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OR 94-643 Amends City Code by prescribing rules governing plats & subdivisions of land SUBDIVISION ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 94643 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 13 OF THE COPPELL CITY CODE; PRESCRIBING RULES AND REGULATIONS GOVERNING PLATS AND SUBDIVISIONS OF LAND WITHIN THE CORPORATE LIMITS AND EXTRATERRITORIAL JURISDICTION OF THE CITY OF COPPELL, TEXAS, CONTAINING CERTAIN DEFINITIONS; PROVIDING FOR PRELIMINARY PLAT; PROVIDING FOR A FINAL PLAT AND PROVIDING FOR FINAL APPROVAL OF SUBDIVISIONS AND SUBDIVISION PLATS; PRESCRIBING REGULATIONS FOR FILING PLATS, SUBDIVISION CONSTRUCTION, ACCEPTANCE OF SUBDIVISIONS AND ISSUANCE OF BUILDING PERMITS; PRESCRIBING FEES TO BE CHARGED; REPEALING ANY PART OF ANY ORDINANCE IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, by Chapter 212 of the Local Government Code, the laws of the State of Texas provide that every owner of any tract of land situated within the corporate limits who may divide the same in two or more parts for the purpose of laying out any subdivision of any tract of land or any addition to any town or city, or for laying out suburban lots or building lots, or any lots, and streets, alleys or parks or other portions intended for public use, or the use of purchasers or owners of lots fronting thereon or adjacent thereto, shall cause a plat to be made thereof which shall accurately describe all of said subdivision or addition by metes and bounds and locate the same with respect to an original corner of the original survey of which it is a part, giving the dimensions of said subdivision or addition, and the dimensions of all streets, alleys, squares, parks or other portions of same intended to be dedicated to public use, or for the use of purchasers or owners of lots fronting thereon or adjacent thereto; and WItEREAS, said law provides that the governing body of any city may extend, by ordinance, to all of the area under its extraterritorial jurisdiction the application of the city's ordinance establishing rules and regulations governing plats and the subdivision of land; and WHEREAS, the City Council of the City of Coppell, Texas, being so empowered by law, does hereby promulgate and establish such a plan for the City of Coppell, Texas, and this ordinance shall hereinafter be known as the Subdivision Ordinance of the City of Coppell, Texas, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. ADOPTION OF SUBDIVISION REGULATIONS; COMPLIANCE REQUIRED; EXTENSION TO EXTRATERRITORIAL JURISDICTION. A. The rules and regulations attached hereto, as Exhibit "A" including the attached Appendices, are hereby adopted as Chapter 13 Subdivision Regulations of the Coppell City Code, are made a part hereof for all purposes and are extended to the extraterritorial jurisdiction of the City as permitted by Section 212.003 of the Texas Local Government Code. B. No person shall create a subdivision of land, within the corporate limits of the City or within the extraterritorial jurisdiction of the City without complying with the provisions of these regulations. All plats and subdivisions of any such land shall conform to the rules and regulations herein adopted. SECTION 2. REPEALING CLAUSE; SAVINGS CLAUSE A. All ordinances, or parts of ordinances, inconsistent or in conflict with the provisions of this ordinance are hereby repealed. The Subdivision Ordinance of the City in effect as of the date of the passage of this ordinance, Ordinance No. 341, is hereby specifically repeajed. B. The repeal of existing ordinances by this ordinance shall not affect or prevent the prosecution or punishment of any person for any act done or committed prior to the effective date of this ordinance in violation of any ordinance hereby repealed; and prosecution for such offenses may be instituted and causes presently pending proceeded with in all respects as if such prior ordinance or ordinances had not been repealed. SECTION 3. SEVERABILITY CLAUSE If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part of provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 4. RELATED ORDINANCES In addition to this ordinance, the City of Coppoll has other ordinances, regulations, standards and specifications directly or indirectly pertaining to drainage and storm sewer facilities and design requirements. Those ordinances include, but are not limited to: the City of Coppell Zoning Ordinance, and the City of Coppell Floodplain Management Ordinance. Planning documents include, but are not limited to: City of Coppell City-Wide Storm Water Management Study, City of Coppell Parks, Recreation and Open Space Plan, the City of Coppell Comprehensive Plan and the Thoroughfare Plan. Developers, builders, engineers, or others involved with new construction or development of lands in the City of Coppell should refer to these documents and to the Code of Ordinances of the City of Coppell, Texas for additional requirements and information concerning required facilities. SECTION 5. PENALTY CLAUSE Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a penalty of fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, and each and every day such offense is continued shall constitute a new and separate offense. SECTION 6. EFFECTIVE DATE This ordinance shall take effect immediately from and after the publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this the /',& ~day of ([td'L~/ , 19 ~?~-/ . APPRO MAYOR ATTEST: /~t-.~f- CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY CITY OF COPPELL SUBDIVISION ORDINANCE 1994 The City With A Beautiful Future SUBDIVISION REGULATIONS EXHIBIT "A" TO ORDINANCE NO. 94643 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS TABLE OF CONTENTS SUBDIVISION REGULATIONS TABLE OF CONTENTS SECTION I DIVISION OF LAND TO BE UNDER SUPERVISION OF THE CITY PAGE 8 SECTION H WITHHOLDING PAGE 9 UTILITIES AND BUILDING PERMITS SECTION HI DEFINITIONS PAGE 10 SECTION IV PROCEDURES FOR SUBDIVISION PAGE 15 SECTION V PREAPPLICATION CONFERENCE PAGE 16 SECTION VI ANNEXATION PAGE 17 SECTION VH ZONING PAGE 18 SECTION VHI PRELIMINARY PLAT AND PLANS PAGE 19 SECTION IX FINAL PLAT AND PLANS PAGE 23 SECTION X SECONDARY AND MINOR PLATS PAGE 29 SECTION XI FILING OF PLAT PAGE 30 SECTION XII SUBMITTALS REQUIRED FOR CONSTRUCTION PAGE 32 SECTION XIH SUBDIVISION CONSTRUCTION PAGE 34 SECTION XIV ACCEPTANCE OF THE SUBDIVISION PAGE 35 SECTION XV AS-BUILT PLANS PAGE 36 SECTION XVI ISSUANCE OF BUILDING PERMITS PAGE 37 SECTION XVII FEES PAGE 38 APPENDIX A WATER AND SEWER PRO RATA PAGE 40 APPENDIX B ASSESSMENTS / THOROUGHFARE IMPROVEMENTS PAGE 57 APPENDIX C DESIGN CRITERIA AND STANDARDS PAGE 58 APPENDIX D STREETSCAPE PLAN PAGE 105 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS SECTION I - DIVISION OF LAND SECTION I- DIVISION OF LAND TO BE UNDER SUPERVISION OF THE CITY A. Hereafter every owner of any tract of land situated within the corporate limits, or within the extraterritorial jurisdiction of the City, who may hereafter divide the same in two or more parts for the purpose of laying out any subdivision of any tract of land or any addition, or for laying out suburban, building, or any other lots, and to lay out streets, alleys or parks or other portions intended to be dedicated for public use, or for the use of purchasers or owners of lots fronting thereon or adjacent thereto, shall comply with Chapter 212 of the Texas Local Government Code and these regulations which shall be known as the City of Coppell Subdivision Regulations. B. The subdivider shall avail himself of the advice and assistance of the city staff before preparing the preliminary plat and formal application for approval. END OF SECTION Page 8 SUBDIVISION REGULATIONS - CITY OF ¢~0PPELL, TEXAS SECTION H - WITHHOI,DING UTHJTIF~ AND BUILDING PERMITS SECTION H - WITHHOLIHNG UTILITIES AND BUILDING PERMITS A. City shall withhold the issuance of building permits from any subdivision until such subdivision has been approved by the Municipal Authority responsible for approval of the final plat of such subdivision and the recording of such plat in the office of the County Clerk of the county where such land is located. B. Neither the City, its officials or any public utility or any other entity that provides water, sewer, electric, gas or other utility service, shall serve or connect any land with such service unless presented with a copy of a recorded final subdivision plat containing a certificate showing approval of such plat by the Municipal Authority of the City of Coppell responsible for approval of such final subdivision plat, or, unless presented with or otherwise holds a certificate pursuant to Section 212.0115 of the ~ Government Cede indicating that a plat is not required for the land or that a plat is required and has been reviewed and approved by the Municipal Authority of the City responsible for approval of a final subdivision plat of the land. END OF SECTION Page 9 SUBDIVISION REGULATIONS - CITY OF C~PPELL~ TEXAS SECTION HI - DEFINITIONS SECTION HI - DEFINITIONS CERTAIN WORDS IN THIS ORDINANCE NOT HERETOFORE DEFINED ARE DEFINED AS FOLLOWS: WORDS USED IN THE PRESENT TENSE INCLUDE THE FUTURE; WORDS IN THE SINGULAR NUMBER INCLUDE THE PLURAL NUMBER; AND WORDS IN THE PLURAL NUMBER INCLUDE THE SINGULAR. For definitions not listed, refer to City of Coppell Zoning Ordinance. 1. Alley is a public right-of-way which affords a secondary means of access to abutting property. 2. Block is a tract or parcel of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, highways, streams, or corporate boundary lines. There may be more than one numbered block as shown on a plat falling within a single block as herein defined. The City Engineer serves as the City's authority as to the determination of questions regarding the limits or extent of a block. 3. Buildlug is any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind. 4. Building line or setback line is the rear line of a required front yard which is generally parallel to the sweet line that forms the front lot line. No building or structure may be permitted in the area between the building line and the street right-of-way. 5. Building Lot is a single tract of land located within a single block which, (at time of filing for a building permit) is designed by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. It shall front upon a public street or other approved place. Therefore, a "building lot" may be subsequen~y subdivided into two or more "building lots", and a number of "building lots" may be cumulated into one "building lot", subject to the provisions of this Ordinance and the Zoning Ordinance of the City of Coppell. 6. Building Official is the building inspector or the administrative official charged with responsibility for issuing permits and enforcing the Zoning Ordinance and Building Code of the City of Coppell. 7. Certificate of Occupancy or Compliance is an official certificate issued by the City through the enforcing official which indicates conformance with or approved conditional waiver from zoning regulations and which authorizes legal use of the premises for which it is issued. 8. City is the City of Coppell, Texas. Page 10 SUBDIVISIQN REGULATIONS - CITY OF COPPELL. TEXAS SECTION HI - DEFINITIONS 9. City Council is the elected Mayor and Council members of the City of Coppell, the governing body. 10. City Engineer is the engineer representing the City of Coppell. 11. City Manager is the chief city administrative officer of the City of Coppell. 12. Commission is the Planning and Zoning Commission of the City of Coppell. 13. Common Area is real property and/or improvements thereon, including but not limited to: private storm drains, streets, sidewalks, utilities, parks, lakes and/or screening walls; open space; trails and/or floodplain management areas. Common area is either owned in fee, controlled as an easement or is property leased by the Property Owner's Association for the common use, enjoyment and benefit of the members of the Property Owner's Association. All common areas shall be maintained by the members of the Property Owner's Association, not the City. 14. Concept plan is a plan that establishes the general development intent. It serves as a guide for the approval of future site plans and plats relating to the property. 15. County is Dallas, Denton and/or Tarrant County. 16. Developer, Development, or to Develop includes the construction of a new building or any structure on a building lot, the relocation of an existing building to another building lot, or the use of open land for a new use. "To develop" is to create a development. "Developer" is the person or legal entity undertaking to develop real property in the City. 17. Development Review Committee is a committee consisting of City Staff and utility company representatives who review all rezonings, plats and site plans submitted for municipal approval. 18. Easement is a right given by the owner of a parcel of land to another person, public agency or private corporation for specific and limited use of that parcel. 19. F!oodphin is that area subject to inundation by flood, having a given percentage of probability of occurrence in any given year, based on existing conditions of development within the watershed area, as determined by the Floodplain Administrator and/or the City Engineer. 20. Floodway is the channel and adjacent areas of water course within which no obstructions to flow are allowed, so that the 100 year flood may pass without cumulatively increasing the 100 year floodplain elevation. The floodway will be defined by the Floodplain Administrator and/or the City Engineer. Page 11 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING ORDINANCE NO. 94643, THE SUBDIVISION ORDINANCE OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY AMENDING SECTION 3, DEFINITIONS, TO CHANGE THE DEFINITION OF A PARKING SPACE, AND BY AMENDING EXHIBIT *A", APPENDIX C, DESIGN CRITERIA AND STANDARDS, TO CHANGE THE MINIMUM SIZE OF PARKING SPACES; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHERFAS, the City Planning and Zoning Comm~ion and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and in the exercise of legislative discretion have concluded that the Subdivision Ordinance should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Subdivision Ordinance of the City of Coppell, Texas, as heretofore amended, be, and the same is hereby, in part, amended by amending Section HI, paragraph 26, to read as follows: "26. Parking Space is an enclosed or unenclosed all-weather surfaced area not on apublic street or alley, together with an all-weather surfaced driveway connecting the area with a street or alley permitting free ingress and egress without encroachment on the street or alley. Any parking adjacent to a public street wherein the maneuvering is done on the public street shall not be classified as off-street parking in computing the parking area requirements for any use." SECTION 2. That the Subdivision Ordinance of the City of Coppell, Texas, as heretofore amended, be, and the same is hereby, in part, amended by amending Exht'bit A, Appendix C, Section I, Subsection E, Paragraph 1, Subparagraph k, to read as follows: '~c. Parking Space. Parking spaces shall comply with the requirements of the A~19 SUBDIVISION REGULATIONS - CITY OF COPPELL, TEXAS SECTION HI - DEFINITIONS 21. Geometric Design Standards is the minimum allowable engineering geometric standards adopted by the City of Coppell affecting the functional traffic level operation, Service and safety of highways, roads, alleys and streets in Coppell. 22. Homeowners (Property Owners) Association is a formal nonprofit organization operating under recorded land agreements through which (a) each lot and/or homeowner in a specific residential area is automatically a member and (b) each lot or property interest is automatically subject to a charge for a proportionate share of the expense for the organization's activities, such as the maintenance of common property, and (c) the charge if unpaid, becomes a lien against the nonpaying member's property. 23 Lot is any plot of land occupied or intended to be occupied by one building or a group of buildings, any accessory buildings and uses, and having its principal frontage on a street. 24. Lot of Record is an area of land designated as a lot on a plat of a subdivision recorded, pursuant to statutes of the State of Texas, with the County Clerk of Dallas, Denton or Tarrant County, Texas, or an area of land held in single ownership described by metes and bounds upon a deed recorded or registered with the County Clerk prior to annexation by the City of Coppell. 25. Planned Development is an area with a specified minimum contiguous acreage to be developed as a single entity according to a unified site design plan, containing one or more residential areas, office uses, commercial uses, industrial uses, institutional uses, public and quasi-public uses, or any combination thereof. 26. Parking Space is an enclosed or unenclosed all-weather surfaced area of not less than one hundred eighty (180) square feet (measuring approximately 9 feet by 20 feet) not on a public street or alley, together with an all-weather surfaced driveway connecting the area with a street or alley permitting free ingress and egress without encroachment on the street or alley. Any parking adjacent to a public street wherein the maneuvering is done on the public street shall not be classified as off-street parking in computing the parking area requirements for any use. 27. Planning and Zoning Commission is the agency appointed by the City Council as an advisory body to the City Council and which is authorized to review/approve subdivision plats and to recommend changes in the zoning ordinance and map. 28. Plat is a plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the City of Coppell subject to review/approval by the Planning and Zoning Commission and City Council. Reference to a Plat in the Ordinance means an official Plat of Record which has been reviewed/approved by the Planning and Zoning Commission and the City Council and filed in the plat records of Dallas, Denton or Tarrant County. Plat includes a replat. Page 12 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS SECTION HI - DEFINITIONS Preliminary Plat is a map of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed development. It is intended to provide a review of the overall lot configuration, water and sewer services, and sweet patterns. The review will determine conformance with the City's subdivision and development regulations. A preliminary plat allows the City and the developer to estimate future participation in infrastructure costs. F'mal Plat is a map of a land subdivision prepared in a form suitable for filing of record with necessary affidavits, dedications and acceptances. A final plat is a legal document that describes a tract of land by bearings and distances; locates and defines easements, and dedicates the necessary rights-of-way for streets and alleys. The final plat determines conformance to Subdivision Regulations, the Zoning Ordinance, other related codes, and City policies. The Municipal Authority responsible for approval of a Final Subdivision Plat shall be the City Council, the Planning and Zoning Commission or, in the case of Minor Plats, the Director of Planning and Community Services, as provided in these regulations. Secondary and Minor Plats are as defined in Section X. 29. Public Park is any publicly owned or controlled park, playground, parkway, greenbelt, or roadway within the jurisdiction and control of the City. 30. Replat is a legal document that describes a tract of land by bearings and distances; locates and defines easements and dedicates the necessary rights-of-way for streets and alleys. The purpose of the replatting process is to accommodate changes in lots, blocks, utility easements, boundary lines, rights-of-way, or street names of the subdivision of a tract which has been previously platted. 31. Roadway is that portion of any street or road, between curbs or shoulders, designated for vehicular traffic. 32. Street is a public right-of-way which affords a primary means of access to abutting property. A driveway or alley which serves only to give secondary vehicular access to a building lot or to an accessary parking or loading facility, or to allow vehicles to take or discharge passengers at the entrance to a building shall not be considered a street. 33. Street, Private is a street which has no publicly dedicated right-of way. 34. Street line is the right-of-way line of a street. 35. Subdivider is any person, partnership, firm, association, corporation (or combination thereof), or any officer, agent, employee, servant or trustee thereof, who performs or participates in the performing of any act toward the subdivision of land, within the intent, scope and purview of these regulations. Page 13 SUBDIVISION REGULATIONS - CITY OF {~QPPELL. TEXAS SECTION III - DEFINITIONS 36. Subdivision means the division of any tract of land situated within the corporate limits of the City or within the City's extraterritorial jurisdiction, into two or more parts for the purpose of laying out any subdivision of any tract of land or any addition, or for laying out suburban, building, or other lots, and to lay out streets, alleys or parks or other portions intended to be dedicated for public use, or for the use of purchasers or owners of lots fronting thereon or adjacent thereto for the purpose, whether immediate or future, of creating building sites. Subdivision includes resubdivision. 37. Thoroughfare Plan is the official plan for the orderly physical development of highways, roads, and streets in the City of Coppell. 38. Vacate is to annul or cancel a subdivision plat, street, or easement. 39. Vance from the Subdivision Ordinance is a form of relief which may be granted to a subdivider by the City Council on the basis of the following cfiteria: a. The existence of circumstances or conditions affecting the Subdivider's property in such a way that the strict application of these regulations would deprive the subdivider of the reasonable use of his/her land; and, b. The subdivider's offer of evidence that the granting of a variance is absolutely necessary for the preservation and enjoyment of his/her property rights; and, c. The subdivider's offer of evidence that the variance will not be detrimental to the health, safety, and general welfare of real property in the City of Coppert; and, d. That the granting of a variance will not be simply a matter of convenience or expedience, but is rounded on the principals of reasonableness and substantial justice. END OF SECTION Page 14 SUBDIVISION RE(~I. TLATIONS - CITY OF COPPELL. TEXAS SECTION IV - PROCEDURES FOR SUBDIVISION SECTION IV - PROCEDURES FOR SUBDIVISION A. In order to allow orderly processing of proposed subdivisions, the procedures discussed in the following sections shall be followed. The approval of a preliminary plat shall be required for all purposed subdivisions. No final plat shall be accepted for consideration unless a preliminary plat for the putposed subdivision has been approved. In general, the steps necessary for subdivision include: 1. PreappHcation Conference with the Development Review Committee, when requested (see Section V). 2. Annexation by the City Council where applicable (see Section VI). 3. Zoning by the Planning & Zoning Commission and the City Council where applicable (see Section VII). 4. Approval of preliminary plat by the Planning and Zoning Commission and/or the City Council, and, where required, construction plans by the City Engineer. 5. Approval of f'mal plat by the Municipal Authority responsible for the approval of final subdivision plats, to wit: Planning and Zoning Commission and/or the City Council or in the case of a minor plat the Director of Planning and Community Services and, where required, construction plans by the City Engineer. 6. Final stamp of acceptance of the final construction plans by the City Engineer. 7. Payment of all required fees, impact fees and/or assessments (see Section XVII for listing). 8. Filing of the approved plat with the City of Coppell and the County Clerk and the recording of all executed easements, dedications, and other documents required to be filed of record. 9. Completion of construction and acceptance of all improvements by the City, submission of as-built drawings, and maintenance bonds. B. For those areas to be subdivided which lie outside the corporate limits but within the City's extraterritorial jurisdiction, the provisions concerning annexation and zoning shall not apply. END OF SECTION Page 15 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS SECTION V - IREAPPLICATION CONFERENCE SECTION V - PREAPPLICATION CONFERENCE In the development of land which is located within the City, or is to be annexed by the City, either by sections or as one subdivision, unless waived by the City, the Developer, prior to filing a site plan, plat or replat may submit an application for a preapplication conference to the Planning Department. Submittal shall include the application, payment of the required ~ing fee and a letter of transmittal requesting review. The preapplication conference filing fee may be applied against future filing fees. The purpose of the preapplication conference is to give the applicant an opportunity to discuss the proposed plan with the appropriate departments and utility companies to obtain information necessary for filing of an application. The application shall be prepared as follows: 1. The plan shall be drawn to a scale of 1" = 200' or larger (submit twelve (12) folded copies stamped "For Review and Comments Only"). 2. The lower right hand comer shall contain a title block clearly showing the name of the subdivider and the Engineer or Surveyor responsible for the design or survey, scale, date the plan was prepared, and the location of the tract according to the abstract and survey records of Dallas, Denton and/or Tarrant County, Texas. 3. The plan shall clearly show the limits of the tract and scale distances. True North shall be clearly indicated. 4. The plan shall contain a narrative description, in as much detail as possible, that describes the current and proposed uses and activities. 5. The plan shall contain the existing zoning on adjoining land, the location, width and names of all existing or platted streets or other public rights-of-way within or adjacent to the tract, existing permanent buildings, railroad rights-of-way, and topography with existing drainage channels or creeks, floodplains, floodways, wooded areas and other important features such as political subdivisions, corporate limits and school district boundaries. 6. The plan shall show the layout and width of proposed thoroughfares and collector streets and shall show a general configuration of proposed residential streets. END OF SECTION Page 16 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS SECTION VI - ANNEXATION SECTION VI - ANNEXATION If the property is not within the City limits of Coppell and the owner desires that it be annexed so as to be qualified to receive City services, when available, and be afforded zoning protection, the owner may petition the City for annexation and zoning through applicable proceedings. END OF SECTION Page 17 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS SECTION VH - ZONING SECTION VII - ZONING If the property is not zoned as required for the proposed subdivision, permanent zoning may shall be requested by the developer. Application for zoning includes completion of application forms, payment of required fees, and performance of requirements of the Zoning Ordinance and other applicable rules and regulations of the City. END OF SECTION Page 18 SUBDIVISION REGULATIONS - CITY OF COPPELL, TEXAS SECTION VIH - PRELIMINARY PLAT AND PLANS SECTION VIII- PRELIMINARY PLAT AND PLANS A. Prior to filing a proposed preliminary plat, the Developer may, and is encourag~l to, deposit two copies of the tentative plan with the Zoning Coordinator to the Planning & Zoning Commission (Commission) at least 30 days prior to the date the Developer intends to fie such plat with the Commission. The purpose of the "tentative plan" is to allow the designated City Official to determine in advance of its "filing' with the Commission, whether or not the "tentative plan" is sufficient on its face to be fried as a preliminary plat under these regulations, thus avoiding its disapproval by the Commission because of some technicality and resulting in a delay to the Developer. B. When the Developer is ready to "file" his plan with the Commission, he shah ~e 15 copies of the preliminary pht and plans of the subdivision to the City Planning and Zoning Commission by filing the same in the office of the official acting as Zoning Coordinator to the Commission, 30 days prior to the regular meeting at which such preliminary plat is sought to be approved. Such preliminary plat shall carry the legend "Preliminary Plat - For Review Only." Submittal shall include the required filing fees, a letter of transmittal requesting review and a completed application. C. The purpose of the submittal is to allow the Planning & Zoning Commission to review overall platting of the tract, water and sewer service, landscape opportunities, and street patterns within the subdivision for conformance with the requirements of the City. It also provides the City an opportunity to make preliminary estimates of City participation in street and utility costs in the subdivision, if any, and the amounts of any impact fees to be paid by the Developer. The preliminary plat and plans shall be prepared as follows: 1. Preliminary Pht shah be drawn to a scale of 1" = 100' or larger, on 24" X 36" sheet size (folded when submitted to the City). 