§ 3.1. Streets.

a.

The arrangement, character, extent, width, grade and location of all streets shall conform to the City of Terrell's Thoroughfare Plan and TCSS, and shall be considered in their relation to existing and planned streets or driveways (whether within the City of Terrell, within its ETJ area, or within adjacent municipal or County areas), to topographical conditions, to public safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. Reserve or residual strips of land controlling access to or egress from other property, or to or from any street or alley, or having the effect of restricting or damaging the adjoining property for subdivision purposes, or which will not be taxable or accessible for improvements are prohibited by both State law and by this ordinance unless such are required by the City in the public interest (such as to enhance public safety or other public interest). All streets shall be constructed in accordance with Section 5 [V] and with the City's TCSS.

b.

Proposed streets shall provide a safe, convenient and functional system for vehicular and pedestrian circulation, shall be properly related to the Thoroughfare Plan and any amendments thereto, and shall be appropriate for the particular traffic characteristics of each proposed subdivision or development. All streets shall be open and unobstructed at all times. The layout of the street network shall, to the greatest extent possible, be sited and aligned along natural contour lines, and shall minimize the amount of cut and fill on slopes in order to minimize the amount of land area that is disturbed during construction, thereby helping to reduce storm water runoff and preserve natural, scenic characteristics of the land.

c.

Adequacy of Streets and Thoroughfares.

1.

Responsibility for Adequacy of Streets and Thoroughfares. The developer shall ensure that the subdivision is served by adequate streets and thoroughfares, and shall be responsible for the costs of rights-of-way and street improvements, in accordance with the following policies and standards, and subject to the City's cost participation policies on oversized facilities.

2.

General Adequacy Policy. Every subdivision shall be served by improved streets and thoroughfares adequate to accommodate the vehicular traffic to be generated by the development. Proposed streets shall provide a safe, convenient and functional system for traffic circulation; shall be properly related to the City's Thoroughfare Plan, road classification system, Comprehensive Plan and any amendments thereto; and shall be appropriate for the particular traffic characteristics of each development.

3.

Road Network. New subdivisions shall be supported by a road network having adequate capacity, ingress/egress, and safe and efficient traffic circulation. The adequacy of the road network for developments of one hundred (100) or more dwelling units, or for developments generating one thousand (1,000) or more "one-way" trips per day, or for developments involving collector or arterial streets not appearing on the City's adopted Thoroughfare Plan, shall be demonstrated by preparation and submission, prior to or along with the construction plat application, of a traffic impact analysis prepared in accordance with Subsection f., Traffic Impact Analysis, which takes into consideration the need to accommodate traffic generated by the development, land to be developed in common ownership and other developed property. In the event that the property to be developed is intended as a phase in a larger development project, or constitutes a portion of the land to be ultimately developed, the City Council may require a demonstration of adequacy pursuant to this Section for additional phases or portions of the property as a condition of approval for the proposed construction plat. In the event that the applicant submits a traffic impact analysis for an entire phased development project, the City may require an update of the study for each subsequent phase of the development which reflects any applicable changed conditions. If the construction plat is in conformance with the Thoroughfare Plan a traffic impact analysis is not required. The need and scope of the traffic impact analysis will be determined by the City Engineer.

4.

Approach Roads and Access. All subdivisions with more than 50 lots or dwelling units must have at least two (2) points of vehicular access (primarily for emergency vehicles), and must be connected via improved roadways to the City's improved thoroughfare and street system by one or more approach roads of such dimensions and improved to such standards as are hereinafter set forth. Requirements for dedication of right-of-way and improvement of approach roads may be increased depending upon the size or density of the proposed development, or if such need is demonstrated by traffic impact analysis.

(a)

"Two (2) points of vehicular access" shall be construed to mean that the subdivision has at least two (2) improved roads accessing the subdivision from the City's improved thoroughfare system, and the subdivision has at least two (2) road entrances. The City Council may, at its discretion and upon a finding that such will not compromise public safety or impede emergency access, accept a single median-divided entrance from the City's improved thoroughfare system provided that the median extends into the subdivision for an unbroken length of at least one hundred feet (100') to an intersecting internal street which provides at least two (2) routes to the interior of the subdivision. For example, the entrance street is not a dead-end or cul-de-sac, and it does not create a "bottleneck" allowing only one emergency route into the interior of the subdivision. Residential lots may not front onto any median-divided street section, and residential driveways may not be located in front of a median. (Also see Section 3.1.u.)

