I D I I I~ D D IRI D D D IRI D I D I D I D I D R D R D R R D R DI DI DI *Section 3.5.E. Site Plan Review Criteria and 3.6.E. Wolf Pen Creek Design District General Site Plan Review Criteria only. **Subdivision Regs. only. KEY: A=Appeal R=Recommend D=Final Action/Decision RR=Review/Report ORDINANCE NO.JO// - 330,0 Page 8 EXHIBIT "F" That Chapter 12, "Unified Development Ordinance," Section 3. 1, "General Approval Procedures," of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: 3.1 General Approval Procedures A. Conformity with Unified Development Ordinance (UDO) and the Comprehensive Plan The provisions of this UDO and the Comprehensive Plan shall apply to and be binding on any and all persons seeking to develop, redevelop, or otherwise change existing land uses within the corporate limits of the City of College Station and, where applicable, its extraterritorial jurisdiction (ETI). Compliance with the UDO and the Comprehensive Plan includes the dedication and construction of identified infrastructure, right-of-way, and improvement of specified facilities including but not limited to pedestrian facilities, bicycle facilities, thoroughfares, etc. B. Preapplication Conference Prior to the submission of any application required by this UDO, applicants are encouraged to schedule and attend an optional preapplication conference with the City Staff. Preapplication conferences with City Staff may be used to discuss, in general, procedures, standards, or regulations relating to a proposed development. If a preapplication conference is requested, the Administrator may require the applicant to submit information prior to the preapplication conference to allow City Staff time to review the proposal. Any proposed development submitted or discussed as a part of a preapplication conference shall not be considered a plan, plat, or permit application but will be considered an informal request for information prior to the actual plat, plan, or permit application. C. Application Forms and Fees The following regulations shall apply to all applications: 1. Forms Applications required under this UDO shall be submitted using correct, completed forms, where applicable, along with any requested information and attachments, and in such numbers as required by the City, including any checklists for submittals. The Administrator shall have the authority to request any other pertinent information required to ensure compliance with this UDO. 2. Electronic Submission Required All plats and site plans shall be prepared and submitted upon request in an electronic form acceptable to the Administrator and compatible with the City's Geographic Information System (GIS). 3. Fees Filing fees shall be established from time-to-time by resolution of the City Council for the purpose of defraying the actual cost of processing the application. a. All required fees shall be made payable to "The City of College Station." ORDINANCE NO. 2P11 - ,3301' Page 9 b. An applicant who has paid the appropriate fee pursuant to submission of an application, but who chooses to withdraw such application prior to any notification, review, or action taken, shall be entitled to a refund of fifty percent (50%) of the total amount paid upon written request to the City except that the filing fee required for text or map amendments shall not be refundable. C. The Administrator may waive or reduce development-related fees on a case-by- case basis pursuant to applicable law or when the City is the applicant. D. Application Deadline All applications shall be completed and submitted to the Administrator in accordance with a submittal deadline schedule established by the City. All applications not delivered to the City by a date and time according to the submittal deadline schedule shall be considered timely received for the next official submittal deadline. An application shall not be considered officially submitted until application completeness has been determined in accordance with this UDO. E. Application Completeness An application shall be considered submitted only after the Administrator has determined it is complete as set forth herein. This includes determining whether it is accompanied with any required forms, mandatory information (including all exhibits), and the applicable fee. A determination of completeness does not constitute a determination of compliance with the substantive requirements of this UDO nor precludes that additional information and/or documents may still be required as identified during the formal review of the application. If an application is determined to be incomplete, no further processing of the application shall occur until the deficiencies are corrected. An application of any kind under this Article expires and application fee forfeited on or after the forty-fifth (451h) day after the application is deemed incomplete if: 1. The applicant fails to provide documents or other information necessary to comply with the technical requirements of this UDO as to form and content of the submittal; 2. The City notifies the applicant, in writing, of the failure to provide specific documents or other information within ten (10) business days from the filing date, noting the date the application will expire if same is not provided; and 3. The applicant fails to provide the specified documents or other information within the time provided in the notice. No vested rights accrue solely from the filing of an application that has expired pursuant to this Section, or from the filing of a complete application that is subsequently denied. F. Standards of Review Applications shall be reviewed based on the ordinances which are in effect at the time the permit application is submitted with the City. It is the responsibility of the applicant to inform the Administrator if vesting is claimed on a specific project application and to which ordinance the claim is vested in accordance with Chapter 245 of the TEXAS LOCAL GOVERNMENT CODE. This information shall be conveyed to the Administrator as part of the permit application. The Administrator may attempt to inform the applicant if a project is able to vest to a previously adopted ordinance. Notwithstanding anything in this UDO to the contrary, vesting is limited to that which is provided in Chapter 245 of the TEXAS LOCAL GOVERNMENT CODE or other applicable law. ORDINANCE NO._// -330J7 Page 10 G. Required Public Notice 1. Summary of Notice Required Notice shall be required for development review as shown in the following table. Comprehensive Plan Amendment X I X Zoning Map Amend. (Rezoning) X X X UDO Text Amendment X X Conditional Use Permit X X X Subdivision - Renlats* X* X* X Design District - Site Plan/Bldg. X I Certificate of Appropriateness X Certificate of Demolition (No X X X economically viable use) Variances - ZBA X X X Appeals - Site Plan & Drivewav X Waiver - Subdivision Design X Waiver - Buffer Requirements X Administrative Appeals X X Development Exaction Appeal X * Only when required per the TEXAS LOCAL GOVERNMENT CODE. 2. Specific Notice Requirements a. Published Notice A Public Hearing Notice shall be placed by the Administrator at least once in the official newspaper of the City before the fifteenth (15th) day before the date of the hearing for the purpose of notifying the public of the time and place of such public hearing and the substance of the public hearing agenda items that may be considered or reviewed. b. Mailed Notice A notice of public hearing shall be sent to owners of record of real property, as indicated by the most recently approved municipal tax roll, within two-hundred feet (200') of the parcel under consideration. The notice may be served by its deposit, properly addressed with postage paid, in U.S. mail before the fifteenth (15th) day before the date of the hearing. C. Content of Notice A published or mailed notice shall provide at least the following specific information: 1) The general location of land that is the subject of the application; 2) The substance of the application, including the magnitude of proposed development and the current zoning district; 3) The time, date, and location of the public hearing; and 4) A phone number to contact the City. 3. Public Hearing Signs In addition to meeting the minimum statutory notice requirements, for the purpose of notifying the public the Administrator may require the installation of a sign on the property advertising the public hearing. The specifications including size, location, and content of public hearing signs shall be established by the Administrator. ORDINANCE NO. Z// - 3308 Page 11 4. Required Hearings and Reviewing Body The following table illustrates the types of review requiring a public hearing and the review body responsible for conducting the hearing. Certificate of Demolition (No X economically viable use) UDO Text Amendment X X Conditional Use Permit X X Subdivision* X Variances - ZBA X Administrative Appeals X Development Exaction Appeal X X** * Only when required per the TEXAS LOCAL GOVERNMENT CODE. Request is considered by Council only if Planning and Zoning Commission's decision is appealed. H. Simultaneous Processing of Applications Two or more forms of review and approval are typically required in the development process. Development proposals that require applications for Zoning Map Amendments (Rezoning) are required to be acted upon by the City Council before plat and other development applications will be accepted for review by the City. In addition, Preliminary Plans are to be acted upon by the Planning & Zoning Commission before a subsequent Final Plat will be accepted for review by the City. At the discretion of the Administrator, plat and other applications for development approvals may be processed simultaneously, so long as the approval procedures for each individual application can be completed pursuant to the requirements of this UDO. Such processing shall occur at the applicant's own risk. I. Expiration of Applications, Permits, and Projects 1. Expiration of Inactive Applications An application that has been determined to be administratively complete and written staff review comments provided to the applicant shall be deemed expired and closed in ninety (90) calendar days from the date the most recent written review comments were provided by the City to the applicant, if the applicant has not taken action by providing written response comments and revised documents to the Administrator that seek to address the review comments. 2. Expiration of Approved Permits a. Unless otherwise specified by this UDO, any individual permit, authorization or approval required in this UDO expires twenty-four (24) months from the date of approval, or as may be further extended pursuant to the terms of this UDO, if no progress has been made towards completion of the project. For purposes of this Section, progress towards completion of the project is as defined by Chapter 245 of the TEXAS LOCAL GOVERNMENT CODE. Zoning Map Amendment X X (Rezoning) Zoning Map Amendment (Rezoning - Historic Preservatio X X X Overlay District) ORDINANCE NO. JD// -MAP Page 12 b. If no expiration date was in effect at the time the approval of the permit occurred, an expiration date of twenty-four (24) months from the approval shall apply. 3. Expiration of Projects a. For projects requiring more than one permit, authorization or approval, there shall be a project expiration date of five (5) years from the date the first complete application is filed for the project or from the date vesting occurs pursuant to Chapter 245 TEXAS LOCAL GOVERNMENT CODE if no progress is made towards completion of the project or if the expiration date is not otherwise further extended pursuant to the terms of this UDO. For purposes of this Section, progress towards completion of the project is as defined by Chapter 245 of the TEXAS LOCAL GOVERNMENT CODE. Any application for a new permit, authorization for approval or application to replace an existing approved permit shall be deemed to commence a new development project, as of the date it is filed, if the new application is not compatible with the permits preceding it in regards to the type of proposed use(s), nature of the development, or significant changes to density or infrastructure demands. J. Appeals from Development Exaction Requirements 1. Purpose The purpose of a petition for relief from a dedication or public infrastructure requirement is to ensure that the application of uniform dedication and construction standards to a proposed development does not result in a disproportionate burden on the property when considering the nature and extent of the demands created by the proposed development on the City's roadways and other public infrastructure. 2. Applicability A petition for relief under this Section may be filed by the applicant to contest any requirement to dedicate land or to construct public improvements as required by this UDO, the Bryan/College Station Unified Design Guidelines, or any other public infrastructure standards in any ordinance or regulation to a plat application or to any related development related development application authorized by the City or attached as a condition to approval of the application. A petition for relief shall not be used to waive a standard on grounds subject to other appeal and waiver criteria outlined in this UDO. 3. Petition Requirements a. Form of Petition The petition for relief from a dedication or construction requirement shall allege that application of the standard relating to the dedication or construction requirement is not roughly proportional to the nature and extent of the impacts created by the proposed development on the City's water, wastewater, storm drainage, parks, roadway system or other public infrastructure. b. Required Supporting Documentation The applicant shall provide information in support of the petition for relief that includes the following: 1) Total capacity of the City's water, wastewater, storm drainage, parks, roadway system or other public infrastructure to be utilized by the proposed development, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the development. If the ORDINANCE NO. -.0o// • 33O Page 13 proposed development is to be developed in phases, such information also shall be provided for the entire development proposed, including any phases already developed; 2) Total capacity to be supplied to the City's water, wastewater, storm drainage, parks, roadway system or other public infrastructure by the proposed dedication of an interest in land ' or construction of public infrastructure. If the application is part of a phased development, the information shall include any capacity supplied by prior dedications or construction of public infrastructure; 3) Comparison of the capacity of the City's public facilities system(s) to be consumed by the proposed development with the capacity to be supplied to such system(s) by the proposed dedication of an interest in land or construction of public infrastructure. In making this comparison, the impacts on the City's public infrastructure system(s) from the entire development shall be considered; 4) The effect of any City participation in the costs of oversizing the public improvement to be constructed in accordance with the City's requirements; 5) Any and all other information that alleges the dedication or construction requirement imposed by the City is not roughly proportional to the impacts created by the proposed development; 6) The proportionality analysis should not only be based on any immediate plans for the property but should be based on the size of the property, existing and proposed use of the property, and the development potential permitted by the existing zoning; and 7) Only costs directly related to the dedication or construction requirements should be included in the analysis. Indirect costs, such as applications, permits, and fees, shall not be included. C. Time for Filing Petition and Supporting Documentation A petition for relief from a dedication or construction requirement shall be filed with the Development Engineer within fourteen (14) calendar days following the Commission's decision to approve, conditionally approve or deny an application for approval of an application. The information in support of the petition as set forth above shall be filed with the Development Engineer within sixty (60) calendar days following the initial decision, unless the applicant (petitioner for relief) seeks an extension in writing. The Development Engineer may extend the time for submitting the information for a period not to exceed an additional thirty (30) calendar days for good cause shown. d. Land in Extraterritorial Jurisdiction (ETJ) Where land or facilities to be dedicated are located in the ETJ of the City and are to be dedicated to the applicable county, a petition for relief or documentation in support of the petition shall be accepted as complete for review by the Development Engineer only when such petition or study is accompanied by verification that a copy has been delivered to and accepted by the applicable cou nty. 4. Processing of Petitions and Decision a. Responsible Official The Development Engineer shall be the responsible official for reviewing a petition for relief from a dedication or construction requirement. Where the petition is for relief from dedication of land or construction of a facility in the City's ETJ that is to be dedicated to the applicable county, the Development Engineer shall coordinate a recommendation with the appropriate county official responsible for reviewing plats. ORDINANCE NO._9n// - 3gng b. Evaluation & Recommendation Page 14 1) The Development Engineer shall evaluate the petition and supporting documentation and shall make a recommendation to the Commission for their consideration and recommendation to the City Council, if applicable. 2) In evaluating the petition and documentation, the Development Engineer shall take into account the maximum amount of any impact fees to be charged against the development for the type of public infrastructure that is the subject of the petition, or similar developments on the City's water, wastewater, storm drainage, parks, roadway system or other public infrastructure. The Development Engineer may utilize any reasonable methodology to evaluate, affirm, or refute the applicant's petition and supporting documentation. 3) In order to achieve proportionality between the demands created by a proposed development on public facilities and the obligation to provide adequate public facilities, the City may participate in the costs of public infrastructure, credit or offset developer's proposed obligations or otherwise relieve the property owner of any of the obligations in response to a petition for relief from a dedication or construction requirement. C. Decision-Maker The Commission shall decide the petition for relief from a dedication or construction requirement. d. Public Hearing The Commission shall conduct a public hearing within thirty (30) calendar days after the final documentation supporting the petition is filed by the applicant with the Development Engineer. e. Burden of Proof The applicant bears the burden of proof to demonstrate that the application of a dedication or construction requirement imposes a disproportionate burden on the applicant. f. Decision The Commission shall consider the petition for relief from a dedication or construction requirement based upon the following criteria: 1) The Commission shall determine whether the application of the standard or condition is roughly proportional to the nature and extent of the impacts created by the proposed development on the City's water, wastewater, storm drainage, parks, roadway system or other public infrastructure, and whether the application of the standard or condition reasonably benefits the development. 