Pleasanton, TX Code of Ordinances

CHAPTER 152:  SUBDIVISIONS
Section
   152.01   Authority
   152.02   Purpose
   152.03   Interpretation and conflict
   152.04   Adoption of legislative grant of power
   152.05   Definitions
   152.06   Scope and jurisdiction
   152.07   Application
   152.08   Processing procedure
   152.09   General requirements and standards
   152.10   Survey requirements
   152.11   Reservations
   152.12   Variances
   152.13   As-built drawings
   152.14   Access regulations
   152.15   Legal provisions
 
   152.99   Penalty
   Appendix A:   Rates and fees
   Appendix B:   Concept plan
§ 152.01  AUTHORITY.
   This chapter is adopted under the authority of the Constitution and laws of the State of Texas, including Tex. Loc. Gov't Code, §§ 212.001 to 212.018, the provisions of Tex. Loc. Gov't Code, § 42.021 and City of Pleasanton City Charter Art. III, § 1.
(Ord. 1252, passed 1-22-2004)
§ 152.02  PURPOSE.
   The City Council of the City of Pleasanton does hereby adopt the following regulations to hereafter control the subdivision of land within the corporate limits of the City of Pleasanton and within the extraterritorial jurisdiction thereof, in order to provide for the safe, orderly and healthful development of the community and to secure adequate provision for traffic, light, air, recreation, transportation, water, drainage, sewage and other public facilities. This purpose is to be promoted by provisions designed to:
   (A)   Restrict or prohibit subdivision of lands for uses which are dangerous to health, safety or property in times of flood or which, with anticipated improvements, will cause excessive increases in flood heights or velocities;
   (B)   Protect individuals from buying lands, which are unsuited for intended purposes because of flood hazards by prohibiting the subdivision of unprotected flood hazard lands, requiring that flood hazard areas be delineated on the final plat, areas not suitable for development be subject to deed restrictions;
   (C)   Guide and assist the developers in correct procedures to be followed and to inform them of the general standards, which shall be required;
   (D)   Protect the public interest by controlling the location, design, class and type of streets, drainage, sidewalks, utilities and essential services required; and
   (E)   Provide for the public welfare those essential areas required for educational, recreational, industrial and commercial purposes.
(Ord. 1252, passed 1-22-2004)
§ 152.03  INTERPRETATION AND CONFLICT.
   In the interpretation and application, the provisions of this chapter shall be deemed to be minimal in nature and whenever principals or requirements of any other applicable revisions of the code of ordinances of the City of Pleasanton, Atascosa County, Texas are higher or more restrictive, the later shall control.
(Ord. 1252, passed 1-22-2004)
§ 152.04  ADOPTION OF LEGISLATIVE GRANT OF POWER.
   The Tex. Loc. Gov't Code, §§ 212.001 thru 212.018 and any amendments thereto are hereby adopted. Adoption of this chapter grants the City of Pleasanton, Texas those powers contained in the designated sections of the Local Government Code and in accordance with the provisions of Charter Art. III of the City of Pleasanton, Texas and any amendments thereto.
(Ord. 1252, passed 1-22-2004)
§ 152.05  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALLEY.  A minor public right-of-way which provides a secondary means of vehicular access to abutting property and which is used primarily for vehicular traffic to the rear or side of properties which otherwise abut on a public street.
   BLOCK.  A tract or parcel of land designated as such on a duly recorded plat which may be entirely surrounded by public streets or by combination of public streets and public parks, cemeteries, railroad rights-of-way or natural or humanmade physical features that disrupt what would otherwise be an unbroken landscape (for example, ditches, gullies, ridges and the like).
   BUILDING.  Any structure which is built for the support, shelter or enclosure of persons, animals, chattels, machinery, equipment or movable property of any kind.
   BUILDING SETBACK LINE.  The line on a plat generally parallel to a property line, indicating the limit beyond which buildings or structures may be erected and the area between a street or property line and the building setback line within which no structure may be permitted.
   CITY.  The City of Pleasanton, Texas.
   CITY ATTORNEY.  The person duly appointed by the City Council as City Attorney.
   CITY COUNCIL.  The duly and constitutionally elected governing body of the City of Pleasanton, Texas.
   CITY ENGINEER.  A registered professional engineer employed or designated by the City Council to provide professional engineering services for and in behalf of the city.
   CITY MANAGER.  The person duly appointed by the City Council as the chief administrative officer of the city.
   CUL-DE-SAC.  A street having but one outlet to another street, and terminated on the opposite end by a vehicular turn-around.
   DEAD END STREET.  A street, other than a cul-de-sac, with only one outlet.
   DOUBLE FRONT LOT.  A building lot, not a corner lot, which has frontage on two streets.
   EASEMENT.  A strip of land reserved for the use of the public by the grantor, usually at the rear or side of lots or parcels of land, in which to install and maintain utility lines, drainage ditches or channels, or for other city or public services; the ownership or title to the land encompassed by the easement being retained by the owner. In granting the EASEMENT, the grantor is in effect vesting the public with authority to control the use of land within the easement and, in exercising that control, the city may specify that no building or part of a building or other permanent structure, in case of a drainage easement, may be located within the limits of the easement.
   EQUIVALENT DWELLING UNIT (EDU).  Basis for establishing equivalency among and within various customer classes based upon the relationship of the continuous duty maximum flow rate in gallons per minute for a water meter of a given size and type compared to the continuous duty maximum flow rate in gallons per minute for a 5/8-inch diameter simple water meter, using American Water Works Association C700-C703 standards. EDU's for water meters are as follows:
 
Meter Size/Type
EDU's
5/8-inch simple
1.0
3/4-inch simple
1.5
1-inch simple
2.5
1-inch simple
5.0
2-inch simple
8.0
3-inch simple
20.0
4-inch simple
50.0
6-inch simple
100.0
 
   EXTRATERRITORIAL JURISDICTION.  Within the terms of Tex. Loc. Gov't Code, § 42.021, the unincorporated area, not a part of any other city, which is contiguous to the corporate limits of the City of Pleasanton, Texas, the outer boundaries of which are measured from the extremities of the corporate limits of the city outward for such distances as may be stipulated in Tex. Loc. Gov't. Code, § 42.021 (at the present time being one mile) in accordance with total population of the incorporated City of Pleasanton, Texas, in which area, the city may enjoin the violation of its Subdivision Control Ordinance.
   FINAL PLAT.  The map or plan of a proposed subdivision to the city in accordance with the procedures set forth by this chapter, for approval by the City Council; and the plat to be prepared in accordance with this chapter.
   FLOODPLAIN.  Any and all land area adjoining the channel of a river, stream, lake, watercourse, marshy area or other drainage element, which has been or may be inundated by storm water runoff. The extent of the FLOODPLAIN shall be determined by the crest of a flood having an average frequency of occurrence of once in 100 years, as established by the Federal Insurance Administration.
   FRONT or FRONTAGE.  That portion of a tract of land which abuts on a public street to which it has direct access.
   LOCAL STREET.  A street whose function is to provide access to abutting residential property within neighborhoods, with all intersections at grade, and not of continuous routing for any great distance so as to discourage heavy, through traffic.
   LOT.  A physically undivided tract or parcel of land having frontage on a public street and which now, or in the future may be, offered for sale, conveyance, transfer, lease or improvement, which is designated as a distinct and separate tract and which is identified by a lot number or tract symbol on a duly approved subdivision plat which has been properly recorded.
   LOT DEPTH.  The length of a straight line connecting the mid-point of the front and rear lot lines.
   LOT WIDTH.  The average length of the front and rear property lines.
   MAY, SHALL.  The word MAY is permissive. The word SHALL is mandatory.
   PAVEMENT WIDTH.  The portion of the surface of a street available for vehicular traffic and, where curbs are laid, the portion between the face of curbs.
   PERSON.  Any individual, association, firm, corporation, governmental agency or political subdivision.
   PLAT.  A map, drawing, chart or plan showing the layout of a proposed subdivision into lots, blocks, streets, parks, school sites, commercial or industrial sites, drainage ways, building lots, easements and alleys; any similar type of plat, which a subdivider submits for approval and a copy of which he or she intends to record in final form.
   PRELIMINARY PLAT.  The first or introductory plat of a proposed subdivision.
   STREET.  A public right-of-way, however designated, which provides vehicular circulation and access to adjacent property.
   SUBDIVIDER.  Any person or persons, firm or corporation subdividing a tract or parcel of land to be sold or otherwise handled for their own personal gain or use; also a developer.
   SUBDIVISION.  A division of any tract of land situated within the corporate limits, or within the extraterritorial jurisdiction of the City of Pleasanton, Texas, in two or more parts for the purpose of laying out a subdivision of the tract of land, including an addition to the city; to lay out suburban lots or building lots, or other lots; or to lay out streets, alleys, squares or parks or other parts of the tract intended to be dedicated for public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks or other parts. A division of a tract under this chapter includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. SUBDIVISION includes the resubdivision and vacation and correction platting, and when appropriate to the context, relates to the process of subdivision or to the land or area subdivided. A SUBDIVISION can also consist of only one lot or tract, platted and filed for record, or two or more lots vacated and replatted as a single lot.
