CHAPTER 10

SUBDIVISION REGULATION

   ARTICLE 10.100 GENERAL PROVISIONS

   (Reserved)

   ARTICLE 10.200 PARK LAND DEDICATION

   Sec. 10.201     Purpose

(a)     This article is adopted to provide recreational areas in accordance with the Krugerville Park and Open Space Master Plan in the form of neighborhood parks as a function of development in the city. It is hereby declared by the city council that recreational areas in the form of neighborhood parks are necessary and in the public welfare, and that the only adequate procedure to provide the same is by integrating such a requirement into the procedure for planning and developing property for subdivision in the city.

(b)     Neighborhood parks are those parks providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served thereby. The park areas established by the city council and shown on the master plan for the city shall be prima facie proof that any park located therein is within such a convenient distance from any residence located therein. The primary cost of neighborhood parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, the following requirements are adopted to effect the purposes stated.

   Sec. 10.202     Penalty Clause

Any person, firm, corporation of business entity violating this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of five hundred dollars ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, in which the fine shall not exceed the sum of two thousand dollars ($2,000.00). Each continuing day's violation under this article shall constitute a separate offense. The penal provisions imposed under this article shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law.

   Sec. 10.203     General Requirements

These requirements shall apply to land zoned residential which is to be used for single-family, duplex and/or apartment residential purposes.

(1)     Whenever a final plat is filed on record with the county clerk of Denton County for development of a residential area in accordance with the planning and zoning ordinances of the city, such plat shall contain a clear fee simple dedication of an area of land to the city for park purposes, which area shall equal three (3) acres for each one hundred (100) proposed dwelling units.

(2)     The city council declares that development of an area smaller than one (1) acre for public park purposes is impractical. Therefore, if fewer than one hundred (100) units are proposed by a plat filed for approval, the developer shall be required to pay the applicable cash in lieu of land amount provided for in the appendix to this code. No plat showing a dedication for park purposed of less than one (1) acres shall be approved.

(3)     In all other instances, the city shall have the right to accept the dedication for approval on the final plat, or to refuse the dedication, after consideration of the recommendation of the planning and zoning commission, and to require payment of cash in lieu of land in the amount provided for in the appendix to this code. If the city determines that sufficient park area(s) is/are already in the public domain in the area of the proposed development, or the recreation potential for that zone would be better served by expanding or improving existing parks.

(4)     The dedication required by this section shall be made by filing of the final plat or contemporaneously by separate instrument unless additional dedication is required subsequent to the filing the final plat. If the actual number of completed dwelling units exceed the figure upon which the original dedication was based, such additional dedication shall be required, and shall be made by payment of the cash in lieu of land.

   Sec. 10.204     Money in Lieu of Land

(a)     Subject to approval of the city council, based upon the recommendations of the planning and zoning commission, a land owner responsible for dedication under this article may elect to meet the requirements of Section 10.203 of this article, in whole or in part, by a cash payment in lieu of land, in the amount set forth in the appendix to this code. Such payment in lieu of land shall be made at or prior to the time of final plat approval. Nonpayment of fee shall constitute grounds sufficient to deny approval of proposed plat.

(b)     The city may, from time to time, decide to purchase land for parks in or near the area of actual or potential development. If the city does purchase park land in a park zone, subsequent park land dedications for that zone shall be in cash only, and calculated to reimburse the city's actual cost of acquisition and development of such land for parks. The fee amount shall be set out in the fee schedule in the appendix to this code. Once the city has been reimbursed entirely for all such park land within a park zone, this section shall cease to apply, and the other subsections shall again be applicable.

(c)     Payments in Lieu of Land Dedication. The dedication requirement shall be met by a payment in lieu of land at a per-dwelling unit price set, from time to time by resolution by the city council, sufficient to acquire land and provide for adjacent streets and utilities for a neighborhood park to serve the park zone in which such development is located. Unless changed by the city council, such per-unit price shall be based on a fee as set out in the fee schedule located in fee schedule in the appendix to this code. Cash payments may be used only for acquisition or improvement of a neighborhood park located within the same zone as the development, unless the developer executes a waiver and requests that the funds be used for some other park project, in which case the funds may be used for such project. This per-unit fee shall be evaluated periodically based on current land values.

   Sec. 10.205     Park Master Plan Considerations

Land shown on the city's master plan as being suitable for development by the city for a major recreational center, school site, park, or other pubic use, shall be reserved, for a period of one (1) year after the preliminary plat is approved by the city if within two (2) months after such approval of city council advises the subdivider of its desire to acquire the land or of the interest of another government unit to acquire land, for purchase by the interested governmental authority, at land appraisal value at the time of purchase. A failure by the city council to so notify the subdivider shall constitute a waiver of the right to reserve the land. Any waiver of the right to reserve the land shall no longer be effective if the preliminary plat shall expire without adoption of a final plat.

   Sec. 10.206     Park Land Dedication Fund, Right to Refund

(a)     There is hereby established a special fund for the deposit of all sums paid in lieu of land dedication under this article or any preceding ordinance, which fund shall be known as the park land dedication fund.

(b)     The city shall account for all sums paid in lieu of land dedication under this article with reference to the individual plats involved. Any funds paid for such purposes must be expended by the city within two (2) years from the date received by the city for acquisition or development of a neighborhood park as defined herein. Such funds shall be considered to be spent on a first in, first out basis. If not so expended, the owners of the property on the 1st day of such period shall be entitled to a pro rata refund of such sum, computed on a per dwelling unit basis. The owners of such property must request such refund within one (1) year of entitlement, in writing, or such right shall be barred.

   Sec. 10.207     Additional Requirements, Definitions for Neighborhood Parks

(a)     Any land dedicated to the city under this article must be suitable for park and recreation uses. The following characteristics of a proposed area are generally unsuitable (unless recommended in the Master Plan):

(1)     Any area primarily located in the 100-year floodway.

(2)     Any areas of unusual topography or slope which renders same unusable for recreational activities.

(3)     The above characteristics of a park land dedication area may be grounds for refusal of any preliminary or final plat.

(b)     Each park shall have ready access to public streets or street.

(c)     Unless provided otherwise herein, any action by the city shall be by the city council, after consideration of the recommendations of the planning and zoning commission.

(d)     All park land dedication shall be consistent with the standards as set forth in the master plan.

(Ordinance 2005-010 adopted 8/11/05)

   ARTICLE 10.300 TREE PRESERVATION FOR COMMERCIAL DEVELOPMENTS

   Sec. 10.301     Scope and Purpose

(a)     This article shall be effective within the geographical limits of the city, including any areas subsequently annexed by the city.

(b)     The purpose of this article is to encourage the preservation of trees in nonresidentially zoned areas subject to commercial development that, once removed, can be replaced only after generations, to preserve protected trees during construction and to control the removal of protected trees when necessary. It is the intent of this article to achieve the following:

(1)     Prohibit the indiscriminate clearing of nonresidentially zoned property during the commercial development process.

(2)     Protect and increase the value of commercial properties within the city.

(3)     Maintain and enhance a positive image for the attraction of new business enterprises to the city.

(4)     Protect healthy quality trees and promote the natural ecological environmental and aesthetic qualities of the city.

(5)     Help provide needed shaded areas in order to provide relief from the heat by reducing the ambient temperature.

(6)     Help prevent erosion.

   Sec. 10.302     Definitions

For the purpose of this article, the following words and phrases shall have the meanings ascribed to them:

Buildable Area. That portion of a commercial building site exclusive of the required yard areas on which a structure or building improvements may be erected and including the actual structure, driveways and approaches, parking lots, pools and other construction as shown on a site plan and within fifteen (15) feet surrounding the structure and building improvements.

City. The City of Krugerville, Texas.

City Council. The city council of the City of Krugerville, Texas.

Clear-Cutting. The removal of all of the trees or a significant majority of the trees within an area of land.

Critical Root Zone. The area of native soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the drip line. (Figure 2 on file in the office of the city secretary.)

DBH or Diameter at Breast Height. The diameter, in inches, of a tree as measured through the main trunk at a point four and one-half feet (4.5') above the natural grade. For a multitrunk tree, the diameter shall be the total diameter of the largest trunk plus one-half (1/2) of the diameter of each additional trunk.

Drip Line. The periphery of the area encompassing a tree determined by dropping imaginary vertical lines from the outermost portion of its canopy to the ground.

Grade Change. Any changes in ground level or soil compaction within an area around or near the trunk of a tree that may adversely affect the health of the tree.

Limits of Construction. Delineation on the site plan defining the areas within which all construction activity may occur.

Mayor. The mayor of the City of Krugerville or the mayor's designee.

Person. Any person, corporation, partnership, firm, association or artificial entity, or any agent or employee of the foregoing.

Protective Fencing. A barrier from entry, constructed from chainlink, orange plastic, or other similar material at a minimum height of four feet (4') above ground level, restricting access to a tree protection zone.

Tree. Any living, self-supporting, woody perennial plant which at maturity will attain a trunk diameter of two inches (2") or more when measured at DBH and which will typically attain at maturity a height of at least fifteen feet (15').

Tree, Protected. Any tree having a DBH of six inches (6") or more, except mesquite, thorny honey locust, and willow trees.

Tree, Replacement. A tree as listed in the approved tree replacement list set forth in Section 10.315 of this article that has a minimum caliper required by this article and a minimum height of seven feet (7'), measured at ground level (natural grade) at the time of planting.

   Sec. 10.303     Limited Applicability

The terms and provisions of this article shall apply only to property in the territorial limits of the city that is zoned for one of the following categories: MF-Multifamily District; C1-Commercial District (Office, Light Retail, and Neighborhood Services); C2-Commercial District (General); I-Industrial/Manufacturing District; and PD-Planned Development District. This article is not intended to apply to residential development within the city. This article shall apply to all persons, including property owners, managers, trustees, and those persons who have control or responsibility over real property subject to the terms and provisions of this article.

   Sec. 10.304     Exceptions

(a)     Nothing herein contained shall require any change in the plans, construction or designated use of any parcel of property for which a permit for construction has been issued, as of the effective date of this article.

(b)     During the period of an emergency, such as a tornado, storm, flood or other natural disaster, the requirements of this article may be waived as deemed necessary by the mayor or the mayor's designee.

(1)     In addition to rights granted by easement, utility service providers lawfully within the right-of-way may remove trees during the period of an emergency that are determined by the provider to be a danger to public safety and welfare by interfering with utility service.

(2)     The city may clear streets and public rights-of-way of damaged or fallen trees, tree limbs, or other debris as needed as a result of a storm event.

(c)     In the installation or maintenance of facilities, utility service providers, including the city, or their contractors, agents, successors and assigns shall have the right to trim or remove trees so as to prevent any part of such trees from becoming a danger to public health, safety and welfare by interfering with utility service. Trimming shall be done in a manner such that the aesthetics and health of the trees are not destroyed. Existing trees already growing into utility lines shall be trimmed as necessary. The city may require boring under trees within the critical root zone area instead of trenching.

(d)     In the installation or maintenance of drainage facilities, creek channel lining, or erosion control measures, the city, or its contractors, agents, successors and assigns shall have the right to trim or remove trees so as to prevent any part of such trees from becoming a danger to public health, safety and welfare by interfering with said drainage improvements. The city may require boring under trees within the critical root zone area instead of trenching.

(e)     Diseased or damaged protected trees which are beyond the point of recovery or in danger of falling shall be exempt from the tree replacement and preservation plan requirements of this article. A tree removal permit shall be required but no permit fee shall be assessed or charged. In the case of code enforcement action, the notice of violation and description of the action to be taken shall serve as the permit to commence work. The removal of a diseased tree may be required to reduce the chance of spreading the disease to adjacent, healthy trees.

(f)     Plant nurseries shall be exempt from the provisions of this article only in relation to those trees planted and growing on the premises for sale, either retail or wholesale.

(g)     Any paved surface within the critical root zone of a protected tree that is in existence on or before the effective date of this article may be replaced or maintained.

   Sec. 10.305     Tree preservation and protection on Commercially Developed Properties

(a)     No person to whom the terms and provisions of this article applies shall cut down, destroy, remove or move, or effectively destroy through damaging, any protected tree, directly or indirectly, regardless of whether the protected tree is on private property or the abutting public right-of-way, unless exempt or excepted under the provisions of this article.

(b)     The city may issue a stop-work order for any development or construction project or activity at any time if the requirements of this article are not being met. Efforts will be made to allow a developer or builder to comply before the project is shut down.

(c)     No clear-cutting of land is allowed. Prior to the removal of any protected tree, regardless of construction or development schedule, a tree preservation plan must be submitted to and approved by the city council.

(d)     Prior to construction or development of a commercial project on a site that contains one (1) or more trees, a tree preservation plan must be submitted to and approved by the city council. If the site does not contain any protected trees, a letter, prepared by a registered surveyor, engineer, architect or landscape architect, shall be submitted to the city council which verifies that protected trees are not on the subject site.

(e)     The tree preservation plan submittal shall be accompanied by a site plan that includes but is not limited to the following:

(1)     Delineation of Site Boundaries.

(2)     Location of all existing or proposed structures and of all improvements such as streets, drives, alleys, septic systems, and easements.

(3)     Tree Location Map. All requests for tree removal permits must be accompanied by a map showing at a minimum the requirements as listed below.

(4)     Map Requirements. Maps shall show: the location of all buildings, structures, pools, utilities, other improvements intended on the lot and limits of construction line shown if applicable; the location of all protected trees; the location of tree(s) to be removed and replacement trees with dimensions from two nearest property lines; the caliper and common name of trees to be removed and any required replacement trees shown with caliper size and the common name of tree.

(5)     The reason for the proposed tree removal shall be summarized on legend form on the plan. The same summary shall also be submitted on a legible 8.5" x 11" document.

   Sec. 10.306     Protection of Trees

Protected trees that are not to be removed or have been identified on the tree preservation plan to be preserved must be protected under the following conditions:

(1)     No materials intended for use in construction or waste materials accumulated due to excavation or demolition shall be placed within the limits of the critical root zone.

(2)     No equipment shall be cleaned or other foreign materials deposited or allowed to flow overland within the critical root zone of a protected tree. This includes, without limitation, paint, oil, solvents, asphalt, concrete, mortar or similar materials.

(3)     No signs, wires or other objects, other than those of a protective nature, shall be attached to any protected tree. However, lighting of a decorative nature may be attached to a protected tree so long as the lighting is attached in a manner so as not to damage the protected tree.

(4)     Construction traffic or parking shall be limited so as to avoid taking place within the limits of the critical root zone of any protected tree other than on an existing paved surface. This restriction does not apply to access within the critical root zone for purposes of clearing underbrush, establishing the building pad and associated lot grading, vehicular traffic necessary for routine utility maintenance or emergency restoration of utility service, or routine mowing operations, however, these activities should be conducted in such a manner as to minimize the impact on the protected tree.

(5)     No grading or grade changes shall be conducted or allowed within the limits of the critical root zone of any protected tree unless required for structural integrity of buildings or improvements on approved building sites.

(6)     No paving with asphalt, concrete or other impervious materials shall be placed within the critical root zone of a protected tree. However, paving may encroach within the critical root zone of a tree upon approval by the city council.

(7)     No person, directly or indirectly, shall prune, cut down, destroy, remove or move, or effectively destroy through damaging, any protected tree on city-owned property unless otherwise permitted by this article.

   Sec. 10.307     Tree Removal Permit

(a)     An application for tree removal permit must be submitted to and approved by the planning and zoning commission prior to the removal of any protected tree unless exempt or excepted under this article. The fee for a tree removal permit shall be established by the city council.

(b)     Permits for tree removal issued in connection with a building permit or site plan shall be valid for the period commensurate with the building permit or site plan. Permit(s) for tree removal not issued in connection with a building permit or a site plan shall become void one hundred eighty (180) days after the issue date on the permit. Notwithstanding, a permit may be revoked by the mayor or the mayor's designee if the holder of the permit violates any provisions of the permit or this article.

   Sec. 10.308     Action on Permit Application

(a)     Upon receipt of a sufficient application for a tree removal permit, the mayor or the mayor's designee shall review and approve or deny all requests submitted in accordance with the requirements specified herein.

(b)     Any denial of a permit by the mayor or the mayor's designee may be appealed to the city council. Action by the city council shall be final.

