E Tl lux D Farmersville DISCO URI FARMERSVILLE CITY COUNCIL REGULAR SESSION AGENDA March 17, 2025, 6:00 P.M. Council Chambers, City Hall 205 S. Main Street Farmersville, Texas 75442 WATCH THE LIVE BROADCAST This meeting will be broadcast live through the City's website and by telephone. Members of the public who wish to watch this meeting, and not speak or participate in the discussion, may watch the live broadcast by 1. Going to the City's website; 2. Clicking on GOVERNMENT'; 3. Clicking on "AGENDAS AND MINUTES"; 4. Clicking on the "click here" link that is located to the right of "LIVE STREAMING. " PUBLIC DECORUM AND DISORDERLY CONDUCT The Mayor shall ensure that all comments addressed to the body be factual in nature, relative to City business. The Mayor shall require that all persons speaking address the body with respect, decorum and prevent personal and disparaging comments. City Council may not respond to citizen comments except as provided and the Mayor shall ensure that members of the governing body address the public with respect, decorum and prevent personal and disparaging comments. The making of disparaging remarks may rise to the level of disorderly conduct and the person may be removed as allowed by law. I. PRELIMINARY MATTERS Call to Order, Roll Call, Prayer, and Pledge of Allegiance > Announcements > Swear In/Oath of Office for Tonya Fox, City Council, Place 5 > Introduction of the new City of Farmersville, Finance Manager, John Lawrence > Calendar of upcoming holidays and meetings City Council Agenda March 17, 2025 II. PUBLIC COMMENT ON AGENDA ITEMS (FOR NON-PUBLIC HEARING AGENDA ITEMS) If you wish to address the City Council on a posted item on this agenda, please fill out a "Speaker Sign-Up" card and present it to the City Secretary before the meeting begins. Pursuant to Section 551.007 of the Texas Government Code, any person wishing to address the City Council for items listed as public hearings will be recognized when the public hearing is opened. Speakers wishing to address the City Council regarding any non-public hearing item on this agenda shall have a time limit of up to three (3) minutes per speaker, per agenda item. The Mayor may reduce the speaker time limit uniformly to accommodate the number of speakers or improve meeting efficiency. III. CITIZEN COMMENTS ON MATTERS NOT ON AGENDA If you wish to address the City Council on a matter not posted on this agenda, please fill out a - Speaker Sign-Up" card and present it to the City Secretary before the meeting begins. Speakers shall have a time limit of three (3) minutes. This meeting segment is limited to a total of thirty (30) minutes. IV. CONSENT AGENDA Items in the Consent Agenda consist of non-controversial, or' "housekeeping" items required by law. Council members may request prior to a motion and vote on the Consent Agenda that one or more items be withdrawn from the Consent Agenda and considered individually. Following approval ofthe Consent Agenda, excepting the items requested to be removed, the City Council will consider and act on each item SO withdrawn individually. A. City Council Minutes (Regular Meeting 03-03-25) B. Fire Department Report C. Police Department Report D. Library Report V. INFORMATIONAL ITEMS These Informational Items are intended solely to keep the City Council appraised of the actions and efforts of the various boards and commissions serving the City of Farmersville. Council members who serve as a liaison to a particular board or commission may report to the City Council regarding that body's most recent and/or upcoming meetings and activities. Council members may also discuss and/or request further information or clarification regarding any one or more of the items contained in this provision. City Council approval of, or action on, these items is not required or requested. No action shall be taken on any discussion under this Agenda Heading. Matters that require City Council action or City Council Agenda March 17, 2025 approval which are discussed hereunder shall only be considered and approved or acted on if such matter is included as a separate item in the Consent Agenda or the Regular Agenda. Consideration and discussion regarding the following matters, minutes and reports, which consideration and discussion may also include or pertain to individual items and projects set forth in such matters, minutes and reports, as well as related background information and plans for future completion, performance or resolution as may be necessary to understand such individual items and projects and the City's related operation: A. City Amenities Board (Councimember Wagner) 1. Possible Council Liaison Report B. Farmersville Community Development Board (Type B) (Councilmember Henry) 1. Possible Council Liaison Report C. FEDC Farmersville Economic Development Board (Type A) (Mayor and Councilmember Chandler) 1. Possible council Liaison Report D. Parks & Recreation Board (Councilmember Strickland) 1. Possible council Liaison Report E. Planning & Zoning Commission (Councimember Strickland) 1. Possible Council Liaison Report F. TIRZ Board (Councilmember Chandler) 1. Possible Council Liaison Report VI. PUBLIC HEARINGS AND/OR ORDINANCES A. Public hearing regarding proposed amendments to the Farmersville Comprehensive Plan dated January 2013, as amended by Ordinance #O-2021- 0209-001, amending Chapter 6, titled "Parks and Open Space" to include the Parks Master Plan and replace Chapter 6 with "Parks and Open Space Update. B. Consider, discuss and act upon a recommendation from the Planning & Zoning Commission and Ordinance, 0-2025-0317-000: amending the Farmersville Comprehensive Plan dated January 2013, as amended by Ordinance #0-2021-0209-001, amending Chapter 6, titled "Parks and Open Space" to include the Parks Master Plan and replace Chapter 6 with "Parks and Open Space Update. VII. REGULAR AGENDA A. Update, consider and discussion regarding the Welford School Project. B. Update, consider, and discuss information regarding Farmersville Parkway. City Council Agenda March 17, 2025 C. Consider, discuss and act upon 911 County Road 616, (Property I.D. 2613026), Farmersville Texas, request to be removed from the City of Farmersville ETJ. D. Consider, discuss and act upon 16301 CR. 558, (Property I.D. 1211995), Farmersville Texas, request to be removed from the City of Farmersville ETJ. E. Consider, discuss and act upon discussion with Texas Parks and Wildlife regarding signage at Southlake Park and Signage at the Riding Arena. F. Update, Consider, discuss and act upon Code Enforcement. G. Consider, discuss and act upon City Council Liaison appointments and various Boards and Commissions member appointments for the City of Farmersville. H. Consider, discuss and act upon making changes to the Subdivision Ordinance regarding driveway depth of 25-foot minimum and street width of a 31-foot minimum as well as other possible changes. I. Update, consider, discuss and act upon City of Farmersville property being utilized by the Farmersville Feed and Grain store. J. Consider, discuss and act upon Resolution R-2025-0317-000 consenting to the creation of the Collin County Emergency Services District No. 1 and consenting to the inclusion of the City's extraterritorial jurisdiction within the proposed District, and authorizing the Mayor to execute a letter consenting to said creation and inclusion pursuant to Tex. Health & Safety Code Chapter 775. VIII. EXECUTIVE SESSION = In accordance with Texas Government Code, Section 551.001, et seq., the City Council will recess into Executive Session (closed meeting) to discuss the following: A. Section 551.071 Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter, regarding: 1. Emergency Services District (ESD). 2. Planning and Zoning Commission procedures and authority. 3. Recruitment Service for the hiring of an Assistant City Manager. B. Section 551.074 Personnel Matters To deliberate the appointment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, regarding: 1. Recruitment Service for the hiring of an Assistant City Manager. IX. RECONVENE INTO OPEN SESSION In accordance with the Texas Government Code, Chapter 551, the City Council will reconvene into Regular Session to consider action, if any, on matters discussed in Executive Session. City Council Agenda March 17, 2025 X. ITEMS TO BE PLACED ON FUTURE AGENDAS XI. ADJOURNMENT Dated the 12th day of March 2025 laig Dugskeek Craig Overstreet, Mayor The City Council reserves the right to adjour into Executive Session at any time during the course oft this meeting to discuss any Work Session, Special or Regular Session agenda item requiring confidential, attorney/client advise necessitated by the deliberation or discussion of said items (as needed) listed on the agenda, as authorized by Texas Government code Section 551.071(a) ("Consultation with Attorney, Closed Meeting". Persons with disabilities who plant to attend thisi meetinga and who mayr need assistance should contact the Cily Secretary at972-782- 6151 orFax 972-782-66046 atleastt two (2) workingd dayspriort tot the meeting sot thata appropriate arrangements can be made. Handicap Parkingis available in the front and rear parking lot oft the building. 1, the undersigned authority, do hereby certify that this Notice of Meeting was posted in the regular posting place of the City Hall building for Farmersville, Texas, in a place and manner convenient and readily accessible to the general public at all times, and said Notice vas posted March, 12, 2025, by 5:30 P.M. and remained SO posted continuously at least 72 hours proçeeding the scheduled time of said meeting. Tabatha Monk FARMER City Secretary G 6 Svta) City Council Agenda March 17, 2025 I. PRELIMINARY MATTERS 0 / C 9 N N a 8 2 5 8 d0 D- B II. PUBLIC COMMENT ON AGENDA ITEMS (FOR NON- PUBLIC HEARING AGENDA ITEMS) III. CITIZEN COMMENTS ON MATTERS NOT ON AGENDA IV. CONSENT AGENDA Agenda Section Consent Agenda Section Number IV.A. Subject CC Minutes (03-03-25) To Mayor and Council Members From Tabatha Monk Date March 17, 2025 Attachment(s) Related Link(s) Consideration and Discussion Action NA Agenda Section Consent Agenda Section Number IV.B. Subject Fire Department Report To Mayor and Council Members From Fire Department Date March 17, 2025 Attachment(s) FD Report Related Link(s) Consideration and Discussion Action Motion/secondlvote D Approve D Approve with Updates D Disapprove Motion/secondlvote to continue to a later date. D Approve D Disapprove Move item to another agenda. No motion, no action FARMERSIO FIRE 2024 END OF YEAR - o 1904 REPORT DEPARTMENI Fire/EMS Related Calls For Service (City Limits) Structure Fire: MVA: 67 FirstResponder: 886 Public Assist: 100 Unauthorized Burns: 18 Smoke/Odor: 15 Investigations: 4 Grass Fire: 5 Hazardous Conditions: 40 Alarms: 25 Vehicle Fire: Police Assists 5 Community Events Total 1,198 Canceled en route= 35 calls Fire/EMS Related Calls For Service (Lakehaven) StructureF Fire: 0 MVA: 3 FirstResponder: 22 Public Assist: 1 Unauthorized Burns: Smoke/Odor: 0 Investigations: 2 Grass Fire: Hazardous Conditions: Alarms: Vehicle Fire: 0 Police Assists: Total 40 Canceled en route= 4 calls Fire/EMS Related Calls For Service (County) Structure Fire: MVA: 67 FirstResponder: 363 Public Assist: 18 Unauthorized Burns: 29 Smoke/Odor: 8 Investigations: 4 Grass Fire: 18 Hazardous Conditions: 29 Alarms: 20 Vehicle Fire: 5 Police Assists: Total 570 Canceled en route= 25 calls Fire/EMS Related Calls For Service (Mutual Aid) Structure: 32 MVA: 13 FirstF Responder: 27 Public Assist: 0 Unauthorized Burns: 5 Smoke/Odor: 0 Investigations: 0 Grass Fire: 17 Hazardous Conditions: 1 Alarms: 5 Vehicle Fire: Police Assists: 0 Total 101 Canceled en route= 36 calls CALL BY LOCATION 30%. Total calls for 2024: 6396 1909 City a Lakehaven "County Mutual Aid MONTHLY CALL VOLUME BY DISTRICT 140 120 100 80 60 / / A P al e ye / A / / City Lakehaven County MutualA Aid MONTHLY CALL VOLUME 20 180 160 140 120 100 80 60 A / A p yal e ja A / A / / TotalCalls CALL VOLUME BY DAY OF THE WEEK Monday Tuesday Wednesday Thursday Friday Saturday Sunday 50 150 250 300 350 CALL VOLUME BY HOUR OF THE DAY 00:00-01:00 01:00-02:00 02:00-03:00 03:00-04:00 04:00-05:00 05:00-06:00 06:00-07.00 07:00-08:00 08:00-09:00 09:00-10:00 - 10:00-11:00 11:00-12:00 12:00-13:00 13:00-14,00 14:00-15:00 15:00-16:00 16:00-17:00 17:00-18:00 18:00-19:00 19:00-20:00 20:00-2100 21:00-22:00 22:00-23:00 23:00-00:00 120 140 CALL BY TYPE (CITY LIMITS) "Fire . Medical MVA a rdous Conditions Alarms a Assists 99 % CALL BY TYPE (LAKEHAVEN) "Fire - Medical MVA a rdous Conditions - Alarms a Assists 10% 1396 13%6 55%6 CALL BY TYPE (COUNTY) Fire - Medical MVA a dous Conditions - Alarms Assists 11% 7% 649 CALL BY TYPE (MUTUAL AID) "Fire . Medical MVA a rdous Conditions Alarms a Assists 5496 CALL RESPONSE TIMES Average Response Time for City Calls: 3:26 minutes Average Response Time for Lakehaven Calls: 8:00 minutes Average Response Time for County Calls: 7:29 minutes Average Response Time for Mutual Aid Calls: 12:00 minutes Average Time from Alarm to Leaving Station: 52 seconds OVERLAPPING CALLS Overlapping Incidents: 218 Total Incidents: 1909 Percent of Calls Overlapping: 12% DEPARTMENT ACCOMPLISHMENTS Station/Apparatus Equipment 2MDCs (Mobile Digital Computers) Alerting System in Station 10F Radios 25 SCBAS 18 New sets of PPE (Bunker Gear) Lifepak 35 (Advanced Life Support) Cascade System Diesel Exhaust System ESO Reporting System Handi tools and loose equipment 2sets of battery-operated extrication tools (1 set awarded from Firehouse Subs Grant) Personnel 3Driver/Engineers hired Captain promoted Creation of the Fire Marshal's Office Fire Marshal/Assistant Chief Community Outreach and Risk Reduction Specialist Payir increase for Captains and Chief Rebranding: New Patches and Badges Surveys ISO survey to prepare for 2027 audit Fire Department Survey-Organizational Review Fire Marshal's Office Started Pre- -planning buildingsi in ESO AFG Grant for 3Lucas Devices, 2 Lifepaks, and 10 radios submitted ($336,354.91) Newp policies written for FMO to help obtain TCOLE Department GPS coordinates for hydrants and entered in ESO Commercial inspections started Working with EDC on grant for commercial sprinkling Fountainview Apartments opening one building atai time Fire Code Amendments completed Updated Water Map in collaboration with the Water Department Public Fire Prevention Events hosted/attended Developed Citizen's Fire Academy Curriculum APPARATUS ORDERED 1E PERSONNEL ACCOMPLISHMENTS ChiefG. Massey Captain C.Williams ChiefFire Executive (CFE) Wildland Fire Service Chief Executive Officer (FSCEO) Fire Marshal Captain C. Harris Arsonl Investigator Inspector 1&2 Instructor 1&2 Fire Marshal M.. .Jones Officer1 Fire & Life Safety Educator 2 Wildland Master StructuralFF Master Arson Investigator Inspector P. Phillips Master Inspector Inspector 1&2 Master Fire Marshal Investigator Licensed Paramedic Fire & Life Safety! Educator1 Criminal Investigator (TCOLE) Instructor1 Death Investigator (TCOLE) Member of Collin County Fire Investigator Basic Investigator (TCOLE) Association Master Peace Officer Member ofFire Prevention Association of North Mastersi inF Forensic Sciencet from OSU Texas Elected Presidentof Collin County Fire Attended BestPracticesi in Community Risk Investigator Association Reduction Class Captain T. Roman EngineerC. Celsur Instructor? Driver/Operator Officer1 Wildland PERSONNEL ACCOMPLISHMENTS VOLUNTEER Firefighter T. Long Firefighter M. Yosten Wildland . Wildland FirefighterT T. Doan Firefighter P. Claterbaugh Driver/Operator Wildland FirefighterJ.Long Firefighter. J.Hall Driver/Operator EMT-B Wildland TCFP Firefighter M.I Hughes Firefighter. J.Reyes Paramedic EMT-B TCFP Firefighter. J. Hobbs TCFP Firefighterl L. Bains TCFP EMT-B Agenda Section Consent Agenda Section Number IV.C Subject Police Department Report To Mayor and Council Members From Police Department Date March 17, 2025 Attachment(s) Police Report Related Link(s) Consideration and Discussion Action Motion/secondivote D Approve a Approve with Updates D Disapprove Motion/secondivote to continue to a later date. D Approve D Disapprove Move item to another agenda. No motion, no action Agenda Section Consent Agenda Section Number IV.D. Subject Library Report To Mayor and Council Members From Library Date March 17, 2025 Attachment(s) Related Link(s) Consideration City Council discussion as required. and Discussion Action Motion/secondlvote D Approve D Approve with Updates D Disapprove Motion/secondivote to continue to a later date. D Approve D Disapprove Move item to another agenda. No motion, no action V. INFORMATIONAL ITEMS VI. PUBLIC HEARINGS AND/OR ORDINANCES Agenda Section Public Hearings and/or Ordinances Section Number VI. A. Subject PH for Ordinance 0-2025-0317-000 Amending the Comprehensive Plan to incorporate the Parks Master Plan To Mayor and Council Members From Ben White, City Manager Date March 17, 2025 Attachment(s) Related Link(s) Consideration Please be advised the P&Z Commission met in Special Session on and Discussion Wednesday, March 11th and unanimously voted "Motion to recommend amending the Comprehensive Plan Chapter 6, 'Parks and Open Space,' to include the Parks Master Plan as presented March 11, 2025." Action Motion/secondhvote D Approve D Approve with Updates D Disapprove Motion/secondhvote to continue to a later date. D Approve D Disapprove Move item to another agenda. No motion, no action Agenda Section Public Hearings and/or Ordinances Section Number VI.E B. Subject Ordinance 0-2025-0317-000 Amending the Comprehensive Plan to incorporate the Parks Master Plan To Mayor and Council Members From Ben White, City Manager Date March 17, 2025 Attachment(s) Ordinance 0-2025-0317-000 Related Link(s) Consideration Please be advised the P&Z Commission met in Special Session on and Discussion Wednesday, March 11th and unanimously voted "Motion to recommend amending the Comprehensive Plan Chapter 6, Parks and Open Space,' to include the Parks Master Plan as presented March 11, 2025." Action Motion/secondlvote D Approve D Approve with Updates D Disapprove Motion/secondvote to continue to a later date. D Approve D Disapprove Move item to another agenda. No motion, no action CITY OF FARMERSVILLE ORDINANCE# 0-2025-0317-000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERSVILLE, TEXAS, AMENDING THE FARMERSVILLE COMPREHENSIVE PLAN DATED JANUARY 2013, AS AMENDED BY ORDINANCE NO. 0-2021-0209-001, BY AND THROUGH THE AMENDMENT OF CHAPTER 6, "PARKS AND OPEN SPACE," TO INCLUDE THE PARKS MASTER PLAN AND REPLACE CHAPTER 6 WITH "PARKS AND OPEN SPACE UPDATE (MASTER PLAN);" REPEALING ALL CONFLICTING ORDINANCES, ORDERS, OR RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Comprehensive Plan dated January 2013, ("2013 Comprehensive Plan") is divided into the following elements: the Farmersville Vision, Farmersville's Demographic Trends, Land Use Plan, the Transportation Plan, the Uitlielafasnetur-Palic Facilities Plan, Parks and Open Space Plan, and the Strategic Implementation Plan; and WHEREAS, the 2013 Comprehensive Plan was adopted by the City Council of the City of Farmersville, Texas by and through Ordinance# 0-2013-0226-001; and WHEREAS, the 2013 Comprehensive Plan was amended by Ordinance #O-2021-0209-001 adopted by the City Council February 9, 2021; and WHEREAS, Chapter 6, "Parks and Open Space" of the 2013 Comprehensive Plan as amended by Ordinance #0-2021-0209-001 has been reviewed by the Planning and Zoning Commission and said Commission has recommended certain interim amendments be made to the 2013 Comprehensive Plan as amended by Ordinance #O-2021-0209-001 to include the Parks Master Plan as presented to the Commission March 11, 2025; and WHEREAS, after public notice and public hearing as required by law, and upon due deliberation and consideration of the recommendation of the Planning and Zoning Commission and of all testimony and information submitted during said public hearings, the City Council of the City of Farmersville, Texas, has determined that it is in the public's best interest and in support of the health, safety, morals, and general welfare of the citizens oft the City of Farmersville that the portions of the 2013 Comprehensive Plan oft the City of Farmersville, Texas, as amended by Ordinance #O-2021-0209-001, identified hereinbelow should be amended as provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FARMERSVILLE, TEXAS, THAT: SECTION1: INCORPORATION OF FINDINGS. All of the above premises are hereby found to be true and correct legislative and factual findings of the City of Farmersville, and they are hereby approved and incorporated into the body of this Ordinance as ifcopied in their entirety. SECTION2: AMENDING THE 2013 COMPREHENSIVE: PLAN, AS AMENDED BY ORDINANCE #0-2021-0209-001 BY AND THROUGH THE AMENDMENT OF CHAPTER 6, ENTITLED "PARKS AND OPEN SPACE," BY INCORPORATING THE PARKS MASTER PLAN AND REPLACING CHAPTER 6 WITH "PARKS AND OPEN SPACE UPDATE (MASTER PLAN)" From and after the adoption of this Ordinance, Chapter 6, entitled "Parks and Open Space," ofthe 2013 Comprehensive Plan, as amended by Ordinance #0-2021-0209-001, is hereby further amended by replacing Chapter 6 with a new Chapter 6 entitled "Parks and Open Space Update (Master Plan)" attached hereto as Exhibit "A" and incorporated herein by reference for all purposes allowed by law. SECTION5: ALLOTHER PROVISIONS OF THE 2013 COMPREHENSIVE PLAN AS AMENDED BY ORDINANCE #O-2021-0209-001 REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. All other provisions of the Farmersville Comprehensive Plan dated January 2013, as amended by Ordinance #0-2021-0209-001 shall in all things be and remain the same save and except only where required to give full force and effect to the provisions adopted by and through this Ordinance. SECTION6: REPEALER. This Ordinance shall be cumulative of all provisions of ordinances of the City of Farmersville, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances or any resolution of the City, in which event the conflicting provisions of such ordinances or resolutions are hereby repealed. SECTION7: SEVERABILITY. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section ofthis Ordinance shall be declared unconstitutional by any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section, and said remaining portions shall remain in full force and effect. SECTION8: ENGROSSMENT AND ENROLLMENT. The City Secretary of the City of Farmersville is hereby directed to engross and enroll this Ordinance by copying the exact Caption and the Effective Date clause in the minutes of the City Council of the City ofFarmersville and by filing this Ordinance in the Ordinance records of the City. SECTION9: PUBLICATION AND EFFECTIVE DATE. This Ordinance shall take effect after approval and adoption by City Council and with publication ofthe caption, as the law in such cases provides. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FARMERSVILLE, TEXAS, THIS 17TH DAY OF MARCH 2025. APPROVED: Craig Overstreet, Mayor ATTEST: Tabatha Monk, City Secretary EXHIBIT A CHAPTER 6 PARKS & OPEN SPACE UPDATE (MASTER PLAN) CITY OF FARMERSVILLE ORDINANCE# 0-2025-0317-000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERSVILLE, TEXAS, AMENDING THE FARMERSVILLE COMPREHENSIVE PLAN DATED JANUARY 2013, AS AMENDED BY ORDINANCE NO. 0-2021-0209-001, BY AND THROUGH THE AMENDMENT OF CHAPTER 6, "PARKS AND OPEN SPACE," TO INCLUDE THE PARKS MASTER PLAN AND REPLACE CHAPTER 6 WITH "PARKS AND OPEN SPACE UPDATE (MASTER PLAN);" REPEALING ALL CONFLICTING ORDINANCES, ORDERS, OR RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Comprehensive Plan dated January 2013, ("2013 Comprehensive Plan") is divided into the following elements: the Farmersville Vision, Farmersville's Demographic Trends, Land Use Plan, the Transportation Plan, the Uitlislafasineture-Palic Facilities Plan, Parks and Open Space Plan, and the Strategic Implementation Plan; and WHEREAS, the 2013 Comprehensive Plan was adopted by the City Council of the City of Farmersville, Texas by and through Ordinance# 0-2013-0226-001; and WHEREAS, the 2013 Comprehensive Plan was amended by Ordinance #0-2021-0209-001 adopted by the City Council February 9, 2021; and WHEREAS, Chapter 6, "Parks and Open Space" of the 2013 Comprehensive Plan as amended by Ordinance #0-2021-0209-001 has been reviewed by the Planning and Zoning Commission and said Commission has recommended certain interim amendments be made to the 2013 Comprehensive Plan as amended by Ordinance #O-2021-0209-001 to include the Parks Master Plan as presented to the Commission March 11, 2025; and WHEREAS, after public notice and public hearing as required by law, and upon due deliberation and consideration of the recommendation of the Planning and Zoning Commission and of all testimony and information submitted during said public hearings, the City Council of the City ofFarmersville, Texas, has determined that it is in the public's best interest and in support ofthe health, safety, morals, and general welfare of the citizens oft the City of Farmersville that the portions ofthe 2013 Comprehensive Plan of the City of Farmersville, Texas, as amended by Ordinance #O-2021-0209-001, identified hereinbelow should be amended as provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FARMERSVILLE, TEXAS, THAT: SECTION1: INCORPORATION OF FINDINGS. All of the above premises are hereby found to be true and correct legislative and factual findings of the City of Farmersville, and they are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety. SECTION2: AMENDING THE 2013 COMPREHENSIVE PLAN, AS AMENDED BY ORDINANCE #0-2021-0209-001 BY AND THROUGH THE AMENDMENT OF CHAPTER 6, ENTITLED "PARKS AND OPEN SPACE," BY INCORPORATING THE PARKS MASTER PLAN AND REPLACING CHAPTER 6 WITH "PARKS AND OPEN SPACE UPDATE (MASTER PLAN)" From and after the adoption of this Ordinance, Chapter 6, entitled "Parks and Open Space," oft the 2013 Comprehensive Plan, as amended by Ordinance #0-2021-0209-001, is hereby further amended by replacing Chapter 6 with a new Chapter 6 entitled "Parks and Open Space Update (Master Plan)" attached hereto as Exhibit "A" and incorporated herein by reference for all purposes allowed by law. SECTION5: ALL OTHER PROVISIONS OF THE 2013 COMPREHENSIVE PLAN AS AMENDED BY ORDINANCE #0-2021-0209-001 REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. All other provisions of the Farmersville Comprehensive Plan dated. January 2013, as amended by Ordinance #0-2021-0209-001 shall in all things be and remain the same save and except only where required to give full force and effect to the provisions adopted by and through this Ordinance. SECTION6: REPEALER. This Ordinance shall be cumulative of all provisions of ordinances of the City of Farmersville, Texas, except where the provisions oft this Ordinance are in direct conflict with the provisions of such ordinances or any resolution of the City, in which event the conflicting provisions of such ordinances or resolutions are hereby repealed. SECTION7: SEVERABILITY. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section ofthis Ordinance shall be declared unconstitutional by any court of fcompetent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section, and said remaining portions shall remain in full force and effect. SECTION8: ENGROSSMENT AND. ENROLLMENT. The City Secretary of the City of Farmersville is hereby directed to engross and enroll this Ordinance by copying the exact Caption and the Effective Date clause in the minutes of the City Council of the City of Farmersville and by filing this Ordinance in the Ordinance records of the City. SECTION9: PUBLICATION AND EFFECTIVE DATE. This Ordinance shall take effect after approval and adoption by City Council and with publication of the caption, as the law in such cases provides. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FARMERSVILLE, TEXAS, THIS 17TH DAY OF MARCH 2025. APPROVED: Craig Overstreet, Mayor ATTEST: Tabatha Monk, City Secretary EXHIBITA CHAPTER 6 PARKS & OPEN SPACE UPDATE (MASTER PLAN) 4 ti Farmersville Chapter 6: Parks and Open Space Update Introduction Purpose of the Farmersville Trails, Recreation and Open Space Masterplan Farmersville, home to approximately 5,439 people, has existing parks, recreation facilities, and trail systems that enhance the overall quaility of life for residents and visitors. Comprising of roughly 4 square miles, the City features at total of f5 parks whichi include, two public lakes,a a sports complex, 2 city parks and the Chaparral Trail. The Parks, Trails, Open Space Plan (PTROS) includes an assessment oft the existing park and recreation facilities, programs, and amenities, and creates a guidebook on where future improvements should occur to achieve the vision for Farmersville parks and recreation system. Parks, trails, and open spaces provide numerous possibilities to stregthen their communities. Connecting people with nature provides more opportunities for sustainable multimodal transportation like biking and walking, encourages healthier communities, and creates opportunities for economic developments such as neighborhood sports leagues and recreation centers. Through this document, the City of Farmersville is creatinga a vision fort future parks and recreation facilities that is based on community stakeholder input. Texas Parks and Wildlife Department This PTROS Plan is aligned with the parks and recreation guidelines provided by the Texas Parks andWildlife Department (TPWD). To recieve bonus points on applications for TPWD grant funding, the city must have aF Parks, Trails, and Open Space Plan that has been updated within ai five-year period before any major developments occur that significantly affect the ability of the cityt to remain eligible for the project priority program for TPWD grant funding. This plan is an update tot the city's previous comprehensive plan's, Parks, Recreation, and Open Space Chapter (2013), and should enable the city to continue toy pursue thist funding source. TPWD Compliance Accomplishments Demographics Population Projections New Public Input Vision and Priorities Maps Most Recent Inventory Data Updated Needs Assessment Level of Service Standards Newl Implementation Plan *Boldedt text represents PTROS material that has been reviewedi lint the recent parks masterplan update. 61 I MARCH2025 p lt Farmersville Farmersville Demographics and Population Population As shown in Figure 6.1, in 2010 the US Census Bureau recorded Farmersville's population at 3,150, this has now nearly doubled to 5, 439 people. By: 2040, the anticipated population is 13, 880.A As the Dallas-FortWorth area (DFW) continues to grow, Farmersville will continue to see exponential growth rates due toi its proximity. RogiaPpiaimgowhe 16,000 13,880 14,000 11,370 12,000 10,000 8,860 S 3 8,000 5439 5,970 6,000 3150 3,612 4,000 2725 2,000 2000 2010 2020 2024 2025 2030 2035 2040 Year -PojettedGoMhRae Figure 6.1 |Farmersville Population Projection The anticipated population number is an estimate based on past percentage increases, land planned for future housing, surrounding community growth, and estimated household sizes - in addition to community factors such as birth rates, death rates, and those moving in/out of the community. Understanding current population and growth projections is important for anticipating Farmersville's future needs such as number and diversity ofj jobs, retail demands, and utility consumption. Refer to Figure 6.2 on the next page for al break down of Farmersville's 2024 demographics. MARCH 2025 62 n t Farmersville o - Figure 6.2Farmersville Demographics 63 MARCH2025 w tA Farmersville Public Engagement Overview of Engagement Process Thet first Farmersville Parks Masterplan Update Open House was held on May 30th, 2024, from 6:00p.m. 7:30p.m at the Farmersville Council Chambers. Over 30r residents attended the open house; participants reviewed the parks existing conditions and were encouraged tol leave feedback at several stations regarding the community's vision for thei future parks' masterplans. Specific topics residents provided feedback on included: park programming.park furniture, park priorities, and visioning for the existing parks and Chaparral Trail. The second Farmersville Parks Masterplan Update Open House was held on. July 25th, 2024, from 6:00p.m. 7:30p.m at Collins College Farmersville Campus. Around 15r residents participated in the open house- visitors reviewed the sixi masterplan concepts which implemented thet feedback recieved from thet first open house. Participants were encouraged to leave feedback at several stations regarding the masterplan concepts and their relationship to the community's vision. Al level of service chart for the six parks was also ond display illustrating the current and proposed acres needed per city population to meet national standards. To conclude the engagement, participants participated in a dot activity to vote on thei importance of preliminary guiding principle tol help shape the vision for the Farmersville Masterplan. For schedule and dates of the public enagement processes refer to Figure 6.4. Meeting 1 Meeting2 - I Figure 6.3] |Farmersville Public Engagement Photos MARCH 2025 64 u Farmersville Project Initiation- Data Collection April We collected datai from the city and conducted an in- person analysist to create existing conditions maps and inventories for Farmersville's, parks Meeting #1 PUBlIg.e 30th and trails Asked the public fori input on what they want to see improved land 2 prioritized ini thec community. This was also an opportunity fort the citizens toi fill in any informationgaps Master Plan Development we mayl have netoJuly Drafting the Parks and Recreation 3 Plan update and preparedt the master plan's fort the individual Parks Public Meeting #2 July 4 Presented a draft of the Parks Master Plan update tot the public fora a second round of feedback Refinement July Aug 5 Incorporated feedback from meeting #2 and developeda lat final report draft Joint Briefing September 6 Presented lar refined copy of the Parks Masterplan and Report update tot the Park Board, 4B Board, and City Council Adoption Octobe Adoption of the Parks Masterplan 7 Update Figure 6.4Farmersville. Master Plan Update Project Schedule andDates 64.1 MARCH: 2025 mmela Farmersville Vision and Priorities The Farmersville Parks and Open Space Plan was developed by the community to establish an overall vision for the parks utilizing several public engagement stations tot facilitate public input. Figure 6.51 isav word cloud that depicts one of the activities where community members were asked to identify one word to express what the future of Farmersville Parks should look like. This feedback was then used to develop the Farmersville parks andi trails vision statement. functional nature-preserving inviting appealing family-oriented beautiful fully-utilized destination fun historic welcoming fresh profitable versatile excellent active growth-minded updated Figure 6.5F Farmersville Vision Word-Cloud Farmersville Parks and Trails Vision Statement By utilizing open space, parks, and trails, Farmersville seeks to create an inviting space, which looks to serve the community! by providing a beautiful family-oriented space and an economic resource that will be a destination to all, offering a diverse array of activities for all user groups. Priorities Through the development of the parks and open Priority" Topics (Ranked) space vision the community also identified actions Maintenance and Preservation of Existing and projects to prioritize. These were identified as Trails areas that would have the greatest impact on the Indoor Amenities community: and visitors of Farmersville. Establishing this general priority listh helps the City identify which Programs and Outdoor Amenities future needs tol be addressed, and in what order. The Land Acquisitions list is ranked from top to bottom as most important Trails (greatest impact)t to least important (smallest impact). Amore detailed priority breakdown for each parki is Parks located in the section-- Park Improvements. Preservation of Open Space Special Facilities Water Features Access and Inclusivity MARCH 2025 64.2 mmla Farmersville Existing Park Inventory & a t & I Name I E Address Classification I 1 City Memorial Park 154 S. 201 S. Main St. Neighborhood 2.5 X X 1,147 1 1 X X X Farmersville, TX. 75442 Park LF Rambler Park 424-798 Farmersville Pkwy. Neighborhood 11,2 X X 814 2 X X X Farmersville TX.75442 Park LF J.W. Spain 400 Merit St. Community Park 34.8 X X 385 1 X X X Athletic Complex Farmersville, TX 75442 LF South Lake Park 1601 Farmersville, Old. Josephine Rd. City Park 188.29 X X 2,432 LF 1 1 X X X X TX.7 75442 643 East Audie Murphy North Lake Park Pkwy. Farmersville, TX. Community Park 58.7 75442 Chaparral Trail Farmersville to Celeste Trail 57.2 X X 26,331 LF X X X Table 6.1] Park Inventory. Analysis Park and' Trail Classifications To develop comprehensive set of recommendations for park andt trail improvements, current standards and level ofs service measures were evaluated, as shown in Table 6.1. Park classifications were assigned to each Farmersville Park based on National Recreation and Parks Association (NRPA) guidelines, which are listed in Table 6.2. These classifications were based on acreage size and service area proximity. Existing trails in Farmersville are generally located within existing parks throughout the city. Trails were classified either asa hard surface trail, soft surface trail, or a multi-purpose trail. Table 6.3 showsal brief description of trail classifications seen in Farmersville parks & trails plan. ParkClassification Size (Acres) Service Area Description Neighborhood Parks typically contain small Neighborhood Park 15Acres 1/4-1/2 Miles playgrounds, open space fields, walking trails, benches, or small picnic spaces for local residents Community Parkst typically have large sports fields or Community Park 16- 99 Acres 1-2N Miles are places tol host sports tournaments. These parks also might have walkingt trails and/or open fields. City Parks are developed, undeveloped, or a mixture of City Park 100- 499 Acres Multiple Communities both. These parks couldi linclude hike/bike trails, heavily woodedi fields, or camping activities. Table 6.2]Park Classifications 64.3 I MARCH2025 n - u Farmersville a h 8 2 3 de a 3 / I / I 6e 1 a 8 I 1 E ( L I E B 3 8 3 & B N 8 B B B a Additional Programming M N X X X 1 X 7 5 5 Baseball/ /Softball Complex X X Boating, Fishing Note: North Lake Park is currently closed to the! public TrailClassification DesiredWidth Description Typically, concrete or asphalt, these trails can range from 10-12'a 'and are seperate Hard Surface Trail 10'-12' from on-street sidewalk facilities. These trails can meander through parks or followa linear path connecting key areas of town, such as neighborhoods, parks, or schools. Soft surface trails can ber natural or man-made with native soil or crushed rock, Soft Surface Trail 8'-12' decomposed granite or gravel. Theset trails can! bea a cheaper, more natural alternative to concrete trails. They areg great forh hiking, biking, and exploring nature, and should connect tot thel largert trails system. Multi-Use Trails are built for equestrian andr non-motorized forms of Multi-Use Trail 10'-15' transportation such as walking, biking, roller skating, scootering, etc. These trails will typically have markings or signage indicating that slower traffic keepr right and faster traffic keepleft. Table 6.3]Trail Classifications MARCH2025 64.4 m mm-la Farmersville Park Inventory A evaluation team visited each project site, taking thorough notes and photographs, that were later compiled into an overall existing conditions inventory document. Conductinga a parki inventory helps identify the current planning and program conditions of each park while also evaluating the conditions of individual park amenities. With this inventory, the team was able to determinei if park items were satisfactory, outdated, lacking, or completely missing for each park. Understanding program inventory and layout is important because it helps identify how each park connects itselft to the surrounding uses. Additionally, it will help determine what the park needs later in the masterplan development phase. Refer to map 6.1 to: see park inventory in the Ciyoffarmersville. e Legend I Cities Streams Farmersville ETJ Lakes Schools - Patks Railroads Floodplain Roads Parcels COAINNS Velowe veb Map 6.1] Farmersville Park Inventory 64.5 MARCH2025 W tuk Farmersville Standards Based Assessment Overview of Standards Based Assessment A: standards based assessment: analysis was conducted for the existing park, trails, and open space amenities in Farmersville. The standards based assessment analysis examines existing, park, trail, and open space level of service, andi identifies gaps in current service based on national park andi recreation standards. Once the gap analysis was complete, opportunity: areas were identified for potential locations of new recreation amenities. The standard based assessment did not include any privately-ownedr recreation amenities or properties. Only public and city owned amenities were included in the standard based assessment analysis. Park and Trail Level of Service Once all parks and trails boundaries were located, al half mile buffer was placed around each facility, indicating the approximate journey ofa1 10-minute walk from the surrounding neighborhoodst to an existing park or trail. This indicator, called Level of Service (LOS), helps determine areas that have reasonable: access to city's park and trail facilities, and also identifies areas ofFarmersville that are opportunity: areas for a park or trail facilityini the future. Itis best practice to aspire for all of a city to be completely covered by adequate park and trail LOS, whichr means everyone who lives within the city limits has access toaj park or trail within a 10-minute walk or less. NRPA Standards Acres ofParkland Per1,000 Residents Standards Jurisdiction Population (2023) Less than 20,000 (2024) Less than 20,000 Median 12.6 12.6 Table 6.4] |Limit of Service (LOS) Gaps in Service Generally, the National Recreation and Parks Association (NRPA)as depicted in Table 6.4, recommends that park systems, at a minimum, should consist of a total 12.6 acres of parkland or open space per 1,000 residents. With the city lakes acreage subtracted from thet total calculation, Farmersville currently has approximately 183.9-acre surplus per its current residency. By 2040 with the expected growth, Farmersville will still have a 64.7-acre surplus of parkland. Based ont the analysis and las seen in Table 6.5, the City of Farmersville is more than adequately serving the population in terms of coverage. Because the city is providing plenty of per capita park land to residents, the focus of this Parks, Trails, Recreation and Open Space Plan should bet toi focus improvements on existing park and recreation facilities, and to enhance geographic park coverage near future residential developments and other focal areas by trail systems. Year Population Park Acreage (Developed) NRPA StandardsTLOS) Existing LOS Gap 2024 6,139 261.2 12.6 acres 42.6 acres 183.9 Per1,000r residents Perioooresidents Acre surplus ofparkland 2040 15.595 261.2 Per 1,000residents 12.6 acres Per 1,000 16.8 acres residents Acre surplus 64.7 of parkland Table 6.5] Gap in Service MARCH2025 64.6 tik Farmersville Farmersville Park Masterplan Vision Southlake Park Southlake Parki isai nature-based park which features a 65-acre lake. Prior to designing the masterplan of Southlake Park, the goal was to enhance existing park amenities like the playground andi riding arena, while adding new features to further activate park's space to its full potential and preserve it'sr natural beauty. Not every park has the recreational benefit ofa lake. A: series of board walks will bei implemented so all users can interact with the water, whether that's through fishing or just taking al morning jog. The boardwalks are: strategically placed to connect to they proposed multi-use trail that goes around the property.As series of trail alignments have been proposed to preserve the park'sr more natural areas while giving users the opportunity for exercise or recreational walking. For those withal boat, an updated boat ramp and parking accommodating boating trailers have been proposed. Adjacent to thep parking lot, restrooms anda a cleaning station will be built to provide convenience to both boaters and park-goers. The existingr riding arena ini the north west corner of the property is proposed to be expanded to include an equestrian barn and tack room to accommodate the needs of the community's equestrian users. Equestrian only trails connectedi to the barn have alsol been proposed to better allow users to navigate the vast amount ofl land the park offers. Motorized prohibited Interpretive trails with an infographic kiosk have been proposed in the south Blackland Prairie Preserve. This will provide and outdoor classroom experience where users can educate themselves on the native plant and animal species found at Southlake Park. A trail connecting both north and south lake has also been proposed to better connect the city's growing trail system. Playgrounds are crucial for childhood development, they expose children toa a variety of new senses and experiences that encourage growth in both their minds and bodies. With this in mind, new playground equipment has been proposed that will provide users with play type alternatives such as active play, imaginative play, sensory play, social play, and unstructured play. Updated equipment has been proposed at existing playground locations to eliminate risk factors of the current outdated equipment. Additional parking closer tot the playground has proposed toi for convenience. Lastly, the park will feature an observation deck to enhance the user experience for all age groups and illustrate the ravishing beauty of the land. This overlook will provide users with ani iconic view, unique to Farmersville. Park Specific Priorities Update boat ramp with trailer parking. Expand the equestrian facility to include a barn, tack shed, riding arena, and a parking lot large enoughto support trailer parking. Update and maintain existing trails. Establish additional hard and soft trail alignments for new trails including an equestrian and interpretive trail. Install board walks and designate fishing pier zones. Upgrade existing restrooms and play equipment. Add additional playground equipment. Createal lake overlook and scenery observation deck. Maintain and add camping and picnic areas 64.7 MARCH: 2025 m 4 l Farmersyille Figure 6.6Southlake Park Existing Photos and Boundary 0 Southlake & okMound dBoat o Figure 6.7jSouthlake Park Proposed Masterplan MARCH 2025 64.8 ti Farmersville Farmersville Park Masterplan Vision City Memorial Park City Memorial Park, also known as City Park serves as Farmersville's primary entry and exit point on the Chaparral Trail for trail goers. As such, itisa major trailhead for the Northeast Texas Trail." The City Park Masterplan seeks to create a great first impression for the City of Farmersville by activating the spacefor both park and trail users through programming and amenities. The City Park Masterplan proposes a new plaza at the trailhead entrance to the Chaparral trail. This plaza will beautify the entrance to the trail while offering rest zones for both trail and park users. The plaza will alsoi include a bike shopa as a convenience for users ini need ofr maintenance along the Chaparral Trail. Additional proposed amenities found near thej plaza include: a fountain, seating, restrooms, parking, food truckyard, anday performance space. Other park improvements were identified to improve the existing park. A lueder stone block terraced wall and ramp has been proposed to resolve circulation and ADA-inclusivity issues south of the Onion Shed. The proposed element will also address existing slope and drainage issues caused by the steep grading. Partial enclosure of the drainage canal is also proposed to improve circulation and increase thei future usability of the park for increasing open space. Updated bathrooms arep proposed to accommodate park and trail users with safety and sanitary restroom improvements. Additional playground equipment is also proposed to provide more inclusive play for all ages, demographics, and abilities. AI nature base play and discoveryz zone is also proposed to allow kids to interact with the park's creek. Additional flower beds are proposed to highlight the park and beautify the older historic monuments and relics the park shares with its residents. Park Specific Priorities Implement a community garden. Construct an outdoor classroom and event space. Implementation of Chaparral Trailhead Plaza and bike shop. Address grading and circulation issues byi implementing retaining wall with ADA ramp and amphitheater. Update restrooms and playground equipment. Install underground box culvert and close open drainage system to create more park: space. Implement nature based interpretive play. Add additional parking space. Acquire additional land for connectivity and expansion. 