03-05 - O5361 000464
TOWN OF PROSPER, TEXAS ORDINANCE NO. 03-05
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS REPEALING PROSPER'S SUBDIVISION ORDINANCE NO. 85-26
AND ADOPTING A NEW SUBDIVISION ORDINANCE DEFINING THE
GENERAL RULES AND REGULATIONS GOVERNING PLATS AND THE
SUBDIVISION OF LANDS FOR THE PURPOSE OF PROVIDING SAFE,
ORDERLY AND HEALTHFUL DEVELOPMENT WITHIN THE TOWN AND
ITS EXTRATERRITORIAL JURISDICTION AND TO PROMOTE THE
HEALTH, SAFETY, MORALS AND WELFARE OF THE TOWN; SETTING
FORTH GENERAL PROVISIONS; DEFINING TERMS; ESTABLISHING
PROCEDURES FOR PRELIMINARY PLATS AND PLATS; PROVIDING
GENERAL REQUIREMENTS, DESIGN STANDARDS AND
SPECIFICATIONS; SETTING FORTH RESPONSIBILITY FOR PAYMENT;
REQUIRING IMPROVEMENTS, DEDICATIONS AND FEES; PROVIDING
APPEAL PROCEDURES; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR SAVINGS,
REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has
investigated and determined that it would be advantageous and beneficial to the citizens of the
Town of Prosper, Texas ("Prosper" or "Town") to repeal Prosper's Subdivision Ordinance No.
85-26, and all amendments thereto for the purpose of adopting a new subdivision ordinance as
set forth herein to apply in the Town and its Extraterritorial Jurisdiction ("ETJ"); and
WHEREAS, the natural creeks existing in Prosper cannot be reclaimed or reconstructed if
altered or destroyed by development of the surrounding land; and
WHEREAS, Prosper finds it will be beneficial to the community and the environment to
preserve existing creeks before they are damaged or destroyed and create usable open spaces
around them; and
WHEREAS, Prosper finds a necessity to regulate flood hazards to protect the public
health and safety; and
WHEREAS, the platting requirements and development standards set forth herein are
necessary to promote orderly growth and subdivision of land and reasonably regulate
development within the Town;
WHEREAS, the Town is experiencing growth, which is anticipated to continue; and
ORDINANCE REPEALING SUBDIVISION ORDINANCE NO.85-26 AND ADOPTING NEW
SUBDIVISION ORDINANCE — Page I
5361 000465
WHEREAS, Prosper is in need of neighborhood, community, regional, linear, greenbelt
and central parks due to population increases from residential development which creates a
demand for various sized parks with a variety of uses; and
WHEREAS, requiring a park dedication or cash in lieu of land and park development
fees will enable Prosper to meet the legitimate recreational needs of the Town and its citizens, by
helping enable the Town to meet the legitimate needs for additional park, playground and
recreational space throughout the Town; and
WHEREAS, the Town Council finds that this ordinance ("Ordinance") is substantially
related to the health, safety, morals and welfare of its citizens and is reasonable; and
WHEREAS, Prosper has complied with all notices and public hearings as required by
law; and
WHEREAS, the Town Council finds that it will be advantageous and beneficial to the
citizens of Prosper, and promote the health safety, morals and general welfare of the Town, to
adopt the new subdivision ordinance set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: Findings. The findings set forth above are incorporated into the body of
this Ordinance as if fully set forth herein.
SECTION 2: Repeal of Prosper's Subdivision Ordinance No. 85-26. Prosper's
Subdivision Ordinance No. 85-26, and all amendments thereto, is hereby repealed. Such repeal
shall not abate any pending prosecution for violation of the repealed Ordinance No. 85-26, nor
shall the repeal prevent prosecution from being commenced for any violation if occurring prior to
the repeal of Ordinance No. 85-26.
SECTION 3: Adoption of New Subdivision Ordinance. The subdivision regulations
attached hereto as Exhibit "A" and incorporated as if fully set forth herein are adopted as
Prosper's Subdivision Ordinance to apply in the Town and its ETJ.
SECTION 4: Penal . Any person, firm, corporation or business entity violating this
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a
sum not exceeding TWO THOUSAND AND NO/100 DOLLARS (S2,000.00). Each continuing
day's violation under this Ordinance shall constitute a separate offense. The penal provisions
imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation.
Prosper retains all legal rights and remedies available to it pursuant to local, state and federal
law.
SECTION 5: Savings/Repealing Clause. All ordinances of Prosper shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
ORDINANCE REPEALING SUBDIVISION ORDINANCE NO.85-26 AND ADOPTING NEW
SUBDIVISION ORDINANCE — Page 2
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5361 000466
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if
occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall
remain in full force and effect.
SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase
of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it
is expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by law.
DULY PASSED AND APPROVED BY THE TO COUNCIL OF THE TOWN OF
PROSPER, TEXAS ON THIS DAY OF K,Q/' , 2003.
pE_ .PRO
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A E ' � �' T • .�C1L'V L
;C I,,Y RECORDED BY:
E .
AMBER PHILLIPS
Town Secretary
1/ES DUNMIRE, MAYOR
DATE OF PUBLICATION: Fe& upf u .2 � , p�� 3 , McKinney Courier Gazette.
ORDINANCE REPEALING SUBDIVISION ORDINANCE NO.85-26 AND ADOPTING NEW
SUBDIVISION ORDINANCE — Page 3
5361 000467
TOWN OF PROSPER
SUBDIVISION ORDINANCE
TABLE OF CONTENTS
PAGE NUMBER
1.
Authority.....................................................................................................................1
2.
Purpose......................................................................................................................4
3.
Definitions..................................................................................................................4
4.
Special Provisions......................................................................................................8
5.
Variances...................................................................................................................9
6.
Preliminary Conference.............................................................................................10
7.
Preliminary Plat and Accompanying Data.................................................................10
8.
Final Plat....................................................................................................................13
9.
Guarantee of Performance.......................................................................................15
10.
Design Standards and Specifications........................................................................17
11.
Responsibility for Payment of Installation Costs.......................................................41
12.
Flood Hazard Areas...................................................................................................42
13.
Parks and Other Public Uses....................................................................................46
14.
Major Creeks..............................................................................................................56
15.
Where Subdivision is Unit of Larger Tract.................................................................59
16.
Authority of the Planning and Zoning Commission
..................................................60
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Subdivision Ordinance - Town of Prosper, TX
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AUTHORITY
These regulations shall be known and may be cited as the "Subdivision Ordinance" of the
Town of Prosper, Texas.
1.1. General
These regulations shall govern every person, firm, association or corporation owning any
tract of land within the Town Limits of the Town of Prosper and the Extraterritorial
Jurisdiction ("ETJ") who may hereafter divide the same into two or more parts for the
purpose of laying out any subdivision of any tract of land or any addition to said Town, or for
laying out suburban lots or building lots, or any lots, streets, alleys, parks or other portions
intended for public use, or the use of purchasers or owners of lots fronting thereon or
adjacent thereto.
1.2. Authority
These regulations are adopted under the authority granted by the laws of the State of
Texas, including V.T.C.A., Local Government Code § 212.001 et seq., Regulation of
Subdivisions, and V.T.C.A., Local Government Code § 42.001 et seq., Extraterritorial
Jurisdiction of Municipalities.
1.3. Jurisdiction
Any owner of land located inside the Corporate Limits of the Town of Prosper or within its
Extraterritorial Jurisdiction wishing to subdivide such land shall submit to the Town Council,
or its designee, a plan of the subdivision which shall conform to the minimum requirements
set forth in these regulations. A division of land which includes the subdivision of tracts into
parts greater than five (5) acres, where each part has access and no Public Improvement is
being dedicated, shall be exempt from these requirements.
Any owner subdividing land outside the Corporate Limits of the Town of Prosper, but within
its Extraterritorial Jurisdiction shall submit a plan of subdivision to the Planning and Zoning
Commission which shall conform to all applicable state statutes, including but not limited to
Chapters 42, 43, 212, and 242 of the Texas Local Government Code and the minimum
requirements set forth in these regulations, and which is subject to the approval of both.
1.4. Intent
The intent of these regulations are, among others:
1.4.1. To ensure that development of land and subdivisions shall be orderly and of such
nature, shape and location that utilization will not impair the general welfare and to
ensure against the dangers of fires, floods, erosion or other such menaces;
1.4.2. To provide proper utilities and services for adequate drainage, water supply, and
disposal of sanitary and industrial waste and to preserve creeks;
1.4.3. To provide streets that ensure safe, convenient and functional systems for vehicular
and pedestrian circulation;
1.4.4. To ensure adequate fire protection and adequate access and egress for fire, police
and other emergency services;
1.4.5. To ensure access to adequate amounts of light and air;
1.4.6. To furnish adequate sites convenient to schools, parks, playgrounds and other
community services, respecting topography and other existing conditions of the land
and that adequate parks and open spaces as a result of the development are
provided; and
1.4.7. To ensure that all subdivisions created and land developments are in keeping with
the overall general welfare of the community.
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Subdivision Ordinance - Town of Prosper, TX
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1.5. Annexation
If the property is not within the Town limits of Prosper and the owner desires that it be
annexed so as to be qualified to receive Town services, when available, and be afforded
zoning protection, the owner must petition the Town for annexation through lawful
annexation proceedings.
1.6. Zoning Required
Inside Town Limits, no plat application shall be accepted for filing or scheduled for
processing unless the application is consistent with the zoning district regulations in which
the property is located, or unless a complete application for consistent zoning is made
simultaneously therewith.
1.7. Certificates
1.7.1. Certification by a registered public surveyor, registered in the State of Texas, to the
effect that the plat represents a survey made by him or under his direct supervision
and that all the monuments shown thereon actually exist, and that their location, size
and material are correctly shown.
1.7.2. A certificate of ownership and dedication, of a form approved by the Town Attorney,
of all streets, alleys, parks, open spaces and public ways to public use forever,
signed and acknowledge before a notary public by the owner and any and all lien
holders of the land, and a complete and accurate description of the land subdivided
and dedications made.
1.7.3. A certificate, signed by the Town tax assessor, stating that all taxes and
assessments then due and payable on the land contained within the subdivision
have been paid.
1.8. Approval Required
Unless and until any plat, plan or replat shall have been first approved in the manner
provided by law, it shall be unlawful for any person, firm, corporation, or organization to
construct or cause to be constructed any streets, utilities, buildings or other improvements
to any tract of land; and it shall be unlawful for any official of said Town to issue any permit
of such improvements or to serve or connect said land, or any part thereof, or for the use of
the owners or purchasers of said land, or any part thereof, with any public utilities such as
water, sewers, lights, gas, etc., which may be owned, controlled, distributed, franchised, or
supplied by such Town. No building permits will be issued for the construction of any
building on any unplatted land within the Town of Prosper, however, minor repair permits
may be issued. When additions, alterations, or repairs within any twelve-month period
exceed fifty (50) percent of the value of an existing building or structure on previously
unplatted property, the land upon which the building or structure is located shall be platted
in accordance with the provisions of this Ordinance.
1.9. Complete Application
No application for approval or amendment of a subdivision plat, including without limitation
an application for approval or amendment of a Preliminary Plat, Final Plat, replat, amending
plat, plat vacation or conveyance plat or other approval authorized by these subdivision
regulations, shall be accepted for filing nor shall such application be scheduled for
consideration by the Town or otherwise processed unless the completed application is
accompanied by all documents and fees required by and prepared in accordance with the
requirements of the Town's Zoning Ordinance and this Subdivision Ordinance. The
acceptance or processing by any Town official of an application to approve or amend a
subdivision plat prior to the time a complete application is submitted hereby is deemed to be
null and void and, upon discovery, shall be grounds for denial or revocation of such plat
application. A typographical error shall not constitute an incomplete application. The
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Subdivision Ordinance - Town of Prosper, TX
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applicant will be notified of, and the reasons for, such denial or revocation within fifteen (15)
business days of the official application date.
1.10. Compliance
No person shall create a subdivision of land within the corporate limits of the Town or within
the extraterritorial jurisdiction thereof without complying with the provisions of these
regulations. All plats and subdivisions of any such land shall conform to the rules and
regulations set forth herein. No plat shall be filed or recorded, and no lot in a subdivision
inside the corporate limits of the Town of Prosper or within its extraterritorial jurisdiction shall
be improved or sold, until the plat has been approved by the Town of Prosper.
2. PURPOSE
The purpose of these controls is to provide for the orderly, safe and healthful development
of the area within the Town and within the area surrounding the Town and to promote the
health, safety, morals and general welfare of the community by securing adequate
provisions for transportation, traffic, light, air, recreation, preserving natural features,
drainage, water, sewage and other facilities.
3. DEFINITIONS
3.1 Abutting: Adjacent, joining at a boundary.
3.2 Administrator: That Town employee specifically appointed by the Town Council and
charged with administering the regulations and provisions of this Ordinance.
3.3 Alley: A minor public right-of-way, not intended to provide the primary means of access to
abutting lots, which is used primarily for vehicular service access to the back or sides of
properties otherwise abutting on a street.
3.4 Applicant: The Property Owner or duly designated agent of the Property Owner of land for
which approval of a Final Plat has been requested for residential development.
3.5 Base Flood Plain: The flood having a one percent (1%) chance of being equaled or
exceeded in any given year, based upon a fully developed watershed and the Town's
criteria to accommodate a 100-year storm in a Major Creek.
3.6 Building: Any enclosed residential structure designed or intended for the support,
enclosure, shelter or protection of persons.
3.7 Building Setback Line: The line within a property defining the minimum horizontal distance
between a building and the adjacent street line.
3.8 Commission: The Planning and Zoning Commission of the Town. If there be no
Commission appointed, the Town Council shall have full authority to perform any tasks
designated herein to be performed by the Commission.
3.9 Crosswalk Way: A public right-of-way, six feet or more in width between property lines,
which provides pedestrian circulation.
3.10 Cul-de-sac: A street having but one outlet to another street, and terminated on one
opposite end by a vehicular turn -around.
3.11 Dead -End Street: A street, other than a cul-de-sac, with only one outlet.
3.12 Dwelling: Any building, or portion thereof, designed exclusively for residential occupancy
and containing one (1) or more dwelling units.
3.13 Dwelling Unit: One (1) or more rooms arranged, designed or used as separate living
quarters for an individual family, which contains kitchen facilities (only one (1) per dwelling
unit permitted), including at least a stove or cooking device and permanently installed sink,
plus bathroom facilities.
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Subdivision Ordinance - Town of Prosper, TX
5361 00041
3.14 Easement: Easement shall mean a right granted for the purpose of limited public or semi-
public use across, over or under private land.
3.15 Extraterritorial Jurisdiction: Extraterritorial Jurisdiction shall mean that area of land lying
outside and adjacent to the Corporate Limits of the Town of Prosper over which the Town of
Prosper has legal control as set forth in Chapter 42 of Local Government Code or otherwise.
3.16 Final Plat: Final Plat or Plat is a complete and exact subdivision plan submitted to the Town
for consideration for final approval and which, if approved (approved plat or file plat), will be
submitted to the County Clerk of Collin or Denton County for recording.
3.17 Flood: A temporary rise in stream level that results in inundation of areas not ordinarily
covered by water.
3.18 Floodway: The channel of a watercourse and portions of the adjoining flood plain that are
reasonably required to carry and discharge the regulatory flood.
3.19 Habitat Study: A study in which the main purpose is the identification and protection of
declared, critical habitat for threatened or endangered species and habitat used for nesting
by birds listed in the Migratory Bird Treaty Act (MBTA).
3.20 Key Lot: Key lot shall mean a corner lot that is designed such that the lots located directly
behind it faces the side street of the corner lot and are not separated by an alley.
3.21 Lot: An undivided tract or parcel of land having frontage on a public street and which is, or
in the future may be offered for sale, conveyance, transfer or improvement; which is
designated as a district and separate tract, and which is identified by a tract or lot number or
symbol in a duly approved subdivision plat which has been properly filed for record.
3.22 Major Creek: The Major Creeks are commonly known as Button Branch, Doe Branch,
Gentle Creek, Rutherford Branch and Wilson Creek. Each Major Creek begins at its
headwater (as determined by the Federal Emergency Management Agency (FEMA) and/or
the U.S. Army Corps of Engineers) as is generally depicted on Flood Insurance Rate Maps
that can be obtained from FEMA.
3.23 Park Board: The park and recreation planning board or its successor as appointed by the
Town Council.
3.24 Park Facilities: Land and/or facilities used or to be used as a community, neighborhood or
linear park, regardless of location, including both the acquisition of such land, the
construction of improvements thereon and the expenditure of funds incidental thereto,
including but not necessarily limited to planning, engineering and design of the park and
improvements, utility relocation, provision of improvements, utility relocation, provision of
pedestrian and vehicular access thereto and purchase of equipment, the need for which are
attributable to new residential development.
3.24.1. Community Park shall mean a park of approximately thirty (30) acres, serving an
area two to three miles in diameter. Community parks may typically contain lighted
athletic facilities for more active play purposes, such as ball fields for football,
softball, baseball and soccer, and a recreation center or swimming pool. These
parks may be located adjacent to existing or proposed greenbelt areas and
proposed school sites.
3.24.2. Linear Park shall mean a park or trail to be used primarily for passive recreation
and connecting residential neighborhoods and Park Facilities to one another and
to public facilities and services.
3.24.3. Neighborhood Park shall mean a park of approximately seven and one half (7.5)
to ten (10) acres, serving an area one to two miles in diameter. Neighborhood
parks should be designed to service a specific neighborhood area and may
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Subdivision Ordinance - Town of Prosper, TX
5361 000472
include playground apparatus and other space for active recreational purposes,
along with some areas for passive use. Whenever possible, neighborhood parks
should be located adjacent to existing or proposed greenbelt areas and proposed
school sites.
3.24.4 Town Park shall mean a park of no less than forty (40) acres, serving all residents
of the Town. Town parks will typically serve both passive and active use. Active
use may include lighted athletic facilities for play purposes, such as ball fields for
football, softball, baseball and soccer, and a recreation center or swimming pool.