(b)

The subdivision shall be designed to provide adequate emergency access for public safety vehicles. Each residential lot in the subdivision shall have a minimum frontage on a dedicated public street as required by applicable zoning or thirty feet (30'), whichever is greater, unless other provisions have been authorized through planned development approval. Each non-residential lot shall have a minimum frontage on a dedicated public street as required by applicable zoning or fifty feet (50'), whichever is greater, unless other provisions have been authorized through planned development approval.

5.

Off-Site Improvements. Where traffic impact analysis demonstrates the need for such facilities, or where the City believes public safety is at risk, the property owner shall make such improvements to off-site collector and arterial streets and intersections as are necessary to mitigate traffic impacts generated by the development or in conjunction with related developments. The City may participate in the costs of oversize improvements with the property owner as set out herein, and subject to the City's cost participation policies on oversized improvements.

6.

Street Dedications.

(a)

Dedication of Right-of-Way. The property owner shall provide all rights-of-way required for existing or future streets, and for all required street improvements, including perimeter streets and approach roads, as shown in the Thoroughfare Plan and as required by the TCSS or by other valid development plans approved by City Council. In the case of perimeter streets, additional needed right-of-way up to half of the total required right-of-way width for such streets shall be provided unless the proposed development is on both sides of the street, in which case the full right-of-way width shall be provided, or unless there is some other compelling reason to require more than half of the right-of-way width (such as, avoiding the infringement upon or demolition of existing structures, avoiding crossing a creek or flood plain or some other obstacle, or other similar circumstance) In some instances, more than half of the required width shall be required when a half street is impractical or unsafe and depending upon the actual or proposed alignment of the street, such as in the case of a curved street, as may be required by the City Council. (See Section 1.9.)

(b)

Perimeter Streets. Where an existing half-street is adjacent to a new subdivision or addition, the other half of the street shall be dedicated, and an appropriate amount of the street shall be improved, by the developer of the new subdivision or addition. (See Section 1.9.)

(c)

Slope Easements. The dedication of easements, in addition to dedicated rights-of-way shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes. Such slopes shall be no steeper than four feet (4') horizontal run to one foot (1') vertical height, or a four-to-one (4:1) slope.

7.

Street Construction. All streets and thoroughfares shall be constructed and paved to City standards and within rights-of-way as required by the Thoroughfare Plan and this Ordinance, and in accordance with the TCSS and other City standards as may be from time to time amended or adopted.

8.

[Installation requirements.] Intersection Improvements and Traffic Control Devices shall be installed as warranted in accordance with the traffic impact analysis required by Subsection f., or as may be required by the City for traffic safety and efficiency. Construction and design standards shall be in accordance with City standards and the TCSS.

9.

Phased Development. Where a subdivision is proposed to occur in phases, the applicant, in conjunction with submission of the construction plat, shall provide a schedule of development. The schedule shall set forth the intended plan of development and dedication of rights-of-way for streets and street improvements, whether on-site or off-site, intended to serve each proposed phase of the subdivision. The City shall determine whether the proposed streets and street improvements are adequate pursuant to standards herein established, and may require that a traffic impact analysis be submitted for the entire project or such phases as the City determines to be necessary to adjudge whether the subdivision will be adequately served by streets and thoroughfares.

10.

Private Streets. All private streets shall be designed and constructed in accordance with the City's standards for publicly dedicated streets. The term "private street" shall be inclusive of alleys, if such are to be provided within the subdivision. Private street names shall follow the current City Street Naming Policy as adopted or amended.

(a)

Subdivision Eligibility Criteria. Private streets shall be permitted only within a subdivision satisfying each of the following criteria:

i.

The subdivision shall have no more than twelve (12) residential lots;

ii.

The streets to be restricted to private use are not intended for regional or local through traffic circulation (see subsection 3.1c.10(b) below);

iii.