64.9 I MARCH: 2025 m Immela Farmersville MCKINNE 5 FARVERSIUE A Figure 6.8] City Memorial Park Existing Photos and Boundary St. Hon Pkvy FneAN - G) 6 CN lill ent unde Box Figure 6.9Southlake Park Proposed Masterplan MARCH 2025 I 64.10 Farmersyille Farmersville Park Masterplan Vision J.W. Spain Complex The. J.W. Spain Athletic Complex currently consists of a baseball/softball complex adjacent to the Chaparral Trail. The complex provides a great opportunity for generating revenue through sports leagues and sports training services while also providing amenities tot trail users. The proposed. J.W. Spain Masterplan reinvigorates the existing sports complex to draw people to Farmersville from surrounding cities. The proposed elements, which would establish it as a regionally acclaimed sports complex, include batting cages, restrooms, maintenance facilities, updated dug-outs and resurfacedi field work. The north side of the complex proposes a fishing pond that would also serve asa natural outdoor walking park. The disc golf course and/or socceri fields on the east side will include a concessions and restrooms. The restrooms will serve both soccer users and ChaparralTrail users as thei trail runs adjacent to the site. The community recreation center shown ont ther master plan represents a 45,000 square feet footprint with two level capacity. Construction of fa recreation center would improve community well-being while creatingas space for athletes to master their niche. Below are benchmark community recreation centers around the Dallas Fort Worth area for reference: Richland Hills (The Link)- Opened 2017:Cost $16Million 28,00 square feet and includes the following amenities (Gymnasium, fitness, track, childcare, rentals, and lobby Area) Garland Holford Recreation Center and Aquatic Facility- Anticipated Mid 2025 Opening: Cost $41.5Million- Size TBD and includes thei following amenities (Gymnasium, fitness room, multipurpose rooms and kitchen, aquatic facilities) Sachse Michael J. Felix Community Center Opened 2020: Cost $7Million- 25,000 square feet and includes the following amenities (Gymnasium, fitness, frack, game room, and lobby area) McKinney Apex Center Opened 2017:Cost $36Million- -80,000 square feet and includes thet following amenities (Playroom, fitness, aquatics, and lobby area) Ar multi-generational. community recreation center feasibility study is recommendedi to evaluate the community's desire for programming and amenities, program matrix, outdoor recreation versus indoor recreation andi flex-meeting spaces. operational costs comparison to revenue generating strategies. Park Specific Priorities Plant for a recreation center with parking lot. Installation of outdoor sports complex to include Pedestrian safety enhancements at trail crossing volleyball, basketball, and tennis courts. Improved park connectivity to Chaparral Trail with an Plani for restaurants and retail supporting sport open space corridor. component. Maintenance and resurfacing of the sports complex. Creation of ai fishing pond with walking path. Expansion to sports complex to include updated Installation ofa disc golf/ or soccer field with restrooms, concession stand, and addition of batting restroom facilities. cages, playground and additional parking lot. Most municipalities within the DFW recover the operation cost through annual family, youth, and senior memberships, day passes, and planned programing revenue generating strategies. This facility along with the baseball complex would be an anchor with regional draw. 64.11 MARCH 2025 ni tik Farmersville ROAD ' 655 Figure 6.10]JW: Spain Complex Existing Photos and Boundary A IS a byground nT - FR Figure 6.11 [JwS Spain Complex Proposed Masterplan MARCH 2025 - 64.12 tk Farmersville Farmersville Park Masterplan Vision Rambler Park Rambler Park is an 11.2 acre park adjacent to downtown Farmersville. The existing park hosts the newest equipment of allt the city-limit parks and offers lots of open space for future expansion and improvements. Rambler Park has immense potential to become a community hub in Farmersville- -Itise easily accessible and within walking distance of downtown neighborhoods, andi runs adjacent toi the Northeast Texas Trail, providing a great stopping point for trail- users. Although the park features newer equipment, drainage isas serious issue on the east side of the park and was developing backwash generating erosion issues near the sidewalk. The issue was observed on site visits and mentioned by concerned community members. The masterplan seeks to resolve this issue throught the implementation ofar rain garden and regrading for a retaining wall. By doing SO, American Disabilities Act (ADA) improvements will be made, and erosion reduced along pathways, thus improving circulation. The existing park currently doesn't feature any public restrooms, this poses an issues for parents with small children wanting to use the playground or who want to use the splash pad and change into dry clothes afterwards. To solve these issues a centralized bathroom has been proposed lin the masterplan. Toa accommodate community members who prefer a good workout, the masterplan proposes sporting courts on the west side of the property. These courts includes volleyball, tennis, basketball, pickleball courts, and an outdoor workout gym. North of fthe sports courts, a decommisioned road has been converted into at food truck space. To provide for community members who have pets, the park will feature large and small dog parks. These parks will include waste stations, receptacles, water facet, and la pavilion space to tailor toward dog owners who have restricted access to greenspace for their animals. Finally, to commemorate the name of the park, interactive art willl be placed throughout the park to commemorate and honor the Rambler's ofF Farmersville. This will provide their story andl history to live on throughout their community and the city of Farmersville. Park Specific Priorities Implementation of sports courts to include volleyball, basketball and tennis. Construction of big and small dog parks. Installation of additional playground equipment. Address Park Drainage and implement rain garden. Install Restrooms. Provide pedestrian crosswalk and safety enhancements. Connectivityt to City Park and trail system. Establish interactive art and memorial dedication monuments. 64.13 MARCH 2025 tk Farmersville Figure 6.12] Rambler Park Existing Photos and Boundary & O 08 Figure 6.13] Rambler Park Proposed Masterplan MARCH 2025 64.14 Farmersville Farmersville Park Masterplan Vision Northlake Park Northlake isar remote park currently inaccessible to users. Northlake isa 58 acre park with al lake andi features acres of recreational space providinga a great opportunity to connect urban residents tor natural outdoor activities like Southlake Park. The masterplan proposes a non-wake lake to create a space that promotes water-friendly activities. The masterplan features many program concepts that use the body of water to enhance the quality of space. Water related activities the space will feature include are a beach, kayaking, board walks, fishing, anda a boat ramp. The proposed beach will bei in the north cove of the lake makingi ite easy access from Audie Murphy Parkway. Included within thel beach willl be a kayak launch and buoy zone to protect kayakers and swimmers from boating traffic. Boardwalks are proposed to enhance the user's interaction with the water. The boardwalks additionally help to create access points to on shore fishers that may not have access toal kayak or fishing boat. The board walks allow users to detach themselves from the bank and view or fish the open body water of the lake. The boardwalks have strategically been placed based on enhancing the quality of the space for user benefit, but also based upon least environmental impact. To enhancei the quality ofl land, proposed programs include camping, picnicking, sand volleyball, trail hiking, nature preserve interpretive signage, as well as a ropes and adventure course. Camping is proposed on the north side oft the lake. Currently, overnight camping is not allowed at any Farmersville Parks. The masterplan proposes overnight camping at Northlake only. By doing sO, this park will offer a regional draw anda revenue source for the city. The nature preserve serves as a designated space for wildlife to live, thrive, and coexist with humans. It provides a habitatf for various species, allowing them tot flourish in their natural environment. Additionally, the preserve offers sightseeing opportunities for park users, creating a mutually beneficial environment for both wildlife and visitors. .By designating this space for wildlife, it actively promotes their conservation while also creating a unique and enjoyable experience for park- -goers. A proposed ropes and adventure course also offersap playground space for campers and all park users. The course will serve alla age categories featuring ana array of activities ranging in difficulty. This space creates a great opportunityt for a regional draw attracting a great retreat spacet for Boy Scouts, clubs, or summer camps. Park Specific Priorities Establish entrance, vehicular access points, and parking lot locations. Designate trail alignments and Kiosk/way-finding locations and campsites. Establishf fishing locations, designate boardwalk locations, and clear thei trees off perimeter of the lake. Develop a beach and kayak launch Install ar ropes and adventure course 64.15 MARCH2 2025 tx Farmersyille 380 Figure 6.14Northlake Park Existing Boundary L 5 / rphy < < E Audie Murphy Pkwy 6 9 - - I A Figure 6.15Northlake Park Proposed Masterplan MARCH2025 64.16 Farmersville Farmersville Park Masterplan Vision ChaparralTrail The Chaparral Trail lisa part of the Northeast Texas Trail Network. Itis more than 150 miles long andi runs through 19 communities. Remarkably, Farmersville has the privilege of occupying five miles oft the Chaparral Trail which boarders three oft their parks: J.W: Spain Athletic Complex, City Park, and Rambler Park. Thus, the trail provides a great opportunity to capture visitors and bring revenue to the town of Farmersville. To prioritize bringing revenue into thet town of Farmersville trailhead connections have been proposed at each of the three borderingi parks. To cater trail users, thet trailheads will include rest stations and access points to key city facilities. These facilities include al recreation facility, sports complex, and restaurants. Additionally, the trail update proposes an all- pavement trail throughout Farmersville. This would result in updated trail maintenance to the unpaved section of the trail between Merit and Celleste. Furthermore, designated parking locations have been proposed to improve trail access points and prevent side street parking. The trail update proposes 4 new or updated designated parking locations. Toi improve the overall trail experience, the Chaparral trail update seeks to improve trail furnishing items. This will enhance trail users experience and represent Farmersville well as one of the 19communities: along the trail. Trail furnishings items include updated benches, restrooms, receptacles, waste stations, and lighting. Updated furnishings will create a theme which better defines the area and helps develop a space to encourage people to stay and enjoy thet trail by creating resting points. Trail Specific Priorities Establish trail maintenance and improved trail surfacing Update trailhead wayfinding and kiosk signage Improve trail access points and designate trail parking zones Update trail furnishing items including benches, lights, receptacles, waste stations, and water fountains 64.17 MARCH2025 1 Farmersville Figure 6.16] Existing Photos and Chaparral Trail Segment Boundary PARKING RRFB WAYFINDING HAWKE PED CROSSING RESTSTATION (RESTROOMS, o BENCHES, WATERI FOUNTAIN, MARKING ETC.) LIGHTING BENCHES FARMERSVILLE BOLLARDS Access Point CELESTE SEGMENTA - o SEGMENTC SEGMENTI B Figure 617/Pepodimpovemens along the Chaparral Trail MARCH 2025 64.18 1 Farmersville Implementation Acity cannot implement all the planned actions andi recommendations at the: same time for several reasons. Some projects will require extensive planning and design and may need to be coordinated with other actions and projects. Others may need resources andi funding that are not yet available. For Farmersville: to achieve their goals outlinedin this plan all actions should be completed and are essential to carry out the vision outlined in this plan. Below describes different time frames, andi thresholds outlined in the plan's Action Matrix, which can be used asa decision-making tool for Farmersville: staff and municipal boards when making updates to the city'sparks andi recreation system. Finance Funding can come from many sources and tools, including partnerships with governments and organizations, local businesses and land owners, real estate developers, grants, ordinances, and more. Potential partners to help fund improvements include, but are not limited to, Collin County (Project Funding Assistance Program), the State ofTexas Parks andWildlife Department, I.S.D, utility companies, transportation agencies (NCTCOG, TXDOT), sports leagues, special interest groups, community groups, volunteer groups, 4B-Board, Park alliance, and E.P.A. Texas Parks and Wildlife offers, The Local Park Grant Program, a program that assist local with the development of public recreation facilities throughout Texas. The Americans with Disabilities Act National Network offers funding opportunities for local governments to make their facilities accessible. Additionally, vendors for playground equipment and parki furniture have connections to grants and funding depending on the type of equipment purchased (made of recycled material, manufactured in the USA, dark skies initiatives).The monetary thresholds shown in the matrix area general representation oft the financial requirement needed for completing the action, ranging from $ (relatively low cost) to $$$$ (likely in excess of $2 million). Table 6.6 displays the estimated cost used for analysis. Timing Priority The timing/priority reflects the general time frame it will take to complete the action and the importance of completing the action versus others. While everya action is important, strategici implementation should be considered to best implement the plan. Actions should be assigned to specific groups for accountability: and to ensure a shared responsibility in implementing the plan. Most short-term actions will not interfere with long term actions amd should be implemented as basic services to provide benefit to the community. Most long term actions generally require a more thorough implementation approach, involving more studies or design development to be done. The timing of projects can change overtime, andi it is important for the different groups to work together during changes to ensure the plan is still completed in the best manner. Table 6.7 below shows the estimated timing for each action. Representation Cost Estimated Dollar Amount Time-frame Estimated Years Estimate $ Upto$200,000 Short-Term Less than5) Years $$ $200,000- $ 500,000 Mid-Term 5-1 10) Years $$$ $500,000- -$2million Long-Term More than 10) Years $$$$ Moret than$ $2r million Ongoing Ongoing Actions Table 6.6JEstimatedCost Table 6.7] Timing andi Priority 64.19 MARCH 2025 I Farmersville Action Matrix The Action Matrix provides a ranked list of guiding principles the community of Farmersville felt were important to prioritized in the masterplan process. Each guiding principle list 4 thresholds which include, estimated cost, time-frame, department leader and the action number. Iti is important to note, the numbers are an estimate and should only be used las a general cost representation. See Table 6.81 for a detailed breakdown of the Action Matrix. Action Action Time Frame Conceptual Number Cost Action 1 Appropriate parking andp pedestrian connections atl larger commu- Short Term $$ nity parks andt trailheads Action 2 Additionalt trailhead parking and connections throughout thec city Short Term $$ tok key areas (Neighborhoods, Schools, Parks) Action 3 Additional safety measures alongt trails at roadway crossings Mid-Term $$ Action 4 Maintenance of existing park and trail facilities Short Term $$ Action! 5 Address infrastructure in existing parks Longl Term $$$$ Action 6 Addition ofa community recreation center Mid Term $$$$ Action 7 Acquiring new parkland forf future open space and parks Short Term $$ Action 8 New city parks Long Term $$$ Action 9 Preservation of open space and natural environment Long Term $ Action 10 Lighting along trails and parks Short" Term $$ Action 11 Amenities alongt trails (dog waste stations, benches, bike racks/ Short Term $$$ repair stations, education signage, water bottler refill stations) Action 12 Additional safety measures in parks Short Term $$ Action 13 Additional baseball fields Mid- Term $$$ Action 14 Dedicated outdoor courts Short Term $$$ Action 15 Adding shade structures to existing parks Mid-Term $$ Action 16 Additional natural and soft surfaced trails Mid- Term $ Action 17 Addings softball fields Long Term $$ Action 18 Artwork and memorials in existingparks Short Term $ Action 19 Amphitheater Mid-Term $$ Action 20 Addition of water features in outdoor parks Long Term $ Table 6.8 |Action Matrix MARCH 2025 64.20 VII. REGULAR AGENDA Agenda Section Regular Agenda Section Number VII. A. Subject Update Welford School Project To Mayor and Council Members From Ben White, City Manager Date March 17, 2025 Attachment(s) Related Link(s) Consideration and Discussion Action Motion/secondivote D Approve D Approve with Updates D Disapprove Motion/secondhvote to continue to a later date. D Approve D Disapprove Move item to another agenda. No motion, no action Agenda Section Regular Agenda Section Number VII.B. Subject Update Farmersville Parkway To Mayor and Council Members From Ben White, City Manager Date March 17, 2025 Attachment(s) Related Link(s) Consideration and Discussion Action Motion/secondhvote D Approve D Approve with Updates D Disapprove Motion/secondivote to continue to a later date. D Approve D Disapprove Move item to another agenda. No motion, no action Agenda Section Regular Agenda Section Number VII.C. Subject 911 CR 616 Request for Removal from City of Farmersville ETJ To Mayor and Council Members From Ben White, City Manager Date March 17, 2025 Attachment(s) Documents Related Link(s) Consideration and Discussion Action Motion/secondvote D Approve D Approve with Updates D Disapprove Motion/secondhvote to continue to a later date. D Approve D Disapprove Move item to another agenda. No motion, no action FROM THE DESK OF Angel M. Barnes-lLindamood March 10, 2025 City ofFarmersville Attn: Tabitha Monk 205 S. Main St. Farmersville, Texas 75442 Petition for Removal from Extra' Territorial Jurisdiction Dear City Council and Development Services, Angel Marie Barnes-Lindamood, the owner of the property described in Exhibit A, requests that the said propertyber released from the Extra Territorial Jurisdiction of City of Farmersville pursuant to the Texas Local Government Code Sec. 42.102(b). Thank you for your assistance in this matter. Shouldy youl have any questions or concerns, feel free to contact me at or Sincerely yours, moe Kundamee Angel Mariel Barnes-Lindamood Date of Birth: Property Address: 911 County Road 616, Farmersville, Texas 75442 Legal Address: ABS A0944 S WALKER SURVEY SHEET2TRACT 121 2.81 ACRES Collin County Property ID: 2613026 2024 2024000105012 08/26/2024 03:53 PM Page of4 Allegiance Title GF # 3016312400140 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION: FROM ANY INSTRUMENT1 THAT TRANSFERS. ANI INTEREST IN REALE PROPERTY: BEFOREIT ISFILEDFOR RECORDIN THEI PUBLICRECORDS: YOUR SOCIALS SECURITY NUMBER OR YOUR DRIVER'SI LICENSE NUMBER. General Warranty Deed Date: August 26, 2024 Grantor: Dwight W. Wilson, as Trustee for The Dwight W. Wilson Revocable Living Trust Grantor's Mailing Address: 24406 Siale Huy! 79 Trakn Tx 75490 Grantee: Angel Marie Barnes- -Lindamood Grantee's Mailing Address: 10 A hc Muly Dhy E Fofmearille Tx 75442 Consideration: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency ofv which is hereby acknowledged. Property (including any improvements): See Exhibit "A" attached hereto andi made ap part hereof. Reservations from Conveyance: None. Exceptions to Conveyance and Warranty: Liens described as part of the Consideration and any other liens described in this deed as being either assumed or subject to which title is taken; validly existing easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded and validly existing instruments, other than conveyances of the surface fee estate, that affect the Property; and taxes for 2024 and subsequent years, which Grantee assumes and agrees top pay. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thercto in any way belonging, tohave and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. 2024 2024000105012 08/26/2024 03:53 PM Page 2 of4 When the context requires, singular nouns and pronouns include the plural. L 16 Dwight W. Wilson, as Trustee for The Dwight W. Wilson Revocable Living Trust STATEOF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on August 26, 2024, by Dwight W. Wilson, as Trustee for The Dwight W. Wilson Revocable Living Trust. NetaryeBefys NATHAN WOOD NOTARY STATE OF PUBLIC TEXAS NotaryPublic, State of Texas OFIE MY COMM. EXP, 06/05/28 NOTARY ID 124847400 Prepared by: Dawn Enoch Moore, P.C. 6030 Sherry Lane Dallas, TX 75225 214/373-3500 Aferreontingrctumto Angel Marie Bames-Lindamood 2024 2024000105012 08/26/2024 03:53 PM Page 3of 4 EXHIBIT "A" BEING a tract or parcel ofland situated Collin County, Texas, being part of the Susanna Walker Survey, Abstract No. 944, being part ofa called 26.40 acre tract of land as described in a court document as recorded in Volume 5774 at Page 1650 (Collin County Clerk's File No. 2004- 0150809) of the Official Records ofCollin County, Texas and being further described as follows: BEGINNING at a3/8 inch iron rod found for a corn ner at the intersection of the center of Collin County Road No. 616 and the west line of said 26.40 acre tract, said Point of Beginning being further marked by a 1/2 inch iron rod found on the north side of fsaid county road bearing N 00954'57" E at a distance of 30.25 feet; THENCE N 00°54'57" E along a fence and the west line of said 26.40 acre tract, a distance of 492.15 feet to a 1/2 inch iron rod found for a corner at the northwest corner ofs said 26.40 acre tract; THENCE N 90°00'00" E along a fence and the north line of said 26.40 acre tract, a distance of 249.20 feet to a 1/2 inch iron rod: set for a corner; THENCE S 00°5457" W a distance of 490.26 feet to a 1/2 inch iron rod set for a corer in the center of said county road; THENCE S 39033'55" W along the center of said county road, a distance of249.23 feet returning to thel Point of Beginning and containing 2.810 acres of land. 0: 12 08/26/2024 3:591 PMI Page 4of4 Collin County Honorable Stacey Kemp Collin County Clerk Instrument Number: 2024000105012 eRecording Real Property DEED Recorded On: August 26, 2024 03:53 PM Number of Pages: 4 " Examined and Charged as Follows: a Total Recording: $33.00 *********** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision. herein which restricts the Sale, Rental or use oft the described REAL PROPERTY because of color or race is invalid and unenforceable under federall law. File Information: Record and Return To: Document Number: 2024000105012 CSC Receipt Number: 20240826000842 Recorded Date/Time: August 26, 2024 03:53 PM User: Devon O Station: Station 4 OLIN STATE OF TEXAS COUNTY OF COLLIN f Ihereby certify that this Instrument was FILED Ini thel File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Public Records of Collin County, Texas. Honorable Stacey Kemp Collin County Clerk Collin County, TX Ppwrkinp 3.225 ACRES WILLE CHAMBLIS 2710 / 439 GLEND 1/2" IRF N 9000'00" E 249.20' 1/2" IRS SUSANNA WALKE WHISPERING HILLS 2.810 ACRES W TRACT 2 BARN 30' EASLMENT TO COLLN COUNTI C.C. FILE NO. 93-0055765 1/2" IRF / 3/8" IRF S 89'33'55" W 249.23' /2" IRS C.R. 616 P.O.B. TR. 2. TREU MOUNGER JIM HOOKS 4448 / 1919 DESCRIPTI IBCAL Clie being part ofu the Susanna in Walker a court caled ofland as describedi 2004- TRACTO ONE tracto or loflands being ssale ofc at PAse Couty, 1650 ( County Clerks further File described No as BENGAL Abstnet 944, Volue Calin E and being document Survey. as recorde in Kecors of 0150809) of the Official for cornera at northeast corner of found said 26.40 in a fence acre follows: 12 inchi jron rods sel Role 12 inch iron rod B. TR. 1 DEGINNING said Point aln of Begining beins of3 33.26 E colincou Road No. 659, a distance No. of 659 484.93 and tract SsES anda along chei intese of Collin County Road R: EeoCey S 01-4852" E joining comer at on of 726.51 fecttoal THENCE 12i inch iron rods 616; set Lfora of Collinica nty Road No. 616, a distance THENCESS Collin Counly 89-3355" Road No. W along the center feetto 1/2 inch iron rod set for a corner in fectioal Rinch iron rods Ea set distance COEaCT of 49026 tract; - a distance of THENCE N north 00-5457 line of fsaid 126.4 40acret andu the north said 26.40 acre of land. tract, fence on ther N 90-0000" E along a fence andcot fat 8.000 acres THENCE to the) Pointo of Begininga 703.29 feetr retumingt Walker Collin County Texas, being part of the Susanna a court ACRES BEINGAD TRACTTWO tract or parcel ofland situated ofa calld 26.40 tract ofl land as described File in No. 2004- Survey, Abstract No. 944, Volume being part 5774 at Page T (Collin County Clerk's further described as document as recorded in Records of Collin County, Texas and being 0150809) of the Official. follows: rod found for a corneratt the intersection of the center of Collin BEGINNING ata38i inch the ironi west line of said 26.40acre tract, said Point of Beginning being N County Road No. 616 and inch iron rod found on thenorh side of said county road bearing further marked by a 12 of30.25f feet; of 0095457'Eata adistance E along a fence and the westline of said 26.40 acre tract, a distance acre THENCE! N 0095457" iron rod found for a cornerat the northwest corner of said 26.40 492.15 feet to a 12 inch RS THENCE tract; N 9000000" E along a fence and the north line of said 26.40 acre tract, a distance of 249.20f feet S toa 1/2 inch iron rod set. fora 490.26 corner; féet to a 1/2 inch iron rod set for a corner in the THENCE 0095457" W a distance of XXEAEXNAaws center ofs saido içounty road; the cenuct oi Saly county ioad, a aistance ol 249.23 feei retuming tot thel Point of Beginning and containing 2.9104eofland SURVTYORSCIKTMICATE I,F Frank R. Owens, Registered Professional Land Surveyor, State of Texas, hereby certify that the plat hereon isat true and correct representation oft the property as determined by survey upon the ground, the lines and dimensions of said property being indicated by the plat, the visible improvements are within the boundaries of the property set back from the property lines the distances indicated and there are NO VISIBLE ENCROACHMENTS CONFLICTS OR PROTRUSIONS,C except as shown on the plat. 0C R - RPLSN Owens No. 5387 Da NVIdE ELIS B 22VSL XL 37IASH3WWV 919 00 LL6 o dOHS GOOWVGNIT E GE 63 6 A G 6 6B A 5A y 1A 3 7 4 3 12 E 3 B e V A 643 A A à Ay T) G A - 3 - G PA - V A5 KA AA 1 Agenda Section Regular Agenda Section Number VII.D. Subject 16301 CR 558 Request for Removal from City of Farmersville ETJ To Mayor and Council Members From Ben White, City Manager Date March 17, 2025 Attachment(s) Documents Related Link(s) Consideration and Discussion Action Motion/secondvote D Approve D Approve with Updates D Disapprove Motion/secondhvote to continue to a later date. D Approve D Disapprove Move item to another agenda. No motion, no action VIA HAND DEL VERY Angela C Cheshier 16301 CR 558 Farmersville, TX 75442 February 26, 2025 Ms. Tabitha Monk City Secretary, City of Farmersville 205 SI Main Farmersville, TX 75442 Re: Petition for Release of Extraterritorial Jurisdiction of City of Farmersville Dear Ms. Monk, Per Section 42.102 and Subchapter D of Chapter 42 of the Texas Local Government Code, lam a resident of an area described in the attached Petition in the City of Farmersville's Extraterritorial Jurisdiction (ETJ), and I am formally filing this Petition with the City of Farmersville for the said area to be released from the City of Farmersville's ETJ. The Petition bears the signature(s) of more than fifty percent of the registered voters of the area described in the Petition as of the date of the preceding uniform election date. The person(s) who have signed the Petition are also owners of and holders of title to a majority in value of the land described in the Petition. Thave obtained all signatures required in less than 180 days after the date oft the first signature on the Petition and all were collected in writing. The Petition includes a map of the land to be released and describes the boundaries oft the land by metes and bounds. On behalf of myself, the signatory on the Petition,! request that the City of Farmersville Texas immediately release the area from the ETJ of the City of Farmersville Texas. Irequest that the signature(s) on the Petition be verified and that I be notified of the results of the Petition in accordance with Section 42.105(d) Texas Local Government Code. Please contact me if you have any questions regarding this Petition Thank you very much. Sincerely/ Angela C Cheshier Encis: Petition to Release from ETJ with survey, property legal description, map of property, Property ID & Account #, Copy of voter card, name affidavit File No.: AL05197045 PROPERTY LEGAL DESCRIPTION (Attachment) BEING a tract of land situated in the George Goodman Survey, Abstract No. 340, Collin County, Texas, and being the same tract of land conveyed to John B. Odle, et ux by deed recorded in Volume 5300, Page 1576 of the Deed Records of Collin County, Texas, and being more particularly described as follows: Beginning at an iron rod found at the intersection of the North line of a 17.89 acres tract of land conveyed to Peter F. Kandel and the Bast line of the M.C. Hamilton Survey, Abstract No. 452, Collin County, Texas; Thence N 01 deg 01 min 34 sec W, along said Bast line, a distance of 643.90 feet to an iron rod found in the South line of a tract of land conveyed to James C. Murray by deed recorded in Volume 3389, Page 867 of the Deed Records of Collin County, Texas; Thence N 89 deg 15 min 00 sec E, along said South line and the South line of a tract of land conveyed to Billy J. Thomas by deed recorded in Volume 1472, Page 447 of the Deed Records of Collin County, Texas, a distance of 509.83 feet to a nail found in the West line of a tract of land conveyed to Ricky A. White by deed recorded in Volume 4505, Page 2519 of the Deed Records of Collin County, Texas; Thence S 03 deg 04 min 14 sec E, along said West line, a distance of 344.67 feet to a fence post corner; Thence N 87 deg 18 min 49 sec E, along a South line of said White tract, a distance of 190.04 feet to an iron rod found for corner; Thence S 00 03 min 54 sec E, along a West line of said White tract, a distance of 234. feet to an iron rod 5. set for corner; Thence N 87 deg 07 min 45 sec B, along a South line of said White tract, a distance of 827.92 feet to an iron rod found for corner; Thence N 75 deg 22 min 39 sec E, along said South line, a distance of 76.28 feet to an iron rod found for corner; Thence S 84 deg 39 min 09 sec E, continuing along said South line and crossing the centerline of County Road No. 558 at a distance of 210.30 feet, a total distance of 233.34 feet to an iron rod found in the Northwest line of the A T & S F Railway right-of-way; Thence S 43 deg 33 min 10 sec W, along said Northwest line, a distance of 38. .50 feet to an iron rod found for corer; Thence S 86 deg 45 min 31 sec W, crossing said centerline at a distance of 24.85 feet and continuing along the North line of a tract of land conveyed to Eddie Hill, et al by deed recorded in Volume 5026, Page 687 of the Deed Records of Collin County, Texas, and along said North line of the Kandel tract, a distance of 1161.80 feet to an iron rod found for corner; Thence S 87 deg 43 min 00 sec W, along said North line of the Kandel tract, a distance of 653.87 feet to the Point of Beginning, and containing 10.0626 acres of land of which 0.0451 acre is in use as public roadway. Note: The Title Company does not represent the square footage or acreage calculations are correct. (6301 CR 558 FARMCRSVILLERY a 8 8 3 3 3 E a 8 E la 3 Agenda Section Regular Agenda Section Number VIL.E. Subject Signage for Southlake Park and Riding Arena To Mayor and Council Members From Ben White, City Manager Date March 17, 2025 Attachment(s) Related Link(s) Consideration and Discussion Action Motion/secondhvote D Approve D Approve with Updates D Disapprove Motion/secondhvote to continue to a later date. D Approve D Disapprove Move item to another agenda. No motion, no action Agenda Section Regular Agenda Section Number VII.F. Subject Update, consider and discuss Code Enforcement To Mayor and Council Members From Ben White, City Manager Date March 17, 2025 Attachment(s) Related Link(s) Consideration and Discussion Action Motion/secondvote D Approve D Approve with Updates D Disapprove Motion/fsecondvote to continue to a later date. D Approve D Disapprove Move item to another agenda. No motion, no action - I - E à E Agenda Section Regular Agenda Section Number VII.G. Subject Appointments to Boards and Commissions and CC Liaisons To Mayor and Council Members From Ben White, City Manager Date March 17, 2025 Attachment(s) Related Link(s) Consideration and Discussion Action Motion/secondhvote D Approve D Approve with Updates D Disapprove Motion/secondlvote to continue to a later date. D Approve D Disapprove Move item to another agenda. No motion, no action 3 5 E g E g E I 3 5 3 I 8 S 8 E - I 1 E 8 I I B I E i 8 E I I I E E E I - I 7 I I I I I I I I I E £ E 3 I € E B E 1 £ I 8 I 9 E E : I de I I I e 5 I = 5 E E g 5 5 g I 1 E g 5 3 g à 3 5 3 E 1 E I 3 - E I 3 e 5 - I I I I I I B E 8 : 8 6 S E i y 7 I I I I I E C E £ 8 E £ € 1 3 E 5 3 E E 5 3 E g 5 5 E g E £ @ E de 3 E 5 % a - 3 - E I E 3 3 I a E E E 3 E E 7 C e I 1 I I B I 9 1 I E - I I 4 I E I E E E E e 8 5 3 I : 5 E 9 5 0 e 3 g 3 1 E 3 E g I 9 g a 8 g 5 o E De E B E I I E I 9 I I 3 B E I 3 9. i E I I I 6 S E € I 1 I I I I C 8 3 E : I 8 I E I 9 I 3 E E g 5 3 3 à g E g a E de I I 9 I de E 3 E i : B E I 8 de 8 E S I I I E à B E 8 1 E I E 7 E E [ B 1 I I 6 1 1 B e E 1 E I £ E 3 5 E E E I I I E E I g 3 g E g 3 g 5 S g 5 5 3 5 E E 5 I - I I I - E I 3 I I E C I E I : E I B E S i I I E a E I I I E I I - : I B E I 8 6 3 5 3 e I n % de 1 8 a I I I I 3 o 3 I E E 3 E 6 E 2 £ 8 I : 8 I I 9 E à B E I 3 1 o 1 I I 00 8 00 le - I 3 1 1 - E - la 8 I I S 9 E £ I I E E E a le 5 3 e - 8 I E B B I E I a I S 8 - S 3 I I I I I 1 1 5 E 3 9 B : I 8 I I 6 & N I e 9 E I I 9 I i I T w 1 - 3 a E I I a 9 E I S a 3 00 B € I de 8 E E e f 8 E 9 de I Agenda Section Regular Agenda Section Number VILH. Subject Discussion regarding changes to the Subdivision Ordinance To Mayor and Council Members From Ben White, City Manager Date March 17, 2025 Attachment(s) Subdivision Ordinance 2018-0508-002 Related Link(s) Consideration and Discussion Action Motion/secondvote D Approve D Approve with Updates D Disapprove Motion/secondivote to continue to a later date. D Approve D Disapprove Move item to another agenda. No motion, no action CITY OF FARMERSVILLE ORDINANCE NO. 2018-0508-002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERSVILLE, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF FARMERSVILLE, TEXAS, BY DELETING CHAPTER 65, ENTITLED "SUBDIVISIONS," IN ITS ENTIRETY AND ADOPTING AND ENACTING THE PROPOSED NEW REGULATIONS CONTROLLING AND PERTAINING TO SUBDIVISIONS THAT ARE ATTACHED HERETO AS EXHIBIT 1 AND ENTITLED "SUBDIVISION ORDINANCE" TO BE CODIFIED AS CHAPTER 65 OF THE FARMERSVILLE CODE AND ENTITLED "SUBDIVISION ORDINANCE'; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; RESERVING ALL EXISTING RIGHTS AND REMEDIES; PROVIDING FOR IMMUNITY; PROVIDING FOR INJUNCTIONS; PROVIDING FOR A PENALTY; PROVIDING FOR THE PUBLICATION OF THE CAPTION OF THIS ORDINANCE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Farmersville, Texas, (the "City") is a Type A General - Law Municipality located in Collin County having a population of less than 5,000 persons as determined by the most recent federal census, created in accordance with the provisions of Chapter 6 of the Local Goverment Code, and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the City Council of the City of Farmersville, Texas, finds and determines that the City's current subdivision regulations, recorded in Chapter 65 of the Code of Ordinances, City of Farmersville, Texas are in need of numerous revisions to better serve the needs oft the City; and WHEREAS, the City Council of the City of Farmersville, Texas, finds and determines that it is in the best interest of the public health, safety and general welfare of the citizens of Farmersville, Texas, to completely delete Chapter 65, "Subdivisions, " of the Farmersville Code in its entirety and adopt and enact the proposed new regulations attached hereto as Exhibit 1 that will hereafter control and pertain to subdivisions to be codified in the Farmersville Code as Chapter 65, "Subdivision Ordinance"; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FARMERSVILLE, TEXAS, THAT: Section1. FINDINGS All of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if set forth in their entirety. Ordinance No. 2018-0508-002 Page 1of5 Section 2. CURRENT CHAPTER 65 OF THE FARMERSVILLE CODE DELETED I From and after the effective date of this Ordinance, Chapter 65, entitled "Subdivisions," is hereby deleted in its entirety. Section 3. EXHIBIT 1, ATTACHED TO THIS ORDINANCE, ENTITLED "SUBDIVISION ORDINANCE" IS HEREBY ADOPTED AND ENACTED AS THE NEW SUBDIVISIONS ORDINANCE FOR THE CITY OF FARMERSVILLE, TEXAS, AND SHALL BE CODIFIED AS CHAPTER 65 OF THE FARMERSVILLE CODE AND ENTITLED "SUBDIVISION ORDINANCE" From and after the effective date of this Ordinance, Exhibit 1 that is attached to this Ordinance and entitled "Subdivision Ordinance" is hereby adopted and enacted as the subdivisions ordinance for the City of Farmersville, Texas. Itis further directed that such Exhibit 1 shall be codified in the Farmersville Code as Chapter 65 and be entitled "Subdivision Ordinance." Section4. REPEALER CLAUSE This Ordinance shall be cumulative of all other Ordinances, resolutions, and/or policies of the City, whether written or otherwise, and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this Ordinance. Any and all ordinances, resolutions, and/or policies of the City, whether written or otherwise, which are in any manner in conflict with or inconsistent with this Ordinance shall be and are hereby repealed to the extent of such conflict and/or inconsistency. Section 5. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the several provisions of this Ordinance are severable, and if any court of competent jurisdiction shall judge any provisions of this Ordinance to be illegal, invalid, or unenforceable, such judgment shall not affect any other provisions of this Ordinance which are not specifically designated as being illegal, invalid or unenforceable. Section 6. RESERVATION OF EXISTING RIGHTS AND REMEDIES All rights and remedies of the City of Farmersville are expressly saved as to any and all violations of the provisions of any Ordinances which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Ordinance No. 2018-0508-002 Page 2 of5 Section7. IMMUNITY All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Farmersville in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his said duties. Sectiong. INJUNCTIONS Any violation of this ordinance can be enjoined by a suit filed in the name of the City of Farmersville in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision in this ordinance or in the Code of the City of Farmersville. Section 9. PENALTY Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Farmersville, Texas, shall be punished by a fine not to exceed the sum of two thousand dollars ($ 2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. Section 10. PUBLICATION The City Secretary of the City of Farmersville is hereby directed to publish in the Official Newspaper of the City of Farmersville the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section 52.011 of the Local Government Code. Section 11. ENGROSSMENT AND ENROLLMENT The City Secretary of the City of Farmersville is hereby directed to engross and enroll this Ordinance by copying the exact Caption and the Effective Date clause in the minutes of the City Council oft the City of Farmersville and by filing this Ordinance in the Ordinance records of the City. Section 12. SAVINGS All rights and remedies of the City of Farmersville are expressly saved as to any and all violations of the provisions of any Ordinances which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Ordinance No. 2018-0508-002 Page 3of5 Section 13. EFFECTIVE DATE This Ordinance shall take effect immediately upon its adoption and publication in accordance with and as provided by" Texas law. h PASSED on first and only reading on the day of 2018, at properly scheduled meetings of the City Council of the City of Farmersville, Texas, there being a quorum present, and approved by the Mayor on the date set out below. * APPROVED THIS DAY OF 2018. APPROVED: BY: Diane C. Piwko Mayor OF FAPRIERS 4 ATTEST: 6 p Sandra Greeg City Secretary SVGaL APPROVED AS TO FORM AND LEGALITY: Alan D. Lathrom City Attorney Ordinance No. 2018-0508-002 Page 4of5 Exhibit 1 Subdivision Ordinance (Consisting of 86 pages) Ordinance No. 2018-0508-002 Page 5of 5 EXHIBIT 1 ORDINANCE #0-2018-0508-002 11D - IIl - ltx Farmersville DISCOVER A TEXAS TREASURE SUBDIVISION ORDINANCE CITY OF FARMERSVILLE Adopted May 8, 2018 CIy OF FARMERSVILLE SUBDIVISION ORDINANCE Table of Contents SECTION 1 GENERAL PROVISIONS. 1.1 AUTHORITY 1.2 PURPOSE. 1.3 APPLICATION OF REGULATIONS 1.4 JUR ICTION. 1.5 ExEMPTIONS.. 1.6 PENDINGA APPLICATIONS. 1.7 INTERPRETATION; CONFLICT; ;SEVERABILITY, 1.8 SAVING PROVISION. 1.9 VARIANCES. 1.10 WAIVERSE FROM DEVELOPMENT EXACTIONS. 1.11 DEFINITIONS. 10 1.12 ENFORCEMENT, VIOLATIONS ANDI PENALTIES 17 SE ECTION 2 PLATT TING PROC EDURES. 17 2.1 ING GENERAL. 18 2.2 OFFICIAL SUBMISSION DATEA AND COMPLETENESS OFA APPLICATION. 19 2.3 FEES, APPLICATIONS FORMSA ANDI PROCEDURES. 20 2.4 SUBMISSION PROCEDURES AND Ciy REVIEW PROCESS. 20 2.5 ACTION BY THER PLANNING AND2 ZONING COMMISSION AND Cy COUNCIL, 21 2.6 APPEALS. 22 2.7 LAPSE OF APPROVAL, REINSTA ME NT AND! DORMANT PROJECTS. 22 2.8 CONCEPTF PLAN : .24 2.9 PRELIMINARY PLAT 26 2.10 FINAL PLAT, .31 2.11 DEVELOPMENTPIATS: .33 2.12 REPLATTING.. .35 2.13 AMENDING PLATS. .37 2.14 PLAT VACATION .39 2.15 MINOR PLATS 40 SECTION: 3 SUBDIVISION DESIGN STANDARDS .42 3.1 ADEQUATER PUBUCFACIITESPOUCY, 42 3.2 BLOCKS AND! LOTS. .43 3.3 MONUMENTS. 44 3.4 STREETS ANDALLEVS. 45 3.5 TRAFFICI IMPACT ANALYSIS. .51 3.6 PRIVATE STREET SUBDIVISIONS. 53 3.7 SIDEWALKS. .58 3.8 WATER AND WASTEWATER FACILITY DESIGN. .59 3.9 STORM WATER COLLECTION AND CONVEYANCE SYSTEMS 60 3.10 RETAINING WALLS .62 3.11 SCREENING, ENTRY FEATURES AND! LANDSCAPING REQUIREMENTS. 62 3.12 PRIVATEL UTILITY SERVICES.. 64 a CITY OF FARMERSVILLE SUBDIVISION ORDIN ANCE 3.13 EASEMENTS. 66 SECTION 4 PARKS, OPEN SPACE AND PUBLIC FACILITIES. .68 4.1 AREASFORF PARKSA AND PUBLIC USE.. 68 4.2 PROTECTION OF DRAINAGE AND CREEK AREAS 69 4.3 PROPERTY OWNERS ORH HOMEOWNERS. ASSOCIATIONS. 71 E ECTI TION! 5 RE QUI JIRE El MENTS FOR COMPLETION, ACCEPTANCE AND MAINTENANCE OF IMPROVEMENTS. .74 5.1 IMPROVEMENTS IN GENERAL 74 5.2 WATER ANDI WASTEWATER! REQUIREMENTS 75 5.3 STORM DRAINAGEA AND WATER QUALITY CONTROLS. 76 5.4 WITHHOLDING CITVSERVICESA AND IMPROVEMENTS UNTIL ACCEPTANCE. 76 5.5 GUARANTEE EOF PUBLIC IMPROVEMENTS. 77 5.6 TEMPORARY IMPROVEMENTS. 80 5.7 FAILURE TOC COMPLETE IMPROVEMENTS.. 80 5.8 ACCEPTANCE OF DEDICATION OFFERS. 80 5.9 MAINTENANCEA AND GUARANTEE OFF PUBLICI IMPROVEMENTS. 81 5.10 CONSTRUCTIONF PROCEDURES. .81 5.11 INSPECTION/ AND AÇCEPTANCE OFF PUBLIC IMPROVEMENTS. 82 5.12 DEFERRAL OF REQUIREDIMPROV:MEMES .83 5.13 ISSUANCE OF BUILDINGF PERMITS AND CERTIFICATESOF OCCUPANCY .83 SECTION 6 PARTICIPATION AND ESCROW.. .84 6.1 PARTICIPATIONF POLICIES. .84 6.2 ESCROW POLICIES ANDI PROCEDURES. 85 E CITYOFF FARMERSVILLE SUBDIVISION ORDINANCE Section 1 General Provisions Section 1 GENERAL PROVISIONS 1.1 AUTHORITY 1) This Ordinance is adopted under the authority of the Constitution and laws of the State ofTexas, including Chapter 212 oft the Texas Local Government Code. 2) The following rules and regulations are hereby adopted as the Subdivision Ordinance of the City of Farmersville, Texas, also referred to herein as "this Ordinance". The City Council hereby extends the application of this Ordinance to the full extent of the extraterritorial jurisdiction of the City of Farmersville. This Ordinance shall be applicable tot thet filing of plats and the subdivision of land, as those terms are defined herein and in Chapter 212 of the Texas Local Government Code, within the corporate limits of the City of Farmersville andi its extraterritorial jurisdiction as those boundaries may be from time to time adjusted by annexation, disannexation, or otherwise. The City shall have all remedies and rights provided by Chapter 212 with regard to the control and approval of subdivisions and plats both within the City and within its extraterritorial jurisdiction. 1.2 PURPOSE 1.2.1 INTERPRETATION, AND APPLICATIONS In the interpretation and application of the provisions of this Ordinance, it is the intention of the City Council that the principles, standards and requirements provided for herein shall be minimum requirements for the platting and developing of subdivisions within the City of Farmersville and its extraterritorial jurisdiction. 1.2.2 VALID GOVERNMENTAL FUNCTION The subdivision of land is the first step in the development process. The distribution and relationship of residential, nonresidential and agricultural uses throughout the community, along with the system of improvements for thoroughfares, utilities, public facilities and community amenities determine, in large measure, the quality of life enjoyed by the residents of the community. Health, safety, economy, amenities, environmental sensitivity, and convenience are all factors that influence and determine a community's quality of life and overall character. A community's quality of life is a matter of public interest. Consequently, the subdivision of land, as it affects a community's quality of life, is an activity where regulation is a valid function of municipal government. The regulations contained herein are intended to encourage the development ofa qualityr municipal environment by establishing standards for the provision of adequate light, air, open space, storm water drainage, transportation, public utilities and facilities, and other needs necessary for ensuring the creation and continuance of a healthy, attractive, safe and efficient community that provides for the conservation, enhancement and protection of its human and natural resources. E CITYOF FARMERSVILLE SUBDIVISION ORDINANCE Section 1- General Provisions 1.2.3 INTENTO OF STANDARDS The procedure and standards for the development, layout and design of subdivisions of land within the corporate limits and extraterritorial jurisdiction of the City of Farmersville, Texas are intended to: 1) Promote the development: andt the utilization of land ina sustainable manner that assures an attractive and high-quality community environment in accordance with the Comprehensive Plan and the Zoning Ordinance oft the City of Farmersville; 2) Guide and assist property ownersa and applicantsi ini the correct procedures tol be followed, and toi inform them of the standards which shall be required; 3) Protect the public health, safety and general welfare of the community by imposing standards for the location, design, class and type of streets, walkways (sidewalks), alleys, utilities and essential public services; 4) Assist orderly, efficient and coordinated development within the City's corporate limits ande extraterritorial, jurisdiction; 5) Provide neighborhood conservation and prevent the development of slums and blight; 6) Integrate the development of various tracts of land into the existing community, and coordinate the future development of adjoining tracts; 7) Provide that the cost of improvements to minimum standards which primarily benefit the tract ofland being developed be borne by the owners or developers of thet tract, and that the cost of improvements to minimum standards which primarily benefit the whole community be borne by the whole community as contained in this Ordinance thereby assuring that the cost of such required improvements is roughly proportionate to the impact of the development on the City's infrastructure; 8) Ensure the most efficient and beneficial provision of public facilities and services for each tract being subdivided; 9) Provide for compatible relationships between land uses and buildings; provide for the circulation of traffic throughout the municipality, having particular regard to the avoidance of congestion in the streets and highways; provide for pedestrian circulation that is appropriate for the various uses of land and buildings; and provide the proper location and width of streets; 10) Preventp pollutionof the air, streams and bodies of water; assure the adequacyofdrainage facilities; safeguard both surface and groundwater supplies, as well as natural resources and endangered or threatened plant and animal life; and encourage the wise use and management of natural resources throughout the municipality in order to preserve the integrity, stability and beauty of the community and the value oft the land; 11) Promote sustainability of development through the preservation of the natural beauty and topography of the municipality, and ensure development that is appropriate with regard to these natural features; 12) Establish adequate and accurate records of land subdivision; - CITYOF FARMERSVILLE SUBDIMISION ORDINANCE Section: 1- General Provisions 13) Ensure that public or private facilities are available and will have sufficient capacity to serve proposed and future developments and citizens within the City and its extraterritorial jurisdiction; 14) Protect and provide for the public health, safety and general welfare oft the community; 15) Provide for adequate light, air and privacy; secure safety from fire, flood and other danger; and prevent overcrowding of the land and undue congestion of population; 16) Protect the character andt thes social land economic stability of all parts of the community, ande encourage the orderly and beneficial development of all parts of the community; 17) Protect and conserve the value of land throughout the community and the value of buildings and improvements upon the land, and minimize conflicts amongt the usesofl land and buildings; 18) Guide public and private policy and action in providing adequate and efficient transportation systems, public utilities, and other public amenities and facilities; and 19) Encourage the development ofas stable, prospering economic environment. 1.2.4 MINIMUM STANDARDS Minimum standards for development are contained in the City's Design Manuals and Standard Construction Details, the Zoning Ordinance, the Building Code, applicable articles of the Code of Ordinances, and in this Ordinance. However, the Comprehensive Plan and Future Land Use Plan express policies designed to achieve an optimum quality of development in Farmersville and its extraterritorial jurisdiction. Subdivision design shall! be ofaqualityt that will carryout the purpose and spirit oft the policies expressed within the Comprehensive Plan and within this Ordinance, and shall be encouraged to exceed the minimum standards required herein, 1.3 APPLICATION OF REGULATIONS 1.3.1 FINAL PLAT APPROVAL REQUIRED Ifland is required to be platted, no conveyance or sale of any portion or Lot of the property may occur until a final plat is approvedb byt the City Council and recorded int the land records of Collin or Hunt County. 1.3.2 ISSUANCE OF BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY Nos subdivision plat shall be recorded until ai finalp plat, accurately describing the property tol be conveyed, has been approved in accordance with this Ordinance and with other applicable City regulations (described in Subsection 1.3.C below). No building permit, certificate of occupancy, plumbing permit, electriçal permit, flood plain permit, utility tap, or certificate of acceptance for required public improvements shall be issued by the City for any parcel of land or plat until: 1) At final plat has been approved in accordance with this Ordinance; and 2) Allimprovements requiredby this Ordinance have been constructed: and accepted byt the City of Farmersville, or assurances for the completion of required improvements have been provided in accordance with. Article VI of this Ordinance. E CITYOF FARMERSVILLE SUBDIVISION ORDINANCE Section 1 General Provisions 1.3.3 COMPLIANCE WITH PLANS AND REGULATIONS Compliance with all City ordinances pertaining to the subdivision of land, and the Comprehensive Plan, shall be required prior to approval of any development application governed by this Ordinance. Itist the property owners' responsibility to be familiar with, and to comply with City ordinances. Applicable ordinances andr requirements include, but are not limited to, the following: 1) Comprehensive Plan, which includes the Future Land Use Plan, Thoroughfare Plan, and associated maps and plans; 2) Zoning Ordinance (Ordinance No. 0-2018-0508-001, as amended); 3) Applicable Chapters of the City'sCode ofOrdinances; 4) Design Manuals for Storm Drainage Systems, Water and Sanitary Sewer-Lines and Thoroughfares adopted by the City; and 5) Standard Construction Details adopted by the City. 1.4 JURISDICTION 1.4.1 JURISDICTION The provisions of this Ordinance shall apply to the following forms of land subdivision and development activity within the City's limits andi its extraterritorial) jurisdiction: 1) The division of land into two or more tracts, lots, sites or parcels; or 2) All subdivisions of land whether by metes and bounds division or by plat, which were outsidet thej jurisdiction of the City'ssubdivision: regulations in Collin orHunt County, Texas and which subsequently came within thej jurisdiction of the City's subdivision regulations through: a. Annexation; or b. Extension of the City's extraterritorial jurisdiction; or 3) The combining of two or more contiguous tracts, lots, sites or parcels for the purpose of creating one or more legal lots in order to achieve a more developable site, except as otherwise provided herein; or 4) When a building permit is required for un-platted or improperly platted parcels for one oft the following uses: a. Residential single-family: Construction ofa new single-family dwelling unit; or . Moving ofa primary structure or main building onto a piece of property; or ii. Renovation or expansion of an existing main building in excess of 50% of the square footage of the current structure; or b. Nonresidential: and multi-family: I. Construction ofa new nonresidential or multi-family structure; or ii. Additions to, ort modification of an existing building in excess of50% ofi its current size; or - CITYOF FARMERSVILLE SUBDIVISION ORDINANCE Section 1- General Provisions ii. Moving a primary structure onto a parcel of property; or Fort tracts where any public improvements are proposed; or d. Whenever a property owner proposes to divide land lying within the City or its extraterritorial jurisdiction into two or more tracts, and claims exemption from Subchapter A of Chapter 212 of the Texas Local Government Code for purposes of development, that results in parcels or lots each of which parcels or lots are greater than five (5) acres in size, where each part has access and where no public improvement is being dedicated, he shall first obtain approval ofa development plat that meets the requirements of Texas Local Government Code Chapter 212, Subchapter B, Regulation of Property Development, Sections 212.041 through 212.050. (See Section 2.11 of this Ordinance for requirements for development plats.) 1.5 EXEMPTIONS 1.5.1 EXEMPTIONS The provisions of this Ordinance shall not apply to: 1) Development of land platted and approved prior to the effective date of this Ordinance, except as otherwise provided for herein and for which no re-subdivision or replat is sought; or 2) Development of 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 Collin or Hunt County, Texas on or before the effective date of this ordinance, or 3) Sale, inheritance, or gift ofl land by metes and bounds of tracts greater than five (5) acres in size, where each part has access and upon which no improvement is being dedicated, and no subdivision or alteration is occurring; or 4) Existing cemeteries complying with all State and local laws and regulations; or 5) Divisions of land created by order ofa court of competent jurisdiction; or 6) Whena a building permit is requested for un-platted or improperly platted parcels for one orr more of the following activities: a, Remodeling or repair of an existing primary structure which involves no expansion of square footage beyond the original structure; or b. Construction of subordinate facilities such as fences and accessory buildings (as definedi in the Zoning Ordinance); or C. Moving: a structure offa lot or parcel, or for demolition permits. CITYOFF FARMERSVILLE SUBDIVISION ORDINANCE Section 1 General Provisions 1.6 PENDING APPLICATIONS 1.6.1 REGULATORYR REVIEW All applications for plat approval, including final plats, that are pending on the effective date of this Ordinance and which have not lapsed shall be reviewed under the regulations in effect immediately preceding the effective date of this Ordinance. Not withstanding the foregoing, a property owner may opt, at the owner's sole discretion, that such a plat ber reviewed under this Ordinance. 1.7 INTERPRETATION; CONFLICT; SEVERABILITY 1.7.1 INTERPRETATION In their interpretation and application, the provisions contained in this Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety ànd general welfare. These regulations shall be construed broadly to promote the purposes for which they are adopted. 1.7.2 CONFLICTWITH OTHER LAWS These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute or other provision ofl law except as providedi in this Ordinance. To the extent that this Ordinance promulgates standards or imposes restrictions or duties which differ from those imposed by other City ordinances, rules or regulations, the regulations contained within this Ordinance the provision thati is more stringent or imposes a higher standard shall control. 1.7.3 SEVERABILITY If any part or provision of this Ordinance, or the application of this Ordinance to any person or circumstance, is adjudged invalid by any court of competent jurisdiction, thej judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which the judgment shall be rendered, and it shall not affect or impair the validity of the remainder of these regulations or the application oft them toother persons or circumstances. The City Council herebyo declares that it would have enacted the remainder of these regulations even without the incorporation in this Ordinance ofa any such part, provision, or application which may be judgedi invalid. 1.8 SAVING PROVISION This Ordinance shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations, or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right ofthe City under any section or provisione existing at the time of adoption ofthis Ordinance, ora as vacating or annulling any rights obtained by any person, firm or corporation, by lawful action of the City except as shall be expressly provided in this Ordinance. - CITYOF FARMERSVILLE SUBDIVISION ORDINANCE Section 1 General Provisions 1.9 VARIANCES 1.9.1 VARIANCES Where the City Council, aftera recommendation from the Planning and Zoning Commission (Commission), finds that undue hardship will result from strict compliance with a certain provision(s) of this Ordinance, or where the purposes of these regulations may be served to a greater extent by an alternative proposal, the City Council may approve a variance from any portion of these regulations so that substantial justice may be done and the public interest is secured, provided that the variance shall not have the effect of nullifying the intent and purpose of these regulations, and further provided that the City Council shall not approve a variance unless it shall make findings based upon the evidence presented to itine each specific case that: 1) Granting the variance will not be detrimental to the public safety, health or welfare, and will not be injurious to other property or to the owners of other property, and the variance will not prevent the orderly subdivision of other property in the vicinity; 2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought, and are not applicable generally to other property; 3) Because of the particular physicals surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the property owner would result, as distinguished from amere inconvenience, ifthe strict letter oft these regulations is carried out; 4) The variance will not in any manner vary the provisions of the Zoning Ordinance or Comprehensive Plan or any other adopted plan(s) of the City; and 5) An alternate design willg generally achieve the same result or intent as the standards and regulations prescribed herein. Such findings of the City Councii, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the City Council meeting at which a variance is considered. A variance from any provision of this Ordinance may be granted only when in harmony with the general purpose and intent of this Ordinance 50 that the public health, safety and welfare may be secured and substantial justice done. Economic hardship to the property owner or developer alone shall not be deemed to constitute undue hardship or otherwise justify a variance from the requirements of this Ordinance. 1.9.2 CONDITIONS In approving a variance the City Council may require such conditions as will, in its judgment, secure substantially the purposes described in Section 1.2. 1.9.3 PROCEDURES Apetition for a variance shall be submitted in writing byt the property owner to the Commission before or contemporaneousily witht thep plat or replat submitted for the Commisonmiscomsaenation: The application E CITYOFF FARMERSVILLE SUBDIVISION ORDINANCE Section 1- General Provisions shall state fully the grounds for the variance, and all of the facts relied upon by the Applicant. The Commission shall hold a hearing on the requested variance from this Ordinance and after having heard from the Applicant and all other interested persons the Commission shall forward a recommendation regarding the requested variance to the City Council, together with the Commission's recommendation regarding the plat or replat. The City Council shall: similarly holda hearing on the requestedv variance from this Ordinance, and after public testimony and giving due consideration to the recommendation of the Commission, the City Council shall approve or disapprove the requested variance. The City Council shall also approve or disapprove the subject plat or replat in accordance with this Ordinance and the laws of the State of Texas. 1.10 WAIVERS FROM DEVELOPMENT EXACTIONS 1.10.1 WAIVERS FROM DEVELOPMENT ExACTIONS Itist the City'sintent that any required development exactions shall be roughly proportional to the impact that any proposed development or redevelopment creates on the Citysinfrastructure and resources. The property owner or applicant for plat approval may file a petition for relief from a dedication or construction requirement that is' applied or imposed as a condition of approval of a preliminary plat or final plat in accordance with the following procedures: 1) Petition for Relief - The property owner or applicant must submit a written petition for relieft to the City Manager at least 10days prior to the Planning and Zoning Commission's consideration ofa preliminary plat or final plat. The petition shall state the reasons for the waiver request and must indicate the dedication or construction requirements for which relief is being requested. An applicant may also submit a petition for relief from conditions of plat approval added by the Commission through its consideration of a preliminary plat or final plat. This petition must be submitted no later than 10 days following the Commission's action. 2) Consideration of Plat Upon filing an appeal, the applicant is thereby requesting the postponement of consideration ofa pending plat application by the Planning and Zoning Commission, pending preparation of the study required by subsection 3 below, and completion of the appeal process, in which case the applicant shall also waive the statutory period for deciding plats for the time needed to decide the appeall by the City. 3) Study Requirements The city shall provide study in support of the dedication or construction requirements. The petitioner may provide study in support oft the waiver request. The city'sstudy shall include the following information: a. Total capacity of the city's public infrastructure system or improvements to be dedicated to the city to be utilized by the proposed subdivision, employing standard measures of capacity and equivalency tables that relate the type of development proposed to the quantity of system capacity. If the proposed subdivision is to be developed in phases, such information shall be provided for the entire development. E CITYOFF FARMERSVILL E SUBDIVISION ORDINANCE Section 1- General Provisions b. Total capacity to be supplied to the city's infrastructure system by the proposed dedication of an interest in land or construction of capital improvements. Comparison of the capacity of the city's public facilities system to be consumed by thep proposed subdivision with the capacity tol be supplied by the proposed dedication of an interest in land or construction of capital improvements. In making this comparison, the impacts on the city's public facilities system from the entire development shall be considered. d. The effectofanyo city participation int the costs of oversizing the capitali improvements to be constructed. 1.10.2 CmENIIREOAMEPATeN the City Engineer shall evaluate the petition and any supporting study provided by the petitioner and make a recommendation to the Planning and Zoning Commission based upon the city's study, any submitted petitioner's study and his/her own analysis. The City Engineer may utilize any reasonable methodology and information in evaluating the petition. 1.10.3 CONSIDERATION OF PETITION Based upont the petition, any studys submitted by the petitioner and the City Engineer's recommendation, the Planning and Zoning Commission shall make a recommendation to the City Council as to whether the application of the regulations for dedication or publici improvements is roughly proportional to the nature andi impact created by the development. The Commission, and: subsequently the City Council in making its final decision, shall consider one oft the following recommendations regarding the petition for relief: 1) Denial oft the petition and imposition of the standard or condition requiring dedication or construction of capital improvements in accordance with the regulations contained within this ordinance. 2) Granting of the petition and waiver in whole or in part any dedication or construction requirement necessary to meet the criteria for approval. 3) Accepting alternative designs for the publici infrastructure. system or improvements to be dedicated to the city. 4) Delaying the imposition of the requirement until a future phase of development. Ifa delay is recommended, the future phase of development must be clearly defined. 5) Reduction in the applicant's cost of the dedication or construction requirement. 1.10.4 CRITERIA FOR APPROVAL The City Council shall determine whether the application of the regulations requiring dedication' of an interest in land for public improvements or construction of capitali improvements is roughly proportional tot the nature and extent ofthe impactscreated by the proposed development on such water, wastewater, roadway or drainage system, and reasonably benefits the development. E CITY OF FARMERSVILLE SUBDIVISION ORDINANCE Section 1- General Provisions 1.10.5 LAPSE OF PLAT APPROVAL Ifrelief fis granted to the petitioner, it shall remain in effect for thet time period specified in Section 2.71 for each type of plat, and shall end upon expiration of the plat. Plat approvals may be extended as provided in Section 2.7. 1.10.6 PLATMODIFICATION Ifaplatf forv which relief wasgrantedi isr modifiedt toi increase the number of residential units or the intensity ofr non-residential uses, the City Engineer may prepare a new study to validate the relief. The petitioner may file forr relief, and the new application and studys shall be submitted and processedi in accordance with this section. 1.10.7 EFFECTO ON OTHER ORDINANCES No waiver granted pursuant to this section shall waive any dimensional requirement of the City's Zoning Ordinance including but not limited to lot depth, lot width, lot area, lot coverage, setbacks, landscaping and! buffers. Any waiver from thel literalinterpretation anda applicationoft the City's Zoning Ordinance shall bes strictly governed by the City'sZoning Ordinance and state law. Additionally, a waiver granted pursuant to this Ordinance shall not relieve the property owner from compliance with anyother statute, ordinance, rule or regulation imposed by the City, county, state or federal government upon the development of the subject property. 1.11 DEFINITIONS For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meaninge given herein. When noti inconsistent with the context, words used in the present tense shall include the future tense; words in the plural number shall include the singular number (and vice versa); and words in the masculine gender shall include the feminine gender (and viçe versa). Definitions not expressly prescribed herein are to be determined in accordance with customary usage in municipal planning and engineering practices. The word"shall" isa always mandatory, while thev word' "may"ismerely directory. 1) Addition A lot, tract or parcel of land lying within the City's corporate boundaries or extraterritorial jurisdiction which is intended for the purpose of subdivision or development. 2) Administrative Officers Any officer of the City of Farmersville referred to in this Ordinance by title, including but not limited to the City Manager, City Attorney, City Secretary, City Planner, Building Official and City Engineer shall be the person so retained in that position by the City, or his or her duly authorized representative. This definition shall also include engineering, planning, legal and other consultants retained by the City tos supplement or supporte existing City staff, as deemed appropriate by the City. 3) Alley AI minor public right-of-way not intended to provide the primary means of access to abutting lots, which is used primarily for vehicular service access to the rear or sides of properties otherwise abutting on a street. The length of an alley segment is to be - CITY OF FARMERSVILLE 10 SUBDIVISION ORDINANCE Section 1 General Provisions measured from the right-of-way lines of the streets from which the alley is provided access, including any alley turnouts onto a street. 4) Amended or Amending Plat A revised plat correcting errors or making minor changes tot the original recorded final plat, as authorized by Tex. Loc. Govt Code S: 212.016. 5) Amenity : An improvement to be dedicated to the public or to the common ownership of the lot owners of the subdivision and providing an aesthetic, recreational or other benefit, other than those prescribed byt this Ordinance. 6) Applicant : A person who submits an application for an approval required by this Ordinance. 7) Application : A written request for an approval required by this Ordinance. 8) Base Flood The flood having a one percent (1%) chance of being equaled or exceeded in any given year. 9) Block Length or Street Length For a residential subdivision, that distance measured along the centerline of the street from the intersection centerpoint of one through street to the intersecting centerpoint of another street, or to the midpoint ofa cul-de-sac. The through street referred to above shall not be a cul-de- -sac, a dead-end street, ora looped street, but shall be a street which clearly has two points of ingress from two different directions. 10) Bond-- Any form ofas surety bond ina an amount and form satisfactory to the City. 11) Building Setback Line The line within a property defining the minimum horizontal distance between a building or other structure and the adjacent street right-of-way line, property! line, a creek, or some other specific environmental feature. 12) Capital Improvements Program (CIP) - The official proposed schedule, if any, of all future public projects listed together with cost estimates and the anticipatedi means of financing each project, as adopted Iby City Council. 13) City : The City of Farmersville, Texas. 14) City Attorney - The term City Attorney shall apply only to such attorney, or firm of attorneys, that has been specifically employed by the City to assist in legal matters. 15) CityCouncil- : The duly elected governing body of the City of Farmersville, Texas. 16) City Engineer The term "City Engineer" shall apply only to such licensed professional engineer, or firm of licensed professional consulting engineers, that has been specifically employed by the City to assist in engineering-related matters. 17) CityManager - The person! holding the position ofCity Manager, as appointed by the City Council. 18) City Planner : The term "City Planner" shall apply only to such practicing, professional land planner, or firm of professional land planners, that has been specifically employed by the City to assist in planning- and zoning- related matters. 19) Commission The Planning and Zoning Commission of the City. 20) Comprehensive Plan The phrase "Comprehensive Plan" shall mean the Comprehensive Plan of the City and adjoining areas as adopted by the City Council, including all its ES CITY OF FARMERSVILLE 11 SUBDIVISION ORDINANCE Section 1- General Provisions revisions. This Plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks, water and wastewater facilities, and other public and private developments and improvements. 21) ConceptPlan Amap generally showing all topography, trees, drainage patterns, existing utilities, existing infrastructure, etc. on which is superimposed a drawing of the overall conceptual layout of a proposed development, which shows the anticipated plan of development, and which serves as a working base for noting and incorporating suggestions of the City's administrative officers, the Commission, the City Council, and others who are consulted prior to preparation of the preliminary plat. A concept plan is also sometimes referred to as a "site plan" or a "land study". 22) Contiguous : Lots are contiguous when at least one boundary line or point of one lot touchesal boundaryl line, or lines, or point of another lot. 23) Cul-De-Sac : A street having only one outlet to another street, and terminated on the opposite end by a vehicular turnaround or "bulb". The length ofa cul-de-sac is to be measured from the intersection centerpoint of the adjoining through street to the midpoint ofthe cul-de-sac bulb, 24) Dead-End Street A street, other than a cul-de-sac, with only one outlet to another street. 25) Design Standards The City of Farmersville's technical construction standards and specifications for the construction of subdivision improvement, as published in the then current Manuals for the Design of Storm Drainage Systems, Water and Sanitation Sewer Lines and Thoroughfare Standards, as maintained and available for inspection at the City Hall. 26) Easement - The word "easement" shall mean an area of joint use on private property. a. 1. Drainage or utility easements are areas upon which the City or a public utility shall have the rightt to remove and keep removed all or part of any buildings, fences, trees, shrubs and other improvements or growths which in any way endanger or interfere with the construction, maintenance or efficiencyo ofi its respective systems within said easements. The City and public utilities shall, at all times, have the right of ingress and egress to and from and upon easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or part of their respective systems without the necessity at any time of procuring the permission of anyone. b. 2.Accesse easementsa are areas, which are open to the general public at large thats shall remaina at all times open to the public for access. 27) Engineer A person duly authorized and licensed under the provisions of the Texas Engineering Practice Act toy practice the profession of engineering. 28) Engineering! Plansor Drawings-- Ther maps or drawings accompanyingaplat and: showing the specific location and design of all changes and improvements to be installed in the E a CITY OF FARMERSVILLE SUBDIVISION ORDINANCE 12 Section 1 General Provisions subdivision in accordance with the requirements of the City asa condition of approval of the plat. 29) Escrow - Adeposit of cash with the City in accordance with this Ordinance. 30) Extraterritorial. Jurisdiction_ET) - all land situated, as classified by the Texas Local Government Code chapters 42, 43 and 212, in all directions from the corporate boundary of the city and its extensions, and which is not in conflict with the ETJ of another municipality, or with any duly executed boundary agreement with another incorporated municipality. 31) FinalPlat(also Record Plat) - The one official and authenticr map of fan as built subdivision ofland prepared from actual field measurement and staking of all identifiable points bya surveyor or engineer, with the subdivision location referencedt to a GPScontrol point, and with all boundaries, corners and curves of the land division sufficiently described 50 that they can be reproduced without additional references and showing all streets and lots, easements, dedications and other pertinent features as constructed on the ground and as accepted by the City. The final plat of any lot, tract or parcel of land shall ber recorded in the land records of Collin or Hunt County, Texas following acceptance and approval! by the City. An amended plat is also a final plat. 32) Governing Body The City Council of the City of Farmersville, Texas. 33) Improvement orDevelopment Agreement A contract entered into by the applicant and the City, by which the applicant promises to complete the required public improvements within the subdivision or addition within a specified time period following final plat approval. 34) Land Study ALand Studyi is also known as a "Concept Plan". 35) Land Planner Persons, including surveyors or engineers, who possess and can demonstrate a valid proficiency in the planning of residential, nonresidential and other related developments, such proficiency often having been acquired by education in the field of landscape architecture or other specialized planning curriculum, or by actual experience and practice in the field ofl land planning. 