2) In making such determination, the Commission shall consider the documentation submitted by the applicant, the report and recommendation of the Development Engineer and, where the property is located within the City's ETJ, any recommendations from the county official, as applicable. g. Action Based on the decision criteria stated above, the Commission may take one or more of the following actions: 1) Deny the petition for relief, and impose the dedication or construction requirement as required by this UDO; 2) Deny the petition for relief in whole or in part, upon finding that the proposed dedication or construction requirements are inadequate to offset the impacts of the development on the City's water, wastewater, storm drainage, parks, roadway system or other public infrastructure; or ORDINANCE NO. 2V//-.33/?V Page 15 3) Grant the petition for relief in whole or in part, and waive any dedication or construction requirement to the extent necessary to achieve proportionality, including consideration of alternative designs for the public infrastructure systems or improvements. h. Notification of Decision on Petition The applicant shall be notified of the decision on the petition for relief by the Development Engineer within fourteen (14) calendar days following the Commission's decision. Appeal of the Decision on a Petition for Relief a. Initiation of an Appeal The applicant, the Administrator, or no less than four (4) voting members of City Council may appeal the decision of the Commission within fourteen (14) calendar days following the date of the Commission's decision: 1) For an applicant-initiated appeal, a letter stating the reasons for the appeal, citing the specific section(s) of the applicable ordinance requirement, shall be submitted by the applicant. 2) The Administrator may, on his/her own initiative, appeal the decision of the Commission by scheduling an appeal on the City Council's next available regularly scheduled meeting that occurs after the Commission meeting at which the decision was made. 3) For a City Council-initiated appeal, the Council shall consider and act on whether it will appeal the Commission's decision at its next available regularly scheduled meeting that occurs after the Commission meeting at which the decision was made. b. Notification of Appeal Both the applicant and the City shall be notified of the appeal request within fourteen (14) calendar days. Appeals by the applicant shall include all documentation submitted for the appeal. C. Council Decision The City Council shall consider a properly submitted appeal at its next available regularly scheduled meeting. The City Council may affirm, modify or reverse the decision of the Commission by simple majority vote. The decision of the City Council is final. 6. Expiration or Failure to File Application Where an application was denied based upon the imposition of the standard requiring dedication of land or construction of a required public infrastructure and the Commission's decision, if not further appealed (or the City Council's decision if further appealed as applicable), is to grant some level of relief, the applicant must resubmit the application within sixty (60) calendar days following the date the relief is granted. If such re-submittal of the application is not made within the sixty-day (60-day) period, the relief granted by the Commission (or City Council as applicable) on the petition shall expire. Effect of Relief a. The Development Engineer may require the applicant to submit a modified application or supporting materials consistent with the relief granted by the Commission on the petition. b. The relief granted on the petition shall remain in effect for the period the application is in effect, and shall expire upon expiration of the plat or related application. ORDINANCE NO. Qvt1-.3-2n9 K. Figures and Flow Charts Page 16 The figures and flow charts provided in this UDO are intended to be graphical representations of procedures or standards set forth in this UDO to assist in understanding the requirements of this UDO and are not intended to be requirements themselves. ORDINANCE NO. .2D// - .3:?n9 EXHIBIT "G" Page 17 That Chapter 12, "Unified Development Ordinance," Section 3.3, "Plat Review," of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: 3.3 Plat Review A. Applicability This Section applies to the subdivision and development of property as set forth herein. 1. Subdivision Plat Required Subdivision of property within the City limits or extraterritorial jurisdiction (ETJ) of the City of College Station is required to be approved in accordance with applicable state law and as set forth herein when one or more of the following occurs: 1) The division of land (for any purpose) into two or more parcels to lay out a subdivision of the tract, including an addition to the City, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares, parks or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on to or adjacent to the streets, alleys, squares, parks or other parts; 2) Development on a parcel not previously legally subdivided; Prea plication Conference / APPliwtion \ Submittal Staff Review Completeness Review Parks & Recreation B.d 11 Planning& zoning cnmm~aa~nn 3) Resubdivision of land that has previously been platted; or 4) Amendment of any approved plat. b. Types of Subdivision Filings 1) Preliminary Plans A Preliminary Plan is required for the subdivision of all tracts of land within the City limits or ETJ of the City of College Station, except as otherwise set forth in this UDO. A Preliminary Plan shall include the entire parent survey or tract of land under common ownership. 2) Final Plats and Replats A Final Plat is required for the subdivision of all property within the City limits or ETJ of the City of College Station. A Final Plat shall include the entire Preliminary Plan area or less when the Final Plat adheres to the phasing identified on the approved Preliminary Plan. The Final Plat shall conform to the Preliminary Plan as approved by the Planning and Zoning Commission, provided it incorporates all changes, modifications, corrections, and conditions imposed by the Planning and Zoning Commission; and provided further, that it conforms to all requirements of these regulations and the City's Comprehensive Plan. 3) Minor Plats and Amending Plats A Preliminary Plan shall not be required prior to the application of a Minor Plat or Amending Plat. Pursuant to the Delegation of Approval Responsibility Section of Subchapter A, "Regulations of Subdivisions," Chapter 212 of the TEXAS LOCAL GOVERNMENT CODE, the City Council of the City of College Station delegates the Administrator the ability to approve the following plats in accordance with the procedure set forth herein: ORDINANCE NO._WI -_.33or Page 18 (a) Amending Plats described in the Amending Plat Section of Subchapter A, "Regulations of Subdivisions," Chapter 212 of the TEXAS LOCAL GOVERNMENT CODE; (b) Minor Plats or Replats involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities; (c) A Replat under Section 212.0145 Replatting Without Vacating Preceding Plat: Certain Subdivisions, Subchapter A, "Regulations of Subdivisions," Chapter 212 Of the TEXAS LOCAL GOVERNMENT CODE, and that does not require the creation of any new street or the extension of municipal facilities. 4) Vacating Plats A Vacating Plat shall adhere to the requirements of Vacating Plat Section of Subchapter A, "Regulations of Subdivisions," Chapter 212 of the TEXAS LOCAL GOVERNMENT CODE, as amended. Vacating plats be processed and reviewed in the same manner as a Final Plat. C. Exemptions from Subdivision Plat Requirement The following subdivisions are exempt from Subdivision Plat requirements: 1) A division of land into parts greater than five acres within the City limits and greater than ten (10) acres in the extraterritorial jurisdiction of the City of College Station, where each part has access and no public improvement is being dedicated; 2) Division of property that results from a governmental entity's land acquisition for public facilities such as expansion of street right-of-way; 3) Any lot or lots forming a part of a subdivision created and recorded prior to July 15, 1970, the effective date of the City of College Station Subdivision Regulations, or prior to the date in which the Subdivision Regulations applied to the property through extension of the City of College Station extraterritorial jurisdiction; 4) A division of land performed by a political subdivision of the state, as defined in Chapter 245 of the TEXAS LOCAL GOVERNMENT CODE. Such entities that choose to plat voluntarily shall comply with all of the applicable requirements; or 5) A division of land created by order of a court of competent jurisdiction. 2. Development Plat Required a. The City of College Station chooses to be covered by Subchapter B, "Regulation of Property Development," Chapter 212 of the TEXAS LOCAL GOVERNMENT CODE. Any person who proposes the development of a tract of land or lot of record not located within a recorded subdivision within the City limits or the extraterritorial jurisdiction (ETJ) of the City of College Station must have a Development Plat of the tract prepared in accordance with this Section. New development may not begin on the property until the Development Plat is filed with and approved by the City. For purposes of this Section, "Development" means the new construction or the enlargement of any exterior dimension of any building, structure, or improvement. b. Exemptions from Development Plat Requirement The following developments are exempt from Development Plat requirements: 1) When an applicant is required to file a Preliminary Plan or Final Plat pursuant to other requirements of this Section, a Development Plat is not required in addition thereto. 2) The development of a tract of land within the City limits or the extraterritorial jurisdiction of the City of College Station that meets all of the following criteria is not required to file a Development Plat: (a) The tract is at least five (5) acres; ORDINANCE NO. 2o# - 33ae Page 19 (b) The tract has access; and (c) The development is a single-family home for the use of the property owner or a member of the property owner's family, an accessory structure(s) of the home, and/or an accessory structure(s) for the benefit of agricultural uses. 3) Development by a political subdivision of the state, as defined in Chapter 245 of the TEXAS LOCAL GOVERNMENT CODE. Such entitles that choose to plat voluntarily shall comply with all of the applicable requirements. 4) The Administrator may waive the requirement for a Development Plat within the City limits when no parkland, public infrastructure, or public dedication is required on the subject tract. B. Determination of Plat Applicability Upon written application and in compliance with the TEXAS LOCAL GOVERNMENT CODE, Section 212.0115 as amended, the Administrator shall make the following determinations regarding the tract of land identified in the request: 1. Whether a plat is required under this UDO for the tract of land; and 2. If a plat is required, whether it has been prepared and whether it has been reviewed and approved by the Planning and Zoning Commission or Administrator, as applicable. The Administrator may require additional information and documents be provided by the applicant in order to make the requested determination. C. Application Requirements 1. Preapplication Conference Prior to the submission of a preliminary plan or a plat application required by this UDO, applicants are encouraged to schedule and attend an optional preapplication conference in accordance with and for the purposes set forth elsewhere in this UDO for preapplication conferences. 2. A complete application for review shall be submitted to the Administrator including payment of a fee as set forth in this UDO. Upon request, all preliminary plans and all plats shall be submitted in an electronic form acceptable to the Administrator and compatible with the City's Geographic Information System (GIS). The signatures of all owners of land within the boundary of the preliminary plan or the plat shall be required on the application. A representative of an owner may sign the application provided a written letter of agency is provided to the City with the application. If the property owner is not an individual but an entity (e.g., business or trust), the application must be accompanied by proof of authority for the individual to sign on behalf of the entity. 3. When required to submit the following, the applications shall comply with and/or show the following information: a. Preliminary Plans When submitting preliminary plans, the following information is required: 1) The preliminary plan shall conform to the general requirements of this UDO and minimum standards of design and improvements as set forth in Article 8 Subdivision Design and Improvements; 2) Provide the preliminary plan on sheets twenty-four inches (24") by thirty- six inches (36") to a scale of one-hundred feet (100') per inch or larger. Smaller scales may be allowed at the discretion of the Administrator. If more than one (1) sheet, provide an index sheet at a scale of five-hundred feet (500') per inch or larger; 3) The words "PRELIMINARY PLAN - NOT FOR RECORD" shall appear on the plan in letters one-half inch (1/2'") high; ORDINANCE NO..20//- .3308 Page 20 4) The date the preliminary plan was submitted and the dates of any revisions shall legibly appear on the plan; 5) The proposed name of the subdivision or development, which shall not have the same spelling as or be pronounced similar to the name of any other subdivision located within the county it is located; 6) The name and address of all property owners, developers and subdividers, engineers, and surveyors; 7) The legal description by metes and bounds of the subdivision or development which shall close within accepted land survey standards. An accurate location of the subdivision or development shall be provided by reference to an established survey or league corner, City of College Station horizontal control monument, subdivision corner, or other known point. Primary control points or descriptions and ties to such control point, to which, later, all dimensions, angles, bearings, block numbers, and similar data shall be referred. The preliminary plan shall be located with respect to a corner of the survey or tract, or an original corner of the original survey of which it is a part; s) Subdivision boundary lines shall be indicated by heavy lines and the computed acreage of the subdivision or development shown; 9) The name of contiguous subdivisions and names of owners of contiguous parcels, and an indication whether or not contiguous properties are platted; 10) The following existing features shall be shown: (a) The location, dimension, name and description of all recorded streets, alleys, reservations, easements, or other public or private rights-of-way within the subdivision or development, intersecting or contiguous with its boundaries or forming such boundaries. In the case of pipelines carrying flammable gas or fuel, the approximate location, size of line, design pressure and product transported through the line shall be shown; (b) The location, dimension, description and name of all existing or recorded lots, parks, public areas, permanent structures and other sites within or contiguous with the subdivision or development; (c) The location, dimensions, description, and flow line of existing watercourses and drainage structures within the subdivision, development or contiguous thereto; (d) The location of the one-hundred (100) year floodplain according to the most recent best available data; 11) Date of preparation, scale in feet, and north arrow; 12) Topographic information, including contours at two-foot (2') intervals, flow line elevation of streams, and wooded areas; 13) The location, approximate dimensions, description and name of all proposed streets, alleys, drainage structures, parks, or other public areas, easements, or other rights-of-way, blocks, lots, and other sites within the subdivision or development. Proposed channel cross sections, if any. Existing and/or proposed well site locations; 14) A number or letter to identify each lot and each block. Lots and blocks shown on a preliminary plan should be numbered sequentially; is) Location of current City limits line, and current zoning district boundaries; 16) Vicinity map which shows general location of subject property to existing streets in College Station and to its City limits. No scale is required but a north arrow is to be included; 17) Show number of residential lots; 18) Provide any oversize participation requests that will be sought; ORDINANCE NO. Jn// XW9 Page 21 19) Provide title report for property that is current within ninety (90) days and includes applicable information such as ownership, liens, encumbrances, etc; 20) Written requests for waivers of subdivision standards, if any, shall be submitted in accordance with the applicable sections of this UDO; and 21) Eleven-inch (11") by seventeen-inch (17") copies of the preliminary plan (not necessarily to scale) will be requested by the Administrator when the preliminary plan has been reviewed and has the potential to be scheduled for a Planning and Zoning Commission meeting for consideration. b. Final Plats and Other Plats to be Recorded When submitting Final Plats, Replats, Minor Plats, Amending Plats, Vacating Plats, and Development Plats, the following shall be required: i) The plat shall conform to the general requirements of this UDO and minimum standards of design and improvements as set forth in Article 8 Subdivision Design and Improvements unless expressly provided for otherwise; 2) Provide current certified tax certificates from all taxing agencies showing payment of all ad valorem taxes on the land within the subdivision; 3) Provide title report for property that is current within ninety (90) days and includes applicable information such as ownership, liens, encumbrances, etc; 4) Provide the plat on sheets twenty-four inches (24") by thirty-six inches (36") to a scale of one-hundred feet (100') per inch or larger. Smaller scales may be allowed at the discretion of the Administrator. If more than one (1) sheet, provide an index sheet at a scale of five-hundred feet (500') per inch or larger; 5) Vicinity map which shows