(c)     Consideration for the approval of a tree removal permit shall be based upon the following guidelines:

(1)     Whether the removal of the protected tree is permitted by this article and the exceptions enumerated herein;

(2)     Whether or not a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the removal of the protected tree;

(3)     The effect of the removal of the protected tree on erosion, soil moisture, retention, the flow of surface water, and drainage systems;

(4)     The need for buffering of residential areas from the noise, glare, and the visual effects of streets, highways and nonresidential uses;

(5)     Whether the removal of the protected tree affects the public health, safety or welfare of the residents of the city; and

(6)     Whether the application demonstrates the attempt to preserve existing trees on the site.

(d)     No certificate of occupancy shall be issued until all fines and administrative and civil penalties for violations of this article have been paid to the city.

   Sec. 10.309     Prior to Construction

The following procedures shall be followed on all commercial construction projects including but not limited to commercial, multifamily and manufacturing developments; utility easement, right-of-way and manufactured housing development; and road and sidewalk construction:

(1)     Tree Flagging. All protected trees on the subject property within forty (40) feet of a construction area or surface improvements such as driveways, alleys or walks, shall be flagged with bright fluorescent orange vinyl tape of at least 2-inch width wrapped around the main trunk at a height of four (4) feet or more such that the tape is visible to workers operating construction equipment. This shall include the flagging of all protected trees adjacent to rights-of-way within approved residential subdivisions during the construction of roadways. All flagging shall remain in place during the entire phase of construction at all times.

(2)     Open Space Flagging. All trees or groups of trees within areas intended to be preserved as open space shall be enclosed with bright fluorescent orange vinyl tape of at least 2-inch width along all areas of possible access or intrusion by construction equipment. Tape shall be supported at a maximum of twenty-five (25) foot intervals by wrapping trees or other approved methods. Single incident access for the purposes of clearing underbrush is allowed. All flagging shall remain in place during the entire phase of construction at all times.

(3)     Protective Fencing. Protective fencing will be located at the drip lines of all protected trees that border the limits of construction, and only where construction activity occurs, as designated by the mayor or his designee.

(4)     Bark Protection. In situations where a protected tree remains in the immediate area of intended construction, the tree shall be protected by enclosing the entire circumference of the tree with 2-inch by 4-inch lumber encircled with wire or other means that do not damage the tree. The purpose is to protect the bark of the tree against incidental contact by large construction equipment.

   Sec. 10.310     Permanent Construction Methods

(a)     Boring. Boring of utilities under protected trees may be required in certain circumstances. When required, the length of the bore shall be the width of the critical root zone at a minimum and shall be a minimum depth of forty-eight (48) inches.

(b)     Trenching. Where possible, all trenching shall be designed to avoid trenching across the critical root zone of any protected tree. This shall not inhibit the placement of necessary underground utility services such as electric, telephone, gas, etc. No trenches in the critical root zone of a protected tree may be left open for more than 24 hours.

(c)     Root Pruning. It is required that all roots two (2) inches or larger in diameter which are exposed as a result of trenching or other excavation be cut off square with a sharp medium tooth saw and covered with pruning compound within two hours of initial exposure.

(d)     Rehabilitation. All post boring and trenching in the critical root zone and root pruning shall require rehabilitation treatments of watering and fertilizing with root stimulator as recommended by an arborist certified by the International Society of Arborists.

   Sec. 10.311     Tree Replacement Requirements

(a)     Replacement trees shall be required under the following conditions:

(1)     To replace a protected tree that is removed as specified in this article, unless excepted by Section 10.315 of this article; or

(2)     To replace a tree that was identified on a tree preservation plan but dies within two (2) years of the date it was planted.

(b)     Replacement trees shall be planted in accordance with the provisions of this article per the following rates:

For each Protected Tree to be Removed (" Caliper)

Required Size and Number of New Replacement Trees

  

6" to 12" caliper

Minimum 3" caliper, equivalent to 150% of caliper inches removed

  

Greater than 12" to 30" caliper

Minimum 4" caliper, equivalent to 150% of caliper inches removed

  

Greater than 30" caliper

Minimum 6" caliper, equivalent to 150% of caliper inches removed

(c)     No more than 34% of the number of replacement trees shall be of the same species when twelve (12) or more replacement trees are required. All replacement trees must be of a species designated in the approved tree replacement list set forth in Section 10.315 of this article.

(d)     The replacement trees shall be located on the subject site. However, if there is not a suitable location for the replacement trees on the subject site, the city council may approve either of the following or a combination of the following:

(1)     The planting of the replacement trees within a public right-of-way, public parkland or any other municipally owned property;

(2)     The planting of the replacement trees within private open space (common ground areas); and

(3)     The payment of a fee into the tree restoration fund in the amount in accordance with a fee schedule provided by the city. The fee schedule shall be based on the current Texas A&M Extension Service Fact Sheet for Evaluation of Texas Shade Trees. The funds shall be used for the purposes of purchasing, installing and maintaining trees on public rights-of-way, public parkland or any other municipally owned property, or any other purpose as determined by city council.

   Sec. 10.312     Miscellaneous provisions

(a)     Trees required to be planted by this article shall be planted in such a manner as not to constitute, at the time of planting and at the point of full maturity, any interference with the visibility triangles at intersections or to interfere with the view of motor vehicles.

(b)     If any tree required to be retained or planted as required by this article should die within a period of two (2) years after completion of the activities associated with construction or development, the property owner or person required to plant the replacement tree(s) shall replace the trees within six months at a ratio of one-to-one with an approved identical size tree from the approved replacement tree list set forth in Section 10.315 of this article.

(c)     The filling and reclamation of property and mitigation as delineated on a Section 404 Permit, issued by the U.S. Army Corps of Engineers, shall be permitted in lieu of the requirements of this article. The removal of any protected tree on the subject property shall be in accordance with a filling, reclamation, and mitigation plan approved and/or ordered by the Corps of Engineers incident to the filling and reclamation of wetlands and flood lands on such property. As soon as the reclamation and mitigation prescribed by the Corps of Engineers has been completed, and the property is no longer under the supervision and authority of the Corps of Engineers, this article shall immediately apply to such property thereafter.

   Sec. 10.313     Variances

The city council may approve a tree removal permit and approve an exception to all or a portion of the requirements of this article to provide for replacement trees for the following:

(1)     A public or recreational use or structure, but not including rights-of-way or easements.

(2)     A private use that usually requires large areas of open space or impervious surface.

(3)     Development of heavily forested sites where strict compliance with the requirements of this article will unreasonably burden the use of the property.

   Sec. 10.314     Penalties

(a)     Any person who cuts, removes or destroys a protected tree in violation of this article may be subject to a civil penalty imposed by the mayor or the mayor's designee of not less than one hundred dollars ($100.00), or more than one thousand dollars ($1,000.00), for each caliper inch of protected tree cut, removed or destroyed. Upon a finding that a person has violated this article, the mayor or the mayor's designee shall determine an appropriate administrative penalty, after due consideration of the danger of repetition, the severity of the offense, and all relevant circumstances. The city secretary shall transmit notice of the violation and of the assessment of administrative penalties to the offending person who may, within twenty (20) days after receipt of notice, request an appeal of the mayor's penalty assessment to the city council. Said notice of appeal must be timely and shall state the basis of the appeal in plain and intelligible language. The city council shall, upon receipt of a notice of appeal, promptly schedule the matter for hearing and upon hearing, shall sustain, reverse or modify the determination and assessment of the mayor or the mayor's designee, as the city council deems appropriate and in the ends of justice. The city council's determination shall be final.

(b)     Any person violating any term or provision of this article shall be deemed guilty of a misdemeanor and subject to a penalty as provided for in this article, and upon conviction shall be punished by fine in accordance with the general penalty provision found in Section 1.109 of this Code, for each offense, and each and every day such violation shall continue shall constitute a separate offense.

(c)     Any person who violates any of the provisions of this article, or who fails to comply therewith or with any of the requirements hereof, or who commences construction or development of any real property in violation of any plan submitted or approved under this article, or who fails to obtain a permit where required herein, or who erects, occupies or alters any structure or building, or commences to erect, occupy, or alter any structure or building in violation of any plan submitted or approved under this article, shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Each and every day such violation exists or is continued to exist shall constitute a separate offense. The owner of the building, structure, property or premises, or part thereof, where such violation exists, and any architect, builder, contractor or agent employed in connection therewith who may have assisted in the commission of any such violation shall each be deemed guilty of a separate offense and, upon conviction, shall be subject to the penalties herein provided. Upon conviction, the judge may order the defendant to replace the tree or trees with other trees equal to or greater in height, diameter and type of that which was unlawfully removed.

(d)     In addition to the penalties hereinabove provided, the city may, at its option, pursue compliance with the terms and provisions of this article by injunctive relief in the appropriate courts of the county.

(e)     The remedies provided in this article shall be cumulative and the city's pursuit of any one remedy shall not be construed as an election; the city may pursue any and all remedies allowed by state law or the ordinances of the city.

   Sec. 10.315     Approved Replacement Tree List

Large Trees

Small/Ornamental Trees

 

Afgan Pine *

American Holly

American Elm

Aristocrat Pear

Bald Cypress

Ashe Juniper *

Big Tooth Maple

Bradford Pear

Black Hickory *

Carolina Buckthorn

Black Walnut

Chinese Pistachio

Blackjack Oak

Desert Willow *

Buckeye *

Dogwood Crepe Myrtle

Bur Oak *

Eastern Redbud *

Caddo Maple

Escarpment Live Oak

Catalpa *

Eve's Necklace

Cedar Elm *

Flowering Crabapple

Chinese Pistachio *

Forest Pansy Redbud *

Chinquapin Oak *

Foster Holly

Durand Oak

Golden Raintree

Eastern Red Cedar

Japanese Black Pine

Ginko

Japanese Maple

Lacebark Elm *

Little Gem Magnolia

Lacey Oak

Mexican Plum *

Live Oak

Mexican Redbud

Mountain Cedar

Mountain Laurel *

Pecan

Nellie R. Stevens

Plateau Live Oak *

Oklahoma Redbud *

Post Oak

Possumhaw *

Red Maple

Prairie Flameleaf Sumac

Shumard Red Oak *

Purple Plum

Southern Live Oak *

Rusty Blackhaw

Southern Magnolia

Saucer Magnolia

Sugarberry *

Savannah Holly

Sweetgum

Smoke Tree *

Sycamore

Texas Persimmon *

Texas Ash *

Texas Redbud

Texas Red Oak *

Washington Hawthorne

Trident Maple

Yaupon Holly *

Western Soapberry *

Vitex *

White Ash

Wax Myrtle

Texas Red Oak *

 

Western Soapberry *

 

White Ash

 

* Plants preferred due to lower water demand and high pest resistance.

(Ordinance 2009-003 adopted 2/11/09)

   ARTICLES 10.400–10.900 RESERVED

   ARTICLE 10.1000 SUBDIVISION ORDINANCE

The comprehensive subdivision ordinance, Ordinance 2000-21, adopted by the city on January 3, 2001, is included at the end of this chapter as exhibit A. Due to the nature of the subdivision ordinance and the technicalities involved in adopting or amending it, such ordinance is printed herein as enacted, with only nonsubstantive formatting and style changes. Capitalization, punctuation and numbering of articles, sections and subsections have been retained as enacted. Subsequent amendments will be inserted in their proper place and denoted by a history note following the amended provisions. The absence of a history note indicates the material is unchanged from the original. Obviously misspelled words have been corrected without notation. Any other material added for purposes of clarification is enclosed in brackets. (Ordinance adopting Code)

   EXHIBIT A

SUBDIVISION ORDINANCE

ORDINANCE NO. 2000-21

AN ORDINANCE PRESCRIBING RULES AND REGULATIONS GOVERNING PLATS, PLANS AND SUBDIVISIONS OF LAND WITHIN THE CORPORATE LIMITS OF THE CITY OF KRUGERVILLE, TEXAS, AND WITHIN ITS EXTRATERRITORIAL JURISDICTION, CONTINING CERTAIN DEFINITIONS; PROVIDING FOR A PRELIMINARY PLAN; A FINAL PLAT, AND PROVIDING FOR FINAL APPROVAL OF SUBDIVISIONS BY SECTIONS; PRESCRIBING DESIGN PROVISIONS FOR STREETS, SANITARY UTILITIES, WATER MAINS, STORM SEWERS AND OTHER DRAINAGE STRUCTURES AND PUBLIC UTILITIES; PROVIDING FOR A PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS ($500.00) FOR EACH VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND AUTHORIZING THE CITY SECRETARY TO CAUSE PUBLICATION OF THIS CAPTION.

WHEREAS, under the laws of the State of Texas, every owner of any tract of land situated within the corporation limits of the City of Krugerville, Texas, or within its extraterritorial jurisdiction who may hereafter divide the land in two (2) or more tracts described by metes and bounds or otherwise for the purpose of laying out any subdivision of such tract of land or any addition to said City of Krugerville, or laying out suburban lots or building lots, or any lots, and streets, or parks and other portions intended for public use, or the use of purchases or owners of lots fronting thereon or adjacent thereto, are required to submit a plat of such subdivisions or addition for approval by the City Council of the City of Krugerville; and

WHEREAS, the City Council of the City of Krugerville is empowered by law to establish the general plan of the City of Krugerville and plan for the expansion and further development and/or redevelopment of Krugerville and of the roads, streets, public highways, parks, and public utilities facilities within the City or within its extraterritorial jurisdiction;

WHEREAS, the City Council of the City of Krugerville is authorized to adopt rules governing plats and the subdivision of land within the city limits and the city's extraterritorial jurisdiction to promote the health, safety, and general welfare of the citizens, and is empowered by law to promulgate and establish the general plan of said City and its streets, parks, public utility facilities, including those which have been or may be laid out, together with the general plan for the extension of such City and of its roads, streets, and public highways within the City or within its jurisdiction; and

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KRUGERVILLE, TEXAS:

   PART I – GENERAL

   Article 1.     Short Title

1-100     This Ordinance may be known and cited as the “Krugerville Subdivision Ordinance.”

   Article 2.      Authority

2-100     This Ordinance is adopted under the authority of the Constitution and laws of the State of Texas, including particularly Chapters 212 (Subdivisions), 242 (Subdivisions in ETJ), 42 (Extraterritorial Jurisdiction), 52 (Adoption of Ordinance), and 54 (Enforcement of Ordinances) as Texas Local Government Code, 1992 Edition.

   Article 3.      Purpose

3-100     The purposes for which this Ordinance is created are: to provide for the orderly, safe and healthful development of the area within the city and within the area surrounding the city and to promote the health, safety and general welfare of the community; to establish orderly policies and procedures to guide development of the city; to provide for establishment of minimum specifications for construction and engineering design criteria to maintain land values, reduce inconveniences to residents of the area, and to reduce related unnecessary costs to the city for correction of inadequate environmental conditions; to ensure that development of land and subdivisions shall be of such nature, shape and location the utilization will not impair the general welfare and to ensure against the dangers of fires, floods, erosion, landslides, or other such menaces; to provide proper utilities and services for adequate drainage, water supply, and disposal of sanitary and industrial waste; to provide streets that ensure safe, convenient and functional systems for vehicular and pedestrian circulation; to furnish adequate sites, convenient to schools, parks, playgrounds, and other community services, respecting topography and existing vegetation so that the natural beauty of the land shall be preserved.

   Article 4.      Interpretation

     In the interpretation and application of the provisions of these regulations it is the intention of the city council that the principles, standards and requirements provided for herein shall be minimum requirements for the platting and developing of subdivisions in the City of Krugerville, and where other ordinances of the city are more restrictive in their requirements, such other ordinances shall control.

   Article 5.      Definitions

5-100     For the purposes of this ordinance, the following terms, phrases, words, and their derivations shall have the meaning ascribed to them in this section. Words and terms not expressly defined herein are to be construed according to their customary usage in the practice of municipal planning and engineering.

Administrative Officers: Any office referred to in this Ordinance by title, i.e., Mayor, City Attorney, City Secretary, City Engineer, etc., shall be the person so retained in this position by the City, or that person's duly authorized representative.

Building Setback Line: The line within a property defining the minimum horizontal distance between a building (or other structure) and the adjacent property line.

Commission: The Planning and Zoning Commission of the City.

Council: The duly elected governing body of the City of Krugerville, Texas.

Cul-de-Sac: A street having but one outlet to another street, and terminated on the opposite end by vehicular turn-around.

Dead-End Street: A street, other than a cul-de-sac, with only one outlet.