The subdivision is not located adjacent to an existing or approved public street subdivision that can be reasonably connected, even though the street connection would require construction of a bridge or culvert - the two subdivisions shall be connected as public street subdivisions;

iv.

A mandatory property (homeowners) association, which includes all property to be served by the private streets, will be formed (see subsection 3.1c.10.(e) below).

(b)

Streets Excluded. Streets that are shown on the City's Thoroughfare Plan as collectors (Types "D" and "E"), thoroughfares (Types "A," "B" and "C") or arterial (Type "AA") shall not be used, maintained or constructed as private streets, and a private street subdivision shall not cross or interfere with an existing or future collector or arterial street. Also, the Planning and Zoning Commission or City Council may deny the creation of any other private street if, in their sole judgment, the private street would:

i.

Negatively affect traffic circulation on public streets, or

ii.

Impair access to the subject or adjacent property; or

iii.

Impair access to or from public facilities, including schools or parks; or

iv.

Cause possible delays in the response time of emergency vehicles.

(c)

Access Onto Public Thoroughfare. A private street subdivision shall provide a minimum of seventy feet (70') of access frontage on a public collector or arterial street for subdivision entrances. No more than two (2) gated street entrances may intersect a thoroughfare that is designated on the City's Thoroughfare Plan as "Type "D" or larger within any one (1) mile segment. (See Subsections j. and k. below for gate requirements)

(d)

Parks and Greenbelts Excluded. A private street subdivision shall not cross or interfere with an existing or future public pedestrian pathway, hike and bike trail, greenbelt or park as shown on the City of Terrell's Park Master Plan.

(e)

Property (Homeowners') Association Required. Subdivisions developed with private streets shall have a mandatory property owners association which includes all property served by the private streets. The association shall own and be responsible for the maintenance of private streets, alleys, trails, sidewalks, private parks, common areas, medians, drainage facilities, amenities and appurtenances. The association documents must establish a reserve fund for the maintenance of streets and other improvements. The association documents shall be reviewed and approved by the City Attorney to ensure that they conform to this and other applicable City rules and regulations. The documents shall be filed of record prior to final plat approval. Lot deeds must convey membership in the association, and must provide for the payment of dues and assessments required by the association. The association may not be dissolved without the prior written consent of the City Council. No portion of the association documents pertaining to the maintenance of private streets and alleys, and assessments therefore, may be amended without the written consent of the City Council. The City shall not enforce any private deed restrictions or property association rules or regulations which is a purely civil matter.

(f)

Private Street Lot. Private streets must be constructed within a separate lot owned by the property owners association. All street lots, medians, common areas, etc. shall be labeled as "Lot [number], Block X" on the plat. The street and alley lots must conform to the City's standards for public street rights-of-way. An easement covering the street lot shall be granted to the City providing unrestricted access to and use of the property for any purpose deemed necessary by the City. This right shall also extend to all utility providers operating within the City. The easement shall also permit the City to remove any vehicle or obstacle within the street lot that may impair emergency access. Private streets, trails, alleys and sidewalks are considered to be access easements for all property owners within the subdivision to freely use for both vehicular and pedestrian traffic.

(g)

Construction and Maintenance Cost. The City shall not pay for any portion of the cost of constructing or maintaining a private street.

(h)

Infrastructure/Utilities. All water, sewer and drainage facilities, street lights, and traffic control devices (e.g., signs) placed within the private street lot shall be installed to City standards, and shall be dedicated to the City prior to filing the record plat for the subdivision. All private traffic control devices and regulatory signs shall conform to the "Texas Manual of Uniform Traffic Control Devices". All City regulations relating to infrastructure financing, developer cost participation, and capital cost recovery shall apply to developments with private streets.

The metering for utilities such as water, gas and electricity shall be located on the individual lots to be served, not grouped together in a single (or multiple) centralized location (i.e., no centralized "gang-box" style metering stations).

(i)

Plans and Inspections. Development applications for subdivisions with private streets must include the same plans and engineering information required for public streets and utilities. City requirements pertaining to inspection and approval of improvements shall apply, and fees charged for these services shall also apply. The City may periodically inspect private streets, and may require any repairs necessary to ensure efficient emergency access and/or to protect the public health, safety, convenience and welfare.