general location of subject property to existing streets in College Station and to its City limits. No scale is required but a north arrow is to be included; 6) The proposed name of the subdivision or development, which shall not have the same spelling as or be pronounced similar to the name of any other subdivision located within the county it is located; 7) Date of preparation, scale in feet, and north arrow; 8) The name and address of all property owners, developers, subdividers, engineers, and surveyors responsible for the plat; 9) Subdivision boundary lines shall be indicated by heavy lines and the computed acreage of the subdivision or development shown; 10) For a replat where there are existing improvements, provide a survey of the subject property showing the improvements to ensure that no setback encroachments are created; 11) The name of contiguous subdivisions and names of owners of contiguous parcels, and an indication whether or not contiguous properties are platted; 12) The location of the one-hundred (100) year floodplain and floodway according to the most recent best available data; 13) A number or letter to identify each lot and each block. Lots and blocks shown on a plat should be numbered sequentially; 14) Provide the number of lots; 15) Written requests for waivers of subdivision standards, if any, shall be submitted in accordance with the applicable sections of this UDO; 16) The Plat shall also include the following, based on field survey and marked by monuments and markers: (a) The exact location, dimensions, name, and legal description of all existing or recorded streets, alleys, easements, or other rights-of- ORDINANCE NO. aQVII- 3308 Page 22 way within the subdivision or development, intersecting or contiguous with the boundary or forming such a boundary with accurate dimensions, bearings or deflection angles and radii, area, center angle, degree of curvature, tangent distance, and length of all curves, where applicable; (b) The exact location, dimensions, description, and name of all proposed streets, alleys, drainage structures, parks, and other public areas, easements, or other rights-of-way, blocks, lots, and other sites within the subdivision or development, with accurate dimensions, bearings, or deflection angles and radii, areas, center angle, degree of curvature, tangent distance, and length of curves, where applicable; (c) Lot corner markers and survey monuments shall be shown clearly by symbol, and clearly tied to City of College Station horizontal control monuments; (d) The following, when applicable, shall appear on the face of the plat: (See examples in Article 8 Subdivision Design and Improvements.) L Certificate of Ownership and Dedication; H. Certificate of Surveyor and/or Engineer; M. Certificate of City Engineer; iv. Certificate of Planning and Zoning Commission; V. Certificate of the County Clerk; Vi. Certificate of City Planner; and vii. Certificate of Approval. 17) The plat shall be accompanied by the construction documents and reports as prescribed below and bearing the seal and signature of a registered professional engineer. All shall be in accordance with the Bryan/College Station Unified Design Guidelines and the Bryan/College Station Unified Technical Specifications and shall include the following: (a) Construction plans shall be provided on twenty-four inch (24") by thirty-six inch (36") sheets; (b) Street, alley, and sidewalk plans, profiles, and sections, with specifications and detail cost estimates; (c) Sanitary sewer plan with contours, plan and profile lines, showing depth and grades, with sewer report and detailed cost estimates; (d) Water line plan showing fire hydrants, valves, etc., with specifications and water report and a detailed cost estimate. This may be combined with related information supplied for preliminary plan submissions; (e) Storm drainage system plan with contours, street lines, inlets, storm sewer and drainage channels with profiles and sections. Detail drainage structure design and channel lining design if used, with specifications, drainage report, and detailed cost estimate; (f) Street lighting plan showing location of lights, design, and with specifications and detailed cost estimates; and (g) Any associated necessary items, including but not limited to off-site public utility easements, permits or approval of governmental agencies. i8) Eleven-inch (11") by seventeen-inch (17") copies of the plat (not necessarily to scale) will be requested by the Administrator when the plat has been reviewed and has the potential to be scheduled for a Planning and Zoning Commission meeting for consideration. ORDINANCE NO. a011 -3308 D. Filing of Plat Page 23 For the purposes of this Section, the date of filing shall be determined as the date on which a complete application, as determined by the Administrator, and a plat meeting all of the technical terms and conditions of this UDO, or has filed a waiver request to those Sections for which the plat does not comply, is submitted. Once a complete application has been filed with the City, it will be scheduled for action by the Administrator and/or the Planning and Zoning Commission, as applicable. E. Review Procedure 1. Preliminary Plan Review Review and Recommendation by Administrator 1) The Administrator shall review the Preliminary Plan application for compliance with the following elements: (a) City's Comprehensive Plan including but not limited to the Land Use Plan, Thoroughfare Plan, Utility Master Plans, Parks and Recreation Master Plan, Bicycle, Pedestrian & Greenways Master Plan, Sidewalk Master Plan; (b) Existing zoning of the property, if applicable; (c) Article 8, Subdivision Design and Improvements; (d) Form and content as required in the Application Requirements section of this UDO; (e) If phased, the Preliminary Plan must demonstrate sufficiency and viability of public infrastructure for each phase such that an undue burden is not placed on any particular phase. In addition, the proposed phasing is not to create phases or potential remainders of a size, shape or location so as not to be developable in compliance with this UDO; and (f) Other provisions of this UDO as applicable. 2) The applicant will be advised of the date set for Planning and Zoning Commission consideration. 3) The Administrator shall recommend approval, approval with conditions, or disapproval of the same based on compliance with the elements listed above. b. Review and Recommendation by Parks and Recreation Advisory Board The Parks and Recreation Advisory Board shall review the Preliminary Plan application for compliance with the parkland dedication requirements of Article 8, Subdivision Design and Improvements, and recommend approval, approval with conditions, or disapproval of the same. This recommendation must be considered by the Planning and Zoning Commission in its review. Once the Board has determined compliance, the Preliminary Plan and subsequent plats may proceed directly to the Planning and Zoning Commission. C. Criteria for Approval by Planning and Zoning Commission The Administrator shall forward the Preliminary Plan to the Planning and Zoning Commission for consideration when it meets all of the technical terms and conditions of this UDO, or has filed a waiver request to those sections for which the Preliminary Plan does not comply. The Planning and Zoning Commission shall receive the recommendations of the Administrator and the Parks and Recreation Advisory Board and shall approve, disapprove, or conditionally approve the Preliminary Plan with modifications based on compliance with the same elements listed in the Review and Recommendation by Administrator. Conditions of approval must entail corrections, changes, or completion of items that are ministerial in nature and explicitly spelled out. ORDINANCE NO. at' D// - ,?36P Page 24 d. Effect of Approval Approval of a Preliminary Plan shall mean the following: 1) Approval of a Preliminary Plan application by the Planning and Zoning Commission shall allow the applicant to continue the subdivision process by submitting a Development Permit application with construction plans and a Final Plat application. 2) Approval of a Preliminary Plan shall not constitute approval of a Final Plat. Application for approval of a Final Plat will be considered only after the requirements for Preliminary Plan approval as specified herein have been fulfilled and after all other specified conditions have been met. 3) If a Final Plat is not filed with the City within twenty-four (24) months of the date of approval or conditional approval of a Preliminary Plan, the Planning and Zoning Commission may, upon written application of the applicant, extend the approval for a one-time additional twelve (12) month period. The request for consideration of an extension shall be submitted to the Administrator at least thirty (30) days before the Preliminary Plan approval expires. 4) Each Final Plat which is a phase of an approved Preliminary Plan shall extend the expiration date of the Preliminary Plan an additional two (2) years from the date the Final Plat was approved by the Commission. 5) If a Preliminary Plan is phased, Final Plats shall only be permitted to proceed to the Planning & Zoning Commission in the numerical order set forth on the Preliminary Plan. 2. Amendments to an Approved Preliminary Plan a. Minor Amendments Minor amendments of an approved Preliminary Plan may be incorporated in an application for approval of a Final Plat without the necessity of filing a new application for approval of a Preliminary Plan. Minor amendments may include adjustment in street or alley alignments and lengths, adjustment in lot lines that do not result in creation of additional developable lots, or adjustments to utility or access easements. Minor amendments shall comply with the standards of this UDO, shall not alter a subdivision standard that is discretionary to the Commission, or shall not increase the extent of an approved waiver to a subdivision standard. b. Major Amendments All other proposed amendments of an approved Preliminary Plan not constituting a minor amendment shall be considered a major amendment and require the approval of a new Preliminary Plan application by the Commission. Major amendments include but are not limited to an increase in the number of developable lots, rerouting of streets, addition or deletion of alleys, change to thoroughfare street layout, or modification to parkland. C. Amendment Determination The applicant shall provide a written description of proposed amendments to an approved Preliminary Plan. The Administrator shall make the determination of whether the proposed amendments are deemed minor or major amendments. At the discretion of the Administrator, a new Preliminary Plan application that proposes major amendments may be processed simultaneously with a Final Plat application. d. Retaining Previous Approval If the proposed major amendments are not approved or if the applicant is unwilling to accept the terms and conditions required by the Commission, the applicant may withdraw the proposed amendments by written request and retain the previously approved Preliminary Plan. ORDINANCE NO. AM/ g909 Page 25 3. Final Plat, Replat, Vacating Plat, and Development Plat Review a. Review and Recommendation by Administrator 1) The Administrator shall review the plat application for compliance with the elements: (a) The approved Preliminary Plan, if applicable; (b) City's Comprehensive Plan including but not limited to the Land Use Plan, Thoroughfare Plan, Utility Master Plans, Parks and Recreation Master Plan, Bicycle, Pedestrian & Greenways Master Plan, Sidewalk Master Plan; (c) Existing zoning of the property, if applicable; (d) Article 8, Subdivision Design and Improvements; (e) Form and content as required in the Application Requirements section of this UDO; and (f) Other provisions of this UDO as applicable. 2) If public infrastructure is required for the plat, the following is required in order for the plat application to be complete to be scheduled for Planning and Zoning Commission consideration: (a) The construction documents must be approved by the City Engineer; (b) Any necessary off-site easements are reviewed and acceptable by the City in recordable form; and (c) Either the public infrastructure is constructed by the applicant and accepted by the City, or a guarantee provided to the City Engineer in accordance with the Construction, Guarantee of Performance, and Acceptance of Public Infrastructure Section in Article 8 of this UDO. 3) The applicant will be advised of the date set for Planning and Zoning Commission consideration. a) The Administrator shall recommend approval or disapproval of the same. b. Review and Recommendation by Parks and Recreation Advisory Board If not already determined through an approved Preliminary Plan, the Parks and Recreation Advisory Board shall review the plat application for compliance with the parkland dedication requirements of Article 8, Subdivision Design and Improvements, and recommend approval, approval with conditions, or disapproval of the same. This recommendation must be considered by the Planning and Zoning Commission in its plat review. C. Criteria for Approval by Planning and Zoning Commission Within thirty (30) days after the plat is filed, the Planning and Zoning Commission shall receive the recommendation of the Administrator and the Parks and Recreation Advisory Board and shall approve or disapprove such plat. The Commission's action shall be based on compliance with the review elements listed in Final Plat, Replat, Vacating Plat, and Development Plat Review and the City Engineer's approval of all required infrastructure as proposed in the construction documents and which has been constructed and accepted or guaranteed in accordance with the Construction, Guarantee of Performance, and Acceptance of Public Infrastructure Section in Article 8 of this UDO. Conditions of approval must entail corrections, changes, or completion of items that are ministerial in nature and explicitly spelled out d. Recordation If the Planning and Zoning Commission has approved the plat, the plat shall be recorded in the Office of the County Clerk of the county in which the plat is located when all requirements and conditions have been met. ORDINANCE NO. .20// - 330 Page 26 4. Minor Plat and Amending Plat Review a. Review and Action by Administrator The plat shall be reviewed by the Administrator for compliance to all applicable requirements of this UDO including those elements identified in the Preliminary Plan Review and the following procedures: 1) Consideration of the approval, approval with conditions, or recommended denial of the plat by the Administrator usually within fifteen (15) days of filing a Minor Plat or Amending Plat; 2) The Administrator shall approve, approve with conditions, or recommend denial and forward the plat to the Planning and Zoning Commission at the next available meeting. The Administrator may also elect to forward the plat to the Commission for any reason. Conditions of approval must entail corrections, changes, or completion of items that are ministerial in nature and explicitly spelled out; 3) If forwarded to the Planning and Zoning Commission, the Commission shall approve, disapprove, or conditionally approve the plat. Conditions of approval must entail corrections, changes, or completion of items that are ministerial in nature and explicitly spelled out; 4) Upon approval of the Commission meeting minutes, the Administrator shall make them available to the applicant; 5) A report shall be made to the Commission at each meeting notifying the Commission of any Amending Plats or Minor Plats that were approved by the Administrator since the last Commission meeting. b. Recordation If favorable final action has been taken by the Administrator or the Planning and Zoning Commission, the Minor Plat or Amending Plat shall be recorded in the Office of the County Clerk of the county in which the plat is located when all requirements and conditions have been met. F. Waivers The Planning and Zoning Commission, where authorized by this UDO, may approve, approve with conditions, or disapprove waivers of the standards in Article 8, Subdivision Design and Improvements. G. Platting in Planned Development Districts (PDD and P-MUD) If the subject property is zoned as a Planned Development District (PDD) or Planned Mixed- Use District (P-MUD), the City Council may approve a Concept Plan that provides for general modifications to the site development and subdivision standards. The general modifications shall be indicated on the approved Concept Plan or within the rezoning ordinance. H. Platting in the Extraterritorial Jurisdiction The City of College Station has entered into one or more written agreements with counties in which it has extraterritorial jurisdiction. Such agreements identify the authority authorized to regulate plats within the extraterritorial jurisdiction of the City, and the provisions of this Section are subject to the terms and conditions of such valid agreements. In the event such an agreement creates a direct conflict between the regulations herein and those of the particular County, the stricter standard shall apply. 1. Failure to Obtain Plat Approval 1. If plat approval is required for the subdivision of property or development of property and same is not properly secured: a. Prohibition of Recordation It shall be unlawful to offer and cause to be recorded any plat or replat of land within the City limits or ETJ of the City of College Station at the Office of the ORDINANCE NO. 2o/1- X?wR Page 27 County Clerk unless the same bears the endorsement and approval of the Planning and Zoning Commission, the Administrator, or bears a valid certificate of No Action Taken as provided for in this UDO. b. Prohibition of Making Improvements It shall be unlawful to make any improvements, alterations or changes of any kind to such property; C. No Issuance of Permits The City shall not issue any building, repair, plumbing, electrical or other permit relating to such property until such approval occurs; d. No Provision or Maintenance of Infrastructure The City shall not repair, maintain, install or provide any streets, public utilities or public infrastructure of any kind to such property; e. No Provision of Public Utilities The City shall not sell or supply water, gas, electricity, or sewerage to such property. 