O-2020-1-02' ORDINANCE NO. 2020-1-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, AMENDING ARTICLE VH ZONING
DEVELOPMENT REGULATIONS SECTION 7.03.5 AND SECTION 7.07 AND
ARTICLE VHI SUBDIVISION REGULATIONS SECTION 8.10 OF THE ALLEN
LAND DEVELOPMENT CODE, AS PREVIOUSLY AMENDED, ESTABLISHING
REQUIREMENTS FOR THE PLACEMENT OF NEW RESIDENTIAL AND
NON-RESIDENTIAL. SERVICE, THE REQUIREMENTS FOR THE
UPGRADING AND REINFORCEMENT OF OVERHEAD UTILITIES AND
SCREENING OF UTILITIES AND APPURTENANT EQUIPMENT;
PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of the City of Allen, and the governing body of the City
of Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, have
given the requisite notices by publication and otherwise, and after holding due hearings and affording a full
and fair hearing to all the property owners generally and to all persons interested, and in the exercise of its
legislative discretion, have concluded that the Allen Land Development Code, as previously amended, should
' be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS THAT:
SECTION 1. The Allen Land Development Code is hereby amended by amending the articles, sections,
and subdivisions as set forth herein. New material in the text of the amended provisions of the Allen
Land Development Code is set forth in double -underline type; material deleted from the text of the
amended provisions of the Allen Land Development Code is set forth in strike-thm type.
SECTION 2. Article VIII Section 8.10 of the Allen Land Development Code is amended in part to read
as follows:
"Section 8.10. Extensions of Utilities.
1. When oversized water and wastewater mains are required by the system, the City will participate in
the cost of line extension on a prorata basis
2. Extensions of water and wastewater mains required to serve new subdivisions and other developments:
a. Required extensions - all development shall be required to extend across the full width of the
subdivision in such an alignment that it can be extended to the next property in accordance with
the master water and sewer plans for the City.
b. Properties already served by water and sewer shall not be required to install additional facilities
unless:
' i. the current lines are not of adequate capacity to serve the proposed development; in which
case the developer will be required to install adequate facilities; or
ii. the current lines are not of adequate capacity to serve the zoning of a property that has been
rezoned to a more intense use since the time of the original utility installation.
' 3. Utility Easement Requirements
a. The property owner shall be required to furnish all easements and rights-of-way designed to serve
the development. Where reasonable, utilities shall be located within streets or alley rightsof-
way, or other utility corridors identified by the City Engineer. All existing and proposed
easements shall be shown on the preliminary plat.
b. Municipal easements for water, sanitary and storm sewer shall be a minimum of
• 10 feet in width for lines measuring eight inches (8') in diameter or less.
• 15 feet in width for lines measuring more than eight inches (8') and less than or equal to
twelve inches (12') in diameter.
• 20 feet in width for lines exceeding twelve inches (12') in diameter.
Wider easements may be required by the Community Services Director, depending on the depth
and size of mains, and the existence of other utilities within the same easement.
4. Underground Utilities —
a. All new residential utility installations, including but not limited to electrical, gas, television, and
telephone/telecommunication shall be placed underground
b. All new non-residential utility installations, including but not limited to electrical, gas, television,
and telephone/telecommunication shall be placed underground where service is provided adjacent
to public street or right-of-way. Where electrical service is provided from an alley or rear
easement not located adjacent to a public street, primary electrical service may be provided
overhead along the property line. Primary and secondary electrical service routed on the site shall
be placed underground.
c. All new construction within the public street rightsof--way shall be located underground. Where
a street is scheduled for reconstruction, new development may be required to provide an escrow
of the difference between overhead and underground service.
d. Nothing herein shall prevent temporary service during construction from being located overhead.
e. New development shall assume responsibility for all expense related to the underground
placement of utilities.
f. All communication and electrical support equipment (transformers, amplifiers, switching devices,
etc.) necessary for underground installation shall be pedestal or pad mounted or placed under-
ground.
g. Any upgrade or reinforcement of facilities with existing overhead service by the service provider
shall require replacement of wooden poles with metal or concrete poles at the expense of the
service provider. An "upgrade" for purposes of this section, shall mean any change that requires
the installation, re -installation or addition of a new pole. In-line poles necessary for service drops
will be reviewed by the City Engineer, and may be approved on a case-by-case basis.
h. Any upgrade or reinforcement of facilities with underground service by the service provider shall
be placed underground at the expense of the service provider. .
i. All service drops must be underground and equipment shall be pad mounted and properly
screened.
' j. Electrical transmission lines 59 Kilovolts or more may be located overhead on galvanized steel
and/or concrete structures."
SECTION 3. That Article VII Section 7.03.5 Utility Services of the Allen Land Development Code is
hereby amended in part to read as follows:
Ordinance No. 2020-1-02, Page 2
' "Section 7.03.5. Utility Services
1. All new residential utility installations, including, but not limited to, electrical, gas, television and
telephone/telecommunication shall be placed underground
2.