Passive areas may contain trails, wildflower areas, wetlands, picnic pavilions, and
an amphitheatre. These parks may be located adjacent to existing or proposed
greenbelt areas.
3.25 Park Improvement Program: The adopted plan, as may be amended from time to time,
which identifies those Park Facilities and their costs, for a period of at least five (5) years,
which are to be financed in whole or in part through the imposition of park fees pursuant to
this Ordinance. The plan shall contain only those facilities which are anticipated to be
acquired or developed within the period covered by the plan.
3.26 Parkway: That portion of right-of-way that is between the curb and the right-of-way line.
3.27 Pavement Width: The portion of a street available for vehicle traffic where curbs are laid.
"Pavement width" is the portion between the back of curbs.
3.28 Person: Any individual, association, firm, corporation, governmental agency, or political
subdivision.
3.29 Planned Development: A development provided for by the Zoning Ordinance of Prosper
wherein certain yards, areas and related standards may be varied and a variety of land uses
associated on a tract, the plan of which is subject to approval by the Planning and Zoning
Commission and the Town Council.
3.30 Preliminary Plat: Preliminary Plat shall be any plat of any lot, tract or parcel of land that is
not to be recorded of record, but is only a proposed division of land for review and study by
the Town and used by the Subdivider in development of Final Plat and construction plans
for the property.
3.31 Property: A legally described parcel of land capable of development.
3.32 Property Owner(s): Any person, group of persons, firm or firms, corporation or corporations,
or any other entity have a proprietary interest in the land on which a Final Plat for residential
development has been requested.
3.33 Public Improvement: Any street, alley, park, public area, dedication, locations for utilities,
easements, right-of-way, fire lanes or other emergency access area intended for public use
or benefit.
3.34 Regulatory Flood: A flood which is representative of large floods known to have occurred
generally in the area and reasonably characteristic of what can be expected to occur on a
particular stream. The regulatory flood generally has flood frequency of approximately 100
years as determined from an analysis of frequency of floods on a particular stream and
other streams in the same general region.
3.35 Regulatory Flood Protection Evaluation: The evaluation of the regulatory flood plus 24
inches of freeboard to provide a safety factor.
3.36 Replatting: Replatting is the alteration of any part or all of the boundaries of any lot, block or
tract of a previously platted subdivision.
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Subdivision Ordinance - Town of Prosper, TX
5361 000473
3.37 Residential or Residential Development: The development of any property for a dwelling or
dwellings, other than motels, hotels, shelter used temporarily for transients and other similar
uses, as indicated by an application for a building permit.
3.38 Shall, May: The word "shall" is always mandatory. The word "may" is merely directory.
3.39 Street: A public right-of-way, however designated, which provides vehicular access to
adjacent land.
3.42.1 Arterial Street primarily provides vehicular circulation to various sections of the
Town.
3.42.2 Collector Street primarily provides circulation within neighborhoods, to carry traffic
from minor streets to arterial streets, or to carry traffic through or adjacent to
commercial or industrial areas.
3.42.3 Marginal Access Street is parallel to and adjacent to an arterial street, and primarily
provides access to abutting properties and protection from through traffic.
3.42.4 Minor Street is one used primarily for access to abutting residential property.
3.40 Street, Standard Width: That distance from back of curb to back of curb.
3.41 Subdivider or Developer: Any person or any agent thereof, dividing or proposing to divide
land so as to constitute a subdivision as that term is defined herein. In any event, the term
"Subdivider" shall be restricted to include only the owner, equitable owner or authorized
agent of such owner or equitable owner, of land sought to be subdivided.
3.42 Subdivision: A division of any tract of land situated within the corporate limits, or within one
mile of such limits, in two or more parts for the purpose of laying out any subdivision of any
tract of land or any addition of any town or city, or for laying out suburban lots or building
lots, or any lots, and streets, alleys or parts or other portions intended for public use or the
use of purchasers or owners of lots fronting thereon or adjacent thereto. "Subdivision"
includes re -subdivision, but it 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.
3.43 Surveyor: A licensed State Land Surveyor or a Registered Public Surveyor, as authorized
by State statute to practice the profession of surveying.
3.44 Town: The Town of Prosper, Texas.
3.45 Town Council: Town Council of the Town of Prosper.
3.46 Town Engineer: A person duly authorized under the provisions of the Texas Engineering
Registration Act, as heretofore or hereafter amended, to practice the profession of
engineering and specifically appointed by the Town Council to such position.
3.47 Utility Easement: An interest in land granted to the Town, to the public generally, to a
private utility corporation or to any one or more of the foregoing for installing or maintaining
utilities across, over or under private land, together with the right to enter thereon with
machinery and vehicles necessary for the maintenance of said utilities.
3.48 Vegetative Study: A study in which the main purpose is identification and consideration of
unique vegetative communities that are important for conserving biotic diversity and are rare
due to conversion to other land uses.
3.49 Wetland Study: A study in which the main purposes are to determine jurisdictional wetlands
and to ensure compliance with Section 404 of the Clean Water Act and other applicable
regulations of the U.S. Army Corps of Engineers.
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Subdivision Ordinance - Town of Prosper, TX
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3.50 Any office referred to in this Ordinance by title, means the person employed or appointed by
the Town in that position, or the duly authorized representative of that person.
3.51 Definitions not expressly prescribed herein are to be construed in accordance with
customary usage in municipal planning and engineering practices.
4. SPECIAL PROVISIONS
4.1 Septic Tanks
4.1.1 No permit shall be issued by the Collin or Denton County Health Department or by
the Town for the installation of septic tanks upon any lot in a subdivision for which a
Final Plat has not been approved and filed for record, or upon any lot in a
subdivision in which the standards are contained herein, referred to herein, or
applicable under State or Federal Law have been complied with in full.
4.1.2 No permit shall be issued by the Collin or Denton County Health Department or by
the Town for the installation of a septic tank(s) if adequate sewer service is or will be
feasibly available within 200 feet of the property line of the lot to be sewered.
4.2 Other Permits
No building, repair, plumbing or electrical permit shall be issued by the Town for any
structure on a lot in a subdivision for which a Final Plat has not been approved and filed for
record, nor for any structure on a lot within a subdivision in which the standards contained
herein have not been complied with in full.
4.3 Streets and Public Utility Services
The Town shall not repair, maintain, install or provide any streets or public utility services in
any subdivision for which a Final Plat has not been approved and filed for record, nor in
which the standards contained herein or referred to herein have not been complied with in
full.
4.4 Public Utilities
The Town shall not sell or supply any water, gas, electricity, or sewage service within a
subdivision for which a Final Plat has not been approved or filed for record, nor in which the
standards contained herein or referred to herein have not been complied with in full.
4.5 Enforcement Initiation
On behalf of the Town, the Town Attorney or his/her designee shall, when directed by the
Town Council of the Town of Prosper, institute appropriate action in a court of competent
jurisdiction to enforce the provisions of this Ordinance or the standards referred to herein
with respect to any violation thereof which occurs within the Town, within the extraterritorial
jurisdiction of the Town as such jurisdiction as determined under the Municipal Annexation
Act, or within any area subject to all or a part of the provisions of this Ordinance.
4.6 Existing Subdivisions Without a Recorded Plat
4.6.1 If any subdivision exists for which a Final Plat has not been approved, or in which
the standards contained or referred to herein have not been complied with in full, the
Town Council of the Town may pass a resolution, pertaining to any such
subdivisions, reciting the fact of such noncompliance or failure to secure Final Plat
approval, and reciting the fact that the provisions of the paragraphs in Section 4.1 to
4.4 will apply to the subdivision and the lots herein. Then, in that event, the Town
Secretary shall cause a certified copy of such resolution to be filed in the deed
records of the county or counties in which subdivision or part thereof lies. If full
compliance and Final Plat approval are secured after the filing or such resolution,
the Town Secretary shall file an instrument in the deed records of such county or
counties stating that Section 4.1 to 4.4 no longer apply.
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4.6.2 Provided, however, that the provisions of this Ordinance shall not be construed to
prohibit:
4.6.2.1 The issuance of permits for any lots upon which residence building exists
and was in existence prior to passage of this Ordinance.
4.6.2.2 The repair, maintenance, or installation of any street or public utility services
for, to, or abutting any lot, the last recorded conveyance of which was prior
to passage of this Ordinance and was by metes and bounds, and/or any
subdivision, or lot therein, recorded or unrecorded, which subdivision was in
existence prior to the passage of this Ordinance.
4.7 Replatting or Amending Plats
The replatting or amending plat of any existing subdivision, or any part thereof, shall meet
the requirements provided herein for a new subdivision. A certificate of correction may not
be used to change or amend any plat.
4.8 Avigation Release
The Commission may require the execution of an avigation easement and/or release as a
condition precedent to approval of a subdivision plat or building permit.
4.9 Acceptance & Maintenance of Streets
Final approval of a plat shall not be deemed an acceptance of the proposed dedication and
shall not impose any duty upon the Town concerning the maintenance or improvement of
any dedicated parts until the proper authorities of the Town shall have made actual
appropriation of the same by entry, use, or improvement. Upon acceptance or rejection by
the Town of dedicated parts, the Town Council shall pass a resolution either accepting or
rejecting any part or all of said dedicated parts.
5.0 VARIANCES
It is the expressed intent of this Ordinance that all sections and parts shall be complied with
except ONLY when the provisions of this Section are applicable. It is further the intent of
this Ordinance that the granting of a variance shall not be a substitute for the amending of
this Ordinance. No waiver of requirements is to be permitted unless specifically written in
this Ordinance or its amendments. The Commission may recommend to the Town Council
that a variance from these regulations be granted when, in its opinion, undue hardship,
which is not self-imposed, will result from requiring strict compliance. In considering,
recommending and granting a variance, either the Commission or the Town Council shall
prescribe such conditions that it deems necessary or both bodies shall take into account, at
least, the nature of the proposed use of the land involved, existing uses of land in the
vicinity, the number of persons who will reside or work in the proposed subdivision, and the
probable effect of such variance upon traffic conditions and upon the public health, safety,
convenience and welfare in the vicinity.
5.1 No variance shall be granted unless the Commission finds and recommends, and the Town
Council concurs:
5.1.1 That there are special circumstances or conditions affecting the land involved such
that the strict application of the provisions of this Ordinance would deprive the
applicant of the reasonable use of his land; and
5.1.2 That the variance is necessary for the preservation and enjoyment of a substantial
property right of the applicant; and
5.1.3 That the granting of the variance will not be detrimental to the public health, safety
or welfare, or injuries to other property in the area; and
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5.1.4 That the granting of the variance will not have the effect of preventing the orderly
subdivision of other land in the areas in accordance with the provisions of this
Ordinance.
Such findings of the Commission and Town Council, together with the specific facts upon
which such findings are based, shall be incorporated into the official minutes of the meetings
at which such variance is recommended and granted. Variances may be granted only when
in harmony with the general purpose and intent of this Ordinance so that the public health,
safety and welfare may be secured and substantial justice served.
6.0 PRELIMINARY CONFERENCE
Prior to the official filing of a Preliminary Plat, the Subdivider should consult with and present
a proposed plan of subdivision to the Town staff for comments and advice on the
procedures, specifications, and standards required by the Town for the subdivision of land.
7.0 PRELIMINARY PLAT AND ACCOMPANYING DATA
7.1 General
The Subdivider shall cause to be prepared a Preliminary Plat by a surveyor or engineer in
accordance with this Ordinance.
7.2 Time for Filing and Copies Required
The Subdivider shall file twelve (12) blue or black line copies of the plat together with the
original with the Commission at least thirty (30) days prior to the date at which formal
application for the Preliminary Plat approval is made to the Commission.
7.3 Filing Fees
Filing fees shall be as set forth in Town Ordinance No. 02-33, as it exists or may be
amended, establishing a comprehensive fee schedule. No action by the Commission shall
be valid until filing fee has been paid. This fee shall not be refunded should the Subdivider
fail to make formal application for Preliminary Plat approval or should the plat be
disapproved.
7.4 Formal Application
Formal application for Preliminary Plat approval shall be made by the Subdivider in writing
to the Town staff.
7.5 Form and Content of Application
The plat shall be drawn on sheets 24 inches wide and 36 inches long, and shall be drawn to
a scale of 100 feet to one (1) inch. When more than one sheet is necessary to
accommodate the entire area, an index sheet showing the entire subdivision at an
appropriate scale shall be attached to the plat. A Phasing Plan shall be attached to the plat.
The plat shall show the following:
7.5.1 Names and addresses of the Subdivider, record owner, engineer and/or surveyor.
7.5.2 Proposed name of the subdivision, which shall not have the same spelling as or be
pronounced similarly to the name of any other subdivision located within the Town
or within two miles of the Town.
7.5.3 Names of abutting subdivisions and the owners of abutting parcels of unsubdivided
land, whether or not abutting properties are platted and the listing of surrounding
land uses.
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7.5.4 Description, by metes and bounds, of the subdivisions.
7.5.5 Primary control points or descriptions, and ties to such control points to which all
dimensions, angles, bearings, block numbers and similar data shall be referred.
7.5.6 Subdivision boundary lines, indicated by heavy lines, and the computed acreage of
the subdivision.
7.5.7 Existing sites as follows:
7.5.7.1 The exact location, dimensions, name and description of all existing or
recorded streets, alleys, reservations, easements or other public rights -of -
way within the subdivision, intersection or abutting with its boundaries or
forming such boundaries.
7.5.7.2 The exact location, dimensions, description and name of all existing or
recorded residential lots, parks, public areas, permanent structures and
other sites within or abutting with the new subdivision.
7.5.7.3 The exact location, dimensions, description, and flow line of existing water
courses and drainage structures within the subdivision or on abutting tracts.
7.5.7.4 Regulatory flood elevations and boundaries of flood prone areas, including
floodways, if known.
7.5.7.5 Approximate location of natural features, vegetation, water bodies and
drainage ways.
7.5.8 The exact location, dimensions, description and name of all proposed streets, alleys,
parks, other public areas, dedications, easements or other rights -of -way, blocks, lots
and other sites within the subdivision.
7.5.9 A preliminary plan for water utilities, which may include onsite sewage disposal
systems, or a central sewer system, including disposal sites for lands subject to
flooding or sanitary sewers with grade, pipe size, and points of discharge.
7.5.10 A preliminary plan of the drainage system with grade, pipe size, and location of
outlet.
7.5.11 A preliminary plan for proposed fills or other structure -elevation techniques, levees,
channel modifications, and other methods to overcome flood or erosion -related
hazards.
7.5.12 Date of preparation, scale of plat and north arrow.
7.5.13 Topographical information at two foot contours.
7.5.14 A number or letter to identify each lot or site and each block.
7.5.15 Front building setback lines on all lots and sites; side yard building setback lines at
street intersections and crosswalk ways.
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7.5.16 Location of Town limits line, the outer border of the Town's extraterritorial
jurisdiction, and zoning district boundaries, if they traverse the subdivision, form part
of the boundary of the subdivision, or are abutting to such boundary. This shall
include the identity of a county line or school district line on the subject property.
7.5.17 Vicinity sketch or map at a scale of not more than 500 feet to an inch which shall
show existing subdivisions, streets, easements, rights -of -way, parks and public
facilities in the vicinity, the general drainage plan and ultimate destination of water,
and possible storm sewer, water, gas, electric and sanitary sewer connections by
arrows.
7.6 Processing and Preliminary Plat
7.6.1 The Town staff shall check the Preliminary Plat as to its conformity with the master
plan, major street plan, land use plan, transportation plan, zoning districts and the
standards and specifications set forth herein or referred to herein, or other
applicable policies and regulations.
7.6.2 Pertinent copies of the Preliminary Plat data shall be submitted to the Town
Engineer, and he/she shall check the same for conformity with the standards and
specifications contained or referred to herein. These reviews will be performed at
the Developer's expense.
7.6.3 The Town Engineer and Town staff shall return the Preliminary Plat data to the
Commission with suggestions as to modifications, additions or alterations of such
plat data.
7.6.4 Within thirty (30) days after the Preliminary Plat is formally filed, the Commission
shall conditionally accept or reject such plat or conditionally accept it with
modifications.
7.6.5 Conditional acceptance of a Preliminary Plat by the Commission shall be deemed
an expression of acceptance of the layout submitted on the Preliminary Plat as a
guide to the installation of streets, water, sewer and other required improvements
and utilities and to the preparation of the Final Plat. Conditional acceptance of a
Preliminary Plat shall not constitute nor require acceptance of the Final Plat.
7.6.6 Conditional acceptance of a Preliminary Plat shall be effective for two years unless
reviewed by the Commission in the light of new or significant information which
would necessitate a revision of the Preliminary Plat. If the Commission should
deem changes in a Preliminary Plat to be necessary, it shall so inform the
Subdivider in writing.
7.6.7 If no development has occurred, any Preliminary Plat accepted by the Commission
shall expire and become null and void two (2) years following the conditional
acceptance, unless an extension of time is applied for prior to expiration and granted
by the Commission. The Commission may, upon the application of the Subdivider,
extend the conditional acceptance of the Preliminary Plat up to six (6) months.
8. FINAL PLAT
8.1 Form and Content of Application
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8.1.1 The Final Plat and accompanying data shall conform to the Preliminary Plat as
conditionally approved by the Commission, incorporating any and all changes,
modifications, alterations, corrections and conditions imposed by the Commission.
If significant changes have been made, a new Preliminary Plat shall be submitted.
8.1.2 The Final Plat shall be in digital format accompanied by a hard copy plotted on
standard bond. Where more than one sheet is necessary to accommodate the
entire area, an index sheet showing the entire subdivision at an appropriate scale
shall be attached to the plat. Two additional mylars shall be submitted on sheets to
specifically meet the requirements of Collin and/or Denton County for Final Plat
recording.