   SURVEYOR.  A licensed state land surveyor or a registered public surveyor, as authorized by state statute to practice the profession of surveying.
(Ord. 1252, passed 1-22-2004)
§ 152.06  SCOPE AND JURISDICTION.
   (A)   Before any plat, or re-plat of land within the corporate limits of the City of Pleasanton or within one its extraterritorial jurisdiction, shall be recorded with the County Clerk, it shall first be reviewed by the City Manager, City Engineer and staff and then approved by the City Council.
   (B)   The filing of any plat, or replat, without complying with the requirements of this chapter, or the transfer of land by filing or any instrument in the nature of a conveyance, without having first complied with the requirements of this chapter, shall be deemed a violation of the provisions of this chapter.
(Ord. 1252, passed 1-22-2004)
§ 152.07  APPLICATION.
   (A)   City Council approval required.
      (1)   It shall be unlawful for any landowner or the agent of any landowner, to layout, subdivide, plat or replat any land into lots, blocks and streets within the jurisdictional limits of the city without the approval of the City Council.
      (2)   It shall also be unlawful for any such owner or agent to offer for sale or to sell any such property therein or thereby which has not been laid out, subdivided, platted or replatted in accordance with this chapter.
   (B)   City improvements to be withheld. The city will make no improvements nor will the city maintain any streets or furnish any public utility service in any addition or subdivision for which approved preliminary and final plats are not on file with the City Secretary and the County Clerk.
   (C)   Building permits withheld unless this chapter is complied with. No street number and no building permit shall be issued for the construction of any building on any piece of property subdivided after the date hereof, unless the property has been subdivided or resubdivided in accordance with this chapter.
(Ord. 1252, passed 1-22-2004)  Penalty, see § 152.99
§ 152.08  PROCESSING PROCEDURE.
   (A)   Filing fees. The schedule of fees and charges to be paid by the subdivider to the City of Pleasanton are contained in Appendix A, § 1. These fees are to be paid prior to conducting a preliminary conference, tendering any plat or plan to the city, and each of the fees and charges provided for in the most recently amended schedule of fees shall be paid in advance. No action of the city shall be valid until the fee shall have been paid to the City of Pleasanton.
   (B)   Preliminary conference. Prior to the official filing of a preliminary plat, the subdivider, his or her planner or their representative should consult with and present a proposed plan of subdivision to the City Manager and City Engineer for comments and advise on the procedures, specifications and standards required by the city for the subdivision of land.
   (C)   Preliminary plat.
      (1)   Required copies and filing deadline. The subdivider shall submit five copies of the preliminary plan of the entire area being subdivided to the Director of Public Works and the City Engineer. If their review finds the plat, with all required documents acceptable, it shall be presented to the City Manager for review.
      (2)   Plat requirements. The plat shall be drawn to scale of one inch equals 100 feet and shall show and be accompanied by the following information:
         (a)   The name of the proposed subdivision, which shall not duplicate an existing or pending subdivision;
         (b)   A complete legal description by metes and bounds of the land being subdivided;
         (c)   The total acreage and total number of lots and blocks within the proposed subdivision;
         (d)   The name of the owner (and address unless given in letter of transmittal). If the owner is a partnership, corporation or entity other than an individual, the name of the responsible individual, such as president or agent must be given;
         (e)   The name of the registered engineer and/or registered public surveyor responsible for preparing the plat;
         (f)   North point: North to be at the top of the sheet if possible;
         (g)   Date: Each revision shall bear a new date;
         (h)   Ownership boundaries shall be drawn in very heavy lines and shall include overall dimensions and bearings;
         (i)   Boundary lines and adjacent right-of-way lines of the proposed subdivision shall be drawn with dashed lines;
         (j)   A tie to an original corner of the original survey of which the land is a part;
         (k)   Name and location of adjacent subdivisions, streets, easements, pipe lines, watercourses and the like, and the property lines and name of adjoining property owners with latest deed record in unsubdivided tracts;
         (l)   Existing topographic and plan metric features within the proposed subdivision, including watercourses, width of existing easements, contour lines at two-foot intervals, and any other physical features pertinent to the subdivision;
         (m)   Existing transportation features within the proposed subdivision including the location and width of rights-of-way, streets, alleys and easements;
         (n)   Proposed features including name of streets; approximate bearing and distances of all lots, location of building lines, alleys and easements; and schematic plans and outline specifications for drainage, sanitary facilities and utilities;
         (o)   Designation of any sites for special uses including churches, sewage disposal plants, water plants, business, industry or other special land uses. If proposed use is unknown, designate as unrestricted. Where a proposed site in the area included with the proposed addition or subdivision is planned for a school, park or public building, the site shall be reserved on the preliminary plat for the-proposed facility;
         (p)   Limits of the 25-year and 100-year floodplain for all waterways draining 50 acres or more;
         (q)   Statement that the preliminary plat conforms to the adopted concept plan; and
         (r)   The City Council establishes the minimum lot size within the city limits to be not less than 6,000 square feet. A statement outlining the estimated average single family lot size and the estimated range of lot sizes by grouping of 6,000 to 7,500 square feet, 7,500 to 9,000 square feet, 9,000 + square feet will also be provided.
      (3)   Director of Public Works and City Engineer to certify information. The Director of Public Works and City Engineer will certify that all of the above, information is on the plat submitted, and incomplete submittals will be returned to the developer prior to submittal to the City Manager.
      (4)   City Manager and City Engineer to review within 30 days. The City Manager and City Engineer shall review the preliminary plat, and within 30 days, act upon the plat as submitted or as modified and, if approved, shall express its approval as "conditional approval" and state the conditions of the approval, if any, or if disapproved, shall express its disapproval and the reasons therefore. At the meeting during which the preliminary plat comes up for review, the party submitting the plat shall appear in person or by agent or by attorney.
      (5)   City Manager to note its action. The City Manager shall note his or her action and conditions, if any, on five copies of the preliminary plat.
      (6)   Distribution of plat copies. Of the five copies, one shall be returned to the subdivider, one shall be filed with the Director of Public Works, one shall be furnished to the Building Official, one shall be furnished to the City Engineer, and one shall be retained by City Hall.
   (D)   Final plat; required copies; filing deadline. The subdivider shall provide one reproducible and ten legible black line copies of the final plat, to the City Manager after the preliminary plat has been approved and all required changes and alterations thereto have been made.
      (1)   Exceptions. No final plat will be considered unless a concept plan and preliminary plat has first been submitted and approved, except:
         (a)   That the requirement for a concept plan may be waived, in writing, by the Director of Public Works if in his or her opinion the proposed subdivision requires no new streets or utilities and has an established land use by either existing zoning or existing development; and
         (b)   When the requirement for a concept plan is waived in accordance with division (D)(1)(a) above, the applicant shall provide a list of adjacent property owners outlined in Appendix B, division (B) and a public hearing shall be held by the City Council in conjunction with its consideration of the preliminary plat.
      (2)   Filing. The final plat shall be filed with the City Manager at least 15 days prior to the meeting at which approval is requested.
      (3)   Annexation. Where land to be subdivided lies outside the existing city limits, a final plat shall be accompanied by a petition for annexation; except where the City Manager determines, in writing, that the city does not wish to annex or is not capable of annexing the subject land at the time the application for final plat approval is requested.
      (4)   Plat requirements. The final plat shall be digitized on sheets 24 inches by 36 inches, and to a scale of one inch equals 100 feet. Where more than one sheet is required, an index sheet shall be filed showing the entire subdivision. The following information will be shown on or will accompany the plat:
         (a)   A title including the name of the subdivision; the name of the landowner or owners; the name of the registered engineer or registered public surveyor responsible for the preparation of the plat; the scale and location of the subdivision with reference to an original corner of the original survey of which the land is a part; the date, North arrow and total acres in the subdivision;
         (b)   The certificate of the registered engineer or licensed surveyor who surveyed, mapped and monumented the land shall be placed on the face of the plat as follows:
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF ATASCOSA
   That I, _______________________, do hereby certify that I prepared this plat from an actual and accurate on-the-ground survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the subdivision regulations of the City of Pleasanton, Texas.
