O-3125-11-12ORDINANCE NO. 3125-11-12
' AN ORDINANCE AMENDING THE ALLEN LAND DEVELOPMENT CODE, AS
AMENDED, BY AMENDING SECTION 4.15.1 "GENERAL HEIGHT AND AREA
PROVISIONS" AND SECTION 4.152 SCHEDULE OF RESIDENTIAL HEIGHT
AND AREA REGULATIONS" RELATING TO AUTHORIZING UNCOVERED
FRONT PORCHES AND UNCOVERED PATIOS TO EXTEND A LIMITED
DISTANCE INTO THE FRONT YARD IN THE R-1, R-1.5, R-2, RJ, R4, R-5, R-6
AND R-7 ZONING DISTRICTS; BY AMENDING SECTION 6.06 "SUPPLEMENTAL
USE REGULATIONS" AND ADDING A NEW SECTION 6.06.11 TITLED "SOLAR
PANELS" PROVIDING FOR SUPPLEMENTAL USE REGULATIONS FOR SOLAR
PANEL SYSTEMS; BY AMENDING SECTION 7.03.4 "OUTDOOR LIGHTING"
REGARDING THE REGULATION OF OUTDOOR LIGHTING; BY AMENDING
SECTION 7.07.1 "FENCES AND WALLS" TO ADD AN EXCEPTION TO THE
PROHIBITION OF FENCES AND WALLS IN THE FRONT YARD; BY AMENDING
SECTION 8.05.1 "STREET DESIGN STANDARDS", SUBSECTION 7 "DRIVEWAY
CUTS" REGARDING THE REGULATION OF DRIVEWAY CUTS; BY AMENDING
SECTION 8.11 "STREET LIGHTS" REGARDING THE REGULATION OF STREET
LIGHTS; BY AMENDING APPENDIX A "DEFINITIONS" BY ADDING,
AMENDING OR DELETING CERTAIN DEFINITIONS; BY AMENDING
SECTIONS 1.08; 2.033; 3.03; 4.06; 7.06.4; 8.04; AND APPENDIX B "FILING FEES
' AND CHARGES" TO PROVIDE FOR PAYMENT OF VARIOUS FEES AND
CHARGES TO BE ADOPTED BY CITY COUNCIL RESOLUTION; PROVIDING A
CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,010.00) DOLLARS FOR
EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, Texas, in
compliance with the laws of the State of Texas and the Ordinances of the City of Allen, Texas, have given the
requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing
to all persons interested and in the exercise of its legislative discretion, the City Council has concluded that the
Allen Land Development Code Zoning Regulations of the City of Allen, Texas, as previously amended, should
be further amended as follows:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Allen Land Development Code, Section 4.15.1 "General Height and Area Provisions,"
Subsection 2 "Front Yards" shall be amended by adding paragraphs f and g. to read as follows:
f Attached unenclosed front porches or uncovered patios shall be permitted to extend
up to ten feet into the front yard of R -I, R-1.5, R-2, R-3, R4, and R-5 zoning
' districts.
g. Attached unenclosed front porches or uncovered patios shall be permitted to extend
up to eight feet into the front yard of R-6 and R-7 zoning districts.
1
1
SECTION 2. The Allen Land Development Code, Section 4.15.2 "Schedule of Residential Height and Area
Regulations" shall be amended by deleting footnote (4) and footnote (5) and renumbering footnotes (6), (7),
(8),(9), and (10) as footnotes (4), (5), (6), (7), and (8), respectively, and shall read as follows:
Section 4.15.2 - SCHEDULE OF RESIDENTIAL HEIGHT AND AREA REGULATIONS
R -I
R-1.5
R-2
R-3
R-4
R-5
R-6
R-7
2-F
TH(')
MF-
MF-
M -H
12 (6)
18(6)
Minimum
Lot Am (sq.
40,000
30,000
18,000
12,000
9,000
7,500
6,000
5,000
8,000
2,160
12,000
14,000
4000
feet)
Lot
n/a
n/a
n/a
n/a
Na
n/a
n/a
n/a
n/a
n/a
3,000
2,400
n/a
Area/Dwelling
Unit
Front Yard)')
40
35
30
30
25
25
20
20
25(')
20(')
50ox5)
50(x5)
25
(in feet)
Rear Yard (in
25
25
25
20
15
15
10
10
15
15
20(')
20(2)
15
feet)
Side Yard('
n/a
n/a
Na
n/a
n/a
n/a
1 & 9 or 5
15
6
25(')
25(')
15
(in feet)
& 5
Side Yard(')
10
10
10
10
10
10
n/a
n/a
n/a
n/a
Na
n/a
n/a
(0/ of lot
I
width)
Comer Lot
25
20
15
15
15
15
15
15
15
10
20(2)
20(2)
15
Side Yard (in
ft)
Lot Width (in
150
125
100
80
70
65
55(')
45(')
65
24
85
85
42
feet)
Lot Depth (in
150
125
120
120
110
110
100
90
90
90
110
110
85
feet)
Buildable
7,200
7,200
7,200
4,600
3,600
3,000
n/a
n/a
3,000
n/a
4,800
5,600
n/a
Area (sq. feet)
Dwelling unit
2,400
2,400
2,000
1,800
1,600
1.600
1,200
1,000
1,000
Sin (sq. ft.)
