O-1237-4-94A.MEXItAn BY:
I � 3-1 -b—Sy
CITY OF ALLEN
SUBDIVISION REGULATIONS ORDINANCE NO. 1237-4-94
AN ORDINANCE PRESCRIBING RULES AND REGULATIONS GOVERN-
ING PLATS, PLANS, AND SUBDIVISION OF LAND WITHIN THE CITY OF
ALLEN, TERAS, AND ITS LEGALLY DEFINED EXTRATERRITORIAL
JURISDICTION; CONTAINING CERTAIN DEFINITIONS; PROVIDING
PROCEDURES FOR THE APPROVAL OF SUBDIVISION PLATS; ESTAB-
LISHING REGULATIONS FOR THE DESIGN AND CONSTRUCTION OF
STREETS, SIDEWALKS, ALLEYS, WATER AND SANITARY SEWAGE
FACILITIES, DRAINAGE AND STORM WATER UT111TIES; PROVIDING A
PENALTY OF NOT MORE THAN TWO THOUSAND DOLLARS ($2,000) FOR
EACH VIOLATION THEREOF; PROVIDING A SEVERABIIITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, under the provisions of the Constitution and laws of the State of Texas,
including particularly Chapters 231, Acts of the 40th legislature, Regular Session, 1927, as
heretofore and hereafter amended (compiled as Articles 974a and 6626, Vernon's Annotated
Revised Civil Statutes (VARCS)), and the provisions of Section 4 of the Municipal Annexation
Act, 1963, (compiled as Article 970a, VARCS), as heretofore and hereafter amended, hereafter
every owner of any tract of land situated within the City of Allen who may hereafter divide
the same in two (2) or more parts described by metes and bounds or otherwise for the
purpose of subdividing any tract of land or any addition to said City, or for subdividing
suburban lots or building lots, or any lots, and streets, alleys or parks, or other portions
intended for public use, or the use of purchasers or owners of lots fronting thereon or
adjacent thereto, are required to submit a plat of such subdivision or addition for approval
by the Planning & Zoning Commission of the City of Allen; and,
WHEREAS, the rules and regulations of the City established by this Ordinance governing
plats and subdivisions of the land in the corporate limits of the City of Allen are hereby
extended to and shall apply to all of the area under the extraterritorial jurisdiction of said
City, as provided for in the Municipal Annexation Act, 1963, enacted by the State of Texas
and which appears as Article 970a, VARCS: ,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS, THAT:
On and after the effective date of this Ordinance, any person, firm, corporation, or organiza-
tion seeking the approval of any plat, plan or replat of any subdivision of land within the City
of Allen, Texas, and its legally established extraterritorial jurisdiction shall be required to
comply with the requirements of this Ordinance before such approval may be granted, to -wit:
A i14 M"EC` fI Y
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ORDINANCE NO. 1237-4-94
TABLE OF CONTENTS
ARTICLE 100: GENERAL ................................. 100-2
Section 101
Purpose ............................
100-2
Section 102
Title ..............................
100-2
Section 103
Authority ...........................
100-2
Section 104
Policy .............................
100-4
Section 105
Definitions ..........................
100-4
ARTICLE 200: FLOOD PLAIN .............................. 200-1
Section 201 Procedure .......................... 200-1
Section 202 Delineation ......................... 200-1
Section 203 Staking ............................ 200-1
ARTICLE 300: PARTICIPATION AND ESCROW POLICIES ........... 300-1
ARTICLE 400: PROCEDURES ...................... . . . . . . . . 400-1
Section 401
General ............................
400-1
Section 402
Replat Procedure ......................
400-1
Section 403
Special Planned Development
Section 605
Entry Walls and Traffic Barrier Standards .......
Zoning Districts .......................
400-2
Section 404
General Development Plan ................
400-3
Section 405
Preliminary Plat ........ . ..............
400-4
Section 406
Final Plat ..........................
400-8
Section 407
Combination Plat ......................
400-12
Section 408
Permits Required ......................
400-12
ARTICLE 500: SUBDIVISION IMPROVEMENTS .................. 500-1
Section 501 Scope ............................. 500-1
Section 502 Procedures .......................... 500-1
Section 503 Construction Plans ..................... 500-1
ARTICLE 600: GENERAL DESIGN STANDARDS AND REQUIREMENTS
Section 601
Purpose ........................... .
Section 602
Street Standards and Policy ................
Section 603
Sidewalk Standards and Policy ..............
Section 604
Alleys .............................
Section 605
Entry Walls and Traffic Barrier Standards .......
Section 606
Water Utilities Standards .................
Section 607
Sewer Utility Standards ..................
Section 608
Extensions of Water and Sewer Mains .........
Section 609
Utilities Easement Requirements .............
Section 610
Street Lights .........................
Section 611
Irrigation ...........................
Section 612
Drainage Requirements ................" . .
Section 613
Lots, Common Areas, and Facilities ..........
600-19
Section 614
Blocks .............................
600-20
Section 615
Nonresidential Plats ....................
600-20
Section 616
Frontage and Access Standards .............
600-20
Section 617
Frontage Exception .....................
600-22
Section 618
Building Lines ........................
60(-22
Section 619
Fire Lanes ..........................
600-22
Section 620
Monuments and Markers .................
600-22
Section 621
Development on Existing Lots that were
1000-3
Section 1010
Previously Approved by the City ............
600-22
ARTICLE 700: PARK LAND DEDICATION ..................... 700-1
ARTICLE 800: DEVELOPMENT IMPACT FEES .................. 800-1
ARTICLE 900: ENFORCEMENT ............................ 900-1
Section 901 Authority of City Staff .................. 900-1
Section 902 Inspection of Construction ................ 900-1
Section 903 Maintenance Bond ..................... 900-1
ARTICLE 1000: PROVISIONS ............... . . . . . . . . . . . i nffl-t
Section 1001
Filing Fees ..........................
1000-1
Section 1002
Permits ............................
1000-2
Section 1003
Charges ...........................
1000-2
Section 1004
Penalty .............................
1000-2
Section 1005
Conflicting Ordinances Repealed ............
1000-3
Section 1006
Severability .........................
1000-3
Section 1007
Number and Gender ....................
1000-3
Section 1008
Headings ...........................
1000-3
Section 1009
Amendments to Statutes ..................
1000-3
Section 1010
Effective Date ........................
1000-4
EXHIBIT "A" - ORDINANCE NO. 1102-4-92
Park Dedication Ordinance
EXHIBIT "B" - ORDINANCE NO. 1068-12-91
Development Impact Fees
ORDINANCE NO. 1237-4-94
ARTICLE 100: GENERAL
Section 101: Purpose
101.1 To protect and provide for public health, safety, and general welfare of the
community.
101.2 To guide the future growth and development of the City, in accordance with the
Comprehensive Plan.
101.3 To guide public and private policy and action in providing adequate and efficient
transportation, water, sewage, and other public and private requirements and
facilities.
101.4 To establish reasonable standards of design and procedures for subdivision and
resubdivision and to further the orderly layout and use of land.
Section 102: Title
102.1 These regulations shall hereinafter be known, cited and referred to as the
"Subdivision Regulations" of the City of Allen, Collin County, Texas, and they
shall be a part of the Code of Ordinances of the City of Allen, Collin County,
Texas.
Section 103: Authority
103.1 Scope of Regulations - These subdivision regulations, design standards, and
improvement requirements for land development are adopted under the authority
of the provisions of the Constitution and laws of the State of Texas and Charter
of the City of Allen. The rules and regulations govern the subdivision and
development of land within the extraterritorial jurisdiction of the City of Allen.
103.2 The scope of these regulations shall include rules governing plats, plans,
subdivisions and development of land within the City of Allen, Texas, and its
legally defined extraterritorial jurisdiction including certain definitions; providing
procedures for the approval of subdivision plats; prescribing regulations for the
design and construction of streets, sidewalks, alleys, water and sanitary sewage,
utilities, drainage, and community facilities, in conjunction with immediate or
future development upon that property.
ORDINANCE NO. 1237-4-94
103.3 Jurisdiction - The Planning and Zoning Commission shall exercise the power and
authority to administer standards established by this ordinance and review,
approve, or disapprove plats and development plans for subdivision of land and
for any development within the corporate limits of the City (or unincorporated
extraterritorial jurisdiction areas of the county) which show lots, blocks, or sites
with or without new streets or highways or any lot improvement activities as
defined by the ordinance.
103.4 Under the authority of Articles 970a and 974a of the Revised Civil Statutes, as
well as other relevant statutes of the State of Texas, which articles are hereby
made a part of these regulations, the City Council of the City of Allen, Texas,
does hereby adopt the following regulations to hereafter control the subdivision
of land within the corporate limits of the City of Allen and in the unincorporated
areas lying within the extraterritorial jurisdiction of the city limits of Allen, in
order to provide for the orderly development of the areas, to secure adequate
provisions for traffic, light, air, recreation, transportation, water, drainage,
sewage, and other facilities, and to promote and protect the general health, safety,
and welfare of all citizens and persons in affected contiguous areas.
103.5 As used herein, the term "subdivision" shall mean the division of a tract or parcel
of land into two (2) or more lots for the purpose, whether immediate or future,
of sale or building or development, and shall include resubdivision. "Resub-
division" shall mean any change in the division of any existing subdivision or any
change in lot size therein or the relocation of any street lines.
103.6 Any person wishing to divide land inside the City of Allen or within the city's
extraterritorial jurisdiction shall submit to the Planning and Zoning Commission
a plan of the subdivision which shall conform to at least the minimum require-
ments set forth in these regulations. An owner subdividing land into parcels of
not less than five (5) acres each for agricultural use, each of which abuts an
existing dedicated. and improved public road, shall be exempt from these
requirements.
103.7 No subdivision plat shall be filed or recorded and no lot in a subdivision inside of
the City of Allen or within the city's extraterritorial jurisdiction shall be improved
or sold until the final plat shall have been considered by the Planning and Zoning
Commission.
103.8 Any violation of any provision of this ordinance which occurs outside the
corporate limits of the City of Allen and within the extraterritorial jurisdiction of
the said city shall not constitute a misdemeanor under this ordinance; however,
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under this ordinance, the city shall have the right to institute an action in the
district court to enjoin the violation of any provision of such ordinance in such
extraterritorial jurisdiction, and the district court shall have the power to grant any
or all types of injunctive relief in such cases.
Section 104: Policy
104.1 It shall be the policy of the city to:
104. 1.1 Withhold all city improvements, including the maintenance of streets and the
furnishing of sewage facilities and water service, from all developments that have
not been officially approved according to these regulations. No improvements
shall be initiated until the approval of the city has been given.
104.1.2 Prior to the issuance of any building permit, the property from which the permit
is being issued shall have been platted and shall exist as an official lot or tract of
record.
Section 105: Definitions
105.1 Block: A parcel of land intended to be used for urban purposes, which is entirely
surrounded by public streets, highways, railroad rights-of-way, public walks,
parks, or green strips, rural land, drainage channels, or a combination thereof.
105.2 Com: the municipal corporation of the City of Allen, Texas.
105.3 City Council: the duly elected governing body of the City.
105.4 City Engineer: the engineer employed by the City, or the engineer retained as
consultants to the City, or their duly authorized representative.
105.5 Combination Plat: a plat that contains three lots or less and fees are collected as
if it were both a preliminary and final plat.
105.6 City Official or Administrator: any person, elective or appointive, or any
employee, or any board or commission authorized or constituted by city ordinance
or State law to act in behalf of the City.
105.7 Commission: the Planning and Zoning Commission, as appointed by the City
Council to administer these regulations.
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ORDINANCE NO. 1237-4-94
105.8 Comprehensive Plan: the general plan for the growth and development of the City
and its environs; and including any elements of such plan, such as a Land Use
Plan, Thoroughfare Plan, Utilities Plan, Schools and Parks Plan, and others.
105.9 Cul-de-sac: A street having one vehicular access to another street and terminated
by a vehicular turn -around.
105.10 DeveloWr: The person, business, corporation, or association responsible for the
development of the subdivision or addition. In most contexts, the terms developer
and property owner are used interchangeably.
105.11 Easement: A grant by the property owner to the public, corporation, or persons,
for a special purpose not inconsistent with the general property and the owner as
designated as follows:
105.11.1 Easement. utility - a strip of land to be used for the purpose of utility systems
which contain an area that shall be kept free of all or part of any buildings,
fences, trees, shrubs, or other improvements, or growths, which in any way
endanger or interfere with its maintenance, or operation. There shall be
unobstructed ingress and egress to and from and upon the said easement.
105.11.2 Easement. drainage - trench or bed utilized for drainage purposes which contains.
an area that shall be kept free of all or part of any buildings, fences, trees, shrubs,
or other improvements, or growths, which in any way endanger or interfere with
its maintenance, or operation. There shall be unobstructed ingress and egress to
and from and upon the said easement.
105.11.3 Easement. fire lane - a lane which conforms to the requirements of the Fire Code
of the City of Allen that is unobstructed and prohibits parking by clearly defined
markings.
105.11.4 Easement, public access - a lane which allows vehicular or pedestrian traffic to
transverse from one property to another.
105.12 Estate Subdivision: a subdivision of lots at least one (1) acre in size intended for
single-family use which may be determined by the City to be adequately
developed and served by septic tanks, wells, and/or other facilities normally
associated with rural development.
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ORDINANCE NO. 1237-4-94
105.13 Extraterritorial Jurisdiction (EM: all land situated as classified by Article 970a
VARCS in all directions from the corporate boundary of City and its extensions,
and which is not in conflict with the ETJ of another City.
105.14 FEMA: the Federal Emergency Management Agency.
105.15 Final Plat: a map, drawing or chart prepared according to the provisions of this
ordinance, and containing all engineering and legal data, dedications, and
certificates necessary to the recording of same in the map and plat records of the
county.
105.16 Floodplain: The area that is determined to have a 1 % annual chance (100 -year)
of flooding, and consists of the floodway and floodway fringe.
Floodwav: The channel of a stream, plus any adjacent floodplain areas, that must
be kept free of encroachment so that the 100 -year flood can be carried without
substantial increases in flood heights.
Floodway Fringe: The area between the floodway and 100 -year floodplain bound-
aries.
100 YEAR FLOOD PLAIN
LOODWAY FLOOONAY
FRINGE FLOODWAY
FRINGE
STREAM
CHANNEL
FLOOD ELEVATION WHEN
CONFINED WITHIN FL00C*F v
ENCROACHMENT
SURCHARGE• •�
AREA Of FLOOD PLAIN THAT COULD ��
BE USED FOR DEVELOPMENT BY FLOOD ELEVATION
RAISING GROUND BEFORE ENCROACHMENT
ON FLOOD PLAIN
LINE A E IS THE FLOOD ELEVATION BEFORE ENCROACHMENT
LINE C O IS THE FLOOD ELEVATION AFTER ENCROACHMENT
105.17 General Development Plan: a map, drawing or chart drawn to scale on which is
shown the subdivider's proposed arrangement of streets, lots, easements, other
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ORDINANCE NO. 1237-4-94
public spaces, and general land uses on all contiguous properties owned or held
under single ownership from which a proposed subdivision is intended to be made.
The general development plan may be the same as a preliminary plat, if such plan
complies with the requirements of a preliminary plat.
105.18 Land Planner: any person skilled in the art and science of arranging and
designing the layout of land so as to create adequate and desirable building sites,
a coordinated street system, and space appropriate to the efficient removal of
storm water and the provision of public services and utilities all consistent with
the long-range goals and the objectives of the Comprehensive Plan. A Land
Planner may be trained in any of several specialties; and where appropriate
experience is demonstrated, the term includes architect, engineer, landscape archi-
tect, and surveyor.
105.19 Lot: an undivided tract or parcel of land having frontage on a public street and
designated as a distinct tract.
105.20 Plat: a map or chart of the subdivision. It shall include plan, plat, and replat.
105.21 Preliminary Plat: any plat of any lot, tract, or parcel of land that is not to be
recorded for record but is only a proposed division of land for review and study
by the City.
105.22 Pro Rata Agreement: a contract for reimbursement of cost based upon a
distribution of use or service.
105.23 Replatting: the resubdivision of any part or all of any block or blocks of a
previously platted subdivision, addition, lot, or tract.
105.24 Right -of --Wax: the land area provided by dedication for public use for streets,
utilities, walks, and other uses to serve adjoining properties.
105.25 Street: Any public or private right-of-way which affords the primary means of
vehicular traffic, whether a designated street, highway, thoroughfare, parkway,
throughway, road, avenue, boulevard, land, place, or otherwise designated.
105.26 Street. Arterial or Thoroughfare: a principal traffic way more or less continuous
across the city or areas adjacent thereto and shall act as a principal connecting
street with State and Interstate Highways.
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ORDINANCE NO. 1237-4-94
105.27 Street, Collector: a street which is continuous through several residential districts
and is intended as a connecting street between residential districts and thorough-
fares, highways, or business district.
105.28 Street. Perimeter: a street located along the boundary of an existing or proposed
subdivision.
105.29 Street. Residential: a street which is intended primarily to serve traffic within a
neighborhood or limited residential district and which is used primarily for access
to abutting properties.
105.30 Street, Width (paving): The width of the driving surface that is commonly used
by vehicular traffic, including any associated curbs. This is normally the width
of the paved driving surface as measured from edge of pavement to edge of
pavement.
105.31 Subdivider: Any person who (1) having an interest in land causes it, directly or
indirectly, to be divided into a subdivision or platted as an addition or who (2)
directly or indirectly, sells, leases, or develops, or offers to sell, lease, or
develop, or advertises to sell, lease, or develop, any interest, lot, parcel site, unit,
or plat in a subdivision or addition, or, who (3) engages directly or through an
agent in the business of selling, leasing, developing, or offering for sale, lease,
or development a subdivision or addition or any interest, lot, parcel site, unit or
plat in a subdivision or addition, or who (4) is directly or indirectly controlled by,
or under direct or indirect common control with any of the foregoing.
105.32 Subdivision: the division of any lot, tract, or parcel of land into two or more lots
or sites for the purpose of sale or of building development, whether immediate or
future. The term includes resubdivision or replatting of an existing subdivision,
but does not include the division of land for agricultural purposes in parcels or
tracts of five acres or more and not involving any new street, alley or easement
of access. When appropriate to context, the term subdivision shall relate to the
process of subdividing or to the land subdivided.
105.33 Tree Cover: The perimeter of the combined drip line of one or more trees
containing calipers greater than 6".
105.34 VARCS: Vernon's Annotated Revised Civil Statutes
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ORDINANCE NO. 1237-4-94
105.35 Zoning Ordinance: the duly adopted ordinance of the City of Allen establishing
certain districts within the city and regulating the use of land, size of lots, size and
height of buildings, and other elements of development within those districts.
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ORDINANCE NO. 1237-4-94
ARTICLE 200: FLOODPLAIN
Section 201 Procedure
All development plans and subdivision plats submitted to the City shall comply
with the procedures and standards specified within the City of Allen Floodplain
Ordinance No. 1030-4-91. If any portion of the subject property contains a
drainage course, lies within 100 feet from the top of a high bank, or contains
Federal Emergency Management Agency (FEMA) floodplain, then the drainage
basin area must be determined. Should that area be 160 acres or greater, then the
100 -year floodplain, as calculated by ordinance specifications, must be established.
After receiving staff approval of the floodplain study and delineation, the
floodplain should be platted and dedicated to the City of Allen, either separately
or concomitantly with the adjacent property, according to the procedures listed in
this ordinance.
Section 202 Delineation
If a Floodplain (FP) prefix has been attached to the zoning of the property, a
detailed flood study is automatically required. Should the FP prefix not be
attached, and the property drains more than 160 acres, the process listed above
in Section 201 must be followed.
All subdivision plats will be submitted to the Office of Community Development
for review by the City Engineer who has the responsibility of reviewing floodplain
information, including the drainage basin area or the proper floodplain delineation.
The City Engineer may require further technical information should further
investigation prove necessary.
Section 203 Staking
The floodplain shall be designated on the subject property with materials that meet
the approval of the City Engineer at 200' intervals at the cross-section of the
floodplain study. Said materials shall remain in place until the construction in the
subdivision is completed.
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ORDINANCE NO. 1237-4-94
ARTICLE 300: PARTICIPATION AND ESCROW POLICIES
Section 301: General
The developer shall be responsible for all internal and adjacent roadways and
infrastructure. For thoroughfares greater than 4 lanes, the City shall be
responsible for the two inside lanes when such lanes are warranted and funds are
available. The developer shall be responsible for a minimum of 24 feet of driving
surface and storm drainage on the perimeter streets, including thoroughfares. The
right-of-way and surface requirements shall be determined by the adopted Thor-
oughfare Plan, Subdivision Ordinance, and/or zoning requirements. The
developer will also be responsible for the escrow of funds for median landscaping,
irrigation, and street lighting, which are consistent with City standards. If
development occurs on only one side of the thoroughfare, then only 1/z of these
costs shall be escrowed.
If a six -lane divided thoroughfare contains bridges, the developer is required to
construct the adjacent three (3) lanes, with an understanding that the City's
participation for the third lane would be 26% of the total cost, to be reimbursed
at a future date when bond funds are available. If the bridge is on a four -lane
divided thoroughfare, then the developer is responsible for the total cost of the
bridge. If the bridge is on a thoroughfare of seven or more lanes, then the
developer is responsible for the remaining incremental cost of the bridge.
When the City deems it appropriate to delay construction of an adjacent perimeter
street, it may require the developer to enter into a facilities agreement for the es-
crow of funds in lieu of said construction.
This facilities agreement shall be a legally binding agreement between the City
and the developer that identifies the responsibilities of both parties. Such facilities
agreement may stipulate pro rata payments, escrow deposits, park land dedica-
tions, or payments for other facilities or infrastructure. The Developer shall
include in such an agreement a hold harmless and indemnity clause that holds the
City harmless against any claim against the Developer's Subdivision or any actions
taken therein.
When the construction of the required improvements have proceeded until certain
portions of the Subdivision are adequately served, the City Engineer may release
specific phases of the Subdivision for use prior to the completion of all improve-
ments. This shall not be allowed if the release of such improvements will
jeopardize or hinder the continued construction of required improvements, and the
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ORDINANCE NO. 1237-4-94
Facilities Agreement shall remain in force for all portions of the subdivision- for
which a release has not been executed.
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ORDINANCE NO. 1237-4-94
ARTICLE 400: PROCEDURES
Section 401: General
The preparation, submittal, review, and approval of all subdivision plats shall
proceed through the following steps:
General Development Plan
Preliminary Plat
Final Plat
Section 402: Replat Procedure Without Vacating Preceding Plat
402.1 A replat of a subdivision or a part of a subdivision without vacation of the
preceding plat must:
1. Be signed and acknowledged by only the owners of the property being
replatted;
2. Be approved, after a public hearing on the matter at which parties in
interest and citizens have an opportunity to be heard, by the Planning and
Zoning Commission; and
3. Must not attempt to amend or remove any covenants or restrictions
existing on the property to be replatted.
402.2 In addition to complying with the provisions of Section 402.1 herein, a replat
without vacation of the preceding plat must conform to the requirements of this
Section 402.2(a), (b), and (c) if:
1. During the preceding five (5) years, any of the area to be replatted was
limited by an interim or permanent zoning classification to residential use
for not more than two (2) residential units per lot; or
2. Any lot in the preceding plat was limited by deed restrictions to residential
use for not more than two (2) residential units per lot.
If the conditions described in (1) or (2) above exist, then the following is required:
a. Notice of the hearing required by Section 402.1(2) of this ordinance shall
be given before the 15th day before the day of the hearing by:
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ORDINANCE NO. 1237-4-94
(i) Publication in the City's officially designated newspaper; and
(ii) By written notice, with a copy of the specific language contained
in the following subsection (b) attached thereto, forwarded by the
Planning and Zoning Commission to the owners of property in the
original subdivision located within 200 feet of the property upon
which the replat is requested, as such owners are indicated on the
most recently approved municipal tax roll or, in the case of a
subdivision within the extraterritorial jurisdiction of the City of
Allen, the most recently approved county tax roll. The written
notice may be delivered by depositing the notice, properly
addressed with the postage prepaid, in a post office or postal
depository within the municipal boundaries of the City of Allen.
b. If the proposed replat is protested in accordance with this subsection, the
proposed replat must receive, in order to be approved, the affirmative vote
of at least three-fourths of all members of the municipal planning
commission. For a legal protest, written instruments signed by the owners
of at least 20 percent of the area of the lots or land immediately adjoining
the area covered by the proposed replat and extending 200 feet from that
area, but within the original subdivision, must be filed with the municipal
planning commission prior to the close of the public hearing.
C. In computing the percentage of land area under subsection (b) above, the
area of streets and alleys shall be included.
Compliance with subsections (b) and (c) herein is not required for approval of a
replat of part of a preceding plat if the area to be replatted was designated or
reserved for other than single or duplex family residential use by notation on the
last legally recorded plat or in the legally recorded restrictions applicable to the
plat.
Section 403: Special Planned Development Zoning Districts
403.1 Where it is proposed to develop and plat a unified residential, commercial,
industrial, and/or institutional project under the provisions of Planned Develop-
ment zoning, the Planning and Zoning Commission may approve the variance of
specific requirements of this ordinance based upon an approved detailed site plan
which is to be followed at time of preliminary and final platting.
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ORDINANCE NO. 1237-4-94
Such modification shall be governed by the Planned Development ordinance
standards that grant such modification from normal standards. The approved
Planned Development is considered an optimal zoning, and the subdivision process
is intended to provide an avenue for the application of innovative planning
concepts. In reviewing Planned Development standards, traditional standards are
utilized as the base standard for comparison and guidance. Any modification of
those standards shall meet all of the following criteria:
403.1.1 The modified proposal shall conform to the intent of the Comprehensive Plan.
403.1.2 The modification will not have the effect of preventing the orderly subdivision of
other land in the area.
403.1.3 The need must exist for a variance of requirements to accomplish a unique project
design, as distinguished from a need for a variance for personal convenience.
403.1.4 The proposed development cannot be readily accomplished through standard
zoning districts or subdivision processes.
403.1.5 The proposed modification must substantially accomplish the intent of the standard
and improve the overall development design.
Section 404: General Development Plan
404.1 A General Development Plan will be required by the subdivider unless specifically
waived by the Office of Community Development. A plan must be submitted if
the tract initially proposed for platting is only a portion of a larger landholding of
the subdivider, or a tract of land is sufficiently large to comprise an entire
neighborhood or neighborhoods; or the tract is complicated by unusual physical,
utility, land use, ownership, or other conditions. The General Development Plan
shall include:
404.1.1 The Plan shall be drawn to a scale of 1" = 200' or larger.
404.1.2 True north shall be clearly indicated and shall be to the top or left of the study.
404.1.3 Arrangement and correlation of street pattern, particularly collector streets and
major street system, to provide good traffic circulation throughout the neigh-
borhood.
ORDINANCE NO. 1237-4-94
404.1.4 The Plan shall show the names of adjacent additions or subdivisions or the name
of record of owners adjoining parcels of unplatted land.
404.1.5 General location and size of school sites, park and recreation areas, and other
public areas.
404.1.6 Location of shopping centers, multifamily residential, and other land uses.
404.1.7 Proposals for water, sewer, and drainage systems in relation to master plans
where they exist for these facilities.
404.1.8 Proposals for service as furnished by private utility companies.
404.1.9 Summary of uses by type, number, and acreage.
404.1.10 Identification of any flood prone areas and general proposals for such areas as
described in Article 200 herein.
404.1.11 Identification of any tree cover containing 6 or more trees with a caliper of 6" or
more that are outside the floodplain which may be bisected by streets or alleys in
order to reduce the destruction of trees.
404.2 Acceptance of General Development Plan:
The Office of Community Development will have the review of the Development
Plan completed within forty-five (45) days or less of submission. Only after
acceptance of the General Plan by the Office of Community Development and the
City Engineer shall the Preliminary Plat(s) be prepared. If development is to take
place in several phases, the General Plan should be submitted as supporting data
for each part.
Section 405: Preliminary Plat
405.1 Zoning - The subdivision should be designed within the requirements for the
specific zoning district within which it is located. Any change in zoning required
in relation to the preliminary plat shall have been adopted by the City Council
prior to preliminary plat approval by the Commission.
405.2 Preliminary Plat Submission - Upon an agreeable completion of the General
Development Plan process, the developer shall prepare and submit the preliminary
plat to the Office of Community Development not less than twenty-one (2 1) days
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ORDINANCE NO. 1237-4-94
prior to the Commission meeting at which such plat is to be considered. The
following information, certified by a State registered professional engineer, land-
scape architect, a registered public surveyor, or land planner in accordance with
the requirements of this Ordinance, shall be submitted:
Four (4) copies of a preliminary plat showing the general features of the proposed
development for distribution to the following entities: Department of Community
Development (2); Department of Public Works; and Fire Department. Within five
(5) days of approval of the preliminary plat by the Commission, then four (4)
copies will be needed for appropriate distribution (see section 405.6).
