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Ord 1332 04/27/2021 Atch 6 Cibolo Unified D:evelopmentCode onth XX,202 ARTICLE 18. TRANSPORTATION Section 18.1 Public Streets Streets shall be designated, designed and constructed as necessary to comply with all requirements of the Cibolo Design and Construction Manual and the additional standards contained in this Article. A.Street Layout The arrangement,extent,character,width,grade and location of all streets shall conform to the Future Thoroughfare Plan and the Comprehensive Master Plan. Collector streets shall provide adequate circulation within the neighborhood.and yet discourage through traffic. The street layout shall be arranged to achieve the most desirable development of the entire neighborhood unit with appropriate consideration of creeks, drainage channels, wooded ureas and other topographical features,which lend themselves to special treatment. Permits must be obtained from TxDOT for driveways and streets accessing any State highway. The proposed location of driveways must comply with all applicable City and State safety requirements. B. Relation to Adjoining Streets Adjoining areas shall be continued and tied into the street layout. C. Projection of Streets When adjoining properties are not yet subdivided, the arrangement of streets shall provide for the proper projection of streets into the adjoining non-subdivided areas and will be required to comply with the neighborhood pattern or conform to the Future Thoroughfare Plan and Future Land Use Map. D. Right-of-Way and Pavement Widths In newly developed subdivisions, right-of-way shall be dedicated by the developer and pavement width constructed in accordance with the Future Thoroughfare Plan, the City Design and- Construction Manual and all other requirements of this UDC. The classifications of the streets shall be as determined by the City Engineer and approved by the City Council. The Cibolo Design.and Construction Manual provides the requirements for right-of- way and pavement widths, median widths, crown or cross slope and related technical design.standards of the City. In construction projects by the City,where the desired right-of-way is not available for the pavement width specified in the Cibolo Design and Construction Manual, the City Engineer will determine the pavement width to be used on the project. Said pavement width must be approved by the City Council. E. Responsibilities of the Developer The subdivider shall pay all design, engineering, labor, and construction costs for transportation related improvements required by this UDC, except to the-extent that this section specifically provides for full or partial payment by.the City. The provisions of this section shall apply to resubdivisions-as well as to subdivisions. Specifically, the developer shall be responsible for the following: 1. Phasing of development or improvements in order to ensure the provision of adequate public facilities; 2. Extensions of public facilities and roadways, including any necessary on- and off-site facilities, to connect to existing public facilities; 3. Providing and/or procuring all necessary property interests, including rights-of-way and easements, for the facilities (whether on-site or off-site); 4. Providing proof to the City of adequate public facilities; 5. Making provisions for future expansion of the public facilities as needed to serve future developments, subject to the City s oversize participation policies, if applicable; 6. Providing for all operations and maintenance of the public facilities, or providing proof that a separate entity will be responsible for the operations and maintenance of the facilities; 7. Providing all fiscal security required for the construction of the public facilities; 289 Cibolo Unified Development Code. onth XX,20Il 8. . Obtaining approvals from the applicable utility providers other than the City- 9. Complying with all requirements of the utility providers, including the City and applicable drainage districts; and 10. Nothing in this chapter shall be construed to require any-dedication or construction that is not explicitly required by the standards within this UDC. F. Off-Site/Perimeter Road Improvements Where a subdivision isadjacent to or is servedby a collector or.arterial streets) that does not meet the City's minimum standards for roadway construction and/or pavement/right-of-way width, the subdivider shall make the improvements to the substandard collector or arterial street(s) and intersections as are necessary to mitigate traffic impacts generated by the subdivision or related projects. Said improvements shall be established through the completion of a Traffic Impact Analysis that meets the minimum standards specified in this Article, The Citymay, at its discretion, participate in the costs to oversize the improvements with the subdivider as set out herein and subject to-the City's participation policies regarding oversizing improvements. G.Findings on Necessity for ROW Dedication, Construction and Easement Dedication 1. Support for New Development a) New development must be supported by adequate levels of public facilities and services, as required and defined herein, and as limited by Section 18.1.E. b) it is necessary and desirable to provide for dedication of rights-of-way and easements for capital improvements, as limited by Section 18.1.E herein, to support new development at the earliest stage of the development process. 2. Essential Nexus 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. 3. Developer Obligations; Dedication and Construction of Improvements The developer shall dedicate all rights-of-way and easements for capital.improvements within the -rights-of-way or easements for those transportation improvements needed to adequately serve a proposed development consistent with the applicable master.facilities plans and .construction . design standards, as limited in Section 18.1:E, and shall construct said improvements;whether the facilities are located on, adjacent to or outside the boundaries of the property being developed in accordance with this UDC. 4.Timing of Dedication and Construction a) Initial Provision for Dedication or Construction. The City shall require an initial demonstration that proposed development shall be.adequately served by public facilities and services, as limited in Section 18.1.E, at the time for approval of the first development application that, ortra s a secific Ian of develo merit; including but not limited to a petition for establishingtq ®overlay zoning district; a petition for an annexation agreement or a development agreement; an application for a Land Study, or an application for a Preliminary Plat or Final Plat. As a condition of approval of the development application,. the City :may require provision for dedication of rights-of-way or easements for, and construction of, capital improvements to serve the proposed development. 290 Cibolo Unified DevelopmentCode onth XX,201 b) Deferral of Obligation. The obligation to dedicate rights-of-way for or to construct one or more capital.improvements to serve a new development may be deferred until approval of a subordinate development permit, or, in -the case of a development proposed to be developed in phases, until a subsequent phase of the development, on the sole discretion:of the City, upon written request of the property owner, or at.the City initiative,As a condition of deferring the obligation, the City may require that the developer enter into a capital improvements agreement-pursuant to.Article 20 of this UDC;specifying the time for dedication of rights-of-way for or construction of capital improvements serving the development. c) Relief from Obligations, In order to achieve proportionality between the demands created by a proposed development on public facilities and the obligation to provide adequate public facilities; as limited in Section 181;.E, the City may participate in the costs of public facilities in accordance with this Article or relieve the property owner of;some or part.of the obligations.in response to a petition for relief from a dedication or construction requirements. 5. Roadway Participation Policies-Improvement of Adjacent(Perimeter) Roads and Utilities. a).; Improvement of Adjacent Substandard Road. When an area within a proposed plat, whether residential or nonresidential,_abuts on one or both sides of an existing substandard road or utility facility, or a planned or future roado: utility facility as shown -on the City-Thoroughfare Plan and/or adopted plans related to water and Wastewater; the developer shall be required to improve the road (including appurtenant sidewalks, paths, bikeways, barrier-free ramps, storm. drainage facilities, screening and landscaping, median openings, left turn lanes, and water quality orerosion controls)and utility , facilities, to bring the facilities.to City standards, onto replace them with.standard City road or utility facilities at no cost to the City. . b) Calculation of Cost. L The developer's share of improvements to a substandard perimeter road is the equivalent of one-half of the pavement width of a collector street, per the Cibolo.Design and Construction Manual requirements for collector street design, along the entire frontage of the subdivision. Ji. The developer's share of improvements to a roadway :when a subdivision isto be located on both sides of a roadway is the.full width of a primary collector street, per the Cibolo Design and Construction.Manual requirements for collector street design. The roadway shall be improved by the developer on each side of the 'road along the entire length of the subdivision, per the Cibolo Design and Construction Manual. -iii. The City shall participate in the costs of perimeter roads in excess of the developer's. fair share obligations and where such costs are not borne.by another public entity,.and in cases where the application -of the standards in. this Section result in a disproportional burden on the development, as determined by the City-Engineer and approved by the City Council. . 6. Improvements. All streets bordering subdivisions shall be improved, and/or. rights-of-way platted, in accordance with standards prescribed herein. If the subdivider widens existing pavement,the existing pavement shall be cut 291 Cibolo Unified DevelopmentCod.e ,Month XX 201 back a distance required by the City Engineer to assure adequate sub-base and pavement joint before additional paving material is laid on top. a) Existing Boundary Streets: For boundary streets which exist to some degree, for example, by previous partial dedication or prescriptive easement, the following standards shall apply. i. For all classifications of such streets, the subdivider must dedicate additional right-of-way . to complete the:desired street width from the desired roadway centerline to the final edge of right-of-way. Dedication of more than half this additional increment may be required, in some instances, to maximize use of existing roadway and/or ensure a consistent street alignment with a minimum of undesirable curvature. - ii. For all classifications of such streets, except expressways,the subdivider must pave one= half the additional portion of street right-of-way remaining to be paved,.according to the adopted Thoroughfare Plan ofthe City for improving that street alignment. In.no instance, . however, shall there be required any more than thirty-three(33') Fre'_of additional paving, nor shall there result any less than a twenty-six(26') oo paved roadway. In lieu of actual street improvement, the subdivider shall have the following options: (1) The subdivider shall contribute to the City an amount of.money necessary to complete all paving and curbing required.. These funds shall. be held, and eventually disposed of, in the manner described within Article 20 of this UDC; or (2) If the subdivision,includes no more than two lots,then the subdivider may execute a Developer Agreement or Public Improvements Agreement which runs with the ownership of the land and which obligates the landowner to pay the City on demand.the amount of money necessary to cover the cost of all required public street improvements. The said Agreement shall be on a City designated form, signed by the property owner, notarized, and filed with the official property records of the county in which the property is located. (3) If the right-of-way for an expressway lies adjacent to or forms part of the subdivision boundary, no paving improvements shall -be; required_,of the subdivider: b). New Boundary Streets. For-new boundary streets forming part of the subdivision boundary, the following standards shall apply. i. Minor Streets and subcollectors. Where a minor street or subcollector forms part of the subdivision boundary,the subdivider shall'dedicate right-of-way sufficient to make such street conform to requirements of this Division.-The subdivider shall.also improve such street in conformance with all standards and specifications of the City, including installation of curbs on.both sides of the street. ii. Other Streets. Where a proposed thoroughfare (other than a minor street or subcollector).forms part of a subdivision boundary, the subdivider shall dedicate approximately one-half the additional right-of-way necessary to.comprise the full street width required by.this Division, up to a maximum of one hundred(100') ee . Dedication of more than half this additional increment 292 Cibolo-Unified Development Code onth XX,201 may be required, in some instances, to maximize the.use of existing streets and/or to ensure a consistent street,alignment with a minimum of undesirable curvature.- iii. Partial Boundary.Street. If the.right-of-way for an arterial or collector street forms part of the.subdivision boundary, the subdivider shall comply with requirements of either one of the following two paragraphs: (1) The subdivider shall pave thirty-three (33') ee of the right-of-way in accordance with City standards and specifications. (2) The subdivider shall contribute to the City, an amount of money equal to. that necessary to complete paving and curbing as required by this UDC. iv. Expressway. If the right-of-way for an expressway lies adjacent to or forms part of the subdivision boundary, no paving improvements shall be required of the subdivider. 18.2 Private-Streets A. Intent and Purpose. It is the intent of these private street regulations: 1. To allow private street developments to occur within the city on:a limited and restrictive basis; 2. To provide for private street developments as one type of residential development mechanism to allow the city to continue to be competitive in the development market; and 3. To provide a broader variety of residential areas to meet the needs of the residents of the city. B: General. 1. There shall be no required minimum or maximum acreage size and/or number of lots within_private street developments. However, minimums and maximums will be evaluated on a case-by-case basis through all applicable requirements of this UDC. 2. The location of each private street development will be.subject to the approval of the City Council, through the specific use permit process, on a case=by-case basis, based on, among other,matters; the criteria described in this article." C. Administrative Procedures. In order'to qualify for consideration for private streets, the applicant must submit'a.Land Study of the proposed development demonstrating compliance with the criteria set forth below.'For private street developments of twenty (20) or fewer lots, a Preliminary Plat of the proposed development may be submitted concurrently with the Land Study. D: Private Street Design Standards. 1. Required. The design and construction of the infrastructure within a private street subdivision shall conform to the same rules, regulations; standards, and specifications established for public subdivisions and as regulated in the City UDC and Cibolo Design and Construction Manual. 293 1 Cibolo Unified Development Code onth XX,201 2. Promulgation. The City Engineer is hereby authorized to promulgate rules, regulations, standards, and specifications for the design and construction of improvements unique to a private street subdivision in accordance with Article 2 of this UDC. 3. Amendments. An amendment may be,made from time to time in accordance with Article 3 of this UDC. 4. Private Street Structures: a. Project perimeter fences at project entry access points, entry. monuments, and security stations, may be erected within the public utility and storm sewer easement, provided they do not impede the installation, maintenance, repair, or replacement of public utilities and storm sewers within the easement. b. Where security stations are a part of a larger, multipurpose structure; only that portion of the structure, which functions as a security station, may encroach the building line adjacent to the private street. E. Maintenance. 1. The. property owners' association shall be responsible for periodic inspection and maintenance of all infrastructure except utilities (water,- sanitary sewer, storm sewer, gas,cable, phone and electric lines). 2. The city has no obligation to inspect or maintain a private street. - 3. In the event that the property owners' association fails to make repairs required by the city, the city shall have the right, but.notthe obligation, to cause the.repairs to be completed and collect the cost of the same from the property owners'association for said work. 4. If the property owners'association fails to maintain access as required in this article, the city may.enter the subdivision and remove any gate or device,which is a barrier to access, at the sole expense of the property owners'association. F. Guidelines for Development. The proposed development shall be evaluated with respect to the following guidelines as part of the review and approval process for all private street developments. Subsections 1-3 below are mandatory and shall be required for all private street developments. Subsections 4-7 below are recommended guidelines, the degree to which each is satisfied should be reviewed by Cibolo city staff,-the Planning and Zoning Commission, and City Council, as apart of the determination of the-merits of any individual proposed private street development. 1.. The area shall be within the corporate limits of the city. 2. - The development plan shall not impede the current or future street circulation needs of the area, especially any.needed collector or arterial street route, or adequate access to any adjoining tract. 3. Area shall not disrupt an existing or proposed city public pedestrian pathway, hike and bike trail or park. . 4. . If the area is intended for residential use(may be an existing or proposed residential development), it should be zoned solely as a residential zoning district that.is, a zoning district the stated urpose of:which is to provide for primaril residential Uses) ' 5. The area should be bounded on all sides_by natural barriers,'manmade.barriers such as a greenbelt, hike and bike trail, golf course or park, screening walls, or collector thoroughfares. & Except where substantial existing natural., or manmade barriers would render..the requirement unreasonable,' each such :development should have direct access.to a two=lane collector street width, unless a lesser width two-lane collector is determined adequate due to.an absence of need.for on-street parking), in-addition to any access to one or more arterial streets that may be proposed. Any private street development of such limited size that it does not require direct collector street access for appropriate traffic service may instead have access to a collector street within the neighborhood byway of another local street. 294 Cibolo Unified Development Code onth XX,201 7. The proposed private street subdivision should not result in an overconcentration of such developments, to the extent of dominating the neighborhood development pattern. G. General Design Requirements. 1. The private street system must comply with design standards of this UDC. All references in this UDC to "public right-of-way" shall.apply to private street lots. 2. The private street system must provide access for emergency. vehicles, public and private utility maintenance and service personnel, the U.S. Postal Service, and government employees in pursuit of their official duties. 3. The type of gate or controlled access mechanism is subject to the approval of the City Fire Marshal. H. Specific Requirements. 1. Each private street development plat shall contain the following wording on the face of the plat: "The streets have not been dedicated to the public for public access nor been accepted by the city as public improvements, and the streets shall be maintained by the property owner's association within the subdivision. The streets shall always be open to-emergency vehicles, public and private utility service_ personnel, the U.S. Postal Service and governmental employees in pursuit of their official duties." 2, For gated communities,the type of gate or controlled access mechanism shall be subject to the approval of the Fire Chief. 3. Private streets shall be located in a public utility and storm sewer easement. The width of the easement shall be the same as the required right-of-way width for a public street. 4. Easements. Private street developments shall provide the following easements: a. Public utility and storm sewer easements containing private streets and public utilities; b. Additional public utility easements required by public agencies; c. Pre-existing easements unaffected by the platting process; and d. Such private service easements, including, but not limited to, utilities, fire lanes, street lighting, government vehicle access, mail collection and delivery access, and utility meter reading access, as may be necessary or convenient. 5. All private street developments shall be required to have a minimum of one point of access to a public street having a right=of-way width of at least 60 feet, unless specifically approved otherwise. 6. As applicable, impact fees:will be required per the requirements of-the City. 7. As applicable, park dedication requirements shall be made per this UDC. I. Inspections and City Engineer Approval Required. 1. All private streets shall be subject to typical City inspections, as required by this UDC for public streets, to ensure that the private street is constructed in accordance with all public street construction requirements, as required by the City Design and Construction Manual. 2. Upon the completion of private streets, final City Engineer approval shall be required to certify that the private street complies with all requirements of this UDC and the City Design and Construction Manual. 3. Private streets shall be subject to periodic City inspections.to ensure that private streets are being maintained in accordance with City street maintenance requirements. The City Manager, after consultation with the City Engineer, shall have the prerogative to require a repair to any private street to ensure that a private street in maintained in accordance with City street maintenance requirements. 295 Gbolo Unified Development Code.. anth XX,202 J. Conversion of an Existing Public Street to a Private Street. In order to convert an existing public street to a private street, the following criteria will be applicable: 1. A development application shall be submitted that contains the signatures of all owners of existing lots that would be part of the proposed-private street subdivision; 2. An applicant must purchase installed infrastructure and right-of-way from the City, and establish a reserve fund; as described below, determined to be adequate and sufficient by the City Council. and; 3. An applicant must conform to all other provisions of this UDC. K. Relationship to the City Comprehensive Master Plan. The following components shall be evaluated when reviewing potential private street developments.This evaluation will aid in logical implementation of the City Comprehensive Master Plan. 1. Future Land Use Plan. Impact on land uses, their configuration, and-function shall be examined as part of each request for a private street development. 2. Future Thoroughfare Plan. The proposed private street development will be evaluated to assess its impact on the efficiency, convenience and safe functioning and implementation of the Thoroughfare Plan. L. Property Owners Association. 