Average du
n/a
n/a
n/a
n/a
Na
Na
Na
n/a
n/a
size/project
Park Land/du
436
436
436
436
436
436
436
436
436
R436436
(sq. feet)Open
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Space/du(sq.
ft.)
Building
75% Masonry Exterior
1000/ Masonry Exterior
Materials
(does not
include cement fiber
products)
Maximum
Percent Lot
30
30
35
35
55
55
45
50
Na
Coverage
J;T7165-2
story
75-1
story
Ordinance No. 3125-11-12, Page 2
Section 4.15.2 - SCHEDULE OF RESIDENTIAL HEIGHT AND AREA REGULATIONS
A building in the CBD may be erected to a height of eighty (80) feet and eight (8)
R -I
R-1.5
R-2
R-3
R-4
R-5
R-6
R-7
2-F
TO')
MF-
MF-
M -H
feet (20'-0") or more behind the front or side building setback line.
(6)
No required parking shall be allowed within the required front yard.
(6)
No portion of any structure within 100 feet of any single-family residential district or
any front property line shall be more than two stories in height.
'
(r)
Minimum lot width of 65'-0" required for lots without rear alleys.
(s)
1 visitor parking space required for every 2 townhomes (no unit shall be further than
112 (6)
I I8(6)
minimum of 2 -car garages allowed), with 2 spaces in driveway; right-of-way can be
Dwelling
1
1.5
2.1
3
3.8
4.6
5.2
6.2
9.6
10.8
12.1
18
Na
units/acre(sq.
ft.)
Building
35
35
35
35
35
35
35
35
35
35
35
350)
35
Height (feet)
Building
2.5
2.5
2.5
2.5
2.5
2.5
2.5
2.5
2.5
2.5
2.5
2.5(()
2.5
Height
(stories)
(0
A building in the CBD may be erected to a height of eighty (80) feet and eight (8)
stories if set back from all required yard lines a distance of one (1) foot for each
additional foot above thirty-five (35) feet.
(r)
Fifty feet (50'-0") when abutting any Single-family Residential District.
(r)
Minimum side yards apply except where located across a public street from a front
yard where the front yard setback shall also apply to the side yard.
(4)
Side or rear entry garage access is required unless the front of the garage is twenty
feet (20'-0") or more behind the front or side building setback line.
(6)
No required parking shall be allowed within the required front yard.
(6)
No portion of any structure within 100 feet of any single-family residential district or
any front property line shall be more than two stories in height.
'
(r)
Minimum lot width of 65'-0" required for lots without rear alleys.
(s)
1 visitor parking space required for every 2 townhomes (no unit shall be further than
100' from a visitor space), in addition to a minimum of 2 garage spaces (only a
minimum of 2 -car garages allowed), with 2 spaces in driveway; right-of-way can be
40 feet, paving 28 feet back to back, roll down curbs allowed with a 10-fom utility
easement required in front yards if there is no alley access; if right-of-way is 40 feet
and there is alley access, a 5 -foot utility easement is required in front yard.
SECTION 3. The Allen Land Development Code, Section 6.06 "Supplemental Use Regulations" shall be
amended by replacing the phrase "Section 6.06.10" wherever it appears with the phrase "Section 6.06.11."
SECTION 4. The Allen Land Development Code, Article VI "Special Zoning Provision" shall be amended
by adding a new Section 6.06.11 tided "Solar Panels" to read as follows:
Sec. 6.06.11. - Solar Panels
An applicant's submittal for a building permit, and electrical permit, for locating a solar panel within
the city must demonstrate compliance with the following standards.
Location and Design Requirements.
' i. Solar panel systems shall be allowed as an accessory use in all zoning districts.
ii. Solar panel systems are allowed only as a rooftop installation.
Ordinance No. 312511-12, Page 3
iii. Solar panel systems installed on a residential property shall not directly face any
' public street regardless of screening.
iv. Solar panel systems shall not be located within the front yard.