405.3 This preliminary plat shall be drawn on a scale of one (1) inch equals one hundred
(100) feet or larger and shall show the following:
405.3.1 The outline of the tract that is proposed to be subdivided, with boundary dimen-
sions.
405.3.2 The proposed plan of subdivision, showing streets, blocks, lots, alleys, easements,
building lines, parks, existing and proposed sewers, water mains, culverts, or
other underground structures with pipe sizes, grades, and locations indicated. The
preliminary plat shall cover all of the tract intended to be developed whether in
total or by sections.
405.3.3 The names of subdivisions; lot patterns; location, widths, and names of existing
or planned streets and intersections; and any blocks, lots, alleys, easements,
building lines, water courses, floodplain, boundary of tree cover, or other natural
features, with principal dimensions; and any other significant information on all
sides for a distance of not less than two hundred (200) feet.
405.3.4 The names of proposed streets, which should follow a consistent theme. All cul-
de-sac streets shall be entitled with the suffix "Court." Whenever possible, the
names should conform to existing street names.
405.3.5 The location of the nearest existing sewers, water and gas mains, and other public
utilities, if any. If none near vicinity, so state.
405.3.6 A proposed general plan for drainage, to include approximate delineation of 100
year storm, as specified in Article 200 herein.
405.3.7 The proposed drainage plan shall include: a topographical map in sufficient detail
showing all abutting drainage areas either contributing to the storm water flows
ORDINANCE NO. 1237-4-94
within the proposed subdivisions or receiving storm water flows from the
proposed subdivision; preliminary plans for drainage improvements within the
proposed subdivision.
405.3.8 The name of the proposed subdivision, north point, scale, date, acreage, and
number of lots.
405.3.9 The name of the owner or owners and the signature, date, telephone number and
address of the registered professional engineer, landscape architect, public sur-
veyor, or land planner who has prepared the preliminary plat.
405.3.10 A location map of the proposed subdivision at a scale of 1 inch to 2,000 feet
showing existing and proposed major features covering an area of at least one mile
in all directions from the proposed subdivision.
405.3. 11 The contours at not more than five (5) foot intervals.
405.3.12 The proposed plan of improvements and utilities to be constructed in the
subdivision, prepared by a registered professional engineer, shall be shown with
indication of street widths and utility line sizes. The accurate location of any,
existing utilities within the subdivision shall be shown on the Preliminary Plat.
405.3.13 Building Setback Lines.
405.3.14 Prior to assigning street names to a preliminary plat, approval of the names should
be received from the Department of Community Development.
405.4 The following certificate shall be placed on the Preliminary Plat:
"APPROVED FOR PREPARATION OF FINAL PLAT
Preliminary Plat approval is subject to the delineation of the floodplain boundaries, based -
upon fully developed conditions, and approval by the City Engineer's office."
Chairman, Planning Commission Date"
405.5 Preliminary Plat Review - On receipt of the preliminary plat, the Office of
Community Development shall:
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ORDINANCE NO. 1237-4-94
Review the preliminary plat for compliance with public objectives, giving special
attention to design principles and standards; to streets and thoroughfares as related
to the Master Thoroughfare Plan of the Comprehensive Plan and to neighborhood
circulation; to existing and proposed zoning and land use of the tract and adjacent
tracts; and to sites required for schools, parks, and other public facilities.
Distribute copies of the preliminary plat to the following offices:
REVIEW COPIES:
City Departments
Community Development (2)
Engineering
Fire
APPROVED PRELIMINARY PLAT:
City Departments -
Community Development (2)
Engineering
Fire
Any other entity that the Office of Community Development considers
appropriate.
The reviewing offices will transmit their recommendations to the Office of
Community Development. Said Office will then summarize the recommendations
of the reviewing offices and present them to the Planning and Zoning Commission
for their consideration of the preliminary plat.
405.6 Preliminary Plat Approval.
The Commission shall render a decision thereon at the next regular meeting of the
Commission. Such decision may consist of approval, conditional approval, or
disapproval. The action of the Commission shall be noted on two (2) copies of
the Preliminary Plat. One (1) copy shall be returned to the developer within
fourteen (14) days of Commission action, and the other copy retained as a
permanent record of the Office of Community Development.
The approval of a Preliminary Plat by the Commission is the authorization to pro-
ceed with the preparation of the Final Plat and application to consider the Final
Plat. Approval or conditional approval of a Preliminary Plat does not constitute
the acceptance of a subdivision or the improvements placed therein.
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ORDINANCE NO. 1237-4-94
The conditional approval of a Preliminary Plat by the Commission is the
approval of the plat subject to compliance with all conditions prescribed by the
Commission. All conditions prescribed by the Commission shall be furnished in
writing to the developer within fourteen (14) days of Commission action. These
corrections shall be made by the developer within fourteen (14) days and
resubmitted for signature. Failure to provide these corrected copies within
fourteen (14) days shall constitute disapproval of the Preliminary Plat. Compli-
ance with the conditions imposed shall be reflected in the Final Plat and related
documents required for consideration of the Final Plat. Failure to comply with
the conditions imposed shall constitute disapproval of the Preliminary Plat.
The disapproval of a Preliminary Plat by the Commission shall be final. Written
notice of the reasons for disapproval shall be provided to the developer within
fourteen (14) days of Commission action.
Commission approval shall be valid for a period of twelve (12) months from the
date of Commission action. If within the twelve (12) month period no application
is made for Final Plat consideration, the Preliminary Plat shall become null and
void. The developer may request and the City, at its discretion, may grant an
extension of the time limit for a specified period of time.
If the developer intends to develop a proposed subdivision in sections or phases, -
he shall at the time of application for Preliminary Plat consideration, so state. In
this case, a General Development Plan will be required as stated in Section 404.
Section 406: Final Plat
406.1 This step includes the final design of the subdivision, engineering of public
improvements, and submittal of the final plat by the subdivider.
406.2 Final Plat Application - After the preliminary plat has been approved by the
Commission and any or all conditions are complied with, and engineering plans
approved by the City Engineer, the developer's representative shall prepare and
file the final plat with the Office of Community Development not less than
fourteen (14) days prior to the meeting of the Commission at which the plat is to
be considered. All questions concerning technical requirements for the final plat
should be addressed to the City Engineer. The final plat shall comply with the
requirements of this Ordinance and shall include the following:
The following copies should be provided:
SIZE: 24 X 36
ORDINANCE NO. 1237-4-94
1 Mylar for Community Development files
1 Mylar for Collin County
1 Mylar to be returned to the Developer
1 Blueline for Community Development files
1 Blueline for Code Enforcement Office
1 Blueline for appropriate School District
1 Blueline for AISD Tax Office
1 Blueline for Post Office
1 Blueline for Lone Star Gas
1 Blueline for appropriate Electric Company
1 Blueline for Cable Utility
1 Blueline for Southwestern Bell Telephone
SIZE 17 X 23
1 Mylar for Collin County to be delivered to Central Appraisal
District
2 Bluelines for Community Development
1 Blueline for City Secretary
COMPUTER DISK
On all properties containing more than three (3) lots, or more than
two (2) acres, one (1) copy of the final plat shall be provided on
nonreturnable floppy disk in a ".DWG" or ".DXF" format.
The originals and copies shall be clearly legible and contain original signatures.
The original plat shall be drawn to a scale of one inch equals one hundred feet (1"
= 100') or larger in ink on mylar or other acceptable permanent material, with
all figures and letters legible.
406.3 The final plat shall be submitted to the Office of Community Development in
proper form for filing with the Office of the County Clerk with the following
information given:
406.3.1 The name or names of the owner and developer.
406.3.2 The name and address of the Registered Professional Land Surveyor who prepared
the survey.
406.3.3 The name of the proposed subdivision and any adjacent subdivisions.
406.3.4 The designation of total number of lots and total acreage.
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ORDINANCE NO. 1237-4-94
406.3.5 The name of streets, which should follow a consistent theme. All cul-de-sac
streets shall be entitled with the suffix "Court." Whenever possible, the names
should conform to existing street names.
406.3.6 The numbers of lots and blocks, in accordance with a systematic arrangement.
406.3.7 The north point, date, acreage being subdivided, and scale. All plats shall be on
a scale of one (1) inch equals one hundred (100) feet or larger.
406.3.8 An accurate boundary survey of the property, with bearings and distances
referenced to the corner of an existing survey or established subdivisions, with
complete and accurate field notes of said boundaries. The lines with dimensions
of all adjacent lands and the lines with dimensions of adjacent streets, alleys, and
easements in adjacent subdivisions shall be shown in dashed lines.
406.3.9 The location of proposed lots, streets, alleys, easements, building setback lines
(both front and side streets), and other features.
406.3.10 All necessary dimensions, including linear, angular and curvilinear, and other
surveying information necessary to reproduce the plat on the ground with the
linear and curvilinear dimensions shown in feet and decimals of a foot.
406.3.11 The angular dimensions shall be shown by true bearings. The length of all
straight lines, deflection angles, radii, tangents, central angle of curves shall be
shown. All curve information shall be shown for the center line of the street.
Dimensions shall be shown from all angle points and points of curve of lot lines.
All lots on curves shall be shown with the curve length dimensions based on arc
definitions.
406.3.12 All survey monuments shall be shown on the plat (see Section 620).
406.3.13 All deed restrictions that are to be filed with the plat.
406.3.14 An accurate outline description, and area to the nearest hundredth of an acre, of
all parcels of land which is offered for dedication or reserved for public use, or
reserved in the deeds for the use of all property owners in the proposed
subdivision, or reservations for other uses, together with the purpose and
conditions or limitations of such reservations and/or dedications, if any.
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ORDINANCE NO. 1237-4-94
406.3.15 A location map of the proposed subdivision at a scale of 1 inch to 2,000 feet
showing existing and proposed major features covering an area of at least one mile
in all directions from the proposed subdivision.
406.3.16 A certificate, signed by the City Tax Assessor, stating that all taxes and
assessments then due and payable on the land contained within the subdivision
have been paid.
406.3.17 Certification by a Registered Professional Land Surveyor, licensed by the State
of Texas, placed on the plat as follows:
KNOW ALL MEN BY THESE PRESENTS:
THAT I, , do hereby certify that I prepared this plat from
an actual and accurate survey of the land and that the corner monuments shown
thereon shall be properly placed, under my personal supervision, in accordance
with the subdivision regulations of the City of Allen, Texas.
(SEAL)
406.3.18 The following certificates shall be placed on the Final Plat, in a manner that will
allow the filling in of the certificate by the proper party:
"Approved"
Chairman
Planning and Zoning
Commission
"Executed Pro Forma"
Mayor
City of Allen, Texas
Date Date
The undersigned, the City Secretary of the City of Allen, Texas, hereby certifies
that the foregoing Final Plat of the
Subdivision or Addition to the City of Allen was submitted to the Planning and
Zoning Commission and approved by it on the day of 19_;
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ORDINANCE NO. 1237-4-94
and that such approval constitutes acceptance by the City of Allen of the
dedication of streets, alleys, parks, easements, and public ways, as shown and set
forth in and upon said Plat, subject to the provisions of the Subdivision Ordinance
of the City of Allen, as amended.
City Secretary
City of Allen
406.4 Final Plat Review - The final plat shall be submitted to the Department of
Community Development for review of its completeness and conformity to the
approved preliminary plat. Utility easements, access, and fire lanes shall be
reviewed by the City Engineer and Fire Marshal.
406.5 Final Plat Approval.
The Commission shall render a decision within thirty (30) days after acceptance
of the submission by the Department of Community Development. Said decision
will consist of approval or disapproval. Reasons for disapproval shall be stated
by the Commission in writing within fourteen (14) days.
Upon presentation of a revised final plat that identifies all utility easements, or
within ninety (90) days of Planning & Zoning Commission approval, whichever
comes first, the Department of Community Development shall file the final plat
with Collin County Deed Records. No building permits can be issued within a
residential subdivision prior to the filing of the final plat. Should the developer
fail to pay all applicable development and/or construction fees within the above
ninety (90) days, then the final plat shall be rendered null and void. Failure to
comply with this requirement will result in automatic termination of the approved
final plat after the expiration of one hundred twenty (120) days of approval by the
Planning & Zoning Commission.
Section 407: Combination Plat Approval: The subdivider may elect to submit a combination
plat whenever (1) the tract is to be subdivided into no more than three (3) lots; (2)
no change of street locations would be required; and, (3) the proposed develop-
ment will be similar in density and intensity as adjacent zoning districts.
Section 408: Permits Required
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ORDINANCE NO. 1237-4-94
408.1 Clearing and Grading Permit - A Clearing and Grading Permit for the purpose of
subdividing or subsequent development shall be required prior to the clearing,
grading, filling, or dredging of property within the City of Allen or its ETJ. The
clearing and grading permit may be issued by the City Engineer only after
approval of the preliminary plat by the Planning & Zoning Commission.
408.2 Development Permit - A Development Permit will allow for the construction of
public streets, utilities, drainage, or other improvements. Such permit shall
describe the property and the nature of the development, and shall be accompanied
by construction plans adequate to describe the improvements. The City Engineer
shall approve a construction schedule during a pre -construction conference that
shall be held prior to the issuance of this permit. All plans accompanying permits
for any work within a floodplain shall be certified by a registered professional
engineer. The development permit may be issued by the City Engineer only after
approval of the final engineering, and the final plat by the Planning & Zoning
Commission.
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ORDINANCE NO. 1237-4-94
ARTICLE 500: SUBDIVISION IMPROVEMENTS
Section 501: Sgo
501.1 Concurrent with the final plat, the developer shall submit construction documents
for the development of all public improvements proposed in the subdivision or
section thereof.
Section 502: Procedures
502.1 Said construction documents are to be submitted to the City Engineer.
502.2 Upon approval of the above plans and any required agreements between the City
and the subdivider, and payment of inspection fees, appropriate construction
documents for all facilities will be filed with the City.
502.3 Following the completion of the subdivision improvements and final inspections,
the subdivision improvements shall be submitted for approval and acceptance by
the City Engineer who shall notify the subdivider in writing of said final
acceptance.
Section 503: Construction Plans
503.1 Construction plan and profile sheets for all public improvements shall be reviewed
prior to construction and approval of the final plat. Construction plans and
profiles shall be drawn on sheets measuring twenty-four (24) by thirty-six (36)
inches. Each sheet shall include north point, scale, and date. Benchmark descrip-
tions to sea level datum shall be included with the plans.
Each sheet shall show the seal and signature of the registered professional
engineer licensed by the State of Texas who prepared the plans and shall include
the following, unless specifically approved otherwise by the City Engineer:
503.1.1 A plan and profile of each street with top of curb grades shown. Scale shall be 1"
= 50' horizontally, and appropriate vertical scale.
503.1.2 The cross-section of proposed streets, alleys, and sidewalks, showing the width
and type of pavement, base and subgrade, and location within the right-of-way.
City standards shall not be shown on the construction plans.
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ORDINANCE NO. 1237-4-94
503.1.3 A plan and profile of proposed sanitary sewers, with grades and pipe sizes
indicated and showing locations of manholes, cleanouts, and other appurtenances,
and a cross section of embedment.
503.1.4 A plan of the proposed water distribution system showing pipe sizes and location
of valves, fire hydrants, fittings, and other appurtenances, with a section showing
embedment.
503.1.5 A plan to scale of all areas contributing storm water runoff or drainage within and
surrounding the proposed subdivision. Such plan shall indicate size of areas,
storm frequency and duration data, amounts of runoff, points of concentration,
and other data necessary to adequately design drainage facilities for the area.
503.1.6 A plan and profile of proposed storm sewers, showing hydraulic data, pipe grades
and sizes, manholes, inlets, pipe connections, culverts, outlet structures, bridges,
and other structures.
503.1.7 Profile views of individual improvements shall have no more than two improve-
ments on one sheet unless specifically approved by the City Engineer. The
engineer of record is responsible for the accuracy, completeness, and conformance
to city standards.
503.2 The purpose of the City review is to assure conformance to city policies and
standards. However, the City review is limited to facts as presented on submitted
plans. The City takes no project engineering responsibility. The engineer of
record certifying the plans is responsible for the accuracy and completeness of the
documents submitted for review and actual construction.
503.3 The City reserves the right to require plan corrections when actual conditions in
the field are found to be contrary to or omitted from the previously submitted
plan.
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ORDINANCE NO. 1237-4-94
ARTICLE 600: GENERAL DESIGN STANDARDS AND REQUIREMENTS
Section 601: Purpose
601.1 The purpose of this article is to outline the general design standards and policies
for development within the City of Allen. It is intended that these standards set
the basic development policies for the City, and be used with the guidelines set
forth in the Standard Construction Details -Paving.
Section 602: Street Standards and Policy
602.1 Streets should conform to the 1992 Comprehensive, Plan, as amended, and the
following standards:
The Thoroughfare Plan, as amended, can be amended as needed by the City
Council as recommended by the Planning & Zoning Commission.
602.2 Street right-of-way - the owner shall be required to dedicate street right-of-way
as shown on the officially adopted Thoroughfare Plan and according to the
standards and criteria shown below.
Standards and criteria for right-of-way pavement width and general alignment of
thoroughfares shall be as shown on the Thoroughfare Plan.
602.3 Collector street standards and criteria are set forth as follows:
602.3.1 Basic functional classification criteria:
At least one collector street per area between thoroughfares to collect neighbor-
hood traffic between them.
Collector street (or larger) required for higher intensity land uses where the
intensity is defined as a minimum 12 units/acre on 2 or more acres, industrial
areas and commercial areas.
602.3.2 Technical classification criteria:
Collects neighborhood traffic and feeds to thoroughfares.
In low density areas, normally spaced at one-fourth to one-half mile intervals. In
high intensity areas, may be spaced every block.
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ORDINANCE NO. 1237-4-94
602.3.3 Residential (Single or two-family) or Local Streets:
Fifty (50) feet of right-of-way:
The following types of pavement sections are permitted for local streets when
serving the corresponding residential density of units per acre.
R3U, 1 to 5 units or less per acre.
Sixty (60) feet of right-of-way=_ __ . ,
The following types of pavement (from back of curb to back of curb) sections are
permitted for local streets when serving the corresponding residential density of
units per acre.
R2U, 1 unit or less per acre.
C2U, 5.1 units or above per acre.
602.3.4 Streets in Apartments, Commercial, or Industrial Areas:
Sixty (60) feet of Collector Street right -of way.
A minimum of thirty-seven (37) feet of pavement from back of curb to back of
curb.
602.4 Design Requirements:
602.4.1 The following design guidelines shall be followed. Interpretation of street classifi-
cation shall be governed first by the approved Thoroughfare Plan. If outside the
detail of the Thoroughfare Plan, street classification shall be interpreted on the
basis of need, as determined by a study of the neighborhood area in which the
subdivision is proposed and the intensity of the area's future development.
602.4.2 In the case of existing topographic features such as tree cover, tree lines, and
other important aesthetic sites which prohibit the reasonable use of the following
specified design requirements, consideration will be given for a variation. The
design should enhance the natural features of the subdivision.
602.4.3 Street Alignment - The maximum deflection in alignment permitted without use
of curve shall be five degrees (5°).
ORDINANCE NO. 1237-4-94
602.4.4 Reverse Curves - Reverse curves on thoroughfares and collector streets shall be
separated by a minimum tangent of one hundred (100) feet.
602.4.5 Street Intersections
Except where existing conditions will not permit, all streets shall intersect at a
ninety degree (900) angle. Variations of more than ten degrees (100) on
residential or local streets and more than five degrees (5°) on collectors and
thoroughfares must have the approval of the Planning & Zoning Commission.
Acute angle intersections approved by the Planning & Zoning Commission are to
have twenty-five (25) foot or greater radii at acute corners.
Each new street intersecting with or extending to meet an existing street shall be
tied to the existing street on centerline with dimensions and bearings to show
relationship.
602.4.6 Partial or Half -streets: Partial or half -streets may be provided where the
Commission feels that a street should be located along a property line. Wherever
a half -street has already been provided adjacent to an area to be subdivided, 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, the first
dedication shall be one-half ('h) of the proposed street right-of-way plus one (1)
foot.
602.4.7 Driveway Cuts: Driveway cuts or entrances to single-family or two-family uses
shall not be allowed along thoroughfares, unless a siding street, or an alley with
approved screening, is provided outside the pavement of the thoroughfare.
Driveway cuts shall be located so as to provide a spacing between curb radius
return of at least ten (10) feet for single-family and two-family uses and at least
twenty (20) feet for all other uses. No property shall have more than - two (2)
driveway cuts onto any facing street. No driveway cut shall be located closer than
twenty (20) feet from an intersection, measured from the ends of the curb radius
returns.
602.5 Cul-de-sacs and Dead-end Streets:
The maximum length of a cul-de-sac or dead-end street with a permanent turn-
around shall be 600 feet, except the length of cul-de-sacs may exceed 600 feet
provided that the Fire Marshal has determined that emergency access is available
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ORDINANCE NO. 1237-4-94
to all units to be served by the cul-de-sac. In no case shall a cul-de-sac length
exceed 1,000 feet.
Turn-arounds are to have a minimum right-of-way width of 100 feet, and a
minimum pavement width of 80 feet, for single family and two-family uses, and
a minimum right-of-way width of 120 feet and a minimum pavement width of 100
feet for all other uses.
602.6 Temporary dead-end streets may be approved by the Planning & Zoning Commis-
sion if adequate all-weather turn -around is provided. "Adequate, all-weather turn-
around" is defined as a turn -around that is of sufficient size to accommodate fire
and sanitation vehicles, and is of a construction quality comparable to standard
road cross-sections, as approved by the City Engineer.
602.8 Perimeter Streets
General - partial or half streets may be provided where the Planning & Zoning
Commission has determined that a street should be located along a property line.
Wherever a half street has already been provided adjacent to an area to be
subdivided, the remaining portion of the street shall be platted with such
subdivision. Where part of a street is being dedicated along a common property
line, the first dedication shall be one-half of the proposed street right-of-way.
Unimproved perimeter streets adjacent to subdivision lots
The term "unimproved street" shall mean a public thoroughfare without paved
curb and gutter, which affords access by vehicles and pedestrians to abutting
property.
Upon any land being subdivided or otherwise developed in an area adjacent to
existing unimproved streets, the developer shall bear half the total cost of paving
up to 24 feet of width, and total cost of curb and gutter for all such unimproved
perimeter streets adjacent to the area being subdivided or otherwise developed.
602.9 Street Names - New streets shall be named so as to provide continuity of name
with existing streets and to prevent conflict with identical or similar names in
other parts of the City.
602.10 Private Streets - Private Streets shall be prohibited except in Planned Development
zoning districts as approved by the City Council.
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ORDINANCE NO. 1237-4-94
602.11 Estate Subdivisions - For estate subdivision as herein defined as one unit or less
per acre, a pavement width of 24 feet without curbs is allowed in 60 feet of right-
of-way.
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ORDINANCE NO. 1237-4-94
Section 603: Sidewalk Standards and Policy
603.1 Sidewalks shall be constructed on both sides of all streets in accordance with the
Standard Construction Details -Paving of the City of Allen . Sidewalks or hike and
bike trails may be required in other areas where necessary. Sidewalk construction
may be delayed until development of lots, but in locations not adjacent to lots and
across bridges and culverts, the sidewalk shall be constructed with the other
improvements to the subdivision or addition. Sidewalks adjacent to screening
walls shall be constructed adjacent to a concrete mow strip located between such
screening wall and sidewalk. Rerouting or elimination of sidewalks for safety
reasons, the avoidance of poles, landscaping, or other obstacles, shall be subject
to the approval of the City Engineer.
603.2 Pedestrian accesses - the Commission may require, in order to facilitate pedestrian
access from the streets to schools, parks, playgrounds, or other nearby streets,
perpetual, unobstructed easements at least 15 feet in width. Easements shall be
indicated on the plat.
603.3 Hike and bike sidewalks shall be constructed in locations shown in the Greenbelt
Study referenced in Ordinance No. 1030-4-91, or other established policies or
ordinances.
Hike and bike sidewalks shall be constructed according to standards shown in the
Standard Construction Details -Paving. On the creek side, slopes must have a
pitch of three to one or less for a distance of at least 10 feet from the sidewalk.
Slopes on the uphill side must have a pitch of three to one or less. Slopes steeper
than three to one must be terraced with retaining walls, or other designs approved
by the City Engineer to reduce erosion. The grade of the trail should not be
greater than 5%. Grades over 5% and not more than 10% is acceptable for a
length not to exceed 500 feet. The drip line for six-inch or greater caliper trees
shall not be filled or excavated more than one foot in depth.
These designs must be shown on the construction drawings, including retaining
walls, slope design, horizontal layout, culverts, bridges, etc.
603.4 Sidewalks shall be required at the time of development. However, sidewalks
adjacent to residential streets interior to a subdivision may be delayed and built
with residential structures provided a 25% cash escrow bond is submitted. All
sidewalks must be completed within two years of the acceptance of the develop-
ment by the City, either by the developer or by the City with funds remaining
ORDINANCE NO. 1237-4-94
from the escrowed bond. To determine the amount of the cash bond, please refer
to Section 1003, Charges.
Section 604: Alleys
604.1 Commercial and Industrial Areas - alleys shall be provided in commercial and
industrial areas where other definite and assured provisions are not made for
service access, such as off-street loading, unloading, parking and firefighting
access, consistent with and adequate for the uses proposed.
604.2 Alleys should be encouraged in residential subdivisions. If alleys are not
incorporated into the design of the subdivision, front entry drives will be required
with side or rear entry garage access, and shall provide sufficient space for the
parking of four vehicles. However, detached front entry garages are allowed
when placed at the rear of a lot having a minimum depth of 120'.
604.3 Alley Width - all alleys shall be paved according to the standards specified herein.
In commercial areas, the minimum width of the alley right-of-way shall be 20 feet
and the minimum pavement width shall be 16 feet. In residential areas, the
minimum alley right-of-way shall be 16 feet and the minimum pavement width
shall be 12 feet. Where two alleys intersect, or turn a sharp angle, lots shall be
platted as shown in the Standard Construction Details -Paving.
604.4 Length - alleys shall not be greater than 1200 feet. Except as approved by the
Planning & Zoning Commission, alleys shall empty into a residential street.
604.5 Dead-end alleys - dead-end alleys shall be prohibited; but if unavoidable, shall
have the approval with adequate outlet or turnaround of the Planning & Zoning
Commission.
604.6 Alleys Parallel to Thoroughfares - alleys that are parallel to thoroughfares shall
not be longer than 4 lots, except that they can be extended to no more than 10 lots
if an additional 10 -foot easement is provided with irrigation and is maintained by
parties other than the City.
Section 605: Screening Walls. Entry Walls and Traffic Barrier Standards
When screening walls are required by the City of Allen Zoning Ordinance No.
829-11-87, Section 3.06, and are adjacent to City of Allen right-of-way, an
approved eight (8) foot masonry wall, or a design approved by the City of Allen,
.11
ORDINANCE NO. 1237-4-94
shall be required. Screening walls shall be constructed on Allen right-of-way.
No living plant walls will be allowed in City of Allen right-of-way.
Entry walls must maintain a safe site distance. Five feet of easement is needed
to maintain the wall, and shall be dedicated as an easement to the City of Allen
(Example A).
Traffic barriers shall be a minimum of three and one-half feet (42") in height, or
such other design as approved by the City of Allen, and shall be required:
when two streets are in close proximity to each other (Example B -
wrought iron on private property);
when alley is adjacent to City of Allen park land or open space and the
barrier is needed to prevent vehicular encroachment into the City of Allen
park land (Example C);
when an alley is adjacent to a street (Example D).
The construction of all screening walls, entry walls, and traffic barrier standards
shall conform to the City of Allen. Paving Construction Details.
Walls built on City of Allen right-of-way will be included in the two-year
maintenance bond, and will be maintained by the developer during this period.
Before final acceptance of the project, a cash bond as shown in the Schedule of
Filing Fees and Charges per foot of wall will be due to the City for future mainte-
nance of the wall.
EXAMPLE -A
- --SIDEWALK
�- R.O.W.
STREET
EXAMPLE -B
W W W W W W W
W W W W W W W W
W W W W W W W
W W PUBLICSPACEW W
W W (PARK,ETC.) W W W
ALLEY
EXAMPLE -C
ALLEY
STREET
EXAMPLE -D
ORDINANCE NO. 1237-4-94
Section 606: Water Utilities Standards
606.1 Adequate Water Facilities - water systems serving the subdivision or addition shall
connect with the City's water supply and distribution system. Water facilities
shall be installed to adequately serve each lot and to grades and sized according
to specifications herein contained or referenced.
606.2 Design and Construction Requirements - design of water systems shall be in
accordance with the City of Allen Stanard Construction Details -Water and Sewer.
Materials and construction shall conform to the Stanard Construction Details -
Water and Sanitary Sewer.
