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(A) (1) Prior to the issuance of any permit for the construction of on-site improvements in any development, there shall be paid by the developer a sewer availability charge for each family dwelling unit to be constructed on the tract of land to be developed. This excludes developments where each lot requires its own septic or similar system.
(2) Prior to the issuance of any building permit, in any residential development, there shall be paid by the developer, or builder, a sewer availability charge for each family dwelling unit to be constructed.
(3) The amount of such charges shall from time to time be established be resolution of the City Council.
(B) (1) Sanitary sewer mains and services shall be constructed in accordance with city standards and specifications at the time the property is developed regardless of sewer availability.
(2) If, at the time the property is platted, it is determined not to be feasible to design said sewage collection system as required by this division (B), the developer and the city shall enter into a developer’s agreement to provide for payment into escrow or by other appropriate means, of the estimated cost of the sanitary sewer collection system, plus engineering design costs.
(2005 Code, § 13-1-12) (Ord. 950504A, passed - -; Ord. passed 4-21-2005)
(A) Prior to the issuance of any permit for the construction of on-site improvement in any develop, there shall be paid by the developer a water availability charge for each family dwelling unit to be constructed on the tract of land to be developed. This excludes areas where water is furnished by a private carrier.
(B) The amount of the charges shall from time to time be established by resolution of the City Council.
(2005 Code, § 13-1-13) (Ord. passed 4-21-2005)
(A) (1) When a proposed subdivision of land abuts on both sides of an existing substandard road, or on one side of the road, being substandard according to the then existing current City of Heath standard specifications, the developer shall be required to improve the existing road, including sidewalks, to bring the same to City of Heath standards, or to replace it with a standard city street at no cost to the City of Heath other than as set out in the cost sharing policy of the city in effect at the time of approval of the final plat. If the proposed subdivision is located along only one side of a substandard road, and when in the City Council’s judgment, it is not feasible to reconstruct the substandard road at the time of development of the subdivision, the City Council (Planning and Zoning Commission) may permit the developer to pay into escrow an amount equal to 115% of the developer’s share of the cost of said improvements as a condition of the approval of the final plat of the subdivision. If the proposed subdivision is located along a state road, as herein designated, which is considered substandard, the developer shall be required to escrow funds for the cost of improvements for curb and gutter, sidewalks and storm drainage on nonresidential subdivisions.
(2) Developers of residential subdivisions along state roads shall be required to escrow funds for 50% of the estimated cost of the required road improvements applicable to that subdivision. State roads shall include FM 740, FM 549, FM 550, FM 1140 and FM 3097. The amount of escrow shall be as determined by the City Engineer or his or her designated representative and shall be payable prior to construction of the subdivision streets and utilities. When funds have been provided and placed in escrow with the City of Heath for the development of a substandard road, the road is reconstructed by a party other than the escrowing developer and at no cost to the City of Heath, the escrowed funds and accrued interest, if any, shall be refunded to the developer after completion and acceptance of the improvements. Where in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially injured, upon recommendation by the City Planning and Zoning Commission, the City Council may, in specific cases, at a regular meeting of the City Council, and subject to appropriate conditions and safeguards, authorize special exceptions to these regulations in order to permit reasonable changes to these regulations in order to permit reasonable development and improvement of property where the literal enforcement of these regulations would result in an unnecessary hardship.
(3) Notwithstanding the provisions of divisions (A)(1) and (2) above, if a proposed subdivision contains five acres or less but at least one acre and only one single-family residence is to be located on the tract, the City Council may consider a reduction in the street and drainage fee otherwise due by dividing the proposed fees by the land area in the proposed subdivision. Tracts of land greater than five acres may be considered for reduction in fees when, at the determination of the Council, the land is not suitable or subject to being further subdivided.
