21-S-49 - Amnding the UDC Article 15, section 21.15.4 UtilitiesORDINANCE NO. 21-S-49
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED
DEVELOPMENT CODE (UDC) ARTICLE 15, SECTION 21.15.4 UTILITIES; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ") adopted as
Amended and Restated Unified Development Code on April 13, 2010, as further amended (the
"Current UDC "); and
WHEREAS, City Staff has reviewed the Current UDC and have recommended certain revision and
updates to, and reorganization of, the Current UDC;
WHEREAS, on November 17, 2021 the Planning and Zoning Commission conducted a public
hearing and thereafter recommended approval; and
WHEREAS, on December 7, 2021 the City Council conducted a public hearing and after
considering the Criteria and recommendation by the Planning and Zoning Commission, determined
that the proposed amendments are appropriate and in the interest of the public safety, health and
welfare;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS-
THAT:
Section 1. The current UDC is hereby amended as set forth on Exhibit A hereto.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of
the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent
with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such
provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares
that this Ordinance would have been enacted without such invalid provision.
Section 6. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 7. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject matter
of the public business to be considered at such meeting, including this Ordinance, was given, all as
required by Chapter 551, as amended, Texas Government Code.
Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
Approved on first reading the 7th day of December, 2021.
PASSED, APPROVED AND ADOPTED on final reading the 10 day of December, 2021.
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ATTEST-
Brenda Dennis, City Secretary
Exhibit A
Unified Development Code
Article 15 Section 21.15.4 Utilities
See Attached
Current UDC Article 15 Section 21.15.4 to be removed:
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UDC Article 15 Section 21.15.4 New Text AdoMed via Ord. 21 -S =14:
Article 15 — Easements and Utilities
Sec. 21.15.4. - Utilities.
A. Purpose. Underground utility line facilities possess a logical relationship to the use and
enjoyment of parcels within the City by:
1. Improving visibility along public rights -of -way.
2. Protecting the utility facilities from damage due to vehicular impact.
3. Reducing obstructions in the path of vehicles driving off of a right -of -way.
4. Facilitating fewer wind outages with lower costs to utility providers forrestoration
of outages due to wind, translating into lower costs for utility customers.
5. Reducing interference with the existing tree canopies.
6. Improving the aesthetics of an area by removing above - ground utility poles, lines
and above - ground appurtenances from view.
7. Increasing property values.
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 UDC.
Utility easements shall be provided for the installation of utilities in accordance with the
requirements of the City and maintained by the property owner, in accordance with Chapter
54 of the City Code of Ordinances. Trees and hardscapes, excluding driveways and
sidewalks, and any other surface or subsurface improvement that could damage the utility
infrastructure or limit the utility provider's ability to maintain their utility infrastructure
shall not be installed within utility easement, except where a waiver is granted by the utility
easement holder or expressly allowed in the easement language.
Existing overhead utilities, when altered by new development or development receiving an
increase in or change in service may remain overhead or be placed underground. Utility
expansions or extensions, including Primary Distribution expansions, required to serve new
development or development receiving an increase in or change in service shall be placed
underground in accordance with City Standards; or, if those utilities are waived to be
installed overhead, the new service or change in service must be placed or located to one
side of the street, alley, or thoroughfare in an easement or Right of Way as determined by
the City. All utility crossings, including Secondary Distribution, shall cross a Right of Way,
street, alley, or thoroughfare underground, even in instances where the Primary Distribution
has a waiver to be installed overhead.
All underground utility lines shall be buried and utility connections are to be installed according to
all applicable City Standards, as well as those of the City's franchised utilities authorized to provide
service in Schertz. Underground utilities may be installed on both sides of a Right of Way, street,
alley, or thoroughfare.
B. Definitions
Transmission Line -A line that carries electricity at voltages of 69kV or greater and is used
to transmit electric power over relatively long distances, usually from a central generating
station to main substation (This section does not apply to transmission lines or easements).
Primary Distribution- delivers power from distribution substations to distribution
transformers that provide power to a secondary distribution system- (usually three phase
power lines)
Secondary Distribution - carries power from distribution transformers to the electric meters
of the end customers. This is also referred to as a "Service Line ".
C. Applicability. The provisions of this section are deemed to be minimum standards and shall
be applicable to all properties, facilities, and utilities within the Corporate City Limits and
Extraterritorial Jurisdiction (ETJ).
D. Residential. All utilities in Residential Districts (all residential districts other than multi-
family) including, but not limited to, electrical wiring, natural gas, telephone, and
communication systems, shall be located in an easement or the Right of Way adjacent to
the front yard of the property as defined by the address, shall be installed underground, and
shall be maintained in accordance with all applicable City codes and regulations for such
systems.