606.3 Fire Hydrants - Fire hydrants and valves shall be required for all subdivisions and
additions and shall be located to satisfy the requirements of the Fire Marshal and
City Engineer. Fire hydrants shall be located in accordance with the Water and
Standard Construction Details -Water and Sanitary Sewer and the Allen Fire Code.
To eliminate future street openings, all underground utilities for fire hydrants,
together with the fire hydrants themselves, and all other supply improvements,
shall be installed before any final paving of a street shown on the subdivision plat.
Reflective fire hydrant spotters shall be installed in all streets at a point adjacent
to fire hydrants. The spotters shall conform to the City Engineer's specifications.
At corner locations, spotters shall be installed in both streets.
Section 607: Sewer Utility Standards
607.1 Sanitary Sewer Facilities serving the subdivision or addition shall connect to the
City's sanitary sewer system, and shall conform to the Standard Construction
Details -Water and Sanitary Sewer for sewage treatment and collection. Sewers
shall be installed to serve each lot and to grades and sizes according to specifica-
tions herein identified or referenced.
607.2 Design and Construction Requirements - Design and construction of sanitary
sewer shall be in accordance with the City of Allen Standard Construction Details -
Water and Sanitary Sewer.
607.3 Sewage Locations - Sanitary sewers shall be located within street or alley rights-
of-way unless topography dictates otherwise. When located in easements on
private property, access shall be provided to all manholes. A manhole shall be
provided at each street or alley crossing. End lines shall be extended to provide
access from street or alley right-of-way when possible.
•11 �
(SR6A)
STRATEGIC REGIONAL ARTERIAL
LIMITED ACCESS
(P6DA)
PRINCIPAL ARTERIAL
LIMITED ACCESS
CITY OF ALLEN
PUBLIC WORKS
DEPARIUENT OF ENGINEERING
DATE
(P8D)
PRINCIPAL ARTERIAL
THOROUGHFARE DESIGN STANDARDS
2-3-93
REV DATE
6-1-93
SHEET
IV, ZwM
CITY OF ALLEN
PUBLIC WORKS
DEPARTMENT OF ENGINEERING
(M6D)
MINOR ARTERIAL
(M4D)
MINOR ARTERIAL
DATE:
(M4U)
MINOR ARTERIAL
THOROUGHFARE DESIGN STANDARDS
2-3-93
REV DATE -
6 -1-93
SHEET:
(C4U)
COLLECTOR/COMMERCIAL
(R3U)
RESIDENTIAL/LOCAL
I V, �
CITY OF ALLEN
PUBLIC WORKS
DEPARTMENT OF ENGINEERING
DATE
(C2U)
COLLECTOR/RESIDENTIAL
(R2U)
RESIDENTIAL/RURAL
THOROUGHFARE DESIGN STANDARDS
2-3-93
REV DATE:
6-1-93
SHEET:
Revised: March 4, 1994
CITY OF ALLEN TEXAS
RECOMMENDED THOROUGHFARE DESIGN STANDARDS
DESIGN ELEMENT
SR6A
P6DA
P8D
M6D
M4D
M4U
C4U
C2U
R3U
R2U`•
CROSS SECTION SHEET
1
1
1
2
2
2
3
3
3
3
(A) NUMBER OF TRAFFIC LANES
6
6
8
6
4
4
4
4
3
2
(B) LANE WIDTHS (FT)
12
12
12
12
12
12
11
10
10
12
'(C) RIGHT-OF-WAY WIDTH-
MID BLOCK (FT)
120
120
150
110
80
65
65
60
50
60
'(C) RIGHT-OF-WAY WIDTH-
INTERSECTION (FT)
160
140
160
130
110
80
80
64
NA
NA
"*(D)HOURLY SERVICE VOLUME:
PER LANE
PER FACILITY
DAILY SERVICE VOLUME
960
4,800
48,000
760
3,800
38,000
660
4,400
44,000
620
3,100
31,000
620
2,100
21,000
510
1,700
17,000
450
1,500
15,000
450
750
7,500
0
0
500
0
0
500
(E) DESIGN SPEED (MPH)
45-50
45-50
45
45
45
40
35.40
35
30
25
(F) MAXIMUM GRADE N)
4-5
4-5
5-6
5-6
5-6
6-7
6-8
6-8
6-8
6-8
(G) MINIMUM HORIZONTAL CURVATURE
CENTERLINE RADIUS IFT►
1,400
1,400
1,050
1,050
1,050
850
600
600
NA
NA
(H) STOPPING SITE DISTANCE (FT)
400
400
400
325
275
275
200
200
150
150
(1) MINIMUM MEDIAN WIDTH (FT)
varies
26
26
16
12
NA
NA
NA
NA
NA
(J) MIN. SPACING MEDIAN
OPENING (FT)
Public
streets
1,300
1,000
600
300
NA
NA
NA
NA
NA
(K) VERTICAL CLEARANCE (FT)
17
17
17
17
16
16
16
16
16
16
IL) MINIMUM DRIVEWAY SPACING(FT)
250
250
250
250
150
100
100
NA
NA
NA
(M) MINIMUN VERTICAL CURVE(FT)
1,440
1,440
1,440
1,440
1,440
960
600
800
NA
NA
' May Vary Depending Upon Cycle and Pedestrian Routes
" Estate or Rural Residential
Level of Service C
SR -Strategic Regional Arterial P -Principal Arterial M -Minor Arterial D -Divided U -Undivided C -Collector R -Residential A -Limited Access
Revised: March 4, 1994
PKWY
CITY OF ALLEN
THOROUGHFARE DESIGN STANDARDS
G
CN x CN x AD E
N -LANES MEDIAN N -LANES PKWY i
i
i
i
L x 9 O
i
i
F
NOTE: ALL DIMENSIONS TO FACE OF CURB
(1) Includes optional additional lane(s) for turning movements (SR6A, P6DA, P81), M61), M413 only).
(2) Includes on -street parking lanes.
N
A
L
B
C
D
E
F
G
S
T
TYPE
No.
Thru
Lanes
Thru
Lane
Width
(Ft.)
No.
Left
Lanes
Lt.
Lane
Width
(Ft.)
Nominal
Median
Width
(Ft.)
Min.
Median
Width
(Ft.)
Nominal
Pkwy.
Width
(Ft.)
Paving
Section
Width
(Ft.)
Minimum
R.O.W.
Width
(Ft.)
Length of
Intersection
R.O.W.
(Ft.)
Length of
R.O.W.
Transition
(Ft.)
STREET CROSS-SECTION
STANDARDS
AT INTERSECTIONS
SR6A
6
12
2
12
36
12
26
108
16011
225
675
P6DA
6
12
2
12
36
12
16
108
140(1)
225
350
P8D
8
12
2
12
36
12
14
132
16001
225
175
M6D
6
12
2
11
26-32
4-10
13-15
98-104
1300)
225
350
M4D
4
12
2
11
26-32
4-10
15-18
74-80
11011
225
500
M4U
4
12
1
12
0
0
10
60
80
200
200
C4U
4
11
1
11
0
10
1 12.5
1 55
80
150
150
C2U
2
12
1
l2
0
0
l4
36
64
150
50
STREET CROSS-SECTION STANDARDS AT MID -BLOCK (NON -INTERSECTION)
SR6A
6
12
0
12
27
14
10.5
98
120
P6DA
6
12
0
12
27
14
10.5
98
120
P8D
8
12
0
12
27
14
13.5
122
150
M6D
6
12
0
Il
17
5
10.5
88
1 110
M4D
4
12
0
11
16
5
8
64
80
M4U
4
12
0
12
1 0
0
8.5
48
65
C4U
4
11
0
12
0
0
10.5
44
65
C21J
2
I8(�)
0
12
0
0
12
36
60
NOTE: ALL DIMENSIONS TO FACE OF CURB
(1) Includes optional additional lane(s) for turning movements (SR6A, P6DA, P81), M61), M413 only).
(2) Includes on -street parking lanes.
ORDINANCE NO. 1237-4-94
Section 608: Extensions of Water and Sewer Mains
608.1 When oversized mains are required to serve property beyond the boundary of the
subdivision, the City will reimburse the developer when funds are available for
the difference in cost between the line size required to serve the subdivision and
the size required by the City. The methodology used for reimbursement shall be
based upon the Impact Fee Ordinance, No. 1068-12-91.
608.2 Extensions required to serve new subdivisions and other developments:
608.2.1 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 plan for the City.
608.2.2 Properties already served by water and sewer shall not be required to install
additional facilities unless: 1) 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; 2) 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.
Section 609: Utility Easement Requirements
609.1 Easements
609.1.1 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 rights-of-way. If this is not possible, developers may offer
easements outside of street and alley rights-of-way. All utility facilities existing
and proposed throughout the property shall be shown on the preliminary plat.
609.1.2 Easements shall be provided for both municipal and private utilities. Municipal
easements for water and sanitary sewer shall be a minimum of 10 feet in width.
Storm sewer easements shall be a minimum of 10 feet in width. All municipal
easements may be wider if so determined by the City Engineer when depth and
size of utility so require. Proper coordination shall be established between the
property owner and the applicable utility companies for the establishment of said
easements on adjoining properties.
609.1.3 When topographical or other conditions are such as to make impractical the
inclusion of utilities within the rear of residential lot lines, perpetual unobstructed
ORDINANCE NO. 1237-4-94
easements at least 10 feet in width shall be provided along selected side lot lines
for satisfactory access to the street or rear lot lines. Easements shall be indicated
on the plat.
609.1.4 Water, sewer, or drainage easements shall not straddle lots unless approved by the
City Engineer.
609.2 Damage - The contractor and owner shall be responsible for all damage to existing
public improvements caused during construction of new facilities.
609.3 Underground Utilities - All utilities, including communication and electrical lateral
and/or service distribution lines are to be placed underground. All communication
and electrical support equipment (transformers, amplifiers, switching devices, etc.)
necessary for underground installation shall be pad mounted or placed under-
ground, except electrical service to nonresidential properties may be serviced from
pole -mounted transformers. All utilities, including communication and electrical
distribution are encouraged to be underground along major thoroughfares.
If a special or unique circumstance exists, or an undue hardship is created, the
City Engineer may authorize a variance to this requirement.
Section 610: Street Lim
610.1 It is the policy of the City of Allen that adequate street lights be installed in all
new developments.
610.2 General Standards:
610.2.1 Street lights are normally required at all intersections, in cul-de-sacs, major street
curves, and at approximately 400 -foot intervals.
610.2.2 Developers shall furnish satisfactory easements for the installation of services to
street lights, normally 10 -feet in width.
610.2.3 Luminaries used for roadway lighting shall be the type specified in the City of
Allen standards.
610.2.4 Street light number, location, type, and size, shall be determined by the City of
Allen.
610.2.5 Developers will pay 100% of the costs of street light installations.
.11
ORDINANCE NO. 1237-4-94
610.2.6 Developers will pay the first two years of estimated power usage before
acceptance of the subdivision. The amount to be escrowed shall be determined
by the following formula: the monthly charge per light fixture as determined by
the appropriate power company (M) times 24 months (24) times the number of
fixtures in the subdivision (F). M X 24 X F = Escrow Amount
Section 611: Irrigation
A fully automatic irrigation or sprinkler system of a type and design approved by
the City shall be provided within all completed street medians or other landscaped
areas. Connections under the street and between median cuts shall be provided
to all unfinished medians for future development of the irrigation system.
Section 612: Drainage Requirements
612.1 General Requirements - All plats and storm sewer systems shall conform to the
City's Standard Construction Details -Storm Drainage.
When a subdivision or addition is traversed by a watercourse, drainage way,
channel, or stream, there shall be provided a storm water or drainage easement
conforming substantially to the line of such watercourse, and of such width and
construction that will be adequate for the purpose. It is desirable that the drainage
be maintained by an open channel with landscaped banks and adequate width for
a 100 year design storm frequency flow.
All properties located in the 100 year floodplain shall be maintained in a natural
state. Any deviations or modifications to the natural state shall require review and
approval of the Planning & Zoning Commission.
612.2 Access Easements - The property owner must provide sufficient access on each
side of and parallel to creeks or drainage ways for maintenance purposes. The
access shall be above the base flood elevation and accessible to vehicles and
equipment.
Access must also be provided generally at 1200 foot spacing along streets or
alleys. The location and size of the access easement shall be determined by the
City Engineer. The minimum width of the access easement shall be fifteen feet
(15'). Permanent monuments, the type and locations of which to be determined
by the City Engineer, shall be placed along the boundaries of the access easement
and private property. This access easement shall be included in the dedication
requirements of this ordinance.
ORDINANCE NO. 1237-4-94
612.3 Drainage easements - Where topography or other conditions are such as to make
impractical the inclusion of drainage facilities within street rights-of-way,
perpetual, unobstructed easements at least ten feet (10') in width, depending on
slopes for drainage facilities, shall be provided across property outside the street
lines and with satisfactory access to the street. Easements shall be indicated on
the final plat. Drainage easements shall extend from the street to a natural
watercourse or to other drainage facilities.
When a proposed drainage system will carry water across private land outside the
subdivision or addition, appropriate drainage easements must be secured.
612.4 Accommodation of Upstream Drainage Areas - A culvert or other drainage facility
shall, in each case, be large enough to accommodate potential runoff from its
entire upstream drainage area, whether inside or outside the subdivision or
addition. The owner's engineer shall initially determine the necessary size of the
facility, based upon the provisions of the construction standards and specifications
assuming conditions of maximum potential watershed development permitted by
the Zoning Ordinance, subject to approval by the City Engineer.
612.5 Effect on Downstream Drainage Areas - The owner's engineer, subject to approv-
al by the City Engineer, shall study the effect of each addition's storm runoff on
the existing underground drainage facilities immediately downstream of the.
addition. Where it is determined that existing capacity is not available immediate-
ly downstream, the owner's engineer shall design a drainage system, detention
facility, or parallel system to mitigate the deficiency. The Commission may
withhold approval of the plat until such mitigation has been provided.
612.6 Detention Facilities Lakes - Detention ponds, and retention ponds may be con-
structed in all areas provided they are approved by the City Engineer. The City
may assume maintenance responsibilities for this type of facility only if title to
facility passes to the City. Easements shall be provided to ensure protection of
these areas for maintenance purposes.
Section 613: Lots Common Areas. and Facilities
613.1 Lot arrangement - the lot arrangement shall be such that there will be no
foreseeable difficulties for reasons of topography or other conditions, in securing
building permits in compliance with the zoning and building codes. Driveway
access shall be provided to buildings on the lots from an improved street, alley,
or public way.
..1.1 '
ORDINANCE NO. 1237-4-94
Residential lots shall not back to major thoroughfares unless specifically approved
by the Planning & Zoning Commission at the time of preliminary plat approval.
If the Planning & Zoning Commission approves a design which allows lots to back
to major thoroughfares, then screening shall be provided by the developer. All
elevations and materials of the required screening shall be submitted with the
preliminary plat.
613.2 Lot Dimensions - Lot dimensions shall comply with the minimum standards of the
Zoning Ordinance. In general, side lot lines shall be at right angles to street lines
(or radial to curving street lines) unless a variation from this rule will yield a
better street or lot plan. Depth and width of properties reserved or laid out for
business, commercial, or industrial purposes, shall be adequate to provide for the
off-street parking, landscaping, and loading facilities required for the type of use
and development contemplated, as established in the Zoning Ordinance.
613.3 Double Frontage Residential Lots - double frontage and reversed frontage lots
shall be avoided except where necessary to separate residential development from
traffic arterials or to overcome specific disadvantages of topography and
orientation.
613.4 No building except buildings designed and constructed as two-family dwellings or
one -family attached dwellings shall be constructed on or across existing lot lines.
Where buildings are designed and constructed on or across lot lines, the building
shall be located so that the common wall separating the individual living units are
located on and along the common lot lines of the adjoining lots on which said
buildings are located.
613.5 When lots back to thoroughfares, a screening device shall be installed on the lot(s)
limiting visibility between the thoroughfare and the adjoining lots. Screening
material shall be approved by the Planning & Zoning Commission.
Section 614: Blocks
614.1 Blocks shall generally have sufficient width to provide for two tiers of lots of
appropriate depths. The lengths, widths, and shapes of blocks shall be such as are
appropriate for the locality and the type of development contemplated, but block
lengths in residential areas shall not exceed 1600 feet; however, it may be larger
depending upon the design characteristics of the subdivision such as creeks,
woods, parks, and the like.
•11 1
ORDINANCE NO. 1237-4-94
Section 615: Nonresidential Plats
615.1 A nonresidential plat shall be subject to all the requirements of these regulations,
except those that pertain only to residential properties, as well as such additional
standards as may be required by the Planning & Zoning Commission, and shall
conform to the proposed Land Use Plan and Zoning Ordinance.
615.2 Design Principles - In addition to these regulations, which are appropriate to all
platting, the applicant shall demonstrate to the satisfaction of the Commission that
the street, parcel, and block pattern proposed is specifically adapted to the uses
anticipated and takes into account other uses in the vicinity. The following
principles shall be observed:
615.2.1 Proposed nonresidential parcels shall be suitable in area and dimensions to the
types of nonresidential development anticipated.
615.2.2 Street rights-of-way and pavement shall be adequate to accommodate the type and
volume of traffic anticipated to be generated thereupon.
615.2.3 Residential areas shall be protected from potential nuisance from the proposed
nonresidential plat.
615.2.4 Streets carrying nonresidential traffic, especially truck traffic, shall not normally
be extended to the boundaries of adjacent existing or future residential areas.
Section 616: Frontage and Access Standards
616.1 All nonresidential lots established following the effective date of this ordinance
shall meet the following frontage and access criteria:
616.1.1 Frontage -all nonresidential lots abutting a major thoroughfare or a nonresidential
collector street shall have sufficient access to a public street or easement.
616.1.2 Curb Cuts - all nonresidential lots shall have access to their property, either
through a curb cut or a common access easement that traverses adjacent
properties.
616.1.3 When adjacent to a median divided street, all lots shall have access to a median
opening. Direct access should be provided where possible. If direct access is not
available, then a common access agreement should be consummated between
adjacent properties.
.11
ORDINANCE NO. 1237-4-94
Section 617 Frontage Exception
617.1 Nonresidential lots may be platted to a public way instead of a dedicated street
upon approval of the Director of Community Development under the following
conditions:
617.1.1 Within a regional mall development requiring an internal circulation system;
617.1.2 For a public utility facility which precedes street extensions;
617.1.3 Where access to a public street will be removed by construction of an overpass
or other required facility.
617.2 A public way must be constructed to minimum fire lane standards. Access and/or
utilities must be provided within the required frontage on a dedicated street or
public way.
Section 618: Building Lines
618.1 The building line is a line beyond which buildings must be set back from a street
right-of-way line or property line. It should conform to the zoning requirements
for that district.
Section 619: Fire Lanes
619.1 Where adequate means for fire department access may not otherwise be provided,
easements for fire lanes shall be required. Fire lane easements shall be a
minimum of 22 feet in width with a 30 -foot radius, or 30 feet in width with a 10 -
foot radius; shall have a height clearance of 14 feet; shall be within 150 feet of
all exterior walls unless adequately protected per the Allen Fire Code and
approved by the Fire Chief or his designated representative; shall be maintained
by the property owner; shall be marked with signs, pavement or curb markings
per the Allen fire Code; and shall i no way be obstructed at any time.
Section 620: Monuments and Markers
620.1 Markers - Lot markers shall be a 'h inch reinforcing bar, 18 inches long, or
approved equal, and shall be placed at all corners flush with the ground or below
ground if necessary in order to avoid being disturbed.
600-22
ORDINANCE NO. 1237-4-94
620.2 Monuments - Monuments shall be set at any angle point in the perimeter boundary
of the subdivision. Monuments shall be a concrete post 4 inches in diameter and
3 feet in length, or other such type of monument as may be approved by the City
Engineer. Monuments must contain either a steel rod or a magnet. The precise
point of intersection shall be indented on top of the monument. The top of the
monument shall not be located greater than 6 inches below the surface.
620.3 Bench Marks - A bench mark will be established on a boundary corner of the
subdivision and within the subdivision at a ratio of 1 for every 100 acres. Such
bench marks shall be established to a sea level datum. The bench mark shall be
established upon a permanent structure, or may be set as a monument, and shall
be readily accessible and identifiable on the ground as well as on the subdivision
plat.
Section 621: Development on Existing Lots that were Previously Approved by the City
621.1 It is the policy of the City of Allen that redevelopment on existing residential lots
within the City shall be encouraged. This policy shall apply to lots that have been
platted previously and/or developed and are now currently being redeveloped.
For such area the existing community facilities of streets, water, and sewer shall
be considered the responsibility of the City and shall be upgraded as funds are
available and/or during the regular assessment program.
ORDINANCE NO. 1237-4-94
621.2 For areas where zoning has been changed significantly from the time of original
platting or development, the full requirements of the Subdivision Ordinance shall
be applied, including all required improvements and facilities. A zoning change
from single family to multi -family, commercial, or industrial is deemed a
significant change for the purpose of this section.
621.3 Any variations that are specifically and expressly identified in an existing Planned
Development zoning district may supersede the requirements of this ordinance.
ORDINANCE NO. 1237-4-94
ARTICLE 700: PARK LAND DEDICATION
Park land dedication shall be in accordance with Exhibit "A," Ordinance No. 1102-4-92 and any
future amendments.
1.1
ORDINANCE NO. 1237-4-94
ARTICLE 800: DEVELOPMENT IMPACT FEES
Development Impact fees shall be in accordance with Exhibit "B," Ordinance No. 1068-12-91
and any future amendments.
:11
ORDINANCE NO. 1237-4-94
ARTICLE 900: ENFORCEMENT
Section 901: Authority of City Staff
901.1 The City Staff is hereby authorized and directed to promulgate rules, regulations,
standards, and specifications for the construction, installation, design, location,
and arrangement of streets, curbs, street lights, street signs, alleys, utility layouts,
utility easements, sidewalks, water supply and distribution systems, fire hydrants,
sewage disposal systems, drainage facilities, and other public improvements. City
Staff may amend such regulations and standards provided that such amendments
shall be posted thirty (30) days before becoming effective. No such rules,
regulations, standards, or specifications shall conflict with this or any other
ordinances of the City of Allen.
901.2 All such improvements shall be designed, constructed, installed, located, and
arranged by the subdivider in accordance with such rules, regulations, standards,
and specifications.
Section 902: Inspection of Construction
902.1 The City Engineer, or duly authorized representatives, shall be required to fully
inspect any and all phases of the construction of improvements for subdivisions.
The subdivider, or contractor, shall maintain contact with the City Engineer, or
representative, during construction of improvements, and shall adhere to the
schedule agreed upon at the preconstruction conference held prior to the issuance
of a Development Permit, unless otherwise approved by the City Engineer.
902.2 No sanitary sewer, water, or storm sewer pipe shall be covered without approval
of the City Engineer, or representative. No flexible base material, subgrade
material, or stabilization shall be applied to the street subgrade without said
approval. No concrete may be poured nor asphaltic surface applied to the base
without said approval.
902.3 The City Engineer, or representative, may at any time cause any construction,
installation, maintenance, or location of improvements to cease when, in the
judgement thereof, the requirements of this ordinance or the standards and specifi-
cations as hereinbefore provided have been violated, and may require such
reconstruction or other work as may be necessary to correct any such violation.
Section 903: Maintenance Bond
ORDINANCE NO. 1237-4-94
903.1 The subdivider shall furnish a sufficient Maintenance Bond in the amount of ten
percent (10%) of the contract price of all public improvements, with an approved
corporate surety in favor of the City, to indemnify the City against any repairs
which may become necessary to any part of the construction of public improve-
ments in connection with the subdivision, arising from defective workmanship or
materials used therein, for a full period of two (2) years from the date of final
acceptance of the improvements. Final acceptance will be withheld until said
Maintenance Bond is furnished to the City.
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ORDINANCE NO. 1237-4-94
ARTICLE 1000: PROVISIONS
Section 1001: Filing Fees and Charges
1001.1 The following schedule of fees and charges shall be paid to the City when any
preliminary plat or final plat or other filing is tendered to the Planning and Zoning
Commission or any other authorized board or agency of the City. Each of the
fees and charges provided herein shall be paid in advance, and no action of the
Commission or any other board or agency of the City shall be valid until the fees
and charges shall have been paid to the City.
Except as hereinbefore provided, these fees and charges shall be charged on all
plats and filings, regardless of the action taken by the Commission or any other
board or agency of the City, and whether the plat or filing is approved or denied
by the City Council.
All plats submitted for filing with the County shall include an additional fee to
cover the costs for filing.
1001.1.1 Residential: For Single Family Uses
Preliminary Plat - $150.00 per plat plus $10.00 per lot.
Final Plat - $250.00 per plat plus $20.00 per lot plus appropriate Collin County
filing fees.
Combination Plat - $250.00 per plat plus $30 per lot plus appropriate Collin
County filing fees.
Residential: For Multi -family Uses
Preliminary Plat - $150.00 per plat plus $5.00 per unit.
Final Plat - $150.00 per plat plus $10.00 per unit plus appropriate Collin County
filing fees.
Combination Plat - $300.00 per plat plus $15.00 per unit plus appropriate Collin
County filing fees.
ORDINANCE NO. 1237-4-94
1001.1.2 Mobile Homes: For developments for locating Mobile Homes
Preliminary Plat - $150.00 per plat plus $5.00 per space.
Final Plat - $150.00 per plat plus $10.00 per space.
1001.1.3 Other Uses: For Commercial, Industrial, Institutional and Other Uses not
normally platted in lots
Preliminary Plat - $150.00 per plat plus $15.00 per acre.
Final Plat - $200.00 per plat plus $25.00 per acre plus appropriate Collin County
filing fees.
Combination Plat - $300.00 per plat plus $40.00 per acre plus appropriate Collin
County filing fees.
1001. 1.4 Refiling: When a preliminary plat has been disapproved by the Commission, and
the subdivider refiles a new design for all or a lesser portion of the preliminary
plat within thirty (30) days of such disapproval, no new fee shall be charged for
the refiling.
Section 1002: Permits
1002.1 Clearing and Grading Permit - $50
1002.2 Development Permit - $100
Section 1003: Charges
1003.1 Wall Maintenance Fee - $10 per foot of wall constructed on City right-of-way
must be paid prior to issuance of building permits. The purpose of this fee is to
cover maintenance after expiration of the two-year maintenance bond.
1003.2 Cash Sidewalk Bond - $1.75 per square foot for 25 % of the estimated square feet
of 4 -foot sidewalk in the subdivision.
Section 1004: Penalty
1004.1 Any person, firm or corporation who shall violate any of the provisions hereof,
shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine
111
ORDINANCE NO. 1237-4-94
not to exceed two thousand dollars ($2,000) and each day that such violation
continues shall constitute a separate offense and shall be punishable accordingly.
1004.2 Any person, firm, or corporation who shall violate any of the provisions of this
ordinance or who shall fail to comply with any provision hereof within the
extraterritorial jurisdiction of the City of Allen, shall not be guilty of a misde-
meanor, but shall be subject to injunctive relief as set forth in Section 103.8 of
this Subdivision Ordinance.
Section 1005: Conflicting Ordinances Repealed
All ordinances and parts of ordinances inconsistent or in conflict herewith are
hereby repealed. Whenever the requirements of this ordinance conflict with those
contained in other ordinances of the City, the most stringent or restrictive provi-
sion shall govern. Whenever the requirements of this ordinance conflict with the
provisions of an executed Facilities Agreement, the provisions of the Facilities
Agreement shall govern.
Section 1006: Severability
That 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 ordinance not in conflict herewith shall remain in full
force and effect.
Section 1007: Number and Gender
As used in this chapter, whenever the context so indicates, the masculine,
feminine, or neuter gender, and the singular or plural number, shall be deemed
to include the others.
Section 1008: Headings
The headings above the various provisions of this chapter have been included only
in order to make it easier to locate the subject covered by each provision and are
not to be used in construing the meaning of said provisions.
Section 1009: Amendments to Statutes
111
ORDINANCE NO. 1237-4-94
Reference made to any state or federal statutes or to any local ordinances includes
and is intended to refer to those statutes and/or ordinances as they presently exist
or as they may hereafter be amended to read.
Section 1010: Effective Date
The fact that the rules and regulations governing the subdividing of land within
the City of Allen and its ETJ are inadequate to ensure orderly future development,
creates an emergency in the preservation of the public health, safety and welfare,
and requires that this ordinance shall take effect on May 1, 1994.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, ON THE 7th DAY OF APRIL, 1994.