(j)

Restricted Access. The entrances to all private streets must be clearly marked with a sign, placed in a prominent and visible location, stating that the streets within the subdivision are private, and that they are not maintained by the City. Guard houses, access control gates, and cross arms, if used, shall be constructed per Subsection k., below. All restricted access entrances must be manned twenty-four (24) hours every day, or they must provide an alternative means of ensuring access to the subdivision (preferably with an Opticom-type system for emergency access) by the City and other utility or public service providers (e.g., postal carriers, utility companies, etc.) with appropriate identification. If the association fails to maintain reliable access as required herein, the City may enter the subdivision and remove any gate or device which is a barrier to access at the sole expense of the association. The association documents shall contain provisions in conformity with this Section that may not be amended without the written consent of the City Council.

(k)

Access Restricted Entrance Design Standards. Any private street which has an access control gate or cross arm must have a minimum uninterrupted pavement width of twenty-two feet (22') at the location of the gate or access control device (both ingress and egress) regardless of the type of device used. If an overhead (e.g., lift-up) barrier is used, it must be a minimum of fourteen feet (14') in height above the road surface, and this clearance height shall be extended for a minimum distance of fifty feet (50') in front of and behind the location of the device. All gates and cross arms must be of a break-away design. A minimum vehicle stacking distance of fifty feet (50') shall be provided from the right-of-way line of the public road from which the private street subdivision is accessed to the first vehicle stopping point, which is usually an access request keypad/telephone or guard's window. Adequate distance shall be provided between the access request point(s) and the entry barrier (e.g., gate) to accommodate a vehicle turn-around as described below.

A paved turn-around space must be located in front of any restricted access entrance barrier (i.e., between the access request device and the barrier/gate) to allow vehicles that are denied access to safely exit onto public streets without having to back up (particularly into the public street upon which the entrance is located). The design and geometry (i.e., pavement width, inside radius, etc.) of such turn-around shall be such that it will accommodate smooth, single-motion U-turn movements by the following types of vehicles:

i.

Larger passenger vehicles (e.g., vans, pick-up trucks, etc.);

ii.

Passenger vehicles with short trailers up to twenty-four feet (24') in length (e.g., small flatbed, camping or box-type trailers); and

iii.

The types of service and utility trucks that typically visit or make deliveries to neighborhoods that are similar to the proposed private street development (e.g., utility company vehicles, postal/UPS delivery trucks, two- to three-axle flatbed or box-type trucks used by contractors and moving companies, etc.).

Submission of additional drawings, plans and/or exhibits demonstrating that the proposed turn-around will work and that vehicle turn-around movements will not compromise public safety on the entry roadway or on the adjacent public street(s) may be required. The design of all proposed access restricted entrances (i.e., a site plan) must be submitted for review and approval by the City Engineer, Police Services and Fire Department along with the construction plans for the subdivision prior to construction and approval of the final plat.

(l)

Private Streets: Waiver of Services. Certain City services may not be provided for private street subdivisions. Among the services that may not be provided are routine law enforcement patrols, enforcement of traffic and parking regulations, and preparation of accident reports. Depending upon the characteristics of the development and upon access limitations posed by the design of entrances into the subdivision, other services (such as sanitation) may not be provided as well.

(m)

Private Streets: Petition to Convert to Public Streets. The property owners association may petition the City to accept private streets and any associated property as public and right-of-way upon written notice to all association members and upon the favorable vote of the majority of the membership. However, in no event shall the City be obligated to accept said streets as public. Should the City elect to accept the streets as public, then the City has the right to inspect the private streets and to access the lot owners for the expense of needed repairs concurrent with the City's acceptance of the streets. The City shall be the sole judge of whether repairs are needed. The City may also require, at the association's or the lot owner's expense, the removal of any guard houses, access control devices, landscaping or other aesthetic amenities located within the street lot or within any common area.