2. Council Action a. If any subdivision or development exists for which a plat has not been approved or in which the standards contained herein or referred to herein have not been complied with in full, the City Council may pass a resolution reciting the fact of such noncompliance or failure to secure plat approval, and reciting the fact that the provisions of this Section apply. b. The City Secretary shall, when directed by the City Council, cause a certified copy of such resolution under the corporate seal of the City to be recorded in the Deed Records of the County. C. If such compliance and plat approval are secured after the recording of such resolution, the City Secretary shall forthwith record an instrument in the Deed Records of the County stating that the property is no longer in violation. ORDINANCE NO. a.011 -33f) A Page 28 EXHIBIT "Ii" That Chapter 12, "Unified Development Ordinance," Section 7.1.13, "Minimum Requirements," of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: B. Minimum Requirements Unless expressly allowed in this UDO, no building plot shall have lower or less stringent standards or dimensions than those prescribed for respective zones in this UDO. 2. Unless expressly allowed in this UDO, no building permit or development approval may be issued for a lot that does not meet the minimum lot area requirements of this UDO except as provided for in Article 9, Nonconformities. 3. In the absence of public water or public sewer, no building permit shall be issued until the lot meets all applicable requirements of this UDO and the Texas Department of Health and Environmental Control. A septic system that has been approved by the Brazos County Health Department may be permitted if an exception to sewer service has been granted under Chapter 11, Section 2 of the CITY OF COLLEGE STATION CODE OF ORDINANCES, as amended. 4. Utilities using land or an unoccupied building covering less than 1,000 square feet of site area shall be exempt from minimum lot area standards. ORDINANCE NO. 2011-3309 ENIUBIT "P" Page 29 That Chapter 12, "Unified Development Ordinance," Section 8.4, "Certifications," of the Code of Ordinances of the City of College Station, Texas, is hereby renumbered to Section 8.8, "Certifications," and amended to read as follows: 8.8 Certifications CERTIFICATE OF OWNERSHIP AND DEDICATION STATE OF TEXAS COUNTY OF BRAZOS I (we) , owner(s) and developer(s) of the land shown on this plat, and designated herein as the Subdivision to the City of College Station, Texas, and whose name(s) is/are subscribed hereto, hereby dedicate to the use of the public forever all streets, alleys, parks, greenways, infrastructure, easements, and public places thereon shown for the purpose and consideration therein expressed. All such dedications shall be in fee simple unless expressly provided otherwise. Owner(s) STATE OF TEXAS COUNTY OF BRAZOS Before me, the undersigned authority, on this day personally appeared known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he/they executed the same for the purpose and consideration therein stated. Given under my hand and seal on this day of 20- Notary Public, Brazos County, Texas (Seal) ORDINANCE NO. JO// - _a30X Page 30 CERTIFICATE OF SURVEYOR AND/OR ENGINEER STATE OF TEXAS COUNTY OF BRAZOS I, . Registered Public Surveyor (Engineer), No. . in the State of Texas, hereby certify that this plat is true and correct and was prepared from an actual survey of the property and that property markers and monuments were placed under my supervision on the ground. CERTIFICATE OF CITY ENGINEER I, City Engineer of the City of College Station, Texas, hereby certify that this Subdivision Plat conforms to the requirements of the Subdivision Regulations of the City of College Station. City Engineer City of College Station CERTIFICATE OF PLANNING AND ZONING I, . Chairman of the Planning and Zoning Commission of the City of College Station, hereby certify that the attached plat was duly approved by the Commission on the day of . 20. Chairman ORDINANCE NO._.~M/ - ,-S -A ~ Page 31 CERTIFICATE OF THE COUNTY CLERK STATE OF TEXAS COUNTY OFBRAZOS I, , County Clerk, in and for said county, do hereby certify that this plat together with its certificates of authentication was filed for record in my office the day of, 20_, in the Deed Records of Brazos County, Texas, in Volume Page WITNESS my hand and official Seal, at my office in Bryan, Texas. County Clerk (SEAL) Brazos County, Texas CERTIFICATE OF CITY PLANNER (for Amending or Minor Plats) I, , City Planner of the City of College Station, Texas, hereby certify that this Subdivision Plat conforms to the requirements of the Subdivision Regulations of the City of College Station. City Planner City of College Station CERTIFICATE OF APPROVAL (for ET] Plats) This subdivision plat was duly approved by the Commissioners Court of Brazos County, Texas as the Final Plat of such subdivision on day of 20. Signed this the day of 20. County Judge, Brazos County, Texas CERTIFICATE OF NO ACTION TAKEN I, . Chairman of the Planning and Zoning Commission, hereby certify that the plat was filed with the Planning and Development Services Department on the day of _ and that the Planning and Zoning Commission failed to act on the plat within 30 days after the plat was filed. Chairman ORDINANCE NO. JD/i- 33O F-3 Page 32 EXHMIT "J" That Chapter 12, "Unified Development Ordinance," Section 8. 1, "Purpose," Section 8.2, "General Requirements and Minimum Standards of Design," Section 8.3, "Waiver of Subdivision Standards," and Section 8.4, "Certifications," of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: 8.1 Purpose The subdivision of land is a major factor in the process of sound community growth and ultimately becomes a public responsibility in that the streets and other infrastructure must be maintained and various public services customary to urban areas must be provided. These regulations seek to protect the interests of public and private parties by granting certain rights and privileges and requiring certain obligations in association with the subdivision and development of land. The welfare of the entire community is affected in many important respects. Therefore, it is in the interest of the public, the developer, and the future landowners that the subdivisions and developments be conceived, designed, and developed in accordance with sound rules and proper minimum standards. These regulations encourage the growth of the City of College Station in an orderly manner. 8.2 General Requirements and Minimum Standards of Design for Subdivisions within the City Limits A. Suitability of Lands The Commission shall approve the subdivision of land if, from adequate investigations conducted by all public agencies concerned, it has been determined that in the best interest of the public, the site is suitable for platting and development purposes of the kind proposed. B. Zoning and Other Regulations No plat of land within the force and effect of an existing zoning ordinance shall be approved unless it conforms to such zoning and other pertinent regulations. C. Reserved Strips and Tracts Prohibited A plat shall not provide reserved strips or tracts of land. In addition, the effect of phasing of a plat, provision of common area or other land or easement shall not unnecessarily restrict access to land, right-of-way, or easements dedicated or intended to be dedicated to the public by the subject plat or adjacent developments. D. Technical Standards All public infrastructure shall be designed and constructed in accordance with the Bryan/College Station Unified Design Guidelines, Bryan/College Station Unified Technical Specifications, Bryan/College Station Unified Construction Details and all other applicable local, state, and federal requirements. Hereafter, these documents shall be referred to collectively as the "B/CS Unified Design Guidelines." Where there is a conflict of standards, the more stringent standard shall apply, as determined by the City Engineer. The City shall accept for public use only streets, alleys, water, waste water, drainage, and other public infrastructure that comply with these standards for construction. Streets 1. Streets on the Thoroughfare Plan Where a subdivision encompasses or is adjacent to a thoroughfare, as shown on the Thoroughfare Plan of the City, the thoroughfare shall be constructed and ORDINANCENO. dUU-3308 Page 33 included in the subdivision plat to maintain continuity in the approximate location as shown, and of the type indicated. 2. Relation to Adjoining Street System a. Where there is an existing street adjacent to or through the area to be subdivided, the necessary street intersections to the existing street shall be constructed. b. Existing and planned streets and Public Ways in adjacent or adjoining areas shall be continued in alignment therewith, c. When land is subdivided into larger parcels rather than ordinary building lots, such parcels shall be arranged so as to allow for the opening of future streets and logical further subdivisions. 3. Street Projections a. Where adjoining areas are not platted, the subdivision shall provide street projections to such areas by projecting a public street: 1) In each cardinal direction around the proposed subdivision; 2) At intervals no fewer than the maximum block length along the perimeter boundary of the subdivision; and 3) To provide street connection or street frontage to land locked tracts that do not otherwise have frontage to a public street. b. In lieu of a public street, a Public Way may satisfy a required street projection when the Public Way is projected to future non-residential or multi-family development and can be continued through that development to a public street. 4. Adequate Street Access a. One external street connection is required for a street serving as roadway access for thirty (30) or fewer lots. b. When there are more than thirty (30) lots to be served by external street connections, a minimum of two (2) street connections to external paved public streets shall be required. The Commission may allow a Remote Emergency Access where development phasing or constraints of the land prevent the provision of a second street connection. Notwithstanding the foregoing, two (2) street connections to external paved public streets shall be required when one hundred (100) or more lots are served. c. Three (3) street connections to external paved public streets may be required by the Commission when two hundred (200) or more lots are served. d. Where more than one external street connection is required, at least one external street connection shall not be located over a potential hazard such as a high-pressure gas line or a creek where the 100-year floodplain overtops the street, regardless of its classification. 5. Intersections In addition to the 8/CS Unified Design Guidelines, proposed street and alley intersections shall meet the minimum spacing and requirements of the Access Management and Circulation section in Article 7 General Development Standards of this UDO. 6. Dead-End Streets Dead-end streets shall be prohibited except short stubs to permit future extension. Temporary turnarounds shall be required for stubs in length of more than one- hundred feet (100') or the depth of one lot, whichever is less. ORDINANCE NO. .2011 - 3S DS 7 8. 9. Cul-de-Sacs Page 34 a. The maximum length of a cul-de-sac is based on the land use designation on the Future Land Use and Character Map in the adopted Comprehensive Plan in which the cul-de-sac is located. The length of a cul-de-sac is measured along the centerline of the cul-de-sac street from the center of the bulb to the edge of the nearest intersecting through street right-of-way. Cul-de-sacs shall not exceed the following lengths: 2) Six-hundred feet (600') in Restricted Suburban and Business Park designations; and 1) Four-hundred and fifty feet (450') in General Suburban, Suburban Commercial, and General Commercial designations; 3) Seven-hundred and fifty feet (750') in Estate and Rural designations. b. Cul-de-sacs are not permitted in the Urban and Urban Mixed Use designations unless the proposed subdivision is surrounded by platted property and where a through street is not possible. c. Regardless of length, cul-de-sacs shall have no more than thirty (30) lots. Geometric Standards, Street Design Criteria a. Streets and alleys shall be designed and constructed in accordance with the BICS Unified Design Guidelines. b. Rural Residential subdivision streets may be constructed to either rural street standards or urban curb and gutter standards except that thoroughfares that continue beyond the boundary of a Rural Residential subdivision to an urban one shall be constructed to urban curb and gutter standards. Existing Substandard Street Right-of Way a. Whenever an existing right-of-way is within or adjacent to a proposed subdivision and such right-of-way width is substandard, the additional width for the street shall be dedicated. For development occurring on only one side of such a roadway, the amount dedicated shall generally equal one-half (1/2) of the deficiency in width based on the classification and type of street, as measured from the existing centerline of the right-of-way. If the parcel(s) on the opposite side of the right-of-way previously dedicated a portion, the proposed plat shall dedicate the remaining width. If the opposite side of the right-of-way has a permanent constraint such as a railroad right-of-way or conservation easement, the full width of the deficiency may be required. b. The Administrator may reduce, increase, or eliminate the amount of right-of- way dedication based on design considerations, existing land uses, existing development on adjacent properties, and dimensions of the proposed subdivision or plat. c. Notwithstanding the foregoing, additional right-of-way dedication is not required for Amending Plats. 30. Street Names and Addresses a. Proposed streets that are extensions of existing streets shall bear the name of the existing street, unless otherwise recommended by the Administrator. b. New streets shall be named to prevent conflict or confusion with identical or similar names in the City, Brazos County 911 district, or the City's Extraterritorial Jurisdiction (ETJ). c. Streets shall not be named after any living person. ORDINANCE NO._._9D// - 330$ Page 35 d. A proposed street name may be disapproved if it too closely approximates phonetically the name of an existing street, is too difficult to pronounce, or carries undesirable meanings or connotations. e. Street addresses shall be assigned by the Administrator. F. Alleys 1. Alleys may be required at the rear of all lots intended to be used for business purposes and residential lots fronting a thoroughfare. 2. Alleys shall generally be parallel to the street that the lot it serves fronts. 3. Where two (2) alleys intersect, or where an alley turns, additional width may be required to allow turning of vehicles or guying of utility poles. 4. Dead-end alleys shall not be permitted, except where the alley is one hundred feet (100') or less in length or the width of one lot, whichever is less. 5. Residential lots served by an alley shall only have driveway access via the alley. 6. Public alleys are prohibited in Rural Residential subdivisions. 7. Private alleys shall be constructed to public alley standards except that it shall be located within a common area or private access easement. The City reserves the right to not provide sanitation and fire service along private alleys. G. Blocks 1. Blocks for single-family, duplex, and townhouse lots shall be platted to provide two (2) tiers of lots with a utility easement or alley between them. A single tier of lots may be used if the lots back up to a thoroughfare, railroad, or floodplain. 2. In order to provide a public street network that is complimentary to the Thoroughfare Plan and that ensures uniform access and circulation to areas intended for similar land use contexts, block length shall not exceed the following dimensions based on the land use designation on the Future Land Use and Character Map in the adopted Comprehensive Plan in which the block is located: a. Six-hundred sixty feet (660') in Urban and Urban Mixed Use designations; b. Nine-hundred feet (900') in General Suburban, Suburban Commercial, and General Commercial designations; c. One-thousand and two-hundred feet (1,200') in Restricted Suburban and Business Park designations; and d. One-thousand and five-hundred feet (1,500') in Estate and Rural designations. 3. If a plat is not bounded by a public through street or other qualifying break to block length then the block length measurement shall continue to extend each way beyond the plat along the public through street until the nearest intersecting through street or qualifying break to the block is reached. 4. Block perimeter shall not exceed the following dimensions based on the land use designation provided in the adopted Comprehensive Plan: a. One-thousand and six-hundred feet (1,600') in Urban Mixed Use designations; and b. Two-thousand feet (2,000') in Urban designations. 5. In lieu of a public street, non-residential and multi-family developments may opt to construct a Public Way to satisfy block length and block perimeter requirements when the Public Way connects two public streets. The plat shall dedicate a public access easement that covers the entire width of the private drive and sidewalks for the Public Way. The private drive and sidewalks may be constructed with the ORDINANCE NO. vZ' fI// 33D~ Page 36 development of the property. A Public Way shall not substitute for a thoroughfare identified on the City's Thoroughfare Plan. 6. Block length or block perimeter shall not require a new street, Public Way, or Access Way to enter the face of a block when the surrounding area of the block is subdivided so that a through movement is not possible or a new block cannot be created. H. Lots 1. General Requirements a. Lots shall be identified in numerical order within a block. b. Lot size and setback lines shall be in accordance with the applicable zoning requirements. c. Lots established for special purposes such as common area, open space, parkland, floodplain, drainage, utilities, or other similar facilities shall be uniquely named and are not required to meet the minimum dimensional standards for the applicable zoning district. d. Side lot lines shall be substantially right angle to straight right-of-way or radial to the curved right-of-way. e. Land located within the FEMA designated floodway shall not be included within a lot intended for residential occupancy. f. Lots shall be laid out so as not to cross municipal, county, school district, or utility service area boundaries. g. A subdivision shall not cause an existing structure to encroach into the setback of a proposed lot line. h. Single-family, duplex, and townhouse lots shall have frontage on a public street or a private street constructed to public standard. Lots intended for other uses that do not have frontage on a public street shall provide access via a Public Way or a private access easement containing a drive that meets City fire lane standards. The construction of the private drive may be delayed until the time of site development. L No single-family dwelling, townhouse, or duplex lot shall have direct access to an arterial or collector thoroughfare; however, these lots may face toward a thoroughfare if driveway access is provided via a public alley. Notwithstanding the foregoing, single-family detached lots that are at least one-hundred feet (100') in width may have direct access with the recommendation of the Administrator and approval of the Commission. Access restrictions and determinations shall be noted on the plat. 2. Platting and Replatting within Older Residential Subdivisions a. This section applies to a subdivision in which any portion of the proposed subdivision meets all of the following criteria: 1) Such portion of the subdivision is currently zoned or developed for single-family detached residential uses as of January 1, 2002 with the exception of NG-1, NG-2, NG-3, NPO, and NCO zoning districts; and, 2) Such portion of the subdivision is part of a lot or building plot that was located within the City limits when it was created on or prior to July 15, 1970. This includes lots that may have been vacated or replatted after July 15, 1970 but the original plat predates July 15, 1970. ORDINANCE NO. 020//- 3300 Page 37 b. In addition to the other provisions of this UDO, no plat or replat intended to provide for the resubdivision of an existing lot or lots in a residential subdivision which meets the above criteria may be approved unless: 1) The plat does not create an additional lot or building plot; or 2) A plat which does create an additional lot or building plot must meet or exceed the average width of the lots along the street frontage for all of the lots in the block including the subject lot(s) and contain at least eight-thousand and five-hundred (8,500) square feet of space for each dwelling unit. For the purpose of this section, a lot shall be defined to include the lot, lots and/or portions of lots that have been combined and used as a residential plot or building plot, as of July 15, 1970. c. It is the applicant's responsibility to provide documentation during the application process regarding the original plat in which the lot was created and/or the configuration and ownership documentation of the properties since July 15, 1970. 