1. Required. Subdivisions with private streets shall have a property owners'association,the property owners'association shall own and be responsible for the maintenance of private streets and appurtenances. The property- owners'association shall provide for the payment of dues and assessments required to maintain the private streets. The property owners' association documents must be acceptable to the gity at,the time of final @lat approval. The approved document must be filed for record contemporaneously with the filing of the record plat. 2. Reserve fund. .... The property owners' 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 property owners'.association infrastructure.This reserve fund shall not be commingled with any-other property owners' association fund. The balance of the-fund shall be equal to the total replacement cost of 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 be a minimum of 20 years. 3. The property-owners' 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. 4. If the specific use permit is revoked or the private streets converted to public streets, the reserve fund shall become the property of the City.. . 5. Membership requirements. Every owner-of a lot within the private street development shall be a member of the property owners' . association. 6. .Required-disclosures. The property owners' association documents shall address, but shall not be limited to, the following four subsections: 296 Mob Unified Development Code onrh Xh;201 a) The property owners'-association documents must indicate that the streets within the development are private,owned and maintained by the property owners' association and that the:®ity has no obligation to maintain or reconstruct the private streets; b) The property owners'association documents shall include a statement indicating that the Miry Imay, but is not obligated to; inspect private streets; and require repairs necessary to ensure that the same are maintained to Ijity standards; c) The property owners'association-may not be dissolved without the prior written consent of the®ity; d) The Private Street Agreement stipulations shall be included in the property owners' association documents, to increase the opportunity.for awareness of mandatory conversion,of private-'streets to. public streets. 7. Assignment of property owners' association lien rights. The property owners'association declaration shall provide that should the property owners'association fail to carry out its duties.as specified in these regulations; the city or its lawful agents shall have the right and ability, after due notice to.the property owners' association,,to perform the responsibilities of the property owners'association if the property owners'association fails.to do so in compliance with an ;of the provisions of these regulations or of any applicable city codes; regulations or agreements with.the an and to assess the property owners':association or the lot owners for all costs.incurred by the ®ity in performing said responsibilities,if the property owners'association fails to do so; and the jity shall further have any and all liens;and lien rights granted to the property owners' association to enforce the assessments required by the declaration, and/or to avail itself of any other enforcement actions available to the city pursuant to state , or city codes and regulations. No portion-of the property owners' association documents pertaining to the maintenance of the private streets maybe amended without the written consent of the city. 8. Services not provided. The property owners' association documents shall note that certain city services shall not be provided on private streets: Among the services that will not be provided include routine police patrols, enforcement of - traffic and parking ordinances, and preparation of accident reports. Depending on the characteristics of the proposed development, other services may not be provided. . 9. Access required. The property owners' association documents shall contain a provision that requires,access to emergency, vehicles, utility personnel, the U.S.. Postal Service, and governmental employees in pursuit,of their official duties. .18.3 Conversion of-Private Streets to Public Streets A.Voluntary.Conversion The City may, but is not obligated to, accept private streets for public access and maintenance._The procedure most conform to all of the following provisions: 1. The property owners' association must submit a petition signed by at least 51 percent of its members (or a greater number of signatures if required by the property owners:.association document). 2. All the infrastructure must be in a condition that is acceptable to the city. 3. All security stations, gates, and other structures not consistent with a public-street development must be removed:.. 4. All.monies in the reserve fund must be delivered to the city. 5. The subdivision plat shall be submitted to the-city as a replat and upon review and approval, shall be filed with the County Recorder to dedicate the streets, public utility easements, storm sewer easements and any 297 Cibolo Unified Development Code IVTonth XX,201 other public easements to the city. An ordinance converting the private streets to public streets must be approved by the City Council prior to the filing of said,subdivision plat. 6. The property owners' association documents must be modified and refiled to remove requirements specific to private street subdivisions. B. Mandatory Conversion 1. The®ity will notify the property owners'association of violations of the private street regulations. Failure to bring the subdivision into compliance with the all applicable regulations of this UDC may cause the®ity to revoke the right to maintain a private street 18.4 Condominium Drives A. In order to provide for orderly development and provision of services, the City Manager.or their designee may approve the creation of named condominium drives as part of a residential condominium project. These drives are not dedicated city streets and maintenance is solely the responsibility of the property owner. B. If the City Manager does not approve the designation of the drives as condominium drives, the applicant may appeal the decision to City Council as part of the plat approval process. C. Proposed condominium drives .shall be located within access/fire lane/utility easements as determined necessary by the City Engineer and Fire Chief. D. Condominium drive names shall be approved by the City Engineer. 18.5 Private Street Exemptions A. A private street or road serving only one (1) residence is exempt from construction and maintenance standards for public streets. B. The requirements of this section shall not pertain to private streets legally established prior to the effective of . this UDC, provided that any such private street maintains its nonconformity and is not proposed to be expanded. C. The requirements of this section shall not pertain to legally established private streets that are annexed into-the City; provided that any such private street maintains its nonconformity and is not proposed to be expanded. 18.6 Arrangement of Streets Not Designated on the Future Thoroughfare Plan A. Streets not shown on the Future Thoroughfare Plan shall be arranged and designed in accordance with the follow standards: 1. Provide for continuation and appropriate projection of existing streets from or into surrounding areas; 2. Conform to a neighborhood plan adopted by the City to meet a situation where topographical or other conditions make continuance or conformity to existing streets impractical; 3. Provide for future access to adjacent lots, tracts or parcels that will likely develop under a similar zoning classification and/or for a similar type of land use; and 4. Not'conflict in any way with-exlsting or proposed driveway openings: B. Reserve strips controlling access to streets shall be prohibited except where their control is placed by the City under conditions approved by the City Council through approval of the Final Plat. C. Intersecting, undivided streets with intersection offsets of less than 150 feet shall be avoided. Intersecting - streets onto a divided roadway must be configured such that the centerline offset will accommodate the appropriate left-turn lanes with required transition and stacking distances as determined by the City Engineer ,onto each of the two intersecting streets. D. Dead-end streets shall be prohibited, except as short stubs projected to be continued in future subdivisions. Temporary all-weather turnarounds approved by the City Engineer and Fire Chief shall be provided on such streets until such time as they are extended. In the case of a dead-end street that will eventually be extended into an adjacent subdivision, no more than one (1) lot per side may front onto the dead-end street stub unless a temporary turn around bulb with an appropriate easement is provided for a turn around. A temporary dead- end street shall not exceed 150 feet in length and the temporary turn-around bulb must be constructed to cul- 298 Cibolo Unified Development Code. oath XX,202 de-sac,standards as described above. A note shall be_placed on the final plat.clearly labeling any dead-end streets that will at some point be extended into,adjacent property and signage shall be placed at the end of the constructed,street stub stating that the street will be extended in the future. Said signage shall be shown on the construction plans and shall be of a size and include lettering that must be large enough to be legible by a person with normal vision at a twenty-foot distance. E:_ Cul-de-sac streets shall not exceed 500.feet i6 length and shall adhere to the following standards 1. Single-Family and Duplex Residential: Turnaround ROW of not less than 120 feet (120') outside diameter and a paving width of not less than 100 feet outside.diameter, measured curb to curb;. 2, Multi-Family Residential.Turnaround ROW of not less than 150 feet (150') outside diameter and a paving width:of not less.than 130 feet outside diameter; measured curb to curb; 3. Commercial and Industrial:Turnaround ROW of not less than 200 feet(200)outside-diameter and a paving width of not less than 180 feet outside diameter, measured curb to-curb; 4. The paving diameter width in said cul-de-sacs may be modified upon approval of the Fire Chief and City Engineer only upon_ demonstration of cause and ;proof that public health and safety would not be compromised. F. Single-family residential cul-de-sac street.length maybe extended up to a maximum,length of 1,000 feet, as measured from the centerline of.-street intersecting the cul-de-sac to the center point of the cul-de-sac turnaround, provided that the number of lots located on the cul-de-sac street does not exceed twenty-five (25) lots. 18.7 Street Design A.Alignment. The alignment of all arterial and collector streets shall conform to the Future Thoroughfare Plan, this UDC and the requirements of the.Cibolo Design and Construction.Manual. Street alignment shall meet the requirements of the-- Cibolo Design and Construction Manual and in no case shall street jogs be offset less than 150 feet on centerline, except in the case of two local streets, which may have an_off-set of 125 feet on centerline. B. Intersections. All intersections on arterial and collector streets.shall be at ninety(900) degrees, or within five (50) degrees of that standard. The curb radius -at street intersections shall conform to the specifications in the Cibolo Design and Construction Manual. Deviations from this requirement can be considered by City Council when streets are being realigned in order to comply with the Future Thoroughfare Plan or to avoid natural, or man-made features, such as, butnot limited to, protected wetlands , bogs, floodplains; a stand of heritage trees, artifact areas, historic buildings or sites, pipelines,easements or existing'development. C.State Highway Alignment Criteria and-Coordination. Prior to accessing or designing facilities within TxDOT ROW, the engineer of record shall contact the appropriate - -regulatory agency to determine any special design, construction requirements and/or permitting requirements and shall copy the Director-of Engineering on all correspondence with each regulatory agency. Roadway and driveway connections within a TxDOT ROW shall meet the requirements of the TxDOT Area Office and the TxDOT Roadway Design Manual. Driveway permits for drives connecting to TxDOT rights-of-way shall be processed through the Director of Engineering. - D. Public Access to Subdivisions. 1. All residential subdivisions shall have a minimum of two (2) locations accessing existing public streets. Access may be provided through the construction of a public street.The extent and location of all accesses 299 Cibolo Unified Development Code ont XX,201 is subject to review and approval by the City. The City Council shall not permit"island" subdivisions, lots or streets that would be surrounded by the flood waters. 2. All subdivisions containing more than thirty (30) lots must have at least two (2) points of vehicular access and must be connected to the City's improved thoroughfare and street system by one or more approach roads of such dimensions and constructed of such standards that are in accordance with the Cibolo Design and Construction Manual for public streets Two (2) points of vehicular access" shall be construed to mean that the subdivision has at least two (2) roads accessing the subdivision from the City's improved thoroughfare/street system. The City Council may, at its discretion and upon a finding that such will not compromise the public safety or impede emergency access, accept a single median-divided entrance from the City's improved thoroughfare/street system provided that the median extends into the subdivision for an unbroken length of at least one hundred and fifty(150')feet to an intersecting interior street that provides at least two(2) routes to the interior of the subdivision. The City Council shall have the discretion to approve a Phasing Plan as a part of a Land Study that specifies where and when a second_point of access will be provide and/or to require a Maintenance Bond equal to the cost of proving a second access point to the development. E.Access to Principal and Secondary Arterial Streets and Highways Access to principal and secondary,arterial streets should be limited to protect the flow of traffic from the lots. A one (1') oo non-access easement shall be provided along principal and secondary arterial streets and highways when lots have access to another public right-of-way. F. Partial or Half Streets and Adjacent Streets 1. Wherever a half-street has already been provided adjacent to an area proposed to be subdivided, the subdivider of the other remaining portion of the street shall be platted with such subdivision. Where part of a street is being dedicated along a common property line where no roadway currently exists, the first dedication of ROW shall be of an adequate width so that the developer shall be responsible for at least 24 feet of clear pavement width, as considered necessary by the City Engineer. Additional ROW. and easements shall be dedicated as necessary to install signage and to perform grading activities and to conform to the requirements of this UDC, the Future Thoroughfare Plan and the Cibolo Design and Construction Manual, except as may be limited by Section 18.1.G of this Article. 2. New half streets that do not conform to the Future Thoroughfare.Plan, this.UDC and Cibolo-Design and Construction Manual shall not be platted without the expressed approval of City Council as a part of a Public Improvements Phasing Schedule or proffer a Public Improvements Agreement for impact fee credits to complete road improvements designated on the Future Thoroughfare Plan. 3. Where a proposed subdivision abuts an existing street, or half street, that does not conform to the UDC, the Future Thoroughfare Plan of Cibolo Design and Construction Manual, the subdivider shall be required to dedicate any additional '/ right-of-way necessary to meet the street width requirement, except as may be limited by Section 18.1.G of this Article. The developer may submit a Public Improvements Phasing Schedule or proffer a Public Improvements Agreement for impact fee credits to complete road improvements designated on the Future Thoroughfare Plan. 4. Street improvements required by this section shall include right-of-way dedication, paving, curb and guttering, shoulder improvements and sidewalks, as required by this UDC and the Cibolo Design and Construction Manual. 5. In the event that a street stub is provided to connect to a future phase or a future adjoining development, the City Engineer and City Council may consider a temporary cul-de-sac, alternative turn around design, such as a hammer head, .or.a Maintenance Bond, as may be appropriate, to provide a temporary turn around or an eventual connection to the adjoining phase or an adjoining development. 300 Cibolo Unified Development Code �?onth XX,201 G. Street Signs and Traffic Control Devices 1. Street signs in new subdivisions; including street name, speed limit,stoR and yield signs, etc. shall be paid for by the developer, and shall be, provided by and installedordi�o the Cibolo Design and Construction Manual. Traffic control devices required within the subdivision per an approved Traffic Impact Analysis or as required by this UDC or Cibolo Design and Construction Manual, shall be- installed in accordance with the latest revision of the Texas Manual on Uniform Traffic-Control Devices for Streets and Highways. 2. The materials used for street name and street signage, the method of attaching the sign to the post, the details of lettering,.painting, and method of installation, as well as the location of the sign at the intersection shall be in accordance with the specifications in the Cibolo Design and Construction Manual. 3. The criteria and specific design.standards for all transportation related improvements shall be as described in this Article and the Cibolo Design and Construction Manual. 4. Any installation of speed control or traffic calming improvements,may be considered by the City Manager and City Council in accordance 0 accepted traffic engineering practices. City Council shall request recommendations for said improvements by the City Engineer and the Cibolo. Police and Fire Chiefs. Any request made to propose the installation of traffic calming improvements must be accompanied by Traffic Impact Analysis completed at the expense of the party requesting traffic calming improvements. H. Medians -1. Medians in road rights-of-way will be-considered on a case-by-case basis. The street right-of-way will be engineered to accommodate all emergency and utility vehicles,,after coordination by the City Engineer and City Manager.At a minimum, medians shall provide at least twenty-four(24') ee of pavement on each side of the median. 2. Medians in street ROW shall considered to be traffic control devices. However, should a developer want to - install landscaping, walls fountains or any other aesthetic treatment, the plat shall include a general note - specifying that the developer or its successors and/or assigns is responsible for the maintenance, repair of all improvement within the median. The maintenance of landscaping installed in a median shall be the responsibility of the developer or a duly authorized Homeowner Association and shall be.irrigated and maintained in accordance with all Landscaping requirements contained in this UDC: Median landscaping shall be subject to the approval of a Landscape Plan and the issuance of permits for any electrical, irrigation or structural improvements.The City shall reserve the right to require the developer or its successors and/or assigns,.to trim landscaping as necessary to ensure that the right-of-way is clear for traffic.Any islands that are not maintained in accordance with this section may be removed by the City and shall be removed at the expense of the developer or its successors and/or assigns, after due notice and the:.written -recommendation by.the City Engineer. 3. Foliage of hedges, trees, and shrubs located in or encroaching into public right-of-way shall,be maintained such that the minimum overhang above a sidewalk shall be eight(8')feet and the minimum overhang above an arterial or collector street shall be fourteen (14')feet. 18.8 Street Names and Street Numbers Names of new streets shall not duplicate the names of existing streets within the City and its ETJ unless the new street is a continuation of or part of a future continuation of such existing street. Street names shall be chosen to avoid name similarity or confusion. A new street name shall not differ from an existing street name solely by the addition of a different auxiliary designation such as"avenue", "way", "boulevard", etc. Names of all new streets shall be subject to coordination on an area and region wide basis. Street names shall have prior approval of the United States Postal Service, Bexar Metro 911, and the applicable County officials. Street addresses should also be coordinated with present existing.addresses. 301 Cibolo Unified Development Code JVlonthXX,2D1 Proposed street names shall be submitted with a Land Study and Preliminary Plat. When a Final Plat is submitted, the applicant must submit a copy the names selected by the U.S. Postal Service as "approved" street names. The City reserves the right to request a name change prior to plat recordation to avoid name similarity and avoid confusion. The City, in concert with the U.S.P.S. and Bexar Metro 911, will determine street numbers and advise the subdivider as to the street numbers and sequencing. 18.9 Construction Standards All public and private streets shall be constructed with reference to base, surfacing, curbs,grades, horizontal curves -and intersection curve radius-in accordance with the standards prescribed in the Cibolo Design and Construction Manual and any other applicable specifications of the City. The City Engineer can consider deviations from the_City Construction Standards when a deviate is determined to acceptable and appropriate based on accepted engineering standards and practices and/or appropriate for the specific location based on-specific circumstances of any improvement. Any other deviation from a Construction Standard of the: City shall require City Council approval. 18.10-Street Drainage The storm drainage for.all local streets shall.be designed to a 10-year storm capacity curb face to curb face and to a twenty-five (25) year flood frequency within right-of-way of each local street. All arterial and collector streets designated. as such on the Future Thoroughfare Plan shall be designed to a 20-year storm event curb.face to curb face and to a twenty-five (25)_yearflood frequency within right-of-way of each collector and arterial street. Runoff rates shall be computed in all cases based. on ultimate development of the entire watershed contributing runoff water to the proposed subdivision, on the basis of concrete lined channels and streets carrying storm water.in the contributing area. All necessary storm drainage improvements shall be in accordance with the Cibolo Design and - Construction Manual. 18.11 Curb and Gutter Curbs and gutters,shall be installed by, the subdivider on both sides of all streets within or forming part of the -boundary of.the subdivision. Curb and gutter shall be constructed in accordance with the Cibolo Design and Construction Manual. The City Engineer may vary the requirements for construction.:of curb and gutter:ormay approve an alternative curb and gutter construction when legitimate professional engineering-'standards and practices, local conditions, environmental considerations or factors relative to densityand stormwater management warrant a deviation: 18.12 Street Lights and Electric Conduit Systems A. The -primary function of street lighting is to illuminate critical locations along the roadway to improve. the maneuverability of traffic at night. In residential areas, streetlights shall be are installed at intersections; cul-de- sacs, curves, and mid-block between intersections a maximum of 600 feet where the block length is longer than 900 feet and at the entrance to each development. B.' ,Along arterial roadways, streetlights are placed at a spacing.of 25,0 feet. The poles typically are locatedin the median. Streetlight poles located at the intersection of two arterials shall be installed with a double mast armor two single mast arm poles at opposite corners of the intersection. Double mast arm poles shall be installed at median openings and alternating_singlemast arms at all other locations. C. On undivided.arterial roadways, the poles shall be installed in the parkway with single mast arms placed-on alternating sides at 250 feet and two poles at opposite corners at each intersection. D. .Developers shall furnish satisfactory easements for installation of services to streetlights as required by the City and any applicable electric utility provider. E. Streetlight number, type and size shall be determined by the City and any applicable electricutility provider and shall be designed to.maximize:the light directed toward the ground. 