Loading...
HomeMy WebLinkAboutORD 2017-15 - UDC General AmendmentsORDINANCE NO. a D 11- I S An Ordinance of the City Council of the City of Georgetown, Texas, amending portions of the Unified Development Code (UDC), passed and adopted on the 111h day of March, 2003, relative to the requirements in Chapter 2 "Review Authority," Chapter 3 "Applications and Permits," Chapter 6 "Residential Zoning Districts," Chapter 7 "Non -Residential Zoning Districts," Chapter 9 "Off -Street Parking and Loading," Chapter 11 "Environmental Protection," and Chapter 16 "Definitions"; and repealing and replacing Chapter 12 "Pedestrian and Vehicle Circulation," and Chapter 13 "Infrastructure and Public Improvements"; Repealing Conflicting Ordinances and Resolutions; Including a Severability Clause; and Establishing an Effective Date. Whereas, on March 11, 2003, the City Council of the City of Georgetown, Texas, adopted a set of comprehensive development regulations known as the Unified Development Code ("UDC') via Ordinance No. 2003-16; and Whereas, on March 10, 2015, the City Council of the City of Georgetown, Texas, adopted an update to the "Transportation Element" of the 2030 Comprehensive Plan; and Whereas, on April 8, 2014, the City Council of the City of Georgetown, Texas, adopted an update to the "Downtown Master Plan" of the 2030 Comprehensive Plan; and Whereas, on October 13, 2009, the City Council of the City of Georgetown, Texas, adopted a "Utilities Element" to the 2030 Comprehensive Plan; and Whereas, on April 14, 2009, the City Council of the City of Georgetown, Texas, adopted a "Parks, Recreation, and Open Space Master Plan Element" to the 2030 Comprehensive Plan, including a Trails Master Plan; and Whereas, on June 24, 2014, the City Council of the City of Georgetown, Texas, adopted the 2012 International Fire Code; and Whereas, the Unified Development Code (UDC) and amendments thereto serve as an implementation tool to guide the orderly growth and development of the community in accordance with these adopted plans; and Ordinance Number: Description: 15-16 UDC General Amendments Date Approved:2 17 Page 1 of 4 Exhibits A -I Attached Whereas, the City Council established a Unified Development Code Advisory Committee on November 12, 2013, to review proposed or requested amendments to the Unified Development Code other than executive amendments which are those amendments that are nondiscretionary, mandatory, or legislative revisions to address state statutes or case laws, ratify published directors determinations, incorporate recently approved Council ordinances, process City Council designated emergency items, or address revisions otherwise determined necessary by legal counsel; and Whereas, the City Council approved a list of proposed amendments at their regular meeting on August 26, 2014, and directed to staff to work with the Unified Development Code Advisory Committee to prepare draft language; and Whereas, the amendment language contained in this ordinance addresses items included in that list of proposed amendments; and Whereas, the Unified Development Code Advisory Committee held numerous open meetings to discuss the amendment items; and Whereas, the Unified Development Code Advisory Committee conducted a Public Hearing at their regular meeting on October 12, 2016, on the draft amendments and recommended unanimous approval of the draft amendments; and Whereas, the Planning and Zoning Commission conducted a workshop at their regular meeting on December 20, 2016, and held a Public Hearing at their regular meeting on January 10, 2017, to consider the draft amendments and recommended unanimous approval of the draft amendments to the City Council. Now therefore, be it ordained by the City Council of the City of Georgetown, Texas that: Section 1. The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance implements the vision, goals, and policies of the Georgetown 2030 Comprehensive Plan and further finds that the enactment of this Ordinance is not inconsistent or in' -conflict with any other policies or - provisions of the -12030 Comprehensive Plan. Ordinance Number: Description: 15-16 UDC General Amendments Date Approved: x_28 2 01— Page 2 of 4 Exhibits A -I Attached Section 2. Portions of the Unified Development Code are hereby amended as described in Exhibits "A" through "I." Section 3. An Appendix is hereby created as part of Chapter 12 of the Unified Development Code to create a location for the inclusion of graphical illustrations to augment the text of the document. From time to time, graphical designs that such as street cross-sections may be administratively added, edited, or deleted in order to further enhance the understanding of this Chapter. Section 4. Graphics and numerical standards from the 2030 Plan such as may be contained in the Overall Transportation Plan, Trails Master Plan, and Sidewalk Master Plan that are inconsistent or rendered obsolete by these code amendments shall be adjusted or removed as necessary to avoid confusion. Section 5. The Construction Standards and Specifications Manual, UDC Development Manual, and other administrative technical documents necessary to implement the provisions of the UDC shall be updated to reflect these code amendments. Section 6. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 7. If any provision of this Ordinance, or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable. Section 8. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This ordinance shall become effective April 1, 2017, in accordance with the provisions of state law and the City Charter of the City of Georgetown. APPROVED on First Reading on the 141h day of February, 2017. APPROVED AND ADOPTED on Second Reading on the 280' day of February, 2017. THE CITY OF GEORGETOWN: ATTEST: Ordinance Number: 9-0I1-155— Description: 15-16 UDC General Amendments Page 3 of 4 Date Approved: Exhibits A-1 Attached .Jr Dale Ross Mayor Charlie McNabb City Attorney Ordinance Number: 201-1—IT Description: 15-16 UDC General Amendments DateApproved: z01� Shelley City Se Page 4 of 4 Exhibits A -I Attached Exhibit A Review Authority Section 2.01 General 2.01.020 Summary of Review Authority The following Table summarizes the decision -malting authority of each review body for the City of Georgetown. Table 2.01.020: Summary of Review Authority Procedure an I c o w ac on. � •'°. 9 m0 o v m ow to a m j� c u 2 .. '0 U $ i' w x 00 a` u a a m N N Cd n - c o Y U City Council Action Annexation R <DM> Comprehensive Plan Amendment R <R> <DM> Conservation Subdivision -Site Analysis Map -2M R --- Development Agreement R <R> <DM> Historic Overlay District Designation R R <R> <R> <DM> Historic Landmark Designation R <R> <DM> Rezoning (Zoning Map Amendment) R <R> <DM> Special Use Permit R <R> <DM> UDC Text Amendment R <R> <DM> Administrative Action Administrative Exception DM A A' Administrative Plat (minor or amend plat) DM R A Administrative Certificate of Appropriateness DM A Construction Plans DM A Courthouse View Height Determination DM A Driveway Permit DM A Final Plat DM R A Heritage Tree Protection Priority DM R R A Heritage Tree Pruning Permit A DM Heritage Tree Removal DM A License to Encroach ti's DM A Master Sign Plan DM A Sign Permit - DM -4 1 A Site Development Plan DM R A Stormwater Permit I DM A Temporary Use Permit DM I A Traffic Impact Analysis I DM A Exhibit A Section 2.02 Administrative Officials 2.02.010 Director of Planning azid Peziei_pment De artma"= (Plr-eEtei-) A. Appointment The City Manager shall appoint a Director of -- Planning u- '. (Director) to be the administrator of this Unified Development Code. 1R the ,', ; ,R , ` � Di .. ter of _ ni_ aiaifa. ant' 9e,. el9pMent Dep, .I,}. ent , tip';. B. Powers and Duties The Director .r Pl igin _ n a Deye',.pmeii' Qe ^ t,^c °' has the following powers and duties: 1. Final Action The Director is responsible for taking final action on the following procedures described in this Code, subject to the specific criteria for each procedure as described in the Code. a. Administrative Exceptions b. Administrative Plats C _ C W O W i M. yvOi c O ", U U Procedure a0+ U -° " - v a v ° s' W Q m W 0 m_ m� >w ow =ii gym._ x N. a ao d� .� a u Historic and Architectural Review Commission (HARC) Action Certificate of Appropriateness R <DM A HARC Exception (Building Height/ Setback R <DM A variations pursuant to Section 4.08)> Master Sign Plan R <DM A Zoning Board of Adjustment (ZBA) Action Appeal of Administrative Decision I I I I I I <DM Special Exception R <DM Zonin Variance <DM Planning and Zoning Commission Heritage Tree Protection Priority R R R DM A Minor or Final Plat w/Waiver R R DM A Preliminary Plat R R DM A Subdivision Variance: R R <DM A — — — > — Variance [water quality regulations R <DM A (Section 11.07.003)]1 1 > R - Review or Recommendation DM - Decision Making Authority A - Appeal Authority < > - Public Hearing ' Administrative Exceptions related to Chapter 8 items are sent to the City Council, all others are appealed to ZBA. Section 2.02 Administrative Officials 2.02.010 Director of Planning azid Peziei_pment De artma"= (Plr-eEtei-) A. Appointment The City Manager shall appoint a Director of -- Planning u- '. (Director) to be the administrator of this Unified Development Code. 1R the ,', ; ,R , ` � Di .. ter of _ ni_ aiaifa. ant' 9e,. el9pMent Dep, .I,}. ent , tip';. B. Powers and Duties The Director .r Pl igin _ n a Deye',.pmeii' Qe ^ t,^c °' has the following powers and duties: 1. Final Action The Director is responsible for taking final action on the following procedures described in this Code, subject to the specific criteria for each procedure as described in the Code. a. Administrative Exceptions b. Administrative Plats ExhibitA c. Final Plats I Site Development Plans 2. Review and Report The Director shall review and make either a report or recommendation to the Zoning Board of Adjustment, Planning & Zoning Commission, or City Council on the following procedures, subject to the terms and conditions set forth for such procedures in this Code. b. Comprehensive Plan Amendment c. Development Agreement d. Historic District Designation e. Preliminary Plat f. Rezoning (Zoning Map Amendment) g. Special Exception h. Special Use Permit L Subdivision Variance ii. Unified Development Code Text Amendment JI Zonin¢ Variance 33HEM 2.02.020 Development Engineer A. Designation The Director shall appoint a Development Engineer to function as described in this Code. The Development Engineer must be an engineer licensed by the State of Texas. For the purposes of this Code the Development Engineer is also designated as the Drainage Engineer. _... pevelepmei.t E (neer itke L)4-R41Engip.eI 11 I .. _ B. Powers and Duties The Development Engineer shall review and make reports to the Director or other final action authorities on all Site Plans and plats, and shall have final authority for approving construction plans, stormwater permits, and driveway permits. C. Compliance with Rules and Procedures 1. The Development Engineer shall comply with any specific procedures or technical criteria described in this Code. 2. The Development Engineer shall develop additional procedures or technical criteria to clarify implementation of this Code, providing that additional procedures do not violate any other provisions of this Code. Exhibit A 11e,'7d-i+'-- - MhiT- — -- Y=i}C:::�ir=f _ ' �—:. The r _o R r Chapter 3 ;applications and Permits Section 3.01 General E3E3E3E3 3.01.020 Applicability of Procedures The following Table shows which review procedures, applications and permits apply in the City and its extraterritorial jurisdiction. Table 3.01.020 Applicability of Procedures 3.01.030 Simultaneous Submission of Related Applications A. Submission of different applications related to the same development may be made simultaneously, within each application group listed below, altheagl�Approval consideration City Limits TEdraterritoriaL Jurisdiction Prior to Subdivision, Platting and any Development Annexation (Voluntary) X Comprehensive Plan Amendment X X Rezoning (Zoning Map Amendment) X Historic Overlay District Designation X Historic Landmark Designation X Special Use Permit X Development Agreement X X Access Point Connection Exemption X X Subdivision Et Platting of Land Recording Plats X X Preliminary Plat X X Construction Plans X X Plat Vacation X X ni_t `,� "'�' eFSubdivision Variance X X Development A lication Process Site Development Plan X Zoning Verification Letter X Legal L ..t Vei4fi .atieR I ,.tt^•Certification Regarding Compliance with Platting X X Temporary Use Permit X Master Sign Plan X X Certificate of Appropriateness X Appeal of an Administrative Decision X X License to Encroach X X Zoning Variance X Administrative Exception X Special Exception X Stormwater Permit X X Driveway Access Permit X X Sign Permit X X Courthouse View Height Determination X 3.01.030 Simultaneous Submission of Related Applications A. Submission of different applications related to the same development may be made simultaneously, within each application group listed below, altheagl�Approval consideration of the different applications, however, must hall remain occur in the feflewing-sequence= as listed. 1. Policy Applications a. Annexation (Voluntary) b. Development Agreement c. Comprehensive Plan; d. Zoning; e. Preliminary Plat Exception: A preliminary plat shall not be submitted until final approval of a Planned Unit Development (PUD) zoning request. 2. Development Applications a. Construction Plans b. Final Plat c. Certificate of Appropriateness, the d. Site Development Plan- 3. Building Permits An application for a Buildin<, Permit shall not be submitted to the City until review of the first submittal of the corresponding Site Development Plan has been completed b% staff and the comments have been forwarded to the applicant. B. Any application submitted simultaneously is subject to approval of all other related applications. Denialsr, disapproval or reconsideration of any concurrently submitted application shall stop consideration of any related applications. submi#ed application.,; Section 3.03 Public Hearing and Notice 3.03.010 Provision of Public Notice A. Summary of Notice Required Notice shall be required for application review as shown in the following Table. Table 3.03.010: Summary of Notice Requirements X = Notice Required * = Notice to be determined by Development Agreement Committee per Section 3.20 # = Only applicable to Certificate of Appropriateness applications that require consideration by the Historic and Architectural Review Commission 3.03.020 Required Public Hearing The following Table identifies the types of applications requiring a Public Hearing and the review body responsible for conducting the Hearing. Annexation (Voluntary) X AGse o.:.n /`......e.d'.... Exemptie.. X X X Appeal of Administrative Decision X_ Certificate of Appropriateness X Certificate of Appropriateness for relocation, removal or demolition, or setback modification $$ Comprehensive Plan Amendment X Development Agreement Historic Overlay District Designation X X X Historic Landmark Designation X X X Replat without Vacating (§212.0145) X X Rezoning (Zoning Map Amendment) X X X Special Exception X X X Special Use Permit X X X Subdivision Variance X X X UDC Text Amendment X Zoning Variance X X X X = Notice Required * = Notice to be determined by Development Agreement Committee per Section 3.20 # = Only applicable to Certificate of Appropriateness applications that require consideration by the Historic and Architectural Review Commission 3.03.020 Required Public Hearing The following Table identifies the types of applications requiring a Public Hearing and the review body responsible for conducting the Hearing. Table 3.03.020: Summary of Required Public Hearing .• of Application Zoning Board of Adjustment Planning & Zoning City Council X (2) Annexation (Voluntary) X Appeal of Admin. Decision X Certificate of Appropriateness Comprehensive Plan Amendment X X Development Agreement * X Historic Overlay District Designation X X X Historic Landmark Designation X X Replat (Resubdivision) X X Rezoning (Zoning Map Amendment) X X Special Exception X Special Use Permit X X Subdivision Variance X UDC Text Amendment X X Zoning Variance X X = Public Hearing Required * = Public Hearing to be determined by Development Agreement Committee per Section 3.20 # = Only applicable to Certificate of Appropriateness applications that require consideration by the Historic and Architectural Review Commission Section 3.08 Subdivision of Land 3.08.010 Plat Required A. Pursuant to the authority granted in Texas Local Government Code Chapter 212 and the City Charter, prior to the subdivision, resubdivision, assembly or development of any land within the City or its extraterritorial jurisdiction, all -a subdivision plats and, where public improvements are proposed, construction plans must first be approved in accordance with these -co lagen^thi Chapter. Exemptions to these situations are found in Section 3.08.020. B. The owner of a tract of land located within the City limits or the extraterritorial jurisdiction who divides the tract in two or more parts to lay out a subdivision of the tract or to lay out streets, parks, or other parts of the tract intended to be dedicated to publicuse er far shall have submit a plat of the subdivision pFeparedin accordance with this Chapter. C. A division of a tract under this Section includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract for sale or other executory contract to convey or by using any other method. D. No Site Development Plan, Stormwater Permit, Building Permit, Certificate of Occupancy, or utility services may be approved or issued for the construction or development of any parcel or tract of land unless such property is in conformity with the provisions of this Code. E. The division of any lot or any parcel of land by the use of metes and bounds description for the purpose of development is prohibited. 3.08.020 Exemptions from Required Plat The following situations shall not require review by the City under the subdivision provisions, but may require a Certification Regarding Compliance with Plat Requirements per Section 3.08.030. Williamson County may still require subdivision approval under its regulations for subdivisions located in the City's ETJ. F. Land constituting a single tract, lot, site, or parcel for which a legal deed of record describing the boundary of said tract lot, site, or parcel was filed of record in the deed records of Williamson County, Texas, on or before May 10,1977, provided that such parcel or tract of land has not thereafter been subdivided into two or more parcels or tracts of land.; G. A division of land into parts greater than five kaacres, where each part has at least 25 feet of frontage ona public street aeeess-and no public improvement, including right-of-way, easement or physical improvement of any kind intended for public use, is being proposeddedieated;. H. A division of land created by order of a court of competent jurisdiction, including the probate of an estate, provided, however, that prior to construction of improvements, a plat meeting the � e requirements efmay be required in accordance with this Chapter shall be appr^^"a '^a I. Construction of additions or alterations to an existing building where no public utility extension or public improvement, a_.:^a^^ st+e.a; i -' o :^^^^^ `' „ l g" is required to meet the standards of this Code for such building addition or alterations;, I Operation of existing cemeteries complying with all state and local laws and regulations, K. Acquisition of land by the City, County, or State for a gevefmnental piift9,9sep-nblic improvements as defined in this Code by dedication, condemnation, or easement. 3.08.030 Certification Regarding Compliance with Plat Requirements An application for Certifieationrcertificafion -^o- rding f a4meV-s; ompliance with the platting requirements of this Chapter may be regaeste I submitted as antlined in Seetion 3.10.929for an existing tract of land or proposed division of land within the City's jurisdiction, but shall be required for tracts of land created via the exemptions outlined in Sections 3.08.020.A — 3.08.020.B. In compliance with Local Government Code Subsection 212.0115, the Director, or their designee, shall provide written determination of the following: A Whether a plat is required under this Chester for the tract of land or the proposed division of land or whether an exemption to platting under Section 3 08.020 applies; and B If a plat is required whether a plat has been reviewed and approved by the a1212ficable approving body.. 3.08.040 Plat Types The following table summarizes types of plats required by this Code as well as their corresponding process. When a proposed division is subject to more than one description within a plat type, the more restrictive process is applicable. Table 3.08.030 Plat Summary Type DescriptionPlat Hearing Action I Required when the extension of public Infrastructure, 24 months from approval date unless Including public utilities and roadways, is required or No P&Z Final Plat recorded within that time. Preliminary proposed Phased Preliminary Plats expire 24 Preliminary Plat that includes existing platted property See Replat P&Z Plat months from date last Final Plat recorded. Amendment to approved Preliminary Plat No P&Z Maintains expiration date of original Preliminary Plat being amended Final Plat of approved Preliminary Plat No Director Plat with more than 4 lots, but with no required or No P&Z proposed p2blic infrastructure Combined Preliminary and Final Plat is available when plat that could qualify as Minor Plat requires land or utility No P&Z dedication Must be recorded within 24 months from Final Plat Final Plat that proposes qualified Minor Deviations from the approval date approved Preliminary Plat No Director Plat that proposes qualified Major Deviators from the No P&Z FAFinal approved Preliminary Plat m CL Final Plat processed concurrently with Plat No Paz Vdaiver division Variance C Plat involving 4 or fewer lots that does not require or No Director v propose public infrastructure or land or udiltv dedication Must be recorded within 24 months from 0 � Minor Plat Minor Plat processed concurrently with flat No P&Z approval date y 1Waive Subdivision Variance A resubdivision of all or part of an existing plat, involving Yes P&Z more than 4lots A resubdivision of all or part of an existing plat, involving 4 No Director lots or less Must be recorded within 24 months from Replat approval date A Replat involving property that is or has been subject to Yes P&Z single or two-family restrictions or zoning within last 5 years A Replat that is processed concurrently with a Plat No P&Z WaiveFSubdivision Variance Amended Plat meeting the standard qualifications of Amended Plat I) No Director Must be recorded within 24 months from Plat (i.e. corrections to previous plat, moving lot line, etc approval date �k>Ic>Ic �c 3.08.080 Recording Plats Recording plats are those subdivision plats that are to be a document of legal record and include Final Plats, Minor Plats, Replats, and Amending Plats. C. Minor Plats 2. Approval Criteria f. A Plat Waiver Subdivision Variance may be requested as a companion application to the consideration of a Minor Plat, according to the provisions detailed in Section 3.22 of this Code. Sueh W k;ersThe Subdivision Variance and the Minor Plat shall be required to be approved by P&Z. D. Replats 2. Approval Criteria f. A Plat WaiverSubdivision Variance may be requested as a companion application to the consideration of a Replat, according to the provisions detailed in Section 3.22 of this Code. Suet-WaiversThe Subdivision Variance and the Replat shall be required to be approved by P&Z. g. A Replat may not amend or remove any covenants or restrictions and is controlling over the preceding plat. 3. Responsibility for Final Action Pursuant to Texas LGC §212.0065, the Director of Planning and Development shall have administrative authority for approval of a Replat, without Public Hearing, unless the proposed Replat meets any of the following criteria. In such case, the Planning and Zoning Commission, after a Public Hearing on the matter, is responsible for final action on the Replat, except as otherwise noted. a. The Replat involves more than 4 lots; or b. Any lot proposed by the Replat does not front on an existing streets; or c. The Replat does not require or propose the creation of any new street (requires approval of _ Plat Jnr..iyer puE .,t t., Seetien 322); or d. The Replat requires or proposes the extension of municipal facilities (requires approval of Preliminary Plat pursuant to Section 3.08.070); or e. The area covered by the Replat is subject to the requirements of paragraph-4Section 3.08.080.E.4-belew, or f. The Replat is companion to a request for Nat �Subdivision Variance, per Section 3.22. 4. Additional Requirements for Certain Replats b. If the Replat application is accompanied by a Plat Waiver Subdivision Variance application, per Section 3.22, and is legally protested in accordance with this Section, approval of the Replat shall require the affirmative vote of at least three-fourths of the voting members of the Commission present at the meeting. For purposes of this Section, a protest is legal if it is made in writing and signed by the owners of at least 20% of the area of the lots or land (including streets and alleys) that was subject to the written notification required above and filed with the Commission prior to the close of the Public Hearing on the.Replat. 3.08.090 Extension and Remnstateme f Approved Subdivision Plats A. E*tens-en of Approved Subdivision Pla Prior to expiration of an approved Subdivision Plat, including Preliminary Plats and Recording Plats, an applicant may request a one-time extension of the Subdivision Plat approval for a period of 24-6 months if the Director determines such extension will have no negative impacts on the surrounding area and would not be contrary to the public interest. Approval of an extension for a Final Plat that is subject to the requirement for a Preliminary Plat may only be granted if the approval of the Preliminary Plat for such is also extended, if applicable. A request faf Sub Elivisien Plat PxtensiAFL shall fallew the prepedurpq spt forth fof su-sh in the I TDC Pevelopment Manual Tl.,.regulations .lpAef....inpd ta Si nl+r. sue4_ ......-.1:, able te the i.l+t per the be signifi..+„ily differ-ent free the.,;p that + ....w applicatien fer tl.,. rr _ !'...7. ...remit. applied wane r 191.... is ,.4ect «...y not be to the original a _ va1 of the would be stibst+..ti..11y the ..am The c mst..r...es of the stibject prepert.. r,.+A...+.... +..A adja .e t properties sha11 have .] thesafne; s to at eha a the reqtgfements ..1: able to the pr-apeFty. Such eireamstances 1.17 d, btit nat1. liffdted , 1.+ g^ 1.,.....,7 n the +,... ..f the stil beet OJ 66. The Director shall have the authority to determine if a Subdivision Plat Extension OF Reinstatement -meets the criteria for processing and approval. 3.08.100 Construction Plans B. Construction or Financing of Public Improvements 1. After approval of a Preliminary Plat,— or Preliminary Final Plat the subdivider shall notify the Development Engineer as to the construction procedure the subdivider proposes to follow. One of the following procedures shall be used: a. The subdivider may file construction plans, and, upon approval of the construction plans by the Development Engineer, proceed with construction of streets, alleys, sidewalks, and utilities that the subdivider is required to install. b. The subdivider may elect to file a "financial guarantee of performance' as provided in Section 13.08, in which case the guarantee of performance shall be filed,with the City. 2. Upon completion of construction the subdivider shall deliver to the City a eRgtwo-year maintenance bond for guarantee of workmanship and materials as provided in Section 13.095. D. Approval Criteria The purpose of the Development Engineer's review is to ensure conformance to City policies and standards. However, the Development Engineer's review is limited to facts as presented on submitted plans. The r,_..:.._.... Engineer shall review anyst,._.. ivat.. _elated issues and eamanefft to the Development Engineer. 1. The Development Engineer shall approve construction plans that are submitted and sufficiently show compliance with any City -approved or adopted design or construction criteria manuals or in the absence of City -approved or adopted design requirements, standard engineering practices. 2. The City reserves the right to require corrections to actual conditions in the field that are found to be contrary to or omitted from submitted plans. 3. The Development Engineer shall not approve construction plans that do not adequately represent construction of the approved infrastructure and public improvements included in the approved Preliminary Plat or Preliminary Final Plat. Section 3.09 Site Development Plan 3.09.10 Applicability D. Where Site Development Plan approval is required, no Building Permit approval shall be issued and no site construction shall be allowed until such property has received final Site Development Plan approval and is in conformity with the provision of this Code escevt through a Grading Permit 4 Grading Permit processed and reviewed with the Site Development Ptah may be considered by the Development Engineer for vegetation clearing and site grading Such a permit may be issued at the discretion of the Development Engineer for specific activities such as understory removal and rough grading and shall not include removal of protected trees utility work paving or foundation The Development Engineer may revoke the permit and issue a stop -work order if non-compliant. 