___________________________
Signature and Seal of Registered Engineer or Surveyor
         (c)   A certificate of ownership and dedication to the public of all streets, easements, alleys, parks, playgrounds or other dedicated public uses, signed and acknowledged before a notary public by the owners and any holders of liens against the land and shall be placed on the face of the plat;
         (d)   An accurate on-the-ground boundary survey of the property with bearings and distances and showing the lines of all adjacent land, streets, easements and alleys with their names and width (streets, alleys and lot lines in adjacent subdivision/s shall be shown dashed.). All necessary data to reproduce the plat on the ground must be shown on the plat;
         (e)   A certificate of approval to be signed by the City Engineer shall be placed on the face of the plat;
         (f)   The plat shall show all existing features within the area being subdivided, such as existing watercourses, railroads, width of streets, alleys and easements to be retained and other physical features deemed pertinent to the subdivision;
         (g)   Streets, alleys and easements that are to be dedicated shall be shown with the following engineering data;
         (h)   For streets: complete curve data (delta, length of curve, radius, point of curvature, point of reverse curvature, point of tangency) shown on the centerline or on each side of the street; length and bearing of all tangents; dimensions from all angle points of curve to an adjacent side lot line shall be provided. The number of feet of roadway shall also be shown on the plat;
         (i)   Property facing or adjacent to US and state highways, farm roads, ranch roads, spurs and the like, will include a 20-foot utility easement located parallel to and adjacent to the highway right-of-way;
         (j)   For watercourses and easements: distances to be provided along the side lot lines from the front lot line or the high bank of a stream. Traverse line to be provided along the edge of all large watercourses in a convenient location, preferably along a utility easement if paralleling the drainage easement of stream;
         (k)   Lot and block lines and numbers of all proposed lots and blocks with complete bearings and dimensions for front, rear and side lot lines;
         (l)   Building set back lines shall be shown on all lots;
         (m)   Two sets of plans and specifications prepared by a registered engineer shall be provided for the installation of water, sewer, paving and drainage, and the plans and specifications must be approved by the City Manager and City Engineer prior to the beginning of any construction of the subdivision;
         (n)   An original tax certificate showing that all taxes have been paid shall be submitted with two copies of the final plat to the Atascosa County, Texas Clerks office for filing after final approval by the City Council;
         (o)   The City Manager shall be satisfied that the subdivider will be in a financial position to install or cause to be installed at his or her own cost, risk and expense all of the improvements herein required.
            1.   The City Council may require the security as it in its sole and absolute discretion may deem best in order to ensure the orderly development within any subdivision, specifically including, but not limited to a performance bond equal to the estimated cost of the improvements; a bank letter of credit; a personal guarantee; or by requiring the subdivider to grant a lien upon the property contained in the subdivision in favor of the City of Pleasanton to secure the estimated costs of the improvements.
            2.   It is expressly understood that as a condition to the approval of the subdivision, no sales will be completed until all utilities are installed and all other improvements required by this chapter are made within the block in which the lot is contained;
         (p)   Drainage easements or dedication to cover the limits of the 100-year flood plain;
         (q)   Limits of the 100-year flood plain;
         (r)   Minimum finished floor slab elevations, at a minimum of two feet above the 100-year flood level, for all lots adjacent to or affected by the flood plain; and
         (s)   A certificate of a registered professional engineer shall be placed on the face of the plat as follows:
STATE OF TEXAS
COUNTY OF ATASCOSA
I, _______________________, I do hereby certify that the information contained on this plat complies with the subdivision and floodplain management ordinances adopted by the City of Pleasanton, Texas.
___________________________
Signature and Seal of Registered Professional Engineer
(Ord. 1252, passed 1-22-2004)
§ 152.09  GENERAL REQUIREMENTS AND STANDARDS.
   (A)   Subdivider to retain an engineer; other requirements.
      (1)   Responsibilities of engineer. The subdivider shall retain the services of an engineer, registered in the State of Texas, whose seal shall be placed on each sheet of the drawings, and who shall be responsible for the design and inspection of the drainage, roads and streets, and sewer and water facilities within the subdivision. The services performed by the engineer shall be as designated in the 1982 issue of Manual of Professional Practice - General Engineering Service, published by the Texas Society of Professional Engineers, and shall include both design and inspection as defined therein.
      (2)   Subdivider to file either letter of credit or performance bond prior to approval of final plat. Prior to approval of the final plat, the subdivider shall file with the City Manager either an irrevocable letter of credit issued by a banking or other financial institution authorized to do business in Texas, or a performance bond executed by a corporate surety licensed to do business in the State of Texas, in an amount equal to the cost of the uncompleted and unaccepted improvements required by this chapter, as estimated by the City Engineer, conditioned that the subdivider will complete the improvements within two years from the date of final plat approval. Those letters of credit and bonds shall conform to forms approved by the City Council.
      (3)   Requirements prior to final acceptance for maintenance. Prior to final acceptance for maintenance of the completed improvements by the City Council, the subdivider shall file with the City Manager the following:
         (a)   Either a two-year maintenance bond executed by a corporate surety licensed to do business in the State of Texas, conditioned that the improvements are free from defects in materials and workmanship, or a letter of credit from a banking or other financial institution authorized to do business in Texas, committing funds for the correction and repair of any defects in materials or workmanship; the bonds or letters of credit shall be in the amount of 15% of the contract price, and they shall conform to forms approved by the City Council; and
         (b)   One set of reproducible "as built" plans for each project, which further contains or has attached thereto a certificate of a registered professional engineer in substantially the following form:
 
STATE OF TEXAS        )(
COUNTY OF ATASCOSA        )(
   I, _________________ do hereby certify that the improvements as built and as described herein comply with the subdivision and floodplain management ordinances adopted by the City of Pleasanton, Texas.
_____________________________
Signature and Seal of Registered Professional Engineer
 
   (B)   Streets; general.
      (1)   Arrangement. Residential developments which introduce new street systems shall endeavor to avoid a grid design and shall be encouraged, within the framework of applicable ordinances, to plan street systems that offer safe curvilinear design while facilitating safe and adequate traffic circulation.
      (2)   Street design criteria.
         (a)   Soils investigation. The subdivider shall, at his or her own expense, cause to be made a soils investigation by a qualified and independent geotechnical engineer licensed to practice in the State of Texas. The field investigation shall include test boring within the rights-of-way of all proposed streets. The number of locations of the boring shall be subject to the approval of the City Engineer. Atterberg limits and moisture contents shall be determined for all significant boring samples. The method used for these determinations shall be the same as those used by the Texas Department of Transportation using their latest Manual of Testing Procedures, 100 Series test methods. The results of the soil investigation shall be presented to the subdivider and to the City Engineer in written report form. Included as a part of the report shall be a graphical or tabular presentation of the boring data giving Atterberg limits and moisture contents, a soil description of the layers of different soils encountered in the profile of the hole, their limits in relation to a fixed surface datum, and other information as needed to complete the soils investigation for pavement design purposes. Minimum depth of soil profile boring shall extend 36 below the proposed final elevation. Minimum thickness of flexible base included in the pavement design shall be eight inches, for residential streets, ten inches for collector streets and 12 inches for major thoroughfare unless otherwise determined by the testing laboratory engineer. Minimum thicknesses of hot-mix, hot-lay asphaltic concrete included in the pavement design shall be one and one-half inches for residential streets, two inches for collector streets, and two and one-half inches for major thoroughfare classifications. Street and alley pavements in commercial and industrial areas shall utilize the design criteria set forth herein for collector streets.
         (b)   All streets shall have concrete curbs extending six inches above the pavement surface. Pavements with asphalt surfaces shall have an 18-inch concrete gutter six inches thick, the entire concrete curb and gutter section shall be 24 inches wide. All valley gutters shall be of reinforced concrete and be at least six feet wide. Where valley gutters are constructed, pavement at the curb radii shall be squared off with reinforced concrete. Minimum curb radii at property lines shall be as follows.
 
Street Intersections
Feet
Major through fares
35 feet
Collector streets
30 feet
Residential streets
20 feet
Commercial driveways
10 feet
Residential driveways
5 feet
 
         (c)   Compacted backfill shall be placed on all of the rights-of-way behind curbs to a minimum elevation equal to the top of the curb. Insofar as practicable, as determined by the City Engineer and approved by the City Manager, utilities in the street rights-of-way shall be situated behind the curb.
      (3)   Width.
         (a)   Major streets shall have a minimum dedicated right-of-way of 100 feet and a minimum paving width of 60 feet.
         (b)   Collector streets shall have a minimum dedicated right-of-way of 80 feet and a minimum paving width of 42 feet.
         (c)   Minor or residential streets shall have a minimum right-of-way of 60 feet and a minimum pavement width of 30 feet.
      (4)   Curves. Complete curve data (delta, length of curve, radius, point of curvature, point of reverse curvature, point of tangency) shown on the centerline or on each side of the street; length and bearings of all tangents and dimensions from all angle points of curve to an adjacent side lot line shall be provided.
         (a)   Major streets. Curves in major streets are to have a center-line radius of 2,000 feet or more. Exceptions to this standard may be granted only by the City Manager.
         (b)   Collector streets. Curves in secondary or collector streets are to have a centerline radius of 400 or more. Exceptions to this standard may be granted only by the City Manager.
         (c)   Minor streets. Curves in minor or residential streets are to have a maximum centerline radius of 150 feet and a minimum centerline radius of 60 feet, with a delta angle no greater than 30 degrees.
         (d)   Reverse curves. Reverse curves are to be separated by a minimum tangent of 100 feet.
         (e)   Street jogs/intersections. Street jogs and street intersections shall be no closer than 150 feet.