302 Cibolo Unified Development Code onth XX,201 F. The.developer shall pay.the cost of purchasing and installing all street lighting equipment and the cost of all street lighting services for a period of two (2)years or until such time as seventy (70%) percent of the buildings for which building permits have been issued are completed, whichever is sooner. G. A detailed lighting plan shall be submitted with the Public Infrastructure Improvement Plans for review and. approval by the City and any applicable electric utility provider. H. Developers will be required to install street lighting at the time of.development prior to plat being filed at the Guadalupe County Clerk's office. I. Conduit systems shall be installed for future franchise utilities, irrigation, traffic signals, traffic signal communication, and roadway lighting. J. Traffic signal conduit and ground boxes for future traffic signals shall be installed at all arterial to arterial intersections and all:arterial to major collector intersections. The traffic signal conduit system;shall be installed in accordance with the Cibolo Design and Construction Manual. K. All divided arterial roadways constructed in the City shall be built with a conduit system in the median. The conduit system will be used for traffic signal communications and street lighting. The traffic signal communication conduit system will be installed in accordance with the Cibolo Design and Construction Manual. L. The street lighting conduit system will be installed in accordance with the Cibolo Design and Construction Manual and all requirements of the electric purveyor. Section 18.13 Traffic Impact Analysis (TIA) The purpose of a TIA is.to assess the effects.of specific development activity on the existing and planned roadway system. It is the intent of this ordinance to make traffic access planning an integral part of the development process. The thoroughfare network for Cibolo is based on operational values of Level of Service D or better as'a criterion for design purpose. Level of Service D is the industry standard and balances vehicle movement, impact on neighborhoods, and costs. A. Definitions - Background Traffic—Existing traffic not created or associated with traffic generated by the development. Projected Traffic Volumes-The number of vehicles that are calculated to be present after a project is completed. Study Area-The boundaries in which the study is conducted. Traffic Irnpact Analysis (TIA) -An in-depth analysis of existing and proposed traffic. Traffic Queue-A line of vehicles stacking in line to make_a traffic movement. Trip Distribution—A percentage estimates trip distribution per turning movement from a development.. Trip Generation Summary-A table summarizing trip generation characteristics of a development for an entire day; including AM and PM peak periods, rates, units and assumptions used to calculate the number of trips. B. TIA Requirement A TIA is required to be submitted for City approval at the time of platting and/or site plan review for those developments that are expected:to meet any traffic threshold level of change described below. The City reserves the right to require a TIA for land developments that do not meet the threshold requirements but may impact a sensitive area with.traffic issues or may be a known public concern. 1. More than ® Peak Hour Trip (PHT) generation 2. More than 5,000 vehicle trips per day generation 3. More than 100 acres of property is involved 4. Any changes or alterations to the Cibolo Future Thoroughfare Plan 5. Land uses that have unusually high.traffic generation, or fleet vehicle, characteristics. 303 Cibolo Unified Development Code - onth XX,202 In the event that a land development project, for which a TIA is required under this Section, is not completed within five(5)years from the date of submission of the TIA to the City,the TIA shall expire, and a new TIA shall be required, and the completion of the development project shall be analyzed based on the new TIA. For phased land projects, where the time to build out all phases exceeds five (5) years, an interim phase that occurs prior to the five year(5) . expiration of a TIA.shall be analyzed based on the existing TIA; however, phases that shall be completed after the five 0 year expiration of a TIA shall be analyzed based on the new TIA. Note: For.the purposes of Texas Local Government Code Chapter 245, a TIA submission to the-City is a permit submission and= expire five (5).years after such submission. 3.TIA Responsibility The primary responsibility for assessing the traffic impacts associated with a proposed development rests with the-- applicant. The City serves in a review capacity for this process. Both the City .and the developer share responsibility,to consider all reasonable solutions in the mitigation.of transportation problems identified through the study process. The TIA must be prepared, signed and sealed by a professional engineer registered to practice in . Texas, with experience in Transportation Engineering enough to assess traffic impacts. 4. Compliance with Cibolo Design and Construction Manual A TIA shall be completed in accordance with all TIA requirements specified in the Cibolo Design and Construction Manual. 5.TIA Scope Assessment Prior to the submittal of any TIA, the developer, or the Civil or,Traffic Engineer representing the developer, shall meet with the City Engineer, or duly authorized agent, to formally determine the scope of the TIA. The scope of the TIA shall be sufficiently scaled to reflect the traffic impact of the proposed use that is causing the TIA to be submitted and may include pedestrian and bicycle elements depending on the nature and location of the proposed use(s). Once the scope of the TIA is established, the City Engineer,or Engineer's agent, shall formally stipulate said scope in writing. The City Engineer reserves the right to expand, or to contract, the scope of the TIA as additional details about the proposed uses)causing the TIA to be prepared is ascertained, provided that such an expansion of scope is based on sound generally accepted traffic engineering practices. 6._TIA Threshold Analysis In order to determine when a TIA is required, the TIA Threshold Analysis worksheet listed as Table 18.1 (PG. 2 of this UDC) shall be utilized. 7.TIA Review The TIA shall be reviewed by the.City Engineer and any other necessary review authorities. Review comments shall be provided to the applicant for response. Response by the applicant shall be in the form of a letter, technical memorandum, or other appropriate document.The applicant shall submit final copies of the TIA to the City Engineer containing all modifications prior to final approval of the application for which the TIA was conducted. 8.City Assistance in Development During the course of providing for improvements, the City may cooperate with the developer in the use of its governmental powers.to assist in the timely and cost-effective implementation of improvements. Assistance shall ._ not mean financial aid in actual easement acquisition, construction or engineering costs. Specifically, the City may agree to the following forms of assistance: 1. Assist in the acquisition of necessary right-of-way and easements; 2. Assist in the relocation of utilities; 304 Cibolo Unified Development Code . on h KK,20& -3. Assist in obtaining approvals from.applicable County entities; 4. Assist in obtaining approvals from TxDOT; 5. Enter into Public Improvement Agreements as consideration in lieu of impact fees; and/or 6: Assist in securing financial-participation for major street improvements from.applicable.County entities, TxDOT or the Metropolitan Planning Organization. 9.TIA Revisions It is recognized that the scope of the developer's plans may:change from time to time. The monitoring reports may also demonstrate changes in:the area street conditions and. travel patterns within and around the City: Periodic updates to the TIA may be required to address these issues and identify changes to;the level of service at study intersections and streets. These updates shall address modifications to the magnitude and timing of improvements recommended by: the original TIA. Any TIA amendments must be acceptable to the City, and. TxDOT, when applicable. 10. Off-Site Improvements Based on the results of a TIA, and in those instances where the City believes public safety,is at risk; the property owner-shall make improvements to off-site collector and arterial streets and intersections necessaryto mitigate traffic impacts:generated by the development.or in conjunction with related developments; with said improvements being roughly proportional to the impact of the proposed development. The City may participate in the costs of oversize:improvernents with-the-property owner as set out herein,and subject to the City's cost participation policies on oversized improvements. 11. Construction Easements Construction easements, in addition to rights-of-way, may be required when adequate. width for streets and/or utilities is not available. 12. Intersection Improvements and Traffic Control Devices. Intersection improvements and traffic control devices shall be installed as may be required by the City based,on the recommendations of an approved TIA for traffic safety and efficiency. Construction and design standards shall be in accordance with Cibolo Design and Construction Manual. 305 Traffic Impact Analysis(TTA)Threshold:Worksheet cu Coni fete this'fo"rm-as ani aid to determine if Your project requires a Traffic I rhpactAnalysis Stud .. Project Name: Threshold Worksheet Prepared.by: , Project Location'' Co Company: ❑Owner or O Owner''s Agent• 0 Address: Date: Email: Phone;. . Perm itT "e or Reason for TIA Stud!Worksheet Check one and`indicate the'number if'known):' Zoning*, 'Site.Plan:, PIaY'.; Mixed User Other: Proposed T' a of Development Multi buildin develo mentor multi'-occu ancies may re wire additional tabulation.sheets to determine:total peak.hour tri s. Anticipated.; Project Siie Critical Peak Peak Hour.Trip Rafe. Peak Hour Trips Trip Rate Land/Building UselZoning ,Acres GFA #of.Units Hour (PHT)Rate. (PHT) Source ITE Cade: Previous Develo ment on.Site. Required-for"land with previousicurreni buildings occupied within 1- ear.of submittal or if Re-zoningproper Previous. Size' Critical Peak Peak Hour,Trip Rate` Peak Hour Trips Trip.Rate Land/Building•Use/Zonin Acres GFA #of Units Hour PH Rate PH Source; ITE Code: Previous TlA.Re ort If`roe V.hasa TIA on file).' Difference in PHT- Pro"osecI PHT-Previous Development PHT.or:TIA PH Peak HourTrips. Peak Hour Trips Increase in Peak Hour Trips Projected in TIA on.File Projected in Up dated Development Plan if-an increase of 76 PHT or an increase of 10%of the total PHT a new.TlA is required). Tum Lane Requirements for Developments with Less Than 76 PHT for developments with 76 or more PHT,this:anal sis-Wil be included inthe:TIA rn Right-turn lanes required-at Left-turn lanes.required at. Requirement 1 entl "=str6e nvewayname Identifystreet/d i &e Vay."name) Median Openings N/A. ❑ ❑. None Driveways or streets vhth a dally entering right-or left-tum traffic ❑_ ❑ None_ ❑• O None: volume'of'500 vehicle trips or 50 vehicle peak hour trips ❑: Required byTxDOT O None ❑ ❑ None, O 0. Where unsafe c6nditi6hs r iay exist ❑. . ❑ None_ ❑: ❑ None (lirriitedsight:disfance;.high"speed,uneven grade,etc:) ❑ Will meets For Official Use only,Do,Not:Wriie in this;Box) 0 ❑ TIA,report is.required: ❑ASIA report is not required. The traffic generated by theproposed development does not exceed the'threshold requirements: c ❑.The traffic impactmalysls hes been:waived for following reasons: Reviewed b . Date:.. c NOTE PFA Gross FloorAiea'(bldg;siie): ITEM=Institute of Transportation Engineers,Th.p.Generatiok I10tN Edtioh: 525 School Street:S.W.,'Suite 410;Washington;.DC.20024r2729;-(202)55¢8050; j ;O XO O K (j a m Cibolo Unified Development Code. onth XX,203 13. Mitigation Improvements and Roughly Proportionate Determination A. The purpose of the TIA is to identify if any mitigation improvements are necessitated by and attributable to the proposed development. Required mitigation improvements may include the following: 1. Implementation of the Future Thoroughfare Plan; including right-of-way dedication (right-of-way dedication. value shall be.determined using the most recent appraisal district land values) and/or construction in accordance with the Cibolo Design and Construction Manual. 2. Improvements identified by the TIA based on peak hour trip generation data, turn lane assessment and traffic impact analysis. 3. Other improvements may include, but are not limited to, pavement widening, turn lanes, median islands, access controls, curbs, sidewalks, traffic signalization, traffic signing and pavement markings. 4. Improvements to the TxDOT right-of-way required by the gity, including right-of-way dedication, as approved by TxDOT. Minimum Areas to be addressed in Roughly Proportionate Determination, Right-of-way dedication for adjacent exterior streets Improvements to substandard streets Projecting streets Right-of-way dedication and-construction of Future Thoroughfare Plan streets Dedication of arterial or major collector streets Upgrade existing traffic signals New traffic signal construction Other im rovements identified in the TIA Right-of-wayRight-ofrway dedication and construction of left and/or right turn lanes B. For phased development projects, implementation of the mitigation improvements must be completed no later than the completion of the project phase for which the TIA shows it was required. Plats for project phases subsequent to a phase for which a mitigation improvement is required may be.approved only if the mitigation improvements are completed or bonded by the developer. C. Following the identification of mitigation improvements and any other improvements necessitated by and attributable to the development, the applicant shall utilize the methodology developed and approved by the city to determine if the mitigation improvements identified are roughly proportionate to the impact of the proposed development: 1. At the conclusion of the TIA, the applicant will summarize all the mitigation improvements identified in the TIA and the approximate total cost of all mitigation improvements including design, engineering and construction. Mitigation improvements that only serve the proposed development (such as site plan related recommendations and right-turn lanes into and out of a development)that provide minimal benefits to the study area roadway network shall not be included in the cost of the mitigation improvements (when compared to the maximum amount of improvements attributable to the-proposed development); 2. The applicant will utilize the approved methodology made available by the lityto determinethe maximum amount of improvements (measured in dollars)that may be attributable to the proposed development; 3. The applicant shall then compare the cost.of the mitigation improvements to the maximum probable amount of improvements that may be attributable to the development. a) If the cost of the mitigation improvements is less than or equal to the'maximum amount of improvements that may be attributable to the development, then the mitigation improvements 307 Cibolo Unified Development Code JI!lonth XX 201 , identified in the,traffic impact analysis are said to be roughly proportionate to the impact of the development. b) If the cost of the mitigation improvements is greater than the maximum amount of improvements that may be attributable.to the development, then the mitigation improvements identified in the traffic impact analysis are limited to an amount roughly equal to the maximum amount of improvements that may be attributable to the development; 4. The methodology:utilized by the city.shall be as follows. The maximum amount of improvements attributable to a development is roughly proportional to the demand created by a development.This value shall be determined (measured in dollars) by multiplying the following values together: a)- Intensity of the development_ (using independent variable identified in the ITE Trip Generation Manual, e.g. number of dwelling units, number of one thousand (1,000)square feet of leasable floor area, etc.); b) Number of vehicles—the peak hour trip generation rate for the applicable peak hour(from the most current version of the ITE Trip Generation Manual Information); c) Length of the trip—the anticipated trip length to/from the development on the city's thoroughfare network(a minimum value of 1.0 miles and a maximum value of 1.5 miles shall apply); and d) Cost per vehicle-mile—the average cost per vehicle-mile for the City,to deliver a typical roadway capacity improvement project based upon the current City Engineer estimates.'The Average Unit Price List shall be reviewed by the City Engineer on a regular basis to ensure the Average Unit Price List is consistent with current,construction costs; 5. The methodology shall be reviewed by the City Engineer on a regular basis to-ensure the methodology is consistent with current construction costs and engineering criteria; 6. Projects in a valid master development plan where mitigation improvements have been previously constructed at the cost of the applicant shall receive credit for these improvements. The credit for improvements shall be determined using the cost of the improvements at the time they were constructed. This value shall be included with the total cost of the mitigation improvements required to serve the development.:The land uses previously constructed or planned for shall also be included in the calculation of the maximum probable amount of improvements that may be attributable to the development; D. Limitations on Traffic Impact Mitigation. Limitations on traffic impact mitigation requirements are as follows: 1. Improvements that have been planned and funded through a capital improvement project that exceed.the proposed mitigation measures recommended in the TIA are not required. The capital improvement must be planned to be awarded to a contractor for construction within one (1):year following the completion of the.project phase requiring the improvement to be considered as a mitigation improvement. E. Exemptions. The®ity finds and determines that certain factors, such as interconnected street systems, mixed uses, and the availability of pedestrian facilities, can result in fewer trips than isolated, low-density subdivisions. Certain development patterns produce fewer trips and shorter trips than developments subject.to conventional zoning or located on:the fringe of the metropolitan area. The®ity hereby finds that traffic patterns and infrastructure within its urban core are established, and that there is a strong public policy to encourage reinvestment in the ®ity's downtown areas. Further, the ffty-hereby-finds that there is a strong public policy to encourage infill development and that there is little opportunity to expand transportation capacity in many infill areas without destroying the 1jity's historic built environment. Accordingly, the Old Town Overlay zoning district is exempt from the provisions of this section. 308 Cibolo Unified DevelopmentCode onth XX,201- Section 18.14 Clear Site Triangle A. Generally. No.fence,wall, sign, foliage, berming or other structure or obstruction which will obstruct the driver's view (sight lines) of traffic approaching the intersection shall be placed in the sight triangle. These sight lines shall be unobstructed between a height of three (31) feet and eight(81) feet above the elevation of the street centerline and shall be placed on any corner lot in the areas specified by this subsection.or the American Association of State Highway and Transportation Officials (AASHTO) standards; whichever is more stringent. B. Requirements. 1. At the intersection of two public streets, regardless of classification, Distance A and Distance B (refer to Figures 18.1 and 18.2) shall not be less than thirty (30) feet. 2. Utility cabinets, including traffic signal cabinets, over three (3) feet in height (above the street centerline) are not allowed in a sight triangle. C. Exemptions. 1. Utility poles, traffic control signs or other signs related to public safety, and trees eighteen inches or less in widththat are devoid of branches and spaced to minimize visual obstruction are allowed in a sight triangle. Such structures are considered point obstructions and are permitted because.a driver can adjust slightly to avoid or see around them. 2. Subject to approval by the City Engineer, a traffic signal cabinet may be located in a sight triangle only where no other location is feasible due to physical or fiscal constraints, and,is located,such that, the side facing vehicle traffic is less than eighteen inches (18") in width to minimize the sight obstruction. Figure 18.1 Sight Triangle Requirements for Street Intersections �-- ' N,.. . ?? Y Distance A and Distance B are measured from the point of intersection of lines that extend from either the edge of the curb line or edge of asphalt, whichever is closer to the property, away from the intersection. Only one of the four required street . sight triangles are shown above. 309 Cibolo.Unified DegelopmentCode onth XX 203 Figure 18.2 Sight Triangle Requirements for Street Intersections (Measurement) N j N . (D co W Canada Avenue Q 30' IT— =1 30. I� Clear Vision Areas `I Lot,1 Figure 18.3 Sight Triangle Requirements for Street Intersections (Three Dimensional) Visual Obstruction Permissible I I - — -------- 8'above Street Centerline i .. „j No Visual Obstruction Allowed t :! --------.3'aboveStreet Centerline J 1 ff i Visual Obstruction Permissible Street Flowline or Edge of Asphalt iP I; 310 (ibolo_Unified Development Code onth XX,2Q1 Section 18.16 Fire Lanes Fire lanes shall be designated, designed and constructed as necessary to comply with all requirements of the.City Fire Code and local amendments: Section.18.46 Driveways Driveways shall be designated, designed and constructed as necessary to comply with all requirements'of the Cibolo Design and Construction Manual and the additional standards contained in this Article. A. Residential Subdivisions Direct access onto highways, arterials, and major collectors, as designated by the Future Thoroughfare Plan, shall be prohibited. In those instances where a corner residential lot that was platted prior to the adoption of this UDC,with frontage on one or more streets designated as a highway, arterial or major collector street by the..Future ThoroughfarePlan, driveway access to said lot shall be provide from the lesser street, with the driveway required to be located as far . from the street intersection as practical. To maintain public health and safety, the City Engineer may:require the installation -of an on-site .turn-around bay :to .provide vehicles with an alternative to backing out near street intersections or-onto street designated by the.Future Thoroughfare Plan. B. Non-Residential Subdivisions/Site Plans 1. Direct access onto highways and arterials as designated on the Future Thoroughfare Plan shall be restricted as follows: a) A minimum distance of two hundred and fifty (2501) feet must be maintained between driveways, as measured from the edge.of pavement to the edge of pavement. b) Driveways shall not be located closer than one hundred and fifty (1501) feet from a street intersection.. Said separation shall be measured fro_ m the edge of pavement of:the driveway to the property line adjacent to a highway or arterial. c) A common. access easement and fire ,lane easement shall be dedicated between adjoining developments whenever practicalalong highways and arterial streets to facilitate shared access. Said easement shall contain a minimum width of twenty-four(24I):feet. 2: Direct access onto major collector streets designated on the Future Thoroughfare Plan; shall be restricted as follows: a) A minimum distance of one hundred and fifty (1501)feet must be maintained between driveways. This minimum spacing shall be measured from the edge of pavement to the edge of pavement. b) Driveways 'shall not be locatedcloser than seventy-five (751) feet from a street intersection..- Said separation shall be measured from the edge of pavement of the driveway to the property line adjacent to a.highway or arterial. c) A.common access easement and fire lane easement shall be dedicated along the roadways to facilitate shared access: d) Driveway access.to..residential.lots from major collector streets shallbe limitedto the greatest extent practical. 3. . Direct access onto minor collectors shall be restricted as follows: a)- . A minimum distance of one hundred(1001).feet must be maintained between driveways. This minimum spacing shall be measured from the edge of pavement to the edge of pavement. b) Driveways shall.not be located closer than fifty. (500) feet from a street intersection. Said separation shall be measured from the edge of pavement of the driveway to the property line adjacent to a highway. or arterial. 