3.09.030 Criteria for Approval A Site Development Plan shall be approved if it is in compliance with the following criteria: D. Site Development Plans may not be approved on any parcel of land not otherwise in conformance with Section 3.08 of this Chapter. BE. Compliance with any approved plat, Development Agreement or other agreement or ordinance governing the parcel of land to which the Site Development Plan is related. 13F. Compliance with any additional Site Development Plan approval criteria required for Overlay Districts or any Site Development Plan approval criteria adopted as part of a special area plan. FG. Prior to final approval of any plan within the City Limits, the applicant must certify to the Drainage Engineer that all City Drainage Manual requirements for a Stormwater Permit are met by the Site Development Plan. Approval of the Site Development Plan constitutes approval of the Stormwater Permit. 6H. The Site Development Plan shall conform to standard engineering practices and must be sealed by a Professional Engineer licensed in the State of Texas, except as otherwise provided for in this Section. HI. The materials, embedment, and testing of all private main utility lines 6 -inches and above in diameter shall meet the requirements of the City's Construction Specifications and Standards Manual and/or the approved City Building Codes. Section 3.10 Zoning Verification Letter 3.10.010 Applicability A Tetter of Regulatory ''empliaRE Zoning Verification Letter, as defined in 3.10.020 A aftEl may be obtained upon written request as outlined in the Development Manual. 3.10.020 Types _"__•-t-_-_ of Regulate Gempl""""Zonina Verification Letter Defined A Zoning Verification Letter is a letter that indicates to a property owner that a specified use, clearly identified in the application, is permitted within the Zoning District. A Zoning Verification Letter does not authorize the property owner to proceed with a development; does not specify requirements that must be met for future development; and does not include a determination that a tract of land may be developed. Section 3.15 Zonin-L Variance and Special Exception 3.15.010 Applicability A. Zonina Variance In accordance with the provisions of the Texas Local Government Code Chapter 211 and 231, _ the Zoning Board of Adjustment (Board) shall have the authority to hear'and grant requests for a Variance from the zoning provisions of this Unified Development Code. A Variance to the development standards of this Code shall be considered an exception to the regulations, rather than a right. �A c w Rda a.... ,.,.a fee plat ......,.eval a Rat :a,, - A Zoning Variance differs from a Subdivision Variance which applies to certain regulations pertaining to subdivision of lands and must be requested from the Planning & Zoning Commission during the subdivision review process. ref}aired bey this E .,,.:,,:o r. , 3.15.020 Zonino Variance and Special Exception Process A. Initiation Initiation of a request for a Z=oning Variance or Special Exception may be made upon application by the property owner of the affected property or their authorized agent. B. Application Application for a Zoning Variance or Special Exception must comply with the UDC Development Manual. Applications must include all materials determined necessary by the Director. C. Completeness Determination Upon submission on an application, the Director shall determine whether the application is complete, as described in Section 3.02.040. D. Staff Review 1. Once an application for a Zoning Variance or Special Exception request has been received and the application deemed complete, the Director shall review the application, considering any applicable criteria for approval, and prepare a report to the Zoning Board of Adjustment. E. Notice and Hearing 1. The Zoning Board of Adjustment shall hold a public hearing for consideration of the Zoning Variance or Special Exception request no later than 45 calendar days after the date of the application is filed. 2. Written notice of the public hearing for a Zoning Variance or Special Exception shall be provided as set forth in Sections 3.03 and 4.09.040 of this Code. 3. The applicant may appear at the hearing in person or by agent or attorney. 3.15.030 Criteria for 2onina Variance Review A. Required Findings The Zoning Board of Adjustment may authorize a Zoning Variance from the requirements of the zoning provisions of this -Unified Development Code if the variance from the terms of the zoning provisions is not contrary to the public interest and, due to special conditions, a literal enforcement of the requirements would result in unnecessary hardship, so the spirit of this Code is preserved, and substantial justice done. No Zoning Variance shall be granted unless the ZBA finds all of the following: 1. Extraordinary Conditions That there are extraordinary or special conditions affecting the land involved such that strict application of the provisions of this Unified Development Code will deprive the applicant of the reasonable use of their land. For example, a Zonin Variance might be justified because of topographic or other special conditions unique to the property and development involved, while it would not be justified due to inconvenience or financial disadvantage. 2. No Substantial Detriment That the granting of the Zorn¢ V ariance will not be detrimental to the public health, safety or welfare or injurious to other property in the area or to the City in administering this Code. 3. Other Property That the conditions that create the need for the Zonin Variance do not generally apply to other property in the vicinity. 4. Applicant's Actions That the conditions that create the need for the Zonin Variance are not the result of the applicant's own actions. S. Comprehensive Plan That the granting of the Zonin Variance would not substantially conflict with the Comprehensive Plan and the purposes of this Code. 6. Utilization That because of the conditions that create the need for the Zonin¢ Variance, the application of this Code to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. 7. Insufficient Findings The following types of possible findings do not constitute sufficient grounds for granting a Zonin& Variance: B. Limitations The Zoning Board of Adjustment may not grant a Zoning -Variance when the effect of which would be any of the following: C. Profitability Not to Be Considered The fact that property may be utilized more profitably should a Zonin& Variance be granted may not be considered grounds for a Zonin& Variance. D. Limitation on Variances for Signs No Variance for a sign may increase the overall permitted area of a sign. Sign -related Variances may only be granted, in accordance with this Section, for height or other location restrictions. No Variance application(s) shall be accepted for prohibited signs listed in Section 10.04 ("Signs Prohibited Under this Code"). T�e ;SYSilia, lief apF.gk iIaedpkaiii .le at.v b • ' r. ... - • a•. .. ` . v. v � . Ii J in C on ^ .. a kill g iL.. J..: CI r.,.,J .Ia Lr„� F. �O '�...girv.�t vau i r. .. 3.15.050 Expiration of Zonin Variance and Special Exception A. Zonin& Variance ZOning Variance approval shall expire 24 months from the date of ZBA approval unless a Building Permit has been issued and construction commenced or, if no Building Permit is required, a Certificate of Occupancy has been issued. Section 3.17 Stormwater Permit 3.17.010 Applicability A -To ensure conformance to the stormwater management provisions of this Code, a Stormwater Permit is required prior to any land disturbance, as defined in Section 16.02, except for a single or two-family structure on a legal lot-aAr1r one (1) acre of ,neater in the Wit- =-- the City I'^'"^ of the City's extraterritorial jurisdiction d other ..ppli,,. ble _, qui ,..,t.. e f this Unified DevelopmentApproval of a Site Development Plan or Subdivision Construction Plans nstitutes approval of a Stormwater Permit `er ��^^^^^`. The provisions of this Section related to Stormwater Permitting are adopted pursuant to the authority conferred by the U.S. Environmental Protection Agency, the Texas Commission on Environmental Quality, The Texas Local Government Code Chapters 211 and 212, and the City Charter. 3.17.020 Review Process Review of a Stormwater Permit shall follow the procedure set forth in Section 3.03.040. 3.17.030 Criteria for Approval L. The applicant must ensure that the application for a Stormwater Permit was prepared or reviewed, approved, and sealed by a Professional Engineer licensed in the State of Texas prior to submission to the City, and that the application meets the requirements of the UDC Development Manual. M. A Stormwater Permit will be issued after, the Drainage Development Engineer has determined that the development meets the stormwater and pollution management requirements of Chapter 11. N. A Stormwater Permit is conditional upon all applicable related permits required from the Texas Commission on Environmental Quality, the U.S. Environmental Protection Agency or any other state or federal agency being issued by that agency. O A Grading Pei mit,processed and reviewed as a Stormkvater Permit, may be considered by the Development Engineer for vegetation clearing and site grading Such a permit may be issued at the discretion of the Development Engineer for specific activities such as understory removal and rough grading and shall not include removal of protected trees, utilih, work, paving or foundation The Development Engineer may revoke the permit and issue a stop -work order if non-compliant. 3.17.040 Responsibility for Final Action The Drainage Development Engineer is responsible for final action on Stormwater Permits. 3.17.050 Expiration A Stormwater Permit shall expire 24 months after the date that the permit was issued if the stermsvatpF fqpilities are not constmEted in tent .•,"' imrorovements identified in the permit are not constructed. Section 3.19 Driveway Access Permit 3.19.010 Purpose The purpose of a driveway -Driveway Access perrrtit-Permit is to determine the safety, mobility, and operational impacts that a proposed access connection will have on the roadway system. 3.19.020 Applicability Driveway Access Permits are required for the following: A. New driveway locations on roadways within the jurisdictional limits of the City of Georgetown; B. Existing driveways on roadways within the jurisdictional limits of the City of Georgetown for those developments which represent a change in property usage or zoning. C. For the purposes of this Section the jurisdictional limits of the City of Georgetown shall include properties within the municipal limits of the City as well as the Extraterritorial Jurisdiction (ETn. D The alteration of a public street curb or drainage facility. if not associated with an approved Construction Plan or Building Permit Such request shall comply with Chapter 12 08 Street Excavations, of the Georgetown Municipal Code. 3.19.0340 Review Process Review of a Driveway Access Permit shall follow the Administrative Review procedures set forth in Section 3.03.040, subject to the Criteria for Approval set forth below. 3.19.0460 Criteria for Approval No Driveway Access Permit will be denied unless it is determined by the Development Engineer that the proposed location of the driveway will have an adverse effect upon the public safety. In making this determination the following will be evaluated: 3.19.0560 Submission Requirements The Development Engineer will determine during the Pre -application &f e-Meetiin¢ if further studies will be required. Such studies may include, but shall not be limited to, the following: 3.19.06-70 Responsibility for Final Action The Development Engineer is responsible for final action on driveway -Driveway Access peffPAtsPermits. 3.19.0750 Expiration A driveway -Driveway Access perrt"Permit will expire 18 months after issuance if the driveway is not constructed in a manner consistent with the permit. Section 3.21 License to Encroach 3.21.849 30 Review Process Review of a License to Encroach shall follow the Administrative Review procedures set forth in Section 3.03.040, subject to the Criteria for Approval set forth below. 3.21.858-040 Criteria for Approval No License to Encroach will be denied unless it is determined by the T"�^ter Development Engineer that the proposed location or type of improvement will negatively impact the function of the public street, roadway, sidewalk, right-of-way, or easement or have an adverse effect upon the health, safety, or welfare of the general public. In making this determination, the following will be evaluated: 3.21.860-050 Submission Requirements Staff will -may determine further studies will be required. Such studies may include, but are not limited to, an Engineering Study, which may be required at the determination of the Development Engineer. Only the elements of an engineering study that are necessary to answer specific questions that arise during the review process will be required for submittal. 3.21.02&060 Responsibility for Final Action The Difeeter-Development Engineer is responsible for final action on Licenses to Encroach into a public easement. For those requests that encroach into a public street, roadway, er-sidewalk, or ri¢ht- of-wav, the P r may not approve the `' a fe Enrr,..,^r. im-t final approval 4 -shall be obtained from the City Council. 3.21.080 070 Expiration B -.—The City shall provide written notice at least 180 days in advance to the Licensee, its representatives, successors, or assigns, to take possession of and use all or any part of the licensed area in the event that such use be reasonably desired or needed by the City for street, sewer, transportation, or any other public or municipal use or purpose. During such time, it is the responsibility of the Licensee, its representatives, successors or assigns to remove the encroachment(s). In such an event, the City shall have the right to cancel the revocable license as to that portion of the licensed area so designated and required by the City. Section 3.22 Plat Subdivision Variance 3.22.010 Applicability Awaiver-variance of YY -certain subdivision standards of this Code, as allewed by#kis Seetierxprovided for within this Code, may be considered concurrently with aPreliminaryP� Final Ply -Minor, e—'Fa' Plat, or Replat to address unforeseen circumstances or other difficulties in developing a property under the specific provisions of this Code. A Subdivision VarianceFla' W-ai application may be filed without a companion plat application in very limited circumstances if the UrantinQ of the varivice would eIiininate the requirement of the plat as determined by the Director. ilietedellr. F. —Secrronrocozv 3.22.830-020 Initiation Initiation of the Plat Wa �e=Subdivision Variance may be made upon submittal of a complete application by a property owner or their designated agent. 3.22.840930 Application and Completeness Determination The applicant shall submit all of the information required in the UDC Development Manual. The Director is responsible for determining the completeness of an application submitted, pursuant to Section 3.02.040. 3.22.850-040 Staff Review A. The Director shall review the application, considering applicable criteria for approval, and prepare a report to the Planning and Zoning Commission. B. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statute. C. The Director may assign staff to review the application and make a report to the Director. D. The Director's report may include a recommendation for final action. 3.22.G60-05�0 Planning and Zoning Final Action Folloxcine notice in accordance erith Section 3.03. the Commission shall hold a 12Liblic hearing in accordance with its rules and state law and consider the PUt` Subdivision Variance, Director's report, state law, and compliance with this Code, and take final action. Approval of a Subdivision Variance shall require a suer-maionty vote of the members present. Any approved Subdivision Variance shall be noted on all corresponding plats, if applicable. 3.22.8+70-030 Approval Criteria A Plat Waiver ubdivision Variance may be approved, conditionally approved, or disapproved. At leastthree fou r of the following factors are required for approval: A. That the granting of the waiver -variance will not be detrimental to the public health, safety or welfare or injurious to other property in the area or to the City in administering this Code. B. That the granting of the waiver --variance would not substantially conflict with the Comprehensive Plan and the purposes of this Code. C. That the conditions that create the need for the variance do not generally apply to other property in the vicinity. D. That application of a provision of this Code will render subdivision of the land impossible. E Where the literal enforcement of these regulations would result in an unnecessary hardship. 3.22.080 Expiration of Plat WaiveFSubdivision Variance The Subdivision Variangg—plat Waiver(s) shall expire if the Platcorresponding plat expires, according to the timing specified in Section 3.08 of this Code. The Chapter 6 Residential �„� �s Development Standards Section 6.01 General 6.01.020 Purpose and Intent ; ? _This Chapter establishes -- ;n development standards for' =-.-residential properties within the city limits and ET of the City of Georgetown - -- ----- .•.,- �•.i -- ----- 6.01.030 Applicability A. Within the Extraterritorial Jurisdiction (ETJ) All residential development within the City's ETT is subject to the `.-!? - '_. ..F'.?3' :provisions of - —Section 6.02.010. B. Within the City Limits 1. All residential development within — 4+ m1 -a Residential Zoning District shall be subject to' the provisions of this Chapter. 2 All residential development within a Non-residential Zoning District shall be subject to the provisions of Sections 6.05 and 6.06 in addition to the development standards of the zoning district in which it is located. 3 All non-residential development within a Residential Zoning District or the Agriculture District shall be subject to the Building_ Design Standards set forth in Section 7.04 and the Lighting Standards set forth in Section 7.05 in addition to the development standards of the zoning district in which it is located. Section 6.02 44DevelODment Standards 6.02.010 General " . C eVA;i4; op h deyeL. 1 ..t S14411„tpFav als S6II be J . for f1....nJ,.. . t6..t do ,.t p , A. All new development shall be located on a leg�lot or tract meetingthe he requirements of Section 3.08 of this code. B. All new lots or tracts shall have a minimum lot width and street frontage alone a public street as follows,! --= .. . 1. --_ -- ::Within the cityimits the minimum lot width and street frontage shall be in accordance with the zoning district in which it is located. 2, ' '.:: '...Within the ETT the minimum lot width and street frontage shall be 25 feet. 3 A Subdivision Variance varying or waiving these requirements may be requested pursuant to Section 3.22 of this Code. ., _ r C. development within the city limits and areas of the ETJ where the City provides fire protection services shall comply with the applicable standards contained in the International Fire Code, as adopted in the City of Georgetown Code of Ordinances, Chapter 8.04. When such standards conflict with any lot, dimensional, and design standards of this Code, the International Fire Code standards shall apply. rcne p i11,: -._ I; J OR i 10t OF ' _el . ,-1 - L - n S. = €? it l &,+HS;Hre5 :� a sila'-pd lot line qlqall 1-e. G. c....,__ur s u -re g a et Lines :� a sila'-pd lot line qlqall 1-e. _. _ asa single. , eeverage � .1 a 1. ll h d 'F'' t.. ..,J: ',J. ..1 Iet� .le lqt. No .t:. n of the t. ajq1' rr a weFe � , lots b d if _1. .14 the milpin d L.ts to he-offie nancompliant tRay FepI eplatK. cause The pfeNisions of this Seetien apply 9_1" ,. -. �_.__rtJ�• e. �_ --_—._ _t=r'ct?c5�+v'c-r. ._—+ric"^I'.—_— .-_-.��:_ a 4e) till- MOFV FeStf-- 6. 02.020 AG — Agriculture District A. Lot and Dimensional Standards AG - Agriculture Lot Size, minimum 2 acres Lot Width, minimum feet 100 Corner Lot Width, minimum feet 100 Front Setback, minimum feet 25 Side Setback, minimum feet 10 Rear Setback, minimum feet 20 Side/Rear Street Setback, minimum feet 20 Street Facinq Garage Setback, minimum feet 25C - Unloaded Street Setback, minimum feet 20 Building Height, maximum feet 35 Impervious Cover, maximum % See Section 11.02 D. Other Requirements of This Chapter 1. Dimensional Interpretations and Exceptions, Section 6.w504. 2. Accessory Structures. Garages and CarportsC4, TM -' Section 6.0405. 6. 02.030 RE - Residential Estate District A. Lot and Dimensional Standards RE - Residential Estate Lot Size, minimum 1 acre Lot Width, minimum feet 100 Corner Lot Width, minimum feet 100 Front Setback, minimum feet 25 Side Setback, minimum feet 10 Rear Setback, minimum feet 20 Side/Rear Street Setback, minimum feet 20 Street Facing Garage Setback, minimum feet 28-L Unloaded Street Setback minimum feet 20 Building Height, maximum feet 35 Impervious Cover, maximum % See Section 11.02 D. Other Requirements of This Chapter 1. Dimensional Interpretations and Exceptions, Section 6.-.-44. 2. Accessory Structures. Garages and Carport` " '-''_., Section 6.4-,05. 6.02.040 RL - Residential Low Density District EME3E3 A. Lot and Dimensional Standards RL - Residential Low Density. Lot Size, minimum square feet 10,000 Lot Width, minimum feet 70 Corner Lot Width, minimum feet 70 Front Setback, minimum feet 20 Side Setback, minimum feet 10 Rear Setback, minimum feet 10 Side/Rear Street Setback minimum feet 15 Street Facing Garage Setback, minimum feet 253 Unloaded Street Setback, minimum feet 20 Building Height, maximum feet 35 Impervious Cover, maximum % See Section 11.02 D. Other Requirements of This Chapter 1. Dimensional Interpretations and Exceptions, Section 6.04. 2. Accessory Structures, Garages and Carports_ -`-=, Section 6.0(05. 6.02.050 RS - Residential Single-family District A. Lot and Dimensional Standards RS - Residential Single-family Lot Size, minimum square feet 5,500 Lot Width, minimum feet 45 Corner Lot Width, minimum feet 55 Front Setback, minimum feet 20 Side Setback, minimum feet 6 Rear Setback, minimum feet 10 Side/Rear Street Setback, minimum feet 15 Street Facing Garaqe Setback minimum feet 25'= Unloaded Street Setback, minimum feet 20 Building Height, maximum feet 35 Impervious Cover, maximum % See Section 11.02 E. Other Requirements of This Chapter 1. Dimensional Interpretations and Exceptions, Section 6.8:04. 2. Accessory Structures, Garages and Carports`_ Section 6.1605. 6. 02.060 TF -Two-family District A. Lot and Dimensional Standards TF - Two Family Lot Size, minimum square feet 7,000 Dwellings per Structure, maximum 2 Lot Width, minimum feet 70 (C.1) Corner Lot Width, minimum feet -80 Front Setback, minimum feet 20 Side Setback, minimum feet 6 Rear Setback, minimum feet 10 Side/Rear Street Setback, minimum feet 15 Street Facing Garage Setback minimum feet 256, Unloaded Street Setback, minimum feet 20 Building Height, maximum feet 35 Impervious Cover, maximum % See Section 11.02 E. Other Requirements of This Chapter 1. Dimensional Interpretations and Exceptions, Section 6.0Z04. 2. Accessor+Structures, Garages and Carports` --z'=" ,Section 6.P405. 6. 02.070 TH — Townhouse District A. Lot and Dimensional Standards TH - Townhouse Townhouse Lot Size, minimum square feet 2,000 Dwelling Units per Row, maximum 6 Townhouse Lot Width, minimum feet 22 Corner Lot Width, minimum feet 32 Front Setback, minimum feet 15 Non -shared Wall Side Setback, minimum feet 10 Shared Wall Side Setback, minimum feet 0 Rear Setback, minimum feet 15 Side/Rear Street Setback, minimum feet 15 Street Facing Garage Setback, minimum feet 25 Unloaded Street Setback, minimum feet 20 Building Height, maximum feet 35 Impervious Cover, maximum % See Section 11.02 E. Other Requirements of This Chapter 1. Dimensional Interpretations and Exceptions, Section 6.:=04. 2. - Vie, ';.�taAccessory Structures, Garages and Carports, Section 6..' a05. 3. Common„ -Amen Area, Section 6.06.:.`_'!. 6. 02.080 MF -1 - Low Density Multi -family District A. Lot and Dimensional Standards MF -1- Low Density Multi -family Lot Size, minimum square feet 12,000 Dwelling Units per acre, maximum 14 Apartment Units per structure, maximum 12 Lot Width, minimum feet 50 Front Setback, minimum feet 20 Side Setback, minimum feet 10 Side Setback to Residential District, minimum feet 20 Rear Setback, minimum feet 10 Rear Setback to Residential District, minimum feet 20 Side/Rear Street Setback, minimum feet 15 Unloaded Street Setback 20 Building Height, maximum feet 35 Impervious Cover, maximum % See Section 11.02 E. Other Requirements of this Code 1. Dimensional Interpretations and Exceptions, Section 6.(:104 2. Accessory Structures, Garages andt rr i-� `.: _ _ - Carports, Section 6.045 3. Common ° —Ameni Area, Section 6.06:424 4. Chapter 8, Tree Preservation, Landscaping, and Fencing S. Chapter 9, Off -Street Parking and Loading 6. 02.090 MF -2 - High Density Multi -family District A. Lot and Dimensional Standards MF -2 - High Density Multi -family Lot Size, minimum 2 acres Dwelling Units per acre, maximum 24 Apartment Units per structure, maximum 24 Lot Width, minimum feet 50 Front Setback, minimum feet 25 Side Setback, minimum feet 15 Side Setback to Residential District, minimum feet 30 Rear Setback, minimum feet 15 Rear Setback to Residential District, minimum feet 30 Side/Rear Street Setback, minimum feet 20 Unloaded Street Setback 20 Building Height, maximum feet 45 Impervious Cover, maximum % See Section 11.02 E. Other Requirements of this Code 1. Dimensional Interpretations and Exceptions, Section 6.L!104 2. Accessory Structures, Garages and `<: a Carports, Section 6.0 05 3. Common Amenity Area, Section 6.06- -2N 4. Chapter 8, Tree Preservation, Landscaping, and Fencing S. Chapter 9, Off -Street Parking and Loading 02.0100 MH - Manufactured Housing District Section f. 03 Mixed Use Section 6. 04 Dimensional Interpretations and Exceptions 6. 04.010 r_....,•,;. -Lot Exceptions B. Minimum Lot Width The minimum lot width for lots fronting a cul-de-sac may be reduced to a minimum of 30 feet at the front property line provided that the minimum required lot width is provided at the front setback line. 2. The minimum lot width maybe reduced to 40 feet with approved rear access for any district. 3 The following types of lots as defined in Section 16.02, are exempt from the minimum lot width requirements in all Residential Zoning Districts: a. Open Space Lots: b. Landscape Lots; c. Drainage Lots; d. Median Lots; and e. Access Lots. 6.4=04.020 Setbacks A. General 1. No building, structure, or other development feature shall be located within a required setback or yard unless otherwise specified in this Section. 2. No part of a setback or other open space required in connection with any building, lot or use for the purpose of complying with this Code shall be included for any other building, lot, or use as part of a setback or open space. When determining the setbacks for corner lots, the front line shall be adjacent to the shortest street dimension of the lot. In instances where the lot is relatively square or otherwise unusually shaped, a request may be made to the Director for a determination of the front lot line. 4 When determining the setback for lots with more than one street frontage, other than corner lots the Planning Director shall determine the front lot line on the basis of street classification lot dimensions building orientation, access, traffic flow, proximity of building to the street, and other best planning practices. B. Setback Reductions and Exceptions 1. Alleys a When residential driveway access is taken from an alley, the garage setback to the alley may reduced to 10 feet. b. On lots +:tet.'•: -where driveway access is only permitted via an alley: ed the minimum front setback may be reduced to 15 feet. C. On lots with an approved private rear access easement, rear setbacks shall be measured from the nearest boundary of the easement. i I "I FL . '.::;, 6 .z4,6 2. Where the lot setbacks reduce the buildable width or depth of an existing - - ---lot to less than 40 feet, the Director is authorized to reduce the required ----!-setback `to provide a minimum buildable widthor depth of= 40 feet "' 4 i ' 3. When an existing setback is reduced because of a conveyance to a federal, state or local government for a public purpose and the remaining setback is at least 50% of the required minimum setback for the District in which it is located, then that remaining setback will be deemed to satisfy the minimum setback requirements of this Code. 44. Properties in the Old Town Overlay District may request a Certificate of Appropriateness for setback exception in accordance with Section 3.13 of this Code. S. Adjacent lots with a building or other permanent structure built across the shared lot line on or before March 11 2003 shall be treated as a single lot, with the shared lot line not considered for measurement of all dimensional standards. C. Features Allowed Within Required Setbacks The following features a- -.. ,� may be located within a required setback: 11 Stormwater ponds pursuant to the setback limitations and design criteria in Section 11.04 of this Code. 1-e3 C..t 1 �?.i,.. q ..1..1 .eea.1 x,11- r Re 'r'i 12. None of the features above (except plant material and public sidewalks) shall extend into a public easement without approval of a License to Encroach. 