(n)

Private Streets: Hold Harmless. The property owners association, as owner of the private streets and appurtenances, shall release, indemnify defend and hold harmless the City, and any other governmental entity, and any public utility entity for damages to the private streets that may be occasioned by the reasonable use of the private streets by same, and for damages and injury (including death) arising from the condition of the private streets, out of any use of access gates or cross arms, or out of any use of the subdivision by the City or governmental or utility entity.

d.

Escrow Policies and Procedures.

1.

Request for Escrow. Whenever this Ordinance requires a property owner to construct a street or thoroughfare, or other type of public improvement, the property owner may, if there exists unusual circumstances, such as a timing issue due to pending roadway improvements by another agency such as TxDOT or Kaufman County, that would present undue hardships or that would impede public infrastructure coordination or timing, petition the City to construct the street or thoroughfare, usually at a later date, in exchange for deposit of escrow as established in this Section. If more than one street or thoroughfare must be constructed in order to meet adequacy requirements for roadways, as demonstrated by a traffic impact analysis, the City Manager (or designee) may prioritize roadways for which escrow is to be accepted and require the deposit of all funds attributable to the development in escrow accounts for one or more of such affected roadways. The City Council shall review the particular circumstances involved (a traffic impact analysis may be required to facilitate the City Council's deliberations on the matter), and shall determine, at its sole discretion, whether or not provision of escrow deposits will be acceptable in lieu of the property owner's obligation to construct the street or thoroughfare with his or her development.

2.

Escrow Deposit With the City. Whenever the City Council agrees to accept escrow deposits in lieu of construction by the owner of the property under this Ordinance, the property owner or developer shall deposit in escrow with the City an amount equal to the share of the costs of design, construction, permits, reviews and approvals, inspections, any additional land acquisition, and an appropriate (and realistic) inflation factor to ensure that the actual "future dollar" costs will be covered when actual construction occurs in the future. Such amount shall be reviewed by the City Engineer and approved by the City Manager and shall be paid prior to release of engineering plans by the City Engineer. The obligations and responsibilities of the property owner shall become those of the property owner's transferees, successors and assigns; and the liability therefore shall be joint and several.

3.

Determination of Escrow Amount. The amount of the escrow shall be determined by using the maximum comparable "turnkey" bid price of construction of the improvements (including design, permits, reviews and approvals, inspections and any additional land acquisition that may be needed). Such determination of the escrow amount shall be made as of the time the escrow is due hereunder, and shall be subject to the review and approval of the City Manager (or designee) and the City Engineer.

4.

Termination of Escrow. Escrows, or portions of escrowed amounts, which have been placed with the City under this Section and which have been held for a period of ten (10) years from the date of such payment or agreement, in the event that the City has not authorized the preparation of plans and specifications for construction of such roadway facilities for which the escrow was made, shall, upon written request, be returned to the property owner, along with one-half of its accrued interest. Such return does not remove any obligations of the property owner for construction of the required facilities if a building permit has not been issued on the subject lot or if a new building permit is applied for.

5.

Refund. If any street or highway for which escrow is deposited is constructed by a party other than the City, or is reconstructed by another governmental authority at no cost to the City, the escrowed funds and accrued interest shall be refunded to the property owner or applicant who originally paid the escrow amount after completion and acceptance of the public improvements. In the event that a portion of the cost is borne by the City and the other portion of the cost by another party or governmental authority, the difference between the property owner's actual proportionate cost and the escrowed funds, including accrued interest, if any, shall be refunded after completion and acceptance of the improvements.

6.

Interest Limitation. If money is refunded within six (6) months of deposit, only the principal will be refunded. Monies returned after this date will be refunded with one-half of its accrued interest.

e.

Traffic Impact Analysis. Any proposed development project or plat involving a significant change as determined by the City Engineer to a proposed roadway alignment from that shown on the City of Terrell's Thoroughfare Plan or involving a development of one hundred (100) or more dwelling units, or for developments generating one thousand (1,000) or more "one-way" trips per day shall be preceded by submission, and approval of a traffic impact analysis performed by a qualified traffic engineer and as specified in Subsection f. below. Such a proposed roadway alignment change shall also be preceded by an amendment to the City's Thoroughfare Plan showing the new proposed alignment. Failure to provide for such approvals prior to submission of a construction plat shall be grounds for denial of the plat application.

f.