311 Cibolo_Unified Development Code ontn XX,203 c) A common access easement and fire-lane easement shall be dedicated along the roadways to facilitate shared access. d) Driveway access to residential lots from minor collector streets is permitted but should be limited to greatest extent practical. 4. Driveway approaches-, curbs, gutters, pavements and appurtenances on public property and other facilities to provide access to abutting properties in-the City and ETJ in connection with platting or building construction shall be constructed, provided, altered or repaired in accordance with the standards outlined below and the Cibolo Design and Construction Manual. . 5. All driveway approaches shall comply with the following standards. a. Sidewalk to Be:Removed. Where a iiriveway approach is„designed to cross an existing.sidewalk; the sidewalk included in the driveway approach area shall be removed and reconstructed as a driveway approach unless the City Engineer has determined that the section of sidewalk fully complies with the requirements of this section for driveway approaches. The area across the driveway will be jointed and edged as a sidewalk. The depth and design for the sidewalk will be consistent with the.driveway approved design and will be consistent with.ADA regulations. b. Removal of Curb and Gutter. Where a driveway approach is to be constructed at a location where,a curb and gutter is in place, the curb and gutter shall be removed to the nearest existing construction joint or anew construction joint formed by other methods as may be approved by the City Engineer. The driveway approach shall be constructed in accordance with the Cibolo Design and Construction Manual. c. Drainage. Driveway approaches shall.be designed to prevent the entrance of water from the street.onto private property, except that a drainage system may be.provided within the property to handle water coming from the street. Driveway approaches” and related drainage systems shall be constructed in accordance with the Cibolo Design and Construction Manual. d. Radius.: Driveway approaches shall be constructed with either flared side slopes or with return curbs having a rolled face disappearing at the sidewalks and joining the street curb with a radius to conform to the Cibolo Design and Construction Manuel. Flared side slopes shall be used whenever a curb . return may present an architectural barrier within a pedestrian path. Driveway flares shall not extend in front of the adjacent.property. The radius shall continue beyond the sidewalk to the end of the required dimension. 6. Design Criteria. Driveway widths shall comply with the criteria listed below in Table 18-4. For commercial and industrial uses that will obtain driveway access from a state highway,.driveway widths shall be governed by TxDOT standards and shall not be limited by the requirements of Table 184. Commercial and industrial uses on other rights-of-way may be allowed additional driveway width,subject the approval of the City Engineer and the findings of a professional traffic engineer licensed to practice in Texas to accommodate the needs of trucks or other oversized equipment that will utilize the proposed driveway. The Fire Chief shall also have 312 Cibolo Unified Development Code.. IVlonthXX 201 the right to require additional driveway width based on the nature of any proposed use and the need:to provide fire protection and emergency access. TABLE 1814 Width of Access 1-Use Classification Standard Minimum Access Width Single Family Residential One car garage 10 feet Two car garages 18 feet Three car garages 26 feet Two Family Residential Two, one car garages 25 feet Two, two car garages 40 feet Commercial (two-way.drive) Recommentled 30 feet I Minimum 26 feet Maximum (up to 175'frontage). 35 feet Maximum (greater than 175'frontage) 52 feet Commercial (one-way drive) 'Recommend ed°(Ingress) .A8feet Recommended (Egress) 18 feet Minimum 16 feet Maximum 25 feet a) Width of Driveway Approach. On local streets the width of any driveway approach shall conform to the dimensions as required by lfhTt - bou Table M 18. ,and the width shall be as measured along the property line, except that driveway approaches for motor,vehicle docks, within'a building,:shall not exceed sixty feet (60'). in width at the property line. The width shall be measured to the centerline of the driveway at the property line where the curb return ends. b) Maximum Space to Be Occupied by Driveway Approaches. Driveway approaches: shall not occupy more than seventy percent (70%) of the roadway abutting frontage of the tract of ground devoted to one particular use. c) Number of Driveway Approaches Allowed. On local streets not more than one (1) driveway approachshall be permitted on any parcel of property with afrontage of one hundred(100')feet or less, except that additional openings may be permitted with the approval of the City Engineer for the necessity.and convenience of. the public. For arterials the . distances shall be 300 feet. d) Driveway Separation. When more than one (1) driveway approach is required to serve a parcel of property, the driveway approaches shall be separated by a minimum distance, as measured between the edge of the driveway and the adjacent driveway or street right-of-way, as required by this section. The-minimum separation from- an arterial or collector intersection shall be 100 feet. 313 Cibolo.Unified Development Code. yVlonth XX,201 7. Single-family and two-family developments are exempt from these standards on all local streets. 8. - Where a property at a corner does not have the necessary frontage to accommodate the required - spacing from the intersection, or an interior property does not have adequate width to meet the spacing .requirements from an existing driveway on an adjacent property, a common access easement with an adjacent property Indy. be utilized to obtain-the necessary spacing. Where site limitations preclude such common access easements, or where cooperation of adjacent property owners cannot be obtained, the City Engineer may authorize a non-compliant driveway, which should be spaced as far from the intersection as practical, provided that the applicant can demonstrate that the proposed drive would result in a traffic safety hazard. . 9. Shared Driveways. Driveway approaches shall be located entirely within the frontage of the premises abutting the work, except that shared driveway access with an adjoining property owner may be permitted provided joint application is made by all interested parties and the requirements of section. 10. Angle of Driveway Approach. O The angle of the driveway approach with the curb line shall be approximately ninety (900) a ree for two- way driveways or forty-five (459) degrees to ninety (901) degrees for one-way driveways. 11. Obstruction of Driveway Approaches. Driveway approaches shall not be constructed or designed so that standing or parked vehicles may obstruct the driveway. 12. Cross Access and Internal Driveways. Cross access easements for internal driveways are encouraged to minimize the number of driveway cuts on streets, thereby maintaining street mobility, and to facilitate traffic flow between adjacent lots. a) May Be Required. A cross access easement(s)for an internal driveway(s) maybe required between adjacent lots; b) Location and Dimension. The location and dimensions of such easement(s)shall be determined by the City Engineer and may be required to be shown on a plat when appropriate. Section.18.17 Sidewalks Sidewalks shall be designated,designed and.constructed as necessary to comply with all requirements of the Cibolo Design and Construction Manual and the additional standards contained in this UDC. A. Requirement Sidewalks shall be required along both sides of all streets throughout the City, except along Interstate Highways 35 and 10. All lots must provide access to a concrete sidewalk. B. Curb Ramps Curb ramps shall be provided at all street intersections at the time of construction:or reconstruction and shall comply with the provisions in the Federal Register 28, CFR part 36,(Americahs with Disabilities Act or ADA) and Texas Accessibility Standards as amended from time to time.. 314 Cibolo Unified Development Code `" onth XX,20T ADA compliant access shall.also be provided to all group, or community, mailboxes. Group mailboxes shall be positioned to allow access to all boxes in the group mailbox to persons who may be in,wheelchairs. C. Location and Width Where sidewalks are required,they shall be installed in accordance with the Cibolo Design and Construction Manual and shall be a minimum of five (6) feet in width in residential areas and six (6') feet in width in commercial areas. Sidewalks shall be placed parallel to the street for the entire frontage(s) of the lot and shall be located a minimum of two (2')feet behind the curb. D.Sidewalk Obstructions Where utility poles, fire plugs or other utility installations occur within the sidewalk width,-the walk shall be offset around the obstacle at its full width. If the available right-of-way is insufficient to offset the walk, the City Engineer must approve the solution to the problem. Either additional right-of-way must be dedicated to accommodating the sidewalk or a"Pedestrian and Sidewalk Easement" must be granted of sufficient width and depth to accommodate the sidewalk. In avoiding obstructions,_the sidewalk design shall be required to comply with all ADA requirements. E. Curbside Landscaping Landscaping in the section of street right-of-way between the curb and sidewalk shall be limited to those"approved" grasses, groundcovers, annuals or perennials listed in Article 18 of this'UDC. The use of mulch as a ground cover is, also acceptable. All other plants, decorative gravel or stone, or otherstructural landscaping elements are acceptable alternatives. F.Timing of Construction Sidewalks shall generally be installed concurrently with the construction of the primary structure on a lot, except on primary or secondary arterials, where they shall be.installed concurrently with the street. For new single-family residential development, this requirement may be deferred until the issuance of building permits. G. Construction Concurrent with Street Construction If-a street is constructed which has no residential lot access, sidewalks must be installed concurrently with street construction. H.Sidewalk Installation Bond At the time that that Final Acceptance is granted for any subdivision, or any.unit or phase of a subdivision, the City shall require the developer to file a Sidewalk Installation Bond equal to valuation of sidewalks that are required to be installed by this UDC but that have not yet been constructed. The City shall release the Sidewalk Installation. Bond at such time as all required sidewalks are constructed. I. Corner Lot Where sidewalks are installed on corner lots, sidewalks shall be installed along both street frontages and shall be extended to the curb with handicapped access ramps in accordance with ADA and TAS standards. . J.Waiver or Deferment of-Sidewalk Installation The City Engineer may recommend that the installation of certain sidewalk sections be deferred to a future date when topographic or other unique conditions exist that may preclude the immediate construction of a sidewalk. In ` those instances, the City Council may accept the City Engineer recommendation to defer the installation of such a sidewalk to a time deemed more appropriate. If the installation of sidewalks is deferred, the developer shall provide a subdivision improvement agreement guaranteeing the installation of a deferred sidewalk. 315 Cibolo Unified Development Code . onth XX 201 K. Retrofitted-and Reconstructed Sidewalks 1. The policy of the City is that continuous pedestrian sidewalks are important public infrastructure and that sidewalks should ordinarily be installed and maintained on both. sides of every block of every City- maintained street, with exception as provided below. 2. Except as specifically authorized by the City Council, significant projects involving the construction and reconstruction of public sidewalks should be included in the annual Capital Improvement Plan. Funds to construct minor projects and perform general repairs of sidewalks may be allocated in the annual budget process. 3. Prior to installation of.a new sidewalk on any street(s), at least 30 days=written notice shall be given to all adjacent property titleholders on both sides of the street and a public meeting scheduled to provide opportunity for public to provide comment regarding installation,of sidewalk in the subject location(s). This section does not apply to new developments where sidewalks are installed by the developer to meet UDC requirements. 4. The City Council may decide by majority vote, based on good reasons including but not limited to the following criteria, to forego installation of sidewalk in a location if: a) A majority of the titleholders of properties on the block(s) attest by their signatures on a petition to be received by the City Secretary by the time of the public-meeting that they are opposed to the installation of sidewalk on their block. This criterion must be accompanied .by at least one of the following circumstances: i. There is insufficient existing public right of way or easement available for installation of sidewalk and it is infeasible to either voluntarily acquire the necessary easement or toincorporate part of the existing roadway for the sidewalk [If the curb'to-curb footprint is to change by . incorporating part of the existing roadway for the sidewalk addition or with expansion, then City Council's considerations will also take into account the impact on surrounding street traffic patterns; or ii. The block(s) are not on a through street(must be accompanied by criterion a.'above; b) Construction of a sidewalk would present inordinate engineering challenges or costs; and c) Construction of a sidewalk would entail the loss of significant tree canopy.. 5. The City shall make every reasonable effort to find creative solutions to problems cited in Section 4 above before deciding to forego installation of sidewalk. 6. The City shall endeavor to remove or minimize obstacles within new or existing sidewalks to the extent possible without incurring significant additional costs. 7. The City standard for.sidewalk width is five feet and all sidewalks below that width shall ordinarily be reconstructed, where feasible according to criteria described above, to conform to the City standard, with the City Council considering the following exceptions: a) Streets in which City Council has previously approved a different width; b) Blocks identified by the City Council as having special need or special opportunity for wider sidewalks (e.g., blocks with commercial or other high-traffic frontage or where property owners bear all or part of the cost of installation). 8. New and reconstructed sidewalks shall comply with all applicable accessibility codes. Every attempt should be made to ensure a buffer between the sidewalk and the curb line of the adjoining street. 9. Sidewalk construction and reconstruction should be conducted in conjunction with Pavement Management and street resurfacing projects and be coordinated with infrastructure development and rehabilitation projects (i.e. water, sewer, drainage projects) to ensure the projects do not conflict. 10. Property owners may petition the City Council for installation of sidewalks that exceed those provided for by.this policy; however, City Council may require-that property owners on the block(s) proposed, if such work is approved, be assessed for the cost of the work. Partial assessment of each property on a block may be required to provide sidewalks were there are unusual costs or difficult engineering requirements. 316 Cibolo Unified Development Code_ �gnthXX 201 , In those instances; the City will agree to pay for its share of the costs: work limited to routine sidewalk construction, but not for other required improvements. Section 18.18 Bike Lanes it is the policy of the City to require bike,lanes along all arterial and collector streets designated on:the Future Thoroughfare Plan of the City Street sections for collector and arterial streets shall be designed to incorporate bike lanes designed in accordance with the Cibolo Design and Construction Manual. Section 18.19 Linear Parks It is the policy:of the City to.reserve appropriates paces that may be interconnected into a linear park network. The City Council may require that any drainage or utilityeasement that provides a connection or connections to adjoining neighborhoods or an existing or proposed linear park network also be designated as a public access easement for the purpose of providing pedestrian and bicycle access and may request parkland dedication for this.purpose in accordance with this UDC. Linear parks, when proposed or where required, must be designed in accordance with the Cibolo Design and Construction Manual. 317 Cibolo Unified Development Code. onth XX,202 ARTICLE 19. GENERAL SUBDIVISION STANDARDS - . Section 19.1 General A. Conformance to Adopted Plans and Studies All subdivisions shall conform to the Comprehensive Master Plan; Future Thoroughfare;Plan, Future Land Use Map, Capital Improvements Program and all Master Drainage and Water/Wastewater Plans and Studies for orderly and unified development of streets; utilities, neighborhood design, and public land and facilities, as well as other provisions of this UDC the Cibolo Design and Construction Manual any other applicable ordinance or code; all of which represent minimum values necessary for the health, safety and welfare of the community. The design engineer and developer are required to meet or exceed the requirements of these standards by providing more conservative design criteria but are not allowed to fall below the standards of this UDC. Where there is a conflict between-the regulations contained within this Article and regulations.or standards contained within.any other ordinance, code or regulation of the City, the more restrictive regulation shall apply. Approval of plans and specifications by the City shall not.be construed as relieving the:design engineer/developer of responsibility for compliance with this UDC, nor with any other local, county or state authority having jurisdiction. B.:Achieving Desirable Neighborhood Development Residential subdivisions shall be designed to take advantage of the principles and general designs for neighborhood development as established by the Comprehensive Master Plan and the Planning and Zoning Commission in order to achieve the most advantageous development of the entire neighborhood unit in which the subdivision is located. C. Provision for Future Subdivision All subdivisions shall be so arranged as to allow logical further subdivision and opening of future streets and shall coordinate with adjoining.existing and/or future subdivisions. D. Standards for Site Improvements All streets, alleys, sidewalks, utility installations and other site improvements required to be installed by„the subdivider,under the provisions of these regulations shall conform to all requirements of this UDC,the Cibolo Design and Construction Manual and the standards and requirements of any other agency responsible for design, construction methods and standards, payments, refunds, credits and other financial arrangements. E. Conformity with the City Design and Construction Manual All public improvements shall be designated, designed and constructed as necessary to comply with all requirements"of the Cibolo Design and Construction Manual. Land proposed for development in. Cibolo and the Cibolo ETJ shall be served adequately by essential public facilities and services, limited to water facilities, wastewater facilities, transportation facilities, and drainage facilities, as set forth in this UDC. Land shall not be approved for-platting or development unless and until adequate public facilities necessary to serve the development exist or provision has been made for the facilities, whether the facilities are to be located within the property being developed or offsite. F.Adequate Service for Areas Proposed for Development Land proposed for development in the City and in the City's ETJ must be served adequately by essential public facilities and services, limited to water facilities,wastewater facilities,transportation facilities, and drainage facilities, as set forth in this UDC. Land shall not be approved for platting or development unless and until adequate public facilities necessary to serve the development exist or provision has been made for the facilities,whether the facilities are to be located within the property being developed or offsite. 318 Molo.Unified Development Code yl?onth XX 241' Section 19.2 Monuments and Lot Markers A. Horizontal Survey Reference Monuments Horizontal monuments shall be placed at all block corners, angle points., points of curve, and all corners of boundary lines of the subdivision.A monument shall be made of an iron stake one-half(1/2");inch in diameter and twenty-four (24") inches-long centered-in a minimum of six (6") inches,in diameter and twelve (12") inches long.,The iron stake should be left one-half;(1/2") inch above grade with a surveyor's aluminum or plastic cap, stamped with the surveyors' registered number or firm. Monuments shall be identified on the plat with elevation and the elevation shall be stamped on top of the monument. B.-Other Markers All other survey markers, such as lot corners, shall have an iron stake one-half(1/2") inch in diameter and twenty- four (24") inches long and shall be placed flush with the ground, or below ground, if necessary, in order to avoid being disturbed. C. Monument Placement and Verification Monuments and lot markers shall be set immediately after completion of all required infrastructure improvements. Prior to acceptance of subdivision improvements by the City, the developer's surveyor or engineer shall certify that all monuments and markers are in place and correctly positioned. Section 19.3 Reservations A. Permitted Purposes No land contained within the City Limits and in a proposed subdivision shall be reserved for any.use' other than a use permitted by-the Zoning requirements of this UDC for the district in which:the land to be reserved is located. Land located in the extraterritorial jurisdiction-is not subject to City zoning restrictions but must follow the regulations of the Subdivision Ordinance and any required building codes adopted by the city and as allowed by the Texas Local Government Code: B. Designation on Plat. The specific use for which each piece of land is to be reserved must be shown by appropriate label or:description on the subdivision plat. Provision for future abandonment of a reservation as may be appropriate must likewise be shown on said plat. Vacation of a previously dedicated easement or right-of-way must likewise be indicated as a vacating instrument on the plat. C. Schools ..The location and size of school sites in accordance with the Inter-local Agreement executed between the City and Schertz-Cibolo Universal City Independent School District. D. Minimum Size and Maintenance of.Reserved.Tracts Reserve tracts shall have a minimum area of iue 5 acres. Smaller reserve tract sizes may be considered by the Planning and Zoning Commission upon.the developer providing rationale for such a reservation. In all instances where reserve:tracts are designated, the plat shall include a general note stating that it shall be responsibility of the developer, or a Homeowner or Property Owner Association to maintain the reserved tract. E. Remnant Tracts Prohibited When;platting or developing property, the creation of a remnant,or undevelopable, tract of property shall be prohibited. 