36) Lot(alsoLotof fRecord) - A divided or undivided tract or parcel of land having frontage on a public street, and which is, or which may in the future be, offered for sale, conveyance, transfer or improvement; which is designated as a distinct and separate tract; and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed of record. 37) Major Plat -Allplatsnot classified as minor plats, including butr tnotl limited to: subdivisions of more than four (4) lots, or any plat that requires the construction of a new street (or portion thereof) or the extension of a municipal facility as required by this or any other City ordinance. 38) MajorSubdivision- - This is the same as a "Major Plat". E CITYOFF FARMERSVILLE SUBDIVISION ORDINANO CE 13 Section 1 General Provisions 39) Minor Plat- A: subdivision of land resulting in four (4)d ori fewer lots fronting on an existing street and not requiring the creation of any new street or the extensions of municipal facilities. 40) Minor Subdivision This is the same asa Minor Plat. 41) On-Site Facilities or Improvements These are the existing or proposed facilities or improvements constructed within the property boundaries of the plat, and the existing or proposed facilities required to be constructed or improved immediately adjacent to the property that are needed to serve the development. Facilities and improvements include, but are not limited to, streets, alleys, water lines, sewer lines, storm drainage facilities, and curbs and gutters. 42) Off-Site Facilities or Improvements Off-site facilities shall mean those facilities or improvements that are required to serve the site but that are not located within the boundaries of the plat, and are not required to be constructed or improved immediately adjacent to the property to serve the development. These include oversizing for streets, sewer lines, water lines and storm drainage facilities, as well as the excess capacity of facilities such as water storage tanks and wastewater treatment plants available for new development. 43) Overlength Street A street segment, or a cul-de-s sac or alley segment, which exceeds ther maximum length allowed by this Ordinance, as measured along the centerline of the street from the intersection centerpoint of one through street, which shall not be a cul- de-sac or dead-end or looped street, to the intersecting centerpoint of another through street or, in the case of a cul-de-sac, to the midpoint of the cul-de-sac. For an alley segment, the measurement shall be to the right-of-way lines of the streets from which the alley is provided access, including any alley turnouts, or from the centerpoint of an intersection with another alley, which connects to a street. 44) Pavement Width - The portion ofa street that is available for vehicular traffic. Where curbs are used, it is the portion from the back of one curb to the back of the opposite curb. 45) Perimeter Street Any existing or planned street which abuts the subdivision or addition to! be platted. 46) Person Any individual, association, firm, corporation, governmental agency, political subdivision, or legal entity of any kind. 47) Planning andz Zoning Commission The duly appointed Planning and Zoning Commission oft the City of Farmersville, Texas, in accordance with Section 211.007 of the Texas Local Government Code. 48) Plat This means a preliminary plat, final plat, development plat, amended plat or replat, as determined by the context. 49) PreliminaryPlat : The graphic expression of the proposed overall plan for subdividing, improving ando developinga tract, showingi inj planview the proposed street andl lotlayout, easements, dedications and other pertinent features, withs such notations asares sufficient E3S CITYOF FARMERSVILLE SUBDIVISION ORDINANCE Section 1- General Provisions to substantially identify the general scope and detail of the proposed development, as well as its compliance with all requirements of the development codes of the City of Farmersville. Engineering plans for all publici improvements: shall be submitted along with the preliminary plat. The Preliminary Plat is subject to approval by the Planning and Zoning Commission and City Council. 50) Private Street A private vehicular access way, including an alley, that is shared by and thats serves two or more lots, whichist not dedicated to thep public, andy whichis notpublicly maintained. YY. Property Owner (also known as "Applicant" or "Subdivider" or "Developer"). Any person or firm, association, syndicate, general or limited partnership, corporation, trust or other legal entity, or any agent thereof, that has sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this Ordinance. In any event, the term "property owner" shall be restricted to include only the owner(s) or authorized agent(s) of such owner/s), such asa developer ofland sought to be subdivided. 51) Public improvements - Facilities, infrastructure and other appurtenances, typically owned and maintained by the City, which serve a public purpose in providing needed service or commodity, such as wastewater collection and treatment and water storage and distribution, and which protect the general health, safety, welfare and convenience of the City's citizens, including efficiency in traffic circulation and access for emergency services. Required public improvements may include, but shall not be limited to, street and alley paving, including any necessary median openings and left turn lanes on major thoroughfares; water lines and pumping stations; sanitary sewer lines and lift stations; storm drainage structures and storm water management devices; water quality and erosion controls; screening and retaining walls; fire lane paving and fire hydrants; landscaping, where suchisusedf for required screening or other reguredlenciscapedare, and associated irrigation system; and any required public sidewalks, street lights and street name signs. The term "public improvements" shall not include facilities or infrastructure of private providers of utility services other than water and wastewater, but shall be deemed to include facilities and infrastructure that the City would normally require of a development but which will be owned and maintained by an entity such as a homeowner's association, as int the case of private streets. 52) Record Plat A map, drawing or chart prepared according to the provisions of this chapter, and containing all engineering and legal data, dedications, and certificates necessary to the recording of same in the map and plat records of the county. Ar record plat may also be referred to as a final plat. 53) Replatting orReplat This is the re-subdivision of any part or all of fa block or blocks ofa previously platted subdivision, addition, lot or tract. 54) Right-of-Way --Ap parcelofl land occupied, orintended to bec occupied, bya street ora alley. Where appropriate, right-of-way may include other facilities and utilities such as sidewalks; railroad crossings; electrical, communication, oil and gas facilities, water and CITYOFF FARMERSVILLE 15 SUBDIVISION ORDINANCE Section 1- General Provisions sanitary and storm sewer facilities; and any other special use. The use of right- -of-way shall also include parkways and medians outside of the paved portion of the street. The usage of the term' "right-of-way" for land platting purposes shall mean that every right- of-way hereafter established: and shown on at final platis tol bes separate and distinct from the lots or parcels adjoining such right of-way, and shall not be included within the dimensions or areas of such lots or parcels. 55) StandardStreet- Astandards streeti isas street or road that meetso or exceeds ther minimum specifications in the City's standard street specifications, and which is constructed to the ultimate configuration for the type of roadway it is designated for on the City's Thoroughfare Plan. 56) Street A right-of-way, whether public or private and however designated, which provides vehicular access to adjacent land. Streetsr may be of the following categories: a. 1. Major thoroughfares, also known as arterial streets or primary thoroughfares, which provide vehicular movement from one neighborhood to another or to distant points within the City, and including freeways or highways leading to other communities. b. 2. Collector streets, also known as feeder streets or secondary thoroughfares, which provide vehicular circulation within neighborhoods, and from local streets to major thoroughfares. C. 3. Local residential streets, also known as minor thoroughfares or streets, which primarily provide direct vehicular access to abutting residential property. d. 4. Private streets are streets which are owned and maintained by a homeowner's association or property owners' association, and which are not dedicated to the public. 57) Street_Improvements This means any street or thoroughfare, together with all appurtenances required by City regulations to be provided with such street or thoroughfare including, but not limited to, walkways (sidewalks), drainage facilities to be situated in the right-of-way for such street or thoroughfare, traffic control devices, street lightsa and street signs, forv which facilities the Citywill ultimately assume ther responsibility for maintenance and operation. 58) StreetLength - This phrase means the same as Block Length. 59) Street Right-of-Way : The width of the right-of-way for any roadway is the shortest perpendicular distance between the lines which delineate the rights-of-way of the street. 60) Subdivision lalso knowna as Addition) A division or re- -division of any tract of land situated within the City's corporate limits or its extraterritorial jurisdiction into two or more parts, lots or sites, for the purpose, whether immediaté or future, of sale, division ofownership, or building development. Subdivisioni includes the re-subdivision ofland or lots which are part of a previously recorded subdivision. E CITYOF FARMERSVILLE 16 SUBDIVISION ORDINANCE Section 1 General Provisions 61) Submission Date The submission date is when all necessary forms, fees, information, plans and copies have been submitted to the City, previewed, and deemed as complete by action of issuance ofa fee receipt byt the City. 62) Substandard Street - An existing street or road that does not meet the minimum specifications in the City's standard street specifications, and which is not constructed to the ultimate configuration for the type of roadway it is designated for on the City's Thoroughfare Plan. 63) Survevor- Alicensed land surveyor rorar registered public surveyor, as authorized by State statutes to practice the profession of surveying. 64) TCEQ Texas Commission on Environmental Quality (formerly TNRCC). 65) Temporary Improvements Improvements built and maintained by the property owner that are needed to remedy a circumstance that is temporary in nature, such as a temporary drainage easement or erosion control device, that will be removed upon completion of the subdivision or shortly thereafter. 66) Yard - The open area between building setback lines and lot lines. 1.12 ENFORCEMENT, VIOLATIONS AND PENALTIES 1.12.1 VIOLATIONS Itshall be unlawful for any owner or agent of fany owner to subdivide or plat any land into lots, blocks and streets or to sell property therein and thereby which has not been platted or subdivided in accordance with the Subdivision Ordinance. Its shall be unlawful for any person to violate any term or provision of the Subdivision Ordinance. 1.12.2 PENALTIES Any person, firm or corporation violatinga any of the provisions ort terms oft the Subdivision Ordinance shall be deemed guiltyofar misdemeanor: and, upon conviction thereof, be subjectt ttoaf fine nott to exceed $2000 ore eachoffense. Each and everyo day such violation shall continue shall be deemedt to constitute as separate offense. 1.12.3 CIVIL ENFORCEMENT Appropriate civil actions and proceedings may be maintained in law or in equity to prevent unlawful construction, tor recover damages, toi impose additional penalties, to restrain, correct, or abate av violation oft these regulations, whether such violation occurs with respect to lands within thec corporate boundaries of the city or within the city's extraterritorial jurisdiction. These remedies shall be in addition to the penalties described above. Section 2 PLATTING PROCEDURES CITYOF FARMERSVILLE BDIV IVISION ORDINAN Section 2 Platting Procedures 2.1 IN GENERAL 2.1.1 CLASSIFICATION OF SUBDIVISIONS AND ADDITIONS Before any land subdivision is filed for record with the County Clerk, the property owner shall apply for and secure City Council approval of the required subdivision plat, in accordance with the following procedures, unless otherwise provided within this Ordinance. 1) Minor subdivision plats may be approved for residential or nonresidential properties. Minor plat approval by the City Manager requires the submission ofa final plat drawing and other submission materials required by Section 2.10 of this Ordinance. Lots may be conveyed or sold only after the plat has been approved by the City and the plat has been recorded with Collin or Hunt County. 2) Major subdivision platsr may! be approved for residential or nonresidential properties. The procedure for approval of fa major subdivision typically involves three steps: concept plan, preliminary plat and final plat. Sections 2.8 through 2.10 of this Ordinance provide the requirements for each submittal. Major plat approval shall be in accordance with Sections 2.4 through 2.6 of this Ordinance. All major subdivision plats must be reviewed by the Commission and approved by the City Council, pursuant to Sections 2.4 through 2.6 of this Ordinance. Upon completion of the required public improvements, or upon submission and City approval loft the appropriate suretyi for required publici improvements in accordance with Article Vibelow, the property owner may file the final plat in the land records of Collin or Hunt County. Lots may be sold only after the final plat has been recorded in the appropriate county. No conveyance or sale of any portion or lot of the property may occur until after the final plat is approved by the City Council andi filed. 3) Replats may be approved, after public hearings before the Planning and Zoning Commission and City Council, in accordance with Section 2.12. 2.1.2 ZONING REQUIREMENTS Aproperty within the City's corporate limits that is being proposed for platting must be properly zoned as required for the proposed subdivision prior to submission of an application for approval of any plat. In addition, the proposed development layout or subdivision design shown on the proposed plat must bei in conformance with all standards and requirements prescribed in the City's Zoning Ordinance. Any plat submitted for approval by the City shall conform to and be in conformity with the City's Zoning Ordinance, ifthe propertyisl located withint the City'scorporatel limits, and, ifthe propertyisiocatedwithin the City'scorporate limits or extraterritorial) jurisdiction,i it shall conform to and be in conformity with the City's Comprehensive Plan, including all adopted water, sewer, storm drainage, future land use, park, recreation, open space and thoroughfare plans. - CITYOF FARMERSVILLE 13 SUBDIVISION ORDINANC Section 2 Platting Procedures 2.1.3 PRE-APPLICATION CONFERENCE Prior to formal application for approval of any concept plan or plat, the applicant and/or representatives shall request and attend a mandatory pre-application conference to become familiar with the City's development regulations and the subdivision process. 2.2 OFFICIAL SUBMISSION DATE AND COMPLETENESS OF APPLICATION 2.2.1 TIMING OF APPLICATION A technically complete application for approval of any plat shall be submitted to the City at least sixteen (16) calendar days but no more than thirty (30) calendar days, prior to the Commission meeting at which the applicant desires the plat to be considered. The applicant may submit a technically complete application for approval of any plat more than thirty (30) calendar days prior to the Commission meeting only if the applicant voluntarily waives in writing the thirty (30) day requirement for action of Section 212.009 of the Texas Local Government Code. For the purpose of these regulations, the official submission date shall be the date upon which a technically complete application for approval of any type of plat that contains all required elements mandated by Section 212.004(b) of the Texas Local Government Code and by this Ordinance is submitted tot the City Manager, after which the statutory period required for approval or disapproval oft the plat shall commence to run. No application. shall be deemed officially submitted until the City Manager determines that the application is technically complete and the applicant pays the prescribed application fees. 2.2.2 REJECTION OF INCOMPLETE APPLICATIONS Plat applications that tarer nott technically complete shall noth be accepted for official submission by the City, and shall not be scheduled on a Commission or Council agenda until the proper information is provided to City officials. 2.2.3 EXPIRATION OF PERMIT APPLICATION In accordance with Chapter 245 of the Local Government Code, a permit application expires on or after the 45th day after the date the application is filed if: 1) The applicant fails to provide documents or other information necessary to comply with the technical requirements relating to the form and content of thep permit application; 2) The city provides to the applicant not later than the 10th business day after the date the applicationi is filed written notice of the failure that specifies the necessary documents or other information and the date the application will expire if the documents or other information is not provided; and 3) The applicant fails to provide the specified documents or other information within the time provided in the notice. E CITYOFF FARMERSVILLE 19 SUBDIVISION ORDINANCE Section 2 Platting Procedures 2.3 FEES, APPLICATIONS FORMS AND PROCEDURES 2.3.1 FEES, POLICIESA AND PROCEDURES City Council shall establish a schedule of fees as required to recoup costs related to the administration of this ordinance. In addition to the requirements outlined herein for each type of development application, the City Manager is hereby authorized to maintain policies and procedures applicable to the submission and processing of applications including, but not limited to, application forms, compliance checklists, dedication language blocks for plats, tax certificate requirements and other similar items that must be used and submitted by the applicant/s). 2.4 SUBMISSION PROCEDURES AND CITY REVIEW PROCESS 2.4.1 SUBMISSION MATERIALS The application shall include a written application form which bears the signature(s) of the property owner(s)oft the subjectproperty, along with the appropriate submissioni fee, (Inspection fees may be paid at the time the actual inspection is made of the project), copies of the plat in a size and format specified byt the City,a copy of any applicable development agreement pertaining to the subject property (if any), and any other applicable information and materials deemed appropriate by the City. The City requires proof ofland ownership prior to approval of any development application involving real property. The application. shall be accompanied by an original tax certificate from each taxing unit with jurisdiction of the real property indicating that no delinquent ad valorem taxes are owed on the subject property. Documentation shall also bei included that shows there exists no delinquent assessments, fees, or other debts or obligations to the City and which are directly attributable to the subject property. It shall be the applicant's responsibility to provide evidence or proof that all taxes, assessments, debts or obligations have been paid at the time of submission for any application for approval under this Ordinance. The application shall also bea accompanied by an engineer's summary report which describes, ina as much detail as necessary, the following: the overall nature and scope of the proposed development including, but not limited to, the following: the current approved zoning of the property, proposed use(s) and acreage of each proposed use, minimum lots sizes, widths and depths, number of lots to be created, and special amenities or facilities that will be included in the development; how the property will be served with required utilities and services; how storm water drainage will be handled; and, an itemization and description of any variance or waiver from the provisions of this Ordinance that will be sought. Ifthe proposed development will have access points onto amajor thoroughfare, the application shall also include aletter from the appropriate governmental entity, such as TxDOT or Collin or Hunt, acknowledging and approving proposed driveway locations and corresponding median' openings and left turn lanes, if applicable. Letterss shall also be provided, together with the application, from each oft the applicable utility service providers including water, wastewater, gas, electricity, telephone, cable TV and solid waste, verifying their ability to provide an adequate level of service for the proposed development. The application shall also be accompanied by letter from the Farmersville Independent School District that addresses the Districts ability to accommodate the additional number of school-age children that will be k a CITY OF FARMERSVILLE SUBDIVISION ORDINANCE 0 Section 2 Platting Procedures generated by the proposed development, and that expresses any desire the District may have to obtain a future school site within any portion of the subject property. All plat drawings and other corresponding plans and drawings, including engineering plans and landscape and screening plans, shall be submitted in a size, format and engineering scale as approved by the City, and ina format that will be acceptable for eventual filing at Collin County or Hunt County. The City may deny a hearing and any approval if the applicant does not submit the complete information and fees required byt this Ordinance inat timely manner. It shall be a violation of this Ordinance for any person to knowingly or willfully misrepresent, or fail to include, any information required by this Ordinance in any plat application or during any public hearing or meeting of the Planning and Zoning Commission or City Council. Such a violation shall constitute grounds for denial oft the plat. 2.4.2 REQUESTTO WAIVE 30 DAY REQUIREMENT After the plat has been scheduled on an agenda (or at any time prior), the applicant may request, in writing, a waiver of the thirty (30) day approval requirement specified in Section 212.009 of the Texas Local Government Code, in order to allowi more time to correct deficiencies, address concerns, or otherwise improve the plat pursuant to the City's regulations. After receipt of the request, the City may delay action on the final plat beyond thirty (30) calendar days following the official submission date. 2.4.3 SIMULTANEOUS! SUBMISSION OF PLATS Int the event that an applicant submits preliminary and final plat applications simuitaneously, as provided in Section 2.9.4, the City Manager shall schedule both plat applications for action by the Commission within thirty (30) calendar days of the official submission date, unless the applicant has voluntarily executed a written waiver of the 30-day review period for one or both plats. If the preliminary plat has not received approval prior to consideration of the final plat by the Commission, then the Commission shall disapprove (deny) thei final platifr not withdrawn by the applicant. The City Council shall take action one either one or both plat applications, as applicable, within thirty (30) calendar days of the Commission's action. Affirmation of, or minor modifications to, the Commission's recommendation to approve the plat(s) shall require as simple majority vote of the Council members present. 2.5 ACTION BY THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL 2.5.1 PLANNING AND ZONING COMMISSION ACTION The Planning and Zoning Commission shall review each plat application and, ifin conformance with the provisions of this Ordinance and with all other applicable regulations of the City, it shall recommend approval or disapproval (denial) oft the plat within thirty (30) calendar days oft the official submission date. The authority to approve or disapprove concept plans is hereby delegated to the Commission. E CITYOFF FARMERSVILLE 21 SUBDIVISION ORDINANC Section 2- Platting Procedures 2.5.2 CIYCOUNCIL ACTION The Council shall take action on plats within thirty (30) calendar days after the Commission's action. Affirmation of, or minor modifications to, the Commission's recommendation to approve the plat shall require a simple majority vote of the Council members present. 2.6 APPEALS 2.6.1 REASONS FOR DISAPPROVAL If the Commission recommends disapproval (denial) of a plat application or denies a concept plan application, the Commission shall state such disapproval: and the specific technicalr reasons therefore. 2.6.2 NOTICEOF APPEAL The applicant or property owner may appeal the Commission's decision to the City Council by filing a Notice of Appeali lint the office of the City Manager no later than ten (10) calendar daysa after the date upon which the Commission denied the application. Any appeal to the City Council shall not be considered a "filing" under Section 212.009 of the Local Government Code or any successor statute, and thus shall not require council action within thirty (30) daysofthe Commission's disapproval of the plat application. The Notice of Appeal shall set forth in clear and concise fashion the basis for the appeal. The Council shall consider the appeal atap public meeting no later than thirty (30) calendar days after the date upon which the Notice of Appeal wast filed. 2.6.3 ACTION OF CITy COUNCIL The Council may change the decision of the Commission by a three-fourths majority vote of the Council memberspresent. The Council may also, where appropriate, remand the plat! back to the Commission for reconsideration if it believes that there is a compelling reason to do 50, such as the introduction of significant new facts or testimony. The City Councils shall be deemed to have concurredi in the disapproval or denial of any plat application that is disapproved or denied by the Commission until such time as the City Council specifically overrulest the Commission's decision as provided herein. 2.7 LAPSE OF APPROVAL, REINSTATEMENT AND DORMANT PROJECTS 2.7.1 CONCEPT PLANS AND PRELIMINARY SITE PLANS The approval of any concept plan or preliminary plat as required by the Ordinance, shall be effective for two (2) years beyond the date that the plat was approved by the Commission or Council, except as otherwise provided herein. On or before the second anniversary of Council approval of the plat, the applicant must have submitted an application for the next consecutive step in the platting process. Ifthis next consecutive step is not accomplished, then the approved plat shall be deemed to have expired and shall become null and void. CITYOFF FARMERSVILLE BDIVISION ORDINANCE 22 Section 2- Platting Procedures 2.7.2 FINAL PLATS The approval of a final plat shall be effective for a period of two (2) years beyond the date that the plat was approved by the Commission and Council. If the required fees are not paid and the applicable site construction not commenced within this time period, the final plat shall expire and become null and void, unless such time period is extended or reinstated by the City Manager. 2.7.3 FILING OFF FINAL PLATS Following the acceptance of all improvements, the final plat shall be filed at Collin County or Hunt County at the City's earliest convenience. A filed final plat is valid in perpetuity, unless vacated or amended. Failure toi file a1 final plat tinal timelyr manner may be subject for withholding of building permits, certificates of occupancy and connection of City utilities. 2.7.4 LAPSE OF APPROVAL OF ENGINEERING PLANS The approved engineering plans shall be valid for a period of one (1) year following approval by the City Engineer. The City Council may, upon written request by the applicant, grant an extension of approval for at time period no greater than one year, after which the engineering plans shall be subject to re-approval byt the City Engineer ifr no construction has occurred. 2.7.5 EXTENSION AND REINSTATEMENT PROCEDURE Prior to the lapse of approval for a plat, the property owner may petition the City to extend the plat approval. Such petition shall be considered by the City Council, and an extension may be granted by Council for a specific period of time. If no petition for extension of plat approval is submitted by the property owner prior to the expiration date, then the plat shall be deemed to have expired and shall become null and void. The property owner must thereafter submit a new plat application for approval, including applicable fees, and shall conform to the development regulations then in effect. The City Council may extendt the approval subject to additional conditions based upon newly enacted City regulations or State legislation, or such as are necessary to ensure compliance with the original conditions of approval and to protect the public health, safety and welfare. The Council may also specify a shorter time fore extension of the plat than the original two (2) year approval period. 2.7.6 DORMANT PROJECTS Any plan or plat approved prior to May 11, 2004 without an expiration date and for which no progress had been made toward completion of the project. 2.7.7 RE-APPLICATIONS AND FEES Should a development proposal or plat application lapse or expire, or should it be denied by the Commission or the Council, then that application ceases "pending" status and the project, and its corresponding series of development approvals and permits, shall be deemed to be ended, or "completed". Any re-application for any type of development approval for that property shall be - E CITYOF FARMERSVILLE UBDIVISION ORDINANCE Section 2- Platting Procedures considered commencement of a new project, and shall be accompanied by new application materials, including new submission fees, and shall conform to all applicable City ordinances in effect at the time of submission of the new application. 2.8 CONCEPT PLAN 2.8.1 PURPOSE AND APPLICABILITY The purpose ofaconcept plan isto allowi the Planning and? Zoning Commission to preview proposed major thoroughfare and collector street patterns; land use patterns and trends; environmental issues and constraints; conformance to the Comprehensive Plan, Future Land Use Plan, Thoroughfare Plan, water and sewer master plans, and other applicable plans of the City; and, if the subject property is within the City/scorporate limits, thez Zoning Ordinance; and the property's relationship to adjoining subdivisions or properties. Review of a concept plan also assists the City in evaluating the possible impacts of the proposed development in terms of provision of essential public facilities and services, respecting and preserving important natural features and the environment, provision of open space and recreational opportunities, and protecting the general health, safety and welfare of the community. Concept plans may be used to separate large properties into parts for phasing site planning and development. Submission and approval of a concept plan is the first step in the approval process for all residential or nonresidential development projects; however, the City Manager may allow an applicant to initiate the subdivision process with a preliminary plat based on the size of the property and the nature of the proposed development. 2.8.2 CONCEPT PLAN CONTENT 1) General - All plans must include the date of preparation, appropriate engineering scale, north arrow, vicinity map, and the names, addresses and telephone numbers of both the property owner and the individuals preparing the plans. 2) Site Features - The plan shall describe existing natural features such as contours at not less than two (2) foot intervals, trees over six inches (6) in caliper, drainage ways and other water features andy physical improvements by including the following items: a. The slope or grade of the property; b. The location of creeks, rivers, washes, gullies, ponds, wells, lakes and wetlands in addition to any floodway and one hundred (100) year floodplain within the property; C. The location of any groves or stands oft trees or wooded areas including any majestic orl historic trees; d. Any places, natural features, or structures of local or historic significance; and e. Any areas of existing impervious coverage and the location of any transitions from naturall land to impervious surface. 3) PlanLayout The concept plan shall include the following: a. Ar metes and bounds description of the overall tract; b. Conceptual representation of proposed use(s) and generalized representation of proposed improvements; E CITYO OF FARMERSVILLE 24 UBDIVISION ORDINANCE Section 2- Platting Procedures Identification of all areas to be dedicated to the City or to have public easements, sucha as roadways, utilities, open spaçe and drainage areas; d. General indication of how the proposed development will be able to achieve the required points for applicable design standards required in this ordinance; Location of all proposed screening between the site and adjacent property; f. Indication of each phase of development if separate phases are proposed; and & The location of collector roadways proposed in the development, right-of-way widths, and the location of fcollector access points toa abutting or adjoining streets and highways. 2.8.3 OTHER MATERIALS Other material that may be required and submitted in support of the application: 1) Draft development agreement and any covenants, conditions, restrictions and agreements that govern the construction, use, maintenance and operation of roadways, parks, open space, drainage areas and facilities; 2) A preliminary geotechnical report that addresses soil, subsurface and slope conditions that may affect development; 3) At traffic study or traffici impact analysis, as determined by the City Engineer, showing the projectsi impact on roadway and intersection capacity; and 4) A development schedule indicating the approximate date on which construction is expected to begin and the rate of anticipated development to completion. 2.8.4 EXTENT OF AREA SHOWN When the overall development project is to be developed in phases, the concept plan area shall include the entire property from which the phases are being subdivided and an approximate development schedule together with the projected sequence and timing of developing each such phase. Where significant natural or man-made features, such as existing thoroughfares or creeks, make inclusion of the entire property in the concept plan unnecessary to adequately review the items listed in the preceding paragraph, the concept plan may include a smaller study area. Boundaries such as existing major thoroughfares, creeks, political subdivisions, or other such natural or man-made features may be used to delineate the smaller study area. 2.8.5 PLANNING AND ZONING COMMISSION REVIEW AND ACTIONS The Commission may approve, approve with conditions or stipulations or deny for specific technical reasons any concept plan. The concept plan does not require review and approval of the Council. E CITYOFF FARMERSVILLE SU UBDIVISION ORDINANCE Section 2- Platting Procedures 2.8.6 CONCURRENT REVIEW Aconcept plan may, with the approval of the City Manager, be submitted and reviewed concurrently with the preliminary plat for residential uses only. For nonresidential uses, the concept plan and the plat must be reviewed separately as changes to the concept plan may require amendments to the preliminary plat. 2.9 PRELIMINARY PLAT 2.9.1 PURPOSE AND APPLICABILITY A preliminary plat allows the Commission and the City Council to evaluate the proposed plat for conformity with requirements and conditions identified at the time of concept plan approval and to evaluate construction plans for public improvements or to provide adequate security for construction of the same. A preliminary plat is required for all subdivisions prior to the construction of public improvements; however, the City Manager may allow an applicant to proceed toaf final plat without filing ofay preliminary plat based on the size and nature of the proposed development. Ifan applicant does not submit a preliminary plat, a facilities agreement in accordance with Section 5.5 must be submitted and approved by the City Council to guarantee thei installation of required publici improvements. 2.9.2 PHASING The preliminary plat shall constitute only that portion of the approved concept plan which the applicant proposes to construct and record initially, provided however, that such portion conforms to all the requirements of this Ordinance and with any other applicable regulations and codes of the City. 2.9.3 INFORMATION REQUIRED UPON OR WITH PRELIMINARY PLAT The proposed preliminary plat and associated engineering plans shall show the following information (detailed engineering information may be shown on separate plan or document if approved by the City Engineer): 1) Avicinity, or location, map that shows thel location oft the proposed preliminary plat within the City (or within its ETJ) and in relationship to existing roadways; 2) Boundary lines, abstract or survey lines, corporate or other jurisdictional boundaries, existing or proposed highways and streets (including right-of-way widths), bearings and distances related to State Plane Coordinates and sufficient to locate the exact area proposed for the subdivision, and all survey monuments (identified and labeled; see Section 3.3f fors specifications); the lengtha and bearing ofa all straight lines, radii, arc lengths, tangent lengths and central angles of all curves shall bei indicated along the lines of each lot (curve and line data may be placed in a table format); accurate reference ties via courses and distances to at least one recognized abstract or survey corne or existing subdivision corner shall be shown; 3) The plat shall also include a note describing the corner tie as required above and further tie at least one corner of the subdivision that is being developed or redeveloped to the E CITYOFF FARMERSVILLE 26 SU JBDIVISION ORDINANCE Section 2 Platting Procedures City'sapproved verticalcontrol: monumentation, the details of which monumentation are contained in Appendix 1 attached hereto and incorporated herein by reference for all purposes allowed by law; the Developer shall establish two (2) permanent monuments per development (at points approved by the City Engineer) that shall be tied to said vertical control monumentation; and, the boundary line description of the tract being subdivided shall close to an accuracy of one int ten thousand (1:10,000); 4) The name, location and recording information of all adjacent subdivisions (or property owners of adjacent un-platted property), including those located on the other sides of roads or creeks, shall be drawn to the same scale and shown in dotted lines adjacent to the tract proposed for subdivision in sufficient detail to show accurately the existing streets, alleys, building setbacks, lota and block numbering, easements, and other features that may influence the layout of development of the proposed subdivision; adjacent un- platted land shall show property lines, the names of owners of record, and ther recording information; 5) The location, widths and names of all streets, alleys and easements (the applicant must coordinate with appropriate utility entities for placement of necessary utility easements and for location of all streets and median openings on highways or arterial roadways), existing or proposed, within the subdivision limits and adjacent to the subdivision. Al list of proposed street names shall be submitted for all new street names (treet name approval is required at the time the preliminary plat is approved); 6) The location of all existing property lines, existing lot and block numbers and date recorded, easements of record (with recording information), buildings, existing sewer or water mains, gasi mains or other underground structures, or other existing features within the area proposed for subdivision; 7) Proposed arrangement and square footage of lots (including lot and block numbers) and proposed use of same; for nonresidential uses, the location and size of buildings (this information may be provided ona separate sheet, such as on a voluntary concept plan or preliminary site plan; see the Zoning Ordinance); 8) At title block within the lower right hand corner of the plat (and engineering plans) which shows thet title or name under which the proposed subdivisioni is to be recorded, the name and address of the property owner and the name of the land planner, licensed engineer orr registered public surveyor who prepared the plat or plans, the scale of the plat, the date the plat was prepared, andt thel location of the property according to the abstract or survey records of Collin County or Hunt County, Texas, The subdivision name shall not duplicate (or phonetically replicate) the name of any other platted subdivision in Farmersville or its ETJ unless required to identify separate phases of the development. The City may require a different subdivision name if there is potential for confusion by public safety officials or the general public; 9) Sites, ifany, to be reserved or dedicated for parks, schools, playgrounds, other public uses or for private facilities or amenities; E CITY OF FARMERSVILLE 27 SUBDIVISION ORDINANCE Section 2- Platting Procedures 10) Scale, date, north arr ro W oriented to thet topo or left side of the sheet, and other pertinent informational data; 11) Contours with intervals of two feet (2')or less shown for the area, with all elevations on the contour map referenced to the City of Farmersville's approved vertical control monumentation contained in Appendix 1 or a subsequent control monument set as part ofa development or re-development and approved for such use by the City Engineer; 12) Areas contributing drainage to the proposed subdivision shall be shown in the engineering plans; locations proposed for drainage discharge from the site shall be shown by directional arrows; 13) All physical features of the property to be subdivided, including the location and size of allv water courses, the 100-year flood plain according to Federal Emergency Management Agency (FEMA) information, any U.S. Army Corps of Engineers flowage easement requirements, ravines, bridges, culverts, existing structures, drainage area in acres ofa area draining into subdivisions, the outline of major wooded areas or the location of major trees, sixi inches (6) in diameter and larger when measured 41 feet above ground level, and other features pertinent to the subdivision; 14) Engineering plans ofv water and sewer lines and otheri rinfrastructure (including sizes) to be constructed in the subdivision; the proposed connections to distribution mains shall be indicated; 15) Proposed phasing of the development; where a subdivision is proposed to occur in phases, the applicant, inconjunction with submissionofthe) preliminary plat, shall provide a schedule of development; the dedication of rights-of-way for streets and street improvements, whether on-site or off-site, intended to serve each proposed phase ofthe subdivision; the City Council shall determine whether the proposed streets and street improvements are adequate pursuant to standards herein established,: and may require that a traffic impact analysis be submitted for the entire project or for such phases as the City Councildetermines tobe necessary to adjudge whether the subdivisiony willl Ibes served bya adequate streets and thoroughfares; 16) Proposed or existing zoning oft the subject property and all adjacent properties, as well as a tabulation of site development information and the intended manner of compliance with the Design Standards of the Zoning Ordinance including the required points for optional standards. 