2. It shall contain the name of the proposed subdivision, the name and address of the subdivider and the Engineer or Surveyor responsible for the design or survey, tract designation, and other descriptions according to the abstract and survey records of Dallas, Denton and/or Tarrant County, Texas. 3. North point, scale and date. 4. The boundary lines of the tract, accurate in scale, shall be shown. Page 19 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS SECTION VHI- PRELIMINARY PLAT AND PLANS 5. It shall show the names of adjacent subdivisions or names of record owners of adjoining parcels, the location, widths, and names of all existing or platted streets, easements, or other public ways within or adjacent to the tract, existing railroad fights-of-way, and other important features such as section lines, political subdivision or corporate limits and school district boundaries. 6. It shall show all parcels of land intended to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purpose or conditions of limitations of such reservation. This shall include areas designated in the Parks, Recreation and Open Space Master Plan for Hike and Bike Trails. 7. It shall show the layout, names and width of proposed rights-of- way, streets, alleys and easements. 8. It shall show the layout, numbers and approximate dimensions of proposed lots and all building lines. 9. The location of proposed screening walls shall be clearly indicated. 10. A complete topographic map showing existing structures, utilities and trees 8" in caliber and larger, as well as wooded areas in the proposed subdivision, shall be submitted with the preliminary plat. Contours of the tract shall be in intervals of 5 feet or less, referred to mean sea level datum. 11. If any part of a subdivision is in or adjacent to a designated floodplain, all provisions of the Floodplain Management Ordinance shall apply. 12. The plans shall show existing structures, utilities, sewers, water mains, culverts, or other underground structures within the tract and immediately adjacent thereto with pipe sizes and locations indicated. 13. Preliminary plans of proposed water distribution system, sewage collection system, on-site and off-site drainage system and street improvements shall be provided. Said preliminary plans shall show the anticipated avenge daily water demand and avenge daily sanitary sewer flows. A preliminary calculation of water and wastewater impact fees for the proposed subdivision shall be ~.- prepared in accordance with the City of Coppell Impact Fee Ordinance, provided meter sizes are identified on the plans. Page 20 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS SECTION VHI - PRELIMINARY PLAT AND PLANS 14. A conceptual landscape plan and Tree Preservation Plan conforming to the City of Coppell Streetscape Plan shall also be submitted. Included shall be a preliminary irrigation plan showing tap location, meter size and location, and controller location. The Developer shall provide a separate system for median and parkway areas. 15. A preliminary copy of any proposed Property Owners Association Agreement specifying maintenance of common areas, screening walls, land along alleyways within the subdivision, or any drainage easement not designated for dedication to the City shall be furnished with the preliminary plan for evaluation by the appropriate City departments. 16. A site plan shall be submitted and shall show the following: a. Approximate distance to nearest cross street. b. All existing or proposed buildings on the property, existing structures, fire hydrants, fire lanes and access easements adjacent to the property, and access points on and adjacent to the property. c. Setbacks and building lines. d. All existing private and public streets including street widths, median openings, and left-turn lanes. e. Points of ingress and egress to the property, including design and spacing of driveways. f. Parking area, including number and layout of spaces, aisle width, garbage pick-up locations, fire lanes, and type of surface of fire lanes. g. Approximate finished floor elevation of proposed or existing structures on the site referenced to mean sea level datum. h. The location, size, and types of trees, 8" in diameter or larger, and wooded areas on-site. i. Any other information deemed appropriate. _- D. The Developer shall submit a letter, along with the Preliminary Plat, requesting any variances to the Subdivision Regulations. Page 21 SUBDIVISION REGU1,ATIQNS - CITY OF CQPPELL, TEXAS $ECTIQN VIH - PRELIMINARY PLAT AND PLANS E. It is to be understood that the approval of the preliminary plat by the City Planning and Zoning Commission does not constitute official acceptance of the proposed subdivision by the City. There Shall be no work done in the field on the proposed subdivision Until the final plat has been approved (preliminary site grading will be considered on a case by Case basis, but only after submittal. approval and installation of an erosion ContrOl plan). F. Following satisfactory review of the preliminary plat, plans and other materials submitted for conformity thereof to the regulations of this section and other City codes, the Planning and Zoning Commission shall, within 30 days, act thereon as submitted, or as modified and, if approved, the Planning and Zoning Commission shall indicate its approval as a conditional approval and state the conditions of such approval. One of such conditions shah be the filing of a final plat. If disapproved, the Commission, shall, upon request of applicant state the grounds for disapproval which can be stated either at the time of the disapproval or in writing within a reasonable time after said request is made. No final plat will be accepted for consideration if the preliminary plat has been disapproved by the Commission. G. After approval of a preliminary plat by the Planning and Zoning Commission, the same shall be forwarded to the City Council for consideration and approval or disapproval. The preliminary plat expires 9 months after City Council approval. unless a final plat for the property, consistent in all respects with the approved preliminary plat. has been submitted for approval. H. When the City Council approves a Preliminary Subdivision Plat it may by separate motion, approved by at least three-fourths of its members present and qualified to vote, provide that the Planning and Zoning Commission shall be the Municipal Authority responsible for the approval of the Final Subdivision Plat of such land and the Final Subdivision Plat of such land need not be brought back for final approval of the City Council unless, through inaction on the part of the Planning and Zoning Commission, such final plat is deemed approved by the Planning and Zoning Commission for failure to act within the 30 day period required by law. I. Where the Planning and Zoning Commission has been designated as the Municipal Authority responsible for approval of a Final Subdivision Plat, the certificate on such final plat shall state that at the time the City Council approved the Preliminary Plat of the land, the City Council designated the Planning and Zoning Commission to be the Municipal Authority responsible for the approval of the Final Subdivision Plat of the land. END OF SECTION Page 22 ~H. IBDIVISION REGULATIONS - CITY OF CQPPELL, TEXAS SECTION IX - FINAL PLAT AND PLANS SECTION IX - FINAL PLAT AND PLANS A. After approval of the preliminary plat and prior to filing a proposed final plat, the Developer may, and is encouraged to, deposit two copies of the tentative rmal plat with the Zoning Coordinator to the Planning & Zoning Commission 30 days prior to the date that the Developer intends to fie such plat with the Commission. The purpose of this "tentative rmal plat" is to permit the City to determine in advance of its "filing" with the Commission, whether or not the "tentative rmal plat" is sufficient on its face to be considered a proposed final plat, thus avoiding its disapproval by the Commission because of some technicality and resulting in a delay to the Developer. B. When the Developer is ready to "fie" his rmal plat with the Commission, after approval of the preliminary plat, he shall file 4 folded copies of the fmal plat along with complete construction plans, if required, not larger than 24" x 36", plus 15 additional folded copies of the final plat of the subdivision to the City by filing the same in the office of the Zoning Coordinator to the Commission. This plat shall carry the legend "Fmal Plat." Submittal shall include payment of the required filing fees and a letter of transmittal requesting review. ,_. C. The Final Plat shall show or be accompanied by the following information: 1. Final Plat shall be drawn to a scale of 1" = 100' or larger, on 24" X 36" sheet size. 2. It shall contain the subdivision name or identifying title and name of the city, county and state in which the subdivision is located; and the name and address of the record owner or subdivider. 3. The boundary lines with accurate distances and bearings and the exact location and width of all existing or recorded streets intersecting the boundary of the tract. 4. An accurate location of the subdivision with reference to the abstract and survey records of the County. 5. The exact layout including, but not limited to: a. Street names. b. Length of all arcs, radii, internal angles, points of curvature, length and bearings of the tangents. Page 23 SUBDIVISION REGULATIONS - CITY OF COPPELL, TEXAS SECTION IX - FINAL PLAT AND PLANS c. All easements or right-of-way provided for public services or utilities and any limitations of the easements. d. All lot numbers and lines with accurate dimensions in feet and hundredths of feet and with bearings and angles to street and alley lines. c. All information required by Section 212,004 of the Texas Local Government Code. 6. The accurate location, material and approximate size of all monuments. 7. The accurate outline of all property which is offered for dedication for public use with the purpose indicated thereon, and of all property that may be reserved by deed covenant for the common use or maintenance of the property owners in the subdivision. 8. Building setback lines. 9. Private restrictions. 10. North point, scale and date. 11. Certification by a Registered Public Surveyor to the effect that the plat represents a survey made by him and that all the monuments shown thereon actually exist, and that their location, size and material description are correctly shown. 12. A certificate of ownership and dedication of all streets, alleys, parks, easements, trails and playgrounds to public use forever, signed and acknowledged before a Notary Public by all owners and Lien Holders of the land, along with complete and accurate metes and bounds description of the land subdivided and the streets dedicated. 13. If any part of a subdivision is in or adjacent to a designated floodplain, the provisions of the Floodplain Management Ordinance shall apply. 14. Proper blanks for certification of approval to be filled out by the appropriate Municipal Authority. Page 24 SUBDIVISION REGULATIONS - CITY OF ~:OPPELL, TEXAS SECTION IX - FINAL PLAT AND PLANS 15. A tax certificate from each taxing entity having jurisdiction over the property indicating that all taxes have been paid. 16. Receipts indicating payment of all required development fees, including Impact Fees. 17. Two notarized copies of any easements or right-of-way agreements with adjacent owners shall be furnished with the final plat. Additional copies shall be furnished to the City Engineer upon request. 18. Construction plans with sheet index on the face of the cover sheet for all required improvements such as: a. Proposed water distribution system with profiles of pipes 16' and larger. This shall include on-site water lines and meters if applicable. b. Proposed sewage collection system with profiles. This shall include on-site sewer lines if applicable. c. Plan and profile of proposed streets. d. Plan and profile of on-site and off-site proposed drainage facilities, including storm sewers and channels where required. e. Proposed site erosion control plans for construction and post- construction phases. f. An inventory block on each sheet showing the quantifies of the proposed improvements. g. Proposed street light plan and any utility pole relations. h. A plan for irrigation of common areas to include medians and parkways. Each category (parkway, median) is to have a separate water meter, double check valve and tap location indicated on the plans. Meter and double check valve size and location shall be specified on the plans. Page 25 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS SECTION IX - FINAL PLAT AND PLANS 19. A landscape plan shah be submitted and shall conform to the guidelines established in the City of Coppell Streetscape Plan. Also, it is the policy of the City of Coppell to protect and preserve native trees and vegetative cover to the maximum practical extent in the development of subdivisions. Because some trees and vegetation will be destroyed during construction by the Developer, some replacement will be required. The tree replacement should be addressed in the landscape plan, conform to guidelines established in the City of Coppoll Streetscape Plan and City of Coppell Zoning Ordinance and must be verified prior to final acceptance of the subdivision by the City of Coppell. a. For residential subdivisions and for non-residential subdivisions where the landscaping occurs in common areas to be maintained by a property owners association, these plans shall include: Edge treatment along major and minor arterials and collectors. .... Subdivision entry features, including monument signs (all monument signage must conform to guidelines established in the City Sign Ordinance). Screening walls. Required irrigation systems. 20. For non-residential uses, the final plat or site plan shall indicate the anticipated building area and parking for the development. Building area shall be the gross floor area less porches, patios, balconies, and garages. Such information shall be used only for the purposes of parking review and fee calculations, and shall not limit building 21. A certified copy of the Property Owners Association Agreement, By-Laws of the association, and any assessed fee structure providing for maintenance of common areas. These are to be used as reference only when requested by the public. D. The Construction Plans shall be prepared by or under the supervision of a Professional Engineer registered in the State of Texas and shall bear his seal on each sheet. The irrigation plans shall be designed by a Licensed Landscape Irrigator, with seal and signature affixed to each sheet of said plans. The Page 26 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS SECTION IX - FINAL PLAT AND PLANS Landscape Plans shall be designed by a Landscape Architect registered in the State of Texas or landscape contractor that belongs to a bonafide Nurseryman's Association and shall bear his seal and signature on each sheet. E. The plans shall contain all necessary information for construction of the project including screening walls. All materials specified shall conform to the specifications set forth by the City of Coppell. F. Each sheet of the plans shall contain a title block, including space for the notation of revisions. This space is to be completed with each revision to the plan sheet and shall dearly note the nature of the revision and the date the revision was made. G. After review of the proposed final plat and/or plans by the Development Review Committee, the final plat shall be submitted to the Planning and Zoning Commission. 1. If the City Council has designated the Planning and Zoning Commission to be the Municipal Authority responsible for approval of the final plat, the Planning and Zoning Commission shall act upon the same within 30 days ._ from the filing date by either giving final approval to the plat or disapproving the plat. If the Planning and Zoning Commission approves the plat the chairman of the Planning and Zoning Commission shall sign the certificate of approval, to be attested by the secretary to the Planning and Zoning Commission. Should the plat be deemed approved by the Planning and Zoning Commission through inaction within the time period specified in Section 212,009 of the I.twad Govemment Code, the plat shall require final City Council approval, notwithstanding the City Council's prior motion designating the Planning and Zoning Commission as the Municipal Authority for approval of the final plat. 2. If the City Council has not designated the Planning and Zoning Commission to be the Municipal Authority responsible for approval of the final plat, the Planning and Zoning Commission shall act upon the same within 30 days from the filing date by either approving the plat or disapproving the plat. If the Planning and Zoning Commission disapproves the final plat, the plat will not be sent to the City Council for consideration. If the Planning and Zoning Commission approves the plat it shall be filed with the City Council for consideration within the 30 day time period specified in Section 212.009 of the Local Government code. If the City Council fails to take action on the plat or fails to disapprove it within 30 days from the date it was approved or became deemed approved by the Planning and Zoning Commission, it shall be deemed approved by the City Council. Page 27 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS SECTION IX - FINAL PLAT AND PLANS 3. If at any time during the 30 day period of the platting process, the applicant makes a request in writing that the plat be withdrawn from the present consideration of either the Planning and Zoning Commission or the City Council, as the case may be, and such written request abandons the initial filing date with such body and designates a subsequent date to be the new filing date for the plat before that body, the applicant may be permitted, without the necessity of paying an additional ~ing fee, to withdraw and refile the plat with such body on the new ~ing date designated in the written request, and in such case, a new 30 day period for approval or disapproval by such body shall commence to run from the new filing date. 4. If the Municipal Authority responsible for approval of the final plat has indicated its approval subject to certain changes being made by the applicant, the Engineer for the applicant shall make all such changes and submit the final drawing for approval of the City Engineer prior to the signing of the certificate of approval. Where construction plans have been required they shall be approved by the City Engineer before use by the Contractors. Each contractor shall maintain one set of the plans, stamped with City approval, on the project at all times during construction. If construction has not commenced within one year after approval of the plans, resubmittal of construction plans which meet current standards and engineering requirements, shall be required by the City Engineer. END OF SECTION SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS SECTION X - SECONDARY AND MINOR PLATS SECTION X - SECONDARY AND MINOR PLATS A. SECONDARY PLATS (Plats of Secondary Rank) An applicant ~ing a plat of secondary rank, to wit: a "Secondary Plat" as that term is herein defined, may at the time of filing the Preliminary Plat, deposit with the City his proposed Final Plat, and to the extent practicable and at the sole discretion of the body considering the plats, both plats may be considered at the same meeting of either the Planning and Zoning Commission or the City Council. Provided, however, both items shall be considered as separate agenda items and the final plat shall not be considered as filed so as to start the running of the 30 day time period, until after the Planning and Zoning Commission or the City Council, as the case may be, takes action on the preliminary plat. As used in this provision, the term "Secondary Plat" shall be a plat of second rank involving the following: 1. A plat of an area of five (5) acres or less; 2. A plat containing ten (10) or fewer lots; 3. Will not cause major relocation or alteration of existing utilities; 4. Does not require engineering plans or studies; 5. Is bounded on all sides by legally dedicated streets, alleys or other dedicated land or railroad right-of-way; 6. Does not involve resubdividing of a portion of a residential subdivision where lots have been sold; 7. Meets unanimous Development Review Committee support; and 8. Does not require dedication of significant easements. B. MINOR PLATS (Plats of Third Rank) Pursuant to Section 212.0065 of the Local Government Code, the City Council hereby delegates the ability to approve "minor plats" involving four or fewer lots fronfing on an existing street and not requiring the creation of any new street or the extension of municipal facilities, to The Director of Planning and Community Services (the "Director"). The Director may, for any reason, elect to present the plat to the Planning and Zoning Commission or City Council, or both, to approve the plat. The Director shall not disapprove the plat and shall be required to refer any plat which he refuses to approve to the Planning and Zoning Commission or City Council, or both, within the time period specified in Section 212.009 of the Local Government Code. END OF SECTION Page 29 SUBDIVISION REGULATIONS - CITY OF COPPELL, TEXAS SECTION XI - FILING OF PLAT SECTION XI - FILING OF PLAT A. After approval of the Final Plat by the Municipal Authority and correction of the plat as required by the Municipal Authority and the Planning and Engineering Departments, the Developer shall submit filing fees and the required number of copies for filing with the County Clerk. These copies shall bear all required signatures of City Officials. After signature by the City Officials, the Developer shall complete the filing process and return nine (9) paper copies and two (2) mylar copies of the "ffled" plat to the City. Said copies shall show the volume and page of the Map and Plat Records into which the plat was recorded by the County Clerk. If the final plat has not been submitted for signatures by City Officials within six months after approval by the City Council, the plat shall be deemed null and void, resubmittal shall be required, and the current Subdivision Regulations shall apply. B. Approval block: The following notice shall be placed on the face of each Preliminary Plat by the subdivider: "Preliminary Plat for Review Purnoses Only" "Recommended for Approval" Chairman, Planning and Zoning Commission Date City of Coppell, Texas Mayor Date City of Coppell, Texas C. The following certificate shall be placed on the Final Plat, in a manner that will allow the f~ling in of the certificate by the proper party: Recommended for Approval: Chairman, Planning and Zoning Commission Date City of Coppell, Texas Approved and Accepted: Mayor Date City of Coppell, Texas Page 30 ~IJBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS SECTION XI - FILING OF PLAT The undersigned, the City Secretary of the City of Coppell, Texas, hereby certifies that the foregoing final plat of the Subdivision or Addition to the City of Coppell was submitted to the City Council on the __ day of ., 19 , and the Council, by formal action, then and there accepted the dedication of streets, alleys, parks, easements, public places, and water and sewer lines, as shown and set forth in and upon said plat, and said Council further authorized the Mayor to note the acceptance thereof by signing his name as hereinabove subscribed. Witness my hand this day of , A.D., 19 __ City Secretary END OF SECTION Page 31 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS SECTION XH - SUBMITTALS REQUIRED FOR CONSTRUCTION SECTION XH - SUBMITTALS REQUIRED FOR CONSTRUCTION A. Prior to authorizing construction, the City Engineer shall be satisfied that the following conditions have been met: 1. The Final Plat shall be completed to the requirements of the City Council at the time of approval. 2. All required contract documents shall be completed and fred with the City Engineer. 3. All necessary easements or dedications not shown on the Final Plat must be conveyed solely to the City of Coppelt, Texas, with proper signatures affixed. The original of the documents and fling fees shall be returned to the Engineering Department prior to approval and release of the engineering plans. 4. All Contractors participating in the construction shall be provided with a set of approved plans bearing the stamp of approval of the City Engineer. These plans shall remain on the job site. Also, all contractors shall have a copy of the City of Coppell Standard Construction Details on the job site at all times. 5. All parties participating in the construction shall meet for a preconstruction conference to discuss the project prior to beginning work. 6. A complete list of the Contractors, their representatives on the site, and telephone numbers where a responsible party may be reached at all times, must be submitted to the City Engineer. 7. A reproducible Utility Plan Sheet, scale 1 ' = 200', shall be submitted to the City Engineer, in addition to the previous submittal of construction plans. Said plan shall be accurate in scale and shall also show right-of-way and easement locations. 8. A complete list of contract documents necessary for the complete construction of the work shall be furnished or included with the above. 9. Manufacturers' drawings for all fabricated appurtenances of special ~-- construction items shall be submitted to the City for consideration. Page 32 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS SECTION XH - SUBMITTALS REOUIRED FOR CONSTRUCTION 10. Verification that all required fees, impact fees and/or assessments have been paid (see listing in Section XVII). END OF SECTION Page 33 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS SECTION XllI - SUBDIVISION CONSTRUCTION SECTION XIII - SUBDIVISION CONSTRUCTION A. Construction of public improvements shall be inspected by the Engineering Department. Completion of construction to the approved plans and specifications of the City of Coppell is the responsibility of the Developer and the Contractors. The responsibility of the City Engineer or designated agent is to assure conformance to the approved plans and specifications. Any changes in design required during construction shall be made by the Engineer whose seal and signature are shown on the plans and shall be approved by the City Engineer. Any change in landscape design during construction shall be made by the Landscape Architect whose seal and signature are shown on the plans and shall be approved by the City Engineer. B. Any change in the irrigation system during actual construction shall be made by the licensed landscape irrigator whose seal and signature are shown on the plans and shall be approved by the City Engineer. Inspections of any irrigation system, landscape or landscape element, and or streetscape element/amenity, are to be made during construction or upon completion of project prior to City acceptance. If the area is to be maintained by the City, inspection may be requested prior to filling trenches. All trenches shall be backfilled and compacted to 1/2" to 1" above grade to allow for further settling. END OF SECTION Page 34 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS SECTION XIV - ACCEPTANCE OF THE SUBDIVISION SECTION XIV - ACCEPTANCE OF THE SUBDIVISION A. After completion of all items required in the plans and specifications, the Developer's Contractor shall submit to the City a maintenance bond in the amount of fifty percent (50%) of the Contract amount guaranteeing workmanship and materials, of all public improvements, for a period of two years from the date of final acceptance by the City. The City Engineer or his designated agent shall verify that all items have been completed, including the ~ing of the plat and all related easements and documents, payment of pro ran fees for water and sewer services, payment of required water and sanitary sewer and roadway impact fees, etc. The City Engineer or his designated agent, shall conduct a final inspection/walk through of the project and, if all work is found to be acceptable, shall issue a Letter of Acceptance. If the work is not acceptable, a "punch list" of items to be completed will be given to the Contractor. Additional inspections/walk throughs will be scheduled as needed until the work is acceptable and a Letter of Acceptance is issued. B. Acceptance of the subdivision shall mean that title to all dedicated improvements is vested in the City of Coppell. The Developer and his Contractors shall, however, be responsible for a period of two years to repair any defects in the accepted dedicated improvements that are covered by the maintenance bond. END OF SECTION Page 35 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS SECTION XV - AS-BUILT PLANS SECTION XV - AS-BUILT PLANS Prior to final acceptance by the City of the public improvements in the subdivision, the Engineer for the Developer shall submit to the Engineering Department a reproducible mylar set of drawings and two (2) sets of blue line prints of paving, drainage, water, sanitary sewer and other improvements showing all changes made in the plans during construction and containing on each sheet an *As-Built" stamp bearing the signature of the Engineer and the date. Prior to final acceptance by the City of the landscaping, screening walls and/or irrigation systems in the subdivision, one set of mylar reproducible and two sets of reproduced drawings marked "As-Built" showing all changes made during construction/installation to the landscaping of common areas, medians, and screening walls complete with an irrigation system shall be submitted. In addition, a compilation of descriptive literature shall also be turned over to the City, noting the manufacturers, model numbers, warranty statements of all irrigation system parts, components, and the name of a local supplier stocking pans of sufficient quantity for repair parts, service, and/or technical information. If the design of the improvements was computer generated, a diskette shall be submitted containing all improvements in an AutoCad format that can be transferred to the City's data base. END OF SECTION Page 36 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS SECTION XVI - ISSUANCE OF BUILDING PERMITS SECTION XVI - ISSUANCE OF BUH,DING PERMITS Generally, building permits will not be issued until completion of all improvements within the subdivision and acceptance by the City. The City Engineer shall have the authority, after reviewing the progress of construction and other relevant matters, to release portions of the subdivision for building permits. Prior to the release of any permits the following items shah be complied with: 1. The plat shall be fried. 