6. ; 04.030 Building Height Section 6.=�05 Accessory Structures, Garages and r Carports 6. 05.010 Accessory Structures, Garages and Carports A. Accessory structures and buildings shall meet the dimensional standards of the base zoning district except as specified in this Section. However, properties in the Old Town Overlay District may request a Certificate of Appropriateness for setback exception in accordance with Section 3.13 of this Code. B. The accessory structure shall only be located on a lot with a principal structure, unless two adjacent lots have common ownership, in which case the structures may be located on different lots. In such instance, the accessory structure shall be located in the rear yard as determined by the lot with the principal structure on it. C. The square footage of an accessory structure shall not exceed 25% of the square footage of the principal structure. However, the maximum accessory structure square footage may exceed 25% of the principal structure to allow for the construction of a detached two -car garage, not to exceed 600 square feet. For the purposes of this calculation, the square footage of an attached garage shall not be considered part of the principal structure. D. Accessory structures measuring 8 feet or less in height are allowed in the setbacks in the rear yard up to 3 feet from the property line, but may not extend into any P.U.E. FE. No more than 30% of the rear yard may be covered with accessory buildings or structures. However, the maximum coverage may be extended to 50% of the rear yard to allow for the construction of a detached two -car garage, not to exceed 600 square feet All impervious cover requirements in Section 11.02 shall be met. wF.Accessory dwelling units located in accessory structures in the AG, RE, RL, and RS Districts are allowed subject to the limitations provided for in Section 5.02.020.13 or within a Housing Diversity Development without limitations (as detailed in Section 6.07.020). Section 6.06 Common Amenity Area 6.06. 010 ,"Applicability The provisions of this Section apply to: =A.Townhouses; =B. Attached or detached multifamily development; GC.Manufactured housing parks; and 4D.Any development type where more than two (2) dwelling units are located on the same parcel. 6.06.020 4—Common:�eF�.-ea�iaiir-Afflgn:JMLArea Requirements 4A.Common amenity area shall be provided by the developer. This amenity area is in addition to any required parkland dedication or private open space requirement. =B.The amenity area shall be privately constructed, maintained, and operated by the developer, residents of the subdivision through an incorporated homeowners association or property owners association, or the owner of the manufactured home lease community, and the person or entity responsible for ownership and maintenance. Operational responsibilities shall be noted on the plat and/or on a separate instrument recorded in the Official Records of Williamson County. 3C. Common amenity area(s), accessible to all residents, shall be provided at the following rate: Number of Dwelling Units Minimum Number of Amenities 0-12 0 13-49 1 50-99 2 100-149 3 150-199 4 200 or more 5 4D.The required amenity area(s) shall be selected from those listed below. Director approval shall be required for any amenity types not listed. When more than one amenity is required, they shall differ from one another. , ai. Playground equipment - manufacturer must certify that it meets all commercial recreational safety standards 132. Picnic areas – minimum of two (2) tables and two (2) cooking grills per 100 dwelling units e3. Trails (walkways or bike trails) - at least the distance of the perimeter of the property e44. Landscaped sitting areas — minimum of one (1) bench per building either in an organized grouping or dispersed throughout development e5. Fenced dog park - minimum size of 2,500 square feet with 25-foot minimum depth f6. Private fitness facility 7. Business center #8. Sport courts i9. Clubhouse — to include kitchen and social room for resident use q10. Swimming Pool 1 11. Laundry facility 112. After school center for children 13.Community garden — minimum 200 square feet �E. The common amenity area shall be designed to adequately serve the number of dwellings within the development, according to accepted City standards set by the Parks and Recreation Department. All equipment and other improvements must be of commercial quality and approved by the Director of Parks and Recreation. Section 6.07 Special Development Types 6.07.020 Housing Diversity Development Table 6.O7.O2O.C: Housing Diversity Dimensional Standards Standard Single Family, Detached Single Family, Attached Two-family Townhouse Lot Size, minimum 7,500 4,500 7,000 6,000 1,750 Dwelling Size, minimum - - 3,500 3,000 Dwellings per structure, max. - - 3 2 7 Lot Width, minimum feet 60 352 352 60 20 Corner Lot Width, minimum feet 65 40 1 40 65 25 Front Setback, minimum feet 15 15 15 15 53 Side Setback, minimum feet 10 6 6 6 10 Rear Setback, minimum feet 10 10 10 10 15 Side/Rear Street Setback 15 15 15 15 15 minimum feet Garage Setback 20 20 20 20 20 Unloaded Street Setback 20 20 20 20 20 Building Height, max. feet 35 40 40 40 45 Impervious Coverage, max % See Section 11.02 "Impervious Cover" `- --- Landscaping and Bufferyards See Chapter 8 "Tree Preservation, Landscaping and Fencing" 1. All Standards in Table 6.07.020.0 shall meet any specific requirements of the allowed housing type, as detailed elsewhere in this Chapter. When a conflict occurs between such requirements and the standards of this Table, the Table shall apply. 2. Lots less than 40 feet in width must be alley loaded lots, with the exception of townhouse lots. 3. See Section 6.=',02.070.C.1.a for clarification. EXEM 6.07.030 Workforce Housing Development Table 6.07.030 Workforce Housing Dimensional Standards Standard I RS I TF I TH I MF -1 MF -2 Lot Size, Minimum 4,500 6,000 1,750 12,000 2 acres Dwelling Units per acre, max -- — -- 14 24 Dwelling Size, Minimum — 3,000 1750 — Dwellings per structure, Max — 2 8 20 50 Lot Width, minimum feet 352 60 20 50 50 Corner Lot Width, minimum feet 40 65 25 - - Front Setback, minimum feet 10 10 10 15 15 Side Setback, minimum feet 5.5 5.5 7.5 10 10 Side Setback to Residential District, minimum feet — _ -_ 20 30 Rear Setback, minimum feet 7.5 7.5 10 10 15 Rear Setback to Residential District, minimum feet — -- — 20 30 Side/Rear Street Setbackminimum feet 10 10 10 15 15 Garage Setback 20 20 20 -- Unloaded Street Setback 15 15 15 20 20 Building Height, max feet 40 40 45 35 45 Impervious Coverage, max % See Section 11.02 "Impervious Cover' 1. All Standards in Table 6.07.030 shall meet any specific requirements of the allowed housing type, as detailed elsewhere in this Chapter. When a conflict occurs between such requirements and the standards of this Table, the Table shall apply. 2. Lots less than 40 feet in width must be alley loaded lots, with the exception of townhouse lots. 9'1'it "N Chapter 7 Non -Residential - , --_ >' = Develoament Standards Section 7.01 General 7.01.020 Purpose and Intent I, Nail :E1 ..;'--- -Tr— ... __-This Chapter establishes development standards for non-residential properties within the city limits and ETT of the City of Georgetown -a-=- ---- _ -- -- 7.01.030 Applicability A. Within the Extraterritorial Jurisdiction (ETJ) All non-residential development within the City's ETJ is subject to the _. provisions of Section 7.02.010. B. Within the City Limits 1. All non-residential development within 'v '.Ta Non -Residential Zonin¢ District shall be subject to the provisions of this Chapter. 2 All non-residential development within a Residential Zoning District shall be subject to the Building Design Standards set forth in Section 7.04 and the Lighting Standards set forth in Section 7.05 in addition to the development standards of the zoning district in which it is located. 3 All residential development within a Non-residential Zoning District shall be subject to the provisions of Sections 6.05 and 6.06 in addition to the development standards of the zoning district in which it is located. Section 7.02 7 pgyglopment Standards 7.02.010 General NO 0 ,t the 6.71... iiiini.. m ,...., . Fe Rlo..ts- A. All new development shall be located on a 4— blot or tract meeting the requirements of Section 3.08 of this Code. B. All new lots or tracts shall have a minimum lot width or street frontage alone a public street as follows, „':.rem 1.'.:; — - Within the city limits the minimum lot width or street frontage shall be in accordance with the zoning district in which it is located. 2. 1, r 1,q! r , a r Within the ETT the minimum Tot width or street frontage shall be 25 feet. 3 Private streets may be utilized to meet the minimum requirements when providing frontage to a non-residential Multi -lot Unified Development meeting the requirements of Section 7.02.030.E. 4 A Subdivision Variance varying or waiving these requirements may be requested pursuant to Section 3.22 of this Code. r Icy -,.T. EI r sdtall lie E__..{ gess ret lin FFTe i r q� d `•ne...v Ca �y...1ji:Te DC. All development within the city limits and areas of the ETJ where the City provides fire protection services shall comply with the applicable standards contained in the International Fire Code, as adopted in the City of Georgetown Code of Ordinances, Chapter 8.04. When such standards conflict with any lot, dimensional, and design standards of this Code, the International Fire Code standards shall apply. A. r1..:..ei p. e-&i:u_tur- s Per 6e 1 ..� _}t, ,t..11 Ii,.ilEait:, an,4 .:t., .t,. of .I.:.. C=ode. ine The 1 .]' L. 7' - tI—roan-Iri-R E)- T 1 an a - I d4 ethei-„ ,4 -4•. .-i-� .� I Hik EI ..I..., _ ',J !at 1i,,, 11„11 n r 1, tFeated as a single I I the sha ed 1(4 li R.Rt n : " ,.i 49 .4 Of All . aT.. aI 1.. ., 1et.\ NT_ eF aR3 -i.,-'rl-b . c .:: rri.2c's-mom .. _. •ten r_ '. _.. 7.41 02.020 Non -Residential Lot and Dimensional Standards 7.�'02.030 Dimensional Interpretations and Exceptions A. Minimum Lot Size and Width Exceptions No building permit or development approval shall be issued for a lot that does not meet the minimum lot size or width requirements of this Code except in the following cases: 1. Nonconforming lots shall be used in accordance with the provisions set forth in Chapter 14. -ha p te! m.—mz--_._ 7.41 02.020 Non -Residential Lot and Dimensional Standards 7.�'02.030 Dimensional Interpretations and Exceptions A. Minimum Lot Size and Width Exceptions No building permit or development approval shall be issued for a lot that does not meet the minimum lot size or width requirements of this Code except in the following cases: 1. Nonconforming lots shall be used in accordance with the provisions set forth in Chapter 14. 2. Utilities using land or an unmanned building covering less than 1,000 square feet of site area shall be exempt from minimum lot size standards. 3. The following types of lots, as defined in Section 16.02, are exempt from the minimum lot size and width standards of this Chapter: a. Open Space Lots; b. Landscape Lots; c. Drainage Lots; d. Median Lots; and e. Access Lots. C. Setback Reductions and Exceptions 4. Features Allowed Within Required Setbacks ix Stormwater ponds pursuant to the setback limitations and design criteria in Section 11.04 of this Code. b. None of the features above (except plant material and public sidewalks) shall extend into a public easement without approval of a License to Encroach. 5. Adjacent lots with a building or other permanent structure built across the shared lot line on or before March 11 2003 shall be treated as a single lot, with the shared lot line not considered for measurement of all dimensional standards. Section 7. --03 Building Design Standards Section 7.04 Lighting Standards Off -Street Parking and Loading Section 9.01 General 9.01.030 Applicability Off-street parking and loading standards required by this Chapter apply within Georgetown's city limits in the following circumstances, in addition to any additional standards or requirements provided for this Code: Section 9.02 Parking Requirements 9.02.020 Parking Exceeding Minimum Requirements All off-street parkingspaces shall be constructed of a Paved Surface, as defined in this Code, whether meeting or exceeding the minimum requirements. Pursuant to Section 8.04.040.B.2, each parking stall in excess of the required shall be calculated as 1.5 stalls for purposes of the required shade trees. 9. 02,050 Alternative Parking Plans (moved to new Section 9.06) Section 9.03 Parking Space and Parking Lot Design 9.03.010 Location; a= t'.__ r- .___:`. of Required Parking Except as expressly stated in this Section or in an approved Alternative Parking Plan, all required off-street parking spaces must be located on the same lot as the principal use. In, - -- Housing Diversity Developments, where two spaces or more are required per unit; one space shall be located on the same lot; and the remaining spaces within 200 feet of the lot. 9.03.020 Parking Space and Parking Lot Design A. Parking Space Dimensions 1. _ .... ,. i. Parking spaces shall have minimum dimensions of 9 feet in width by 18 feet in length, unless otherwise indicated within this Section. When located adient to a public sidewalk, off-street or on -street head -in or angled parking shall require curb stops so as not to impede the pedestrian walkway.P ..1, ng space i .ngt1i .na,. be r..,7,,ee 6 feet pve,.4ded a,,..,. is , , foot (Graphic Deleted) 2. Subject to approval by the Director, parking areas with 20 or more parking spaces, may allocate up to 10 % of the minimum number of required parking spaces to reduced size vehicles, including compact cars and motorcycles, if designed to the following standards: a. A compact car space shall not be less than 8 feet in width and 16 feet in length; b. A motorcycle space shall not be less than 4.5 feet in width and 8 feet in length; c. Reduced size spaces shall be laid out in a group and appropriately identified as intended for exclusive use by the specified vehicle; d Tandem parking spaces may be utilized only for multi -family, not to exceed 10% of the required total off-street parking spaces and only within an enclosed garage structure. Tandem spaces shall not count towards the required off-street parking spaces for single- and two-family dwellings. In the Downtown Overlay, tandem spaces for any use may considered with an Alternative Parking Plan, per Section 9.02.060. d. Other parking space designs may be considered and shall be submitted to the Director for review. 3. Parallel parking spaces shall not be less than 8.5 feet in width and 22 feet in length. 4. Parking spaces designated as Handicapped shall comply with the design and location requirements of the American National Standards Institute (A117.1) and the Texas Department of Licensing and Regulation. S. Parking spaces internal to the site may be reduced to 16 feet in length with a two - foot overhang onto rass or other flat surface. This reduction shall not apply to a bufferyard, screening area or sidewalk. W u rur B. Aisle Widths The minimum two-way drive aisle width shall be 24 feet when there is not parking on either side of the drive aisle. One-way and two-way drive aisle widths adjoining off- street parking spaces must comply with the following standards: Table 9.03.020B Minimum Aisle Width for Specified Parking Parking Angle Stall Width (ft) Aisle Width One Way Two Way Parallel 8_5 13 26 45° or less 9 13 26 30 45° or less 10 12 24 600 9 16 -26 600 10 15 -24 750 9 23 -26 75° 10 22 -24 90° 9 - 26 900 10 - 24 C. Markings 1. Each required off-street parking space and off-street parking area shall be identified by surface markings at least 4 inches in width. Markings shall be visible at all times. Such markings shall be arranged to provide for orderly and safe loading, unloading, parking, and storage of vehicles. 2. One-way and two-way accesses into required parking facilities shall be identified by directional arrows on the pavement. D. Surfacing and Maintenance L. -All =parking, driveways, drive aisles, and: �— �driveway auoroaches shall be constructed and maintained with=- a Paved Surface, as defined in this Code., as a -�, '' - -= .. Exceptions to the Paved Surface material requirements may be considered administratively v the Urban Forester and Development Engineer in order to protect critical root zone for Heritage Trees. 2_All designated fire lanes shall be paved according to the typical street cross sections for local street design in the City of Georgetown Construction Specifications and Details, and kept in a dust -free condition at all times. 3. In a Residential Estate subdivision or rural lot, residential driveways may be constructed of a non -Paved Surface material if outside of the right-of-way and not in an area designated for required off-street parking. E. Access Required off-street parking spaces shall not have direct access to aup blit street with . -access provided by on-site driveways. Off-street parking spaces shall be accessible without backing into or otherwise reentering a public right-of-way. In unique circumstances on local streets, the Director may consider, through an Alternative Parkin Pg lan, parking spaces with direct access from the street if there is determined to be little or no negative impact on surrounding properties or the function of the public street. Section 9.04 Vehicle Stacking Areas 9.04.010 Minimum Number of Spaces Off-street stacking spaces shall be provided as indicated in the following Table. Off-street stacking spaces shall be in addition to any required parking and loading spaces. Table 9.04.010 Minimum Off -Street Stacking Spaces Activity Type Minimum Spaces Measured From Bank teller lane 4 Teller or Window Automated teller machine 3 Teller Restaurant drive through 6 Order Box Restaurant drive through 4 Order Box to Pick -Up Window Car lubrication stall 2 Entrance to stall Car wash stall, automatic 4 Entrance to wash bay Car wash stall, self-service 3 Entrance to wash bay Day Care drop off 3 Facility passenger loading area Gasoline pump island 2 Pump Island Parking lot, controlled entrance 4 Key Code Box Apartment gated entrance 4 Key Code Box School (Public and Private) Determined by Director Other Determined by Director 9.04.020 Design and Layout Required stacking spaces are subject to the following design and layout standards. A. Size Stacking spaces must be a minimum of 10 feet by 20 feet in size. B. Location Stacking spaces may not impede on- or off-site traffic movements or movements into or out of off-street parking spaces. C. Design Stacking spaces must be separated from other internal driveways by raised medians if deemed necessary by the Director for traffic movement and safety. Turnaround space shall be provided between the Key Code Box and gate for any gate -restricted entrance to safely allow a vehicle to exit the entrance queue. Section 9.06 Alternative Parking Plans (movedfromSection 9.0Zo50) r o r 9.06.010 Alternative Plans An Alternative Parking Plan, processed through an Administrative Exception in accordance with Section 3.16 of this Code, may be considered by the Director for alternatives to the parking, stacking, or loading standards of this Chapter. An alternative plan also may be approved by the Director for specific developments or uses that are deemed to require a different amount of parking than the standards shown in the Off -Street Parking Requirements Table. The Director shall establish conditions necessary to assure the adequacy of future on- site parking when approving an alternate standard. Potential alternative parking plan approaches and specific regulations are described below. Seg. w- "• • ,.r •' Fls13�ri3+isEr+k2F€*eer#rR fezE-'.___ Wtin- 9.06.020 Alternative Parking Plans in a Historic Overlay District E. Off -Site Parking. Historic Preservation Officer, or designee, may approve the location of required off-street parking spaces on a separate lot from the lot on which the principal use is located if the off-site parking complies with all of the following standards. 1. r. li b ibleActivities. Off site Parking not be llsp,i �t'..f. p 01.e - ^..J_ r. ..".461 uses .,ept fRi, g .. E9FTMfliiJl:hr. -_-, ..I, eL f„ ;t6 EJ'.. ^4.'1 •< ...m lam-',: '_ci-r .d off site. 21. Location. No off-site parking space may be located more than 900 feet from the primary entrance of the use served (measured along the shortest legal pedestrian route) unless remote parking shuttle service is provided, Off-site parking spaces may not be separated from the use served by a street right-of-way with a width of more than 80 feet, unless a grade -separated pedestrian walkway is provided or other traffic control or remote parking shuttle service is provided. 32. Zoning Classification. Off-site parking areas require the same or a more intensive zoning classification than required for the use served. Q. Agreement for Off -Site Parking. In the event that an off-site parking area is not under the same ownership as the principal use served, a written agreement between the record owners will be required. The agreement must be for a specified time, and guarantee the use of the off-site parking area for a minimum of five years. An attested copy of the agreement between the owners of record must be submitted to the Historic Preservation Officer, or designee, for recording in form established by the City Attorney. Recording of the agreement must take place before issuance of a Building Permit or Certificate of Occupancy for any use to be served by the off-site parking area. An off-site parking agreement may be terminated only if all required off-street parking spaces will be provided. No use shall be continued if the parking is removed unless substitute parking facilities are provided, and the Historic Preservation Officer, or designee, shall be notified at least 60 days prior to the termination of a lease for off- site parking_ Chapter it Environmental Protection Section 11.02 Impervious Cover These impervious cover limitations are adopted to minimize negative flooding effects from stormwater runoff and to control, minimize, and abate water pollution resulting from urban runoff of rainwater or other non -point specific sources, pursuant to §26.177 of the Texas Water Code. 11.02.010 Impervious Cover Limitation D. Impervious Cover Credits 5. Credit for Public Trails and Sidewalks Public trails and sidewalks do not count against the maximum impervious cover percentage but shall be accounted for in stormwater calculations. Section 11.04 Stormwater Management System Requirements 11.04.030 General Design Requirements F. Design of all drainage facilities, including detention and water qualityponds, streets, inlets, storm sewers, outfall, drainage berms, culverts, an A -ditches, and other associated improvements shall conform to the City's Drainage Criteria Manual, the City's Construction Specifications and Standards Manual, and the following general design standards. 1. —: a ":`:i Setbacks a. Detention and water ouality ponds shall be setback a minimum of 10 feet from any public street right-of-way for a planting buffer area, the requirements of which are provided in subsection (2). Detention and water quality ponds within a street setback shall be designed to the greatest extent possible to conform to the natural terrain of the land and, if possible, in curvilinear, non -rectangular shapes. b. Detention and water quality ponds shall not be located aw-Ript,r!!a .. within my— Gateway Overlay District landscape setback/buffer. c All ponds shall be set back at least 20 feet from a platted residential lot. d. Detention and water quality12onds located within :"^ i--eir' any_setback shall be designed with a vegetated slole not to exceed 3:1 and shall not include structural walls. ,eicc-etrt- those f are neeeF savy t, drainage in the ..1, rt6st v, sibl, Eau te to or fi,ern the b i f a � .d b. the Tl ,..,,1,.F.�.e3nt Ergi'nel'r B"3in ge fieilities - _kde all d.t..44,. peads, ..te alit,. , ,,.d.- .tlet str. -6,....,. drainage befi...- _, b 2. Walls, Trees, and Fencing a. Structural walls of 9detention 1=and water quality ponds that are located within 125 feet of a street or residential lot and visible from either at a 6 -foot -tall vanta¢e point+�a- - 'Is . .k:RiI ;:.shall beeither constructed or faced with stone, brick or similar masonry product. b Shade Trees shall be lanted within the street setback buffer area, spaced a minimum of 30 feet apart installed with at least 5 feet of pervious area in all directions, shall be irrigated and depicted on the Construction Plans. When the tree planting area conflicts with utilities the buffer area and pond(s) shall be pushed back in order to accommodate c_2, Fencing is allowed around detention and water quality ponds only if the fencing is constructed of wrought iron or tubular steel or other similar product not to include chain link fencing-- _:Detention and water qualitya = . - op nds shall be buffered from as vublic.— street with Shade Trees. -�3. Separate ponds for each lot within a subdivision may be utilized if they are designed with a curvilinear contoured shape, do not require fencing, utilize vegetated:-.: slope _'_ _ '. i k , =,—not to exceed:.— 3:1, and do not use structural --- —walls. 4 A Subdivision Variance to these requirements may be requested pursuant to Section 3.22 of this Code. 11.04.040 Building Permits and Utility Connections B. Plans and design calculations for all drainage facilities shall be submitted to the P__,:.ag Development Engineer prior to issuance of any permit within the development or subdivision. 11.04.050 Drainage Easements B. Design Requirements 1. Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within the road right-of-way, as determined by the e Development Engineer, perpetual unobstructed easements at least 15 feet in width for such drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road. Easements shall be recorded by separate instrument and indicated on the plat. Drainage easements shall be"carried from the road to a natural watercourse or to other drainage facilities. Section 11.06 Conservation Subdivisions 11.06.010 Applicability C. Properties in ET] Served by Septic Systems Property located outside of the city limits that will not be developed with collectivized wastewater systems are not eligible for the incentives or provisions associated with this Section. 9. GaunFi3 5; G�apoaileie M. Limit on Wastewater Service Property developed under this Section 11.06 may be allowed to connect to the City's wastewater system, in compliance with the utility extension policies of this Code and all other applicable City ordinances and policies, for the level of demand not to exceed that stated in the City's Comprehensive Plan for the type of Land Use category applicable to the property shown on the City's Future Land Use Plan. 11.06.020 Application Requirements A. Site Analysis Map Required The Applicant shall prepare and submit a Site Analysis Map � ;i = !: _ ff :`.:: --prior to the submittal of an application for Preliminary Plat or Site Plan, whichever comes first. The Planning Director shall consider approval of the Site Analysis Map, using the criteria established in _:_ i ,-; f tet!. ' Section 11.06.010 t -%4ap --The purpose of the Site Analysis Map is to ensure that the important site features have been adequately identified prior to the creation of the site design, the proposed open space set-aside will meet the requirements of this section, and whether the site is a candidate for development using conservation subdivision design principles. The Site Analysis Map can be prepared by a licensed landscape architect, geologist, professional engineer, surveyor or other professional, set forth in the Development Manual. The Site Analysis Map shall include, but not be limited to, the following features, if applicable: 11.06.060 Geometric and Pavement Standards Local cstreets within conservation subdivisions may be constructed to an alternativee cross-section, as described in Section 12.04.030. qkqndqi-ds a ... k H _„ ..:.,, a :,. C . , k fOF ,:,..,-vcmc oRarij-=.=t« }' isiblyeree shall- 9. Hip, fol -11 F.... wav ,.,_ et t ' arated b a 9 nd ea g • l Streets should, when possible, parallel existing tree lines, minimize construction and grading costs, promote pedestrian movement and minimize crossing of primary conservation areas. Ma�Einqum gFa4ing can be ,.,.a , 2',. an !sea 1 : tFeets, .9, ._.. placable In addition, streets should be shorter and narrower than traditional streets to lessen impervious cover and combine gentle curves and grade changes with traffic calming measures for safety purposes. - ---- _;.i r be _�o . .. _ ... * OfARtw 4 IMaPdaFdS in pjaGe F 5 I 1 *�1k� Note, Chapter 2 has been reformatted and there is no red -line Chapter 12 Pedestrian and Vehicle Circulation Section 12.01 General 12.01.010 Purpose An integrated and interconnected vehicle, pedestrian, and bicycle transportation network is essential for the effective and reliable movement of people and goods. The standards in this Chapter ensure that streets function in an interdependent manner, provide for accessibility and walkability, plan for emergency services, and provide continuous and logical transportation routes. Streets shall be planned and constricted so that their arrangement, size, character, and design is considered in relation to existing and future streets, topography, public safety and convenience, and an appropriate relationship with the built environment. The City's Comprehensive Plan shall guide the location and functionality of the transportation network. 