17) Minimum finished floor elevations of building foundations shall be shown for lots adjacent to a flood plain or within an area that may be susceptible to flooding; 2.9.4 CONCURRENT REVIEW The applicant may choose to submit ai final plat for review concurrently with the preliminary plat. In such case, the City may schedule concurrent review of both plats, provided that all required information and other items are submitted for both plats, including full engineering plans and thea appropriate assurances E CITY OF FARMERSVILLE 28 SUBDIVISION ORDINANCE Section 2- Platting Procedures for the completion of all improvements, as per Article VI, and provided that adequate review can be achieved by the City and Commission. 2.9.5 STANDARDS FOR APPROVAL No preliminary plat shall be recommended for approval by the Commission or approved by the City Council unless the following standards have been met: 1) The plat substantially conforms with the approved concept plan, or other studies and plans approved byt the City, as applicable; 2) The layouts and engineering plans for required public improvements and City utilities have been submitted by the applicant for approval by the City Engineer (whether specifically stated or not, preliminary plat approval shall always be subject to any additions or alterations to the engineering plans as deemed necessary by the Engineer, asr needed, to ensure the safe, efficient and proper construction of public improvements within the subdivision); and 3) The plat conforms to applicable zoning and all other pertinent development regulations and the requirements of state andf federal law. 2.9.6 EFFECTOF APPROVAL Approval ofa preliminary plat byt the City Council shall be deemed general approval of the street and lot layout shown on the preliminary plat (approval for construction of the necessary streets, water lines, sewer lines, and other required improvements and utilities shall be authorized only through the City Engineer's approval oft the engineering plans), and tot the preparation of the final plat. Except as provided fork herein, approval of the preliminary plat shall constitute conditional approval oft the final plat when all conditions of approval and when all procedural requirements set forth in this Ordinance have been met. 2.9.7 ENGINEERING PLANS Along with the preliminary plat application, the applicant shall submit complete engineering plans for streets, alleys, storm sewers and drainage structures, water and sanitary sewer facilities, screening and retaining walls, landscaping and irrigation, and any other required public improvements for the area covered by the preliminary plat. The engineering plans shall also contain any plans deemed necessary to show or document compliance with the City's ordinances pertaining to non-point source pollution control, on-site sewage facility rules, anda any other applicable codesandordinances: ofthe Cityt that are relatedt to development ofal land parcel. Cost estimates shall alsol be submitted with the engineering plans. A complete sets of engineering plans shall linclude the followingr plans or sheets (generally int this order), as Well as anya additional plans or sheets deemed necessary and requested by the City Engineer: 1) Cover or title sheet Preliminary plat 2) Final site plan (for nonresidential and multi-family projects only see the Zoning Ordinance for specific requirements and approval procedures)- Existing conditions plan, E CIYO OF FARMERSVILLE SUBDIVISION ORDINANCE Section 2- Platting Procedures which shows existing topography, vegetation, tree inventory, existing natural and man- made physical features, etc. Grading, erosion control, and water quality control plans- Paving and storm drainage plans - Utility plans for water, sanitary sewer, etc. Traffic control plans (if necessary) : Screening and retaining wall plans Landscaping and irrigation plans The City Engineer shall review, or cause to be reviewed, the plans and specifications andi if approved, shali mark them Approved and shall return one set to the applicant. If not approved, one set shall be marked with the objections noted and returned to the applicant for correction, whereupon the applicants engineer shall correct the plans as requested and shall resubmit the corrected plans back to the City Engineer for re-review. The applicant shall have engineering plans prepared by or under the direct supervision of a professional engineer licensed in the State of Texas, as required by State law governing such professions and in accordance with this Ordinance and the City's Design Manuals and Standard Construction Details. AlI engineering plans submitted for City review shall be dated and shall bear the responsible engineer's registration number, his or her designation of' "professional engineer" or "P.E.", and the engineers seal and signature. The City Engineer shall approve engineering plans when such plans meet all of the requirements of this Ordinance and the Design Manuals and Standard Construction Details. Engineering plans shall be in conformance with the Design Manuals and Standard Construction Details and with the requirements set forth herein. Engineering plans showing paving and design details of streets, alleys, culverts, bridges, storm sewers, water mains, sanitary sewers, sidewalks, screening and retaining walls, landscape and irrigation plans (if appropriate), and other engineering details of the proposed subdivision shall be prepared at a legible scale and: shall be submitted to the City Engineer (or designee) along with a copy of the preliminary plat oft the subdivision. As part of the engineering plans, a drainage plan showing how the drainage of each lot relates to the overall drainage plan for the plat under consideration: shall be submitted. The drainage plan shallbe made available to each builder within the proposed subdivision and all builders shall comply with the drainage plan. Once the engineeringplans are approved! byt the City Engineer, the property owner shall provide additional sets of the approved plans as required byt the City Engineer, for use during construction. At full set of the City-approved engineering plans must be available for inspection on the job site at all times. 2.9.8 UTILITY COMPANY REVIEW The applicant shall also provide copies of letters from applicable local utility companies stating that each utility company has reviewed the preliminary plat and stating any requirements, including easements, they may have. This requirement may be deferred until the time of final plat submittal by the City Engineer. - CITYOF FARMERSVILLE 30 SUBDIVISION ORDINANCE Section 2- Platting Procedures 2.9.9 TIMING OF PUBLIC IMPROVEMENTS 1) Public improvements: shall be installed and accepted by the city following approval oft the preliminary plat and release of construction by the City Engineer. However, the City Engineer may permit all or some of the public improvements to be installed, offered for dedication, or accepted by the City after approval of the final plat by the City Council if there existsa compelling reason that is consistent with the public health,s safetyorwelfare todo so (also see Article V). 2) The City Council may permit or require the deferral of the construction of public improvements if, in its judgment, deferring the construction would not result in any harm tot the public or would offer significant advantage in coordinating the site's development with adjacent properties and off-site publici improvements. The deferred construction of any required public improvementfs) must be approved by the City Council at the time of final plat approval, and the necessary assurances for completion of the improvements, in accordance with Article V, shall be a stipulation, or condition, of approval of the preliminary or final plat. 3) Ifthe City Council does not require that all public improvements be installed, offered for dedication, or accepted by the City prior to approval of the final plat, the applicant shall provide assurances or security for the completion of the improvements or escrowed funds, as provided in Article V and Article' VI. 2.9.10 REVISIONS TO APPROVED PRELIMINARY PLAT Minor rèvisions to the preliminary plat may be needed before the final plat can be filed of record. Such minor revisions as slight enlargement or shifting ofe easements or lot lines, addition of private ori franchise utility easements, correction of bearings or distances, correction of minor labeling errors, addition of erroneously omitted informational items and labels, etc. may occur on the final plat without havingt to re- approve the preliminaryplat. Major revisions, such as reconfiguration oflot lines or easements, relocation of driveways or access easements or fire lanes, any modification to the perimeter or boundary of the property, and relocation, addition or deletion of any public improvement (including corresponding easements), shall necessitate re-submission and re-approval of the plat asa revised preliminary plat. The procedures for such re-approval shall be the same as for preliminary plat, and such re-approval may constitute a new project thus necessitating submission of a new application form, payment of new fees, and other requirements. 2.10 FINAL PLAT 2.10.1 PURPOSE AND APPLICABILITY The purpose ofa final plat is to record the subdivision of property including the accurate description of blocks, rights-of-way, easements, building lines and street names. A final plat shall be required for all subdivisions of property andt the recording of single lotsi in accordance with Section 1.4. The final plat shall conform to the preliminary plat, as approved, and shall incorporate all applicable conditions, changes, - CIY OF FARMERSVLLE 31 SUBDIVISION ORDINANCE Section 2- - Platting Procedures directions and additions imposed by the Planning and Zoning Commission and City Council upon the preliminaryplat. The final plat shall not be submittedprior to approval oft the preliminary plat (see Section 2.9.4 for exception). 2.10.2 INFORMATION REQUIRED ONA! FINALE PLAT The final plat shall contain all information that is required for a preliminary plat except that physical features of or on the land, such as topography, buildings, structures, water bodies and tree cover, shall not be shown on the final plat. The final plat shall also provide a place for the County Clerk of the respective countyt to stamp the date and location where the platwill be filed (ie., Volume or Cabinet Page or Slide in the lower right-hand corner of the plat drawing, and conform to the standards of Collin County or Hunt County for filing of plats. 2.10.3 DEDICATION AND EASEMENT LANGUAGE The final plat shall include formal irrevocable offers of dedication to the public of all streets local government uses, utilities, parks and easements, ina form approved by the City Attorney. The plat shall include any other applicable language, such as for drainage, floodwayo orother specialtypes ofeasements, or such as fora private street subdivision, as deemed appropriate and necessary by the City Manager to protect the public health, safety and welfare. 2.10.4 STANDARDS FOR APPROVAL No final plat shall be reviewed by the Planning and Zoning Commission or approved by the City Council unless the following standards have been met: 1) The plat substantially conforms to the approved preliminary plat and other studies and plans, as applicable; 2) The construction and installation of required public improvements and City utilities has been completed and the improvements have been accepted! by the Citya as conforming to the City's regulations and design standards (ort the proper assurances for construction of thei improvements have been submitted and approved byt the City, per Article V; and 3) The plat conforms to applicable zoning, subdivision and other development related regulations, including the City's non-point source pollution control ordinance (Article 11.100 of the Code of Ordinances, as amended), on-site sewage facility rules (as applicable; Article 11.200 of the Code of Ordinances, as amended), and any other applicable codes or ordinances of the City that are related to development of a land parcel. 2.10.5 ACCEPTANCE OF IMPROVEMENTS When all of the improvements are found to be constructed and completed in accordance with the approved plans and specifications and with the City's standards, and upon receipt by the City of Farmersville ofar maintenance bond lor certificate of deposit in accordance with Article Voft this Ordinance frome each contractor, "AS BUILT" plans, in the quantity andformati requiredby the City, shall bes submitted - 3 CITYOF FARMERSVILLE 32 SUBDIVISION ORDINANCE Section 2- Platting Procedures with a letter stating the contractor's compliance with this Ordinance. After such letter is received, the City Engineer shall receive and accept for the City of Farmersville the title, use and maintenance of the improvements according to Section 5.8. The approved final plat shall not be filed with the County prior tor receipt oft the above letter and other items, nor prior to acceptance of the improvements by the City. 2.10.6 CERTIFICATE OF COMPLIANCE Upon final approval of a final plat required byt these regulations, the City Council shall issue to the person applying for approval a certificate stating that the final plat has been approved by the Council. For purposes of this section, final approval shall not occur until all conditions of approval have been met. 2.10.7 EFFECTOF APPROVAL Approvalofaft final plat authorizes thep property owner, upon fulfillment ofa all requirements: and conditions of approval and upon completion of construction of all required improvements (or submission of the proper assurances for construction of same, per. Article V) to submit the required documents, ina format acceptable to the County Clerk, of the plat for filing with Collin or Hunt County. Lots may be sold only when the final plat has been approved by the City Council and the plat has been filed. No conveyance or sale of any portion or lot oft the property may occur until after the final plati is approved by the City Council andf filed with the appropriate county. 2.10.8 FILING OF PLAT Subsequent to acceptance of public improvements by the City Engineer, the applicant shall return copies oft the final plat anda a digital plat file, with any other required documents and necessary fees as specified byt the City, to the City Manager. All necessary filing materials shall bear original signatures and seals. No plat or replat of a subdivision of real property shall be filed for record or have recorded in the county clerk'soffice: a plat or replat unless the plato or replat has attached toit an originalt tax certificate frome each taxing unit with jurisdiction of the real property indicating that no delinquent ad valorem taxes are owed on ther real property. The City Manager shall secure the signatures of City of Farmersville authorities, and return thes signed original platst to the applicant within (30) daysofr receipt. The applicant shall file thef final plat at the offiçe of the County Clerk of Collin County or Hunt County within thirty (30) calendar days following signature by the City. The applicant shall return to the City Manager both mylar and paper copies in the quantity and format specified by the City. 2.11 DEVELOPMENT PLATS 2.11.1 AUTHORITY This Section is adopted pursuant to the Texas Local Government Code, Chapter 212, Subchapter B, Sections 212.041 through 212.050, as amended. CITYOFF FARMERSVILLE 13 SUBDIVISION ORDINANCE Section 2- Platting Procedures 2.11.2 APPLICABILITY For purposes of this Section, the term' "development" means the new construction or the enlargement of any external dimension of any building, structure or improvement of any nature (residential or nonresidential). This Section shall apply to any land lying within the City or within its extraterritorial jurisdiction in the following circumstances: 1) The development tofa any tract of land which has not been platted or replatted prior to the effective date oft this Ordinance, unless expressly exempted herein; 2) The development of any tract of land for which the property owner claims an exemption from the City's Subdivision Ordinance, including requirements tor replat, which exemption isnot expressly provided fori ins such regulations; 3) The development of any tract of land for which the only access isa private asement or street; 4) The division of any tract of land resultingi in parcels or lots each of which is greater than five (5)a acres in size, and where no public improvement is proposed to be dedicated. 2.11.3 EXCEPTIONS No development plat shall be required, where the land to be developed has received final plat or replat approval prior to the effective date of this Ordinance. The City Council may, from time to time, exempt other development or land divisions from the requirements of this Section. 2.11.4 PROHIBITIONON DEVELOPMENT No development shall commence, nor shall any building permit, utility connection permit, electrical connection permit or similar permit be issued, for any development or land division subject to this Section, until a development plat has been reviewed by the Commission, approved by the City Council, and submitted to the County for filing. Notwithstanding the provisions of this Section, the City shall not require building permits or otherwise enforce the City's Building Code in the City's extraterritorial jurisdiction in relation to any development plat required byt this Section of the Subdivision Ordinance. 2.11.5 STANDARDS OF APPROVAL The development plat shall not be approved until the following standards have been satisfied: 1) The proposed development conforms to all City plans, including but not limited to, the Comprehensive Plan, utility plans and applicable capital improvements plans; 2) The proposed development conforms to the requirements of the Zoning Ordinance (if located within the City's corporate limits) and the Subdivision Ordinance; 3) The proposed development is adequately served by public facilities and services, parks and open space in conformance with City regulations; 4) Appropriate agreements for acceptance and use of public dedications to serve the development have been tendered; and CITYOFF FARMERSVILLE 34 SUBDIVISION ORDINANCE Section 2- Platting Procedures 5) The proposed development conforms to the design and improvement standards contained in this Ordinance and ini the City's Design Manuals and Standard Construction Details, and to any other applicable codes or ordinances of the City that are related to development ofal land parcel and the requirements ofs state and federal law. 2.11.6 CONDITIONS The City Council mayi impose such conditions on the approval of the development plat as are necessaryto assure compliance with the standardsi in Subsection 2.11.5 above. 2.11.7 APPROVAL PROCEDURE The application for a development plat shall be submitted to the City in the same manner as a final plat (see Section 2.10), and shall be approved or denied by the City Council following review and recommendation by the Planning and Zoning Commission in a similar manner as a final plat. Upon approval, the development plat shall be filed at the County in the same manner as prescribed for a final plat, and approval of a development plat shall expire if all filing materials are not submitted to the City Manager andi ifthe plati is not filed at the County within the time periods specified for a final plat. 2.11.8 SUBMITTAL REQUIREMENTS In addition to all information that is required to be shown onai final plat (see Section 2.10), development plat shall: 1) Be prepared by a registered professional land surveyor; 2) Clearly show thel boundary of the development plat; 3) Show each existing or proposed building, structure or improvement or proposed modification of the external configuration of the building, structure or improvement involving a change therein; 4) Show all easements and rights-of-way within or adjacent to the development plat; and 5) Be accompanied by the required number of copies of the plat, a completed application form, the required: submission fee, anda la certifiçate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Section 2.4. 2.12 REPLATTING 2.12.1 REPLAT REQUIRED Unless otherwise expressly provided for herein, a property owner who proposes to replat all or any portion of an already approved final plat, other than to amend or vacate the plat, must first obtain approval for the replat under the same standards and by the same procedures prescribed for the final platting of land by this Ordinance. All improvements shall be constructed in accordance with the same requirements as for a preliminaryor final plat, as provided! herein. The City Manager may waive or modify E CITY OF FARMERSVILLE 35 SUBDIVISION ORDINANCE Section 2- - Platting Procedures minor requirements fora a preliminary replat under certain circumstances where the proposed replat does noti involve a large parcel of land or an existing structure or business on the subject property, and where the proposed plat revisions are relatively simple in nature. A public hearing must be conducted by the Planning and Zoning Commission and City Council prior to consideration and action on a replat. 2.12.2 REPLATTING WITHOUT VACATING PRECEDING PLAT Areplat of a subdivision or portion ofas subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat: 1) Is signed and acknowledged by only the owners of the property being replatted; 2) Is approved, after a public hearing on the matter at which parties ini interest ando citizens have an opportunity to be heard, by the Planning and Zoning Commission andi by the City Council; and 3) Does not attempt to amend or remove any covenants or restrictions imposed on the property in question. 2.12.3 ADDITIONAL REQUIREMENTS FOR CERTAIN REPLATS In addition to compliance with Section 2.12.2, above, a replat without vacating the preceding plat must conform to the requirements of this Section if: 1) During the preceding five (5) years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two (2) residential units per lot; or 2) Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two (2) residential units peri lot. Ifa replat includes property that is subject to either of the foregoing conditions notice of the hearing required under Section 2.12.2 shall beg given before the fifteenth (15th) day before the date of the hearing by: 1) Publication in the City's officially designated newspaper or a newspaper of general circulation in Collin County; and 2) By written notice, with a copy of Subsection 3) below attached, forwarded by the City to the owners of lots within the original subdivision that are within 200 of the lots to be replatted, as indicated on the most recently approved municipal tax roll or in the case of a subdivision with the extraterritorial) jurisdiction of the City, the most recently approved county tax roll of the property upon which the replat is requested. The notice may be delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal depository within the boundaries oft the municipality. 3) If the proposed replat requires a variance, as defined in Section 1.9, and is protested in accordance with this provision the approval of the proposed replat will require the affirmative vote ofatleastt three-fourths (3/4)oft the members present of the Commission - CITYOFF FARMERSVILLE BI BDIV VISION ORDINANCE Section 2 Platting Procedures or the City Council, or both. For alegal protest, writteni instruments signed by the owners ofatl least twenty percent (20%) of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending two hundred feet (200') from that area, but within the original subdivision, must be filed with the City prior to action by the Planning and Zoning Commission or the City Councii, or both prior to the close of the public hearing. In computing the percentage of land area subject to the 20% rule described above, the area of streets and alleys shall be included. Compliance with this provision is not requiredift the area sought to ber replatted was designated for other than single or duplex family residential use by notation on the last legally recorded plat or in the last legally recorded restrictions applicable to the plat. 2.12.4 ADDITION OR DELETION OF LOTS Any replat which adds or deletes lots must include the original subdivision and lot boundaries. Ifar replat iss submitted for onlya portion ofa previously platted subdivision, the replat must reference the previous subdivision name and recording information, and must state on the replat the specific lots sought to be changed. 2.12.5 ADDITIONAL REQUIREMENTS 1) If the previous plat is vaçated as prescribed in Section 212.013 of the Texas Local Government Code, as amended, a public hearing is not required for a replat of the area vacated. 2) The replat of the subdivision shall meet all the requirements for a final plat for a new subdivision that may be pertinent, as provided for herein. 3) The title shall identify the document asaFinalF Plat ofthe Addition, Block, Lot/s) Being a Replat of Block Lot(s) of the Addition, an addition to the City of Farmersville, Texas, as recorded in Volume/Cabinet Page/Slide of the Records of (the appropriate) County of Record, Texas. 4) An application submittal for a replat shall be the same as for a final plat, and shall be accompaniedbyt the required number ofcopies of the plat, a completed application form, the required submission fee, anda a certificate showing that all taxes have been paid on the subjectp propertya andt that no delinquentt taxesexist against the propertyi ina accordance with Section 2.4.1. 5) The replat shall be filed at the County in the same manner as prescribed for a final plat, and approval of a replat shall expire if all filing materials are not submitted to the City, andifthe replati is not filed at the County within thet time periods specified for a final plat. 2.13 AMENDING PLATS 1) An amended plat shall meet all of the informational and procedural requirements set forth for a final plat, and shall be accompanied by the required number of copies of the plat,a completed application form, the required submission fee, andacertificate. showing - CITY OF FARMERSVILLE 37 SUBDIVISION ORDINANCE Section 2- Platting Procedures that all taxes have been paid on the subject property and that no delinquent taxes exist against the propertyi in accordance with Section 2.4.1. 2) The City Manager may approve an amending plat, which may be recorded and is controlling over the preceding or final plat without vacation of that plat, ift the amending plat is signed by the applicants only and if the amending plat is solely for one or more of the following purposes: a. Correct an errorina a course or distance shown on the preceding plat; b. Add a course or distance that was omitted on the preceding plat; C. Correct an errori in a real property description shown on the preceding plat; d. Indicate monuments: set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments; e. Show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat; Correct any other type of scrivener or clerical error or omission previously approved byt the municipal authority responsible for approving plats, including lot numbers, acreage, street names, and identification of adjacent recorded plats; g. Correct an error in courses and distances of lot lines between two adjacent lots if: i. Both lot owners join int the application for amending the plat; ii. Neither lot is abolished; ili. The amendment does not attempt tor remove recorded covenants or restrictions; and iv. The amendment does not have a material adverse effect on the property rights oft the other owners in the plat; h. Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement ona a lot line or easement; Relocate one or more lot lines between one or more adjacent lots if: i. The owners of all those lots join in the application for amending the plat; ii. The amendment does not attempt to remove recorded covenants or restrictions; and lii. The amendment does noti increase the number of lots; J. To make necessary changes to the preceding plat to create six (6) or fewer lots in the subdivision ora part of the subdivision covered by the preceding plati if: i. The changes do not affect applicable zoning and other regulations of the City; ii. The changes do not attempt to amend or remove any covenants or restrictions; and ii. The area covered by the changes is located in an area that the City Council has approved, after a public hearing, as a residential improvement: area; k. Replat one or more lots fronting on an existing street if: i. The owners of all those lots joini in the application for amending the plat; E a CITYOF FARMERSVILLE 38 SUBDIVISION ORDINANCE Section 2- Platting Procedures ii. The amendment does not attempt to remo ove recorded covenants or restrictions; and ili. The amendment does not increase the number of lots; and iv. The amendment does not create or require the creation ofa new street or make necessary the extension ofr municipal facilities. 3) The City Manager may, at his or her discretion and for any reason, elect to present the amending plat to the Planning and Zoning Commission and City Council for consideration and approval. The City Manager is not authorized to disapprove an amending plat and shall refer any amending plat which the City Manager refuses to approve to the Commission and the City Council for consideration within the time period required by State law. 4) Notice, a public hearing, and the approval of other lot owners are not required for the approval and issuance of an amending plat. 5) The amended plat shall be entitled and clearly state that itis an' "amended plat." Itshall also state the specific lots affected or changed as a result of the amended plat, and shall include the original subdivision plat boundary. All references to "final plat" or "replat" shall be removed. 6) Other than noted above, the procedure for approval of plat amendment(s) shall be the same as in Section 2.12. 7) The amending plat shall be filed at the County in the same manner as prescribed for a final plat, and approval of an amending plat shall expire if all filing materials are not submitted to the City Secretary, and ift the plat is not filed at the County within thet time periods specified for a final plat. 2.14 PLAT VACATION 2.14.1 By PROPERTY OWNER The property owner of the tract covered by a plat may vaçate, upon review by the Commission and approval by the City Council, the plat at any time before any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat (instrument language is available from the City, upon request). 2.14.2 ByALL LOT OWNERS If some or all of the lots covered by the plat have been sold, the plat, or any part of the plat, may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat. 2.14.3 CRITERIA The Planning and Zoning Commission shall review, and the City Council shall approve, the petition for vacation on such terms and conditions as are in accordance with Section 212.013 of the Texas Local E CITY OF FARMERSVILLE SUBDIVISION ORDINANCE Section 2 - Platting Procedures Government Code (as amended), and as are reasonable to protect the public health, safety and welfare. As a condition of vacation of the plat, the City Council may direct the petitioners to prepare and seek approvalofa revised final plat in accordance with this Ordinance such that the property does not become un-platted. 2.14.4 EFFECT OF ACTION On the execution and recording of the vacating instrument, the vacated plat shall have no effect. Regardless of the Commission's and Council's action on the plat vacation, the property owner willl have no right to a refund of any monies, fees or charges paid to the City nor to the return of any property or consideration dedicated or delivered to the City except as may have previously been agreed to by the City Council. 2.15 MINOR PLATS 2.15.1 GENERAL REQUIREMENTS Ar minor plat shall meet all of the informational and procedural requirements. set forth for at final plat, and shall be accompanied by the required number of copies of the plat, a completed application form, the required submission fee, and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Section 2.4. 2.15.2 APPLICABILITY An application for approval ofal Minor Plat may! be filed only in accordance with state law, when all of the following circumstances apply: 1) The proposed division results ini four (4) or fewer lots; 2) AIl lots front onto an existing public street and the construction or extension of a street is not required to meet the requirements of this Ordinance; and 3) Except forr right-of-way and easements, the plat does not require the extension of any municipal facilities to serve any lot within the: subdivision. 2.15.3 ADDITIONAL REQUIREMENTS Private wells and private wastewater treatment facilities shall be considered adequate when existing public water and wastewater lines are not within fivel hundred (500) feet of the proposed lots. 2.15.4 Ciy MANAGER ACTION The City Manager may approve ar minor plat involving four or fewer lots fronting on an existing street and notr requiring the creation of any new street ort the extension of municipali facilities, or may, for any reason, elect to present the minor plat to the Planning and Zoning Commission and City Council for consideration and approval. The City Manager is not authorized to disapprove a minor plat and shall refer any minor plat which the City Manager refuses to approve to the Planning and Zoning Commission and/or City Council for consideration within the time period required by State law. FA - CITY OF FARMERSVILLE 40 SUBDIMISION ORDINANCE Section 2- Platting Procedures 2.15.5 TITLE The minor plat shall be entitled and clearly state thatit isa" "minor plat." 2.15.6 FILING OF MINOR PLAT The minor plat shall bef filed at the Countyint the same manner as prescribed for a final plat, and approval ofar minor plat shall expire if all filing materials are not submitted to the City and ift the plat is not filed at the County within the time periods specified for a final plat. E CITY OF FARMERSVILLE SUBDIVISION ORDINANO CE Section 3- Subdivision Design Standards Section 3 SUBDIVISION DESIGN STANDARDS 3.1 ADEQUATE PUBLIC FACILITIES POLICY The land proposed for subdivision must be adequately served by essential public facilities and services. These services include street access, water, waste water disposala and off-site drainage. No plat or replat may be approved unless it conforms to this policy and its standards. This policy may be further defined and supplemented by other ordinances adopted by the city. There is an essential nexus between the demand on public facilities systems created by a new development and the requirement to dedicate rights-of-way and easements and to construct capital improvements to offset such impacts. 1) Street Access - All platted lots must have direct access to a public street or roadway, private street or an approved public way. a. Except for lots which gain access from an approved cul- -de- sac, all subdivisions must have two means of access or approach, which must be connected via improved roadways to the city's improved thoroughfare and street system. Where development phasing or constraints of the land prevent the provision of a second, separate means of access, the city may accept a temporary street connection, or a median divided street or entry to satisfy this requirement. Requirements for dedication of rights-of-way and improvement of approach roads may be increased depending upon the size or density of the proposed development, or if such need is demonstrated by a traffic impact analysis. 2) Water All platted lots must connect to an approved water system which is capable of providing water for health and emergency purposes. a. Except for lots along an approved cul-de-sac, all lots must be provided service connections from a looped water main providing water flow from two directions or sources. b. Design and construction of a water source on the site shall be in accordance with applicable regulations oft the Texas Commission on Environmental Quality (TCEQ). C. Water service must be sufficient to meet the fire flow requirements of the proposed development, except where a suitable alternative means of fire protection is approved by the city's Fire Chief. d. The city may accept development phasing, development restrictions, and/or the construction of improvements to maintain adequate fire protection. 3) Waste Water All platted lots must be served by an approved means of waste water collection and treatment. a. On-site waste water treatment systems, and on- site pretreatment ofi industrialv waste, are permitted only with approval of the City and the appropriate authority in Collin or Hunt counties. b. Thep projected waste water discharge ofap proposed development shall note exceed the capacity of the waste water system. CITY OF FARMERSVILLE 42 SUBDIVISION ORDINANCE Section 3- Subdivision Design Standards C. The city may accept the phasing of development and/ori improvements tot the system soast to maintain adequate waste water capacity. 4) Drainage Increased stormwater runoff attributable to new development must not exceed the capacity of the downstream drainage system or adversely affect adjoining property. Where the projected runoff would exceed capacity, the city may accept the phasing of development, the use of control methods such as retention or detention, and/or the construction of offsite drainage improvements asa means ofr mitigation. 3.2 BLOCKS AND LOTS 3.2.1 BLOCKS Thel length, width and shapes of blocks shall be determined with due regard to: 1) Provision of adequate building sites suitable to the special needs of the type of use contemplated. 2) Zoning requirements as to lots sizes, setbacks and dimensions. 3) Needs for convenient access, circulation, control and safety of street traffic and for pedestrians or bicyclistst traveling to a public park or school site within ther neighborhood. 4) Intersecting streets shall be provided at such intervals ast to serve cross-traffic: adequately, to provide adequate fire protection, andt to conform to customary subdivision practices. Where no existing subdivision or topographical constraints control, block lengths shall Inot exceed one thousand two hundred (1,200) feet in length. Where no existing subdivision or topographical constraints control, the block lengths shall not be less than three hundred (300) feet in length. Cul-de- -sacs shall note exceed 600 feet in length. However, in cases where physical barriers or property ownership creates conditions where it is appropriate that these standards be varied, the length may be increased or decreased in accordance with the variance procedures set forth in Section 1.9. 3.2.2 LOTS Lots shall conform to the minimum requirements of thee established zoning district. 1) Each lot shall front onto a dedicated, improved publics street unless platted asa an approved private street subdivision in accordance with this Ordinance (see Section 3.6). Lot width and access shall conform to thep provisions of the City of Farmersuille'sZoning Ordinance, Comprehensive Plan, and any other applicable City code or ordinance. Lot access onto highway,arterial and collector streets is subject to approval by the City Council, which may require a traffic study or other information prior to approval of the preliminary plat in order to fullys study all access issues. In all cases, lots shall meet the minimum frontage requirements in Subsection 6 below. 2) Irregular-shaped lots shall have sufficient width att the building line tor meet lot width and frontage requirements of the appropriate zoning district, and shall provide a reasonable CIYYOFR FARMERSVILLE 13 SUBOIVISION ORDINANCE Section 3- Subdivision Design Standards building pad without encroachment into front, side or rear yard setbacks ori into any type of easement. Also, the rear width shall be sufficient to provide access for all necessary utilities, including access for driveways and solid waste collection when alleys are present. In general, triangular, severely elongated or tapered, flag or panhandle lots shall be avoided, and the City reserves the right to disapprove any such lot which, in its sole opinion, will not be suitable or desirable fort the use intended. 3) Side lot lines shall be at ninety-degree angles or radial to street right-of-way lines to the greatest extent possible. The City reserves the right to disapprove any lot which, ini its sole opinion, is shaped or orientedi in suchat fashion as to be unsuitable or undesirable for the use intended, or which is not attractively or appropriately oriented toward its street frontage. 4) Double frontage lots shall be avoided, except where they may be essential to provide separation of residential development from traffic arterials, as defined in Section 3.4, or too overcome a aspecific disadvantage or hardshipi imposed by topography or other factors. Where lots have double frontage, building setback lines shall be established for each street side, and rear yard screening shall be provided in accordance with Section 3.11. Residential lots shall not baçk onto any residential street or collector street within a residential area or neighborhood. 5) Building Lines Front and street side building lines shall be shown on a concept plana and on any type of plat for all lots, and shall be consistent with the Zoning Ordinance requirements for the district in which the development is located, if subject to the City's zoning regulations and with any other applicable City ordinance. 