3. Zero Lot Line Development The following requirements apply to all proposed subdivisions with single-family residential lot line construction. a. Description Zero lot line developments require planning for all house locations to be done at the same time. Restrictions that assure the minimum distance between houses and any required easements must be recorded on the plats of the applicable lots. b. Setbacks The side building setback shall be zero on one side of the house. This reduction does not apply to the street side setback or to the interior side setback adjacent to lots that are not part of the zero lot line portion of the plat. The minimum distance between all buildings within the lot line development must be fifteen feet. c: Eaves Eaves may project a maximum of eighteen (18) inches, excluding non- combustible gutters, over the adjacent property line. d. Maintenance Easement A maintenance easement shall be dedicated between the two property owners to allow for maintenance or repair of the house built on the lot line. The easement shall be unobstructed, located on the adjacent property abutting the side wall and must be a minimum of seven and one-half (7.5) feet in width. Required maintenance easements shall be shown on the recorded plat. e. Privacy Windows or other openings that allow for visibility into the side yard of the adjacent lot are not allowed. Windows that do not allow visibility into the side yard of the adjacent lot, such as a clerestory window or a translucent window, are allowed. All materials within three feet of the property line shall be fire- rated to meet building code requirements. 4. Cluster Development a. General Purpose A cluster development is a residential subdivision in which the lots are allowed to be smaller (in area and width) than otherwise required for the underlying, ORDINANCE NO. 20// - _3309 Page 38 base zoning district, but in which the overall density of all the lots collectively do not exceed the maximum density limit for the underlying zoning district. Through the cluster development option, a subdivision can contain no more lots than would otherwise be allowed for a conventional subdivision in the zoning district, though the individual lots within the development can be smaller than required in a conventional subdivision. The average lot size in a cluster development must be less than the minimum lot size of the base zoning district. Smaller lot sizes within a cluster development are required to be offset by the provision of open space as set forth below. b. Conflict with Other Regulations If there is a conflict between the cluster development standards of this Section and any other requirement of this UDC, the standards of this Section control. Where no conflict exists, a cluster development is subject to all other applicable requirements of this UDO. 1) Where Allowed Cluster developments are allowed in all residential zoning districts. 2) Approval Procedure Cluster Developments are subject to the subdivision procedures set forth in this UDO. A note shall be provided on the plat that states the subdivision is a cluster development with additional descriptions as necessary. 3) Lot Size There is no set minimum lot width or depth requirement within a cluster development; however, the lot size may be reduced by up to twenty-five percent (25%) as long as individual lot sizes are adequate to meet all other required density, district, and development standards. a) Setbacks and Building Separations The minimum setback standards of the base zoning district apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet. 5) Open Space (a) Amount of Open Space Cluster developments shall be subject to the minimum lot coverage and on-site open space standards of the base zoning district, if applicable. (b) Common Open Space Required for Cluster Developments i. Minimum Requirement Common open space is required within a cluster development to ensure that the overall density within the development does not exceed the maximum density allowed by the underlying zoning district. Common open space must be provided in an amount of at least ten percent (10%) of the gross area of the development, massed together in areas to benefit the majority of property owners as well as protecting natural amenities. The minimum common open space area must be at least equal to the difference between: a. The actual, average lot area per dwelling unit within the cluster development; and ORDINANCE NO. .330,? Page 39 b. The required lot area per dwelling unit for conventional development within the underlying base zoning district. ii. Use of Common Open Space Common open space must be set aside and designated as an area where no development will occur, other than project- related recreational amenities or passive open space areas. The Commission may require that up to fifty percent (50%) of required common open space be useable recreational space, if deemed necessary by the Commission to ensure adequate recreational amenities for residents of the development. 1. Easements Drainage Easements and Rights-of-Way a. Where a subdivision is traversed by a watercourse, drainage way, natural channel or stream, a drainage easement or right-of-way may be required in accordance with the 8/CS Unified Design Guidelines. b. No construction, including fences, shall impede, constrict, or block the flow of water. c. A drainage easement or right-of-way shall not be considered a part of the lot area for purposes of minimum lot size requirements of this UDO. d. When feasible, utilities may be located within drainage easements and rights- of-way. Likewise, enclosed storm drains may be contained in utility easements. In such instances, the utility easement width must be adequate to provide space for storm drains, utilities, and maintenance access. 2. Utility Easements a. Minimum Utility Easements 1) General Subdivisions Except as expressly provided for otherwise in this UDO, each block that does not contain an alley shall have a utility easement at the rear of all lots. The rear utility easements shall be twenty feet (20') in width, taken ten feet (10') from each lot where the rear of the lots abut each other, and shall be continuous for the entire length of a block. These easements shall be parallel as closely as possible to the street line frontage of the block. 2) Rural Residential Subdivisions For Rural Residential subdivisions, utility easements not less than sixteen feet (16') in width shall be provided along the front of all lots on each side of a street. Where the front easement is impractical on one side of the street, a utility easement no less than twenty feet (20') in width shall be provided on the other side of the street as determined by the City. Additionally, utility easements ten feet (10') in width shall be required along the side and rear of all lots. ORDINANCE NO. Q011-33 O F Page 40 b. Additional Utility Easements Additional utility easements or additional easement width other than as described above may be required by the City Engineer or e/CS Unified Design Guidelines based on the number, size, configuration or depth of existing, proposed or anticipated utilities. Where the proposed subdivision adjoins an unplatted area or future phase of the subdivision, the City Engineer may require twenty foot (20') width of easement along the rear of lots adjoining the unplatted area and/or an additional ten feet (10') in width along the boundary of the subdivision or subdivision phase. c. Improvements in Easements Buildings, signs, masonry walls, and other vertical structures that require a building permit are not permitted within utility easements. Landowners may place a fence in utility easements if unlocked gates are provided to allow free movement of excavating machines, maintenance equipment, and personnel throughout the full length of the easement. 3. Access Easements a. A private access easement shall be required to provide access to property that does not have direct frontage to a public right-of-way or a Public Way. Private access easements may also be required when shared driveway access is necessary to meet driveway spacing requirements along a public street or Public Way. Driveways in required private access easements shall be constructed to City fire lane standards and their installation may be delayed until the time of site development. When private access easements are provided, construction and maintenance responsibilities shall be assigned and noted on the plat or the recorded volume and page of the access instrument shall be referenced on the plat. b. A public access easement shall be provided for a Public Way, for public sidewalks on private property, and when serving as an Access Way. Fences, gates, parking, or other obstructions that restrict or block access are prohibited. 4. Off-Site Easements All easements outside the boundaries of a plat that are necessary for the installation of public infrastructure to serve the subdivision or development plat shall be acquired by the applicant and conveyed by an instrument approved by the City Attorney. 5. Non-Public Easements Except as set forth herein, dedication of rights-of-way, easements, and public infrastructure shall not be encumbered by private easements that have pre- existing rights. Minor crossings are allowed. J. Access Ways 1. Existing and planned Access Ways in adjacent or adjoining areas shall be continued in alignment therewith. 2. In Blockfaces over nine hundred feet (900') in length, an Access Way shall extend across the width of the block near the center of the block. 3. To provide additional pedestrian and bicycle circulation, an Access Way shall be required on a cul-de-sac street to connect to existing or planned facilities in the vicinity such as schools, parks, transit stops, and multi-use paths. 4. An Access Way may be required to provide additional pedestrian and bicycle circulation within a subdivision, between subdivisions, between cul-de-sacs, or to ORDINANCE NO. 2V11--?30P Page 41 provide access to schools, parks, shopping centers, multi-use paths, transportation, and other community facilities in the vicinity. 5. If an Access Way is greater than three hundred feet (300') in length then an additional access point to the Access Way shall be provided. K. Sidewalks 1. Policy Sidewalks should be located and constructed so as to provide a safe and effective means of transportation for non-vehicular traffic. 2. Required Sidewalks a. Sidewalks shall be required on both sides of all streets, including cul-de-sacs, except as follows or as provided elsewhere in this UDO. b. Where a multi-use path is shown along a street on the Bicycle, Pedestrian, and Greenways Master Plan, the sidewalk may be incorporated as part of the multi-use path. 3. Sidewalk Exceptions Sidewalks are not required: a. Along a street classified on the Thoroughfare Plan as a Freeway/Expressway that does not have frontage roads. Sidewalks, however, shall be provided along frontage roads of a Freeway/Expressway; b. Along streets identified on the Thoroughfare Plan with an Estate/Rural context; c. Along new or existing streets within a Rural Residential subdivision constructed to the rural section; or d. Along existing residential streets unless sidewalks have been identified in the Bicycle, Pedestrian, and Greenways Master Plan or in the applicable neighborhood, district, or corridor plan. 4. Standards Sidewalks shall be constructed in accordance with the following criteria: a. The 8/CS Unified Design Guidelines and all applicable state and federal requirements; b. Consistent with the minimum standards necessary to meet the projected non- vehicular traffic demand in the area; c. Sidewalks shall maintain a minimum clear width as set forth in the 8/CS Unified Design Guidelines; and d. All sidewalks shall terminate into streets or driveways with ambulatory ramps. S. Timing of Construction Except as set forth below, all required sidewalks must be constructed concurrently with the street, or if the street is already constructed prior to acceptance of all public improvements. a. Residential Subdivisions At the time of final plat application, the subdivider may opt to defer the construction of sidewalks on residential streets along single-family, duplex, or townhouse lots for up to one year from approval of the final plat when the subdivider provides a bond or surety in accordance with Section 8.6 Construction, Guarantee of Performance, and Acceptance of Public Infrastructure. The subdivider shall provide a sidewalk plan with the final plat construction documents and installation of the sidewalks shall comply with this plan. Notwithstanding the foregoing, this provision does not allow the ORDINANCE NO. -In//-.3308 Page 42 deferment of the construction of sidewalks along thoroughfares, sidewalk ramps at all street intersections, and sidewalks along residential streets that are not adjacent to a residential lot such as along a common area, creek crossing, or park. Other pedestrian facilities such as Access Ways and multi- use paths shall be constructed at the same time as the public infrastructure of the plat. b. Fee in Lieu of Construction 1) Fee in Lieu Except for development located within the Northgate zoning districts, a developer may request to pay a fee in lieu of constructing the sidewalk(s) required in this Section upon approval by the Planning and Zoning Commission as set forth below. 2) Amount of Fee The amount of fee in lieu of sidewalk construction shall be a unit cost determined by the City Engineer based upon current estimated costs. The unit cost fee shall be kept on file in the Office of Planning and Development Services and made available to the pubic upon request. The unit cost fee calculation shall be reviewed at least annually by the City Engineer and adjusted as necessary. 3) Criteria to Allow Fee in Lieu The Planning and Zoning Commission may authorize a fee in lieu of sidewalk construction when it determines that one or more of the following conditions exists: (a) An alternative pedestrian way or multi-use path has been or will be provided outside the right-of-way; (b) The presence of unique or unusual topographic, vegetative, or other natural conditions exist so that strict adherence to the sidewalk requirements contained herein is not physically feasible or is not in keeping with the purposes and goals of this UDO or the City's Comprehensive Plan; (c) A capital improvement project is imminent that will include construction of the required sidewalk. Imminent shall mean the project is funded or projected to commence within twelve (12) months; (d) Existing streets constructed to rural section that are not identified on the Thoroughfare Plan with an Estate/Rural context; (e) When a sidewalk is required along a street where a multi-use path is shown on the Bicycle, Pedestrian, Greenways Master Plan; (f) The proposed development is within an older residential subdivision meeting the criteria in Section 8.2.H.2 Platting and Replatting within Older Residential Subdivisions of this UDO; or (g) The proposed development contains frontage on a Freeway/ Expressway as designated by Map 6.6, Thoroughfare Plan- Functional Classification, in the City's Comprehensive Plan. 4) Use of Fee The City Council hereby establishes sidewalk zones as show in the map attached as Figure 1 of this section and which map shall be kept in the Office of Planning and Development Services and made available to the public upon request. Fees collected in lieu of sidewalk construction shall be expended in the sidewalk zone within which the proposed development is located. Fees collected in lieu of sidewalk construction ORDINANCE NO. -20//- 3309 Page 43 shall be used only for construction, reconstruction, or land acquisition costs associated with sidewalks, multi-use paths, and other non- vehicular ways. V/-THE CITY OF COLLEGE --SidewalkZone Map i 14 Q Sidewalk Zones College Station C4 Limits L._ _t College Station ETJ 1 E', Figure i - Sidewalk Zone Map 5) Reimbursement The City may, from time-to-time, acquire land for sidewalks or make sidewalk improvements related to actual or potential development. If this occurs, the City may require subsequent sidewalk obligations to be a fee rather than construction in order to reimburse the City for the cost associated with acquisitions or construction. 6) Fee Due Fees paid pursuant to this Section shall be remitted to the City when the guarantee of construction of public improvements for the proposed development is due or upon commencement of construction, whichever occurs first. 7) Special Fund; Right to Refund All fees received by the City in lieu of sidewalk construction shall be deposited in a fund referenced to the sidewalk zone to which it relates. The City shall account for all fees in lieu of sidewalk construction paid under this Section with reference to the individual development involved. Any fee paid for such purposes must be expended by the City within seven (7) years from the date received by the City. Such funds shall be considered to be spent on a first-in, first-out basis. If not so expended, ORDINANCE NO. //-33G?A5' Page 44 the landowners of the property on the expiration of such period shall be entitled to a prorated refund of such sum. The owners of such property must request a refund within one (1) year of entitlement, in writing, or such refund will be barred. L. Bicycle Facilities 1. General Bicycle facilities are planned and located to provide connectivity to the existing street network, parks, schools, greenways, neighborhoods, and other key destinations; increase safety; and promote health and wellness. 