Easement: The word “easement” shall mean an area for restricted use on private property upon which any public utility shall have the right to remove and keep removed all or part of any buildings, fences, tree, shrubs, or other improvements or growths which in any way endanger or interfere with the construction, maintenance, or efficiency of its respective systems on any of these easements. Any public utility shall at all times have the right of ingress and egress to and from and upon the said easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone.

Engineer: A person duly authorized under the provisions of the Texas Engineering Registration Act, to practice the profession of engineering and who is specifically qualified to design and prepare construction plans and specifications for subdivision development.

Final Plat: The one official and authentic map of any given subdivision of land prepared from actual field measurement and staking of all identifiable points by a Surveyor with the subdivision location referenced to a survey corner and all boundaries, corners and curves of the land division sufficiently described so that they can be reproduced without additional references. Angular measurements and bearings shall be accurate to the nearest second.

Distances shall be accurate to the nearest hundredth of afoot. The final plat of any lot, tract, or parcel of land shall be recorded in the Records of Denton County, Texas.

Lot: An undivided tract or parcel of land having a minimum of 80 feet of frontage on a public street and which is, or in the future may be offered for sale, conveyance, transfer or improvements; which is designated as a distinct and separate tract, and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed of record.

Master Plan: The phrase “Master Plan” shall be the comprehensive plan of the City and adjoining areas as adopted by the City Council and the City Planning and Zoning Commission, including all its revisions. This plan indicates the general location recommended for various land uses, transportation routes, public and private buildings, streets, parks, water, sewer, and other public and private developments and improvements.

May, Shall: The word “may” is merely directive. The word “shall” is always mandatory.

Pavement Width: The portion of a street available for vehicular traffic. Where curbs are laid, it is the portion between the faces of the curbs.

Person: Any individual, association, firm, corporation, governmental agency, or political subdivision.

Planning Commission: Same as Commission.

Preliminary Plan: The graphic expression of the proposed overall plan for subdividing, improving and developing a tract shown by superimposing a scale drawing of the proposed land division on a topographic map and showing in plan existing and proposed drainage features and facilities, street layout and direction of curb flow, and other pertinent features with notations sufficient to substantially identify the general scope and detail of proposed development.

Replatting: “Replatting” is the resubdivision of any part or all of any block or blocks of a previously platted subdivision, addition, lot or tract.

Sketch Plan: A sketch drawing of initial development ideas superimposed on a topographic map to indicate generally the plan of development and to serve as a working base for noting and incorporating suggestions of the Commission, Engineer, or others who are consulted prior to the preparation of the preliminary plat.

Street: A public right-of-way, however designated, which provides vehicular access to adjacent land.

1.     Major Thoroughfares (also Arterial Streets, Primary Thoroughfares etc.) provide vehicular movement from one neighborhood to another, to distant points within the Urban Area or to Freeways or Highways leading to other communities.

2.     Collector Streets (also Feeder Streets, Secondary Thoroughfares, etc.) provide vehicular circulation within neighborhoods and from minor streets to major thoroughfares. Due to similarity of traffic volume and wheel loadings, street through commercial and industrial areas are frequently constructed to same design as Collector Streets.

3.     Local Residential Streets (also Minor Thoroughfares or Streets, etc.) are primarily for providing direct vehicular access to abutting residential property.

Street and Alley Width: The terms “street width” or “alley width” shall be the shortest distance between the lines which delineate the rights-of-way.

Subdivider: Any person or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. In any event, the term “subdivision” shall be restricted to include only the owner, equitable owner or authorized agent of such owner or equitable owner, of land sought to be subdivided.

Subdivision (also “Addition”): A division of any tract of land situated within the corporate limits, or within the extraterritorial jurisdiction of such limits, in two or more parts for the purpose of laying out any subdivision of any tract of land or any addition, or for laying out suburban lot or building lots, or any lots and streets, alleys or parts or other portions intended for public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto. Subdivision includes resubdivision, but it does not include the division of land in parcels or tracts of five (5) acres or more, nor division of land for purposes of partition between joint development; and not involving any new street, alley or easement of access. When appropriate to context, the term subdivision shall relate to the process of subdividing or to the land subdivided. Subdivision includes the sale of a portion of a larger tract of land to another.

Surveyor: A Registered Public Land Surveyor, as authorized by the State statutes to practice the profession of surveying.

City: The City of Krugerville, Texas, together with all its governing and operating bodies.

City Engineer: “City Engineer” shall apply only to such Registered Professional Engineer or firm of Registered Professional Consulting Engineers that has been specifically designated as such by Resolution of the City Council.

Utility Easement: An interest in land granted to the City, to the public generally, and/or to a private utility corporation, for installing and maintaining utilities across, over or under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities.

   Article 6.      Severability and Validity

6-100     It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable and, if any phrase, clause, sentence, paragraph or section of this Code shall be declared invalid by the valid judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the City Council without the incorporation in this Code of any such invalid phrase, clause, sentence, paragraph or section.

   Article 7.      Effective Date

7-100     This Ordinance shall be effective ten days from and after the date of its publication.

   Article 8.      Compliance Required (Affected Parties)

8-100     Every owner of every tract of land located within the corporate limits or extraterritorial jurisdiction of the City of Krugerville who divides the tract into two or more parts as provided in Chapter 212, Subchapter A and B, of the Local Government Code shall cause a plat to be made by a registered public surveyor which shall accurately describe all the said tracts by previously platted lot or block number or by metes and bounds if necessary and locate same as required by this Ordinance. All platted lots shall meet the minimum frontage required by the Zoning Ordinance onto a paved street meeting the right-of-way and pavement requirements of the Zoning Ordinance. This ordinance will apply to land being subdivided and to land that has been subdivided and platted without improvements being made or the completion of those improvements, except where prior City Council approval has designated the measure of acceptable criteria and conditions of acceptance for improvements thereupon. Where improvements have not been made on land that has been platted and the City Council has not conditionally established approval of improvements, then all the provisions and criteria established by this ordinance will be in full force.

8-101     No land shall be subdivided within the corporate limits of the City of Krugerville or its extraterritorial jurisdiction until:

1.     The subdivider/owner has submitted and obtained review of a Sketch Plat by the City Staff; and,

2.     The subdivider/owner has obtained approval of the Preliminary Plat (when required) or Final Plat by the Planning and Zoning Commission and City Council, or Short Form by the City Staff and City Council; and,

3.     An approved final plat is filled with the Denton County Clerk.

   Article 9.      Penalty for Violation

9-100     Any person, firm or corporation who shall violate any of the provisions of this Ordinance or who shall fail to comply with any provision hereof shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed Five Hundred ($500.00) Dollars, and each day that such violation continues shall constitute a separate offense and shall be punishable accordingly. Prosecution or conviction under this provision shall never be a bar to any other remedy or relief for violations of this Ordinance.

   Article 10.      Variances

10-100     The Planning and Zoning Commission may recommend and the City Council may authorize a variance from these subdivision regulations when, in its opinion, extraordinary hardship will result from requiring strict compliance.

     The Planning and Zoning Commission shall not propose a variance unless there are special circumstances or conditions influencing the subdivision involved.

10-101      In the recommendation of a variance, the Planning and Zoning Commission shall set out the conditions that it finds necessary or advantageous to the public interest in proposing such variances that will not have the effect of nullifying the intent and purpose of these regulations.

     Financial hardship to the applicant shall not be deemed sufficient reason to constitute the recommendation of a variance.

10-102      In granting a variance, the Council shall prescribe only conditions that it deems necessary to or desirable in the public interest. In making the findings herein below required, the Council shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the Council finds that all of the following conditions exist:

1.     That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of his land; and

2.     That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and

3.     That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and

4.     That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance. Such findings of the council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Council meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this Ordinance so that the public health, safety, and welfare may be secured and substantial justice done. Pecuniary hardship to the subdivider standing alone shall not be deemed to constitute undue hardship.

**Engineer will review all variance requests.

10-103      The Planning and Zoning Commission, in the recommendation of a variance to the City Council, shall submit to them a letter containing all the specific facts and pertinent data upon which such a variance has been based, and such documents shall be entered into the official minutes of the Council Meeting. Such results as determined by the City Council, after considering the material submitted by the Planning and Zoning Commission, shall be final. At the discretion of the Planning and Zoning Commission, the variance request may be reviewed by the City Engineer with all costs to be paid by the applicant.

   Article 11.      Appeals

11-100      Any subdivider aggrieved by a finding or action of the Commission and/or Council shall appear by filing written Petition in a court of competent jurisdiction within thirty (30) days from the date of such finding or action, and not thereafter.

   Article 12.      Special Provisions for Enforcement

12-100      A subdivision plat shall not be filed of record until it has been approved by the Planning and Zoning Commission and the City Council; and any such actual recording shall be void unless such approval shall be endorsed on the face of the plat as hereinafter provided.

12-101      No construction work shall begin on the proposed improvements in the proposed subdivision prior to the final plat being approved by the City Council.

12-102      No change, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given by the City Council and endorsed on the plat in writing, unless said change, revision or modification is first submitted to and approved by the City Council.

12-103      No building permit shall be issued by the City for any structure on any lot in a subdivision unless a valid septic tank license for the specific lot has first been obtained from the Texas Natural Resource Conservation Commission or which is not serviceable by the community sanitary sewerage collection and treatment system, County Health Department. (See Article 53).

12-104      No building, repair, plumbing or electrical permit shall be issued by the City for any structure on a lot in a subdivision for which a final plat has not been approved and filed for record, nor for any structure on a lot within a subdivision in which the standards contained herein or referred to herein have not been complied with in full.

12-105      The City shall not authorize any other person nor shall the City itself repair, maintain, install or provide any street or public utility services in any subdivision for which the standards contained herein or referred to herein have not been complied with in full.

12-106      Disapproval of a plat by the Council shall be deemed a refusal by the City to accept the offered dedications shown thereon. Approval of a plat shall not impose any duty upon the City concerning the maintenance or improvement of any such dedicated parts until the proper authorities of the City have actually appropriated the same by entry, use, or improvement. Any such dedication, before or after actual appropriation may be vacated by the Council in any manner provided by law.

12-107      The City shall not authorize any other person nor shall the City itself sell or supply any water, gas, electricity, or sewerage service within a subdivision for which a final plat has not been approved or filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full.

12-108      In behalf of the City, the City Attorney shall, when directed by the City Council, institute appropriate action in a court of competent jurisdiction to enforce the provisions of this Ordinance or the standards referred to herein with respect to any violation thereof which occurs within any area subject to all or a part of the provisions of this Ordinance.

12-109      In addition thereto any abutting owner or lessee or other person prejudicially affected by the violation of the terms of this Ordinance may resort to any court of competent jurisdiction for any writ or writes, or to obtain such relief, either in law or equity, as may be deemed advisable in these premises.

12-110      If any subdivision exists for which a final 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 shall pass a resolution reciting the facts of such non-compliance and failure to secure final plat approval, and reciting the fact that the provisions of paragraphs 12-101, 103, 104, 105, and 106 of this Section will apply to the subdivision and the lots therein. 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 filed in the Deed Records of the County in which such subdivision or part thereof lies. If full compliance and final plat approval are secured after filing of such resolution, the City Secretary shall forthwith file an instrument, in the Deed Records of such County stating that fact.

   Article 13.      Amendment

13-100      The City Council may from time to time amend this Ordinance in accordance with appropriate procedures provided by law.

   Article 14.      Improvements Required

14-100      The subdivider shall furnish, install and/or construct the water and sewerage systems and the street and drainage facilities necessary for the proper development of the subdivision. All such facilities shall be designed and constructed in accordance with the Design Provisions contained in this Ordinance, and other standards, specifications, and drawings as may be hereafter adopted, approved by the City Council and placed on file in the office of the City Secretary.

14-200      Where considered necessary by the City Engineer, and/or as recommended by the Commission or shown on the master plan, the facilities shall be sized in excess of that dictated by the design criteria to provide for future growth and expansion.

   PART II - GENERAL SUBDIVISION DEVELOPMENT PROCESSINGPROCEDURE

   Article 15.      General

15-100      All property not subdivided into lots, blocks, and streets, or property to be resubdivided, within the City or within its jurisdiction shall hereafter be laid out subject to the approval of both the Planning Commission and the City Council, and no other subdivision will be recognized by the City. Prior to the consideration of the plans and plats by the Planning Commission, the Council and their duly authorized representatives shall check the materials and make recommendations.

   Article 16.      Procedure Summary

16-100      Any person dividing property into two (2) or more tracts or lots within the City limits or extraterritorial jurisdiction of the City shall conform to provisions of the subdivision ordinance. (Exception: A property division into tracts of five (5) acres or more for agricultural use and involving no street or utility construction).

   Article 17.      Plat Filing Process

17-100      The detailed procedures within each phase of subdivision development processing are covered in Parts III, IV, and V of this Ordinance.

17-101      Procedures

1.     Preapplication conference between City Secretary and subdivider (or representative).

2.     Optional preliminary hearing.

3.     Preparation of preliminary plat.

4.     Submission of preliminary plat to City Secretary together with filing fee. (Ten prints at scale of 1"-100' or larger and twelve copies on 8 ½" x 11" sheets.)

5.     Copy is sent to City Engineer for review.

6.     City Engineer shall return marked copy to subdivider for revision or to Planning and Zoning Commission for action.

7.     City notifies all property owners within 200'.

8.     Planning and Zoning considers proposed subdivision within thirty days after formal submission to City Secretary.

9.     If preliminary plat accepted or accepted with conditions by Planning and Zoning, subdivide, prepares final plat. (ten prints at scale of 1"-100' and twelve copies 8 ½" x 11" sheets.)

10.     Final plat is submitted to Planning and Zoning Commission.

11.     Planning and Zoning Commission reviews and makes recommendation to City Council.

12.     City Council reviews and makes final decision (approval or rejection).

13.     Subdivider pays development inspection fees and provides to City a copy of performance and payment bonds.

14.     Inspections are made by City Engineer or his representative during construction of dedicated improvements.

15.     When improvements are completed, subdivider applies to City Engineer through City Secretary for final acceptance of dedicated improvements.

16.     City Engineer shall certify to City Council that all improvements have been completed in accordance with City requirements. (Requirements include test results, contract completion certificate, as-built plans, and maintenance bond.)

17.     City Council give final acceptance of constructed facilities and approves issuance of Building Permits.

18.     Subdivider provides the City a maintenance bond in the amount of one hundred (100%) percent of total cost of dedicated improvements to cover any repairs due to workmanship or materials. Bond is to be furnished prior to acceptance of dedicated improvements and is to be for one year from date of final acceptance.

19.     Subdivider pays filing fee to City Secretary who files final plat with County Clerk within thirty days after acceptance by City Council.

20.     City Engineer is to inspect all dedicated facilities not later than thirty days prior to end of warranty period and submit written report to City. Any necessary repairs are to be noted and will extend the warranty period until repairs are made to satisfaction of engineer and council.

21.     No building permits are to be issued prior to final approval and acceptance of dedicated improvements.

   PART III - PRE-APPLICATION PROCEDURE

   Article 18.      Scope and Purpose

18-100      Prior to the official filing of a preliminary plan, the subdivider should avail himself of a copy of the Subdivision Regulations and should prepare a sketch plan of the proposed subdivision. The subdivider should submit the sketch plan to the City Secretary or other administrative officer so designated by the City. Preparation and presentation of the sketch plan is not mandatory and no approvals, either tentative or final, will be given on sketch plans; however, their preparation is recommended as an economy measure.

     This phase does not require formal applications, payment of a fee, or the filing of a plat, but is rather an informal consultation with the City, in order that the subdivider may save himself time and money in the preparation of the preliminary and final plats by determining the rules, regulations and policies as set forth by the Planning Commission.

     The aim and purpose of the pre-application procedure is to offer the developer or subdivider the background and experience of the Planning Commission in the preparation of the preliminary plat. It is not the intent or policy of the Planning Commission to do the planning or engineering for the subdivider, but rather to steer his efforts into the most efficient and economical means of coordination with the Subdivision Ordinance.

   Article 19.      Sketch Plan

19-100      The subdivider should present such general subdivision information as will outline the existing conditions of the site, utilities, and available community facilities. A simple rough sketch should indicate the location of the proposed subdivision, number of residential lots, typical lot width and depth, commercial areas, park and playground areas, proposed protective covenants or restrictions, and proposed utilities and street improvements.

