§ 19.5. Easements and Utilities

A.

General

The subdivider shall dedicate or grant easements for poles, wires, conduits, storm sewers, water lines, open drains, gas lines, or other utilities as follows:

1.

All utilities, including, but not limited to, electrical wiring, natural gas, telephone, cable, internet and security systems, shall be located in the front yard, shall be installed underground and shall be maintained in accordance with all applicable City codes and regulations for such systems. Any utilities required to be placed above ground must be placed on steel poles or another material with comparable strength and durability, as approved by the City Engineer and affected utility provider, meeting the requirements of the City and the applicable utility provider. Routine maintenance of grass and weeds in all easements shall be the responsibility of the owner on whose property the easement is located, excepted where expressly stipulated to be maintained by some other party.

2.

A minimum of a ten (10') foot utility easement shall be required across the front portion of lots (both street sides on corner lots) other than along boundary lines. Easements at other locations on a lot shall be determined by any utility provider franchised to provide service in Cibolo;

3.

A drainage easement or right-of-way of sufficient width shall be provided where a creek, stream, or tributary flows through a subdivision to accommodate future access for construction and maintenance. Required width shall be determined by the City Engineer; and

4.

Grant access easement at all bridges and street crossing large enough for City equipment and workers access for maintenance.

5.

Easements and utilities shall be designated, designed and constructed as necessary to comply with all requirements of the Cibolo Design and Construction Manual.

6.

Easements shall be considered a part of the lot area, for purposes of minimum lot size requirements and for purposes of property maintenance. Weeds and grass in all easements shall be maintained by the property owner, HOA, or Property Owner Association on which the easement is located in accordance the City Code of Ordinances provisions for high weeds and grass.

7.

Unless expressly stated on a recorded plat, the day to day maintenance of all easements, with respect to mowing and related aesthetic considerations, shall be the responsibility of the owner on whose land the easement is located or an HOA designated by the Deeds, Restrictions and Covenant of the development in which the easement(s) is/are located.

8.

A property owner whose property is subject to any easement, including but not limited to drainage, shall be responsible for its maintenance and shall keep it free and clear of any permanent building or structure. No building permits shall be issued to place any building or other improvement on, over, or within such easement, in whole or part.

9.

The owner of the property upon which the utility easement is located may fence across the easement if such fencing is so desired, providing that by placing such fencing across the easement or by allowing such fence to remain across the easement, the owner shall be conclusively presumed to have consented to permit reasonable access to the utility easement and any utilities therein by any affected utility company over other unfenced portions of the landowner's property and to have indemnified the easement holder against any damages that may occur to a fence during the normal course of maintaining the said easement.

B.

Utility Location Policies

1.

It shall be the policy of the City Council to require that all developments located within the City to request City water and sanitary sewer service. Should a development be located in the CCN boundaries of another utility purveyor, the applicant shall invoke applicable state statutes, as amended, and formally request that the City provide utility service(s). The City shall determine if the City can provide the requested utility service(s) to the development.

2.

It is in the City's best interest to coordinate and regulate the placement of public and private utilities in the public right-of-way and in easements on private property. Such regulations and coordination shall be managed under the general guidelines of this UDC.

3.

Utilities are to be placed in accordance with the Cibolo Design and Construction Manual.

4.

The subdivider shall be responsible for insuring that utility providers are given a coordinated schedule for the installation of respective facilities, including sufficient notice of desired installation dates. Prior to the start of curb and pavement installation, the subdivider shall obtain a written release from each utility provider indicating that required utility installation is complete, or shall ensure that subsequent installation of these utilities is performed in a manner that does not cut or otherwise damage newly constructed streets that will be dedicated to the public.

5.

The subdivider shall be responsible for providing the City Planner with adequate information to show the exact locations of all utilities installed. No public facilities or improvements shall be accepted for dedication until such as built plans or record drawings, as required herein.

6.

In those instances where existing utilities in easements on private property need to be replaced, such utilities shall be relocated within nearby public rights-of-way in accordance with the location criteria of this UDC and Cibolo Design and Construction Manual.

7.

There shall be sufficient right-of-way along local and collector streets for utilities and solid waste pick-up, except where alleys or other easements allow for these services to be located off-street.

8.

There shall be sufficient right-of-way such that sidewalks and related pedestrian activity is not impeded by the location of utilities, including solid waste pick-up, fire hydrants, and utility poles.

9.

In those instances where unusual circumstances arise, not specifically covered by foregoing provisions and/or referenced location criteria, the general intent of this UDC shall be used to guide the placement of utility facilities.

10.