V. Height.
a. The solar panels shall not exceed the height of the roof ridgeline on a
pitched roof.
b. On a flat roof, the solar panels shall not exceed the height requirement
for the zoning district for which it is located in, and shall be screened as
rooftop mechanical from the public right way as required by this Code.
vi. Roof coverage.
a. Roof mounted solar panel systems shall not extend past the roofline and
shall be parallel to the mofline.
b. Solar panel systems shall be located no closer than two (2) feet from the
edge of any roofline, ridge or valley, and shall cover no more than 80%
of the roof surface area.
b. Nuisance abatement, maintenance and decommissioning.
t i. Glare. A solar panel shall be designed and located to avoid glare or reflection
onto adjacent properties and adjacent roadways and shall not interfere with traffic
or create a safety hazard. If necessary, screening, capable of providing year-
round screening, shall be provided to protect roadways or adjacent properties
from glare.
ii. Enforcement. A solar panel system, or any component thereof, that creates glare
or reflection onto adjacent properties or roadways is determined to constitute a
nuisance. If a solar panel system or any component thereof is deemed to
constitute a nuisance or a safety hazard, the Director of Community Development
has the authority to require the owner to remove, redesign or screening of the
solar panels to the extent necessary to eliminate the glare onto adjacent property
or roadway.
iii. Maintenance. The owner of the property with a solar panel system shall maintain
the system so that it does not create a safety issue for surrounding property
owners.
iv. Removal with Disuse. Any solar panel system that has been inactive for a
continuous 12 month period shall be removed.
C. Application requirements. An application for a building permit for installation of solar
panel systems must include all information requested on the application including, but
' limited to:
i. Scaled elevation drawings showing the location and height of the solar panel
system.
Ordinance No. 3125-11-12, Page 4
ii. If the solar panel system is to be interconnected with the distribution system of
' the electric utility provider, written authorization that the public utility company
has been informed of the owner's intent to install a customer -owned solar panel
and that such connection has been approved.
iii. A letter from a Professional Engineer stating the roof will support the structural
load of the system.
d. Additional Installation Requirements.
i. The solar photovoltaic (PV) system shall comply with Article 690 of the 2011
National Electric Code (NEC) with an electrical diagram submitted for review to
meet code compliance.
ii. The solar panel system shall be installed by qualified or certified installers.
iii. A licensed electrician shall install the solar panel electrical system.
iv. PV systems shall comply with NEC 110.3 (B) Installation and use. Listed and
labeled equipment shall be installed and used in accordance with any instructions
included in the listing and labeling.
V. All PV systems shall comply with UL Standard 1703.
vi. Upon completion of the PV system installation, a letter that the system has been
installed to all NEC and applicable codes, standards and UL requirements shall
be delivered to the City.
SECTION 5. The Allen Land Development Code, Section 7.03.4 "Outdoor Lighting" shall be amended in
its entirety to read as follows:
Sec. 7.03.4. - Outdoor lighting.
1. Approval authority. The chief building official shall approve lighting of all private facilities,
to include, but no limited to, private parking lots, and buildings.
2. Definitions.
a. Outdoor light fatures shall mean outdoor artificial illuminating devices, installed or
portable, used for floodlighting, general illumination, or advertisement. Such devices
shall include, but are not limited to, search, spot, flood, and area lighting for:
i. Buildings and structures;
ii. Recreational facilities;
iii. Parking areas;
iv. Landscape lighting;
V. Outdoor advertising displays, billboards, signs;
vi. Public and private street lighting; and
' vii. Walkway lighting.
b. Fully shielded shall mean outdoor light fixtures shielded or constructed so that all
light rays emitted by the fixture are projected below the horizontal plane passing
Ordinance No. 3125-11-12, Page 5
through the lowest point on the fixture from which light is emitted, nearly 100
' percent cut-off type, as evidenced by the manufacturer's photometric data.
C. Partially shielded shall mean shielding so that the lower edge of the shield is at, or
below, the centerline of the light source or lamp so as to minimize the light
transmission above the horizontal plane, or at least 90 percent of the emitted light
projects below the horizontal plane as evidenced by the manufacturer's photometric
data.
d. Unshielded shall mean fixtures lacking any means no restrict the emitted light to
below the horizontal plane.
3. General standards.
a. Shielding shall be required in all installations except as specified herein.
b. Outdoor advertising displays, billboards, and signs, not exclusively illuminated
internally, may only utilize illuminating devices mounted on the top of the
advertising display structure. All such fixtures shall comply with all other provisions
of this section.