      (5)   Intersections.
         (a)   All streets, major, secondary or minor, shall intersect at a 90-degree angle. Variations must be approved by the City Manager.
         (b)   Curbs at acute angle intersections approved by the City Manager shall have increased radii as directed by the City Engineer at acute corners.
         (c)   Each new street intersection with, or extending to meet, an existing street, shall be tied to the existing street on centerline.
      (6)   Cul-de-sacs.
         (a)   Dead-end streets may be platted where the City Manager deems advisable and where the land being subdivided adjoins property not being subdivided, in which case, the streets shall be carried to the boundaries thereof. Streets designed to be permanently dead-end, shall not be longer than 600 feet and shall be provided at the closed end with a paved cul-de-sac at least 80 feet in diameter on a street right-of-way of at least 100 feet in diameter.
         (b)   Temporary turnarounds are to be used at the end of a street more than 400 feet long that will be extended in the future. The following note should be placed on the plat: "Cross-hatched" area is temporary easement for turn-around until street is extended (direction) in a recorded plat.
      (7)   Partial/half-streets. Partial or half-streets may be provided where the City Council feels that a street should be located on a property line.
      (8)   Street names. New streets shall be named so as to provide continuity of name with existing streets and so as to prevent conflict with identical or similar names in other parts of the City; names shall be approved by the Post Office and 911.
      (9)   Private streets. Private streets are prohibited.
   (C)   Alleys. Use of alleys is discouraged, but if approved by City Council, the following applies:
      (1)   Pavement type. All alleys shall be paved with materials conforming to street paving requirements;
      (2)   Width. A minimum paved width of 12 feet and a minimum right-of-way of 20 feet shall be required for all alleys; and
      (3)   Drainage. Adequate drainage shall be provided within the paved section or by swales to drain all lots to streets without drainage easements through lots where possible. The depth of swale shall be as required for drainage with a minimum longitudinal slope of 1% toward a street or drainage easement.
   (D)   Sidewalks. Sidewalks shall be provided on both sides of all streets adjacent to residential or commercial property. Sidewalks shall not be required along streets adjacent to property for industrial uses. Sidewalks on major thoroughfares or collector streets shall be 48 inches wide. Sidewalks on other streets shall be at least 42 inches wide. Sidewalks shall be located in the street right-of-way, the exact location to be at the discretion of the Director of Public Works and City Engineer. Where trees or other objects block the course of the sidewalks, the City Building Inspector will locate and size the sidewalk. Wheelchair ramps shall be required where sidewalks meet curbs.
   (E)   Lots.
      (1)   Area. The City Council establishes the minimum lot size within the city limits to be not less than 6,000 square feet. All lots platted in subdivisions located outside the city limits, but within the city's extraterritorial jurisdiction shall be a minimum of 9,600 square feet. If approval by the City Council for smaller lots is sought, the development density shall be limited to the lesser of the following:
         (a)   A minimum lot size of 7,500 square feet; or
         (b)   Twice the density, expressed in dwelling units per acre, of any recorded residential subdivision lying within 200 feet of the proposed development.
      (2)   Width. The minimum width of a lot at the front building line of all lots platted shall conform with requirements established by the City Council.
      (3)   Lot facing.
         (a)   Street frontage. Each lot shall be provided with the minimum frontage on an existing or proposed public street.
         (b)   Double front. Double front lots are prohibited except when backing on major thoroughfares.
         (c)   Front facing. Wherever feasible, each lot should face the front of a similar lot across the street. In general, an arrangement placing adjacent lots at right angles to each other should be avoided.
      (4)   Lot numbering. All lots shall be numbered consecutively within each block. Lot numbering may be cumulative throughout the subdivision if the numbering continues from block to block in a uniform manner that has been approved on an overall preliminary plat; and no streets or separations occur.
      (5)   Driveway restrictions. Rear and side driveway access to major thoroughfares shall be prohibited.
   (F)   Blocks.
      (1)   Block length.
         (a)   Residential-single family standard or large lot development. Residential blocks for through streets shall be no longer than 1,350 feet measured along the center of the block, nor shorter than 600 feet.
         (b)   Residential two-family or small lot development.
            1.   Residential blocks for duplex or small lot development [lots less than 9,000 square feet] shall be designed to provide for a cul-de-sac or loop street pattern.
            2.   The maximum length for a cul-de-sac designed to accommodate duplex or small lot development shall be 450 feet.
            3.   The maximum length of any leg of a loop road shall be 600 feet provided the total length of the loop does not exceed 1,200 feet.
         (c)   Maximum block length along a major street shall be 1,500 feet except under special conditions and upon approval of the City Manager and City Engineer.
         (d)   Block length shall be measured along the centerline of the street from the street's intersection with the right-of-way of any intersecting street or in the case of a cul-de-sac from the intersecting right-of-way to the end of the cul-de-sac "bulb" right-of-way.
      (2)   Block width. Blocks shall be wide enough to allow two tiers of lots of at least minimum depth, except when prevented by the size of the property or the need to back up to a major thoroughfare.
      (3)   Block numbering. Blocks shall be numbered consecutively within the subdivision and/or sections of an overall plat as recorded.
   (G)   Building lines. The building lines of all lots platted within the city shall conform to the setback requirements contained in the current Building Code or as required by the City Council. All lots platted in subdivisions located outside the city limits, but within the extraterritorial jurisdiction shall conform to the same requirements.
   (H)   Easements. The subdivider shall dedicate or grant easements as follows: where necessary to adequately serve the subdivision with public utilities, easements shall be retained for poles, wires, conduits, storm sewers, sanitary sewers, water lines, open drains, gas lines, telephone, TV cable or other utilities. The easements may be required across part of lots (including side lines) other than along boundary lines, if in the opinion of the City Manager and City Engineer the same is needed. Where easements turn at an angle of 45 degrees or more, a diagonal cutback shall be provided. Property facing a numbered US or State Highway, farm road, ranch road, spur and the like, will have a 20-foot utility easement adjacent to and parallel to the right-of-way.
   (I)   Drainage and storm sewers. Adequate drainage shall be provided within the limits of the subdivisions. The protection of adjoining property shall be considered in the review of plans submitted.
      (1)   Design of all drainage facilities, including inlets, storm sewers, outfalls, culverts and ditches, shall conform to the specifications, codes and the storm water drainage policy, as adopted.
      (2)   Design and construction of all drainage facilities shall conform to the City of Pleasanton specifications and follow the general guidelines below:
         (a)   Junction boxes with manholes. Junction boxes with manholes shall be provided at all inlets, at all changes in grade or alignment, sewer intersections, and at a maximum of 1,000 feet.
         (b)   Inlets. Design of inlets shall conform to the City of Pleasanton standard specifications.
         (c)   Pipe.
            1.   Pipe for storm drains shall be concrete pipe in sizes as shown on the approved plans. Pipe 18 inches or larger in diameter shall be reinforced concrete pipe (RCP), ASTM C76, Class 3. Where, in the opinion of the city engineer, added strength of pipe is needed for traffic loads over minimum cover or for excessive height of backfill, concrete pipe shall be ASTM C14, Extra Strength or ASTM C76, Class IV or Class V.
            2.   Pipe shall have a minimum cover of not less than one foot. Monolithic, reinforced concrete sewers may be used for storm sewers 36 inches and larger.
         (d)   Major drainage ways. Design of major drainage ways through a subdivision and major structures, such as box culverts or bridges, across a major drainage channel, shall be coordinated with Texas Department of Transportation and Atascosa County Flood Control.
         (e)   Open sections.
            1.   For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
               MAJOR COLLECTOR.  Drains 20 acres or more.
               MAJOR STREAM.  Drains five square miles or more.
               MINOR COLLECTOR.  Drains less than 20 acres.
            2.   Minor collectors shall be constructed with underground storm sewers. If it can be established by certified engineering data to the satisfaction of the City Engineer that storm sewers are not physically feasible, open ditches may be used, provided that the ditches are lined with concrete or other permanent materials accepted by the City Engineer and approved by the City Manager.
            3.   a.   Major collector drainage ways, detention ponds and related structures may utilize either existing natural open sections which may be modified, or newly constructed facilities. If modified or newly constructed facilities are utilized, they shall be lined permanent materials including, but not limited to: concrete or vegetation (see division (I)(2)(e)5. below for special conditions and exceptions for vegetation).
               b.   Vegetated channels shall have sufficient grade to provide velocities that will allow self-cleaning but will not be so great as to create erosion. Side slopes shall not be steeper than three to one to allow for future growth and to promote slope stability. All slopes shall be hydro-mulched, sodded or seeded with approved grass, grass mixtures or ground cover suitable to the area and season in which they are applied; on sand, slope shall be concrete rip rap or not less that five to one.
               c.   Sodding shall be St. Augustine or Bermuda with sufficient soil attached to sustain growth and must be alive at the time of application.
               d.   Hydromulch shall be applied as follows: Between April 15 and October 1, for each 1,000 square feet, two pounds of hulled Bermuda seed, and 20 pounds of fertilizer (16-20-0 with magnesium and sulfur). On slopes, add 40 pounds of cellulose fiber mulch and one-half pound of a soil binder. Between October 1 and April 15, for each 1,000 square feet, six pounds Rye grass seed, 20 pounds of fertilizer (15-10-10 with magnesium and sulfur). On slopes add 40 pounds of cellulose fiber mulch and one-half pound of a soil binder. As soon as practical after April 15, the April 15 to October 1 application described above must also be made, provided, however, surfaces must be reshaped to original configuration prior to the second application; Hydromulch growth must be established over 85% of applied areas prior to acceptance of subdivision improvements by the city, with no exposed area exceeding ten square feet. ESTABLISHED GROWTH shall mean the vegetation has reached a height of one and one-half inches and is of a density such that it can be reasonably expected to be self-sustaining.