319 Cibolo.Unified Development Code onth XX,202 Section 19.4 Block Design All lots less thansixty OR feet in width platted after the effective date of Ordinance 1261 (passed inApril 2,3, 019 are required to take vehicular access from an alley. Alley desi nand construcfiion shall conform to al re o uirements of this UDC and the Cilaolo Desi�struction Manual. B:. The length, width and shape of blocks will be determined with due regard to: 1. Provision of adequate building sites suitable to the special needs.of the type of use contemplated (note that the Planning and Zoning Commission may require that the block and lot size bear reasonable relation to the planned use of the land); 2. Zoning requirements as to lot sizes and dimensions; and 3. Need for convenient access, circulation, control and safety of.street traffic. C. In general, intersecting streets shall be used to determine the block lengths and widths and shall be provided at such intervals.as to serve cross traffic adequately, and to meet existing streets or customary subdivision practices. D. .A deviation from the standards of this section may be considered in cases where.physical barriers, property ownership or adjacent existing subdivisions. create conditions where it is appropriate. The length may be increased or decreased to meet the existing conditions having due regard for connecting streets, circulation of traffic and public safety. E. In general,'block lengths.along minor or secondary streets shall not exceed 1,400 feet or be less than 500 feet. Along arterial streets, blocks shall not exceed 1,800 feet or be less than 900 feet. For a residential subdivision, block length shall be that distance measured along.the centerline of the street from the intersection center point of one through street to the intersecting center point of another through street, or to the mid-point of a cul-de- sac. F. Blocks shall be numbered consecutively within the subdivision and/or sections of an overall plat. 19.5 Easements and Utilities -A. General. The subdivider shall dedicate or.grant easements for poles,wires, conduits, storm sewers,water lines, open drains, gas lines, or other utilities as follows: 1. All utilities, including, but not limited to, electrical wiring, natural gas; telephone, cable, internet and security systems, shall be located in the front yard, shall be installed underground and shall be maintained in accordance with all applicable City codes and regulations for such systems. Any utilities required to be placed above ground must be placed on steel poles or another material with comparable strength and durability, as approved by the City Engineer and affected utility provider, meeting the requirements of the City and the applicable utility provider. Routine-maintenance of grass and weeds in all easements shall be the responsibility of the owner on whose property the easement is located, excepted where expressly stipulated to be maintained by some other party. 2. A minimum of a ten (10') foot utility easement shall be required across the front portion of lots (both street sides on corner lots) other than along boundary lines. Easements at other locations on a lot shall'be determined by any utility provider franchised to provide service in Cibolo; 3. sere drainage easement or right=of=way s not locatedwithin a re ulato flood Iain an easement o sufficient width shall be provided where a creek, stream, or tributa flows through a subdivision :to accommodate future access for construction and maintenance. 320 Gbo/o,Unified Development Code onth XX,201._ Pe,follbWinq table provides the re uired drainageeasements: Table 1 hannel T Easement Widt oncrete lined channel or Flum Five (5) feet beyond the limit of both tops-of bank an (BW'<10-feet and:depth less than 6-feet) ccess to a public ri ht-of-wa . oncrete lined channel or Flum 0 feet on one side with access to the easement from aved public right-of-way beyond the top bank and 5 fee. . MN>10 feet and all depths greater than-6 feet) beyond the opposite top of bank. 0 feet on one side with access to the easement from rass lined Channe paved public right-of-way beyond the_to bank and 5 fee 1e (All depths and sizesa and the opposite to of bank. Underground Storm Drain ruts�iide t centered on the alignment or 5 feet beyond th limit of the conduit, whichever is neater. Where a,drainage easement or right=of-way is located within a regulatory floodplain, the limits of the Zon A' or Zone "AE' flootl,plain will be dedicated to the City along with an additional buffer width of thirty 30' eet on either side of the flood lain. 5. Grant access easement at all bridges and street crossing large enough for City equipment and workers access for maintenance. 6. Easements and utilities shall be designated, designed and constructed as necessary to comply with all requirements of the Cibolo Design and Construction Manual. 7. Easements shall be considered a part of the lot area, for purposes-of minimum lot size requirements and for purposes of property maintenance. Weeds and grass in all easements shall be maintained by the property owner,HOA, or Property Owner Association on which the easement is located in accordance the City.Code of Ordinances provisions for high weeds and grass. 8. Unless expressly stated on a recorded plat, the day to day maintenance of all easements, with respect to owing and related aesthetic considerations,'shall be the responsibility of the owner except floodplain hViddh will not be meiReaintaihsponsibility for maintenance, unless otherwise noted on the recorded plat drill b ftn-whale l i-hd4l ie ea ems^} '^^ated era the responsibility of th HOA designated by the Deeds,. Restrictions and Covenant of the development in which the easement(s) is/are located. 9. A property owner whose property is subject to any easement, including but not limited to drainage, shall be responsible for its maintenance and shall keep it free and clear of any permanent building or structure. No building permits shall be issued to place any building or other improvement on, over, or within such easement, in whole or part. 10. The owner of the property upon which the utility easement is located may fence across the easement if such fencing is so desired, providing that by placing such fencing across the easement or by allowing such fence to remain across:the easement, the owner shall be conclusively presumed to:have consented to permit reasonable access to the utility easement and any utilities therein by any affected utility company over other unfenced portions of the landowner's property and to have indemnified the easement holder against any damages that may occur to a fence during the normal course of maintaining the said easement. B. Utility Location Policies 1. It shall be the policy of the City Council to require that all developments located within the City to request 321 Cibolo Unified Development Code onthXX,201 City water and sanitary sewer service. Should a development be located in the CCN boundaries of another utility purveyor, the applicant shall invoke applicable state statutes, as amended, and formally request that the City provide utility service(s). The City shall determine if the City can provide the requested utility service(s)to the development. 2. It is in the City's best interest to coordinate and regulate the placement of public and private utilities in the public right-of-way and in easements on private property. Such regulations and coordination shall be managed under the general_guidelinesof this UDC. 3. Utilities are to be placed in accordance with the Cibolo Design and Construction Manual. 4: The subdivider shall be responsible for ensuring that utility providers are given a coordinated schedule for the installation of respective facilities, including sufficient notice of desired installation dates. Prior to the start of curb and pavement installation,the subdivider shall obtain a written release from each utility provider indicating that required utility installation is complete. or shall ensure that subsequent installation of these utilities is performed in a manner that does not cut or otherwise damage newly constructed streets that will be dedicated to the public. 5. The subdivider.shall be responsible for providing the City Planner with adequate information to show the exact locations of all utilities installed. No public facilities or improvements shall be accepted for dedication until such:as built plans or record drawings, as required herein. 6. In those instances where existing utilities in easements on private property need to be replaced, such utilities shall be relocated within nearby public rights-of-way in accordance with the location criteria of this UDC and Cibolo Design and Construction Manual. 7. There shall be enough right-of-way along local and collector streets for utilities and solid waste pick-up, except where alleys or other easements allow for these services to be located off-street. 8. There shall be enough:right-of-way such that sidewalks and related pedestrian activity is not impeded by the location of utilities, including solid waste pick-up, fire hydrants, and utility poles. 9. In .those instances where unusual circumstances arise, not specifically covered by foregoing provisions and/or referenced location criteria, the general intent of this UDC shall be used to guide the placement of utility facilities. 10. In accordance with Article 18 of this UDC, it is the policy of the.City to reserve appropriate spaces that may be interconnected into a linear park network. The City Council may require that any drainage or utility easement that provides a connection or connections to adjoining neighborhoods or an existing or proposed linear park network also be designated as a public access easement for the purpose of providing pedestrian and bicycle access and may request parkland dedication for this purpose in accordance with this UDC. Linear parks, when proposed or where required, must be designed in accordance with the Cibolo Design and Construction Manual C. Roughly Proportional Responsibilities of Developer The subdivider shall be responsible for the cost of all design, engineering,. labor, and construction costs that are roughly proportional to the utility and drainage improvements required by this UDC, except to the extent that this section specifically provides for full or partial payment by the City. The provisions of this section shall apply:to resubdivisions as well as to subdivisions. Specifically, the developer shall be responsible for the rough proportional costs of the following: 1. Phasing of development or improvements in order to ensure the provision of adequate public facilities; 2. Extensions of public facilities and roadways, including any necessary on-and off-site facilities, to connect- to existing public facilities; 322 Cibolo Unified Development Code onth XX,202' 3. Providing and/or procuring all necessary property interests, including rights-of-way and easements,for the facilities(whether on-site or off-site); 4. Providing proof to the City of adequate public facilities; 5. Making provisions for future expansion of the public facilities as needed to serve future developments, subject to the City's oversize participation policies; if applicable; 6. Providing for all operations and.maintenance of the public facilities, or providing proof that a separate entity will be responsible for the operations and maintenance of the facilities; 7. Providing fiscal security required for the construction of the public facilities; 8. Obtaining approvals from the applicable utility providers other than the City; and 9. -Complying with all requirements of the utility providers, including the City and applicable drainage districts. Nothing in this chapter shall be construed to require any dedication or construction that:is not explicitly required by the standards within this UDC. D. Roughly-Proportional Developer Responsibilities for Off-Site Utility/Drainage Improvements Where a subdivision is adjacent to or is served by utility and/or drainage facilities that do not meet the City's minimum standards for utility and/or drainage design or construction, the subdivider shall make the improvements to the substandard facilities as are roughly proportional to the utility and drainage impacts generated by the subdivision. Said improvements shall be established through the completion of a Utility and/or Drainage Impact Analysis that-meets the minimum standards specified in this Article. The City may, at its.discretion, participate in the costs to oversize the improvements with the subdivider as set out herein and subject to the City's participation - policies regarding oversizing improvements. E. Necessity for Easement Dedication and Construction 1. Support for New Development a) - New development must be supported by adequate levels of public facilities and services, as required and defined herein, and as limited by Section 19.6.C. b) It is necessary and desirable to provide. for dedication of rights-of-way and easements for capital improvements, as limited by Section 19.6.0 herein, to support new development at the earliest stage of the development process. 2. Developer Obligations; Dedication and Construction of Improvements The developer shall dedicate all rights-of-way and easements for capital improvements within the rights-of- way or easements for those water,wastewater, road or drainage improvements needed to adequately serve a proposed development consistent with the:applicable master facilities plans and construction-design standards, as limited in Section 19,6,C, and shall construct said improvements, whether:the facilities are located on, adjacent to or outside the boundaries of the property being developed in accordance with this UDC. 3. Timing of Dedication and Construction a) Initial Provision for Dedication or Construction. The City shall require an initial demonstration that a proposed development-shall be adequately served by public facilities and services; as limited in Section 19.6.C, at-the time for approval of the first development application that ortra s a s ecific Ian of develomerit; including but not limited to.a petition for establishing S overlay zoning district; a petition for an annexation agreement or a development agreement; an application for a Land Study, or an application for a Preliminary Plat or Final Plat. As a condition of approval of the development application, the :City may require provision fordedication of rights-of-way or easements for, and construction of, capital improvements to serve the proposed development. . 323 Moto Unified Development Code. onth XX,201 b) Deferral of Obligation. The obligation to dedicate easements or rights-of-way for or to construct:one or more capital-utility or drainage improvement to serve a new development:may be deferred until approval of a subordinate development permit, or, in the case of a development proposed to be developed in phases, until a subsequent phase of the development, on the sole discretion of the.City, upon written request of the :property owner, or at the City s own initiative. As a condition of deferring the obligation, the City may require that the developer enter into a capital improvements agreement pursuant to Article 20 of this UDC, specifying the time for dedication of easement or rights-of=way for or construction of capital improvements serving the development. c) Relief from Obligations. In order to achieve proportionality between the demands created by a proposed development on public :facilities and the obligation to provide adequate public facilities, as limited in Section 19.6.C, the City may participate in the costs of public facilities in accordance with this Article or relieve the property owner of some or part of the obligations in response to a petition.the City Manager for relief from a dedication or construction requirements. Petitions seeking,relief that are denied by the City Manager. may be appealed to the City Council. 4. Utility/Drainage Participation Policies-Improvement to Adjacent Utilities and Drains a) :Improvement of Fair Share of.Substandard Utility and Drainage Facilities. When an area within a proposed plat,whether residential or nonresidential, abuts on one or both sides of an existing substandard, or non-existent, utility-and/or'drainage facility, or a planned or future utility, or drainage facility as shown on the City's adopted plans or capital improvements program related to Water, wastewater and/or stormwater, the developer shall be required to improve its roughly proportional share of the utility and/or storm drainage facilities and water quality or erosion controls, and utility facilities, to bring the facilities to City standards,or to replace them with standard City utility or drainage facilities at no cost to the City. b) Calculation Cost. i. The developer's share of improvements to a substandard utility or drainage facility shall be the complete cost required to design and construct the utility or drainage facility to a level of service that complies with the standards and requirements of this UDC to adequately serve the proposed development.- ii. The City may participate in the costs of improvements in excess of the developer's fair share obligations and where such costs are not borne by another public entity, in cases where the application of the standards in this Section result in a developer paying more than their roughly proportional share of the cost, as determined in accordance by a City retained engineer or when the oversizing of required utility or drainage improvements is determined to be:in the interest of the public to address health or safety issues or to complete-public improvements to a level_ of service identified in the capital improvements program-or an approved plan or study.. 5. Improvements. All required utility and drainage improvements shall be constructed in accordance with the Cibolo Design- and Construction Manual. 324 Cibolo Unified Development Code onth XX,ZDIl F. Utility Easements Utility easements shall be provided for the installation of utilities in accordance with the requirements of the City and any utility provider. Weeds and grass in all easements shall be maintained by the property owner, HOA, or Property Owner Association.on which the easement is located in accordance the City Code of Ordinances -provisions for high weeds and grass. G. Drainage Easements 1. When a subdivision.is traversed by a watercourse, drainage.way, channel, or stream, a storm water easement or drainage rights-of-way (ROW) shall be provided.Said easement or drainage ROW shall substantially encompass the boundaries of said water course and shall be of sufficient width,in accordance - with the Design and Construction standards of this.UDC. here a drainage easement or right of-way i orated within a regulatory floodplain, the limits of the Zone 'A' or Zone 'AE'floodplain will be dedicated t he Cit alon with an additional buffer width of thi 30' feet on either side ©f the flood•Iain. 2. Drainage or storm water easements may be constructed as open earth channels or concrete drainage structures..Grass lined earthen channels shall be maintained by the developer or their assigns._ 3: The City shall only maintain concrete drainage structures constructed by the City and those structures formally accepted by the City per the provisions of UDC Section 20.3.6: 4. Routine maintenance of weeds and grass in all drainage and utility,easements shall be maintained by the property owner,.HOA, or Property Owner Association on which the easement is located in accordance the City Code of Ordinances provisions for high weeds and grass. H.Access Easements In an effort to reduce the congestion created by a number of driveways along street rights-of-way while maintaining adequate access to developments, the City may allow Access Easements to be dedicated within and across developments of similar use. These easements.shall-be a minimum of twenty-four(24') feet in width and meet the minimum Cibolo Design and Construction Manual standards of this UDC. I. Electricity Electric connections are to be installed according to standards of franchised utilities authorized to provide service in Cibolo and all City.Electrical Codes. All electric lines shall be placed underground and in the front of properties or at any other location deemed to be appropriate by the utility provider. I Natural Gas Natural Gas connections are to be installed according to standards of the--local utility company franchised to provide service in Cibolo and City Fuel Gas Codes. All-natural gas lines shall be placed underground and in the front of properties or at any other location deemed to be appropriate by the utility provider. K. Communications Communication connections are to be installed according to standards of each local utility provider franchised to provide service in Cibolo. All utilities shall be placed underground and in the front of properties, or at any other. location deemed to be appropriate by the utility provider. L. Solid Waste and Sanitation Solid waste collection to:residential, commercial,and industrial customers and for residential, commercial and industrial developers shall be provided by the utility provider(s) awarded the franchise(s) designated by the City Council, in accordance with Cibolo Code of Ordinances, Part 2, Chapter 62 (Solid Waste and Sanitation). 325 Cibolo.Unified Development Code onth XX,201 M. Flood Regulation The City shall review each proposed subdivision; ite Ian and any other development application to ensure that: 1. All proposals are designed with the. re uiremen to minimize isk fro flood elated losses includin damage o structures and loss of lif 2. All public utilities and facilities, such as sewage, gas, electrical and water systems are located and constructed to minimize flood damage. 3. Adequate drainage is provided so as to reduce isk fro flood M hazards and to ensure compliance with this UDC;the Cibolo Design and Construction Manual and City Code of Ordinances Part 2, Chapter 30 (Floods).. SECTION 19.6 PUBLIC AND COMMUNITY FACILITIES A.Specific Intent 1. Anticipate and;evaluate the incremental and long-term impact of development on broader public and community facility needs: 2. Identify opportunities to integrate plans for public and community,facilities into the planning and design of proposed land divisions. 3. Consider the location of public and community-facilities with initial planning considerations for streets, open spaces, blocks, and lots, so that needed facilities are located conveniently in neighborhoods and districts and serve-as focal points for the community. 4. Provide the opportunity to negotiate a fair and equitable price for land_ needed, to develop public or community facilities, or alternatively to provide an incentive for landowners to dedicate land for needed facilities where the lack of facilities may otherwise constrain potential future development. 5. Ensure that the most appropriate locations of public and community facilities are identified and considered prior to the premature commitment of these areas to conflicting development patterns. B. Dedication of Public Sites The City Council may request the dedication of land to the.City or other government entity with jurisdiction over public and community facilities, for parks, playgrounds, open space, public safety facilities, cultural facilities, or school sites wherever parcels proposed for division include locations identified for such facilities in an officialmaster plan for the jurisdiction. The.Planning and Zoning Commission or council shall require that such dedication be in conformance with.the Comprehensive Master Plan,or any similar official plan for parks, recreation, public safety, community, or education facilities. C. Reservation of Land Where the land area shown on such plan for such public sites is not dedicated and serves an impact beyond that caused by the proposed development, the City Council may require that the land be reserved for a specific time period to permit such land to be acquired by the-appropriate public body. D. Credits Any land dedicated to a public entity for.future public or community facilities may request City Council consideration of credits in proportion to thb.value of the land dedicated for public use'.This requirement does not pertain to require. parkland dedications or any easements. In order to receive credit, the site must be acceptable to the public entity. E. Connection to Linear Parks Per Article 18.19 of this UDC, it is the policy of the City to reserve appropriate spaces that may be interconnected into a linear park network. The City. Council may require that any drainage or utility easement that provides a connection or connections to adjoining neighborhoods or an existing or proposed linear park network also be designated as a public accesseasement for the purpose of providing pedestrian and bicycle access and may request parkland dedication for this purpose in accordance with this UDC. Linear parks, when required or where proposed, must be designed in accordance with the Cibolo Design and Construction Manual. 