2. Timing Bicycle facilities shall be required in accordance with the Bicycle, Pedestrian and Greenways Master Plan and the BICS Unified Design Guidelines and constructed along with other public infrastructure required pursuant to this UDO. 3. Types of Bicycle Facilities There are at least three (3) types of bicycle facilities that may be required. These types include the following: a. Multi-use Path: a facility completely separated from auto traffic and within an independent right-of-way or within the right-of-way of another public facility; b. Bike Lane: a facility where part of the roadway or shoulder is striped, signed, and marked for exclusive or preferential bicycle use and where vehicular parking is not permitted, unless otherwise specified; and c. Bike Route: a facility designated by signing and sometimes pavement markings to help make motorists aware of the presence of bicycles which share the same area with motor vehicles. 4. Geometric Design Criteria All facilities shall be designed to meet or exceed standards set forth in the "Guide for Development of Bicycle Facilities" published by the American Association of State Highway and Transportation Officials (AASHTO) and the BICS Unified Design Guidelines. Signing and pavement markings for such facilities shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). Geometric design criteria for each type of bikeway facility are as follows: a. Bike Routes Bike routes shall be indicated as follows: 1) The placement of bike route signing and shared lane pavement markings identifies bicycle-compatible streets that will serve as bike routes; 2) A minimum of sixteen-foot (16') of the outer lane of streets measured from the outer lane line to the back of curb shall be required for bike routes. A typical bicycle route street is shown in Figure 1; and 3) Bike route signing should not end at a barrier. Information directing the bicyclist around the barrier should be provided. ORDINANCE NO. - 330 FIGURE 1 SKE ROUTEfBICYCLE COMPATIBLE STREET Lore Line P:o&~ ~ 1 Lane L:'ne T SZ ' 7' Wn, (tmy be reduced in nm- ~i..~~, pedestrian arem) v j • 2' lain. . W Minimum F« collector cnd Ar,.ed Streets b. Bike Lanes Bike lanes shall be as follows: Page 45 1) The bike lane is located within the vehicular roadway in the outside lane and is intended for the exclusive use of bicycles. Bike lanes in the City of College Station must be developed as one-way facilities and carry traffic in the same direction as adjacent motor vehicle traffic; and 2) In general, parking in bike lanes is prohibited. However, parking may be permitted in a bike lane in specific areas during specified times. Where parking in a bike lane is permitted, signs shall be installed to provide notice to bicyclists of when parking is allowed. Parking in a bike lane shall be limited primarily to spillover parking for public uses or events, but parking for non-public uses may also be considered. c. Multi-Use Paths The criteria for multi-use paths is as follows: 1) Multi-use paths should be located primarily in greenways, parks, or occasionally within street rights-of-way. If a multi-use path is to be located in the right-of-way of a street, there should be a minimum of five feet (5) separating the multi-use path from the roadway; 2) The standard width for a two-way multi-use path shall be ten feet (10'). In areas with projected high volumes of use, multi-use paths shall be twelve feet (12') wide; 3) The minimum width of a one-directional bicycle path is five feet (5'). It should be recognized, however, that one-way bicycle paths often will be used as two-way facilities unless effective measures are taken to assure one-way operation. Without such enforcement, it should be assumed that bicycle paths will be used as two-way facilities and designed accordingly; 4) A minimum of three-foot (3') width graded area shall be maintained adjacent to both sides of the multi-use path to provide clearance from trees, poles, walls, fences, guard rails, or other lateral obstructions; and 5) Multi-use paths shall be located in a public access easement of a minimum twenty feet (20') in width. ORDINANCE NO._,&// - Z 9 M. Water Facilities Page 46 All subdivisions shall have access to water supply and distribution systems for adequate fire protection and domestic use. All water mains, distribution and service lines shall be provided to each lot and constructed in accordance with the 8/CS Unified Design Guidelines and all applicable state and federal requirements. Where there is a conflict of standards, the more stringent standard shall apply, as determined by the City Engineer. The City shall accept for public use only water mains, distribution and service lines that comply with these standards for construction. 2. Water mains within the City of College Station Certificate of Convenience and Necessity (CCN) areas shall be extended in accordance with Chapter 11, Utilities, of the College Station Code of Ordinances. 3. Where a subdivision contains a water line as shown on the Comprehensive Plan of the City, such water line shall be designed and installed to maintain continuity in the approximate location as shown, and of the size indicated. 4. Water distribution lines shall be extended from the nearest City approved point of connection to the furthest boundary line of the platted subdivision. For water systems that are not part of the City of College Station's water utility, the subdivider shall provide a letter with the construction documents from the non-City utility that the non-City utility is able to properly serve the proposed subdivision. Construction of all water facilities within a subdivision must comply with the a/CS Unified Design Guidelines. Plans for such systems will be subject to City review and inspection. City involvement with such water system ends at the sanitization of the line. N. Waste Water Facilities 1. All subdivisions shall have access to waste water facilities. All collection mains and service lines shall be provided to each lot and constructed in accordance with 8/CS Unified Design Guidelines and all applicable state and federal requirements. Where there is a conflict of standards, the more stringent standard shall apply, as determined by the City Engineer. The City shall accept for public use only waste water facilities that comply with these standards for construction. 2. Waste water mains within the City of College Station Certificate of Convenience and Necessity (CCN) areas shall be extended in accordance with Chapter 11, Utilities, of the College Station Code of Ordinances. 3. Where a subdivision contains a waste water line as shown on the Comprehensive Plan of the City, such waste water line shall be designed and installed to maintain continuity in the approximate location as shown, and of the size indicated. 4. For waste water systems that are not part of the City of College Station's waste water utility, the subdivider shall provide a letter with the construction documents from the non-City utility that the non-City utility is able to properly serve the proposed subdivision. Construction of all waste water facilities within a subdivision must comply with the 8/CS Unified Design Guidelines. Plans for such systems will be subject to City review and inspection. Waste water lines for these systems that are outside the subdivision are not required to meet City standards. 5. Alternate Waste Water Facilities a. If waste water main extension is exempted as per Chapter 11, Utilities, of the College Station Code of Ordinances or if the subdivision is located outside of the City of College Station CCN or otherwise not served by the City, the subdivider may provide temporary alternative waste water disposal as follows and as may be conditioned by Chapter 11, Utilities, of the College Station Code of Ordinances or otherwise: ORDINANCE NO.. 8!/ -T909 Page 47 1) Organized Waste Water Collection and Treatment System A subdivider may have a proposed subdivision served by a non-City organized waste water collection and treatment system. Such system must be permitted to dispose of wastes by the Texas Commission on Environmental Quality (TCEQ) in accordance with 30 TAC Chapter 305 and obtain approval of engineering, planning and materials for such systems under 30 TAC Chapter 317 from the TCEQ prior to approval of the final plat by the Planning & Zoning Commission. 2) On-Site Sewage Facilities A subdivider may have a proposed subdivision served by on-site sewage facilities as set forth below: (a) On-site facilities which serve single family or multi-family residential dwellings with anticipated waste water generation of no greater than five-thousand (5,000) gallons per day must comply with 30 TAC Chapter 285 and other applicable law; (b) Proposals for sewerage facilities for the disposal of sewage in the amount of five-thousand (5,000) gallons per day or greater must comply with 30 TAC Chapter 317 and other applicable law; (c) The Brazos County Health Department shall review proposals for on-site sewage disposal systems and make inspection of such systems as necessary to assure that the system is in compliance with the Texas Health and Safety Code, Chapter 366 and rule in 30 TAC Chapter 285, and in particular §§285.4, 285.5, and 285.30 - 285.39 and any other applicable rules or regulations within the purview of such department; and (d) In addition to the unsatisfactory on-site disposal systems listed in 30 TAC §285.3(i), pit privies and portable toilets are not acceptable waste disposal systems for lots platted under these rules. b. Sanitary Sewer Master Plan A gravity sanitary sewer master plan shall be designed for subdivisions that contain lots that are two (2) acres and smaller and that utilize alternative waste water disposal methods. This` master plan is required to assure that all lots, at some future date, can be connected by gravity service line to the future sewer collection system. Adequately sized sewer lines shall be provided within the subdivision's sewer master plan such that they conform to the City's Utility Master Plan. All lines designed within this master plan shall meet the BICS Unified Design Guidelines and all applicable state and federal regulations. This master plan shall consist of: verbiage explaining all design assumptions, plan and profile layouts of all future gravity lines to be constructed within the subdivision, and a minimum finished floor elevation established for each lot to assure a connection to the future gravity sewer collection system. All minimum finished floors established by this master plan shall be placed on the respective lots on the final plat. 0. Special Flood Hazard Areas All development encroaching into a FEMA special flood hazard area shall be in accordance with the BICS Unified Design Guidelines, Chapter 13 Flood Hazard Protection Ordinance, and all applicable local, state and federal requirements. Where there is a conflict of standards, the more stringent standard shall apply, as determined by the City Engineer. The City shall only accept improvements for public use that comply with these standards for construction. ORDINANCE NO. ~2wl - o3i3091 P. Drainage Page 48 All drainage shall be in accordance with the 8/CS Unified Design Guidelines, Chapter 13 Flood Hazard Protection Ordinance, and all applicable local, state and federal requirements. Where there is a conflict of standards, the more stringent standard shall apply, as determined by the City Engineer. The City shall only accept improvements for public use that comply with these standards for construction. 2. Rapid conveyance, the phasing of development, the use of control methods such as retention or detention, and/or the construction of off-site drainage improvements as means of mitigation, as provided in the 8/CS Unified Design Guidelines and as may be required and approved by the City. 3. No construction shall impede, constrict, or block, the flow of water in any drainage pathway. 4. Lot Grading a. Lots shall be laid out so as to provide positive drainage away from all buildings. Individual lot drainage shall be coordinated with the general storm drainage for the area. Drainage shall be designed so as to avoid the concentration of storm drainage water from each lot to adjacent developable lots. A subdivision grading plan shall be provided with the construction documents. A general drainage pattern that meets all applicable rules and regulations shall be provided for each proposed block and lot. Subsequent permits for each lot shall comply with the approved grading plan. b. All single-family residential lots must be graded to meet the elevation of adjoining property with positive drainage. Multi-family and non-residential lots shall be graded to match elevations at adjoining properties to provide good access and to minimize the use of retaining walls. Q. Gas or Oil Lines 1. Identification High pressure flammable gas or fuel lines are defined as those which are operated or may be expected in the future to operate at a pressure of over sixty (60) pounds per square inch. High pressure flammable gas or fuel lines, installed on public property, shall be buried with a minimum cover of thirty inches (30"), and shall be marked by an all-weather typed sign, installed at each crossing and at intervals of not more than three hundred feet (300'). The signs shall be installed by the utility company, state that the line is high pressure, identify the utility company name, provide an emergency phone number, and state the type of product or products transported therein. 2. Notification to Utility Company The subdivider shall provide written notification to the utility company regarding any proposed construction over an existing facility or within a utility's easement and provide proof of such notification to the City Engineer. ORDINANCE NO. .20//- 3308 R. Street Lights 1. General Standards Page 49 a. Street lights shall be designed and installed according to the utility standards in effect at the time of subdivision construction or addition thereto. b. The quantity, size, and type of street light pole and fixture shall be selected by the subdivider from the approved City of College Station street light standards. c. The subdivider shall furnish public utility easements for the installation of street lights, with said easements to normally be five feet (S) in width. d. Where underground electric service is provided, all street lighting and site lighting equipment shall be placed underground except for the poles on which the lights are to be affixed. Where overhead electric service is provided, street lighting and site lighting equipment may be placed overhead or underground. 2. Street Light Locations a. Street lights shall normally be required at all street intersections and Access Ways, in cul-de-sacs, and at approximately three hundred feet (300') intervals along tangent streets. b. In Rural Residential subdivisions, street lights are only required at street intersections and at the end of cul-de-sacs greater than three hundred feet (300') in length. The subdivider may request additional street lights at other locations within the subdivision, provided the frequency does not exceed the general subdivision location standards recited above. 3. Installation and Maintenance a. The subdivider or his authorized construction representative shall be responsible for furnishing and installing all street light facilities in accordance with the electric utility's design and specifications and this UDO. All conduit installations shall be inspected prior to acceptance for conformance with the utility specifications. b. Street lights shall be owned and maintained by electric utility provider with Certificate of Convenience and Necessity (CCN) for that area. c. The electric utility provider shall not be responsible for the installation or maintenance of street lights on alleys, private streets or drives. S. Electric Facilities 1. All subdividers shall ascertain which electric utility is certificated to serve the proposed subdivision. The electric utility design and facilities must meet all applicable City ordinances. 2. The electric utility will design the electrical system to all lots within a subdivision 3. All electric utility service shall be installed underground in all subdivisions. All lateral electric lines and service lines supplying electric utility service shall be placed underground except Rural Residential subdivisions may have lateral electric lines and service lines supplying electric utility service placed overhead. 4. Overhead feeder lines may be placed in the following locations: a. Along the perimeter of a platted subdivision; b. Adjacent to or within the right-of-way of thoroughfares identified on the current Thoroughfare Plan of the City of College Station and approved for the location of overhead utilities; and ORDINANCE NO. .20/1- -RaDA Page 50 c. Within alleys or dedicated easements identified for the location of aerial utility feeder lines on the approved subdivision plat. 5. The subdivider shall dedicate public utility easements upon forms approved by City for the installation of electric utilities. All liens and other ownership interests shall be subordinated to the easement use. 6. Where electric service is placed underground, all auxiliary equipment for such service, including but not limited to transformers, junction enclosures and switching devices, shall be pad-mounted on grade or shall be placed underground. 7. Where the electric service is placed underground, all street lighting and site lighting equipment shall be placed underground except for the poles on which the lights are to be affixed. The City or the electric utility shall not be responsible for the installation or maintenance of street lights on alleys, private streets or drives. 8. The subdivider shall be responsible for the costs and installation of all conduit needed for underground feeder, lateral, and service lines utilized to provide electric utility service to the subdivision. The developer of a platted lot shall be responsible for the costs and installation for the service conduit for such platted lot. The specifications for the conduit shall be provided by the electric utility prior to installation. All conduit installations shall be inspected prior to acceptance for conformance to utility specifications. 9. Temporary utility service may be provided via overhead line extension. 10. The subdivider shall contact the appropriate electric utility provider to determine any additional requirements. T. Monuments and Corner Markers 1. All block corners, angle points and points of curves, and all corners of boundary lines of subdivisions shall be marked with a one-half inch (1/2") steel rod, two feet (2') in length, set in the center of a concrete monument six inches (6") in diameter and thirty inches (30") deep, with the top flush with the finished ground surface. 