APPROVED:
Farmer, MAYOR
ATTEST:
J Mo on, CMC, CITY SECRETARY
APPROVED AS TO FORM:
A. Don ro44er, CITY ATTORNEY
EXHIBIT "A"
ORDINANCE NO. 1102-4-92
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
PROVIDING REQUIREMENTS FOR PARKLAND DEDICATION; PROVIDING FOR
NECESSARY PLANNING FOR OPEN SPACE RESERVATION AND PARK
DEVELOPMENT; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, it has been determined by the Supreme Court of Texas that dedication of parkland does
bear a substantial relation to the health, safety, or general welfare of the community;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS:
SECTION 1: Purpose.
a) This ordinance is adopted to provide recreational areas in the form of neighborhood parks as
a function of subdivision development in the City of Allen. It is hereby declared by the City
Council that recreational areas in the form of neighborhood parks are necessary and in the
public welfare, and the only adequate procedure to provide for same is by integrating such a
requirement into the procedure for planning and developing property or subdivisions in the
City.
b) Neighborhood parks primarily ranging in size from 5-15 acres are those parks providing for a
variety of outdoor recreational opportunities and within convenient distances from a majority
of the residences to be served thereby. The park areas established by the Parks and
Recreation Department and shown on the official Parks and Recreation map for the City of
Allen shall be prima facie proof that any park located therein is within such a convenient
distance from any residence located therein. The primary cost of neighborhood parks should
be borne by the ultimate residential property owners who, by reason of the proximity of their
property to such parks, shall be the primary beneficiaries of such facilities. Therefore, the
following requirements are adopted to effect the purposes stated.
SECTION 2: General Requirements.
The following provisions are applicable to all single-family, dual -family and multi -family development.
a) When a final plat is filed of record with the County Clerk of Collin County for development
of a residential area in accordance with the subdivision ordinances of theCity, such plan shall
contain dedication of an area of land to the City for park purposes, which area shall equal one
acre per 145 single-family, dual -family and/or multi -family units. Any proposed plat submitted
to the City for approval shall show the area proposed to be dedicated under this ordinance.
The required dedication of this section may be met by a payment of money in lieu of land
when permitted or required by the other provisions of this ordinance.
b) The City Council declares that development of an area smaller than one acre for public park
purposes is impractical. Therefore, if fewer than 145 residential units are proposed by a plat
filed for approval, the developer shall be required to pay the applicable cash in lieu of land
amount provided by Section 4(b), rather than to dedicate any land area. No plat showing a
dedication of less than one acre shall be approved.
C) In instances where an area of less than 5 acres is required to be dedicated, the City shall have
the right to accept the dedication for approval on the final plat, or to refuse same, and to
require payment of cash in lieu of land in the amount provided by Section 4(b), if the City
determines that sufficient park area is already in the public domain in the area of the proposed
development, or if the recreation potential for that zone would be better served by expanding
or improving existing parks.
d) The dedication required by this ordinance shall be made by the filing of the final plat. If the
actual number of completed dwelling units exceed the figure upon which the original dedication
was based, such additional dedication shall be required, and shall be made by payment of the
cash in lieu of land amount provided by Section 4(b).
SECTION 3: Prior Dedication; Absence of Prior Dedication.
a) Credit shall be given for land and/or money dedicated pursuant to the adoption of this
ordinance.
b) If a dedication requirement arose prior to the passage of this ordinance, that dedication
requirement shall be controlled by the ordinance in effect at the time such obligation arose,
except that additional dedication shall be required if the actual density of structures constructed
upon the property is greater than the former assumed density. Additional dedication shall be
required only for the increase in density and shall be based upon the ratio set forth in Section
2 of this ordinance.
C) At the discretion of the City, any former gift of land to the City may be credited on a per -acre
basis toward eventual land dedication requirements imposed on the donor of such lands.
d) Open space required under PD Zoning may be used to fulfill the requirements of this
ordinance, if said open space is dedicated to the City of Allen and meets all other requirements
for parkland dedication. Any open space above the parkland requirement will not be subject
to mandatory dedication.
SECTION 4: Money in lieu of land.
a) If approved by the City, a land owner responsible for dedication under this ordinance may elect
to meet the requirements of Section 2 in whole or in part by a cash payment in lieu of land,
in the amount set forth in section 4(c). Such payment in lieu of land shall be made at or prior
to the time of final plat approval.
b) The dedication requirements shall be met by a payment in lieu of land at a per -acre price set
and kept current by resolution by the City Council, sufficient to acquire land and provide for
adjacent streets and utilities for a neighborhood park to serve the park zone in which such
development is located. 'Unless changed by the City Council, such per -acre price shall be
computed on the basis of $130.00 per single-family unit and $110.00 per multi -family unit.
C) Cash payments may be used only for acquisition or improvement of a neighborhood park
located within the same zone as the development. A zone shall be defined as the Community
Park District A, l3, C or D according to map 3 in the City of Allen Land Acquisition Policy.
SECTION 5: Comprehensive Plan Considerations.
Land reflected in the Park and Open Space Plan 'NP' denotes the need of a neighborhood nark
within that district. The City will determine the park location based on land suitability. Size of the
park shall be determined by the expected population of the Planning District at a rate of 2.0 acres per
1,000 persons.
SECTION 6: Special Fund, Right to Refund.
a) There is hereby established a special fund for the deposit of all sums paid in lieu of land
dedication under this ordinance or any preceding ordinance which funds shall be known as the
Park Land Dedication fund. Deposits shall be documented and placed in an interest-bearing
nccounl
Ordm;rnce N:, I 1 — -',- O- - ,
b) The City shall account for all sums paid in lieu of land dedication under this ordinance with
reference to the individual plats involved. Any funds paid for such purposes must be expended
by the City within 10 years from the date received by the City for acquisition or development
of a neighborhood park as defined herein. Such funds shall be considered to be spent on a first
in, first out basis. If not so expended, the owners of the property on the last day of such
period shall be entitled to a pro -rata refund of such sum, computed on a square footage of area
basis. The owners of such property must request such refund within one year of entitlement,
in writing, or such right shall be barred.
SECTION 7: Additional Requirements, Definitions.
a) Any land dedicated to the City under this ordinance must be suitable for park and recreation
uses. The following characteristics of a proposed area are generally unsuitable:
1) Any area primarily located in the 100 -year flood way.
2) Any areas of unusual topography or slope which renders same unusable for
organized recreational activities.
b) Drainage areas may be accepted as part of a park if the channel is constructed in accordance
with City Engineering Standards, and no significant area of the park is cut off from access by
such channel.
C) Each park must have ready access to a public street(s).
d) If any provision of this ordinance or the application thereof to any person or circumstance is
held invalid, such invalidity shall not affect any other provisions or application of this ordinance
which can be given effect without the invalid provision or application and to this end, the
provisions of this ordinance are declared to be severable.
e) This ordinance shall become effective upon adoption by the City Council.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS,
ON THE 16thDAY OF APRIL , 1992.
APPROVED A.S TO FORM:
A. Don Crowder, CITY ATTORNEY
APPROVED:
lP
joe Farmer, MAYOR
ATTEST:
Judy Mor son, CITY SECRETARY
Ordinance No. ] 101-:1-9
FORMULA FOR ESTABLISHING
PARK DEDICATION FEES AND LAND REQUIREMENTS
LAND REQUIREMENTS
11,031 projected residential dwelling acres = 26 districts = 424.26
average acres per district
x 3.2 average units per acre = 1,357-66 units per district
12.5 acres neighborhood parks (ideal size) = 108.64 residential units
required for a 1 acre parkland dedication
75% developer responsibility = 144.85 (145) units built for every one
acre required dedication
FEE REQUIREMENTS
Average cost per acre = $18,000
x 12.5 acre park per district = $225,000
x 75% developer cost per district = $168,750
= 1357 units per district = $124.35 ($125) dedication amount per unit
3/4 units to be single family
1/4 units to be multi family
Fee should be set at $130 per single family unit and $110 per multi
family unit
EXHIBIT "B"
ORDINANCE NO. 1068-12-91
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS ADOPTING A CAPITAL MPROVEMENTS PLAN AND ADOPTING
IMPACT FEES BASED ON SUCH CAPITAL E"ROVEMENTS PLAN;
PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Allen, Collin County, Texas ( the "City Council")
has appointed a Capital Improvements Advisory Committee ( the "Advisory Committee") ; and
WHEREAS, the City Council has adopted rules for the Advisory Committee to follow in
carrying out its duties; and
WHEREAS, the Advisory Committee has submitted comments and recommendations on the
Capital Improvement Plan and Impact Fees calculated to the City Council; and
WHEREAS, the City Council in accordance with the provisions of Chapter 395 of the Texas
Local Government Code, has called and held a public hearing concerning approval of the
Land Use Assumptions for Development of Impact Fees for the City of Allen and have
adopted said Land Use Assumptions; and
WHEREAS, the City Council has had a Capital Improvements Plan prepared by a qualified
professional engineer as required by Chapter 395 of the Texas Local Government Code; and
WHEREAS, the City Council has called and held a public hearing concerning said Capital
Improvement Plan and the maximum impact fees identified in the plan; and
WHEREAS, the City Council finds that the City of Allen has complied in all things with
Chapter 395 of the Texas Local Government Code, and the notice, adoption, promulgation,
and methodology necessary to adopt a capital improvements plan and establish impact fees;
and
WHEREAS, the City Council finds that it is in the best interest of the citizens of Allen to
adopt such capital improvements plan and the impact fees contained therein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS:
SECTION 1: That the Capital Improvements Plan prepared by Hunter Associates, Inc.
dated August, 1991 on file in the office of the City Secretary is hereby approved and
adopted as the Allen Capital Improvements Plan.
SECTION 2: That the City shall assess and collect impact fees for funding or recouping
the costs of capital improvements or facility expansions necessitated by and attributable
to new development tinder the provisions of this ordinance, to wit:
"IMPACT FEES"
ARTICLE I - GENERAL PROVISIONS
1.01 IN GENERAL; PURPOSE, POLICY - This Article is adopted pursuant to the
provisions of Chapter 395, Texas Local Government Code V. A . T . S . , as well as
under the authority of Article 11, Section 5 of the Texas Constitution. This
Article implements a policy of the City to impose fees upon each new development
project to pay the costs of constructing capital improvements and facility
expansions necessary to serve new development.
1.02 DEFINITIONS - For purposes of this Article, the following words and phrases shall
have the meanings respectively ascribed to them by this Section:
(1) Advisory Committee - the members of the Planning and Zoning Commission,
and the representatives appointed by the City Council as required by the
enabling legislation for this ordinance.
(2) Assessment - the determination of the amount of the maximum impact fee
which can be imposed on new development pursuant to this Article.
(3) Capital Improvement - any of the following facilities that have a life
expectancy of three or more years and are owned and operated by or on
behalf of the City:
a . water supply and distribution facilities; wastewater collection
facilities; and storm water, drainage, flood control facilities as they
relate to the construction of roadway facilities; whether or not they
are located within the service area; and
b . roadway facilities .
(4) Capital Improvements Plan - a plan contemplated by this Article that
identifies capital improvements or facility expansions for which impact fees
may be assessed. The Capital Improvement Plan is hereby adopted with
this Ordinance.
(5) City - the City of Allen, Collin County, Texas.
(6) Credit - the amount of the reduction of an impact fee for fees, payments or
charges for or construction of the same type of facility.
(7) Facility expansion - the expansion of the capacity of an existing facility
that serves the same function as an otherwise necessary new capital
improvement, in order that the existing facility may serve new
development. The term does not include the repair, maintenance,
modernization, or expansion of an existing facility to better serve existing
development.
(R) Final Plat Approval of Approval of a Final Plat - the point at which the
applicant has complied with all conditions of approval and the plat has been
released for filing with the County Clerk.
Ordinance No. 1 0 0 3 - 1 Z- 9 1 Page 2
(9) Impact Fee - a charge or assessment imposed as set forth in this Article
against new development. The term does not include:
a. required dedications of land for public parks or payments in lieu
thereof;
b. dedication of right-of-ways or easements or construction or
dedication of on-site water distribution, wastewater collection or
drainage facilities, or streets, sidewalks, or curbs if the dedication
or construction is required by a valid ordinance and is necessitated
by and attributable to the new development; or
C. lot or acreage fees or pro -rata fees to be placed in trust funds for
the purposes of reimbursing developers for oversizing or
constructing water or sewer mains or lines.
(10) Land Use Assumptions - a description of the service area and projections
of changes in land uses, densities, intensities, and population in the
service area over at least a 10 year period which has been adopted by the
City and upon which the capital improvements plan is based.
(11) New development - the subdivision of land; the construction,
reconstruction, redevelopment, conversion, structural alteration,
relocation, or enlargement of a structure; or any use or extension of the
use of land; any of which increases the number of service units.
(12) Off-site - located entirely on property which is not included within the
bounds of the plat being considered for impact fee assessment.
(13) On-site -located at least partially on the plat which is being considered for
impact fee assessment.
(14) Roadway facilities - arterial or collector streets or roads that have been
designated on the City's officially adopted roadway plan, together with all
necessary appurtenances. The term does not include any roadways or
associated improvements designated on the federal or Texas Highway
system. The term includes but is not limited to interest in land, traffic
lanes, curbs, gutters, intersection improvements, traffic control devices,
turn lanes, drainage facilities associated with the roadway or street
lighting.
(15) Service Area:
a. for water supply, treatment and distribution facilities, wastewater
collection and treatment: the entire area within the corporate limits
of the City and its extraterritorial jurisdiction to be served by the
capital improvements and facilities expansions specified in the
Capital Improvement Plan;
b. for roadway facilities: each individual service area designated in the
capital Improvements Plan served by the roadway facilities
designated in the Capital Improvements Plan.
Ordinance No. 1068-12-91 Page 3
(16) Service Unit - for the purpose of impact fee assessment the applicable
standard units of measure shown on the conversion table in the Capital
Improvements Plan and Impact Fee Calculation which can be converted to
equivalent single family residential PM Peak Hour average Vehicle Trip
Ends per acre for roadway facilities and five -eights inch (5/811) water
meter equivalents, as the context indicates which serves as the
standardized unit of measure of consumption or discharge for water and
wastewater facilities.
(17) Sanitary Sewer Facility - an improvement for providing wastewater
collection, including, but not limited to, land or easements, lift stations,
or interceptor mains. Sanitary sewer facility excludes sanitary sewer liens
or mains which are reimbursed from pro rata charges paid by developers
or owners of property in other subdivisions as a condition of connection to
or use of such facility.
(18) Water Facility - an improvement for providing water supply, treatment and
distribution service, including, but not Limited to, land or easements water
treatment facilities, water supply facilities, or water distribution lines.
Water facility excludes water lines or mains which are constructed by
developers, the costs of which are reimbursed from pro rata charges paid
by developers or owners of property in other subdivisions as a condition
of connection to or use of such facility.
ARTICLE II - ADVISORY COMMITTEE
2.01 The Capital Improvements Advisory Committee ( "Advisory Committee") shall
consist of the Planning and Zoning Commission. If the Committee does not include
at least one representative of the real estate, development or building industry
who is not an employee of official of a political subdivision or governmental entity,
the City Council shall appoint at least one such representative as an add hoc
voting member of the Advisory Committee. If any impact fee is to be applied in
the extraterritorial jurisdiction of the City, a representative from the area shall
be appointed by the City Council.
2.02 The Advisory Committee serves in an advisory capacity and is established to:
(1) advise and assist the adoption of land use assumptions;
(2) review the capital improvements plan and file written comments;
(3) monitor and evaluate implementation of the capital improvements plan;
(4) file semi-annual reports with respect to the progress of the Capital
Improvements Plan and Report to the City Council any perceived inequities
in implementing the plan or imposing the impact fee; and
(5) advise the City staff and Council of the need to update or revise the land
use assumptions, capital improvements plan and impact fee.
2.03 All professional reports concerning the development and implementation of the
Ordinance No. 1068-12-91 Page 4
capital improvements plan shall be made available to the Advisory Committee.
The Advisory Committee shall elect a chair -person to preside at its meetings and
a vice -chairperson to serve in their absence. All meetings of the committee shall
be open to the public and posted at least 72 hours in advance. A majority of the
membership of the Committee shall constitute a quorum.
ARTICLE III - PERIODIC UPDATES REQUIRED
The land use assumptions and capital improvements plan upon which impact fees
are based shall be updated at least every three years, beginning with the first
such updated to be on or before June, 1994. Alternatively, the City Council
may, pursuant to the provision of Section 395.0575 of the Local Government Code
make a determination that no such update is required.
ARTICLE IV - HWPACT FEE REQUIRED; EXCEPTIONS
4.01 Impact fees shall be assessed to new development at the time plats are released
for recordation and due and payable prior to or at the time of recordation of plat.
Fees for property which is proposed to occur without platting shall be assessed
at any time and shall be due and payable prior to or at the time of issuance of the
building permit or connection to the City's water or sanitary sewer system,
whichever occurs first. Impact fees for properties platted prior to adoption of
this Ordinance shall be collected at any time after one (1) year of adoption of this
Ordinance and shall be due and payable prior to or at time of issuance of the
building permit or connection of the City's water and sanitary sewer system,
whichever occurs first.
4.02 Additional impact fees or increases in fees shall not be assessed unless the
number of service units to be developed on the tract increases. Should the
service units be increased, impact fees shall be increased in an amount equal to
the current impact fee per service unit multiplied by the difference in number of
service units.
4.03 Except for roadway facilities, impact fees may be assessed but not collected for
property where service is not available unless:
(1) the City commits to commence construction of necessary facilities identified
in the capital improvements plan within two years and have service
available in a reasonable time not exceeding five years; or
(2) the City agrees in writing to permit the owner of the property to construct
or finance the required capital improvement or facility expansion and
agrees that the cost incurred or funds advanced will either:
a. be credited against the impact fees other wise due from the new
development;
b. reimburse the owner for such costs from impact fees paid from other
new developments that will use such capital improvements or facility
expansions in which case fees shall be reimbursed to the owner at
the time collected as other new development plats are recorded; or
Ordinance No. _ 1068- 12-91 Page 5
c . the owner voluntarily requests that the City reserve capacity to
serve future development and the City and the owner enter into a
valid written agreement.
4.04 The owner of the property for which there is a recorded plat may enter into a
written agreement with the City providing for the time and method of payment of
impact fees, which agreement shall prevail over any contrary provision of this
Article.
ARTICLE V - CALCULATION OF HAPACT FEES
5.01 Impact fees shall be determined by multiplying the number of service unit
equivalents in the proposed development by the amount per service unit
equivalent due under Exhibit "A" which is attached hereto and incorporated
herein for all purposes. The number of service unit equivalents shall be
determined by using the conversion table contained in the capital improvements
plan, and attached hereto and made a part of this ordinance as Exhibit "B".
5.02 If a development, subject to assessment of impact fees under this ordinance, has
an actual area coverage that varies by more than ten percent (10%) from the
average area coverage used as the basis for determination of impact fees as
contained in Exhibit "B", the impact fees assessed shall be determined by
multiplying the fees calculated in accordance with the preceding paragraph by a
ratio, the numerator, being the actual area coverage and the denominator being
the average area coverage per Exhibit "B".
5.03 The determination of impact fees shall be reduced by any allowable credits for the
category of capital improvements as provided in Article VI.
5.04 The total amount of unpaid impact fees shall be attached to the development
application, or, if to be paid at some later date, to the request for other permit
or connection.
5.05 Replatting shall not require recalculation of impact fees unless the number of
service units is increased or land uses change. If a proposed development
increases the number of service units, the impact fee shall be recalculated as
provided in Article IV.
ARTICLE VI - CREDITS
6.01 Any construction of, contributions to, or dedications of any facility appearing on
the capital improvements plan which is required by the City to be constructed by
the owner as a condition of development shall be credited against the impact fees
otherwise due for the same category of impact fees otherwise due from the
development. Credit for impact fees due an owner in one category of impact fees
(i.e. water, wastewater treatment and thoroughfares) may not be used as an off-
set for impact fees due in another category of impact fees.
6.02 The amount of each creci it for required construction of a facility on the capital
improvements plan shall be calculated by multiplying the value of the facility
assessed for the capital improvements plan by a fraction, the numerator of which
Ordinance No. 1068-12-91 page 6
is the impact fee per service unit equivalent due for the new development
computed using Exhibit "A" and the denominator of which is the maximum impact
fee per service unit computed using the plan.
6.03 As an alternative to the foregoing, the City and the owner may enter into an
agreement providing that in addition to the credit, the owner will be reimbursed
for all or a portion of the costs of such facilities from impact fees as received from
other new developments that will use such capital improvements or facility
expansions.
6.04 An owner shall be entitled to a credit against any category of impact fee as
provided in any written agreement between the City and the owner.
6.05 No credit for construction of any facility shall exceed the total amount of impact
fees due from the development for the same category of improvements.
ARTICLE VII - EXPENDITURE AND ACCOUNTING FOR FEES AND INTEREST
7.01 All impact fees collected shall be deposited in interest bearing accounts clearly
identifying the category of capital improvements or facility expansions within the
service area for which the fee is adopted.
7.02 Interest earned shall be credited to the account and shall be subject to the same
restrictions on expenditures as the funds generating such interest.
7.03 Impact fees and the interest earned thereon may be spent only for the purposes
for which such fees were imposed as shown in the capital improvements plan.
7.04 The records of the accounts into which impact fees are deposited shall be open for
public inspection and copying during ordinary business hours.
ARTICLE VIII - REFUNDS
8.01 On the request of an owner of property on which an impact fee has been paid,
impact fees shall be refunded if existing facilities are available and service is
denied, or , if the City failed to commence construction of facilities required for
service within two years of payment of the fee, or, if such construction is not
completed within a reasonable time but not in any event in more than five years
from the date of payment of the fee.
8.02 Upon completion of capital improvements or facility expansions identified in the
capital improvements plan, the impact fee shall be recalculated utilizing actual
costs . If the impact fee based on actual cost is less than the impact fee paid, the
City shall refund the difference if such difference exceeds the impact fee paid by
more than ten percent.
8.03 Any impact fee funds not expended within ten years after payment shall be
refunded.
8.04 Refunds shall bear interest calculated from the date of collection to the date of
refund at the statutory rate set forth in Article 5067-11-.03, Vernon's Texas
Civil Statutes or it s successor statute.
Ordinance No. 1068- 12 - 9 1 page 7
8.05 All refunds shall be made to the record o ; er of the property at the time the
refund is paid. However, if the impact . • yes were paid by another political
subdivision or governmental entity, pa} .:��nt shall be made to the political
subdivision or governmental entity.
8.06 The owner of the property on which an 1, ,pact fee has been paid or another
political subdivision or governmental entit%, • hat paid the impact fee has standing
to sue for a refund under this section.
ARTICLE IX - APPEALS
9.01 Upon written application of an owner of property upon which impact fees were
assessed, the City Council shall consider appeals to the interpretations of or
errors in the application of the impact feerc emulations or schedules which are used
to calculate the fees or credits.
SECTION 3: If any section, article, paragraph, sk. iitence, clause, phrase orwork in this
ordinance, or application thereof to any persons or circumstances is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby declares
it would have passed such remaining portions of the ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 4: This ordinance shall be in full force and effect from and after its passage,
and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, THIS THE 5th DAY OF DECEMBER, 1991.
APPROVED AS TO FORM:
w r, CITY ATTORNEY
APPROVED:
J6e Farmer, MAYOR
ATTEST:
Judy Mo on, CITY SECRETARY
Ordinance No. 1068-12 -9 1 Page 8
EXHIBIT "A"
IlAPACT FEE RATES
*Dollar per water meter for water and wastewater facilities and dollar per acre of platted
area for thoroughfare facilities.
Ordinance No. 1-068-12-91 Page 9
SERVICE_
AREA
MAXIMUM
IMPACT FEE PER
SERVICE UNIT-
E DIVALENT*
ADOPTED
IMPACT FEE PER
SERVICE UNIT
EQUIVALENT*
WATER FACILITIES
ALL
$ 547
$ 274
WASTEWATER FACILITIES
ALL
$ 92
$ 92
THOROUGHFARE FACILITIES
1
$2,475
-0-
THOROUGHFARE FACILITIES
2
$4,400
-0-
THOROUGHFARE FACILITIES
3
$1,950
-0-
THOROUGHFARE FACILITIES
4
$3,976
-0-
THOROUGHFARE FACILITIES
5
$1,730
-0-
THOROUGHFARE FACILITIES
6
$3,086
-0-
THOROUGHFARE FACILITIES
7
$5,712
-0-
THOROUGHFARE FACILITIES
8
$5,732
-0-
THOROUGHFARE FACILITIES
9
$2,339
-0-
THOROUGHFARE FACILITIES
10
$ 102
-0-
THOROUGHFARE FACILITIES
11
$6,631
-0-
THOROUGHFARE FACILITIES
12
$4,508
-0-
*Dollar per water meter for water and wastewater facilities and dollar per acre of platted
area for thoroughfare facilities.
Ordinance No. 1-068-12-91 Page 9
EXHIBIT "B"
EQUIVALENCY TABLE
WATER AND WASTEWATER FACILITIES
WATER METER SIZE
WATER SERVICE UNIT
EQUIVALENT
SEWER SERVICE UNIT
EQUIVALENT
5/8"
1.0
1.0
3/4"
1.5
1.3
1" Simple
2.5
1 8
1 1/211 Simple
5.0
3.0
2" Simple
8.0
4.5
2" Compound
8.0
4.5
2" Turbine
10.0
5.5
3" Compound
16.0
8.5
3" Turbine
20.0
12.5
4" Compound
25.0
13.0
4" Turbine
35.0
21.0
6" Compound
50.0
25.0
6" Turbine
80.0
46.0
8" Compound
80.0
40.0
8" Turbine
140.0
80.0
10" Compound
115.0
100.0
10" Turbine
250.0
100.0
THOROUGHFARE FACILITIES
LAND USE TYPE
AVG . AREA
; COVERAGE
SERVICE UNIT
EQUIVALENT
RESIDENTIAL
3.9 *
1.0
COMMERCIAL/ RETAIL
10,890 **
10.1
OFFICE/ INDUSTRIAL
13,070 **
6.6
PUBLIC/SEMI-PUBLIC
10,890 **
3.0
* Dwelling Unit (DU)
** Gross Square Feet (GSE) Building Area per Acre
Ordinance No. 1068-12-91 Page 10
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duly sworn, on oath
deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once
a week, having a general circulation in said county, and having been published
regularly and continously for more than twelve (12) months prior to publishing
Subdivision Ordinance
of which the attached is a true and written copy, and which was published in THE
ALLENAMERICANon Wednesday Dec. 8, 1993
and which was issued on December 8, 1993
b .` E i t� n fl A fi 1 e n of COLLIN COUNTY,TEXAS
A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this day o ,A.D 19
'?* V. A. TODD
y'= MY COMMISSION EXPIRES
December 5,1996
NOTARY PUBLIC in and,for_COLLIN COUNTY, TEXAS
CITY OF ALLEN
NOTICE OF PUBLIC HEARING
Publisher's fee $ 1 8 . 0 0 Notice is hereby given that the Allen City
Council will conduct a public hearing at
their regular meeting held on Thursday,
January 6, 1994, at 7:30 p.m. in the Council
Chambers of the Allen Municipal Annex,
One Butler Circle, Allen, Texas, to consider
a request to adopt a new Subdivision
Ordinance.
The proposed Subdivision Ordinance pre-
scribes rules and regulations governing
plats, plans, and subdivision of land within
the City of Allen, Texas, and its legally de-
fined -extrat territorial jurisdiction; contain-
ing certain definitions; providing proce
dures for the approval of subdivision plats;
establishing regulations for the design and'
construction of streets, sidewalks, alleys,
water and sanitary sewage facilities, drain
age and storm water utilities; and providing'
a penalty of not more than two thousand
dollars ($2,000) for each violation thereof.
Anyone wishing to speak either FOR or
AGAINST this request is invited to attend]
this public hearing and voice their opinion.)
For further information, contact the Depart-�
ment of Community Development, City of!
Allen, One Butler Circle, Allen, Texas, or by:
telephoning 727-0120.
/s/ Judy Morrison
City Secretary
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duly sworn, on oath
deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once
a week, having a general circulation in said county, and having been published
regularly and continously for more than twelve (12) months prior to publishing
Ordinance #1237-4-94
of which the attached is a true and written copy, and which was published in THE
ALLEN AMERICAN on April 1 3, 1994 & A p r i l 17, 1994
and which was issued on A p r i l 13 , 1 9 9 4
by City o f A 11 e n of COLLIN COUNTY,TEXAS
A printed copy of said publication is attached hereto.
— a,/, �, 7-,
SUBSCRIBED AND SWORN to before me this JJ_ day of O11A.D 19 q`(
V. A. TOAD \` A
°•. ? MY CONnuIISSION EXPIRES
December 5, 1988
TARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 3 8 . 2 6
�— - CITY OF ALLEN
PUBLIC NOTICE
[Notice is hereby given that the Allen City
(Council adopted the following ordinance at
their regular meeting on Thursday, April 7,
1 1994.(Title and Penaltjr Clause only):
Ordinance No. 1237-4-94: An Ordinance
of the City of Allen, Collin County, Texas,
Prescribing Rules and -Regulations Gov-
erning. Plats, Plans, and Subdivision of'+
Land, Within the City of Allen, Texas, and I
Its Legally Defined Extraterritorial Jurisdic-
tion; Containing Certain Definitions; Pro-
viding Procedures for the Approval of Sub
division Plats; Establishing Regulations for
Ithe Design and Construction of Streets,1
Sidewalks, Alleys, Water and Sanitary
Sewage Facilities, Drainage and Storm)
Water- Utilities; Providing a Penalty of not
more -than Two Thousand Dollars ($2,000)
for each Violation Thereof; Providing a
Severability Clause; and Providing for an
Effective Date of May 1, 1994.