(B) All new roads within proposed subdivisions shall, at a minimum be built to a width and design which will adequately serve that subdivision. In addition, when required by the city in the interest of the community, the developer may be required to build larger streets to the width shown on the Thoroughfare Plan. If more than 48 feet (back of curb to back of curb) is constructed the city will reimburse the developer for the excess width when funds become available, unless the additional width was required by the City Engineer or traffic planner to adequately serve the needs of that subdivision. Streets which dead-end at power lines, railroads or similar right-of-way, shall be constructed in right-of-way for half the distance across the rights-of-way. Where streets are adjacent to undeveloped land and the property line is normally the centerline of the street, the developer shall provide right-of-way of sufficient width and shall construct paving a minimum width of 31-street width feet, if deemed necessary by the City Engineer or traffic planner. If the city in the interest of the community, requires the subdivider to construct more than 31-street width feet, the city will reimburse the cost of the excess width to the developer who installed the paving, at the actual cost of construction, with no reimbursement for additional right-of-way which required to construct the additional paving in excess of 31-street width feet as funds are available. No reimbursement will be made, however, when the City Engineer or traffic planner determines that the excess width is required to serve that subdivision. When, in the City Council’s judgment, it is not feasible to construct the street and/or railroad crossing at the time of the development of the subdivision, escrow for the development of the subdivision, escrow for the developer’s portion of the cost may be provided in accordance with this section. In the event the street and/or railroad crossing has been constructed or is being constructed by others, the developer shall pay his or her pro-rata share of the improvements. Escrow or pro-rata shall be payable prior to construction of streets and utilities.
(C) When reimbursing the developer for oversize development costs, the City of Heath shall pay for a maximum engineering fee of 6% of the construction reimbursement.
(D) If the improvements of the road or street do not occur within 20 years from the date the money is so placed on deposit with the city, the money, including any earned interest thereon, shall be returned to the property owner of record at that time.
(E) Should the city establish an assessment program for street improvements on any road within the city, any funds already placed in escrow for road improvements to the street as required by this section shall be credited toward the property owner of record at the time of assessment.
(2005 Code, § 13-1-15) (Ord. 030320B, passed - -; Ord. passed 4-21-2005; Ord. 140513C, passed 5-13-2014)
(A) Dependent upon the circumstances of a particular subdivision where access is not deemed adequate by the City Council, the Council may require the developer to provide and construct off-site access roadways which conform to the street layout standards as provided for in § 158.06 above. If the access is provided, the developer and city shall enter into a facilities agreement prior to final plat approval, for the construction of the access roadway. The agreement shall contain engineering cost estimates, the number of square feet in the proposed roadway, any pro rata scheduled plus any other matter deemed appropriate by the parties.
(B) For any subsequent subdivision utilizing such facilities, a facilities agreement shall be required between the city and any subsequent developer. Any costs due prior developers as determined by the city’s engineer, consistent with the city’s policies on thoroughfare improvements shall be prorated as the use by the new subdivision bears to the amount due. The prorated amounts will be made a part of any subsequent facilities agreement, collected by the city, and repaid to the original developer making the improvements. All the reimbursements or prorations shall be based on the actual cost of the improvements at the time of their construction. The original developer shall provide the city with the acceptable documentation of actual construction cost from which calculation of reimbursable amounts will be made for inclusion in the facilities agreement.
(2005 Code, § 13-1-16) (Ord. passed 4-21-2005)
(A) Sidewalks; general requirements.
(1) Sidewalks shall be provided on all streets in areas zoned for one- or two-family residential development and on all streets designated on the adopted master thoroughfare plan. The city may require sidewalks in other locations. All required sidewalks shall be constructed by the builder at the time the lot is developed.
(2) Sidewalks along streets that are adjacent to common areas shall be built by the developer during development of the subdivision. If the sidewalk is adjacent to a drainage facility or creek, the developer shall install a barrier as prescribed by the Building Official or City Engineer.
