§ 32-77. Streets and alley improvements

(a) All on-site streets and alleys shall be constructed by the developer at the developer's expense, unless otherwise allowed by this chapter. If the subdivision is adjacent to a planned or future or substandard arterial or collector street, as shown on the city thoroughfare plan, and derives access, whether direct or indirect, from said roadway, then the developer shall be required to design and construct a reasonable portion of the roadway as well as any required median openings and left turn lanes needed to serve his subdivision as required by sections of this chapter. The city council may, at its option, accept escrow funds in lieu of immediate roadway construction if the subdivision derives principal access from another improved roadway and if delaying construction or improvement of the road will not harm or otherwise inconvenience neighboring property owners or the general public.

(b) All public and private streets and alleys shall be constructed per the specifications in the city's DCM manual.

(c) The arrangement, character, extent, width, grade and location of all streets shall conform to the city thoroughfare plan and DCM manual, and shall be considered in their relation to existing and planned streets or driveways, whether within the city or within its ETJ, 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 shall not be permitted in any subdivision unless such are required by the city in the public interest, such as to enhance public safety or other public interest. The minimum street and alley paving standards for which the construction shall be performed by the developer are shown in the DCM manual.

(d) In addition to the minimum standards mentioned in this section, barrier-free ramps for physically challenged persons shall be constructed at all street corners, driveway approaches, appropriate midblock crosswalks, and in locations where accessible parking spaces are provided. All barrier-free ramps and other accessibility considerations shall comply with section 228 of the Highway Safety Act, as currently amended, and with the Americans with Disabilities Act (ADA), as amended.

(e) All signs and barricades shall be in conformity with the DCM manual, with ADA standards, and with specifications for uniform traffic control devices, as adopted by the state department of transportation and the state department of public safety.

(f) Approval is required prior to the installation of any driveway connecting to a public street. Minimum distances, as measured from the edge or curb to the edge or curb of driveways, and not from the centerlines of the driveways, between driveway openings shall be required in accordance with the DCM, unless otherwise approved by the city council. Driveways shall not be within the transition or stacking portion of a right turn lane, and shall have minimum distances from an intersecting thoroughfare or arterial street, as measured from the intersecting street's end of curb radius.

(g) 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 stormwater runoff and preserve natural, scenic characteristics of the land.

(h) Adequacy of streets and thoroughfares.

(1) Responsibility for adequacy of streets and thoroughfares. The applicant 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, as applicable.

(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 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 and safe and efficient traffic circulation. The adequacy of the road network for developments of 100 or more dwelling units, or for developments generating 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 concept plan or preliminary plat application, of a traffic impact analysis prepared in accordance with subsection (j) of this section, 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 concept plan or 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 later phases of the development. If the concept plan or plat is in conformance with the thoroughfare plan and if the concept plan or plat is for a development of less than 100 dwelling units or for a development generating less than 1,000 one-way trips per day, then a traffic impact analysis is not required.

(4) Approach roads and access. All subdivisions must have at least two points of vehicular access, primarily for emergency vehicles, and must be connected 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 density or intensity of the proposed development, if such need is demonstrated by traffic impact analysis.

a. The term "two points of vehicular access" means that the subdivision has at least two roads accessing the subdivision from the city's improved thoroughfare system, and the subdivision has at least two 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 200 feet to an intersecting internal street which provides at least two 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.

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 street as required by applicable zoning or 50 feet, whichever is greater, unless other provisions have been authorized through planned development approval.

(5) Off-site improvements. Where the traffic impact analysis, completed by an engineer at the applicant's cost, demonstrates the need for such facilities, the applicant 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 related developments. The city may participate in the costs of oversize improvements with the applicant as set out herein, and subject to the city's cost participation policies on

oversized improvements. Notwithstanding anything to the contrary in this chapter the applicant shall not be required to make a contribution to any capital improvements for which an impact fee may be charged under V.T.C.A., Local Government Code ch. 395, unless and until the city adopts an impact fee for those capital improvements.

(6) Street dedications.

a. Dedication of rights-of-way. The applicant 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 or other valid development plan approved by the city council. In the case of perimeter streets, half of the total required right-of-way width for such streets shall be provided. However, 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.

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 subdivision or addition.

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 three feet horizontal run to one foot vertical height, or a 3:1 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 chapter, and in accordance with the DCM manual and other city standards as may be from time to time adopted.

(8) Intersection improvements and traffic control devices. Intersection improvements and traffic control devices shall be installed as warranted in accordance with the traffic impact analysis required by subsection (h)(10)f of this section. Construction and design standards shall be in accordance with city standards and the DCM manual.