2. Where, due to topographic conditions, permanent structures or other conditions, the view is obstructed between any two (2) adjacent monuments, intermediate monuments shall be set as to assure a clear view between adjacent monuments. 3. Corner markers, consisting of a one-half inch (1/2") steel rod or three-fourths inch (3/4") pipe, two feet (2') in length, shall be driven flush with the ground surface to mark the corners of all lots. U. Owners Associations for Common Areas and Facilities 1. A Homeowners Association or Property Owners Association ("Owners Association") shall be established with direct responsibility to, and controlled by, the property owners involved to provide for operation, repair and maintenance of all common areas, fences, walls, gate equipment, landscaping, and all other common facilities, including private streets and sidewalks, which are part of the subdivision (the "Common Facilities"). 2. The Owners Association shall prepare and file for record a legal instrument establishing a plan for the use and permanent repair and maintenance of the Common Facilities and demonstrating that the association is self-perpetuating and adequately funded to accomplish its purpose and shall provide that the Owners Association hereby unconditionally and irrevocably agrees to indemnify, defend and hold the City and the City's officials, agents, employees and contractors harmless, from and against any loss, liability, demand damage, judgment, suite, claim deficiency, interests, fee, charge, cost or expense (including, without limitation, interest, court cost and penalties, attorney's fees and disbursement and amounts paid in settlement, or liabilities resulting from any charge in federal, state or local law or regulation or interpretation hereof) of whatever nature, even when ORDINANCE NO. AIDII - A-3DR Page 51 caused in whole or in part by the City's negligence or the joint or concurring negligence of the City and any other person or entity, which may result or to which the City and/or any of the City's officials, agents, employees and contractors may sustain, suffer, incur or become subject to in connection with or arising in any way whatsoever out of the maintenance, repair use or occupation of the Common Facilities, or any other activity of whatever nature in connection therewith, or arising out of or by reason of any investigation, litigation or other proceedings brought or threatened, arising out of or based upon the operation, management, maintenance, repair and use of the Common Facilities, or any other activity in the subdivision. V 3. The budget for the Owners Association shall include a fund reserved for the repair and maintenance of Common Facilities in the amount approved by the city staff. Private Streets and Gating of Roadways General Requirements The following applies to platting of roadways: a. Gating of a public roadway is prohibited. b. Streets required to meet block length, block perimeter, or street projection requirements shall not be private or gated. c. Private driveways are considered public roadways for the purpose of gating requirements herein. d. Vehicular access shall be provided on all private and public roadways at all times for police, fire, city inspection, mail delivery, garbage pickup, dial-a- rides, utility, school buses, and other health and safety related vehicles. Access must not require drivers to exit their vehicle. e. A private street may not cross an existing or proposed public thoroughfare as shown on the City's Thoroughfare Plan. A private street may not disrupt or cross an existing or proposed public park or pedestrian pathway as shown on the Bicycle, Pedestrian and Greenways Master Plan. f. The gate design and implementation shall be such that it does not pose a threat to public health, safety and welfare as determined by the City. 2. Owners Association Requirements a. All property owners within an existing residential area that is proposed to be gated or have private streets shall agree to become members of an operative Owners Association. b. The legal instrument establishing the Owners Association must provide for a street maintenance agreement and reserve fund as well as written permission for the City's access to the subdivision all of which must be submitted for approval by the City Attorney prior to the submission of the final plat. c. The City must have access to private roadways at any time without liability when on official business. This includes permission to remove obstructions including any gate and guard (house) upon non-compliance by the Owners Association of any terms of this ordinance or as necessary for the emergency vehicle access. In the event the City must remove obstructions to access the development, the Owners Association will be assessed all costs substantially associated therewith. d. In the event the City deems that substantial repairs to private street(s) within a gated community are necessary in order to ensure safe access and passage for emergency service vehicles, the City will notify the Owners Association and a public hearing before the City Council will be set for input on the projected ORDINANCE NO..2911- 3,49.9 Page 52 repairs. Should the Owners Association fail to provide the satisfactory repairs deemed necessary in a time frame set by the City at the public hearing, then the City will make the necessary repairs and assess the Owners Association all costs borne by the City in repair of the private street(s). Should the Owners Association fail to reimburse the City within 90 days, the Owners Association shall be subject to lien and possibly foreclosure of all assets including but not limited to the maintenance reserve fund. 3. Geometric Design Guidelines The following applies to the design of private roadways: a. Private streets shall be constructed to public street standards but located within a common area, private right-of-way, or private access easement. b. The gate(s) may not be placed on a public right-of-way or easement. c. All gate mechanical or manual operating functions shall meet Fire Department requirements and provide passage with unobstructed vertical clearance. d. The throat depth for a gated entry way shall meet the following requirements (Ref. Figures 1 & 2): 1) A minimum of twenty feet (20') for one (1) residential single-family lot. 2) A minimum of sixty feet (60') for up to twenty-five (25) single-family lots. 3) A minimum of one-hundred feet (100') for twenty-six (26) single-family lots or greater. e. Gated entry ways shall provide adequate access for pedestrians and bicycles. f. Gated entry ways to subdivisions shall provide adequate turnaround areas for vehicles that are denied access in order to prevent backing into a public street. (Ref. Figures 1 & 2) g. The gated entry way driveway pavement widths to subdivisions, for both egress and ingress, shall be a minimum of twenty feet (20') per driveway and are required to provide a minimum four feet (4') center median. (Ref. Figures 1&2) h. The gated area shall provide a minimum unobstructed vertical clearance of fourteen feet and six inches (14'-6") from finished roadway surface over the entire width of the entry roadway. i. Public safety elements and signing shall be included in the gate entry way design. 4. Converting Private Streets to Public Streets The following is required when converting private streets to public streets: a. Upon a written request signed by duly authorized Owners Association officers and submitted to the City Council of the City of College Station, dedication of private streets to the public may be accomplished providing the private streets are brought up to City standards for public streets and the City Council has agreed to accept the streets. b. The written request by the Owners Association officers will be accompanied by a petition containing the signatures of the owners of 100% of the existing lots in the subdivision, except when in the public interest. ORDINANCE NO. .2D// - 330JO Page 53 e. All repairs or reconstruction of private streets to City standards must be accepted by the City prior to conversion. All conversion dedication costs will be paid by the Owners Association. 5. Existing Gates Any gate as defined by this Section existing at the time of adoption of these provisions (Ordinance #2280) which has received an approval from either the City or the County is deemed exempt from the requirements of this Section except when the City must remove such gates in order to ensure the access for the immediate health, safety, and welfare of the public. The Owners Association responsible for such gate assumes all costs associated therewith. Siding Gates fmin.) Key Pad Box ' ' / 4 -6 Above Roadway Fini nd Fa e of h d G d NOTE; s e ra e a c Bax flush with 8ac4 of Curb. AI Dimeac r e to Face nle th erwi V ratetl. FROhf RD'N: MINIMUM Ai R O. 2O 2 E SINGLE FAMILY ILY RESIDENTIAL /i (min,) ' 20' one SF lot 60' 25 or Less SF lots 25' min. Rod us 4 100 26 qr More SF lots MEDIAN ' (ra' :3 B.B. 25 min. Radius Throat -s L_~ _ Lenghl Public Street I R.O.W'.-FIGURE 1 Hinged / Galas i "Rey Pad Box Max. 4' -6' Above Roadway NOTE: All Dimensions are Face:. m Finished Grade and Face of Be. Flush with Back of Curb. .A to Face unless otherwise] M NI UM DISTANCE FROM ROW noted. ' I M : ' \ SINGLE FAMILY RESIDENTAL 20 20 ' " 20 one SF lot f L SF l 0' 25 t o ess o s 6 °'o' min. 4• 100' 26 or Marc SF lots Radius MEDIAN ' \ j (min.) B.B. min. 25 Radus Throat ~ Lenghl s A Public Street I R.0.Yl.J FIGURE 2 ORDINANCE NO.. Z//- $DP Page 54 8.3 General Requirements and Minimum Standards of Design for Subdivisions within the City of College Station Extraterritorial Jurisdiction The following sets forth standards of design for subdivisions situated within the City of College Station Extraterritorial Jurisdiction: A. Reserved Strips and Tracts Prohibited A plat shall not provide reserved strips or tracts of land. In addition, the effect of phasing of a plat, provision of common area or other land or easement shall not unnecessarily restrict access to land, right-of-way, or easements dedicated or intended to be dedicated to the public by the subject plat or adjacent developments. B. Technical Standards All public infrastructure shall be designed and constructed in accordance with the Bryan/College Station Unified Design Guidelines, Bryan/College Station Unified Technical Specifications, Bryan/College Station Unified Construction Details and all other applicable local, state, and federal requirements. Hereafter, these documents shall be referred to collectively as the "B/CS Unified Design Guidelines." Where there is a conflict of standards, the more stringent standard shall apply, as determined by the City Engineer. C. Streets 1. Streets on the Thoroughfare Plan Where a subdivision encompasses or is adjacent to a thoroughfare, as shown on the Thoroughfare Plan of the City, the thoroughfare shall be constructed and included in the subdivision plat to maintain continuity in the approximate location as shown. 2. Relation to Adjoining Street System a. Where there is an existing street adjacent to or through the area to be subdivided, the necessary street intersections to the existing street shall be constructed. b. Existing and planned streets in adjacent or adjoining areas shall be continued in alignment therewith. c. When land is subdivided into larger parcels rather than ordinary building lots, such parcels shall be arranged so as to allow for the opening of future streets and logical further subdivisions. 3. Street Projections a. Where adjoining areas are not platted, the subdivision shall provide street projections to such areas by projecting a public street: 1) In each cardinal direction around the proposed subdivision; 2) At intervals no fewer than the maximum block length along the perimeter boundary of the subdivision; and 3) To provide street connection or street frontage to land locked tracts that do not otherwise have frontage to a public street. 4. Adequate Street Access a. One external street connection is required for a street serving as roadway access for thirty (30) or fewer lots. b. When there are more than thirty (30) lots to be served by external street connections, a minimum of two (2) street connections to external paved public streets shall be required. The Commission may allow a Remote Emergency ORDINANCE NO. 2011- ,3.3DJ* Page 55 Access where development phasing or constraints of the land prevent the provision of a second street connection. Notwithstanding the foregoing, two (2) street connections to external paved public streets shall be required when one hundred (100) or more lots are served. c. Three (3) street connections to external paved public streets may be required by the Commission when two hundred (200) or more lots are served. d. Where more than one external street connection is required, at least one external street connection shall not be located over a potential hazard such as a high-pressure gas line or a creek where the 100-year floodplain overtops the street, regardless of its classification. 5. Intersections In addition to the 8/CS Unified Design Guidelines, proposed street intersections shall meet the minimum spacing and requirements of the Access Management and Circulation section in Article 7 General Development Standards of this UDO. 6. Dead-End Streets Dead-end streets shall be prohibited except short stubs to permit future extension. Temporary turnarounds shall be required for stubs in length of more than one- hundred feet (100') or the depth of one lot, whichever is less. 7. Cul-de-Sacs Cul-de-sacs shall not exceed seven-hundred and fifty feet (750') in length. The length of a cul-de-sac is measured along the centerline of the cul-de-sac street from the center of the bulb to the edge of the nearest intersecting through street right-of-way. 8. Geometric Standards, Street Design Criteria Streets shall be designed and constructed in accordance with the 8/CS Unified Design Guidelines with the following modifications: a. Local streets shall be constructed to the rural residential street standards with a minimum right-of-way width of seventy feet (70'); and b. All thoroughfares, regardless of classification, shall be constructed to the rural collector standard with a minimum right-of-way width of one-hundred feet (100') or larger if the thoroughfare classification requires additional right-of- way width. 9. Existing Substandard Street Right-of Way a. Whenever an existing right-of-way is within or adjacent to a proposed subdivision and such right-of-way width is substandard, the additional width for the street shall be dedicated. For development occurring on only one side of such a roadway, the amount dedicated shall generally equal one-half (1/2) of the deficiency in width based on the classification and type of street, as measured from the existing centerline of the right-of-way. If the parcel(s) on the opposite side of the right-of-way previously dedicated a portion, the proposed plat shall dedicate the remaining width. If the opposite side of the right-of-way has a permanent constraint such as a railroad right-of-way or conservation easement, the full width of the deficiency may be required. b. The Administrator may reduce, increase, or eliminate the amount of right-of- way dedication based on design considerations, existing development on adjacent properties, and dimensions of the proposed subdivision or plat. ORDINANCE NO. 20V-,2 309 Page 56 c. Notwithstanding the foregoing, additional right-of-way dedication is not required for Amending Plats. 10. Street Names and Addresses a. Proposed streets that are extensions of existing streets shall bear the name of the existing street, unless otherwise recommended by the Administrator. b. New streets shall be named to prevent conflict or confusion with identical or similar names in the City, Brazos County 911 district, or the City's Extraterritorial Jurisdiction (ETJ). c. Streets shall not be named after any living person. d. A proposed street name may be disapproved if it too closely approximates phonetically the name of an existing street, is too difficult to pronounce, or carries undesirable meanings or connotations. D. Alleys Public alleys are prohibited in the extraterritorial jurisdiction. E. Blocks 1. In order to provide a public street network that is complimentary to the Thoroughfare Plan and that ensures uniform access and circulation, block length shall not exceed one-thousand and five-hundred feet (1,500'). 2. If a plat is not bounded by a public through street or other qualifying break to block length then the block length measurement shall continue to extend each way beyond the plat along the public through street until the nearest intersecting through street or qualifying break to the block is reached. 3. Block length shall not require a new street to enter the face of a block when the surrounding area of the block is subdivided so that a through movement is not possible or a new block cannot be created. F. Lots 1. Lots shall be identified in numerical order within a block. 2. Lots shall be a minimum of one (1) acre in size. 3. Lots shall be at least one-hundred feet (100') in width as measured at the street; except for lots around the bulb of a cul-de-sac shall be at least seventy-five feet (75') in width. 4. Lots established for special purposes such as common area, open space, parkland, floodplain, drainage, utilities, or other similar facilities shall be uniquely named and are not required to meet the minimum lot size or lot width. 5. Side lot lines shall be substantially right angle to straight right-of-way or radial to the curved right-of-way. 6. Lots shall be laid out so as not to cross municipal, county, school district, or utility service area boundaries. G. Easements 1. Utility Easements a. Minimum Utility Easements Utility easements not less than sixteen feet (16') in width shall be provided along the front of all lots on each side of a street. Where the front easement is impractical on one side of the street, a utility easement no less than twenty ORDINANCE NO._,~201/- 301,' Page 57 feet (20') in width shall be provided on the other side of the street. Utility easements ten feet (10') in width shall be required along the side and rear of all lots. b. Additional Utility Easements Additional utility easements or additional easement width other, than as described above may be required by the City Engineer or 8/CS Unified Design Guidelines based on the number, size, configuration or depth of existing, proposed or anticipated utilities. Where the proposed subdivision adjoins an unplatted area or future phase of the subdivision, the City Engineer may require twenty foot (20') width of easement along the rear of lots adjoining the unplatted area or ten feet (10') in width along the boundary of the subdivision or subdivision phase. 2. Off-Site Easements All easements outside the boundaries of a plat that are necessary for the installation of public infrastructure to serve the subdivision or development plat shall be acquired by the applicant and conveyed by an instrument approved by the City Attorney. H. Access Ways Public Access Ways are prohibited in the extraterritorial jurisdiction. 