12.01.020 Authority The provisions of this Chapter are adopted pursuant to Texas Local Government Code Chapters 211 and 212, and the City Charter, 12.01.030 Applicability A. The standards of this Chapter apply to development within the corporate limits and Extraterritorial Jurisdiction (ETJ) of the City of Georgetown. B. No subdivision, Site Development Plan or Stormwater Permit shall be approved until conformance to the standards of this Code are demonstrated. C. All required transportation improvements shall be designed in accordance with this Code and as detailed in the adopted Construction Specifications and Standards Manual ("Construction Manual"), as amended, or any other adopted construction standards provided by the Development Engineer. When the standards of this Code and the Construction Manual conflict, the more stringent provision shall apply. 12.01.040 Subdivision Variance A Subdivision Variance, pursuant to Section 3.22 of this Code, may be requested to the provisions of this Chapter except Section 12.06, Design and Technical Standards, and 12.09, Traffic Impact Analysis. Section 12.02 Comprehensive Plan Thoroughfares Regional thoroughfares provide linkages within the community and throughout the region. The City's Comprehensive Plan includes an Overall Transportation Plan that is developed in conjunction with the Capital Area Metropolitan Planning Organization's (CAMPO) long-range plan. Goals from the Overall Transportation Plan include: A. Improve the local street system, including new thoroughfare linkages to enhance connectivity, improved and coordinated traffic signalization, and access management standards. B. Provide a functional, integrated, multi -modal transportation system with a variety of choices. C. Reduce reliance on single -occupant automobile traffic and enhance bicycle and pedestrian mobility and accessibility by encouraging compact land use development. Page 1 of 24 D. Provide for a high degree of safety for motorists, transit users, pedestrians and bicyclists. E. Discourage primary traffic routing through local streets. F. Preserve right-of-way for future roadway development and expansion. 12.02.010 General The precise alignment of thoroughfares included in the Overall Transportation Plan may be varied to allow for locational adjustments that would increase the compatibility of the right-of-way with natural or man-made features such as steep slopes, waterways, wildlife habitats, historic structures, existing development, or existing streets. In unique circumstances, at the discretion of the Director, the amount of right-of-way expansion may be reduced to accommodate natural or man-made features such as steep slopes, waterways, wildlife habitats, historic structures, or existing development. Thoroughfares that are located in the Downtown Overlay District and are constrained by historical patterns of development may be considered on a case-by-case basis by the Director and may not conform to the ultimate street sections identified in Table 12.02.030. 12.02.020 Developer Responsibilities It is necessary and desirable to obtain right-of-way for the public street network to support the current and future needs of the community. Developers share the responsibility of providing adequate streets through compliance with the minimum standards governing internal and perimeter streets. The developer shall be responsible for the dedication and improvement of internal and adjacent comprehensive plan thoroughfares in accordance with the standards of the street classifications described in this Section. The developer is responsible for all costs of materials, design, and construction of the public improvements required by this Code. A. The continuation of all existing streets and those included in the Overall Transportation Plan, approved plat, concept plan, or other City -approved document depicting a planned street shall be provided by the developer. B. Minimum right-of-way standards shall be in accordance with Table 12.02.030. If the thoroughfare is a boundary street, one-half of the balance between the street's existing right-of-way and the street/intersection right -of way required shall be required per Table 12.02.030. Where the thoroughfare is internal to the property, the full section of right-of-way shall be required. C. In addition to the minimum right-of-way standards in Table 12.02.030, right-of-way reservation may be required for thoroughfares expressly stated in the City's Overall Transportation Plan. Additionally, reservation could be required for County and State roadway plans that exceed the City's minimum right-of-way standards. The Development Engineer may also seek additional right-of-way and/or easements for drainage, utilities, slopes, etc. necessary to facilitate the construction of a roadway. D. Improvements to comprehensive plan streets, in accordance with Section 12.09.030 (F), shall be the -responsibility of the developer unless otherwise provided. A developer is not responsible for construction of any bridge structure at the boundary of the subdivision if the bridging of such a street does not immediately connect to the network. A pro -rata contribution towards the future construction of the bridge may be required, as determined by a Traffic Impact Analysis. E. There must be a rough proportionality between the traffic impacts created by a new development and the associated mitigation requirements. Page 2 of 24 12.02.030 Comprehensive Plan Streets The following table provides general standards for typical Comprehensive Plan regional transportation facilities. All rights-of-way listed in the table are minimum dimensions and additional right-of-way and/or easements may be required by the Development Engineer due to drainage, utilities, or construction necessity. Street width dimensions are measured from back -of -curb to back -of - curb and include travel lanes, bicycle lanes, and curb and gutter. Landscape lots and commercial signage are prohibited within any part of the right-of-way of a comprehensive plan street or trail. Full dimensional cross-sections for each street classification and corridor -specific alternatives can be found in the Chapter 12 Appendix. Utility assignments can be found within the Construction Manual. Table 12.02.030 Comprehensive Plan Street and Trail Standards Table Notes 1. Design and geometry of all streets, including speed adjustments, can be found in Section 12.06. 2. Right-of-way at intersections for Arterial streets are increased according to the table for a distance of 200 feet from the right-of-way of the intersecting street. 3. Bicycle lanes can be combined with sidewalks into a Shared -use Path at a minimum width of 10 feet with Clear Zone separation to satisfy the requirements of both. Shared -use paths in place of dedicated bike lanes are encouraged on roadways with speeds over 40 mph. Page 3 of 24 Regional Trail Major Collector Minor Arterial Major Arterial Average Daily Trip (ADT) Projected Range _ 2,501-12,500 12,501-24,000 24,001+ Design Speed (mph) 35 40 45 Right-of-way (min. feet) 20 94 110 135 Right-of-way at intersections (min. feet) z g4 134 159 Travel Lanes (number of) -- 4 4 6 Travel Lane Width (feet) -- 11 11 12 Bicycle Lanes (feet) s — 4 5 5 Street Width total (feet) 10 60 66 90 Median Width (min. feet) — 10 16 16 Parking — Prohibited Prohibited Prohibited Sidewalks (min. feet) 10 6 6 6 Sidewalk clear zone (min. feet) 6 6 6 6 Public Utility Easement (min. feet) _ 15 15 15 Table Notes 1. Design and geometry of all streets, including speed adjustments, can be found in Section 12.06. 2. Right-of-way at intersections for Arterial streets are increased according to the table for a distance of 200 feet from the right-of-way of the intersecting street. 3. Bicycle lanes can be combined with sidewalks into a Shared -use Path at a minimum width of 10 feet with Clear Zone separation to satisfy the requirements of both. Shared -use paths in place of dedicated bike lanes are encouraged on roadways with speeds over 40 mph. Page 3 of 24 4. The City may consider alternative striping on all comprehensive plan roadways to allow for on - street parking, narrower lane widths, alternative bike lane design, etc. whether in an interim or permanent situation. In the event that the City adopts a specific street corridor design or overlay that differs from the design standards in Section 12.02 and 12.03, any approved cross-section(s) associated with that street can be found in the Chapter 12 Appendix. Section 12.03 Local and Neighborhood Streets The neighborhood street network shall form an organized, connected pattern that defines the community both functionally and visually. When possible, streets should be designed to respect natural features and topography to reduce grading, promote pedestrian movement, and minimize crossing of open space. In addition, streets should generally be short in length, include cross -street access, and incorporate traffic calming design elements to promote safety and discourage speeding. Local and Neighborhood streets serve both residential and non-residential uses. 12.03.010 Developer Responsibilities The developer shall be responsible for the dedication and improvement of all local and neighborhood streets in accordance with the standards of the street classifications described in the following section. Where existing right-of-way does not meet the minimum standards, right-of-way shall be dedicated to meet the minimum requirement. The developer shall provide for the continuation of all existing streets and those included in the Overall Transportation Plan, approved plat, concept plan, or other City - approved doctunent depicting a planned street. The developer is responsible for all costs of materials, design, and construction of the public improvements required by this Code. 12.03.020 Public and Private Streets All newly created streets shall be public streets, except for local streets serving non-residential Multi - lot developments, described in Section 7.02.030, which can be privately owned and maintained. Private streets in such situations shall be constructed to local street standards and include a street maintenance agreement tied to the approved final plat. Private streets, if desired, may include fire -approved gates to limit access; public streets shall not be gated. Alleys shall be privately owned and maintained. 12.03.030 Local and Neighborhood Streets The following table provides general standards for local and neighborhood streets. Average Daily Trips (ADT) are utilized as a planning tool for a projected development, while Level of Service (LOS) is used as a measurement of functioning roadway adequacy once the street is in operation. All rights-of- way listed in the table are minimum dimensions and additional right-of-way and/or easements may be required by the Development Engineer due to drainage, utilities, or construction necessity. Street width dimensions are measured from back -of -curb to back -of -curb and include travel lanes, parking lanes, and curb and gutter. Full dimensional cross-sections for each street classification can be found in the Chapter 12 Appendix and utility assignments can be found within the Construction Manual. Page 4 of 24 Table 12.03.030 Local and Neighborhood Street Standards Table Notes 1. Local Streets vary in street width depending on curb type, in accordance with Section 12.06.E. 2. Residential Lanes require companion alleys to provide access to the lots fronting on the lane. Cut-out parallel parking for temporary loading and visitor parking is allowed with additional right-of-way. 3. Sidewalks in the Downtown Overlay shall follow width, materials, and standards in Section 12.04.030.8. 4. Sidewalk clear zone (separation from curb) varies by the size of tree wells described in Section 12.06.G. 5. Residential Collectors are subject to the driveway separation requirements pursuant to Section 12.08. 6. Neighborhood Collectors shall not have residential lots fronting on the street, nor permitted access to residential lots. Only access to parkland, amenity centers, or common areas is permitted. Section 12.04 Alternative Streets Alternative street designs may be warranted at times when streets are located in areas that call for contextual solutions based on density, land use, and pedestrian environment. 12.04.010 Residential Rural Estate Streets A. Streets Local Streets within a Residential Rural/Estate subdivision may be constructed to a 26 -foot street width. Within the City's designated fire service area, on -street parking is restricted in accordance with the adopted fire code. Rural/Estate streets located in the ETJ may be designed to 25 mph speeds and constructed with a ribbon curb to allow for sheet flow or open -ditch stormwater Page 5 of 24 Residential Local Local Street Local Street Local Street Residential Ne g tor - hood Alle y Lane Street - Tree (alt.) - Rural/Estate - Downtown Collector Collector Average Daily Trip _ 1-800 1-800 1-800 1-800 N/A 801-1,400 801-2,500 (ADT) Projected Range Design Speed (mph) -- 30 30 30 25 30 30 30-35 Right-of-way 20 40 50 52-62 50 60 60 60 (min. feet) (private) Street Width Total (feet) 15 22 30-321 32 26 38 36 28 Parking Prohibited Limited Z 2 Sides 2 Sides 1 Side 2 Sides 2 Sides Prohibited Sidewalks (min. feet) — 5 5 5 — 6 –10 3 5 5 Sidewalk clear zone — Optional Optional Varies 4 6 Varies 3 5 10 (min. feet) Driveways Permitted Yes No Yes Yes Yes Yes Limited 5 No 6 Intersection Spacing 1,500 1,320 1,320 1,320 1,320 N/A 1,320 2,000 (max. feet) Public Utility Easement — 10 10 10 10 10 10 10 (min. feet) Table Notes 1. Local Streets vary in street width depending on curb type, in accordance with Section 12.06.E. 2. Residential Lanes require companion alleys to provide access to the lots fronting on the lane. Cut-out parallel parking for temporary loading and visitor parking is allowed with additional right-of-way. 3. Sidewalks in the Downtown Overlay shall follow width, materials, and standards in Section 12.04.030.8. 4. Sidewalk clear zone (separation from curb) varies by the size of tree wells described in Section 12.06.G. 5. Residential Collectors are subject to the driveway separation requirements pursuant to Section 12.08. 6. Neighborhood Collectors shall not have residential lots fronting on the street, nor permitted access to residential lots. Only access to parkland, amenity centers, or common areas is permitted. Section 12.04 Alternative Streets Alternative street designs may be warranted at times when streets are located in areas that call for contextual solutions based on density, land use, and pedestrian environment. 12.04.010 Residential Rural Estate Streets A. Streets Local Streets within a Residential Rural/Estate subdivision may be constructed to a 26 -foot street width. Within the City's designated fire service area, on -street parking is restricted in accordance with the adopted fire code. Rural/Estate streets located in the ETJ may be designed to 25 mph speeds and constructed with a ribbon curb to allow for sheet flow or open -ditch stormwater Page 5 of 24 drainage. Rural/Estate Streets in the ETJ require a stop condition every 1,500 feet which include, but is not limited to, a stop or yield sign, roundabout, or other approved traffic -calming measure. B. Sidewalks Sidewalks within Residential Rural/Estate subdivisions shall be constructed on both sides of all collector -level and higher -classification streets, including perimeter Arterial streets. Sidewalks may be located within a public utility easement and may meander in and out of the right-of-way. Sidewalks within a Residential Rural/Estate subdivision shall be constructed at the time of street improvements and shall not be deferred to the building permit. An alternative pedestrian plan including a trail system in lieu of sidewalks may be considered by the Director. Maintenance of the sidewalks shall be determined upfront by the governmental entity responsible for the street. 12.04.020 Local Street - Street Tree Alternative Street trees are permitted in a street right-of-way only when planted in a street right-of-way approved for street trees. All other trees planted along streets shall be located in the front yard of the lot. Trees approved for designated street rights-of-way shall be planted within a parkway strip that is sized and equipped with designated root barrier treatments in accordance with Section 12.06. 12.04.030 Downtown Overlay District Streets All streets and sidewalks located within the Downtown Overlay District shall comply with the Downtown Master Plan, as amended. Within the Downtown Overlay District, the developer shall be responsible for the dedication of half of the remaining right-of-way and construction of landscaping, sidewalks, lighting and other features of the Downtown Master Plan, where such improvements are non-existent or in need of re -construction. If a development is approved for parking to be located within the right-of-way, the developer shall be responsible for any necessary paving and/or intersection improvements to conform to the standards of subsection (A) below. The Director may consider a lesser right-of-way and/or street design when existing structures, trees, or other objects preclude the expansion to the minimum right-of-way. In such instance, the Director may consider reduced lanes, alterative on -street parking configurations, or other alternative design. A. Street Standards 1. All local streets located within the Downtown Overlay District shall meet the minimum right- of-way and pavement widths in Table 12.03.030. Downtown Local Streets shall be designed with parallel parking inset by intersection bulb -outs on each side of the street and one travel lane in each direction. 2. Streets uniquely identified within the Downtown Master Plan shall be dedicated and constructed according to the cross-section in the Downtown Master Plan. 3. Intersection crosswalks shall be constructed, at a minimum, as Type B crosswalks, as depicted in the Chapter 12 Appendix. Street lighting shall be in accordance with Section 12.06 of this Code. B. Sidewalks and Trees 1. Sidewalks located within the Downtown Overlay District shall beat least six (6) feet wide and constructed according to the design standards of a Level III Sidewalk, as described in the Downtown Master Plan and depicted in the Construction Manual. Level III sidewalks shall include a four (4) foot vegetated strip between the curb and sidewalk when not adjacent to Page 6 of 24 head -in or angled street parking. If a sidewalk is identified in the Downtown Master Plan as a Level I or lI sidewalk, it shall be constructed accordingly. 2. Street Trees shall be required at a general spacing of 40 feet for Shade Trees and 20 feet for Ornamental Trees. The Director may consider alternative spacing, species, and location based on existing conditions. Shade Trees shall be planted in a parkway strip or tree well that is sized and equipped with underground root barrier treatments in accordance with Section 12.06. Approved Ornamental Trees shall not require root barrier treatments. 12.04.040 Conservation Subdivision Streets Local Streets within a designated Conservation Subdivision (per Section 11.06 of this Code) may be constructed to a 26 -foot street width. Within the City's designated fire service area, on -street parking is restricted in accordance with the adopted fire code. The parking lane shall be inset from the travel lanes using bulb -out curb design measuring 15x6 feet at each intersection and at 300 -foot intervals. The City may consider limited drainage alternatives such as bioswales and landscaped filtration techniques in conjunction with ribbon curbs for Conservation Subdivision Streets. 12.04.050 Context Sensitive Streets The City's Overall Transportation Plan encourages design flexibility for comprehensive plan streets to accommodate the existing built environment or desired development. Context Sensitive Street (CSS) alternative cross-sections are provided within this Code to account for settings that contain a mixture of uses, densities, and building types that may affect pedestrian and bicycle patterns, speed limits, and on-site parking options. As an alternative to the standard street types for comprehensive plan roads and neighborhood streets, the CSS cross-sections identified in the Chapter 12 Appendix and in a Mixed -Use (NIU) Zoning District per Section 4.09 of this Code may be considered as design options for development with this Code. Section 12.05 Subdivision and Street Design To further the goals of the Overall Transportation Plan of an interconnected street network, new streets shall be integrated into existing and planned streets. New subdivisions shall account for primary and secondary entry points into a subdivision, connect to streets stubbed from adjacent properties, and provide for a neighborhood street layout focused on the safety of vehicles, bicycles, and pedestrians. Street network connections shall be made based on the number of proposed residential or commercial lots/units, the size and configuration of the land, and the type of streets constructed. Connection locations shall be depicted on the Preliminary Plat, concept plan, if applicable, and any associated phasing plans, and shall conform to the standards detailed below. 12.05.010 Street Network Connections A. Connections to Major Streets All non-residential and residential lots and multi -family complexes shall have direct or indirect access to an existing major street, defined as a Major Collector, Minor Arterial and Major Arterial. Table 12.05.010 is used to determine how many connections to an existing major street(s) are required, based on the number of lots or units. For the purposes of this Section, lots and multi -family units are interchangeable for determining connections to existing major streets. Multi -family developments do not require more than 2 total connections. Page 7 of 24 Table 12.05.010 Minimum Lots/Units Connections to Existing Major Streets 1-29 1 30-79 1 + Fire Code access 80-499 2 500+ 3 If a subdivision or multi -family development does not directly connect to an existing major street, the number of connections can be satisfied through existing local streets as long as there are enough distinct, continuous routes to a major street through adjacent development to meet the requirements. In that situation, the number of lots in the table shall encompass the total accumulated number of lots or units sharing the street connections to the major street(s), regardless of subdivision boundary. B. Street Network Connections Required A proposed subdivision or development shall provide connections to the public street network in accordance with Table 12.05.020, through either existing streets or by future street stubs to an adjacent property. The minimum connections in Table 12.05.020 may be increased by further requirements in this Section, such as intersection spacing and street connectivity ratio. For the purposes of this Section, lots and multi -family units are interchangeable for determining connections to existing major streets. Multi -family developments do not require more than 2 total connections. Table 12.05.020 Minimum Lots/Units Minimum Connections to Existing or Future Streets 5 2 80 3 150 4 200 5 300 6 500 7 C. Additional Street Connection Requirements 1. All existing streets in adjoining areas shall be connected and continued into the new subdivision in alignment therewith, regardless of the number of street connections required. Practical downsizing or upsizing of street widths, speeds, and design will be reviewed and permitted at the discretion of the Development Engineer. 2. Whenever existing or future street connections are required, the right-of-way shall be extended and all public improvements constructed to the property line boundary. Page 8 of 24 3. The Director can require that a proposed future street connection be shifted to a more suitable location in order to minimize block length, discourage cut -through traffic, align compatible uses, preserve trees, prevent reserve strips, and increase the likelihood of ultimate connection. 4. All Major Collector -designated streets and higher classifications shall connect or stub on both ends to an existing or planned collector or higher-level street. All other collectors should generally connect to another collector although, on a case-by-case basis, exceptions can be considered through an Administrative Exception. 5. A street stub cannot be used as the basis of lot frontage and/or access for an adjoining lot, Street stubs are intended only to continue through such property. 6. Streets that are planned to extend in the future shall be constructed with temporary turn- arounds when the street stub exceeds 150 feet in length and shall be depicted on the plat as a temporary easement. The following note should be placed on the plat: "Crosshatched area is temporary easement for turn -around until street is extended." Temporary dead-end streets shall not exceed 500 feet. Reserve strips at the end of streets are prohibited. 7. All street network connections shall be provided prior to the final phase of development. 8. A platted residential lot or portion thereof may not be used as a means to connect a proposed street to an existing street or cul-de-sac in order to satisfy the requirements of this Section if the existing street was not intended to connect to the adjacent land. 9. In addition to the minimum street network connection requirements, intersection spacing and connectivity provisions in Section 12.05.020 may increase the total connections required. D. Street Connection Credits Credits toward the minimum number of street connections are applicable only after the second existing street connection has been satisfied. A Neighborhood Collector counts as two (2) local street connections and a Major Collector or higher -classification street counts as three (3) local street connections, whether they are constructed as either an existing or future street connection. 12.05.020 Streets and Blocks A. Intersection Spacing Intersection spacing shall not exceed the lengths specified in Table 12.03.030 and adhere to the following measurement and calculation standards: 1. Intersection spacing shall apply independently to each side of a street and shall be measured between the centerlines of two through streets, both on the same side of the street segment to be measured. 2. Cul-de-sac and other non through -streets do not apply as an intersection when measuring length of spacing. 3. Intersection spacing shall apply beyond each individual subdivision and measurements shall be continued into the adjacent subdivision. 4. Intersection spacing requirements do not apply to Major Collector and higher -classification streets. Page 9 of 24 B. Mid -Block Pedestrian Connection Where intersection spacing is 1,000 feet or greater in length, a minimum 15 -foot wide pass- through lot shall be required near the mid -point of the block. The pass-through lot shall connect on both ends to a public street and shall be owned and maintained by a designated property owner's association or similar entity. Within the lot, a minimum 6 -foot wide sidewalk shall be constructed in an access easement and connect on either end to public sidewalks. C. Cul-de-sacs A residential cul-de-sac shall not exceed 20 total lots or 500 feet in length, whichever is less. A cul-de-sac exceeding 15 lots shall provide pedestrian access from the end of the cul-de-sac through to the nearest public street, public school, sidewalk or trail, provided that such connection is located within the same subdivision. A pass-through lot containing a minimum 6 - foot sidewalk in a public access easement shall connect on both ends to a public street and shall be owned and maintained by a property owner's association. A residential cul-de-sac is permitted only within a subdivision that has more than one public street connection and shall not take access off of an arterial street. D. Street Connectivity The street network for any subdivision with internal roads or access to any public road shall achieve a connectivity ratio of not less than 1.20. A Connectivity Ratio is achieved by taking the number of street links divided by the number of nodes or end links, including cul-de-sac heads. A node is the terminus of a street or the intersection of two or more streets. A link is any portion of a street defined by a node at each end or at one end. Streets intersecting to an external collector or arterial street are not considered nodes, but are considered links. Street stubs to an adjacent property are considered links, but alley intersections are not. The adjacent graphic and sample calculation shows how the street connectivity ratio for a subdivision shall be calculated. Numbers (#) indicate Links ♦ = Nodes 13 links/11 nodes =1.18 ratio (Does not meet required 1.20 ratio) 12.05.030 Inter -Parcel Connectivity All new commercial Site Development Plans and Stormwater Permits that require off-street parking and driveways shall provide driveway connections to adjacent properties parallel to any street fronting the development, whether such property is developed or undeveloped. Access Easements shall be provided where necessary to achieve such a connection. The Director may adjust connection locations and consider alternative connections to the rear where practical. Page 10 of 24 12.05.040 Exceptions Exceptions to the requirements of Section 12.05 may be considered by Administrative Exception, Subdivision Variance, or by the abandonment of a right-of-way, in compliance with this Code and the City's Municipal Code. A. Administrative Exception The Director may consider an Administrative Exception during subdivision plat or site plan review for the following situations only: If a natural or man-made barrier such as a highway, railroad, floodplain, or severe topography would hinder the possibility of connection. The administrative exception shall not apply to meeting the minimum connections to an existing major street, as specified in Table 12.05.010. All other exceptions shall be processed as a Subdivision Variance or Street Abandonment. B. Subdivision Variance A Subdivision Variance pursuant to Section 3.22 can be considered for proposed and required street connections. The applicant shall demonstrate that all other administrative options have been exhausted. The following are eligible for Subdivision Variance consideration: 1. Number of required connections, type of street connection, land use compatibility, or location. 