C. Architecturally decorative light futures. Shielding requirements may be reduced in
consideration for the aesthetics and theme style lighting.
d. Glare. Exterior lights shall be constructed in a manner consistent with the property
' maintenance code requirements (see property maintenance code section 6-85(e),
Glare) and shall be located so as to not produce direct illumination across the
bounding property line. All outside lights shall be made up of a light source and
reflector so selected that acting together the light beam is controlled and not directed
across any bounding property line above a height of three feet.
e. Outdoor advertising signs constructed of translucent materials and wholly illuminated
from within do not require shielding.
f. Light fixtures mounted on canopies or service islands (e.g. at fueling stations) shall
be recessed so that the lens cover is recessed or flush with the bottom surface
(ceiling) of the canopy.
g. The allowable light sources and the requirements for shielding light emissions for
outdoor light fixtures shall be as set forth in the following table:
Lamp Type
Requirements
High pressure sodium
Fully shielded
Metal halide
Fully shielded
Memory vapor (color corrected only)
Fully shielded
Fluorescent
Fully shielded
Incandescent (over 150 watts per fixture)
Prohibited
Incandescent under 150 watts per fixture)
Partially or fully shielded
Ordinance No. 3125-11-12, Page 6
4.
Any light source 50 watts and under
Unshielded permitted
Low intensity neon, or krypton, or argon discharge tubes
Unshielded permitted
Light Emitting Diode(LED)
Fully Shielded
b. Off-site advertising displays and billboards or signs may be operated from dusk to 11:00
25 feet
4.
Hours of operation.
Mounting Height
a. Outdoor sales and eating areas, on-site advertising, assembly areas, repair areas, and
14 feet
businesses may he operated during the hours that the facilities are open to the public;
20 feet
b. Off-site advertising displays and billboards or signs may be operated from dusk to 11:00
25 feet
p.m. only; unless fully shielded and pointed downward.
C. Recreational and sporting areas may operate from dusk to 11:00 p.m., except to conclude
a specific recreational or sporting event or similar activity which was in progress prior to
11:00 P.M.
5.
Nonresidential walkway lighting.
a. The mounting height of luminary fixtures shall not exceed 12 feet.
b. Pole and wall -mounted fixtures mounted above eight feet shall be fully shielded.
6.
Nonresidential accent lighting.
a. Lighting may be used to highlight landscape elements, building entries or other important
'
architectural elements, and site elements such as opaque signage, fountains and
sculptures.
b. Lighting shall be concealed or otherwise positioned in such a manner that the light source
cannot be seen from any property line of the site on which the light is located.
7.
Nonresidential security lighting.
a. Pole and wall -mounted fixtures mounted six feet or more above surrounding grade shall
be fully shielded.
b. If a rear yard security light is mounted higher than ten feet, it shall be placed at the
property line and directed away from adjacent properties.
8.
Parking lot and loading area lighting.
a. The mounting height of luminary fixtures shall not exceed the following:
1
Maximum Luminary
Parking Area
Mounting Height
0 to 50 parking spaces
14 feet
51 to 200 parking spaces
20 feet
201 or greater parking spaces
25 feet
Ordinance No. 312511-12, Page 7
b. Standards, poles and fixture housings shall be of a single color, compatible with the
' architecture of the building.
C. Minimum pole standards shall be square, straight steel painted dark bronze with an
anchor base except as may be otherwise approved by the commission.
d. Luminaire type shall be TXU Electric standard rectangular metal with high pressure
sodium lamps. All electric utility service facilities shall be underground.
e. All lighting fixtures shall be fully shielded.
9. Prohibitions.
a. Laser source light and strobe lights and similar high intensity light sources for
advertising or entertainment shall not be projected above the horizontal plane, unless
a permit is obtained for specific events and time frames.
b. Searchlights are not permitted (see Section 7.09, Sign Control).
C. Inoperative and obsolete lighting fixtures may not be modified, replaced, or upgraded
without complying with this section.
d. Low-pressure sodium lamps are prohibited
10. Exemptions.
' a. Permanent exemptions:
Navigation and airport lighting required for the safe operation of boats and
airplanes;
ii. Emergency lighting by police, fire, and rescue authorities;
iii. Gas lighting.
Temporary exemptions:
The chief building official or his designee may approve temporary
exemptions from the requirements of this section provided that the duration
of the approval shall be for not more than 30 days from the date of approval.
No outdoor light fixtures shall be exempt from the requirements of this
section for more than 90 days during any 12 -month period.
Requests for renewal of exemptions shall be processed in the same way as
the original request.
SECTION 6. The Allen Land Development Code, Paragraph a. of Section 7.07 "Fences and Walls,"
Subsection 1 "Height of Fence of Wall" shall be amended to read as follows:
a. Any living plant screen erected or placed in the front yard shall not exceed four feet
in height above the adjacent grade. No fences, walls, structures or buildings shall be
allowed in the front yard except fences or walls less than 36 inches in height as part
Ordinance No. 3125-11-12, Page 8
Ordinance No. 3125-11-12, Page 9
of an unenclosed front porch or uncovered patio and in accordance with Section
'
SECTION 7.