   Article 20.      Preliminary Conference

20-100      At the time the sketch plan is presented to the Planning and Zoning Commission, a preliminary conference should be held for the general comments and clarifications which are usually necessary. At that time, the subdivider should obtain copies of all forms, publications, design criteria and standards available from the City for his reference and for the benefit of his engineer.

   PART IV - PRELIMINARY PLAN REQUIREMENTS

   Article 21.      General

21-100      The subdivider shall cause to be prepared a preliminary plan by an Engineer, and/or Land Planner, in accordance with this Ordinance.

21-101      Until a preliminary plan of a subdivision shall have been approved in accordance with these controls, no person shall subdivide or shall submit a final plat thereof, or shall file a record of survey, or a map or plat for record, or proceed with any grading construction or other work on the same. The Commission shall approve or disapprove any preliminary plan within thirty (30) days from the date of the Commission meeting at which it is filed for consideration by the Commission.

   Article 22.      Application and Copies Required

22-100      The Subdivider shall submit to the City Secretary ten (10) black or blueline prints, together with other required data, showing all preliminary information as hereinafter required at least twenty (20) days prior to the date on which formal application for preliminary approval will be filed for consideration by the Planning Commission. On request from the Subdivider, the City Secretary will advise him of the date and time of the meeting of the Planning Commission at which time the preliminary planning information will be filed and considered. Prior to the date set for Commission consideration the City Secretary shall submit two (2) copies of the preliminary planning information to the engineer for the City to obtain his recommendations for the Planning Commission. The preliminary information will be furnished to the Planning Commission by the City Secretary.

   Article 23.      Filing Fee

23-100      When the preliminary plat and plans are filed with the City Secretary for consideration and approval, it shall be accompanied by a filing fee of $500.00 dollars plus $25.00 per residential lot or $300.00 per commercial lot. The payment of the preliminary plat fee shall constitute formal request for preliminary plat approval. No action by the Planning and Zoning Commission shall be valid until this fee is paid. This fee shall not be refunded should the subdivider fail to make a complete preliminary plan submittal or should the preliminary plat and plans be disapproved. The subdivider, however, may resubmit the preliminary plan information to the Planning and Zoning Commission with the required revisions or additional information without payment of an additional fee.

   Article 24.      Formal Application

24-100      Formal application for preliminary approval for subdivision development shall be made by the Subdivider in writing to the Commission at the official meeting at which the preliminary plan is to be considered by the Planning Commission which shall be considered as the filing date.

24-101      The subdivider and his Engineer or land planner should be present at the meeting. The subdivider, by written notice filed with the City Secretary, may designate his Engineer or land planner as his agent in the processing of his subdivision.

   Article 25.      Form and Content of Preliminary Information

25-100      The plans shall be drawn on sheets 36 inches wide and 22 or 24 inches high with a binding margin of not less than one and one-half (1½") inches on the left side of the sheet; and margins not less than one-half (1/2") inch on the other three sides.

25-101      The plans will be drawn to a scale of not more than one hundred (100') feet to one (1) inch. Whenever the size of the subdivision is such that the full area cannot be covered on a single sheet with space for titles and other required identification, the plans may be drawn on a number of separate sheets with matching lines to facilitate joining them together as a continuous composite plat. When more than one sheet is necessary to accommodate the entire tract proposed for subdivision, an index map showing the entire subdivision shall be furnished and each portion of the subdivision shall be indicated on the index map.

     Where more than one sheet is so used, they shall also be accompanied by photographic reductions of the various sheets reduced in scale and joined together to form a single overall composite of the plat on a sheet 36 inches wide and 22 or 24 inches high.

     Where the proposed subdivision constitutes a unit of a larger tract owned by the subdivider, which is intended to be subsequently subdivided as additional units of the same subdivision, the preliminary plats shall be accompanied by a layout of the entire area showing the tentative proposed layout of streets, blocks, drainage, water, sewerage, and other improvements for such areas.

25-102     Preliminary Planning Information shall consist of at least the following separate sheets.

          Sheet No. 1 - Preliminary Plat

1.     Name and address of the Subdivider, record owner, and of the engineer, planner, or surveyor.

2.     Proposed name under which the subdivision is to be recorded, which shall not have the same spelling as or be pronounced similar to the name of any other subdivision located within the City or within one-half (½) mile of the current City Limits.

3.     Name of contiguous subdivision, location of contiguous lots and the name and addresses of owners of all contiguous parcels of subdivided or unsubdivided land and an indication of whether or not contiguous properties are platted and filed of record.

4.     The location of existing blocks, lots, building lines, water courses, ravines, bridges, culverts, present structures and any pertinent natural features in the area affected, with principal dimensions and all significant information in regard to property, immediately adjacent on all sides.

5.     The tract designation and other description according to the real estate records of the City or County Assessor and Recorder; also designation of the proposed uses of land within the subdivision.

6.     Primary control points or descriptions, and ties to such control points to which all dimensions, angles, bearings, block numbers and similar data shall be referred.

7.     A vicinity map showing location of tract by reference to existing streets or highways.

8.     Subdivision boundary lines accurate in scale and indicated by heavy lines, of the total area proposed for subdivision and the computed acreage of the total area. Bearing and length of each boundary line shall be shown and description by metes and bounds of the subdivision perimeter shall be supplied separately on 8½ x 11 or 8½ x 14 inch paper.

9.     The location, dimensions, and name (if applicable) of all existing or recorded streets, alleys, reservations, easements or other public rights-of-way within the proposed subdivision, intersecting or contiguous with its boundaries or forming such boundaries. All existing or recorded residential lots, parks, public areas, permanent structures within or contiguous with the proposed subdivision shall be shown.

10.     Other conditions adjacent to the tract affecting design of the subdivision including such information as may be available from field observation, aerial photographs and available maps.

11.     The location, dimensions and name, if applicable, of all proposed streets, alleys, drainage structure, parks, public areas, reservations, easements or other rights-of-way, blocks, lots, commercial area and other sites within the proposed subdivision. When curved streets are proposed, the radius of the curve shall be shown. For lots facing on curved streets, the chord width of the lot at the front building setback line shall be shown. A number or letter shall be used to identify each lot or site and block.

12.     The location of lots and blocks proposed for inclusion in the first section of development.

13.     Front building setback lines on all lots and sites. Side yard building setback lines at street intersections and crosswalk ways.

14.     Location of City Limits line, the outer border of the City's extraterritorial jurisdiction, and zoning district boundaries; if they traverse the subdivision, form part of the boundary of the subdivision or are contiguous to such boundary.

15.     The date of preparation, the scale of the drawing, and a north arrow.

16.     All proposed planning shall conform to the current City Zoning Ordinance.

17.     Each proposed street within the subdivision area shall be named and shall conform with names of any existing streets of which they may be or become extensions. The names shall not duplicate, or be similar to, the recognized name of any other street located elsewhere in the area to these rules and regulations.

18.     Designation of all tracts, intended to be for multi-family dwellings, shopping centers, churches, industry or other uses.

19.     Data specifying the gross area of the subdivision, the proposed number of residential lots and area therefore, and the approximate area in parks and in other non-residential uses.

20.     All parcels of land intended to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purpose of conditions or limitations of such reservations, if any.

21.     The following notice shall be placed on the face of each preliminary plat by the subdivider.

     “Preliminary Plat for Review Purpose Only”

22.     The following certificate shall be placed on the Preliminary Plat by the subdivider.

“THE PLANNING AND ZONING COMMISSION OF THE CITY OF KRUGERVILLE, ON (Date          ,     ) VOTED AFFIRMATIVELY TO RECOMMEND CONDITIONAL APPROVAL OF THIS PRELIMINARY PLAT, SUBJECT TO CONDITIONS ENUMERATED IN MINUTES OF THIS DATE.

BY:__________________________________

CHAIRMAN OF PLANNING AND ZONING

ATTEST:_____________________________

SECRETARY”

          Sheet No. 2- Topography, Street, and Drainage Plan

     This sheet may be prepared on a reproducible copy of Sheet No. 1 so that the same information will be repeated together with the following:

1.     Topographical information including contour lines on a basis of five (5') foot intervals in terrain with a slope of five (5) percent or more and on a basis of two (2') foot intervals in terrain with a slope of less than five (5) percent. All elevations shall be referenced to U.S.G.S. survey datum. The datum used shall be specified on the drawings.

2.     Any proposed changes in topography shown by contour lines on a basis of five feet vertical interval in terrain with a slope of five percent or more, and on a basis of two feet vertical interval in terrain with a grade of less than five percent.

3.     Areas contributing drainage to the proposed subdivision shall be shown on small scale supplemental drawings. The information to be submitted shall include the area, slope of drainage flowlines and runoff factors in the contributing areas.

4.     The location or locations of the discharge of drainage from the proposed subdivision including contributing areas shall be shown together with the quantity of drainage. All drainage must be planned in the best interests of the immediate and adjacent properties.

5.     Drainage arrows shall be shown for all streets and drainage easements. When the maximum permissible capacity of streets to carry storm water is exceeded, the location of storm sewers, curb inlets or open channels shall be shown.

6.     Supplemental information showing the preliminary design calculations for drainage shall be furnished and attached to the Topography and Drainage Plan. Calculations shall conform to Article 51 of this policy. Areas subject to flooding shall be shown, delineating the 100-year flood limits if applicable.

7.     The exact location, dimension, description, and flow line of existing drainage structures and the location, flow line and flood plain of existing water courses within the subdivision or contiguous tracts.

8.     The width of paving measured from back-to-back of curbs shall be shown for all streets. The width of drainage and other easements shall be shown.

9.     The responsible entity for the operation and maintenance of any building, park, equipment, pools, plantings, common areas or other legal interests if it is proposed that they are to be shared by owners of the real property within the subdivision.

          Sheet No. 3 - Water and Sewerage Plan

1.     May be prepared from Sheet No. 1, but should also include topographical contours at the intervals specified for Sheet No. 2.

2.     Existing sewers, water mains, gas mains, electric and telephone lines, culverts, or other underground structures or utilities within the tract and immediately adjacent thereto with pipe sizes, grades, and locations indicated.

     In the event water mains and sewers are not on or adjacent to the tract, indicate the direction and distance to, and size of the nearest ones, showing invert elevation of sewers.

3.     The size and location of all proposed water distribution mains including valves and fire hydrants.

4.     The size and location of all proposed sewer mains including manholes. Preliminary grades for each main between manholes and the depth at each manhole shall be shown.

5.     The size of water and sewer mains shall conform to Article 52 and 53 of this policy.

25-103      Protective Covenants

     A copy of all existing protective covenants regulating the use of land or the construction of improvements shall be submitted with the preliminary plan. A preliminary draft or outline of protective covenants may be attached, as proposed by the subdivider, to regulate land use in the subdivision and otherwise protect the proposed development.

   Article 26.      Processing of Preliminary Planning Information

26-100      The City Secretary shall collect the prescribed fee for the City prior to checking the preliminary data as to its conformity with the City master plan, major street plan, zoning district regulations and the completeness of the information.

26-101      Two (2) copies of the preliminary data shall be submitted to the Engineer for the City, at least 30 days prior to the date on which formal application to the Planning and Zoning Commission is anticipated, and shall be checked for conformity with the standards and specifications contained or referred to herein.

26-102      The Engineer for the City shall return the preliminary data to the City Secretary with any suggestions as to modifications, additions or alterations of the proposed preliminary plan for streets, drainage, water, and sewer, the City Secretary shall make these suggestions available to the Commission.

26-103      Within sixty (60) days after the date of the Commission meeting at which formal application is made, the Planning and Zoning Commission shall make its recommendation for approval or disapproval of the Preliminary plans.

26-104      Approval of a Preliminary plan by the Planning and Zoning Commission shall be deemed an expression of approval of the layout submitted on the preliminary drawings as a guide to the installation of streets, water, sewer and other required improvements and utilities and to the preparation of the final plat. Approval of a preliminary drawing shall not constitute approval of the final plat.

26-105      The approval of the preliminary plat by the City Council shall be effective for a period of one year after the approval date, unless reviewed by the Planning and Zoning Commission in the light of new or significant information, which would necessitate the revision of the preliminary plat. If a final plat for the subdivision, or a portion thereof, has not been submitted, or if a change in requirements has not occurred which would affect the preliminary plat, at the end of one year after approval, then the preliminary plat shall become null and void, unless the subdivider has requested and received an extension of time from the Planning and Zoning Commission.

26-106      No construction shall be commenced on the subdivision prior to approval of the final plat.

26-107      Short Form Plat

     The Planning and Zoning Commission may waive any of the above requirements with respect to a small subdivision of no more than five lots.

   PART V - FINAL PLAT AND CONSTRUCTION PLANS

   Article 27.      General

27-100      No subdivision of land shall be permitted without proper submittal, approval and adoption of a final plat prepared by a Surveyor and approval of construction plans and specifications for improvements prepared by an Engineer in accordance with this Ordinance.

27-101      All final plats must first be preceded by properly prepared and approved preliminary plans.

   Article 28.      Application and Copies Required

28-100      Ten (10) blueline prints of the final plat, and three (3) sets of construction plans and specifications, and other required data, shall be submitted to the City Secretary at least 30 consecutive calendar days prior to the meeting of the Planning and Zoning Commission at which such plat is to be considered. No plat will be considered by the City until the prescribed filing fees have been paid.

28-101      If requested by the subdivider and approved by the Commission, a final plat may be only a portion (or phase) of the approved preliminary plan. Such a portion or phase shall conform to all the requirements of this Ordinance.

     If final plats are submitted for approval by phase or section of the overall subdivision, each phase or section shall carry the name of the entire subdivision, but shall bear a distinguishing phase, number or subtitle. Block letters shall run consecutively throughout the entire subdivision, even though such subdivision might be finally approved in sections.

   Article 29.      Filing Fee, Tax Certificates, Impact Fees and Pro-Rata

29-100      When the final plat is filed with the City Secretary for consideration and approval, it shall be accompanied by a filing fee of $500.00 dollars plus $25.00 per residential lot or $300.00 per commercial lot. The payment of the final plat fee shall constitute formal request for final plat approval.

29-101      The final plat shall be accompanied by certificates from the City, School District and County Tax Collectors showing that all City, School District and County taxes on the land being subdivided have been paid to the current year. All impact fees, assessments and applicable pro-rata charges will be paid to the City Secretary prior to authorization to commence construction.

   Article 30.      Engineering and Inspection Fees

30-100      A fee of five (5%) percent of the estimated construction costs for all public improvements (streets, drainage, water and sewerage) shall be assessed for review of engineering plans and inspection fees. These estimated construction costs shall be agreed to by the City and Developer. This five (5%) percent fee shall be composed of a two (2%) percent engineering plan review fee and a three (3%) percent inspection fee. The engineering plan review fee shall be paid upon submittal of the engineering plans and specifications. The inspection fee shall be paid prior to authorization to proceed with construction.

     The initial testing of materials or construction items (as required) is the responsibility and obligation of the developer's contractor. When additional tests of material or construction items are ordered by the City beyond those designated in the technical specifications to be furnished by the contractor, the first of such additional tests will be paid for by the City. Should that test indicate that the material or construction does not satisfy the minimum requirements of the City, then the costs of all additional tests on the same or replaced or corrected material or construction shall be paid for by the subdivider. All tests shall be performed by an independent Engineer or laboratory approved by the City.

30-101      No Subdivision will be approved for construction to begin until all fees have been paid to the City. No building permits will be issued by the City until all cost for additional tests have been paid to the City.

   Article 31.      Form and Content of Final Plat

31-100      The final plat shall conform with the preliminary plan as conditionally approved by the Commission incorporating any and all changes, modifications, alterations, corrections and conditions imposed by the Commission, and Council.

31-101      The final plat shall be drawn in India or other permanent ink on quality reproducible sheets not larger than 36 inches and 22 or 24 inches high and a margin not less than one and one-half (1½") inches on the left side of the sheet, and one-half (½) inch on other sides. The plat shall be drawn at a scale of not more than 100 feet to one inch. Where more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at appropriate scale shall be attached to the plat.

31-102      In addition to the various requirements for the Preliminary plat, the final plat shall also include the following:

1.     The exact location, dimensions, name and description of all existing or recorded streets, alleys, reservations, easements, or other public rights-of-way within the subdivision, intersecting or contiguous with its boundary or forming such boundary, with accurate dimensions, bearings or deflection angles and radii and central angle, degree of curvature, tangent distance and length of all curves where appropriate.

