§ 35-507. Utilities.

This section implements the following provisions of the master plan:

•  Urban Design, Policy 1g: Prepare design and construction policies and standards for utility and transportation infrastructure, capital improvement projects, public facilities and development projects that reinforce neighborhood centers and provide diverse, pedestrian-friendly neighborhoods.

•  Urban Design, Policy 4c: Encourage utility and telephone line locations to be in the rear of property, underground or otherwise give aesthetic and economic consideration to alternative locations.

(a)

Applicability. The provisions of this chapter shall apply to all persons, and political subdivisions of the state, designing or installing or causing to be designed or installed the following within the corporate limits of the city or within the city's extraterritorial jurisdiction, as that term is defined by the Municipal Annexation Act, compiled as V.T.C.A. Local Government Code § 42.001 et seq.:

(1)

Sanitary sewers.

(2)

Storm sewers.

(3)

Water transmission or distribution lines.

(4)

Electric power lines.

(5)

Telephone lines.

(6)

Natural gas lines.

(7)

Cable television lines.

(8)

Recycled water lines.

(b)

Generally. Easements shall be provided for the utilities set forth in subsection (a), above, as provided herein. Easements widths shall be in accordance with the utility service provider requirements.

(c)

Location. All utility lines, including water lines, sewer lines, cable, and electric lines or poles shall be located in accordance with the right-of-way management ordinance and the utility excavation criteria manual.

(d)

Water, Wastewater and Recycled Water Systems.

(1)

Generally. All subdivisions within the city and its extraterritorial jurisdiction shall be provided with water and wastewater systems. Water, wastewater recycled water systems shall be installed in accordance with the utility service provider's "utility service regulations."

The regulation for water service, system extension, and service line installation adopted by the applicable utility provider and the criteria for water supply and distribution in the city and its extraterritorial jurisdiction are hereby adopted as a part of the city planning area subdivision regulations and are on file in the office of the city clerk.

(2)

Exemptions. A water supply and distribution system is not required for subdivisions which meet all of the following conditions:

A.

The subdivision is located outside the city limits within its extraterritorial jurisdiction.

B.

The subdivision is located outside the area included within the current San Antonio Water System's master plan for water works improvements; and

C.

Each lot has a minimum size of one and one-half (1.5) acres of usable land outside of any easements and right-of-way dedications; and

D.

A potable ground water supply which meets the Texas Department of Health's drinking water standards underlies each lot and such water is available in sufficient quantity to furnish the domestic water needs of the improvements to be constructed on the individual lots within the subdivision.

E.

The plat of the subdivision is annotated with the following note:

I hereby certify to the best of my knowledge that at the time of planning commission approval, a potable ground water supply which meets the current standards as established by the Texas Department of Health for drinking water underlies each lot and such water is of sufficient quantity to supply the domestic needs of the improvements to be constructed on the individual lots within the subdivision. Each individual property owner is responsible for the construction of an individual water well that is in compliance with the rules and regulations of the Texas Department of Health.

Registered Professional      
engineer

Sworn and subscribed before me this the _____ day of _______ A.D. _____ [insert year].

Notary public
Bexar County, Texas

(3)

Exemptions Wastewater Collection and Disposal. Connection to a sanitary sewer system is not required for a subdivision that meets both of the following conditions:

A.

Connection to a sanitary sewer system will require unreasonable expenditure when compared with other methods of sewage disposal. Such cost estimates of the sanitary sewage system versus the proposed methods of sewage disposal must be submitted to the San Antonio Water System (SAWS) for approval.

B.

Bexar County, or other local authority as warranted, approval to use a non-site sewage disposal system for the subdivision.

(4)

Unsewered Lots. Where an organized sanitary sewer collection system is not provided, the lot size shall be determined in accordance with the requirements of the Bexar County Commissioners' Court Order "Regulating and Licensing of Private Sewage Facilities," and shall be approved by the county director of public works prior to approval by the planning commission. Planned unit developments shall not be permitted with septic tank system installations unless approved by the county director of the public works. If approved, the septic tank system shall serve only one (1) lot and shall be located on that lot.

(e)

Penalties.

(1)

Nonconforming Work. Any plumber whose work does not conform to the regulations and requirements of this chapter, or whose workmanship or materials are of inferior quality, shall, on notice from the director of planning and development services, make the necessary changes or corrections at once. If the work has not been corrected after ten (10) days' notice, the director shall refuse to issue any additional permits to such person until the work has fully complied with these requirements.