2. All development fees shall be paid. 3. There should be adequate safety acce~, including but not limited to, fn'e protection. 4. Early release permits shall pertain to model homes only. 5. All water, sewer and drainage systems and sweets shall be constructed per the approved plans and specifications and approved by the City Engineer. END OF SECTION Page 37 SUBDIVISION REGULATIONS - CITY OF COPPELL, TEXAS SECTION XVII - FEES SECTION XVH - FEES Fees typically required from Developers for the zoning and re-zoning, platting, re-platting, construction, inspection and development or re-development of subdivisions in the City of Coppell are listed below. The specific requirements for payment of these fees are included in the City of Coppell Fee Ordinance and Impact Fee Ordinance. A. Filing Fees 1. Zoning change, amendment or variance fees are included in the Standard Filing Fee. 2. Specific Use Permit Fee 3. Conceptual Plan Fee 4. Development Plan (Detail Site Plan) Fee B. Water and Wastewater Impact Fees C. Roadway Impact Fees D. Water and Sanitary Sewer Pro Rata (See Appendix A) E. Utility Final Inspection Fees F. Water and Sanitary Sewer Tap Inspection Fees G. Water Meter Fees H. Subdivision Construction Permit Fees I. Street Lighting Fees J. Park Fees K. Street Assessments L. Street Sign Fees M. Review of Hydraulics and Hydrology Studies END OF SECTION Page 38 APPENDIX A WATER AND SEWER PRO RATA SUBDIVISION REGULATIONS - CITY OF COPPELL, TEXAS APPENDIX A - WATER AND SEWER PRO RATA TABLE OF CONTENTS APPENDIX A WATER AND SEWER PRO RATA TABLE OF CONTENTS SECTION I DEFINITIONS PAGE 41 SECTION H DEVELOPMENT RESPONSIBILITY PAGE 42 SECTION HI PRO RATA CHARGE PAGE 43 SECTION IV EXTENSION OF WATER AND SEWER LINES PAGE 44 SECTION V ALTERNATIVE METHOD PAGE 45 SECTION VI REFUND OF COST OF EXTENSION PAGE 46 SECTION VH COST OF ON-SITE MAINS PAGE 47 SECTION VHI LINF, S ABUTHNG ADJACENT CITIES PAGE 48 SECTION IX TEMPORARY LINES PAGE 49 SECTION X NO FUNDS AVAILABLE PAGE 50 SECTION XI METHOD OF ENFORCING PAYMENT PAGE 51 SECTION XII LIFT STATIONS AND SPECIAL INSTALLATIONS PAGE 52 SECTION Xlll PRO RATA CHARGES FOR MAINS EXISTING AT THE TIME OF PASSAGE OF THIS ORDINANCE PAGE 53 SELT[ON XIV CHARGES CREDITED TO WATER AND SEWER FUND PAGE 54 SECTION XV PURPOSE OF APPENDIX PAGE 55 SUBDIVISION REGULATIONS - CITY OF COPPELL, TEXAS APPENDIX A - WATER AND SEWER PRO RATA SECTION I - DEFINITIONS APPENDIX A - WATER AND SEWER PRO RATA SECTION I - DEFINITIONS: The following definitions apply in the construction of this ordinance: 1. Approach Main - Lines required to interconnect property being developed with the existing water and sewer systems. 2. Off-site Main - Same as approach main. 3. On-site Main - All water and sewer mains required within a subdivision. 4. Temporary Line - Any line constructed by a Developer as an expedient to develop a particular area but not required in the City's ultimate development plan. 5. Service Connection - A water or sewer connection extending from the main line to serve a consumer. 6. Developed Area - An area is developed when the City has approved the final plat of a ---- subdivision and building permits have been issued. 7. Frontage - Property abutting either side of a water and/or sewer line. 8. Pro Rata - A lot or acreage charge made against the consumer or property owner to pay for constructing or oversizing of water and sanitary sewer mains not included in the City's Impact Fees as provided for in this ordinance. 9. Consumer - The actual user of water from a City water connection. 10. Property Owners - The record title holder of premises served with water from a connection by the City of Coppell. 11. Oversize Cost - The difference between the estimated cost of the main built and the cost of the main determined to be the minimum size required to serve the subdivision. 12. Water and Sanitary Sewer Impact Fee - A fee for water and sanitary sewer facilities imposed on new development by the City in accordance with the current "City of Coppell Impact Fee Code" in order to fund or recoup the costs of Capital Improvements or facilities expansions necessitated by and attributable to such new development. END OF SECTION Page 41 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX A - WATER AND SEWER PRO RATA SECTION H - DEVI~J~QP1VIENT RESPONSIBHJTY SECTION H - DEVELOPMENT RESPONSIBILITY All property owners shall be partially responsible for water and/or sanitary sewer mains running along any platted streets or dedicated right-of-way which fronts their property. Properties which lie on a comer will be responsible for utility lines entirely across both frontages. In the event that no utility lines have been constructed along the frontage of a property, it will be the responsibility of the Developer to bring the utilities to his property (except as outlined below) and across his frontage to the adjacent property. In the event that lines have already been constructed along the frontage, pro rata must be paid for the lines according to the terms of this ordinance, unless construction of the line in question has been included in the City's Capital Improvements Plan and Impact Fees. END OF SECTION Page 42 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX A- WATER AND SEWER PRO RATA SECTION HI - PRO RATA CHARGES SECTION IH - PRO RATA CHARGES The City of Coppcll or a Developer may extend water and sanitary sewer mains in the streets and alleys, or easements, within the city limits of the City of Coppeli in order to permit connections by persons seeking water and sanitary sewer service. A charge which shall be known as the *Pro Rata * shall be made against each lot or tract of land, and the owners thereof, at the time of platting (or issuance of a building permit, if the property is already platted) in the form of lot or acreage fees to be placed in trust funds for the purpose of reimbursing the Developer for oversizing or constructing water or sewer mains or lines. The owners shall pay their pro rata share of the actual cost of construction of the portions of water and sewer lines fronling their properties as described under the terms of this ordinance (the actual cost to include the cost of valves, fire hydrants, manholes, and all other related fittings). In cases where the lines were included in the Capital Improvements Plan and their costs included in the Impact Fees, there shah be no Pro Rata assessed. In addition to the pro rata charge on water and sewer mains, the property owner must pay the tap inspection charges as established by the City of Coppell. END OF SECTION Page 43 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX A- WATER AND SEWER PRO RATA SECTION IV - EXTENSION 0F WATER AND SEWER LINES SECTION IV - EXTENSION OF WATER AND SEWER LINES Upon request of the owner, or his agent, of a given lot or tract of land, for the purpose of this ordinance, known as "Applicant", accompanied by the payment of the charges due under this ordinance, the City of Coppell may extend or cause to have extended, lay or construct all necessary sanitary sewer and water mains, including valves and hydrants, a distance of 1 O0 feet plus the distance across the frontage necessary to provide the service for which application has been made. The applicant to be served shall be required to pay the charges herein provided for. The owners of all intervening property served by the given main extensions shall be required to pay the charges provided for herein at such time as their property is platted. Where an applicant for service secured an extension and service under this particular option for main extension, he shall pay the pro rata charges on all pwperty owned by him and which is served by the requested extension. In applying the 100 foot rule, the required extension of the main shall be figured in such a manner as to leave out of the calculation of that portion of any main adjacent to property already having other than a temporary service and for which the pro rata charge thereon has been paid or credited under the terms of this ordinance. An exception to the above 100 foot rule shall be made where two or more individual applicants desire water and/or sewer service and the nearest applicant is more than 100 feet from existing lines, the City of Coppell will extend or cause to have extended their mains upon payment of the charge due under this ordinance provided there is one cusWmer for every 10 0 feet of such extension, excluding street intersections and that portion of the extension adjacent to property already having other than temporary water and/or sewer service. There will be no Pro Rata assessed for any lines included in the Water and Sewer Impact Fees as Capital Improvements Projects. Refer to the current *City of Coppell Impact Fee Code* and the current City of Coppell Water and Wastewater Capital Improvements Plan. END OF SECTION Page 44 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX A - WATER AND SEWER PRO RATA ~E~TIQN V - ALTERNATIVE METHOD SECTION V - ALTERNATIVE METHOD At the option of the City of Coppell the following methods for extending water and sewer mains may be used where the applicant's property is more than 100 feet from an existing water or sewer main. A. The applicant (Devel~r) may deposit with the City of Coppell the entire pro rata amount due on the line or ~ and the City will cause the line to be extended. When and as pro rata is received from property owners along this line seeking to serve their property, the City will reimburse the applicant up to the mount of his deposit, less his own pro rata. B. The applicant may, at his option, elect to install the utility lines at his own expense instead of paying a pro ram. The City will provide, if necessary, a means to reimburse him for the pro rata due on the other side of the line, when and as the other property owner(s) seek to provide service to their property. The Developer of an addition or plat shall design and prepare construction plans for water and sanitary sewer facilities, or either of them, to serve the subdivision, including any aext~ to off-site facilities that may be required. These plans shall conform in all details to the City's standards as to the design, grade, location, size and quality of materials and construction. END OF SECHON Page 45 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX A - WATER AND SEWER PRO RATA SECTION VI - REFUND OF COST OF EXTENSION SECTION VI - REFUND OF COST OF EXTENSION 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 City, the City of Coppell shah 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 City of Coppell water and sewer system. The Developer will bear the total cost of construction of off-site or approach mains required to interconnect property to be developed with existing mains, the sizes to be determined by the City of Coppell, and with the only refunds to be the pro rata as collected by the City. Any refund to the Developer shah not exceed the total of the pro rata charges, or the total cost of the actual construction, whichever is the lesser amount. There shall be a maximum of ten (10) years as th~ period of eligibility wherein the original depositor may request a refund of pro rata payments under this section. In the event the abutting property is not developed during the said ten 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 City of Coppell. The City of Coppell will return all refunds due from other Developers when and as they are received. Oversize payments and the City's portion of one-sided lines will be refunded by January 1 of each year for the funds due from the previous fiscal year. No refunds will be made which might reduce the capability of the water and sewer fund to maintain its coverage, to meet its annual budget obligations and to extend lines according to Section 4 of this ordinance. All refunds due from the City for oversize or one-sided lines will be paid in full at one time. In the event of a large refund being due, the City Council may elect to include the refund in a future bond program. END OF SECTION Page 46 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX A- WATER AND SEWER PRO RATA SECTION VH - COST OF ON-SITE MAINS SECTION VII - COST OF ON-SITE MAINS The Developer will bear the total cost of on-site mains throughout his subdivision, with sizes to be determined by the City of Coppell. The City of Coppell will refund the increment of cost of on-site water and sewer mains over twelve (12) inches in diameter. The increment of costs to be borne by the City shall be determined by breaking down the actual cost. END OF SECTION Page 47 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX A - WATER AND SEWER PRO RATA SECTION VIH - LINES ABUTYING ADJACENT CITIES SECTION VIH - LINES ABUTtING ADJACENT CITIES In the event that a water or sewer line is to be constructed along the boundary line between Coppell and one of its adjoining cities, the City will bear the responsibility for refunding pro rata to the Developer as if the City was the property owner on the opposite side. The City will not be responsible, however, unless such line is considered essential to the completion of the master plan. Any refunds will be made according to the terms of Section VI. END OF SECTION Page 48 SUBDIVISION REGULATIONS - CITY QF COPPELL. TEXAS APPENDIX A - WATER AND SEWER PRO RATA SECTION IX - TF, aMIN3RARY LINES SECTION IX - TEMPORARY LINES Where temporary lines are constructed as an expedient to develop a particular area, such as across easements within the subdivision of which no frontage can be connected, or where sewers are constructed which otherwise are not required in the ultimate plan of development for the sanitary sewer system, the Developer will bear the total cost without refund. Moreover, the Developer or owner will still be liable for pro rata charges on permanent lines when they are installed. END OF SECTION Page 49 ~;UBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX A- WATER AND SEWER PRO RATA SECTION X - NO FUNDS AVAILABLE SECTION X - NO FUNDS AVAILABLE In no event will the City of Coppell be required to make extensions under the provisions of this appendix if there are no funds available on hand for the purpose. END OF SECTION Page 50 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX A - WATER AND SEWER PRO RATA SECTION XI - METHOD OF ENFORCING PAYMENT SECTION XI - METHOD OF ENFORCING PAYMI~,NT That nothing herein shall be deemed in any way to be an exclusive method of enforcing the payment of the pro rata cost against the consumer and property owners, and shall not be deemed in any manner to be a waiver of the City's right to validly assess the property owners and/or consumers concerned for cost of the installation of standard size water and sewer mains and to fix and eliforce Hells agail~ said property, all which may be done as provided by ordinance in the manner prescribed by law. END OF SECTION Page 51 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX A - WATER AND SEWER PRO RATA SECTION XII - LIFT STATIONS AND SPECIAL INSTALLATIONS SECTION XII o LIFt STATIONS AND SPECIAL INSTALLATIONS In the event lift stations or other special installations are required, the same shall be installed under separate agreements between the City of Coppell and the Developer. END OF SECTION Page 52 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX A - WATER AND SEWER PRO RATA SECTION xlll - PRO RATA CHARGES FOR MAINS EXISTING AT THE TIME OF PASSAGE OF THIS ORDINANCE SECTION XHI - PRO RATA CHARGES FOR MAINS EXISTING AT THE TIME OF PASSAGE OF THIS ORDINANCE All structures existing or under construction for which tap fees have already been paid, will be exempt from the pro rata charges for the water and sewer mains. All other properties, including those abutting water and sewer mains which have not already paid tap fees, or previous pro rata fees, shall be required to pay the pro rata charges and tap fees before receiving water and sewer END OF SECTION Page 53 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX A - WATER AND SEWER PRO RATA SECTION XIV - CHARGES CREDITED TO WATER AND SEWER FUND SECTION XIV - CHARGES CRFX}ITED TO WATER AND SEWER FUND Any and all sums of money hereinafter collected as a pro rata charge or deposit for water and/or sewer extensions shall be credited to the Water and Sewer Fund of the City and all refunds shall be paid from this same account. The Water and Sewer Fund will maintain a capital fund for future construction and reimbursements. END OF SECTION Page 54 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX A - WATER AND SEWER PRO RATA SECTION XV - PURPOSE OF APPENDIX SECTION XV o PURPOSE OF APPENDIX; WHERE FRONT FOOT RULE IS INEQUITABLE; NO VESTED RIGHT; SEVERABILITY CLAUSE: The intent and purpose of this appendix is to provide an equitable charge for water and sanitary sewer connections as a proportionate distribution of the costs of water and sanitary sewer main extensions to serve properties in the City of Coppell. In case a property or a tract of land is so situated or shaped that the front foot rule creates an inequitable basis as between it and other tracts of land in the City of Coppell, then, in that event, the City Engineer shall determine the proper charge in accord with the intent and purpose of this appendix. No person shah acquire any vested right under the terms and provisions of this appendix. That the terms and provisions of this appendix shall be deemed to be severable, in that if any section, phrase, word or part thereof shall be deemed to be invalid, the same shall not affect the validity of the remaining portions of this appendix. END OF SECTION Page 55 APPENDIX B ASSESSMENT FOR THOROUGHFARE IMPROVEM~N'I~ SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX B - ASSF-~SMF~NT FOR THOROUGHFARE IMPROVEMENTS APPENDIX B PROCEDURE USED TO C~ATE ASSESSMF~NT AMOUNT FOR THOROUGHFARE IMPROVEMEN~ (Procedure to levy assessments is contained in Article 1105b Vernon's Civil Statues of the State of Texas Annotated Procedure for payment of any levied assessments is contained in the Code of Ordinances) A. STI~ttT ASSESSMENT POLICY The policy for street paving assessments in the City of Coppell shall be as follows: 1. Improvements. Streets shall contain a paved surface, plus two (2) feet of curb and gutter section on each side, a minimum of four (4) foot wide sidewalks on each side, or wider where needed, plus driveways as needed. The paved surface shall be concrete, as required by the City of Coppelt. 2. Assessment Policy. Property owners abutting on each side of the street shall be assessed on the front foot basis as follows: a. Ninety percent (90%) of the cost of the improvements relating to pavement for one-half of the width of the street abutting the property. Improvements shall include excavation, lime stabilization base, concrete, engineering cost, and all other costs of all incidents and appurtenances thereto. The costs for street lights, landscaping, and traffic signalization will not be included in assessments. b. One hundred percent (100%) of one-half of the cost of construction of curbs and gutters, storm sewers, and associated drainage facilities. c. One hundred percent (100%) of one-half of the cost of construction of sidewalks. END OF SECTION Page 57 APPENDIX C DESIGN CK1TERIA AND STANDARDS SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX (~ - DF-gIGN CRITERIA AND STANDARDS ._, TABLE OF CONTENTS DESIGN CRITERIA AND STANDARDS TABLE OF CONTENTS SECTION I STRF-ETS AND ALLEYS PAGE 60 SECTION H STORM SEWERS & DRAINAGE PAGE 86 SECTION HI SANITARY SEWERS PAGE 90 SECTION IV WATER MAINS PAGE 93 SECYION V UTILITY SERVICES PAGE 97 SECTION VI STREET LIGHTING PAGE 98 SECTION VII REQUIREIVIENT FOR PARK LAND DEDICATION PAGE 99 SECTION VHI MISCF-I-I-ANEOUS PAGE 103 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS SECTION I- STREETS AND ALLEYS SECTION I - STREETS AND ALLEYS A. Policy 1. The arrangement, character, extent, width, grade and location of all streets shall conform to the City of Coppell Thoroughfare Plan and the City of Coppoll Standard Construction Details and shall be considered in relation to existing and planned streets, to topographical conditions, to public safety and in appropriate relation to the proposed uses of the land to be served by such streets. When such street is not on the Thoroughfare Plan, the arrangement of streets in a subdivision shall either: a. Provide for the continuation or appropriate projection of existing streets in surrounding areas; or, b. Conform to a plan for the neighborhood approved or adopted by the Planning and Zoning Commission to meet a particular situation where topographical or other conditions make continuance or conformity to existing streets impractical. 2. Streets constructed within the City shall be classified according to the Geometric Design Standards set forth herein. 3. Residential streets shall be so laid out that use for through traffic will be discouraged. 4. Arterial streets shall intersect at 90 degree angles unless otherwise approved by the City Engineer. 5. Half-streets shall be prohibited. 6. Strips of privately owned property reserved for the obvious purpose of controlling access to streets shall be prohibited except when control is definitely placed in the City under conditions approved by the Planning and Zoning Commission. 7. Street alignments with centerline offsets of less than 125 feet shall be prohibited. 8. A cul-de-sac shall not be longer than 600 feet and at the closed end shall have a turn around provided, having a minimum street property line diameter of 100 ,_ feet. Parking islands shall be required if on-street parking is desired in the cul- de-sac. If parking islands are included, the diameter of the cul-de-sac shall be designed to facilitate circular movement of traffic around the cul-de-sac. Page 60 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX i~ - DESIGN CRITERIA AND STANDARDS ,-- SECTION I - STREETS AND ALLEYS 9. At the intersection of a new subdivision street with an existing boulevard arterial, the Developer of the subdivision shall construct a median opening, with a left turn lane, unless otherwise directed by the City Engineer. 10. Alleys are required in all residential subdivisions. Alleys shall have a minimum right-of-way width of 15 feet. Curb return radii shall be a minimum of 15 feet. 11. Blocks should be platted to allow two tiers of lots. 12. Lots shall be so arranged that them will be no direct access from residential lots to collector and arterial streets. 13. All lots shall be adjacent to a dedicated street to which access is allowed. Where a tract of land is subdivided into parcels that are larger than normal building lots, such parcels shall be arranged to permit the opening of future streets and a logical ultimate resubdivision. The proposed location of future streets shall be shown on the construction plans. 14. Block lengths, generally, should not exceed 1,200 feet in length as measured from street centerlines. 15. Alleys, or loading courts, other than in a residential subdivision, shall have a minimum width of 24 feet of paved surface or, in lieu thereof, adequate off-street loading space shall be provided in business blocks. 16. In platting the subdivision, the Developer shall provide additional right-of-way required for existing or future streets, utilities, or public works as shown in the City of Coppert Thoroughfare Plan, or other plans approved by the City Council. 17. Improvement of Adjacent Streets. When a proposed subdivision of land abuts on both sides of an existing substandard road, according to the current City of Coppelt standards, the street shall be deemed an on-site street and the Developer shall be required to improve the existing road to the City of Coppell standards. 18. When funds have been provided and placed in escrow with the City of Coppert for the development of a substandard road and the road is reconstructed by others at no cost to the City, the escrowed funds and accrued interest, if any, shall be refunded to the Developer after completion and acceptance of the improvements. In the event that a portion of the cost is borne by the City, the difference between the Developer's actual proportionate cost and the escrowed funds, including accrued interest, if any, shall be refunded to the Developer after completion and acceptance of the improvements. Page 61 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS ,-- SECTION I - STREETS AND ALLEYS The engineering design of streets and alleys in the City of Coppell shall conform to the Geometric Design Standards for Thoroughfares, as included herein. The City Engineer or his designated agent shall have the authority to make minor deviations from the Geometric Design Standards for Thoroughfares. Page 62 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX (~ - DF_~IGN CRITERIA AND STANDARDS SECTION I- STREETS AND ALLEYS GEOMETRIC DESIGN STANDARDS FOR THOROUGHFARES ROADWAY CLASSIFICATIONS There are four basic functional classifications of roadways. * ~ - high capacity facilities with controlled access intended to carry high volumes of longer distance trips; high capacity supplement to arterial system. * Arte~ - carry through traffic between areas. Relatively high speed, continuous, high capacity roadways with mobility as per their priority function. Property access is low priority function. * Collectors - primary function is to link the local streets with the arterial system; function as collector-distributors and provide property access to commercial properties. * Locals - provide access to individual properties. Accommodation of significant through traffic is not an appropriate function. RIGHT-OF-WAY and ROADWAY WIDTH REQUIREMENTS Freeway Major Minor Major Collector Resldmfiial AA I~D C4D C4U CR/ CAU C2U C2U Nllsber minimaim 6 Llnm 4 ~ 4 Lines S latse8 4 letlee 2 !atae8 2 hizlee 2 letlee R.O.W. Width 450t ll0' * 90' ** 70' 90' 70' 00' 55' .50' (feet) Roadway 2 - 48' 2 - 37' Width w/2-10' beck to !2-25' 49' b-b 6Y b-b 49' b-b 41' b-b 3Y b-b 28' b-b (feet) shouldm back b-b each (b-b) · 130' within 300' of an intersection (P6D) · * 110' within 300' of an intersection (C4D) Page 63 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS SECTION I - STREETS AND ALLEYS DESIGN SPF~F~DS Freeway Msjor Minor Major Collector Residential Arterial Arterial Collector AA P6D C4D C4U Cb'U C4U C2U Speed 70 50 50 45 45 40 35 30 VERTICAL GRADES Freeway Major Minor Major Collector Residential Arterial Arterial Collector AA P6D C4D C4U C511 C4U C2U Maximum 4.0% 6.0% 6.0% 6.0% 6.0% 10.0% 10.0% 10.0% Minimum 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% HORIZONTAL CURVATURE :Freeway Major Minor Major Collector Residential Arterial Arterial Collector AA P6D C4D C4U CSU C4U C2U Desirable 1,900 1,200 1,000 1,000 670 670 450 300 Minimum 1,100 850 800 450 450 450 300 200 Page 64 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS SECTION I - STREETS AND ALLEYS INTERSECTION RADIUS (Figure A-2) Major MSjor lVIsjor Minor Minor Local Lo~_~! to to to to to to to Major Minor Local Minor Local Local Alley Minimum Radius (R) 35' 30' 30' 30' 25' 25' 15' feet Note: 40' R should be used in Commercial and Industrial Areas. VERTICAL ALIG~ Vertical alignment is a function of Stopping Sight Distance (SSD) which is tabulated for each thoroughfare functional classification as follows: TABI,I~- A-1 THOROUGHi~ARE DESIGN MINIMUM DESIRABLg FUNCTIONAL Sl~.gr} SSD SSD CLASSWICA TION (mph) (feet) (feet) FI~EEWAY- AA 70 525-650 625-850 MAJOR ARTERIAL - P6D 50 400 400475 MINOR ARTERIAL- C4D 50 400 400475 MINOR ARTERIAL - C4U 45 325 325-400 MAJOR COLLF42TOR - CSU 45 325 325400 MAJOR COLLI~-CTOR - C4U 40 275 275-325 COLLF'UrOR - C2U 35 225 250 RESIDENTIAL 30 200 200 Based on the above values of the Stopping Sight Distance (SSD), the length of Vertical Curves required may be calculated using the following formula: L -- KA Where: L -- length of vertical curve A -- algebraic difference in grades (percenO Page 65 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS SECTION I - STREET5 AND ALLEYS For typical values of K based on Stopping Sight Distances see Table A-2 below. The minimum length of vertical curve shall be 100 feet. Under certain circumstances the desirable lengths of vertical curvature may require consideration of factors which will tend to increase the length of vertical curvature in which cases the values in Table A-2 may not be applicable. Engineers are urged to exercise care in their use of Table A-2. TABLE A-2 K Values for Vertical Curves Based on Stopping Sight Distances DESIGN SI, FJ~r} (mph) 30 3S 40 45 K VALUE FOR: CREST VERTICAL CURVES 30 40-50 60-80 80-120 SAG VERTICAL CURVES 40 50 60-70 70-90 SIGHT DISTANCE AT INTERSECTIONS See Figures A-1 and A-5 and Tables A-3 and A4 on the following pages: Page 66 SUBDIVISION REGULATIONS - CITY OF CQPPELL. TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS SECTION I - STREETS AND ALLEYS TABLE A-3 SIGHT DISTANCES (SEE FIGURE A-l) DESIGN STORING SIGHT PAVEMENT INTERSECTION SIGHT DISTANCE SPI~,~D DISTANCE (feet) WIDTH (feet) (mph) Co-b) NEAR SIDE FAR SIDE M* D** M* D** M* D** 30 200 200 28' 200 260 200 300 3Y 240 ~25 270 370 35 225 250 41' 240 330 275 375 40 275 325 49' 275 350 305 425 49' 320 450 450 580 45 325 400 6Y 320 450 450 580 2-25' 350 500 500 650 50 400 475 2-37' 350 500 500 650 * M is minimum ** D is desirable FOR DISTANCE ADJUSTM'ENTS DUE TO GRADE OF STREET USE TABt,E A-4 Page 67 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS SECTION I- STREETS AND ALLEYS TABLE A4 SIGHT DISTANCE ADJUSTMENTS DUE TO GRADE DESIGN SI~,ED (mph) UPGRADES (decrease) DOWNGRADES (increase) 3% 6% 10% 3% 6% 10% 25 5 10 15 5 15 25 30 10 15 20 10 20 30 35 15 20 15 25 40 20 25 20 35 45 25 30 25 50 GRADES- PERCENT AD~USTMF'~ - FEET Page 68 SUBDIVISION REGULATIONS - CITY OF COPPELL, TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS -- SECTION I - STREETS AND ALLEYS ~ GRADE APPROACHINGINTERSECTION _ _ CENTERUNE OF STREET/MEDIAN CURB f FAR SIDE GRADE APPROACHING INTERSECTION ,;.