2.     The exact location, dimensions, description and name of all proposed streets, alleys, drainage, rights-of-way, parks, other public areas, reservations, easement or other rights-of-way, blocks, lots and other sites within the subdivision with accurate dimensions, bearing or deflecting angles and radii and central angles, degree of curvature, tangent distance and length of all curves where appropriate.

3.     Owner's acknowledgment and dedications. (See sample attached.)

4.     Surveyor's Certificate. (See sample attached.)

5.     Certificate of Approval for execution by the Planning and Zoning Commission. (See sample attached.)

6.     Certificate for the City Council's endorsement. (See sample below.)

7.     Deed restriction for the subdivision may be shown on the plat or on 8½ x 11 inch paper attached as a supplement to the plat.

8.     Names and addresses of all property owners within 200'.

(Ordinance 2000-21 adopted 1/3/01)

9.     Landowners are responsible for upkeep and maintenance of Drainage and/or Utility Easements within their Lot(s), and the roadway ditches within the City right-of-way[.] (Ordinance 2017-0517-B adopted 5/17/17)

          SAMPLE OWNER'S ACKNOWLEDGMENT AND DEDICATION

          STATE OF TEXAS          §

          §  OWNER'S ACKNOWLEDGMENT AND DEDICATION

          COUNTY OF DENTON     §

I (we), the undersigned, owner(s) of the land shown on this plat within the area described by metes and bounds as follows:

(Metes and Bounds Description of Boundary)

and designated herein as the subdivision to the City of Krugerville, Texas, and whose name is subscribed hereto, hereby dedicate to the use of the public forever all streets, alleys, parks, water courses, drains, easements, rights-of-way and public places thereon shown for the purpose and consideration therein expressed.

                              ____________________________     

                              OWNER

                              _______________________          

                              DATE

          

          STATE OF TEXAS          §

                              §

          COUNTY OF DENTON     §

     

BEFORE ME, the undersigned authority, on this day personally appeared      _____     known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and considerations therein stated.

Given under my hand and seal of office this     day of      19____.

                                   _______________          

                                   NOTARY PUBLIC

                                   _______________          

                                   COUNTY

                                   _____________________     

                                   COMMISSION EXPIRES

          STATE OF TEXAS          §

                              § CERTIFICATE OF SURVEYOR

          COUNTY OF DENTON     §

I, the undersigned, a registered public land surveyor in the State of Texas, hereby certify that this plat is true and correct and was prepared from an actual survey of the property made under my supervision on the ground.

(Surveyor's Seal)_______________________     

     REGISTERED PUBLIC LAND SURVEYOR

     _____________________________          

     DATE

This plat has been submitted to and considered by the PLANNING AND ZONING COMMISSION of the City of Krugerville, Texas, and is hereby approved by such Commission.

Dated this     day of ______________, 19____.

                              _____________________

                              CHAIRMAN

ATTEST:

_____________________

SECRETARY

(Ordinance 2000-21 adopted 1/3/01)

STATEMENT OF ADOPTION BY COUNCIL

THE CITY COUNCIL of the City of Krugerville, TEXAS, ON ____________________,

20_____, voted affirmatively to adopt this plat and approve it for filing of record.

____________________               ____________________

MAYOR                         DATE

____________________               ____________________

CITY SECRETARY                    DATE

(Ordinance 2017-0517-B adopted 5/17/17)

   Article 32.      Form and Content of Construction Plans and Calculations

32-100      All improvements shall be designed in accordance with the specific “Design Provisions” detailed in this Ordinance.

32-101      Six (6) copies of complete plans, specifications, engineering calculations, and detailed cost estimates, for streets, drainage, sanitary sewers, water distribution, and any other improvements to be performed, are required for submission with the final filing plat. Before the final filing plat can be approved by the City Council, and filed of record by the City, the information must be submitted to the City Secretary and approved by the Planning Commission and City Council.

32-102      One set of approved plans shall be submitted on standard 22 or 24 inch by 36 inch mylar reproducible sheets, shall be the same size as the final plat, and shall include the major information required herein.

32-103      Paving Plans

     A plan and profile of each street with top of curb or edge of pavement grades, existing and proposed ground line shown. Each sheet shall include north point, scale, date, and bench mark description to sea level datum. Scales shall be 1 inch equal 40 or 50 feet horizontally and 1 inch equal 4 or 5 feet vertically. The typical cross-section of proposed streets showing the width of roadways and type of pavement and location and width of sidewalk shall be shown. Each plan shall show the seal and signature of the registered professional civil engineer who prepared the plans.

32-104      Sanitary Sewer and Water Plans

A plan and profile of proposed sanitary sewers, with grades and pipe sizes indicated and showing locations of manholes, cleanouts, etc., and a plan of the proposed water distribution system showing pipe sizes and location of valves, fire hydrants, and fittings, etc., in conformance with the criteria as shown in the part of the Ordinance listed as “Design Provisions.” Each plan shall show the seal and signature of the registered professional civil engineer who prepared the plans. Each sheet shall include north point, scale, date, and bench mark description to sea level datum.

32-105      Storm Drainage Plans

1.     A plan and profile of proposed storm sewers or channels, showing hydraulic data, pipe grades and sizes, manholes, inlets, pipe connections, outlet structures, etc., in conformance with the criteria as shown in the part of the Ordinance listed as “Design Provisions.” Each plan shall show the seal and signature of the registered professional civil engineer who prepared the plans. Each sheet shall include north point, scale, date, and bench mark description to sea level datum.

2.     A general location map of the subdivision showing the entire watershed (a U.S.G.S. quadrangle is satisfactory).

3.     Calculations based on on-the-ground topographic survey showing the anticipated storm water flow, including watershed area, percent runoff, and time of concentrations shall be submitted showing basis for design.

4.     Detailed plans shall be submitted for any bridges, culverts, catch basins, any other drainage structures, or any other improvements to be made.

32-106      Other Utilities

     The Subdivider must furnish a written statement to the City designating that the subdivision will be served with gas or will be totally electric service. If a gas distribution system is to be installed, then all distribution mains and service lines shall be installed before street construction is complete.

32-107          Design Summary

     A separate document or report entitled Engineering Design Summary shall be submitted with final plans and specifications and shall summarize calculations and such other engineering information pertaining to the major items of design significance as may be necessary in the city's review of the plans and specifications to determine whether the facilities proposed for construction have been designed in accordance with the intent of the “Design Provisions” of this Ordinance.

   Article 33.      Form and Content of Contract Specifications

33-100      Standard Specifications for Public Works Construction

     The Contract Specifications shall be the “Standard Specifications for Public Works Construction” of the North Central Texas Council of Governments, Latest Edition, as modified in the Special Provisions. Notice to Bidders: Bonds, and the Contract itself shall be on forms provided by the city.

   Article 34.      Processing of Final Plat and Construction Plans

34-100      Upon receipt of the final plat with construction plans and the required filing fees, the City Secretary or designated subordinate shall check the plat as to its conformity with the City's Comprehensive Plan, Land Use Plan, zoning districts. No size requirements, subdivision and street names and other applicable city standards.

34-101      The City Secretary shall transmit two (2) copies of the final plat and construction plans to the City Engineer who will check same for conformity with applicable engineering standards and specifications as set forth herein, as well as with generally accepted engineering principles when not covered specifically herein. The City Engineer shall return one set of plans to the City Secretary with his suggestions as to modifications, additions, alterations, or other matters pertinent to the plat.

34-102      At the regularly scheduled Planning and Zoning Commission meeting, the Planning and Zoning Commission shall act on the plat. The Planning Commission shall make a recommendation for approval or disapproval of the final plat and plans within sixty (60) days after receipt of the City Engineer's review.

     Do not file final plat until approval of construction plans and specifications.

34-103      The recommendations of the Planning Commission shall be considered for final action at the next regularly scheduled meeting of the City Council. The City shall either approve or disapprove any such final plat and plans within sixty (60) days of approval or disapproval by the Commission.

34-104      If the final plat is disapproved, the Council shall, upon request of the subdivider, state in writing its reasons for disapproval of the final plat. Disapproval action taken by the City Council shall be final, regardless of the previous approval action by the Planning and Zoning Commission. Approval action taken by the City Council shall be final, regardless of the previous disapproval action taken by the Planning and Zoning Commission.

34-105      If the final plat is approved, the City Secretary shall have the approval certificate on the plat executed by the Mayor and attested by the City Secretary, contingent to the developer paying all inspection fees, impact fees, assessment charges and pro-rata charges.

34-106      After the final plat and plans have been approved by the City Council, but before construction of water, sewer, street or drainage improvements are started, the Subdivider shall furnish the City with six (6) sets of the completed detailed plans and specifications and one (1) set of mylar reproducibles.

34-107      Lot markers shall be iron pins not less than five-eights inch in diameter and no less than twenty-four (24") inches long and shall be set flush with the ground at each lot corner.

     Block corners shall be set prior to construction of public facilities and all lot corners shall be set prior to the issuance of any building permits.

34-108      The final plat shall be recorded by the City Secretary in the office of the County Clerk within ten (10) days from and after the date of final engineering plan approval and final acceptance by the City Council.

34-109      Upon filing the plat in the County Records, the City Secretary shall have two (2) photostatic copies made by the County Recording Clerk on standard 18 inch by 25 inch sheets showing the Volume and Page where filed. One (1) copy will be placed in the permanent plat record book at the City Hall and the other will be furnished to the City Engineer.

   PART VI - REQUIREMENTS FOR CONSTRUCTION

   Article 35.      Inspection

35-100      All construction, such as street grading, street paving, drainage structures, curb and gutter, storm sewers, sanitary sewers, and water mains shall be subject to inspection during the construction period by the proper authorities of the City, and shall be constructed in accordance with the approved engineering plans and the Standard Specifications governing such work.

35-101      Upon completion of construction the City Secretary may request the Engineer for the City to make a final inspection of the work and to file a report of the results of such inspection.

35-102      Before work may begin, the Subdivider shall furnish the City with an inspection fee equal to 3% of the total amount estimated for the project, as agreed to by City and Developer, including all bonds.

   Article 36.      Construction Contract Requirements

36-100      Payment Bond and Performance Bond: The Contractor will be required to make a payment bond and a performance bond of not less than one hundred percent (100%) of the contract price, conditioned upon the faithful performance of the contract and upon payment of all persons supplying the labor or furnishing the materials used on this project. Bond made out jointly to the City of Krugerville and the Owner/Developer.

36-101      Maintenance Bond: The contractor will be required to make a maintenance bond of not less than one hundred percent (100%) of the contract price conditioned upon the maintenance of and the repairs to the construction under this contact for a period of two (2) years from the date of acceptance of the project.

36-102      Financial Statement: A current certified financial statement may be required by the City and/or Owner if required for use in determining the successful bidder. This statement, if required, is to be prepared by an independent certified public accountant or independent public accountant holding a valid permit issued by an appropriate State Licensing Agency.

36-103      State Sales Tax: This contract is for the improvement of streets, storm sewers, and utilities in right-of-way which has been dedicated to the Public and the City of Krugerville, an organization which qualifies for exemption pursuant to the provisions of Article 20.04(F) of the Texas Limited Sales, Excise and Use Tax Act.

     The Contractor performing this contract can probably purchase, rent or lease all material, supplies, and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate complying with State Comptroller's ruling #95-0.07. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling #95-0.09 as amended to be effective October 6, 1976.

36-104      Insurance: Prior to commencing the work, the Contractor shall furnish to the City of Krugerville and/or Owner proof of satisfactory coverage of insurance in accordance with the standard requirements of Contractors doing work of the nature herein proposed.

36-105      Indemnification: The Contractor agrees to fully indemnify and save whole and harmless, the City and/or Owners of the units and lots abutting the units in this contract, from all costs or damages arising out of any real or asserted claim or cause of action against it of whatsoever kind of character and in addition from any and all costs or damages arising out of any wrongs, injuries, demands or suits for damages, either real or asserted, claimed against it that may be occasioned by any act, omission, neglect or misconduct of the said Contractor, his agents, servants, and employees. The Contractor further agrees to comply with all applicable laws, regulations, ordinances, buildings, and construction codes of the City of Krugerville and the State of Texas, and with any regulations for the protection of workers which may be promulgated by the government, and shall protect such work with all necessary lights, barriers, safeguards, and warnings as are provided for in said specifications and in the ordinances and regulations of said City.

36-106      City Funds: Projects funded in part by the City will require a formal Advertisement of Bids in accordance with the laws of the State of Texas. Bid Advertisement in two (2) local newspapers with publication and circulation weekly shall be required three (3) weeks prior to bid opening. Documentation of Published Advertisement by a certified publisher's statement, listing the dates published with an attached copy of the published Advertisement will be required prior to bid opening. Documentation of Bid Advertisement shall be delivered to the City Secretary five (5) days prior to bid opening. Notice of Bid Advertisement shall also be posted within City Hall three (3) days prior to bid opening. Has to exceed minimum required by State Law.

     All bids will be opened at City Hall at the designed time of 10:00 a.m.. Monday through Friday, in the presence of the City Secretary.

36-107      Contract Forms: Bid Form and Contractual Provisions may be obtained by contacting the City Secretary for the City of Krugerville at City Hall.

   Article 37.      Bonds

37-100      Maintenance Bond:

     All contractors employed by the subdivider shall furnish the City a good and sufficient maintenance bond, in an amount equal to one hundred (100%) percent of the costs of the improvements required, executed by a reputable and solvent corporate surety, holding a license to do business in the State of Texas, in favor of the City to indemnify the City against any repairs which may become necessary to any part of the construction work performed in connection with the subdivision, arising from defective workmanship or materials used therein, for a full period of two (2) years from the date of final acceptance of the entire project. Final acceptance will be withheld until said maintenance bond is furnished to the City. Such bond to be approved as to form and legality by the City Attorney.

37-101      Performance Bonds:

     Performance bonds, certificates of deposit, less of credit or cash deposits are required for streets, storm drains, sewer systems and water systems and must be submitted prior to execution of the issuance of building, water, paving, drainage or sewer permits. The bonds should be standard performance bonds as provided by a licensed surety company on forms provided by that surety company, a cash deposit may be made in the Treasury of the City of Krugerville; or a certificate of deposit or letter of credit may be from any financial institution in Denton County which is insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. The City of Krugerville cannot pay interest on any deposit made hereunder in the Treasury of the City of Krugerville. When the option is exercised to provide a certificate of deposit in a financial institution, the following terms and conditions shall apply:

A.     The developer shall execute four copies of a letter assigning the deposit to the City of Krugerville and providing for the City to withdraw the deposit if necessary to complete construction. Such letter of assignment must be accepted in writing by the financial institution.

B.     Upon satisfactory completion of the facilities for which the deposit is made as security, the City of Krugerville shall reassign the deposit to the developer, including accrued interest or dividends thereon, upon express order of the City Secretary.

     When the option is exercised to provide a letter of credit from a financial institution, the form of the letter shall be approved by the City Attorney. Also, the international letter of credit form used by banks is normally acceptable.

     Bonds, Letters of Credit or Deposits will be furnished for one hundred percent of the estimated developer's share of the cost of the storm drains, streets, water facilities, lined channels and sanitary sewer.

   Article 38.      Acceptance by City

38-100      Acceptance by the City shall be in the form of a letter from the City Secretary or other authorized City Official to the Subdivider stating that inspections were conducted as the facilities were completed in accordance with specifications and standards as provided for herein or approved by the City Council at the time the final plat was approved for said subdivision. The developer shall instruct his engineer to prepare one set of reproducible prints (mylars) marked “As-Built” and dated the final date of acceptance. The construction plans shall note as-built conditions and shall be accompanied by a letter under the seal of the developer's registered professional engineer that the drawings are an accurate record of constructed items built in place.

   Article 39.      Issuance of Building Permits

39-100      No building permit, water, sewer, plumbing or electrical permit or service shall be issued or allowed to a subdivider, owner, or any other person with respect to any property in any subdivision covered by this Ordinance until such time as all of the applicable requirements of the Ordinance have been satisfactorily completed and the construction accepted by the City.