4.15.1.
The Allen Land Development Code Section 8.05.1 "Street Design Standards," subsection 7
"Driveway Cuts" shall be amended to read as follows:
7. Driveway Cuts
a.
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.
b.
Driveway cuts shall be located as to provide spacing of at least ten feet for adjacent
single-family and two-family uses and at least 20 feet for all other uses, as measured
from driveway edge to the edge of the property line. The Director of Engineering
may approve spacing less than stated above. Shared residential driveways are
prohibited.
C.
No property shall have more than two driveway cuts onto any facing street. Separate
driveways located on the same property shall be no closer than 35 feet from each
other, measured from driveway edge to driveway edge. No driveway cut shall be
located closer than 20 feet from an intersection, measured from the ends of the curb
radius returns.
d.
No curb cut shall be permitted for any property with garage access from a rear alley,
'
except curb cuts that:
L create a circular drive in the front yard utilizing two separate curb cuts;
ii. comply with the separation requirements set forth in paragraph c., above; and
iii. provide for no garage access through the front yard.
e.
No residential property shall be allowed curb cuts on two different public streets.
f.
No alley access driveway shall be permitted for any property with existing garage
access to the front or side yard.
g.
Store inlet structures shall have a minimum of ten -foot clearance from the end of
driveway radius.
h.
All driveway cuts requiring curb removal shall be full depth saw -cut.
i.
Curb removal and driveway construction within any public right-of-way shall require
the written approval of the Director of Engineering.
j.
Once a curb abutting a thoroughfare has been saw -cut and removed, the contractor
must replace the concrete with a new pour (i.e. driveway) within 14 calendar days of
completion of the removal of the curb. A penalty will be assessed at $500.00 per day
'
for each calendar day in excess of 14 calendar days. Payment shall be made prior to
acceptance or issuance of a certificate of occupancy.
Ordinance No. 3125-11-12, Page 9
SECTTON 8. The Allen Land Development Code Section 8.11 "Street Lights" shall be amended in its
' entirely to read as follows:
Sec. 8.11. Street lights.
The City requires street lighting to improve the safety and usability of all roadways. The following
requirements are to establish the minimum standards regarding the design and installation of street
lighting, but should be wnsidered flexible. Modifications to the standards will be considered by the
director of engineering if the modifications incorporate new safety designs, achieve desired aesthetic
treatment, or are shown to be more energy efficient. All new street light installations shall meet the
approval of the director of engineering and may be reviewed by the Allen Police Department.
1. Thoroughfare street lights. This section applies to all streets identified on the City of Allen
Thoroughfare Plan as arterials or divided collectors. Thoroughfare street light elements shall
become the property of the City of Allen upon final acceptance of the subdivision or project.
The elements (from the light sources to the meter) include all items necessary to provide such
illumination. Thoroughfare street lighting shall conform to the following requirements:
a. All thoroughfare lighting poles shall have the following attributes:
i. Thirty -fort height.
ii. Installation location shall be in the median.
iii. Dual fixtures installed, if located in the median. Single fixtures are
' acceptable in situations that require parkway installation or the median width
makes the installation of dual fixtures impractical.
iv. Capable of withstanding a 100 mph wind, with 30 percent gust factor.
V. Mounted on a cast -in-place pole -base, as illustrated in the Engineering
Standard Details, using a 14 -inch bolt pattern for the anchor bolts.
vi. Powder -orated medium bronze, T' x 7", and straight (for shoebox fixtures).
Galvanized finish, round, and tapered (for cobra -head fixtures).
vii. Square, steel base cover, powder -coated or galvanized to match the finish of
the pole.
b. All thoroughfare fixtures shall have the following attributes:
i. High pressure sodium (HPS) lamps, 250 watt.
ii. The use of cm -off optics is required to achieve a fully shielded (as defined in
articles of this code) light source. This requirement shall not be modified.
iii. Photometrics that minimize light pollution onto private property (at the ROW
line) and provide an average intensity of one footcandle within the right-of-
way. In the case of parkway installed lighting, forward -throw photometrics
will be required. A photometric plan, signed and sealed by a licensed
professional engineer, is required and shall be submitted to the engineering
department for review.
Ordinance No. 312511-12, Page 10
iv.
For shoebox installation, the fixture shall be powder -coated medium bronze
'
and shall be GE Decashield 400 or equivalent.
V.
In the case of cobra -head installation, finish shall be white or grey and shall
be GE M -250A2 or equivalent.
d. Service and circuitry:
i.
Power to the street lighting system in the City of Allen can come from a
variety of utility providers (TXU, CoServ, GCEC, etc.). Regardless of utility
provider, the service line must be separated by the primary feed by an
electric meter. The City of Allen will make application for service once a
permit has been requested, an address assigned, and the meter pedestal has
been installed.
ii.