8.1.3 The Final Plat shall be submitted in such number as is required by the Commission,
and shall contain all of the features required for Preliminary Plats in Section 7
above, and it shall be accompanied by site improvement data bearing the seal of an
engineer and detailed cost estimates.
8.1.4 The Final Plat and the accompanying site improvement data and detailed cost
estimates shall be approved by the Town Engineer.
8.1.5 In addition to the various requirements for the Preliminary Plat, the Final Plat shall
also include the following:
8.1.5.1 The exact location, dimensions, name and description of all existing or
recorded streets, alleys, reservations, easements, or other public rights -of -
way within the subdivision, intersection or abutting with its boundary or
forming such boundary, with accurate dimensions, bearing or deflecting
angles and radii, area, and central angle, degree of curvature, tangent
distance and length of all curve where appropriate.
8.1.5.2 The exact location, dimensions, description and name of all proposed
streets, alleys, drainage structures, parks, other public areas, reservations,
easements or other rights -of -way, blocks, lots, and other sites within the
subdivision with accurate dimensions, bearing or deflecting angles with radii,
area, and central angles, degree of curvature, tangent distance and length of
all curves where appropriate.
8.1.5.3 A Landscape Plan and a Lighting Plan.
8.1.6 When filed, the Final Plat shall be accompanied by the following site improvement
data, and all plans and engineering calculations shall bear the seal and signature of
an engineer.
8.1.6.1 Streets, Alleys, Sidewalks, Crosswalk Ways & Monuments.
8.1.6.1 a Five copies of plans and profiles of all streets, alleys, sidewalks, crosswalk
ways, and monuments.
8.1.6.2 Sanitary Sewers
8.1.6.2a Five copies of the proposed plat, showing two foot contours and the
proposed location and dimensions of existing sanitary sewer lines.
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8.1.6.2b Five copies of plans and profiles of proposed sanitary, sewer lines,
indicating depths and grades of lines.
8.1.6.2c When a separate sewer system or treatment plant is proposed, five copies
of proposed plans and specifications with proof of submittal to TEQC.
8.1.6.3 Water Lines
8.1.6.3a Five copies of the proposed plat showing two foot contours and the
location and size of existing water lines and fire hydrants.
8.1.6.3b Five copies of plans and profiles of all proposed water lines and fire
hydrants, showing depths and grades of the lines.
8.1.6.3c When a separate water system is planned, or when connection is
proposed to a water system other than to the Town water system, five
copies of the plans, including fire hydrants, of the proposed system.
8.1.6.4 Storm Drainage
8.1.6.4a Five copies of the proposed plat, indicating two foot contours. All street
widths and grades shall be indicated on the plat, and runoff figures shall be
indicated on the outlet and inlet side of all drainage ditches and storm
sewers, and at all points in the street at changes of grade or where the
water enters another street or storm sewer or drainage ditch. Drainage
easements shall be indicated on the plat.
8.1.6.4b A general location map of the subdivision showing the entire watershed.
8.1.6.4c Calculations showing the anticipated storm water flow, including water
shed area, percent runoff, and time of concentration. When a drainage
ditch or storm sewer is proposed, calculations shall be submitted showing
basis for design.
8.1.6.4d When a drainage channel or storm sewer is proposed, complete plans,
profiles, and specifications shall be submitted, showing complete
construction details.
8.1.6.4e When conditions upstream or downstream from a proposed channel or
storm sewer do not permit maximum design flow, high water marks based
on a one hundred year frequency, shall be indicated based on existing
conditions.
8.1.7 The Final Plat shall also include the following:
8.1.7.1 Owner's acknowledgment of the dedication to public use of all Public
Improvements, including streets, alleys, parks, and other public places
shown on such Final Plat;
8.1.7.2 The certification of the Commission that the Final Plat conforms to all
requirements of the subdivision regulations of the Town of Prosper;
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8.1.7.3 A statement from the Commission that the Final Plat has been approved by
such Commission.
8.1.7.4 The certification of the surveyor responsible for surveying the subdivision
area, attesting to its accuracy;
8.1.7.5 A certification by the surveyor responsible for the preparation of the Final
Plat and the engineer for supporting data, attesting to its accuracy.
8.2 Processing of Final Plat
8.2.1 As soon as practical after the Subdivider is notified of the acceptance of the
Preliminary Plat, his engineer shall submit to the Commission application for the
Final Plat of the subdivision or portion thereof.
8.2.2 No Final Plat will be considered unless a Preliminary Plat has been submitted.
However, if an accepted plat has been duly recorded and the Subdivider wishes to
increase the size of the lots by combining two or more lots or by combining one lot
with a portion of the adjacent lot in such manner that no portion of a lot remains
smaller than the original lots, no Preliminary Plat will be necessary.
8.2.3 When the Final Plat is filed with the Commission for acceptance, it shall be
accompanied by the fees set forth in Town Ordinance No. 02-33, as it exists or may
be amended, establishing a comprehensive fee schedule, and the following:
8.2.3.1 A construction fee equal to 3.0% of the cost of the construction (as
determined by the Town Engineer) including water, sewer, paving and
drainage facilities shall be paid to the Town prior to the construction of any
facilities.
8.2.3.2 Proof that all outstanding review fees have been paid.
8.2.4 Within thirty (30) days after the Final Plat is formally filed, the Commission and Town
Council shall accept or reject such plat.
8.2.5 After the Final Plat has been accepted and the Subdivider has constructed all the
required improvements and such improvements have been accepted, and a
maintenance bond filed as hereinafter provides, or after the Final Plat has been
accepted and the Subdivider has filed the security and maintenance bond
hereinafter provided, the Subdivider shall cause the Final Plat to be recorded with
the County Clerk or clerks in the county or counties in which the subdivision lies.
9.0 GUARANTEE OF PERFORMANCE
9.1 Construction Prior to Final Plat Acceptance
If under Section 8 of this Ordinance the Subdivider chooses to construct the required
improvements prior to recordation of the Final Plat, all such construction shall be inspected
while in progress by the appropriate Town department, and must be approved upon
completion by the Town Engineer. A certificate by such officer stating that the construction
conforms to the specifications and standards contained in or referred to herein must be
presented to the Commission prior to approval of the Final Plat. Prior to such approval, the
Subdivider shall file with the Commission a bond, executed by a surety company holding a
license to do business in the State of Texas, and acceptable to the Commission, in an
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Subdivision Ordinance - Town of Prosper, TX
5361 000482
amount equal to 100 percent of the cost of the improvements required, as estimated by the
Town Engineer, conditioned that the Subdivider will maintain such improvements in good
condition for a period of one year after approval of the Final Plat. Such bond shall be
approved as to form and legality by the Town Attorney.
9.2 Construction After Final Plat Acceptance
If pursuant to this Ordinance the Subdivider chooses to file security and maintenance bond
in lieu of completing construction prior to Final Plat approval, he may utilize either of the
following methods of posting security. If the Subdivider chooses to file security, the plat
shall not be approved unless the Subdivider has done one of the following:
9.2.1 Has filed with the Commission a bond executed by a surety company holding a
license to do business in the State of Texas, and acceptable to the Commission, in
an amount equal to the cost of the improvements required by this Ordinance as
estimated by the Town Engineer, conditioned that the Subdivider will complete such
improvement within two years after approval of such plat, such bond to be approved
as to form and legality by the Town Attorney; or
9.2.2 Has placed on deposit in a bank or trust company selected by the Subdivider and
approved by the Commission, in a trust account a sum of money equal to the
estimated cost of all site improvements required by this Ordinance. The estimated
cost of such improvement shall be the cost as estimated by the Town Engineer.
Selection of the trustee shall be subject to approval by the Commission, and the
trust agreement shall be approved as to form and legality by the Town Attorney.
9.3 Maintenance Bond
If either type of security is filed by the Subdivider under Section 9.2 of this Section, a filing
of such security shall be accompanied by a bond executed by a surety company holding a
license to do business in the State of Texas, and acceptable to the Commission, in an
amount equal to ten percent (10%) of the cost of the improvements required as estimated
by the Town Engineer, conditioned that the Subdivider will maintain such improvements in
good condition for a period of two (2) years after final acceptance of the completed
construction by the Town Engineer, as provided in Section 9.4 of this Section. Such bond
shall be approved as to form and legality by the Town Attorney.
9.4 Construction Acceptance
If either type of security is filed by the Subdivider under this Section 9, the Town Engineer
or building official shall observe the construction of the improvements while in progress,
and he shall inspect such improvements upon completion of construction. After final
inspection, the Town Engineer shall notify the Subdivider and the Town Administrator in
writing as to his acceptance or rejection of the construction. He shall reject such
construction only if it fails to comply with the standards and specifications contained herein
or otherwise existing. If he rejects such construction, the Town Attorney shall, on direction
of the Town Council proceed to enforce the guarantees provided in this Ordinance.
9.5 Extension
Where good cause exists, the Commission may extend the period of time for completion
under this Section 9 for an additional period of time not to exceed one year if the Subdivider
has not completed the required site improvements or completed such improvements in
compliance with this Ordinance.
No such extension shall be granted unless security as provided in this Section 9 has been
provided by the Subdivider covering the extended period of time.
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Subdivision Ordinance - Town of Prosper, TX
5361 000483
10.0 GENERAL REQUIREMENTS AND DESIGN STANDARDS
10.1 Relations To Land Use
No Preliminary or Final Plat shall be approved by the Commission or ratified subsequently
by the Town Council and no completed improvements shall be accepted by the Town unless
they conform to the following standards and specifications:
10.1.1 Conformity with Comprehensive Plan
The subdivision shall be consistent with the adopted Comprehensive Plan and all
applicable zoning regulations of the Town of Prosper and the parts thereof as
amended from time to time. No subdivision design shall be approved that requires a
change in zoning until a rezoning application that would allow such alteration is
approved.
10.1.2 Re -Subdivisions
For any re -subdivision which requires a zoning change, the zoning change must be
approved before the re -subdivision is considered.
10.1.3 Prohibition of Reserve Strips
No subdivision or addition showing reserve strips of landing controlling the access to
public ways or adjoining properties will be approved either in whole or in part.
10.1.4 Observation of Construction Work
All construction work, such as street grading, street paving, storm sewers, curb
and/or gutter, sanitary sewers or water mains performed by the owner, Developer,
or contractor, shall be subject to observation during construction by the proper
authorities of the Town and shall be constructed in accordance with the
specifications approved by the Town Council and in accordance with the provisions
of "Standard Specifications For Public Works Construction" prepared by the North
Central Texas Council of Governments, which is on file in the Town Hall.
10.1.5 Town Standard Construction Details for Subdivisions
All subdivision construction shall comply with the latest edition of the International
Residential Code for one and two dwelling residences and for Multi -Family the latest
edition of the Uniform Building Code adopted by the Town Council.
After the proper Town authorities determine that completed improvements conform
to the foregoing standards and specifications, said determination shall be submitted
to the Town Council for review. The Town Council shall pass a resolution either
accepting or rejecting said improvements. The Town Council may accept or reject
any portion of all of said improvements and may impose any reasonable
requirements or conditions in acceptance part or all of said improvements.
10.2 Streets
10.2.1 Street Layout
Adequate public streets shall be provided by the Subdivider and the arrangement,
character, extent, width, grade, and location of each shall conform to the
Comprehensive Plan and the Thoroughfare Plan of the Town. Streets shall be
considered in their relation to existing and planned streets, to topographical
conditions, to public safety and convenience, and in their appropriate relationship to
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the proposed uses of land to be served by such streets. The street layout shall be
devised for the most advantageous development of the entire neighborhood and
shall be designed so as to discourage high-speed or through traffic.
10.2.2 Relation to Adjoining Street System
Where necessary to the neighborhood pattern, existing streets in adjoining areas
shall be continued, and shall be at least as wide as such existing streets and in
alignment therewith.
10.2.3 Projection of Streets
Where adjoining areas are not subdivided the arrangement of streets in the
subdivision shall make provision for the proper projection or streets into such
unsubdivided areas.
10.2.4 Street Jogs
Whenever possible, street jogs with center line offsets of less than 180 feet will not
be approved.
10.2.5 Horizontal Alignment
10.2.5.1 Curvilinear streets shall be allowed and shall meet the following
standards:
Operating Speed of Street Minimum Curve Radius
20 MPH or less 200 feet
30 MPH 375 feet
35 MPH 550 feet
40 MPH 725 feet
50 MPH or more 1190 feet
10.2.5.2 The Town Council may approve local residential streets with a smaller
radii than required above in special circumstances (consistent with the
use of the street). In the case of such an approval the Developer shall
pay the additional cost of installing water and sewer lines caused by
smaller radii.
10.2.6 Vertical Alignment
Profile grades of streets and alleys shall be connected by vertical curves of a
minimum length expressed as a multiple of the algebraic difference between the
rates of grades, expressed in feet per hundred feet and the values shown as
follows:
Multiple of Design Speed
Algebraic difference 20 25 30 40 50 60
Crest vertical curve 10 15 28 50 80 150
Sag vertical curve 15 20 35 50 70 100
10.2.7 Half Streets or Adjacent Streets
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In the case of collector, minor, or marginal access streets, no new half -streets
shall be platted.
10.2.8 Street Intersections
Street intersections shall be as nearly at right angles as practicable, giving due
regard to terrain and topography.
10.2.9 Dead -End Streets
Dead-end streets shall be prohibited except as short stubs to permit future
expansion.
10.2.10 Cul-De-Sacs
In general, cul-de-sacs shall not exceed 300 feet in length, and shall have a
turnaround of not less than 80 feet in diameter and 100 feet ROW in residential
areas, and a turnaround of not less than 100 feet in diameter and 120 feet ROW in
commercial and industrial areas.
10.2.11 Marginal Access Streets
Where a subdivision has frontage on an arterial street, there shall be provided a
marginal access street on both sides or on the subdivision side of the arterial
street, if the arterial street borders the subdivision, unless the adjacent lots back
up the arterial street, or unless the Commission determines that such marginal
access streets are not desirable under the facts of a particular case for adequate
protection of the lots and separation of through and local traffic. These streets
shall not be alleys.
10.2.12 Streets on Comprehensive Plan
Where a subdivision embraces a street as shown on the Comprehensive Plan of
the Town or Thoroughfare Plan of the County, such street shall be platted in the
location and of the width indicated by the Comprehensive Plan or Thoroughfare
Plan.
10.2.13 Minor Streets
Minor streets shall be laid out so as to discourage their use by through traffic.
10.2.14 Pavement Widths and Rights -Of -Way
10.2.14.1 Arterial streets shall have right-of-way width of at least 80 feet, with a
pavement width of at least 48 feet.
10.2.14.2 Collector streets shall have a right-of-way of at least 60 feet and a
pavement width of at least 37 feet.
10.2.14.3 Minor streets shall have a right-of-way of at least 50 feet and a
pavement width of at least 31 feet.
10.2.14.4 Major thoroughfares shall have a right-of-way of at least 160 feet and a
pavement width of at least 60 feet.
10.2.14.5 Residential and non-residential marginal access streets shall have a
right-of-way width of at least 50 feet and pavement width of at least 31
feet. Estate lots shall have a right-of-way width of at least 60 feet with
31 feet pavement and bar -ditch type drainage.
10.2.15 Typical Street Section(s) - See Exhibits on the following pages.
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Subdivision Ordinance - Town of Prosper, TX
5361 000486
EXHIBIT A
STARD"D S0- alro"T or wAr
1. 6 inch Mountable Integral Curb
2. 3500 psi concrete at 28 days
3. 6 inch thick reinforced concrete pavement laid on a 6 lime (7%) stabilized
subbase. Cement content of not less than 5 sacks per cubic yard
4. No. 3 Bars on 24inch centers. Both ways.
RESIDENTIAL SUBDIVISION
(LESS THAN 0.5 ACRE LOTS)
Pg. 20
Subdivision Ordinance - Town of Prosper, TX
5361 000487
EXHIBIT B
3500 psi concrete @ 28 days
2. No. 3 Bars on 24 inch centers. Both Ways
3. 6 inch thick reinforced concrete pavement laid on a 6 inch lime (7%) stabilized
subbase. Cement content of not less than 5 sacks per cubic yard.
4. In areas where the street paving does not have curb sections, and bar ditch
drainage will exist, the right-of-way shall be 60 feet in width.
ESTATE SUBDIVISION
(BETWEEN 0.5 - 1.0 ACRES/LOTS)
Pg. 21
Subdivision Ordinance - Town of Prosper, TX
5361 000488
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4. The surface course shall be constructed of either of the following options:
(1) Two course asphalt treatment, 31 feet wide.
(b) Two (2) inches of hot mix asphaltic concrete 31 feet wide.
5. The base shall be constructed from one of the following options:
(2) Ten (10) inches native Collin and Denton County white rock compacted
to 95% Standard Proctor density.
(b) Eight (8) inches native Collin and Denton County white rock with
2% hydrated lime compacted to 95% Standard Proctor density.
(c) Six (6) inches of flexible base (SDHPT specifications)
compacted to 95% Standard Proctor density.
6. 7% lime stabilized subgrade of a pi less than 15.
7. Compacted 95% Modified Proctor density
ESTATE SUBDIVISION
(BETWEEN 1.0 - 100 ACRES/LOTS)
Pg. 22
Subdivision Ordinance - Town of Prosper, TX
5361 000489
10.2.16 Street Grades
10.2.16.1 Local streets may have a maximum grade to meet ADA compliance.
10.2.16.2 All streets must have a minimum grade of at least five -tenths of one
(0.5) percent.
10.2.16.3 Centerline grade changes with an algebraic difference of more than
tow (2) percent shall be connected with vertical curves of sufficient
length to provide a minimum of six hundred (600) feet sight distance
on major streets; four hundred (400) feet sight distance on minor
streets and local residential streets.
10.2.16.4 Vertical curve shall be required to fit engineering standards.
10.2.16.5 Wherever a cross slope is necessary or desirable from one curb to the
opposite curb, such cross slopes shall be ADA compliant.