1. Sidewalks Public sidewalks are prohibited in the extraterritorial jurisdiction. J. Bicycle Facilities Public bicycle facilities are prohibited in the extraterritorial jurisdiction. K. Water Facilities 1. All subdivisions shall have access to water supply and distribution systems for adequate fire protection and domestic use. All water mains, distribution and service lines shall be provided to each lot and constructed in accordance with the BICS Unified Design Guidelines and all applicable state and federal requirements. Where there is a conflict of standards, the more stringent standard shall apply, as determined by the City Engineer. 2. Water mains within the City of College Station Certificate of Convenience and Necessity (CCN) areas shall be extended in accordance with Chapter 11, Utilities, of the College Station Code of Ordinances. 3. Where a subdivision contains a water line as shown on the Comprehensive Plan of the City, such water line shall be designed and installed to maintain continuity in the approximate location as shown, and of the size indicated. 4. Water distribution lines shall be extended from the nearest City approved point of connection to the furthest boundary line of the platted subdivision. 5. For water systems that are not part of the City of College Station's water utility, the subdivider shall provide a letter with the construction documents from the non-City utility that the non-City utility is able to properly serve the proposed subdivision. Construction of all water lines within a subdivision must comply with the 8/CS Unified Design Guidelines. Water lines for these systems that are outside the subdivision are not required to meet City standards. ORDINANCE NO. ~GII/- _330 L. Waste Water Facilities Page 58 Private Septic Systems On-site sewage disposal systems (private septic systems) shall be designed to and meet all requirements of the County Health Department. These systems shall be licensed through the same agency and the license shall be kept current. A note shall be provided on the plat indicated such as above. 2. Gravity Sanitary Sewer System Gravity Sanitary Sewer Systems shall be in accordance with the 8/CS Unified Design Guidelines and all applicable state and federal requirements. M. Special Flood Hazard Areas All FEMA special floodplain hazard areas shall be according to the requirements, jurisdiction, and enforcement of the applicable county regulations. N. Drainage 1. All drainage shall be in accordance with the 8/CS Unified Design Guidelines and all applicable local, state and federal requirements. Where there is a conflict of standards, the more stringent standard shall apply, as determined by the City Engineer. 2. Rapid conveyance, the phasing of development, the use of control methods such as retention or detention, and/or the construction of off-site drainage improvements as means of mitigation, as provided in the 8/CS Unified Design Guidelines and as may be required and approved by the City. 3. No construction shall impede, constrict, or block, the flow of water in any drainage pathway. 4. Lot Grading Individual lot drainage shall be coordinated with the general storm drainage for the area. Drainage shall be designed so as to avoid the concentration of storm drainage water from each lot to adjacent developable lots. A subdivision grading plan shall be provided with the construction documents. A general drainage pattern that meets all applicable rules and regulations shall be provided for each proposed block and lot. 0. Gas or Oil Lines 1. Identification High pressure flammable gas or fuel lines are defined as those which are operated or may be expected in the future to operate at a pressure of over sixty (60) pounds per square inch. High pressure flammable gas or fuel lines, installed on public property, shall be buried with a minimum cover of thirty inches (30"), and shall be marked by an all-weather typed sign, installed at each crossing and at intervals of not more than three hundred feet (300'). The signs shall be installed by the utility company, state that the line is high pressure, identify the utility company name, provide an emergency phone number, and state the type of product or products transported therein. 2. Notification to Utility Company The subdivider shall provide written notification to the utility company regarding any proposed construction over an existing facility or within a utility's easement and provide proof of such notification to the City Engineer. P. Street Lights Public street lights are prohibited in the extraterritorial jurisdiction. ORDINANCE NO._,;20// - ??09 Page 59 Q. Electric Facilities 1. All subdividers shall ascertain which electric utility is certificated to serve the proposed subdivision. 2. Electric utility facilities may be installed underground or overhead. 3. The subdivider is responsible for contacting the appropriate electric utility provider to determine any additional requirements. R. Monuments and Corner Markers 1. All block corners, angle points and points of curves, and all corners of boundary lines of subdivisions shall be marked with a one-half inch (1/2") steel rod, two feet (2') in length, set in the center of a concrete monument six inches (6") in diameter and thirty inches (30") deep, with the top flush with the finished ground surface. 2. Where, due to topographic conditions, permanent structures or other conditions, the view is obstructed between any two (2) adjacent monuments, intermediate monuments shall be set as to assure a clear view between adjacent monuments. 3. Corner markers, consisting of a one-half inch (1/2") steel rod or three-fourths inch (3/4") pipe, two feet (2') in length, shall be driven flush with the ground surface to mark the corners of all lots. S. Owners Associations for Common Areas and Facilities 1. A Homeowners Association or Property Owners Association ("Owners Association") shall be established with direct responsibility to, and controlled by, the property owners involved to provide for operation, repair and maintenance of all common areas, fences, walls, gate equipment, landscaping, and all other common facilities, including private streets and sidewalks, which are part of the subdivision (the "Common Facilities"). 2. The Owners Association shall prepare and file for record a legal instrument establishing a plan for the use and permanent repair and maintenance of the Common Facilities and demonstrating that the association is self-perpetuating and adequately funded to accomplish its purpose. T. Private Streets and Gating of Roadways 1. Gating of a public roadway is prohibited. 2. Streets required to meet block length or street projection requirements shall not be private or gated. 3. A private street may not cross an existing or proposed public thoroughfare as shown on the City's Thoroughfare Plan. A private street subdivision will not disrupt or cross an existing or proposed public park or pedestrian pathway as shown on the Bicycle, Pedestrian and Greenways Master Plan. 4. Private streets shall be constructed to public street standards but located within a common area, private right-of-way, or private access easement. 5. All other private or gated street requirements shall be according to applicable county regulations. U. City Participation The City will not participate in the cost of the subdivision or utilities outside the City limits, including garbage collection and street maintenance except for utilities dedicated to the City of College Station with a Development Agreement. Such utility service shall be in accordance with City Council Resolution #2-9-2006-13.04 (as amended) Regarding the Extension of Water and Sewer Utility Services to Properties within the Extraterritorial Jurisdiction (ETJ). ORDINANCE NO. ill -2--M 8.4 Waiver of Subdivision Standards Page 60 A. The Commission may authorize a waiver from the regulation when, in their opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the Commission shall prescribe only conditions that it deems not prejudicial to the public interest. In making the findings hereinbefore required, the Commission shall take into account the nature of the proposed use of the land involved, the existing use of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, the possibility that a nuisance will be created, and the probable effect of such waiver upon traffic conditions and upon public health, convenience, and welfare of the vicinity. No waiver shall be granted unless the Commission finds: 1. That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter will deprive the applicant of the reasonable use of his land; 2. That the waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant; 3. That the granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this chapter; and 4. That the granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this UDO B. Such findings of the Commission shall be incorporated into the official minutes of the meetings at which such waiver is granted. Waivers may be granted only when in harmony with the general purpose and intent of this UDO so that public health, safety, and welfare may be secured and substantial justice done. C. Waiver from Water Flow Requirements A waiver to fire flow provisions set out in the Water Facilities standards contained in this UDO is prohibited. D. Waiver from Lot Size A waiver to lot size provisions set out in the Extraterritorial Jurisdiction Standards contained in this UDO is prohibited. ORDINANCE NO. e2-0!/-33D8 Page 61 EXHIBIT "K" That Chapter 12, "Unified Development Ordinance," Section 8.6, "Construction, Guarantee of Performance, and Acceptance of Public Infrastructure," of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: 8.6 Construction, Guarantee of Performance, and Acceptance of Public Infrastructure Construction of private improvements is prohibited until the requirements for constructing or guaranteeing construction of public infrastructure are met as set forth herein. A. Construction 1. Development Permit Upon approval of the construction documents by the City Engineer and upon issuance of a Development Permit, the subdivider may proceed with the construction of public infrastructure. Neither the developer nor the contractor nor the subcontractor shall make a connection to or tap into the City water distribution system, electric system, or sanitary sewer system until this requirement is met. The developer shall furnish all necessary materials to make the final tap or connection. 2. Letter of Completion and Acceptance When the developer constructs the required public infrastructure, all such construction shall be inspected while in progress, by the City, and must be approved upon completion by the City Engineer. A Letter of Completion will be issued by the City Engineer when: a. The construction conforms to the approved plans and the Bryan/College Station Unified Design Guidelines and the Bryan/College Station Unified Technical Specifications and all applicable city, state and federal regulations; b. The developer provides construction red-lined record drawings signed by the contractor acceptable to the City Engineer that contain the following attestation: "I, General Contractor for development, certify that the improvements shown on this sheet were actually built, and that said improvements are shown substantially hereon. I hereby certify that to the best of my knowledge, that the materials of construction and sizes of manufactured items, if any are stated correctly hereon." General Contractor c. The developer and his agent/contractor, if applicable, signs the Letter of Completion which furnishes the City a written guarantee that all workmanship and materials shall be free of defects for a period of one (1) year from the date of acceptance by the City Engineer; and d. Off-site easements relating to the public infrastructure have been recorded, or are presented to the City and acceptable to be recorded. 3. Upon completion by the developer, and formal acceptance by the City of the public infrastructure required to be completed by the developer, they shall become the property of the City of College Station, Texas. ORDINANCE NO.,&// - -3308 B. Guarantee of Performance Page 62 1. In lieu of the obligation to construct public infrastructure as set forth above, the developer may elect to file security guaranteeing construction of the same in order to obtain final plat approval and to commerce construction of private improvements. This may be accomplished in one of the following two (2) ways: a. Performance Bond The developer may file with the City Engineer a bond executed by a surety company holding a license to do business in the State of Texas, in an amount acceptable to the City Engineer of the City of College Station, and in a form approved by the City Attorney. The developer shall state in writing a timeframe acceptable to the City by when such public improvements will be complete; or b. Letter of Credit The developer has filed with the City Engineer an irrevocable letter of credit, in a form approved by the City, signed by a principal officer of a local bank, local savings and loan association, or other financial institution, acceptable to the City, agreeing to pay to the City of College Station, on demand, a stipulated sum of money to apply to the estimated cost of installation of all improvements for which the developer is responsible under this Section. The guaranteed payment sum shall be the estimated costs and scheduling as prepared by the developer's engineer and approved by the City Engineer. The letter shall state the name of the subdivision and shall list the improvements which the developer is required to provide. 2. If one (1) of the two (2) types of security is filed by the developer and accepted by the City as described above, the City Engineer shall inspect and approve the construction of public improvements in accordance with the requirements of this UDO when same occurs. If the developer fails to properly construct some or all required public improvements, the City Attorney shall, on direction of the City Council, proceed to enforce the guarantees provided in this Section. 3. The City Engineer may extend the period of time by when completion of public improvements is to occur regardless of time periods that may be iterated elsewhere in this UDO. Such extension of time shall be granted upon a showing of good cause and shall be reported to the Commission and recorded in the minutes. No such extension shall be granted unless security, as provided herein, has been provided by the developer covering the extended period of time and provided that such extension does not jeopardize the general public health, safety, and welfare. kkduia,a~.e.. o. 2s t(- 3 3 c 8 EXHIBIT "L" That Chapter 12, "Unified Development Ordinance," Section 11.2, "Defined Terms," of the Code of Ordinances of the City of College Station, Texas, is hereby amended by amending said Section by adding, revising, or deleting the following terms alphabetically to or from the Section: New Defined Terms Added Block Length: A measurement of the linear distance of land along a Blockface that is bounded on both ends by public through streets or by a combination of a public through street, Public Way, railroad, or 100-year floodplain. As such, gated streets, private streets, cul-de-sacs, alleys, private driveways, or Access Ways do not divide land into separate Blockfaces. h Through Sbeet ° w r. ti ha Through Street Block Perimeter: A measurement of the linear distance of land around the outside edge of a block, which is a total of the Blockfaces for each block. For measurement, the point of origin and end point are the same location. Plan, Preliminary: A conceptual plan of a subdivision intended for planning purposes showing the location and boundaries of individual parcels of land subdivided into lots, with streets, alleys, easements, etc., generally drawn to scale and meeting the requirements of this UDO but not intended for final action in recordable form filed with the applicable county records. Public Way: A Public Way provides circulation and through movement similar to a public street but is a privately maintained drive, constructed to certain street standards, and granted unrestricted access via a public access easement. The drive shall be designed to the geometric design, construction standards, and driveway spacing of a Commercial Street according to the Bryan/College Station Unified Design Guidelines with the following modifications. A Public Way shall have a minimum pavement structure constructed to City's fire lane standards, a minimum drive width of twenty-four feet (24') back-to-back when no parking is provided, and a minimum horizontal curve radius of two hundred feet (200'). No head-in parking is permitted but parallel parking is allowed if the drive is widened an additional ten feet (10') for each row of parallel parking provided. Parking on the drive may count toward the minimum off-street parking requirements of this UDO. Five-foot (5') sidewalks shall be provided on each side of the drive and placed a minimum three feet (3') from the back of curb. The public access easement shall be a ORDINANCE NO. ZI/ - _95V9 Page 64 minimum of forty feet (40') in width or wider to incorporate the entire width of the pavement section and sidewalks on each side. Remote Emergency Access: An emergency access consists of a semi-permanent all-weather surface according to the City of College Station Site Design Standards. An access is remote when the two access points are placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between the points. Subdivision, Rural Residential: A subdivision that is predominately single-family lots and where one (1) acre is the minimum lot size of the base zoning district. Included are developments where lots are clustered to smaller than one (1) acre as permitted by the zoning district and/or the cluster development provision. Existino Defined Terms Revised Access Way: An Access Way consists of a minimum fifteen foot (15') wide public access easement or public right-of-way. A minimum five-foot (5') sidewalk shall be constructed in the center of the Access Way, except where the Access Way provides connection to a multi-use path, a minimum eight-foot (8') sidewalk shall be provided. Block: A tract or parcel of designated as such on a duly recorded plat. Blocks are surrounded by streets or a combination of streets and other physical obstructions such as a railroad or 100-year floodplain. Plat: A map of a subdivision intended to be filed for record with the applicable county records showing the location and boundaries of individual parcels of land subdivided into lots, with streets, alleys, easements, etc., drawn to scale; includes a final plat, replat, amending plat, minor plat, development plat, and vacating plat meeting the requirements of this UDO. Existino Defined Terms Deleted Plat, Major: A subdivision involving five or more lots which may or may not front on an existing street and may or may not require the creation of any new street or the extension of municipal utilities. Subdivision, Major: Any subdivision of land not considered a minor subdivision.