326 Cibolo_Unified Development Code ,Month XX.2D2 Section 19.7 Water Systems Water systems shall be designated, designed and constructed as necessary to comply with all requirements of the Cibolo Design.and Construction Manual and the additional standards contained in this Article. A. Installation of Water Facilities All lots, tracts or parcels,on which development is proposed shall be connected to a public water system which has capacity to provide water for domestic use and emergency purposes, including adequate fire protection. Where water is to be provided through the City system, the developer shall install adequate water facilities, including fire hydrants, in accordance with all applicable-regulations of the State, the City and any other agency regulating public water systems. Where water is to be provided by Green Valley Special Utility District, or any other water utility; the developer shall install adequate water facilities, including fire hydrants, in accordance with all applicable regulations of that utility provider, the State, the City and any other agency regulating public water systems B. . Alternative Water Sources 1. An alternative source of non-potable water within a development may be used for irrigation or other similar purposes, subject to City approval and the obtaining of all appropriate permits from the City, State and any other applicable agency. An alternative water source may not be used for potable water supply under any circumstances. The design and construction of water system improvements and alternative water sources shall comply with the,rules and regulations of the City, State or any other applicable agency. 2. Any alternative potable water facilities connected to the City water.system shall be capable of providing water for-health and emergency,purposes, including fire protection. Water supply facilities shall be in accordance-with all city code and design requirements. The design and construction of water system improvements and alternative water sources shall also comply with the following standards: a) Design and construction of a water source on the site shall be in accordance with applicable regulations of the TCEQ. b) Design and construction of water service from the City shall be in accordance with the standards in the Cibolo Design and Construction Manual. c) Design and construction of fire protection and suppression systems shall be in accordance with the Cibolo Design and Construction Manual, building and fire codes and local amendments. C. Location and Cost of Installation The location of all fire hydrants, all water supply improvements and the boundary lines of special districts, private systems and certified water service areas, indicating-all improvements proposed to be served;shall be shown on the construction plans.The cost of installing all water supply improvements to be made by the developer, including off-site improvements, shall be included in the performance guarantees furnished by the developer. D. Extension of Lines 1. Extension of water and wastewater lines shall be made along the entire frontage of the subdivision adjacent to a street:or thoroughfare. 2. If the subdivision is not adjacent to a.thoroughfare, the extension of utilities shall be accomplished in such a mann.eras to allow future connections to said utilities by new subdivisions. 3. If new subdivisions will never be constructed beyond a developing subdivision due to physical constraints, the City may consider waiving the requirement for adjacent utility line construction at the time of final plat approval and prior to construction of the subdivision. 4. Except when expressly stipulated in an adopted Annexation Service Flan, the City is not obligated a eaten ater lines to •roviae water service at fihe ex ense of fihe C*it . l he Ci is obligated to allow owners to u 327 Cibolo Unified Development Code onth XX,�`%201". nto existing"City water mains why ei, 6 following obligations are met capacity__}a�abl�e�a�u�olu�nta F'' . nnexation petition is received fro :h,hejdeveloper andior:property{owner,a ndFwhenpalpropertyworn%nerbear. he expenseofextending`thesaid w,aterlme�to ak�pr,;opertyRequests for'such antensi�on�mbeprouide2 o the City Manager, Director of Planning and Engineering or to the Director of PuYbhc Woks Appeals fro he decisionxofthe;Cit.",Masa er odesi�nee for such an''extenson ma' be conside elf b, 'the Cit Council` _ .. :: a e, 5. Uses,.lots or acreage, in existence prior to their annexation into the City shall not be required to connect to a public or private water system purveyor unless the City determines that a water connection is necessary to: a) Prevent imminent.destruction of property or injury to persons; b) Result in the removal or mitigation of a public nuisance; c) Relate to the storage and use of hazardous substances or processes; or d) Relate to the sale and use of fireworks If any of the above conditions exists and the City determines that a water connection is necessary, the City shall provide due notice to the affected property owner and allow the owner up to one (1) year from the date of sending the initial:notice to make the required service connection. 6. Lots or acreage in existence prior to its annexation into the City shall not be required to connect to a public . or private water system purveyor until such time as when the lot or acreage is subdivided or developed for any use, other than one single-family residence or foragricultural purposes. The Director of Planning and OMMORiF.R.-MeN 5-MEn ineerin a of en or City Manager shall have the discretion to waive this requirement when an opportunity for a connection to a public or private water system purveyor is not practical or possible. E. Reimbursement for Required Excess Capacity Where the size of water lines required to meet the ultimate requirements for the City is larger than the minimum size of line required to comply with the standards of this UDC, the City may enter into a contract with the owner, developer, or entity constructing the lines for reimbursement for the excess capacity as other users request and are granted service. The developer or entity requesting service from an existing line shall pay a utility extension fee on a prorated basis, as hereinafter set forth. The reimbursement to the owner, developer, or entity that paid for the line construction shall be made only from those utility extension fees paid to the City by users of the facility paid for by the said owner, developer, or.entity. The pro-rata basis for the utility extension The shall be computed based upon the projected capacity in terms of dwelling units as specified by the engineering criteria approved by the City Engineer. The basis for cost shall be the actual total cost of the facility,which shall include,_but shall not-be limited to construction costs, engineering costs; and inspection costs. The totalcost shall be divided by the projected capacity of dwelling units, to determine the base utility extension fee. The maximum period of time for which a reimbursement may be offered shall be limited to three (3)years. F. Fire Hydrants Fire hydrants shall be required in all developments in accordance with the City Fire Code and all local amendments, as well as applicable provisions of the Cibolo Design and Construction Manual. G. Individual Wells 1. Within the City Limits, new development may not be served by individual wells. This requirement shall not pertain to tracts of property larger than five(5) acres in area on which a single residence is proposed to be. constructed and where water service is not available. 328 Cibolo Unified Development Code onth XX,201 2. Individual wells in the ETJ shall be subject to approval by the appropriate county health official. If a well is proposed with a plat, the developer must submit a certificate from a professional engineer registered in Texas or a geoscientist licensed to practice in Texas verifying the adequacy of the proposed source of well supply prior to plat approval. If the well water is intended to be the primary water source to meet adequate public facilities requirements, the developer must submit a. certificate from a professional engineer registered in Texas or a geoscientist licensed to practice in this state, or a report from an independent testing laboratory, verifying the adequacy and quality of water for human consumption of the proposed source of well supply prior to plat approval. 3. Compliance with Other Regulations. Installation, operations and maintenance of individual wells shall comply with City standards, regulations of the TCEQ, any other applicable State rules and regulations, and applicable regulations of groundwater conservation districts. In the event of conflict among these regulations,whichever is the most stringent shall apply. H. Design and Construction All water facilities within a subdivision shall be designed and constructed to the standards as set forth in the Design and Construction standards of this UDC. Said facilities shall meet all, State and federal regulations pertaining to approved public water systems including regulations regarding the preparation, submittal and approval of plans and specifications for water systems. Design of water facilities shall also be in conformance with all laws, policies, standards, rules and regulations for establishing the fire insurance key rate for the City.. Section 19.8 Wastewater Systems Wastewater systems shall be designated, designed and constructed as necessary to comply with all requirements of the Cibolo Design and Construction Manual and the additional requirements of this Article. A. General All lots within a subdivision shall be provided with a connection to an approved public wastewater system unless otherwise approved by the City. Establishment of a private wastewater utility district within the City or within the City's ETJ shall be subject to City Council approval. B. Installation of Wastewater Facilities All lots,tracts or parcels on which development is proposed shall be connected to a public wastewater system which has adequate capacity for proper disposal and treatment of wastewater. Where wastewater_is to be provided through a centralized system, the developer shall install adequate facilities, subject to the standards and specifications of the City and state design criteria for wastewater systems. Where insufficient capacity exists downstream of a proposed connection, the replacement and upsizing of the existing main is required of the developer. The installation of a parallel main shall be subject to approval by the City. C. Location and Cost of Installation The location of all wastewater improvements and the boundary lines of special districts, private systems and certified areas, indicating all improvements proposed to be served, shall be shown on construction plans. The cost of installing all wastewater improvements to be made by the developer, including off-site improvements, shall be included in the performance guarantees furnished by the developer. D Future Extension of Lines Pipe stub-outs shall be located in manholes to facilitate the future extension of wastewater lines. The City Engineer will determine the location and size of the stub-outs. 329 Molo.Unified Development Code onth XX,201- E. Reimbursement for Required Excess Capacity Where the sanitarysewer lines required to meet the ultimate requirements for the City is larger than the minimum size of lines required to comply with the standards of this UDC, the City may enter into a contract with the owner, developer,.or entity constructing the lines for reimbursement for the excess capacity as other users request and are granted service. The developer or entity requesting service from an existing line shall pay a utility extension fee on a prorated basis, as hereinafter set forth. The reimbursement to the owner, developer, or entity that paid-for the line.construction shall be made only from those utility extension fees paid to the City by.users of the facility paid for by the said owner, developer, or entity. The pro-rata basis for the utility extension fee shall be computed based . upon the projected capacity in terms of dwelling units as specified by the engineering criteria approved by the City Engineer. The basis for cost shall be the actual total cost of the facility,which shall include, but shall not be limited to construction costs, engineering costs, and inspection costs. The total cost shall be divided by the projected capacity of dwelling units,-to determine the base utility extension fee. The maximum period for which a reimbursement may be offered shall be limited to three (3)years. F. On-Site Sewage Facilities (OSSF) 1. In the Cibolo ETJ, the use of OSSF for the treatment and disposal.of wastewater shall be subject to the approval'of Guadalupe County. The minimum lot area for residential subdivisions shall be a minimum on.e (1)acre(43,560 square feet). OSSF shall be installed on each lot concurrent with any development thereon and the design of such system and the method of installation shall conform in all respects to the standards and specifications of such, County and the State of Texas for OSSF. 2. In the City, the use of OSSF for the treatment and disposal of wastewater shall be permitted only if: a) Sanitary sewer service is not available to the property; . b) Existing sanitary sewer service main is located more than 200 feet from the from the front of any building using an OSSF; c) The extension of sanitary sewer.service to.the property_ is not included in a funded public or private infrastructure project; or d) The proposed OSSF is approved by Guadalupe County and by the City. 3. The minimum lot area for residential subdivisions shall be a minimum one (1) acre (43,560 square feet). The OSSF shall be installed in accordance with all design standards and specifications of the City, County and State for OSSF. 4. For existing OSSF systems.and those OSSF systems that may located on properties annexed into the City, those systems are entitled to continue to manage wastewater service provided that the OSSF complies with all applicable County and State standards and specifications until such time as when the OSSF needs to be refurbished or replaced. If the existing OSSF is located within two hundred (2001) feet of an existing or proposed sanitary sewer main, the property owner shall be required to tie onto the existing or proposed sanitary sewer main, at the property owners expense, when the cost of replacing or refurbishing the OSSF exceeds the cost of tying on to the sanitary sewer main. 5. In those instances where a sanitary sewer connection is necessary, the Director of Planning and 97ey7elnnmcra+ CnniinnC Llirc E=n ineerin and affected property owner7Fs'shall coordinate on a case by case basis to develop a time frame to complete the required service connection. G.Extension of Lines Gv'c�cvcF�i 1�rhnn��nlr�rcllc4i r,r rl�+arl irr-1��n��� �,x�;in��on���r`�Dl�n F.hn(�iii is ren ink yy1,,.1,1�_CQ�t � 1-F}tQ►�F-sewer-' a - -Mr.. - WER - 'no} t�nrfii R.onr roc#c fmc Cr inh �n nu♦'nnCinn mr ic4{acs nrn in 330 . Cibolo Unified Development Code ontliXX,20i Exceptwhen expresspulated m an adopted Annexation Service Plan;the City is not obligated to extend sancta ewer lines to providesewageservice at the expense of{the City: The City is obligated to allow owners to tie ont g tyryfsewer ywhen 'the following obligations ar'e met capacity is available a vol ita untar xistin Ci san <,marns nnexafiion petifiion is receuedithe de"veloper'.and/or property owner and:when a property owner bears fifn' xpense of extendnngthesasa d sewerline to,a property ,Requests for such an extension^mu'st be prou�ded to th ity Manager,_D4irectorofY Planning�andf Engineering or fio,the Director o'f Public Works_ Appeals from the d'eci5io fthe�Cif:.•Nana er ordesi�nee fo"r such an extension ma be considered b the Cif Council. Section 19.9 Drainage and Flood Hazards A. Specific Intent 1. Protect human life and health; ;Minimize:Josses47om'.flood related dam'a es to personal and commercial-properties and structures 3. Minimize expenditure of public money for costly flood control projects; 4. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken. at the expense of the general public; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric,telephone and sewer lines, streets and bridges located in flood plains; 6. Help maintain a stable tax base by providing for the sound use and development of all areas in such a manner as to minimize future flood blight areas; 7. ensure that-potential buyers are notified that property is in a flood area; 8. Secure review and approval of the method for handling and disposing of storm water runoff in the City and its ETJ,and securing review, analysis;and approval by the appropriate authority of the design,construction, and maintenance of drainage way facilities in conformance with the Cibolo Design and Construction Manual; 8. Impose standards and conditions upon the excavating, grading, filling, and berming of the land within the City in conformance with the Cibolo Design and Construction Manual; 9. Minimize the danger that materials may be swept onto other lands causing injury to others; 10.ensure the safety of access to property in time of flood for ordinary and emergency vehicles.- 11. ehicles;11. Minimize prolonged business interruptions,9 12. Preserve and protect sensitive natural areas that serve an ecological function in minimizing flood damage 13. Create a priority for maintaining natural drainage systems wherever possible, and emphasize the design and arrangement of storm water facilities as community amenities, appropriate to the planning.context, 14. Minimize the amount of impervious surfaces directly connected to storm water systems, and reduce the amount of flow, speed of flow and level of contaminants entering both natural and manmade storm water systems 15. Allow flexibility in site designs and cooperation among adjacent development sites, to allow the most efficient development of sites,and encourage individual designs that support a more regional or watershed based storm water solution 16. Integrate high-performance flood protection and storm water systems into the open space system 17. Encourage creative design solutions that allow areas to perform multiple functions in terms of storm water management, flood protection, open space and,recreation, landscape and urban design, or other site development support functions 18. Create physical stream buffers to minimize the risk potential pollutants from entering streams, protected wetlands.and other environmental sensitive area..Where practical and feasible, ,future park amenities should be incorporated into these buffers to further the City's park and.recreation_goals. 19. Minimize negative environmental impacts of site development on the air and water by developing technical criteria requiring responsible construction sequencing, criteria for silt fences and rock dams, dust control, construction site waste management, concrete washout systems and designated vehicle maintenance and washing, requirements for re-seeding/ re-vegetation, using geotextile matting and/or sodding;. where appropriate, criteria for storm drain inlet protection and stabilized construction entrances and requirements for spoils and staging areas 20. On a case by case basis, accepted professional engineering and geotechnical design considerations shall be applied to the specific characteristics of the property being developed to develop a storm water management designs that limit storm water discharge and excessive grading in order to create nonerosive 331 Cibolo Unified Development Code Month XX.201 . drainage patterns and to provide development incentives to preserve existing high-value vegetation and provide vegetative filter strips in storm water designs and 21. It is the policy of the City to reserve appropriate spaces that may be interconnected into a linear park network. The City Council may require that any drainage easement that provides a connection or ; connections to adjoining neighborhoods or an existing or proposed linear park network also be designated as a public access easement for the purpose of providing pedestrian and bicycle access and may request parkland dedication for this purpose in accordance with this UDC. Linear parks, where required or proposed, must be designed in accordance with the Cibolo Design and Construction Manual. B. Methods for Reducing Flood Losses and Negative Environmental Impacts 1. Limit runoff from development to a level ,hick is Belo. , the level o runoff that exists under natural,undeveloped conditions unless provided for in a regional detention facility; 2. Restrict or prohibit uses that are dangerous to health, safety, or property in times of flood, or cause increases in flood heights or velocities; 3. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 4. =,D,iscourage and limifi the alteration of natural flood plains, stream channels; and natural protective barriers, which are involved in the accommodation of flood waters; 5. !Prohibi filling, grading, dredging and other development which M increaseg M flood elate damage •r 1.$Rlyrnf Iif ; 6. Prohibi I the-construction of flood barriers which M unnaturally divert flood waters, or increase is o flood n`��.• to ad'acent ro ert owners 7. iti•ate for th installation of impervious surfaces that result in greater storm water volumes and higher, erosive velocities by allowing parking lots, service roads, and other suitable areas normally covered with concrete and asphalt, such as outdoor storage areas,to utilize porous pavement, pavers, and other"green"design solutions provided that such alternatives designs that are properly designed with highly durable materials in accordance with accepted engineering standards) 8. Limit storm water discharges to less than five(5)feet per second in natural waterways, provide landscaping and parkland dedication incentives to include vegetative filter strips, or ponds, to enable an integrated means of sediment removal and preserve existing high-value vegetation, particularly hardwoods and the surrounding vegetation for soil stability and natural filtration 9. Require that construction plans include plan details or a narration that describes construction sequencing detailsi 10. Develop Include design details for silt fence, rock dams, and other erosion control devices and storm inlet protection 11. Construction plans shall include a dust control plan, details showing where and how construction site waste management will be provided by the City's franchised solid waste collection provider, details for the storage of fuel or any other hazardous material(s), and details for concrete washout systems9 12. Construction plans shall show plans for re-seeding/ re-vegetation; geotextile matting; or sodding; as appropriate 13. Construction plans shall show details of all storm drain inlet protection systems 14. Stabilized construction entrances shall be required for all developments and shall be shown on the construction plan sett 15. Construction plans shall show protected spoils and staging areas and the methods proposed to contain the materials in these areas 16. Discharge from fueling/vehicle washing areas. The purpose of this section to discourage the practice of discharging contaminated water or waste into the MS4 and reduce discharges of pollutants, such as detergents, sediments, oil, grease, heavy metals and oxygen demanding substances, from fueling and vehicle washing areas. No persons shall: a) Introduce into the MS4 and/or water bodies of any contaminated water or waste from a commercial car wash facility, from any vehicle washing, cleaning, or maintenance area at any new or used automobile or other vehicle dealership, rental agency, body shop, repair shop, maintenance facility, or from any washing, cleaning, or maintenance area of any commercial or public service vehicle, including any truck, bus, or piece of heavy equipment, by any business or public entity; 332 Cioolo Unified Development Code tMonthXX,202 b) Introduce into the MS4 and/or water bodies any wash water from the washing, cleaning, deicing or other maintenance of aircraft; or c) Discharge into the MS4 and/or water bodies any contaminated water or waste from commercial establishments including but not-limited to gas stations, service stations, and auto repair shops with areas exposed to weather conditions. 17. Construction,development, redevelopment and land disturbance run-off. The purpose of this section to reduce the pollutants such as sediments, he metals,.toxic material, and nutrients in the stormwater discharges from construction, development, redevelopment and land disturbance activities/sites. No persons shall: a) Discharge from a construction site flow having a pH value lower than ix 6 or higher-than ten and one hil"5111-7310.5 b) Discharge any type of industrial waste from construction sites to the MS4 and/or water bodies; c) Introduce any garbage, rubbish, or yard waste into the MS4 and/or water bodies.- d) odies;d) Discharge, including, but not limited to, paint or paint brush cleaning water or solvents or thinners or turpentine or any other combination from single family dwelling or any construction; e) . Leave unused construction materials or used construction materials or debris on the construction, development, redevelopment, and land disturbance sites. All on site debris shall be properly disposed of in the landfill within thirty (30) days from the occupancy of the structures; or f) Wash any type of trucks, including, but not limited to, ready mix trucks or-material supply trucks on or around the construction site. 18. Ready mix concrete truck washing. The purpose of this section to reduce pollutants such as sediments, concrete, altered PH, and oxygen demanding substances in the wash water discharges from ready mix concrete trucks. No person shall wash residual ready-mix concrete from concrete mixing trucks regardless . of-its location, in an area where discharges might enter the MS4 and/or water bodies. C: General Provisions 1. Lands to Which This Section Applies. These requirements shall apply to all areas within the City and its extraterritorial jurisdiction. 