10.2.17 Street Construction
10.2.17.1 Pavement and Right -of -Way Width
All streets shall be paved with reinforced concrete paving with
mountable integral curb and gutter, and shall conform in width and
section to the thoroughfare plan of the Town. Right-of-way width shall
be measured between front lot lines and pavement width shall be
measured from back of curb. Except as provided hereinafter, no street
right-of-way shall be less than fifty (50) feet and no street pavement
shall be less than thirty-one (31) feet.
10.2.17.2 Additional R-O-W Requirements
Additional right-of-way shall be defined as right-of-way greater than
that required by this Ordinance, as it currently exists or may be
amended. Additional right-of-way shall be provided as follows and
shall be shown on the plat as "right-of-way dedicated for landscaping
and screening purposes only" to exclude franchise utilities from this
area.
10.2.17.2a An average often feet (10') of additional right-of-way shall
be dedicated for lots that back or side to a street with a
right-of-way width greater than eighty feet (80').
10.2.17.2b An average of fifteen feet (15) of additional right-of-way
shall be dedicated for lots backing to a street with a right-
of-way width of sixty feet (60') to eighty feet (80').
10.2.17.3 Residential Estate Subdivision
For estate subdivision as herein defined, the Town Council may allow
variance to these regulations to provide for a lesser pavement and
right-of-way width, and for the elimination of the requirement for curb
and gutter as long as emergency access is achievable.
10.2.17.4 Laboratory and Field Testing
The Town shall approve the services of a reputable commercial testing
laboratory or will perform the necessary tests on subgrade soils and
flexible base material to verify that specifications are being met. These
Pg. 23
Subdivision Ordinance - Town of Prosper, TX
5361 000490
laboratory tests will be made at the Developer's expense and may
include the following:
10.2.17.4a Proctor Density Curves to establish the optimum density
moisture relationship for the subgrade soil and the
proposed flexible base material.
10.2.17.4b Gradation and soil constants (Atterberg Limits) tests to
determine the suitability of the proposed flexible base
material.
10.2.17.4c Tests during the construction phase to determine if
subgrade and flexible base material have been placed as
specified.
10.2.17.4d The proper tests to determine if the asphaltic concrete
surfacing meets the requirements of the specifications.
10.2.18 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 natural screening
device, 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 five
(5) feet for a single-family and two-family uses and at least twenty (20) feet for all
other uses.
10.2.19 Street Openings to Adjoining Properties
Subdivision plat design shall provide for a reasonable number and locations of
street openings to adjoining properties. Such an opening shall occur at least
every nine hundred (900) feet or in alignment with abutting subdivision streets
along each boundary of the subdivisions. In areas where drainage, railroads,
highways, etc. exist, this 900 feet spacing may be waived, upon recommendation
by the Town Engineer and approval by Town Council.
10.2.20 Boundary Streets
Where a plat is presented for approval which adjoins unplatted property, the owner
and/or Developer of the proposed subdivision shall provide his pro rata part of the
boundary streets, curbs, gutter and storm drainage.
10.2.21 Pavement widths and rights -of -way of streets forming part of the subdivision
(adjacent) shall be as follows:
10.2.21.1 The Subdivider shall dedicate a right-of-way of 50 feet in width for new
adjacent arterial streets, and 31 feet of such right-of-way shall be
paved.
10.2.21.2 New adjacent collector, minor or marginal access streets shall conform
to this Ordinance.
10.2.21.3 Where the proposed subdivision abuts upon an existing street or half -
street that does not conform to this Ordinance, the Subdivider shall
dedicate right-of-way sufficient to make the full right-of-way width
conforming, and there shall be paved so much of such right-of-way as
Pg. 24
Subdivision Ordinance - Town of Prosper, TX
5361 00049
to make the full pavement width comply. Before any pavement is laid
to widen existing pavement, the existing pavement shall be cut back
tow feet to assure an adequate sub -base and pavement joint.
10.2.22 Curbs
Curbs shall be installed by the Subdivider on both sides of all interior streets, and
on the subdivision side of all streets forming part of the boundary of the
subdivision.
10.2.23 Street Names
Names of new streets shall not duplicate, sound similar, or cause confusion with
the names of existing streets, unless the new streets are a continuation of or in
alignment with existing streets, in which case names of existing streets shall be
used.
10.2.24 Street Lights
A Lighting Plan shall be submitted reflecting lighting in accordance with Town
character.
10.2.24.1 The following standards shall apply to all Major and Minor Arterials:
10.2.24.1a Streetlights shall be placed in the medians, with spacing
not to exceed three hundred (300) feet and no closer
than one hundred fifty (150) feet depending on median
breaks and intersections.
10.2.24.1 b Luminaries shall be designed to function as Full Cutoff
Type of Luminary(s).
10.2.24.1c Die cast aluminum or extruded aluminum with
segmented internal reflector, 250-watt Metal Halide
single or double head with davit arm black in color or
approved equal by the Town Engineer shall be used.
10.2.24.1 d Arterial lighting shall be installed prior to final acceptance
by the Town Administrator or his/her designee. When
partial arterials are constructed the Town Engineer may
escrow funds in lieu of installing required lighting. Where
arterials bisect property lines, each Developer is equally
responsible for the complete cost of fully developed
arterial lighting.
10.2.24.1 a Poles are to be round tapered with a maximum height of
thirty (30) feet.
10.2.24.2 The following standards shall apply to all Commercial Collectors:
10.2.24.2a Lights shall be placed in the parkway between the curb
and the sidewalk, with spacing not to exceed three
hundred (300) feet and no closer than one hundred fifty
(150) feet.
Pg.25
Subdivision Ordinance - Town of Prosper, TX
5361 000492
10.2.24.2b Luminaries shall be designed to function as Full Cutoff
Type of Luminary(s).
10.2.24.2c Die cast aluminum or extruded aluminum with segmented
internal reflector, 250-watt Metal Halide single head with
davit arm black in color or approved equal by the Town
Engineer shall be used.
10.2.24.2d Collector lighting shall be installed prior to final
acceptance by the Town Administrator or his/her
designee. Where collectors bisect property lines, each
Developer is equally responsible for the complete cost of
fully developed lighting.
10.2.24.2e Poles are to be round tapered with a maximum height of
twenty (20) feet.
10.2.24.3 The following standards shall apply to all Residential Streets:
10.2.24.3a Poles are to be round tapered, American style with
Barrington base, black in color, or another style if
approved by the Town Council. Maximum height not to
exceed twelve (12) feet for residential streets and
fourteen (14) feet for collectors.
10.2.24.3b Lamp wattages shall be 100 watts Metal Halide.
10.2.24.3c Luminaries shall be Acorn with refractive globes, metal
cap and finial.
10.2.24.3d The Developer may install additional banding and/or
medallions with prior written approval from the Town
Engineer. The cost for maintenance and/or replacement
of the banding and/or medallions shall be the
responsibility of the Developer or Homeowners
Association.
10.2.24.3e Residential lights shall be installed without multiple
luminaries.
10.2.24.3f Light locations shall typically be at intersections and at
mid -block if the block length is greater than six hundred
(600) feet. Cul-de-sacs, three hundred (300) feet,
measured from centerline of street to center point of cul-
de-sac, shall have a light installed at the street
intersection and at the beginning of the bulb. Other
locations may be required as deemed necessary by the
Town Engineer. Lights shall not be closer than one
hundred fifty (150) feet.
10.2.24.3g Subdivisions bounded by arterials shall have common
type of luminaries. Streetlights shall be installed prior to
Pg. 26
Subdivision Ordinance - Town of Prosper, TX
5361 000493
final acceptance by the Town Administrator or his/her
designee.
10.2.24.4 A Lighting Plan shall be required anytime lighting is proposed, or
modified. The lighting plan shall be submitted to the Town Engineer
for review. A certified engineer, architect, landscape architect, lighting
engineer or designer shall prepare the plan. The plan shall also
contain a certification by the Property Owner or agent and the preparer
of the plan that the street lighting depicted on the plan complies with
the requirements of this Ordinance. The submission shall contain but
shall not necessarily be limited to the following:
10.2.24.4a Plans indicating the location of the lighting, and the type
of illuminating devices, fixtures, lamps, supports,
reflectors, and other devices;
10.2.24.4b Description of the illuminating devices, fixtures, lamps,
supports, reflectors, and other devices and the
description may include, but is not limited to, catalog cuts
by manufacturers and drawings (including sections where
required) and height of the luminaries;
10.2.24.4c Photometric plan and data sheets, such as that furnished
by manufacturers, or similar to that furnished by
manufacturers, showing the angle of cut off or light
emissions;
10.2.24.4d Water and sewer locations along with any other existing
utilities lightly shaded on plans showing any possible
location conflicts with proposed lighting.
10.2.24.5 The following are exempt by this Ordinance:
10.2.24.5a Temporary lighting approved in writing by the Town
Engineer.
10.2.24.5b Where existing or phased subdivisions were under
construction prior to the effective date of this Ordinance,
the continued use of currently approved lighting will be
permitted. When divided by collector sized streets the
lighting standards contained in this Ordinance will be
required.
10.2.24.5c Lighting luminaries in existence on the effective date of
this Ordinance shall be exempt from these standards and
shall be considered legally non -conforming. Such
fixtures may be repaired, maintained and/or replaced.
10.2.24.5e The Town Engineer, or his/her designee, is hereby
empowered and directed to administer and enforce the
provisions of this Ordinance.
Pg. 27
Subdivision Ordinance - Town of Prosper, TX
5361 000494
10.2.24.6 The initial cost of installation, operation, and maintenance for the first
year shall be paid by the Developer to the Town. Maintenance and
operation after this period shall be provided by the Town, unless the
lights are on private streets.
10.2.25 Street Signs
Street signs shall be installed by the Subdivider at all intersections within or
abutting the subdivision. Such signs shall be of a type approved by the Town, and
shall be installed in accordance with standards of the Town.
10.3 Alleys
10.3.1 Width and Paving
Alleys of not less than twenty (20) feet in right-of-way width and pavement width
shall be installed by the Subdivider in all business and industrial areas. In
residential areas, alleys not less than fifty (15) feet in right-of-way width, with a
paved surface of not less than twelve (12) feet in width, shall be optional. All alley
paving shall be done in accordance with Town standards. Alleys shall be
approximately parallel to the frontage of the street.
10.3.2 Intersecting Alleys and Utility Easements
Where two alleys or utility easements intersect or turn at a right angle, a cutoff of
not less than ten (10) feet from the normal intersection of the property or
easement line shall be provided along each property or easement line.
10.3.3 Dead -End Alleys
Dead-end alleys shall not be permitted.
10.3.4 Over -Hang Easements
In all alleys, over -hang easements for electric and telephone lines of at least ten
(10) feet on each side of the alley strip at a height at or above eighteen (18) feet
shall be provided.
10.3.5 Alleys which do not connect on a straight course
If alleys are not themselves straight within each block, or if the same do not
connect on a straight course with the alleys of adjoining blocks, then an easement
shall be provided for the plating of guy wires on lot division lines in order to
support poles set on curving or deviating rights -of -way of alleys.
10.4 Utility Lines and Easements
10.4.1 All services for utilities shall be made available to each lot in such a manner so as
to eliminate the necessity of disturbing the street and alley pavement, curb, gutter,
sidewalks, and drainage structures when connections are made.
10.4.2 For electrical distribution lines with sixty thousand (60,000) volts or less, no new
above ground utility support structures (poles) may be installed. When existing
pole space is not available, all new electrical and communication utilities including
but not limited to, transformers, amplifiers, and switching devices shall be placed
underground or be pad mounted at ground level.
10.4.3 For all service connections from the right-of-way to the point of service for all non-
residential properties:
Pg.28
Subdivision Ordinance - Town of Prosper, TX
5361 000495
10.4.3.1 Ground mounted equipment shall not be placed in visibility, access
and maintenance easements.
10.4.3.2 All ground -mounted equipment in the right-of-way shall be screened
from the adjacent street by minimum five (5) gallon shrubs on three (3)
foot centers. Planting materials selected shall be materials that can be
expected to grow to the height of the equipment height within two (2)
growing seasons from the date planted. The planting material must be
selected from the list of materials set forth in the Prosper's Town
Ordinance No. 99-24, as it exists or may be amended. The proposed
planting shall be included on the landscape plan as approved by the
Town Administrator or his/her designee.
10.4.4 All support equipment (transformers, amplifiers, switching devices, etc.) necessary
for underground installations shall be pad mounted or placed underground.
10.4.5 The electric utility company shall be responsible for developing administrative
policies and cost reimbursement procedures for the installation and extension of
underground electric service. These policies shall permit the electric company to
recover the cost differential between extending and installing overhead and
underground service.
10.4.6 The Developer shall furnish all easements and right-of-way necessary for
construction of electric, gas, street lighting, telephone and cable television service
to the subdivision.
10.4.7 Overhead services will not be permitted to cross public right-of-ways.
10.4.8 All utility lines that pass under a street or alley shall be installed before the street
or alley is paved. When it is necessary that utility lines pass under the street or
alley pavement, they shall be installed to a point at least three feet beyond the
edge of the pavement.
10.5 Sidewalks
Sidewalks shall be located as follows:
10.5.1 On the subdivision side of all arterial streets adjacent to the subdivision and not
parallel by a marginal access street;
10.5.2 On the subdivision side of all collector streets adjacent to the subdivision if no
adequate sidewalk exists on the opposite side of the street;
10.5.3 On the residence side of all marginal access streets whether adjacent to the
subdivision or internal;
10.5.4 On both sides of all internal arterial streets not paralleled by a marginal access
street;
10.5.5 On the north or east side of all internal collector streets;
10.5.6 As deemed necessary by the Commission in commercial, industrial, public, multi-
family areas;
10.5.7 Such additional sidewalks as the Subdivider may desire; and
Pg. 29
Subdivision Ordinance - Town of Prosper, TX
5361 000496
10.5.8 Shall be constructed of 3000 psi concrete having a width of not less than four feet
and a minimum thickness of four inches, with number 3 bars at 18 inch centers,
both ways.
10.6 Water Installation
10.6.1 All subdivisions shall be provided with an approved water system. In the
corporate limits of the Town of Prosper all subdivisions shall be connected to the
Town's water distribution system.
10.6.2 Water lines shall be laid in streets and alleys, or, with approval of the Town
Engineer, may be laid in easements.
10.6.3 Where water lines are to be installed on private property, the Developer shall
secure the necessary easements in the name of the Town of Prosper.
10.6.4 Water mains shall be a minimum of 6" nominal internal diameter.
10.6.5 Water services for each lot shall be a minimum of 3/" type K copper. Each service
shall be provided with two in -line nylon ball cutoff valves contained inside the
meter box. The meter shall have 5/8" diameter yoke and shall be purchased from
the Town. Service to each lot shall have a maximum cover of 18 inches. Services
shall be 1" type K copper for houses with more than 2 baths, or with swimming
pools and/or yard sprinkler systems.
10.6.6 Valves shall be located such that the distance between valves is a maximum of
600 feet on 12" and smaller lines, on larger lines, spacing subject to approval of
Town Engineer. Valves shall be furnished with extensions, such that the working
nut is a maximum of 48" below grade.
10.6.7 All fire hydrants shall be painted by the Developer in accordance with the size of
the line constructed:
10.6.7.1 6 inch line — Red
10.6.7.2 8 inch line — Blue
10.6.7.3 12 inch line — Yellow
10.6.8 Reflective fire hydrant spotters shall be installed in all streets at a point adjacent to
fire hydrants.
10.6.9 Should the subdivision or addition abut and use a water main of the Town, the
Developer shall pay the Town's impact fee charge as necessary.
10.6.10 When PVC pipe is used, 12 gauge single strand wire or tracer tape, blue in color,
shall be installed in the backfill material 24 inches above the top of the pipe in
accordance with the manufacturer's recommendations.
10.6.11 Water lines shall be installed with a minimum cover over the top of the pipe of 42
inches.
Pg. 30
Subdivision Ordinance - Town of Prosper, TX
5361 000497
10.6.12 Water lines shall be pressure tested and disinfected in accordance with AWWA
C601.
10.6.13 PVC pipe shall have a 6" sand bedding, 6" of sand on each side, and 12" of sand
over top of pipe.
10.6.14 Engineering Design
The Engineering design shall conform to the latest criteria set forth in the AWWA
Standards, as published by the American Water Works Association.
10.6.15 Technical Specifications
The specification for materials and workmanship shall conform to the latest edition
of the "Standard Specifications for Public Works Construction" as published by
North Central Texas Council of Governments, or as may be specified on the
approved construction plans and specifications of the Town.
10.7 Water Sewers
10.7.1 All subdivisions shall be provided with an approved sewage disposal system and
where the subdivision is inside the Town limits of the Town of Prosper shall be
connected to the Town's sanitary sewer system.
10.7.2 The Developer shall furnish and install the complete sewage system, including the
mains, manholes, cleanouts, Y-branches, service laterals for all lots, lift stations
and appurtenances.
10.7.3 Should the subdivision or addition abut and use a sewer main of the Town, the
Developer shall pay the Town's impact fee charge as necessary.
10.7.4 Sewer pipe shall have a minimum internal diameter of 8 inches.
10.7.5 Should a lift station, either temporary or permanent, be necessary to provide
sanitary sewer service to the subdivision, the Developer shall construct the station
and all appurtenances, at his own expense. If and when the lift station is no
longer needed, the installation will, unless other provisions are made, remain the
property of the Town of Prosper for reuse or disposal.
10.7.6 Sewer service for each lot shall have a minimum, internal diameter of 4 inches.
Minimum cover at the property line shall be 4 feet. Need red tracer tape to
indicate location of sewer stub out.
10.7.7 Sewers shall be extended across the property being subdivided.
10.7.8 Offsite sewer utilities shall be constructed by Developers at no expense to the
Town.
