AN ORDINANCE AMENDING CHAPTER 9, “SUBDIVISIONS”
OF THE BASTROP CITY CODE, APPENDIX “A,” SECTION 1, ENTITLED
“GENERAL”, PROVIDING RULES AND REGULATIONS ESTABLISHING
STANDARDS FOR TRAFFIC IMPACT ANALYSIS AND IMPROVEMENTS TO THE TRANSPORTATION
NETWORK, TO BE ENTITLED “TRAFFIC IMPACT ANALYSIS” (TIA);
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the rules and regulations of the City established
by ordinance, governing plats and subdivision of the land, in the
corporate limits of the City of Bastrop apply to all of the area under
the extraterritorial jurisdiction of said City, as provided for in
the laws enacted by the State of Texas and, including Local Government
Code Chapter 212, et seq., and
WHEREAS, the City Council has determined that, in order to
ensure safe and orderly development within the City’s jurisdiction,
an amendment to Chapter 9 of the City’s Subdivision Code, Appendix
“A,” Section 1, entitled “General,” should
include standards, regulations and procedures applicable to the analysis
and mitigation of the traffic impacts of development within the City’s
jurisdiction.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BASTROP, TEXAS:
PART 1: That Chapter 9 of the Code of Ordinances of the City
of Bastrop, Subdivision Ordinance, Exhibit “A,” Section
1 - General - shall be, and it is hereby, amended so that it shall
hereafter read as follows:
SECTION 1
GENERAL
1.10. . . .
1.20. . . . .
Bastrop Code of Ordinances Chapter 9: Subdivisions, Exhibit
"A
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1.30 TRAFFIC IMPACT AND MITIGATION
1.30.1 Purpose And General Policy
A. The purpose
of this section is to require that development within the
Bastrop jurisdictional area is supported by an adequate roadway
network to accommodate the continuing growth and development
of the City and its jurisdictional area. Acquisition of new
rights-of-way for off-site, abutting and internal streets
to support new development is necessary and desirable. The
City requires that:
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(1) development
impacts are mitigated through contributions of street rights-of
way and/or improvements to existing and new roadways; and
(2) new developments contribute their fair share of the
costs of needed transportation improvements; and
(3) adequate infrastructure for new development is adequately
evaluated and addressed.
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B. There must be
a rough proportionality between the traffic impacts created
by a new development and requirements placed on the property
owner or applicant for new development to dedicate and improve
offsite, abutting and internal street rights-of-way to City
standards. The City will evaluate the project and determine
what dedications, if any, is required to address both the
nature and extent of the impact that results form the proposed
development. The City desires to assure both that development
impacts are mitigated through contributions of street rights-of-way
and transportation system improvements and those new developments
contribute their fair share of the costs of transportation
improvements. It is the City's intent to institute a procedure
to assure that mandatory dedications of street rights-of-way
and street construction requirements are proportional to the
traffic demands created by a new development.
C. If the traffic impact will affect a state controlled highway
then the developer must coordinate the necessary improvements
with the Texas Department of Transportation (TxDOT). When
a Final Plat is submitted the developer must have obtained
an agreement on the necessary road improvements and submitted
an agreement between the City of Bastrop and the Developer
to meet the requirements established by TxDOT. This will require
the developer to coordinate with TxDOT and request TxDOT to
submit the necessary contract documents between TxDOT and
the City of Bastrop to use as a basis for the transportation
agreement between the City of Bastrop and the Developer. A
Final Plat cannot be recorded until the Bastrop Code of Ordinances
Chapter 9: Subdivisions, Exhibit "A
agreement has been finalized and the necessary funds (or,
alternatively, approved fiscal assurance instruments) are
deposited with the City of Bastrop.
D. The City Manager or his designee shall be the primary point
of contact with the landowner or developer or his agents,
and has considerable authority and responsibility for administering
the provisions of this section of the Code. However, all final
decisions concerning participation in costs and completion
of improvements affecting City streets and any County Roads
that will be annexed into the City as part of the development
must be specified in a traffic impact analysis, capital improvements
plan, or mitigation plan as required in this section and shall
presented to the Planning & Zoning Commission for its
evaluation and recommendation to the City council, and, ultimately,
shall be submitted to the City Council for its review, evaluation
and action (e.g., approval or denial).