6) Frontage on Public Streets and Cross Access-- The subdivision shall be designed to provide adequate emergency access for public safety vehicles. Each residential lot in the subdivision shall have a minimum thirty (30) feet of frontage on a dedicated street and, except in the Central Area zoning district, each multi-family and non-residential lot shall have a minimum of one hundred (100) feet, or as required by the applicable zoning ordinance, unless other provisions have been authorized through planned development approval or the grant ofa variance. When adjacent to an existing or planned median divided street, all lots shall have access toal median opening, either directly or througha shared cross access easement between it and adjacent properties. 3.3 MONUMENTS 3.3.1 PLACEMENT OF MONUMENTS In all subdivisions and additions, monuments shall be established at the corner of each block in the subdivision consisting of ani iron rod or pipe not less than five-eighths inch (5/8) in diameter and twenty- four inches (24") deep, and set six inches (6) below the ground surface. Lot corner monuments shall be placed at all lot corners except corners which are also block corners, consisting of iron rods or pipes ofa diameter of not less than one-half inch (1/2) and eighteen inches (18) deep, and set flush with the top of F CITYOF FARMERSVILLE SUBDIMISION ORDINANCE 44 Section 3- Subdivision Design Standards the ground. In addition, all curve points in right of way lines shall be monumented by 5/8 diameter rods, twenty-four inches (24) deep, sets six inches (6) below the ground surface. Each block corner monument shall include a cap with the surveyor's name and registration number attached to it. All block corners shall be installed prior to the final inspection of the subdivision by the City. Lot corners shall be installed prior to issuance ofa building permit. 3.3.2 VERTICAL CONTROL At least one corner ofa subdivision that is being developed or re- developed within the City's corporate limits or ETJ shall be tied to the City's approved vertical control monumentation. Details regarding the City's vertical control monumentation are contained in Appendix 1 attached hereto and incorporated herein by reference for all purposes allowed by ylaw. The Developer shall also establish two (2) permanent monuments per development (at points approved by the City Engineer) that shall be tied to the City's approved vertical control monumentation. 3.4 STREETS AND ALLEYS 3.4.1 STREET DESIGN The arrangement, character, extent, width, grade, location and construction of all streets shall conform to the City of Farmersville's Thoroughfare Plan as well as the Design Manual and Standard Construction Details, and shall be considered in their relation to existing and planned streets or driveways (whether within the City of Farmersville, within its ETJ area, or within adjacent municipal or County areas), to topographical conditions, to public safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. Reserve or residual strips of land controlling access to or egress from other property, or to or from any street or alley, or having the effect of restricting or damaging the adjoining property fors subdivision purposes, or which will not be taxable or accessible for improvements shall not be permitted in any subdivision unless such strips of land are required by the City in the public interest (such as to enhance public safety or other public interest). All streets shall be constructed in accordance with the City's Design Manual and Standard Construction Details. 3.4.2 ALLEYS No alleys shall be required. If. provided or constructed by the developer, alleys shall conform to the adopted Design Manual and Standard Construction Details. 3.4.3 ADEQUACY OF STREETS AND THOROUGHFARES 1) Responsibility for Adequacy of Streets and Thoroughfares The property owner shall assure that the subdivisioni is served by adequate streets andt thoroughfares, and shall be responsible for the costs of all rights-of-way and street improvements adjacent to the development, in accordance with the following policies and standards, and subject to the City'scost participation policies on oversized facilities. 2) General AdequacyPolicy Every subdivision shall be served by improved streets and thoroughfares adequate to accommodate the vehicular traffic to be generated by the - CITYOF FARMERSVILLE 15 SUBDIVISION ORDINANCE Section 3- Subdivision Design Standards development. Proposed streets shall provide a safe, convenient and functional system for traffic circulation; shall be properly related to the City's Thoroughfare Plan, road classification system, Comprehensive Plan and any amendments thereto; and shall be appropriate fort the particular traffic characteristics of each development. 3) RoadNetwork - New subdivisions shall be supported bya a road network having adequate capacity, ingress/egress, and safe and efficient traffic circulation. The adequacy of the road network for developments of one hundred (100) or more dwelling units, or for developments generating five thousand (5,000 or more "one-way" trips per day, or for developments involving collector or arterial streets not appearing on the City's adopted Thoroughfare Plan, or where deemed required by the City Engineer, shall be demonstrated by the preparation and submission, along with the concept plan or preliminary plat application, ofa traffic impact analysis. The traffic impact analysis shall ber prepared in accordance with Section 3.5. below. The traffic impact analysis shall take into consideration the need to accommodate traffic generated by the development, land tobec developedi in common ownership and other developed property. Ifthe property to be developed is intended as a phase in a larger development project, or constitutes a portion of the land to be ultimately developed, the City Council may require a demonstration of the adequacy of the road network pursuant to this Section for any or all additional phases or portions of the property as a condition of approval for the proposed concept plan or plat. If the applicant submits a traffic impact analysis for an entire phased development project, the City may require an update of the study for later phases of the development. Ift the concept plan or plat conforms with the Thoroughfare Plan and if the concept plan or plat ist for a development of less than one hundred (100) dwelling units or for a development generating less than five thousand (5,000)' "one-way" trips per day, then a traffic impact analysis may be required at the discretion of the City Engineer. 4) Off-Site Improvements Where a traffic impact analysis demonstrates the need for such facilities, the property owner shall make such improvements to off-site collector and arterial streets and intersections as are necessary to mitigate traffic impacts generated byt the development or related developments. 5) Dedicationof Right-of-Way- The property owner shall provide all rights-of way required for existing or future streets, and for all required street improvements, including perimeter streets and approach roads, as showni in the Thoroughfare Plan, DesignManual and Standard Construction Details or other valid development plans approved by City Council. In the case of perimeter streets, at least one-half of the total required right-of- way width for such streets shall be provided unless the proposed development is on both sides of the street, in which case the full right-of-way width shall be provided. In some instances, more than one-half of the required right-of-way width shall be required when a half street is impractical or unsafe and depending upon the actual or proposed - CIYO OF FARMERSVILLE 16 UBDIVISION ORDINANCE Section 3 Subdivision Design Standards alignment of the street, such as in the case of fa curved street, as may be required by the City Council. a. Perimeter Streets Where an existing half-street is adjacent toar new subdivision or addition, the other one-half of the street shall be dedicated, and an appropriate amount of the street shall be improved, by the developer of the subdivision or addition. b. Slope Easements The dedication of easements, in addition to dedicated rights-of way shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes. Such slopes shall be no steeper than three feet (3) horizontal run to one foot (1) vertical height, or a three -to-one (3:1) slope. 6) Intersection Improvements Intersection improvements: and traffic control devices shall bei installed as warrantedi in accordance with the traffic impacta analysis. Construction and design standards shall be in accordance with the City's Design Manual and Standard Construction Details. 7) PhasedDevelopment Wherea a subdivisionis proposed to occur inp phases, the applicant, in conjunction with submission of the preliminary plat, shall provide a schedule of development. The schedule shall set forth the intended plan of development and dedication of rights-of-way for streets and street improvements, whether on- site or off- site, intended to serve each proposed phase of the subdivision. The City Engineer shall determine whether the proposed phasing of any streets and street improvements are adequate pursuant to standards hereine established, and may require thatatraffic impact analysis be submitted for the entire project or such phases as the City determines to be necessary to adjudge whether the subdivision will be adequately served by the phased dedication and construction of such streets and thoroughfares. 8) Arrangement of Streets Not Shownont the Thoroughfare Plan - For streets that are not shown on the City's Thoroughfare Plan, such as local residential streets, the arrangement ofs fsuch streets within a subdivision shall: a. Provide for the continuation or appropriate projection ofe existing streets from or into surrounding areas, including at least two (2) points of access; b. Conform toas speciala area plan for ther neighborhood approved or adopted by the City Council to meet a particular situation where topographical or other conditions make continuance or conformity to existing streets impractical; Provide for additional future access, such as by stubbing out streets for future extension to the outer boundary of the subdivision, to adjacent vacant areas which willl likelyo develop under a similar zoning classification or fora a similart type ofland use; and d. Not conflict in any way with existing or logically anticipated driveway openings. 9) Collector and Residential Streets - Residential collector streets and minor residential streets shall be laid out such that their use by through traffic willl be discouraged, such as via circuitous routes or multiple turns or offsets, but such that access is provided to B CITYOF FARMERSVILLE SUBDIVISIONO ORDINANCE Section 3- Subdivision Designs Standards adjacent subdivisions. Whereverther right-of-wayv width ofa collector or residentials street must transition to a greater or lesser width, such transition shall occur along the front, side or rear lot lines of adjacent lots and shall not occur within the street intersection itself. Inc other words, ther right-of-way width shall be the same on both sides of any street intersection. 10) Adjacencyof Residential Properties - Where a subdivision abuts or contains an existing orp proposed arterial street, the City Council may require marginal access streets, reverse frontage (lots which back onto the arterial), deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through traffic and local traffic. 11) Reserve Strips - Reserve strips controlling acces SS to streets shall be prohibited except where their control is required by the City and approved by the City Council. 12) Halfs fStreets : Construction of half streets shall be prohibited, except when essential to the reasonable development of the subdivision in conforming with the other requirements of this Ordinance and the Thoroughfare Plan, and where the City Council makes a determination that there is no immediate benefit to be gained by constructing the full street section since no access from the street will be needed by the subdivision in question. The City Council may also find that it would be more practical, or cost effective, to delay construction of the other one-half (%o) of a street until the adjoining property is developed. If the property owner is responsible for one-half (%) of the street, then the property owner shall either construct the facilitya along with his or her development or shall provide escrow for the construction cost of his or her share oft the facility (including all applicable street appurtenances such as median openings, left turn lanes into the development, sidewalks, drainage structures, etc.). Whenever a partial street has been previously platted along a common property line, the other portion of the street right-of-way shall be dedicated such that the right-of-way is increased to the streets ultimate planned width. Improvements shall be made to all on-site facilities as defined herein (see Definitions, Section 1.11). 13) Perimeter Streets_and Associated Improvements When a proposed subdivision, whether residential or nonresidential, abuts on one or both sides of an existing substandard street, or on a planned or future road as shown on the Thoroughfare Plan, being substandard according to the then existing current Thoroughfare Plan, the developer shall be required toi improvel his orl her reasonable share oft thee existing on-site facility as that term is defined herein, including appurtenant sidewalks, screening and landscaping, storm drainage structures, water quality or erosion controls, and other on- site facilities as defined in Section 1.11, tol bring the same to City standards, ort to replace itwith a standard City street as determined by the traffic impact analysis, t frequired, and atnoc cost tot the City. - CITY OF FARMERSVILLE 48 SUBDIVISION LORDINANCE Section 3- Subdivision Design Standards The developer's share of improvements to a substandard perimeter road shall be at leastt twenty-five feet(25)of pavement (including curb, ifany), which is approximately equivalent to one- -half (50%) of a collector street width (ie., two through traffic lanes), along the entire front footage of the subdivision, unless the traffic impact analysis, if required, indicates that some other pavement width is necessary to achievea and maintain an acceptable levelofservice on the roadway. Ifthe subdivision is to be located on both sides of the roadway, at least twenty-five feet (25) of pavement shall be constructed by the developer on each side of the road along the entire front footage of the subdivision on each respective side of the road, unless the traffic impact analysis indicates that some e other pavement width is necessary to achieve and maintain an acceptable level of service on the roadway. Design and construction of the roadway shall bei in accordance with the City's Thoroughfare Plan (with respect to right-of-way width and general location), the Design Manuals, and with any other applicable City codes and ordinances. b. Depending upon the specific roadway in question, and upon the traffic impact analysis.results, any oversizing above the minimum twenty-five feet (25) width may be borne by the City, the County, the State or by some other entity to the extent that the cost of oversizing exceeds the subdivisions roughly proportionate impact. The City Council may, at its option, accept escrow funds in lieu of immediate roadway construction if the subdivision derives principal access from another improved roadway and if delaying construction and improvement of the road will not harm or otherwise inconvenience neighboring property owners or the general public. C. Streets which dead-end at power lines or similar rights-of-way or easements, and which are intended for future extension across these rights-of-way or easements, shall be constructed in the right-of-way or easement for half the distance across the right-of-way ore easement, and shall be further restricted as set forth in Subsection 14 below. A note shall be placed on the final plat clearly labeling the dead-end streets that will, at some point, be extended across the power line easement (or right-of- way), and signage shall be placed at the end of the constructed street stub, such as on the barricade, also stating that the street will be extended in the future. Signage size and lettering shall be in accordance with the City requirements. 14) Dead-End Streets Excepti in unusual cases, no dead-end streets willl be approved unless such dead-end streets are provided to connect with future streets on adjacent land. In the case of dead-end streets, which will eventually be extended into the adjacent subdivision, no more than one lot (per side) can front onto the dead-end street stub unlessa temporary turnaround! bulb (with an off-site easement) isp provided at the end. A temporarydead-end: street shall note exceed the maximum allowed! lengthofar normal cul- de-sac, and the temporary turnaround bulb must be constructed like a cul-de-sac. However, the City Engineer may authorize the use of asphalt or other durable paving material than concrete for the: arc, or wing, portions of the temporary turnaround bulbi in E CITY OF FARMERSVILLE 49 SUBDIVISION ORDINANCE Section 3- Subdivision Design Standards order to minimize the cost of removing those portions later. A note shall be placed on the final plat clearly labeling any dead-end streets (if any) that will at some point be extended into the adjacent property, and signage shall be placed at the end of the constructed street stub, such as on the barricade, also stating that the street will be extended in the future. Signage and lettering must be large enough to be legible bya a person with normal vision at a twenty-foot (20) distance. Any required temporary turnaround easements shall be shown on the final plat along with their appropriate recording information, if they are off-site or established by separate instrument. 15) ExtensionofE ExistingStreets New streets that extend existing streets shall be dedicated at equal or greater right-of-way widths than the existing streets, or as otherwise required byt the City's Thoroughfare Development Plan and approved by the City Engineer. 16) Construction ofNew Streets Allr new streets within a subdivision shall be constructed in accordance with paving widths and specifications as set forth in the Design Manual and Standard Construction Details of the City of Farmersville at the time at which the preliminary plat application is officially submitted and deemed a complete application. 17) Points of Access All subdivisions shall have at least two (2) points of access from improved public roadways (also see Section 3.1). Driveway access onto roadways shall be provided and designed in accordance with the City'sDesign Manual and Construction Details that are in effect at the time the preliminary plat application is officially submitted and deemed a complete application. 18) StreetLights - All street lighting shall be installed in conformance with the City'sZoning Ordinance. Mercury vapor luminaries shall not be accepted. All fixtures shall be hooded ina way that directs all lighting downward. 19) Street Names Street names must be submitted to the City, for review and approval as ap part of the preliminary plat application, and shall become fixed at the time of approval of the preliminary plat. On the final plat, street names shall not be changed from those that were approved on the preliminary plat unless special circumstances have caused the major realignment of streets or a proposed street name/s) is discovered to have already been used elsewhere in the City (or some other similar eventuality). If additional street names arer needed for thef final plat, then they must be submitted for review and approval by the City, the U.5. PostalService, anda applicable emergency service providers (including 911) along with the final plat application. A fee may be established by the City for the changing of street names after approval of the preliminary plat. a. Surnames of people or the names of corporations or businesses shall not be used as street names, unless approved by the City Council. The City will maintain a list of existing street names (and "reserved" street names that have been approved on a preliminary plat), and will update the list as new streets are platted. b. New: street names shall not duplicate existing street names (fore example, Smith Street VS. Smythe Street; Oak Drive VS. Oak Place VS. Oak Court VS. Oak Circle; Cascade Drive VS. Cascading Drive); shall not be so similar as to cause confusion between names (for - CITYOFF FARMERSVILLE SUBDIVISION ORDINANCE 50 Section 3- Subdivision Design Standards example, Lakeside Drive VS. Lake Side Drive VS. Lake Siding Drive); and shall nots sound like existing street names when spoken (for example, Oak Drive VS. Doak Drive V5. Cloak Drive; Lantern Way Vs. Land Tern Way). Suffixes shall be in agreement when a street is extended (for example Oak Street cannot extend Oak Drive). News streets which extend existing streets shall bear the names of the existing streets. Streets crossing thoroughfares or other roadways shall bear the same name on both sides oft the thoroughfare, wherever practical. Acul-de-sac orloopt thatisr namedafter another through street (such as Oak Court or Oak Circle or Oak Trail) must actually connect to the main street (Oak) from which the name is derived. d. The property owner shall install lalls street name signs and poles for the development. Installation shall be complete prior to approval of the engineering plans by the City Engineer. Street name signs as specified by the City shall be installed in accordance with the City/sguidelines before issuance ofa building permit for any structure on the streets approved within the subdivision. 3.5 TRAFFIC IMPACT ANALYSIS 3.5.1 ANALYSIS REQUIREMENTS Any proposed development project or plat involving a significant change to a proposed roadway alignment from that shown on the City of Farmersville's Thoroughfare Plan, or involving a development of one hundred (100) or more dwelling units, or for developments generating five thousand (5,000) or more "one-way" trips per day, or as otherwise required by the City Engineer must be preceded by submission and approval ofa traffic impact analysis as specified in Subsection 3.5.2 below. 3.5.2 REQUIRED COMPONENTS OF TRAFFIC IMPACT ANALYSIS Whenevert this Ordinance or the City Council, in uniquei instances which do not necessarily meet the above criteria but which may significantly affect the public health, safety or welfare such as a proposed subdivision that will only be accessed via substandard roadways which may pose an impediment to emergency response vehicles requires submission and City Council approval lofat traffic impact analysis, the following elements shall be included: 1) General Site Description The traffic impact analysis shall include a detailed description ofthe roadway network within one (1)mile of the site, a description ofthe proposed land uses, the anticipated dates of construction, and the anticipated completion date of the proposedI land development: shall be provided. Thisdescription, whichmay bei int thef form of a map, shall include the following items: (1) all major intersections; (2) all proposed and existing ingress and egress locations; (3) all existing roadway widths and rights-of- way; (4) all existing traffic signals and traffic-control devices; and (5) all existing and proposed public transportation services and facilities within a one (1) mile radius of the site, E CITY OF FARMERSVILLE SUBDIVISION ORDINAN 51 Section 3- Subdivision Design! Standards 2) Proposed Capital Improvements The traffic impact analysis shall identify any changes to the roadway network within one (1) mile of the site that are proposed by any government agency or other developer. This description shall include the above items as well as any proposed construction project that would alter the width or alignment of roadways affected by the proposed development. 3) Roadwayimpact/ Analysis a. Transportation Impacts: i. Trip Generation. The average weekday trip generation rates (trip ends), the average weekend trip generation rates (for uses other than residential or institutional), the highest average a.m. and p.m. hourly weekday trip generation rates, and the highest hourly weekend generation rates (for uses other than residential ori institutional) for the proposed use shall be determined based upon the trip generation rates contained in the most recent edition of the Institute of Transportation Engineers, Trip Generation Manual; or shall be based upon data generated by actual field surveys of area uses compatible to the proposed use and approved by the City Engineer. ii. Trip Distribution. The distribution of trips to arterial and collector roadways within the study area identified in Subsection 3.5.2.1 (General Site Description), above, shall conform with accepted traffic engineering principles taking into consideration the land use categories of the proposed development; the area from which the proposed development will attract traffic; competing developments (if applicable); the size of the proposed development; development phasing; surrounding existing anda anticipatedland uses, population and employment; existing and projected daily traffic volumes; and existing traffic conditions identified pursuant to Subsection 3.5.2.1) above. b. Adequa/Determination - The roadway network included within the traffic impact analysis shall be considered adequate to serve the proposed development if existing roadways identified as arterials and collectors can accommodate the existing service volume, and the service volume of the proposed development, and the service volume of approved but unbuilt developments holding valid, unexpired building permits atal level of service "C" or above. 4) Intersection Analysis a. LevelofService Analysis For intersections within the roadway traffic impact analysis area described Subsection 3.5.2.1) above, a level of service analysis shall be performed for all arterial to arterial, arterial to collector, and collector to collector intersections, and for any other pertinent intersections identified by the City Engineer. Also, level of service analysis will be required on all proposed site driveway locations for all nonresidential developments. The City may waive analysis of minor intersections and site driveway locations within the one-mile radius. The level of service analysis shall be based upon the highest hourly average a.m. or p.m. peak E CITYOF FARMERSVILLE 52 SUBDIVISION ORDINANCE Section 3- Subdivision Design Standards weekday volume or highest average hourly peak weekend volume as determined from a two-day survey of weekday volumes and, where necessary, a one-day survey of weekend volumes. The level of service analysis shall take into consideration the lane geometry, traffic volume, percentage of right-hand turns, percentage of left- hand turns, percentage (and typical size) of trucks, intersection width, number of lanes, signal timing and progression, roadway grades, pedestrian and bicycle flows, schoolt routes, number of accidents, and peak hour factor. b. AdequacyAnalvsis The intersections included within the traffic impact analysis shall bec considered adequate to serve the proposed development if existing intersections can accommodate the existing service volume, the service volume of the proposed development, and the service volume of approved but unbuilt developments holding valid, unexpired building permits at level of service "C" or above. 5) Effect of Adequacy Determination If the adequacy determination for roadways and intersections indicates that the proposed development would cause a reduction in the level of service for any roadway or intersection within the study area identified in Subsection3.5.2.1): above that would cause the roadway to fall below the level of service required hereto, the City Council may deny the request or may require one of the following conditions as a condition of approval: a. The deferral of building permits until the improvements necessary to upgrade the substandard facilities are constructed; b. Areductioni in the densityor intensity of development; C. The dedication or construction of facilities needed to achieve the level of service required herein; or d. Anyo combination of techniques identified herein that would ensure that development willr not occur unless the levels of service for all roadways andi intersections within the traffic impact analysis study are adequate to accommodate the impacts of such development. 3.6 PRIVATE STREET SUBDIVISIONS 3.6.1 PRIVATE STREETS Subdivisions having private streets may be established only under the terms set forth in this Section, and pursuant to any other ordinances or guidelines for private street developments as may be adopted for usel by the City either as part of this Ordinance or as separate ordinances or policies. All private streets shall be designed and constructedi in accordance witht the City's Design Manual and Standard Construction Details for publicly dediçated streets. The term Private Street shall be inclusive of alleys, if provided. 3.6.2 ELIGIBILITY CRITERIA Private streets shall be permitted only within a subdivision satisfying each of the following criteria: E CITYOFF FARMERSVILLE SUBDIVISION ORDINANC CE Section 3- Subdivision Design Standards 1) The subdivision shall have a sufficient number of lots and value to demonstrate through an approved economic analysis the viability of private maintenance by the development served; 2) The streets to be restricted to private use are not intended for regional or local through traffic circulation (see Subsection 3.6.3 below); 3) The subdivision is located in an area that is surrounded on three (3) sides, meaning at least seventy-five percent (75%) oft the perimeter, by naturald or man-made barriers, so as to be accessible from only a single direction oft the compass; 4) The subdivision is located adjacent to an existing or approved public street that can be reasonably connected, even though the street connection may require the construction ofa bridge or culvert; 5) The subdivision shall have at least two (2) points of vehicular access connected via improved roadways to the City's improved thoroughfare and street system by one or more approach roads, as required herein above; 6) Amandatory property owners (homeowners) association, which includes every owner of a lot within the private street development, shall be formed and shall ber responsible for maintenance of the private streets and alleys. (see Subsection 3.6.5 below and Section 4.3); and 7) The subdivision conforms to any other special guidelines for private street developments asi may be approved separately by the City Council. 3.6.3 CERTAIN STREETS EXCLUDED Roads or streets that are shown on the City's Thoroughfare Plan, such as highways, major or minor thoroughfares or arterials, or collectors, shall not be used, maintained or constructed as private streets, and a private street subdivision shall not cross or interfere with an existing or future collector or arterial street. Also, the Planning and Zoning Commission and City Council may deny the creation of any private street if, in their sole determination, the private street would negatively affect traffic cirçulation onj public streets, or ifit would impair access to the subject or adjacent property; impair access to or from public facilitiesi including schools or parks; ori rifit would cause possible delaysi in the response time of emergency vehicles. 3.6.4 PARKS, GREENBELTS AND WILDLIFE PRESERVES EXCLUDED A private street subdivision shall not cross or interfere with public access to an existing or future public pedestrian pathway, hike and bike trail, greenbelt, park or wildlife preserve as shown on the City of Farmersville's Parks and Open Space Master Plan or as already dedicated for public use. 3.6.5 PROPERTY OWNERS OR HOMEOWNERS ASSOCIATION REQUIRED Subdivisions developed with private streets shall have a mandatory property owner's association (the Association) which includes all property and lots served by the private streets in accordance with the requirements of Section 4.3 of this Ordinance. The Association shall own and be responsible for the - CITYOFF FARMERSVILLE 54 SUBDIVISION ORDINANCE Section 3- Subdivision Design Standards maintenance of private streets and appurtenances. The Association shall provide for the payment of dues and assessments required to maintain the private streets. The Association documents shall be reviewed and approved by the City Manager and the City Attorney to ensure that they conform to these and other applicable City rules and regulations prior to final plat approval. The Association documents shall be filed of record at Collin County or Hunt County prior to final plat acceptance in order to ensure that there isan entity in place for long-term maintenance of private streets and all related appurtenances. The Associationi may not be dissolved without the prior written consent of the City Council. No portion ofthe Association documents pertaining to the maintenance of private streets and alleys, and assessments therefore, may be amended without the prior written consent oft the City Council. The Association and its operations must meet the following requirements: 1) Reserve fund The Association documents must establish a reserve fund for the maintenance of private streets and other improvements such as common greenbelts, security station structures and equipment, and other significant Association infrastructure. This reserve fund shall not be commingled with any other Association fund. The balance of the fund shall be equal to the total replacement cost oft the private streets and other improvements divided by the average life expectancy of those improvements times the age of the improvements. The life expectancy for a subdivision with concrete streets shall bea aminimum of twenty (20) years. a. The Association shall have an annual review performed by a certified public accounting firm verifying the amount in the reserve fund. A copy of this review shall be provided to the City. b. Ifthe specific usep permit isi revoked or the private streets converted to public streets, the reserve fund shall become the property of the City. 2) Assessment for Repairs-and Assignment of Association Lien Rights The Association declaration shall provide that should the Association faill to carryo youti its duties as specified in these regulations, the City ori its lawfula agents shall have the right and ability, after due notice to the Association, to perform the responsibilities of the Association if the Association fails to do so in compliance with any of the provisions of these regulations or of any applicable City Codes, regulations or agreements with the City and to assess the Association or the individual lot owners for all costs incurred by the City in performing said responsibilities if the Association fails to do so, and the City shall further have any and alll liens and lien rightsgranted tot the Association to enforce the assessmentsr required byt the declaration, and/or to avail itself of any other enforcement actions available to the City pursuant to state or City codes and regulations. 3) Requireddisclosures- The Association documents shall address, but shall not be limited to,t thet following three paragraphs: a. The Association documents must indicate that the streets within the development are private, owned and maintained by the propertyo owners' association and that the City has no obligation to maintain or reconstruct the private streets. E CITY OF FARMERSVILLE SUBDIVISION ORDINANCE Section 3- Subdivision Design Standards b. The Association documents shall include a: statement indicating that the City may, but is not obligated to, inspect private streets, and require repairs necessary to insure maintenance to City standards. The Association may not be dissolved without the prior written consent of the City. 3.6.6 PRIVATE STREETLOT Private streets must be constructed within a separate lot owned Ibyt the property owner'sassociation. This lotr must conform to the City's standards for public street rights-of-way. An easement covering the street lot shall be granted to the City and its employees providing unrestricted access to and use of the private streets and private street lot in pursuit of their official duties. This right shall also extend to all utility providers operating within the City and to other necessary governmental service providers, such as the U.S. Postal Service. The easement shall also permit the City to remove any vehicle or obstacle within the private street lot that may impair emergency access. 3.6.7 CONSTRUCTION. AND MAINTENANCE COsT The City shall not pay for any portion of the cost of constructing. or maintaining: a private street. 3.6.8 INFRASTRUCTURE AND UTILITIES Any public water, sewer and drainage facilities, street lights, and traffic control devices, such as traffiç signs, placed within the private street lot shall be designed and constructed to City standards, and shall be accepted by and dedicated to the City prior to filing the record plat for the subdivision. All private traffic control devices and regulatory signs shall conform to the Texas Manual of Uniform Traffic Control Devices, as amended, and to City standards. The metering for utilities such as water, gas and electricity shall be located on the individual lots to be served, not grouped together ina a centralized location(s), such as gang-box styler metering stations, which shall not be permitted. 3.6.9 PLANS AND INSPECTIONS Development applications for subdivisions with private streets must include the same plans and engineering information required for public streets and utilities. City requirements pertaining to inspection and approval ofimprovements shall apply, and fees charged for these services shall also apply. The Cityr may periodically inspect private streets, andi imay require anyr repairsnecessaryto: ensure efficient emergency access and to protect the public health, safety, convenience and welfare. 3.6.10 RESTRICTED ACCEss The entrances to all private streets shall be clearly marked with a sign, placed ina prominent and visible location, stating that the streets within the subdivision are private, and that they arer not maintained nor regularly patrolled by the City. Guard houses, access control gates, and cross arms, if used, shall be constructed per Subsection 3.6.11 below. All restricted access entrances must be manned twenty-four (24) hours every day, or they must provide a reliable, alternative means of ensuring City and emergency E CITYOF FARMERSVILLE SUBDIVISION ORDINANCE Section 3- Subdivision Design Standards access to thes subdivision, preferably with an Opticom-type system for emergency access, by the City and other utility or public service providers with appropriate identification. The method to be used to ensure Citya and emergency access into the subdivision: shall be approved by the City Council and by all applicable emergency services providers prior to engineering release for construction of the development. If the Association fails to maintain reliable access as required herein, the City may enter the subdivision and remove any gate or device which is a barrier to access at the sole expense of the Association. The Association documents shall contain provisions in conformity with this Section which may not be amended without the written consent of the City Council. 3.6.11 ENTRANCE DESIGN STANDARDS Any private street (and any other type of gated entrance) which has an access control gate or cross arm must have a minimum uninterrupted pavement width oftwenty-seven feet (27)at the location of the gate ora access control device, both ingress point and egress point, regardless of the type of device used. Ifan overhead, or lift-up, barrier is used, it must rise to a minimum of fourteen feet (14) in height above the road surface, and this clearance height shallbe extended fora a minimum distance of fifty feet (50)i inf front of and behind the location of the device. All gates and cross arms must be of a breakaway design. A minimum vehicle stacking distance of one hundred feet (100) shallb be provided from the right-of-way line oft the publicr road from which the private street subdivision is accessed to the first vehicle stopping point, which point is usually an access request keypad, a telephone, or a guard's window. Adequate distance shall be provided between the access request pointfs) and the entry barrier, or gate, to accommodate a vehicle turnaround as described below. Apaved turnaround space must be locatedinf front of(i.e., prior top passage through) any restricted access entrance barrier, between the access request device and the barrier or gate, to allow vehicles that are denied access to safely exit onto public streets without having to back up, particularly into the public street upon which the entrance is located. The design and geometry of such turnaround shall be of sufficient pavement width and having such inside turning radius thati it will accommodate smooth, single- motion U-turn movements by service, delivery and utility trucks as well as passenger vehicles. AS site plan showing the design and location of all proposed access restricted entrances shall be submitted forr review byt the City Engineer along with the engineering plans for the subdivision, and must be approved byt the City Council along with approval oft the preliminary plat. The City Engineer may require submission ofa additionaldrawings, plans or exhibits demonstrating that the proposed turnaround will work properly, and that vehicle turnaround movements will not compromise public safety on the entry and/or exit roadway or on the adjacent public street(s). 