   Article 40.      Public Works Installation Guide to Construction Detail

WATER SYSTEM

Material

Pipe

6" to 12"- AWWA approved DR-18, C-900

14" to 20"-AWWA approved DR-18, C-905

Gate Valves

M&H, AVVK, and Meuller are approved for use

Gate valves must have a resilient seat with a fully encapsulated wedge

Fire Hydrants

Meuller, AVK, M&H are approved for use

Flush-outs

2" resilient seat valve with a fully encapsulated wedge

2" class 200 polyethylene ASTM D-2737 Tubing

Compression for male iron pipe thread

Ford # C84-776

Services

All services to be one inch (1") in diameter

Do not use glue

Nylon coated stainless steel service saddle

Romac #101 N-0962xl" CC for 8"

Romac #101 N-750xl" CC for 6"

JCM 405

One inch (1") corporation stops compression

Ford #F-11006

One inch (1") class 200 polyethylene ASTM D-2737 Tubing

1" U-Branch for double service Ford #U4843G

Three quarter inch (3/4") locking curb stop

Ford #KV43-342W for single service

Ford #KV13-332W for double service

Inserts for tubing required (stiffeners)

Air Release Valves

See details

Meter Boxes

Single water meter

10-½" x 17-1/4" concrete box with a 6" cat iron meter reading lid or plastic

Double water meter

15-½" x 17-½" concrete box with a 9-½" cast iron meter reading lid or plastic

Joint Thrust Retainers

Mega-Lug or equivalent as required

Support for values and hydrants-concrete

INSTALLATION

Pipe. The installation of water pipe shall be on six inches (6") of sand. Pipe and service lines shall be covered with twelve inches (12") of sand and backfilled with approved native material compacted to ninety-five percent (95%) proctor density. No jetting or flooding is allowed. The minimum cover for water pipe is thirty-six inches (36").

Gate Valves. Gate valves fourteen inches (14") and smaller shall be supported on 1' x 1' x 6" concrete pad and wrapped in polywrap. Stem extensions shall be provided when the depth to the top of the operating nut equals or exceeds three feet (3'). An adjustable cast iron value box and cover shall be provided for all buried valves. The valve box cover shall be a Bass & Hayes #340-1 or approved equal. A 2' x 2' x 6", 3,000 psi, 5 sack concrete pad shall be installed around the valve cover. Secrete is not allowed.

Fire Hydrants. The fire hydrant shall set truly vertical and be securely braced and thrust blocked with concrete or Meg-lug System. The hydrant shall be set on block of concrete at least 1' x 1' x 6", placed on compacted or undisturbed soil and surrounded by a minimum of seven (7) cubic feet of clean gravel or stone to permit free draining of the hydrant. Fire hydrant leads greater than two (2') require joint thrust retainers. All fire hydrants shall have Hydra-Storz connections on the pumper nozzle and be painted with Flynt Aluminum Paint (1-800-47 FLYNT for dealer information) or approved equal. Use only a fire hydrant wrench to turn the top nut. For water used during construction, use only City of Krugerville fire hydrant meters available at public works department.

Services. All water services shall be one inch (1"). Use a nylon coated ductile iron tapping saddle with a single band stainless steel strap and a one inch (1") flared corporation stop. Service pipe shall be 1" tubing and shall be a minimum of twenty-four inches (24") below subgrade under the pavement. Backfill with sand and compact in six inch (6") lifts to ninety-five percent (95%) proctor density. No jetting or flooding is allowed. For single services, the curb stop shall be one inch (1") x three-quarter inch (¾") with a three-quarter inch (¾") outlet on the meter side. For double services, use a one inch (1") ninety (90) degree angled curb stop with a flared U-branch and two (2) three quarter inch (¾") curb stops. No splices will be permitted in new construction. No compression fittings allowed. Do not use pipe dope or glue.

Meter Boxes. Meter boxes shall be installed two to three feet (2' to 3') behind the curb and flush to the finished grade. Curb stops shall fit within the provided cutouts or eight inches (8") below the top of the meter box.

Testing. Compaction tests must be passed prior to loading the water pipe. The water pipe will be tested to 150 psi for four (4) hours with zero (0) loss or 200 psi for two (2) hours with zero (0) loss at the discretion of the construction inspector. Poly-rig prior to loading (see N.C.T.C.O.G. Standard Specifications for Public Works Construction Item 6.7.3) at option of the director of public works.

     The contractor shall be responsible for having all services, flush-outs, valves, etc. on the project ready for flushing procedures. Flush point valves will need to be open and flow control devices (hoses, diffusers, etc.) in place prior to contacting the city for loading or flushing the system. Water samples will be taken by Mustang Water Supply Corporation or current water provider personnel only. Repeat samples will be taken as needed. No samples will be taken on Friday or on weekends. All sample points must extend a minimum of two feet (2') above grade and must be secured in place. The area should be graded as needed to drain water away from the sample area. Once the bacteria samples have been taken, the contractor is not permitted to operate any valves on the project. The contractor at no time shall operate any valves between the City water system and the new construction.

SANITARY SEWER SYSTEM

MATERIAL

Pipe

SDR-35 PVC or approval of the City of Krugerville.

No pipe shall be less than 8" unless approved on the construction plans.

Manholes

Drop manholes are not allowed unless approved on the construction plans.

No step Bass & Hayes # 300-24, 3001b ring and cover with a 1/2"- 5/8" diameter pick bar or approved equal. Pick holes are not allowed.

Manhole Inserts

Manhole inserts are to be manufactured with high-density polyethylene meeting ASTM D 1248, Class A Category 5. Sufficient depth shall be allowed for the manhole cover to fit inside the manhole ring. An envelope style gasket, ribbed on one side to insure a positive seal and designed not to separate from the insert suring installation and removal shall be furnished. Inserts should provide a gas release hole (1/8U) having a water leakage rate not to exceed ½ gph. Two (2) one inch (1") wide nylon handles fastened to the inside of the insert body with two high grade stainless steel rivets with washers shall be provided. The handle shall not interfere with the manhole lid or ring and be able to withstand a pull force of 500 lbs.

Services

4" SDR-35 PVC (typical)

WYE connections on the main line

TEE connection are not allowed

Clean-outs

6" PVC

Special 27 degree ‘WYE'

Internal mechanical gripper plug

Cast Iron Boot

Installation

INSTALLATION

Pipe. The installation of sanitary sewer pipe shall be on six inches (6") of one quarter inch to one half inch (¼" to ½") gravel or chat to the spring line. The pipe shall be covered with a minimum of twelve inches of (12") of screened sand. The pipe and services shall be backfilled with approved native trench material (no rocks over 3" in diameter). Compaction shall be to ninety-five percent (95%) proctor density. No jetting or flooding will be allowed. The minimum cover shall be thirty-six inches (36").

     For water line crossings, center one C-900 length (20') pipe at the crossing using PVC transition adapter with stainless steel straps wrapped in polyethylene and encased in sacrete.

Manholes. The floor of the manhole must have inverted drain line and the floor must be sloped to drain properly yet safe for a person to stand on. All debris must be removed. The inside walls shall be grouted smooth using a nonshrinking grout. The top of the manhole shall be flush with the curb elevation and grouted smooth to the top of the rim. The manhole throat may not exceed eighteen inches (18"). The ring shall be doweled into the manhole cone.

Services. Service larger than four inches (4") require a manhole at the connection to the main line. Four inch (4") services shall be extended a minimum of two (2) or more feet beyond the property line where applicable. Use a Y connection at the main line. No TEE connections allowed. All connections to be made at the two o'clock or the ten o'clock position. Deep sewers are defined as services greater than seven feet (7') deep and must have a minimum of six inches (6") of concrete (5 sacks of cement, 3,000 psi, 5" slump) surrounding the connection to the main line. Plug the service end with plastic stopper. Tie one end of a plastic ribbon to the stopper and one end to a 2" x 4" reference stake. Expose the reference stake a minimum of two feet (2') above grade. Paint the reference stake red.

Clean-outs. Use a twenty-seven (27) degree ‘WYE' connection for the clean-out stack. The ‘WYE' connection is to be encased in concrete. The clean-out stack shall have an approved granular material embedment. A 2' x 2' x 6" concrete pad with #3 reinforcement bars six inches (6") on each side shall be provided at the plug end. The concrete pad shall be poured two inches (2") below natural grade on streets with bar-ditches. For streets with curb and gutter, the concrete pad shall be poured flush with the clean-out cover and the curb. Use a five (5) sack or 3,000 psi concrete mix.

Testing. Compaction tests must be passed prior to the pressure test. The sanitary sewer pipe shall be pressure tested and deflection tested according to the N.C.T.C.O.G. Standards and Specifications for Public Works Construction for sewer lines Section 6.7.2. The sections to be tested must be flushed and cleaned prior to conducting the test.

     A survey may be required at the city's discretion to verify manhole flow line grades.

     The contractor is also responsible for the TV inspection of the sanitary sewer line under the supervision of the construction inspector. It is recommended that the TV inspection be conducted and reviewed prior to the installation of the pavement. The contractor shall supply the City with VHS videotape of the TV inspection that will become the property of the city. Re-televising failures is at the contractor's expense. Camera must be a pan and tilt type camera so that services can be inspected. Also water must be ran into the sewer line prior to televising to ensure positive flow.

     The contractor is responsible for payment of all testing and re-testing.

DRAINAGE SYSTEM

Material

Pipe

Reinforced concrete pipe Class III ASTM C-76

18" minimum diameter

Inlets

In-line inlets to be used on residential streets only

Recessed-depressed inlets to be used on all other streets

Manhole lids shall be bolted and chained to the inlet box using two feet (2') of 3/8" stock chain and 3/8" carriage bolts

Manhole lids shall be TVI&S #679 with 1/2" to 5/8" diameter pick bar orapproved equal 4,200 psi concrete mix

Junction Boxes

4' x 4' minimum dimension

2' x 2' minimum apron dimension300 lb. ring and cover when the junction box is within the pavement

Manhole lids shall be bolted and chained to the inner box using two feet (2') of 3/8" stock chain and 3/8" carriage bolts

4,2000 psi concrete mix

Rip-rap

Stone shall be suitably durable to insure permanence in the structure

Sieve Size (square mesh)     Percent Passing (by weight)18 inch                    100

12 inch                    75

8 inch                    55-65

6 inch                    40-50

4 inch                    20-30

1 inch                    0-5

INSTALLATION

Pipe. The installation of storm drainage pipe shall be on six inches (6") of one quarter inch (¼") to one inch (1") diameter gravel and the gravel shall extend to the spring line. The pipe shall be backfilled with approved native material and compacted to ninety-five (95%) proctor density. No jetting or flooding is allowed.

Rip-rap. The fountain shall be trimmed and dressed to conform to the appropriate cross section. Where required, crushed stone (flexible base) shall be compacted to ninety percent (90%) proctor density in a six inch (6") uniform thickness. The stone rip-rap shall be placed on the prepared base in such a manner as to produce the minimum practicable percentage of voids. Rip-rap shall be placed to its full course thickness in one operation and in such a manner as to avoid displacing the base material. The finished rip-rap shall be free from objectionable pockets of small stones and clusters of large stones.

Concrete Collars. Use eight inch (8") thick five (5) sack of 3,000 psi concrete completely surrounding pipe with #3 rebar.

Testing. The City may perform a TV inspection of the storm drainage system prior to final acceptance or during maintenance bond period.

MISCELLANEOUS

Other Utilities

     All underground electrical conduit, all gas lines, telephone lines or cable television lines (mains and service lines) that are installed in the right-of-way, easements, alleys or under sidewalks shall be installed on six inches (6") of sand covered with six inches (6") of sand. All ditch lines shall be backfilled with approval native material (no rocks over 3" in diameter) and compacted to ninety five percent (95%) proctor density. Shooting missiles on any sidewalks or streets is not allowed. Private utilities shall be installed prior to the installation of the streets.

Pre-construction Meeting

     Before construction begins on any project, the developer, engineer, contractor, sub-contractors and other interested parties shall attend a pre-construction meeting at the City of Krugerville Council Room. The pre-construction meeting is for introduction, last minute amendments to the conduction plans, discussing problems and reviewing procedures.

Final Acceptance of the Water, Sanitary Sewer, Drainage and Paving

     The City of Krugerville will conduct a walk-through of the completed facilities. Comments from the walk-through must be addressed prior to final acceptance. The following items must be addressed prior to final acceptance:

1.     Contractor(s) must be present at walk-through and prepared to operate valves and open manhole lids, inlet lids, meter lids, value covers and clean-out covers.

2.     Lot grading must be complete and in accordance with the approved construction plans.

3.     All tests must be completed and passed.

4.     Erosion prevention devices installed and functioning.

5.     Over-time, testing failures and water usage invoices must be paid.

6.     An affidavit that have been paid must signed and submitted.

7.     Record drawing must be submitted (one set of mylars and two sets of blueline prints, AutoCAD DWG or DXF drawings of the plat, water and sanitary sewer layouts)

8.     Regulatory and street name signs must be installed.

9.     The maintenance bond must be submitted

General

     Street shall not be closed for construction during weekends and holidays.

     After hours inspection. Forty-eight (48) hour notice and approval by the City engineer or City inspector is required or any work by the City staff.

     Weekdays: After 4:30 PM- $30.00 per hour with a two (2) hour minimum. Saturdays: $30.00 per hour with a four- (4) hour minimum.

   PART VII - REQUIREMENTS FOR REPLATTING

   Article 41.      Ownership

41-100      In order to replat a tract of land for which a final plat is filed of record in the Records of Denton County, the tract must be either (a) fully owned by the person desiring to replat, or (b) the person desiring the replat must furnish the City with written acknowledgment and consent by all other property owners.

   Article 42.      Procedures

42-100      The procedure for replatting (re-subdividing) shall be the same as for subdividing as stipulated by this Ordinance. In addition, all utility companies which furnish the City with water, gas, electric, telephone and television cable service, must acknowledge to the City, in writing, that they have knowledge of the replat and whether they have objection thereto.

42-101      Such written acknowledgment must be in the hands of the City Secretary prior to the submission of the final plat to the City Council for approval.

42-102      Lots in Old City Krugerville may be replatted using the short form method if they meet one or more of the following criteria;

1.   Are inaccessible by streets as platted.

2.  Property is to be combined from two (2) lots to form a larger homestead lot.

42-103      Replatting under the above criteria is fee exempt.

   PART VIII - DESIGN PROVISIONS

   Article 43.      General

43-100      This part of the Subdivision Ordinance is primarily intended for the use of the Subdivider's Engineer to enable him to design required community facilities which will be acceptable to the City, where may be special circumstances which would dictate requirements in excess of those outlined; however, in most cases, these exceptions will be apparent to the Subdivider's Engineer while preparing the plans for the subdivision.

     Construction Details: Detail Drawing shall establish the standards adopted by this Ordinance and made a part hereof. Construction Details for the City of Krugerville dated and all revisions from that date shall become an integral part of all construction plans.

43-101      Where specific topographic or other conditions make variance from these standards necessary in order to achieve the best overall design, these standards may be modified by the Council, upon recommendation from the Planning Commission.

43-102      There is hereby adopted by reference and made a part of these regulations design standards and specifications which shall be controlling in design, construction and installation of street paving, curbs and gutters, sidewalks, utilities and other public improvements required herein. All references to City Design Standards and Specifications shall mean and include those standards and specifications, together with all exhibits, charts, drawings and diagrams appointing thereto, which have been approved by the officials having jurisdiction and placed on file in the offices of said officials. Among these standards are the “Standard Specifications for Public Works Construction,” North Central Texas Council of Governments, Latest Edition.

   Article 44.      Streets and Alleys

44-100     General Requirements:

1.     The arrangement, character, extent, width, grade and location of all proposed streets shall be related to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served such streets. Streets shall be extended to the subdivision property lines to provide for future street extensions when appropriate in conformance with an approved preliminary plat and plans.

2.     All streets should be designed to be in line with existing streets in adjoining subdivisions.

3.     When conditions permit, centerline offsets should be at least one hundred thirty five (135) feet. Greater centerline offsets as may be required by the City Engineer shall be planned where necessary for traffic safety.

4.     Streets shall be named to provide continuity with existing streets.

5.     Streets designated to be dead-ended permanently shall be platted and constructed with a paved cul-de-sac. Any dead-end street of a temporary nature, if longer than two hundred (200) feet, shall have a surfaced turning area eighty (80) feet in diameter for a cul-de-sac. Temporary dead-end street shall have provisions for future extension of the street and utilities, and if the temporary cul-de-sac is utilized, a reversionary right to the land abutting the turn-around for excess right-of-way shall be provided.