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1.30.2 Applicability
A. The regulations
in this section apply to existing and future transportation
networks associated with land development activities, within
the City limits and within the City’s extraterritorial
jurisdiction. Any application for site development in accordance
with this Code must comply with these standards.
B. The threshold requirement for a TIA shall be a development
or combination of developments that would result in trip generation
of more than an average of two thousand (2,000) trips per
day based upon the latest edition of the Institute of Transportation
Engineers (ITE) Trip Generation Manual.
C. Proposed developments which have access only to a residential
or collector street shall require a TIA if the expected number
of trips generated by the project exceeds three hundred (300)
vehicle trips per day over the uses in existence at the time
the TIA is submitted for approval by the City.
D. Phased Developments: When required, an initial TIA shall
be submitted with the first preliminary plat. If the City
Engineer determines that a follow-up TIA is needed, the updated
TIA shall be submitted with each future preliminary plat of
a development submitted for approval and shall be generally
consistent with the initial TIA. The initial TIA shall be
updated whenever the final plat is modified to authorize more
intensive development , or when a period of twelve (12) months
has passed since the prior TIA was submitted but the development
has not been initiated. The initial TIA and updated TIAs shall
consider the cumulative impacts of all future phases of the
Bastrop Code of Ordinances Chapter 9: Subdivisions, Exhibit
"A
development and not segment the impacts into smaller amounts
that would avoid identification of and participation in any
needed capital improvements.
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1.30.3 Traffic
Impact Analysis (TIA Study Scope)
When a TIA is required, City Manager or his designee shall determine
the type and scope of the study during a scoping meeting. This scoping
meeting shall be scheduled by the developer before Preliminary Plat
submittal. The City Manager or his designee may involve representatives
of or request assessments from other agencies and departments and
consultants. The elements to be determined during the scoping session
shall include the following:
A. Type of Study:
The possible types of reports include: a letter report, full
TIA report or special report (e.g., sight distance survey).
The TIA shall be certified by a registered professional engineer
with a specialty in the field of transportation engineering.
B. Definition of Impact Area: The points of access and key
streets and intersections that may be affected by development
of the subject tract constitute the impact area. Traffic recorder
and turning movement assessment locations shall also be determined.
C. Period of Analysis: Periods of analysis may include: daily
traffic, AM, PM or weekend peak hour.
D. Analysis Scenarios: Scenarios for analysis shall include:
existing conditions, opening year conditions with and without
development, and ten (10) years after opening with and without
development, unless the City Manager or his designee specifies
a different scenario based on unusual circumstances. In the
event that specific land uses for the development are not
specified at the time of subdivision or plat application,
the daily trip generation rate for the most intensive land
use from the ITE Manual for the land use classification of
the application shall be used to compute the estimated average
daily trips.
E. Growth Rate Assumption: The rate of growth assumed in background
traffic assumptions.
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1.30.4
Submittal Requirements
A. Following approval
of the TIA scope, copies of the document shall be sent to
the City Manager or his designee. The City Manager shall determine
the number of copies of the TIA that the applicant will be
required to submit.
B. If Bastrop County and/or the Texas Department of Transportation
(TxDOT) roads are affected and they have reached agreement
with the Developer then the developer shall submit a copy
of the letter from Bastrop County and/or the TxDOT that outlines
any agreements between the developer and Bastrop County and/or
TxDOT for planned improvements to County and/or State roads
abutting subdivisions or sites and the trigger for such improvements.
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1.30.5 Traffic
Study Elements
A letter report or special report shall only include those elements
agreed upon in the scoping meeting.
The TIA shall follow standard transportation engineering practices
processes for determining trip generation and distribution including
trip generation category, diversion assumptions, distribution assumptions,
and the adequacy of the road network to serve the proposed development,
and whether off-site road dedication and improvements should be made
to mitigate the effects of the development proposed in the application.