3.6.12 WAIVER OF SERVICES The subdivision final plat and record plat, property deeds and property owner's association documents shall note that certain City services shall not be provided for private street subdivisions. Among the servicest that will noth be provided are: routine law enforcement patrols, enforcement oftraffica andp parking regulations, and preparation ofa accident reports. Depending upon the characteristics of the development andi upon thea access limitations posed! by the designo of entrances into thes subdivision, other services (such ass sanitation) may not be provided, as well. R CITYOF FARMERSVILLE 57 SUBDIVISION ORDINANCE Section 3- Subdivision Design Standards 3.6.13 PETITIONTO CONVERT TO PUBLIC! STREETS The Association documents shall allow the Association to petition the City to accept private streets and any associated property as public streets and rights-of-way upon written notice to all Association members and upon the favorable vote of a majority of the membership. However, in no event shall the City be obligated to accept said streets as public streets. Should the City elect to accept the streets as public streets, then the City has the right to inspect the private streets and to assess the lot owners for the expense ofr needed repairs concurrent with the City's acceptance of the streets. The City shall be the sole judge of whether repairs are needed. Upon acceptance of the private streets as public streets the City may also require, at the Associations or the lot owners expense, the removal of any guard houses, access.control devices, landscaping or other aesthetic amenities located within the street lot or within any other roadway common area that are not consistent with a public street development. The Association documents shall provide for the City's right to such removal and assessment. Those portions of the Association documents pertaining to the subject matter contained in this Section shall not be amended without the written consent of the City Council. However, the Association documents must be modified andi re- filed to remove requirements: specific to private street subdivisions at such time as the City accepts the private streets asp public streets. 3.6.14 HOLD! HARMLESS The subdivision final plat and record plat shall contain language whereby thep property owners association, as owner of the private streets and appurtenances, agrees to release, indemnify, defend and hold harmlesst the City, any other governmentale lentity, and any public utility for damagest to the private streets that may be occasioned! by the reasonable use of the private streets by same, and for damages and injury (including death) arising from the condition of the private streets, out ofa fany use of access gates or cross arms, or out of fany use of the subdivision by the City or governmental or utility entity (such plat language is available from the City). 3.7 SIDEWALKS 3.7.1 SIDEWALKS REQUIRED Pedestrian concrete walkways (sidewalks) not less than five feet (5) wide or as required by the Zoning Ordinance shall be required within all non-residential and residential subdivisions on both sides of all streets. Sidewalks shall be installed prior to the issuance ofa Certificate of Occupancy for each abutting development as set forth in the City of Farmersville's Design Manual and Standard Construction Details. 3.7.2 PROVISION OF ESCROW The cost and provision of any perimeter sidewalks, such as along major thoroughfares, may be escrowed asa part ofac developer's agreement, ifapprovedbyt the City. The City has the right, butr nott the obligation, tor refuse escrow and to require paving of the sidewalks if, in the City's sole opinion, immediate provision of the sidewalks is necessary for safe pedestrian circulation or if it would otherwise protect the public health, safety or welfare. a CITYOFF FARMERSVILLE 58 SUBDIVISION ORDINANCE Section 3- Subdivision Design Standards 3.7.3 TIMING OF CONSTRUCTION As deemed appropriate by the City Engineer, sidewalks shall be constructed at time of development of subdivision, or the funds for such construction shall be escrowed to City and will be reimbursed to developer as sidewalks are constructed. 3.7.4 ExEMPTION Notwithstanding the foregoing, sidewalks shall not be required in subdivisions with lot sizes at least one (1) acre or more in: size. 3.8 WATER AND WASTEWATER FACILITY DESIGN 3.8.1 WATER All new subdivisions shall be connected with an approved water system, and shall be capable of providing water for healtha ande emergency purposes, including fire protection. The design and construction of water system improvements shall comply with thei following standards: 1) Design and construction of a water source on the site shall be in accordance with applicable regulations of the Texas Commission on Environmental Quality (TCEQ). 2) Design and construction of water service from the City shall be in accordance with the City's Design Manual and! Standard Construction Details Manual, andi in accordance with TCEQ standards, whichever requirement is most stringent. 3) Design and construction ofai fire protection system shall be in accordance with the City's Design Manual and Standard Construction Details, and in accordance with the fire department serving the site (ie., the City or the County, as applicable). 3.8.2 WASTEWATER All new subdivisions shall be required to connect to the City's wastewater system unless served by other means approved by the City Council. The design and construction of the wastewater system improvements shall comply with the following standards: 1) Design and construction of on-site waste disposal systems shall comply with applicable regulations of the TCEQ, applicable regulations of Collin or Hunt County, and with the provisions of the City of Farmersville's Code of Ordinances, whichever requirement is most stringent. 2) Design and construction of wastewater collection and treatment service from the City shall be in accordance with the standards in the City's Design Manual and Standard Construction Details, and in accordance with TCEQ standards, whichever requirement is most stringent. E CITY OF FARMERSVILLE 59 SUBDVISONORDNANCE Section 3- Subdivision Design Standards 3.8.3 APUCANTSREPONSENTES The applicant shall be responsible for: 1) Phasing of development or improvements in order to maintain adequate water and wastewater services; 2) Extensions of utility lines to connect to existing utility services; 3) Providing or procuring all necessary easements for the utilities (whether on-site or off- site); 4) Providing prooft to the City of adequate water and wastewater: service; 5) Providing provisions for future expansion of the utilities if such will be needed to serve future developments or lines larger than twelve (12) inches; 6) Providing all operations and maintenance of the utilities, or providing proof that a separate entity willl be responsible for the operations and maintenance of the utilities; 7) Providing all fiscal security required for the construction of the utilities; 8) Obtaining approvals from the appliçable utility providers if other than the City; and 9) Complying with all requirements of the utility providers, including the City. 3.8.4 EXTENSION OF SERVICES Extension of water and wastewater lines shall be made along the entire frontage of the subdivision adjacent to a street or thoroughfare. If the subdivision is not adjacent to a thoroughfare, the extension of utilities shall be accomplished in such a manner as to allow future connections to said utilities by new subdivisions. If new subdivisions will never be constructed beyond a developing subdivision due to physical constraints, the City Council may waive the requirement for adjacent utility line construction at the time of preliminary plat approval and prior to construction oft the subdivision. 3.8.5 OTHER REGULATIONS Installation, operations and maintenance of utilities not specifically referenced herein shall comply with regulations oft the TCEQ andv with any other applicable State rules and regulations, whichever requirement is most stringent. 3.9 STORM WATER COLLECTION AND CONVEYANCE SYSTEMS 3.9.1 SYSTEM DESIGN REQUIREMENTS Drainage improvements shall accommodate runoff from the upstream drainage area in its anticipated maximum "build-out" condition, and shall be designed to prevent overloading the capacity of the downstream drainage system. The City may require the phasing of development, the use of control methods such as retention or detention, or the construction of off-site drainage improvements in order to mitigate the impact of the proposed development. No storm water collection system shall be constructed unless it is designedi in accordance with the City's Design Manual and Standard Construction Details by a licensed professional engineer, and unless iti is reviewed and approved by the City Engineer. E CITYO OF FARMERSVILLE SUBDIVISION ORDINANCE 60 Section 3- Subdivision Design Standards Allplans submitted to the City Engineer for approval shall include a layout oft the drainage system together with supporting calculations for the design of the system. 3.9.2 EROSION AND SEDIMENTATION CONTROLS All erosion and sedimentation controls shall conform to the Design Manual and Standard Construction Details, Stormwater Management Plan, City Ordinance, or EPArequirements, whicheverisr most stringent. For erosion and sedimentation control, the City uses the latest edition of Storm Water Quality Best Management Practices for Construction Activitiesi in North CentralTexas (bythe NcTCOG)atopyofwhich is on file at the City. 3.9.3 PERMISSION REQUIRED No person, individual, partnership, firm or corporation: shall deepen, widen, fill, reclaim, reroute or change the course or location of any existing ditch, channel, stream or drainage way without first obtaining written permission of the City Engineer and any other applicable agency (such as FEMA or the U.S. Army Corpso dftrenerlhanmgwtiaio. The City Engineer may, at his or her discretion, require preparation and submission of a flood study for a proposed development if there are concerns regarding storm drainage on the subject property or upstream or downstream from the subject property. The costs of such study, ifrequired, shalli be borne by the developer. 3.9.4 MINIMIZING CUT AND FILL In order to help reduce storm water runoff, and resulting erosion, sedimentation: and conveyance of non- point source pollutants, the layout of the street network, lots and building sites shall, to the greatest extent possible, be sited and aligned along natural contour lines, and shall minimize the amount of cut and fill on slopes in order to minimize the amount of land area that is disturbed during construction. Development shall attempt to balance cut and fillr required for the development. 3.9.5 PROHIBITIONOFC CROS-STREETFIOW No cross-street flow (i.e., perpendicular tot traffic flow) of storm water runoff shall be permitted unless approved by the City Engineer. When and if such drainage flow is allowed, it must be across a concrete street (i.e., valley gutter) and as approved by the City Engineer. 3.9.6 RETENTIONA AND DETENTION Alls storm water retention or detention facilities thata are not located underground shall be designed using materials and techniques as established int the City's Design Manual and Standard Construction Details or as may be required by the City Engineer and shall ber maintained by a Homeowners Association. 3.9.7 LABELING OF INLETS Developer shall install on each storm inlet a permanent title, plaque or impression stating that this inlet discharges into a river, creek, etc. in order to discourage dumping of debris and toxics. (City shall adopta a design/logo for this purpose.) - L CITYOFF FARMERSVILLE 61 SUBDIMISION ORDINANCE Section 3- Subdivision Design Standards 3.10 RETAINING WALLS 3.10.1 RETAINING WALL REQUIREMENTS Ing general, theu use of retaining walls shall Iber minimized, wherever possible, through minimal and balanced cut and fill on property. When property within or directly adjacent to a subdivision contains changesi in elevation exceeding two and one-half feet (2.5) and the slope exceeds one unit vertical in two units horizontal, a retaining wall shall be required at the locations specified herein prior to the acceptance of the subdivision: 1) Location A - The grade change roughly follows a side or rear lot line. 2) Location B The grade changei is adjacent to a proposed building site boundary. 3) Location C- : The grade change is adjacent to a water course or drainage easement. Retaining walls shall not bec constructed parallelt to and/or within any portion of a utility easement. 3.10.2 RETAINING WALL DESIGN AND CONSTRUCTION All retaining wall design and construction: shall be in compliance with the provisions of the Building Code and the Design Manuals and Standard Construction Details of the City of Farmersville, and shall be approved byt the Building Official. 3.10.3 RETAINING WALL MAINTENANCE Retaining walls shall ber maintained by the owner oft the property where such retaining wall is located. 3.11 SCREENING, ENTRY FEATURES AND LANDSCAPING REQUIREMENTS 3.11.1 SCREENING REQUIRED Where subdivisions are platted so that the rear or side yards of single-family or two-family residential lots are adjacent to an arterial thoroughfare (greater than sixty feet (60) in right-of-way width on the Thoroughfare Plan);af four( (4)lanec collector street; ares separated from ai thoroughfare by an alley; or back up to collector or residential street (which is not allowed unless specifiçally approved by City Council), the developer shall provide, at his or her sole expense, screening according to the following alternatives and standards. All screening including columns and decorative features shall be adjacent to ther right-of- way and fully located on the private lot(s), within a separate lot or within landscape easement assigned to the Homeowners Association across several lots. All forms of screening shall conform to the requirements of City ordinances and policies that govern sight distance for traffic safety and meet the following requirements: 1) Screening shall be provided in accordance with, and shall be constructed to, standards and criteria as set forth in the City's Design Manuals and Standard Construction Details and other related City code(s) and policyls). - CITYOF FARMER VI VILLE 62 SUBDIVISION ORDINANCE Section 3- Subdivision Design Standards 2) A maintenance nent at least five feet (5) in width shall be dedicated to the Homeowners Association on the private lot side and adjacent to the screening wall or device. 3) The screening wall shall be installed prior to approval of the final plat and prior to final acceptance of the subdivision. Landscape materials may be installed before the subdivision is accepted, upon approval of the City Engineer. 4) Allp plants, such as trees, shrubs andg groundo covers, shall be maintained bya Homeowners Association meeting the requirements ofSection 4.3, shall be living andi in sound, healthy, vigorous and growing condition. All plant beds shall bei irrigated, with meters charged to the! Homeowners Association. 5) Allr masonry and steel screening wall plans and details must be designed and sealed bya Texas licensed professional engineer, and must be approved byt the Building Official. 6) Required height of screening devices, including spans between columns, shall be a minimum of six feet (6) and shall be no more than eight feet (8) tall. Decorative columns, pilasters, stone caps, sculptural elements, and other features may exceed the maximum eight fopt (8) height by up to two feet (2) for a total maximum height of ten feet (10) for these features, provided that such taller elements comprise no more than ten percent (10%)ofthe total wall lengthi ine elevation view. Features that are taller than ten feet (10) ini height shall require City Council approval. 7) Screening walls and devices shall not be constructed within any portion of a utility easement unless specifically authorized by the City and other applicable utility provider. 3.11.2 ENTRYWAY FEATURES (NEIGHBORHOOD IDENTIFICATION) Subdivisions may provide al landscaped entryway feature at access points from streets and thoroughfares into the subdivision. The entryway feature shall be placed on private property and within an easement identified for such use and shall observe all sight visibility requirements. All feature or landscaping shall be located on private property so that! long-term maintenance responsibility willl be borne by the property owner or an approved Homeowners Association (see Section 4.3). Entryway features that are located within City right-of-way shall only be allowed City Council approval and only with the execution of an agreement with the City that relieves the City of maintenance responsibility and that indemnifies and holds the City harmless for damage ori injury incurred by or in conjunction with such features in the right- of-way. 1) Design Requirements The entryway feature shall include low maintenance, living landscaped materials as approved by the City Manager. The design of the entryway feature shall also include an automatic underground irrigation system, and may also include subdivision identification, such as signage located on the wall. All plants shall be living andi lina sound, healthy, vigorous and growing condition, and they shall be ofas size, fullness and height that is customary for their container or ball size, as per the latest edition of the "Ameriçan Standard for Nursery Stock", by the American Association of Nurserymen, as may be amended. Any walls or structures used in the entryway feature E CITY OF FARM ERSVILE 3 SUBDIVISION ORDINANCE Section 3- Subdivision Design Standards must conform to the City's regulations pertaining to maximum height within the front yard of residential lots (see the Zoning Ordinance) wherever the adjacent lot sides onto the arterial street and the wall will be located within the front yard setback area. The design of the entryway shall be in accordance with design policies in the City's Design Manuals and Standard Construction Details. The designoft thee entryway shalll be reflected on the landscape andi lirrigation plans submitted along with thee engineering plans andt the preliminary plat, and shall be approved by the City Manager. 2) Ther maintenance oft the entryway shall be the responsibility of the applicant fora a period of at least two (2) years or until building permits have been issued for ninety percent (90%) of the lots in the subdivision, whichever event is later. Following that period of time, maintenance responsibility shall be borne by the private property owner(s) upon whose lot(s) the entryway feature is located, or by an approved Homeowner,Asociation (see Section 4.3). 3.11.3 LANDSCAPING All landscaping and landscape screening shall conform with the City's Zoning Ordinance, and as interpreted and approved by the Citystaff. 3.11.4 SIGNAGE All signage used to identify subdivisions shall conform with the City's Sign Regulations. 3.12 PRIVATE UTILITY SERVICES 3.12.1 DEFINITIONS For purposes oft this section, the following meanings shall apply: 1) "Utility services" The facilities of any person, firm or corporation providing electric, natural gas, telephone, cable television, or any other such item or service for public use approved but not necessarily provided by the City ofFarmersville. 2) "Feeder line or feeder/lateral line" High voltage supply electric lines that emanate from substations used to distribute power through an area to an unspecified number of customers. 3) "Lateral lines" Those electric or telephone lines used to distribute power from a feeder line to a single subdivision. These electric lines are normally connected to a feeder line through a sectionalizing device such as a fuse. 4) "Service lines" Those electric lines used to connect between the utilities' supply system or lateral lines and the end users meter box. E CITY OF FARMERSVILLE 64 SUBDIVISION ORDINANCE Section 3- Subdivision Design Standards 3.12.2 UNDERGROUND! UTILITIES All utilities, including electrical and communication lateral lines, shall be installed underground along Major and Principal 4-lane undivided streets, local collector streets and local streets, as indicated on the Thoroughfare Plan, unless approved by the City Engineer. Temporary electrical services may be placed above ground along Major and Principal 4-lane undivided streets, but must be placed underground as adjacent property develops. Electrical service lines for residential and non-residential properties from overhead distribution lines shall be placed underground from the right-of-way to the point of service. Nothing in this Section shall be construed to require any existing facilities in place prior to the effective date of this Ordinance to be placed underground. 1) Cost Recovery Nothing herein shall prohibit or restrict any utility company from recovering the difference incosto of overhead facilities and underground utilities from the property owner in accordance with the provisions of such utility's approved tariff. No utility company shall be required or permitted to begin construction of underground facilities unless and until the property owner or developer of the subdivision has made arrangements satisfactory to the specific utility company for the payment of such difference between the cost of overhead facilities sand underground facilities, as approved byt the City Engineer. 2) Support Equipment All electrical and telephone support equipment, including transformers, amplifiers and switching devices necessary for underground installations, shall be pad or ground-mounted, or shall be mounted underground and not overhead, unless the subdivision is served from perimeter overhead electrical facilities. Pad or ground-mounted utility equipment shall be completely screened from view of any public roadway, and shall not be located within any required visibility area, such as at street intersections or corners or at driveway openings or within City right-of-way. 3.12.3 EASEMENTS The location, size and type of all private utility easements running over, across and through or otherwise serving the subdivision shall be identified on the final plat. Verification of acceptance of easement locations and widths by the utilities shall be provided to the City, by the applicant, prior to final plat approvalby the City Council, and all easements shall be reviewed byt the utility companies and by the City Engineer (for those to the City) prior to granting final approval for any residential subdivision affected by this Section. 3.12.4 LETTERS OF COMMITMENT The applicant shall, priort tot final plat approval, provide a Letter of Commitment from each utility provider stating that said utility providers will ensure the provision of necessary infrastructure and service to all portionsofthe proposed development prior to acceptance oft the subdivision by theCity. Failure tos submit such Letters of Commitment from utility providers shall constitute grounds for denial of the final plat application on the basis that there is no written assurance that the development can be served by essential utility services. E CITYOFF FARMERSVILLE SUBDIVISION ORDINANCE Section 3- Subdivision Design Standards 3.12.5 METERING Except for multi-family, condominium and mobile home park developments, the metering for utilities such as water, gas ande electricity shall be located on the individuallots to be served, notg groupedt together inc one orr more centralized locations, in accordance with the Texas Administrative Code, (16 TAC), Section 24.89(a)(4). 3.12.6 LOCATION OF UTILITIES Utilities along residential and collectors streets shall be located ina an alley or separate easements adjacent to the street rights- -of-way. Street crossings shall be installed contemporaneously with the construction of the street to avoid disruption or boring. 3.12.7 INSTALLATION BEFORE ACCEPTANCE All utilities shall be installed before the City accepts any subdivision. 3.13 EASEMENTS 3.13.1 MINIMUM WIDTHA AND LOCATION The minimum width for City easements shall be fifteen feet (15) or as otherwise required by the City Engineer. The minimum width for City drainage easements shall be as required! by the City Engineer. The width of easements for other utility providers, sucha as for gas, electric, telephone or cable television, shall be as required! byt that particular entity. Its shall be the applicant's responsibility to determine appropriate easement widths required by other utility companies (also see Section 3.12). Wherever possible, easements shall be centered on or along front or side lot lines rather than across the interior or rear of lots, particularly where no alleys will be provided behind the lots. 3.13.2 STORM WATER AND DRAINAGE EASEMENTS Where a subdivision is traversed by a watercourse, drainage way or channel, there shall be provided a storm water easement or drainage right-of-way conforming substantially with such course and of such additional width as may be designated by the City Engineer, subject to determination according to proper engineering considerations. The required width shall conform to the requirements set forth by the Federal Emergency Management Agency (FEMA), the U.S. Army Corps of Engineers, and/or the City. Single-loaded parallel streets or parkways may be required adjacent to certain portions of creek or drainage ways to provide maintenance access and/or public access tor recreation areas (see Section 4.1.3). Other utilities may be permitted within the drainage easement only if approved by the City Engineer and any other applicable entity requiring the drainage easement. 3.13.3 EASEMENT TO BE KEPT CLEAR No fences or other structures shall be located within a drainage easement. CITY OF FARMERSVILLE 66 SUBDIVISION OROINANCE Section 3 Subdivision Design! Standards 3.13.4 SUBDIVISIONS WITH NOALLEYS Where alleys are not provided in a residential subdivision, a minimum fifteen foot (15) wide utility easement shall be provided along the front of all lots, adjacent to and flush with the street right-of-way line for the potential placement of utility facilities. 3.13.5 PLATTING REQUIRED For new development, all necessary on-site easements shall be established on the subdivision plat and not by separate instrument, and they shall be labeled for the specific purpose, and to thes specific entity, for which they are being provided. Examples include, but are not limited to, the following: a water, sanitary sewer or drainage easement, which is dedicated to the City for a water or sanitary sewer line or for a drainage structure; an access easement, which is dedicated to the public for unrestricted access purposes; a fire lane easement, which is dedicated to the City and its fire suppression and emergency medical service providers for access purposes; or an electrical, gas or telephone easement, which is dedicated to the specific utility provider that requires the easement. D CITYOF FARME VI IL LE 67 SUBDIVISION ORDINANCE Section 5 Requirements for Completion, Acceptance and Maintenance of Improvements Section 4 PARKS, OPEN SPACE AND PUBLIC FACILITIES 4.1 AREAS FOR PARKS AND PUBLIC USE 4.1.1 PARKS AND PUBLIC OPEN SPACE The applicant shall give consideration to suitable sites for parks, playgrounds and other areas for public use so as to conform with the recommendations and requirements of the Comprehensive Plan. Any provision for parks and public open space areas shall be indicated on the preliminary and final plat, and shall be in accordance with the Zoning Ordinance, and subject to approval by City Council. 4.1.2 PARK LAND DEDICATION 1) Any person, firm, or corporation offering a preliminary or final plat for development of any area zoned and to be used for single-family, duplex, townhouse or multi-family residential purposes within the City shall include on such preliminary and final plat the dedication (to the City of Farmersville) of land for public park purposes. The location and size of public parks within the City shall be as approved by the City Council, That determination shall be based upon existing circumstances at thet time. 2) The dedicated land required hereby shall be suitable and dedicated for park and recreational purposes only. Such land shall be free of flood plain and major utility easements, and shall be suitable for appropriate recreational and leisure activities. Lands occupied byr major utility easements andt transmission lines shall not be accepted. Areas having environmentally sensitive ecosystems, attractive views, topographical interest or unique natural features shall be preferred and encouraged for park land dedication. 3) All subdivisions involving five (5) or more lots shall be subject to a dedication of five percent (5%) of the gross area of the subdivision to the public for use as parks, playgrounds, recreational areas, open spaces, or green areas. In cases where it appears that the property to be dedicated is not suitable for such purpose or purposes, the City Council may at its option, require the developer to deposit with the City of Farmersville an amount of money equivalent in value to five percent (5%) of the gross area, after any adjustment as described in the previous paragraph, of such proposed subdivision. In the event that the City Council elects to require the deposit of such.monetary sum, the amount shall be calculated on the basis of the then current tax roll fair market value of the areà includedi in such subdivision, immediately priort to the final platting and approval thereof by the City. In such cases, all monies derived from such sources shall be used by the City of Farmersville either for the acquisition of additional park sites, open spaces, or green areas in said City, or for capital improvements to existing parks, open spaces or E CITY OF FARMERSVILLE 68 SUBDIVISION ORDINANCE Section 5- Requirements for Completion, Acceptance and Maintenance of Improvements green areas, andr no portion thereof may be used for maintenance to existing parks or for any other purpose. 4.1.3 PUBLIC PARK ACCEss Park land shall be easily accessible to the public and open to public view so as to benefit area residents. A proposed subdivision adjacent to a public park or open space area shall not be designed to restrict reasonable access or visibility into the park and shall not have lots backing to the park land. Rather, the park land shall be placed along a single loaded street. Street connections between residential neighborhoods shall be provided, wherever possible, to provide reasonable access to parks and open space areas. Proposed access and public availability, both physical and visual, of parkland shall be reviewed and approved by the City's Park Board and by City Council. 4.2 PROTECTION OF DRAINAGE AND CREEK AREAS 4.2.1 NATURAL CONDITIONS All creeks and drainage areas shall be preserved and- protected in their natural condition wherever possible, unless significant storm drainage improvements are required by the City in these areas. All development: adjacent to creeks and drainage areas shall be in accordance witht the City's Design Manuals and Standard Construction Details, with applicable policiesi in the Comprehensive Plan, and with anyother City policies or ordinances related to aesthetics or public enjoyment of creeks and waterways. 4.2.2 DEFINITIONS AND METHODOLOGY FOR DETERMINING THE FLOODWAY MANAGEMENT AREA (FMA) The definitions for "floodway" and "floodway fringe" shall correspond to those set forth by the Federal Emergency Management Agency (FEMA). For purposes of the National Flood Insurance Program, the concept of a floodway is used as a tool to assist the local community in the aspect of flood plain management. Under this concept, the area oft the 100-yearf flood is divided into a floodway and floodway fringe. Thet floodway is the channel lofas stream plus any adjacent flood plain areas that must be kept free of encroachment in order that the 100-year flood may be carried without substantial increases in flood heights as defined by FEMA. The area between the floodway and boundary of the 100-year flood is termed the floodway fringe. The floodway fringeist the area which can be used for development by means of fill according to FEMA and City engineering criteria. For the purposes of this Ordinance, the Floodway Management Area (FMA) will correspond to the floodway fringe, as defined by FEMA (or as may be modified per a flood study approved by FEMA). 4.2.3 AREAS WHERE AN FMAIS REQUIRED Allo drainage areas or regulated floodways andi floodway fringe areas as referenced on the applicable flood boundary map (the Flood Insurance Rate Map, or FIRM) shall be included in the FMA. If FEMA does not specify a floodway fringe zone in any of the creeks or their tributaries, it shall be the developer's responsibility to establish and identify the FMA based upon fully developed conditions and the 100-year ER CIY OF FARMERSVILLE 69 SUBDIVISION ORDINANCE Section 5- Requirements for Completion, Acceptance and Maintenance of Improvements flood. The determination shall be made by a licensed professional engineer and approved by the City Engineer. Where improvements to a drainage area are required by other ordinances oft the City for the purpose ofsafety or other reasons related to drainage, those ordinances shall also be observed. The FMA isi intended to apply to a creek or channel which is to remain open or ini its natural condition. The creek shall remain in its natural state unless improvements are permitted or required by the City due to the pending development of properties adjacent to or upstream of the required improvements. 4.2.4 OWNERSHIP AND MAINTENANCE OF THE FMA The area determined to be the FMA shall be designated on the preliminary and final plat. Approximate locations shall be shown on zoning change requests and concept plans accurate locations of the FMA shall be established on the preliminary and final plat and prior to site construction. At the City's option, the FMA shall be protected! by one of thei following methods: 1) Dedicated to the City of Farmersville for flood management purposes (flood areas shall not be dedicated for parks or recreation purposes); or 2) Easement(s). Creeks or drainageways on tracts which have private maintenance provisions, other than single- or two-family platted lots, can be designated as the FMAs by an easement to the City on the preliminary and final plat (with the appropriate plat language, as required by the City). Subdivisions with platted single-family or two-family lots may designate the FMA by easement provided there are adequate maintenance provisions througha mandatory homeowner's association, but nol lots or portions of lots may be platted in the FMA easement unless specifically allowed by the City. The area designated as FMA may be identified by yai tract number; or 3) Designation of the FMA for certain recreational uses normally associated with or adjacent tot flood prone areas (no structures allowed in the FMA), such as golf courses or certain types of parks. The uses allowed shall be in conformance with the Zoning Ordinance and approved by the Planning and Zoning Commission and City Council. Use of the FMA as public parkland shall also require approval byt the City'sPark Board. Prior to acceptance of any drainageway as an FMA by the City, the area shall be cleared of all debris and placed in a maintainable state. Floodway management areas dedicated to the City shall be left in a natural state except those areas designated for recreational purposes and unless storm drainage requirements do not permit this to occur. 4.2.5 DESIGN CRITERIA Thet following design criteria shall be required for development adjacent tot the FMA: 1) Adequate access shall be provided to and along the FMA for public and/or private maintenance. An unobstructed area a minimum of twenty feet (20') wide with a maximum 5:1 slope (five feet horizontal to one foot vertical), the length of the floodway shall be provided adjacent to or within the FMA on one side. On the opposites side of the - CITYOF FARMERSVILLE SUBDIVISION ORDINANCE 70 Section 5- Requirements for Completion, Acceptance and Maintenance of Improvements drainage area, an unobstructed area having a minimum width of five feet (5'): shall be provided. 2) Lots in a single-family, PD single-family, or duplex residential zoning district shall not be platted within the FMA, and no more than fifty percent (50%) oft the linear length of the FMA (on each side) shall be allowed to have lots backing or siding onto it. Iflots back or side onto an FMA, at least two (2)pointsofa accesst tot the FMA, eachar minimum oftwenty feet (20') in width, shall be provided. Streets, alleys and open-ended cul-de-s sacs may qualify as access points if designed such that they arer navigable by maintenance vehicles (e.g., alleys must be at least twenty-foot (20) wide). AllI areas of the FMA shall be accessible from the access points and shall be visible from such access points. Lots used for multi-family dwellings may be platted in the FMA if the FMA is identified as an easement and is maintained as open space for use by the residents, and provided that access tot the FMAI isp possible by City maintenance vehicles, should that need arise. Ifthe FMA is to be public parkland, then adequate public access shall also be provided to the FMA. 3) Public streets may be approved in the FMA by the Planning and Zoning Commission and City Council (ift they conform to applicable engineering standards). 4) Public streets may be required to be constructed adjacent tos some (or all) portions of the FMA to allow access for maintenance or recreational opportunities, and/or to allow increased visibility into creek areas for public safety and security purposes. 5) Alternate designs to facilitate equal or better access may be permitted ifa approved by the Planning and Zoning Commission and City Council. 6) Drainage areas that have been altered and are not inar natural condition can bee exempted from an FMA and this Section at the discretion of the City Council and upon recommendation by the Planning and Zoning Commission. 4.3 PROPERTY OWNERS OR HOMEOWNERS ASSOCIATIONS 4.3.1 APPLICABILITY Ani incorporated nonprofit property owners or homeowners: association (hereafter referred to collectively as Homeowners Association or Association) must be created when a subdivision contains either common open space or other improvements which are not intended to be dedicated to the City of Farmersville for public use, such as private streets, a private recreation facility, landscaped entry features, floodplains and drainage easements or other private amenities. The Homeowners Association shall also be responsible for the maintenance of all landscaping, buffering, screening, irrigation and associated improvements adjacent to residential subdivisions along public thoroughfares. The Cityi is not responsible for enforcing deed restrictions or protective covenants. CIYO OF FARMERSVILLE SUBDIVISION ORDINANCE Section! 5- Requirements for Completion, Acceptance and Maintenance of Improvements 4.3.2 REQUIRED PLANS AND DOCUMENTS The City mayr require the following: 1) Plans and illustrations of the proposed amenities and/or common areas; 2) Cost estimates of construction, maintenance and operating expenses; 3) Association documents, deed restrictions, contracts and agreements pertaining to the amenities and/or common areas; and 4) Provision of surety as required for maintenance and other expenses related to the amenities and/or common areas. 4.3.3 APPROVAL REQUIRED All amenities to be placed on land dediçated to the City, or involving the potential use of public funds for maintenance and operation shall require City Council approval prior to approval lof the final plat. The City Council may deny any such amenity at its sole discretion. 4.3.4 COMPLETION All amenities and/or common areas must be completed and inj place prior to the City Engineer accepting the public improvements and prior to the final release of a Certificate of Occupancy and occupying of residential structures. 4.3.5 ESTABLISHMENT Documents establishing the property owners' association shall be submitted to the city for review by the City Attorney for conformance with this and other applicable ordinances prior to the approval ofa final plat. The documents shall specify: 1) That the membership in the association is mandatory for all owners of property within thes subdivision; 2) Alla association responsibilities and property interests; 3) By-laws related to the governance of the association; 4) Covenants for maintenance assessments which run with the land; 5) Responsibility for liability insurance and local taxes; 6) Authority for the association to secure funds from its members sufficient to meet its responsibilities. This authority shall include the ability to collect dues, to increase dues, charge special assessments and place liens against property for failing to pay dues and assessments; 7) A requirement that the association shall provide and maintain contact information with the City Secretary's office; 8) The right of immediate access to common areas at all times for any governmental authority or agency, including but not limited to the City andi the county, their agents and employees if necessary for the preservation of public health, safety and welfare; - CITYOFF FARMERSVILLE SUBDIVISION ORDINANC 72 Section 5- - Requirements for Completion, Acceptance and Maintenance of Improvements 9) Aprohibitionc on amendments pertaining to the maintenance of private streets and alleys, amenities and/or common areas and related assessments without the written consent of the City Council; 10) A requirement that prohibits dissolution of the association without the prior written consent oft the City Council; and 11) Other city requirements as applicable. 4.3.6 MAINTENANCE RESERVE FUND Prior to the transfer of the association to the lot owners, the developer must provide a reserve fund equivalent to one (1) years dues based on full association membership. 4.3.7 PROPERTY ASSOCIATION ACTIVATION Concurrent with thet transfer of the association the developer must transfer tot the association control over all utilities related to the property and amenities and/or storm water controls to be owned by the: association. The developer must also disclose to the association the total cost to date related to the operation and maintenance of common property and amenities. a CITY OF FARMERSVILLE 73 SUBDIVISION ORDINANCE Section 5- Requirements for Completion, Acceptance and Maintenance of Improvements Section 5 REQUIREMENTS FOR COMPLETION, ACCEPTANCE AND MAINTENANCE OF IMPROVEMENTS 5.1 IMPROVEMENTS IN GENERAL 5.1.1 GENERAL REQUIREMENTS The requirements of the Subdivision Ordinance as set forth below are designed and intended to ensure that, for all subdivisions ofland within the scope oft the Subdivision Ordinance, alli improvements required herein are installed properly and: 1) The City can provide for the orderly and economical extension of public facilities and services; 2) All purchasers of property within the subdivision shall have a usable, buildable parcel of land; and 3) Allr requiredi improvements are constructed in accordancey with City standards. 5.1.2 COMPLIANCE WITH ADEQUATE PUBLIC FACILITIES POLICY No subdivision shall be approved unless and until adequate public facilities exist or provision has been made for water facilities, wastewater facilities, drainage facilities, electricity and street facilities which are necessary tos serve the development proposed, whether or not such facilities are to be located within the property being platted or off-site, as required by the Adequate Public Facilities policy in Section 3.1. Wherever the subject property abuts adjoining undeveloped land, or wherever required by the City to serve the public good, utilities shall bee extended to adjacent property lines to allow connection of these utilities by adjacent property owners when such adjacent propertyis platted and/or developed. 