-- I NEAR SIDE I USE WITH TABLE A-3 Page 69 Figure A-1; Sight Distance At Intersection SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS SECTION I- STREETS AND ALLEYS MEDIAN OPENINGS (Refer to Figure A-2 for dimensions) Distance between oDenin~ {nose-to-nose of medianS: (S) Minimum 420 ft. - includes 100' landscape area Maximum 1,300 ft. ~ ~o~ Minimum 60 ft. Maximum 120 ft. Minimum 100 ft. Len_~& of Lane: (T) A. Low volume driveways or local street 60 fi. Minimum B. High volume driveways and collector or minor arterial 100 ft. Minimum C. Signalized intersection 150 ft. Minimum Minimum 11 ft. Maximum 12 ft. Length 99.5 ft. Reverse Curve Radius 250.0 ft. Page 70 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS SECTION I - STREETS AND ALLEYS Normal Minimum 14 ft. Left Turn Lane Minimum 6 ft. Through lanes Minimum 11 ft. Maximum 12 ft. See Figure A-2 COST OF M!~IAN OPENINGS AND LEFT-TURN LANES Median openings and left-turn lanes constructed to serve private drives shall be constructed to City standards, inspected by City inspectors, and paid for by owners served by the median openings and left-turn lanes. The City shall be responsible for, and pay the costs of, the paving of median openings and left-turn lanes constructed to serve dedicated streets when it is part of the widening program undertaken by the City on an existing public street. DEFINITIONS OF DRIVEWAY TYPES A. A "residential driveway" shall mean one which provides access to a single-family residence, to a duplex or to a multi-family building containing five or fewer dwelling B. A "commercial driveway" shah mean one providing access to an office, retail or institutional building or to a multi-family building having more than five dwelling units. It is anticipated that such buildings will be customarily serviced by trucks as an incidental, rather than a principal driveway use. Industrial plant driveways whose principal function is to serve administrative or employee parking lots shall also be considered commercial driveways. C. An "industrial driveway" shah mean one directly serving substantial numbers of truck movements to and from loading docks of an industrial facility, warehouse or truck terminal. A centralized retail development, such as a community or regional shopping center, may have one or more driveways specially designed, signed and located to provide access for trucks and such driveways shall be considered industrial driveways. Page 71 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C- DESIGN CRITERIA AND STANDARDS ~EC~TION I - STREETS AND ALLEYS DRIVEWAY WIDTH As the term is used here, the width of a driveway refers to the width of pavement at the property line. Driveways of the residential type shall be permitted only onto secondary and residential streets. All access to residential property abutting major thoroughfares shall be off the alley. DRIVEWAY RADIUS All driveways intersecting dedicated streets shall be built with a circular curb radius connecting the six-inch raised curb of the roadway to the design width pavement of the driveway. Driveways shall be located far enough from the interior property line to permit the curb radius to fall entirely in front of the subject property. The City Engineer shall approve the driveway widths and driveway radius at the time of site plan review previous to issuance of any building permit. In order that the definition of the location of the edge of pavement for the thoroughfare may be maintained, driveway radii shall always be designed to become tangent to the street curb line. Two-way driveways shall always be designed to intersect the street at a 90-degree angle. One-way driveways may be designed to intersect a street at a minimum 45-degree angle. DRIVEWAY SPACING AND LOCATION The spacing and location of driveways shah be related to adjacent driveways and nearby street intersections. The spacing between driveways shall be dependent upon the spccd limit of the thoroughfare and is as follows: (see Figure A-3) Speed Limit (mph) 25 30 35 45 Driveway Spacing *D* (it) 45' 65' 90' 100' 150' Minimum spacing shall not be more than ten feet less than the recommended spacings shown above. Spacing between driveways will be measured along the property line from the edge of one driveway to the closest edge of the next driveway and not from centerline to centerline. Circular driveways that serve residential homes will be reviewed and approved on a case by case basis by the City Engineer or his designated agent. At intersections with no free right-turn lane, the minimum distance A, Figure A-3, of a driveway from the intersection of major arterial thoroughfares shall be fifty feet and the minimum distance A, Figure A-3, of a driveway from the intersection of minor arterial, collector and local thoroughfares shall be thirty feet. General requirements for driveway design are shown in Figure A-3. A summary of driveway width, radius and angle requirements is given in Table A-5. Page 72 SUBDIVISION REGULATIONS - CITY OF COPPELL, TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS SECTION I - STREETS AND ALLEYS . II W-Rightof~/width L -Lanewicl~ R - Inteneclion radius M-Medlamwidl~ L_,i~ ~ S-Distancebetweenope~ng O-W'Kl~opening ~ X - Tran~ion P-t00'L, mdma~ F' "'l F-Reeeeved300'~10'ForFulureRt. Tuml. an~ I I I ___ F Page 73 Figure A-2; Geometric for Thoroughfare Design SUBDIVISION REGULATIONS - CITY OF COPPELL, TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS SECTION I - STREETS AND ALLEYS A - Distance back from intersection R - Radius W- Driveway width D - Distance between driveways I 547 Minimum (major arterial) 30' Minimum (minor arterial, collector & local) Page 74 Figure A-3; Geometric for Driveway Design SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS ,-- SECTION I - STREETS AND ALLEYS TABLE (See Figure A-3) SUMMARY OF REQUIREMF-NTS RESIDENTIAL COMMERCIAL INDUSTRIAL WIDTH (W) MINIMUM 12 20 (15 one way) 20 ]v'~.,P...'~ 24 30 40 RIGHT TURN MINIMUM 5 10 15 RADIUS (R) MAXIMUM 15 20 25 ONE-WAY MINIMUM 45 45 45 DRIVE ANGI,~- (degrees) MIgC~ELLANEOUS THOROUGHFARE STANDARDS A. Specific details shah be as shown in the City of Coppell Standard Construction Details. B. Alleys parallel and adjacent to sweets shall be avoided. C. Alley Intersections. Alleys shall not intersect major arterial and minor arterial thoroughfares. Alleys 'which run parallel to and share common right-of-way line with a major arterial, minor arterial, or major collector thoroughfare shall not intersect the cross-street at a point directly adjacent to the major thoroughfare intersection with the cross-street, as indicated in Figure A-4. Page 75 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS SECTION I - STREETS AND ALLEYS MAJORSSTREET · ALLEY OR SERVICE RD. ALLEY ~ ~ ~r IN'IFJ~ECTION PROHIBITED UJ UJ o Page 76 Figure A4 SUBDIVISION REGULATIONS - CITY OF COPPELL, TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS SECTION I - STREETS AND ALLEYS R .O.W, Backof Curb,~ U~ --~7~-- STREET P~ ~ I~ I I I~RO~D S~ET WI~ C~ AND GU~R R .O.W. I E ~_ die ~ ~ STREET Point of lnterlectlon '~. UNIMPROVED STR~F~T WITHOUT CURB AND GUTTER SEE FIGURE A-l, TABLES A-3 AND A4 FOR INTERSECTION SIGHT DISTANCES Figure A-5; Strccct Intersection Visibility Triangle Page 77 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C - DF~I(~N (~RITERIA AND STANDARDS SECTION I- STREETS AND ALLEYS D. Intersection Visibility Obstructions 1. Visibility Requirements for Residential (Local) Street Intersections. No fence, wall, screen, billboard, sign, structure, foliage, hedge, tree, bush, shrub, ben, or any other item, either manmade or natural shall be erected, planted or maintained in such a position or phce so as to obstruct or interfere with the following minimum standards: a. Vision at all intersections where streets intersect at or near fight angles shall be clear at elevations between two and one-half (2 1/2) feet and nine (9) feet above the average gutter elevation, except single mmked trees within a triangular area formed by extending the two cufo lines from their point of intersection (see Figure A-5), forty-five (45) feet, and connecting these points with an imaginary line, thereby making' a triangle. If there are no curbs existing, the triangular area shall be formed by extending the property lines from their point of intersection thirty (30) feet and connecting these points with an imaginary line, thereby making a triangle. These requirements are in addition to those shown in Figures A-1 and A-5 and Tables A-3 and A-4 of the Geometric Design Standards to Thoroughfares. 2. Visibility Triangles for Non-Residential (Collector and Arterial) Streets and Drives. The desirable minimum sight distances are based on the premise that enWance maneuvers should not severely degrade traffic flow on an urban street. They are, therefore, particularly applicable to arterial streets. Actual sight distances provided at intersections should be much greater than these minimum values if practical. Therefore, the following minimum sight distance triangle that incorporates beth ph~n and proffie restrictions shall also apply to visibility obstructions at intersections. a. In the plan view, the horizontal clear area at the intersection of a proposed street/drive shall be defined as being within a triangular area formed by: (1) A line that is on the centerline of the proposed street/drive, beginning at the intersecting street's tangent of curb and continuing for a distance of fifteen (15) feet back into the proposed street/drive to the end point; Page 78 SUBDIVISION REGULATIONS - CITY OF COPeELL. TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS SECTION I- ~TREETS AND ALLEYS (2) A line that is parallel to and five (5) feet out from the intersecting street's curb, beginning at the centerline of the proposed streetJdrive and continuing for a distance as prescribed by Figure A-1 and Table A-3, to the end point; and, (3) A straight line that connects the end point of a.(1) (that is on the centerline and fifteen (15) feet back into the proposed street/drive) and the end point of a. (2) (that is the distance from Table A-3, along and five (5) feet out from the existing street's curb from the centerline of the proposed street/drive). b. In the profile view, the vertical clear area shall be defined as the area that is below a point that is nine (9) feet above the street gutter and above a point that is two and one-half (2 1/2) feet above the street gutter. 3. The aforementioned restrictions also apply to streets which do not intersect at right angles, except that the triangle dimensions shall not necessarily be minimum requirements. In such cases, the City Engineer or his designated agent, shall have the authority to vary such requirements as necessary to provide safety for both vehicular and pedestrian traffic. 4. R.O.W. Obstruction Outside the Visibility Triangles a. Fences, walls, screens, billboards, signs and other structures shall conform to the Comprehensive Zoning Ordinance of the City, as amended, and to the Sign Ordinance of the City. b. Foliage of hedges, trees, and shrubs in public rights-of-way shah be maintained by the property owner adjacent to the right-of-way, such that the minimum overhang above a sidewalk shall be seven (7) feet. The minimum overhang above a street, alley or public driveway shall be fourteen (14) feet. 5. Abatement The Chief Building Official or his authorized representative shall have the authority to determine whether any such fence, wall, screen, hedge, tree, bush, shrub, billboard, sign or structure, as erected, planted or maintained, constitutes a public hazard or public nuisance in violation of the provisions of this ordinance. Upon such determination, he shall cause to be issued a written notice to the owner or lessee of the property demanding that said owner or lessee abate said hazard or nuisance within ten (10) days of Page 79 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C - DESIGN CR1TERIA AND STANDARDS; ,-- SECTION I - ~;TREETS AND ALLEYS the date said notice is mailed. The City of Coppell may abate the hazard or nuisance upon the written request of the owner or lessee of the property and upon payment of reasonable charges for labor. 6. Exceptions The provisions of this ordinance shall not apply to, or otherwise interfere with, the following: a. Placement and maintenance of traffic control devices under governmental authority and control. b. Existing and future screening requirements imposed by the City Council of the City of Coppell. c. Existing and future City, State and Federal Regulations. 7. Procedure for Variance The City Council may allow variances to the terms of this ordinance. E. Additional Streets and Alley Requirements 1. Stn:ets and alleys shall be platted and constructed in accordance with the Thoroughfare Plan of the Comprehensive Plan or other plans approved by the City Council, and shall conform to the following requirements: a. The subgrade on all streets and alleys shall be thoroughly compacted and proof-rolled as required. Subgrade material with a plE~city index of less than 6 or greater than 12 shall be modified with a minimum 30~'s per square yard of hydrated lime or cement stabilization. Fill material when tested in accordance with ASTM D-698/THD T-99 shall be placed in 6 to 8 inch thick (loose) lifts compacted to 95 % of theoretical density with a moisture content at optimum to plus 4%. In lieu of the above subgrade requirements, the recommendations of a soils engineering firm familiar with local conditions may be submitted for review. The approval of any deviation from the above requirements will be made on a case by case basis by the City Engineer. Page 80 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS A~PPENDIX C - DESIGN CRITERIA AND STANDARDS SECTION I- STREETS AND ALLEYS b.' Pavement Thickness. The following table indicates the minimum requirements. ALTERNATE STREET OR USUAL BASIC PAVEIVW~NT PAVEMI~NT* THOROUGF!~ARE PAVEMENT TYPE WIDTH (b-b) Thickness] Strength ] Thickness Strength 3000 PSI 750 PSI Msj or Arterial 2-37' 8" Compressive 8" Flexural C4D 2-25' 3000 PSI Minor Compressive 650 PSI Arterial 7" 7" Flexural C4U 49' 3000 PSI 750 PSI C~J 6Y 8" Compressive 7" Flexural Co!lectm C4U 49' 3000 PSI 650 PSI C2U 41' Compressire 7" 7" Flexural C2U 33' 3000 PSI 3600 PSI Residential 28' 6" Compresslye 6" Compressive *Submit pavement design and analysis if alternate design is proposed. Concrete Note: Pavement thickness and strengths are minimum requirements based on 28-day test, and ~exural tests shah be center point loading. Traffic projections may require additional thickness of paving on major thoroughfares. In addition to the above, all hand-pours and irregular sections shah contain a 3600 PSI concrete with a minimum of 6 sacks of cement per cubic yard. All concrete mixes shall contain crushed rock aggregate. Fly ash will not be permitted for concrete pavement mixes. c. All streets shall have 6-inch monolithic curbs. d. Alleys shall be constructed a minimum of 10 feet in width within a Page 81 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS -- SECTION I - STREETS; AND ALLEYS minimum 15 foot right-of-way (see City of Coppell Standard' Construction Details). Wider alleys, required for drainage or other purposes, shall be constructed in right-of-way approved by the City Engineer. Alley ramouts shall be a minimum of 12 feet in width at the street right-of-way line, or the width of the alley, whichever is greater. Paving in alleys adjacent to masonry screening walls shall be constructed a minimum of 15 feet in width and shall abut the screening wall. Alleys for other than residential uses shall be dedicated and paved a minimum of 24 feet in width. All alleys shall be constructed with pavement of reinforced concrete of 3000 psi minimum compressive strength or 3600 psi minimum compressive strength, and shall include 6-inch monolithic curbs where required by the City Engineer. The Developer shall construct the full width of the alley at his own costs. Alleys with 3000 psi concrete shall be constructed with a minimum thickness of 4-1/2 inches in the invert and 7-1/2 inches at the edges (average (>-inch thickness), and alleys with 3600 psi concrete shall be constructed with a minimum thickness of 4 inches in the invert and 6 inches at the edges (average 5-inch thickness). e. Median openings and left-turn lanes, consmicted to serve dedicated streets in a development, or to serve private drives, shall be constructed to City standards, inspected by City inspectors and paid for by the Developer. f. Acceleration or deceleration lanes shall be constructed to the same standards as the adjoining street, and the cost of construction shall be the Developer's responsibility. g. Other street or alley sections may be used if approved by the City Engineer. h. All streets or thoroughfares shall be consmicted in right-of-way as stated in the Thoroughfare Plan. If more than 37 feet of an undivided street (18.5 feet each side) or two 23-foot roadways of a divided su'eet is constructed, the City will reimburse the Developer for the excess width when funds become available. If the street is located in the interior of the subdivision, the Developer shall construct the entire width of the roadway, with reimbursement from the City (at the Developer's contract price) for payment in excess of 37 feet in width (back of curb to back of curb) for undivided roadways and for two 23- foot roadways for divided streets. Such reimbursement will be made ._ by the City when funds become available. Streets which dead-end at power line, railroad, or similar rights-of-way, and such streets, Page 82 AN ORDINANCE OF THE CITY OF COPPELL. TEXAS ORDINANCE NO. gT~VO AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE SUBDIVISION ORDINANCE NO. 94643, BY AN1ENDING APPENDIX C, SECTION I E(1)(j) TO PROVIDE STANDARDS FOR ASPHALT PAVING IN THE DESIGNATED HISTORICAL OVERLAY ZONING DISTRICT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Ordinance No. 94643 of the City of Coppell, Texas as heretofore amended be and the same is hereby amended by amending Appendix C, Section I. paragraph E(1)(j) to provide standards for asphalt paving in the designated Historical Overlay Zoning District to read as follows: "(j) Parking lots shall be constructed of a minimum 5 inch concrete on a prepared (lime or cement modified) subgrade with adequate surface drainage. All fire lanes shall be constructed of 6 inch concrete on a prepared (lime or cement modified) subgrade with adequate surface drainage. Additional requirements on the subgrade are set forth in paragraph (I)(E)(1.)(a). Asphalt will not be permitted for either parking lots or fire lanes. However, in the Historic Overlay Zoning District asphalt pavement will be allowed when authorized by a Special Use Permit (SUP) approved by the City Council. Pavement shall be a minimum of 4 inch (2 inch Type 'B' asphalt and 2 inch Type 'D' asphalt) on a prepared (lime or cement modified) subgrade with adequate surface drainage. Asphalt pavement, on a prepared (lime or cement modified) subgrade with adequate surface drainage, in fire-lanes shall be able to support a concentrated load of 40,000 pounds. An alternative concrete or asphalt pavement design may be submitted to the City for review by the City Engineer. If the City Engineer determines the alternative design is acceptable then the alternative design may be used. Additional requirements on the subgrade are set forth in paragraph (I)(E)(1)(a)." SECTION 2. That all ordinances and provisions of the Ordinances of the City of CopDell, Texas in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C - DESIGN CRITERIA AND ~;TANDARDS ... SECTION I - STREET~ AND ALLEYS including sidewalks, are intended for future extension across these rights-of-way, shall be constructed in right-of-way as required by the Thoroughfare Plan for half the distance across the rights-of-way. For railroad crossings, the City will participate to the extent of 25 % of the cost charged by the Railroad Company to construct the crossing and signals and shall reimburse the Developer for such costs when City funds become available. The remaining 75 % of the costs shall be shared by Developers of the four quadrants of the intersection of the street and railroad. When, in the City Engineer's judgemerit, it is not feasible to construct the sweet and/or railroad crossings at the time of development of the subdivision, escrow for the Developer's portion of the cost may be required. Where a major arterial or minor arterial thoroughfare, or a State Highway, is to be constructed, the Developer shall construct paving a minimum width of 25 feet, if deemed necessary by the City Engineer. The City will reimburse the cost of the excess width to the Developer who installed the paving, at the Developer' s contract price, when City funds become available. When paving thickness in excess of eight (8) inches is required, the City will reimburse the Developer for the additional thickness when funds are available. i. Technical Specifications. The specifications for materials and workmanship shall conform to "Standard Specifications for Public Works Construction," published by North Central Texas Council of Governments. j. Parking Lots. Parking lots for public use shall be constructed of a minimum 5" concrete on a prepared (lime or cement modified) subgrade with adequate surface drainage. All fire lanes shall be constructed of 6" concrete on a prepared (lime or cement modified) subgrade with adequate surface drainage. Asphalt will not be permitted for either parking lots or fire lanes. Additional requirements on the subgrade are set forth in paragraph (I)(E)(1)(a) (page 80). k. Parking Space. Parking spaces shall be a minimum of 9'x20', (10'x20' preferred). 1. Railroad Crossings. All railroad crossings shall be rubberized, as approved by City Engineer. m. Jogging and Bike Paths to require conformance to approved City of Page 83 SUBDIVISION REGULATIONS - CITy QF COPPELL. TEXAS APPENDIX {~ - DESIGN CRITERIA AND STANDARDS ---- SECTION I - STREETS AND ALLEYS Coppell Parks, Recreation and Open Space Master Plan and the approved City Hike/Bike Trail Plan. Sufficient additional right-of-way and easements shall be dedicated for construction of paths and trails. F. Landscaping Treatment Requirements 1. Median Treatment. All medians shall be landscaped and irrigated with an irrigation system in accordance with the approved City Streetscape Plan. The irrigation system shall be designed and installed in such a fashion as to prevent its operation at times of freezing or subfreezing temperature. When a Developer is responsible for the construction of a median opening and left turn lanes in the median, he shall also be responsible for all the costs associated with the required landscaping in those portions of the medians affected by the opening. Any changes made in the landscaping or irrigation system must be approved and indicated on the plans as built/installed, and Developer shall also repair/replace any element of the area affectod by his project, returning the area to its condition prior to his commencing his project. Any and all changes must be approved by the licensed landscape irrigator. 2. Intersection Treatment. All paving in major, secondary, and minor intersections shall be constructed in accordance with standards established in the approved City Streetscape Plan. Concrete pavers shall be used in both street and sidewalk construction. Landscaping at the comers shall conform to the standards in the Streetscape Plan as well as the visibility requirements of this document and the City Zoning Ordinance. 3. Edge and Subdivision Entry Treatment. Landscaping shall be designed in accordance with the approved City of Coppell Streetscape Plan and with the appropriate sections of the City Zoning Ordinance. In residential subdivisions, the Developer shall establish a home owners association to maintain the required screening walls along major/minor arterial and collectors, the landscaping between the walls and the sidewalk and any landscaping/signage at subdivision entry features. The association shall also be responsible for maintaining common area landscaping adjacent to drainage channels. In non-residentiai subdivisions, the Developer may establish a property owners association to maintain the required common area edge landscaping and entry features. If one is not established, it shall become the responsibility of the property owner to maintain the landscaping in conformance with Section 33 of the City Zoning Ordinance. Subdivision entry features will not be allowed unless a mechanism for maintenance, such as a property owners association, is established. Whenever a home or property owners association is established to maintain required landscaping, Page 84 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS ~;ECTION I - STREETS AND ALLEYS the by-laws shall be approved by the Planning and Zoning Commission and City Council when the final plat is submitted for approval. 4. Pavers. Interlocking concrete pavers or other approved pavers are required at all entries to Subdivisions, Commercial shopping centers, and Industrial parks. Pavers are also to be used at major, secondary, and minor intersections according to guidelines set forth in the approved Streetscape Plan, and to delineate all pedestrian/bike path crossings at streets. Pavers shall be selected in conformance with standards set forth in the approved City Streetscape Plan. The City standard paver is Pavestone "Uni-Decor* interlocking or approved equal. The paver is approximately 3 1/8" thick, pigmented and the following color application shall be followed: Intersections shah be antique red as a standard, although dark grey is to be used in the center and light grey as accent banding. Accent banding is to be 4" x 8" rectangular paver, "Holland Stone" or approved equal. Concrete pavers must be saw cut. Block cutters shall not be permitted. All pavers are to be set into a 1" sand leveling bed, on a sub-base of reinforced concrete paving, as per the City of Coppell Standard Construction Details unless alternative paving materials or methods of installation are approved by the City Engineer. They shall be acceptable, if they are comparable in quality, color, texture, and integrity to the City Standard assigned to pavers. 5. Technical Specifications. Installation of landscaping and irrigation system shah be as specified by the landscape architect or landscape contractor that belongs to a bonafide Nurseryman's Association and as approved by the City of Coppert. END OF SECTION Page 85 SUBDIVISION REGULATIONS - CITY OF COPPELL, TEXAS APPENDIX C- DESIGN CRITERIA AND STANDARDS SECTION U - STORM $EWER~ & DRAINAGE · SECTION H - STORM SEWERS & DRAINAGE A. PoHcy Drainage and storm sewer systems shall be designed and constnacted in conformanee with the provisions of the City of Coppell City-Wide Storm Water Management Study, Floodplain Management Ordinance, City of Coppell Standard Construction Details, North Central Texas Council of Governments Standard Specifications and the following: 1. The use of "valley gutters" or unusually warped pavement sections to convey storm water runoff across a street intersection is prohibited. 2. An adequate storm sewer system consisting of inlets, pipes and/or excavated channels or natural creeks and other underground drainage structures with approved outlets shall be constructed where run-off of storm water and the prevention of erosion cannot be accomplished satisfactorily by surface drainage facilities. Areas subject to flood conditions as established by the City will not be considered for development until adequate drainage has ,.. been provided. Any necessary drainage easements shall be a minimum of 20 feet in width. 3. In general, underground drainage shall be constructed in streets and alleys. If approved by the City 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 install erosion control geotextile fabric, which does not deteriorate rapidly and permits or promotes the growth of grasses or sod. Any fabric meeting those requirements may be considered, if approved by the City Engineer. Unless the excavated channel bottom is in Austin Chalk, Limestone, or other similar acceptable rock, a reinforced concrete pilot channel or concrete channel lining (10 foot minimum width) shall be required by the City to prevent erosion and/or for access purposes. All weather driveway access shall be provided to the channel bottom with adequate surface texture to insure tire traction for maintenance vehicles. Location and type of construction of open channels shall be approved by the City Engineer. 