The data and methods used in the TIA shall be based upon the latest
editions of ITE manuals.
A full TIA shall include, at a minimum, the following elements.
A. Existing Condition
Survey.
B. Street System Description: The street system shall be described
including geometric features, lane usage, traffic control,
signage, sight distances and adjacent uses and curb cuts.
C. Traffic Volumes: Existing traffic volumes shall be provided
for the impact area including both AADT (Average Annual Daily
Traffic) and "Design" peak hour volumes. AADT may
be derived from current counts of the City or TxDOT (if available)
and peak hour volumes shall be based on field counts. Data
shall be adjusted for daily and seasonal variations. Turning
movement counts for the peak hour shall be provided for critical
intersections. Peak hour periods shall be as determined at
the scoping meeting.
D. Capacity Analysis: Existing capacity of signalized and
unsignalized intersections.
E. Other items may be required at the discretion of the City
Manager or his designee depending upon the type and scale
of the project. These may include, but are not limited to:
queue length analysis, pedestrian counts, accident data, traffic
speeds (both 50th and 85th percentile), and stopping sight
distances.
F. Future Without Development: Capacity analysis is to be
provided for opening year and plus 10-year conditions for
key intersections (and roadway segments where appropriate)
without the development but including any planned developments.
The analysis shall be based upon methodologies approved in
advance by the City Manager or his designee.
G. Future With Development
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(1) The TIA shall include a detailed description of the
area street network, a description of proposed land uses,
the anticipated stages of construction, the anticipated
completion date of the various phases of land development,
and the trigger points requiring implementation of all described
improvements.
(2) Projections of the daily and peak hour traffic generation
of the project shall be made using the latest edition of
the ITE Trip Generation Manual unless the City Manager or
his designee determines that locally derived data will provide
more accurate forecasts. Data from similar facilities may
be used where the information is not available from ITE.
(3) The projected trips shall be distributed onto the road
network as agreed in the scoping meeting.
(4) Capacity analysis for opening year and plus 10-year
conditions for key intersections (and roadway segments where
appropriate).
(5) Special analysis as may be required to determine warrants
for signalization, minimum safe sight distances, turning
radius requirements, turning lane or acceleration/deceleration
lane length analysis, curb cut locations or similar requirements.
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H. Mitigation Plan:
The TIA shall identify the need and timing for transportation
improvements, if any, needed to maintain the same or higher
level of service than exists prior to development during each
phase of development. Where the analysis indicates that the
project will create transportation system deficiencies in
the impact area, improvements shall be recommended which shall
include projected cost estimates. Costs estimates shall include
right-of-way acquisition, utility relocation, and transportation
facility design and construction. All cost estimates shall
be approved by the City Engineer or the City Manager or his
designee prior to acceptance of the TIA. The design of improvements
shall be in accordance with specifications of this Code and
other standards as may be adopted by the City and, where appropriate,
TxDOT or the county. The mitigation plan shall also include
provisions in the future for any dedications necessary to
comply with the Minimum Road Standards described below. Where
the final approval authority for any procedure determines
that a mitigation plan is not adequate to address the traffic
impacts of the project, it may serve as a basis for denial
of the permit or subdivision plat.
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1.30.6 Minimum
Road Standards
A. All applications
for plat approval, site plan approval, zoning change or PUD
zoning shall provide for adequate roads to support proposed
development through compliance with the following minimum
standards governing dedication and improvement of internal
and adjacent thoroughfares. For purposes of this section “adjacent
thoroughfares” shall include thoroughfares abutting
the proposed subdivision or site development, whether located
within the boundaries of the subdivision or within public
rights-of-way.
