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(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)
(A) Street lights will be required in all new subdivisions.
(B) Initial cost of installation and cost of operation and maintenance for the first three years shall be paid to the local governing body. Maintenance and operation costs after this shall be under separate contract.
(C) Street lights shall conform to Chapter 98, “Outdoor Lighting/Dark Sky Ordinance”, as amended, to the extent practicable.
(2005 Code, § 13-1-20) (Ord. passed 4-21-2005; Ord. 220712A, passed 7-12-2022)
With respect to double frontage lots, dual access shall be prohibited except by approval of the City Council and a permit so issued under the terms and conditions as established by the Council.
(2005 Code, § 13-1-22) (Ord. 940804A, passed - -; Ord. passed 4-21-2005)
(A) The City of Heath may, but is not obligated to, accept private streets into the public street and roadway system of the city upon conformance to the following provisions:
(1) A petition, signed by property owners representing at least 66-2/3% of the lots abutting a private street, must be submitted to the City Secretary. The petition shall be submitted on forms obtained from the City Secretary. In the alternative, the Board of Directors of the Homeowners Association (HOA) for the affected subdivision may submit a notice procedure to the affected property owners. The procedure must be submitted to the City Secretary and approved by the City Council prior to any acceptance;
(2) All of the infrastructure must be in a condition that is acceptable to the city;
(3) All security stations and other structures not consistent with a public street development must be removed or disabled;
(4) The City Council may require that monies in a homeowner association fund, designated for street maintenance, be delivered to the city. In the absence of a homeowners association and/or the fund, the Council may require the property owners to reimburse the city for any street maintenance provided during a period of time specified by the Council;
(5) The subdivision plat must be submitted as a re-plat dedicating the rights of way and other easement to the city; and
(6) Any and all homeowner association documents must be modified and re-filed to remove any specific reference to any private streets converted to public streets.
(B) For private streets that do not meet the requirements of divisions(A)(1) through (6) above, the following procedure may be considered by the City Council to accept the private streets:
(1) In order for the City Council to consider a petition requesting that the city take over ownership and maintenance of a private street under this section, the petition must be signed by a minimum of 80% of the property owners abutting the private street and must be submitted to the City Secretary. The petition shall be submitted on forms obtained from the City Secretary;
(2) The subdivision or properties would need to be either platted or replatted dedicating 100% of the right-of-way needed for the project including any additional utility easement needed for the improvements;
(3) The petition must request that the city finance, design, and construct a new street to city standards along with water and sanitary sewer lines (sewer if available in the area);
(4) The city would be responsible for 50% of the street paving design and construction cost, of the cost of water system upgrades relating to providing fire flow, and the city would be responsible for 0% of the sanitary sewer design and construction cost;
(5) The petitioners would be responsible for 50% of the street paving design and construction cost, 100% of the sanitary sewer design and construction cost, and 0% of the water line improvement cost;
(6) Should the City Council agree to the proposed project, the city would have up to 24 months to begin construction in order to allow time for budgeting and design of the project;
(7) The project may be financed for up to 20 years with reimbursement collected from each property owner. Financing and payback will be determined at the time of the application and construction of the improvements. City may enter into an agreement with property owners on a form approved by the city which shall identify the estimated cost of the improvement or expansion, the schedule for initiation and completion of the improvement or expansion, a requirement that the improvement or expansion be designed and completed to city standards and any other terms and conditions as deemed necessary by the city. The agreement shall provide for the method to be used to determine the amount of the reimbursement by the property owner for construction of the improvements or expansion in accordance with this section;
(8) The city may finance the project through the issuance of bonds or through any other authorized mechanism, in such manner and subject to such limitations as may be provided by law; and
(9) Nothing in this section shall be deemed in any way to be an exclusive method of enforcing the payment of the costs against the property owner, and shall not be deemed in any manner to be a waiver of the city's right to validly assess the property owners concerned for costs of the installation of improvements or expansion and to fix and enforce liens against the properties, all of which may be done as provided herein in the manner allowed by law. The liens are security for the expenditures made and interest accruing as allowed by law.
(C) Upon certification of the requisite number of signatures on the petition by the City Secretary, if such is presented in accordance with division (A)(1) above, the City Council shall consider the petition at its first available meeting upon due notice being given to the HOA.
(2005 Code, § 13-1-23) (Ord. passed 4-21-2005; Ord. 050421C, passed - -2005; Ord. 050818, passed - -2005; Ord. 060302, passed 3-2-2006; Ord. 151110E, passed 11-10-2015; Ord. 170328-B, passed 3-28-2017)
(A) General requirements; non-residentially zoned property.
(1) On non-residentially zoned property, in instances where land is required for trail construction in accordance with the Parks, Recreation, and Trails Master Plan in the city's Comprehensive Plan, the city shall have the right to require the land dedication for approval on the final plat or refuse the same.
(2) Land dedicated for trails shall be developed in accordance with the provisions herein.
(B) Land dedication for trail development.
(1) In instances where land dedication for trail development is required, the Council shall have the right to require construction of a trail in accordance with the city's engineering and design guidelines.
(2) Construction of a trail must be completed in conjunction with all other public improvements/infrastructure and approved by the city prior to release of a building permit, or as a part of the building improvement as approved by the Council. All improvements or construction on or within the dedicated area to be installed by the applicant/developer shall be completed in accordance with the approved construction plans. Finished projects shall be maintainable and acceptable as determined by the City Engineer.
(3) In instances where a sidewalk and trail are in the same location, the trail will replace the sidewalk. Park development fees will only be credited for the difference of the required width between a sidewalk and the trail. The applicant/developer may receive a credit of park development fees equal to the cost of construction up to the amount of the fees required. Reimbursement will not be made to the applicant/developer for any amount of construction costs in excess of the required fees credited.
(Ord. 180327B, passed 3-27-2018)
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