Required Components of Traffic Impact Analysis. Whenever this Ordinance (or the City, in certain instances which do not meet the above criteria but which may significantly affect the public health, safety or welfare, such as a proposed subdivision that will only be accessed via substandard roadways which may pose an impediment to emergency response vehicles) requires submission and City Engineer approval of a traffic impact analysis, the following elements shall be included:

1.

General Site Description. The traffic impact analysis shall include a detailed description of the roadway network within one (1) mile of the site, a description of the proposed land uses, the anticipated states of construction, and the anticipated completion date of the proposed land development. This description, which may be in the form of a map, shall include the following items:

(a)

All major intersections;

(b)

All proposed and existing ingress and egress locations;

(c)

All existing roadway widths and rights-of-way;

(d)

All existing traffic signals and traffic-control devices; and

(e)

Any other pertinent information required by the City Engineer.

2.

Proposed Capital Improvements. The traffic impact analysis shall identify any changes to the roadway network within one (1) mile of the site that are proposed by any government agency or other developer. This description shall include the above items as well as any proposed construction project that would alter the width or alignment of roadways affected by the proposed development.

3.

Roadway Impact Analysis.

(a)

Transportation Impacts:

(1)

Trip Generation. The average weekday trip generation rates (trip ends), the average weekend trip generation rates (for uses other than residential or institutional), the highest average a.m. and p.m. hourly weekday trip generation rates, and the highest hourly weekend generation rates (for uses other than residential or institutional) for the proposed use shall be determined based upon the trip generation rates contained in the most recent edition of the Institute of Transportation Engineers' Trip Generation book; or shall be based upon data generated by actual field surveys of area uses comparable to the proposed use and approved by the City.

(2)

Trip Distribution. The distribution of trips to arterial and collector roadways within the study area identified in Subsection 3.1.f.1. (General Site Description) above shall be in conformity with accepted traffic engineering principles, taking into consideration the land use categories of the proposed development; the area from which the proposed development will attract traffic; competing developments (if applicable); the size of the proposed development; development phasing; surrounding existing and anticipated land uses, population and employment; existing and projected daily traffic volumes; and existing traffic conditions identified pursuant to Subsection 3.1.f.1 above.

(b)

Adequacy Determination. The roadway network included within the traffic impact analysis shall be considered adequate to serve the proposed development if existing roadways identified as arterials and collectors can accommodate the existing service volume, and the service volume of the proposed development, and the service volume of approved but un-built developments holding valid, unexpired building permits at a level of service "C" or above.

4.

Intersection Analysis.

(a)

Level of Service Analysis. For intersections within the roadway traffic impact analysis area described in Subsection 3.1.f.1 herein (General Site Description), a level of service analysis shall be performed for all arterial to arterial, arterial to collector, collector to arterial, and collector to collector intersections, and for any other pertinent intersections identified by the City. Also, level of service analyses will be required on all proposed site driveway locations for all nonresidential developments. The City may waive analysis of minor intersections and site driveway locations within the one-mile radius. The level of service analysis shall be based upon the highest hourly average a.m. or p.m. peak weekday volume or highest average hourly peak weekend volume as determined from a two-day survey of weekday volumes and, where necessary, a one-day survey of weekend volumes. The level of service analysis shall take into consideration the lane geometry, traffic volume, percentage of right-hand turns, percentage of left-hand turns, percentage (and typical size) of trucks, intersection width, number of lanes, signal timing and progression, roadway grades, pedestrian and bicycle flows, school routes, number of accidents, and peak hour factor.

(b)

Adequacy Analysis. The intersections included within the traffic impact analysis shall be considered adequate to serve the proposed development if existing intersections can accommodate the existing service volume, the service volume of the proposed development, and the service volume of approved but unbuilt developments holding valid, unexpired building permits at level of service "C" or above.

5.