That any person, firm or corporation violatJ
Iing any of the provisions or terms of this"
ordinance shall be subject to the same
,penalty'as provided for in Comprehensive
Zoning Ordinance No. 829-11-87 of the
City.of Allen, as heretofore amended, and
upon conviction shall be punished by a fine'
not'to'exceed the sum of Two Thousand
Dollars ($2,000.00) for each offense.
EAcopy of this ordinance may be read or
purchased in the office of the City Secret
, City of Allen, Texas 75002-2773.
1/s/ Judy Morrison
;City Secretary_
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting on Thursday, April 7,
1994 (Title and Penalty Clause only):
Ordinance No. 1237-4-94: An Ordinance
of the City of Allen, Collin County, Texas,
Prescribing Rules and Regulations Gov-
erning Plats, Plans, and Subdivision of
Land Within the City of Allen, Texas, and
Its Legally Defined Extraterritorial Jurisdic-
tion; Containing Certain Definitions; Pro-
viding Procedures for the Approval of Sub-
division Plats; Establishing Regulations for
the Design and Construction of Streets,
Sidewalks, Alleys, Water and Sanitary
Sewage, Facilities, Drainage and Storm
Water Utilities; Providing a Penalty of not
more than Two Thousand Dollars ($2,000)
for each Violation Thereof; Providing a
Severability Clause; and Providing for an
Effective Date of May 1, 1994. ,
That any person, firm or corporation violat-
ing any of the provisions or terms of this
ordinance shall be subject to the 'same
penalty as provided for in Comprehensive
Zoning Ordinance No. 829-11-87 of the
City of Allen, as heretofore amended, and
upon conviction shall be punished by a fine
not to exceed the sum of Two Thousand
Dollars ($2,000.00) for each offense.
A copy of this ordinance may be read orI
purchased in the office of the City Secret- I
ary, City of Allen, Texas 75002-2773.
/s/ Judy Morrison f
City Secretary r
CITY OF ALLEN, TEXAS
rl )
SUBDIVISION
ORDINANCE
C... ., 3;...
CITY OF ALLEN
SUBDIVISION ORDINANCE
NO. 1237-4-94
ADOPTED APRIL 7, 1994
ORDINANCE NO. 1237-4-94
TABLE OF CONTENTS
ARTICLE 100:
GENERAL
. ...................... . ... .... . .
100-2
Section
101
Purpose ............................
100-2
Section
102
Title ...............................
100-2
Section
103
Authority ...........................
100-2
Section
104
Policy .............................
100-4
Section
105
Definitions ............. .... . . .. .....
100-4
ARTICLE 200: FLOOD PLAIN ....
Section 201 Procedure
Section 202 Delineation
Section 203 Staking . .
. . . . . . . . . . . . . . . . . . . . . . . . . . 200-1
. . . . . . . . . . . . . . . . . . . . . . . . . . 200-1
......................... 200-1
. . . . . . . . . . . . . . . . . . . . . . . . . . 200-1
ARTICLE 300: PARTICIPATION AND ESCROW POLICIES ........... 300-1
ARTICLE 400: PROCEDURES ............. . . . . . . . . . . . . 4W-1
Section 401
General ............................
400-1
Section 402
Replat Procedure ......................
400-1
Section 403
Special Planned Development
600-11
Section 604
Zoning Districts ........................
400-2
Section 404
General Development Plan ................
400-3
Section 405
Preliminary Plat ......................
400-4
Section 406
Final Plat ..........................
400-8
Section 407
Combination Plat ......................
400-12
Section 408
Permits Required ......................
400-12
ARTICLE 500: SUBDIVISION IMPROVEMENTS .................. 500-1
Section 501 Scope ............................. 500-1
Section 502 Procedures .......................... 500-1
Section 503 Construction Plans ..................... 500-1
ARTICLE 600: GENERAL DESIGN STANDARDS AND REQUIREMENTS- .. 600-1
Section 601
Purpose ............................
600-1
Section 602
Street Standards and Policy ................
600-1
Section 603
Sidewalk Standards and Policy ..............
600-11
Section 604
Alleys .............................
600-12
Section 605
Entry Walls and Traffic Barrier Standards .......
600-12
Section 606
Water Utilities Standards .................
600-15
Section 607
Sewer Utility Standards ..................
600-15
Section 608
Extensions of Water and Sewer Mains .........
600-16
Section 609
Utilities Easement Requirements .............
600-16
Section 610
Street Lights ............... .. ....... .
600-17
Section 611
Irrigation ...........................
600-18
Section 612
Drainage Requirements .... ... . . .. .. . ... .
600-18
Section 613
Lots, Common Areas, and Facilities ..........
600-19
Section 614
Blocks ............................
600-20
Section 615
Nonresidential Plats ....................
600-20
Section 616
Frontage and Access Standards .............
600-20
Section 617
Frontage Exception .....................
600-22
Section 618
Building Lines ........................
600-22
Section 619
Fire Lanes ..........................
600-22
Section 620
Monuments and Markers .................
600-22
Section 621
Development on Existing Lots that were
Section 1009
Amendments to Statutes ..................
Previously Approved by the City ............
600-22
ARTICLE 700: PARK LAND DEDICATION ..................... 700-1
ARTICLE 800: DEVELOPMENT IMPACT FEES .................. 800-1
ARTICLE 900: ENFORCEMENT ............................ 900-1
Section 901 Authority of City Staff .................. 900-1
Section 902 Inspection of Construction ................ 900-1
Section 903 Maintenance Bond ..................... 900-1
ARTICLE 1000: PROVISIONS ..............................
1000-1
Section 1001
Filing Fees ..........................
1000-1
Section 1002
Permits .............................
1000-2
Section 1003
Charges ...........................
1000-2
Section 1004
Penalty ............................
1000-2
Section 1005
Conflicting Ordinances Repealed ............
1000-3
Section 1006
Severability .........................
1000-3
Section 1007
Number and Gender ....................
1000-3
Section 1008
Headings ...........................
1000-3
Section 1009
Amendments to Statutes ..................
1000-3
Section 1010
Effective Date ........................
1000-4
EXHIBIT "A" - ORDINANCE NO. 1102-4-92
Park Dedication Ordinance
EXHIBIT "B" - ORDINANCE NO. 1068-12-91
Development Impact Fees
T
CITY OF ALLEN
SUBDIVISION REGULATIONS ORDINANCE NO. 1237-4-94
AN ORDINANCE PRESCRIBING RULES AND REGULATIONS GOVERN-
ING PLATS, PLANS, AND SUBDIVISION OF LAND WITHIN THE CITY OF
ALLEN, TEXAS, AND ITS LEGALLY DEFINED EXTRATERRITORIAL
JURISDICTION; CONTAINING ,CERTAIN DEFINITIONS; PROVIDING
PROCEDURES FOR THE APPROVAL OF SUBDIVISION PLATS; ESTAB-
LISHING REGULATIONS FOR THE DESIGN AND CONSTRUCTION OF
STREETS, SIDEWALKS, ALLEYS, WATER AND SANITARY SEWAGE
FACILITIES, DRAINAGE AND STORM WATER UTILITIES; PROVIDING A
PENALTY OF NOT MORE THAN TWO THOUSAND DOLLARS ($2,000) FOR
EACH VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, under the provisions of the Constitution and laws of the State of Texas,
including particularly Chapters 231, Acts of the 40th legislature, Regular Session, 1927, as
heretofore and hereafter amended (compiled as Articles 974a and 6626, Vernon's Annotated
Revised Civil Statutes (VARCS)), and the provisions of Section 4 of the Municipal Annexation
Act, 1963, (compiled as Article 970a, VARCS), as heretofore and hereafter amended, hereafter
every owner of any tract of land situated within the City of Allen who may hereafter divide
the same in two (2) or more parts described by metes and bounds or otherwise for the
purpose of subdividing any tract of land or any addition to said City, or for subdividing
suburban lots or building lots, or any lots, and streets, alleys or parks, or other portions
intended for public use, or the use of purchasers or owners of lots fronting thereon or
adjacent thereto, are required to submit a plat of such subdivision or addition for approval
by the Planning & Zoning Commission of the City of Allen; and,
WHEREAS, the rules and regulations of the City established by this Ordinance governing
plats and subdivisions of the land in the corporate limits of the City of Allen are hereby
extended to and shall apply to all of the area under the extraterritorial jurisdiction of said
City, as provided for in the Municipal Annexation Act, 1963, enacted by the State of Texas
and which appears as Article 970a, VARCS:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS, THAT:
On and after the effective date of this Ordinance, any person, firm, corporation, or organiza-
tion seeking the approval of any plat, plan or replat of any subdivision of land within the City
of Allen, Texas, and its legally established extraterritorial jurisdiction shall be required to
comply with the requirements of this Ordinance before such approval may be granted, to -wit:
ORDINANCE NO. 1237-4-94
ARTICLE 100: GENERAL
Section 101: Pu se
101.1 To protect and provide for public health, safety, and general welfare of the
community.
101.2 To guide the future growth and development of the City, in accordance with the
Comprehensive Plan.
101.3 To guide public and private policy and action in providing adequate and efficient
transportation, water, sewage, and other public and private requirements and
facilities.
101.4 To establish reasonable standards of design and procedures for subdivision and
resubdivision and to further the orderly layout and use of land.
Section 102: Title
102.1 These regulations shall hereinafter be known, cited and referred to as the
"Subdivision Regulations" of the City of Allen, Collin County, Texas, and they
shall be a part of the Code of Ordinances of the City of Allen, Collin County,
Texas.
Section 103: Authority
103.1 Scope of Regulations - These subdivision regulations, design standards, and
improvement requirements for land development are adopted under the authority
of the provisions of the Constitution and laws of the State of Texas and Charter
of the City of Allen. The rules and regulations govern the subdivision and
development of land within the extraterritorial jurisdiction of the City of Allen.
103.2 The scope of these regulations shall include rules governing plats, plans,
subdivisions and development of land within the City of Allen, Texas, and its
legally defined extraterritorial jurisdiction including certain definitions; providing
procedures for the approval of subdivision plats; prescribing regulations for the
design and construction of streets, sidewalks, alleys, water and sanitary sewage,
utilities, drainage, and community facilities, .in conjunction with immediate or
future development upon that property.
1.1
ORDINANCE NO. 1237-4-94
103.3 Jurisdiction - The Planning and Zoning Commission shall exercise the power and
authority to administer standards established by this ordinance and review,
approve, or disapprove plats and development plans for subdivision of land and
for any development within the corporate limits of the City (or unincorporated
extraterritorial jurisdiction areas of the county) which show lots, blocks, or sites
with or without new streets or highways or any lot improvement activities as
defined by the ordinance.
103.4 Under the authority of Articles 970a and 974a of the Revised Civil Statutes, as
well as other relevant statutes of the State of Texas, which articles are hereby
made a part of these regulations, the City Council of the City of Allen, Texas,
does hereby adopt the following regulations to hereafter control the subdivision
of land within the corporate limits of the City of Allen and in the unincorporated
areas lying within the extraterritorial jurisdiction of the city limits of Allen, in
order to provide for the orderly development of the areas, to secure adequate
provisions for traffic, light, air, recreation, transportation, water, drainage,
sewage, and other facilities, and to promote and protect the general health, safety,
and welfare of all citizens and persons in affected contiguous areas.
103.5 As used herein, the term "subdivision" shall mean the division of a tract or parcel
of land into two (2) or more lots for the purpose, whether immediate or future,
of sale or building or development, and shall include resubdivision. "Resub-
division" shall mean any change in the division of any existing subdivision or any
change in lot size therein or the relocation of any street lines.
103.6 Any person wishing to divide land inside the City of Allen or within the city's
extraterritorial jurisdiction shall submit to the Planning and Zoning Commission
a plan of the subdivision which shall conform to at least the minimum require-
ments set forth in these regulations. An owner subdividing land into parcels of
not less than five (5) acres each for agricultural use, each of which abuts an
existing dedicated and improved public road, shall be exempt from these
requirements.
103.7 No subdivision plat shall be filed or recorded and no lot in a subdivision inside of
the City of Allen or within the city's extraterritorial jurisdiction shall be improved
or sold until the final plat shall have been considered by the Planning and Zoning
Commission.
103.8 Any violation of any provision of this ordinance which occurs outside the
corporate limits of the City of Allen and within the extraterritorial jurisdiction of
the said city shall not constitute a misdemeanor under this ordinance; however,
100-3
ORDINANCE NO. 1237-4-94
under this ordinance, the city shall have the right to institute an action in the
district court to enjoin the violation of any provision of such ordinance in such
extraterritorial jurisdiction, and the district court shall have the power to grant any
or all types of injunctive relief in such cases.
Section 104: Policy
104.1 It shall be the policy of the city to:
104.1.1 Withhold all city improvements, including the maintenance of streets and the
furnishing of sewage facilities and water service, from all developments that have
not been officially approved according to these regulations. No improvements
shall be initiated until the approval of the city has been given.
104.1.2 Prior to the issuance of any building permit, the property from which the permit
is being issued shall have been platted and shall exist as an official lot or tract of
record.
Section 105: Definitions
105.1 Block: A parcel of land intended to be used for urban purposes, which is entirely
surrounded by public streets, highways, railroad rights-of-way, public walks,
parks, or green strips, rural land, drainage channels, or a combination thereof.
105.2 City: the municipal corporation of the City of Allen, Texas.
105.3 City Council: the duly elected governing body of the City.
105.4 City Engineer: the engineer employed by the City, or the engineer retained as
consultants to the City, or their duly authorized representative.
105.5 Combination Plat: a plat that contains three lots or less and fees are collected as
if it were both a preliminary and final plat.
105.6 City Official or Administrator: any person, elective or appointive, or any
employee, or any board or commission authorized or constituted by city ordinance
or State law to act in behalf of the City.
105.7 Commission: the Planning and Zoning Commission, as appointed by the City
Council to administer these regulations.
ORDINANCE NO. 1237-4-94
105.8 Comprehensive Plan: the general plan for the growth and development of the City
and its environs; and including any elements of such plan, such as a Land Use
Plan, Thoroughfare Plan, Utilities Plan, Schools and Parks Plan, and others.
105.9 Cul-de-sac: A street having one vehicular access to another street and terminated
by a vehicular turn -around.
105.10 Developer: The person, business, corporation, or association responsible for the
development of the subdivision or addition. In most contexts, the terms developer
and property owner are used interchangeably.
105.11 Easement: A grant by the property owner to the public, corporation, or persons,
for a special purpose not inconsistent with the general property and the owner as
designated as follows:
105.11.1 Easement. utility - a strip of land to be used for the purpose of utility systems
which contain an area that shall be kept free of all or part of any buildings,
fences, trees, shrubs, or other improvements, or growths, which in any way
endanger or interfere with its maintenance, or operation. There shall be
unobstructed ingress and egress to and from and upon the said easement.
105.11.2 Easement. drainage - trench or bed utilized for drainage purposes which contains
an area that shall be kept free of all or part of any buildings, fences, trees, shrubs,
or other improvements, or growths, which in any way endanger or interfere with
its maintenance, or operation. There shall be unobstructed ingress and egress to
and from and upon the said easement.
105.11.3 Easement, fire lane - a lane which conforms to the requirements of the Fire Code
of the City of Allen that is unobstructed and prohibits parking by clearly defined
markings.
105.11.4 Easement, public access - a lane which allows vehicular or pedestrian traffic to
transverse from one property to another.
105.12 Estate Subdivision: a subdivision of lots at least one (1) acre in size intended for
single-family use which may be determined by the City to be adequately
developed and served by septic tanks, wells, and/or other facilities normally
associated with rural development.
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ORDINANCE NO. 1237-4-94
105.13 Extraterritorial Jurisdiction (ETJ): all land situated as classified by Article 970a
VARCS in all directions from the corporate boundary of City and its extensions,
and which is not in conflict with the ETJ of another City.
105.14 FEMA: the Federal Emergency Management Agency.
105.15 Final Plat: a map, drawing or chart prepared according to the provisions of this
ordinance, and containing all engineering and legal data, dedications, and
certificates necessary to the recording of same in the map and plat records of the
county.
105.16 Floodplain: The area that is determined to have a 1% annual chance (100 -year)
of flooding, and consists of the floodway and floodway fringe.
Floodwav: The channel of a stream, plus any adjacent floodplain areas, that must
be kept free of encroachment so that the 100 -year flood can be carried without
substantial increases in flood heights.
Floodway Fringe: The area between the floodway and 100 -year floodplain bound-
aries.
100 YEAR FLOOD PLAIN
FLOODWAY
FRINGE FLOOOWAY FLODOWAY
FRINGE
STREAM
CHANNEL
FLOOD ELEVATION WHEN
CONFINED WITHIN FLOOOWAY
C
�� SURCHARGE' � Yw ys..
AREA OF FLOOD PLAIN THAT COULD
SE USED FOA DEVELOP ENT GY FLOOD ELEVATION
AAISINC CROUND {(FDA( ENCROACHMENT
ON FLOOD PLAIN
LINEA ■ iS EHE FLOOD ELEVATION REFOAE ENCROACHMENT
LINE C O IS THE FLOOD EL E VA ON AFTfR ENCROAC.W-
105.17 General Development Plan: a map, drawing or chart drawn to scale on which is
shown the subdivider's proposed arrangement of streets, lots, easements, other
ORDINANCE NO. 1237-4-94
public spaces, and general land uses on all contiguous properties owned or held
under single ownership from which a proposed subdivision is intended to be made.
The general development plan may be the same as a preliminary plat, if such plan
complies with the requirements of a preliminary plat.
105.18 Land Planner: any person skilled in the art and science of arranging and
designing the layout of land so as to create adequate and desirable building sites,
a coordinated street system, and space appropriate to the efficient removal of
storm water and the provision of public services and utilities all consistent with
the long-range goals and the objectives of the Comprehensive Plan. A Land
Planner may be trained in any of several specialties; and where appropriate
experience is demonstrated, the term includes architect, engineer, landscape archi-
tect, and surveyor.
105.19 Lot: an undivided tract or parcel of land having frontage on a public street and
designated as a distinct tract.
105.20 Plat: a map or chart of the subdivision. It shall include plan, plat, and replat.
105.21 Preliminary Plat: any plat of any lot, tract, or parcel of land that is not to be
recorded for record but is only a proposed division of land for review and study
by the City.
105.22 Pro Rata Agreement: a contract for reimbursement of cost based upon a
distribution of use or service.
105.23 Replattine: the resubdivision of any part or all of any block or blocks of a
previously platted subdivision, addition, lot, or tract.
105.24 Right -of -WAY: the land area provided by dedication for public use for streets,
utilities, walks; and other uses to serve adjoining properties.
105.25 Street: Any public or private right-of-way which affords the primary means of
vehicular traffic, whether a designated street, highway, thoroughfare, parkway,
throughway, road, avenue, boulevard, land, place, or otherwise designated.
105.26 Street. Arterial or Thoroughfare: a principal traffic way more or less continuous
across the city or areas adjacent thereto and shall act as a principal connecting
street with State and Interstate Highways.
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ORDINANCE NO. 1237-494
105.27 Street Collector: a street which is continuous through several residential districts
and is intended as a connecting street between residential districts and thorough-
fares, highways, or business district.
105.28 Street. Perimeter: a street located along the boundary of an existing or proposed
subdivision.
105.29 Street. Residential: a street which is intended primarily to serve traffic within a
neighborhood or limited residential district and which is used primarily for access
to abutting properties.
105.30 Street. Width (pavingj: The width of the driving surface that is commonly used
by vehicular traffic, including any associated curbs. This is normally the width
of the paved driving surface as measured from edge of pavement to edge of
pavement.
105.31 Subdivider: Any person who (1) having an interest in land causes it, directly or
indirectly, to be divided into a subdivision or platted as an addition or who (2)
directly or indirectly, sells, leases, or develops, or offers to sell, lease, or
develop, or advertises to sell, lease, or develop, any interest, lot, parcel site, unit,
or plat in a subdivision or addition, or, who (3) engages directly or through an
agent in the business of selling, leasing, developing, or offering for sale, lease,
or development a subdivision or addition or any interest, lot, parcel site, unit or
plat in a subdivision or addition, or who (4) is directly or indirectly controlled by,
or under direct or indirect common control with any of the foregoing.
105.32 Subdivision: the division of any lot, tract, or parcel of land into two or more lots
or sites for the purpose of sale or of building development, whether immediate or
future. The term includes resubdivision or replatting of an existing subdivision,
but does not include the division of land for agricultural purposes in parcels or
tracts of five acres or more and not involving any new street, alley or easement
of access. When appropriate to context, the term subdivision shall relate to the
process of subdividing or to the land subdivided.
105.33 Tree Cover: The perimeter of the combined drip line of one or more trees
containing calipers greater than 6".
105.34 VARCS: Vernon's Annotated Revised Civil Statutes
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ORDINANCE NO. 1237-4-94
105.35 Zoning Ordinance: the duly adopted ordinance of the City of Allen establishing
certain districts within the city and regulating the use of land, size of lots, size and
height of buildings, and other elements of development within those districts.
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ORDINANCE NO. 1237-4-94
ARTICLE 200: FLOODPLAIN
Section 201 Procedure
Section 202
Section 203
All development plans and subdivision plats submitted to the City shall comply
with the procedures and standards specified within the City of Allen Floodplain
Ordinance No. 1030-4-91. If any portion of the subject property contains a
drainage course, lies within 100 feet from the top of a high bank, or contains
Federal Emergency Management Agency (FEMA) floodplain, then the drainage
basin area must be determined. Should that area be 160 acres or greater, then the
100 -year floodplain, as calculated by ordinance specifications, must be established.
After receiving staff approval of the floodplain study and delineation, the
floodplain should be platted and dedicated to the City of Allen, either separately
or concomitantly with the adjacent property, according to the procedures listed in
this ordinance.
Delineation
If a Floodplain (FP) prefix has been attached to the zoning of the property, a
detailed flood study is automatically required. Should the FP prefix not be
attached, and the property drains more than 160 acres, the process listed above
in Section 201 must be followed.
All subdivision plats will be submitted to the Office of Community Development
for review by the City Engineer who has the responsibility of reviewing floodplain
information, including the drainage,basin area or the proper floodplain delineation.
The City Engineer may require further technical information should further
investigation prove necessary.
Stakine
The floodplain shall be designated on the subject property with materials that meet
the approval of the City Engineer at 200' intervals at the cross-section of the
floodplain study. Said materials shall remain in place until the construction in the
subdivision is completed.
200-1
ORDINANCE NO. 1237-4-94
ARTICLE 300: PARTICIPATION AND ESCROW POLICIES
Section 301: General
The developer shall be responsible for all internal and adjacent roadways and
infrastructure. For thoroughfares greater than 4 lanes, the City shall be
responsible for the two inside lanes when such lanes are warranted and funds are
available. The developer shall be responsible for a minimum.,of 24 feet of driving
surface and storm drainage on the perimeter streets, including thoroughfares. The
right-of-way and surface requirements shall be determined by the adopted Thor-
oughfare Plan, Subdivision Ordinance, and/or zoning requirements. The
developer will also be responsible for the escrow of funds for median landscaping,
irrigation, and street lighting, which are consistent with City standards. If
development occurs on only one side of the thoroughfare, then only 'h of these
costs shall be escrowed.
If a six -lane divided thoroughfare contains bridges, the developer is required to
construct the adjacent three (3) lanes, with an understanding that the City's
participation for the third lane would be 26% of the total cost, to be reimbursed
at a future date when bond funds are available. If the bridge is on a four -lane
divided thoroughfare, then the developer is responsible for the total cost of the
bridge. If the bridge is on a thoroughfare of seven or more lanes, then the
developer is responsible for the remaining incremental cost of the bridge.
When the City deems it appropriate to delay construction of an adjacent perimeter
street, it may require the developer to enter into a facilities agreement for the es-
crow of funds in lieu of said construction.
This facilities agreement shall be a legally binding agreement between the City
and the developer that identifies the responsibilities of both parties. Such facilities
agreement may stipulate pro rata payments, escrow deposits, park land dedica-
tions, or payments for other facilities or infrastructure. The Developer shall
include in such an agreement a hold harmless and indemnity clause that holds the
City harmless against any claim against the Developer's Subdivision or any actions
taken therein.
When the construction of the required improvements have proceeded until certain
portions of the Subdivision are adequately served, the City Engineer may release
specific phases of the Subdivision for use prior to the completion of all improve-
ments. This shall not be allowed if the release of such improvements will
jeopardize or hinder the continued construction of required improvements, and the
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ORDINANCE NO. 1237-4-94
Facilities Agreement shall remain in force for all portions of the subdivision for
which a release has not been executed.
300-2
ORDINANCE NO. 1237-4-94
ARTICLE 400: PROCEDURES
Section 401: General
The preparation, submittal, review, and approval of all subdivision plats shall
proceed through the following steps:
General Development Plan
Preliminary Plat
Final Plat
Section 402: Reolat Procedure Without Vacating Preceding Plat
402.1 A replat of a subdivision or a part of a subdivision without vacation of the
preceding plat must:
1. Be signed and acknowledged by only the owners of the property being
replatted;
2. Be approved, after a public hearing on the matter at which parties in
interest and citizens have an opportunity to be heard, by the Planning and
Zoning Commission; and
3. Must not attempt to amend or remove any covenants or restrictions
existing on the property to be replatted.
402.2 In addition to complying with the provisions of Section 402.1 herein, a replat
without vacation of the preceding plat must conform to the requirements of this
Section 402.2(a), (b), and (c) if:
1. During the preceding five (5) years, any of the area to be replatted was
limited by an interim or permanent zoning classification to residential use
for not more than two (2) residential units per lot; or
2. Any lot in the preceding plat was limited by deed restrictions to residential
use for not more than two (2) residential units per lot.
If the conditions described in (1) or (2) above exist, then the following is required:
a. Notice of the hearing required by Section 402.1(2) of this ordinance shall
be given before the 15th day before the day of the hearing by:
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ORDINANCE NO. 1237-4-94
(i) Publication in the City's officially designated newspaper; and
(ii) By written notice, with a copy of the specific language contained
in the following subsection (b) attached thereto, forwarded by the
Planning and Zoning Commission to the owners of property in the
original subdivision located within 200 feet of the property upon
which the replat is requested, as such owners are indicated on the
most recently approved municipal tax roll or, in the case of a
subdivision within the extraterritorial jurisdiction of the City of
Allen, the most recently approved county tax roll. The written
notice may be delivered by depositing the notice, properly
addressed with the postage prepaid, in a post office or postal
depository within the municipal boundaries of the City of Allen.
b. If the proposed replat is protested in accordance with this subsection, the
proposed replat must receive, in order to be approved, the affirmative vote
of at least three-fourths of all members of the municipal planning
commission. For a legal protest, written instruments signed by the owners
of at least 20 percent of the area of the lots or land immediately adjoining
the area covered by the proposed replat and extending 200 feet from that
area, but within the original subdivision, must be filed with the municipal
planning commission prior to the close of the public hearing.
C. In computing the percentage of land area under subsection (b) above, the
area of streets and alleys shall be included.
Compliance with subsections (b) and (c) herein is not required for approval of a
replat of part of a preceding plat if the area to be replatted was designated or
reserved for other than single or duplex family residential use by notation on the
last legally recorded plat or in the legally recorded restrictions applicable to the
plat.
Section 403: Special Planned Development Zoning Districts
403.1 Where it is proposed to develop and plat a unified residential, commercial,
industrial, and/or institutional project under the provisions of Planned Develop-
ment zoning, the Planning and Zoning Commission may approve the variance of
specific requirements of this ordinance based upon an approved detailed site plan
which is to be followed at time of preliminary and final platting.
400-2
ORDINANCE NO. 1237-494
Such modification shall be governed by the Planned Development ordinance
standards that grant such modification from normal standards. The approved
Planned Development is considered an optimal zoning, and the subdivision process
is intended to provide an avenue for the application of innovative planning
concepts. In reviewing Planned Development standards, traditional standards are
utilized as the base standard for comparison and guidance. Any modification of
those standards shall meet all of the following criteria:
403.1.1 The modified proposal shall conform to the intent of the Comprehensive Plan.
403.1.2 The modification will not have the effect of preventing the orderly subdivision of
other land in the area.
403.1.3 The need must exist for a variance of requirements to accomplish a unique project
design, as distinguished from a need for a variance for personal convenience.
403.1.4 The proposed development cannot be readily accomplished through standard
zoning districts or subdivision processes.
403.1.5 The proposed modification must substantially accomplish the intent of the standard
and improve the overall development design.