2. Proper Drainage, Plans,Approval. All subdivisions.shall be designed to convey torm wate flow rigrnating externally and storm Ovate ows enerated internall, to the develo•men without _ Gllcr�easin,q flood related risk to persons.or property. The subdivision shall be designed to ensure drainage at all points along streets and provide positive drainage awa from building sites while, simultaneously, preventing discharge of runoff onto:ad'acent ro erties. . mare shall be given to entry and elit roadways fio ensure continuit of deliver o mer enc services durin• �eriods of exceedin�I, hi�h storm water flows 3. Responsibility. All drainage facilities required in accordance with this chapter shall be installed and paid for by the subdivider in accordance with applicable standards and specifications of the City, including those specified in City Code of Ordinances Part 2, Chapter 30 (Floods). 4. Additional Standards and Requirements. All plans for drainage control shall be consistent with requirements of this Article and all local and regional drainage plans: All plans for drainage control shall also be subject to.approval by the City Engineer or duly authorized representative. 333 Cibolo Unified Development Code rMonth XX,,2D1. 5. Basis for:Establishing the Areas of Special Flood Hazard. The areas of special flood. hazard identified by the Federal Emergency Management Agency, with accompanying Flood Insurance Rate Maps and Flood Hazard Boundary-Floodway Maps and any revision thereto are hereby adopted by reference and declared to be a part of this UDC. 6. Drainage Standards.- The Floodplain Administrator shall apply standards;where applicable,for drainage way facilities and storm water detention facilities which shall be adopted in the Cibolo Design and Construction Manual. Said standards shall be followed by every person, firm; corporation in the construction, installation, and maintenance of drainage way facilities and storm water detention facilities and shall regulate the design, installation, utilization and maintenance of all detention and drainage facilities and structures; the design, installation, utilization and maintenance of sedimentation and erosion-control procedures, facilities and- structures; and shall establish acceptable methods for controlling soil sedimentation and erosion. 7. Compliance. No structure or land shall hereafter be located, altered; or have its use changed without full compliance with the terms of this Division and other applicable regulations. The provisions of this Section shall apply to and be binding upon every person, firm, or corporation who seeks to develop, redevelop, grade; excavate, fill, berm, or dike land within the City. 8. Abrogation and Greater Restrictions. The requirements of this UDC.are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 9. Interpretation. In thb.interpretation and application of all provisions shall be: a) Considered as minimum requirements; b) Liberally construed in favor of the purpose of this Article to minimize flooding; and c) Deemed neither to limit nor repeal any other powers granted under State or Federal statutes. 10. Warning and Disclaimer of Liability. Thedegree of.flood protection required by this UDC is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding . or flood damages. The requirements of this Division shall not create liability on the part of the City or any official or employee thereof for any flood damages that result from reliance on the UDC or any administrative decision lawfully made there under. 1 I Areas of Knainrn Flaod°Rislt hie City CouncilFwill know flood risk which have experiencetl 6-16 of lif&_ roperty; tructu al dam ge is ub�ect to frequent;inundation or represents a h§k to the motoring public Th1`s Mme° .. nclutles,areaeoutside?of{theegulatory floodplain and will'be used to idenfii risks which must be require_` r mthe develo er at}the tlirection of the it" En"ineer or desi` nee.. n 'Aa•n7c� >Cln IR.hA\ o8-:ompnrlorl rloFm cc rlrnznnno nrnn ' -. hzon##n nonor•�Innr7nn�nrnhlamc- Tho(-`#ir(ten J ., �� .` kRS4I ilrt�1�f1 01 j99E11 334 Cibolo Unified Development Code onth XX,202 D. Facilities Required. 1. The subdivider°shall prQVide storm drainage systemN kbkq protect andowners up an ownstream of the pro osed develo meet in addition t each lot throughout the subdivision from isk o -flood elated losses`, These drainage-facilities may consistof a combination of natural features, swales, watercourse improvements; bridges. :and culverts,- enclosed storm sewers and other man-made improvements"to carry off storm water within the subdivision. The drainage system shall use detention . ponds, retention ponds: and siltation ponds, individually or in concert, to.control runoff and to protect: downstream properties from any increase in flooding originating from the subdivision. The system shall be integrated with the-overall drainage system of the city, and the design of the system must be approved by the_City Engineer in accordance with the requirements of this UDC and the Ci.bolo Design and Construction Manual. Where°a subdivision has a single point of access to an existing public right-of-way the point of access mus ass the 100-year floodplain without overtopping. Where more than one point of access is required b th ode all rtmn wired connectn roadwa s will ass the 100- ear flood Iain without overtopping. Vater detention is to be provided for all developments and over-detaining is to be used to mitigats in flows as a result of peak-on-peak affects which arise as a result of providing detention. Th` eam Draina,aAssessment re aired b othersections of this UDC will demonstate com fiance witirement. E.Standards for Subdivision Plats 1. Consistency Required. Subdivision plats shall be consistent with all provisions of this UDC. 2. Requirements. All plats shall meet Floodway Development Permit requirements,when applicable, and-the provisions of the Cibolo Design and.Construction Manual. 3. Base Flood Elevation BFE. Data. 100-yea ase flood elevation re to be shown on all buildable lots adjacent to a drainage easement o of containing a regulatory floodplain. ieve-lopment, if app dditionally, these lots must also be identified on the plat as having a finishe loor assigned by the engineer of record as havinga finished floor elevation of oneO)foot higher than th FE as calculated for that lot.l. 4.. Provisions Prior.to Final Approval of:Plats. Prior to final approval of.a Final Plat, the developer shall provide either actual construction of all-approved.'. drainage and detention facilities required by the City or sufficient surety,-bond, trust agreement, performance bond, or an irrevocable letter of credit; approved by the Floodplain;Administrator and City Attorney guaranteeing the developer's pro-rata share of..construction of all required drainage way and detention facilities in accordance with an approved Drainage Plan.(in conjunction with approved. Construction Plans) and Cibolo Design and Construction Manual. 335 Cibolo Unified Development Code onth XX,203 F.Storm Water Management Storm water management facilities shall be provided prior to site construction or clearing, where design is required. at the time of platting. 1. Storm water management shall be.designed and constructed to prevent adverse conditions from arising on rope joining and downstream of the subdivision site Adverse conditions include increases in is :. om flood related losses arising from increases i peak flows, enerating addition runoff, loss of flood 'tora'ye{ cha_n es in timin a.;disehar'"es from the ro used site or routm_of#lows tt]rou"h ite ii crease- water surface elevations=and changes in '" velocity. The drainage report shall show that mitigation of the impacts of development on the drainage system will be provided as part of the development..Mitigation hal include detention, retention, infiltration, channel improvements, and other means acceptable to the City:Engineer.Stormwater Management facilities shall be designed to reduce post-development peak flow rates of discharge to ak aximum.of 80%of th'' pre-development rates for the wo(2), five 5 en (10), t -#iu (25), fift`50 _ .' and n . e hundre (1.00)year.storm events at all points of discharge.TheArainage... report shall also include an evaluation of downstream conditions to include consideration ofand itigation orrnsk fro,t flood related�Iosses arising from increases in peakflows, generating additional:runoff,;loss o lood`storage _changes in t ming of discharges from.the pro 'osed site or routin of flows throia h site; ncreases in water surface elevations and`chan'"es in velocit 2. The City Council, after considering a recommendation from the City. Engineer and staff, may waive the Storm water Management requirements as outlined herein and approve subdivisions of land that have fewer than seven (7) residential lots with a density of two (2) dwelling units or less per acre:. G. Detention and Drainage Facilities 1. Requirements and Standards. On-site.storm water detention shall be required for.all new develo me nts redevelopments and building o` ite permits where ai i increas- &441 6 -ious cover of 4.000 s' uare feet s ro osed. Detention wilh b e vire° to offset increased runoff resulting from new developments except for those developments for. which approved regional detention facilities have been established or for which alternate plans have been approved by the City Engineer. Design:standards for all storm water detention and drainage facilities.shall be established by adopted in the Cibolo Construction and Design Manual. 2.: Title Ownership and Maintenance. Detention and drainage facilities herein provided for shall be dedicated to the public and maintained by the public unless such facilities are an integral, usable part of the development; in which case the ownership and maintenance of said facilities may remain with the private sector. These systems,-when retained by the owner shall be maintained by the current and subsequent owners in a manner that will allow them to function as designed. The owner.must execute a written maintenance agreement with the City before this option is used and such agreement shall be filed with the Guadalupe County Recorder. These agreements shall be . as encumbrances upon the land. a) Major drainage systems not retained by the owner shall be conveyed by title, easement or through the acceptance processes of this UDC to the City as required by.the City Engineer and City Attorney. b) The dedication of a detention facilityshall provide that, in the event-that the City Council determines that the detention facility is unneeded or unnecessary.as a result of drainage way improvements,:the same may revert to the party making such dedication, or the abutting owners, or their respective heirs, successors, or assigns. c) The City shall only maintain concrete drainage structures that were either constructed by the City or which were formally accepted by the City, per Section 20.3.6 of this UDC. 336 Cibolo Unified Development Code onth XX,203 3. Private Drainage Facilities. Roof drains, building drains, and parking lot drainage ways may be located outside dedicated.drainage.. ways. H.Alternative Design Standards 1. Purpose. It is the purpose of this section to provide for the consideration of detention and'drainage facility designs which differ from the conventional design standards as outlined within this'UDC, but which are based upon sound engineering judgment. Such alternative(s)shall meet the purpose and intent of the standard being varied. In this context, detention and drainage facilities shall mean physical improvements such as detention ponds, retention ponds, drainage swales, as well as any other infrastructure element of a proposed development: 2. Approval Based on Engineering. Decisions regarding design of such physical improvements in a.subdivision should be.based on engineering studies. Thus, while this UDC provides standards for design, the regulations are not a substitute for sound engineering judgment. Therefore, a licensed engineer may:submit alternative designs to be reviewed and considered by the City Engineer, including the option of providing a downstream assessment. 3. Relationship to-UDC/Cibolo Design and Construction Manual. If the proposed alternative design is approved by the City Engineer, then the all other.applicable provisions of this UDC and the Cibolo Design and Construction Manual shall be deemed to have been met. If the proposed alternative design standards are not approved by the City Engineer, then the standards contained this UDC and the Cibolo Design and Construction Manual shall apply. 4. Appeals to the Planning and Zoning Commission. If a.proposed alternative,design is rejected by the City Engineer, the subdivider may appeal the decision to the Planning and Zoning Commission. I. Construction Sequencing and Erosion Controls- Construction Plans required by-this UDC shall be accompanied,by a comprehensive and detailed report and plan for the control of-erosion and sedimentation. The report shall include a construction sequencing plan which details the proposed placement,.maintenance and removal of temporary erosion controls,the slope stabilization techniques which are to be employed and the restoration measures, including vegetative types, which are to'be employed as part of the process of subdivision development. The plan shall list and show the location of temporary erosion controls, show the physical details of the controls, and include a construction sequencing list which will govern the timing of the use of various controls in relation to distinct steps in subdivision construction. J. Land Clearing Restrictions No clear-cutting or rough-cutting of land shall be permitted unless approved by a construction sequencing and erosion control plan as required by this UDC and the issuance of a Site.Development Permit, except for limited clearing and rough-cutting necessary for soil testing and surveying as required by this UDC. No other clearing or rough cutting shall be permitted except as necessary for construction of temporary erosion and sedimentation controls until these controls are in place and approved by the City Engineer. Areas to be cleared for temporary storage of spoil or construction equipment, or for the permanent disposal of fill material or spoils, shall be shown on preliminary plat. 337 Cibolo Unified Development Code onth XX,2Dfi K. Enforcement of Erosion Controls and Clearing Restrictions If a subdivider does not comply:fully with an approved erosion:control and construction sequencing plan, or violates. the restrictions on land clearance in the preceding subsection, the City Manager shall notify the subdivider in writing thatthe City may correct the violation and revegetate the disturbed area at the subdivider's expense unless, within hirt (30) days after the date of the notice, the subdivider complies, corrects the violation, provides the required erosion and sedimentation controls and provides continuing maintenance thereof acceptable to the City Manager.- L. Required Drainage Study 1. General) a) Drainage Plans shall be prepared by a registered professional engineer licensed by the State of Texas. b) Drainage:Plans submitted for final approval shall bear the signature of the submitting engineer and the following certification: c) "I hereby certify that I am familiar with the adopted ordinances and regulations of the City governing detention and drainage facilities; that these plans have been prepared under my direct engineering supervision; and that the above and foregoing Drainage Plan complies with all governing ordinances and the adopted drainage standards of the..City pertaining to detention and drainage facilities to the best of my knowledge, information and belief." d) Upon completion of a required drainage facility improvement, a certification from a contractor or registered professional engineer shall be provided similar to the following certification: "I hereby certify that the detention improvements were constructed and completed in accordance with the approved Drainage Plans." e) Plan Elements. A Drainage Plan shall consist of engineering drawings, contour maps, and all supporting engineering calculations, as applicable to the land area covered by the Plan, as detailed in Section H below, which are required to demonstrate full compliance with the requirements of this UDC and the Cibolo Design and Construction Manual. f) Requirements in Areas of Special Flood Hazards. Drainage Plans for developments in areas of special flood hazard shall,adhere to all requirements of this UDC, the Cibolo Design and Construction Manual and the Special Flood.Hazard requirements in the City Code of Ordinances Part 2, Chapter.30 (Floods). 2. Administration of Drainage Plans. a) Processing of Drainage Plans.All.Drainage Plans as required by this section:shall be submitted to and received by the Floodplain Administrator. A conference to discuss the Drainage Plan may be held with the Floodplain Administrator, but only after Construction Plans have been officially submitted. } b) Within twenty (20) usines days:after receipt of a properly completed Drainage Plan, the Floodplain Administrator shall either approve or deny the submitted plan.. c) Approval of a submitted Drainage Plan shall only constitute acceptance by the Floodplain Administrator of the certification of the submitting engineer and such acceptance shall not operate.to remove any requirement of Cibolo's adopted Drainage Standards which are not specifically considered in the approved plan. 338 Cibolo Unified Development Code onth,XX,2Q2' d) Drainage Plans which meet the requirements of this ordinance and which conform to all requirements of the UDC and the Cibolo Design and Construction Manual shall be approved. e) If the required findings cannot be made based upon the information contained in the submitted plan, such additional information as is required by the Floodplain Administrator to make such:determination will be identified; in.the event that the information deficiency is of a technical nature,.the Floodplain Administrator may.request an engineering conference with the submitting engineer. f) If a:submitted Drainage Plan is denied, the certifying engineer or applicant, as applicable, shall be advised in writing of the disapproval. 3. Drainage Study Contents. The subdivider shall submit a drainage study with the final construction plans for residential subdivisions, and wherever stormwater flow management facilities shall be regional and dedicated to the public. The. required drainage studies in commercial subdivisions where facilities are site-specific _and privately maintained may be submitted with building permit construction documents for each lot. The drainage study shall provide the following information, for both existing and fully developed conditions, for the entire watershed drainage area upstream of the lowest point(s) in the subdivision. a. The raimage areas contributing to the area being platted inclusive of external drainage areas an eternal drama a area" depicted onevenand``one hal (7.5) . minute series U.S.G.S. map. b. The drainage areas within the subdivision, depicted on a topographic map with _ on -foot contour intervals maxis-Orn scale of 1 50' . c. Composite runoff factors b.rCdrVb Dumber a. Times of concentration alculations and lag times.. e. Related rainfall intensity factors �r cumulative rainfall de the b storm duratio . f. 10-, 25, N and 100-year flood flow quantities with the 10-, 25-and 100-year flood.plain limits for existing v,, YY preliminary P_ is adjacent to lots o t as'ements con-tafnin':a 00 developed n will require a Base Flood Elevation 'BFE shown. a. Preliminary street grades sufficient to determine high points, low points, and direction of runoff flows. h. Proposed locations of inlets, storm sewers and culverts. i. Proposed routing of drainage ways. j. All proposed drainage easements, including width of easement and configuration of channel. k. The calculations to determine the volume of proposed detention/retention/sedimentation-ponds. I. Roads, measured curb to curb, shall be designed for ten (10) year storm event, and right-of-way to right-of-way for a 25-year storm event. Underground drainage,facilities and all above ground channels e . ent ifih positive drainage way` for the 100 year even shall be designed.to a full flow 25 year storm ev indicate heaoverflow from the 100 year event shall not enter a resideitial`lot ee Detention onds ai d come bnce's stems directly connectetl.theret shall be designed for the 2, 5, 10, 25, 50 and .100 ear storm events x , x a, C,..,.. . 'rnr rnnvovanro rif=fh""b'-n�ic/10%� .nQrnon_ t-atal--sterni �`: ote thafi the rouisions o: -ection G';a I The above information.shall be supplemented with narrative text describing the watershed and the subdivision;.including their general soil conditions, downstream channel conditions, all weather access,and the presence of special flood hazard areas within the subdivision. The study shall be prepared by a professional engineer registered in the State of Texas. The drainage study shall be submitted along with the preliminary plat. The City Engineer shall review the submission and verify that all UDC requirements have been met. 4. Downstream Drainage Assessment. Downstream.drainage assessment shall extend from the outfall of the subdivision to a point downstream, determined by one of two methods8�s elected b' tf City Engineer prior to submittal of the Drainage Study: 339 Cibolo Unified Development Code onrhXX,201 ili eam Where the _- the FeGeiv am n-rnrrvi otnvrm_drainagge cyst . ' 9f��-ft16R5-d9w{-} - 2000466t bown"steearn,Analysis—Analyze flows to a point 2000-feet downstream of all outfall tom th el proposed development, . Area of Known Flobd Risk—The City Engineer will identifythe area of know flood risk which i to be considered in the Drainage Study. The area of known flood risk may exceed the 2000-fooli ownstrean limit and/ot include upstream areas used in the other method of assessment These methods recognize the fact that a structural control providing detention has a "zone of influence" downstream where its effectiveness can be felt. Beyond this zone of influence the storm water effects of a structural control become relatively small and insignificant compared to the runoff from the total drainage area at that point. Based on studies and master planning results for a large number of sites, a general rule of thumb is that the zone of influence can be considered to be the point where the drainage area controlled by the detention or storage facility comprises ten (10%) percent of the total drainage area. This is known as the 10% Rule. As an example, if a structural control drains Ed(10) acres, the zone of influence ends at the point where the total drainage area is ne hundre (100) acres or greater. The downstream assessment shall include the following steps: i. Determine the outfall location of the site and the pre-and post-development site conditions. ii. Using a� topographic map, determine a preliminary lower limit of the zone of influence using the en-(10°/6) porcen I Rule. iii. Using a hydrologic model determine the pre-development peak flows and velocities at each junction beginning at the development outfall and ending at the next junction beyond the preliminary lower limit of the zone of influence (10% point). Model all undeveloped off-site areas as "fully built-out" for both the pre- and post-development analyses. Use the City Future Land Use Map to determine future land uses for the model. Evaluate discharges and velocities for the 10-year, 25-year and 100-year storms events. Use storm durations equal to 24-hours and two times the time of concentration calculated for the outfall of the subdivision. iv. Change the land use on the subdivision site to post-development conditions and rerun the model. V. Compare the pre-and post-development peak discharges and velocities at the downstream end of the model. If the post-developed flows are higher than the pre-developed flows for the same frequency event, or the post-developed velocities are higher than the allowable velocity of the downstream receiving system, extend the model downstream. Repeat steps 3 and 4 until the post-development flows are less than the pre-developed flows, and the post-developed velocities are below the allowable velocity. Allowable velocities are provided in the Cibolo Design and Construction Manual. i. Add proposed storm water management facilities to the model designed so that the model shows that adverse effects are mitigated.Adverse effects can be shown to be mitigated if flooding is not increased, velocities do not exceed the greater of allowable maximum velocities or pre- development velocities, and that the peak flow at the downstream limit of the zone of influence is not increased. M. Drainage Easements 1. General Requirements Natural waterways and channels should be used wherever practical to carry runoff. Any modifications to existing waterways and channels must be approved by the City Engineer. Where a subdivision is traversed by a watercourse, drainage way, natural channel or stream, an easement or.right-of-way or floodplain buffers as established in othersections of the Code. :"" _" ">. :::` ' erGou. __ ... I�eiir:�Fh 4n-onnnimmgr^loto , 340 Clbolo Unified Development Code ont7X XXe 301 QtoFm drainage easements shall be provided f9F eXiStiRg and proposed enGlesed dFainage systern& shall be Gentered on the systems. The easement width shall have a MiRiMUM width often-feet. dditie-Ral dFai-age easement width may be required based on the formula; AN- 5' + �!H — — — iame Ppen Ch ..ements along proposed or existing open she nerals shall T width as may be required te—;rev{de i-gesse and egress oil e from fennel and Rhone fnr,�tilifi�poles•tn;; Wna i -f thou GhapnReGessaryGIGPeGPFOV - . The MWFAUm ease -ftt-width shall the r.hpniieil-ous fifteen (15) feet on oRe side (20 feel ith utilities) and two (2) feet on the oppte side ,finless approvedby the G ty. The Ghanne! top width 6-8 jeterrRined by the IGGations where the GhanRel side slopes seA#h_adjaGeRt grade with Gress sle-nes - 0 - !ess thaR ten_0 Pe Overflow Draina Storm drainage easements shall be provided for emergency overflow drainage ways of sufficient width to contain within the easement storm water resulting from a 100-year frequency storm less the amount of storm water carried in an enclosed system. N. Flood Hazards 1. General Policy. All subdivisions shall conform to the '`Flood Disaster Protection Act of 1973," Public Law 93-234, and the latest revisions thereof. Development shall adhere to all policies and requirements of the Federal Emergency Management Agency and Chapter 30 "Floods" of the City Code of Ordinances. 