6.     A street ending permanently in a cul-de-sac should not be longer than six hundred (600) feet and shall be provided at the end with a turnaround having an outside roadway diameter of at least eighty (80) feet. and a street property line diameter of at least one hundred (100) feet. On extra wide lots, cul-de-sacs may be longer.

7.     Streets should be platted to allow two tiers of lots between streets when possible.

8.     The reservation in private ownership of strips of land at the end of proposed or existing streets and intended solely or primarily for the purpose of controlling access to property not included in the subdivision shall be prohibited.

9.     Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations, and where the Commission finds it will be practicable to require the dedication of the other half when the adjoining land is subdivided. The other half of the street shall be platted within the adjacent tract at the time it is platted.

44-101      Street Class Requirements:

1.     Street layout shall provide for continuation of collector streets in areas between arterials.

2.     Those local street designated by the Commission shall be extended to the tract boundary to provide future connection with adjoining unplatted lands. In general, the extensions should be at such intervals necessary to facilitate internal vehicular circulation with adjoining unplatted lands.

3.     Where single family or duplex uses abut an existing or proposed arterial street, the plat or dedication instrument will provide:

     Lots to side onto the arterial with a non-access restriction on the arterial side; or

     Reverse frontage with screening and containing a non-access restriction along the rear property line; or

     Other treatment as may be necessary or required for adequate protection of adjoining properties, and as approved by the Commission after taking into consideration the proposed method of off-street parking and maneuvering which will prevent the necessity of backing into the arterial street.

44-102      Street Classifications

A.     Definitions

          

          Street Classification           Functions- Uses

     

     Local Street          Distributes traffic to and from residences.

Short in length, non-continuous to discourage through-traffic. Low-density residential/single family.

     

     Minor Collector     Carries traffic from local streets to arterials.                                           

Also may serve local facilities such as schools and churches. Uses served would include medium and high density residential, limited commercial facilities, elementary schools, some small offices, and direct access within industrial parks.

Major Collector     Carries heavy traffic to major commercial and industrial facilities from arterials. Uses would include office park, industrial parks, and community level commercial facilities.

Arterial (Major)     Major traffic carriers. Receives traffic from collectors and distributes to major activity centers. Also feeds through-traffic to freeways. Uses would include high schools, universities, other major educational facilities, concentrations of high density residential, regional commercial facilities, other concentrated commercial facilities, industrial complexes, and major public facilities such as airports.

44-103      Street Design

A.     General Provisions

1.  All dedicated streets should conform to the following:

GENERAL DESIGN REQUIREMENTS

                                   

Street Classification

Minimum

Right-of-Way Width

Minimum Pavement Width (Face to Face)

Parkway

Width

Local Street

50'

28'

11'

Minor Collector

60'

36'

12'

Major Collector

68'

48'

10'

Arterial (Major Thoroughfare)

120'

Two @ 36'

10'

2.  All dedicated streets should conform to the following Technical Design Criteria.

3.  (See Following)

TABLE I

     

Street Classification

Minimum Design Speed (MPH)

Maximum Percent Grade

Minimum

Percent Grade

Area free from storm water, using a five year frequency storm

Local Street

---

10

0.4

N.A.

Minor Collector

30

8

0.4

N.A.

Major Collector

40

8

0.4

One lane (normally the center 12')

Arterial

45

6

0.4

One lane each direction

4.  Horizontal Curves

     Where streets classified as Local are platted with curves, the degree of curvature should, as much as is practical, be consistent with the criteria for horizontal curves and minimum stopping sight distance for the design speed, in accordance with good engineering practice.

     When streets classified as Minor Collector, Major Collector, or Arterial are platted with curves, the degree of curvature shall be such that the street, when constructed, will meet the requirements for horizontal curves and minimums topping sight distance, etc., for the design speed, in accordance with good engineering practice.

5.     No street intersecting an arterial street should vary from a 90° angle of intersection by more than 5°. Intersections of Minor Collector and Major Collector, and Local should not vary from 90° by more than 15°.

6.     Where in his judgment the appropriate use of the neighboring property will not be substantially injured, the City Council, after consultation with the City Engineer, may in specific cases, and subject to appropriate conditions and safeguards, authorize special exceptions to the Technical Design Criteria items in order to permit reasonable development and improvement of property where literal enforcement of these values would result in an unnecessary hardship.

(Ordinance 2000-21 adopted 1/3/01)

7.     Pavement Types:

a.      All streets shall be constructed on a 6" inch lime stabilized subgrade constructed of reinforced concrete pavement with the minimum pavement thickness of 6" inches and the compressive strength of the concrete not less than 4,5000 psi with a minimum cement content of (6) six sacks per yard with 15% Class C fly ash and 5-7% air entrainment. The concrete shall be reinforced with at least #4 bars at 12 inch on center each way. The pavement shall have expansion joints at all major intersections and at 100 feet on center maximum with 1½" deep saw cuts at 20 feet on center maximum. No redwood shall be used in expansion joints. The expansion joints shall have a minimum ½" bituminous board with ¾" inch smooth dowels, greased or capped at 12" inches on center. Also at a minimum, sub grade shall be prepared and tested by a testing laboratory to meet ASTM (Standard Proctor).

b.     Reserved.

(Ordinance 2003-006 adopted 12/19/02)

c.      Consideration may be given to permitting a different subgrade and pavement thickness from the foregoing provided that the developer's engineer provides soils tests and design calculations based on the Texas Triaxial Method and all such soils tests and calculations are approved by the City Engineer.

d.      All materials furnished for the paving of streets and all construction methods shall fully conform to the appropriate sections of the City Standard Specifications for Street and Drainage Construction.

e.      Curb and Gutter shall be constructed as detailed and specified in the Standard Specifications for Construction. (6" vertical or alternate as approved by City Engineer)

RIGHT-OF-WAY

     The minimum right-of-way shall be sixty (60) feet. Additional right-of-way, roadway easement, drainage and/or utility easements may also be required if deemed necessary for the proper development of the subdivision.

DRAINAGE:

     Roadway drainage ditches parallel with the road shall be designed to convey the appropriate design storm and one-foot of freeboard. Drainage structure crossing the roadway shall be designed to convey a minimum 25 year frequency storm with one-foot of freeboard. Ditch side slopes shall be no steeper than 4:1 (horizontal/vertical).

44-104      Alleys: No public alleys shall be accepted by the City of Krugerville.

44-105      Sidewalks: No sidewalks shall be required by the City of Krugerville.

   Article 45.      Easements

45-100      General

Easements shall be provided on subdivision plats when the following criteria indicate that an easement is required.

1.     Where not adjacent to a public way, easements at least 15 feet wide for utility construction, service, and maintenance shall be provided where necessary in locations approved by the City Plan Commission.

     Easements of at least seven and one-half (7½) feet in width shall be provided on each side of all rear lot lines and along side lot lines, where necessary, for utilities such as electric, telephone, street lights and gas. Easements having greater width dimensions may also be required along or across lots where engineering design or special conditions make it necessary for the installation of utilities outside public rights-of-way.

2.     The following full statement of restrictions shall be placed in the dedication instrument:

45-101     Utility Easements

1.     Any public utility, including the City of Krugerville, shall have the right to move and keep moved all or part of any building, fences, trees, shrubs, other growths or improvements which in any way endanger or interfere with the construction, maintenance, or efficiency of its respective systems on any of the easements shown on the plat; and any public utility, including the City of Krugerville, shall have the right at all times of ingress and egress to and from and upon said easements for the purpose of construction, reconstruction, inspection, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone.

2.     Emergency access and fire lane easements shall be provided in locations required by the Krugerville Fire Department. There easements shall have a minimum width of twenty (20) feet and a minimum height clearance of fourteen (14) feet. Any emergency access and fire lane easement more than one hundred (100) feet in length shall either connect at each end to a dedicated public street or be provided with a cul-de-sac having a minimum diameter of eighty (80) feet with an additional distance of ten (10) feet on all sides clear of permanent structures. These easements shall be paved to Design Standards and Specifications recommended by the City Engineer.

3.     A 20' x 20' triangular public “open space” easement is required on corner lots at the intersection of two streets. The following full statement of restrictions shall be placed in the dedication instrument or on the face of the plat.

45-102      Public Open Space Restriction:

1.     No structure, object, or plant of any type may obstruct vision from a height of twenty-four (24) inches to a height of eleven (11) feet above the top of the curb, including, but not limited to buildings, fences, walks, signs, trees, shrubs, cars, trucks, etc., in the public open space easement as shown on this plat. These open space easements will remain in effect until vacated by ordinance adopted by the City Council of Krugerville and the property replatted.

2.     The preceding Public Open Space Restrictions may be altered to permit, on commercially zoned lots, the placement within the easement area of:

3.     One single pole sign with said pole not to exceed twelve (12) inches in diameter and with every portion of said sign allowing a minimum height clearance between it and the ground of eleven (11) feet.

45-103      Drainage Easements

     Easements for storm drainage facilities shall be provided at locations containing proposed or existing drainage ways.

A.     Storm drainage easements of fifteen (15) feet minimum width shall be provided for existing and proposed enclosed drainage systems. Easements shall be centered on the systems. Larger easements, where necessary, shall be provided as directed by the City Engineer.

B.     Storm drainage easements along proposed or existing open channels shall provide sufficient width for the required channel and an additional fifteen (15) feet width as may be required to provide ingress and egress of maintenance equipment; to provide clearance from fences and space for utility poles; to allow maintenance of the channel bank; and to provide adequate slopes necessary along the bank.

C.     Storm drainage easements shall be provided for emergency overflow drainage ways of sufficient width to contain within the easement storm water resulting from a 100-year frequency storm less the amount of storm water carried in an enclosed system of a capacity required by the City of Krugerville. The width of the easements described in Items A through C above shall be substantiated by a drainage study and drainage calculations or other criteria submitted to and approved by the City Engineer.

45-104      Floodplain Easements

     Floodplain easements shall be provided along natural drainage ways and lakes or reservoirs. Floodplain easements shall encompass all areas beneath the water surface elevation resulting from a storm whose design frequency is 100 years, plus such additional width as may be required to provide ingress and egress to allow maintenance of the banks and for the protection of adjacent property, as determined and required by the City Engineer.

     The following full statement of restrictions shall be placed in the dedication instrument of the subdivision plat:

Floodplain Restriction

     No construction, without the written approval of the City of Krugerville shall be allowed within a floodplain easement, and then only after detailed engineering plans and studies show that no flooding will result, that no obstruction to the natural flow of water will result; and subject to all owners of the property affected by such construction becoming a party to the request. These engineering studies shall be done in compliance with FEMA (Federal Emergency Management Agency) guidelines which address acceptable studies, methods and limits of work done inside the 100-year floodplain. Where construction is permitted, all finished floor elevations shall be a minimum of one (1) foot above the 100-year flood elevation.

     The existing creeks, lakes, reservoirs, or drainage channel traversing along or across portions of this addition will remain as an open channel at all times and will be maintained by the individual owners of the lot or lots that are traversed by or adjacent to the drainage courses along or across said lots. The City of Krugerville will not be responsible for the maintenance and operation of said drainage ways or for the control of erosion. Each property owner shall keep the natural drainage channels traversing adjacent to his property clean and free of debris, silt, or any substance which would result in unsanitary conditions and the City shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions which may occur. The natural drainage channel, as in the case of all natural drainage channels, are subject to storm water overflow and natural bank erosion to an extent that cannot be definitely defined. The City of Krugerville shall not be liable for damages of any nature resulting from the occurrence of these natural phenomena, nor resulting from a failure of any structure(s) within the natural drainage channels. The natural drainage channel crossing each lot is shown by the floodplain easement line as shown on the plat.

   Article 46.      Blocks

46-100      The length of a block shall be considered to be the distance from property corner to property corner measured along the property line of the block face:

     1.     of greatest dimension, or

     2.     on which the greatest number of lots face.

     The width of a block shall be considered to be the distance from property corner to property corner measured along the property line of the block face:

     3.     of least dimension, or

     4.     on which the fewest number of lots face.

     The length, width and shapes of blocks shall be determined with due regard to:

     a.     provision of adequate building sites suitable to the special needs of the type of use contemplated;

     b.     zoning requirements as to lot sizes and dimensions;

     c.     needs for convenient access, circulation, control and safety of street traffic.

46-101      In general, intersecting streets should be provided at such intervals as to serve traffic adequately and to meet existing streets or customary subdivision practices. Where no existing subdivision controls, the block lengths should not exceed one thousand three hundred twenty (1,320) feet. Where no existing subdivision controls, the blocks should not be less than five hundred (500) feet in length; however, in cases where physical barriers, property ownership, or individual usage creates conditions where it is appropriate that these standards be varied, the length may be increased or decreased to meet existing conditions, having due regard for connecting conditions, having due regard for connecting street, circulation of traffic and public safety.

   Article 47.      Lots

47-100      The lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites, property related to topography and the character of surrounding development.

47-101      All side lines of lots shall be at approximately right angles to straight street lines and radial to curved street lines except where a variation to this rule will provide a better street and lot layout.

47-102      No lot shall have less area of width at the building line than is required by the zoning regulations that apply to the area in which it is located.

47-103      Lots shall be consistent with zoning regulations. When the specific proposed use of a lot or tract depends upon future action by the City Council or other properly designated authority, lot lines shall also be shown on the preliminary plat appropriate to a use which does not require such action. Proposed uses shall be shown on the preliminary plat.

47-104      Building Lines

     Building lines shall be shown on all lots in the subdivision. The building lines (front, rear and side) shall be listed in accordance with the applicable zoning ordinances.

   Article 48.      Land Unsuitable for Subdivision

48-100      Any land which, in its natural state, is subject to a 100-year flood or which cannot be properly drained shall not be subdivided, re-subdivided or developed until receipt of evidence that the construction of specific improvements proposed by the Developer can be expected to yield a usable building site. Thereafter, the Commission may approve plats; however, construction upon such land shall be prohibited until the specific improvements have been planned and construction guaranteed.

   Article 49.      Recreation and Public Land

49-100      Providing adequate sites for recreation parks, open space, school sites, and other community facilities is a public necessity in an urban area. The acquisition and improvement of these sites in step with private development of the area served by them is of mutual benefit to the subdivider and to the public. Therefore, when advised during the preapplication conference that the Comprehensive Plan shows a need for said facilities either partially or totally within the proposed development area, the subdivider shall include in his preliminary plat or concept plan design sites for such purposes.

(Ordinance 2000-21 adopted 1/3/01)

   Article 50.      Driveways, Parking and Signs

50-100      One and Two Family Residential Driveways

     Residential driveways to serve single car garages, carports, and/or storage areas shall be not less than sixteen feet (16) feet nor more than twenty-four (24) feet in width, measured at the property line. Residential driveways to serve two car garages, carports, and/or storage areas shall be not less than sixteen (16) feet, nor more than twenty-four (24) feet in width, measured at the property line. When residential driveways are required to serve three or more car garages, carports, and/or storage areas, the size and location of the driveway(s) shall be subject to the approval of the City Engineer, after an adequate engineering analysis of the parking, maneuvering and access requirements. A driveway should not begin less than five (5) feet from the point of tangency of the corner radius of  an intersection. (Ordinance 2001-19 adopted 7/5/01)

50-101      Multi-Family Residential, Commercial and Industrial Driveways

     The location of ingress and egress and the size of all multi-family residential, commercial, and industrial driveways shall be subject to the approval of the City Engineer. Driveways should not exceed sixty-five (65) percent of the property frontage. Multi-family residential, commercial and industrial driveways shall be a minimum of fifteen (15) feet and a maximum of thirty-five (35) feet in width measured at the property line. When the property frontage is seventy-five (75) feet, the driveway measured at the property line shall not begin less than ten (10) feet from the property corner. When the property frontage is less than seventy-five (75) feet, the driveway measured at the property line may begin a minimum of five (5) feet from the property corner, provided there is not an existing driveway within fifteen (15) feet of the property corner on the adjacent property. A minimum of twenty (20) feet, measured at the property line, should be maintained between driveways.

     The radius of all driveway returns shall be a minimum of five (5) feet; however, if in the professional opinion of the City Engineer a situation justifies, driveways may be built at an angle other than perpendicular to the roadway and/or with driveway return radii of as much as twenty (20) feet. The larger radius driveway returns may only be approved if a minimum of ten (10) feet of tangent curb can be constructed between the driveway returns. Joint driveway approaches may be approved, provided a letter of agreement signed by all adjoining property owners is delivered to the City Secretary.