2. A local street that would connect a commercial/industrial development to a residential development. In such instance, the applicant that is required or is proposing to make such a connection is eligible to apply for the subdivision variance and must ensure that removal of such a connection does not cause detrimental effects to the streets in the adjacent subdivision. 3. A connection that would cause an existing local street to exceed the Average Daily Trip (ADT) projection specified in Table 12.03.030 and cause the Level of Service (LOS) on the existing street to fall to Level "D" or worse, as determined through a Traffic Impact Analysis (TIA). The variance should be considered when efforts to re-route traffic, alter street classifications, or consider alterative connections have been exhausted. C. Street Abandonment If not otherwise eligible for a Subdivision Variance or exception provided for in this Section, a City- approved public street or street stub that is proposed by any party to be closed, disconnected or never connected to another public street shall be submitted to the City Council for consideration of abandonment, following the procedures in the City's Municipal Code. No public street, right-of-way, or street approved by a plat shall be abandoned by the City or County if not in accordance with this Code. The City and County will collectively determine whether to abandon the portion of a public street that exists or is planned to be in both jurisdictions. Section 12.06 Design and Technical Standards Streets shallbe designed in accordance with the design speed standards established in this Chapter in conjunction with the American Association of State Highway and Transportation Officials (AASHTO) Manual, as amended. When listed in this Section, the published standard shall apply. When this Section is silent, the AASHTO standard shall apply. A. Street Curves and Geometry 1. Vertical curves shall be designed in accordance with AASHTO standards. Page 11 of 24 2. Horizontal curves shall be separated by a minimum tangent of 100 feet for Comprehensive Plan Streets and 50 feet for all other streets. 3. Reverse curves shall be separated by a minimum tangent of 100 feet. Super -elevated curves shall not be allowed. 4. Horizontal tangents approaching an intersection shall be a minimum of 50 feet in depth. 5. Street landings shall be a minimum of 30 feet in depth with a grade of less than 2% approaching anintersection. 6. Grade breaks shall not exceed 1% without a vertical curve. 7. Longitudinal grade shall be a minimum of 0.5% for streets using a curb and gutter drainage system. Maximum grade shall conform to AASHTO criteria for all Comprehensive Plan Streets and shall not exceed 15% for all other streets. 8. Roundabouts and traffic circles shall be designed to accommodate emergency service vehicles and busses. Encouraged on local streets, roundabouts shall require approval by the Development Engineer for a collector -level street or higher classification. 9. Collectors shall generally follow a direct path and shall not turn in a perpendicular manner after a stop or 90 degree bend, nor shall a collector end in a cul-de-sac or other permanent turn -around. 10. Exceptions to these standards, in addition to the design speeds for streets may be considered by the Development Engineer on a case-by-case basis. Approved design speeds differing from the statutory prima facie speed limits shall require signage in accordance with the Texas Manual on Uniform Control Devices. B. Intersection Alignment 1. All streets shall intersect at a 90 -degree angle. Deviations up to 15 degrees may be considered by the Development Engineer on a case-by-case basis where existing conditions will not permit. 2. New streets and driveways intersecting a street across from existing street or driveway shall be aligned with the existing street or driveway on center line with dimensions and bearings to show relationship. In unique circumstances where the Development Engineer determines that precise alignment of driveways, Local Streets, or Residential Collectors is impossible due to natural features or other unique elements of the land, such off -sets may be included provided the distance between center lines is not less than 125 feet. C. Turning Radius 1. Local street intersections with another local street shall include a minimum curb radii of 15 feet. All collector street intersections with both local streets and other collectors shall include a_minimum curb radii of .25 feet. All arterial street intersections with any type of street shall include a minimum curb'radii of 30 feet. 1 2. Cul-de-sac streets shall have a minimum 60 -foot right-of-way and a 50 -foot paved radius for single- and two-family uses, and 70 -foot right-of-way and 60 -foot paved radius for all other uses. Cul-de-sacs shall include a 25 -foot inside, 50 -foot outside turning radius. Hammerheads and other turnaround alternatives shall meet the standards provided in the adopted Fire Code. Page 12 of 24 3. Street intersections containing one or more Neighborhood Collector and higher -classification streets shall include 25 -foot right-of-way flares. The 25 feet is measured along the tangents from the point of intersection of the two right-of-way lines. D. Intersection Visibility and Sight Triangle 1. For a street not containing the 25 -foot right-of-way flare, a sight triangle visibility easement shall be established at all street intersections to ensure street visibility. This area shall measure 25 feet along the right-of-way in each direction from the projected intersection (shown as "x" and "y" in the graphic). At the intersection of two local streets, however, the sight triangle can be measured from the back of the curb or, where no curbs are in existence, the edge of the pavement. Where the right-of- way/curb curves at the intersection, the tangents at the points of beginning for the corner curve shall be projected to determine the origination of the sides of the sight triangle. 16 na a �clo cn r cit i J— X� \ C �W. 1. ' \Dt:vM_tNMetlH15 � \FJ'nup$` J I Y rRic -o=wnY A- 2. Within the sight triangle, no construction, planting, grading or other natural or manmade object, including signs and human advertising, that interferes with street visibility shall be permitted between the heights of three (3) and eight (8) feet, measured from the crown of the street, except as approved by the Development Engineer. 3. The Development Engineer has the authority to extend the sight triangle based on speeds, pedestrian facilities, and location of the painted stop bar at the intersecting street. Furthermore, the Development Engineer may make a determination that objects interfering with street visibility shall be removed or otherwise altered to restore visibility. E. Street Curbs 1. Approved street curb types are vertical, mountable, and ribbon curbs. Each curb type shall be appropriate for the street classification, speed, drainage collection and meet the requirements of this Chapter. All curbs, gutters, and inlets shall be designed and constructed in accordance with the Construction Manual. 2. Comprehensive Plan Streets, Neighborhood Collectors, and any street within a Residential Rural/Estate Subdivision may include ribbon curbs with approved drainage plans. All other streets shall be constructed with mountable or vertical curbs unless approved by the Development Engineer. 3. Local Streets and Residential Collectors may be constructed with either a mountable curb or vertical curb. In accordance with Table 12.03.030 and the Local Street cross-sections located in the Chapter 12 Appendix, streets constructed with a mountable curb have a street width of 30 feet and streets constructed with a vertical curb have a street width of 32 feet. 4. Mountable and ribbon curbs require a clear zone safety separation between sidewalks, in accordance with Section 12.07. 5. Curb Basis for all streets shall be a minimum of nine (9) feet, measured from the back -of -curb to the right-of-way line, to ensure that utilities, grading and drainage can be adequately provided. Unless otherwise specified, the adjacent property owner is responsible for Page 13 of 24 maintenance of all pervious surface within this area, including grass, landscaping, trees, etc. per City Code Section 8.20.100. Encroachments into the right-of-way such as trees, landscaping, signage, and irrigation shall require a License to Encroach unless specified by plat or maintenance agreement. F. Street Lights 1. Street lights shall be provided and installed by the subdivider on all public and private streets located at intervals not exceeding 300 feet, at all street intersections, and at the terminus of a cul-de-sac, except as otherwise specified herein. Subdivision of lots that do not require new streets shall also provide street lights along existing streets if street lights are non-existent. The lighting type, size of luminaire, mounting poles, location, and installation procedures shall be determined by the City's Electrical Engineer or designee, in accordance with the standards in the Construction Manual. 2. In a Residential Rural/Estate Subdivision, installation of street lights shall only be required at the entrances to the subdivision. The subdivider shall be responsible for the installation and capping of electrical conduits at all street intersections and cul-de-sacs within the subdivision so as to allow for future installation of street lights. Elevated metering transmission structures may be required within the subdivision to transmit utility meter readings. 3. In the Downtown Overlay District, street lights shall be provided using either the antique lighting or standard light poles painted "Dark Green' in accordance with the Downtown Master Plan and the Construction Manual. G. Street Trees Trees are an important part of the streetscape and, when desired, should be planted according to the context of a street. Shade trees required by this Code or desired by the homeowner shall typically be planted outside of the right-of-way in the front yard except where otherwise restricted in this Code. Shade trees planted within the right-of-way in the optional Local Street— Tree Option cross section shall be considered a public improvement for construction purposes and be planted between a vertical curb and sidewalk in accordance with the following criteria: 1. 6 -foot minimum separation from both the curb and the sidewalk with a modular suspended pavement framing system; 2. 8 -foot minimum separation with plastic root barriers; or 3. 10 -foot minimum separation between back of curb and sidewalk with no root barrier. 4. Approved Ornamental Trees shall not require root barrier treatments. 5. Approved Tree species shall be spaced approximately 40 feet apart, unless otherwise approved by the Urban Forester on the Construction Plans. 6. All street trees shall be irrigated and maintained by the adjacent property owner, property owner association, or special district, as designated in a plat note, 7. A maintenance agreement, license agreement and plat notes shall be established prior to recordation of the final plat for the subdivision. The maintenance agreement shall dictate that repair to curbs or sidewalks attributed to street tree root damage shall be the responsibility of the adjacent property owner, property owner associated, or special district as designated. Page 14 of 24 H. Mailbox Kiosks Communal mailbox kiosks facing a public street shall be provided direct pedestrian access from the public sidewalk, be set back from the public sidewalk so as not to impede the walkway, and provide either two pull -in parking spaces or a temporary loading zone that adequately accommodates two vehicles. The right-of-way for the adjacent public street shall be sized appropriately for such features. I. Construction Entrances Construction entrance/exit locations must be specified for all subdivision development. Construction traffic for subdivision public improvements shall not be routed through adjacent neighborhood streets except on rare occasions at the approval of the Development Engineer. I Street Naming 1. Streets shall be named according to the City's Addressing and Naming Policy. 2. Streets shall be named so as to provide continuity of name with existing streets and so as to prevent conflict with identical or similar names within the county. 3. Driveways or approved private streets serving more than one internal lot that connect to an Arterial street shall be named and signed according to the City's Addressing and Street Naming Policy. Section 12.07 Pedestrian and Bicycle Mobility 12.07.010 General All sidewalks and trails identified in this Code, the City's Sidewalk Master Plan, Overall Transportation Plan, Parks Recreation and Open Space Master Plan, Trails Master Plan, Downtown Master Plan, and any other relevant plan shall be constructed in accordance with this Code. Public sidewalks and trails do not count against the maximum impervious cover percentage required in Section 11.02 of this Code. A. Public Sidewalks 1. Sidewalks shall be constructed on both sides of all streets, including frontage roads, at the minimum widths described in Tables 12.03.030 and 12.04.020 of this Code. Sidewalks shall be constructed consistent with the Construction Manual and in conformance with the requirements of the Americans with Disabilities Act (ADA). 2. Sidewalks may be located within the street's public utility easement or right-of-way and may meander in and out of either as approved by the Development Engineer. If located within the PUE, a public access easement shall be granted by either the recording of a plat or separate instrument, and shall be identified on any subsequent plans. 3. Sidewalks shall be separated a minimum of six (6) feet from the back of a ribbon curb and four (4) feet from the back of a mountable curb on local streets, in addition to the Sidewalk Clear Zone n,inirnums provided in Tables 12.02.030 and 12.03.010. Sidewalks have no required separation from vertical curbs on a typical local street. 4. Construction of public sidewalks on single-family and two-family lots may be deferred to the building permit, built to the standards and specifications at the time of the permit Sidewalks located in common areas, parks and along Neighborhood Collectors shall be constructed at the time of street improvements. Page 15 of 24 5. Pedestrian accessways shall be provided from the public sidewalk to the main entrance of each building or to a sidewalk leading to the main entrance. 6. Sidewalks located within the Downtown Overlay District shall comply with the design standards in Section 12.04 of this Code and the Downtown Master Plan, as amended. 7. Sidewalks constructed as infill, retrofitted, or rehabilitation projects should follow the standards of this Chapter where practical to do so, but consideration shall be given to the existing conditions of the built and natural environment when locating such sidewalks. B. Public Trails Regional Trails depicted on the Trails Master Plan shall be dedicated and constructed at the time of development as a public improvement in the general locations and alignments depicted therein. 1. If the trail is not located on public property, a minimum of 20 feet of right-of-way or public access easement, shall be dedicated as approved by the Director of Parks and Recreation. 2. The trail shall be a minimum of 10 feet in width, constructed to the standards depicted in the Trails Master Plan, or otherwise approved by the Director of Parks and Recreation. 3. A trail constructed to the City's trail standards may be constructed within the right-of-way or public utility easement as a substitute for a street sidewalk if the Trails Master Plan designates a trail along the street. C. On -Street Bicycle Lanes Bicycle facilities are required along Major Collectors and Arterials at the minimum widths specified in Table 12.02.030. On Arterial streets, bicycle accommodations are recommended in a shared -use path off of the vehicular travel lanes for the safety of the cyclists, though the approved cross-sections in Appendix A allow for on -street striped lanes as well. Design and construction of all bicycle facilities shall meet or exceed standards set forth in the City's Overall Transportation Plan. D. Sidewalk Fund A designated City fund, entitled "Sidewalk Fund," shall hold any financial contributions paid in accordance with the provisions in this Code. Funds shall be held in trust by the City to be used exclusively for the purpose of purchasing and/or equipping public streets for sidewalks. E. Alternative Pedestrian Improvements 1. Alternative locations or design variation(s) of sidewalks, pedestrian access facilities, or hike and bike trails to a standard that deviates from the Construction Manual can be requested to the Development Engineer. If approved, ownership and maintenance shall be transferred to the property owner or property/homeowner association and recorded by separate instrument along with a public access agreement. 2. When an administrative alternative cannot be achieved, a Subdivision Variance pursuant to Section 3.22 may -lie requested for either -fees -in -lieu of construction, delay of construction, or waiver. Justifications for the variance include, but are not limited to, the location of the facility in relation to the existing or planned pedestrian network, the need for the facility, and/or topography/natural features. Prior to approval of the Final Plat, Site Development Plan, or other applicable approval stage, payment of any required fees shall be provided for deposit into the Sidewalk Fund at a cost not to exceed 125% of the estimated construction plan costs, Page 16 of 24 as approved by the Development Engineer. A request may be made to City Council for City participation in any pedestrian improvements required by this Chapter. Section 12.08 Driveway Standards All driveways accessing a street shall require a permit through either a Building Permit, Stormwater Permit, Site Development Plan, or Driveway Access Permit, in accordance with this Code. The Development Engineer may use discretion on exact driveway spacing distance and location, where warranted. A lot approved in accordance with this Code has the right to at least one (1) driveway access point, which may or may not be full -access depending on conditions. A driveway may provide access to no more than four (4) lots before a street is required. 12.08.010 Residential Driveways 1. Single-family and two-family platted lots shall only take access from an alley, local street, residential lane, or residential collector and shall not take access road that contains a County number (Ex. CR 425), arterial, or highway. 2. Residential driveways on a local street serving single-family or two-family lots shall be separated from a street intersection by a minimum of 50 feet, measured from the right-of-way to the center of the driveway. Residential lots with frontage on more than one non - intersecting street shall take access from the street with the lower classification, if applicable. 3. Residential driveways on a Residential Collector serving single-family or two-family lots shall be spaced a minimum of 70 feet on center and shared driveways are not permitted. Exceptions to this provisions include: a. Does not apply to alley -loaded only lots fronting on Residential Collectors. b. Does not apply if less than 25% of the linear street frontage contains front -loaded lots. c. Distance separation may be reduced to 55 feet if only one side of the street is front -loaded or if the street is divided by a median. d. A platted lot that is 90 feet or greater in width located on a collector -level or higher street may be allowed a second driveway access point irrespective of the 70 -foot separation provision, in full accordance with all setback provisions. e. Slip roads that provide public access along a private driveway serving multiple residential lots, provided that the slip road access to the collector meets the separation. 12.08.020 Non -Residential Driveways 1. Non -Residential driveways shall be no wider than 30 feet, except where a median is present within the driveway. When a median is desired or required, the driveway width shall not exceed 45 feet and the median shall be constructed with a mountable curb. On streets operated by the Texas Department of Transportation (TxDOT), the Development Engineer may defer to TXDOT in circumstances where these standards are not practical. 2. Non -Residential full -access driveways shall be separated from a street intersection and from other driveways in accordance with Table 12.08.020, measured on center or from the right-of- way to the center of the driveway. Minimum separation for right -in, right -out -only driveways shall be determined by the Development Engineer on a case-by-case basis, but in no case be spaced less than 200 feet from a street or driveway. Page 17 of 24 3. Where multiple access points to a site or are desired, the Development Engineer shall have the authority to require the consolidation, closure, or relocation of an existing or planned driveway, even if consistent with the minimum spacing in Table 12.08.020. 4. Non -Residential driveways on double -frontage lots located in a Residential Zoning District shall have offsetting access points from opposing streets to inhibit cut -through traffic. 5. A Driveway Access Permit may require an engineering study or a Traffic Impact Analysis in accordance with Section 3.19 of this Code. Table 12.08.020 Driveway Spacing Page 18 of 24 Non -Residential Driveway Spacing Posted Speed (MPH) Driveway Spacing (Feet) 530 200 35 250 40 305 45 360 50 425 Minimum Connection Spacing Criteria for Highway Frontage Roads Minimum Connection Spacing (feet) Posted Speed (MPH) One -Way Frontage Roads Two -Way Frontage Roads 5530 200 200 35 250 300 40 305 360 45 360 435 >50 425 510 Page 18 of 24 Desirable Spacing between Highway Exit Ramps and Driveways Total Volume (Frontage Road + Ramp) (vph) Driveway or Side Street Volume (vph) Spacing (feet) Number of Weaving Lanes 2 3 4 < 2500 < 250 460 460 560 > 250 520 460 560 > 750 790 460 560 > 1000 1000 460 560 >2500 < 250 920 460 560 > 250 950 460 560 > 750 1000 600 690 >1000 1000 1000 1000 * The standards in this table are derived from the City of Georgetown Driveway Spacing Study, adopted July 2001 and based on AASHTO sight distance standards; and the City of Georgetown Access Management Policy, adopted December 2003. Section 12.09 Traffic Impact Analysis (unchanged) 12.09.010 Purpose To ensure that development impacts are mitigated through specified constructed public improvements and/or financial contributions thereto and that such requirements are proportional to the traffic demands created by a new development. There must be a rough proportionality between the traffic . impacts created by a new development and the associated impact requirements placed on the property owner. 12.09.020 Applicability The road adequacy regulations in this Section apply to land development activities within the City limits and within the City's extraterritorial jurisdiction, as specified in this Section. 12.09.030 Traffic Impact Analysis A. When Required 1. A Traffic Impact Analysis shall be required with any application for a subdivision, Site Plan, Stormwater Permit, or Driveway Permit for which the proposed development generates traffic in excess of 2,000 average daily trips, based upon the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. In the event that specific land uses for the development are not specified at the time of subdivision or plat application, the daily trip generation rate for the most intensive land use from the ITE Manual for the land use classification of the applicatiori shall be used to compute the estimated average daily trips. 2. The Traffic Impact Analysis (TIA) shall be prepared by a licensed professional in accordance with standard transportation engineering practices for purposes of determining the adequacy of the road network to serve the proposed development, and whether off-site road dedication and improvements should be made to mitigate the effects of the development proposed in the application. Page 19 of 24 3. An initial Traffic Impact Analysis shall be submitted with the first application for the development that triggers the requirement. An updated Traffic Impact Analysis shall be submitted with each Final Plat submitted for approval and shall be generally consistent with the initial Traffic Impact Analysis. The initial Traffic Impact Analysis shall be updated whenever a subdivision plat or Site Plan is modified to authorize more intensive development. B. Study Scope When a Traffic Impact Analysis is required, the scope of the analysis shall be determined during a scoping meeting with the Development Engineer. The scoping meeting may occur during any required pre -application meeting, but may also be scheduled after an initial pre -application meeting. No application requiring a Traffic Impact Analysis may be made until the scope of the required analysis has been determined. The Development Engineer may involve representatives of or request assessments from other agencies and departments. The elements to be determined during the scoping session shall include the following. 1. Definition of Impact Area The points of access and key streets and intersections that may be affected by development of the subject tract constitute the impact area. Traffic recorder and turning movement assessment locations shall be determined. 2. Period of Analysis Periods of analysis shall include: average daily traffic, peak AM and PM, or weekend peak hour. 3. Analysis Scenarios Scenarios for analysis include: existing conditions, opening year conditions with and without development, and 10 years after opening with and without development. 4. Process Process for determining trip generation and distribution including: trip generation category, diversion assumptions, distribution assumptions, and capacity analysis. S. Growth Rate Assumption The rate of growth assumed in background traffic assumptions. 6. Future Development Planned developments in the area that have been approved or are under review. C. Traffic Study Elements A letter report or special report shall only include those elements agreed upon in the scoping meeting. A full Traffic Impact Study shall include the following elements. 1. Existing Condition Survey a. Street System Description The street system shall be described including geometric features, lane usage, traffic control, signage, sight distances, and adjacent uses and curb cuts. b. Traffic Volumes Page 20 of 24 Existing traffic volumes shall be provided for the impact area including both ADT (Average Daily Traffic) and "Design' peak hour volumes. ADT shall be derived from the latest available counts taken by the City or Texas Department of Transportation. Peak hour volumes shall be obtained from field counts. Data shall be adjusted for daily and seasonal variations. Turning movement counts for the peak hour shall be provided for critical intersections. Peak hour periods shall be as determined at the scoping meeting. c. Capacity Analysis Existing capacity of signalized and unsignalized intersections. I Other Other items may be required at the discretion of the Director depending upon the type and scale of the project. These may include but are not limited to: queue length analysis, pedestrian counts, accident data, traffic speeds (both 50th and 8511i percentile), and stopping sight distances. 2. Future Without Development Capacity analysis is to be provided for opening year and plus 10 -year for key intersections (and street segments where appropriate) without the development but including any planned developments. The analysis shall be based upon the Highway Capacity Manual or other methodologies approved in advance by the Director. 3. Future with Development a. Projections of the daily and peak hour traffic generation of the project shall be made using the latest edition of the ITE Trip Generation Manual unless the Director determines that locally derived data will provide more accurate forecasts. Data from similar facilities may be used where the information is not available from ITE. b. The projected trips shall be distributed onto the road network as agreed in the scoping meeting. c. Capacity analysis for opening year and plus 10 -year for key intersections (and street segments where appropriate). d. Special analysis as may be required to determine warrants for signalization, minimum safe sight distances, gap analysis, turning radius requirements, queue length analysis, turning lane length analysis, curb cut locations, or similar requirements. 