(3) If, at the time the property is developed, it is determined to be unfeasible to construct the sidewalks as required, the builder shall pay into escrow the estimated cost of the sidewalks. The amount of escrow shall be as determined by the City Engineer or his or her designated representative, and shall be payable prior to construction of any buildings or other improvements. Where in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially injured, upon recommendation by the City Planning and Zoning Commission, the City Council may, in specific cases, at a regular meeting of the City Council, and subject to appropriate conditions and safeguards, authorize special exceptions to these regulations in order to permit reasonable development and improvement of property where the literal enforcement of these regulations would result in an unnecessary hardship.
(4) In the event that an existing subdivision has been substantially developed (50% completion) without the construction of sidewalks, an owner of property constructing a residence in that subdivision may petition the Building Official for a waiver of the requirements of division (A)(1) above. The Building Official shall grant the waiver unless the Building Official deems that a waiver would endanger the safety of the general public or would otherwise be inconsistent with future development in or around that subdivision.
(B) Sidewalk construction.
(1) Size and location. All sidewalks shall be at least four feet wide or in conformance with the Pathways Plan, whichever is greater, and shall be located between the curb or grade line of the street and the right of way line, no closer than two feet to the curb or grade line. The City Engineer or Building Official may approve an alteration of the alignment so that the sidewalk meanders within the area between the curb and right of way line.
(2) Concrete required. Sidewalks shall be constructed of concrete and shall be reinforced with bars. Construction specifications for sidewalks shall be maintained in the engineering standards of the city.
(3) Fire hydrant location. Where a sidewalk is to be constructed and a fire hydrant would be located within the forms, the forms shall curve around the fire hydrant so that the walk misses the fire hydrant by a minimum distance of one foot. A transition of ten feet is required in and out of curved areas.
(4) Drainage. All sidewalks shall be built at an elevation that will not impede or be otherwise detrimental to proper lot drainage, with natural grade preferred.
(C) Wheel-chair access ramps.
(1) Location. A wheel-chair access ramp must be constructed at any point where a proposed sidewalk intersects a city street with the exception of walks leading from the street to the door of a residence. Access ramps must be constructed with a maximum one-inch wide expansion material between the street and ramp flush with the finish grade.
(2) Grade. Care shall be taken to ensure a uniform grade meeting ADA requirements on the ramp, free of sags and short grades. Access ramps shall be built to grades no greater that one foot of fall per 12 feet in length.
(3) Surface finish. Surface texture of the ramp shall be obtained by coarse brooming, perpendicular to the slope of the ramp.
(4) Curb and gutter. The normal gutter line shall be maintained through the area of the ramp. Curb cuts for ramps shall be located as shown on street plans or as approved by the City Engineer.
(D) Maintenance.
(1) Responsibility for sidewalk maintenance.
(a) Duties. It shall be the duty and obligation of all owners and occupants of real property, who have sidewalks located in the right-of-way adjacent to their property, at their own cost and expense, to maintain and keep the sidewalks level and free of depressions, excavations, elevations, inconsistencies, obstacles, obstructions or encroachments, natural or artificial, above or below ground level or which overlap or impinge upon, or appropriate any part of the sidewalk areas or areas within eight feet of the sidewalk.
(b) Exceptions.
1. Unless otherwise specified herein or by maintenance or development agreement, the requirements for trail maintenance shall not apply to trails designated on the city’s approved comprehensive trail plan, as may be amended from time to time.
2. If reported within six months of the occurrence, any damage done to a sidewalk by the city or a contractor of the city shall be repaired by the city or the contractor. Any damage done to a sidewalk by a franchised utility shall be repaired by the franchised utility.
(2) Provisions for adequate maintenance of sidewalks.
(a) Inspection and notification. When the city determines that any section of sidewalk requires repairs or maintenance, a letter describing the necessary repairs shall be sent to the adjacent property owner of record. The letter shall be personally delivered to the property owner or mailed by regular or certified mail. If the letter cannot be delivered by personal service or by regular or certified mail, notification shall be given by publication in the official newspaper at least twice within 16 consecutive days.