Section 404: General Development Plan
404.1 A General Development Plan will be required by the subdivider unless specifically
waived by the Office of Community Development. A plan must be submitted if
the tract initially proposed for platting is only a portion of a larger landholding of
the subdivider, or a tract of land is sufficiently large to comprise an entire
neighborhood or neighborhoods; or the tract is complicated by unusual physical,
utility, land use, ownership, or other conditions. The General Development Plan
shall include:
404.1.1 The Plan shall be drawn to a scale of V = 200' or larger.
404.1.2 True north shall be clearly, indicated and shall be to the top or left of the study.
404.1.3 Arrangement and correlation of street pattern, particularly collector streets and
major street system, to provide good traffic circulation throughout the neigh-
borhood.
400-3
ORDINANCE NO. 1237-4-94
404.1.4 The Plan shall show the names of adjacent additions or subdivisions or the name
of record of owners adjoining parcels of unplatted land.
404.1.5 General location and size of school. sites, park and recreation areas, and other
public areas.
404.1.6 Location of shopping centers, multifamily residential, and other land uses.
404.1.7 Proposals for water, sewer, and drainage systems in relation to master plans
where they exist for these facilities.
404.1.8 Proposals for service as furnished by private utility companies.
404.1.9 Summary of uses by type, number, and acreage.
404.1.10 Identification of any flood prone areas and general proposals for such areas as
described in Article 200 herein.
404.1.11 Identification of any tree cover containing 6 or more trees with a caliper of 6" or
more that are outside the floodplain which may be bisected by streets or alleys in
order to reduce the destruction of trees.
404.2 Acceptance of General Development Plan:
The Office of Community Development will have the review of the Development
Plan completed within forty-five (45) days or less of submission. Only after
acceptance of the General Plan by the Office of Community Development and the
City Engineer shall the Preliminary Plat(s) be prepared. If development is to take
place in several phases, the General Plan should be submitted as supporting data
for each part. -
Section 405: Preliminary Plat
405.1 Zoning - The subdivision should be designed within the requirements for the
specific zoning district within which it is located. Any change in zoning required
in relation to the preliminary plat shall have been adopted by the City Council
prior to preliminary plat approval by the Commission.
405.2 Preliminary Plat Submission - Upon an agreeable completion of the General
Development Plan process, the developer shall prepare and submit the preliminary
plat to the Office of Community Development not less than twenty-one (21) days
•M
ORDINANCE NO. 1237-4-94
prior to the Commission meeting at which such plat is to be considered. The
following information, certified by a State registered professional engineer, land-
scape architect, a registered public surveyor, or land planner in accordance with
the requirements of this Ordinance, shall be submitted:
Four (4) copies of a preliminary plat showing the general features of the proposed
development for distribution to the following entities: Department of Community
Development (2); Department of Public Works; and Fire Department. Within five
(5) days of approval of the preliminary plat by the Commission, then four (4)
copies will be needed for appropriate distribution (see section 405.6).
405.3 This preliminary plat shall be drawn on a scale of one (1) inch equals one hundred
(100) feet or larger and shall show the following:
405.3.1 The outline of the tract that is proposed to be subdivided, with boundary dimen-
sions.
405.3.2 The proposed plan of subdivision, showing streets, blocks, lots, alleys, easements,
building lines, parks, existing and proposed sewers, water mains, culverts, or
other underground structures with pipe sizes, grades, and locations indicated. The
preliminary plat shall cover all of the tract intended to be developed whether in
total or by sections.
405.3.3 The names of subdivisions; lot patterns; location, widths, and names of existing
or planned streets and intersections; and any blocks, lots, alleys, easements,
building lines, water courses, floodplain, boundary of tree cover, or other natural
features, with principal dimensions; and any other significant information on all
sides for a distance of not less than two hundred (200) feet.
405.3.4 The names of proposed streets, which should follow a consistent theme. All cul-
de-sac streets shall be entitled with the suffix "Court." Whenever possible, the
names should conform to existing street names.
405.3.5 The location of the nearest existing sewers, water and gas mains, and other public
utilities, if any. If none near vicinity, so state.
405.3.6 A proposed general plan for drainage, to include approximate delineation of 100
year storm, as specified in Article 200 herein.
405.3.7 The proposed drainage plan shall include: a topographical map in sufficient detail
showing all abutting drainage areas either contributing to the storm water flows
ORDINANCE NO. 1237-4-94
within the proposed subdivisions or receiving storm water flows from the
proposed subdivision; preliminary plans for drainage improvements within the
proposed subdivision.
405.3.8 The name of the proposed subdivision, north point, scale, date, acreage, and
number of lots.
405.3.9 The name of the owner or owners and the signature, date, telephone number and
address of the registered professional engineer, landscape architect, public sur-
veyor, or land planner who has prepared the preliminary plat.
405.3.10 A location map of the proposed subdivision at a scale of 1 inch to 2,000 feet
showing existing and proposed major features covering an area of at least one mile
in all directions from the proposed subdivision.
405.3. 11 The contours at not more than five (5) foot intervals.
405.3.12 The proposed plan of improvements and utilities to be constructed in the
subdivision, prepared by a registered professional engineer, shall be shown with
indication of street widths and utility line sizes. The accurate location of any
existing utilities within the subdivision shall be shown on the Preliminary Plat.
405.3.13 Building Setback Lines.
405.3.14 Prior to assigning street names to a preliminary plat, approval of the names should
be received from the Department of Community Development.
405.4 The following certificate shall be placed on the Preliminary Plat:
"APPROVED FOR PREPARATION OF FINAL PLAT
Preliminary Plat approval is subject to the delineation of the floodplain boundaries, based
upon fully developed conditions, and approval by the City Engineer's office."
Chairman, Planning Commission Date"
405.5 Preliminary Plat Review - On receipt of the preliminary plat, the Office of
Community Development shall:
ORDINANCE NO. 1237-4-94
Review the preliminary plat for compliance with public objectives, giving special
attention to design principles and standards; to streets and thoroughfares as related
to the Master Thoroughfare Plan of the Comprehensive Plan and to neighborhood
circulation; to existing and proposed zoning and land use of the tract and adjacent
tracts; and to sites required for schools, parks, and other public facilities.
Distribute copies of the preliminary plat to the following offices:
REVIEW COPIES:
City Departments
Community Development (2)
Engineering
Fire
APPROVED PRELIMINARY PLAT:
City Departments -
Community Development (2)
Engineering
Fire
Any other entity that the Office of Community Development considers
appropriate.
The reviewing offices will transmit their recommendations to the Office of
Community Development. Said Office will then summarize the recommendations
of the reviewing offices and present them to the Planning and Zoning Commission
for their consideration of the preliminary plat.
405.6 Preliminary Plat Approval.
The Commission shall render a decision thereon at the next regular meeting of the
Commission. - Such decision may consist of approval, conditional approval, or
disapproval. The action of the Commission shall be noted on two (2) copies of
the Preliminary Plat. One (1) copy shall be returned to the developer within
fourteen (14) days of Commission action, and the other copy retained as a
permanent record of the Office of Community Development.
The approval of a Preliminary Plat by the Commission is the authorization to pro-
ceed with the preparation of the Final Plat and application to consider the Final
Plat. Approval or conditional approval of a Preliminary Plat does not constitute
the acceptance of a subdivision or the improvements placed therein.
400-7
ORDINANCE NO. 1237-4-94
The conditional approval of a Preliminary Plat by the Commission is the
approval of the plat subject to compliance with all conditions prescribed by the
Commission. All conditions prescribed by the Commission shall be furnished in
writing to the developer within fourteen (14) days of Commission action. These
corrections shall be made by the developer within fourteen (14) days and
resubmitted for signature. Failure to provide these corrected copies within
fourteen (14) days shall constitute disapproval of the Preliminary Plat. Compli-
ance with the conditions imposed shall be reflected in the Final Plat and related
documents required for consideration of the Final Plat. Failure to comply with
the conditions imposed shall constitute disapproval of the Preliminary Plat.
The disapproval of a Preliminary Plat by the Commission shall be final. Written
notice of the reasons for disapproval shall be provided to the developer within
fourteen (14) days of Commission action.
Commission approval shall be valid for a period of twelve (12) months from the
date of Commission action. If within the twelve (12) month period no application
is made for Final Plat consideration, the Preliminary Plat shall become null and
void. The developer may request and the City, at_its discretion, may grant an
extension of the time limit for a specified period of time.
If the developer intends to develop a proposed subdivision in sections or phases,
he shall at the time of application for Preliminary Plat consideration, so state. In
this case, a General Development Plan will be required as stated in Section 404.
Section 406: Final Plat
406.1 This step includes the final design of the subdivision, engineering of public
improvements, and submittal of the final plat by the subdivider.
406.2 Final Plat Application - After the preliminary plat has been approved by the
Commission and any or all conditions are complied with, and engineering plans
approved by the City Engineer, the developer's representative shall prepare and
file the final plat with the Office of Community Development not less than
fourteen (14) days prior to the meeting of the Commission at which the plat is to
be considered. All questions concerning technical requirements for the final plat
should be addressed to the City Engineer. The final plat shall comply with the
requirements of this Ordinance and shall include the following:
The following copies should be provided:
SIZE: 24 X 36
ORDINANCE NO. 1237-4-94
1 Mylar for Community Development files
1 Mylar for Collin County
1 Mylar to be returned to the Developer
1 Blueline for Community Development files
1 Blueline for Code Enforcement Office
1 Blueline for appropriate School District
1 Blueline for AISD Tax Office
1 Blueline for Post Office
1 Blueline for Lone Star Gas
1 Blueline for appropriate Electric Company
1 Blueline for Cable Utility
1 Blueline for Southwestern Bell Telephone
SIZE 17 X 23
1 Mylar for Collin County to be delivered to Central Appraisal
District
2 Bluelines for Community Development
1 Blueline for City Secretary
COMPUTER DISK
On all properties containing more than three (3) lots, or more than
two (2) acres, one (1) copy of the final plat shall be provided on
nonreturnable floppy disk in a ".DWG" or ".DXF" format.
The originals and copies shall be clearly legible and contain original signatures.
The original plat shall be drawn to a scale of one inch equals one hundred feet (1"
= 100') or larger in ink on mylar or other acceptable permanent material, with
all figures and letters legible.
406.3 The final plat shall be submitted to the Office of Community Development in
proper form for filing with the Office of the County Clerk with the following
information given:
406.3.1 The name or names of the owner and developer.
406.3.2 The name and address of the Registered Professional Land Surveyor who prepared
the survey.
406.3.3 The name of the proposed subdivision and any adjacent subdivisions.
406.3.4 The designation of total number of lots and total acreage.
RLIT111H
ORDINANCE NO. 1237-4-94
406.3.5 The name of streets, which should follow a consistent theme. All cul-de-sac
streets shall be entitled with the suffix "Court." Whenever possible, the names
should conform to existing street names.
406.3.6 The numbers of lots and blocks, in accordance with a systematic arrangement.
406.3.7 The north point, date, acreage being subdivided, and scale. All plats shall be on
a scale of one (1) inch equals one hundred (100) feet or larger.
406.3.8 An accurate boundary survey of the property, with bearings and distances
referenced to the corner of an existing survey or established subdivisions, with
complete and accurate field notes of said boundaries. The lines with dimensions
of all adjacent lands and the lines with dimensions of adjacent streets, alleys, and
easements in adjacent subdivisions shall be shown in dashed lines.
406.3.9 The location of proposed lots, streets, alleys, easements, building setback lines
(both front and side streets), and other features.
406.3.10 All necessary dimensions, including linear, angular and curvilinear, and other
surveying information necessary to reproduce the plat on the ground with the
linear and curvilinear dimensions shown in feet and decimals of a foot.
406.3.11 The angular dimensions shall be shown by true bearings. The length of all
straight lines, deflection angles, radii, tangents, central angle of curves shall be
shown. All curve information shall be shown for the center line of the street.
Dimensions shall be shown from all angle points and points of curve of lot lines.
All lots on curves shall be shown with the curve length dimensions based on arc
definitions.
406.3.12 All survey monuments shall be shown on the plat (see Section 620).
406.3.13 All deed restrictions that are to be filed with the plat.
406.3.14 An accurate outline description, and area to the nearest hundredth of an acre, of
all parcels of land which is offered for dedication or reserved for public use, or
reserved in the deeds for the use of all property owners in the proposed
subdivision, or reservations for other uses, together with the purpose and
conditions or limitations of such reservations and/or dedications, if any.
400-10
ORDINANCE NO. 1237-4-94
406.3.15 A location map of the proposed subdivision at a scale of 1 inch to 2,000 feet
showing existing and proposed major features covering an area of at least one mile
in all directions from the proposed subdivision.
406.3.16 A certificate, signed by the City Tax Assessor, stating that all taxes and
assessments then due and payable on the land contained within the subdivision
have been paid.
406.3.17 Certification by a Registered Professional Land Surveyor, licensed by the State
of Texas, placed on the plat as follows:
KNOW ALL MEN BY THESE PRESENTS:
THAT I, , do hereby certify that I prepared this plat from
an actual and accurate survey of the land and that the corner monuments shown
thereon shall be properly placed, under my personal supervision, in accordance
with the subdivision regulations of the City of Allen, Texas.
(SEAL)
406.3.18 The following certificates shall be placed on the Final Plat, in a manner that will
allow the filling in of the certificate by the proper party:
"Approved"
Chairman
Planning and Zoning
Commission
Date
"Executed Pro Forma"
Mayor
City of Allen, Texas
Date
The undersigned, the City Secretary of the City of Allen, Texas, hereby certifies
that the foregoing Final Plat of the
Subdivision or Addition to the City of Allen was submitted to the Planning and
Zoning Commission and approved by it on the day of 19_;
400-11
ORDINANCE NO. 1237-4-94
and that such approval constitutes acceptance by the City of Allen of the
dedication of streets, alleys, parks, easements, and public ways, as shown and set
forth in and upon said Plat, subject to the provisions of the Subdivision Ordinance
of the City of Allen, as amended.
City Secretary
City of Allen
406.4 Final Plat Review - The final plat shall be submitted to the Department of
Community Development for review of its completeness and conformity to the
approved preliminary plat. Utility easements, access, and fire lanes shall be
reviewed by the City Engineer and Fire Marshal.
406.5 Final Plat Approval.
The Commission shall render a decision within thirty (30) days after acceptance
of the submission by the Department of Community Development. Said decision
will consist of approval or disapproval. Reasons for disapproval shall be stated
by the Commission in writing within fourteen (14) days.
Upon presentation of a revised final plat that identifies all utility easements, or
within ninety (90) days of Planning & Zoning Commission approval, whichever
comes first, the Department of Community Development shall file the final plat
with Collin County Deed Records. No building permits can be issued within a
residential subdivision prior to the filing of the final plat. Should the developer
fail to pay all applicable development and/or construction fees within the above
ninety (90) days, then the final plat shall be rendered null and void. Failure to
comply with this requirement will result in automatic termination of the approved
final plat after the expiration of one hundred twenty (120) days of approval by the
Planning & Zoning Commission.
Section 407: Combination Plat Approval: The subdivider may elect to submit a combination
plat whenever (1) the tract is to be subdivided into no more than three (3) lots; (2)
no change of street locations would be required; and, (3) the proposed develop-
ment will be similar in density and intensity as adjacent zoning districts.
Section 408: Permits Required
400-12
ORDINANCE NO. 1237-4-94
408.1 Clearing and Grading Permit - A Clearing and Grading Permit for the purpose of
subdividing or subsequent development shall be required prior to the clearing,
grading, filling, or dredging of property within the City of Allen or its ETL The
clearing and grading permit may be issued by the City Engineer only after
approval of the preliminary plat by the Planning & Zoning Commission.
408.2 Development Permit - A Development Permit will allow' for the construction of
public streets, utilities, drainage, or other improvements. Such permit shall
describe the property and the nature of the development, and shall be accompanied
by construction plans adequate to describe the improvements. The City Engineer
shall approve a construction schedule during a pre -construction conference that
shall be held prior to the issuance of this permit. All plans accompanying permits
for any work within a floodplain shall be certified by a registered professional
engineer. The development permit may be issued by the City Engineer only after
approval of the final engineering, and the final plat by the Planning & Zoning
Commission.
400-13
ORDINANCE NO. 1237-4-94
ARTICLE 500: SUBDIVISION IMPROVEMENTS
Section 501: Scone
501.1 Concurrent with the final plat, the developer shall submit construction documents
for the development of all public improvements proposed in the subdivision or
section thereof.
Section 502: Procedures
502.1 Said construction documents are to be submitted to the City Engineer.
502.2 Upon approval of the above plans and any required agreements between the City
and the subdivider, and payment of inspection fees, appropriate construction
documents for all facilities will be filed with the City.
502.3 Following the completion of the subdivision improvements and final inspections,
the subdivision improvements shall be submitted for approval and acceptance by
the City Engineer who shall notify the subdivider in writing of said final
acceptance.
Section 503: Construction Plans
503.1 Construction plan and profile sheets for all public improvements shall be reviewed
prior to construction and approval of the final plat. Construction plans and
profiles shall be drawn on sheets measuring twenty-four (24) by thirty-six (36)
inches. Each sheet shall include north point, scale, and date. Benchmark descrip-
tions to sea level datum shall be included with the plans.
Each sheet Shall show the seal and signature of the registered professional
engineer licensed by the State of Texas who prepared the plans and shall include
the following, unless specifically approved otherwise by the City Engineer:
503.1.1 A plan and profile of each street with top of curb grades shown. Scale shall be V
= 50' horizontally, and appropriate vertical scale.
503.1.2 The cross-section of proposed streets, alleys, and sidewalks, showing the width
and type of pavement, base and subgrade, and location within the right-of-way.
City standards shall not be shown on the construction plans.
500-1
ORDINANCE NO. 1237-4-94
503.1.3 A plan and profile of proposed sanitary sewers, with grades and pipe sizes
indicated and showing locations of manholes, cleanouts, and other appurtenances,
and a cross section of embedment.
503.1.4 A plan of the proposed water distribution system showing pipe sizes and location
of valves, fire hydrants, fittings, and other appurtenances, with a section showing
embedment.
503.1.5 A plan to scale of all areas contributing storm water runoff or drainage within and
surrounding the proposed subdivision. Such plan shall indicate size of areas,
storm frequency and duration data, amounts of runoff, points of concentration,
and other data necessary to adequately design drainage facilities for the area.
503.1.6 A plan and profile of proposed storm sewers, showing hydraulic data, pipe grades
and sizes, manholes, inlets, pipe connections, culverts, outlet structures, bridges,
and other structures.
503.1.7 Profile views of individual improvements shall have no more than two improve-
ments on one sheet unless specifically approved by the City Engineer. The
engineer of record is responsible for the accuracy, completeness, and conformance
to city standards.
503.2 The purpose of the City review is to assure conformance to city policies and
standards. However, the City review is limited to facts as presented on submitted
plans. The City takes no project engineering responsibility. The engineer of
record certifying the plans is responsible for the accuracy and completeness of the
documents submitted for review and actual construction.
503.3 The City reserves the right to require plan corrections when actual conditions in
the field are found to be contrary to or omitted from the previously submitted
plan.
500-2
ORDINANCE NO. 1237-4-94
ARTICLE 600: GENERAL DESIGN STANDARDS AND REQUIREMENTS
Section 601: Purpose
601.1 The purpose of this article is to outline the general design standards and policies
for development within the City of Allen. It is intended that these standards set
the basic development policies for the City, and be used with the guidelines set
forth in the Standard Construction Details -Paving.
Section 602: Street Standards and Policy
602.1 Streets should conform to the 1992 Comprehensive -Plan, as amended, and the
following standards:
The Thoroughfare Plan, as amended, can be amended as needed by the City
Council as recommended by the Planning & Zoning Commission.
602.2 Street right-of-way - the owner shall be required to dedicate street right-of-way
as shown on the officially adopted Thoroughfare Plan and according to the
standards and criteria shown below.
Standards and criteria for right-of-way pavement width and general alignment of
thoroughfares shall be as shown on the Thoroughfare Plan.
602.3 Collector street standards and criteria are set forth as follows:
602.3.1 Basic functional classification criteria:
At least one collector street per area between thoroughfares to collect neighbor-
hood traffic between them.
Collector street (or larger) required for higher intensity land uses where the
intensity is defined as a minimum 12 units/acre on 2 or more acres, industrial
areas and commercial areas.
602.3.2 Technical classification criteria:
Collects neighborhood traffic and feeds to thoroughfares.
In low density areas, normally spaced at one-fourth to one-half mile intervals. In
high intensity areas, may be spaced every block.
ORDINANCE NO. 1237-4-94
602.3.3 Residential (Single or two-family) or Local Streets:
Fifty (50) feet of right -of -waw
The following types of pavement sections are permitted for local streets when
serving the corresponding residential density of units per acre.
R3U, 1 to 5 units or less per acre.
Sixty (60) feet of right-of-way
The following types of pavement (from back of curb to back of curb) sections are
permitted for local streets when serving the corresponding residential density of
units per acre.
R2U, 1 unit or less per acre.
C2U, 5.1 units or above per acre.
602.3.4 Streets in Apartments, Commercial, or Industrial Areas:
Sixty (60) feet of Collector Street right -of way.
A minimum of thirty-seven (37) feet of pavement from back of curb to back of
curb.
602.4 Design Requirements:
602.4.1 The following design guidelines shall be followed. Interpretation of street classifi-
cation shall tie governed first by the approved Thoroughfare Plan. If outside the
detail of the Thoroughfare Plan, street classification shall be interpreted on the
basis of need, as determined by a study of the neighborhood area in which the
subdivision is proposed and the intensity of the area's future development.
602.4.2 In the case of existing topographic features such as tree cover, tree lines, and
other important aesthetic sites which prohibit the reasonable use of the following
specified design requirements, consideration will be given for a variation. The
design should enhance the natural features of the subdivision.
602.4.3 Street Alignment - The maximum deflection in alignment permitted without use
of curve shall be five degrees (5°).
.11
ORDINANCE NO. 1237-4-94
602.4.4 Reverse Curves - Reverse curves on thoroughfares and collector streets shall be
separated by a minimum tangent of one hundred (100) feet.
602.4.5 Street Intersections
Except where existing conditions will not permit, all streets shall intersect at a
ninety degree (90°) angle. Variations of more than ten degrees (100) on
residential or local streets and more than five degrees (50) on collectors and
thoroughfares must have the approval of the Planning & Zoning Commission.
Acute angle intersections approved by the Planning & Zoning Commission are to
have twenty-five (25) foot or greater radii at acute corners.
Each new street intersecting with or extending to meet an existing street shall be
tied to the existing street on centerline with dimensions and bearings to show
relationship.
602.4.6 Partial or Half -streets: Partial or half -streets may be provided where the
Commission feels that a street should be located along a property line. Wherever
a half -street has already been provided adjacent to an area to be subdivided, 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, the first
dedication shall be one-half (1/2) of the proposed street right-of-way plus one (1)
foot.
602.4.7 Driveway Cuts: Driveway cuts or entrances to single-family or two-family uses
shall not be allowed along thoroughfares, unless a "siding street, or an alley with
approved screening, is provided outside the pavement of the thoroughfare.
Driveway cuts shall be located so as to provide a spacing between curb radius
return of at least ten (10) feet for single-family and two-family uses and at least
twenty (20) feet for all other uses. No property shall have more than two (2)
driveway cuts onto any facing street. No driveway cut shall be located closer than
twenty (20) feet from an intersection, measured from the ends of the curb radius
returns.
602.5 Cul-de-sacs and Dead-end Streets:
The maximum length of a cul-de-sac or dead-end street with a permanent turn-
around shall be 600 feet, except the length of cul-de-sacs may exceed 600 feet
provided that the Fire Marshal has determined that emergency access is available
•11
ORDINANCE NO. 1237-4-94
to all units to be served by the cul-de-sac. In no case shall a cul-de-sac length
exceed 1,000 feet.
Turn-arounds are to have a minimum right-of-way width of 100 feet, and a
minimum pavement width of 80 feet, for single family and two-family uses, and
a minimum right-of-way width of 120 feet and a minimum pavement width of 100
feet for all other uses.
602.6 Temporary dead-end streets may be approved by the Planning & Zoning Commis-
sion if adequate all-weather turn -around is provided. "Adequate, all-weather turn-
around" is defined as a turn -around that is of sufficient size to accommodate fire
and sanitation vehicles, and is of a construction quality comparable to standard
road cross-sections, as approved by the City Engineer.
602.8 Perimeter Streets
General - partial or half streets may be provided where the Planning & Zoning
Commission has determined that a street should be located along a property line.
Wherever a half street has already been provided adjacent to an area to be
subdivided, the remaining portion of the street shall be platted with such
subdivision. Where part of a street is being dedicated along a common property
line, the first dedication shall be one-half of the proposed street right-of-way.
Unimproved perimeter streets adjacent to subdivision lots
The term "unimproved street" shall mean a public thoroughfare without paved
curb and gutter, which affords access by vehicles and pedestrians to abutting
property.
Upon any land being subdivided or otherwise developed in an area adjacent to
existing unimproved streets, the developer shall bear half the total cost of paving
up to 24 feet of width, and total cost of curb and gutter for all such unimproved
perimeter streets adjacent to the area being subdivided or otherwise developed.
602.9 Street Names - New streets shall be named so as to provide continuity of name
with existing streets and to prevent conflict with identical or similar names in
other parts of the City.
602.10 Private Streets - Private Streets shall be prohibited except in Planned Development
zoning districts as approved by the City Council.
ME
ORDINANCE NO. 1237-4-94
602.11 Estate Subdivisions - For estate subdivision as herein defined as one unit or less
per acre, a pavement width of 24 feet without curbs is allowed in 60 feet of right-
of-way.
.11'r1 7
CITY OF ALLEN TEXAS
RECOMMENDED THOROUGHFARE DESIGN STANDARDS
DESIGN ELEMENT
SREIA
P6DA
PBD
M6D
M4D
M4U
C4U
C2U
R3U
R2U "
CROSS SECTION SHEET
1
1
1
2
2
2
3
3
3
3
(A) NUMBER OF TRAFFIC LANES
6
6
8
6
4
4
4
4
3
2
(B) LANE WIDTHS (FT)
12
12
12
12
12
12
11
10
10
12
'(C) RIGHT-OF-WAY WIDTH-
MID BLOCK (FT)
120
120
150
110
BO
65
65
60
50
60
'(C) RIGHT-OF-WAY WIDTH-
INTERSECTION (FT)
160
140
160
130
110
80
80
64
NA
NA
"'(D)HOURLY SERVICE VOLUME:
PER LANE
PER FACILITY
DAILY SERVICE VOLUME
960
4,800
48,000
760
3,800
38,000
660
4,400
44,000
620
3,100
31,000
620
2,100
21,000
510
1,700
17,000
450
1,500
15,000
450
750
7,500
0
0
500
0
0
500
(E) DESIGN SPEED (MPH)
45-50
45.50
45
45
45
40
35.40
35
30
25
(F) MAXIMUM GRADE (%)
4-5
4-5
5.6
5-6
5-6
6-7
6-8
6-8
6.8
6.8
(G) MINIMUM HORIZONTAL CURVATURE
CENTERLINE RADIUS (FT)
1,400
1,400
1,050
1,050
1,050
850
600
600
NA
NA
(H) STOPPING SITE DISTANCE (FT)
400
400
400
325
275
275
200
200
150
150
(1) MINIMUM MEDIAN WIDTH (FT)
varies
26
26
16
12
NA
NA
NA
NA
NA
(J) MIN. SPACING MEDIAN
OPENING (FT)
Public
streets
1,300
1,000
600
300
NA
NA
NA
NA
NA
(K) VERTICAL CLEARANCE (FT)
17
17
17
17
16
16
16
16
16 1
16
(L) MINIMUM DRIVEWAY SPACING(FT)
250
250
250
250
150
100
100
NA
NA
NA
(M) MINIMUN VERTICAL CURVE(FT)
1,440
1,440
1,440
1,440
1,440
960
B00
800
NA
NA
May Vary Depending Upon Cycle and Pedestrian Routes
" Estate or Rural Residential
Level of Service C
SR -Strategic Regional Arterial P -Principal Arterial M -Minor Arterial D -Divided U -Undivided C -Collector R -Residential A -Limited Access
Revised: March 4, 1994
a
CITY OF ALLEN
THOROUGHFARE DESIGN STANDARDS
G
i
E CN x CN x A) E
PKWY N -LANES
MEDIAN N -LANES PKWY i
i
! i
i
i
i
i
i
i
i
L x 8 O i
i
i
i
i
F
NOTE: ALL DIMENSIONS TO FACE OF CURB
(11 Includes optional additional lane(s) for turning movements (SR6A, P6DA, P8D, Iv16D, M4D only).
(2) Includes on -street parking lanes.
N
A
L
B
C
D
E
F
G
S
T
TYPE
No.
Thru
Lanes
Thru
Lane
Width
(Ft.)
No.
Left
Lanes
I
Lt.
Lane
Width
(Ft.)
Nominal
Median
Width
(Ft.)