In accordance with Article 18 of this UDC, it is the policy of the City to reserve appropriate spaces that may be interconnected into a linear park network. The City Council may require that any drainage or utility easement that provides a connection or connections to adjoining neighborhoods or an existing or proposed linear park network also be designated as a public access easement for the purpose of providing pedestrian and bicycle access and may request parkland dedication for this purpose in accordance with this UDC. Linear parks, when proposed or where required, must be designed in accordance with the Cibolo Design and Construction Manual.

C.

Roughly Proportional Responsibilities of Developer

The subdivider shall be responsible for the cost of all design, engineering, labor, and construction costs that are roughly proportional to the utility and drainage improvements required by this UDC, except to the extent that this section specifically provides for full or partial payment by the City. The provisions of this section shall apply to resubdivisions as well as to subdivisions. Specifically, the developer shall be responsible for the rough proportional costs of the following:

1.

Phasing of development or improvements in order to ensure the provision of adequate public facilities;

2.

Extensions of public facilities and roadways, including any necessary on- and off-site facilities, to connect to existing public facilities;

3.

Providing and/or procuring all necessary property interests, including rights-of-way and easements, for the facilities (whether on-site or off-site);

4.

Providing proof to the City of adequate public facilities;

5.

Making provisions for future expansion of the public facilities as needed to serve future developments, subject to the City's oversize participation policies, if applicable;

6.

Providing for all operations and maintenance of the public facilities, or providing proof that a separate entity will be responsible for the operations and maintenance of the facilities;

7.

Providing fiscal security required for the construction of the public facilities;

8.

Obtaining approvals from the applicable utility providers other than the City; and

9.

Complying with all requirements of the utility providers, including the City and applicable drainage districts.

Nothing in this chapter shall be construed to require any dedication or construction that is not explicitly required by the standards within this UDC.

D.

Roughly Proportional Developer Responsibilities for Off-Site Utility/Drainage Improvements

Where a subdivision is adjacent to or is served by utility and/or drainage facilities that do not meet the City's minimum standards for utility and/or drainage design or construction, the subdivider shall make the improvements to the substandard facilities as are roughly proportional to the utility and drainage impacts generated by the subdivision. Said improvements shall be established through the completion of a Utility and/or Drainage Impact Analysis that meets the minimum standards specified in this Article. The City may, at its discretion, participate in the costs to oversize the improvements with the subdivider as set out herein and subject to the City's participation policies regarding oversizing improvements.

E.

Necessity for Easement Dedication and Construction

1.

Support for New Development

a.

New development must be supported by adequate levels of public facilities and services, as required and defined herein, and as limited by Section 19.6.C.

b.

It is necessary and desirable to provide for dedication of rights-of-way and easements for capital improvements, as limited by Section 19.6.C herein, to support new development at the earliest stage of the development process.

2.

Developer Obligations; Dedication and Construction of Improvements

The developer shall dedicate all rights-of-way and easements for capital improvements within the rights-of-way or easements for those water, wastewater, road or drainage improvements needed to adequately serve a proposed development consistent with the applicable master facilities plans and construction design standards, as limited in Section 19.6.C, and shall construct said improvements, whether the facilities are located on, adjacent to or outside the boundaries of the property being developed in accordance with this UDC.

3.

Timing of Dedication and Construction

a.

Initial Provision for Dedication or Construction . The City shall require an initial demonstration that a proposed development shall be adequately served by public facilities and services, as limited in Section 19.6.C, at the time for approval of the first development application that portrays a specific plan of development, including but not limited to a petition for establishing a Planned Development (PD) zoning district, or other overlay zoning district; a petition for an annexation agreement or a development agreement; an application for a Land Study, or an application for a Preliminary Plat or Final Plat. As a condition of approval of the development application, the City may require provision for dedication of rights-of-way or easements for, and construction of, capital improvements to serve the proposed development.

b.

Deferral of Obligation . The obligation to dedicate easements or rights-of-way for or to construct one or more capital utility or drainage improvement to serve a new development may be deferred until approval of a subordinate development permit, or, in the case of a development proposed to be developed in phases, until a subsequent phase of the development, on the sole discretion of the City, upon written request of the property owner, or at the City s own initiative. As a condition of deferring the obligation, the City may require that the developer enter into a capital improvements agreement pursuant to Article 20 of this UDC, specifying the time for dedication of easement or rights-of-way for or construction of capital improvements serving the development.

c.

Relief from Obligations . In order to achieve proportionality between the demands created by a proposed development on public facilities and the obligation to provide adequate public facilities, as limited in Section 19.6.C, the City may participate in the costs of public facilities in accordance with this Article or relieve the property owner of some or part of the obligations in response to a petition the City Manager for relief from a dedication or construction requirements. Petitions seeking relief that are denied by the City Manager may be appealed to the City Council.