(9) Phased development. Where a subdivision is proposed to occur in phases, the applicant, in conjunction with submission of the preliminary 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 council 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 council determines to be necessary to adjudge whether the subdivision will be adequately served by streets and thoroughfares.

(10) Private streets. Subdivisions having private streets may be established only under the terms set forth in this section, and pursuant to any other ordinances or guidelines for private street developments as may be adopted for use by the city either as part of this chapter or as separate ordinances or policies. 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.

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

1. The streets to be restricted to private use are not intended for regional or local through traffic circulation (see subsection (h)(10)b of this section);

2. The subdivision is located in an area that is surrounded on at least two sides, meaning at least 50 percent of the perimeter, by natural barriers, such as creeks, floodplains, steep topological slopes, geologic formations or wildlife preserves, or by similar barriers created by man, such as a golf course or linear park. Non-qualifying barriers include screening walls, roadways, manmade drainage ditches or berms, utility easements and rights-of-way;

3. 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. In that instance, the two subdivisions shall be connected as public street subdivisions unless the bridge or culvert would be so expensive as to be impractical or unfeasible;

4. A mandatory property owners' or homeowners' association, which includes all property to be served by the private streets, will be formed (see subsection (h)(10)e of this section and section 32-118); and

5. The subdivision conforms to any other special guidelines for private street developments as may be approved separately by the city council.

b. Certain streets excluded. Roads or streets that are shown on the city thoroughfare plan, such as highways, major or minor thoroughfares or arterials, or collectors, 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 commission and the city council may deny the creation of any private street if, in their sole judgment, the private street would negatively affect traffic circulation on public streets, or if it would impair access to the subject or adjacent property; impair access to or from public facilities including schools or parks; or if it would cause possible delays in the response time of emergency vehicles.

c. Access onto public thoroughfare. A private street subdivision shall provide a minimum of 80 feet of access frontage on a public collector or arterial street for

subdivision entrances in order to accommodate a median-divided entrance with appropriate vehicle stacking, queuing and turnaround area. Primary access into a private street subdivision shall be from a major collector, which has a minimum right-of-way of 80 feet, or from a larger roadway, as shown on the city thoroughfare plan. Restricted access entrances shall not be allowed from residential collector streets, minor residential or local streets, or from alleys or private driveways or parking lots. No more than two gated street entrances may intersect a thoroughfare within any one mile segment.

d. Parks, greenbelts and wildlife preserves excluded. A private street subdivision shall not cross or interfere with public access to or enjoyment of an existing or future public pedestrian pathway, hike and bike trail, greenbelt, park or wildlife preserve as shown on the city's parks and open space master plan or as already dedicated for public use.

e. Property owners' or homeowners' association required. Subdivisions developed with private streets shall have a mandatory property owners' association that includes all property and lots served by the private streets. The association shall own and be responsible for the maintenance of private streets and appurtenances. The association documents shall be reviewed and approved by the city manager and the city attorney to ensure that they conform to these and other applicable city rules and regulations. The documents shall be filed of record with the county clerk prior to final plat approval in order to ensure that there is an entity in place for long-term maintenance of private streets and appurtenances. 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 will not assist in enforcing deed restrictions.

f. Private street lot. Private streets must be constructed within a separate lot owned by the property owners' association. This lot 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 previders operating within the city and to other necessary governmental service providers, such as the U.S. Postal Service. The easement shall also permit the city to remove any vehicle or obstacle within the street lot that may impair emergency access.

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 and utilities. Any public water, sewer and drainage facilities, street lights, and traffic control devices, such as traffic signs, placed within the private street lot shall be designed and constructed to city standards. All private traffic control devices and regulatory signs shall conform to the "Texas Manual of Uniform Traffic Control Devices," as amended, and to city standards. All city regulations relating to infrastructure financing, developer cost participation, and capital cost recovery shall apply to developments with private streets, with the exception of those applying to street construction. 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 centralized locations. Gang-box style metering stations shall not be permitted.

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 to protect the public health, safety, convenience and welfare.

j. Restricted access. The entrances to all private streets shall 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 (h)(10)k of this section. All restricted access entrances must be manned 24 hours every day, or they must provide a reliable, alternative means of ensuring city and emergency access to the subdivision, preferably with an Opticom-type system for emergency access by the city and other utility or public service providers, such as postal carriers and utility companies, with appropriate identification. The method to be used to ensure city and emergency access into the subdivision shall be approved by the city council and by all applicable emergency services providers prior to engineering release for construction of the development. 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 which 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 22 feet at the location of the gate or access control device, both ingress point and egress point, regardless of the type of device used. If an overhead, or lift-up, barrier is used, it must be a minimum of 14 feet in height above the road surface, and this clearance height shall be extended for a minimum distance of 50 feet in front of and behind the location of the device. All gates and cross arms must be of a breakaway design. A minimum vehicle stacking distance of 100 feet 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 or telephone or a guard's window. Adequate distance shall be provided between the access request points and the entry barrier or gate, to accommodate a vehicle turnaround as described in this subsection (h)(10)k. A paved turnaround space must be located in front of any restricted access entrance barrier, between the access request device and the barrier or 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 of such turnaround shall be of such pavement width and having such inside turning radius that it will accommodate smooth, single-motion U-turn movements by the following types of vehicles:

1. Larger passenger vehicles, such as vans and pick-up trucks;

2. Passenger vehicles with short trailers up to 24 feet in length, such as small flatbed, camping or box-type trailers; and

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

The city manager, the commission, or the city council may require submission of additional drawings, plans or exhibits demonstrating that the proposed turnaround will work properly, and that vehicle turnaround movements will not compromise public safety on the entry roadway or on the adjacent public streets. A site plan showing the design and location of all proposed access restricted entrances shall be submitted for review by the city manager and the city engineer along with the engineering plans for the subdivision, and must be approved by the city council along with approval of the preliminary plat.

l. Waiver of services. The subdivision final plat, property deeds and property owners' association documents shall note that certain city services shall not be provided for private street subdivisions. Among the services which will 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, also may not be provided.

m. Petition to convert to public streets. The property owners' association documents shall allow the association to petition the city to accept private streets and any associated property as public streets and right-of-way upon written notice to all association members and upon the favorable vote of a 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 assess 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 owners' expense, the removal of any guard houses, access control devices, landscaping or other aesthetic amenities located within the street lot or within any other common area. The association documents shall provide for the city's right to such removal and assessment. Those portions of the association documents pertaining to the subject matter contained in this section shall not be amended without the written consent of the city council.

n. Hold harmless. On the subdivision final plat shall be language whereby the property owners' association, as owner of the private streets and appurtenances, agrees to release, indemnify, defend and hold harmless the city, 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. This plat language is available from the city.

(i) Escrow policies and procedures.

(1) Request for escrow. Whenever this chapter requires a property owner to construct a street or thoroughfare, or other type of public improvement, the applicant may, if unusual circumstances exist, such as a timing issue due to pending roadway improvements by another agency such as TxDOT, that would present undue hardships or that would impede public infrastructure coordination or timing, petition the city to construct the street or thoroughfare, 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 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, 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 development. A traffic impact analysis may be required to facilitate the city council's deliberations on the matter.

(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 chapter, the applicant shall deposit in escrow with the city an amount equal to his 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 paid prior to release of engineering plans by the city engineer. The obligations and responsibilities of the applicant shall become those of the applicant'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 turn-key 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.

(4) Termination of escrow. Escrows which have been placed with the city under this section and which have been held for a period of ten 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 applicant, with accrued interest. Such return does not remove any obligations of the applicant 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 applicant 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 applicant'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 months of deposit, only the principal will be refunded. Monies returned after this date will be refunded with interest accrued, calculated at one percent less than the rate of actual earnings.

(j) Traffic impact analysis. Any proposed development project or plat involving a significant change to a proposed roadway alignment from that shown on the city thoroughfare plan, or involving a development of 100 or more dwelling units, or for developments generating 1,000 or more one-way trips per day, must be preceded by submission and approval of a traffic impact analysis as specified in subsection (f) of this section, sealed by an engineer and shall be solely at the applicant's cost. Failure to provide for such approval prior to submission of a preliminary plat, or concurrently with the preliminary plat application, shall be grounds for denial of the plat application.

(k) Required components of traffic impact analysis. Whenever this chapter requires submission 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 mile of the site, a description of the proposed land uses, the anticipated stages 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. All existing and proposed public transportation services and facilities within a one mile radius of the site.

(2) Proposed capital improvements. The traffic impact analysis shall identify any changes to the roadway network within one mile of the site that are proposed by any government agency or other developer. This description shall include the items set forth in subsection (k)(1) of this section, 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 Manual; or shall be based upon data generated by actual field surveys of area uses compatible to the proposed use and approved by the city manager and the city engineer.

2. Trip distribution. The distribution of trips to arterial and collector roadways within the study area identified in subsection (j)(1) of this section, general site fescription 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 (j)(1) of this section.

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.

(4) Intersection analysis.

a. Level of service analysis. For intersections within the roadway traffic impact analysis area described in subsection (j) of this section, general site description, a level of service analysis shall be performed for all arterial to arterial, arterial to collector, and collector to collector intersections, and for any other pertinent intersections identified the city manager. 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.

(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 (j) of this section that would cause the roadway to fall below the level of service required herein, 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.

(Ord. No. 549, § 10.225, 12-22-2009)