            4.   Major streams shall not be modified without consent of applicable state and federal agencies and authorization from the Director of Public Works and City Engineer.
            5.   If, in the opinion of the City Engineer, either conditions such as drought, excess precipitation or extreme heat or cold are unsuitable for hydromulching or sodding, the applications shall be deferred by the developer. Under these circumstances, subdivision improvements may be accepted upon the provision of a letter of credit in a form acceptable to the City Attorney, in an amount of twice the City Engineer's estimated cost of the sod or hydromulch application and where appropriate, surface reshaping, maintenance and reapplication. If the developer is unable to meet the requirements of division (I)(2)(e)3. above within nine months of subdivision acceptance, the letter of credit will be drawn on and the proceeds used to obtain the required vegetation cover.
            6.   The developer shall be required to use concrete or similar permanent cover in lieu of vegetation if the City Engineer determines that future maintenance is materially impaired or where channel bends and intersections, flow dissipation or similar circumstances so warrant.
         (f)   Sedimemation controls. Brush berms, hay bales, sedimentation basins and similar recognized techniques and materials shall be employed during construction to prevent point source sedimentation loading of downstream facilities. The installation shall be regularly inspected by the City Engineer for effectiveness. Additional measures may be required if, in the opinion of the City Engineer, they are warranted.
   (J)   Water system. The subdivider shall provide all water lines necessary to properly serve each lot of the subdivision and ensure that existing and/or new water facilities can supply the required demand for domestic use and for fire protection at the desired pressure. The subdivider shall install all mains and shall extend the service to all lots terminating thereon with a curbstop and meter box. The subdivider shall submit a certificate to the City Council certifying that the system has been designed in accordance with the requirements of the Texas Commission on Environmental Quality, the City of Pleasanton, and rules of the Texas Insurance Commission.
      (1)   Water mains.
         (a)   Piping for water mains and connections shall be cast iron, ductile iron or PVC AWWA C-900, Class 150. Service piping shall be copper. Fittings shall be light weight ductile iron, with all joints anchored. All pipe and accessories shall be of new materials only.
         (b)   The minimum sizes of lines that shall be used are as follows:
 
Dwelling Units
Minimum Line Size
1
3/4-inch
2
1-1/2-inch
3 to 6
2-inch
7 to 11
4-inch
12 to 75
6-inch
Greater than 75
8-inch
 
         (c)   Water mains smaller than six inches shall not be permitted.
      (2)   Threading. Threading on fire hydrant outlets shall be suitable for use with city fire protection equipment.
      (3)   Valves. At intersections of water distribution lines, the number of valves shall be one less than the number of radiating lines (two valves for tee connection and three for cross connection)
      (4)   Oversize mains.
         (a)   Size of mains. All water mains shall be installed in accordance with the master water and sewer plan as adopted and amended from time to time by the city. All mains shall be sized to provide adequate service to the tract to be developed. The cost of water mains up to eight inches, or of a size required to serve a tract being developed, whichever is larger, shall be paid in full by the developer.
         (b)   Oversize; on-site mains. Where it is determined that an on-site main needs to be of a larger size than that required to serve the tract to be developed, the city may require the developer to install the oversized main. For mains up to 16 inches the developer shall be reimbursed the incremental cost difference required for over sizing from the oversize account approved for capital improvement projects, or through reimbursement contracts. All reimbursement contracts shall contain a provision terminating the city's obligation to reimburse costs after five years from the effective date of the contract.
         (c)   Oversize; approach mains. Where it is determined that an approach main needs to be of a larger size than that required to serve the tract being developed, the city may require the developer to install the oversized main. Subject to review and approval by the City Council, the city may reimburse the developer for the incremental cost difference required for the over sizing of approach mains. Upon City Council approval, the reimbursement for approach mains will be paid out of the oversize account described in division (J)(4)(d) below, from funds approved for capital improvement projects, through reimbursement contracts or any combination thereof. The manner of reimbursement shall be solely at the City Council's discretion. All reimbursement contracts shall contain a provision terminating the city's obligation to reimburse costs after five years from the effective date of the contract.
         (d)   Oversize account. A special oversize account is hereby established for the purpose of reimbursing developers for the cost of over sizing water mains. The account shall be funded by a fee based on the number of Equivalent Dwelling Units (EDU fee) to be added to the water system. The EDU fee will be assessed to all developers regardless of whether or not they are required to install an oversized line. In the event a developer is required to install oversized line(s), the EDU fee shall be paid prior to acceptance by the City Council of the utilities for maintenance. In the event a developer is not required to install oversize lines, the EDU fee for that particular plat shall be due prior to official recordation of the plat in the County Clerk's office. In the event a plat is not required, the EDU fee is due when application is made for a building permit. Interest income earned from this account shall be added to the account.
         (e)   Reimbursement. To be reimbursed, a developer shall present in writing to the Public Works Director, a statement of oversize credit proposed. This statement shall be presented no later than the end of the normal working day, eight days prior to the regular City Council meeting, at which time acceptance of the respective oversize line is considered. The reimbursement for the cost of over sizing will be paid from available funds within ten days after the utilities are accepted by the city for maintenance and developers shall be reimbursed according to the order in which the utility lines are so accepted. In the event that sufficient funds are not available, interest will accrue at a rate established by the Council. In the event two or more utility systems are accepted at the same council meeting, the respective developers shall share proportionally in the available funds. Provided, however, that no reimbursement shall be paid to any developer who is delinquent in the payment to the city of any fees or taxes.
         (f)   Oversize credit. In the event that there are sufficient funds in the oversize account to meet all previous commitments, a developer may be entitled to a credit against the EDU fee. Provided, however, no credit will be granted to any developer who is delinquent in the payment to the city of any fees or taxes. Subject to the foregoing, a developer may reduce the amount of the EDU fee by an amount equal to the reimbursement to which he or she will be entitled upon utility acceptance. In the event that the utility system has not been completed and accepted by the city within three years from the date of plat approval, the EDU fee shall be immediately due and payable.
         (g)   Determining EDU fee. Reimbursement rate and interest rate: each December, or more frequently if necessary, the City Council shall review and approve the EDU fee, a fixed rate of reimbursement per inch of diameter per linear foot of oversized mains installed, and the rate of interest to be paid.
         (h)   Fees. Reimbursement rate and interest rate: See Appendix A below.
   (K)   Sanitary sewer system. All subdivision shall be provided with a sewage disposal system designed by a Registered Professional Engineer as per Texas Commission on Environmental Quality (TCEQ) rules (290 and 317).
      (1)   Connection with sanitary sewer system required; exception. Connection with the sanitary sewer system shall be required except where the City Council determines that the connection would require unreasonable expenditure of funds when compared with other methods of sewage disposal. Where septic tanks are installed, the subdivider shall conduct percolation tests under the supervision of the Atascosa County Designated Official in order to determine the adequacy of proposed lot sizes. Plans for the system must be approved by the Atascosa County Designated Official prior to approval of the final plat by the City Council.
      (2)   Subdivider to provide sewer service to each lot. The subdivider shall install all sanitary sewer mains and lines to each lot. If the public system is not within 1,200 feet of the subdivision, those portions of the system which lie under paved areas shall be installed and capped off and temporary waste treatment will be provided in accordance with the requirement of state and county.
      (3)   Subdivider to submit certificate. The subdivider shall submit a certificate to the City Council of the City of Pleasanton, Texas, certifying that the sewer system has been designed as per the TCEQ rules and the City of Pleasanton (See division (K) above).
      (4)   Sewer location. Where the location of the sewer is not clearly defined by dimensions on the drawings, the sewer shall not be closer horizontally than ten feet, or vertically six feet to a water supply main or service line. Gravity sewer lines passing over water lines shall be constructed for a distance of ten feet each side of crossing with pressure pipe with no joints within three feet of crossing or encased in concrete in accordance with regulations of the TCEQ.
      (5)   Materials. Sewer lines may be of the following materials: plastic or other type pipe as approved in writing by the City Manager.
      (6)   Construction. Sewers shall be constructed according to the City of Pleasanton standard specifications as to trenching, bedding, backfill and compaction.