4. Mitigation Plan Where the analysis indicates that the project will create deficiencies in the impact area, improvements shall be recommended which shall include projected cost estimates. The design of improvements shall be in accordance with specifications of the Development Engineer and, where appropriate, the Texas Department of Transportation. The mitigation plan shall also include any dedications necessary to comply with the Minimum Road Standards described below. Where -the final approval authority for any procedure' determines that a mitigation plan is not adequate to address the traffic impacts of the project it may serve as a basis for denial of the permit or subdivision plat. Page 21 of 24 E. Consultants The City may require that an independent licensed professional traffic engineer be hired by the applicant to perform the required Traffic Impact Analysis or to review all or part of a study prepared by the applicant's consultants. F. Minimum Road Standards All applications for plat approval, Site Plan approval, or PUD rezoning shall provide for adequate roads to support proposed development through compliance with the following minimum standards governing dedication and improvement of internal streets and adjacent thoroughfares. For purposes of this Section "adjacent thoroughfares" shall include thoroughfares abutting the proposed subdivision, whether located within the boundaries of the subdivision or within public rights-of-way. 1. Standards and Specifications The property owner shall dedicate and improve all required rights-of-way for internal streets and adjacent thoroughfares required by these regulations in accordance with the classification of streets contained in the Comprehensive Plan. 2. Dedication and Improvement of Internal Roadways and Adjacent Thoroughfares a. The property owner shall dedicate and improve one-half of the right-of-way necessary to meet the specification in the Comprehensive Plan. b. The City may require additional land and improvements for rights-of-way for adjacent thoroughfares where necessary to achieve adequacy of the road network and where such additional land and improvements are proportional to the traffic impacts generated by the proposed development depending on factors such as the impact of the development on the adjacent thoroughfare, the timing of development in relation to need for the thoroughfare, and the likelihood that adjoining property will develop in a timely manner. c. In the case of adjacent frontage or service roads for State and Federally designated highways, the property owner shall dedicate sufficient right-of-way and make authorized improvements in order to provide an adequate road network to serve the development. 3. Substandard Street Improvements Where an existing thoroughfare that does not meet the City's right-of-way or design standards abuts a proposed new development, the City may require the property owner to dedicate the right-of-way for a standard thoroughfare width, and to improve the street according to the dimensions and specifications in the Comprehensive Plan or Sections 12.02 and 12.03 of this Code, depending on factors such as the impact of the development on the thoroughfare, the timing of development in relation to need for the thoroughfare, and the likelihood that adjoining property will develop in a timely manner. ' 4. Capital Improvements Plan for Roads A road improvement may be considered adequate for an application if the required improvement is included, funded, and approved in the City's, County's or State's two- year capital improvements plan for roads or if the improvement is included, funded, and approved in the City's, County's, or State's three to five year capital improvements plan for Page 22 of 24 roads, provided that the applicant agrees to phase development to conform to such scheduled improvement. This Section shall not be construed to prevent the City from requiring dedication of rights-of-way for such roads or from assigning trips to such roads in a traffic impact study in order to determine a development project's proportionate costs of improvements. S. Participation in Costs of Improvements The City may participate in the costs of improvements required by this Section in order to achieve proportionality between the traffic impacts created by the proposed development and the obligation to provide adequate streets. In such cases, the property owner shall be responsible for the entire initial costs of road improvements, including design costs. Reimbursement of the City's agreed share of the costs shall be made as funds become available. The construction of improvements and the provisions for participation in costs by the City shall be included in a subdivision improvement agreement. G. City Evaluation and Action The City shall evaluate the adequacy of the Traffic Impact Analysis prepared by the applicant. Based upon such evaluation, the City shall determine (1) whether the application may be approved in the absence of dedication of rights-of-way or construction of improvements to each affected thoroughfare and (2) the extent of the applicant's obligations to make such dedications or improvements. The City shall condition the approval of the subdivision application on one or more of the following performances by the applicant: 1. Delay or phasing of development until thoroughfares with adequate capacity or intersection improvements are constructed; 2. A reduction in the density or intensity of the proposed development sufficient to assure that the road network has adequate capacity to accommodate the additional traffic to be generated by the development; 3. The dedication or construction of thoroughfares or traffic control improvements needed to mitigate the traffic impacts generated by the proposed development. H. Deferral of Obligation Upon request of the applicant or property owner, the obligation to dedicate or improve thoroughfare rights-of-way or to make intersection improvements imposed on an application may be deferred to a later stage of the development process. As a condition of deferring the obligation to dedicate rights-of-way for or to improve thoroughfares, which deferral shall be in the sole discretion of the City, the City shall require the developer to execute a subdivision improvement agreement specifying the amount and timing of the rights-of-way dedication or improvements to thoroughfares. I. Cash Contributions In lieu of the obligation to dedicate or improve thoroughfares or make trafficcontrol improvements to achieve road adequacy, the applicant may propose to make equivalent cash contributions based upon the development project's proportionate share of the costs of improvements, which the City in its sole discretion may accept in satisfaction of road adequacy standards in this Section. Any funds accepted by the City shall be earmarked for construction of the improvements for which the contribution was made. Page 23 of 24 1. Options Whenever the proposed development's share of the costs of a thoroughfare or traffic control improvement needed to mitigate traffic generated by the development is less than 100 percent, the City in its sole discretion may do the following: 1. Participate in the excess costs; or 2. Aggregate the costs of improving multiple thoroughfares or intersections identified in the Traffic Impact Analysis, and require improvements to only some of the thoroughfares or intersections affected by the development. K. Appeal of Traffic Impact Analysis Conditions Any appeal of a disapproved or denied final action resulting, in full or in part, from a determination that the Mitigation Plan was insufficient shall include the following. 1. The appeal shall allege that recommended conditions requiring dedication or construction of thoroughfares or traffic control improvements are not roughly proportional to the nature and extent of the traffic impacts on the road network created by the development being proposed. 2. The appeal may also allege that the imposition of the conditions deprives the owner of the economically viable use of the land or of a vested property right. 3. The applicant shall provide a study in support of the appeal including the following information: a. Total vehicle miles of road capacity utilized by the proposed development, employing average trip length and equivalency Tables provided by the City. b. Total vehicle miles of road capacity supplied by proposed dedications of rights -of- way or improvements to thoroughfares. 4. The City Council, shall consider the appeal and determine whether the street or traffic control dedication and construction requirements are roughly proportional to the nature and extent of the impacts on the road network created by the development proposed. If the petition also alleges that the proposed dedication or construction requirements constitute a deprivation of economically viable use or of a vested property right, the Hearing body also shall consider such issues. Following such determinations, the appeal Hearing body may take any of the following actions regarding the road adequacy portion of the appeal only: a. Deny the appeal, upon determining that the required dedications of rights-of-way for or improvements to thoroughfares or traffic control improvements are roughly proportional to the nature and extent of the impacts created by the development, and order that such dedication or improvements be made as a condition of approval of the subdivision application. b. Deny the appeal, finding that the dedication or improvement requirements are inadequate to achieve road adequacy, and either deny the subdivision application or require that additional dedications of rights-of-way dedication for or improvements to thoroughfares or traffic control improvements, be made as a conditim of approval of the application. c. Grant the appeal and waive in whole or in part any dedication or construction requirement that is not roughly proportional; or d. Grant the appeal and direct that the City participate in the costs of acquiring rights-of- way or constructing improvements sufficient to achieve proportionality. Page 24 of 24 Chapter 13 Infrastructure and Public Improvements Section 13.01 General The purpose of this Chapter is to ensure the orderly continuation of public improvements for development in Georgetown, through the planning, design, and construction thereof. The intent of this Chapter is to ensure, as part of the development process, the construction of adequate public improvements in a safe, equitable, and efficient manner. 13.01.010 Applicability The provisions of this Chapter are adopted pursuant to Texas Local Government Code Chapters 211 and 212, and the City Charter. 13.01.020 Public Improvements Land proposed for development in the City's corporate limits and extra -territorial jurisdiction (ETJ) shall be adequately served by essential public facilities and services, including but not limited to water distribution, wastewater collection and treatment, roadways, pedestrian circulation, storm drainage conveyance, and park and recreational facilities. Development seeking or requiring connection to a public utility system shall design and install public improvements in accordance with the Comprehensive Plan, and shall meet the minimum requirements established by this Code, the City's Construction Standards and Specification Manual ("Construction Manual") and any other adopted City design or technical criteria. Public improvements required for development under the provisions of this Code include, but are not limited to: A. Stormwater drainage system, including but not limited to drainage easements, channels, storm sewer lines and inlets, in accordance with the provisions of Chapter 11 of this Code. B. Streets, including but not limited to sidewalks, alleys, bridges, and street lighting, in accordance with the provisions of Chapter 12 of this Code. C. Utility system, including but not limited to water, wastewater, and electric infrastructure, in accordance with the provisions of this Chapter. D. Utility services for communications, gas, other electric providers, or other approved service shall be installed in accordance with the approved utility assignment locations and associated franchise agreements. 13.01.030 Public Improvement Exemptions A. 80 Percent Rule Residential subdivisions processed as either a Minor Plat or a Resubdivision where four (4) or fewer new lots are being created may provide certain public improvements to the same or similar level, as determined by the Development Engineer, as the existing improvements serving 80% of adjacent properties that contain a residential or agricultural use. For purposes of this section, "adjacent properties" include properties directly across a street right-of-way from the subject property. The 80% Rule exemption applies to the public improvements required in this Code, except as follows: Page 1 of 20 1. Chapter 11, Stormwater. 2. Section 12.02, Comprehensive Plan roadway right-of-way dedication. 3. Section 12.08, Sidewalks, in the city limits only. Sidewalks in the ETJ are exempt. 4. Section 13.03, Public Utility Easements. 5. Section 13.04, Fire Flow, unless granted an exception as authorized by Sections B.103 and B.105 of the International Fire Code, considering density, on-site storage, sprinkler system, and any other authorized modifications; and 6. Section 13.07, Utility Master Plan infrastructure. B. Residential Rural/Estate Subdivisions Single-family development within the Agriculture (AG) and Residential Estate (RE) Districts, or in the City's extraterritorial jurisdiction ("Residential Rural/Estate Subdivisions') qualify for certain modified standards throughout this Chapter and other chapters of this Code, where specified. It is the intent that these modified standards be used to create a rural -type atmosphere for a development without sacrificing the integrity of current or future infrastructure systems. The resubdivision of a Residential Rural/Estate Subdivision to a density which does not meet the rural exemption shall be upgraded in conformance with this Code. Section 13.02 Public Improvement Requirements 13.02.010 Developer Responsibilities The developer is responsible for payment of all costs of materials and installation of all infrastructure and public improvements required by this Code, unless otherwise specified. 13.02.020 Continuity of Improvements All public improvements shall be designed and installed to provide for a logical system of utilities, drainage and streets, and to create continuity of improvements for the development of adjacent properties. All required public improvements shall be extended along the boundary and/or through the subject property to the perimeter of the subject property. Utility assignments are depicted in the Construction Manual. 13.02.030 Inspection of Improvements A. During the course of installation and construction of the required improvements, the Development Engineer or designee shall make periodic inspections of the construction to ensure that all improvements comply with the provisions of this Code. Construction that fails to comply with the standards and specifications contained or referred to herein shall not be accepted. B. The City will charge engineering inspection fees during construction and for final inspection. The City will not provide layout work or daily inspection. C. Compaction tests on embankments and flexible bases, depth tests on flexible bases and pavement, and pressure tests on piping systems are required prior to final approval. 13.02.050 Acceptance and Maintenance of Improvements A. Upon completion of all required public improvements, the City may consider acceptance of the constructed public improvements only after record as -built drawings have been submitted to the Page 2 of 20 City, which shall include a statement signed by a registered Professional Engineer that all improvements have been installed and constructed in accordance with this Code. B. A written guarantee that all workmanship and materials associated with public improvements shall be free of defects for a period of two (2) years from the date of acceptance by the Development Engineer shall be provided to the City. A two (2) year maintenance bond in the amount of 10% of the total construction cost of all workmanship and materials shall be submitted to the City per the approved City form. C. The City shall not repair, maintain, install, or provide any streets, public utilities or services in any subdivision for which a Final Plat has not been approved and recorded, nor in which the standards contained herein or referred to herein have not been complied with in full. D. Public improvements constructed to a standard varying from City specifications but approved by the City shall be accompanied by a maintenance agreement with a Property Owners Association (or similar organization) for the proper and continuous operation, maintenance, and supervision of such facilities. A copy of the agreement(s) providing for such shall be presented to the Development Engineer and approved as to form by the City Attorney prior to recordation of a Final Plat and shall be filed of record with the plat thereof. 13.02.060 Provision of Utilities A. The City shall not supply water, wastewater, or electricity according to the standards of this Chapter for any tract of land that is not a legal lot, nor shall the City have any obligation to extend utility service to any parcel created in violation of the requirements of this Code. B. A connection to or tap into the City water system, electric system, or wastewater system shall not be made without a permit or express prior written approval. The developer or builder shall make available all necessary materials to make the final tap or connection. C. Temporary utility service may be provided according to the standards and procedures of the utility provider and are not subject to the requirements of this Chapter. Section 13.03 Utility Easements A. Uniform and continuous public utility easements (P.U.E.) shall be provided along all street lot lines at a minimum of 10 feet. If not dedicated by plat, the easement shall be granted at the time of Site Development Plan or by separate instrument, at the discretion of the Development Engineer. The City may consider approval of an alternative easement location other than along the street lot line. B. Alongside major collectors, arterials, and highways, the P.U.E. shall be a minimum of 15 feet. Shade Trees shall not be planted within these easements, unless approved by the Development Engineer. In any P.U.E. with existing overhead electric lines, Shade Trees are prohibited. Ornamental Trees are allowed within all P.URS. C. Utility easements may be required across parts of lots other than as described above, at the discretion of the Development Engineer. If situated between lots, easements for water, wastewater and storm sewer lines shall be at least 20 feet in width. Where the proposed development adjoins an unplatted area, up to a 20 -foot easement may be required along the rear of lots adjoining the unplatted area. Page 3 of 20 D. Where utility easements are not straight due to curved streets, a larger easement shall be provided where needed for overhead electric, at the discretion of the Development Engineer. E. Utility easements maybe fenced if unlocked gates are provided to allow free movement of excavating machines, maintenance equipment and personnel throughout the full length of the easement. Section 13.04 Public Water Standards All development shall be served with an adequate water supply and distribution systems for fire protection and domestic use, unless otherwise specified. The developer shall be responsible for providing infrastructure to an approved public water supply system, including but not limited to, water distribution lines, fire hydrants, valves, elevated metering transmission structures, and water towers, consistent with the City's Comprehensive Plan. All improvements shall be designed and constructed according to the City's Construction Manual. A. Where an approved public water collection main or outfall line is less than one-half (1/2) mile from the property boundary, connection to the public water system shall be required and public water shall be installed throughout the development. B. Extension of water utilities shall conform to the City s adopted Utility Extension and Improvement Policy, as amended. C. The developer shall be responsible for the cost of extension and connection to the existing public water system. D. The water main pipe size for water distribution system improvements and extensions shall be a minimum diameter of eight (8) inches. Water infrastructure shall be of sufficient size to furnish adequate domestic water supply for fire protection in conformance with the City's adopted Fire Code, as amended. Fire hydrants shall be provided in accordance with the Construction Manual. Properties in the ETJ that desire or require fire flow service from the City of Georgetown shall first submit a petition for voluntary annexation, in accordance with Section 3.25 of this Code. E. The design and construction of the components of the public water system shall comply with regulations covering extension of public water systems adopted by the Texas Commission on Environmental Quality (TCEQ). For development that is not served by a public water supply, proof of a safe and adequate water supply shall be provided to the Development Engineer. F. Where an approved public water collection main or outfall line is more than one-half (1/2) mile away from the property boundary, on-site wells may be utilized; however, if the City's Capital Improvement Plan has scheduled the extension of a water collection main or outfall line to be completed to a location point within one-half mile away from the property boundary within five (5) years from the date of the Preliminary Plat submittal, connection to the public water system is required. In such instance, the subdivider shall be required to install a public water system and shall bear the cost of connecting the subdivision to such existing water system. A subdivider -may request an exception or alternative to this requirement, which shall be considered by the Development Engineer or their designee. An appeal of the decision made by the Development Engineer in this regard shall be heard by the City Council. G. Improvements required through the Water Services Master Plan shall be designed and installed in accordance with Section 13.08 of this Code. Page 4 of 20 Section 13.05 Public Wastewater Standards All development, where desired or required, shall be served with an approved public wastewater system, including but not limited to, wastewater lines, manholes, force mains, and lift stations, consistent with the Comprehensive Plan. Properties in the ETJ that desire or require wastewater service from the City of Georgetown shall first submit a petition for voluntary annexation, in accordance with Section 3.25 of this Code. All improvements shall be designed and constructed according to the City's Construction Manual. A. Where an approved public wastewater collection main or outfall line is less than one-half (1/2) mile from the property boundary, connection to the public wastewater system shall be required and a public wastewater collection system shall be installed throughout the development. B. Extension of wastewater utilities shall conform to the City's adopted Utility Extension and Improvement Policy, as amended. C. The developer shall be responsible for the cost of extension and connection to the existing wastewater collection system. D. The wastewater gravity main pipe size for wastewater improvements shall be a minimum diameter of eight (8) inches. E. The design and construction of all wastewater systems shall comply with regulations covering extension of public sanitary wastewater systems adopted by the Texas Commission on Environmental Quality. F. All wastewater systems shall be designed and constructed to operate on a gravity flow basis. In extraordinary circumstances and with the approval of the Development Engineer, lots one (1) acre and greater may design a low-pressure, vacuum, or gravity flow system to minimize the need for lift stations. G. Where an approved wastewater collection main or outfall line is more than one-half (1/2) mile away from the property boundary, on-site septic system(s) may be utilized; however, if the City's Capital Improvement Plan has scheduled the extension of a wastewater collection main or outfall line to be completed to a location point within one-half mile away from the property boundary within five (5) years from the date of the Preliminary Plat submittal, connection to the public wastewater system is required. In such instance, the subdivider shall be required to install a public wastewater collection system and shall bear the cost of connecting to such existing wastewater collection system. A subdivider may request an exception or alternative to this requirement, which shall be considered by the Development Engineer or their designee. An appeal of the decision made by the Development Engineer in this regard shall be heard by the City Council. H. Improvements required through the Water Services Master Plan shall be designed and installed in accordance with Section 13.08 of this Code... Section 13.06 Electric and Communication Standards The City's Electrical Engineer shall design the electrical system for all development, unless otherwise authorized. Where permanent electric service is desired and/or improvements required, the electric improvements shall be installed and maintained in accordance with the following standards: Page 5 of 20 A. For residential subdivisions, all electric distribution lines and individual service lines shall be installed underground. If overhead lines existed prior to underground installation, such poles, guy wires, and related structures shall be removed following construction of the underground infrastructure. B. For non-residential and multi -family development where no existing overhead infrastructure exists, underground electric utility lines shall be required along the street and within the site. Where existing overhead infrastructure is to be relocated, it shall be re -installed underground and the existing facilities shall be removed at the discretion of the Development Engineer. Development occurring in the Downtown Overlay District should be highly encouraged to locate overhead electric underground with the site work. C. Underground electric and communication service lines shall be located and installed according to the Construction Manual. D. Electric transformers and related equipment shall be mounted on pads at ground level. For non- residential development, such equipment shall be located outside of the street yard where practical and preferably located behind the front facade of the primary building structure. Such equipment shall be reasonably separated from pedestrian or vehicular access ways, shall have approved driveway or all-weather vehicular accessibility, shall not conflict with roadway sight visibility, and shall be located outside of future right-of-way. E. Screening of pad -mounted transformers for non-residential development shall consist of barrier fencing or shrub plantings located no closer than three (3) feet from the transformer, except for the entry side of the transformer, which shall have a minimum of 10 feet of unobstructed clearance. The entry side of the transformer shall not face a public street unless located behind the front facade of the primary building structure. The transformer pad shall be located with adequate room for the required landscape screening to be installed consistent with these provisions. Transformers in the Downtown Overlay District are exempt from these requirements. F. Once utility service lines have been installed underground, the installation of new above -ground lines in that location is prohibited. G. The installation of public street lights, and connection of electric service thereto, shall be the responsibility of the developer as provided in Chapter 12 of this Code. H. Installed overhead and underground electric service shall take into account Heritage and Protected Trees when locating new service lines. I. Exceptions or alternatives to the requirements of this Section may be considered by the Development Engineer or their designee. An appeal of the decision made by the Development Engineer in this regard shall be heard by the City Council. Section 13.07 Master Plan Infrastructure The City's Comprehensive Plan includes utility master plans for the water distribution, wastewater collection and electric utility. Each master plan identifies future system improvements that are necessary to meet or exceed treatment and transport requirements for the specific utility. The planning horizon for the plan is up to 20 years in the future. Page 6 of 20 A. Construction of Master Plan Infrastructure When a master plan requires the installation of regional infrastructure on a property, the developer shall extend and construct such facilities at their own expense. When these facilities exceed the utility needs for the specific development beyond the utility minimum size, the facility shall be considered oversized. All necessary easements and/or rights-of-way for such infrastructure shall be dedicated at no cost to the City. B. Oversizing Cost Participation 1. The City may, at its sole discretion, participate with a developer in the cost of oversized facilities based upon, but not limited to the following factors: a) The approved utility budget for the current year; b) The ability of the specific utility to fund any future costs; c) The degree to which the project conforms to and accomplishes the 5 -year CII' priorities; d) The degree to which the project accomplishes the utility Master Plan; and e) The impact to system operations. Any cost participation contract shall be approved by the City Council prior to approval of the Final Plat. 2. Cost participation shall be based upon the cost differential between the master plan line size and the minimum line size required to serve the development, for eligible construction costs. 