4. Natural creeks may remain in open natural condition or excavated channels may be constructed provided they meet the criteria of the "Design Manual for Storm Drainage Facilities" published by the City of Dallas, the City of --- Coppell City-Wide Storm Water Study, and the City of Coppell Floodplain Management Ordinance. Page 86 SUBDIVISION REGULATIONS - CITY OF CQPPELL, TEXAS APPENDIX C- DESIGN CRITERIA AND STANDARDS SECTIQN H - STQRM SEWERS & DRAINAC~E Excavated channels shall be landscaped so as to conform to the minimum standards established in the approved Streetscape Plan. Within 100' of any portion of primary or secondary image zone, trees shall be provided along both sides of the channel at a minimum ratio of one tree for every 40' of length of channel/drainage way. Shrubs and ground cover should be incorporated into the landscaping design for this portion of the drainage way. Within this landscaped area all headwalls for either pipe or box culverts shall be faced with either brick or stone in conformance with paragraph 8 following. Beyond the 100' distance from the primary or secondary image zones, the drainage area shall be landscaped in a manner compatible with the treatment adjacent to the primary and secondary image zones. However, the overall intensity of landscaping treatment may be reduced and concrete headwalls shall be allowed upon approval of the City Engineer. Maintenance shall be performed by a Home Owners Association where an Owners Agreement has been approved by the Planning and Zoning Commission and the City Council during the subdivision plat approval process. 5. When a creek or excavated channel is to remain open, or in its natural _ condition, it shall meet one of the following requirements: a. Creeks or excavated channels with side slopes of 4:1 or flatter from bottom of channel to top of bank may be platted as part of individual lots. The owners of these lots will be responsible for maintenance. The creeks or drainage ways in these areas shall not be maintained by the City, but adequate access and floodway easements (minimum 20 feet in · width) shall be provided to insure protection of these areas for maintenance purposes. b. Creeks or drainage ways with banks which have slopes steeper than 4:1 must be maintained by a maintenance entity other than the individual lot owners. In such cases, the creek or excavated channel shall meet one Of the following two requirements: (1) The area of the floodway shall be provided as a park or floodway management area. Prior to acceptance of any drainage way as a park or floodway management area by the City, the drainage way shall be cleared of all debris, trash and all objectionable underbrush and weeds. All provisions of paragraphs 3 and 4 above must be met. (2) Creeks or drainage ways in any areas which have private maintenance provisions other than individual lot owners, shall Page 87 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C- DESIGN CRITERIA AND STANDARDS -- SECTION H - STORM SEWERS &DRAINAGE not be required as park or floodway management areas. However, the requirements of Paragraph 4 above, shall apply. The creeks or drainage ways in these areas shall not be maintained by the City, but adequate access and floodway easements (minimum 20 feet in width) shall be provided to insure protection of these areas for maintenance purposes. 6. Lakes, detention ponds, and retention ponds may be constructed in all areas provided they are in conformance with the City-Wide Storm Water Management Study and approved by the City Engineer. The City may assume maintenance responsibilities for this type of facility, if approved by the City Council; however, easements (minimum 20 feet in width) shall be pwvided to assure protection of these areas for maintenance purposes. 7. Other innovative drainage concepts will be considered if approved by the City Engineer. 8. Brick or Masonry Headwalls. Headwalls constructed in Public Road right- of-way shall have brick or stone facing. Safety grates shall be provided on ~ all storm sewers. Sloped headwalls at a 3:1 slope using stone or brick facing over a concrete base shall be encouraged, where appropriate, for pipe culverts. Brick or stone facings are required on box culverts and other drainage structures unless otherwise approved by the City Engineer. 9. Open channels shall not be allowed across the front and sides of any developments other than residential. 10. Storm sewer pipe shall be RCP, Class III, unless otherwise directed by the City Engineer. Embedment shall be a minimum 6" crushed stone below pipe and sand to 12" above top of pipe. B. Engineering Design The Engineering design shall generally conform to the criteria set forth in the City of Coppell "City-Wide Storm Water Management Study" and the City of Dallas Drainage Design Manual. Technical Paper 40 should be used to compute rainfall intensities. Upon approval of the City Engineer, Technical Paper Hydro- 35 may be used to compute rainfall intensities. The time of concentration used to compute rainfall intensity shall be as determined by an analysis of the proposed topography but need not be less than 10 minutes. Page 88 $UBDM SION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX ~- DESIGN CRITERIA AND STANDARDS SECTION H - STORM SEWERS & DRAINAGE C. Technical Specifications The specification for materials and workmanship shall conform to the "Standard Specifications for Public Works Construction," published by North Central Texas Council of Governments. END OF SECTION Page 89 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS SECTION HI SANITARY SEWERS SECTION HI - SANITARY SEWERS A. Policy 1. All subdivisions shall be provided with an approved sewage disposal system and where the subdivision is inside the city limits of the City of Coppell shall be connected to the City's sanitary sewer system. 2. Sanitary sewer easements shall be 25 feet wide in open areas and 20 feet wide between residential lots, when necessary. 3. The Developer shall furnish and install the complete sewerage system, including the mains, manholes, cleanouts (mainline and lateral), Y-branches, service laterals for all lots, lift stations and appurtenances, meeting the criteria of the City of Coppell Wastewater Master Plan. 4. Sanitary sewers shall be installed within the street right-of-way or with approval of the City, may be installed within dedicated easements or alleys. 5. Should the subdivision or addition abut and use a sewer main of the City, the Developer shall pay the City a "pro rata" charge as prescribed by the Pro Rata Ordinance of the City for use of the same. 6. An Impact Fee for sanitary sewer facilities will be assessed on new subdivisions in accordance with State Law. This Impact Fee does not exempt the subdivision from the terms of the Pro Rata Ordinance, the costs of extension or oversizing of mains which are not included in the current Impact Fees. 7. Sewer pipe shall have a minimum internal diameter of 8 inches. 8. 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 the Developer's expense. Lift Stations shall be of approved construction and materials. If and when the lift station is no longer needed, the installation will, unless other provisions are made, remain the property of the City of Coppell for reuse or disposal. 9. All manholes shall be equipped with a manhole rain pan and chimney seal. These devices must be a product which has been approved by the City of Coppell. Page 90 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARD~ SECTION HI SANITARY SEWERS 10. Sewer service for each lot shall have a minimum internal diameter of 4 inches and shall extend to the right-of-way or easement line. Depth of ground cover at the property line shall be a minimum of 4 feet and a maximum of 6 feet. 11. Sewers shall be extended across the property being subdivided. 12. Off-site sewer utilities shall be constructed by the Developer at no expense to the City, unless otherwise found necessary by the City for its involvement in construction of said sanitary sewer utilities for the purpose of serving future development as related to pro ram. 13. Sewer lines may be constructed using the following materials: a. Ductile Iron Pipe (only if deemed necessary by the City) b. Polyvinyl Chloride Pipe w/integral bell (shall be SDR 35 green in color) 14. Pipe bedding specifications shall be subject to approval by the City Engineer. Six (6) inches of crushed stone (#10 chat) below PVC sewers to 6" over top of pipe, as shown on standard embedment details. 15. 12 gauge single strand copper wire, with green installation, shall be installed in the backfill material 6 inches above the top of pipe and shall be brought to ground surface at each manhole and mainline cleanout. 16. Prior to acceptance, the sanitary sewer shall be subjected to an air test and/or leakage test. 17. All force mains, stream crossings, railroad crossings, street crossings, and road bores shall be ductile iron pipe, or PVC within steel casing pipe. If force main is constructed of PVC the pipe shall have a water pipe rating, i.e. class 150 for 10" and larger and class 200 for 8" and smaller. 18. All railroad crossings and road bores shall be encased in a steel carrier pipe. The bore carrier pipe shall be grouted at each end. The bore shall be made using dry bore type equipment. No wet bores will be allowed. 19. Manhole spacing shall not be greater than 500 feet. Cleanouts shall not be spaced greater than 200 feet. Page 91 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS SECTION 1II SANITARY SEWERS 20. Horizontal and vertical curves in sewer lines are not encouraged and are subject to approval of the City Engineer on a case-by-case basis. 21. Minimum and maximum grades for sanitary sewers are as follows: LINE SIZE (inches) MINIMUM(%) 0.34 0.25 0.20 0.15 0.11 0.09 0.08 0.07 0.06 MAXIMUM (%) 8.4 6.2 4.9 3.6 2.8 2.3 1.9 1.7 1.4 22. The Developer (Contractor) shall, at his expense, provide a TV examination of the sewer for review prior to acceptance. B. Engineering Design The engineering design shall conform to the criteria set forth in "WPCF Manual of Practice No. 9", latest edition, as published by the American Society of Civil Engineers and the Water Pollution Control Federation and/or "Design Criteria for Sewerage Systems", published by the Texas Natural Resource Conservation Commission. 'Exceptions are as noted below under "Technical Specifications". C. Technical Specifications The specification for materials and workmanship shall conform to the "Standard Specifications for Public Works Construction", published by the North Central Texas Council of Governments and the City of Coppell Standard Construction Details. END OF SECTION Page 92 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C~ - DESIGN CRITERIA AND ~;TANDARD~ SECTION IV - WATER MAINS SECTION IV - WATER' MAINS A. Policy 1. All subdivisions shall be provided with an approved water system. In the corporate limits of the City of Coppell, all new subdivisions shall be connected to the City's water distribution system. 2. The Developer shall furnish and install the complete water distribution system, including the mains, valves, fire hydrants, service, lines, meter yokes and boxes. These installations shall meet the criteria of the City's Master Water Plan. 3. Water lines shall be installed within sweet rights-of-way; or, with approval of the City, may be installed in dedicated easements or alleys. 4. Where water lines are to be installed on private property, the Developer shall secure the necessary easements in the name of the City of Coppell, where necessary. Easements shall be 25 feet wide in open areas and 20 feet wide between residential lots. 5. Water mains shall be a minimum of 8 inch nominal internal diameter, with integral bell. All materials shall conform to AWWA specifications. PVC mains shall be blue. Mains 10" and smaller shall be Class 200, DR-14. Larger than 10" shall be Class 150, DR-18, with integral bell. 6. Water services for each lot shall be a minimum of 1" type K copper. Each service shall be provided with two in-line nylon ball cutoff valves equipped with lock wings and contained inside the meter box. Residential services shall have a 5/8" diameter yoke and shall be equipped with a dual check component (as part of the yoke) and shall be of materials approved by the City (see City of Coppell Standard Construction Details). All other water services shall be equipped with a separate double check back-siphonage device in a separate box meeting the specifications of the City of Coppell. All tapping saddles and connection nipples to water yoke shall be bronze. Service to each lot shall have a maximum cover of 20 inches. Water service lines shall not be spliced under existing or proposed streets or paved areas. 7. Residential subdivisions with more than 200 lots shall install a bacteriological sampling station meeting the specifications of the City of Coppell. Page 93 SUBDMSION REGI. TLATIONS - CITY OF COPPELLs TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARD~ SECTION IV - WATER MAIN~; 8. Valves on all mains shall be located such that the distance between valves is a maximum of 500 feet. On lines larger than 12", additional valves or valve details shall be as required by the City Engineer. All valve stack risers shall be ductile iron. Valves shall be furnished with extensions, such that the working nut is a maximum of 24" below grade. 9. The location and spacing of fire hydrants must meet the following guidelines: Fire hydrants in commercial, industrial, multi-family residential, or detail areas must not be over 300 feet apart along the street. When any potion of the building(s) is in excess of 150 feet from a water supply on a public street, there shall be provided on-site fire hydrants and mains capable of supplying the required fire flow. The location and number of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the public street or on the site premises to be protected as required and approved by the Fire Chief or his designated representative. All hydrants shall be accessible to the fire department apparatus by --- roadways meeting the requirements of the Uniform Fire Code and or City Ordinance. Fire hydrants shall be spaced accordingly on both sides of a boulevard (divided roadway). Fire hydrants in single family residential areas must not exceed 600 feet apart along the street. In determining the hydrant locations, the "radius method" of plotting is not acceptable. When fire hydrants are to be installed by the Developer, such fire hydrants including all surface access roads, shall be installed and made serviceable prior to the time of above ground construction. 10. All fire hydrants shall be painted by the Developer, in accordance with the size of the line constructed: a. 6-inch line- red caps / silver barrel b. 8-inch line- blue caps / silver barrel c. 10-inch line or larger yellow caps / silver barrel. 11. Reflective (blue) fire hydrant spotters shall be installed on all streets at a point opposite fire hydrants; located along centerline of street, closest to fire hydrant. When fire hydrants are located at intersecting comers, blue spotters shall be placed on both streets. Page 94 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAg APPENDIX C - DESIGN CRITERIA AND STANDARDS -.-- SECTION IV - WATER MAIN~ 12. An Impact Fee for water facilities will be assessed on new subdivisions in accordance with State Law. The Impact Fee does not exempt the subdivision from the terms of the Pro Rata Ordinance, or the costs of extension or oversizing of mains which are not included in the current Impact Fees. 13. Should the subdivision or addition abut and use a water main of the City, the Developer shall pay the City the applicable "pro rata" charge as prescribed by the Pro Rata Ordinance of the City for use of same. 14. When PVC pipe is used, 12 gauge single strand copper wire, with blue installation shall be insta__lled in the backfill material 12 inches above the top of the pipe and shall be brought to ground surface every 300 feet in meter se~ice boxes and/or valve stacks. These locations shall be noted on the As- Built Plans. 15. Water lines shall be installed with a minimum cover over the top of the pipe of 42 inches. 16. Water lines shall be pressure tested and disinfected in accordance with AWWA C601. 17. PVC pipe shall have a 6" sand bedding with 6" of sand on each side and 12" of sand over top of pipe. 18. All bends and deflections greater than 10 degrees in mains and hydrant assemblies shall have approved thrust blocks and retainer glands. 19. Fire hydrant connections to mains shall be as follows: Provide flat flange on in-line tee; connect with MIx flange resilient wedge gate valve. Provide retainer glands at all MJ connections at hydrant. 20. Poly-wrap (minimum 8 mil thickness) all ductile iron pipe, MJ fittings, valves, risers, tapping saddles and hydrant lines. Pipe shall be double wrapped at all joints and bends. Extend up each service at least 6 inches. 21. The initial cost of purchase and installation of meter, check valves, etc. (i.e. items associated with water availability) shall be paid for by the Developer or builder, as directed by the City. Meters shall be purchased from the City at the time of building permit. 22. Retaining glands and galvanized "all thread" rods shall be provided on all bends with concrete thrust blocking and polywrap. Page 95 SUBDMSION RE~I. YLATIONS - CITY OF COPPELL. TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS SECTION IV - WATER MAINS 23. Tapping sleeves: Stainless steel tapping sleeves for PVC piping with thrust blocking; solid sleeve compact ductile iron (if not available, east iron) for ductile iron pipe with thrust blocldng. 24. City will operate all valves for loading, testing, or blowing off new lines. 25. No "compression* fittings will be allowed on copper service lines. 26. All road bores shall be made using dry bore equipment. No wet bores will be allowed. 27. Bacteriological tests shall be required on all new water mains prior to acceptance of the project. A minimum of one bacteriological quality test is required for every 1000 feet of line. The results must be negative with no (0/100 ml) coliform. B. Engineering Design The Engineering design shall conform to the criteria set forth in the "AWWA" Standards, as published by the American Water Works Association, Design Criteria for Public Water Systems as published by the Texas Natural Resource Conservation Commission and the City of Coppell Standard Construction Details. C. Technical Specifications The specification for materials and workmanship shall conform to the "Standard Specifications for Public Works Construction," as published by North Central Texas Council of Governments. END OF SECTION Page 96 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS -- SECTION V - UTILITY SERVICES SECTION V - UTILITY SERVICES A. All services for utilities shall be made available to each lot in such a manner so as to eliminate the necessity for disturbing the street and alley pavement, curb, gutter, sidewalks, and drainage structures when connections are made. B. AH gas, electric, telephone utilities, street lighting, and cable television shall be underground except where conditions do not warrant underground installations. The use of above ground utilities may be considered on an individual case basis if the services are placed on the rear property line. C. All support equipment (transformers, amplifiers, switching devices, etc.) necessary for underground installations shall be pad mounted or placed underground. D. 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. E. 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. F. Overhead services will not be permitted to cross public fights-of-ways. G. All borings will be required to be completed by "dry bore" methods with casing pipe or as approved by the City. END OF SECTION Page 97 SUBDM SION REC~I~ILATIONS - CITY QF COPPELL. TEXAS APPENDIX ~ - DESIGN CRITERIA AND STANDARDS SECTION VI- STREET LI(~HTIN~ SECTION VI - STREET LIGHTING A. Street lighting shall conform to the latest edition of the Illuminating Engineering Society Handbook. B. Lighting levels shall be as recommended for: 1. Very light traffic in residential areas. 2. Medium traffic on feeder streets. 3. Heavy traffic on thoroughfares. C. Street lights shall be as manufactured by Kim Standards, or approved equal. D. The initial cost of installation, operation, and maintenance for the first three years shall be paid by the Developer to the City. Maintenance after this period shall be provided by T.U. Electric and operational cost (electrical power expense) provided by the City. END OF SECTION Page 98 SUBDM SION REGULATIONS - CITY OF COPPELL. TEXA~ APPENDIX C - DESIGN CRITERIA AND STANDARD~ SECTION VH - PARKS SECTION VH - REQUIREMF~NT FOR PARK LAND DEDICATION A. This section is adopted to provide recreational areas in the form of neighborhood parks as a function of subdivision development in the City of Coppell. The City Council finds that recreational areas in the form of neighborhood parks are necessary and in the public welfare, and that the only adequate procedure to provide for same is by integrating such a requirement into the procedure for planning and developing property or subdivisions in the City. B. Neighborhood parks are those parks providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served thereby. The park zones established by the Parks and Recreation Department and shown on the official Parks, Recreation and Open Space Master Plan for the city of Coppell shall be prima facie proof that any park located therein is within such a convenient distance from any residence located therein. The primary cost of neighborhood parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, the following requirements are adopted to effect the purposes stated: 1. General Requirement Residentially Zoned Property. Whenever a final plat is filed of record with the County Clerk of the county in which the property lies for development of a residential area in accordance with the planning and zoning regulations of the City, such plat shall contain a clear fee simple dedication of an area of land to the City for park purposes, which area shall be equal to one acre for each 100 proposed dwelling units. For purposes of this section, a dwelling unit is one or more rooms designed or used as separate living quarters for an individual family, including those which are classified as part of a multi-family structure. Any proposed plat submitted to the City for approval shall show the area proposed to be dedicated under this section. The required dedication by this subsection may be met by a payment of money in lieu of land when permitted or required by the other provisions of this section. 2. The City Council declares that development of an area smaller than one (1) acre for public parks purposes is impractical. Therefore, if fewer than 100 units are proposed by a plat filed for approval, the Developer shall be required to pay cash in lieu of dedication of land. No plat showing a dedication of less than one acre of park land shall be approved. Page 99 SUBDM SION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS SECTION VII - PARKS 3. In instances where an area of less than five ares is required to be dedicated, the City Council shall have the right to accept the dedication by approval of the final plat, or refuse same, and to require payment of cash in lieu of land in the amount provided in subsection D, if the City Council determines that sufficient park area is already in the public domain in the area of the proposed development, or if the recreation potential for that zone would be better served by expanding or improving existing parks. The City Council may from time to time request the review of the Parks and Recreation Board regarding the dedication of park land or cash in lieu of such dedication. 4. The dedication required by this section shall be made by filing of the final plat or contemporaneously by separate instrument, unless additional dedication is required subsequent to the filing of the final plat. If the actual number of completed dwelling units exceeds the figure upon which the original dedication was based, additional dedication shall be required, and shall be made by payment of cash in lieu of land amount provided by subsection D, or by the conveyance of an entire numbered lot to the City. C. Prior Dedication; Absence of Prior Dedication 1. Credit shall be given for land and/or money dedicated prior to the enactment of this ordinance. 2. If a dedication requirement arose prior to passage of this section, that dedication requirement shall be controlled by the ordinance in effect at the time such application arose, except that additional dedication shall be required if the actual density of structures constructed upon property is greater than the former assumed density. Additional dedication shall be required only for the increase in density and shall be based upon the ratio set forth in Section B. 3. At the discretion of the City Council, any former gifi of land to the City may be credited on a per acre basis toward eventual land dedication requirements imposed on the donor of such lands. The City Council shall consider the recommendation of the Parks and Recreation Board in exercising its discretion under this subsection. D. Money in Lieu of Land 1. Subject to veto of the City Council, a landowner responsible for dedication under this section may elect to meet the requirements of section B, in whole or in part, by a cash payment in lieu of land, in the amount set forth in D-3. Such payment in lieu of land shall be made at or prior to the time of final plat approval. P~el~ SUBDIVISION REGULATIQN$ - CITY OF COPPELL. TEXAS APPENDIX C - DESIGN CRffERIA AND STANDARDS -.- SECTION VH -PARK$ 2. The City may from time to time decide to purchase land for parks in or near the area of actual or potential development. If the City does purchase park land in a park zone, subsequent park land dedication for that zone shall be in cash only and calculated to reimburse the City' s actual cost of acquisition and development of such land for parks. The cash amount shall be equal to the sum of the avenge price per acre of such land, and the actual cost of adjacent streets and on-site utilities, or an estimate of such actual costs provided by the City Engineer. Once the City has been reimbursed entirely for all such park land within a park zone, this subsequent subsection shall cease to apply, and the other subsections of this section shall again be applicable. 3. To the extent D-2 is not applicable, the dedication requirement shall be met by a payment in lieu of land, at a per acre price set from time to time. by a resolution or ordinance of the City Council, sufficient to acquire land and provide for adjacent streets and utilities for a neighborhood park to serve the park zone in which such development is located. Unless changed by the City Council, such per-acre price shall be computed on the basis of One Thousand Two Hundred Eighty-Five and No/100 Dollars ($1,285.00) per dwelling unit. Cash payments may be used only for acquisition or improvement of a neighborhood park located within the same zone as the development. E. Plan Considerations Land shown on the Park and Recreation Master Plan as being suitable for development of the City for a major recreational center, school site, park or other public use, shall be reserved for a period of one (1) year after the preliminary plat is approved by the City if within two (2) months after such approval the City Council advises the subdivider of its desire to acquire the land or of the interest of another governmental unit to acquire the land, for purchase by the interested governmental authority at land appraisal value at the time of purchase. A failure by the City Council to so notify the subdivider shall constitute a waiver of the right to reserve the land. Any waiver of the right to reserve the land shall no longer be effective if the preliminary plat shall expire without adoption of a final plat. F. Special Fund: Right to Refund 1. There is hereby established a special fund for the deposit of all sums paid in lieu of land dedication under this section or any preceding ordinance, which fund shall be known as the Park Land Dedication Fund. Page 101 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS ._.. SECTION VII- PARKS 2. The City shall account for all sums paid in lieu of land dedication' under this section with reference to the individual plats involved. Any funds paid for such purposes must be expended by the City within ten (10) years of the date received by the City for acquisition or development of a neighborhood park as defined herein. Such fund shall be considered to be spent on a first in, first out basis. If not so expended, the owners of the property on the last date of such period shall be enti~ed to a proram refund of such sum, including all interest accrued. The owners of such property must request such refund within one (1) year of entitlement, in writing, or such right shall be barred. G. Additional Requirements; Definitions 1. Any land dedicated to the City under this section must be suitable for park and recreation uses. The following characteristics of a proposed area are generally unsuitable: (a) Any area primarily located in the 100-year flood plain. (b) Any areas of unusual topography or slope which render them unusable ' for organized recreational activities. (c) Any area encumbered by overhead utility lines or easements of any type which would limit the opportunity for recreational and park development. The above characteristics of a park land dedication area may be grounds for refusal of any preliminary plat. 2. Drainage areas may be accepted as part of a park if the channel is constructed in accordance with City Engineering standards, and if no significant area of the park is cut off by access to such channel. 3. Each park must have ready access to public streets. 