5.1.3 REQUIRED PUBLICI IMPROVEMENTS Public improvements that are required by the City of Farmersville for the acceptance of the subdivision byt the City shall include, but are not limited to, the following: 1) Water and wastewater facilities; 2) Storm water drainage, collection and conveyance facilities; 3) Water quality, erosion and sedimentation controls; 4) Streets; 5) Street lights; 6) Street signs; 7) Alleys; 8) Sidewalks; 9) Screening and/or retaining walls; 10) Traffic control devices required as part of the project; 11) Gas, Electric, Cable, Phone utilities installed; and - CITYOF FARMERSVILLE 14 SUBDIVISION ORDINANCE Section 5 - Requirements for Completion, Acceptance and Maintenance of Improvements 12) Alla appurtenances necessary to the above, and any other public facilities required as part of the proposed: subdivision. 13) All applicable fees, including but not limited to water and sewer impact fees, roadway impact fees, park fees, pro rata payments, escrow funds for infrastructure, security and maintenance bonds. 5.1.4 COMPLIANCE WITH STANDARDS, CODES AND ORDINANCES All aspects of the design and implementation of public improvements shall comply with the City's then current design standards and any other applicable City codes and ordinances, including preparation and submittal of engineering plans and construction inspection. The construction of all of the improvements required in this Ordinance shall conform to the latest edition of the City's Design Manuals and Standard Construction Details, as may bea amended, andt to any other appliçable City standards. 5.1.5 CHANGES OR AMENDMENTS TO THE DESIGN MANUALSAND STANDARD CONSTRUCTION DETAILSAND OTHER CONSTRUCTION OR DESIGN DOCUMENTS The Design Manuals and Standard Construction Details will, from time to time, require revisions and updates to allow for changing construction technology. When changes are required, the Design Manuals and Standard Construction Details may be amended by separate ordinance. It is the applicant's responsibility tol be aware of, and to conform with, all Design Manuals and Standard Construction Details requirements (including amendments) that are in place as of the time a complete development application for a preliminary plat (including required engihering/construction plans) is received by the City. 5.2 WATER AND WASTEWATER REQUIREMENTS 5.2.1 GENERAL REQUIREMENTS No final plat shall be approved for any subdivision within the City or its extraterritorial jurisdiction until the applicant has made adequate provision for a water system and a sanitary sewer system of sufficient capacity to adequately provide service to all tracts and lots within the area to be subdivided. The design and construction of the water system and of the sanitary sewer system to serve the subdivision shall be in conformance with the City'smaster plans for water and wastewater facilities and with the City's Design Manuals and Standard Construction Details, and shall be approved by the City Engineer (see also Section 3.8). 5.2.2 SIZE AND LOCATION Awater system with mains of sufficient size and having a sufficient number of outlets tof furnish adequate and safe domestic water supply and to furnish fire protection to all lots shall be provided. Water lines shall extend to the property line to allow future connections into adjacent undeveloped property, and a box forthe water meter(s) for each lot shall bei installed either int ther right-of-way orimmediately: adjacent to the right-of-way in an easement. Services for utilities shall be made available to the property line of E CITY OF FARMERSVILLE SUBDIVISION ORDINANCE 75 Section 5 Requirements for Completion, Acceptance and Maintenance of Improvements each lot in such a manner as will minimize the necessity for disturbing the street pavement and drainage structures when connections: are made. 5.2.3 FIRE PROTECTION Fire protection shall be provided in accordance with Section 3.8 of this Ordinance, the City's Design Manuals and! Standard Construction Details Manual, and any other City policy or ordinance pertaining to fire protection or suppression. The Fire Chief shall have the authority to approve the locations and placement of all fire hydrants and fire lanes and he or she may, ath his or her discretion, modify fire hydrant spacing or fire lane placement based upon special design or distance circumstances. 5.3 STORM DRAINAGE AND WATER QUALITY CONTROLS 5.3.1 ADEQUACY OF SYSTEM An adequate storm sewer system consisting of inlets, pipes and other underground structures with approved outlets shall be constructed where runoff ofs storm water and the prevention of erosion cannot be accomplished satisfactorily by. surface drainage facilities. Areas subject to flood conditions or inadvertent storm water retention, such as standing or pooling water, as determined by the City Engineer, will not be considered for development until adequate drainage has been provided. 5.3.2 DESIGN CRITERIA The criteria for use inc designing storm sewers, culverts, bridges, drainage channels, and drainage facilities shall conform to Section 3.9 of this Ordinance. In no case shall drainage areas be diverted artificially to adjacent properties or across roadways. Storm water drainage from one lot onto another shall not be allowed unless such does not pose any harm or inconvenience to the downstream property owner(s), unless specifically approved by the City Engineer, and unless the necessary off-site drainage easement is procured on and across the affected propertyls). 5.3.3 DEVELOPER's MAINTENANCE RESPONSIBILITIES The developer shall ensure that all drainage improvements within public easements or rights-of-way are functioning properly priort to the expiration of the maintenance bond. The developer shall be responsible for removing any significant build-up of sediment or debris from drainage improvements, with the exception of backyard and side yard drainage swales, at the eleventh month of the second year for the required two-year maintenance bond for the applicable facilities. The City shall inspect the improvements to determine any maintenance or correction of deficiencies at the conclusion of this period. 5.4 WITHHOLDING CITY SERVICES AND IMPROVEMENTS UNTIL ACCEPTANCE 5.4.1 DEDICATION AND ACCEPTANCE REQUIRED The City hereby defines its policy to be that the City will withhold all City services and improvements of whatsoever nature, including the maintenance of streets andt the furnishing of all other City services from E CITYOF FARMERSVILLE 76 SUBDIVISION ORDINANCE Section 5 Requirements for Completion, Acceptance andi Maintenance of Improvements any subdivision or property until all oft the street, utility, storm drainage and other public improvements, asv well as loti improvements: such as retainingv walls and gradinga and installation ofi improvements required for proper lot drainage and prevention of soil erosion on the individual residential lots, are properly constructed according to the approved engineering plans and to City standards, and until such public improvements: are dedicated to and accepted by the City. 5.5 GUARANTEE OF PUBLIC IMPROVEMENTS 5.5.1 PROPERTYOWNERSI GUARANTEE Before accepting for filing the final plat of a subdivision located entirely or partially within the City's corporate limitsori itse extraterritorial jurisdiction, the City Councilr must be satisfied that allr requiredp public improvements have been (or willl be) constructed in accordance with the approved engineering plans and with the requirements of this Ordinance as well as the City's Thoroughfare Plan, master plans for water and wastewater facilities, Design Manuals and Standard Construction Details and other applicable development ordinances. 5.5.2 FACILITIES AGREEMENT AND GUARANTEE Adeveloper shall be required to enter into an agreement with the City which shall govern his subdivision ifthere are pro rata payments, city participation in cost, escrow deposits or other future considerations, other nonstandard development regulations orif all publici improvements required to be dedicated to the City will be not completed prior to acceptance of the final plat for filing, or filing the record plat, minor plat, or final plat in the county records. This agreement shall be based upon the requirements of this chapter; and shall provide the City with specific authority to complete the improvements required in the agreement in the event of default by the developer, and to recover thet full legal costs ofs such measures. The City may subordinate its facilities agreement to the prime lender if provided for in said agreement. The facilities agreement shall be a legally binding agreement between the City and the developer specifying the individual and joint responsibilities of both the City and the developer. Unusual circumstances relating to the subdivision shall be considered in the facilities agreement such that the purpose of this chapter is best served for each particular subdivision. The developer shall includei in such an agreement a hold harmless and indemnity clause agreeing to hold the City harmless against any claim arising out of the developer's subdivision of the property or any actions taken therein. In the event of a disagreement between the developer and the City Manager or the City Engineer conçerning stipulations ofthe facilities agreement, the City Council shallr review said stipulations andr make recommendation for resolving the disagreement. The developer shall have a continuing responsibility under this facilities agreement after the filing of the record plat, minor plat, or final plat until all facilities and improvements required under this facilities agreement have been completed. It is the Council's intent that the facilities agreement shall place the City in the same position that it would occupy had the required adequate public facilities been designed, constructed and accepted by the City prior to recording the plat for the: subdivision in question. When the construction of required improvements has proceeded to the point that certain parts of the E CITYOF FARMERSVILLE 77 SUBDIVISION ORDINANCE Section 5 - Requirements for Completion, Acceptance and Maintenance of Improvements subdivision are adequately served, the City Engineer may release specified portions of the subdivision for use prior to the completion of all improvements, unless the release of such improvements will jeopardize or hinder the continued construction of required improvements. Any facilities agreement shall remaini in force for all portions of the subdivision for which a release has not been executed. The CityCouncilmays determine the duration of the facilities agreement. The City Council may also require the property owner to complete or dedicate some of the required public improvements prior to acceptance of the final plat, and to enter into a facilities agreement for completion oft the remainder of the required improvements. The facilities agreement shall also contain such other terms and conditions as are agreed to byt the property owner and the City. 5.5.3 IMPROVEMENT AGREEMENT REQUIRED FOR OVERSIZE REIMBURSEMENT The City: shall require a facilities agreement pertaining to any public improvement for which the developer shall request reimbursement from the City for oversize costs. The City Council, as it deems appropriate, has the authority to authorize the approval of such agreement as meeting the requirements oft the City, and the City shall not withhold approval asar means of avoiding compensation due under thet terms oft this Ordinance. 5.5.4 SECURITY Whenever the City permits an applicant to enter into a facilities agreement, it shall require the applicant to provide sufficient security, covering the completion of the publici improvements. The security shall be in the form of cash escrow or, where authorized by the City, a performance bond or an irrevocable letter of credit or other security acceptable to the City Manager and the City Attorney, as security for the promises containedi int the improvement agreement. Security shallb be in an amount equalt to one hundred twenty percent (120%) oft the estimated cost of completion of the required public improvements and lot improvements. The issuer of any surety bond and irrevocable letter of credit shall be subject to the approval oft the City Manager and the City Attorney. 5.5.5 PERFORMANCE BOND If the City Council authorizes the appliçant to post a performance bond as security for its promises contained in the improvement agreement, the performance bond shall comply with the following requirements: 1) All performance bonds must bei in the forms acceptable tot the City Manager and the City Attorney; 2) All performance bonds must be executed by such sureties as are named int the current list of' "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies", as published in Circular 570, as may be amended, byt the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury; 3) All performance bonds must be signed by an agent, and must be accompanied by a certified copy of the authority for him or her to act; CITYOF FARMERSVILLE 78 SUBDIVISION ORDINANCE Section! 5 - Requirements for Completion, Acceptance and Maintenance of Improvements 4) All performance bonds shall be obtained from surety or insurance companies that are duly licensed or authorized in the State ofTexas to issue performance bonds for thel limits and coverage required. Ift the surety on any performance bond furnished byt the applicant is declared bankrupt, or becomes insolvent, or its right to do business in terminated in the State of Texas, or the surety ceases to meet the requirements listed in Circular 570, the developer shall, within twenty (20) calendar days thereafter, substitute another performance bond and surety, both of which must the foregoing requirements and be acceptable to the City. 5.5.6 IRREVOCABLEI LETTER OF CREDIT Ift the City Council authorizes thea applicant to post a letter of credit as security for its promises contained in thei improvement agreement, the letter of credit shall: 1) Bei irrevocable; 2) Bef for a term sufficient to cover the completion, maintenance and warranty periods, but ini no event less than two (2)s successive one year terms; 3) Require only that the City present thei issuer with a sight draft and a certificate signed by an authorized representative of the City certifying to the City's right to draw funds under the letter of credit; and 4) Bei issued bya financial institution that allows presentment in person by the City within the physical area covered by the North Centrall Texas Council of Governments. 5.5.7 PARTIAL REDUCTION IN SECURITY As portions of the public improvements are completed in accordance with the Design Manuals and Standard Construction Details and the approved engineering plans, the applicant may make written application to the City Manager to reduce the amount of the original security. If the City Manager is satisfied that such portion of the improvements has been completed in accordance with City standards, he or she may, but is not required to, cause the amount of the security to be reduced by such amount that he or she deems appropriate, so that the remaining amount of the security adequately insures the completion of the remaining publici improvements. 5.5.8 GUARANTEE The developer shall guarantee all public improvements free of defects for a two (2) year period from the date of acceptance of saidi improvements by the City. Upon acceptance by the City of all required public improvements, the City shall reimburse 100% oft the securityi ifthe applicanti isr noti in! breacho of the facilities agreement. CITYOF FARMERSVILLE 79 SUBDIVISION ORDINANCE Section 5 Requirements for Completion, Acceptance and Maintenance of Improvements 5.6 TEMPORARY IMPROVEMENTS The applicant shall build and pay for all costs of temporary improvements required by the City, and shall maintain those temporary improvements for the period specified byt the City. Prior to construction of any temporary facility or improvement, the applicant shall file with the City a separate facilities agreement and escrow or, where authorized, an irrevocable letter of credit, in an appropriate amount for temporary facilities, which agreement and escrow or letter of credit shall ensure thatt the temporary facilities willl be properly constructed, maintained and timely removed. 5.7 FAILURE TO COMPLETE IMPROVEMENTS For plats for which no facilities agreement has been executed and no security has been posted, if the public improvements are not completed within the period specified by the City, the plat approvals shall be deemed to have expired. In those cases where at facilities agreement has been executed and security has been posted, and the required public improvements have not been installed within the terms of the agreement, the City may: 1) Declare the agreement to bei in default and require that all the public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default; 2) Suspend final plat approval until the public improvements are completed, andi may record a document to that effect for the purpose of public notice; 3) Obtain funds under the security and complete the public improvements itself or through a third party; 4) Assign its right to receive funds under the security to any third party, including a subsequent owner of the subdivision for which public improvements were not constructed, in whole or in part, in exchange for that subsequent owner's promise to complete the public improvements on the property as reflected in a facilities agreement with the subsequent owner; or 5) Exercise any other rights or remedies available under thel law. 5.8 ACCEPTANCE OF DEDICATION OFFERS Acceptance of formal offers for the dedication of streets, public areas, easements or parks shall be by authorization oft the City Manager. The approvalby the City Councilofa preliminaryo or final plat shall not, in and of itself, be deemed to constitute or imply the acceptance by the City of any street, public area, easement or park shown on the plat. The City may require the plat to bee endorsed with appropriate notes tot this effect. E CITY OF FARMERSVILLE 80 SUBD IVISION ORDI NANCE Section! 5- = Requirements for Completion, Acceptance and Maintenance of Improvements 5.9 MAINTENANCE. AND GUARANTEE OF PUBLIC IMPROVEMENTS 5.9.1 Two (2) YEAR MAINTENANCE PERIOD The property owner shall maintaina all requiredp publici improvements fora periodoftwo (2)y )yearsfollowing acceptance of the subdivision by the City, ands shall also provide two-year maintenance bond (warranty) that all public improvements will be free from defects for a period of two (2) years following such acceptance by the City. 5.10 CONSTRUCTION PROCEDURES 5.10.1 SITE DEVELOPMENT PERMIT Asite development permit is required from the City prior tol beginning any site development-relatedwo*k in the City or its extraterritorial jurisdiction which affects erosion control, storm drainage, vegetation or tree removal, or a flood plain. 5.10.2 PRECONSTRUCTION CONFERENCE The City shall require that all contractors participating in the construction meet for a preconstruction conference to discuss the project prior to release of a grading permit and before any filling, excavation, clearing or removal of vegetation and trees that are larger than six (6) caliper inches in diameter. All contractors shall be familiar with and shall conform to applicable provisions of the City's landscape ordinance (Farmersville Zoning Ordinance). 5.10.3 CONDITIONS PRIOR TO AUTHORIZATION Prior to authorizing release of a site development permit, the City Engineer shall be satisfied that the following conditions have been met: 1) The preliminary plat has been approved by the City Council (and any conditions of such approval have been satisfied); 2) All required engineering documents are completed and approved by the City Engineer; 3) All necessary off-site easements and dedications required for City-maintained facilities and not shown on the plat must be conveyed solely to the City, such as by filing of a separate instrument, with the proper signatures affixed. The original of the documents and the appropriate fees for filing the documents meeting Collin or Hunt County requirements, andt the City's submission guidelines, as mayl be amendedf from time to time shall be returned to the City prior to approval and release of the engineering plans by the City Engineer; 4) Allo contractors participating in the construction shall be presented with a set of approved plans bearingt thes stamp ofr release ofthe City Engineer, and at least one set of these plans shall remain on the job site at all times; - CITYOF FARMERSVILLE 81 UBDIVISION ORDINANCE Section 51 - Requirements for Completion, Acceptance and Maintenance of Improvements 5) A complete list of the contractors, their representatives on the site, and telephone numbers where a responsible partyr may be reached at allt times must be submitted to the City; and 6) Alla applicable fees must be paid to the City. 5.10.4 NON-POINT SOURCE POLLUTION CONTROLSAND TREE PROTECTION All non-point source pollution controls, erosion controls, and tree protection measures and devices shall be in place, to the City Engineers satisfaction, prior to commencement of construction on any property. 5.11 INSPECTION AND ACCEPTANCE OF PUBLIC IMPROVEMENTS 5.11.1 GENERAL PROCEDURE Constructioni inspection shall be supervised by the City Engineer. Construction shall be in accordance with the approved engineering plans and the Design Manuals and Standard Construction Details oft the City of Farmersville (and all other applicable codes and ordinances). Any change in design that is required during construction should be made by the licensed professional engineer whose seal and signature are shown on the plans. Another engineer may make revisions to the original engineering plans if so authorized by the owner of the plans, andi ifthose revisions are noted ont the plans or documents and signed and sealed by the subsequent engineer(s). All revisions shall be approved by the City Engineer. Ift the City Engineer finds, upon inspection, that any of the required public improvements have not been constructed in accordance with the City's standards and Design Manuals and Standard Construction Details, then the property owner shall be responsible for completing and correcting the deficiencies such that they are brought into conformance with the then applicable standards. 5.11.2 LETTERO OF SATISFACTORY COMPLETION The City will not deem required public improvements satisfactorily completed until the applicant's engineer and surveyor have certified to the City Engineer, through submission of detailed sealed "as- built", or record, drawings of the property which indicate all public improvements and their locations, dimensions, materials and other information required by the City Engineer, and until all required public improvements have been completed. The "as-builts" shall also include a complete set of sealed record drawings of the paving, drainage, water, sanitary sewer ando other public improvements, showing that the layout of the lines and grades ofa all public improvements are in accordance with the engineering plans for the plat, and showing all changes made in the plans during construction, and containing on each sheet an "as-built" stamp bearing the signature and seal of the licensed professional engineer and the date. One reproducible drawing oft the utility plan sheets containing the as-built information: shall also be submitted. The engineer or surveyor shall also furnish the City with a copy of the approved final plat and the engineering plans sinadigitalf format that is compatible with the City Engineer's CADD system. When such requirements have been met to the City Engineers satisfaction, the City Manager shall thereafter make a recommendation to the City Council for consideration of satisfactory completion of the public improvements. Once the City Council votes itsa approvalofs satisfactory completion, the City Engineer shall issue the Letter ofSatisfactory Completion. E a CITY OF FARMERSVILLE B2 SUBDIV IVISION ORDINANCE Section 5. - Requirements for Completion, Acceptance and Maintenance of improvements Acceptance of the development shall mean that the developer has transferred all rights to all the public improvements to the City for use and maintenance." The City Council may, at its option, accept dedication of a portion of the required public improvements if the remaining public improvements are not immediately required for health ands safety reasons, andi ifthe property owner has posted a performance bond, irrevocable letter of credit or cash bond in the amount of one hundred twenty percent (120%) of the estimated cost of those remaining improvements for a length of time to be determined by the City Council. If the value of the remaining public improvements is greater than ten thousand dollars ($10,000.00) and are not completed within the determined length of time, the City will impose a penalty that equals ten percent (10%) of the performance bond, letter of credit, or cash bond. The obligation to complete the improvements remains with the developer, and alli future building permits or certificates of occupancy will be withheld until the improvements are complete. Ifthe remaining public improvements are less than ten thousand dollars ($10,000.00) in value, the developer shall pay the actual dollar amount. The length of time may bee extended due to inclement weather or unforeseen delays byr mutual agreement between the developer andt the City. Upon acceptance of the required public improvements, the City Engineer shall submit ta certifiçate to the developer stating that all required public improvements have been satisfactorily completed. 5.12 DEFERRAL OF REQUIRED IMPROVEMENTS 5.12.1 APPROVAL REQUIRED The City Council may, upon petition of the property owner and favorable recommendation of the City Engineer, defer at the time of plat approval, subject to appropriate conditions, the provision of any or all public improvements as, ini its judgment, are not required in the immediate interests oft the public health, safety and general welfare. 5.12.2 FACILITIES AGREEMENT Whenever aj petition to defer the construction of any publici improvements required under this Ordinance isgranted! by the City Council, the property owner shall execute facilities agreement in accordance with the preceding provisions ini this chapter regarding facilities agreements. 5.13 ISSUANCE OF BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY 5.13.1 GENERAL REQUIREMENTS No building permit shall bei issued for a lot, building site, building or use ofa a lot or building unless the lot or building site has been officially recorded by a final plat approved by the City Council, and unless all publici improvements, as required by this Ordinance for final plat approval have been completed. F CITYOFF FARMERSVILLE 83 UBDIVISION ORDINANCE Section 6- Participation and Escrow Section 6 PARTICIPATION AND ESCROW 6.1 PARTICIPATION POLICIES 6.1.1 Ciy's SHARE OF IMPROVEMENT COsTS The city shall participate int the costs of publici improvements which are not for the primary! benefit of the development and which have been oversized to serve other developments only to the extent and according to the standards and requirements of the Design Manuals and Construction Standards and of the requirement of the Texas Local Government Code. All city participation is subject to a Development Agreement entered into between the City and the owner. 6.1.2 OWNER's RESPONSIBILITY The property owner shall be responsible for the entire costs of designing and installing all public improvements which primarily serve the subdivision or addition. Facilities required by these regulations shall be considered as primarily serving the subdivision or addition unless otherwise determined by the city. 6.1.3 OVERSIZED OR OFFSITE IMPROVEMENT The property owner shall also be responsible for its share of the costs of oversized or offsite public improvements needed to assure adequacy of public facilities and services for the addition or subdivision, subject to participation and escrow policies contained in this article. The property owner shall be responsible for extending streets, water, sewer or drainage facilities offsite to his property as required by the Commission and/or required to ensure adequacy of public facilities. 6.1.4 PRO RATA Should the: subdivision or addition abut ane existing water or sanitary sewer linei installedb by someone other than the city, the owner shall pay to the city a "Developers Liability" charge to be refunded to the original installer of the line, as prescribed by the Pro Rata ordinance of the city. 6.1.5 LIFT STATIONS Should a lift station, either temporary or permanent, be necessary to provide a: sanitary sewer service to the subdivision or addition, the property owner shall construct the station and all appurtenances, at his owne expense. Ifand when the lift stationi isr no longer needed, the installation will, unlessother, provisions are made, remain the property of the City of Farmersville for reuse or disposal. A "Developers Liability" charge for such lift stations and appurtenances may be established as prescribedi int the ProRata Ordinance oft the city. 6.1.6 LIMITATIONSAND ExCEPTIONS The city shall not participate ini the following costs: E CIYOFF FARMERSVILLE 84 SUBDIVISION ORDINANCE Section 6- Participation and Escrow 1) Those portions of the costs of any public improvements not expressly authorized by the Design Manuals and Construction Standards. 2) Costs of clearing and grubbing for streets and thoroughfares. 3) Costs of constructing streets build wider than called for in the Thoroughfare Plan, 4) Costs of lights, decorative finishes or other similar expenses, unless required by the City Engineer. 5) Costs of pipe or box culverts, headwalls (regardless of size), or the costs of retention/detention ponds or slope protection. 6) Costs of detours, pavement transitions and cross-overs. 7) Costs of relocating or adjusting private utility company facilities. 8) Costs of underground box culverts not require by the City. 6.2 ESCROW POLICIES AND PROCEDURES. 6.2.1 REQUESTFOR! ESCROW Whenever this Ordinance requires a property owner to construct a street or thoroughfare, or other type of public improvement, the property owner may, ift there exists unusual circumstances, such as a timing issue due to pending roadway improvements by another agency such as TxDOT or Collin or Hunt County, that would present undue hardships or that would impede public infrastructure coordination or timing, petition the City to construct the street or thoroughfare, usually at a later date, in exchange for deposit of escrow as established in this Section. Ifmore than one street or thoroughfare must be constructed to meet adequacy requirements for roadways, as demonstrated byatraffici cimpact analysis, the City Engineer may prioritize roadways for which escrow is to be accepted and require the deposit of all funds attributable to the development in escrow accounts for one or more of such affected roadways. The City Council shall review the particular circumstances involved (a traffic impact analysis may be required to facilitate the City Councils deliberations ont the matter), ands shall determine, ati its sole discretion, whether or notp provision of escrow deposits will be acceptable in lieu of the property owner's construction oft the street or thoroughfare with his or her development. 6.2.2 ESCROW DEPOSIT WITH THE CITy Whenever the City shall agree to accept escrow deposits in lieu of construction by the owner of the property under this Ordinance, the property owner or developer shall deposit in escrow with the City an amount equal to one hundred twenty percent (120%6) of the costs of design, construction, permits, reviews and approvals, inspections, insurance, payment and performance bonds, maintenance bonds, and any additional land acquisition costs, Such amount shall be paid prior to release of the engineering plans byt the City Engineer. The property owner and the property owner's transferees, successors and assigns shall be jointly and severally liable or responsible to the City for any and all costs related to the design and construction of the required roadway or public improvement that exceed the amount escrowed. E 333 CITYOF FARMERSVILLE 85 SUBDIVISION ORDINANCE Section 6- Participation and Escrow 6.2.3 DETERMINATION OF ESCROW AMOUNT The amount of the escrow shall be determined by using the maximum comparable turnkey bid price of construction of the improvements (including design, permits, reviews and approvals, inspections and any additional land acquisition that may ber needed). Such determination of the escrow amount shall be made as of the time the escrow is due hereunder. 6.2.4 TERMINATION OF ESCROW Escrows which have been placed with the City under this Section or in accordance with previously approved street improvement policies, and which have been held for a period of twenty (20) years from the date of such payment or agreement, in the event that the City has not authorized the preparation of plans and specifications for construction of such roadway facilities for which the escrow was made, shall, upon written request, be returned to the current property owner, with any accrued interest. Such return does not remove any obligations of the property owner for construction of the required facilities ifa building permit has not been issued ont the subject lot ori ifa new application for a building permit is filed. 6.2.5 REFUND Ifanys street or highway for which escrow is deposited is constructed by a party other than the City, or is reconstructed by another governmental authority at no cost tot the City, thee escrowed funds and accrued interest shall be refunded to the current property owner or applicant who originally paid the escrow amount after completion and acceptance of the publici improvements. In the event that a portion of the cost is borne by the City and the other portion of the cost by another party or governmental authority, the difference between the propertyowner's: actual proportionate cost and thee escrowed funds, including accruedi interest, if fany, shall be refunded after completion and acceptance of the improvements. 6.2.6 INTEREST LIMITATION Ifmoneyi is refunded within six (6) months of deposit, only the principal willl be refunded. Monies returned after this date willl be refunded with interest accrued, calculated at one percent (1%) less than the rate of actual earnings. Existing funds, coliected for previous subdivision development such as Perimeter Street funds, shali be refunded as stated in Subsection 6.2.4 above, principle and earned interest. 6.2.7 AGREEMENT REQUIREMENTS An agreement and escrow of funds pursuant to this Section shall meet all oft the requirements regarding at facilities agreement as set forth in Section 5.12.2. E CITYOFI FARMERSVILLE 86 SUBDIVISION ORDIMANCE Agenda Section Regular Agenda Section Number VII.I. Subject Farmersville Feed and Grain update To Mayor and Council Members From Ben White, City Manager Date March 17, 2025 Attachment(s) Document Related Link(s) Consideration and Discussion Action Motion/secondivote D Approve D Approve with Updates D Disapprove Motion/secondivote to continue to a later date. D Approve D Disapprove Move item to another agenda. No motion, no action ENGIH 166. 5813953 DESCRIPTION OF EAVEO OF EN HII ee EENC that of in City of Texas, out of the - FPNASS N 894638'E 223.15' tract - PMSE of the tract 3, of 5 40 Cone. h CME 1880 Bidng e SV 7 - described acres FARMERSVLL LE 4292, of the Records of County, Texas, and . 1942 cmy OF FARMERSVLZE being described as de ccy 2006011900078390 - JANUARY 3, 2006 an at the intersection of the East line of S. Main Street with - 3 Cone. G ENe: South a of R Eat DESCRIBED $ ine. CRE ES line degrees 01/2 46 East, feet at along, the South 1876 PG. CLED MENCA PAISI 4292, ABESNIN corner said a242 acres, m a of curve; Cone E ES 3, THENCE Southwesterly, 51 feet dlong Eost line of said 0.242 and Hondiqp f 8 0.407 Da of 5 central L - 17 E bdl bears South degrees 34 West, 129. 45 feet) to a inch steel rod FFE minutes 23 seconds 5/8 set at point of - reverse curve; Jx 6, 1.106 PART OF ACRES BLOCK / THENCE Southwesterly, 166. 49 feet East line of said 0.407 dlong 5 5 5 vdr 47, PG. 107 to the right radius feet and central ord 53 bears South degrees 18 minutes seconds a S/ E feet) to 1/2 inch steel rod found at the Southeast corner of said 0.40 407 ding I acres; E y I 73 51 minutes 52 100.00 the South EDer EMER 0.407 Ceyens to a 1/2 inch steel mmbl snt at the se corner of A 0.407 acres; I 5 oe Bot 8 46 minutes 38 seconds West, 42.19 feet to 60d nail set the CAE ACRES MENCE on Sa MMES Street: cond g Cy a S4EF THENCE North minutes 13 seconds West, 255.5 .50 feet along the East E FRa eed NOVEME BE 1998 A Une line of S. Main rcey es 5 POINT OF BEGINNING, containing 1.106 acres of land. B ws - cmy oF FAF.M PG. Po AUGL ST 24, E s h p B4B35 W A 2SIS2, W 10000 E SRF : STEEL ROD FOUND Bvld ding Note: Bearings based on Texas Plane Coordinate System, Texas North Central Zone 4202, NAD83. Note: Verlfy exact location of underground ullitles prior to construction. ben Note: AIl 5/8 Inch steel rods set have red plastic cap stamped "Boundary Solutions" Note: Survey performed without benefit of fille commitment, no easements furnished or researched" by surveyor. / PESRAK S CLIENT: # I rom an the City of Farmersville E 30' 60' - except as on the survey plat. EE A d OF - December 8, 2021 7 No Schedule Provided 00 Lehe 3 sof Address: 205 Main d6 latthe 7 83s1 No. SURY Drawn by: mjb a B.S.L.Job# 2104-019 Agenda Section Regular Agenda Section Number VII.J. Subject R-2025-0317-000 Emergency Service District (ESD) To Mayor and Council Members From Ben White, City Manager Date March 17, 2025 Attachment(s) Resolution R-2025-0317-000 Related Link(s) Consideration and Discussion Action Motion/secondlvote D Approve D Approve with Updates D Disapprove Motion/secondhvote to continue to a later date. D Approve D Disapprove Move item to another agenda. No motion, no action RESOLUTION NO. R-2025-0317-000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FARMERSVILLE, TEXAS, CONSENTING TOTHE CREATION OF THE PROPOSED COLLIN COUNTY EMERGENCY SERVICES DISTRICT NO. 1; CONSENTING TO THE INCLUSION OF THE CITY'S EXTRATERRITORIAL JURISDICTION WITHIN THE PROPOSED DISTRICT; AUTHORIZING THE MAYOR TO EXECUTE A LETTER CONSENTING TO SAID CREATION AND INCLUSION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Farmersville, Texas ("City") is a Home Rule City possessing the full power of local self-government pursuant to Article XI, Section 5 of the Texas Constitution, Section 51.072 of Texas Local Government Code, and its Home Rule Charter; and WHEREAS, the City has received a letter, attached hereto as Attachment "A", requesting the City's consent to the proposed creation of an emergency services district to be known as Collin County Emergency Services District No. 1 (the "District"); and WHEREAS, the proposed District will include a portion of the City's extraterritorial jurisdiction of the City within Collin County as shown in Exhibits "A" and "A-1" of Attachment "A"; and WHEREAS, pursuant to Texas Health & Safety Code section 775.014, the City must indicate its consent, or denial, of the creation and to the inclusion of City's extraterritorial jurisdiction within the District in order for it to be included within the District; and WHEREAS, the City desires to grant its written consent to the creation of the District; and WHEREAS, the City desires to grant its written consent to the inclusion of its extraterritorial, jurisdiction that is within the proposed District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERSVILLE, TEXAS: Section 1. Recitals Incorporated. The findings recited above are incorporated as if fully set forth in the body of this Resolution. Section 2. Consent to Creation and Inclusion. The City Council of the City of Farmersville, Texas, hereby grants its written consent to the creation of the District. The City Council further consents to the inclusion ofits extraterritorial jurisdiction that is within the proposed District. Section 3. Authority to Execute Written Consent. The City Council of the Farmersville, Texas, hereby authorizes the Mayor, or his designee, to execute the letter attached hereto as Attachment "B" thereby granting consent to the creation of the District and inclusion of the City's extraterritorial jurisdiction within the District, which has been approved by the City Council for and on behalf oft the City of Farmersville, Texas. Section 4. Severability. This resolution, and every section, clause, provision, phrase, or word thereof, shall be considered severable and the invalidity under the constitution of any section, clause, provision or portion of this resolution shall not affect the validity, or constitutionality of any other portion of this resolution. Section 5. Effective Date. This resolution shall become effective immediately from and after its passage. PASSED AND APPROVED, by the City Council of the City of Farmersville, Texas, on the 17th day of March 2025. Craig Overstreet, Mayor ATTEST: Tabatha Monk, City Secretary 2 Attachment "A" 3 Attachment "B" [DATEI The Honorable Chris Hill Collin County Judge 2300 Bloomdale Rd, Ste 4192 McKinney, Texas 75071 RE: Consent of the City of Farmersville, Collin County, Texas for the Inclusion of the Extraterritorial Jurisdiction of the City in the Proposed Colllin County Emergency Services District No. 1, Pursuant to Chapter 775, Texas Health & Safety Code. Dear Judge Hill: This correspondence is to certify that at a meeting of the City Council of the City of Farmersville, Texas, called and conducted in accordance with all applicable law, the Council approved the following motion by a vote of "ayes"and "nays:" Motion to adopt Resolution No.R-2025-0317-000 consenting to the creation of the Collin County Emergency Services District No. 1 and consenting to the inclusion of the City's extraterritorial jurisdiction within the proposed district, and authorizing the Mayor to execute a letter consenting to said creation and inclusion. Pursuant to Section 775.014 of the Texas Health & Safety Code, the City of Farmersville, Texas hereby consents to creation of Collin County Emergency Services District No. 1 as located in Collin County, Texas and the inclusion of the City's extraterritorial jurisdiction within the proposed Collin County Emergency Services District No. 1 as located in Collin County, Texas. Sincerely, Craig Overstreet, Mayor ATTEST: Tabatha Monk, City Secretary 4 VIII. EXECUTIVE SESSION IX. RECONVENE INTO OPEN SESSION X. ITEMS TO BE PLACED ON FUTURE AGENDAS XI. ADJOURNMENT