      (7)   Piping size. Eight-inch diameter pipe shall be the minimum acceptable for sewer mains and lines.
      (8)   Manholes. Manholes shall be spaced not more than 400 feet apart, unless otherwise approved up to 500 feet apart, and shall be constructed in accordance with the City of Pleasanton standard specifications.
      (9)   Force mains. Force mains shall be ductile or PVC pressure class pipe with either mechanical joints or rubber gasket joints, approved by the City Manager.
      (10)   Oversize mains.
         (a)   Size of mains. All wastewater mains shall be installed in accordance with the master water and sewer plan as adopted and amended from time to time by the city. All mains shall be sized to provide adequate service to the tract to be developed. The cost of sewer mains to serve the tract being developed shall be paid in full by the developer.
         (b)   Oversize; on-site mains. Where it is determined that an on-site main needs to be of a larger size than that required to serve the tract to be developed, the city may require the developer to install the oversized main. For mains up to 15 inches, the developer shall be reimbursed the incremental cost difference from over sizing from the oversize account described in division (K)(10)(d) below. For oversized mains in excess of 15 inches, the developer will be reimbursed for the incremental cost difference required for over sizing from the oversize account approved for capital improvement projects, or through reimbursement contracts. All reimbursement contracts shall contain a provision terminating the city's obligation to reimburse costs after five years from the effective date of the contract.
         (c)   Oversize; approach mains.  Where it is determined that an approach main needs to be of a larger size than that required to serve the tract being developed, the city may require the developer to install the oversized main. Subject to review by the City Engineer and approval by the City Council, the city may reimburse the developer for the incremental cost difference required for the over sizing of approach mains. Upon City Council approval, the reimbursement for approach mains will be paid out of the oversize account described in division (K)(10)(d) below, from funds approved for capital improvement projects, through reimbursement contracts or any combination thereof. The manner of reimbursement shall be solely at the Council's discretion. All reimbursement contracts shall contain a provision terminating the city's obligation to reimburse costs after five years from the effective date of the contract.
         (d)   Oversize account. A special oversize account is hereby established for the purpose of reimbursing developers for the cost of over sizing wastewater mains. The account shall be funded by a fee based on the number of Equivalent Dwelling Units (EDU fee) to be added to the wastewater system. The EDU fee will be assessed to all developers regardless of whether or nor they are required to install an oversized line. In the event a developer is required to install oversized line(s), the EDU fee for that particular plat shall be due prior to acceptance by the City Council of the utilities for maintenance. In the event a developer is not required to install oversized lines, the EDU fee for that particular plat shall be due prior to official recordation of the plat in the County Clerk's office. In the event a plat is not required, the EDU fee is due when an application is made for a building permit. Interest income earned from this account shall be added to the account.
         (e)   Reimbursement: To be reimbursed, a developer shall present in writing to the Director of Public Works, a statement of oversize credit proposed. This statement shall be presented no later than the end of the normal working day, eight days prior to the regular City Council meeting, at which time acceptance of the respective oversize line is considered. The reimbursement for the cost of over sizing will be paid from available funds within ten working days after the utilities are accepted by the city for maintenance and developers shall be reimbursed according to the order in which the utility lines are so accepted. In the event that sufficient funds are not available, interest will accrue at a rate established by the City Council. In the event two or more utility systems are accepted at the same Council meeting, the respective developers shall share proportionally in the available funds. Provided, however, that no reimbursement shall be paid to any developer who is delinquent in the payment to the city of any fees or taxes.
         (f)   Oversize credit. In the event that there are sufficient funds in the oversize account to meet all previous commitments, a developer may be entitled to a credit against the EDU fee. Provided, however, no credit will be granted to any developer who is delinquent in the payment to the city of any fees or taxes. Subject to the foregoing, a developer may reduce the amount of the EDU fee by an amount equal to the reimbursement to which he or she will be entitled upon utility acceptance. In the event that the utility system has not been completed and accepted by the city within three years from the date of plat approval, the EDU fee shall be immediately due and payable.
         (g)   Fees. Reimbursement rate and interest rate: see Appendix A below.
   (L)   Street lighting. Street lighting shall be provided by the developer and shall conform to the Fourth Edition of the Illuminating Engineering Society Handbook. Lighting levels shall be as recommended for very light traffic in residential areas; medium traffic on feeder streets; and heavy traffic on thoroughfares.
   (M)   Traffic control signs. Street signs and water meter boxes: all traffic control signs shall be provided and installed by the developer and shall conform with the Texas Manual on Uniform Traffic Control Devices for Streets and Highways, Vols. 1 and 2. All street signs and water meter boxes shall be provided and installed by the developer, and the street signs and water meter boxes must meet the specifications set forth by the City of Pleasanton.
   (N)   Flood regulation. The city shall review each proposed subdivision to assure the following:
      (1)   Proposals to minimize flood damage: all the proposals are consistent with the need to minimize flood damage;
      (2)   Public facilities to minimize flood damage: all public utilities and facilities, such as sewage, gas, electrical, and water systems are located, elevated, and constructed to minimize or eliminate flood damage; and
      (3)   Adequate drainage to be provided: adequate drainage is provided so as to reduce exposure to flood hazards.
   (O)   Dedication of park land or payment of fees in lieu thereof. Prior to approval of a planned development or a final subdivision plat, each subdivider or developer shall be encouraged to dedicate park land, or contribute cash or park improvements in lieu of land dedication, or any combination thereof as determined by the City Manager.
      (1)   Definitions. For the purpose of this division (O), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         HOLDING COSTS.  Any and all costs incidental to the respective tract of land borne by the respective landowner.
         MAJOR SUBDIVISION.  Any residential subdivision or residential portion of a subdivision ten acres or greater.
         MINOR SUBDIVISION.  Any residential subdivision or residential portion of a subdivision less than ten acres.
         PARK IMPROVEMENTS.  Any improvements which directly attribute to the development of park land for the enjoyment and use by the intended pack users. These improvements may include, but shall not be limited to the following:
            1.   Curb/gutter and paving section costs bordering all park land;
            2.   Water/sewer line costs bordering all park land; and
            3.   Land forms created by the subdivider or developer.
      (2)   Criteria for voluntary land dedication.
         (a)   Eligibility of subdivisions for park land dedication.
            1.   Minor subdivisions. The developer of any subdivision classified as a minor subdivision shall not be required to dedicate park land.
            2.   Minor subdivisions; contribution. The developer of minor subdivisions is encouraged to pay a cash contribution in lieu of park land-dedication calculated pursuant to division (O)(3)(a) below.
            3.   Major subdivisions. The developer of any major subdivision may be requested to dedicate park land. Recommendation of a cash contribution in lieu of park land dedication may be made to the City Manager by the Director of Public Works.
         (b)   Land dedication guidelines. Each subdivider or developer is encouraged to dedicate 8% of the total tract, excluding any commercial or industrial parcels that may be in the tract. The Director of Public Works shall determine the suitability of the subject tract pursuant to recommended dedication criteria.
         (c)   Location. The specification and codes adopted by the City Council shall be used a guide for location of park sites. All land intended for park purposes shall be inspected both on the plat and in the field by the Director of Public Works, who shall make a recommendation to the City Manager. The final decision on acceptance of park land shall be made by the City Council.
         (d)   Credit for private park land and facilities. Subdividers and developers may be allowed a credit against the park land dedication requirement for private parks or recreational facilities provided for the residents of a particular subdivision or planned development. The Director of Public Works shall recommend to the City Manager the amount of the credit to be allowed, if any.
      (3)   Criteria for contributions in lieu of park land.
         (a)   Cash contribution in lieu of park land.
            1.   The City Manager may recommend to the City Council that a cash contribution be made equivalent to and in lieu of park land.
            2.   The City Manager shall recommend to the City Council that developers of all minor subdivisions meet the suggested park land dedication guidelines with a cash contribution at the rate of $124 per dwelling unit for single-family; $113 per dwelling unit for two-family; and $105 per dwelling unit for multifamily.
         (b)   Deposition of cash contributions. All cash contributions received by the city shall be received by the Director of Public Works and forwarded to the director of finance. The Director of Finance shall deposit the funds directly into the park fund, as established by the City Council.
         (c)   Park improvements in lieu of park land.
            1.   The City Manager may recommend to the City Council that a subdivider or developer dedicate park improvements in lieu of park land, equivalent to the cash contribution herein.
            2.   All improvements shall be subject to adopted city specifications and codes. Should there be no adopted specifications or codes adopted by the city, the Director of Public Works shall promulgate those specifications, especially in the case of park/playground equipment.
            3.   All improvements made by the subdivider shall be given credit towards the suggested park contribution according to:
               a.   The actual cost of utilities installed bordering the park land at the time the utilities were installed; and
               b.   The actual cost the city would have to pay for the equivalent park/playground equipment at a time improvements are made.