Effect of Adequacy Determination. If the adequacy determination for roadways and intersections indicates that the proposed development would cause a reduction in the level of service for any roadway or intersection within the study area identified in Subsection 3.1.f.1 herein that would cause the roadway to fall below the level of service required hereby, the proposed development shall be denied unless the developer agrees to one of the following conditions:

(a)

The deferral of building permits until the improvements necessary to upgrade the substandard facilities are constructed;

(b)

A reduction in the density or intensity of development;

(c)

The dedication or construction of facilities needed to achieve the level of service required herein; or

(d)

Any combination of techniques identified herein that would ensure that development will not occur unless the levels of service for all roadways and intersections within the traffic impact analysis study are adequate to accommodate the impacts of such development.

g.

Arrangement of Streets Not Shown on the Thoroughfare Plan. For streets that are not shown on the City's Thoroughfare Plan, such as local residential streets, the arrangement of such streets within a subdivision shall:

1.

Provide for the continuation or appropriate projection of existing streets from or into surrounding areas;

2.

Conform to a plan for the neighborhood approved or adopted by the City to meet a particular situation where topographical or other conditions make continuance or conformity to existing streets impractical;

3.

Provide for future access, such as by stubbing streets for future extension, to adjacent vacant areas which will likely develop under a similar zoning classification or for a similar type of land use; and

4.

Not conflict in any way with existing or proposed driveway openings (including those on the other side of an existing or planned median-divided arterial, in which case new streets shall align with such driveway openings such that median openings can be shared).

h.

Residential collector streets and minor residential streets shall be laid out such that their use by through traffic will be discouraged, such as via circuitous routes or multiple turns or offsets, but such that access is provided to adjacent subdivisions.

1.

Wherever the right-of-way width of a collector or residential street must transition to a greater or lesser width, such transition shall occur along the front, side or rear lot lines of adjacent lots (for a reasonable distance) and shall not occur within the street intersection itself. In other words, the right-of-way width shall be the same on both sides of the street intersection.

2.

To the greatest extent possible, the number of lots fronting along residential collector streets shall be minimized in order to ensure adequate traffic safety and efficiency. No more than twenty percent (20%) of the total centerline length of a collector street may have residential lots fronting onto the collector on each side of the street. For example, a collector street having a total centerline length (from one terminus to another) of 1,000 feet may have lots fronting onto it with a total frontage distance of 200 feet on each side of the street. Calculations shall be submitted with the construction plat application (and provided to the Municipal Development Department) verifying that lots fronting onto a collector street do not exceed the above.

3.

At least thirty percent (30%) of the total centerline length of all streets (including collector streets) within a residential subdivision containing 30 lots or more (or within each phase of a residential subdivision, unless otherwise approved by City to apply to the subdivision in its entirety rather than each individual phase) shall be curvilinear in design except the minimum centerline radius for residential streets shall be one hundred and fifty feet (150'). Calculations shall be submitted with the construction plat application (and provided to the Municipal Development Department) verifying that the above curvilinear street requirement is being met.

i.

Where a subdivision abuts or contains an existing or proposed arterial street, the City may require marginal access streets, reverse frontage (lots which back onto the arterial), or such treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

j.

Reserve strips controlling access to streets is a violation of State Law and shall be prohibited except where their control is required by the City in order to protect the health, safety and welfare of the public.

k.

Intersecting, undivided streets with centerline offsets of less than one hundred and fifty feet (150') shall be avoided. Intersecting streets onto an existing or future divided roadway must be configured such that the centerline offset will accommodate the appropriate median opening and left-turn lanes (with required transition and stacking distances) on each divided roadway, and shall be aligned with any existing or proposed streets or driveways on the opposite side of the divided roadway (in order to share the median opening).

l.

A street intersection with a major thoroughfare shall be at a ninety-degree (90°) angle and shall be tangent for at least one hundred feet (100'). All other street intersections shall be laid out so as to intersect as nearly as possible at a ninety-degree (90°) angle or radial to the centerline of the intersecting street for the full right-of-way width of the intersecting street, and tangent to the intersecting street for at least fifty feet (50'). No street shall intersect at an angle that is less than eighty-five degrees (85°).

m.

Street right-of-way widths shall be as shown on the Thoroughfare Plan and as defined by the corresponding roadway cross-sections on the Thoroughfare Plan and in the City's TCSS Manual.

n.