10.7.9 Sewer lines may be constructed using the following materials or approve equal:
10.7.9.1 Ductile Iron.
10.7.9.2 Polyvinyl Chloride Pipe with integral bell.
Pg. 31
Subdivision Ordinance - Town of Prosper, TX
5361 000498
10.9
10.7.10 Pipe bedding specifications shall be subject to approval by the Town Engineer.
Six (6) inches of sand around PVC sewers with 12" sand over top of pipe.
10.7.11 Prior to acceptance, the sanitary shall be subjected to an air test and/or leakage
test.
10.7.12 All force mains, stream crossings, railroad crossings and road bores shall be
ductile iron pipe.
10.7.13 All railroad crossings and road bores shall be encased in a steel carrier pipe.
10.7.14 Manhole spacing shall not be greater than 500 feet.
10.7.15 Horizontal and vertical curves in sewer lines are not encouraged and are subject
to approval of the Town Engineer on a case -by -case basis.
10.7.16 The Town Engineer may require the Developer (Contractor) to provide a TV
examination of the sewer prior to acceptance if the sewer line is in question. Cost
to be borne by Contractor.
10.7.17 Engineering Design
The engineering design shall conform to the criteria set forth in "W PCF Manual of
Practice No. 9", latest edition as published by the American Society of Civic
Engineers and the Water Pollution Control Federal and/or "Design Criteria for
Sewage Systems", published by the Texas Department of Health and the Texas
Department of Water Resources. Exceptions areas noted below under"Technical
Specifications."
10.7.18 Technical Specifications
The specification for materials and workmanship shall conform to the latest
addition of the "Standard Specifications or Public Works Construction," published
by the North Central Texas Council of Governments, or as may be developed by
the Town and approved on the construction plans.
Monuments
10.8.1 Monuments shall be located at the intersection of a line three feet north from
parallel to the north line of each block with a line three feet from and parallel to the
east line of the block, unless such point of intersection occurs within the limits of
street paving. In such a case, alternate monument locations shall be approved by
the Town Engineer. The permanent control markers shall be set as required and
identified with standard coordinate points.
10.8.2 Where, due to topographic conditions, permanent structures, or other conditions,
the view is obstructed between any two adjacent monuments, intermediate
monuments shall be so set as to assure a clear view between adjacent
monuments.
Drainage
10.9.1 An adequate storm sewer system consisting of inlet, pipes and/or excavated
channels or natural creeks and other underground drainage structures with
approved outlets shall be constructed where runoff of storm water and the
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Subdivision Ordinance - Town of Prosper, TX
5361 000499
prevention of erosion cannot be accomplished satisfactorily by surface drainage
facilities. Areas subject to flood conditions as established by the Town will not be
considered for development until adequate drainage has been provided.
10.9.2 In general, underground drainage shall be constructed in streets and alleys. If
accepted by the Town Engineer, the Developer may provide at his own expense a
right-of-way easement of sufficient width to permit excavation and maintenance of
an open channel of satisfactory depth and width. The Developer shall complete all
necessary excavation on the channel and shall sod or seed the channel to prevent
erosion. Unless the excavated channel bottom is in Austin Chalk, Limestone, or
other similar acceptable rock, a reinforced concrete pilot channel or concrete
channel lining may be required by the Town to prevent erosion or for access
purposes. Location, type of construction of open channels shall be approved by
the Town Engineer.
10.9.3 Creeks shall be governed by Section 14 of this Ordinance. In the event of any
conflict between this Section 10.9 and Section 14, Section 14 shall control.
10.9.4 When a creek or excavated channel is to remain open, or in its natural condition, it
shall meet one of the following requirements:
10.9.4.1 Creeks or excavated channels with side slops of 4:1 or flatter from
bottom of channel to top of bank may be platted as part of individual
lots. Adequate access and floodway easements shall be provided to
insure protection of these areas for maintenance purposes.
10.9.4.2 Creeks or drainage ways with banks which have slopes steeper than
4:1 must be maintained by a maintenance entity other than individual
lot owners. In such cases, the creek or excavated channel shall meet
one of the following two requirements.
10.9.4.2a The area of the floodway shall be provided as a park or
floodway management area. Prior to acceptance of any
drainage way as a floodway management area by the
Town, the drainage way shall be cleared of all debris,
trash and all objectionable underbrush and weeds. All
provisions of Section 10.9.2 and Section 10.9.3 above
must be met.
10.9.4.2b Creeks or drainage ways in any areas which have private
maintenance provisions other than individual lot owners,
shall not be required as floodway management areas.
However, the requirements of Section 10.9.3 above shall
apply. The creeks or drainage ways in these areas shall
not be maintained by the Town. Adequate utility access
and floodway easements shall be provided to insure
protection of utility areas for maintenance purposes.
10.9.4.3 Lakes, detention ponds, and retention ponds may be constructed in all
areas provided they are approved by the Town Engineer. The Town
may assume maintenance responsibilities for this type of facility, if
Pg.33
Subdivision Ordinance - Town of Prosper, TX
5361 000500
approved by the Town Council, however, easements shall be provided
to assure protection of these areas for maintenance purposes.
10.9.4.4 Other innovative drainage concepts will be considered if approved by
the Town Engineer.
10.9.4.5 Brick or Masonry Headwalls. Headwalls constructed in Public Road
right-of-way are shall have brick or stone facing. Safety grates shall be
provided on all storm sewers.
10.9.4.6 Storm sewers may be constructed across the front and sides of all
developments other than residential.
10.9.4.7 Engineering Design
The Engineering design for storm water facilities shall conform to the
criteria set by the Town Engineer.
10.9.4.8 Technical Specifications
The specification for materials and workmanship shall conform to the
latest edition of the "Standard Specifications for Public Works
Construction," published by North Central Texas Council of
Governments, or as approved on the construction plans for the specific
project.
10.10 Blocks
Block lengths shall not exceed 1000 feet. A "T" intersection break on one side to provide
traffic outlet will conform to the 1000 feet break.
10.11 Crosswalk Ways
Crosswalk ways six feet in width shall be dedicated where deemed necessary by the
Commission to provide circulation or access to schools, playgrounds, shopping centers,
transportation and other community facilities, or to provide pedestrian circulation within the
subdivision. Crosswalk ways shall be provided with a concrete sidewalk six feet wide.
10.12 Lots
10.12.1 Lot area, width, setback lines, side yards, and rear yards requirements shall be as
required in the Town's Zoning Ordinance.
10.12.2 Front
Each lot shall front upon a public street.
10,12.3 Side Lot Lines
Side lot lines shall be substantially at right angles to straight street lines and radial
to curved street lines.
10.12.4 Extra Depth and Width in Certain Cases
Where a lot in a residential area backs up to a railroad right-of-way, a high
pressure gasoline, oil and gas line, an arterial street, and industrial area, or other
land use which has a depreciating effect on the residential use of property, and
where no marginal access street or other street is provided at the rear of such lot,
additional depth may be required by the commission. In no case shall a
residential lot depth in excess of one hundred seventy-five (175) feet be required.
Where a residential lot sides to any of the above, additional width shall be required
by the Commission, but in no event shall a width in excess of one hundred (100)
Pg.34
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feet be required.
10.12.5 Traffic
Lots for residential use shall not be fronted on arterial streets, major thoroughfares
and expressways. Lot arrangement in case of non-residential uses are subject to
the review and approval of the Town Council so that traffic congestion and
movement problems are prevented whenever possible.
10.13 Thoroughfare Screening
10.13.1 Screening Requirements - Screening is required for all Single -Family, Two -Family,
and other residential lots and subdivisions as follows:
10.13.1 a The rear of all lots that back to a street with right-of-way of sixty feet
(60') or greater;
10.13.1 b The side of all lots that side to a street with right-of-way greater than
sixty feet (60'), unless a lot sides to a median divided entry street to a
subdivision;
10.13.1 c Between any street and an adjoining parallel alley or street; and
10.13.1d The rear and/or side of all lots adjacent to a lot containing required
screening along the adjoining rear and/or side yard.
10.13.2 Lots are prohibited from backing to a street with a right-of-way of less than sixty
feet (60'). All required screening shall be installed in accordance with this
Ordinance, as it currently exists or may be amended.
10.13.3 Screening Plans - A conceptual screening detail shall be submitted for review and
approval with the Preliminary Plat. A screening plan, including entry features,
showing elevations and materials is recommended to be submitted with the Final
Plat and shall be submitted and approved prior to the filing of the Final Plat at the
county. Screening walls and fences shall be designed in accordance with the
Town's design standards. Structural elements shall be sealed by a licensed
professional engineer and approved by the Town. All required screening shall be
installed prior to Town issuance of Certificates of Occupancy for homes, excluding
model homes. The Developer may delay the installation of screening by providing
surety to guarantee the installation of the required screening. Surety shall be
defined as a bond, letter of credit, or letter of financial guarantee from a financial
institution. Required screening shall be installed within three (3) months from the
date of Town acceptance of public improvements. The Town Engineer may
increase the time to make the required screening installation, but the time shall not
exceed one (1) year from the date of Town acceptance of public improvements.
10.13.4 Landscape Plans - A landscape plan for landscaping required by this Ordinance,
as it currently exists or may be amended, is recommended to be submitted with
the Final Plat and shall be submitted and approved prior to the filing of the Final
Plat at the county. A landscape plan must be approved by the Town for all
proposed landscaping prior to planting. Landscape materials and installation shall
be in accordance with the Zoning Ordinance, as it currently exists or may be
amended, or other applicable ordinances. All required landscaping shall be
installed prior to Town issuance of Certificates of Occupancy for homes, excluding
model homes. The Developer may delay the installation of landscaping by
providing surety to guarantee the installation of the required landscaping. Surety
shall be defined as a bond, letter of credit, or letter of financial guarantee from a
financial institution. Required landscaping shall be installed within three (3)
months from the date of Town acceptance of public improvements. The Town
Engineer may increase the time to make the required screening installation, but
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the time shall not exceed one (1) year from the date of Town acceptance of public
improvements.
10.13.5 Any one or combination of the following may be used to screen thoroughfares:
10.13.5a Living Screen -This screening option shall be designed as follows:
(i) Additional R-O-W Requirements. Additional right-of-way shall be
defined as right-of-way greater than that required by this Ordinance, as
it currently exists or may be amended. Additional right-of-way shall be
provided as follows and shall be shown on the plat as "right-of-way
dedicated for landscaping and screening purposes only" to exclude
franchise utilities from this area.
(a) An average of ten feet (10') of additional right-of-way shall be
dedicated for lots that back or side to a street with a right-of-way width
greater than eighty feet (80'). [See Exhibits #1, #2, and #3 attached
hereto and incorporated herein for all purposes]
(b) An average of fifteen feet (15') of additional right-of-way shall
be dedicated for lots backing to a street with a right-of-way width of
sixty feet (60') to eighty feet (80'). [See Exhibits #1, #2, and #3
attached hereto and incorporated herein for all purposes]
(ii) Landscaping Requirements. Landscaping shall be provided as
follows:
(a) A solid screen of shrubs shall be planted within the additional
right-of-way dedicated for landscaping purposes. Shrubs shall be
spaced so as to provide a solid screen and to reach a minimum height
of six feet (6) within two (2) growing seasons.
(b) Trees shall be planted within the additional right-of-way
dedicated for landscaping. The total number of caliper inches of the
trees shall equal or exceed one (1) caliper inch per ten (10) linear feet
of frontage of the additional right-of-way. Minimum tree size shall be
three (3) caliper inches. A single species of tree shall not exceed forty-
five percent (45%) of the plantings. Trees shall be planted a minimum
of four feet (4') from easements as determined by the Town, curbs,
utility lines, screening walls, fences, sidewalks, and alleys.
(c) Berms may be used subject to approval by the Town
Engineer. The berms shall be placed outside of the required parkway,
not to exceed a 3:1 slope, and designed so as not to hinder
maintenance by the Town. Adequate information shall be provided on
the landscape plan to indicate drainage patterns.
(iii) Screening Wall and Fencing Requirements. Screening walls and
fencing shall be provided as follows:
(a) A continuous ornamental metal fence with a minimum height
of four feet (4') and a maximum height of eight feet (8'), as measured
from the nearest alley edge or sidewalk grade, shall be constructed in
accordance with Town design standards within the additional right-of-
way dedicated for landscaping purposes. The ornamental metal fence
shall be constructed of solid -stock materials and tubular steel with a
minimum of sixteen (16) gauge pickets and eleven (11) gauge posts.
(b) Where lots directly back or side to street right-of-way or
additional right-of-way for landscaping purposes, the screening shall
be a minimum of six feet (6') and a maximum of eight feet (8') in height
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as measured from the nearest alley edge or sidewalk grade, whichever
is higher. The maximum height of columns, including capstones, is
nine feet (9').
(c) A five-foot (5') wall maintenance easement shall be provided
on the plat for the residential lots adjacent to the screening wall.
(iv) Irrigation Requirements. Irrigation shall be provided as follows:
(a). Irrigation lines shall be placed a minimum of two and one-half
feet (2'W) from the sidewalk. Reduction of this requirement is subject
to review and approval by the Town Engineer.
(b) Trees and shrubs shall be irrigated by bubblier irrigation lines
only. Other landscaping may be irrigated by spray irrigation. Separate
valves shall be provided to turn off the spray irrigation line during
periods of drought or water conservation.
(c) The main irrigation line, section lines and water valve for
irrigation shall be placed a minimum of thirteen feet (13') from the back
of the curb at major intersections to accommodate right turn lanes.
(d) The Developer is responsible for installing the water meter
and back flow equipment. The Town Engineer shall approve the water
meter size and placement. The water meter shall be accessible from
the street. Rain stat controllers shall be included on each sprinkler
system.
(v) Maintenance Requirements. The Developer shall provide financial
means to maintain required screening walls, fences, and landscaping.
One of the following maintenance alternatives shall be selected and
fulfilled by the Developer, but the selection is subject to staff approval:
(a) Establishment of a homeowners association to maintain
required screening walls, fences, and landscaping. The Developer
shall provide homeowners association documents to the Town to
demonstrate financial responsibility for future maintenance, repairs,
and replacement of the required improvements. Documents
establishing the homeowners association or Property Owners
association shall be submitted to the Town for review and may be
reviewed by the Town Attorney for conformance with this and other
applicable ordinances prior to final acceptance of the subdivision. The
documents shall include, among other information required by the
Town, descriptions of:
1. operating budgets based on operating assumptions;
2. reserve budget based on facilities to be maintained;
3. subsidies budget; and
4. liability insurance.
The homeowner association shall be responsible for maintaining,
repairing, or replacing screening walls, fences, and landscaping
required by this Ordinance, as it currently exists or may be amended.
The Developer shall remain responsible for the maintenance
requirements set forth herein, until the Developer ceases to control the
homeowner's association.
(b) Subject to the discretion and approval of the Town Attorney
and Town Council, a Public Improvement District (PID) may also be
utilized to maintain landscaping improvements.
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Subdivision Ordinance - Town of Prosper, TX
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10.13.5b Berminq and Landscaping - This screening option shall be designed
as follows:
(i) Additional R-O-W Requirements. Additional right-of-way shall be
defined as right-of-way greater than that required by other provisions
of this Ordinance, as it currently exists or may be amended, or other
applicable ordinances. Additional right-of-way shall be provided as
follows and shall be shown on the plat as "right-of-way dedicated for
landscaping purposes only" to exclude franchise utilities from this area.
Twenty-five feet (25') of additional right-of-way shall be dedicated for
lots that back or side to a street with a right-of-way width of sixty feet
(60') or greater.
(ii) Landscaping Requirements. Landscaping shall be provided as
follows:
(a) A minimum of ten (10) shrubs per forty (40) linear feet shall
be planted within the additional right-of-way dedicated for landscaping
purposes. Shrubs shall be a minimum size of five (5) gallons. The
shrubs shall generally be placed between berms to provide additional
separation between the thoroughfare and the adjacent homes or
alleys.
(b) Trees shall be planted within the additional right-of-way
dedicated for landscaping. The total number of caliper inches of the
trees shall equal or exceed one (1) caliper inch per ten (10) linear feet
of frontage of the additional right-of-way. Minimum tree size shall be
three (3) caliper inches. A single species of tree shall not exceed forty-
five percent (45%) of the plantings. Trees shall be planted a minimum
of four feet (4') from easements as determined by the Town, curbs,
utility lines, screening walls, fences, sidewalks, and alleys.
(c) Berms with a 3:1 slope shall be constructed within the
additional right-of-way for landscaping and screening purposes.
Adequate information shall be provided on the landscape plan to
indicate drainage patterns.
(iii) Screening Wall and Fencing Requirements. No screening walls or
fences are required with this screening option.
(iv) Irrigation Requirements. Irrigation shall be provided as follows:
(a) Irrigation lines shall be placed a minimum of two and one-half
feet (2'/2') from the sidewalk. Reduction of this requirement is subject
to review and approval by the Town Engineer.
(b) Trees and shrubs shall be irrigated by bubblier irrigation lines
only. Other landscaping may be irrigated by spray irrigation. Separate
valves shall be provided to turn off the spray irrigation line during
periods of drought or water conservation.
(c) The main irrigation line, section lines and water valve for
irrigation shall be placed a minimum of thirteen feet (13') from the back
of the curb at major intersections to accommodate right turn lanes.
(d) The Developer is responsible for installing the water meter
and back flow equipment. The Town Engineer shall approve the water
meter size and placement. The water meter shall be accessible from
the street. Rain stat controllers shall be included on each sprinkler
system.
(v) Maintenance Requirements. The Developer shall provide financial
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means to maintain required screening walls, fences, and landscaping.