Circuit voltage shall be 480V, to maximize the number of lights per circuit.
Designer shall confirm with local utility provider for availability.
iii.
Main line conduit shall be located no closer than three feet behind the median
curb. Placement in the center of the median should also be avoided, in the
event landscaping and trees are installed.
iv.
Pull boxes shall be located at every change in conduit direction greater than
45 degrees and shall be spaced at even intervals with consideration given to
pull distances for specified wire gage. All pull boxes shall be located behind
the radius point of median noses. All pull -box lids shall read "CITY OF
'
ALLEN LIGHTING."
V.
The meter pedestal may either be stand-alone or mounted to the controller
cabinet for the street lighting system. Consult with utility company for height
and mounting requirements for the meter socket.
vi.
All service transformers and wiring must be within the pole or underground.
vii.
The control panel and all secondary service connections shall be fully
enclosed in a vandal -proof controller cabinet (i.e. no Kindorff racks, where
the components are exposed to the elements, will be permitted, in
consideration of aesthetics and security). The controller cabinet shall have
the following attributes:
(1) Illustrated on the construction drawings by a line diagram, signed
and sealed by a licensed professional electrical engineer.
(2) Utilize a master photocell controller and relay -switch override.
(3) NEMA 3R enclosure, with drip edge and hinged door with lock.
Lock shall match City of Allen standard key pattern.
(4) Mounted on an appropriate reinforced, concrete pad.
'
(5) If TXU is the provider, the enclosure must include a TXU-provided
trans -socket The trans -socket must remain intact when
installed/integrated into the enclosure.
Ordinance No. 312511-12, Page 11
' (6) The controller cabinet must be powder -coated green.
2. Residential street lights. This section applies to all streets identified on the City of Allen
Thoroughfare Plan as undivided collectors or local streets. Residential streetlight elements
shall become the property of the City of Allen upon final acceptance of the subdivision or
project. The elements (from the light sources to the disconnect device) include all items
necessary to provide such illumination. Residential street lighting shall contemn to the
following requirements:
a. Street lights are required at all intersections, in cul-de-sacs, major street curves, and
in other locations determined by the director of engineering. Developers shall furnish
satisfactory easements for the installation of services to street lights, normally 10 feet
in width.
b. Residential lighting shall utilize the "Shoebox" style fixture. Homeowners'
associations may enter into agreements with the City of Allen to install, maintain, and
replace residential street lights that differ aesthetically from what is required in the
section.
C. All residential lighting poles shall have the following attributes (unless approved in
writing by the director of engineering):
i. Height and spacing are based on pavement widths and are prescribed below.
' ii. Single -fixture mounting.
iii. Capable of withstanding a 100 mph wind, with 30 percent gust factor.
iv. Mounted on a cast -in-place pole -base, as illustrated in Engineering Standard
Detail, SD -P59, using a 14 -inch bolt pattern for the anchor bolts.
V. Powder -coated medium bronze, 5" x 5", and straight (i.e. not tapered).
vi. Square, steel base cover, powder -coated to match the finish of the pole.
d. All residential fixtures shall have the following attributes (unless approved in writing
by the Director of Engineering):
i. High pressure sodium (HPS) lamp intensity is based off pavement width as
prescribed below.
ii. The use of cutoff optics is required to achieve a fully shielded (as defined in
articles of this code) light source. This requirement shall not be modified.
iii. Forward -throw photometrics should be considered to reduce light pollution
onto private lots or property. A photometric plan, signed and sealed by a
licensed professional engineer, is required when the street lighting plan is
' submitted for engineering department review.
iv. For shoebox installation, the fixture shall be powder -coated medium bronze
and shall be GE Decashield or equivalent.
Ordinance No. 3125-11-12, Page 12
e. Service and circuitry
' i. Power to the street lighting system will come from the electric utility
provider for the subdivision. Regardless of utility provider, the service line
should come from the nearest electric transfortner and be isolated by a
disconnect switch or in-line barrel fuse located at the base of the pole (in the
hand -hole). Secondary service lines shall be contained within a 10 -foot utility
easement (UE) illustrated on the plat. All service lines shall be underground.
The director of engineering may require that residential street lights be on
metered circuit similar to the thoroughfare street lighting.
ii. Circuit voltage shall be 120/240V. Designer shall confirm with local utility
provider for availability.
iii. A photocell is required at the top of the pole.
f. Developer cost:
i. All residential street lighting shall be installed at the sole expense of the
developer. Developers shall also escrow an amount with the City of Allen
Engineering Department, which is estimated to be equal to the first two years
(24 months) power consumption cost. The amount to be escrowed shall be
determined by the following formula:
EA=24xMxF
' Where: EA = Escrow, amount.