4. Unless provided otherwise herein, an action by the City shall be by the City Council. END OF SECTION Page 102 SUBDM SION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS SECTION VIII - MI$CELLANEOIJS SECTION VHI - MISCELLANEOUS A. SWeet Signs. The Developer shall be assessed the cost of all signs and shall pay the City for sweet signs for the subdivision prior to any building permits being issued. The City shall order signs for each subdivision and bill the Developer a fixed fee for each sign. As soon as practicable after final acceptance of streets, permanent street signs shall be installed by the City. B. Sidewalks. Sidewalks shall be constructed of 5 sack 3000 psi concrete and shall have a width of not less than 4 feet and a minimum thickness of 4 inches. Sidewalks shall be constructed for all lots adjoining dedicated streets, along major thoroughfares where lots do not adjoin the street, across power line easements and in other areas where pedestrian walkways are necessary. Sidewalk construction may be delayed until development of lots, but in locations not adjacent to lots and across bridges and culverts, the sidewalk shall be constructed with the other improvements to the subdivision. Sidewalks adjacent to screening walls shall be 5 feet in width and shall abut the wall, eliminating the landscape area found along the wall, thereby reducing maintenance. Routing to clear poles, trees or other obstacles shall be subject to approval by the City Engineer. Sidewalks shall be constructed one foot from the property line within the street or thoroughfare right-of-way and shall extend along the street frontage including the side of comer lots and block ends. Sidewalks along divided arterial shall be no less than 5 feet in width. Concrete pavers shall be incorporated into the design of sidewalks along arterial according to the guidelines established in the approved Streetscape Plan. The plat or construction plans shall show the location of all proposed sidewalks and shall state at what stage of the project they will be constructed. All sidewalks shall conform to A.D.A. requirements. Barrier free ramps should be provided for access to the street. The following specifications shall apply: 1. Ramp to be 4' in width. 2. Ramp to be constructed with 3000 psi concrete. 3. Ramp concrete thickness shall be the same as the street, (6" normal residential). 4. No. 3 bars shall be used for reinforcement (24" on centers). 5. Curb return shall match existing curb height of the street and taper to the connecting walk with a 1 foot radius. 6. Street shall be blocked out (max. 12") and dowels installed. Page 103 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX C - DESIGN CRITERIA AND STANDARDS SECTION VHI- MISCELLANEOUS 7. Saw joints shall be made 11/2" minimum depth and sealed with sillcone joint sealant material. 8. Subgrade shall be prepared to a minimum depth of 6". 9. At no time shall the walk running parallel to the street be altered. 10. Surface of walk may be coarse or ribbed to provide extra traction. C. All lot comers shall be located and marked with minimum 1/2" diameter reinforcing bar, 18" long, and shall be placed flush with the ground or counter sunk, if necessary, in order to avoid being disturbed. D. Screening Walls. Requirements for screening walls shall be in accordance with the provisions of the Zoning Ordinance and Streetscape Plan of the City and shah meet the approval of the City. Wood material shall not be allowed. E. Developer shall install erosion protection for preventing mud from entering the street (i.e. - hay bales, etc.) in accordance with the provisions of the current Erosion Control Ordinance. This erosion protection will be removed at the " direction of the City Engineer when it is no longer necessary. F. Raised Pavement Markers shall be installed on all City streets in accordance with City standards, or as approved by the City Engineer. G. New water mains shall be tested as specified prior to approval. The Developer shall pay all costs necessary to load the new mains with City of Coppell water through a City of Coppell water meter. Costs of the water shall be paid for by the Developer at the Commercial Water Rate. Re-tests as required shall be paid by the Developer or Contractor. H. Contractor shah be responsible for barricading and proper channelization of traffic in accordance with the Texas Manual on Uniform Traffic Control Devices, until all streets in the development are opened to traffic. I. Hike and Bike Trails. It is the policy of the City of Coppell to require the dedication or conveyance of a Hike and Bike trail easement (minimum 10 feet in width) along drainage ways, floodplains and utility rights-of-way in accordance with the City of Coppell Parks, Recreation and Open Space Master Plan. The City also requires the construction of a Hike and Bike trail in accordance with the City of Coppell Standard Construction Details. END OF SECTION Page 104 APPENDIX D STREETSCAPE PLAN SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX D - STREETSCAPE PLAN TABLE OF CONTENTS APPENDIX D STREETSCAPE PLAN TABLE OF CONTENTS SECTION I INTRODUCTION PAGE 107 SECTION II GOALS AND OBJE~ PAGE 109 SECTION IH LANDSCAPE CONSTRAINTS PAGE 111 SECTION IV LANDSCAPE OPPORTUNITIES PAGE 112 SECTION V DESIGN CONCEPTS PAGE 113 SECTION VI STREETSCAPE DEVELOPMENT CONCEPTS PAGE 114 SECTION VII PLANT PALETTE PAGE 119 SECTION VIII STREET HARDWARE AND SPECIAL LANDSCAPE ELEMENTS PAGE 123 SECTION IX IMPLEMENTATION PAGE 126 SECTION X STREETSCAPE DEVELOPMENT CRITERIA PAGE 127 EXHIBIT A SAMPLE HOMEOWNERS ASSOCIATION AGREEMENT PAGE 128 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX D - STREETSCAPE PLAN SECTION I - INTRODUCTION I. INTRODUCTION The Coppell Streetscape Plan has been developed to provide standards for streetscape improvements which will occur within the City of Coppell, Texas. This document serve as a guide for both public and private improvements that occur in and adjacent o thoroughfare rights-of-way. By coordinating and guiding these efforts with a streetscape plan, the public image of Coppell will be enhanced and strengthened. The major issues in design focus on unifying the street image zones and edges, creating identifiable City entry points, and emphasizing major and secondary intersections. The term streetscape was developed in recent years by landscape architects and urban designers to describe the image of a city street and the elements that compose that image. Just as many elements make up a total landscape or a city's physical infrastructure, the same occurs in the streetscape. Overhead power lines, traffic signals, signs, light fixtures, plant materials and street pavings are some of the most noticeable physical elements that are found in the street scene. This scene is also framed and highlighted by the physical forms and character of adjacent developments. A less tangible element of the streetscape is the manner and length of time in which it is observed. The motorist traveling at higher speeds sees and comprehends only an overall image, but stopping at intersections allows for closer observation. Pedestrians travel at a much slower rate and are able to experience a greater range of relationships and detail. However, pedestrians still must contend with the dangers of entering and using a vehicular space. Both the pedestrian and automobile should be accommodated in the street scene. Coppell's streetscape form is evolving from that of a rural community to one of a dynamic business center and residential haven. The impetus to guide this changing form has resulted from the desire to improve and update the image of the city as a complement to the new development that is occurring. The City of Coppell is changing at a rapid pace; the public infrastructure must also change to accommodate this growth, and thereby lies the opportunity for a coordinated streetscape that will enhance the image of Coppell. The streetscape planning process has involved a variety of City officials in both public and private meetings, as well as numerous meetings with development companies that have projects in Coppell. Throughout the process, the overall goals of unifying the streetscape and expressing a quality image have guided the plan's development. Additional goals and objectives were established, which then led to the analysis of existing constraints and opportunities. The goals and analysis phase provided a strong base for the development of design concepts. The major issues in design have focused on unifying the street image zones and edges, creating identifiable City entry points, and emphasizing major and secondary intersections. Page 107 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX D- STREETSCAPE PLAN --- SECTION I - INTRODUCTION The text and drawings which follow are intended to convey the design concepts that were developed for Coppell's streetscape. The concepts and standards are guidelines for developers and provide City officials with criteria for reviewing plans submitted for approval. The concepts guide all public projects and thoroughfare improvements. END OF SECTION Page 108 SUBDIVISION REGULATIONS - CITY OF COPPELL: TEXAS APPENDIX D - STREETSCAPE PLAN SECTION H - GOALS AND OBJE~TIVF~ H. GOALS AND OBJECTIVES A. GOALS 1. Create an identifiable image for the City of Coppell to visitors and residents alike. 2. Improve the aesthetic quality and bring cohesiveness and unity to the street scene. 3. Provide simplicity in design and elements of low maintenance without compromising the overall quality of the project. B. OBJECTIVES 1. Create identity and continuity of the street scene through the use of median landscaping and design standards for thoroughfare R.O.W. 2. Enhance the identity of the community via landscaping of entry mini-parks and entry monuments. 3. Minimize visual clutter at all major intersections and street corners. 4. Develop standards for unified signage (public and private), lighting standards, street furniture and traffic signal standards. 5. Develop a palette of plant and surfacing materials that will be used in targeted public R.O.W. and on private property. 6. Identify major intersections and develop design standards for paving, landscaping, corner treatment and street hardware. 7. Coordinate the streetscape plan with the City of Coppell Park, Recreation and Open Space Master Plan, including bike routes/lanes on the street system and potential underpasses at creek crossings. 8. Identify landscape improvements along the edge of the street which would respond to different land use conditions, i.e. a. Retail/Entertainment - provide visibility to signage and building storefronts b. Industrial - provide softer edge and year round screening Page 109 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX D - STREETSCAPE PLAN ,-- SECTION H - GOAI,~ AND OBJECTIVES c. Office - establish identity and provide seasonal color d. Residential - establish sense of permanence and character 9. Establish typical treatment to mask culvert openings in drainage easements. END OF SECTION SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXA~ APPENDIX D - STREETSCAPE PLAN SECTION HI - LANDSCAPE CONSTRAINTS IH, LANDSCAPE CONSTRAINTS (Figure 1) Most of what currently exists as elements in the street scene can be considered a constraint on landscape/streetscape improvements. Overhead utilities clutter streets to a varying degree, with the T.U. Electric lines being major visual intrusions. City signage and entry markers are uncoordinated. Entries into the City are not strongly designated and the signage is too small to be effective. Several hard edges exist due to high volume thoroughfares or railroad right-of-way. State Highway 121 and I.H. 635 create municipal edges that are noisy and often visually unappealing. The St. Louis-Southwestern Railroad becomes a visual and physical barrier along Belt Line Road due to the elevated tracks. The chain link fence along Belt Line for the power plant is also visually unappealing. Existing land use conditions in the City provide another level of constraint. Large parcels of Coppell still remain undeveloped and are used for farming or grazing. The edges of these parcels have no unifying landscape treatment and are often hard to distinguish from the existing park edges. Industrial districts being developed along Belt Line Road will need some type of landscape treatment to soften their edges. Some of the existing screening wails for subdivisions along Sandy Lake Road and Denton Tap Road have become unsightly due to poor maintenance and little or no landscaping. Future residential developments will have major impacts on the character of existing thoroughfares unless they are properly screened and landscaped. Existing culvert treatment is not unified, is often unsightly and is difficult to mow. Drainage easements have been ignored in terms of their open space and landscaping potentials. END OF SECTION Page SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXA~ APPENDIX D - STREETSCAPE PLAN SECTION IV - LANDSCAPE OPPORTUNYF~-q IV. LANDSCAPE OPPORTUNITIES (Figure 2) Significant opportunities exist to enhance the streetscape aesthetics. Divided thoroughfares in Coppell will provide the opportunity for medians, unified landscape treatment in planting zones, sidewalks, and a redesign of major intersections. These thoroughfares will serve as major image zones for Coppell and present a cohesive streetscape image. These image zones will convey the real image of the city to its users and they must be given a high priority. Other thoroughfares, as they are upgraded, will present similar opportunities for the implementation of streetscape guidelines. New thoroughfares mean that new intersections can be designed. Major and secondary intersections should be identified and treated with a variety of elements - special paving and crosswalks, landscaping, new signage, new lighting and traffic signal standards, etc. The opportunity for new street hardware in major image zones and the public right-of- way is significant. New signage, lighting and traffic signals will do much to unify the streetscape and provide cohesivehess. The new hardware should be of a simple design so it will not be an obtrusive design element, but an organizing backdrop. All the entrances into the City of Coppell need a strong definition. Currently, no major natural features or design elements exist that can be disrupted, so there is ample opportunity for the creation of major entry points through landscaping, paving, and monument signage. The existing edge of North Lake and its park offers a good opportunity to reinforce a natural design element. Similarly, creeks and floodplains could add to the streetscape program as identified in the City of Coppell Park, Recreation and Open Space Master Plan. The open space surrounding the DP&L Power Plant provides an interesting setting for the industrial architecture of the plant. The fields could be seeded with wildflowers to create seasonal color. Many of the ongoing and proposed land developments will provide substantial landscape plans that will add to the proposed streetscape plans. Many of the developers are choosing similar paving and landscape treatments. END OF SECTION Page 112 SUBDM SION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX D - STREETSCAPE PLAN SECTION V - DESIGN CONCEPTS V. DESIGN CONCEPTS A. The key design concepts for the streetscape improvements in the City of Coppert are as follows: 1. Unity - to create a sense of cohesiveness throughout the City that links many various projects and unifies the City's public thoroughfares. 2. Identify - to cream a quality image of Coppert and a sense of arrival when one enters the City's boundaries and travels its thoroughfares. 3. Simplicity - to provide designs that are simple, yet aesthetically pleasing, and that have their own character but will not overpower existing or future development. These three concepts are to be applied in Coppelt to the four major determinants of the City's form and public image; the thoroughfares, intersections, edges and entry points. A range of streetscape elements are used in the design concepts for each major determinant, and will be discussed in each section and illustrated graphically. END OF SECTION Page 113 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXA~ APPENDIX D - STREETSCAPE PLAN SECTION VI - STREET$(~APE DEVELOPMENT CONCEFI~ VI. STREETSCAPE DEVELOPMENT CONCEPTS It is important to recognize that the streetscape scene is the most prominent public landscape image in the community. Thoroughfares are travelled dally; subtle interest and change is created for the motorist through the choice of plant materials which provide seasonal changes in color and texture. Plant materials, on any given thoroughfare can change to accent different land uses along the street. A variety of visual images in the streetscape can be created this way, while an overall planting theme can create a sense of continuity to the street. The framework for Coppell utilizes the techniques of accent planting for variety and color accent, and a dominant street tree that establishes a sense of cohesivehess throughout the City. Cedar Elms have been chosen as the dominant and unifying street tree, with a range of accent trees used for seasonal color and variety (see Table 1 for Plant Palette). Primary and secondary city image zones have been established for their maximum visibility and use, and these zones are priority areas for establishing the streetscape plan. The Cedar Elms should be placed in random groupings in the median and landscape edge adjacent to the thoroughfare; the spacing should not be of a formal consistency, but one where the edge plantings are staggered with the median plantings. A minimum of forty percent (40%) of street trees should be Cedar Elms. The accent trees selected are ones that are native to Texas, such as Crape Myrtle, Redbud and Wild Plum. Even though informal plantings of trees are encourage, formal groupings may be appropriate for certain situations. Other elements of the landscape edge and medians will be discussed later. Typically, sidewalks will be located one foot from the right-of-way line to allow for all utilities, signage, and streetscape hardware. The planting zone will occur in a 15 foot strip in the required front yard adjacent to the right-of-way line in primary image zones, and in a 10 foot strip in second~ image zones. No parking will be allowed in this zone (Figure 13). While trees are utilized to achieve a more unified appearance on the city's thoroughfares, the major entry points and intersections will be key places for providing special identity. Both will rely on special paving and landscaping to cream identity, and the entry points will contain special monument signage. Edges will also receive special landscape considerations depending on the adjacent land use and development. A. Thoroughfare Design Major thoroughfares in Coppell have been designated as Primary City Image Zones and Secondary City Image Zones (Figure 2) based on their intensity of use and proposed status in the Thoroughfare Plan. These zones should be top priority for initial streetscape treatment. Page 114 SUBDIVISION REGULATIONS - CITY OF CO PPELL~ TEXA~ APPENDIX D - ~TREETSCAPE PLAN _, SECTION VI - STREETSCAPE DEVELOP1VIF~NT CONCEPTS Primary_ City_ Image Zone8 Secondary_ City Image ZOneS Denton Tap Road Bethel Road Belt Line Road Moore Road Sandy Lake Road Freeport Road MacArthur Boulevard Parkway Boulevard Thweatt Road Each Primary Zone thoroughfare should be a divided thoroughfare with a 15 foot median. Cedar Elms will be the dominant street tree in the median and edges, accented with Redbud and Wild Plum and accent overstory trees of Sweet Gum or Chinese Pistache. Median noses at left turn lanes will be covered with interlocking pavers interspersed by 18" Juniper planting beds. Grape Myrtles above Honeysuckle planting beds will also accent each end of the Median (Figure 3). Secondary Zone thoroughfares will have a similar landscape scheme, but medians are not a necessity and the roads should be only of a four lane capacity. If a median is used, Bradford Pear will be the accent tree instead of Crape Myrtle and Liriope will be used for ground cover below the Bradford Pears. Each median for Primary and Secondary Zones will also be accented by Pampas Grass in the transition zone. Pedestrian/bike path crossings at streets will be defined by red concrete pavers. B. Intersection Design Intersection designs have been developed for three types of intersections: major, secondary and minor. These three types are identified and located on the Landscape Opportunities map (Figure 2). Major intersections should receive top priority in terms of streetscape implementation. The design of major and secondary intersections should have consistent landscape elements to include a 12" high planting bed for annual and perennial flowers, background plantings of pink and white Crape Myrtles to highlight the bed, and accent overstory trees of Sweet Gum and Chinese Pistache. Crosswalks 15 feet wide shall be constructed in red interlocking concrete pavers with light gray concrete pavers delineating the edges of the crosswalks. The pavers will also be used on the comers where pedestrians will be standing. The center of major intersections should be highlighted by a dark gray concrete paver (Figure 4A) if engineering proves practical. The third level of intersection design is used to define minor intersections. Crosswalks are eight feet wide and shall be constructed in the concrete pavers with no edge banding. Planting beds are not utilized and no special landscaping is required (Figure 5). Page 115 SUBDM SION REGULATIONS - CITY OF COPPELL, TEX~,~ APPENDIX D - STREETSCAPE PLAN SECTION VI - STREETSCAPE DEVELOPM'ENT CONCEPTS C. Edge Design Different land use functions will occur along each thoroughfare creating a variety of physical edges. It is recommended that each of these land use groups be identified by a special landscape theme that will add variety to the streetscape. The land use edges and their respective plantings are as follows: 1. Retail/Entertainment - Grape Myrtles should be grouped at entrance and exit openings to help define them and 30 inch high evergreen shrubs should be used to shield parked cars, yet allow visibility to storefronts. 2. Industrial - Live Oaks should be used to soften the edge and provide year round screening. 3. Office - Bald Cypress should be used to help create identity and provide seasonal color. 4. Residential - Red Oaks and Bur Oaks should be used to establish a sense of permanence and character while providing seasonal color. Please refer to the typical edge treatments in Figures 3, 6A & 6B. The landscape treatments are to be combined with, and not replace, the dominant Cedar Elm street tree plantings. Several existing edges have existing unique streetscape characteristics that need to be enhanced and addressed individually. In each case, Cedar Elms should be planted to provide for continuity of design. t~l~ Lin~/North Lake Edge - The existing park and lake edge should be enhanced by random groupings of Bald Cypress for seasonal color and Parepass Grass to allow views out to the lake. Existing Cattails at the lake's shore should be preserved, as well as the Mesquite trees in the park. Sidewalks should be constructed in a serpentine path that reflects the lake's irregular shoreline (Figure 7). Belt Line/Power Plant Edg~ - The park like grounds surrounding the power plant should be enhanced by screening the existing chain link fence with flowering vines for seasonal color. Wild Honeysuckle should be the dominant vine with other accent vines giving additional color. Wildflowers should be seeded on the power plant grounds for color, while Pecan Trees planted along Belt Line Road could enframe vistas to the grounds and the power plant itself (Figure 7). Belt Line/St. Louis - Southwestern Railroad Edge - The elevated railroad tracks and Iresfie located along the northeastern section of Belt Line Road creates a visual and physical edge. The edge should be improved by planting Pecan Trees on the north Page 116 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX D - STREETSCAPE PLAN SECTION VI - STREETSCAPE DEVELOPMENT CONCEFI~ side of Belt Line in order to screen the elevated track and the berm. The wooden trestles should be left exposed as sculptural elements. However, Hame Leaf Sumac should be planted on the sloped grade by the trestle for color, and Cattails should be planted in the mud flats under the trestle for year round concealment (Figure 8). Sandy Lake Drainage Easement - The existing drainage easement should be converted into a linear park with the following landscape treatments: Cedar Elm planrings along Sandy Lake; Bald Cypress planted through the central portion of the drainage easement but out of the water channel, so as not to impede water flow; the edges of the easement adjacent to residential uses planted with Red Oaks and Bur Oaks as suggested above. The drainage spillways masked with concrete pavers or stone to soften their appearance. Sidewalks of a serpentine nature will suggest a more park like atmosphere (Figure 8). D. Entry Point Design The identity of Coppell can be further defined by creating entry point features at the major and secondary entrances into the City. Ultimately, there should be eight major entry points into the City occurring at the following municipal boundary lines: Belt Line Road (south) MacArthur Blvd. (north) --' MacArthur Blvd. (south) Denton Tap Road (north) Belt Line Road (east) Thweatt Road (west) Sandy Lake Road (east) Bethel Road (west) Several secondary entry points, such as the proposed Freeport Road at the southern boundary, could also be developed. Entry points are designed to create a sense of arrival in the City, both visually and texturally. For major entry points, a twenty foot band or crosswalk of red concrete pavers should stretch across the street, creating a visual and textural sense of arrival. The crosswalk should further be defined by two bands of light gray concrete pavers on both edges. The crosswalks will terminate at two triangular planting beds, one on each side of the street for annuals and perennials (Figures 9-11). A City monument entry sign should be placed behind the planter bed on one of the street sides (location depends on boundary line). Both planter beds are enframed by Grape Myrtles for color, and Sweet Gums or Chinese Pistache as accent overstory trees. The entry monument is of a traditional design (Figure 12). Medians at all entry points should receive special treatment in that the nose should be covered with red concrete pavers and a 10' by 10' planting bed. Grape Myrtles should be planted in the median behind the planting bed (Figures 9-11). Secondary entry points should have a 15' crosswalk with one band of pavers defining each edge. The monument sign should be smaller in scale and a median will probably not be in Page 117 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX D - STREETSCAPE PLAN ~ECTK)N VI - STREETSCAPE DEVELOPMF~NT CONCEPTS the thoroughfare. The landscape scheme should be similar to those at major entry points (Figure 11). END OF SECTION SUBDIVISION REGULATIONS - CITY OF COPPELLs TEXAS APPENDIX D - STREETSCAPE PLAN SECTION VII- PLANT PALETTE SECTION VII- PLANT PALETTE Table 1 depicts recommended plants appropriate for planting in landscaped setbacks, medians, entries, and at other special street edge conditions in Coppell. The purpose of the plant palette is to indicate hardy plant species which should survive Coppell planting conditions, urbanization, insects and disease - and still provide for a variety of landscaping design opportunities. Planting conditions in Coppell are enhanced by the presence of the sandy clay loam soils which are found throughout most of the City. The limiting aspect of the list derives from an intent to bring order and continuity to the planting along the major thoroughfares and to supplement the patterns established by the City. The plants listed reflect both native and introduced species; natives being recommended wherever possible. The Cedar Elm, for example, was selected as the dominant street tree because it is native to the area and an extremely hardy species. The plant palette is not meant to be a complete absolute. If so requested, species not listed can be reviewed for their appropriateness on a case by case basis. If appropriate, the plant may be added to the palette or it may be approved only for one particular project. Page 119 SUBDIVISION REGULATIONS - CITY OF COPPi~,LL. TEXA.