One of the following maintenance alternatives shall be selected and
fulfilled by the Developer, but the selection is subject to staff approval:
(a) Establishment of a homeowners association to maintain
required screening walls, fences, and landscaping. The Developer
shall provide homeowners association documents to the Town to
demonstrate financial responsibility for future maintenance, repairs,
and replacement of the required improvements. Documents
establishing the homeowners association or Property Owners
association shall be submitted to the Town for review and may be
reviewed by the Town Attorney for conformance with this and other
applicable ordinances prior to final acceptance of the subdivision. The
documents shall include, among other information required by the
Town, descriptions of: 1) operating budgets based on operating
assumptions; 2) reserve budget based on facilities to be maintained; 3)
subsidies budget; and 4) liability insurance. The homeowner
association shall be responsible for maintaining, repairing, or replacing
screening walls, fences, and landscaping required by this Ordinance,
as it currently exists or may be amended. The Developer shall remain
responsible for the maintenance requirements set forth herein, until the
Developer ceases to control the homeowner's association.
10.13.6 Walls Between Houses
Walls between houses shall include a side yard gate for each house. Side yard
gates may be constructed of wood or steel and conform to the wood or steel fence
standards contained herein. Masonry materials shall match house materials of the
primary structure on that lot. Where two masonry materials come together
between houses and are of a differing brick (color, blend, size, and/or texture), the
change between bricks shall be submitted to the Town Administrator for approval.
10.13.7 Location of Fences and Walls
All fences and walls must be set back six (6) feet from the front building line. No
fence or wall may be located in front of the front building plane closest to the yard
space in which the fence is located.
10.14 Provision of Amenities
For the purpose of this Section, an amenity shall be defined as an entry feature, walls,
private access gates and the associated structures, open space, recreational facilities,
parks, pond, water fountain, water feature, or other commonly owned facilities.
10.4.1 Where amenities are proposed as a part of or in conjunction with a subdivision or
addition, the following items must be provided to the Town and will require Town
review and approval prior to final acceptance of the subdivision improvements:
10.14.1.1 Plans and illustrations of the proposed amenities. It is required that a
conceptual plan for amenities be submitted for review and approval
with the Preliminary Plat.
10.14.1.2 Plans for amenities shall be incorporated into the landscape and
screening plans and are recommended to be submitted with the Final
Plat and shall be submitted and approved prior to the filing of the Final
Plat at the county.
10.14.1.3 Structural elements shall be sealed by a licensed professional
engineer and approved by the Town.
10.14.1.4 Site plan approval is required for private recreational facilities and
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Subdivision Ordinance - Town of Prosper, TX
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parks.
10.4.2 Association Documents, Deed Restrictions, Contracts and Agreements Pertaining
to the Amenities.
A homeowners association or Property Owners association shall be required to
maintain all amenities. Documents establishing the homeowners association or
Property Owners association shall be submitted to the Town for review. The
Town, in its sole discretion, may submit the documents to the Town Attorney to
review for conformance with this and other applicable Ordinances prior to final
acceptance of the subdivision. The documents shall specify:
14.4.2.1 Membership in the association is mandatory for all owners of property
within the subdivision;
14.4.2.2 All association responsibilities and property interests;
14.4.2.3 By-laws related to the governance of the association;
14.4.2.4 Covenants for maintenance assessments, which run with the land;
14.4.2.5 Responsibility for liability insurance and local taxes; and
14.4.2.6 Authority for the association to secure funds from its members
sufficient to meet its responsibilities. This authority shall include the
ability to:
10.14.2.6a collect dues;
10.14.2.6b to increase dues;
10.14.2.6c charge special assessments; and
10.14.2.6d place liens against property for failing to pay dues and
assessments.
10.4.3 Dues
Dues shall be calculated based on:
10.4.3.1 Build out of the subdivision; and
10.4.3.2 Other Town requirements as applicable; and
10.4.3.3 Written release of liability for maintenance to benefit the Town; and
10.4.3.4 Written indemnification of the Town for any damages, injuries
(including death), and/or liability resulting from the amenity; and
10.4.3.5 Funds based on an accredited cost projection analysis in escrow to the
Town or within a specific reserve account of the homeowners
association or Property Owners association for the maintenance and
removal of entry features, water features, or other amenities as
determined by the Town.
10.4.4 Design
The design of amenities shall conform to the following:
10.4.4.1 An entry feature may be constructed on public right-of-way, but may
not be constructed to suspend over a public right-of-way.
10.4.4.2 An entry feature may be placed within a median within a right-of-way
upon Town Council approval.
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10.4.4.3 An entry feature consisting of a water pond, fountain, or other water
feature shall be permitted subject to approval by the Town Engineer.
10.4.4.4 No entry feature, other than screening walls or extensions of screening
walls, may be constructed on a lot which contains or will contain a
single-family home.
10.4.4.5 Entry features shall not encroach into visibility easements or otherwise
impair pedestrian or vehicular visibility.
All amenities placed on land dedicated to the Town or within a public right-of-way,
or involving the potential use of public funds for maintenance and operation shall
require Town Council approval. The Town Council may deny any such amenity at
its sole discretion.
10.4.5 Notice to Purchasers
Builders are required to post notice in a prominent place in all model homes and
sales offices stating that a property association has been established and
membership is mandatory for all Property Owners. The notice shall state at a
minimum that the builder shall provide any person upon their request the
association documents and a five-year projection of dues income and association
expenses.
10.4.6 Maintenance Reserve Fund
Prior to the transfer of the association to the lot owners, the Developer must
provide an adequate reserve fund to the association for maintenance purposes. A
reserve study must be conducted by the Developer and reviewed by the Town to
insure that adequate funds are provided to the association.
10.4.7 Property Association Activation
Concurrent with the transfer of the association, the Developer must transfer to the
association control over all utilities related to common property and amenities to
be owned by the association. The Developer must also disclose to the association
the total cost to date related to the operation and maintenance of common
property and amenities.
11. RESPONSIBILITY FOR PAYMENT OF INSTALLATION COSTS
11.1 Water and Sewer Systems
11.1.1 Where extensions of water and sewer mains are required to serve property which
has been subdivided or platted for development and resale and the Final Plat has
been approved by the Town Council, the Town shall construct or cause to have
constructed such mains upon deposit of the total cost of such extensions, including
the cost of approach mains fronting property not owned by the Developer, but
necessary to connect the area for which application is made with the Town water
and sewer systems.
The Developer will bear the total cost of construction of off -site or approaching
mains required to interconnect property to be developed with existing mains, the
sizes to be determined by the Town in accordance with the Water Master Plan, and
with the only refunds to be the impact fee as collected by the Town. Any refund to
the Developer shall not exceed the total of the impact fee charges, or the total cost
of the actual construction, whichever is the lesser amount.
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There shall be a maximum of ten years as the period of eligibility wherein the original
depositor may request a refund of impact fee payments under this Section. In the
event the abutting property is not developed during the said ten (10) year period,
then no refund shall be made under this Section. The period of eligibility shall begin
as of the date of final inspection and acceptance of the extensions by the Town.
The Town will return all refunds due from other Developers when and as they are
received.
11.1.2 Should the subdivision abut and use a sewer or water main of the Town, the
Developer shall pay to the Town an impact fee charge as prescribed herein for use
of the same.
11.1.3 Impact fee charges shall be that portion of the total cost of the existing water or
sewer main necessary to serve the need directly generated by the subdivision being
developed, as determined by the Town Engineer.
11.2 Street Construction
11.2.1 The Developer shall be responsible for all costs for the installation of streets in a
subdivision, including those streets and related drainage structures that are deemed
by the Commission and Town Council to be required because of any or all of the
following:
11.2.1.1 A substantial amount of traffic will be generated from to or through the
subdivision because of existing and/or future conditions; or
11.2.1.2 The Town's Comprehensive Plan indicates a need for certain major streets
through or adjacent to the subdivision.
11.2.2 In the case where a subdivision lies wholly within the extraterritorial jurisdiction (ETJ)
of the Town and the subdivision shall be adjacent to or adjoin proposed major street,
the Developer shall pay Thoroughfare Impact Fees as set forth in Town Ordinance
No. 02-33, as it exists or may be amended, establishing a comprehensive fee
schedule.
11.3 Drainage
The Developer shall be responsible for all costs for the installation of the drainage system
required to accommodate the needs of the subdivision being developed to include the
carrying of existing water entering the subdivision.
11.4 Other Improvements
The Developer shall be responsible for all costs and for the installation of improvements as
set forth in this Ordinance.
12. FLOOD HAZARD AREAS
12.1 General
The flood hazard areas of the Town of Prosper are subject to periodic inundation which
results the loss of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base all of which adversely affect the public health, safety and general
welfare. These flood losses are caused by:
12.1.1 The cumulative effect of obstructions in flood plains causing increases in flood
heights and velocities, and
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12.1.2 The occupancy of flood hazard areas by uses vulnerable to floods, or hazardous
to other lands, which are inadequately elevated or otherwise protected from flood
damages. The developer or his engineer shall design all drainage facilities to
provide for the discharge resulting from development conditions up stream of the
project site.
This Section is based upon a reasonable method of analyzing flood hazards, to wit: Flood
Hazard Maps provided by the Federal Emergency Management Agency (FEMA).
12.2 Purpose
It is the purpose of this Section to promote the public health, safety and welfare, and to
minimize the losses described in Section 12.1 by provisions designed to:
12.2.1 Restrict or prohibit subdivision of lands for uses which are dangerous to health,
safety or property in times of flood or which, with reasonably anticipated
improvements, will cause excessive increases in flood heights or velocities.
12.2.2 Require that each subdivision lot in an area vulnerable to floods be provided with a
safe building site with adequate access and that public facilities which serve such
uses be installed with protection against flood damage at the time of initial
construction.
12.2.3 Protect individuals from buying lands which are unsuited for intended purposes
because of flood hazards by prohibiting the subdivision of unprotected flood
hazard lands, requiring that flood hazards area be delineated on the Final Plat,
and reserving through deed restrictions areas not suitable for development.
12.3 Application
This Section shall apply to all lands within the jurisdiction of the Town of Prosper and its
extraterritorial jurisdiction delineated as flood hazard areas on the FEMA maps.
12.4 Warnina and Disclaimer of Liabili
The degree of flood protection required under this Section is considered reasonable for
regulatory purposes and is based on engineering and scientific methods of study. Larger
floods may occur on rare occasions. Flood heights may be increased by man-made or
natural causes, such as trash jams and bridge openings restricted by debris. This
Ordinance does not imply that areas outside the delineated flood hazard areas or land uses
permitted within such areas will be free from flooding or flood damages. This Ordinance
shall not create liability on the part of the Town of Prosper or any officer or employee thereof
for any flood damages that result from reliance on this Ordinance or any administrative
decision lawfully made thereunder.
12.5 Land Suitability
No land shall be subdivided which is held unsuitable for its intended use by the Commission
for reasons of flooding, inadequate drainage, soil and rock formations with severe limitations
for development, susceptibility to mudslides or earth slides, severe erosion potential,
unfavorable topography, inadequate water supply or sewage disposal capabilities, or any
other feature harmful to the health, safety or welfare of the future residents or Property
Owners of the proposed subdivision or the community at large. However, the Commission
may approve Preliminary and Final Plats if Subdividers improve lands consistent with the
standards of this and other applicable Ordinances to make subdivision areas, in the opinion
of the Commission, suitable for their intended uses. The Commission may also approve the
Preliminary and Final Plats if Subdividers agree to make suitable improvements and place a
sum in escrow pursuant to this Ordinance to guarantee performance. In determining the
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appropriateness of land subdivision at a site, the Commission shall consider the objectives
of this Section, and
12.5.1
The danger to life and property due to the increased flood heights or velocities
caused by subdivision fill, roads, and intended uses.
12.5.2
The danger that intended uses may be swept on to other lands or downstream to
the injury of others.
12.5.3
The adequacy of proposed water supply and sanitation systems and the ability of
these systems to prevent disease, contamination and unsanitary conditions under
flood conditions.
12.5.4
The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owners.
12.5.5
The important of the services provided by the proposed facility to the community.
12.5.6
The requirements of the subdivision for a waterfront location.
12.5.7
The availability of alternative locations not subject to flooding for the proposed
subdivision and land uses.
12.5.8
The compatibility of alternative locations not subject to flooding for the proposed
subdivision and land uses.
12.5.9
The relationship of the proposed subdivision to the Comprehensive Plan and flood
Plain Management Program for the area.
12.5.10
The safety of access to the property for emergency vehicles in times of flood.
12.5.11
The expected heights, velocity, duration, rate of rise and sediment transport of the
flood waters expected at the site.
12.5.12
The costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical and water systems, and streets and bridges.
12.6 Building
Site Improvements
12.6.1 No subdivision or part thereof shall be approved if proposed subdivision levees,
fills, structures or other features will individually or collectively significantly
increase flood flows, heights, or damages.
12.6.2 Building sites for residences, motels, resorts or other dwelling or accommodation
uses shall not be permitted in floodway areas. Sites for these uses may be
permitted outside the floodway if the sites are elevated or filled to a height at least
1.5 feet above the elevation of the regulatory flood or if other provisions are made
for elevating or adapting structures to achieve the same result. Required fill areas
must extend 10 feet beyond the limits of intended structures and, if the subdivision
is not to be sewered, must include areas for onsite waste disposal.
12.6.3 Building sites for structures not included in Section 12.6.2 shall similarly not be
permitted in floodway areas. Such sites located outside floodway shall ordinarily
be protected as herein provided. However, the Commission may allow subdivision
of areas for commercial and industrial use at a lower elevation if the Subdivider
protects the areas to a height of 1.5 feet above the regulatory flood elevation by
levees, channel modifications, or other protective techniques; or if the Subdivider
assures that uses will be protected through structural flood -proofing, flood warning
system or other techniques specified in Section 12.
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12.6.4 If the Commission determines that only part of a proposed plat can be safely
developed, it shall limit development to that part and shall require that
development proceed consistent with this determination.
12.6.5 When the Subdivider does not intend to develop the plat himself and the
Commission determines that additional use controls are required to insure safe
development, it may require the Subdivider to impose appropriate deed
restrictions on the land. Such deed restrictions shall be inserted in every deed
and noted on the face of the final recorded plat.
12.7 Drainage Facilities
Storm drainage facilities shall be designed to store and convey the flow of surface waters
from a 100 year frequency storm without damage to persons or property. The system shall
insure drainage at all points along streets, and provide position drainage away from
buildings and onsite waste disposal sites. Plans shall be subject to approval by the
Planning Commission. The Commission may require a primarily underground system to
accommodate frequent floods and a secondary surface system to accommodate less
frequent floods. Drainage plans shall be consistent with local and regional drainage plans.
The Town may adopt separate drainage design criteria which shall provide specific
conditions for development.
12.8 Roads
The finished elevation of proposed streets shall be no more than 1.0 feet below the
regulatory flood protection elevation. The Commission may require, where necessary,
profiles and elevations of streets to determine compliance with this requirement. Drainage
openings shall be sufficient to discharge flood flows without unduly increasing flood heights.
12.9 Sanitary Sewer Facilities
12.9.1 The Commission may prohibit installation of sewage disposal facilities requiring
soil absorption systems where such systems will not function due to high ground
water, flooding, or unsuitable soil characteristics. The Commission may require
that the Subdivider note on the face of the plat and in any deed of conveyance
that soil absorption fields are prohibited in designed areas.
12.9.2 The Commission may prescribe adequate methods for waste disposal. If a
sanitary sewer system is located on or near the proposed subdivision, the
Commission shall require the Subdivider to provide sewage facilities to connect to
this system where practical, and shall prescribe the procedures to be followed by
the Subdivider in connecting to the system.
12.10 Water Facilities
All water systems including individual wells located in flood prone areas, whether public or
private, shall be flood -proofed to a point at or above the flood protection elevation. If there
is an existing public water supply system on or near the subdivision, the Commission may
require the Subdivider to convert to this system.
12.11 Erosion and Sediment Control Measures
The Commission may require the Subdivider to utilize grading techniques, subdivision
design, landscaping, sedimentation basins, special vegetation cover, and other measures to
reduce erosion and sediment.
12.12 Flood -Proofing
Pg.45
Subdivision Ordinance - Town of Prosper, TX
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The Commission may, as a condition of approving any plat for an area subject to flooding,
require flood -proofing of intended uses. Flood -proofing plans must be individually approved
by the Commission before such uses are constructed. Flood proofing may include:
12.12.1 Anchorage to resist flotation and lateral movement.
12.12.2 Installation of watertight doors, bulkheads, and shutters, or similar methods of
closure.
12.12.3 Reinforcement of walls to resist water pressures.
12.12.4 Use of paints, membranes, or mortars to reduce seepage of water through walls.
12.12.5 Addition of mass or weight to structures to resist flotation.
12.12.6 Installation of pumps to lower water levels in structures.
12.12.7 Construction of water supply and waste treatment systems so as to prevent the
entrance of flood waters.
12.12.8 Installation of pumps or comparable facilities for subsurface drainage systems to
relieve external foundation wall and basement flood pressures.
12.12.9 Building design and construction to resist rupture or collapse caused by water
pressure or floating debris.
12.12.10 Installation of valves or controls on sanitary and storm drains which permit the
drains to be closed to prevent back-up of sewage and storm waters into buildings
or structures.
12.12.11 Location and installation of all electrical equipment, circuits and electrical
appliances so that they are protected from inundation by the regulatory flood.
12.12.12 Location of storage facilities for chemicals, explosives, buoyant materials,
flammable liquids or other toxic materials which could be hazardous to public
health, safety and welfare at elevation above the height associated with the
regulatory protection elevation; or design of such facilities to prevent flotation of
storage containers, or damage to storage containers which could result in the
escape of toxic materials into flood waters.
13. PARKS AND OTHER PUBLIC USES
Preliminary Plats shall designate sites for schools, parks or other public areas as indicated
in the Town's Comprehensive Plan or in accordance with Town policy. The responsible
public authority shall acquire such property within eighteen (18) months of the approval of
the Preliminary Plat by the Town Council. Should the responsible public authority not
acquire such property within eighteen (18) months of the approval of the Preliminary Plat by
the Town Council, the Subdivider may proceed with development of the subdivision as
though such area were non-existent.