50-102      Parking

     Off-street parking shall be provided as required in all the applicable zoning provisions of the zoning ordinance and shall be paved.

     Off-street parking areas shall be maintained by the Owner.

     No new “head in” parking is permitted, except for one and two-family residential. Off-street parking layouts shall afford the driver the ability to accomplish all maneuvers to enter or exit the parking spaces on private property.

50-103      General

     Nothing in this section shall require the changing of existing driveways and/or parking except under one or more of the following conditions:

1.     During widening and/or reconstruction of streets, the driveways will be brought into conformity with the present standards and head-in parking will be eliminated.

2.     During new building construction or major additions and remodeling of existing buildings, all driveways and parking requirements will be brought into conformity with the present standards and head-in parking will be eliminated.

3.     When the City Engineer determines that prevailing traffic conditions require the elimination of existing head-in parking that makes use of public rights-of-way in order to correct a serious traffic hazard.

4.     When in his professional judgment the literal enforcement of any part of Article 49 would result in poor engineering design or in an unnecessary hardship, the City Council may authorize special exceptions to Article 49, subject to appropriate conditions and safeguards, in order to permit reasonable development and improvement of property.

a.     Street Names. Names of new streets shall not duplicate or cause confusion with the names of existing streets, unless the new streets are a continuation of or in alignment with existing streets, in which case names of existing streets shall be used.

b.     Street Signs. Street signs shall be furnished to and installed by the Subdivider for all intersections within or abutting the subdivision. Such signs shall be of a type approved by the City.

(Ordinance 2000-21 adopted 1/3/01)

50-104     Drainage Culverts Regulations

1.     Purpose. The purpose of this article is to provide standards for the construction of driveways and drainage culverts in the City of Krugerville's rights-of-way.

2.     Culverts Required. All driveways or private roads that connect to public rights-of-way within the City of Krugerville shall have a drainage culvert constructed in accordance with the standards and regulations adopted herein. Provided, however, that if proper proof is presented that a drainage culvert is not necessary, this requirement may be waived. Proper proof is deemed to be a report prepared by the City Engineer.

3.     Culvert Construction Standards. The following standards apply to all new or replacement culverts installed within the City of Krugerville on or after the effective date of this article.

a.     All culverts shall be designed to carry a 100-year frequency storm as determined by the City of Krugerville's design criteria. The minimum inside diameter (I.D.) of a culvert shall be eighteen inches (18"). If a box or other type of culvert(s) is used, the minimum I.D. shall allow for the same equivalent flow for that occurring in an eighteen inch (18") diameter circular culvert unless otherwise specified by the City Engineer.

b.     The length of culvert shall be determined by the width of the driveway and distance from the roadway. The minimum length for a culvert shall be twenty feet (20'). The flow-line shall be established a minimum of eighteen inches (18") below the edge of the adjacent roadway. The culvert to be installed shall conform to the existing ditch alignment; however, for safety reasons the culvert must be a minimum of six feet (6') from the existing adjacent roadway. The culvert shall be set in such a manner as to minimize grade change from roadway to driveway. The drainage ditch must be cleaned and realigned as necessary after the culvert is installed to allow unobstructed flow of storm waters. The installation process should minimize effecting of the existing drainage and be carried out in a timely manner.

(Ordinance 2001-16 adopted 6/12/01)

c.     All culverts shall only be constructed of Pre-cast RCP. Precast RCP culverts shall have safety headwalls installed with not less than three to one slope and steel in concrete around headwall. 15" minimum culverts shall be installed in the city's easement. (Ordinance 2007-016 adopted 8/23/07)

d.     Every culvert shall have safety head walls constructed with not less than three to one slope. The head walls must be at least five and one-half inches (5½") thick. Plastic or PVC culverts are not permitted. (Ordinance 2001-16 adopted 6/12/01)

e.     All culverts shall have at least (6") inches of cover between the top of the culvert and driveway surface unless an alternative design is approved by the City's Engineer at the installer's expense. (Ordinance  2003-007 adopted 12/19/02)

f.     See Exhibit “A” attached for a diagram of culvert design standards.

4.     Permits and Fees.

a.     Prior to the installation of any driveway culvert, a permit must be issued by the City. An application for permit must be filed with the City for approval. The application shall contain the following:

1)     Name, address and telephone number of the property owner.

2)     Name, address and telephone number of the contractor, if different from the owner of the property.

3)     A written legal description of the property.

4)     One (1) copy of a site plan which details the location of the proposed driveway culvert and design calculation indicating the culvert is adequate to carry the 100 year frequency storm.

5)     Written specifications indicating overall dimensions of proposed culvert, including head walls; depth and width of drainage ditch; and the distance of the proposed installation site from the connecting roadway, together with the specification of the materials to be used.

b.     The fee for a culvert installation permit may be set from time to time by a resolution of the City Council and the same shall be paid at the time the permit application is filed with the City.

c.     Upon approval of application, a permit for installation will be issued by the City and construction may commence.

d.     The installation permit will be valid for thirty (30) days from date of issuance.

e.     Final inspection and approval of the actual installation site must be obtained from the City.

5.     Penalty. Any person, firm, company, partnership, corporation, or association violating any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined, except as otherwise provided herein, in a sum not to exceed five hundred ($500.00) for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.

(Ordinance 2001-16 adopted 6/12/01)     

   Article 51.      Storm Drainage Facilities

51-100      General

     Drainage facilities shall be provided and constructed by the developer in accordance with current design criteria herein adopted by the City and the Standard Specifications for Public Works Construction and the following basic requirements:

1.     When conditions upstream from a proposed channel or storm drain outside the limits of the ownership of the develop do not permit maximum design flow, the drainage facilities shall be designed based on potential and fully developed conditions.

2.     When conditions downstream from a proposed channel or storm drain outside the limits of the ownership of the developer do not permit maximum design flow, water surface elevations for a 100-year design frequency shall be indicated considering the downstream condition in order to define the potential flood hazards. Solutions to protect the property shall be developed.

3.     All drainage improvements shall be designed to an acceptable outfall.

4.     Where there is a question as to the justification or size of drainage facilities, doubt will be resolved in favor of additional drainage capacity.

5.     The combined capacity of storm drain pipe, street and surface drainage shall contain the 100-year design flow at the building lines. The finish floor elevation shall be at least one foot (1') above the 100-year design flow at the building lines. The finish floor elevation shall be at least one foot (1') above the 100-year flood elevation.

6.     The developer shall install an underground storm drain beginning at the point where the calculated storm water runoff is of such a quantity that it will overflow the street at curb height. The storm drain shall be constructed from this point to an approved outlet where the storm water can be discharged safety without damage or flooding of adjacent property.

7.     The developer may install a concrete lined channel in lieu of installing pipe larger than 60 inches. This open channel shall be at the rear of residential lots. In the event it is necessary to locate the drainage facility adjacent to and parallel to a street, it shall be a closed conduit even though pipe sizes larger than 60 inches are required.

8.     A permanent chain link fence or other fence meeting the requirements of the City shall be constructed to enclose the channel area where it is adjacent to residential lots and also in other cases where it is deemed necessary to restrict access to the channel.

9.     All drainage facilities shall be constructed on public right-of-way or easements dedicated for the purpose. Drainage easements shall be of a sufficient size to permit access for maintenance of the drainage facility.

10.     When a drainage ditch or storm drain pipe, culvert or bridge is proposed, calculations shall be submitted showing basis for design.

11.     When a drainage channel, storm drain pipe, culvert or bridge is proposed, completed plans, profiles and specifications shall be submitted, showing complete construction details and detailed cost estimate.

51-101      Design Criteria

     Drainage requirements shall be based on the Rational Method of Design (Q = CIA).

     Q = Discharge or surface runoff in cubic feet per second.

     C = Coefficient of runoff

     I = Intensity of runoff in inches per hour as derived for United States Weather Bureau, Technical Paper 40.

     A = Drainage areas in acres.

     A minimum time of concentration of ten minutes shall be used, with detailed computation made to determine the exact time of concentration to each inlet facility.

51-102     Design Storm Frequency

Type of Facility

Description of Area to be Drained (Minutes)

Maximum Time of Concentration

Recommended Design Frequency (Years)

*Storm Sewers

Residential, Commercial and Manufacturing

30

5

*Culverts, Bridges, Channels and Creeks

Any type of area less than 100 acres

30

5

**Culverts, Bridges, Channels and Creeks

Any type of area greater than 100 acres, but less than 1,000 acres

45

100

***Culverts, Bridges, Channels and Creeks

Any type of area greater than 1,000 acres

60

100

     

*When the maximum time of concentration or area to be drained is exceeded, the design shall be based on a ten (10) year frequency.

**When the maximum time of concentration or area to be drained is exceeded, the design shall be based on a twenty-five (25) year frequency.

***Whenever, in a storm sewer system, an inlet is located at a low point so that flow in excess of the storm sewer capacity would be directed onto private property, the design frequency shall be increased beyond five (5) years. If the inlet location is such that overflow could cause damage or serious inconvenience, it may be desirable to increase the design frequency to as much as twenty-five (25) years.

51-103      Storm Drainage Design

     Storm Drainage Facilities shall be designed in accordance with “Storm Drainage Criteria and Design Manual,” City of Fort Worth, 1967 with the following modifications:

     1.     All storm drains shall be designed for surcharged flow.

2.     Outfalls in natural water courses shall begin the hydraulic gradient elevation for surcharge design at the top of the conduit plus V²/2g.

   Article 52.      Water Facilities

52-100      General

     In the absence of specific standards contained in this ordinance, all water supply, distribution, pumping, and storage improvements shall be designed in accordance with the most current standards of the American Water Works Association and the most current edition of “Rules and Regulations for Public Water Systems” of the Texas Department of Health Resources.

52-101      Basic Requirements

1.     All water mains in residential area shall be a minimum of six inches (6") in size and looped where possible. Water mains in industrial and commercial areas shall be a minimum 8" in size. All water mains shall be PVC C-900. DR-18 or Ductile Iron as shown on Typical Standard Details. Asbestos Cement Pipe (AC) will not be allowed for construction.

2.     Water mains should be large enough to supply the fire flows required, but no less than eight-inch in mercantile areas and no less than six-inch in scattered residential areas.

     No six-inch looped main should be more than 3500 feet long. (Note: A “loop” is that between one two-way feed and another independent two-way feed). (An eight-inch or larger pipe is considered to be a two-way feed.) An eight-inch or larger pipe is considered to be a two-way feed for this one purpose. A “feed” for this purpose cannot be less than six-inch size. A test to determine if there is a loop is whether flow is obtained if a line is valved off.

     The City may participate in the cost of any oversize lines required to serve land areas and improvements beyond the subdivision. The City's participation will be difference in the actual construction cost of the oversized line and the estimated construction cost, as determined by the City's Engineer, of the line properly sized to serve only the land area of the development.

3.     The cost of mains larger than six inches (6") must be borne by the developer if such larger main is required to adequately serve the subdivision.

4.     Standard three-way fire hydrants shall be installed as a part of the water distribution system. Fire hydrants in mercantile and industrial areas shall be on street intersections and so located that there will be a fire hydrant every three hundred (300) feet as measured along the street. Fire hydrants in a residential area shall be located on all street intersections and not over six hundred (600) feet apart as measured along the street.

5.     Valves of approved design shall be installed at the intersections of all water mains so as to provide for proper maintenance and operation of the system and to provide a means of shutting off the supply to portions of the system for repairs. Sufficient valves shall be installed to cause a minimum interruption of service.

   Article 53.      Fire Flows Requirements

FIRE FLOWS REQUIRED

Principal mercantile and industrial areas      3,000 gpm

Light mercantile areas                1,500 gpm

Congested residential areas                  750 gpm

Scattered residential areas               500 gpm

All fire flows to be calculated with 20 pound residual pressure.

6.     The depth of cover shall be a minimum of 36 inches below finished grade.

7.     Pipeline markers will be used to locate road crossings and cross country lines in rural areas.

8.     Valve markers shall be provided in rural areas.

9.     Corporation stops and meter boxes shall be provided at all services.

10.     Adequate air relief, drainage, and flushing valves must be provided for flushing, disinfection, daily operation requirements, and repairs.

11.     Water main extensions shall be made to the limits of the property being final platted to provide for future water main extensions by the adjacent property owner, or with the next phase of development.

   Article 54.      Sanitary Sewerage Facilities

54-100      General

     All subdivisions developed subsequent to this Ordinance shall be provided with an approved sewerage disposal system conforming to the current criteria adopted by the City and the requirements of Texas Department of Health Resources “Design Criteria for Sewerage Systems.” Materials and construction shall meet the requirements of Standard Specifications for Public Works Construction.

54-101      Basic Requirements

1.     No sewer main shall be less than six (6) inches in nominal diameter. Sewer service lines shall not be less than four (4) inches in diameter. Sewer lines shall utilize PVC, SDR-35 pipe where applicable unless size or Special Conditions warrant other materials.

2.     All sewers shall be designed with consideration for serving the full drainage area subject to collection by the sewer in question except as modified with the concurrence of the City's Engineer because of the projected rate of development or the financial feasibility of the proposed extension.

3.     Manholes shall be located at all intersections of other sewers and at intermediate spacings along the line. Generally, the maximum spacing should not exceed 500 feet. Manholes should be located at all changes in grade and at the ends of all sewers.

4.     Sewers should be designed with straight alignment whenever possible. When horizontal curvatures must be used, the smallest radius should be determined by the pipe manufacturer's data, but in no case less than a one hundred (100) foot radius shall be used.

5.     All sewers shall be designed with hydraulic slopes sufficient to give mean velocities, when flowing full or half full, or not less than two (2') feet per second on Kutter's or Manning's formulas using an “n” value of 0.011, except that the minimum allowable grades shall be maintained as follows:

     4" Service           2.00%     

     6" Line           1.00%     

     8" Line               0.40%     

     10" Line          0.29%     

     12" Line          0.22%     

     15" Line          0.16%     

     18" Line          0.12%     

     24" Line and larger     0.10%

6.     No connection shall be made to any sanitary sewerage system within the City which will permit the entrance of surface water and waste of other than domestic sewage characteristics.

7.     All materials and workmanship incorporated in the sewage system extensions shall be in accordance with the currently adopted Standard Specifications for Public Works Construction.

8.     All lateral and sewer mains installed within a subdivision must extend to the borders of the subdivision as required for future extensions of the collecting system regardless of whether or not such extensions are required for service within the subdivision.

9.     Service laterals shall be constructed at an elevation designed to gravity flow the lot or tract of land to which it will serve as computed at a grade of 2% from the service wye riser pipe to the proposed building site. However, the minimum cover for a service wye riser pipe at the property line or easement line shall be a minimum of four (4) feet. All service laterals below proposed area to be paved shall be installed and properly backfilled prior to compaction of the subgrade and placement of the paving.

10.     Any service lateral used for the discharge of industrial waste into the City's sanitary sewers shall have a control manhole constructed and maintained by the discharger of the industrial waste. The control manhole shall be constructed downstream from any storage tanks or pretreatment works and shall be used by the City for sampling and monitoring the industrial waste.

11.     Sewage lift stations (pumping stations) will not be allowed unless physical conditions will not permit a conventional gravity flow sewer system. All lift stations will utilize two (2) pump or duplex systems, with each pump having the capacity to meet maximum flow demands. The pumping system shall utilize automatic mercury float control switches for start-stop and automatic pumping cycles. The facilities may be designed for specific locations, employing wet well/dry well, surface mounted pumps or submersible pumps. The City Engineer will review and direct the type of lift station to be installed.

CODIFICATION

This Ordinance is authorized to be printed and bound into a code book which shall be known as the Subdivision Code of the City of Krugerville, Texas, and when such code is published into a bound code book, it shall constitute publication of this Ordinance.

ADOPTION OF ORDINANCE

Ordinance No. 164 was passed and approved on second reading the 3rd day of January by the City Council of Krugerville, Texas.

                              _______________________________

                         MAYOR, CITY OF KRUGERVILLE, TEXAS

ATTEST:

     _________________

CITY SECRETARY

APPROVED AS TO LEGAL FORM:

     _________________

ATTORNEY FOR THE CITY OF KRUGERVII.LE, TEXAS