~ APPENDIX D - STREETSCAPE PLAN SECTION VH- PLANT PALETI~- TABLE 1 PLANTPALETTE Overstory_ Trees: Range: ~0-60' Bald Cypress Taxodium distichum Cedar Elm Ulmus Crassifolia Pecan Carya illinoinensis Chinese Pistache Pistacia chinesis Bur Oak Quercus macrocarpa Shumard's Oak Querus Shumardii Sweet Gum Liquidambar styraciflua Catalpa Catalpa bignoniodes Honey Locust Gleditsia triacanthos Green Ash or Marshall Seedless Fraximus pennsylvanica, "Marshall" Live Oak Quercus virginiana Western Soapberry Sapindus drummondii Austrain Pine Pinus Nigra Leyland Cypress Cupressocyparis Leylandi Accent Trees: Ranae: 10' - 20' Red bud Cercis canadensis Crepe Myrtle lagerstroemia indica Yaupon Holly Ilex vomitoria Bradford Pear (also Aristocrat Pear) Purus calleryana 'Bradford" Texas Sophorn Spjpra Affomos Wild Plum Prunus americana Crab Apple Malusys abgystufikua Decidious Holly Ilex decidua Flameleaf Sumac Rhus copallina Cherry - Laurel Prunus caroliniana Chasm Tree Vitex Agnus-castus S. Wax Myrtle Myrica Cerifera Page 120 SUBDM SION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX D - STREETSCAPE PLAN ,_ SECTION VII - PLANT PAL~TTR TABLE 1 (continued) Shrubs: Range: 3- 5' Dwarf Crape Myrtle Lagerstroemia indica nana Dwarf Burford Holly Ilex cornuta 'Barfordii Nana' Dwarf Chinese Holly Ilex comuta 'Rotunda' Dwarf Yaupon Holly (also Needlepoint & N.R. Stevens Holly) Ilex vomitoria 'Nana' Fraser's Photinia (Red Tip) Photinia Fraseri Purple Sage Leucophyllum frutescens Purple leaf Japanese Barberry Berberis Thunbergii ' Atropurpurea' Pampas Grass Cortaderia Selloana Nandina (Harbor Dwarf, Gulf Stream) Nandina domestica Juniper Supp. Juniperus chinensis Cattail Typha latifolia Indian Hawthorne Raphiolepis Indica Elaeagnus · Elaeagnus Pungons Ground Cover: Range: 18" Juniper Supp., Blue Pacific, Tam, Bar Harbor Juniperus horizontalis or procumbens Periwinkle Vinca major Liriope Liriope Muscari Asian Jasmine Trachelospermun asiaticurn Vines Coral Honeysuckle Lonicera sempervirens Carolina Yellow 1essamine Gelsemium sempervirens Lady Banksia Rose Rosa Banksiae Cross Vine Bigonia Capreolata Sweet Autumn Clematis Clematis Paniculata Boston Ivy Parthenocissus Tricuspidata Trumpet Campsis Radigan Page 121 SUBDIVISION REGULATIONS - CITY OF COPPELL~ TEXAS APPENDIX D - STREETSCAPE PLAN SECTION VH- PLANT PALETTE TABLE 1 {continued~ Perennial and Annual Flowers Chrysanthemum Chrysanthemum Supp. Cann Canna generalis Cooper leaf Acalypha Wilkesiana Periwinkle Catharanthus roseus Iris Iris Supp. Lantana Lantana Camara Daffodil Narcissus lonquil, Tazetta, &King Alfred Petunia Petunia hybrida Marigold Tagetes Supp. Tulip Tulipa Supp. Zinnia Zinniz Supp. Caladium Caladium Hortuanum 'Candidurn' or 'Pink Beauty' Wild Flowers END OF SECTION Page 122 SUBDIVISION REGULATIONS - CITY OF COPPEIL, TEXAS APPENDIX D - STREETSCAPE PLAN SECTION VIH - STREET HARDWARE AND SPECIAL LANDSCAPE ELE1VIENT$ VIII. STREET HARDWARE AND SPECIAL LANDSCAPE ELEMENTS The term "street hardware" refers to the man-made elements found within or adjacent to the street right-of-way. These include pavers, street lights, traffic signals, telephone/electric poles, and traffic signage. Benches and street furniture have not been included in this study. A. Pavers: The City standard paver for use at intersections, City entry points, at development/subdivision entry features and to delineate all pedestrian/bike path crossings of streets is the interlocking paver "Uni-decor" manufactured by Pavestone (or its equal). Antique red shall be the standard color, although dark gray pavers will be used for centers of intersections and a light gray will be used for accent banding. Accent banding will be accomplished using 4" by 8" rectangular paver, "Holland Stone" (or equal). All pavers are + 2 1/2" thick pigmented concrete pavers set on a 1" sand leveling bed. The subbase shall be reinforced concrete paving, unless another material is approved by the City Engineer. Alternate paving materials at subdivision/development entry shall be acceptable if they are comparable in color, quality and texture to the City standard. B. Street Lights: Research into the possibilities of recommending a traditional fixture to T.U. Electric for use in the street right-of-way indicated that the chances for approval by T.U. are extremely slim. Without T.U. approval for a particular fixture, the City would, be responsible for providing, maintaining, and financing the electric usage of these non-standard fixtures. The 20' and 30' KIM fixtures, presently required by the City and provided by T.U., are therefore recommended as the best alternative for public street lighting. Their simple design and dark brown duranodic finish are compatible with most architectural styles and land use. The more traditional light fixtures would be appropriate for individual projects/developments. The property owner/developer would then be responsible for installing, maintaining and paying for the electric use for these traditional fixtures. C. Traffic Signals: The recommended traffic signal design (Figure 16) was selected to be compatible with the approved City street lights. Both are simple in shape, structurally stable and can be finished in dark brown duranedic or black to match the approved City street lights. D. Telephone and Electric Poles: As evidenced by the Subdivision Ordinance, the City intends to limit the presence of telephone, power and television cable along the street edge. Either underground or rear alley access lines are to be established in all developments. Where alley access lines cross side streets, the City Engineer has recommended to T.U. that simply designed metal support poles be used and set back from the street to minimize any view of the poles/wires. It is also recommended that the metal poles be painted to match the finish on the approved City street lights. Page 123 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX D - STREETSCAPE PLAN .._ SECTION VHI - STREET HARDWARE AND $PE{~IAL LANDSCAPE ELEMEN'I~ E. Regulatory (Traffic) Signage: The basis for the design concept for regulatory signage is the improvement of its appearance over that of the existing unsightly standard of mounting a sign on a galvanized pest. Figures 17 and 18 show the recommended regulatory sign standard for Coppell. The single pele alternative (Figure 17) represents the typical City standard, while the double pele sign is to be used where appropriate along major thoroughfares. In both instances, the peles are to be two (2) inch square steel pests painted to match the finish on the City sweet lights. The backs of all signs are to be painted to match the pests. It is also recommended that the street signs in Coppell be redesigned to reflect the desired traditional character of the City. This can be accomplished through the use of a more traditional style of lettering (with a serif) done on a background which matches (but is lighter than) the dark finish on the pele. F. Automobile Screening: One of the key elements of the streetscape design is the visual screening of the fronts of automobiles parked adjacent to the right-of-way along primary and secondary image zones. Figure 19 depicts two different alternatives for accomplishing this objective. In both instances, the primary screening element is a minimum of thirty (30) inches high measured from the bottom of the curb at the front tire of the automobile. Precast panels covered with ivy, brick walls, and grass covered earth herins are all acceptable screening alternatives. G. Screening Walls: All required screening walls along primary and secondary image zones are to be constructed of brick; the height shall be no less than six (6) feet nor more than eight (8) feet in height, and all walls shall be constructed with a structural concrete foundation. As depicted in Figure 20, the wall shall be detailed so that columns are expressed typically at thirty (30) feet on centers. The texture or plane of the brick shall be changed at the top of the wall to provide additional variety. Cast stone can be used at the top as an alternative cap. Ironwork can be incorporated into the design of screening walls as long as the view beyond is landscaped and is not a view of the rear yards or fences of housing. Sidewalk placement and width may vary to ensure pedestrian safety. A serpentine sidewalk may be appropriate if placement of the walk creates large enough pockets of greenspace for landscaping. Landscaping in the form of shrubs and trees shall be planted between the screening wall and the street so that a minimum of fifteen (15) percent of the wall is obscured by planting. Trees shall be planted at the same minimum density as would be required for non-residential uses. Landscaping shall be planted so as to minimize future conflicts with subsurface utilities. The developer who subdivides the lots adjacent to the wall shall construct the wall ,-- and install the landscaping and an acceptable irrigation system. He shall also create the mechanism for an Owners Association to be respensible for maintenance of the wall and landscaping. Page 124 SUBDIVISION REGULATIONS - CITY ~F COPPELL~ TEXA~ APPENDIX D - ~TREETSCAPE PLAN SECTION VIH - ~TREET HARDWARE AND SPECIAL LANDSCAPE ELE1VtENT~ H. Open Drainageways: Figures 21, 22 and 23 depict landscaping concepts to be considered for incorporation into the engineering design of open drainage areas. The ' primary area of concern relates to those sections of the drainageways which are visible from primary and secondary image zones, within one hundred feet (100') of the R.O.W. Key aspects are the installation of an irrigation system in the landscaped portion of the drainageway by the developer and the creation of an Owner's Association to assume overall responsibility for maintenance of the landscaping. Trees are required along each side of the drainageway at a minimum density of one for every forty (40) feet of frontage. I. Headwall: Figure 24 depicts a headwall for a culvert along an open drainage swale adjacent to a roadway. This detail is particularly more important where curb and guttering will not be installed for several years. The intent is to provide an attractive headwall design over which a mower can be driven or pulled. Stone, brick or concrete pavers are acceptable materials covering the headwall, although the previously mentioned "Uni-decor" concrete pavers (antique red) would be the most desirable alternative. The facing would only be appropriate for permanent headwalls that are visible from primary or secondary image zones (within 100' of the R.O.W.). The requirements for facings for culverts should apply both to pipe culverts and box culverts. "' 1. Landscape Maintenance: The City of Coppell will be responsible for all median maintenance, all paving maintenance, and the repair of streetscape elements when damaged by City initiated utility work in dedicated easements. Other damage to streetscape elements occurring during utility repairs will be the responsibility of the utility company. The established Owners Association or individual property owner will be responsible for the maintenance of streetscape elements in the parkway and the fifteen (15) feet no-parking zone adjacent to the parkway. This will include residential brick screening walls and landscaping in common areas. An Owner's Agreement (see attached Exhibit A) shall be approved during the subdivision plat process and filed with the City. It formally establishes the Owners Association, defines the areas of maintenance and provides the City with the ability to assess the association if maintenance responsibilities are not carried out. END OF SECTION Page 125 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX D - STREETSCAPE PLAN SECTION IX - IMPLEMY~NTATION IX. IMLF_,MY~NTATION Full implementation of the streetscape concepts will necessitate cooperation between the public and private sectors. The use of public monies for improvements within the public right-of-way have already been initiated. In areas adjacent to public and semi-public uses (such as along North Lake) and in areas of existing development, improvements in the edge adjacent to the roadway will have to be carded out by the City. Median landscaping will be the responsibility of the City as will City entry points and certain elements of the intersection design. The primary thrust of this section, however, relates to implementation by the private sector in the development of vacant land and the re. development of existing properties. Property owners are required to conform to landscape guidelines prior to the issuance of a Certificate of Occupancy (C.O.). This document should not be viewed as a rigid or inflexible set of standards for the City of Coppell. Rather, it should be used as an overall set of guiding principles that allows for flexibility in implementation. The standards set forth in the document are suggested guidelines to ensure quality development in Coppell; variations in materials or design are allowable if they are equal to or greater than the suggested standards in materials and design, and if they have been approved by the Coppell City Engineer and City Staff. Because the power of the Streetscape Plan is tied to Zoning and Subdivision Ordinance revisions, Developers will be able to seek variances to specific situations through existing established appeal procedures. END OF SECTION Page 126 SUBDIVISION REGULATIONS - CITY OF COPPELL, TEXAS APPENDIX D - STREETSCAPE PLAN _.. SECTION X - STREETSCAPE DEVELOPMENT CRITERIA X, STREETSCAPE DEVELOPMENT CRITERIA In order to determine the criteria for any particular piece of property, there are five .steps which the developer and/or designer should go through: Step 1: Locate the property on the Streetscape Opportunities map (Figure 2). Information on this map determines the width of the landscape setback and the density of tree plantings in the setback. Along the primary image zones, the landscape setback requirement is fifteen (15) feet with a minimum density of one tree for every forty (40) feet of frontage. For secondary image zones, the setback is ten (10) feet with a minimum requirement for tree planrings of one tree for every fifty (50) feet of frontage. Step 2: Review the general streetscape design concepts for the street edge condition as a function of land use (Figures 7 through 8) and the relevant design concepts for any adjacent intersections. Step 3: Review the Plant Palette (Table 1). Appropriate species of trees, shrubs and surface plantings for the right-of-way and landscaped setback are listed. Step 4: Review the appropriate design concepts in Section VIII - Street Hardware and " Special.-hndscape Elements to determine their impact on the property. Step 5: Review the subdivision and zoning ordinances to determine specific landscape design requirements. The criteria for private development is meant to supplement the work being undertaken by the City, yet have sufficient latitude to correspond to the needs of the individual project. Trees may be grouped close to entry points or accent trees may be used as understory planting. There are many ways to add variety while adhering to the guidelines in this document and the requirements in the Subdivision and Zoning Ordinances. END OF SECTION Page 127 SUBDIVISION REGULATIONS - CITY OF COPPEI.I., TEXA~ APPENDIX D - STREETSCAPE PLAN .... EXHIBIT A - SAMPLE HOMEOWNERS ASSOCIATION A(~REF~MENT SAMPLE FOR SHADF, D AREAS ONLY WARNING: THIS IS A SAMPLE DOCUMF~NT THAT HAS NOT BEEN APPROVED LEGALLY OR AS TO TEXT CONTENT FOR USE BY ANY DEVELOPER. SAMPLE IS TO BE USED ONLY BY CITY OF COPPELL STAFF AS A GUIDE TO TEXT MATERIAL CONCERNING MATTERS OF INTEREST TO THE CITY THAT ARE MARKED AS SHADED AR_~AS HEREIN, THE SHADFx} AREAS OF TEXT ARE SUGGESTED AS EXAMPLES TO BE INCORPORATED IN SUCH A DOCUMENT IN SUBSTANTIALLY THE FORM SHOWN, DEVELOPERS ARE CAUTIONED THAT THE MAIN BODY OF THIS DOCUMENT IS NOT IN FINAL FORM FOR USE IN ANY RESPECTS, EXHIBIT A DECLARATION OF COVENANTS AND RESTRICTIONS THE STATE OF TEXAS § COUNTY OF DALLAS § These Covenants made as of the __day of ,199._, by (Company Name), a Texas Limited Partnership. WITNESSETH: Whereas, Developer desires to establish the Land as a single family development consisting of lots which are individually owned in fee simple; Whereas, Developer desires to establish certain covenants, easements, and restrictions for the mutual benefit and protection of the Owners; Now, therefore, Developer does hereby publish and declare that the following terms, provisions, covenants, conditions, easements, restrictions, reservations, uses, limitations, and obligations shall run with the Land, and shall be a burden and benefit to the Developer, the Owners and their respective heirs, legal representatives, successors, and assigns: ARTICLE I DEFINITIONS Section 1,Ol As used in these Covenants, the following terms shall have the meaning set forth below: Page 128 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX D - STREETSCAPE PLAN --- EXHIBIT A - SAMPLE H~MEOWNER~ ASSOCIATION AGREEM'ENT (a) "Association" shall mean the (insert name) OWNERS ASSOCIATION, a Texas non- profit corporation, created for the purposes and possessing the rights, powers, and authority set forth herein and in the Charter. (b) "Board of Directors" shall mean the Board of Directors of the Association named in the Charter and their successors as duly elected and qualified from time to time. (c) "Building" shall mean any vertical structure located on the Land. (d) "Bylaws" shall mean the Bylaws of the Association initially adopted by the Board of Directors, as duly amended from time to time. (e) "Charter" shall mean the Articles of Incorporation of the Association filed with the Secretary of State of Texas as duly amended from time to time. (f) "Covenants" shall mean the covenants, conditions, easements, charges, servitudes, liens, reservations, and assessments set forth herein. (g) "Deed" shall mean a deed or other instrument conveying the fec simple title to a lot. (h) "Developer" shall mean (Company Name), a Texas Limited Partnership, and any party to whom it shall expressly assign in writing its rights, powers, privileges, or prerogatives hereunder. (i) "First Lien Indebtedness" shall mean any indebtedness secured by a first and prior lien or encumbrance upon a Lot. (.j) "First Mortgage" shall mean any bank, insurance company, savings and loan association, mortgage company, agency, or instrumentality of the United States Government or other institutional holder of First Lien Indebtedness. (k) "Land" shall mean that certain tract of land located in Dallas County, Texas, and more particularly described in Exhibit "A" attached hereto and made a part hereof, together with all and singular the rights and appurtenances pertaining thereto. (1) "Lot" or "Lots" shall mean, individually or collectively, those certain lots designated as Block A, Lots 1 through 50, and Block B, Lots 1 through 10, an addition to the City of Coppell, Texas, according to the plat thereof recorded in the Map Records of Dallas County, Texas. Any portion of sweet right-of-way as designated on said plat (including any portion of said sweet right-of-way designated thereon) as a part of the Common Area of the Association) is not subject to voting, payment or other entitlement of the true residential "Lots" of the subdivisions, as defined in this paragraph. Page 129 SUBDIVISION REGULATIONS - CITY OF COPPELL~ TEXAS APPENDIX D - STREETSCAPE PLAN EXHIBIT A - ~AMPLE HOMEOWNERS ASSOCIATIQN A(~RE~EMENT (m) "Owner" shall mean and refer to the' person or persons, entity or entities, who own of record fee simple rifle to a Lot. The term "Owner" to exclude any person or persons, entity or entities, having an interest in a Lot merely as a security for the performance of an obligation and the term "owner" to include Developer if Developer is a record owner of fee simple rifle to a Lot. (n) 'Plat' shall mean that certain Plat depicting th.e (Subdivision ,Vame), an addition to the City of Coppet!, Dallas County, Texas, as approved by the City Council of the City of Coppell, Texas for r~ording in the Map Records of Dallas County, Texas, as the .same ma): be amended from dane to time. (o) "Residence" shall mean that portion of a Building which is located wholly on a Lot and which is designed as a single-family dwelling unit (including that portion of any such Residence which is a garage for the parking of automobiles). ARTICLE II GENERAL PROVISIONS Section 2.01 The land shall be subject to the Covenants and said Covenants shall run with, be for the benefit of, and bind and burden the Land. Section 2.02 The Covenants shall be binding upon and for the benefit of each owner and his heirs, executors, administrators, trustees, personal representatives, successors, and assigns, whether or not so provided or otherwise mentioned in the Deed. ARTICLE Ill IJ~;E RESTRICTIONS SeCtion 3.01 All lots within the land are hereby restricted as follows: (a) All lots shall be used for single-family residential purposes only. No Building or structure shall be erected, altered, placed, or permitted to remain on any Lot other than a single-family dwelling and, if any, its customary and usual accessory structures (unless prohibited herein). No Building or structure intended for or adapted to business purposes shall be erected, placed, permitted, or maintained on such premises, or any part thereof, save and except those related to development, construction, and sales purposes of the Developer. This covenant shall be construed as prohibiting the engaging in or practice of any commerce, industry, business, trade, or profession on any lot. The restrictions on use herein contained shall be cumulative of, and in addition to, such restrictions on usage as may from time to time be applicable under and pursuant to the statutes, rules, regulations, and Page 130 SUBDIVISION REGULATIONS - CITY OF COPPE~J~. TEXA~ APPENDIX D - STREETSCAPE PLAN EXHIBIT A - SAMPLE HOMEOWNERS ASSOCIATION AC~REEMENT ordinances of the City of Coppell, Texas, or any other governmental authority having jurisdiction over any lot. (b) No Residence constructed in the (Subdivision Name) shall contain less than 2,000 square feet of fully enclosed floor area devoted to living purposes measured from exterior wall to exterior wall for any residence. The fully enclosed floor area devoted to living purposes shall be exclusive of porches, terraces, garages, and other areas not heated or air conditioned. In addition to the foregoing, all Residences shall have a garage of sufficient size for at least two automobiles. (c) No exterior television, radio, satellite disk, or other antenna of any type shall be placed, allowed, or maintained upon any Lot or Building without prior written approval and authorization of the Board of Directors, as hereinafter defined. The Board of Directors may consider permitting such if such receivers are screened from view from any street or road. (d) At least eighty percent (80%) of the exterior walls of the first floor of each Building on a Lot shall be of masonry construction exclusive of doors and windows. Each story above the first story of a Residence shall have masonry coverage consistent with the ordinances of the City of Coppell, Texas. All exterior fireplaces shall be of masonry construction. (e) No exterior storage of any items of any kind shall be permitted except with prior written approval and authorization of the Board of Directors. Any such storage as is approved and authorized shall be in areas attractively screened or concealed (subject to all required approvals as to architectural control) from view from neighboring property, pathways, and streets. This provision shall apply without limitation, to campers, trailers, boat trailers, travel trailers, boats, mobile homes, and unmounted pickup camper units. Also without limitation, no automobile, truck, unregistered vehicle, or other vehicle, regardless of ownership, age, condition, or appearance shall remain on any lot in any manner which could be construed as being stored, neglected, abandoned, or otherwise not in frequent use, except pursuant to written approval and authorization of the Board of Directors. (f) No garbage or trash will be placed about the exterior of an Building, except in receptacles meeting the specifications of the City of Coppell, Texas, and the Board of Directors, and the placement, maintenance, and appearance of all such receptacles shall be subject to reasonable rules and regulations of the Board of Directors. All rubbish, trash, and garbage shall be regularly removed from each Lot and shall not be allowed to accumulate thereon. -- (g) No machinery, fixtures, or equipment of any type, including without limitation, heating, air conditioning, or refrigeration equipment, and clotheslines shall Page 131 SUBDM SION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX D - STREETSCAPE PLAN EXHIBIT A - SAMPLE HOMEOWNERS ASSOCIATION A(~REEMENT be placed, allowed, or maintained upon the ground on any Lot, except with the prior written approval and authorization of the Board of Directors, and then only in areas attractively screened or concealed (subject to all required approvals as to architectural control) from the view of neighboring property, pathways, and streets; and no such machinery, fixtures, or equipment shall be placed, allowed, or maintained anywhere other than on the ground (such as on the roof) except if screened or concealed (subject to all required approvals as to architectural control) in such manner that the screening or concealment thereof appears to be part of the integrated architectural design of the building and does not have the appearance of a separate piece or pieces of machinery, fixtures, or equipment. (h) No gas, electric power, telephone, water, sewer, cable television, or other utility or service lines of any nature or kind shall be placed, allowed, or maintained upon or above the ground on any Lot, except along the perimeter boundary of the Land except to the extent, if any, underground placement thereof may be prohibited by law or would prevent the subject line from being functional. The foregoing shall not prohibit service pedestals and above-ground switch cabinets and transformers where required. (i) No open fires or burning shall be permitted on any Lot any time, and no incinerators, or like equipment shall be placed, allowed, or maintained upon any Lot. The foregoing shall not be deemed to include the use, in customary fashion, of outdoor residential barbecues or grills, however, such barbecues shall not include underground or pit barbecues on an ongoing basis. (j) Except with respect to signs and advertisements placed and maintained by the Developer prior to the conveyance by it of all of the Lots, no exterior signs or advertisements may be placed, allowed, or maintained on any Lot without prior written approval and authorization of the Board of Directors, except for (i) during the applicable initial construction and sales period, one professional sign (of not more than fifteen (15) square feet in size) per Lot may be utilized for advertising and sales purposes; (ii) thereafter, a dignified "for sale" sign (of not more than five (5) square feet in size) may be utilized by the Owner of the respective Lot for the applicable sale situation; (iii) mailboxes and residential name plates may be placed and maintained in conformity with such common specifications, including without limitations, reasonable restrictions, as to size, as may be adopted by the Board of Directors, and (iv) yard signs during election periods as permitted by the City of Coppell. (k) No on-going repairs of any detached machinery, equipment, or fixtures, including without limitation motor vehicles, shall be made upon any portion of any Lot within view of neighboring property, pathways, and streets, without prior written approval and authorization of the Board of Directors. Page 132 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX D - STREETSCAPE PLAN EXItIBIT A - SAMPLE HOMEOWNERS ASSOCIATION AGRI~,~EMI~NT (1) No oil exploration, drilling, development or refining operation, and no quarrying or mining operations of any kind, including oil wells, service, tanks, tunnels, or mineral excavations or shafts shall be permitted upon or under any Lot; and no derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted on any Lot. (m) No Lot shall be maintained or utilized in such a manner as (in the discretionary judgment of the Board of Directors) to present an unsightly appearance, or as to unreasonably offend the morale of or as to constitute a nuisance or unreasonable annoyance to, or as to endanger the health of, other owners or residents of the Land, and no noxious or otherwise offensive condition or activity shall be allowed to exist or be conducted thereon. (n) No Lot shall be maintained or utilized in violation of the Covenants. (o) Motor vehicles owned or in the custody of any Owner can be parked only in the garage or garage apron located upon or pertaining to such owner's Lot, or in parking areas designated by the Board of Directors. No buses, vans, or trucks having a carrying capacity in excess of 3/4 tons or designed for commercial -_ purposes shall be placed, allowed, or maintained on any Lot, except with prior written approval and authorization of the Board of Directors. (p) The garage door on each lot shall be kept closed at all times except when such garage is being entered or exited, and all garages which face a public street shall have operational automatic garage door openers. (q) No Building or improvement (fences, etc.) shall be permitted to fall into disrepair, and any such Building shall at all times be kept in good condition and repair, adequately painted, or otherwise finished. (r) The Owners of any Lot shall have the right to lease or rent all, but not less than' all, of such Lot with the Residence and appurtenances thereon. Any such lease or tenancy is and shall be subject to all of the provisions of this Declaration. (s) Front yard or publicly visible side yard retaining walls shall be of stone, brick, or other approved materials. Other materials such as railroad ties or boards are not permitted unless specifically approved by the Board of Directors. (t) Any fence or wall must be constructed of brick or high quality wood. No wooden lap fencing or shadow box fencing is permitted. No fence shall exceed eight feet (8') in height. Page 133 SUBDIVISION REGULATIO N$ - CITY OF COPPELL, TEX. Ag APPENDIX D - STREETSCAPE PLAN EXHIBIT A - SAMPLE HO1VIEQWNER~ A~$QCIATIQN AGREEMENT ARTICLE IV ASSOCIATION ORGANIZATION AND MANAGEMENT $~;tion 4.01 The Board of Directors of the Association shall consist of not less than three (3) no more than six (6) members, the exact number to be fixed in accordance with the provisions of the Bylaws. The initial Board of Directors shall consist of , and Section 4.02 The Association shall have two classes of voting membership: (a) Class A: Class A members shall be all Owners with the exception of the Developer. Class A members shall be entitled to one (1) vote for each Lot which they own. When more than one person holds record title to a Lot, all such persons shall be members of the Association; however, the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any such Lot. (b) Class B: The Class B member shall be the Developer. The Class B member shall have a total number of votes equal to votes per lot which he owns. However, on the later of (a) December 31, 19 , or when the Class B member only retains ti~e to one remaining Lot, the Class B member shall at all times thereafter be entitled to only one (1) vote for every Lot owned by it. Notwithstanding anything to the contrary contained herein, the Class B member shall be entitled to only one (1) vote for each Lot which it then or thereafter owns. Section 4.03 Each Owner of a Lot shall be a member of the Association, and such membership shall continue so long as such person or entity continues to be an Owner. The membership of any Owner in the Association shall be appurtenant to and may not be separated from record ownership of any Lot, and the transfer of any membership in the Association which is not made as a part of the transfer of a lot shall be null and void. Ownership of a Lot shall be the sole qualification of being a member of the Association. Each Owner shall comply with all rules and regulations as established by the Association from time to time. Land within the street fight-of-way of the (Subdivision Name) street system that is designated as Common Area of the Association on the recorded plat of the subdivision, while not a true voting "Lot", shall be considered land within the Association and a part of the maintenance common area. Section54.04 The Association shall have the duty to enforce the covenants and maititain all common areas on the land and shall have the right, power, and authority to do any act which is consistent with or required by the provisions of these Covenants or the Bylaws, whether the same be expressed or implied, including but not limited to the following: Page 134 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX D - STREETSCAPE PLAN EXHIBIT A- SAMPLE HOMEOWNERS ASSOCIATIQN AGREEMENT (a) The power to levy and collect Assessments (0f whatever nature) for th~ maintenance~ x~pair, or replacement of the common areas existing on the land and for such other purposes as are herein provided for; Co) The power to keep accounting records with respect to all activities and operation of the Association, and hire management or legal services to provide for administration of the Association; (c) The power to contract with and employ others for maintenance and repair; and (d) The power to adopt rules and regulations concerning the operation of the Association. If the Board of Directors shall fall or refuse to enforce the Covenants or fail to maintain the common areas for an unreasonable period of time, after written request to do so, then any aggrieved Owner may enforce these Covenants on his own behalf by appropriate action, whether in law or in equity or the City of Coppcll, through its City Council, may enforce such covenants to the extent herein set forth. Section 4.05 For the purpose of these restrictions, Common Areas that are expected to be maintained by the Association include, but are not limited to: (a) The masonry wall and foundation along (Street Name); Co) The landscaping and irrigation between (Street Name) Wall and curb; (c) The entry area landscaping, irrigation, walls, signage, and security building; (d) That portion of any street right-of-way, including pavement. subgrade and curbs to the streets and alleys or sidewalks of the (Subdivision Name} that are designated aS Common Areas on the recorded plat of the subdivision even though dedicated to:th~ public; (c) The recreation building located on Lot 5 of Block A; and (f) The grounds maintenance building located on Lot 6 of Block A. $~tion 4.06 Of the common areas listed above, the following arc "Common Areas of City Interest" as that term is used herein: (a) The masonry wall and foundation along (Street Name); (b) The landscaping and irrigation between (Street Name) Wall and curb; Page 135 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXA~ APPENDIX D - STREETSCAPE PLAN EXHIBIT A - SAMPLE HOMEOWNERS ASSOCIATION AGREEMENT (e) The entry area landscaping, irrigation, walls, signage, and security building; and (d) That potion of any street right-of-way, including pavement, subgrade and cu.r~.'