13.1 Conveyance of Land for Recreational Areas and Facilities
13.1.1 Purpose.
This Section 13 is adopted to ensure that adequate recreational areas in the form
of neighborhood and community parks are provided to meet the additional needs
created by new residential development.
13.1.2 Scope.
The provisions of this Section shall apply to all new residential development within
the Town and all residential subdivisions within its extraterritorial jurisdiction after
Pg.46
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the effective date of this Ordinance for which a Final Plat or Preliminary Plat is
required to be submitted to the Town for approval
13.1.3 Exemptions.
The provisions of this Section shall not apply to the following:
13.1.3.1 Residential development for property to be located on a lot of record,
Final Plat or replat which was approved prior to the effective date of
this Ordinance.
13.1.3.2 Residential development constructed or to be constructed in
accordance with a building permit issued prior to the effective date of
this Ordinance.
13.2 Neighborhood and Linear Parks and Connections to Park
This Section 13.2 shall not apply to Major Creeks as set forth in Section 14 unless otherwise
noted.
Parks must be easy to access and open to public view so as to benefit area development,
enhance the visual character of the Town, protect public safety and minimize conflict with
adjacent land uses. The following guidelines must be used in designing parks and adjacent
development:
13.2.1 Where physically feasible, parks must be bounded by streets or by other public
uses (e.g. school, library, recreation center).
13.2.2 Where residential lots must directly abut a park, lots must be oriented so as to side
and not back to the park. In this instance, cul-de-sac and looped streets must be
used to access the lots and park (see illustration: Park Access).
13.2.3 Residential lots may back to a park only when the site's physical character (e.g.
shape, topography, drainage) does not reasonably permit an alternative design or
the layout of the subdivision complements the use of the park (e.g. lots backing to
a golf course).
13.2.4 A proposed subdivision adjacent to a park may not be designed to restrict
reasonable access to the park from other area subdivisions. Street connections to
existing or future adjoining subdivisions may be required to provide reasonable
access to parks.
13.2.5 Where a non-residential use must directly abut a park, the use must be separated
by a screening wall or fence and landscaping approved by the Town. Access
points to the park may be permitted by the Town if a public benefit is established.
13.2.6 Alleys may abut a park provided that the alley does not exceed the residential lot
depth by the width of the alley. Alleys should not be designed to encourage their
use as a means of vehicular, bike or pedestrian travel to the park.
13.2.7 Public access to a park shall not be less than twenty (20) feet at the curb and
widened to fifty (50) feet in width to the Base Flood Plain and/or Maintenance
and/or Access Dedication and shall not be part of a residential lot. The Property
Owner shall install a ten (10) foot wide concrete trail from the street to the hike and
bike trail/park prior to final acceptance of the subdivision. This trail must be
blocked from motor vehicle traffic. However, the Property Owner may request to
escrow funds for the contracted amount prior to final acceptance of the subdivision
with Town approval. The escrow amount will remain in place until the trail has
been completed and accepted by the Town.
Pg. 47
Subdivision Ordinance - Town of Prosper, TX
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Pg. 48
Subdivision Ordinance - Town of Prosper, TX
5361 000515
13.2.8 A twenty-five (25) foot level surface shall be provided for a twelve (12) foot wide
public hike and bike trail when required. The twenty-five (25) foot wide level
surface can be provided within and/or outside of the Base Flood Plain and/or
Access Dedication. The parkway for the public street may count towards the
twenty-five (25) foot wide level surface. The proposed hike and bike trail shall be
shown on the Preliminary Plat. The Town Engineer or his/her designee shall
make the final determination of the placement of the public hike and bike trail at
the time of the Final Plat. Low water crossings for the hike and bike trail may be
permitted with approval from the Town Engineer or his/her designee. The hike
and bike trail shall be designed so as to minimize visibility blind spots from public
streets for public safety purposes.
13.2.9 Streets abutting a park shall be built in accordance with the thoroughfare plan, the
standards of this Ordinance and all other applicable construction standards and/or
ordinances, as they exist or may be amended; however, the Town may require
any residential street built adjacent to a park to be constructed to collector street
width to ensure access and prevent traffic congestion.
13.2.9.1 When park land is acquired, the Town shall reserve sufficient land to
provide the additional right-of-way required for an abutting collector
size street, sixty (60) feet of right-of-way, unless otherwise approved
by the Town.
13.2.9.2 The proposed street alignment fronting on Town parks is subject to
Town approval. Land owners shall also provide street access to all
Major Creeks and/or Access Dedications.
13.2.10 Dedication Requirements
13.2.10.1 Conveyance or Money in Lieu of Land
The owner of any property to be developed for residential purposes
shall convey for park purposes land or make a payment of money in
lieu of land, or a combination of both, to the Town at the time of
rezoning or subdivision to provide for the recreational needs created
by such development, in accordance with the provisions of this
chapter.
13.2.10.2 Proposed Number of Dwelling Units
All plats, lots of record, replats, site plans or proposed improvements
of land for new residential development, required to be submitted to
the Commission, park board, and/or Town Council, shall indicate the
number of proposed dwelling units to be constructed or placed within
the development on such plat, lot of record, replat or site plan.
13.2.10.3 Determination of Requirements
In reviewing any lot of record, plat, site plan or proposed improvements
of land for a new residential development, the Town Council and park
board shall, except where a payment of money in lieu of land is
automatically required to be made under this Section 13, make a
determination of whether a conveyance of land, payment of money in
lieu of land or a combination of both shall be made to meet the
requirements of this Section.
13.2.10.4 Factors Considered
In making a determination of which type of dedication, or combination
thereof, shall be made, the Commission shall recommend what would
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Subdivision Ordinance - Town of Prosper, TX
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be in the best interest of the Town, based upon relevant factors which
may include, but not be limited to, the following:
13.2.10.4a Whether the proposed land to be conveyed for park
purposes would be suitable as a neighborhood, linear,
community, or Town park.
13.2.10.4b The parks and recreation comprehensive plan for the
area in which the development is located.
13.2.10.4c The recommendation of the park board or the
department of parks and recreation.
13.2.10.4d Whether the proposed land to be conveyed for park
purposes is adjacent to an existing or proposed school
site.
13.2.10.4e Whether there is sufficient existing public or private
park land in the area of the proposed development.
13.2.10.4f Whether the park needs of the area where the
proposed development is located would be best served
by expanding or upgrading existing parks.
13.2.10.4g Land located adjacent to a greenbelt park.
13.3 Suitability
A proposed conveyance of land shall not be considered suitable for neighborhood or
community park purposes if it has one or more of the following characteristics:
13.3.1 Located within the 100-year floodplain, as shown on the latest flood insurance rate
map or floodplain Ordinance adopted by the Town on which the Federal
Emergency Management Agency has delineated both the areas of special flood
hazard and the risk premium zones applicable to the community. The Town may
take more than the 20 percent floodplain land if it is determined in the best interest
of the Town.
13.3.2 The proposed park site dedication is less than seven and one half (7.5) acres fora
neighborhood park or twenty (20) acres for a community park, unless the
proposed dedication is located in such a manner in which it could be combined
with other dedications to create a park of adequate size.
13.3.3 It has unusual topography or slope which renders it unsuitable for organized
recreational activities or passive park needs, depending on the Town's intended
use for the park.
13.3.4 It does not or would not front an improved public street or would not be readily
accessible, in whole or in part, to the public.
13.4 Conveyance of Land Requirements
Where the Town Council determines that a conveyance of land shall be required, in whole
or in part, to meet the requirements of this Section, the following provisions shall apply:
13.4.1 Amount
Any required conveyance of land shall be in an amount proportionally equal to five
percent (5%) of the total tract acreage on all proposed residential developments.
13.4.2 Manner and Method.
Plats required to be submitted to the Town for approval, shall show thereon a fee
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Subdivision Ordinance - Town of Prosper, TX
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simple conveyance to the Town of the land required by this Section for park
purposes as a condition to approval of such plat by the Town Council, and the
Town may further require the conveyance of the park property by general warranty
deed. As a condition to acceptance of the plat or deed by the Town, the
Subdivider shall provide the Town with an owner's title policy of insurance in an
amount equal to the value of the land conveyed, which amount shall be
determined by the Town.
13.4.3 Credit for Prior Dedications
Where a dedication of land was made prior to the effective date of this Section 13
by the owner of land required to convey land under the provisions of this Section
13, the former dedication of land shall be credited on a per -acre basis toward the
required conveyance provided by this Section 13 when the Town Council finds
that:
13.4.3.1 The dedication was made within five (5) years of the effective date of
this Ordinance from which this Section derives;
13.4.3.2 The land dedicated was within one-half (1/2) mile of the new
development for which land is required to be conveyed;
13.4.3.3 The land dedicated is not being presently used for purposes
incompatible with park purposes and is suitable for park purposes; and
13.4.3.4 A credit may be given for on -site improvements that are compatible
with long-range development plans for the proposed park.
The credit provided for herein shall not be transferable and shall only be given to
the donor of the land who is the owner of the property being developed for which a
conveyance of land is required by this Section, unless said prior conveyances
were included as a part of an executed facilities and/or development agreement
with the Town and the Developer.
13.4.4 Credit for Private Recreation Facilities
Where private recreation facilities are built for the residents for the subdivision or
development, a credit may be granted by the Town Council. The value of these
private recreation facilities shall be determined by the Town Council, but shall not
exceed fifty percent (50%) credit of conveyance.
13.5 Money in Lieu of Land
Where the Town Council determines that a payment of money in lieu of land shall be made,
the following provisions shall apply:
13.5.1 Any payment of money required to be paid shall be in an amount equal to the
average per -acre value of the whole property included within the residential
development, the amount set forth in the Fee Schedule Ordinance No. 02-33 as it
currently exists or may be amended, whichever is greater.
13.5.2 In determining the average per -acre value of the total land included within the
proposed residential development, the Town Council may base its determination
on one or more of the following:
13.5.2a The most recent appraisal of all or part of the property made by the
central appraisal district; or
13.5.2b Confirmed sale prices of all or part of the property to be developed, or
comparable property in close proximity thereof, which have occurred
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Subdivision Ordinance - Town of Prosper, TX
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within two years immediately preceding the date of determination; or
13.5.2c Where, in the judgment of the Town Council, Section 13.5.2a or
13.5.2b above would not, because of changed conditions, be a reliable
indication of the then -current value of the land being developed, an
independent appraisal of the whole property obtained by the Town and
paid for by the Developer; or
13.5.2d The amount set forth in the Fee Schedule Ordinance No. 02-33 as it
currently exists or may be amended.
13.5.3 Time of payment. Any payment of money required herein shall be paid as a
condition to the approval of any Final Plat or replat. Payment shall be made prior
to the signing of the plat unless otherwise stated in a facilities agreement
approved by the Town Council.
13.5.4 Park development fund. All cash payments paid to the Town in accordance with
this Section 13 shall be deposited in a separate park development fund. The Town
shall account for all such payment with reference to each development for which
the payment is made.
13.5.5 Use of funds. Any payments made to the park development fund must be used for
the acquisition, development, expansion or upgrading of parks located within the
same park district or general area where the proposed development for which
payment was made is located.
13.5.6 Right to refund. If all or part of the payments made for a development are not
expended for the purposes authorized herein within five (5) years of the date that
95 percent of all certificates of occupancy have been issued for the completed
development of the property for which the payments were made, the person or
entity who made such payments shall be entitled to a refund on all unexpended
funds if a request for a refund in writing has been made within six (6) months of
entitlement. If no such timely request is made, the right to a refund of the
unexpended funds shall be considered waived.
13.5.7 Compliance
13.5.7.1 Requirements to be Satisfied Prior to Development. It shall be
unlawful for any person who is required to convey land, or pay money
in lieu of land, to begin, or allow any other person or contractor to
begin, any construction or improvements on any land within any
development until the required conveyance of land, or payment of
money in lieu of land, is made to the Town in accordance with this
Section 13.
13.5.7.2 Permits and Services to be Withheld. No building permits shall be
issued for, and no permanent utility services shall be provided to, any
land within any development until the required conveyance of land, or
payment of money in lieu of land, is made to the Town in accordance
with this Section 13.
13.5.8 Prosper Park Improvement Fee
13.5.8.1 Purpose
A park improvement fee ("park fee") is hereby imposed on residential
development for the purpose of assuring that Town, community,
neighborhood and linear park facilities are available and adequate to
Pg.52
Subdivision Ordinance - Town of Prosper, TX
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meet the needs created by such residential development. The park fee
is imposed in conjunction with and in addition to requirements for the
dedication of neighborhood and linear park land and the construction
of neighborhood and linear park improvements for which contributions
the Property Owner may be reimbursed from proceeds of park fees
imposed, as provided in Section 13.5.11.
13.5.8.2 Applicability of Park Fee
13.5.8.2a In all cases in which land is dedicated or cash is paid in lieu
of dedication, the Subdivider shall pay to the Town a sum
of money, as set forth by Section 13.5.9. This sub -section
does not apply to activities involving the replacement,
reconstruction, remodeling, rehabilitation or other
improvements to an existing residential structure, or to the
rebuilding of a damaged structure or to permits required for
accessory uses, unless such activity results in a change in
the type or increase in the number of dwelling units.
13.5.8.2b For purposes of this Section, property is "served by" park
facilities when funds collected for such facilities have been
spent for park facilities within ten (10) years from the date
of collection.
13.5.8.3 Imposition of Park Fee
13.5.8.3a Payment of the park fee shall be made prior to the
acceptance of public improvements by the Town. If no
public improvements are required, such payment shall be
made prior to filing the record plat.
13.5.8.3b Imposition of the park fee does not alter, negate,
supersede or otherwise affect any other requirements of
Town, county, state or federal legislation or regulations that
may be applicable to a residential development, including
Town zoning and/or subdivision regulations that may
impose open space and park requirements and standards.
13.5.8.3c The provisions of this Section 13.5.8 shall not be construed
to limit the power of the Town to utilize other methods
authorized under state law or pursuant to other Town
powers to accomplish the purposes set forth herein, either
in substitution or in conjunction with this Section.
Guidelines may be developed by resolution, Ordinance or
otherwise to implement and administer this Section 13.5.8.
13.5.9 Amount of Park Improvement Fee
13.5.9.1 There is hereby established a park fee for single-family dwelling units
in the amount of one thousand dollars ($1000.00) per unit, and a park
fee for multifamily dwelling units in the amount of seven hundred fifty
dollars ($750.00) per unit.
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Subdivision Ordinance - Town of Prosper, TX
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13.5.10 Processing and Collection of Park Improvement Fee
13.5.10.1 Upon acceptance of a Final Plat, the Town shall calculate the amount
of the applicable park fee due. The park fee rate in effect at the time of
acceptance of the Final Plat shall be used to calculate the park fee.
13.5.10.2 The applicable park fee shall be collected prior to the signing of the
plat unless otherwise stated in an agreement approved by the Town
Council.
13.5.11 Use of Park Improvement Fee
13.5.11.1 Park fees must be used for the following purposes:
13.5.11.1a To acquire and develop Park Facilities
13.5.11.1 b To repay Developers for the reasonable costs of any park
improvements constructed and accepted by the Town. For
multifamily development projects and for complete phases
of a single-family subdivision plat, the Developer may
elect to apply the entire amount to be reimbursed under
this Section as a credit against park fees due for the
residential development; provided that the application of
the credit does not result in a partial fee for any dwelling
unit, in accordance with guidelines established by the
Town. The Town shall retain sole discretion to determine
whether to accept proposed park improvements.
13.5.11.2 The amount of the reimbursement shall be based upon standards
promulgated by the Town, which may be adopted as administrative
guidelines.
13.5.11.3 A Developer shall propose the construction of park improvements in
conjunction with the subdivision platting process. The Town shall
determine the amount of reimbursement due in accordance with the
standards referenced herein. In the event that the Developer is
dissatisfied with the Town's determination of the amount of
reimbursement, he may at his own expense seek an appraisal to be
performed by a qualified appraiser acceptable to the Town. The Town
Council shall compare the appraisal with the standards established by
the Town and shall determine the amount to be reimbursed.
13.5.12 Accounting Procedures for Park Improvement Fees
13.5.12.1 All park fee payments shall be segregated in a separate fund to be
spent only for the improvement of Park Facilities within the Town that
will meet the needs of the residents of the development or subdivision
in respect of which such payment was made.
13.5.12.2 The Town shall maintain and keep financial records for park fees,
which shall show the source and disbursement of all fees collected.
13.5.13 Refunds of Park Improvement Fees
13.5.13.1 The current owner of property on which a park fee has been paid may
apply for a refund of such fee if:
Pg. 54
Subdivision Ordinance - Town of Prosper, TX
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13.5.13.1 a
The property on which a park fee has been paid has not
been served by Park Facilities, as provided herein.
13.5.13.1 b
Only the current owner of property may petition for a
refund. A petition for refund may be filed within six (6)
months of the event giving rise to the right to claim a
refund.
13.5.13.1 c
The request for refund must be submitted to the Town
Administrator or his/her designee. The request must
contain: A certified copy of the latest recorded deed for
the subject property; current legal description; and a
statement of the reasons for which a refund is sought.
13.5.13.1 d
A refund shall be paid only if the Town Administrator
determines that the total park fee collected for the
residential development for which a refund is being
sought exceeds the total expenditures from the park fee
account for a period of ten (10) years from the date of
collection of the park fee ("excess amount"). The refund
amount shall be the development's pro rata share of the
excess of fees collected over expenditures. The Town
may periodically compute the difference between
expenditures and fees collected for purposes of
reviewing refund requests under this subsection. After
the expiration of at least six (6) months after refunds are
due under this Subsection, the Town Council may, after
notice by publication in the section of a local newspaper
reserved for legal notices, and after a public hearing, vote
to apply any unclaimed excess amounts to the
acquisition or construction of any Park Facilities that will
benefit the Town. When the Town Council votes to apply
the excess amounts, the right to refund of the applied
excess amounts shall be extinguished.