M — Monthly charge per fixture (as determined by the Director
of Engineering).
F =Number of light fixtures
Residential Street Lighting Requirement Table
Street Type,
Paving Width
(feet)
Light
Source
Nominal Lamp
Sim (Watts)
Mounting
Height(feet)
Typical
Spacing(fcet)
Minimum
Spacing(feet)
<32
HPS
100
20
250
200
32 to 43
HPS
150
20
250
200
44 Undivided
HPS
150
30
350
300
SECTION 9. The Allen Land Development Code, Appendix A "Definitions" shall be amended as follows:
A. The definition "Assisted Living Center" is hereby deleted.
B. The definition of "Veterinary Hospital or Clinic" in amended to read as follows:
Veterinary hospital or clinic means a place for the care, grooming, diagnosis and
treatment of sick, ailing, infirm or injured animals, which may include indoor boarding of
' animals incidental to the principal use.
C. A new definition of the phrase "Solar Panel System" is added and shall read as follows:
Ordinance No. 3125-11-12, Page 13
Solar Panel System means a combination of equipment and/or controls, accessories,
interconnecting means and terminal elements for the collection, storage and distribution
of solar energy. Solar Panel Systems do not include individually powered outdoor solar
lights, such as garden lights, accent lights, security lights, or flood lights.
SECTION 10. The various sections, subsections, and paragraphs of the Allen Land Development Code listed
below shall be amended as follows:
A. Subsection 3 of Section 1.08 "Certificated of Occupancy and Compliance" is amended to
read as follows:
3. Fees adopted by resolution. Fees for certificates of occupancy shall be adopted by
resolution of the city council.
B. Subsection 1 of Section 2.03.3 "Procedure for Variance by Sign Control Board' is amended
by amending the first sentence to read as follows:
An application for a variance to the sign regulations regarding height, area, or bulk shall be
on a form provided by the city and shall be accompanied by the required fee.
C. Subsection 10 of Section 3.03 "Amendments to the International Fire Code, 2009 edition' is
amended to read as follows:
10. Sections 105.8 and Sections 105.8.1 through 105.8.3 of the International Fre Code, 2009
edition, are amended to read as follows:
' 105.8 Permit Fees. Fees for each permit required, other regulatory storage/handling,
equipment use or process shall be charged to perform necessary plan reviews and
field inspections.
105.8.1 Construction Permit Fees. Permit fees for all new installation of, or
modification to, automatic fire extinguishing systems, automatic detection systems,
or automatic fire command and control systems shall be as shown in Table 105.8.1 in
the fee schedule adopted by resolution of the city council.
105.8.2 Other permit fees. Permit fees for all other regulatory storage/handling,
equipment use or process, are as shown in table 105.8.2 in the fee schedule adopted
by resolution of the city council.
105.8.3 ConstructionlPermit Re -Inspection Fees/After Hours Inspection Fees. In the
event the first inspection or subsequent re -inspections on any permitted work fails to
comply with this code or after-hours inspections are requested, fees as shown in
Table 105.8.3 in the fee schedule adopted by resolution of the city council, will be
incurred by the permit holder. After-hours inspection requests must be received at
least three business days in advance of requested inspection and be approved prior to
inspector assignment. All after-hours inspection requests are subject to inspector
availability. All fees must be paid prior to scheduling any re -inspections or after-
hours inspections.
' D. Subsection I 1 of Section 3.03 "Amendments to the International Fire Code, 2009 edition' is
amended to read as follows:
Ordinance No. 3125-11-12, Page 14
1 I. Section 106.2 of the International Fire Code, 2009 edition, is amended by the addition of
' the following:
106.2.3 Inspection of existing premises. The Fire Chief, or designated representative,
shall inspect all buildings, premises, or portion thereof as often as may be necessary.
An initial inspection and one (1) re -inspection shall be made free of charge. If the
Fire Chief or his designee is required to make follow-up inspections after the initial
inspection and re -inspection to determine whether a violation or violations observed
during the previous inspection have been corrected, a fee shall be charged. The
occupant, lessee, or person making use of the building or premises shall pay said fee
or fees within thirty (30) days of being billed as a condition to continue lawful
occupancy of the building or premises.
Fees for follow-up inspections after initial and re -inspection shall be as set forth in
the fee schedule as adopted by resolution of the city council.
Recurring violations from year to year will result in issuance of a citation and shall
not be restricted to the inspection and re -inspection procedure as indicated in this
Section.
E. Section 4.06 "Changes and Amendments," Subsection 1 "Application" is amended to read as
follows:
1. Application. Each application for zoning or for an amendment or change to
the existing provisions of this Code shall be made in writing on an application form
' available from the city and shall be accompanied by payment of the fees required in
the fee schedule adopted by resolution of the city council.