(b) Time of response. The property owner shall have 30 days from receipt of the notice described in the preceding division to make the necessary repairs. If weather conditions or other extenuating circumstances dictate, the 30-day period may be extended by the Director of Public Works, provided that the property owner has contacted the Director of Public Works prior to the expiration of the 30-day period.
(c) Failure to repair. Any repairs that are not performed by the adjacent property owner, and which are determined to be hazardous to pedestrians or other users of the sidewalk, may be performed by the city or a city contractor. Upon completion of the repairs, the city shall, in the same manner as set forth in division (D)(2)(a) above, provide the property owner with a notice that shall include:
1. The identification of the property;
2. A description of the violation;
3. A statement that the city has made the necessary repairs;
4. An explanation of the property owners right to request a hearing within ten days of receipt of the notice; and
5. A statement that if the property owner refuses to pay the expenses within 30 days from receipt of the notice, the Mayor or his or her designee shall obtain a lien against the property by filing with the County Clerk a notice of lien and statement of expenses incurred.
(d) Request for hearing. The property owner may file a written request for a hearing with the City Council in order to contest the amount or validity of the charges. Upon receipt of a timely request, a hearing shall be set before the City Council.
(e) Filing of lien. If no hearing is requested, if a hearing is not timely requested, or if a hearing is held and the charges are determined to be valid, and the property owner fails or refuses to pay the charges within 30 days from receipt of the notice to pay, the City Council may assess the costs incurred against the adjacent property owner, whereupon the Mayor or his or her designee shall file a notice of lien and statement with the County Clerk of the costs incurred for the repair of the sidewalk and the city shall have a privileged lien on the property second only to tax liens and liens filed by the city for street or utility improvements. The notice of lien shall state the name of the property owner of record and the legal description of the property. The lien shall bear interest at the rate of 10% per annum from the date the work was performed or payment therefore was made by the city.
(2005 Code, § 13-1-17) (Ord. passed 4-21-2005; Ord. 060323B, passed 3-23-2006; Ord. 070816A, passed 8-16-2007; Ord. 130709A, passed 7-9-2013)
(A) The subdivider shall be required to enter into an agreement with the city which will govern his or her subdivision if there are no pro rata payments, city participation and cost, escrow deposits or other future considerations, variances granted to this section or other nonstandard development regulation. This agreement shall be based upon the requirements of this section and shall provide the city with specific authority to complete the improvements required in the agreement in the event of failure by the developer and to recover the full legal cost of the measures. The city may subordinate the facilities agreement to the prime lender if provided for in the agreement.
(B) The facilities agreement shall be a legally binding agreement between the city and the developer specifying the individual and joint responsibilities of both the city and the developer. Unusual circumstances relating to the subdivision shall be considered in the facilities agreement such that the purpose of this section best served for each particular subdivision. The facilities agreement may stipulate pro rata payments, city participation in unusual facilities, escrow deposits or other payments for future facilities, variances granted to this section and other particular aspects of the development. The developer shall include in the agreement a hold harmless indemnity clause agreeing to hold the city harmless against any claim arising out of this developer’s subdivision or any actions taken therein.
(2005 Code, § 13-1-18) (Ord. passed 4-21-2005)
(A) Adoption. There is hereby adopted by the City of Heath, Texas for the purpose of prescribing standards for development, the standards for design of development within subdivisions, and it is hereby incorporated herein as if fully set out in length herein and from the date on which this section shall take effect the provisions thereof shall be controlling within the corporate limits of the City of Heath. A copy of the standards shall be kept on file in the office of the City Secretary.
(B) Enforcement. The enforcement of this code shall be by the mayor of the City of Heath, Texas, or through any person whom he may designate provided that such person is employed as a employee or under a contract with the city.
(2005 Code, § 13-1-19) (Ord. passed 4-21-2005)
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