B. Dedication and Improvement of Internal and Adjacent Thoroughfares:
For thoroughfares that currently are or will in the future
be located alongside a property boundary, the property owner
shall dedicate and improve, as a minimum, one-half of the
right-of-way necessary to meet the specification of future
thoroughfares contained in the Comprehensive Plan or the City
or County Thoroughfare Plan as adopted or amended by the City
Council from time to time. The City may require additional
land and improvements for rights-of-way for adjacent thoroughfares
where necessary to achieve adequacy of the road network and
where such additional land and improvements are proportional
to the traffic impacts generated by the proposed development,
depending on factors such as the impact of the development
on the thoroughfare, the timing of development in relation
to need for the thoroughfare, and the likelihood that adjoining
property will develop in a timely manner. In the case of adjacent
frontage or service roads for state and federally designated
highways, the property owner shall dedicate sufficient right-of-way
and make authorized improvements in order to provide an adequate
road network to serve the development.
C. Substandard Street Improvements: Where an existing thoroughfare
that does not meet the City’s right-of-way or design
standards abuts a proposed new development, the City may require
the property owner to dedicate the right-of-way for a standard
thoroughfare width, and to improve the street according to
the dimensions and specifications in this Code, depending
on factors such as the impact of the development on the thoroughfare,
the timing of development in relation to need for the thoroughfare,
and the likelihood that adjoining property will develop in
a timely manner.
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1.30.7 Participation
In Costs And Completion Of Improvement
A. The City may
participate in the costs of improvements required by this
section in order to achieve proportionality between the traffic
impacts created by the proposed development and the obligation
to provide adequate roadways. In cases where the City determines
participation is appropriate, the property owner shall be
responsible for the entire initial costs of road improvements,
including design costs. Reimbursement of the City’s
agreed share of the costs shall be made as funds become available.
The construction of improvements and the provisions for participation
in costs by the City shall be included in a subdivision improvement
agreement.
B. During the course of providing for improvements, the City
shall cooperate with the developer in the use of its governmental
powers to assist in the timely and cost effective implementation
of improvements. Assistance shall not mean financial aid in
actual easement acquisition, construction or engineering costs.
Specifically, the City agrees to:
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(1) Assist in
the acquisition of necessary right-of-way and easements;
(2) Assist in the relocation of utilities;
(3) Assist in obtaining approvals from Bastrop County;
(4) Assist in obtaining approvals from TxDOT;
(5) Assist in securing financial participation for major
thoroughfare improvements from Bastrop County, TxDOT or
other area wide transportation planning and management entities
as may be established in the future.
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1.30.8 City
Evaluation And Actions
A. The City shall
evaluate the adequacy of the TIA prepared by the applicant.
Based upon such evaluation, the City shall determine:
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(1) whether the
application may be approved in the absence of dedication
of rights-of-way or construction of improvements to each
affected thoroughfare, and
(2) the extent of the applicant’s obligations to make
such dedications or improvements.
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B. The application
for which a TIA is being conducted shall not be approved until
the City has received all required payments or is otherwise
satisfied with the financial arrangements related to required
transportation improvements.
C. The City shall condition the approval of the development
application on one or more of the following acts by the applicant:
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(1). Delay or
phasing of development until thoroughfares with adequate
capacity or intersection improvements are constructed;
(2). Reduction in the density or intensity of the proposed
development sufficient to assure that the road network has
adequate capacity to accommodate the additional traffic
to be generated by the development;
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(3). Dedication
or construction of thoroughfares or traffic control improvements
needed to mitigate the traffic impacts generated by the
proposed development.
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1.30.9 Appeal
Of Road Adequacy Conditions
A. An applicant
may appeal a disapproved or denied final action resulting,
in full or in part, from a determination that the Mitigation
Plan was insufficient. The appeal shall first be presented
to the Planning & Zoning Commission, for its consideration
and decision. The decision of the Planning & Zoning Commission
may be appealed to the City Council for a final ruling, which
ruling shall be binding upon the City and the applicant, as
it pertains to the Mitigation Plan and the development for
which the Mitigation Plan was prepared. Applicants may appeal
the decision of the City Council to a court of component jurisdiction,
as per the applicable provision in the Local Government Code,
Chapter 212, et seq.
B. Basis for Appeal
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(1) The appeal
must allege and demonstrate that recommended conditions
requiring dedication or construction of thoroughfares or
traffic control improvements are not roughly proportional
to the nature and extent of the traffic impacts on the road
network created by the development being proposed.