F. Section 7.06.4 `Replacement of Trees," Subsection 2 is amended by amending Paragraph c.
to read as follows:
C. The owner may elect to defer the planting of the required replacement trees
through the escrow of funds to cover the city's cost of planting the replacement trees
at a later time based on the cost per caliper inch for planting a tree with a one-year
replacement guarantee as established in the fee schedule adopted by resolution of the
city council.
G. Section 8.04 "Permits Required," Subsection 4 "Permit Fees" is amended to read as follows:
4. Permit fees. No clearing and grading, development or tree removal permit
shall be issued until all allocable fees specified in the fee schedule adopted by
resolution of the city council have been paid.
SECTION 11. The Allen Land Development Code Appendix B "Filing Fees and Charges" shall be amended
to read in its entirety as follows:
Appendix B - FILING FEES AND CHARGES
' SCHEDULE A. OTHER CHARGES
1. Street escrow fees. Various streets throughout the community are substandard and
may require reconstruction or street escrow fees as part of the development. Refer to
engineering department.
Ordinance No. 3125-11-12, Page 15
' 2. Facilities agreements. Various portions of the community are subject to facility
agreements. Refer to engineering department.
3. Pro rata fees. The city has set up various pro rata districts throughout the city for
water, sewer and drainage improvements. They vary within the city. Refer to engineering
department.
4. Impact fees for water, sewer, roadway. For impact fees for water, sewer, roadway,
see Article XI of this Code.
5. Streetlight power fee. The first two years of estimated power usage; fee varies
depending on type of light and fixture. Refer to engineering department.
6. Wall maimenancefee. $10.00 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.
7. Cash sidewalk bond The cash sidewalk bond shall be $1.75 per square foot for 25
percent of the estimated square feet of four -foot sidewalk in the subdivision.
8. Traffic signs fee. The developer is charged the cost of installation of required traffic,
signs, including, but not limited to, regulatory signs, street signs, posts, etc. Costs vary.
Refer to engineering department.
' 9. Inspection fees. Inspection fees shall be 3.2 percent of the construction costs for
public infrastructure (water, sewer, streets, and storm sewer).
10. Replacement tree in lieu of planting. The fee for a replacement tree in lieu of
planting shall be $200.00 per caliper inch.
SCHEDULE B. PRO RATA COLLECTION CHARGES
1. The applicant for connection to an existing water or wastewater main or line
within the city will be required to pay a pro rata charge based on the number of linear
feet of the lot or tract, if unplatted, that fronts or abuts the main line as set forth
below:
8 -Inch Water Line
10 -Inch Water Line
12 -Inch Water Line
$30.00 per linear foot
$43.50 per linear foot
$57.00 per linear foot
8 -Inch Sanitary Sewer
10 -Inch Sanitary Sewer
12 -Inch Sanitary Sewer
$32.00 per linear foot
543.50 per linear foot
$55.00 per linear foot
The pro -rata charges set forth above reflect the total participation (per LF) by the
applicant/developer. If the subject development/property abuts only one side of an
existing water or wastewater main or line and the development1property on the other
' side of said main or line will potentially benefit from the subject utility, then the
required pro -ram payment shall be one-half the totals required to be paid herein.
Ordinance No. 3125-11-12, Page 16
I
2. The developer who enters into an agreement with the city for reimbursement
for the extension of a water or wastewater line shall be reimbursed the actual costs of
such construction from the collection of pro rata charges set forth above.
SECTION 12. In the event of an irreconcilable conflict between the provisions of another previously
adopted ordinance of the City of Allen and the provisions of this Ordinance, the provisions of this Ordinance
shall be controlling
SECTION 13. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect
the validity of the remaining portions of said ordinance, or the Allen Land Development Code, as amended
hereby, which shall remain in full force and effect.
SECTION 14. An offense committed before the effective date of this Ordinance is governed by prior law and
the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed and
the former law is continued in effect for this purpose.
SECTION 15. Any person, firm or corporation violating any of the provisions or terns of this Ordinance shall
be subject to the same penalty as provided for in the Allen Land Development Code, as amended, and upon
conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense,
and each and every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 16. This Ordinance shall take effect immediately from and after its passage and publication in
accordance with its provisions of the Charter of the City of Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 27TH DAY OF NOVEMBER, 2012.
APPROVED AS TO FORM:
Peter G. Smith, CITY ATTORNEY
(kbl:11/15/12:58232)
APPROVED:
Step a Terrell, MAYOR
ATTEST:
Shelley B. Gea e, TRMC, C SECRETARY
Ordinance No. 3125-11-12, Page 17