All new non-residential utility installations, including but not limited to electrical, gas, television,
and telephone/telecommunication shall be placed underground where service is provided adjacent
to public street or right-of-way. Where electrical service is provided from an alley or rear
easement not located adjacent to a public street, primary electrical service may be provided
overhead along the property line. Primary and secondary service routed on the site shall be
placed underground.
3.
All new construction within the public street rights-of-way shall be located underground. Where
a street is scheduled for reconstruction, new development may be required to provide an escrow
of the difference between overhead and underground service.
4.
Nothing herein shall prevent temporary service during construction from being located overhead.
5.
New development shall assume responsibility for all expense related to the underground
placement of utilities.
6.
Any upgrade or reinforcement of facilities with existing overhead service by the service provider
shall require replacement of wooden poles with metal or concrete poles at the expense of the
service provider. An "upgrade" for purposes of this section, shall mean any change that requires
the installation, re -installation or addition of a new pole. In-line poles necessary for service drops
will be reviewed by the City Engineer, and may be approved on a case-by-case basis.
' 7.
Any upgrade or reinforcement of facilities with underground service by the service provider shall
be placed underground at the expense of the service provider.
8.
Utility meters and other utility apparatus, including, but not limited to transformers and switch
boxes, shall be located to the rear of the structure unless adequately screened from view from
public streets and adjoining properties and shall be suitable for access required for service and
maintenance. Adequately screened from view shall include screening walls as well as the
utilization of landscaping and other site elements.
9.
All required screening shall meet clearances required by affected utility companies and shall be
suitable for access required for service and maintenance. Wall -mounted equipment, including
meters (such as banks of electric meters on the rear or side wall of multi -tenant buildings), shall
be screened from public streets by one of the following methods.
a. Landscaping, including trees or evergreen shrubbery
b. Masonry walls in conjunction with landscaping.
c. Wall -mounted screening devices, such as cabinets or partitions which are architecturally
compatible with the building facade.
10. Electrical transmission 59 or more Kilovolts) may be located overhead.
SECTION 4. That Article VII Section 7.07 Fences and Walls of the Allen Land Development Code is
hereby amended in part to read as follows:
"Section 7.07. Fences & Walls.
' 3. Utilities
a. All new residential utility installations, including, but not limited to, electrical, gas,
television, and telephone/telecommunication shall be placed underground.
Ordinance No. 2020-1-02, Page 3
' b. All new non-residential utility installations, including but not limited to electrical, gas,
television, and telephone/telecommunication shall be placed underground where service is
provided adjacent to public street or right-of-way. Where electrical service is provided from
an alley or rear easement not located adjacent to a public street, primary electrical service
may be provided overhead along the property line. Primary and secondary service routed on
the site shall be placed underground.
c. All new construction within the public street rights-of-way shall be located underground.
Where a street is scheduled for reconstruction, new development may be required to provide
an escrow of the difference between overhead and underground service.
d. Nothing herein shall prevent temporary service during construction from being located
overhead.
e. New development shall assume responsibility for all expense related to the underground
placement of utilities.
f. Any upgrade or reinforcement of facilities with existing overhead service by the service
provider shall require replacement of wooden poles with metal or concrete poles at the
expense of the service provider. An "upgrade' for purposes of this section, shall mean any
change that requires the installation, re -installation or addition of a new pole. In-line poles
necessary for service drops will be reviewed by the City Engineer, and may be approved on a
case-by-case basis.
g. Any upgrade or reinforcement of facilities with underground service by the service provider
shall be placed underground at the expense of the service provider.
' h. Utility meters and other utility apparatus, including, but not limited to transformers and
switch boxes, shall be located to the rear of the structure unless adequately screened from
view from public streets and adjoining properties and suitable for access required for service
and maintenance. Adequately screened from view shall include screening walls as well as the
utilization of landscaping and other site elements.
i. Electrical transmission 59 Kilovolts or more may be located overhead."
SECTION 5. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be,
and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in
conflict herewith shall remain in full force and effect.
SECTION 6. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, or of the Allen Land Development Code, as amended hereby, be adjudged or held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Allen
Land Development Code, as amended hereby, which shall remain in full force and effect.
SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law
and the provisions of the Allen Land Development Code, as amended, in effect when the offense was
committed and the former law is continued in effect for this purpose.
SECTION 8. Any person, firm or corporation violating any of the provisions or terms of this ordinance
shall be subject to the same penalty as provided for in the Allen Land Development Code of the City of Allen,
. as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000) for each offense.
SECTION 9. This ordinance shall take effect immediately from and after its passage and publication in
accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained.
Ordinance No. 2020-1-02, Page 4
' DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 17m DAY OF JANUARY, 2002.
1
APPROVED: '`��(//')��
z6Q
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
lliC. . l CITY S—
Peter G. Smith, CITYORNEY J Morlli[7j1oa, CMC/AAE,_CITY SECRETARY
Ordinance No. 2020-1-02, Page 5