         (d)   Combinations of contributions in lieu of park land. The Director of Public Works may recommend to the City Manager that a subdivider or developer make a contribution of park land, cash and/or park improvements. Determination of exact contribution amounts shall be determined by the City Manager and recommended to the City Council.
      (4)   Letter of credit. An irrevocable letter of credit equivalent to the amount of the park dedication shall be given to the City Manager prior to the final plats being signed by the City Council. The issuer and form of the letter shall be subject to the approval of the City Council.
      (5)   Reservation of additional park land. In the event that the park plan, specification or codes for the city specifies a larger amount of park land in a subdivision or planned development than the subdivider or developer may be required to dedicate, the land needed beyond the respective contribution shall be reserved for subsequent acquisition by the city.
         (a)   City may elect to hold the land by:
            1.   Purchasing an option to buy the property for a period and at a price as agreed upon by the city and subdivider or developer;
            2.   Indemnifying the owner of the land for all holding costs for a period of time, the costs and time period to be agreed upon by the city and subdivider or developer; or
            3.   If the city and subdivider or developer cannot agree on divisions (O)(3)(a) above or (O)(3)(b) above, then city may elect to prohibit any development or improvement to the proposed park land for a period not to exceed six months, during which time the city shall use reasonable and diligent efforts to acquire the necessary funds or financing to purchase the subject tract.
         (b)   No provision herein shall in any way be construed as a limitation of the city's authority to acquire park land by eminent domain.
      (6)   Land treatment. Upon preliminary platting of the park land from the subdivider or developer to the city, the subdivider or developer shall not cause or allow any fill material or construction debris to be dumped on the land, or otherwise alter, damage or impair the land, water or vegetation on the park site, without written permission from the Director of Public Works. The Director of Public Works may allow the subdivider or developer to dump fill material and take other respective actions specified in this division when that action would be beneficial to the park land. In those cases, the Director of Public Works shall provide a letter to the respective subdivider or developer.
      (7)   Transfer of land.
         (a)   The area to be dedicated as park land shall be shown on the final plat as "Park Land Dedicated to the City of Pleasanton" with the respective acreage of the park land also shown.
         (b)   Dedication of park land shall be included in the narrative portion of the place where the subdivider or developer dedicates all easements, rights-of-way and the like, to the City of Pleasanton.
         (c)   The City Attorney shall prepare a warranty deed for the park land depicted on the final plat that contains the dedicated park land, which shall be signed by the developer on or before the subdivision is 75% built out according to issued certificates of occupancy.
      (8)   Payment of fees in lieu of land.
         (a)   The subdivider or developer shall pay any cash contribution to the city on or before the subdivision is 75% built out according to issued certificates of occupancy.
         (b)   Should the subdivider or developer divide the subdivision into sections, the fee for the entire subdivision shall be divided by the number of sections in the subdivision, and the fee attributable to each section shall be paid on or before the respective section is 75% built out according to issued certificates of occupancy.
(Ord. 1252, passed 1-22-2004)
§ 152.10  SURVEY REQUIREMENTS.
   (A)   Placement of monuments. Monuments, consisting of one-half-inch iron pipe or one-half-inch reinforced steel or larger, 24 inches in length (if deep sand, three-quarter-rods and 36 inches long), shall be placed at all corners of the block lines, and at the point of intersection of curves and tangents of the subdivision.
   (B)   Bench mark. At least one bench mark for each subdivision shall be permanently installed in an approved manner, with the location and the elevation as shown on the plat. Permanent bench marks shall be five feet long concrete posts six inches in diameter with the top to be at least 12 inches below finished grade.
   (C)   Lot marker. Lot markers shall be one-half-inch rebars, at least 24 inches in length, placed at each corner of all lots, flush with the average ground elevation, or they may be countersunk if necessary to avoid being disturbed.
(Ord. 1252, passed 1-22-2004)
§ 152.11  RESERVATIONS.
   (A)   Permitted purposes. No land contained in the proposed subdivision shall be reserved for any use other than a use permitted by the city ordinances.
   (B)   Designation on plat. The specific use for which each piece of land is to be reserved must be shown by appropriate label or description on the subdivision plat. Provision for future abandonment of a reservation as may be appropriate must likewise be shown on the plat.
   (C)   Schools. The location and size of schools shall be in accordance with the Pleasanton Independent School District school plan and with the requirements of the City of Pleasanton.
(Ord. 1252, passed 1-22-2004)  Penalty, see § 152.99
§ 152.12  VARIANCES.
   When a subdivider can show that a provision of these regulations would cause unnecessary hardship if strictly adhered to and where, because of some condition peculiar to the site, in the opinion of the City Manager and City Engineer, a departure may be made without destroying the intent of those provisions, the City Manager may recommend a variance to the City Council.
(Ord. 1252, passed 1-22-2004)
§ 152.13  AS-BUILT DRAWINGS.
   The engineer representing the subdivider shall present to the Director of Public Works, reproducible complete "as built plans" for all paving, drainage structures, water lines and sewer lines within 30 days after completion of each contract.
(Ord. 1252, passed 1-22-2004)
§ 152.14  ACCESS REGULATIONS.
   (A)   All entrance and exit driveways to public streets shall be located with due consideration for traffic flow and so as to afford maximum safety to traffic on the public streets.
      (1)   Discourage the routing of vehicular traffic to and from nonresidential uses through local residential streets; and
      (2)   Minimize conflict with vehicular traffic.
   (B)   In designing and locating entrance and exit driveways, the following regulations shall be observed:
      (1)   Entrance and exit driveways to all state highway routes within the city limits of Pleasanton, Texas shall be not less than 30 feet in width [i.e. one entrance and exit lane at 15 feet] each nor in excess of 45 feet [one entrance and two exit lanes at 12 feet each and a maximum nine-foot wide landscaped median or island] in width for lots used for nonresidential purposes. For residential driveway, widths shall not be less than 12 feet or more than 24 feet. Shared driveways are permitted for nonresidential development, i.e., one common driveway serving two contiguous lots to all state highway routes within the city limits and located at/about the common property corner, not exceeding 45 feet in width, including any proposed median up to nine feet wide. For all driveways other than to all state highway routes within the city limits of Pleasanton, Texas, entrance and exit driveways shall not exceed 24 feet and maximum 30 feet (for emergency vehicles). All access driveways to nonresidential lots shall be at 90 degrees, or within a limit of plus or minus ten degree off 90 degree, to the intersecting public street. Landscaped islands or medians beyond the property line are prohibited in the right-of-way without prior written approval of the Texas Department of Transportation;
      (2)   Access to all other public streets shall be by no more than two points of access for each 400 feet of lot frontage, or fraction thereof. Lots less than 100 feet in width shall have no more than one point of access to any one public street. In all cases, owners and developer shall provide adequate access to each proposed lot for subdivisions, so that internal traffic management is provided;
      (3)   The minimum separation between driveways along all state highway routes within the city limits of Pleasanton is 100 feet. To the greatest extent possible, proposed access to all state highway routes within the city limits of Pleasanton should align with existing driveways or public streets on the opposite side of the road. If this is not possible, then there shall be a minimum 12-foot offset, as measured from driveway edge to edge between the driveways. For all other roads or streets, the minimum distance between any two driveway entrances, whether on the same or different lots, shall be 35 feet, measured along the curb line, except for driveways on a cul-de-sac;
      (4)   Driveway entrances shall be set back at least 35 feet from the point of tangency of the curb at any intersecting street;
      (5)   Adequate culverts shall be provided under driveway entrances to prevent obstruction of drainage ways. The minimum size shall be 18 inches or equivalent approved by the City Engineer;
      (6)   All driveways shall be designed so as to provide safe vehicular entrance and exit without the necessity of backing out into a public street;
      (7)   Every driveway entrance and exit shall be at roadway grade level where the driveway intersects the city's right-of-way. For access driveways to all state highway routes within the city limits of Pleasanton, a negative slope of 2% shall be required where there is no curb and gutter for a minimum of eight feet or to the top of the culvert, and areas with curb and gutter, a positive grade will be allowed;
      (8)   All direct ingress and egress shall be designed so as to minimize increases in traffic flow on other streets within the city. Mutual access agreements on parking lots, driveways and adjoining properties shall be encouraged. The specific number, width and location of ingress and egress points shall be established by a professional traffic engineer, subject to City Council approval; and
      (9)   All state highway routes within the City of Pleasanton, Texas as described by the Municipal Maintenance Agreement between the Texas Department of Transportation and the City of Pleasanton, Texas are: U.S. 281: From the north city limits of Pleasanton to the south city limits of Pleasanton. Loop 242: From the intersection with SH 97 East to the intersection with FM 476. SH 97: From the east city limits of Pleasanton to the west city limits of Pleasanton. FM 476: From the north city limits of Pleasanton South to the intersection of SH 97. FM 1340: From the intersection of U.S. 281 to the east city limits of Pleasanton. FM 3350: From the intersection of U.S. 281 to the west city limits of Pleasanton. FM 3510: From the intersection of FM 3350 South to the intersection of SH 97.