E. Apartment /Multi - Family. All utilities within Multi- Family Districts including, but not
limited to, electrical wiring, natural gas, and communication systems, shall be installed
underground and shall be maintained in accordance with all applicable City codes and
regulations for such systems. Electrical primary distribution lines and telecommunication
systems providing service to multi- family districts may be installed overhead along a single
side of the perimeter of a subdivision, which is not adjacent and parallel to a Right of Way,
within a utility easement. Installations which are adjacent and parallel to the Right of Way
require an approved waiver to be installed. The secondary distribution lines providing
electric service to each lot within the subdivision shall be installed underground.
F. Public Use. All utilities serving a public use district, including, but not limited to, electrical
wiring, natural gas, and communication systems shall be installed underground. Utility
connections, such as telecommunication, electricity, water and sanitary sewer stub outs
shall be provided to all acreage dedicated as public parkland.
G. Commercial. All utilities in Commercial Districts including, but not limited to, natural
gas, and communication systems, shall be installed underground and shall be maintained
in accordance with all applicable City codes and regulations for such systems. Electrical
primary distribution lines and telecommunication systems providing service to
Commercial developments may be installed overhead along a single individual side of the
perimeter of a property, which is not adjacent and parallel to a Right of Way, within a
utility easement. Installations which are adjacent and parallel to the Right of Way require
an approved waiver to be installed. Electrical primary distribution lines shall not be
installed overhead within the perimeter or internal to a commercial development.
Secondary distribution lines providing electric service to each lot within the subdivision
shall be installed underground.
H. Industrial. All utilities in Industrial Districts including, but not limited to, electric, natural
gas, and communication systems, shall be installed underground and shall be maintained
in accordance with all applicable City codes and regulations for such systems. Electrical
primary distribution lines and telecommunication systems providing service to Industrial
districts developments may be installed overhead along a single individual side of the
perimeter of a property, which is not adjacent and parallel to a Right of Way, within a
utility easement and shall not be installed within the property. Installations which are
adjacent and parallel to the Right of Way require an approved waiver to be installed.
Secondary distribution lines providing electric service to each lot within a subdivided
industrial district development shall be installed underground.
I. On -Site Utilities. Regardless of the type of zoning district, all on -site utilities (e.g. the
edge of the property inward) must be located underground.
Street Lighting. Installation of streetlights shall be the responsibility of the subdivider,
developer, or property owner in new developments where streetlights are required to be
installed by the City of Schertz Unified Development Code and shall meet the lighting
and glare standards set forth in the City of Schertz Unified Development Code. The City
of Schertz or electric provider may install streetlights within previous developed areas or
areas where accommodations cannot be made to make the installation safe for the
subdivider, developer, or property owner. The City of Schertz or utility provider may
require the installation of conduit by the subdivider, developer, or property owner in this
case. Service lines to streetlights shall be underground and shall be extended within an
appropriate easement or right -of -way to available transformers and junction boxes.
Service lines shall be provided and installed at the sole cost of the subdivider, developer
or property owner. The City of Schertz or utility provider shall be responsible for
streetlight maintenance for all nonmetered, public streetlights within the City of Schertz.
Decorative or other nonstandard streetlight fixtures shall be approved by the Public
Works Director or Assistant Public Works Director, except when City Council approves
as part of a zoning ordinance. The subdivider, developer or property owner shall be
responsible for the installation and maintenance of all private, metered streetlights.
K. Waivers. The City Manager or the Public Works Director may waive the requirements of
Section 21.15.4 or grant a waiver where he /she finds that unique conditions supporting
such waiver exist within the development or along rights -of -ways.
1. Decision and Appeal. The Public Works Director shall either grant or deny the
waiver within thirty (30) days of the application's receipt in the Public Works office.
If the waiver is denied, the Public Works Director shall so notify the applicant in
writing, If the waiver is denied, the applicant may appeal the decision to the City
Manager by filing a written notice of appeal within ten (10) days of the applicant's
receipt of the notice of denial of the waiver. The Public Works Director shall then
schedule a meeting with the City Manager on the appeal at the earliest convenient
opportunity and shall notify both the appellant and the City Manager of the hearing.
After holding a hearing on the denial of the waiver, the City Manager may either
sustain the decision or grant the waiver.
2. Approval Criteria. The City Manager or the Public Works Director may grant a
waiver from the requirements of the City if either finds both of the following
conditions:
The requirements to provide utilities to the owner /customer's property pose a
degree of practical difficulty, such as natural barriers, presence of existing
utilities, or other existing conditions outside of the property owner's control, and
that approval of the waiver would not be contrary to public policy and would not
substantially weaken the general purposes of this division and of the area of the
City in which the property lies.
3. Scope of Approval. Whenever a waiver has been granted under this section, and
thereafter the waiver date, utility services are disconnected from the property due
to the request, direction or actions of the property owner, the waiver becomes
null and void. Any reconnection of utility service to the property must be
accomplished in a manner consistent with the requirements of this division and
of the ordinance which established service.
4. Above ground waiver. Any utility given a waiver to be placed above ground must
be placed on steel poles meeting the requirements of the City