. the streets and alleys or sidewalks of the (Subdivision Name) that are deaignate~. Common Areas on the recorded plat of the subdivision even though dedicated to public; Section 4.07 Should the association or its Board fail or refuse to maintain such Common Areas of City Interest to City specifications for an unreasonable time, not to exceed ninety days after written request to do so, the City ~f Coppell, by and through a majority of i~s City Council members, shall have the same right, power and authority as is herein given to the Association and its Board of Directors to enforce these covenants and levy assessments necessary to maintain the Common Areas of City Interest listed in Section 4.06. It is understood that in such event; the City of Coppell., Texas, through its City Council, may elect to exercise the rights and powers of the Association or its Board of Directors, to the extent necessary to take any action required and levy any assessment that the Association might have, either in the name of the Association, or otherwise, to cover the cost of maintenance of said Common Areas of City Interest. ARTICLE V ASSESSMENTS MAINTENANCE FUND AND ASSESSMENT LIENS Section $.01 The Association shall possess the right, power, authority, and obligation to establish an annual assessment sufficient in the judgment of the Board of Directors to pay when due all charges and expenses related to the operation of the Association. Such annual assessments so established shall be payable by the Owners on the first day of each calendar year. They shall be applied to the payment of charges for which the Association is responsible, including, without limitation, charges relating to maintenance and repair, public liability and other insurance coverage which is required or permitted to be maintained by the Association, taxes, assessments, and other governmental impositions not separately levied and assessed, utilities not separately assessed, professional services (such as accounting and legal), and such other costs and expenses as may reasonably relate to the proper operation, management, and administration of the Association. No consent or approval of the Owners shall be required for the establishment of the annual assessments contemplated by this section. During initial sales and construction phases, Owners other than the original developer shall pay a pro rata assessment based upon the balance of the remaining calendar year, to be calculated starting the month following the date of purchase, with one twelfth (1/12) of the annual assessment calculated for each remaining month of the calendar year. This pro rata assessment is due and payable within 30 days from the date of purchase. Thereafter, the assessments are annual as per this section. Page 136 $I,rBDIVISION RE(;I. YLATIQNS - CITY OF CO PPELL, TEXAS APPENDIX D - STREETSCAPE PLAN EXHIBIT A - SAMPLE HOMEOWNERS ASSOCIATION AGREEMI~NT Initial assessments are anticipated to be dollars ($ ) per lot per month which will be the basis for determining pro rata assessments on a calendar year basis. Section 5.02 Prior to the commencement of each calendar year, the Association, through the Board of Directors, shall prepare and deliver to each of the Owners a budget setting forth the anticipated expenses for the ensuing year. Such budget shall be in sufficient detail so as to inform each Owner of the nature and extent of the expenses anticipated to be incurred, and shall be accompanied by a statement setting forth each owner's annual pro rata share thereof and the date on which such annual assessment first commences to be payable. The Board may provide that annual assessments shall be paid monthly, quarterly, semi-annually, or annually. No further communication shall be necessary to establish the amount of each owner' s obligation regarding the annual assessment payable hereunder, and the failure of the Board of Directors to timely deliver the budget provided for herein shall in no event excuse or relieve an owner from the payment of the annual assessments contemplated hereby. Any budget prepared and delivered to the Owners as hereby contemplated may be amended as and to the extent reasonably necessary, and the amount of an Owner's annual assessment changed, to correspond therewith. Section 5.02(a) The Annual Assessments shall include reasonable amounts, as determined by the Board, collected as reserves for the future periodic maintenance, repair, and/or replacement of all or a portion of the Common Area. All amounts collected as reserves, whether pursuant to this Section or otherwise, shall be deposited by the Association in a separate bank account to be held in trust for the purposes for which they were collected and are to be segregated from and not commingled with any other funds of the Association. Assessments collected as reserves shall not be considered to be advance payments of regular Assessments. Section 5.03 In addition to the annual assessments contemplated hereunder, the Association shall possess the right, power, and authority to establish special assessments from time to time as may be necessary or appropriate in the judgment of the Board of Directors to pay (i) non-recurring expenses relating to the proper operation, management, and the administration of the Association, or (ii) non-recurring expenses relating to the proper maintenance, care, alteration, improvement, or reconstruction of specific Lots (including the Buildings thereon) in the manner hereinafter specified. SeCtiOn 5.04 Each Owner shall be personally obligated to pay his pro rata share of all assessments established pursuant to these Covenants. Each Owner's pro rata share shall be equal to a percentage of the total amount of the assessments established pursuant to these Covenants determined by dividing one by the total number of Lots. Any unpaid assessments shall constitute the personal obligation of the Owner of such Lot at the time such assessment became due. No Owner shall be enti~ed to exempt himself from the liability of such Owner's obligation to pay such assessments by an abandonment of his Lot or by any other action whatsoever. Any such assessment not paid within ( ) days of the date due shall bear interest at the rate of ( %) per annum, and shall be recoverable by the Association, together with interest as aforesaid and all costs and expenses of collection of suit, including reasonable attorney's fees, Page 137 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX D - STREETSCAPE PLAN EXHIBIT A - SAMPLE HOMEOWNERS ASSOCIATION AGREEMENT in a court of competent jurisdiction sitting in Dallas County, Texas. It shall be the responsibility of the Board of Directors to collect any such delinquent assessments, the existence of which shall be made known by written notice delivered to the defaulting owner and such Owner's First Mortgagee. Not withstanding the previous paragraph, until such time as Class B member votes transition to one vote per lot pursuant to Section 4.02 (b), the Developer shall not be obligated to pay pro rata share assessments on lots owned by the Developer. Section ~.05 An Owner's pro rata share of all assessments established pursuant to these Covenants shall be secured by a lien upon such Owner's Lot and the Residence located thereon in favor of the Association, which lien shall be prior and superior to all of the liens and encumbrances upon such Lot and Residence, regardless of how created, evidenced, or perfected, other than the liens securing the payment of First Lien Indebtedness and the lien for unpaid taxes, assessments, and other governmental impositions. Such lien and encumbrance may be enforced by any means available at law or in equity, including, without limitation, a nonjudicial foreclosure sale of the Lot of a defaulting owner conducted in accordance with the provisions of V.T.C.A. Property Code Section 51.002 with the Board of Directors having the power to appoint a trustee to conduct such sale. The Association or any other Owner may be the purchaser at such foreclosure sale. Section 5.06 The Association shall promptly transmit to an Owner, such Owner's First Mortgagee, or any other interested party requesting such information, a statement setting forth the amount of any delinquent assessments payable by an owner, as well as the amount of the annual assessment payable at the time of such request. ARTICLE Vl IMPROPER MAINTENANCE BY OWNER Section 6.01 In the event any Lot (including Building or Residence located thereon) is, in the judgment of the Board of Directors so maintained by its Owner as to not comply with these Covenants or so as to present a public or private nuisance or so as to substantially detract from the appearance or quality of the neighboring Lots or other areas of the Land which are substantially affected thereby or related thereto, the Association, through the Board of Directors, may, by resolution, make a finding to that effect specifying that the particular condition or conditions which exist, and pursuant thereto deliver notice thereof to the offending Owner that unless corrective action is taken within ten (10) days, the Association will cause such action to be taken at such owner's cost. If at the expiration of said ten (10) day period of time the requisite corrective action has not been taken, and unless a reasonable extension is approved by the Board of Directors the Board shall be authorized and empowered, on behalf of the Association, to cause such action to be taken. Such corrective action allows for access, and trespass may be necessary to complete the maintenance. The cost (the "Maintenance Cost") Page 138 SUBDIVISION REGULATIONS - CITY OF CQPPELL, TEXAS APPENDIX D - STREETSCAPE PLAN EXHIBff A - SAMPLE HOMEOWNERS ASSOCIATION AGRE~EMF~NT thereof shall be assessed against the Lot of the offending Owner and shall be secured by the Maintenance Lien as hereinafter provided. Written notice of such assessment shall be delivered to the offending Owner which notice shall specify the amount of such Maintenance Cost and shall demand payment thereof within thirty (30) days after the date of said notice. Section 6.02 The Board of Directors shall have the right at any time there are unpaid Maintenance Costs outstanding with respect to a Lot to file with the County Clerk of Dallas County, Texas, a statement describing such lot and declaring the amount of unpaid Maintenance costs relating thereto in which event, upon such filing, there shall be automatically imposed on such Lot a Lien (the "Maintenance Lien") in favor of the Association for the amount of such unpaid Maintenance Costs relating to any such lot. Upon a payment of the Maintenance Costs secured by such maintenance Lien by or on behalf of the Lot against which the Maintenance Lien is imposed, the Board of Directors shall file or record with the County Clerk of Dallas County, Texas, and appropriate release of such Maintenance Lien previously fried against the Lot thereof for such Maintenance Costs. The Maintenance Lien shall be for the sole benefit of the Association. Section 6.03 Each Owner, for himself, his heirs, executors, administrators, trustee, personal representatives, successors and assigns, covenants and agrees: (a) That he will pay to the Association within thirty (__) days after the date of written notice thereof any Maintenance Costs assessed against his Lot; and (b) That by accepting any Deed to his Lot, he shall be and remain personally liable for any and all Maintenance Costs assessed against his Lot while he is (or was) the Owner thereof, regardless of whether such Covenants or agreement are expressed in such Deed and regardless of whether he signed the Deed. Section 6.04 If the Owner of any Lot fails to pay the Maintenance Cost when due, the Board of Directors may enforce the payment of the Maintenance Cost and/or the Maintenance Lien by taking either or both of the following actions, concurrently or separately, and by exercising either of the remedies hereinafter set forth, the Board of Directors does not preclude or waive its rights to exercise the other remedy: (a) Bring an action at law and recover judgment against the Owner personally obligated to pay Maintenance Cost; (b) Foreclose the Maintenance Lien against the Lot in accordance with the prevailing Texas law relating to the foreclosure of realty mortgages and liens (including the power of conducting a nonjudicial sale in accordance with the provisions of V.T.C.A. Property Cede Section 51.002 and the right to recover a deficiency). The Board of Directors shall have the power to appoint a trustee to conduct such sale. The sale or transfer of any Lot shall not affect the Maintenance Lien. Page 139 SUBDM SION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX D - STREETSCAPE PLAN EXHIBIT A - SAMPLE HOMEOWNERS ASSOCIATION AGREEM~NT $~tion 6.05 In any action taken pursuant to Section 6.04 of this Article, the Owner shall be personally liable for, and the maintenance Lien shall be deemed to secure the amount of, the Maintenance Cost together with interest thereon at the rate of percent ( %) per annum, and reasonable attorney's fees. ARCHITECTURAL CONTROL Section 7.01 The Developer hereby appoints an Architectural Control Committee (herein so called), which shall consist of three (3) members who shall be natural persons. The initial members of the Architectural Control Committee are: ., , and All matters before the Architectural Control Committee shall be decided by majority vote of its members. After , 199 , the Association shall assume all of the rights and powers of the Architectural Control Committee and shall exercise same, through the Board of Directors, in the manner herein provided. In the event of death, incapacity or resignation of a member of the Architectural Control Committee, the successor for such member shall be appointed by the majority of the remaining members of the Architectural Control Committee, if such death, incapacity or resignation occurs on or before the above date and by the Association if such death, incapacity or resignation occurs thereafter. $~tion 7.02 No Building, fence, wall, sign, exterior light, or other structure or other apparatus, either permanent or temporary, shall be commenced, erected, placed, or maintained upon the Land (or any Lot constituting a part thereof), nor shall any remodeling or reconstruction thereof, exterior addition thereto, change therein, or alteration, excavation, subdivision, or resubdivision thereof, including without limitation changes in or alterations to grade, roadways, and walkways, be made until three (3) copies of the plans and specifications showing the nature, kind, shape, height, materials, color, and location, and other material attributes of same, shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Architectural Control Committee. All plans and specifications submitted to the Architectural Control Committee shall include plats showing the proposed locations on the Land and the dimensions of all improvements and shall specify in addition to construction diagrams and specifications, all materials to be used and color schemes for all improvements. If the Board fails to approve or disapprove such design and location within thirty (30) days after such plans and specifications have been submitted to it, approval of the Architectural Control Committee will be deemed to have been given, and this Article will be deemed to have been fully complied with. The Architectural Control Committee shall have the right in the sole discretion of the Architectural Control Committee, to disapprove any plans and specifications submitted to it for any of the following reasons: (a) If such plans and specifications are not in accordance with any of the provisions of these Covenants or the codes, ordinances, and regulations of the City of Coppell, Texas; (b) if the external design, elevation, appearance, location, or color scheme for the proposed improvements are not in harmony with the general surroundings of the Land or Page 140 SUBDIVISION REq;IJLATIONS - CITY OF COPPELL. TEXAS APPENDIX D - STREETSCAPE pLAN --- EXHIBIT A - SAMPLE HOMEOWNERS ASSOCIATION AGREEMENT with the adjacent dwellings or structures or with the topography; (c) if the plans and specifications submitted are incomplete; (d) if the design, appearance, or location of any landscaping is not in harmony with the general surroundings or topography; (e) if the Architectural Control Committee deems the plans and specifications, or any part thereof, to be contrary to the interest, welfare, or rights of any or all parts of the Land. The Architectural Control Committee is authorized to accept whatever drawings, plans, or specifications as it deems desirable within its sole discretion to be in satisfaction of the foregoing. The decision of the Architectural Control Committee shall be final, conclusive, and binding upon all Owners. Neither the Architectural Control Committee nor Developer shall be responsible in any way for any defects in any plans or specifications submitted, revised, or approved in accordance with the foregoing, nor for any structural or other defects in any work done according to such plans and specifications. The signature of any two members of the Architectural Control Committee on any such plans and specifications with "approved" or "disapproved" written or stamped thereon sh_all be prima facie evidence as to such approval or disapproval being the act of the full Architectural Control Committee. Section 7.03 The Architectural Control Committee shall have the right, but not the obligation, to enforce the provisions of these Covenants and to such end shall have the same powers as herein given to the Association and its Board of Directors. If the Architectural Control Committee shall fail or refuse to enforce these Covenants for an unreasonable period of time after written request to do so by any aggrieved Owner, then such aggrieved Owner may enforce these Covenants on his own behalf by appropriate action. Section 7.04 Neither Developer, the Association, the Architectural Control Committee, and the Board nor the officers, directors, members, employees and agents of any of them, shall be liable in damages to anyone submitting plans and specifications to any of them for approval, or to any Owner of property affected by these restrictions by reason of mistake in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval variance or failure to approve or disapprove any such plans and specifications. Every person who submits plans or specifications, and every Owner of any of said property agrees that he will not bring any action of suit against Developer, the Association, the Architectural Control Committee, the Board, or the officers, directors, members, employees and agents of any of them, to recover any such damages and hereby releases, and quitclaims all claims, demands, and causes of action arising out of or in connection with any judgment, negligence, or nonfeasance and hereby waives the provisions of any law which provides that a general release does not extend to claims, demands, and causes of action not known at the time the release is given. ARTICLE VIII ASSOCIATION ORGANIZATION AND MANAGEMENT -- ~ection 8.01 The Architectural Control Committee may allow reasonable variances and adjustments of these conditions and restrictions in order to overcome practical difficulties and Page 141 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX D - STREETSCAPE PLAN EXHIBIT A - SAMPLE HOMEOWNERS ASSOCIATIQN AGRF~EME~ prevent unnecessary hardships in the application of the regulations contained herein, but is not under any obligation to issue variances. However, variances shall be in conformity to the intent and purposes hereof and provided also that in every instance such variance or adjustment will not be materially detrimental or injurious to other Lots or improvements on the Land. Determination of such a finding shall lie with the Architectural Control Committee. Granting of a variance for one property does not obligate the Committee to grant further variances for other properties. Each such variance request shall be on a case by case basis. Should the Committee find that a granted variance produced an undesirable result, the Committee may elect not to grant other similar requests. ARTICLE IX LAND SUBJECT TO THIS DECLARATION Section 9.01 All of the Property and any right, rifle, or interest therein shall be owned, held, leased, sold, and/or conveyed by Developer, and any subsequent owner of all or part thereof, subject to these Covenants and the covenants, restrictions, charges, and liens set forth herein. ARTICLE X MISCELLANEOUS $~cfion 10,01 Subject to the limitations of Section 10.03, these Covenants may be revoked or amended in the following manner: (a) Until December 31, 19 , the Board of Directors, together with a majority of the Owners, shall have the right, from time to time, to revoke or amend these Covenants for any purpose by instrument beating the signature of a majority of the Board of Directors and a majority of the Owners duly acknowledged and recorded in the records of the Office of the County Clerk of Dallas County, Texas. (b) On or after January 1, 19 , sixty-two percent (62%) of the Owners may from time to time revoke or amend these Covenants for any purpose by instrument beating the signatures of sixty-two percent (62 %) of the Owners, duly acknowledged and recorded in the Deed Records of the office of the County Clerk of Dallas County, Texas. $~tion 10,02 These Covenants shall be effective upon the date of recordation hereof, and as amended from time to time, shall continue in full force and effect to and including December 31, 20 . From and after said date, these Covenants, as amended, shall be automatically extended for successive periods of ten (10) years, unless there is an affirmative vote to terminate these Covenants by the then Owners of fifty-one percent (51%) of the Lots ~ ~al;l~al by. majority vol~ of the then members of the City Council of th~ City of Coppell. Page 142 SUBDIVISION REGULATIONS - CITY OF COPPELL. TEXAS APPENDIX D - STREETSCAPE PLAN --- Exumrr A - ~AMPLE HOMEOWNERS ASSOCIATION AGREEMENT ~ Sections 10.0l and 10.02, notwithstanding, the provisions hereof in regard to the duty of the Association and/or its Board of Dir,.:ctors to maintain all tile, coralnon are. as as set out in Article IV, the assessment procedure set out in Article V. and the rights extendr.xt to the City of Coppell set out in Sectkin 4.07 in regard to th,.: Coxnines Areas of City lntumst gt out in Section 4.06. shall not be revolaxi or amended without the additional approval of a majority of th~ then members of the. City Council of the Cily of Copp~!l, Texas. ~l~tion 10.03 If any provisions of these Covenants shall be held invalid or unenforceable, the same shall not affect the validity or enforceability of any of the other provisions hereof Section 10.04 Whenever notices are required to be sent hereunder, the same shall be sent to the Owner who is the intended recipient, by certified or registered mall, return receipt requested and postage prepaid, at the address of such Owner' s Lot and further provides that any such notice may be delivered in person. Notices shall be deemed received when actually received and whether or not received when deposited in a regularly maintained receptacle of the United States Postal Service in accordance with the provisions hereof. Notices sent to the Architectural Control Committee or the Association shall be sent by certified or registered mall, return receipt requested and postage prepaid, only at such address as has previously been specified by the Architectural Control Committee to the Owners or by the Board of Directors to the Owners, respectively. The Architectural Control Committee and the Association may, from time to time, change such specified addresses by giving the Owners notice of such change in the manner herein provided. $~tion 10.05 Whenever the context so requires, the use of any gender shall be deemed to include all genders, the use of the plural shall include the singular, and the singular shall include the plural. Section 10.06 All captions, rifles, or headings of the Articles or sections in these Covenants are for the purpose of reference and convenience only, and are not to be deemed to limit, modify, or otherwise affect any other provisions hereon, or to be used in determining the intent or context hereof. Section 10.07 If any interest purported to be created by these Covenants is challenged under the Rule Against Perpetuities or any related rule, by interest shall be construed as becoming void and of no effect as of the end of the applicable period of perpetuities computed from the date when the period of perpetuities starts to run on the challenged interest; the "lives in being" for computing the period of perpetuities shall be those which would be used in determining the validity of the challenged interest. Page 143 SUBDM SION REGULATIONS - CITY OF COPPELL, TEXAs APPENDIX D- STREETSCAPE PLAN Ii~XHIB1T A - SAMPLE HOMEOWNERS ASSOI~IATION A(i;REEMF~NT EXECUTED on the date first above written. DEVELOPER: (Company Name), a Texas Limited Partnership By: STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the day of , 19 , by , , of (Company Name). a Texas Limited Partnership, on behalf of said Partnership. Notary Public State of Texas My Commission Expires: Page 144 " COPPELL STREETSCAPE STUDY " COPPELL STREETSCAPE STUDY "" COPPELL STREETSCAPE STUDY " COPPELL STREETSCAPE STUDY COPPELL STREETSCAPE STUDY """ -~,~,~,~ "' ,, ' COPPELL STREETSCAPE STUDY """'"¢~'"~- " COPPELL STREETSCAPE STUDY COPPELL STREETSCAPE STUDY ENTRY MONUMENT SIGN CAST STONE CARNG CAST STONE PANEL WI]I-I D!;3:~'ESS~"D Lr,]]e. KS CAST STONE INerT BRICI( TO MATCH TOil CE~IT}~ --- COppELL STREETSCAPE STUDY -----'- 15' ~ I NO PARKING CURB UNE ,,_.R.'~..W. 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