   (C)   Access roadways for fire apparatus shall be designed and adhere to the following regulations:
      (1)   Means of access for Fire Department apparatus shall consist of fire lanes, private or public streets, commercial driveways, alleys, parking lot lanes or a combination thereof;
      (2)   Means of access for Fire Department apparatus shall be constructed of a hard, all weather surface, concrete or asphalt, adequately designed to support the heaviest piece of fire apparatus likely to be operated on the roadway;
      (3)   Every cul-de-sac more than 150 feet in length from the property line to the centerline of the cul-de-sac shall be provided at the closed end with a turn-around, having a curb radius of not less than 40 feet;
      (4)   Turns or bends in streets shall maintain the minimum surface width for the designated category of street;
      (5)   Turns in publicly owned arterial or collector streets shall be constructed with a minimum turn radius of 100 feet to the centerline. Turns in other public or privately owned minor streets shall be constructed with a minimum radius of 25 feet at the inside curb line and a radius of 50 feet at the outside curb line;
      (6)   Street surfaces shall not be less than 18 feet wide, provided no parking is allowed; not less than 26 feet wide if parallel parking is allowed on one side; and not less than 30 feet wide if parallel parking is allowed on both sides;
      (7)   Fire lanes in commercial or governmental development shall not be less than 20 feet wide, with 18 feet surface minimum;
      (8)   Commercial and governmental driveways and alleys shall not be less than 15 feet in surface width. Residential driveways shall not be less than 12 in surface width, except in areas of 25% grade where ten feet surface width may be used;
      (9)   Finished grades of all driveways shall not be greater than 35%. City Council approval is required to exceed finished grades of 5% for commercial and 20% for residential driveways;
      (10)   Fire lanes, driveways and alleys connecting to public or private streets shall be provided with flare curb cuts extending at least two feet beyond each edge of street surface;
      (11)   At least 13 feet six inches of nominal height clearance must be provided over the full width of public streets, private streets, fire lanes, commercial and governmental driveways;
      (12)   Bridges, when used for access, shall be the same surface width as for fire lanes, public or private streets, driveways, alleys or parking lot lanes, and shall be maintained in accordance with the applicable sections of the Building Code, using design loading sufficient to carry the imposed loads of the fire apparatus;
      (13)   Barriers defined as chains, gates and the like may be provided at the entrance to residential driveways, provided they are installed according to the requirements of the City Fire Code; and
      (14)   The method of security for residential development is to be as agreed upon by the contractor and the city and shall be commensurate with the item or area needing security.
(Ord. 1252, passed 1-22-2004)
§ 152.15  LEGAL PROVISIONS.
   (A)   Conflict with other ordinances. All ordinances or parts of ordinances inconsistent with the terms of this chapter are hereby repealed: provided, however, that the repeal shall be only to the extent of the inconsistency, and in all other aspects this chapter shall be cumulative of other ordinances regulating and governing the subject matters covered by this chapter.
   (B)   Severability. If any section, clause, division, sentence or phrase of this chapter shall, for any reason, be held to be invalid, unenforceable or unconstitutional, the invalid, unenforceable or unconstitutional section, clause, division, sentence or phrase is hereby declared to be severable, and any the invalid, unenforceable unconstitutional section, clause, division, sentence or phrase shall in no way affect the remainder of this chapter, and it is, hereby declared to be the intention of the City Council that the remainder of this chapter would have passed notwithstanding the invalidity, unenforceability or unconstitutionally of any section, clause, division, sentence or phrase thereof.
(Ord. 1252, passed 1-22-2004)
§ 152.99  PENALTY.
   (A)   Violation of any provision of chapter. Violation of any provision or provisions of this chapter by any subdivider shall constitute a misdemeanor and upon conviction of the violation in municipal court of the City of Pleasanton, shall be punishable as per § 10.99.
   (B)   Other legal remedies. No conviction or convictions under the penal provision of this chapter, or Tex. Penal Code, Art. 427B, shall ever be considered as any bar to any injunctive or other legal remedy, relief, right or power existing in the City of Pleasanton, Texas, to enforce the application and provisions of this chapter by virtue of the Constitution and laws of the State of Texas.
(Ord. 1252, passed 1-22-2004)
APPENDIX A: RATES AND FEES
Section
   1.   Filing fees
   2.   Determining Equivalent Dwelling Unit (EDU) fees, reimbursement rate and interest rate
§ 1  FILING FEES.
   (A)   Preliminary conference: $50 plus consultants fees.
   (B)   Preliminary plats: $75 plus $2 per lot plus consultants fee, with a minimum fee of $200 per plat.
   (C)   Final plats: $100 plus $2 per lot plus consultants fee and recording fees, with a minimum of $300 per plat.
   (D)   Replatting: $100 plus $2 per lot plus consultants fee and recording fee, with a minimum of $200 per plat.
   (E)   Infrastructure plan review: $100 plus consultants fee.
   (F)   These fees shall be charged on all plats, regardless of the action taken by the city, whether the plat is approved or denied.
(Ord. 1252, passed 1-22-2004)
§ 2  DETERMINING EQUIVALENT DWELLING UNIT (EDU) FEES, REIMBURSEMENT RATE AND INTEREST RATE.
   (A)   Water system.
      (1)   EDU fee: $100.00 per dwelling unit.
      (2)   Reimbursement fee: $2.00 per inch diameter per linear foot of oversized main.
      (3)   Interest rate: 2-1/2% per annum.
   (B)   Sewer system.
      (1)   EDU fee: $100.00.
      (2)   Reimbursement fee: $1.50 per inch diameter per linear foot of oversized main.
      (3)   Interest rate: 2-1/2% per annum.
(Ord. 1252, passed 1-22-2004)
APPENDIX B: CONCEPT PLAN
   (A)   Required copies; filing deadline. The subdivider shall submit a concept plan of the entire area proposed for subdivision and schedule a presentation date with the Public Works Director. A reproducible tracing and eight black line copies of the proposed subdivision shall be submitted to the Public Works Director at least ten days prior to presentation to the City Engineer and City Manager on the designated plat submission and conference date.
   (B)   Listing of adjacent property owners required. The subdividers' submittal shall contain a listing of all adjacent property owners and other property owners within 200 feet of the property proposed to be subdivided, with addresses as recorded by Atascosa County Tax Appraisal District.
   (C)   City to notify affected property owners. City will mail a notice, by registered or certified mail, to each property owner named as required by division (B) above, which notice shall state in effect that a subdivision proposal is pending before the City Council, and shall include the date, place and time of the Council meeting.
   (D)   Scale. The concept plan shall be drawn to the scale not less than one inch=100 feet and not greater that one inch=200 inches. On 24-inch by 36-inch paper and shall show or be accompanied by the following information:
      (1)   The name of the proposed subdivision, which shall not duplicate an existing or pending subdivision;
      (2)   A complete legal description by metes and bounds of the land being subdivided;
      (3)   The total acreage and total number of lots and blocks within the proposed subdivision;
      (4)   The name of the owner (and address unless given in letter of transmittal). If the owner is a partnership, corporation or entity other than an individual, the name of the responsible individual, such as president or agent must be given;
      (5)   The name of the registered engineer and/or registered public surveyor responsible for preparing the plat;
      (6)   North point: North to be at the top of the sheet if possible;
      (7)   Ownership boundaries shall be drawn in very heavy lines;
      (8)   Boundary lines and adjacent right-of-way lines of the proposed subdivision shall be drawn with dashed lines;
      (9)   Name and location of adjacent subdivisions, streets, easements, pipe lines, watercourses and the like, and the property lines and name of adjoining property owners with latest deed record in unsubdivided tracts;
      (10)   Existing transportation features within the proposed subdivision; and
      (11)   Limits of the 25-year and 100-year floodplain for all waterways draining 50 acres or more.
   (E)   City Manager and City Engineer to consider within 30 days. The City Manager and City Engineer shall review the concept plan and within 30 days, act upon the plan as submitted or as modified and, if approved, shall express their approval as "conditional approval" and state the conditions of the approval, if any, or if disapproved, shall express its disapproval and the reasons therefore. At the meeting during which the concept plan is to be reviewed, the party submitting the plan shall appear in person or by agent or by attorney.
   (F)   Action to be noted. The City Manager or City Engineer shall prepare a written review and recommendations about the concept plan.
   (G)   Distribution of concept plan. Copies of the concept plan with written review shall be returned to the subdivider, filed with the Director of Public Works, and retained by City Hall.
   (H)   Authority to proceed. Approval of the concept plan does not constitute acceptance of the proposed subdivision, but the subdividers authority to proceed with the preparation of the preliminary plat. Any work done on the proposed subdivision before the final plat is accepted and recorded is done at the risk of the subdivider. Approval of the concept plan expires at the end of two years. The City Council may, if a written request from the subdivider is received prior to the end of the two-year period, grant an extension for up to two additional years. If any major changes are required by the City Manager and/or City Engineer, the City Manager may require submission of a revised concept plan.
(Ord. 1252, passed 1-22-2004)