3. When a line extension is included in the current 5 -year CII', the approved cost participation contract shall provide for the payment to be scheduled during the same fiscal year as the CIP project that would have accomplished the line extension, and after the date of notice of acceptance by the City. 4. The fees shall be calculated by the City based on information from the developer's engineer, using a methodology that apportions the development's projected usage (based upon the minimum pipe size) to the available usage due to oversizing. The developers engineer shall use the City's approved water or wastewater master plan as a basis for calculating residential flow per dwelling unit. Calculations for non-residential units shall be calculated using the latest edition of the "Design Criteria for Sewage Systems," as produced by the Texas Commission on Environmental Quality. S. The calculation of cost participation shall be based on construction costs in effect at the time the connection to the system (the "tap") is made. All calculations shall be submitted to the City for appropriate review, verification, and approval. 6. A cost participation contract is not a guarantee of capacity. Guarantee of capacity is achieved through payment of impact fees. C. Impact Fee Credits When a line extension is included in the 10 -year Capital Improvement Plan (CII'), an Impact Fee credit may be eligible on the fee assessment for each lot in the subdivision. Impact Fee credit shall be calculated based upon the number and size of service connections and the allocation of costs in the Impact Fee calculation, as amended. Page 7 of 20 Section 13.08 Parkland 13.08.010 Requirements for Parkland Dedication A. Dedication of Public Parkland Required Pursuant to the current adopted Ordinance regarding Parkland Dedication, it shall be required that a developer of multi -family residential or subdivider of any residential subdivision within the City's territorial jurisdiction set aside and dedicate to the public sufficient and suitable lands within the appropriate primary or secondary zones established by 13.05.030E, below, for the purpose of public Parkland and/or make a financial contribution for the acquisition of such Parkland in accordance with the provisions of this Section and these regulations generally. 1. All plats receiving subdivision approval of 4 or fewer units shall be exempt from conforming to the requirements of this Section. All other residential subdivisions and multi -family developments shall be in conformance with these requirements through either the combination of public Parkland dedication and/or payment of fees -in -lieu of required Parkland to satisfy the provisions of this Code. 2. In the event the subdivider offers to dedicate land for a public park classification that is defined in the Comprehensive Plan, which meets the design standards of these regulations, and that is three or more acres in size the City shall be obligated to accept the Parkland dedication. 3. Where a subdivider or multi -family developer proposes to develop 50 or fewer lots or units within the subdivision or development and where no future phasing is proposed the payment of fees in -lieu will be required. When the subdivider/or developer proposes to pay an in -lieu -fee as provided for below the Council may accept such payment as satisfying the Parkland dedication requirements of this Code, except that the City reserves the right to require the dedication of land for public park purposes in accordance with this Section when one or more acres of land would be required to satisfy the Parkland dedication requirements of this Code. B. Formula for Calculating Area of Parkland The acreage to be contributed prior to final approval by the Council of any residential subdivision shall be pro -rated in an amount equal to one acre for each 50 new dwelling units projected to occupy any developing parcel. A parcel in which dwelling units were built after February 14, 1988 on an illegal lot shall also pay a fee -in -lieu for the existing units. C. Alternative Dedication within General Development Plan Areas 1. Equivalent Acreage When the residential subdivision is part of an area of land which is required by this ordinance to obtain approval of a subdivision, a subdivider is required to dedicate land in compliance vyith this Section prior to the recordation of the, first record Final Plat for the development. The subdivider shall dedicate land equivalent in acreage to that amount of parkland required for the number of units proposed for the build -out of the Preliminary Plat. The subdivider may request approval of a Development Agreement with the City to dedicate land to the City which may be exchanged by the City in the future for more desirable parkland interior to the subdivision within a defined period of time, not to exceed five years. Land dedicated in this manner shall not be used or characterized as parkland Page 8 of 20 until the expiration of the Development Agreement, in order to facilitate the exchange of the land for the proposed parkland in the future, but will be held by the City in lieu of the proposed future parkland. 2. Land Not Adjacent to First Record Final Plat If the proposed parkland for the residential subdivision is not immediately adjacent to the boundary of the first Final Plat for the development, the subdivider may dedicate the parkland by Final Plat provided that fiscal surety is provided to the City in accordance with this Code for the subdivision improvements required to provide paved street access and utilities to the parkland. D. Fee Payment In -lieu of Parkland Dedication When the amount of land required by this Section is less than three acres the Council may require the subdivider to pay a fee -in -lieu of Parkland dedication. Subdivisions in which dwelling units were built after February 14, 1988 on an illegal lot shall also pay a fee -in -lieu for the existing units. The developer shall tender and pay over to the City said fee prior to recordation of the Final Plat. The applicable fees shall be those established in Section 15.04.045 "Development Process Fees" of the Code of Ordinances and provided in the UDC Development Manual. 13.08.020 Design Standards for Parkland Any land to be dedicated to meet the requirements of these regulations shall be reasonably located and adaptable for use as a public park and recreation facility as defined by the Comprehensive Plan. The Commission shall make recommendations to the Council concerning the suitability of proposed Parkland. The shape of the parcel or tract of land to be dedicated should be appropriate for public parks and recreation purposes. All such Parkland shall be designed and located so as to satisfy the following general requirements: A. The dedicated land should form a single parcel or tract of land at least three acres in size, unless it is determined that a smaller tract would be in the public interest or that additional contiguous land will be reasonably available for dedication to or purchase by the City. B. Public access to public Parkland delineated on a Preliminary Plat shall be ensured by provision of at least 200 feet of street frontage, in a manner satisfactory to the City, preferably a 200 -foot by 200 -foot corner site at the intersection of two internal subdivision streets. At the time the land abutting the delineated areas is developed, the subdivider of such abutting land shall furnish and pay for paving all abutting street frontage and shall provide water and sewer access to the boundary of one side of the delineated area to meet minimum requirements of these regulations. C. The land to be dedicated to meet the requirements of these regulations should be suitable for public parks and recreation activities, specifically: 1. Grade/Slope Requirements: 50 % of the dedicated land area should not exceed 20% grade; 2. Utilities Required: Minimum of 2 -inch water service and 64nch gravity sewer service lines located along at least one property line of the dedicated land; 3. Permanent Property Boundary Markers Required: Above -ground, grade -level survey markers are required to be permanently installed on all property lines of the dedicated land, according to standards established by the City of Georgetown. Page 9 of 20 D. Any disturbed Parkland shall be restored and the soil stabilized by vegetative cover by the developer. E. Areas within the 100 -year floodplain may be dedicated in partial fulfillment of the dedication requirement when the development is adjacent to one of the three forks of the San Gabriel River. Said dedication shall include the entire 100 -year floodplain or a 200 foot strip measured from the center line of the river, whichever is greater. F. The following standards shall also apply to the consideration of Parkland dedication within the 100 -year floodplain. 1. Areas in the 100 -year flood plain not located adjacent to one of the three forks of the San Gabriel River, may constitute up to 50 percent of the requirement of land dedication provided that adjoining land within the 25 -year floodplain is also dedicated, but that such land in the 25 -year floodplain shall not be credited towards the requirements of land dedication or payment of fees. 2. Non -Residential development, although not required to dedicate Parkland, shall be given incentives to encourage the dedication of land within the 100 -year floodplain when located adjacent to one of the three forks of the San Gabriel River. Such incentives shall include, but not be limited to, credit for development intensities that could have occurred in the dedicated portion of the development to other areas within the same development. Said incentives shall be approved by the Commission and Council. 3. That such area shall meet any additional standards specified in the Parkland design standards pertaining to the dedication of the 100 -year floodplain. G. In the case of areas known to contain sensitive environmental features, the City may, at its discretion, waive these standards subject to the following limitations: 1. Such areas shall provide recreational or educational opportunities for the surrounding community. 2. Such areas shall be given a 50% credit against the requirement of land dedication or payment of fees. 3. Such areas shall meet any additional standards specified in the Parkland design standards pertaining to the dedication of areas known to contain sensitive environmental features. H. The location of Parkland may be required at the edge of a subdivision so that additional land may be added at such time as adjacent land is subdivided or acquired for public use. Otherwise a centralized location is preferred. I. The Parks and Recreation Board shall make recommendations based upon the Parkland design standards and the provisions contained herein, to the Planning and Zoning Commission and City Council concerning the amount and location of Parkland, credit for land in the 100 -year floodplain, and/or fees -in -lieu of Parkland dedication. 13.08.030 Park Fund Established A. A separate fund to be deposited at the highest interest rate permitted by law to be entitled "Park Fund" shall be and is hereby created and the money paid by owners, subdividers, and applicants at final approval of subdivision plats shall be held in said fund in trust to be used solely and Page 10 of 20 exclusively for the purpose of purchasing and/or equipping public park and recreational land in the primary and secondary zones as established by this Section which apply to the subdivision. B. At such time as the City Council, based upon the recommendations of the Parks and Recreation Board, determines that there are sufficient funds derived from a certain area in the Park Fund to purchase usable Parkland, the Council shall cause negotiations to be undertaken to purchase the site by mutual agreement or by condemnation proceedings. In making such determination for the purchase of said site, the conditions of Section 13.05.020 above shall be taken into consideration. The principal and interest deposited and kept in the Park Fund shall be used solely for the purpose of purchasing and/or equipping land for public park and recreation uses, and shall never be used for maintaining or operating public park facilities or for any other purpose. Any funds paid in -lieu of the Parkland dedication requirements must be expended by the City within five years from the date received. If not so expended, the owners of the property on the last day of such period shall be entitled to a pro rata refund, computed on a square footage of area basis. The owners of such property must request such refund within one year of the entitlement in writing or such right shall be waived. Said refunds shall be paid within 60 days of the filing of the request with the City Secretary. C. Park dedication zones are illustrated in Figure 13.05,030.D. The zone in which a subdivision is located is the primary zone. Each primary zone has adjacent secondary zones, which are identified in Table 13.05.030.D. The first priority for expenditure of funds is within the primary zone, although these funds may be spent in the secondary zones with the City Council's authorization. The primary zone for a subdivision located within more than one zone shall be each zone that the subdivision is located within. An owner, subdivider or applicant for a subdivision may authorize the expenditure of the park dedication fees for that subdivision in zones other than those defined as primary or secondary with the recommendation of the Parks and Recreation Board and the approval of the Council. All Park Fund money collected prior to the adoption of this Section shall be expended according to these requirements. Review of the park dedication zones will be conducted during each review of this Unified Development Code. D. Primary and Secondary Park Dedication Zones Table 13.08.030.D Park Dedication Zones Primary Zones Secondary Zones 1 2 2 1,3 3 2 4 5,6,7 5 4,6,7 6 4,5 7 4,5,8,9 8 7 9 7,10,17 10 9,17,19 11 12,13 Page 11 of 20 12 11,13,16 13 11,12,16 14 15,16 15 14,16 16 12,13,14,15 17 9,10,18,19 18 17,19 19 10,17,18 E. Park Dedication Zones (Map) Figure 13.08.030.E Parkland Dedication Zones Page 12 of 20 13.08.040 Method of Dedicating Parkland Land accepted for dedication under the requirements of these regulations shall be conveyed by warranty deed prior to Final Plat approval, transferring the property in fee simple to the City of Georgetown, Texas, and must be free and clear of any mortgages or liens at the time of such conveyance. A copy of the warrantee deed shall be provided to the Director of Parks and Recreation prior to recordation. Section 13.09 Subdivision Improvement Guarantee In lieu of full construction of all public improvements prior to Final Plat recordation, a plat may be recorded without acceptance of the required public improvements through the posting of fiscal surety. Fiscal surety shall be provided in an amount of at least 125 percent (125%) of the cost of the required public improvements, as estimated by a licensed engineer and approved by the Development Engineer. The Development Engineer has the discretion to reduce the percentage of the fiscal surety instrument based on the amount of the construction completed. The financial instrument shall state the name of the development or subdivision, and shall list the required improvements and estimate costs thereof. A plat shall not be recorded until financial security is delivered to the City in a form provided by the City and approved as to form and legality by the City Attorney. No release of any security shall occur until the City has formally accepted the improvement that is the subject of such security. Section 13.10 Creation of Special Districts (unchanged) 13.10.010 Purpose and Intent To provide for the prudent use of political subdivisions that are created pursuant to Article III, Section 52, and/or Article XVI, Section 59, of the Texas Constitution and that are authorized by law to provide water, wastewater, drainage, and other services ("districts'), in order to allow development within the City's corporate boundaries and extraterritorial jurisdiction that is generally consistent with the City's Comprehensive Plan. This section is intended to be equitably applied to the creation of, inclusion of land within, and operation of all proposed districts, while allowing flexibility necessary to address unique factors that may arise with respect to each proposed district. Prior to considering whether to consent to or support the creation of a district, the City will consider whether the City is able to provide water and/or wastewater service to the area proposed to be included in the district and whether such area is within the City's projected ultimate city limit boundary. The standards established in this section are intended to carry out the following purposes: • Encourage quality development; • Protect the water quality within all watersheds of the City; • Protect the water quality of the City's drinking water sources; • Allow the City to enforce land use and development regulations consistent with the City's comprehensive plan; Page 13 of 20 • Provide for construction of infrastructure consistent with City standards and City inspection of such infrastructure; • Provide notice to residents of the district that the City may annex the district at some future time; • Facilitate cost-effective construction of infrastructure to serve the area within the district, including police and fire stations, that is consistent with City standards and plans, so that the potential financial burden on the citizens of Georgetown will be reduced, in the event of annexation of such land by the City; • Provide for extension of water and wastewater lines that will serve future growth in the City and its extraterritorial jurisdiction consistent with the City's regional utility planning; • Establish guidelines for reasonable conditions to be placed on; • Issuance of bonds by the district; and • The City's consent to creation of the district, including conditions consistent with the City's water and sewer bond ordinances regarding creation of districts that might otherwise detrimentally compete with the City's utility systems; • Establish guidelines for other mutually beneficial agreements by the City and the district; and • Provide a procedural framework for responding to an application seeking the City's consent to the creation of a district. 13.10.020 Definitions (moved to Chapter 16, Definitions) A. Bond. T }r..«.en ., including h,...,1 not.. eer-ti ficat. of participa4a ,. o ev4denriao r r� e to be aid an issuer or other • - payments a e of hl:g tier that. /! \ ,, : ed re ..., hnde f the issuer's,. hrr..n.:wit.... r. h 0 ,] ` ' hier j ..1 h 't is s+ibeet to . a rrerriatiew, and /O\ is r.ted h.... L L h' h is registered an h ell; r. aknt.knegl L..r that purpose by or on behalf of the :... uer c Cerfifienfe of sonvenipnee and. n .s.. (GO -ll A permit issoeel by the Texas r,,.nF ff:ssior. ,. Envirenmental Quality o N•TCEQ"\ anther-iz;ng a specified utility t.. be the retail water- ,.r .........r G- City Council. City getindl of the City of Georgetawn- D Consent agreement.....a ..Aagreement ht.....e the Cit.. An.7 s ..A developersrs ..L laad .1 dis4iet ...hien if agreed t.. shed! .. be att.hed to th,............ e t rpsaluti..n adopted by the o cy-Coanc`c E. nansent r-ese1 om.A th eh.t:,..... a by e Cit.. . Ca ,.;1 setg Lr}h t.. of its a nt H. C r. ,.L a digtFietF. Consent to er-eati" a a ,... .. .. Ca A' t..: A h ..t:,... L,.r the s ..L 1..r.,7 ; R. G Pislr4et. A1 utility distr:..t (LMU I••)water n atrel and improvement distrirt l�•l A1L`TTI��\ r flesh - supply .1' / t t}CTA/CTI•a\• o similar pel:tical ....hdi;Aq;.. ated t.. ,ide water-, . �a Page 14 of 20 seiver- or drainage it4ity services, ads or et,4._ .....view a4ei ed by law to a speeified ptirsti..«t t.. A rtiele 141 SeEtiGn 57 .,,,a /er Article XVI-, Seetien 50 4 the Texas r' 14L.. ,area ...« C 'i ' a' is (ETj) UR ate gener..11y xtendipg Ave ....:1.... 4he City limit 1 a' o 1. r e rated n'..pap ti. and their- RTr : :-. _1 ieh the City has the author-ib, to annex pfoper-ty, as Eleteffnined in aerardanee with Chapter 42 of the JLBEa4 St__t_.:r 1._ • agreement. nna..tlseti,eeftheCit..and adist_:,.t..aa........:....the o relationship between the J I arpag a-Rd other atte ...... ..t to Se4ion 430754 of tl.e r oral r`......y...Rest /`•.a.. j. T` EQ The Texas Enyi ..tal Quality ualit.... its c Y (' '� 13.10.030 Prerequisites to Consent to Creation of a District A. Before the City Council consents to creation of a district, the following issues shall be considered in accordance with this chapter: 1. If applicable, whether the area proposed for inclusion in the district meets criteria for annexation set out in the City's annexation policy and is within the City's projected ultimate city limit boundary; and 2. Whether the City will provide water and/or wastewater services to the land within the proposed district at a reasonable cost and will commence construction of facilities necessary to serve the land within 2 years and substantially complete such construction within 4112 years after submittal of the petition pursuant to the City's policies on the extension of utility services. B. If the determination on both issues 1 and 2 above is negative, then before consenting to the creation of a district, the City Council shall consider further whether the creation of the district is feasible, practicable, necessary for the provision of the proposed services and would be a benefit to the land, and therefore warrants the City's consent consistent with the other considerations in this policy. C. If the determination on either of the two issues is affirmative, then the City Council shall not consent to creation of the district unless the applicant demonstrates that unique factors justify its creation. If appropriate under the circumstances, the City shall: Commence negotiations with the owners of at least 50 percent of the land in the proposed district and a majority of the qualified voters concerning the City's provision of water and wastewater services, upon receipt of a petition submitted by such persons in accordance with Local Government Code, Section 42.042; or 2. Commence proceedings to annex the land in the proposed district. 13.10.040 Staff Analysis Upon receipt of an application seeking the City's consent to creation of a district and after a preliminary determination of the prerequisites in Section 13.10.030, City staff shall analyze the proposed development and its potential impact on facilities and services. The applicant shall provide the following preliminary information relative to the land proposed to be included in the district, if available: A. Engineering report showing: Page 15 of 20 1. Preliminary water availability study, including copies of any proposed contracts, 2. Preliminary wastewater treatment availability, including copies of any proposed contracts; 3. Preliminary drainage study; and 4. Preliminary road study for any roads proposed to be reimbursed by bonds. B. Preliminary cost estimates for water, wastewater, drainage or road facilities or projects, and any other proposed district facilities to be reimbursed or paid for by the issuance of district bonds; C. Master development plan showing general layout of proposed land uses; major streets and roads; water, wastewater, and drainage facilities; and any other district facilities; D. Information concerning provision of firefighting and law enforcement services; E. Estimated build -out schedule by year with estimated assessed valuations in the district; F. Estimated ultimate amount of bonds to be issued by the district, ultimate debt service requirements, and projected district tax rate; G. District boundary and vicinity map; H. Traffic study identifying potential impacts on: 1. The City's road system serving the land proposed to be included in the district, if all or any portion of the land is located within the City or within two miles of the City's boundaries; and 2. The county's road system, this traffic study is in addition to any traffic studies required by the City's subdivision regulations in connection with submittal of subdivision plats; 3. If all or any portion of the proposed district is located outside the City's boundaries, proof that the applicant has provided the following information by certified mail to the Williamson County Judge and each member of the Commissioners Court: the name, acreage, and location of the proposed district, build -out schedule, estimated population on total build -out and map of the area; 4. Such other information as City staff may reasonably require to analyze the need for the proposed facilities and the development's potential impact; and 5. Any proposed City consent agreements. 13.10.050 Conditions to City's Consent to Creation of a District If the City Council elects to consent to the creation of or inclusion of land within a district, then it shall impose the following requirements as conditions of the City's consent, and such requirements shall be stipulated in the consent resolution and/or other ancillary agreement, unless the City Council determines that requirements are not appropriate with regard to a specific district. A. Alfwater, wastewater, drainage, and road infrastructure and facilities as well as any other infrastructure or facilities to be reimbursed or paid for by the issuance of district bonds, shall be designed and constructed to City standards, including without limitation fire flow standards and utility and road design, construction and installation standards, in accordance with plans and specifications that have been approved by the City. In the event of a conflict between City water and wastewater standards and standards imposed by the CCN holder for the proposed district, City standards shall prevail, unless otherwise agreed by the City. Page 16 of 20 B. The City shall have the right to inspect all facilities being constructed by or on behalf of the district and to charge inspection fees consistent with the City's inspection fee schedule, as amended from time to time. C. Bonds, including refunding bonds issued by the district, shall, unless otherwise agreed to by the City, comply with the following requirements, provided such requirements do not generally render the bonds unmarketable: Maximum maturity of 20 years for any one series of bonds; 2. Interest rate that does not exceed 2% above the highest average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one month period preceding the date notice of the sale of such bonds is given; 3. The bonds shall expressly provide that the district shall reserve the right to redeem bonds at any time subsequent to the tenth (10th) anniversary of the date of issuance, without premium. No variable rate bonds shall be issued by a district without City Council approval; and 4. Any refunding bonds of the district must provide for a minimum of 3% present value savings and that the latest maturity of the refunding bonds may not extend beyond the latest maturity of the refunded bonds unless approved by the City Council. D. The City shall require the following information with respect to bond issuance: 1. At least 30 days before issuance of bonds, except refunding bonds, the district's financial advisor shall certify in writing that the bonds are being issued within the existing water, sewer, or drainage facilities in the county in which the district is located and shall deliver the certification to the City Secretary, and the City. 2. At least 30 days before the issuance of bonds, the district shall deliver to the, City Secretary, and the City Manager notice as to: a. The amount of bonds being proposed for issuance; b. The projects to be funded by such bonds; and c. The proposed debt service tax rate after issuance of the bonds. d. If the district is not required to obtain TCEQ approval of the issuance of the bonds (other than refunding bonds), the district shall deliver such notice to the City Secretary, and the City Manager at least 60 days prior to issuing such bonds. Within 30 days after the district closes the sale of a series of bonds, the district shall deliver to the City Secretary and the City Manager a copy of the final official statement for such series of bonds. If the City requests additional information regarding such issuance of bonds, the district shall promptly provide such information at no cost to City. E. The purposes for which a district may issue bonds shall be restricted to the purchase, construction, acquisitions repair, extension and 'improvement of land, easements, works, - improvements, facilities, plants, equipment, and appliances necessary to: 1. Provide a water supply for the district for municipal uses, domestic uses, and commercial purposes; 2. Collect, transport, process, dispose of and control all domestic, industrial or communal wastes from the district whether in fluid, solid, or composite state; Page 17 of 20 3. Gather, conduct, divert, and control local storm water or other local harmful excesses of water in the district; and 4. Pay organization and administrative expenses, operation expenses during construction, cost of issuance, interest during construction, and capitalized interest. S. If appropriate in a particular district, the City may consent to issuance of bonds for purchase, construction, acquisition, repair, extension, or improvement of fire stations, roads, and/or other capital improvements that are mutually agreed upon by the City Council and the applicant. F. The district shall contain sufficient acreage to assure the economic viability of the district but no more acreage than can feasibly be annexed at one time. In general, a district is not expected to include less than 200 acres or more than 500 acres. G. Development within the district shall be consistent with the City's Comprehensive Plan. H. No district shall include land in more than one city's Extraterritorial Jurisdiction. I. The City and the owners of all land in the proposed district shall reach agreement on the terms of a development agreement pursuant to Local Government Code, Section 212.171, et seq. to extend the City's planning authority over land included in the district by providing for approval of a development plan, authorizing enforcement by the City of land use and development regulations, and including other lawful terms and considerations the parties consider appropriate. The development agreement shall include provisions relating to the following matters: 1. Land use plan reflecting all approved land uses and residential densities; 2. Compliance with City construction Codes, including permit requirements; 3. Compliance with City and other applicable stormwater and water quality regulations; 4. Development standards comparable to City zoning regulations; and 5. Dedication and development of park land, open space, and trails. The above list is not intended to be exhaustive. It is expected that the parties will cooperate to identify those matters unique to the district that may be addressed in a development agreement. 