Min.
Median
Width
(Ft.)
Nominal
Pk -N% -y.
Width
(Ft.)
Paving
Section
Width
(Ft.)
Minimum
R.O.W.
Width
(Ft.)
Length of
Intersection
R.O.W.
(Ft.)
Length of
R.O.W.
Transition
(Ft.)
STREET CROSS-SECTION
STANDARDS AT INTERSECTIONS
SR6A
6
12
2
12
36
12
26
108
1600)
225
675
P6DA
6
12
2
12
36
12
16
108
1400)
225
350
P8D
8
12
2
12
36
12
14
132
1600)
225
175
M6D
6
12
2
II
26-32
4-10
13-15
98-104
1300)
225
350
M4D
4
12
2
ll
26-32
4-10
15-18
74-80
110111
225
500
M4U
4
12
1
12
0
0
10
60
80
200
200
C4U
4
11
I
11
0
0
12 5
55
80
150
150
C2U
2
12
l
12
0
0
14
36
64
150
50
STREET CROSS-SECTION STANDARDS AT MID -BLOCK (NON -INTERSECTION)
SR6A
6
12
0
12
27
14
105
98
120
P6DA
6
12
0
12
27
14
105
98
120
P8D
8
12
0
12
27
14
13.5
122
150
M6D
6
12
0
11
17
5
10.5
88
110
M4D
4
12
0
11
16
5
8
Ci4
80
M4U
4 1
12
0
12
0
0
8 5
48
65
C41J
4
11
0
12
0
0
105
44
65
C2U
2
18121
0
12
0
0
12
36
60
NOTE: ALL DIMENSIONS TO FACE OF CURB
(11 Includes optional additional lane(s) for turning movements (SR6A, P6DA, P8D, Iv16D, M4D only).
(2) Includes on -street parking lanes.
(SR6A)
STRATEGIC REGIONAL ARTERIAL
LIMITED ACCESS
(P6DA)
PRINCIPAL ARTERIAL
LIMITED ACCESS
(P8D)
PRINCIPAL ARTERIAL
ffv� THOROUGHFARE DESIGN STANDARDS
CITY OF ALLEN
PUBLIC WORKS I DATE REV DAT, SHEET
DE"'ARTMENT OF ENGINEERING -5-93 6-1-93
Z Z , Z Z - , - � � : , : , : .
(C4U)
COLLECTOR/COMMERCIAL
(R3U)
RESIDENTIAL/LOCAL
CITY OF ALLEN
PUBLIC WORKS
DEPARTMENT OF ENGINEERING
(C2U)
COLLECTOR/RESIDENTIAL
(R2U)
RESIDENTIAL/RURAL
THOROUGHFARE DESIGN STANDARDS
DATE REV DATE: SHEET:
2-3-93 6-1-93
3
ORDINANCE NO. 1237-4-94
Section 603: Sidewalk Standards and Policy
603.1 Sidewalks shall be constructed on both sides of all streets in accordance with the
Standard Construction Details -Paving of the City of Allen . Sidewalks or hike and
bike trails may be required in other areas where necessary. Sidewalk construction
may be delayed until development of lots, but in locations not adjacent to lots and
across bridges and culverts, the sidewalk shall be constructed with the other
improvements to the subdivision or addition. Sidewalks adjacent to screening
walls shall be constructed adjacent to a concrete mow strip located between such
screening wall and sidewalk. Rerouting or elimination of sidewalks for safety
reasons, the avoidance of poles, landscaping, or other obstacles, shall be subject
to the approval of the City Engineer.
603.2 Pedestrian accesses - the Commission may require, in order to facilitate pedestrian
access from the streets to schools, parks, playgrounds, or other nearby streets,
perpetual, unobstructed easements at least 15 feet in width. Easements shall be
indicated on the plat.
603.3 Hike and bike sidewalks shall be constructed in locations shown in the Greenbelt
Study referenced in Ordinance No. 1030-4-91, or other established policies or
ordinances.
Hike and bike sidewalks shall be constructed according to standards shown in the
Standard Construction Details -Paving. On the creek side, slopes must have a
pitch of three to one or less for a distance of at least 10 feet from the sidewalk.
Slopes on the uphill side must have a pitch of three to one or less. Slopes steeper
than three to one must be terraced with retaining walls, or other designs approved
by the City Engineer to reduce erosion. The grade of the trail should not be
greater than 5%. Grades over 5% and not more than 10% is acceptable for a
length not to exceed 500 feet. The drip line for six-inch or greater caliper trees
shall not be filled or excavated more than one foot in depth.
These designs must be shown on the construction drawings, including retaining
walls, slope design, horizontal layout, culverts, bridges, etc.
603.4 Sidewalks shall be required at the time of development. However, sidewalks
adjacent to residential streets interior to a subdivision may be delayed and built
with residential structures provided a 25% cash escrow bond is submitted. All
sidewalks must be completed within two years of the acceptance of the develop-
ment by tiie City, either by the developer or by the City with funds remaining
600-11
ORDINANCE NO. 1237-4-94
from the escrowed bond. To determine the amount of the cash bond, please refer
to Section 1003, Charges.
Section 604: Alleys
604.1 Commercial and Industrial Areas - alleys shall be provided in commercial and
industrial areas where other definite and assured provisions are not made for
service access, such as off-street loading, unloading, parking and firefighting
access, consistent with and adequate for the uses proposed.
604.2 Alleys should be encouraged in residential subdivisions. If alleys are not
incorporated into the design of the subdivision, front entry drives will be required
with side or rear entry garage access, and shall provide sufficient space for the
parking of four vehicles. However, detached front entry garages are allowed
when placed at the rear of a lot having a minimum depth of 120'.
604.3 Alley Width - all alleys shall be paved according to the standards specified herein.
In commercial areas, the minimum width of the alley right-of-way shall be 20 feet
and the minimum pavement width shall be 16 feet. In residential areas, the
minimum alley right-of-way shall be 16 feet and the minimum pavement width
shall be 12 feet. Where two alleys intersect, or turn a sharp angle, lots shall be
platted as shown in the Standard Construction Details -Paving.
604.4 Length - alleys shall not be greater than 1200 feet. Except as approved by the
Planning & Zoning Commission, alleys shall empty into a residential street.
604.5 Dead-end alleys - dead-end alleys shall be prohibited; but if unavoidable, shall
have the approval with adequate outlet or turnaround of the Planning & Zoning
Commission.
604.6 Alleys Parallel to Thoroughfares - alleys that are parallel to thoroughfares shall
not be longer than 4 lots, except that they can be extended to no more than 10 lots
if an additional 10 -foot easement is provided with irrigation and is maintained by
parties other than the City.
Section 605: Screening Walls, Entry Walls and Traffic Barrier Standards
When screening walls are required by the City of Allen Zoning Ordinance No.
829-11-87, Section 3.06, and are adjacent to City of Allen right-of-way, an
approved eight (8) foot masonry wall, or a design approved by the City of Allen,
600-12
.,.;irii...:i,i...............i,._ , , ,.,.,....,., ...:..,....._..,.,.,., , ..,;,,°:, .iii ,.,,.,,,..,.,.,....,...,....,.,.,..., .,.,. , . ....
ORDINANCE NO. 1237-4-94
shall be required. Screening walls shall be constructed on Allen right-of-way.
No living plant walls will be allowed in City of Allen right-of-way.
Entry walls must maintain a safe site distance. Five feet of easement is needed
to maintain the wall, and shall be dedicated as an easement to the City of Allen
(Example A).
4 Traffic barriers shall be a minimum of three and one-half feet (42") in height, or
such other design as approved by the City of Allen, and shall be required:
when two streets are in close proximity to each other (Example B -
wrought iron on private property);
when alley is adjacent to City of Allen park land or open space and the
barrier is needed to prevent vehicular encroachment into the City of Allen
park land (Example C);
when an alley is adjacent to a street (Example D).
The construction of all screening walls, entry walls, and traffic barrier standards
shall conform to the City of Allen Paving Construction Details.
Walls built on City of Allen right-of-way will be included in the two-year
maintenance bond, and will be maintained by the developer during this period.
Before final acceptance of the project, a cash bond as shown in the Schedule of
Filing Fees and Charges per foot of wall will be due to the City for future mainte-
nance of the wall.
.11
Ii
R.O.W. J R.O.W. --
EXAMPLE -A
=SIDEWALK = -
R.O.W. -r
STREET
EXAMPLE -B
W W PUBLIC SPACE LL
W W (PARK,ETC.)
ALLEY
EXAMPLE -C
ALLEY
SIDEWALK
R.O.W.
STREET
EXAMPLE -D
ORDINANCE NO. 1237-4-94
Section 606: Water Utilities Standards
606.1 Adequate Water Facilities - water systems serving the subdivision or addition shall
connect with the City's water supply and distribution system. Water facilities
shall be installed to adequately serve each lot and to grades and sized according
to specifications herein contained or referenced.
606.2 Design and Construction Requirements - design of water systems shall be in
accordance with the City of Allen Stanard Construction Details -Water and Sewer.
Materials and construction shall conform to the Stanard Construction Details -
Water and Sanitary Sewer.
606.3 Fire Hydrants - Fire hydrants and valves shall be required for all�subdivisions and
additions and shall be located to satisfy the requirements of the Fire Marshal and
City Engineer. Fire hydrants shall be located in accordance with the Water and
Standard Construction Details -Water and Sanitary Sewer and the Allen Fire Code.
To eliminate future street openings, all underground utilities for fire hydrants,
together with the fire hydrants themselves, and all other supply improvements,
shall be installed before any final paving of a street shown on the subdivision plat.
Reflective fire hydrant spotters shall be installed in all streets at a point adjacent
to fire hydrants. The spotters shall conform to the City Engineer's specifications.
At corner locations, spotters shall be installed in both streets.
Section 607: Sewer Utility Standards
607.1 Sanitary Sewer Facilities serving the subdivision or addition shall connect to the
City's sanitary sewer system, and shall conform to the Standard Construction
Details -Water and Sanitary Sewer for sewage treatment and collection. Sewers
shall be installed to serve each lot and to grades and sizes according to specifica-
tions herein identified or referenced.
607.2 Design and Construction Requirements - Design and construction of sanitary
sewer shall be in accordance with the City of Allen Standard Construction Details -
Water and Sanitary Sewer.
607.3 Sewage Locations - Sanitary sewers shall be located within street or alley rights-
of-way unless topography dictates otherwise. When located in easements on
private property, access shall be provided to all manholes. A manhole shall be
provided at each street or alley crossing. End lines shall be extended to provide
access from street or alley right-of-way when possible.
600-15
ORDINANCE NO. 1237-4-94
Section 608: Extensions of Water and Sewer Mains
608.1 When oversized mains are required to serve property beyond the boundary of the
subdivision, the City will reimburse the developer when funds are available for
the difference in cost between the line size required to serve the subdivision and
the size required by the City. The methodology used for reimbursement shall be
based upon the Impact Fee Ordinance, No. 1068-12-91.
608.2 Extensions required to serve new subdivisions and other developments:
608.2.1 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 plan for the City.
608.2.2 Properties already served by water and sewer shall not be required to install
additional facilities unless: 1) 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; 2) 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.
Section 609: Utility Easement Requirements
609.1 Easements
609.1.1 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 rights-of-way. If this is not possible, developers may offer
easements outside of street and alley rights-of-way. All utility facilities existing
and proposed throughout the property shall be shown on the preliminary plat.
609.1.2 Easements shall be provided for both municipal and private utilities. Municipal
easements for water and sanitary sewer shall be a minimum of 10 feet in width.
Storm sewer easements shall be a minimum of 10 feet in width. All municipal
easements may be wider if so determined by the City Engineer when depth and
size of utility so require. Proper coordination shall be established between the
property owner and the applicable utility companies for the establishment of said
easements on adjoining properties.
609.1.3 When topographical or other conditions are such as to make impractical the
inclusion of utilities within the rear of residential lot lines, perpetual unobstructed
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ORDINANCE NO. 1237-4-94
easements at least 10 feet in width shall be provided along selected side lot lines
for satisfactory access to the street or rear lot lines. Easements shall be indicated
on the plat.
609.1.4 Water, sewer, or drainage easements shall not straddle lots unless approved by the
City Engineer.
609.2 Damage - The contractor and owner shall be responsible for all damage to existing
public improvements caused during construction of new facilities.
609.3 Underground Utilities - All utilities, including communication and electrical lateral
and/or service distribution lines are to be placed underground. All communication
and electrical support equipment (transformers, amplifiers, switching devices, etc.)
necessary for underground installation shall be pad mounted or placed under-
ground, except electrical service to nonresidential properties may be serviced from
pole -mounted transformers. All utilities, including communication and electrical
distribution are encouraged to be underground along major thoroughfares.
If a special or unique circumstance exists, or an undue hardship is created, the
City Engineer may authorize a variance to this requirement.
Section 610: Street Lights
610.1 _ It is the policy of the City of Allen that adequate street lights be installed in all
new developments.
610.2 General Standards:
610.2.1 Street lights are normally required at all intersections, in cul-de-sacs, major street
curves, and a"t approximately 400 -foot intervals.
610.2.2 Developers shall furnish satisfactory easements for the installation .of services to
street lights, normally 10 -feet in width.
610.2.3 Luminaries used for roadway lighting shall be the type specified in the City of
Allen standards.
610.2.4 Street light number, location, type, and size, shall be determined by the City of
Allen.
610.2.5 Developers will pay 100% of the costs of street light installations.
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ORDINANCE NO. 1237-4-94
610.2.61 Developers will pay the first two years of estimated power usage before
acceptance of the subdivision. The amount to be escrowed shall be determined
by the following formula: the monthly charge per light fixture as determined by
the appropriate power company (M) times 24 months (24) times the number of
fixtures in the subdivision (F). M X 24 X F = Escrow Amount
Section 611: Irrigation
A fully automatic irrigation or sprinkler system of a type and design approved by
the City shall be provided within all completed street medians or other landscaped
areas. Connections under the street and between median cuts shall be provided
to all unfinished medians for future development of the irrigation system.
Section 612: Drainage Requirements
612.1 General Requirements - All plats and storm sewer systems shall conform to the
City's Standard Construction Details -Storm Drainage.
When a subdivision or addition is traversed by a watercourse, drainage way,
channel, or stream, there shall be provided a storm water or drainage easement
conforming substantially to the line of such watercourse, and of such width and
construction that will be adequate for the purpose. It is desirable that the drainage
be maintained by an open channel with landscaped banks and adequate width for
a 100 year design storm frequency flow.
All properties located in the 100 year floodplain shall be maintained in a natural
state. Any deviations or modifications to the natural state shall require review and
approval of the Planning & Zoning Commission.
612.2 Access Easements - The property owner must provide sufficient access on each
side of and parallel to creeks or drainage ways for maintenance purposes. The
access shall be above the base flood elevation and accessible to vehicles and
equipment.
Access must also be provided generally at 1200 foot spacing along streets or
alleys. The location and size of the access easement shall be determined by the
City Engineer. The minimum width of the access easement shall be fifteen feet
(15'). Permanent monuments, the type and locations of which to be determined
by the City Engineer, shall be placed along the boundaries of the access easement
and private property. This access easement shall be included in the dedication
requirements of this ordinance.
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ORDINANCE NO. 1237-4-94
612.3 Drainage easements - Where topography or other conditions are such as to make
impractical the inclusion of drainage facilities within street rights-of-way,
perpetual, unobstructed easements at least ten feet (10') in width, depending on
slopes for drainage facilities, shall be provided across property outside the street
lines and with satisfactory access to the street. Easements shall be indicated on
the final plat. Drainage easements shall extend from the street to a natural
watercourse or to other drainage facilities.
When a proposed drainage system will carry -water across private land outside the
subdivision or addition, appropriate drainage easements must be secured.
612.4 Accommodation of Upstream Drainage Areas - A culvert or other drainage facility
shall, in each case, be large enough to accommodate potential runoff from its
entire upstream drainage area, whether inside or outside the subdivision or
addition. The owner's engineer shall initially determine the necessary size of the
facility, based upon the provisions of the construction standards and specifications
assuming conditions of maximum potential watershed development permitted by
the Zoning Ordinance, subject to approval by the City Engineer.
612.5 Effect on Downstream Drainage Areas - The owner's engineer, subject to approv-
al by the City Engineer, shall study the effect of each addition's storm runoff on
the existing underground drainage facilities immediately downstream of the
addition. Where it is determined that existing capacity is not available immediate-
ly downstream, the owner's engineer shall design a drainage system, detention
facility, or parallel system to mitigate the deficiency. The Commission may
withhold approval of the plat until such mitigation has been provided.
612.6 Detention Facilities Lakes - Detention ponds, and retention ponds may be con-
structed in all areas provided they are approved by the City Engineer. The City
may assume maintenance responsibilities for this type of facility only if title to
facility passes to the City. Easements shall be provided to ensure protection of
these areas for maintenance purposes.
Section 613: Lot's Common Areas, and Facilities
613.1 Lot arrangement - the lot arrangement shall be such that there will be no
foreseeable difficulties for reasons of topography or other conditions, in securing
building permits in compliance with the zoning and building codes. Driveway
access shall be provided to buildings on the lots from an improved street, alley,
or public way.
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ORDINANCE NO. 1237-4-94
Residential lots shall not back to major thoroughfares unless specifically approved
by the Planning & Zoning Commission at the time of preliminary plat approval.
If the Planning & Zoning Commission approves a design which allows lots to back
to major thoroughfares, then screening shall be provided by the developer. All
elevations and materials of the required screening shall be submitted with the
preliminary plat.
613.2 Lot Dimensions - Lot dimensions shall comply with the minimum standards of the
Zoning Ordinance. In general, side lot lines shall be at right angles to street lines
(or radial to curving street lines) unless a variation from this rule will yield a
better street or lot plan. Depth and width of properties reserved or laid out for
business, commercial, or industrial purposes, shall be adequate to provide for the
off-street parking, landscaping, and loading facilities required for the type of use
and development contemplated, as established in the Zoning Ordinance.
613.3 Double Frontage Residential Lots - double frontage and reversed frontage lots
shall be avoided except where necessary to separate residential development from
traffic arterials or to overcome specific disadvantages of topography and
orientation.
613.4 No building except buildings designed and constructed as two-family dwellings or
one -family attached dwellings shall be constructed on or across existing lot lines.
Where buildings are designed and constructed on or across lot lines, the building
shall be located so that the common wall separating the individual living units are
located on and along the common lot lines of the adjoining lots on which said
buildings are located.
613.5 When lots back to thoroughfares, a screening device shall be installed on the lot(s)
limiting visibility between the thoroughfare and the adjoining lots. Screening
material shall"be approved by the Planning & Zoning Commission.
Section 614: Blocks
614.1 Blocks shall generally have sufficient width to provide for two tiers of lots of
appropriate depths. The lengths, widths, and shapes of blocks shall be such as are
appropriate for the locality and the type of development contemplated, but block
lengths in residential areas shall not exceed 1600 feet; however, it may be larger
depending upon the design characteristics of the subdivision such as creeks,
woods, parks, and the like.
ORDINANCE NO. 1237-494
Section 615: Nonresidential Plats
615.1 A nonresidential plat shall be subject to all the requirements of these regulations,
except those that pertain only to residential properties, as well as'such additional
standards as may be required by the Planning & Zoning Commission, and shall
conform to the proposed Land Use Plan and Zoning Ordinance.
615.2 Design Principles - In addition to these regulations, which are appropriate to all
platting, the applicant shall demonstrate to the satisfaction of the Commission that
the street, parcel, and block pattern proposed is specifically adapted to the uses
anticipated and takes into account other uses in the vicinity. The following
principles shall be observed:
615.2.1 Proposed nonresidential parcels shall be suitable in area and dimensions to the
types of nonresidential development anticipated.
615.2.2 Street rights-of-way and pavement shall be adequate to accommodate the type and
volume of traffic anticipated to be generated thereupon.
615.2.3 Residential areas shall be protected from potential nuisance from the proposed
nonresidential plat.
615.2.4 Streets carrying nonresidential traffic, especially truck traffic, shall not normally
be extended to the boundaries of adjacent existing or future residential areas.
Section 616: Frontage and Access Standards
616.1 All nonresidential lots established following the effective date of this ordinance
shall meet the following frontage and access criteria:
616.1.1 Frontage -all nonresidential lots abutting a major thoroughfare or a nonresidential
collector street shall have sufficient access to a public street or easement.
616.1.2 Curb Cuts - all nonresidential lots shall have access to their property, either
through a curb cut or a common access easement that traverses adjacent
properties.
616.1.3 When adjacent to a median divided street, all lots shall have access to a median
opening. Direct access should be provided where possible. If direct access is not
available, then a common access agreement should be consummated between
adjacent properties.
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ORDINANCE NO. 1237-4-94
Section 617 Frontage Exception
617.1 Nonresidential lots may be platted to a public way instead of a dedicated street
upon approval of the Director of Community Development under the following
conditions:
617.1.1 Within a regional mall development requiring an internal circulation system;
617.1.2 For a public utility facility which precedes street extensions;
617.1.3 Where access to a public street will be removed by construction of an overpass
or other required facility.
617.2 A public way must be constructed to minimum fire lane standards. Access and/or
utilities must be provided within the required frontage on a dedicated street or
public way.
Section 618: Building Lines
618.1 The building line is a line beyond which buildings must be set back from a street
right-of-way line or property line. It should conform to the zoning requirements
for that district.
Section 619: Fire Lanes
619.1 Where adequate means for fire department access may not otherwise be provided,
easements for fire lanes shall be required. Fire lane easements shall be a
minimum of 22 feet in width with a 30 -foot radius, or 30 feet in width with a 10 -
foot radius; shall have a height clearance of 14 feet; shall be within 150 feet of
all exterior walls unless adequately protected per the Allen Fire Code and
approved by the Fire Chief or his designated representative; shall be maintained
by the property owner; shall be marked with signs, pavement or curb markings
per the Allen fire Code; and shall i no way be obstructed at any time.
Section 620: Monuments and Markers
620.1 Markers - Lot markers shall be a '/i inch reinforcing bar, 18 inches long, or
approved equal, and shall be placed at all corners flush with the ground or below
ground if necessary in order to avoid being disturbed.
ORDINANCE NO. 1237-4-94
620.2 Monuments - Monuments shall be set at any angle point in the perimeter boundary
of the subdivision. Monuments shall be a concrete post 4 inches in diameter and
3 feet in length, or other such type of monument as may be approved by the City
Engineer. Monuments must contain either a steel rod or a magnet. The precise
point of intersection shall be indented on top of the monument. The top of the
monument shall not be located greater than 6 inches below the surface.
620.3 Bench Marks - A bench mark will be established on a boundary corner of the
subdivision and within the subdivision at a ratio of 1 for every 100 acres. Such
bench marks shall be established to a sea level datum. The bench mark shall be
established upon a permanent structure, or may be set as a monument, and shall
be readily accessible and identifiable on the ground as well as on the subdivision
plat.
Section 621: Development on Existing Lots that were Previously Approved by the City
621.1 It is the policy of the City of Allen that redevelopment on existing residential lots
within the City shall be encouraged. This policy shall apply to lots that have been
platted previously and/or developed and are now currently being redeveloped.
For such area the existing community facilities of streets, water, and sewer shall
be considered the responsibility of the City and shall be upgraded as funds are
available and/or during the regular assessment program.
600-23
ORDINANCE NO. 1237-4-94
621.2 For areas where zoning has been changed significantly from the time of original
platting or development, the full requirements of the Subdivision Ordinance shall
be applied, including all required improvements and facilities. A zoning change
from single family to multi -family, commercial, or industrial is deemed a
significant change for the purpose of this section.
621.3 Any variations that are specifically and expressly identified in an existing Planned
Development zoning district may supersede the requirements of this ordinance.
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ORDINANCE NO. 1237-4-94
ARTICLE 700: PARK LAND DEDICATION
Park land dedication shall be in accordance with Exhibit "A," Ordinance No. 1102-4-92 and any
future amendments.
700-1
z z z Z Z Z Z Z Z z z i z z ;i;;
z z z z
Z, z z Z...Z
ORDINANCE NO. 1237-4-94
ARTICLE 800: DEVELOPMENT IMPACT FEES
Development Impact fees shall be in accordance with Exhibit "B," Ordinance No. 1068-12-91
and any future amendments.
F4.11TION
ORDINANCE NO. 1237-4-94
ARTICLE 900: ENFORCEMENT
Section 901: Authority of City Staff
901.1 The City Staff is hereby authorized and directed to promulgate rules, regulations,
standards, and specifications for the construction, installation, design, location,
and arrangement of streets, curbs, street lights, street signs, alleys, utility layouts,
utility easements, sidewalks, water supply and distribution systems, fire hydrants,
sewage disposal systems, drainage facilities, and other public improvements. City
Staff may amend such regulations and standards provided that such amendments
shall be posted thirty (30) days before becoming effective. No such rules,
regulations, standards, or specifications shall conflict with this or any other
ordinances of the City of Allen.
901.2 All such improvements shall be designed, constructed, installed, located, and
arranged by the subdivider in accordance with such rules, regulations, standards,
and specifications.
Section 902: Inspection of Construction
902.1 The City Engineer, or duly authorized representatives, shall be required to fully
inspect any and all phases of the construction of improvements for subdivisions.
The subdivider, or contractor, shall maintain contact with the City Engineer, or
representative, during construction of improvements, and shall adhere to the
schedule agreed upon at the preconstruction conference held prior to the issuance
of a Development Permit, unless otherwise approved by the City Engineer.
902.2 No sanitary sewer, water, or storm sewer pipe shall be covered without approval
of the City Engineer, or representative. No flexible base material, subgrade
material, or stabilization shall be applied to the street subgrade without said
approval. No concrete may be poured nor asphaltic surface applied to the base
without said approval.
902.3 The City Engineer, or representative, may at any time cause any construction,
installation, maintenance, or location of improvements to cease when, in the
judgement thereof, the requirements of this ordinance or the standards and specifi-
cations as hereinbefore provided have been violated, and may require such
reconstruction or other work as may be necessary to correct any such violation.
Section 903: Maintenance Bond
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ORDINANCE NO. 1237-4-94
903.1 The subdivider shall furnish a sufficient Maintenance Bond in the amount of ten
percent (10 %) of the contract price of all public improvements, with an approved
corporate surety in favor of the City, to indemnify the City against any repairs
which may become necessary to any part of the construction of public improve-
ments in connection with the subdivision, arising from defective workmanship or
materials used therein, for a full period of two (2) years from the date of final
acceptance of the improvements. Final acceptance will be withheld until said
Maintenance Bond is furnished to the City.
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ORDINANCE NO. 1237-4-94
ARTICLE 1000: PROVISIONS
Section 1001: Filing Fees and Charges
1001.1 The following schedule of fees and charges shall be paid to the City when any
preliminary plat or final plat or other filing is tendered to the Planning and Zoning
Commission or any other authorized board or agency of the City. Each of the
fees and charges provided herein shall be paid in advance, and no action of the
Commission or any other board or agency of the City shall be valid until the fees
and charges shall have been paid to the City.
Except as hereinbefore provided, these fees and charges shall be charged on all
plats and filings, regardless of the action taken by the Commission or any other
board or agency of the City, and whether the plat or filing is approved or denied
by the City Council.
All plats submitted for filing with the County shall include an additional fee to
cover the costs for filing.
1001.1.1 Residential: For Single Family Uses
Preliminary Plat - $150.00 per plat plus $10.00 per lot.
Final Plat - $250.00 per plat plus $20.00 per lot plus appropriate Collin County
filing fees.
Combination Plat - $250.00 per plat plus $30 per lot plus appropriate Collin
County filing fees.
Residential: For Multi -family Uses
Preliminary Plat - $150.00 per plat plus $5.00 per unit.
Final Plat - $150.00 per plat plus $10.00 per unit plus appropriate Collin County
filing fees.
Combination Plat - $300.00 per plat plus $15.00 per unit plus appropriate Collin
County filing fees.
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ORDINANCE NO. 1237-4-94
1001.1.2 Mobile Homes: For developments for locating Mobile Homes
Preliminary Plat - $150.00 per plat plus $5.00 per space.
Final Plat - $150.00 per plat plus $10.00 per space.
1001.1.3 Other Uses: For Commercial, Industrial, Institutional and Other Uses not
normally platted in lots
Preliminary Plat - $150.00 per plat plus $15.00 per acre.
Final Plat - $200.00 per plat plus $25.00 per acre plus appropriate Collin County
filing fees.
Combination Plat - $300.00 per plat plus $40.00 per acre plus appropriate Collin
County filing fees.
1001. 1.4 Refiling: When a preliminary plat has been disapproved by the Commission, and
the subdivider refiles a new design for all or a lesser portion of the preliminary
plat within thirty (30) days of such disapproval, no new fee shall be charged for
the refiling.
Section 1002: Permits
1002.1 Clearing and Grading Permit - $50
1002.2 Development Permit - $100
Section 1003: Charles
1003.1 Wall Maintenance Fee - $10 per foot of wall constructed on City right-of-way
must be paid prior to issuance of building permits. The purpose of this fee is to
cover maintenance after expiration of the two-year maintenance bond.