2. Flood Plain Designations and General Restrictions. =ederal f!Ged-plains-are based- -on aa one 11%) - )nly in these areas where OffiGial FedeFal EmergenGy Management AgeRGY maps have been prepared, G ivheFe °o-)-persent-ann sssurreRGe water and surfaGe prc)file studies are available for the Gi d its extraterritorial iuFiSdE —U designated, rnprGvements, or r develnmmnRt (inohidinn f r?ll) shall he permitted an area having spenial ;azar4ds as defined by Chapter 3 ^� of naRGes, this -d the mhent3ti-tU , 3UFfaGe elevation of the a one(I0 The Effective Flood Insurance Study(FIS) and Flood Insurance Rate Maps (FIRM) are updated from tim o time by the Federal Emergency Management.Agency (FEMA). The latest FIRM panels, as adopted b he City Council, are the regulatory floodplain maps for use in compliance with the National Flood Insuranc Program (NFIP). The requirements of the NFIP are incorporated by reference and establish the minimu _ riteria under the code.j. 341 Cibolo Unified Development Code onth XX,201 3. Flood Hazards to Water and Wastewater Systems. New or replacement water supply systems and/or wastewater systems shall be designed to minimize or. eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. On-site waste disposal systems shall be located.so as to avoid impairment of them or contamination from them during flooding. O.. Green Space Preservation 1. Purpose and Definitions. The purpose of this section is to establish minimal acceptable requirements for the design of buffers to protect the streams, wetlands and floodplains of Cibolo, Texas; to protect the water courses, reservoirs, lakes and other significant water resources in Cibolo; to protect Cibolo's riparian and aquatic ecosystems; and to provide for the environmentally sound land use. The following definitions shall be used to define the terminology described in this "Green Space Preservation" section: Best Management Practices or BMP. Schedules of activities, prohibitions of practices, maintenance procedures, and other. management practices to prevent or reduce the pollution of waters of the United States. BMP's also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal,or drainage from raw material storage. Environmentally Sensitive Area.. Any area wherein plant or animal life, listed in the Texas Endangered Species Act and/or the Federal Endangered Species Act, exists or there is evidence of their inhabitance. Erosion. Refers to the eroding of:land by the action of wind, water, gravity,:ice or any.combination of these forces. First Order Stream. No defined tributaries'drain into this stream and it normally originates from springs, seeps or rain runoff . from the higher elevations in a watershed and conducts water into a higher order stream: First order streams appear on a USGS 1:24,000 Topographical Map. Fourth Order Stream. A stream formed by the confluence of two third order streams. Ordinary High-Water Mark(OHWM). "Line on the shore established by the fluctuations of water and indicated by physical characteristics such as.a clear, natural line-impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and -debris, or other appropriate means that consider the characteristics of the surrounding areas,"as defined in 33 CFR Part 328 Definition of Waters of the United States-Section 328.3 e. Second.Order Stream. A stream formed by the confluence of two first order streams. Stream Order. A classification system for streams based on stream hierarchy, with the smallest stream having the lowest numerical classification. 342 Clbolo Unified Development Code onth XX,2Q2 Streams. Identified on U.S. Geological Survey (1:24,000) maps. Stream System. A stream channel of a given order together with.one or more of the following: 1) 100-year floodplain; 2) Hydrologically,related wetland; 3) Reservoir receiving water from one or more streams. Third Order Stream. A stream formed by the confluence of two second order streams. Vegetative Buffer. A vegetated area, including trees, shrubs, and herbaceous vegetation that exists or is established to protect a stream system..A vegetative buffer.for a stream system generally consists of a strip of land, with native vegetation, along both sides of a stream system. 2. Applicability. a. This section shall apply to development subject to the UDC. A development is exempt from this ordinance if it does not contain a stream system. b. This ordinance shall apply to surface mining operations except that the design standards shall not apply to active surface mining operations that are operating in compliance with an approved U.S. Department of the Interior surface mining.permit. c. This ordinance shall apply to the City, a municipal corporation, and. t®lawful ETJ. d. This section applies to all development except for activities initiated prior to the effective date of this UDC and meeting any of the following criteria: i. Valid, unexpired permit in accordance with development regulations; ii. A current, executed public works agreement; iii. A valid, unexpired building permit; iv. A complete, unexpired plat:application; V. An approved and unexpired Master Plan; vi. Platted property. 3. Preservation and Buffering Requirements. a. . All ®hird Mrder and higher stream systems are required to be preserved and buffered in accordance with this section. b. First and Second Mrder Stream systems, which include any of the following criteria, are required to be preserved and buffered in accordance with this section unless the "Conservation Plan Requirements" described in this section are satisfied: I. An environmentally sensitive area. ii. Wetlands and Waters of the U:S. according to the Wetland Map, iii. Existing trees with a caliper equal to or greater than 8 inches DBH within the stream channel or potential stream buffer,.excluding the undesirable trees referenced in Article 17 of this UDC. 4. Design Standards for Stream Buffers. a. The width for vegetative buffers shall depend on the order of the stream being developed. b.. First and Second order streams that are to be protected shall have a buffer originating from OHWM extending 0(501) feet on either side of the stream. 343 Cibolo Unified Development Code onth XX,204 c. The required width of a buffer fora Mh1rd Mrder Stream will be ift r50' feet on both sides measured from the OHWM,.with feet of buffer added.for each level of increase in stream order. For example, a fourth order stream-shall have a evem -fiiv (751) foot buffer. A Fifth Mrder Stream should have a ne hundre 100' foot buffer. d.. Permanent boundary signs approved by the Planning and f ey elnnmom+`Co1.15M ngineering Director. shall be installed after construction is completed. e. The following are permitted exceptions: L: Regardless of the stream order, the maximum width of the buffer is.•ne hundre T (1 001) feet from the OHWM. ii. All development shall comply with the City Code of Ordinances Chapter 30 (Floods), this UDC and the Cibolo Design and Construction Manual. . iii. ' The width of the buffer on each side of the stream maybe adjusted (both width and length) as long as the total square footage of the buffer remains the same for the stream order but in no event shall the buffer be less than went -fiu (251)feet on any side. iv. The twent -fiu (251)feet of buffer immediately adjacent to the OHWM, containing undisturbed native vegetation, is restricted to permitted road, utility crossings, storm water. management facilities and recreational facilities approved by the City. The remainder of the buffer, -also containing native vegetation, is restricted to.utility right of ways, designated biking/hiking paths, storm water management facilities, and recreational facilities by the City. 5. Design Standards for Existing Ponds and Buffers. P. Existing ponds may be used as storm water management facilities, in accordance with City Code of Ordinances Chapter 30 (Floods), the UDC and the Cibolo Design and Construction Manual if a conservation plan is submitted in accordance with this section. Existing ponds,to be used as a storm water management facility, shall have a buffer width of , eent (201)feet. b. The area of the en (201) foot buffer may include the embankment as long as the total square footage is maintained., 6. Green Space Plan Requirements. a. Stream systems and buffers shall be shown on site-specific drainage maps. ; b. Prior to construction, signs shall be placed every ne-hundre (1001) feet?on orange construction border fencing at the edge of the buffer zone to inform workers that the placing of construction materials in the buffer zones during the construction phase is prohibited. 7. Conservation Plan Requirements. Where disturbance of protected First or Second Mrder Stream systems are proposed, the following shall be submitted: a. A Green Space Plan. b. A location or vicinity map of areas outlined in the section. c. A summary of disturbance activities, and an in-depth detailed description of disturbances that affect or may affect areas outlined in this section. d. A detailed description of mitigation activities, as outlined below: i. If Wetlands and/or Waters,of the U.S. are affected: (1) Section 404 Permit (2) Wetland Mitigation Plan. ii. If trees are removed: 344 Cibolo Unified Development Code onth XX,201 (1) All M(41) inch DBH caliper or greater trees removed must be replaced by an equal caliper sized tree of the same species, excluding the undesirable treed identified in this UDC; or smaller trees of the same tree species that equal the caliper of the removed tree (i.e.: four M one1�i" inch DBH trees to replace a M(41) inch DBH caliper tree). (2) This/these tree(s) must be located within the stream system or buffer on the property where the removed tree was located. (3) Twenty-five (25%) percent of the original tree species must be replaced with the same species.The remaining event -fiv (75%) erten of original tree species may be replaced with "approved tree" species listed in this UDC. 8. Buffer Management and Maintenance. a) Protected stream systems and vegetative buffers shall be managed to enhance and.maximize the unique value of these resources. Management includes specific limitations on alteration of the natural conditions of these resources.The following practices and activities are restricted within the vegetative buffer: L Clearing of any existing vegetation; ii. Soil disturbance by grading, stripping, or other practices; iii.: Filling or dumping; IV. Use, storage, or application of herbicides. b) The following structures, practices, and activities are permitted in the vegetative buffer, with specific design or maintenance features: L Roads, bridges, sidewalks, and utilitiesi (1) These facilities may be constructed if such are required by the City; access to the property would be hindered or compromised because of the property's location; or if conditions secific:to the land require it. In any of these instances, the iaannina an =n ineerin Director or designee may administratively grant approval:or ddeny the request for the construction of said structure(s). In the event of denial by the Plannin nd En ineerin Director or designee, the issue may be appealed to the Planning and Zoning Commission, whose decision shall be final. (2) The right-of-way should be the minimum width needed to allow for maintenance access and installation. (3) The angle of the.crossing shall be as near to perpendicular as allowed by the . Manningand E=ngineerin Director or designee. In the event of denial by the 2.1an, and E=n pinigerlinig Director the issue may be appealed to the Planning and Zoning Commission and City Council, whose decision shall be final; (4) Every effort shall be made to minimize the number of road crossings within each subdivision and no more than one road crossing is allowed for every 1,200 feet of buffer. H. Storm Water Managemeng (1) These facilities may be constructed, if such are required by the City for flood control or to improve water quality or habitat in the stream. In any of these instances, an applicant may request a waiver of the standards for Planning and Zoning review and City Council approval. A waiver may only be granted if.the proposed "alternate storm water design solution" is consistent the spirit and intent of this UDC and consistent with generally accepted engineering practices. 345 Cibolo Unified Development Code ,Month XX 204% (2) When constructing storm water management facilities, "best management practices" shall be observed. The area cleared will be limited to the area required for construction and adequate maintenance access as required in this UDC and the Cibolo Design and Construction Manual. (3) Material dredged or otherwise removed during, construction or subsequent maintenance from a storm water management facility shall be stored outside the buffer. iii. Stream restoration projects approved by thetannin and En ineerin Director or designee are permitted within the vegetative buffer iv. Water quality monitoring and stream.gaugingare ermitted within the vegetative buffer as approved by the Planning and.,E=nglne_e_r�in_• Director or designee V. individual trees within the buffer that are in danger of falling, causing damage to dwellings or other structures, or causing blockage of the stream, ma be removed. Other tree cutting techniques approved by the Planning anal Engrneenn Director or designee may be undertaken within the vegetative buffer under the advice and guidance of the Planning and Zoning Commission, if necessary to preserve the riparian forest from extensive pest infestation and disease infestation vi. Selective clearing for health and safety purposes is allowed as-determined by P an• E Director or designee. c) The Final Plat and all right-of-way plans shall clearly show the extent of any vegetative buffer on the subject property. d) All protected vegetative buffer areas and stream systems shall run with the land and continue in perpetuity. Protected vegetative buffer areas and stream systems may be dedicated:to the public by separate instrument, which must be submitted to the City Engineer andM[,hM PRM E Director or designee for approval and recorded in the land records, or by a Final Plat. If the owner property desires to keep the stream system and buffer as an amen it , there shall be a covenant, to be submitted to the City.Engineer and© Planning amd E=n(71 ineenng D,irecto_, for approval and recorded in the land records,that restricts the use of the stream system and buffer to uses set forth herein, and specifies that the owner, or an owner designee, must ensure that the stream system and buffer is maintained by the owner, their heirs, successors and assigns for so long as the stream system and buffer remains in private ownership. e) Thetannin and E=n•ineerin Director or designee and City Engineer shall inspect the buffer annually and immediately following severe storms for evidence of sediment deposition, erosion, or concentrated flow channels. Corrective actions shall be taken to ensure the integrity and functions of the vegetative buffer. f) The City will maintain all vegetative buffer and stream systems that are created pursuant.to this section which have been dedicated to the public. g) Weeds and grass shall be maintained by the property owner, HOA, or Property Owner Association on which the easement is located in accordance the City Code of Ordinances provisions for high weeds and grass. 9. Linear Parks. It is the,policy of the City to reserve.appropriate spaces that may be interconnected into a linear park network. The City Council may require that any drainage or utility easement that provides a connection or connections to adjoining neighborhoods or an existing or proposed linear park network also be designated as a public access easement for the purpose of providing pedestrian and bicycle access and may request 346 Cibolo Unified Development Code onth XX,20d parkland dedication for this purpose in accordance with this UDC. Linear parks, when provided, must be designed in accordance with the Cibolo Design and Construction Manual. 10. Incentives. a) If buffer widths on first and second order streams are strictly adhered to, the conservation plan requirement shall:be waived. b) Credit shall be given as determined by the M Plannin and E=RM neerin Director or designee for the development of Linear Parks' around natural drainage and-wooded areas that provide potential recreational uses. Criteria for flood plain areas (based upon a hundred-year flood plain) that is dedicated as parkland, will be given credit as determined by the P&M E Director or designee by meeting the following requirements: i. Flood plain and natural drainage area shall generally.not exceed 60% of total park site. ii. At least fifty (50%)percent of required dedicated parkland shall have slopes in the range of 2% and not to exceed 5%, well-drained-and suitable for active use. Ill. Additional flood plain acreage over seventy-five (75%) percent.-of required parkland may be dedicated at a(3:1) ratio in acres in lieu of non-flood plain property and any such consideration of acreage shall be at the discretion of the Planning Director in compliance with the Parks and Open:Space Com rehensive Master Plan. iv. The OU Ylanni—nigra nd E=ngineerin_ Director or designee shall determine whether land offered . .for dedication complies with the standards for dedication as provided in the Cibolo Master Parks . Plan and Comprehensive Master Plan. c) Storm water discharges into large creeks For development adjacent to the main stem of Cibolo, Dietz, Town Creek East, Town Creek West, Town Creek or Santa Clara Creeks,storm water discharge may not require detention facilities, provided that the engineer is able to demonstrate that the increased direct discharge will not result in any adverse impacts to any downstream or adjacent property, and provided that there is compliance with the City Code of Ordinances Chapter 30 (Floods) and all other aspects of this UDC and Cibolo Design and Construction Manual. d) On-site detention within the plat boundaries of a residential subdivision. i. For detention ponds in residential developments voluntarily created to enhance the protection of®Firs and am =econ• Mrderg-treams,the required private maintenance shall extend to the warranty period as provided by other ordinances. ii. When a first or second order stream within development is voluntarily protected, a ROW. section may be similarly modified as provided herein. e) Commercial subdivisions distributed detention i. Distributed detention on commercial subdivisions where streams are to be voluntarily protected shall be allowed, deferring the construction of required storm water detention facilities to the building permit (construction) phase, so long as the deferral is approved at final platting and covered by a note on the face of the plat. ii. In cases where a development includes a protected stream system, the required detention volume may be distributed over the site provided the plat is annotated with a note indicating the"Q" (volumetric discharge) of each lot. M. The required private maintenance period for off-line detention facilities shall extend to the warranty period. Warranties shall remain in effect as provided by this UDC. 347 Cibolo Unified Development Code onth XJC,20Z iv: For developments where all lots are at least one acre in area, minimum storage requirements for detention and the maximum discharge rate requirement shall be included on the plat for each lot, specifying the requirement for each lot to individually meet the requirements of this. UDC and the Cibolo Design and Construction Manual during the building permit process. A General Note approved by the MePlanning andiii ineerina 'Director or designee that specifies these requirements shall be included on the face of the plat. Calculations for said lot storage volumes and discharge rates shall be approved by the City Engineer in conjunction. with their review of the improvement plans for the development during the platting process. f) . Park credit transferability i. Voluntary protection of first and second order streams entitle the owner to a park credit for,the stream system protected and its surrounding buffer on an equivalent square footage basis. If the following criteria are met: (1) Flood plain and natural'drainage area shall generally not exceed seventy-five (75%) percent of the site; (2) At least fifty (50%) percent of the buffer shall have slopes in the range of 2% and not to exceed 5%, be well drained and suitable for active use; (3) Additional park requirements, if any, shall be incorporated be adjacent to any buffer. (4) The buffer and the park space shall be reviewed by the lannin• and E=n•ineerin Director or designee to ensure that the buffer and park space requirement comply with the City Standards for Dedication as a park and buffer. (5) If the buffer and park meet the requirements set forth herein the lannin an E=n ineerin• Director, or designee shall make a recommendation to the City Council regarding the acceptance of said buffer and park.. ii. Mandatory protected third order streams and higherqualify for park credit for the surrounding buffer on an equivalent square footage basis. If the following criteria are met: (1) Flood.plain and. natural drainage area shall generally not exceed seventy-five (75%) percent of the site; (2) At least fifty.(50%) percent of the.buffer shall have slopes in the range of two (2%) percent and not.to exceed five (5%) percent, well drained and suitable for active use; (3) Additional park requirement, if any, shall be incorporated, or be adjacent to, an .buffe , (4) The buffer and the park space shall be reviewed by theUR lannin and E=n ineerin Director or.designee to[Ensure that the proposed buffer and park space complies with the City standards and .(5) If the..buffer and :park meet the requirements set forth herein, the lannin an Engi 'n,ee�rigl Director or designee shall make a recommendation to the City Council regarding the acceptance of said buffer and.park: iii. Park credits obtained pursuant to this provision shall be transferable but may only be used for projects identified on the current City 5-Year CIP. iv. In the event there is first, or second order stream systems located on a tract, ten acres or smaller, and the owner of said tract wishes to voluntarily preserve the stream system he shall. be entitled to a park credit. V. Any decision by the iPlannin and Engineerin: Director or designee which does not favor the acceptance of park and buffer may be appealed to the Planning and.Zoning Commission for a recommendation regarding the acceptance of the park and buffer to the City Council. 348