4.

Utility/Drainage Participation Policies - Improvement to Adjacent Utilities and Drains

a.

Improvement of Fair Share of Substandard Utility and Drainage Facilities . When an area within a proposed plat, whether residential or nonresidential, abuts on one or both sides of an existing substandard, or non-existent, utility and/or drainage facility, or a planned or future utility or drainage facility as shown on the City's adopted plans or capital improvements program related to water, wastewater and/or stormwater, the developer shall be required to improve its roughly proportional share of the utility and/or storm drainage facilities and water quality or erosion controls, and utility facilities, to bring the facilities to City standards, or to replace them with standard City utility or drainage facilities at no cost to the City.

b.

Calculation Cost .

i.

The developer's share of improvements to a substandard utility or drainage facility shall be the complete cost required to design and construct the utility or drainage facility to a level of service that complies with the standards and requirements of this UDC to adequately serve the proposed development.

ii.

The City may participate in the costs of improvements in excess of the developer's fair share obligations and where such costs are not borne by another public entity, in cases where the application of the standards in this Section result in a developer paying more than their roughly proportional share of the cost, as determined in accordance by a City retained engineer or when the oversizing of required utility or drainage improvements is determined to be in the interest of the public to address health or safety issues or to complete public improvements to a level of service identified in the capital improvements program or an approved plan or study.

5.

Improvements . All required utility and drainage improvements shall be constructed in accordance with the Cibolo Design and Construction Manual.

F.

Utility Easements

Utility easements shall be provided for the installation of utilities in accordance with the requirements of the City and any utility provider. Weeds and grass in all easements shall be maintained by the property owner, HOA, or Property Owner Association on which the easement is located in accordance the City Code of Ordinances provisions for high weeds and grass.

G.

Drainage Easements

1.

When a subdivision is traversed by a watercourse, drainage way, channel, or stream, a stormwater easement or drainage rights-of-way (ROW) shall be provided. Said easement or drainage ROW shall substantially encompass the boundaries of said water course and shall be of sufficient width, in accordance with the Design and Construction standards of this UDC.

2.

Drainage or stormwater easements may be constructed as open earth channels or concrete drainage structures. Grass lined earthen channels shall be maintained by the developer or their assigns.

3.

The City shall only maintain concrete drainage structures constructed by the City and those structures formally accepted by the City per the provisions of UDC Section 20.3.6.

4.

Routine maintenance of weeds and grass in all drainage and utility easements shall be maintained by the property owner, HOA, or Property Owner Association on which the easement is located in accordance the City Code of Ordinances provisions for high weeds and grass.

H.

Access Easements

In an effort to reduce the congestion created by a number of driveways along street rights-of-way while maintaining adequate access to developments, the City may allow Access Easements to be dedicated within and across developments of similar use. These easements shall be a minimum of twenty-four feet (24') in width and meet the minimum Cibolo Design and Construction Manual standards of this UDC.

I.

Electricity

Electric connections are to be installed according to standards of franchised utilities authorized to provide service in Cibolo and all City Electrical Codes. All electric lines shall be placed underground and in the front of properties or at any other location deemed to be appropriate by the utility provider.

J.

Natural Gas

Natural Gas connections are to be installed according to standards of the local utility company franchised to provide service in Cibolo and City Fuel Gas Codes. All natural gas lines shall be placed underground and in the front of properties or at any other location deemed to be appropriate by the utility provider.

K.

Communications

Communication connections are to be installed according to standards of each local utility provider franchised to provide service in Cibolo. All utilities shall be placed underground and in the front of properties, or at any other location deemed to be appropriate by the utility provider.

L.

Solid Waste and Sanitation

Solid waste collection to residential, commercial and industrial customers and for residential, commercial and industrial developers shall be provided by the utility provider(s) awarded the franchise(s) designated by the City Council, in accordance with Cibolo Code of Ordinances, Part 2, Chapter 62 (Solid Waste and Sanitation).

M.

Flood Regulation

The City shall review each proposed subdivision, site plan and any other development application to ensure that:

1.

All proposals are designed with the need to minimize flood damage.

2.

All public utilities and facilities, such as sewage, gas, electrical and water systems are located and constructed to minimize flood damage.

3.

Adequate drainage is provided so as to reduce exposure to flood hazards and to ensure compliance with this UDC, the Cibolo Design and Construction Manual and City Code of Ordinances Part 2, Chapter 30 (Floods).