13.5.13.1e Within forty-five (45) days of the date of receipt of a
petition for refund, the Town Administrator must provide
the petitioner, in writing, with a decision on the refund
request. The decision must include the reasons for the
decision. If a refund is due petitioner, the Town
Administrator shall notify the Town's finance department
and request that a refund payment be made to petitioner.
13.5.14 Appeals and Variances
13.5.14.1 The Developer may appeal the following decisions of the Town
Administrator to the Town Council:
13.5.14.1 a The applicability of the park fee;
13.5.14.1 b The amount of the fee due; or
13.5.14.1 c The amount of refund due, if any;
Pg.55
Subdivision Ordinance - Town of Prosper, TX
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The burden of proof is on the appellant to demonstrate
that the amount of the fee, the amount of the credit or
reimbursement was not calculated according to the
applicable schedule of fees or the guidelines established
for determining such amounts. The appellant must file a
notice of appeal with the Town Council within thirty (30)
days following the determination by the Town
Administrator. If the notice of appeal is accompanied by
a bond or other sufficient surety satisfactory to the Town
Attorney in an amount equal to the park fee due as
calculated by the Town Administrator, the development
application shall be processed. The filing of an appeal
shall not stay the collection of the fee due, unless a bond
or other sufficient surety has been filed.
13.5.14.2 The Town Council may grant a variance from any requirements of this
Section, upon written request by a Property Owner subject to this
Section, following a public hearing, and only upon a finding that a strict
application of such requirement would result in a substantial hardship
which is not common to similarly situated Property Owners.
13.5.15 Park fee as additional and supplemental requirement.
The park fee is additional and supplemental to and not in substitution of any other
requirements imposed by the Town on the residential development of the land.
14. MAJOR CREEKS
14.1. Base Flood Plain Restrictions - For the health, safety, and welfare of the present and future
population of the Town and for the conservation of water, drainage, and sanitary facilities,
the Town prohibits development of any portion of the property which lies within the Base
Flood Plain of any Major Creek. These Major Creeks shall be preserved from any and all
destruction or damage resulting from clearing, grading, or dumping of earth, waste or
material, or stumps, except at the discretion of the Town.
14.2. Major Creek Restrictions — The Major Creeks shall be in an open natural condition
beginning at the headwater(as determined by the Federal Emergency Management Agency
and/or the U.S. Army Corps of Engineers) of each Major Creek. Each Major Creek is
subject to the following requirements:
14.2.1 For single-family residential developments the Base Flood Plain must be
dedicated on a Final Plat to the Town as a single lot or to an approved homeowner
association ("HOA"), approved by the Town, pursuant to Subsection 14.2.2. The
Base Flood Plain shall not be contained in a single-family residential lot. The
Town Council may waive this dedication requirement for replats that were
originally platted prior to the adoption of this requirement.
14.2.2 For single-family residential developments, the Base Flood Plain and/or Access
Dedication, as defined herein, may be owned and maintained by an HOA. The
HOA's by-laws and covenants, which must be approved by the Town and filed of
record in the county land records where the property is located, shall provide: (i)
for Town access for emergency vehicles, equipment and personnel and to
Pg.56
Subdivision Ordinance - Town of Prosper, TX
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improve and/or maintain the Base Flood Plain and Access Dedication in the event
they are not being properly maintained as determined by the Town Engineer, and
(ii) provide that the HOA shall reimburse the Town for any and all costs incurred
by the Town for maintenance. The Final Plat shall contain the following: (i) a grant
allowing the Town access for emergency vehicles, equipment and personnel and
to improve and/or maintain the Base Flood Plain and/or Access Dedication in the
event they are not being properly maintained as determined by the Town
Engineer; and (ii) an obligation that the HOA shall reimburse the Town for any and
all costs incurred by the Town for maintenance.
14.2.3 For non-residential developments, the Base Flood Plain and/or Access Dedication,
as defined herein, must be dedicated on the Final Plat as a single lot to the Town
or to an approved property management entity, approved by the Town, pursuant
to Subsection 14.2.4. The Town Council, in its discretion, may waive this
dedication requirement for replats that were originally platted prior to the adoption
of this requirement.
14.2.4 For non-residential developments, the Base Flood Plain and/or Access Dedication,
as defined herein, may be owned and maintained by an property management
entity and/or the Property Owner. The Final Plat shall contain the following: (i) a
grant allowing the Town access for emergency vehicles, equipment and personnel
and to improve and/or maintain the Base Flood Plain and/or Access Dedication in
the event they are not being properly maintained as determined by the Town
Engineer; and (ii) an obligation that the property management entity and/or the
Property Owner shall reimburse the Town for any and all costs incurred by the
Town for maintenance.
14.3 Residential Development Criteria Along Major Creeks:
14.3.1 A minimum of sixty percent (60%) of the linear frontage of the Base Flood Plain
and/or Access Dedication in each Final Plat shall have adjacent to it one (1) or
more of the following types of streets:
(i) Parallel streets
(ii) Loop streets
(iii) Cul-de-sacs (more than two (2) consecutive cul-de-sacs without separation
by a looped street or parallel street is prohibited). Refer to Section 13
regarding access width to Base Flood Plain and/or Access Dedication.
(iv) Any lot that sides to the Base Flood Plain and/or Access Dedication shall
have a side yard setback of fifteen (15) feet.
14.3.2 A maximum of forty percent (40%) of the linear frontage of the Base Flood Plain
and/or Access Dedication in each Final Plat may have lots backing to a Major
Creek. When a lot backs to a Major Creek the following is required:
(i) Any lot that backs to the Base Flood Plain and/or Access Dedication shall have
a rear yard setback of twenty-five (25) feet;
(ii) Alternating cul-de-sacs and looped streets shall be provided at intervals not to
exceed twelve -hundred (1,200) feet for access to the Base Flood Plain and/or
Access Dedication; and
(iii) The Base Flood Plain and/or Access Dedication shall be available to public
access from the end of a cul-de-sac in the manner required in Section 13.
14.3.3 Section 14.3.1 does not apply to properties which have an approved concept plan
that is part of a planned development ordinance adopted prior to the effective date
Pg.57
Subdivision Ordinance - Town of Prosper, TX
5361 000524
of this Ordinance; provided, however, said properties are subject to the following
conditions:
(i) Any lot that backs to the Base Flood Plain and/or Access Dedication shall have
a rear yard setback of twenty-five (25) feet;
(ii) Any lot that sides to the Base Flood Plain and/or Access Dedication shall have
a side yard setback of fifteen (15) feet.
(iii) Alternating cul-de-sacs and looped streets shall be provided at intervals not to
exceed twelve -hundred (1,200) feet for access to the Base Flood Plain and/or
Access Dedication; and
(iv) The Base Flood Plain and/or Access Dedication shall be available to public
access from the end of a cul-de-sac in the manner required in Section 13.
14.3.4 Properties adjacent to a golf course that exist or are under construction on the
date of filing a Preliminary Plat ("under construction" shall mean the Town
Engineer has issued a permit for full release and dirt work is being performed on
the site), shall be allowed to have lots backing to the Base Flood Plain and/or
Access Dedication subject to the following conditions:
(i) Any lot that backs to the Base Flood Plain and/or Access Dedication shall have
a rear yard setback of twenty-five (25) feet;
(ii) Any lot that sides to the Base Flood Plain and/or Access Dedication shall have
a side yard setback of fifteen (15) feet.
(iii) Alternating cul-de-sacs and looped streets shall be provided at intervals not to
exceed twelve -hundred (1,200) feet for access to the Base Flood Plain and/or
Access Dedication; and
(iv) The Base Flood Plain and/or Access Dedication shall be available to public
access from the end of a cul-de-sac in the manner required in Section 13.
14.3.5 The proposed street alignment fronting on Town parks is subject to Town
approval.
14.3.6 Residential lots that are allowed to back or side to the Base Flood Plain and/or
Access Dedication shall have an ornamental metal fence along the rear and side
of the lots subject to Town review and approval. The lot owner is responsible for
the maintenance of the fence.
14.3.7 A no -build and preservation easement(s) shall be provided on lots and open space
lots as shown on the Final Plat to preserve topography and vegetation (the "no -
build and preservation easement(s)"). A minimum twenty (20) foot building
setback shall be provided adjacent to the no -build and preservation easement(s).
Pools and decks shall be permitted within the twenty (20) foot setback, but not in
the no -build and preservation easement(s), within the platted lot, and shall meet
the minimum setbacks as specified in the Zoning Ordinance, and any
amendments thereto. Neither grade changes nor vegetation removal shall occur
within the no -build and preservation easement(s) without prior Town Engineer
approval.
14.3.8 At the request of the Town, the Property Owner shall submit the following
documents with the Preliminary Plat that includes property along a Major Creek:
(i) Wetland Delineation Study;
(ii) Habitat Study; and
(iii) Vegetative Study
Pg.58
Subdivision Ordinance - Town of Prosper, TX
5361 000525
These studies shall be considered in the review of the Preliminary Plat regarding
development along a Major Creek.
14.4 Streets
The size of streets adjacent to the Base Flood Plain and/or Access Dedication shall have a
minimum right-of-way width of fifty (50) feet. The Town shall participate in fifty percent
(50%) of the paving costs when the Town determines that a collector size street, sixty (60)
feet of right-of-way width, is necessary.
14.5 Maintenance and Access Dedication
The Property Owner or Subdivider must provide sufficient access on each side of and
parallel to the Base Flood Plain of each Major Creek for Town access for emergency
vehicles, equipment and personnel and to improve and/or maintain the Base Flood Plain.
The access shall be above the Base Flood Plain elevation. Streets and alleys abutting the
Base Flood Plain may substitute for the Access Dedication subject to Town Engineer
approval. Access to the Access Dedication must also be provided at a maximum twelve
hundred (1,200) foot spacing along streets or alleys. The Town Engineer shall determine
the location and size of the Access Dedication. The minimum width of the Access
Dedication shall be twelve (12) feet. Permanent monuments, the type and location of which
will be determined by Town Engineer, shall be placed by the Property Owner along the
boundaries of the Access Dedication and private property.
14.6 Appeal from Requirements of Section 14.0 Major Creeks
14.6.1 An appeal for relief from the regulations set forth in Section 14.0 may be made to
and shall be considered by the Town Council.
14.6.2 Any appeal must be submitted in writing to the Town Council with submission of a
Preliminary Plat. The appeal, at a minimum, shall specifically identify the
regulation complained of, the relief requested, and the evidence to support the
relief requested.
14.6.3 The Subdivider has the burden of proof to establish by clear and convincing
evidence that a proposed regulation set forth in Section 14 does not meet
constitutional guarantees and/or statutory requirements.
14.6.4 If the Subdivider meets its burden of proof, the Town Council shall have the right
to grant relief from the regulations set forth in Section 14.
15. WHERE SUBDIVISION IS UNIT OF A LARGER TRACT
15.1 Where the proposed subdivision constitutes a unit of a larger tract owned by the Subdivider,
which is intended to be subsequently subdivided as additional units by the same
subdivision, the Preliminary and Final Plats shall be accompanied by a layout of the entire
area, showing the tentative proposed layout of streets, blocks, drainage, water, sewage, and
other improvements for such areas.
15.2 The overall layout, if approved by the Commission, shall be attached to and filed with a copy
of the approved subdivision plat in the permanent files of the Planning and Zoning
Commission. Thereafter, plats of subsequent units of such subdivision shall conform to
such approved overall layout, unless changed by the Commission. However, except where
the Subdivider agrees to such change, the Commission may change such approved overall
layout only when the Commission finds:
15.2.1 That adherence to the previously approved overall layout will hinder the orderly
subdivision of other land in the area in accordance with the provisions of this
Ordinance; or
Pg. 59
Subdivision Ordinance - Town of Prosper, TX
5361 000526
15.2.2 That adherence to the previously approved overall layout will be detrimental to the
public health, safety or welfare, or will be injurious to other property in the area.
16. AUTHORITY OF THE PLANNING AND ZONING COMMISSION
The Commission, if existing, 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, gates for utility easements, sidewalks, water supply and water distribution
systems, fire hydrants, sewage disposal systems, septic tanks, water wells, monuments,
criteria for drainage easement requirements, drainage facilities and crosswalk ways that are
consistent with this Ordinance, and shall be subject to Town Council approval. They shall
file same with the Town Secretary at least thirty (30) days before they become effective.
They may amend the same from time to time, provided that an amendment must be filed
with the Town Secretary at least thirty (30) days before it becomes effective and shall be
subject to Town Council approval. No such rules, regulations, standards and specifications
shall conflict with this or any Ordinances of the Town of Prosper, Texas. All such
improvement shall be constructed, installed, designed, located and arranged by the
Subdivider in accordance with such rules, regulations, standards and specifications.
Pg. 60
Subdivision Ordinance - Town of Prosper, TX
Exhibit #1 for 7.09 (15)
I
Single -Family Lots
Property Line and Screening Wall
cn Cn
10 - 15 Feet of R-O-W Dedication for Landscaping Purposes W
o iO
a
m
C R-Q-W for Utility Placement
0
o
f Curb Line ,
Cll
a Collector or Majc horotaghfare FV
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x,
Exhibit #'A., or 7.09 (15)
R-D-W Dedication for Landscaping Purposes to average 90 -15 Feet
R-b-W for Utility Placement
Collector or Major Thoroughfare
Xr.
Curb Line
Cil
w
O
O
O
cn
N
OD
T
a
N
O
Q
DJ
Exhibit #3 for 7.09 (15)
R-a-W Dedication for Landscaping Purposes to average 10 -15 Feet
R•O-W for Utility Placement
Collector or Major Thoroughfare
Curb Line -
O
CD
O
Un
IV
ko
5361 000530
Exhibit #4 for 7.09 (15)
Single -Family Lots
Property Line and Ornamental Metal Fence
W.M.F.
-NF==NIP"R-AMMEMMOWM
h_ 150 Feet
10 - 15 Feet of R-O-W Dedication for Landscaping Purposes
with Trees 25 feet o.c.
R-O-W for Utility Placement
Curb Line.,
Collector or Major Thoroughfare
Pg. 64
Subdivision Ordinance - Town of Prosper, TX
5361 000531
City of Prosper
P.O. Box 307
Prosper, TX 75078
ANY PROVISION HEREIN WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE
DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND
UNENFORCEABLE UNDER FEDERAL LAW
(THE STATE OF TEXAS) (COUNTY OF COLLIN)
I hereby certify that this instrument was FILED ialhe File Number Sequence on Ito date
and the time stamped hereon by me; and was duly RECORDED, in the Official Public
flecords of Maji Property of Collin Cdunly, Te%53 on
FEB 2 0 2003
��pF Cn(r ti�
of �i
Brenda Taylor �oO�
F.i R card r7:
o 1.in l:OL I-y. Ple'inney Tx
Honorable li•rertda Taylor
Coll in CoLur;ty Clerk.
On Feb 20 '003
At 10:19am
Doc/NiLtrn : 2003- 0032103
Recording/Type:uD 143.00
Receipt #: 6853
D
0
PUSL = S HER ' S AFF = DAV = T
THE STATE OF TEXAS
COUNTY OF COLLIN
Before me, this undersigned authority, on this day personally appeared Jim Moser who being by me duly sworn, deposes
and says that he is the Publisher of The M`cXinney C-ourier-Gazette and that said newspaper meets the requirements of
Section 201.004, 201.005 and 201.006 of the Texas Government Code, to wit:
Printer's Pee
(Jl/1lU No. bi ::�' Description:x4laa_�
A _ i /
1. It devotes not less than twenty-five percent (251) of its
total column lineage to general interest items;
2. it is published at least once each week;
3. it is entered as second-cIass postal matter in the county
where it is published;
4. it has been published reguianly and continuously since
1897; and
5. it is generally circulated within Collin County.
Publisher further deposes and says that the attached notice was published in said newspaper on the following date(s)
to wit;
Jim Moser
Editor and Publisher
SUBSCRIBED AND SWORN BEFORE ME by Jim Moser who
a) is personally known to me, or
4VVJ 8L
b) provided the following evidence to establish his/her identity,
on this the �` day o A.D! 200rtify Which witness my han� seal of office.
Notary Public; M ate of Texas
( SEAL) S
COMMISSION EXPIRES&ME
f Texas
mmissjon p
V
�To be published in theN
McKinney Courier -Gazette on
Friday, February 21, 2003.
LEGAL NOTICE
TOWN OF
PROSPER,TEXAS
ORDINANCE NO. 03-05
AN ORDINANCE OF THE
TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS
REPEALING PROSPER'S
SUBDIVISION ORDINANCE
NO. 85-26 AND ADOPTING A
NEW SUBDIVISION
ORDINANCE DEFINING THE
GENERAL RULES AND
REGULATIONS GOVERNING
PLATS AND THE
SUBDIVISION OF LANDS
FOR THE PURPOSE OF
PROVIDING SAFE, ORDERLY
AND HEALTHFUL
DEVELOPMENT WITHIN THE
1%,LOWN AND ITS EXTRA
TERRITORIAL
JURISDICTION AND TO
PROMOTE THE HEALTH,
SAFETY, MORALS AND
WELFARE OF THE TOWN;
SETTING FORTH GENERAL
PROVISIONS; DEFINING
TERMS; ESTABLISHING
PROCEDURES FOR
PRELIMINARY PLATS AND
PLATS: PROVIDING
GENERAL REQUIREMENTS,
DESIGN STANDARDS AND
SPECIFICATIONS: SETTING
FORTH RESPONSIBILITY
FOR PAYMENT: REQUIRING
IMPROVEMENTS,
DEDICATIONS AND FEES;
PROVIDING APPEAL
PROCEDURES; PROVIDING
FOR A PENALTY FOR THE
VIOLATION OF THIS
ORDINANCE; PROVIDING
FOR SAVINGS, REPEALING
AND SEVERABILITY
CLAUSES; PROVIDING FOR
AN EFFECTIVE DATE; AND
PROVIDING FOR THE
PUBLICATION OF THE
CAPTION HEREOF.