1003.2 Cash Sidewalk Bond - $1.75 per square foot for 25 % of the estimated square feet
of 4 -foot sidewalk in the subdivision.
Section 1004: Penalty
1004.1 Any person, firm or corporation who shall violate any of the provisions hereof,
shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine
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ORDINANCE NO. 1237-4-94
not to exceed two thousand dollars ($2,000) and each day that such violation
continues shall constitute a separate offense and shall be punishable accordingly.
1004.2 Any person, firm, or corporation who shall violate any of the provisions of this
ordinance or who shall fail to comply with any provision hereof within the
extraterritorial jurisdiction of the City of Allen, shall not be guilty of a misde-
meanor, but shall be subject to injunctive relief as set forth in Section 103.8 of
this Subdivision Ordinance.
Section 1005: Conflicting Ordinances Repealed
All ordinances and parts of ordinances inconsistent or in conflict herewith are
hereby repealed. Whenever the requirements of this ordinance conflict with those
contained in other ordinances of the City, the most stringent or restrictive provi-
sion shall govern. Whenever the requirements of this ordinance conflict with the
provisions of an executed Facilities Agreement, the provisions of the Facilities
Agreement shall govern.
Section 1006: Severability
That 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 ordinance not in conflict herewith shall remain in full
force and effect.
Section 1007: Number and Gender
As used in this chapter, whenever the context so indicates, the masculine,
feminine, or neuter gender, and the singular or plural number, shall be deemed
to include the others.
Section 1008: Headings
The headings above the various provisions of this chapter have been included only
in order to make it easier to locate the subject covered by each provision and are
not to be used in construing the meaning of said provisions.
Section 1009: Amendments to Statutes
1000-3
ORDINANCE NO. 1237-4-94
Reference made to any state or federal statutes or to any local ordinances includes
and is intended to refer to those statutes and/or ordinances as they presently exist
or as they may hereafter be amended to read.
Section 1010: Effective Date
The fact that the rules and regulations governing the subdividing of land within
the City of Allen and its ETJ are inadequate to ensure orderly future development,
creates an emergency in the preservation of the public health, safety and welfare,
and requires that this ordinance shall take effect on May 1, 1994.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, ON THE 7th DAY OF APRIL, 1994.
APPROVED AS TO FORM:
A. Don Gro44er, CITY ATTORNEY
APPROVED:
foe Farmer, MAYOR
ATTEST:
J Mor on, CMC, CITY SECRETARY
111
EXHIBIT "A"
ORDINANCE NO. 1102-4-92
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
PROVIDING REQUIREMENTS FOR PARKLAND DEDICATION; PROVIDING FOR
NECESSARY PLANNING FOR OPEN SPACE RESERVATION AND PARK
DEVELOPMENT; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE,
WHEREAS, it has been determined by the Supreme Court of Texas that dedication of parkland does
bear a substantial relation to the health, safety, or general welfare of the community;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS:
SECTION 1: Purpose.
a) This ordinance is adopted to provide recreational areas in the form of neighborhood parks as
a function of subdivision development in the City of Allen. It is hereby declared by the City
Council that recreational areas in the form of neighborhood parks are necessary and in the
public welfare, and the only adequate procedure to provide for same is by integrating such a
requirement into the procedure for planning and developing property or subdivisions in the
City.
b) Neighborhood parks primarily ranging in size from 5-15 acres are those parks providing for a
variety of outdoor recreational opportunities and within convenient distances from a majority
of the residences to be served thereby. The park areas established by the Parks and
Recreation Department and shown on the official Parks and Recreation map for the City of
Allen shall be prima facie proof that any park located therein is within such a convenient
distance from any residence located therein. The primary cost of neighborhood parks should
be borne by the ultimate residential property owners who, by reason of the proximity of their
property to such parks, shall be the primary beneficiaries of such facilities. Therefore, the
following requirements are adopted to effect the purposes stated.
SECTION Z: General Requirements.
The following provisions are applicable to all single-family, dual -family and multi -family development.
a) When a final plat is filled of record with the County Clerk of Collin Count for development
of a residential area in accordance with the subdivision ordinances of the City, such plan shall
contain dedication of an area of land to the City for park purposes, which area shall equal one
acre per 145 single-family, dual -family and/or multi -family units. Any proposed plat submitted
to the City for approval shall show the area proposed to be dedicated under this ordinance.
The required dedication of this section may be met by a payment of money in lieu of land
when permitted or required by the other provisions of this ordinance.
b) The City Council declares that development of an area smaller than one acre for public park
purposes is impractical. Therefore, if fewer than 145 residential units are proposed by a plat
filed for approval, the developer shall be required to pay the applicable cash in lieu of land
amount provided by Section 4(b), rather than to dedicate any land area. No plat showing a
dedication of less than one acre shall be approved.
C) In instances where an area of less than 5 acres is required to be dedicated, the City shall have
the right to accept the dedication for approval on the final plat, or to refuse same, and to
require payment of cash in lieu of land in the amount provided by Section 4(b), if the City
determines that sufficient park area is already in the public domain in the area of the proposed
development, or if the recreation potential for that zone would be better served by expanding
or improving existing parks.
d) The dedication required by this ordinance shall be made by the filing of the final plat. If the
actual number of completed dwelling units exceed the figure upon which the original dedication
was based, such additional dedication shall be required, and shall be made by payment of the
cash in lieu of land amount provided by Section 4(b).
SECTION 3: Prior Dedication; Absence of Prior Dedication.
a) Credit shall be given for land and/or money dedicated pursuant to the adoption of this
ordinance.
b) If a dedication requirement arose prior to the passage of this ordinance, that dedication
requirement shall be controlled by the ordinance in effect at the time such obligation arose,
except that additional dedication shall be required if the actual density of structures constructed
upon the property is greater than the former assumed density. Additional dedication shall be
required only for the increase in density and shall be based upon the ratio set forth in Section
2 of this ordinance.
C) At the discretion of the City, any former gift of land to the City may be credited on a per -acre
basis toward eventual land dedication requirements imposed on the donor of such lands.
d) Open space required under PD Zoning may be used to fulfill the requirements of this
ordinance, if said open space is dedicated to the City of Allen and meets all other requirements
for parkland dedication. Any open space above the parkland requirement will not be subject
to mandatory dedication.
SECTION 4: Money in lieu of land.
a) If approved by the City, a land owner responsible for dedication under this ordinance may elect
to meet the requirements of Section 2 in whole or in part by a cash payment in lieu of land,
in the amount set forth in section 4(c). Such payment in lieu of land shall be made at or prior
to the time of final plat approval.
b) The dedication requirements shall be met by a payment in lieu of land at a per -acre price set
and kept current by resolution by the City Council, sufficient to acquire land and provide for
adjacent streets and utilities for a neighborhood park to serve the park zone in which such
development is located. 'Unless changed by the City Council, such per -acre price shall be
computed on the basis of $130.00 per single-family unit and $110.00 per multi -family unit.
C) Cash payments may be used only for acquisition or improvement of a neighborhood park
located within the same zone as the development. A zone shall be defined as the Community
Park District A, B, C or D according to map 3 in the City of Allen Land Acquisition Policy.
SECTION 5: Comprehensive Plan Considerations.
Land reflected in the Park and Open Space Plan 'NP' denotes the need of a neighborhood park
within that district. The City will determine the park location based on hand suitability. Size of the
park shall be determined by the expected population of the Planning District at a rate of 2.0 acres per
1,000 persons.
SECTION 6: Special Fund, Right to Refund..
a) There is hereby established a special fund for the deposit of all sums paid in lieu of land
dedication under this ordinance or any preceding ordinance which funds shall be known as the
Park Land Dedication Fund. Deposits shall be documented and placed in an interest-bearing
accounic
b) The City shall account for all sums paid in lieu of land dedication under'.' this ordinance with
reference to the individual plats involved. Any funds paid for such purposes must be expended
by the City within 10 years from the date received by the City for acquisition or development
of a neighborhood park as defined herein. Such funds shall be considered to be spent on a first
in, first out basis. If not so expended, the owners of the property on the last day of such
period shall be entitled to a pro -rata refund of such sum, computed on a square footage of area
basis. The owners of such property must request such refund within one year of entitlement,
in writing, or such right shall be barred.
SECTION 7: Additional Requirements, Definitions.
a) Any land dedicated to the City under this ordinance must be suitable for park and recreation
uses. The following characteristics of a proposed area are generally unsuitable:
1) Any area primarily located in the 100 -year flood way.
2) Any areas of unusual topography or slope which renders same unusable for
organized recreational activities.
b) Drainage areas may be accepted as part of a park if the channel is constructed in accordance
with City (Engineering Standards, and no significant area of the park is cut off from access by
such channel.
C) Each park must have ready access to a'public street(s).
d) If any provision of this ordinance or the application thereof to any person or circumstance is
held invalid, such invalidity shall not affect any other provisions or application of this ordinance
which can be given effect without the invalid provision or application and to this end, the
provisions of this ordinance are declared to be severable.
e) This ordinance shall become effective upon adoption by the City Council.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS,
ON THE 16 thDAY OF APRIL , 1992.
APPROVED A.i TO FORM:
A. Don Crowder,,CITY ATTORNEY
APPROVED:
Joe' Farmer, MAY
ATTEST:
Judy Mor son, CITY SECRETARY
FORMULA FOR ESTABLISHING
PARK DEDICATION FEES AND LAND REQUIREMENTS
LAND REQUIREMENTS
11,031 projected residential dwelling acres : 26 districts = 424.26
average acres per district
x 3.2 average units per acre = 1,357.66 units per district
= 12.5 acres neighborhood parks (ideal size) = 108.64 residential units
required for a 1 acre parkland dedication
75% developer responsibility = 144.85 (145) units built for every one
acre required dedication
FEE REQUIREMENTS
Average cost per acre = $18,000
x 12.5 acre park per district = $225,000
x 75% developer cost per district = $168,750
= 1357 units per district = $124.35 ($125) dedication amount per unit
3/4 units to be single family
1/4 units to be multi family
Fee should be set at $130 per single family unit and $110 per multi
family unit
EXHIBIT "B"
ORDINANCE NO. 10 6 8 - 12 - 9 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS ADOPTING A CAPITAL IMPROVEMENTS PLAN AND ADOPTING
IMPACT FEES BASED ON SUCH CAPITAL 13"ROVEMENTS PLAN;
PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Allen, Collin County, Texas (the "City Council")
has appointed a Capital Improvements Advisory Committee ( the "Advisory Committee") ; and
WHEREAS, the City Council has adopted rules for the Advisory Committee to follow in
carrying out its duties; and
WHEREAS, the Advisory Committee has submitted comments and recommendations on the
Capital Improvement Plan and Impact Fees calculated to the City Council; and
WHEREAS, the City Council in accordance with the provisions of Chapter 395 of the Texas
Local Government Code, has called and held a public hearing concerning approval of the
Land Use Assumptions for Development of Impact Fees for the City of Allen and have
adopted said Land Use Assumptions; and
WHEREAS, the City Council has had a Capital Improvements Plan prepared by a qualified
professional engineer as required by Chapter 395 of the Texas Local Government Code; and
WHEREAS, the City Council has called and held a public hearing concerning said Capital
Improvement Plan and the maximum impact fees identified in the plan; and
WHEREAS, the City Council finds that the City of Allen has complied in all things with
Chapter 395 of the Texas Local Government Code, and the notice, adoption, promulgation,
and methodology necessary to adopt a capital improvements plan and establish impact fees;
and
WHEREAS, the City Council finds that it is in the best interest of the citizens of Allen to
adopt such capital improvements plan and the impact fees contained therein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS:
SECTION 1: That the Capital Improvements Plan prepared by Hunter Associates, Inc.
dated August, 1991 on file in the office of the City Secretary is hereby approved and
adopted as the Allen Capital Improvements Plan.
SECTION 2: That the City shall assess and collect impact fees for funding or recouping
the costs of capital improvements or facility expansions necessitated by and attributable
to new development under the provisions of this ordinance, to wit:
"IMPACT FEES"
ARTICLE I - GENERAL PROVISIONS
1.01 IN GENERAL; PURPOSE, POLICY - This Article is adopted pursuant to the
provisions of Chapter 395, Texas Local Government Code, V.A. T . S. , as well as
under the authority of Article 11, Section 5 of the Texas Constitution. This
Article implements a policy of the City to impose fees upon each new development
project to pay the costs of constructing capital improvements and facility
expansions necessary to serve new development.
1.02 DEFINITIONS - For purposes of this Article, the following words and phrases shall
have the meanings respectively ascribed to them by this Section:
(1) Advisory Committee - the members of the Planning and Zoning Commission,
and the representatives appointed by the City Council as required by the
enabling legislation for this ordinance.
(2) Assessment - the determination of the amount of the maximum impact fee
which can be imposed on new development pursuant to this Article.
(3) Capital Improvement - any of the following facilities that have a life
expectancy of three or more years and are owned and operated by or on
behalf of the City:
a. water supply and distribution facilities; wastewater collection
facilities; and storm water, drainage, flood control facilities as they
relate to the construction of roadway facilities; whether or not they
are located within the service area; and
b . roadway facilities.
(4) Capital Improvements Plan - a plan contemplated by this Article that
identifies capital improvements or facility expansions for which impact fees
may be assessed. The Capital Improvement Plan is hereby adopted with
this Ordinance.
(5) City - the City of Allen, Collin County, Texas.
(6) Credit - the amount of the reduction of an impact fee for fees, payments or
charges for or construction of the same type of facility.
(7) Facility expansion - the expansion of the capacity of an existing facility
that serves the same function as an otherwise necessary new capital
improvement, in order that the existing facility may serve new
development. The term does not include the repair, maintenance,
modernization, or expansion of an existing facility to better serve existing
development.
(8) Final Plat Approval of Approval of a Final Plat - the point at which the
applicant has complied with all conditions of approval and the plat has been
released for filing with the County Clerk.
Ordinance No. 1068- 12-91 page 2
(9) Impact Fee - a charge or assessment imposed as set forth in this Article
against new development. The term does not include:
a. required dedications of land for public parks or payments in lieu
thereof;
b. dedication of right-of-ways or easements or construction or
dedication of on-site water distribution, wastewater collection or
drainage facilities, or streets, sidewalks, or curbs if the dedication
or construction is required by a valid ordinance and is necessitated
by and attributable to the new development; or
C. lot or acreage fees or pro -rata fees to be placed in trust funds for
the purposes of reimbursing developers for oversizing or
constructing water or sewer mains or lines.
(10) Land Use Assumptions - a description of the service area and projections
of changes in land uses, densities, intensities, and population in the
service area over at least a 10 year period which has been adopted by the
City and upon which the capital improvements plan is based.
(11) New development - the subdivision of land; the construction,
reconstruction, redevelopment, conversion, structural alteration,
relocation, or enlargement of a structure; or any use or extension of the
use of land; any of which increases the number of service units.
(12) Off-site - located entirely on property which is not included within the
bounds of the plat being considered for impact fee assessment.
(13) On-site -located at least partially on the plat which is being considered for
impact fee assessment.
(14) Roadway facilities - arterial or collector streets or roads that have been
designated on the City's officially adopted roadway plan, together with all
necessary appurtenances. The term does not include any roadways or
associated improvements designated on the federal or Texas Highway
system. The term includes but is not limited to interest in land, traffic
lanes, curbs, gutters, intersection improvements, traffic control devices,
turn lanes, drainage facilities associated with the roadway or street
lighting.
(15) Service Area:
a. for water supply, treatment and distribution facilities, wastewater
collection and treatment: the entire area within the corporate limits
of the City and its extraterritorial jurisdiction to be served by the
capital improvements and facilities expansions specified in the
Capital Improvement Plan;
b. for roadway facilities: each individual service area designated in the
capital Improvements Plan served by the roadway facilities-
designated
acilitiesdesignated in the Capital [mprovements Plan.
Ordinance No . 1068-121-91 Page 3
(-16) Service Unit - for the purpose of impact fee assessment the applicable
standard units of measure shown on the conversion table in the Capital
Improvements Plan and Impact Fee Calculation which can be converted to
equivalent single family residential PM Peak Hour average Vehicle Trip
Ends per acre for roadway facilities and five -eights inch (5/8") water
meter equivalents, as the context indicates which serves as the
standardized unit of measure of consumption or discharge for water and
wastewater facilities.
(17) Sanitary Sewer Facility - an improvement for providing wastewater
collection, including, but not limited to, land or easements, lift stations,
or interceptor mains. Sanitary sewer facility excludes sanitary sewer liens
or mains which are reimbursed from pro rata charges paid by developers
or owners of property in other subdivisions as a condition of connection to
or use of such facility.
(18) Water Facility - an improvement for providing water supply, treatment and
distribution service, including, but not limited to, land or easements water
treatment facilities, water supply facilities, or water distribution lines.
Water facility excludes water lines or mains which are constructed by
developers, the costs of which are reimbursed from pro rata charges paid
by developers or owners of property in other subdivisions as a condition
of connection to or use of such facility.
ARTICLE II - ADVISORY COMMITTEE
2.01 The Capital Improvements Advisory Committee ( "Advisory Committee") shall
consist of the Planning and Zoning Commission. If the Committee does not include
at least one representative of the real estate, development or building industry
who is not an employee of official of a political subdivision or governmental entity,
the City Council shall appoint at least one such representative as an add hoc
voting member of the Advisory Committee. If any impact fee is to be applied in
the extraterritorial jurisdiction of the City, a representative from the area shall
be appointed by the City Council.
2.02 The Advisory Committee serves in an advisory capacity and is established to:
(1) advise and assist the adoption of land use assumptions;
(2) review the capital improvements plan and file written comments;
(3) monitor and evaluate implementation of the capital improvements plan;
(4) file semi-annual reports with respect to the progress of the Capital
Improvements Plan and Report to the City Council any perceived inequities
in implementing the plan or imposing the impact fee; and
(5) advise the City staff and Council of the need to update or revise the land
use assumptions, capital improvements plan and impact fee.
2.03 All professional reports concerning the development and implementation of the
Ordinance No. t 0 6 8- 12 - 9 1 Page 4
capital improvements plan shall be made available to the Advisory Committee.
2.04 The Advisory Committee shall elect a chair -person to preside at its meetings and
a vice -chairperson to serve in their absence. All meetings of the committee shall
be open to the public and posted at least 72 hours in advance. A majority of the
membership of the Committee shall constitute a quorum.
ARTICLE III - PERIODIC UPDATES REQUIRED
The land use assumptions and capital improvements plan upon which impact fees
are based shall be updated at least every three years, beginning with the first
such updated to be on or before June, 1994. Alternatively, the City Council
may, pursuant to the provision of Section 395.0575 of the Local Government Code
make a determination that no such update is required.
ARTICLE IV - EWPACT FEE REQUIRED; EXCEPTIONS
4.01 Impact fees shall be assessed to new development at the time plats are released
for recordation and due and payable prior to or at the time of recordation of plat.
Fees for property which is proposed to occur without platting shall be assessed
at any time and shall be due and payable prior to or at the time of issuance of the
building permit or connection to the City's water or sanitary sewer system,
whichever occurs first. Impact fees for properties platted prior to adoption of
this Ordinance shall be collected at any time after one (1) year of adoption of this
Ordinance and shall be due and payable prior to or at time of -,issuance of the
building permit or connection of the City's water and sanitary sewer system,
whichever occurs first.
4.02 Additional impact fees or increases in fees shall not be assessed unless the
number of service units to be developed on the tract increases. Should the
service units be increased, impact fees shall be increased in an amount equal to
the current impact fee per service unit multiplied by the difference in number of
service units.
4.03 Except for roadway facilities, impact fees may be assessed but not collected for
property where service is not available unless:
(1) the City commits to commence construction of necessary facilities identified
in the capital improvements plan within two years and have service
available in a reasonable time not exceeding five years; or
(2) the City agrees in writing to permit the owner of the property to construct
or finance the required capital improvement or facility expansion and
agrees that the cost incurred or funds advanced will either:
a. be credited against the impact fees other wise due from the new
development;
b . reimburse the owner for such costs from impact fees paid from other
new developments that will use such capital improvements or facility
expansions in which case fees shall be reimbursed to the owner at
the time collected as other n(,w development plats are recorded; or
Ordinance No. _ 1 0 6 8 - 12 - `) 1 Page 5
c. the owner voluntarily requests that the City reserve capacity to
serve future development and the City and the owner enter into a
valid written agreement.
4.04 The owner of the property for which there is a recorded plat may enter into a
written agreement with the City providing for the time and method of payment of
impact fees, which agreement shall prevail over any contrary provision of this
Article.
ARTICLE V - CALCULATION OF IMPACT FEES
5.01 Impact fees shall be determined by multiplying the number of service unit
equivalents in the proposed development by the amount per service unit
equivalent due under Exhibit "A" which is attached hereto and incorporated
herein for all purposes. The number of service unit equivalents shall be
determined by using the conversion table contained in the capital improvements
plan, and attached hereto and made a part of this ordinance as Exhibit "B".
5.02 If a development, subject to assessment of impact fees under this ordinance, has
an actual area coverage that varies by more than ten percent (10%) from the
average area coverage used as the basis for determination of impact fees as
contained in Exhibit "B", the impact fees assessed shall be determined by
multiplying the fees calculated in accordance with the preceding paragraph by a
ratio, the numerator, being the actual area coverage and the denominator being
the average area coverage per Exhibit "B".
5.03 The determination of impact fees shall be reduced by any allowable credits for the
category of capital improvements as provided in Article VI.
5.04 The total amount of unpaid impact fees shall be attached to the development
application, or, if to be paid at some later date, to the request for other permit
or connection.
5.05 Replatting shall not require recalculation of impact fees unless the number of
service units is increased or land uses change. If a proposed development
increases the number of service units, the impact fee shall be recalculated as
provided in Article IV .
ARTICLE VI - CREDITS
6.01 Any construction of, contributions to, or dedications of any facility appearing on
the capital improvements plan which is required by the City to be constructed by
the owner as a condition of development shall be credited against the impact fees
otherwise due for the same category of impact fees otherwise due from the
development. Credit for impact fees due an owner in one category of impact fees
(i.e. water, wastewater treatment and thoroughfares) may not be used as an off-
set for impact fees due in another category of impact fees.
6.02 The amount of each credit for required construction of a facility on the capital
improvements plan shall be calculated by multiplying the value of the facility
assessed for the capital improvements plan by a fraction, the numerator of which
Ordinance No. 1068- 12-9 1 page 6
is the impact fee per service unit equivalent due for the new development
computed using Exhibit "A" and the denominator of which is the maximum impact
fee per service unit computed using the plan.
6.03 As an alternative to the foregoing, the City and the owner may enter into an
agreement providing that in addition to the credit, the owner will be reimbursed
for all or a portion of the costs of such facilities from impact fees as received from
other new developments that will use such capital improvements or facility
expansions.
6.04 An owner shall be entitled to a credit against any category of impact fee as
provided in any written agreement between the City and the owner.
6.05 No credit for construction of any facility shall exceed the total amount of impact
fees due from the development for the same category of improvements.
ARTICLE VII - EXPENDITURE AND ACCOUNTING FOR FEES AND INTEREST
7.01 All impact fees collected shall be deposited in interest bearing accounts clearly
identifying the category of capital improvements or facility expansions within the
service area for which the fee is adopted.
7.02 Interest earned shall be credited to the account and shall be subject to the same
restrictions on expenditures as the funds generating such interest.
7.03 Impact fees and the interest earned thereon may be spent only for the purposes
for which such fees were imposed as shown in the capital improvements plan.
7.04 The records of the accounts into which impact fees are deposited shall be open for
public inspection and copying during ordinary business hours.
ARTICLE VIII - REFUNDS
8.01 On the request of an owner of property on which an impact fee has been paid,
impact fees shall be refunded if existing facilities are available and service is
denied, or , if the City failed to commence construction of facilities required for
service within two years of payment of the fee, or, if such construction is not
completed within a reasonable time but not in any event in more than five years
from the date of payment of the fee.
8.02 Upon completion of capital improvements or facility expansions identified in the
capital improvements plan, the impact fee shall be recalculated utilizing actual
costs. If the impact fee based on actual cost is less than the impact fee paid, the
City shall refund the difference if such difference exceeds the impact fee paid by
more than ten percent.
8.03 Any impact fee funds not expended within ten years after payment shall be
refunded.
8.04 Refunds shall bear interest calculated from the date of collection to the date of
refund at the statutory rate set forth in Article 5067-11-.03, Vernon's Texas
Civil Statutes or it s successor statute.
Ordinance No . t068-12-91 page 7
8.05 All refunds shall be made to the record k, ..car of the property at the time the
refund is paid. However, if the impact -es were paid by another political
subdivision or governmental entity, pay. -!nt shall be made to the political
subdivision or governmental entity.
8.06 The owner of the property on which an ,pact fee has been paid or another
political subdivision or governmental entit:- -fiat paid the impact fee has standing
to sue for a refund under this section.
ARTICLE IX - APPE ALS
9.01 Upon written application of an owner of pt-operty upon which impact fees were
assessed, the City Council shall consider appeals to the interpretations of or
errors in the application of the impact fee re-,rlilations or schedules which are used
to calculate the fees or credits.
SECTION 3: If any section, article, paragraph, s -thence, clause, phrase orwork in this
ordinance, or application thereof to any persons or circumstances is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance: and the City Council hereby declares
it would have passed such remaining portions of the ordinance despite such invalidity,
which remaining portions shall remain in full force _ind effect.
SECTION 4: This ordinance shall be in full force and effect from and after its passage,
and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, THIS THE 5th DAY OF DECEMBER, 1991.
APPROVED AS TO FORM:
wd4r, CITY TA TORNEY
APPROVED:
v uP C�iL_
J6e Farmer, MAYOR
ATTEST:
Judy Mo on, CITY SECRETARY
Ordinance No. 1068- 12 9 1 Page 8
EXHIBIT "A"
IMPACT FEE RATES
*Dollar per water meter for water and wastewater facilities and dollar per acre of platted
area for thoroughfare facilities.
Ordinance No. _] 0 6 8- 1 2- 9 1 Page 9
SERVICE
AREA
MAXIMUM
IMPACT FEE PER
SERVICE UNIT
E UIVALENT*
-ADOPTED-
IMPACT FEE PER
SERVICE UNIT
E DIVALENT*
WATER FACILITIES
ALL
$ 547
$ 274
WASTEWATER FACILITIES
ALL
$ 92
$ 92
THOROUGHFARE FACILITIES
1
$2,475
-0-
THOROUGHFARE FACILITIES
2
$4,400
-0-
THOROUGHFARE FACILITIES
3
$1,950
-0-
THOROUGHFARE FACILITIES
4
$3,976
-0-
THOROUGHFARE FACILITIES
5
$1,730
-0-
THOROUGHFARE FACILITIES
6
$3,086
-0-
THOROUGHFARE FACILITIES
7
$5,712
-0-
THOROUGHFARE FACILITIES
8
$5,732
-0-
THOROUGHFARE FACILITIES
9
$2,339
-0-
THOROUGHFARE FACILITIES
10
$ 102
-0-
THOROUGHFARE FACILITIES
11
$6,631
-0-
THOROUGHFARE FACILITIES
12
$4,508
-0-
*Dollar per water meter for water and wastewater facilities and dollar per acre of platted
area for thoroughfare facilities.
Ordinance No. _] 0 6 8- 1 2- 9 1 Page 9
EXHIBIT "B"
EQUIVALENCY TABLE
WATER AND WASTF.WATF.R FACTT.TTTF.S
WATER.METER: SIZE
WATER SERVICE UNIT
EQUIVALENT
SEWER SERVICE UNIT
E UIVALENT
5/8"
1.0
1.0
3/4"
1.5
1.3
1" Simple
2.5
1.8
1 1/211 Simple
5.0
3.0
2" Simple
8.0
4.5
2" Compound
8.0
4.5
2" Turbine
10.0
5.5
3" Compound
16.0
8.5
3" Turbine
20.0
12.5
4" Compound
25.0
13.0
4" Turbine
35.0
21.0
6" Compound
50.0
25.0
6" Turbine
80.0
46.0
8" Compound
80.0
40.0
8" Turbine
140.0
80.0
10" Compound
115.0
100.0
10" Turbine
250.0
100.0
THOROUGHFARE. FACTT.TTTF."�
LAND USE'TYPE
AVG. AREA
COVERAGE
SERVICE UNIT
E UIVALENT
RESIDENTIAL
3.9 *
1.0
COMMERCIAL/ RETAIL
10,890 **
10.1
OFFICE/ INDUSTRIAL
13,070 **
6.6
PUBLIC/SEMI-PUBLIC
10,890 **
3.0
* Dwelling Unit (DU)
** Gross Square Feet (GSF) 13uildirig Area per Acre
Ordinance No. 1 0 6 8 - 12 - 9 1 Page 10