(2) The appeal may also allege and demonstrate that the
imposition of the conditions deprives the owner of the economically
viable use of the land, or of a vested property right.
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C. The appeal hearing
body shall consider the appeal and determine whether the street
or traffic control dedication and construction requirements
are roughly proportional to the nature and extent of the impacts
on the road network created by the development proposed. If
the petition also alleges that the proposed dedication or
construction requirements constitute a deprivation of economically
viable use or of a vested property right, the hearing body
also shall consider such issues. Following such determinations,
the appeal hearing body may take any of the following actions
regarding the road adequacy portion of the appeal:
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(1) Deny the
appeal, upon determining that the required dedications of
rights-of-way for or improvements to thoroughfares or traffic
control improvements are roughly proportional to the nature
and extent of the impacts created by the development, and
order that such dedication or improvements be made as a
condition of approval of the subdivision or site development
application.
(2) Deny the appeal, finding that the developer’s
proposed dedication or improvements are inadequate to achieve
road adequacy, and either deny the subdivision or site development
application or require that additional dedications of rights-of-way
dedication for or improvements to thoroughfares, or traffic
control improvements, be made as a condition of approval
of the application.
(3) Grant the appeal and waive in whole or in part any dedication
or construction requirement that is not roughly proportional;
or
(4) Grant the appeal, and direct that the City participate
in the costs of acquiring rights-of-way or constructing
improvements sufficient to achieve rough proportionality.
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1.30.10 Deferral
Of Obligation
Upon request of the applicant or property owner to the hearing body,
the obligation to dedicate or improve thoroughfare rights-of-way or
to make intersection improvements imposed on an application may be
deferred to a later stage of the development process. As a condition
of deferring the obligation to dedicate rights-of-way for or to improve
thoroughfares, which deferral shall be in the sole discretion of the
City, the City shall require the developer to execute a subdivision
or site development improvement agreement specifying the amount and
timing of the rights-of-way dedication or improvements to thoroughfares,
including the posting or depositing of a letter of credit or other
fiscal surety, in a form and under terms acceptable to the City, in
advance of approval of the development application.
1.30.11 Funding Options
A. In lieu of the
obligation to dedicate or improve thoroughfares or make traffic
control improvements or post fiscal surety for subsequent
construction to achieve road adequacy, the applicant may propose
to make equivalent cash contributions based upon the development
project’s proportionate share of the costs of improvements,
which the City in its sole discretion may accept in satisfaction
of road adequacy standards in this section. Any funds accepted
by the City shall be earmarked for construction of the improvements
for which the contribution was made.
B. Whenever the proposed development’s share of the
costs of a thoroughfare or traffic control improvement needed
to mitigate traffic generated by the development is less than
one hundred percent (100%), the City in its sole discretion
may do the following:
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(1). Participate
in the excess costs; or
(2). Aggregate the costs of improving multiple thoroughfares
or intersections identified in the TIA, and require improvements
to only some of the thoroughfares or intersections affected
by the development.
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C. Advance Funding:
If the landowners determine to either fund in advance or fund
more than their pro-rata share, the City shall credit the
developer’s future fiscal posting. For those contributions
and improvements beyond the developer’s pro-rata participation,
the City may either credit the developer’s future fiscal
posting or reimburse the developer out of City funds or funds
allocated from other area landowners’ contributions
for those specific improvements.
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PART 2:
That if any part of this Ordinance is held to be unenforceable,
then the validity of the remaining parts shall not be affected by
such holding.
PART 3: That any provisions of the Bastrop City Code and any
ordinances in conflict with this ordinance are, to the extent of any
such conflict, hereby repealed.
PART 4: That, a public hearing having been held, this Ordinance
shall take full force and effect upon passage by the City Council
and upon publication in accordance with State and local laws.
READ and Acknowledged on First Reading on the 12th day of June, 2007.
READ and Adopted on Second Reading on the 26th day of June, 2007.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
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