Construction of half streets shall be prohibited, except when essential to the reasonable development of the subdivision in conforming with the other requirements of this Ordinance and the Thoroughfare Plan, and where the City makes a determination that there is no immediate need to be gained by constructing the full street section since no access from the street will be needed by the subdivision in question. The City may determine that it would be more practical, or cost effective, to delay construction of the other half of a street until when the adjoining property is developed.

If the property owner is responsible for one-half (½) of the street, then the property owner shall either construct the facility along with his or her development or shall provide escrow for the construction cost of his or her share of the facility (including all applicable street appurtenances such as median openings, left turn lanes into the development, sidewalks with barrier-free ramps, drainage structures, etc.) unless the City participates in the construction of the facility. Whenever a partial street has been previously platted along a common property line, the other portion of the street right-of-way shall be dedicated such that the right-of-way is increased to the street's ultimate planned width. Improvements shall be made to all on-site facilities as defined herein (see Definitions, Section 1.13).

o.

The maximum length of any block or street segment (including a looped street) shall be one thousand six hundred feet (1,600') and the minimum length of any block or street segment shall be four hundred feet (400'), as measured along the street centerline and between the point(s) of intersection with other through, but not dead-end or cul-de-sac, streets.

p.

A cul-de-sac street shall not be longer than six hundred feet (600'), and at the closed end shall have a turnaround bulb with an outside pavement diameter of at least eighty feet (80') and a right-of-way diameter of at least one hundred feet (100'). The length of a cul-de-sac shall be measured from the centerline of the intersecting street to the center-point of the cul-de-sac bulb.

q.

The City Council may approve, waivers/suspensions for over-length streets or cul-de-sacs, whether temporary or permanent, upon considering the following:

1.

Alternative designs;

2.

The effect of over length streets upon access, congestion, delivery of municipal services, and upon convenience to residents of the subdivision in traveling to and from their homes; and

3.

Means of mitigation, including but not limited to additional mid-block street connections, limitation on the number of lots to be served along an over length street segment or cul-de-sac, temporary (or permanent) points of emergency access, and additional fire protection measures.

r.

Except in unusual cases, no dead-end streets will be approved unless such dead-end streets are provided to connect with future streets on adjacent land. In the case of dead-end streets which will eventually be extended into the adjacent subdivision, no more than one lot (per side) can front onto the dead-end street stub unless a temporary turnaround bulb (with the appropriate temporary street easement) is provided at the end. A temporary dead-end street shall not exceed the maximum allowed length of a normal cul-de-sac, and the temporary turnaround bulb must be constructed like a cul-de-sac, as provided in Subsection (p) above (the City Engineer may authorize the use of asphalt or other durable paving material than concrete for the are, or "wing", portions of the temporary turnaround bulb in order to minimize the cost of removing those portions later on). A note shall be placed on the final plat clearly labeling any temporary dead-end streets (if any) that will at some point be extended into the adjacent property, and signage shall be placed at the end of the constructed street stub, such as on the barricade, also stating that the street will be extended in the future. Signage and lettering must be large enough to be legible by a person with normal vision at a twenty-foot distance. Any required temporary turnaround easements shall be shown on the final plat along with their appropriate recording information, if they are off-site or established by separate instrument.

s.

New streets which extend existing streets shall bear the names of the existing streets, and shall be dedicated at equal or greater right-of-way widths than the existing streets for an appropriate transition length, if applicable.

t.

Construction of Streets. All streets shall be constructed in accordance with paving widths and specifications as set forth in the TCSS of the City of Terrell at the time at which the construction plat application is officially submitted and deemed a complete application.

u.

Points of Access. All subdivisions shall have at least two (2) points of access from improved public roadways (also see Section 3.1.c.4). All residential developments shall provide no less than one (1) entrance for every seventy-five (75) lots, or portion thereof, including temporary dead-end stubbed streets that will eventually provide connections into adjacent future developments and thence to an arterial or collector street. Driveway access onto roadways shall be provided and designed in accordance with the City's TCSS and construction standards that are in effect at the time the construction plat application is officially submitted and deemed a complete application. Residential driveway cuts shall not be allowed on roadways that are larger than a residential collector street (60-foot right-of-way) unless specifically approved by City with the construction plat application.