3. At least 30 days before issuance of bonds, the district shall certify in writing that the district is in full compliance with the consent resolution approved by the City Council and, to the extent such agreements impose requirements on the district, with the consent agreement, strategic partnership agreement and all other agreements executed by the City and the district, and shall deliver the certification to the City Secretary, and the City Manager. K. No land within the district shall be allowed, at any time in the future, to incorporate, join in an incorporation, or be annexed into any incorporated city other than the City of Georgetown. L. No land shall be annexed by the district without prior City Council approval. M. The district shall not construct or install infrastructure or facilities to serve areas outside the district or sell or deliver services to areas outside the district without prior City Council approval. N. After creation of the district and unless otherwise expressly authorized by the consent agreement or development agreement no district shall be converted into another type of district, Page 18 of 20 consolidated with another district, divided into two or more new districts or seek additional governmental powers that were beyond its statutory authority at the time the district was created, without prior City Council approval. O. If allowed by law, the City may annex any commercial development within the district for limited purposes pursuant to Local Government Code, Section 43.0751, and may impose a sales and use tax within the area annexed for limited purposes. If limited purpose annexation is not allowed by law, then the City may not consent to inclusion of commercial retail areas within the district. The City may consider sharing tax receipts with the district, provided the district's share is used to finance infrastructure, retire bond debt or for other purposes acceptable to the City. P. The district shall not issue any bonds other than those authorized by the consent agreement without City Council approval. Q. The district shall file a notice in the real property records of all counties in which the district is located stating that the City has authority to annex the district. The parties may attach a form of such notice to the consent agreement or development agreement. R. The district shall send a copy of the order or other action setting an ad valorem tax rate to the City Secretary, and the City Manager within 30 days after district adoption of the rate. S. The district shall, send a copy of its annual audit to the City Secretary, and the City Manager within 30 days after approval. T. The City shall encourage the district to maintain a debt service structure that will ensure that the district's taxes are maintained ata rate at least equal to the City's tax rate, to the extent feasible. U. The district shall provide copies of any material event notices filed under applicable federal securities laws or regulations to the City Secretary, and the City Manager within 30 days after filing such notices with the applicable federal agency. V. Construction of capital improvements such as fire stations and recreational amenities shall be encouraged. W. Sharing of fire stations, recreational amenities, and other capital improvements by the City and the district shall be encouraged. X. If construction or expansion of a wastewater treatment facility is proposed to serve the district, the plant design shall conform to all applicable state and federal permitting and design standards. In addition, any wastewater discharge shall be permitted to meet effluent limitations no less stringent than 5-5-2-1 (5 parts per million {"ppm'} biochemical oxygen demand; 5 ppm total suspended solids; 2 ppm nitrogen; and 1 ppm phosphorus) or the current limits in permit(s) held by the City, whichever is strictest. The City reserves the right to protest any wastewater treatment facility permit application or amendment. Y. The board of directors of the district and landowners within the district shall assist the City in annexing one or more areas as reasonably necessary for the City to connect areas to the City that are outside the district and that the City intends to annex in the foreseeable future. Z. The City shall require the district to complete a traffic impact analysis pursuant to Section 12.05 of this Code. AA. The City may agree not to annex and dissolve the district any earlier than the first to occur of: (i) extension of water, sanitary sewer, and drainage facilities to serve 90% of the land within the Page 19 of 20 district; or (ii) 15 years after creation of the district. The contract between the City and the district may provide that the City may set rates for water and/or sewer services for property that was within the district that vary from those for other properties within the City in order to compensate the City for assumption of district obligations upon annexation, in compliance with any statutory requirements applicable to such an agreement. AB. The consent agreement and ancillary documents shall include terms providing for the district to be fully developed and ready for full purpose annexation by the City within a reasonable time period. AC. The applicant shall reimburse the City for expenses incurred by the City in connection with the City's consent to formation of the district, including but not limited to professional fees incurred in connection with negotiation and preparation of the consent resolution, consent agreement, development agreement, strategic partnership agreement, and related documents. 13.10.060 City Operations Compensation Fee A fee shall be assessed for each residential unit within the district equal to the proportion of City operations attributed to serving residents of the district. The fee shall be calculated as follows: B= Total General Fund budget for the fiscal year in which the consent application is filed. P = The estimated population of the City at the time the consent application is filed. H = The estimated average household size within the City at the time the consent application is filed. D = The percentage of City services used by district residents. This percentage shall be adopted by the City annually as a part of the City's budget adoption process. Y = Number of years of duration of the district. R = Discount rate. This rate shall be adopted by the City annually as a part of the City's budget adoption process. PV = Present value. City Operations Compensation Fee = PV(R,Y,-((B /(P /H)) * D)) Example: B = $24,000,000 P = 41,000 H=2.8 D=15% Y=20 R=6% Fee = $2,819.92 Page 20 of 20 Chapter 16 Definitions Section 16.02 Definitions Abutting. ;moo Sharing a 1roo_erty line or common border or a portion of a properh, line or common border. Alley._ A . +iblie , ..,t,, tFaffie ;vay, .-a_..... E)f aces See Street, Alley. Alternative Parking Plan A plana1212roved by the Director that allows for alternatives to the vehicular parking, stacking and loading requirements in Chapter 9 of this Code. AASHTO. American Association of State Highway and Transportation Officials. Average Daily Trip (ADT) The projected or counted amount of traffic traversing a street. Used often as a modeled or calculated measurement of expected traffic generation for a development or neighborhood in order to determine roadway adequacy. Back -of -curb. The outside edge of an approved curb type not adjacent to a travel way. The basis of measurement for paved width and curb basis within this Code. Bicycle Lane. An on -street defined travel lane for the exclusive use of bicycles. Bikeway. All that b b existing b b and faeilkies b Block. One or more parcels together forming a unit of land bounded by through -streets, railroad rights-of-way. watercourses public parks, cemeteries, rural land, or any other barrier to the continuity of development or any combination thereof. In cases where the platting is incomplete or disconnected, the Planning, Director shall determine the outline of the block. ^ —a -e , Pngtzply ._..,......de J 0..- .. ublie stFeet,. highways, FailraaL4 .:..14 4_...a.. p.--iblie ...11,E part... or gFeen ,.t.:.-,. rural 1......7 .J...:......,..-1.anflels .. a h41..:.,..t...-, tl.,.......t oleele Length- l. length Tof „ st feet bet...een the .intersection of said st eet and ..Ehler- st. eet 1PS.q ethpnvispdietated by aL& /",.,1.. meas. ed L..,...., the ,.e ter ,...:..t Of t.......aFeet,. Bond. A sealed instrument under which a person or entity is obligated to pay an agreed-upon amount of money on or before a specified expiration date or action. Binding security; fine assurance. A faFfa ..c..,.,ufit.,:..,a..a:4,. a .-1.,L.pesit siafety bend, jg_,._.,._t,., OF ,.t_..».,...t,.G Certificate of Convenience and Necessity (CCN). A permit issued by the Texas Commission on Environmental Quality (//TCEO//) authorizing a specified utility to be the retail water or sewer service provider in a specified area. Comprehensive Plan Roadway or Thoroughfare. A street or trail identified in the CiVs Overall Transportation Plan as an existing or future roadway needed to accommodate the current and future transportation needs of the corumunityIncludes Major Collector, Minor Arterial, Major Arterial, and any identified public trail or railway. Connectivity Ratio A numerical calculation determined by the number and linkage characteristics of streets within a subdivision. Consent Agreement. An agreement between the City and owners and developers of land in a proposed district which if agreed to shall be attached to the consent resolution adopted by the Citv Council. Consent Resolution. A resolution approved by the City Council setting forth terms of its consent to creation of a district. Construction Specifications and Standards Manual. Referred to often in this Code as the "Construction Manual," this ON of Georgetown document includes standard details and specifications for the construction of public improvements. Curb. A defined concrete edge of a street, which may or may not include a stormwater gutter. Curb Mountable. Also described as a rollover or roll -up curb, a Mountable Curb is a street border that has sloping faces that allow vehicles to easily encroach upon on them and is not considered a vehicular barrier curb. Mountable Curbs are considered a combined curb tvpe that is the primary component of a stormwater convevance system that carries alongside a roadway. Curb, Ribbon. Also described as a lav -down curb a Ribbon Curb is a street border that is generalh, flat and is not considered a vehicular barrier curb. Tvj2ically associated with sheet -flow or open ditch stormwater conveyance and does not carry stormwater laterally alongside a roadway. Curb Vertical. Also described as a stand-up curb or barrier curb, a Vertical Curb is a street border that is generally accepted as a safety barrier separating vehicular traffic from a building sidewalk or other area where vehicles are not desired. Typically paired with a defined stormwater conveyance gutter that carries stormwater laterall)f alongside a roadway. Curb Basis. The dimensional area between the back of a street curb and the outside of the right- of -way. Curb Stop A concrete barrier secured to a parking stall to stop the tire of a moving vehicle Cut -Out Parking. A designated street parking lane with defining characteristics separating it from the primary travel wav of the street Cut-out areas are typically seen in residential neighborhoods and in the downtown area. Graphical design of cut-out parking can be found in the Chapter 12 Technical Appendix. Developer. A person or entity partaking in an activity governed by this Unified Development Code including but not limited to division of land erection or modification of buildings, construction of public improvements or any other alteration of land or property subject to this Code The term "developer" may include the terms "property owner" "subdivider" "applicant" and/or "builder" as the parties responsible for successive stages of a development project may Vary. Development. Initiation of any activity,governed by this Unified Development Code related to land or property modification whether for imminent or future construction activities including, but not limited to division of a parcel of land into two or more parcels; alteration of the surface or subsurface of the land including grading, filling, or excavating; mining or drilling operations; clearing or removal of natural vegetation and/or trees; installation of public infrastructure including utilities roadways and drainage facilities; and construction or enlargement of any building structure or impervious surface Exclusions from this definition include maintenance of lawns gardens and trees; repairs to existing utilities; minimal clearing of vegetation for surveying and testing: and bona fide agricultural activities.-he term "develef9ment" `"eludes ^ of Ole fallevAnD b > •Id D ' nH ion of ayuse of lapel; an�- elearinD g.._diAg , , e 4er fnav- for the Eenstfuction, b' O ' L .,..y builli.,.._ , r st-.-uet....e e, Eeeeding, 144square feet in area. Drive Aisle. The vehicular travel ways within a development that provide access to buildings, parking spaces. loading sl2aces and other areas of the property. A drk e aisle does not constitute nor equal a public or private street. Driveway. A private feadway travel way providing vehicular access s from a street to the adjacent property. ,.long spaee, agafag, dweII4i, , other stfticture. Driveway Non-Residential. A driveway serving typically non-residential development. including multi-familv and townhouse uses. Driveway Residential. A driveway serving single- and two-family uses. Dwelling or Dwelling Unit, Accessory. A small separate dwelling unit, either detached or attached to the principal dwelling unit, which includes full kitchen facilities and living quarters. Often referred to as "guest homes", "granny flats", "garage apartments", or "mother in law units", accessory dwelling units are intended to be integrated into primarily single family neighborhoods to provide housing alternatives for a variety of age groups and income levels with minimal impact on the character of the neighborhood hil,...revidiag i..ea fae fef e liamea ..,o_ lk-41g in the d Electrical Engineer. The person designated by the City's electric utilityto make decisions regarding121acement design procedures and other authorized determinations regarding electrical public improvements. Existing Street Connection A public street connection to an existing public street that ultimately connects in two or more locations to a Major Street. Future Street Connection. A public street stub to an adjacent property that will not immediately connect to a public street and the ultimate connection is dependent upon the development of the adjacent property. Impact Fee A user fee charged for connection to the public utility system. Internal Roadway. A street that is entirely within a subdivisibn but not located alonk the boundary. Does not constitute or equal a Perimeter Street. Intersection Spacing The length of a segment of street as measured between the centerlines of two through streets (both on the same side of the street segment to be measured). Level of Service (LOS) A qualitative assessment of a road's operating conditions, indicating capacityper unit of demand a street based on and related to the operational characteristics of the facili . Lot Platted A parcel of land identified as an individual lot on a subdivision plat recorded in the Williamson Countv Plat Records. Median A raised or depressed curbed division of travel lanes. Does not include a "flush" median, which acts only as a painted division of travel lanes. May be of a pervious or impervious surface but is typically covered with grass landscaping, trees and may contain pedestrian facilities. Multi -Modal The availability of multiple modes of transportation within a system or corridor, which may include but not be limited to, vehicles, pedestrians, cyclists, and transit. Numbered County Road A public roadway within the jurisdiction of a county which contains a numbered designation. For example: CR 140. Oversized Utility Line A utifity facility that is described in the City's water or electric master plannecessary to accommodate current and future users. May be constructed by various parties with potential cost-sharing partnership opportunities. Parcel. Continuous land area owned by or controlled by the same person or eiitith_A+1111 dl,.,....:t.9.J .. Fa 8f 1..«,J Parent Tract. The original tract of land as described by deed from which one or more lots are to be subdivided from T dose.;bed by deed Elated ._ sF to r4ay. 19 4977 of Plat-, whieh Paved Surface. An area surfaced with single or multiple -course surface treatment, asphalt, concrete, pervious concrete, or grasscrete pavement constructed on a base course or similar all- weather surface,-. Does not includinge gravel, grass, stones, decomposed granite, or similar unpaved materials. Also does not include existing concrete strip driveways allowed for residential parking areas called "Approved Surfaces" in Section 10.16.010 of the City Code. Paved Width. The dimensional width between the back of a street curb to the back of a curb across travel lanes. Does not include a median. ol.-a ul..:y.,.- A..:fi,...11y. defined.. ,y.A.yN,...,. ,.F R.:.. C,.a„ t., �d A..,.�� ,7a:....1Ne& r tien to sr J o kq A 1r o r r J .. F lydiyisien A Plat 147a_iy i� do ,. .. s Retstatute a V,.:..nee s tl...a dl fi a in 1,' Code, a «l.... plies to ,.,...t..:« lqr-evisieRs relagff. to S,.bdilzidi g a let of Property Owner's Association An entity established to represent the interests of property owners within a defined area and may include maintenance and enforcement responsibilities. Reserve Strip. A narrow strip of property usually separating_a parcel of land from a roadway or utility line easement, that is characterized by limited depth, wit -will not support development and is�mav prevents access to #tea roadway or utility easement from adjacent property,anEI 1. • r.y. ^ 1 J V rehibi4ed by tL.,...,...egulatiens .... ess their eantral is given to the City. Residential Rural/ Estate Subdivision. A subdivision that is zoned either AG (Agriculture) or RE (Residential Estate) if within the City Limits or a subdivision in the extraterritorial jurisdiction (ETJ) that is platted for single-family residential development with lots of at least one acre in size: Right -of -Way Flare. A diagonal cut-back between two public street rights-of-wav specified in Chapter 12. Setback Garage. A setback located alon.- and generally parallel to a street right-of-wav indicating the minimum distance required between front facing agarage or carport access and the street right-of-way. Setback, Side. The setback located along, and generally parallel to, any side lot line, extending the full idti} death of a lot. Shared -Use Path. A paved pathway accommodating pedestrians and bicyclists, meeting accessibility standards Differentiated from a "hike -and -bike trail" which may be a pervious material and not accessible. Sidewalk Clear Zone. The dimensional area between the curb or edge of pavement (where no curb exists) and a pedestrian facility such as a sidewalk trail or pedestrian accessway.The clear zone is established to protect pedestrians from vehicular movements as determined by speed and street classification. Sidewalk Fund. A fund established to acct and distribute revenue in accordance with the provisions of this Code for the purpose of constructing public sidewalks and/or trails. Sight Triangle. The triangular area formed by an invisible diagonal line at the corner of either two intersecting street right-of-way lines, the edge of street lines, the edge of a driveway or combination of two thereof, as specified in Chapter 12. The Sight Triangle exists to prevent sight obstruction for motor vehicles, pedestrians, etc. May also be referred to as "street visibility triangle" or "sight distance triangle' Site Development Plan. A detailed site layout plan containing sufficient information to evaluate the land use, construction plans, and architectural harmony of the proposed development including compatibility of the development with nearby areas. A Site Development Plan shall follow the requirements and approval procedures of Section 3.09 of this Code and the Development Manual. Special District A municipal ufifity district ("MUD"), water control and improvement district ("WCID") fresh water supply district ("FWSD"), or similar political subdivision created to provide water, sewer or drainage utility services, roads, or other services allowed by law to a specified area pursuant to Article III Section 52 and/or Article XVI, Section 59, of the Texas Constitution. Strategic Partnership Agreement. An agreement between the City and a special district addressing the relationship between the City and the district including limited purpose annexation of commercial areas and other matters pursuant to Section 43.0751 of the Local Government Code. Street. An improved surface used for the transport of automobiles and other motor vehicles from one location to another. Includes the term "road" and "roadwav" Street, Alley. An alley is a passageway designed primarily to provide access to or from the rear or side of property otherwise abutting on a public street. Street, Arterial. A street designed to carry large volumes of local and regional traffic into or out of the city which provide for efficient vehicular movement between distant locations, decreasing traffic on local and collector streets. Separated in this Code by Minor and Major classifications, the specific characteristics and average daily trip ranges of ••each can be found in Seer 42-.93Chapter 12 of this Code. Street Cul-de-Sac. A street or series of connected streets that has a single approved vehicular access point.',...,:.., enc „_a ape.. t,yehi..,laF tra ffi . and having one end terminated by . appreved Street, Collector. A street that connects and distributes traffic between Arterial Streets and Local Streets providing access and movement between neighborhoods, parks, schools, retail areas and the arterial street system.. A collector street mayeaa serve both residential and commercial development, depending on the type of collector and average daily traffic volume. Separated in this Code by Residential, Neighborhood and Major classifications, the specific characteristics and average daily trip ranges of which each can be found in geetie"Chapter 12 of this Code. See also "StrcetL, "Reside -l�eeter" and "ct_eet Major- Collector" Street Context Sensitive. A street constructed to the alternative cross-sections depicted in the Overall Transportation Plan to allow for design characteristics compatible with adjacent development. Street, freeHiahway. A controlled-access divided street or highway that is intended to move high traffic volumes over long distances and serve as primary routes throughout the region. Includes the term "highwayfreeway" and "expressway: Ct, eet Half, St,eptq .Atli tial f the i id h of the requi.-ed right of way an the 1.,.,.... ing edge of a Street Landing. The area of an intersection where the grades of the respective streets need to be sufficiently flat to accommodate an accessible crosswalk. Street, Loaded. A street that allows for vehicular access driveways. Street Local — Downtown. A street located within the Downtown Overlay District that carries a Local Street cross-section design. The characteristics of this street can be found in Chapter 12 of this Code and in the Downtown Master Plan, May be designated as a collector or arterial in functionality. Street Local (Tree Alternative). A Local Street designed to the alternative cross-section identified in this Code that accommodates Street Trees within the right-of-way. Street/ b Pilaje,. A i 1 1 .pl e4: high..,...,....J.. ay as ..1..,.giAPd in the Overall Tfansperta4ap_ 121x. T R.jeF Streets ..fa ideahigl.degree of raebilit.,...;th high t..a ieValuffles ,......iRg ....._..wAafy 4m;PeEgetawn and en a feg4eaal basis. Street Neighborhood A street that primarily serves the local traffic needs a subdivision, neighborhood or development with relatively low traffic counts and lower speeds. Street types include Residential Lanes Local Streets, Residential Collectors and Neighborhood Collectors. Street Perimeter. A street directly abutting a development or subdivision, whether the street is external to, partially or wholly within the boundary. Street, RuFal ResidentialRural / Estate .Astreet serving R+ffal-ResidentialRural/Estate Subdivisions that may include roadside ditches in lieu of curb and gutter and other generally rural roadway features. Rural qtreptq iFirlu.Fie feFidenlial and eell Iter e4as.ifkatien. erified c,,,.,-: e 13.04. � Street; Stub. A non -permanent, dead-end street intended to be extended in conjunction with the subdivision and development of adjacent land. Street Through-. A street having, two distinct points of ingress and egress from two other through -streets Allevs cul-de-sacs and loop streets shill not be considered through -streets. Street Tree. See Tree Street Subdivision Variance. See Variance, Subdivision Tandem Parking Space A paired parking space accommodating two or more vehicles that are parked directly behind each other that is only accessed by passing through another parking space from a street, lane, drive aisle or driveway. Total Street Connections. The total number of street connections to the ultimate street network, including connections to existing public streets and future stubs to adjacent properties. Transportation Improvement Program (TIP). Staged multi-year program of transportation projects consistent with the Overall Transportation Plan. Tree Street An approved Shade Tree planted within the right-of-way in accordance with this Code. TXDOT. Texas Department of Transportation. Unloaded Street. A street where vehicular access driveways are outright prohibited or provisionally allowed Includes Neighborhood Collectors, Major Collectors. Arterials and Highways. Variance, Zoning. A grant of relief to a person from the Zoning requirements of this Code when specific application thereof would, result in unnecessary hardship, as determined by the Zoning Board of Adjustment. A Zoning Variance, therefore, permits construction or development in a manner otherwise prohibited by this Code ordinanee. Does not constitute nor equal aT"�8 an14nd Subdivision Variance. Variance Subdivision. AAgrant of relief from the Subdivision requirements of this Code, as determined by the Planning and Zoning Commission. Subdivision Variances may be considered to the provisions o* as specified within this Code. A Subdivision Variance permits construction or development in a matter otherwise prohibited by this Code Does not constitute nor equal a Zoning Variance. WallewayPedestrian Accessway. Walkways -Pedestrian Accessways are strips or sections of concrete or stone not typically located adjacent to vehicle roadways, which provide pedestrian access to or through property. This area must be kept free of obstructions, both temporary and permanent.