(2)

False Statements or Misrepresentations. The director of planning and development services may revoke a permit in the event there has been any false statement or misrepresentation as to a material fact in the application or plans upon which the permit approval was based. No permit fees shall be refunded in such event.

(f)

Easements.

(1)

Generally. Easements may be permitted for a specific purpose when requested by a particular utility. Such specific use easements shall be a part of a lot or lots unless designated to be converted into public street right-of-way. Easements may be designated to be converted into public street right-of-way on a subsequent plat without vacating and replatting. Such easement shall be annotated with the following note:

"Easement to expire upon incorporation into platted public street right-of-way."

(2)

Use of Easements. If the owner of the property upon which a utility easement is located desires to use it for lawn purposes, fencing across the easement shall be permitted but gates along the side lot lines must be provided. The gates shall be sixteen (16) feet wide (two (2) eight-foot gates) and shall be capable of being opened and closed at all times. These gates shall be secured in the center by a drop rod or some similar device which does not obstruct free passage over the easement. The drop rod may be lowered into a drop rod keeper installed so as to be flush with the ground level. No permanent-type center pole for the gates may be erected. The gates shall remain unlocked at all times. Property owners who do not desire to use a utility easement for lawn purposes may fence their backyard area at the easement line. The property owner is responsible for the maintenance of the unused easement area even though it may be located beyond the rear fence of the property.

(3)

Maintenance. Maintenance of the utility easement is the responsibility of the owner of the property upon which it is located. It shall be the duty of the property owner to keep the area clear of any structure, debris, vegetation, trees, shrubs or landscaping whatsoever, except that lawn grass, which shall be regularly mowed and controlled, may be grown thereon.

(4)

Curb Exposure. Normal curb exposure shall be maintained where utility easements intersect streets.

(5)

Overhead Utility Lines. Overhead utility line easements shall be provided to afford clearance from overhead utility lines as specified by the National Electrical Safety Code, CPS Energy regulations, and other applicable codes and laws. CPS Energy will provide the information necessary to comply with these requirements.

(6)

Connection of Easements. Where utility easements are not themselves straight within each block or if they do not connect on a straight course with the utility easements of adjoining blocks, then an additional easement shall be provided for the placing of guy wires on lot division lines in order to support poles set on curving or deviating rights-of-way or alleys.

(7)

Structures Within Easements. Permits shall not be issued for construction of fences or other structures not in compliance herewith.

(g)

Overhang Easements. In all alleys overhang easements for electric and telephone lines of at least four (4) feet on each side of the alley strip at a height at or above eighteen (18) feet shall be provided.

(h)

Municipal Utility Districts.

(1)

Policy. The stated policy of the City of San Antonio as contained in Resolution No. 86-29-83, passed by the city council on June 26, 1986, is to discourage the formation of municipal utility districts or other special districts. It is prudent for the city to consent to the creation of such districts under certain circumstances. The city's goal is to limit the extent of its financial liability in all such cases.

(2)

Guidelines. The city manager and the city staff are hereby authorized to enter into negotiations for consent agreements which the promoters of proposed districts when such consent is in the city's best interests. The city council hereby adopts the following guidelines and negotiation goals for developing such agreements:

A.

Developer shall secure the wastewater discharge permit.

B.

Developer shall establish costs for a state approved municipal water system.

C.

A limit shall be set on the dollar amount of the bonds issued.

D.

Developer's contribution shall be increased beyond the thirty (30) percent set in the Texas Code.

E.

A time limit shall be set on debt retirement.

F.

Proceeds from bond sales are to be used only for water and sewer facilities.

G.

An exofficio member of the municipal utility district board of directors is to be appointed by city council.

H.

Thirty (30) days' notice of proposed bond issue (sale) must be given to the city clerk.

I.

A copy of the municipal utility district's annual report to the Texas Water Commission must be given to the city clerk.

J.

The municipal utility district shall not provide water or wastewater service to any tract unless the planning commission has approved a plat for that tract and the plat has been recorded in the county deed records.

K.

The municipal utility district shall not provide services outside its boundaries unless specifically approved by city council.

L.

No land may be annexed into a district without city council approval.

M.

All right-of-way, public parkland, utility and drainage easements must be dedicated to the district.

N.

All development and public improvements within the district must conform to city codes and regulations; all plans and construction for public improvement projects must be approved by city inspectors.

O.

Developer must run a financial feasibility analysis on the city model.

P.

A limit shall be established on the amount allowed for a professional services contract.

(3)

Negotiation Goals. These negotiation goals are not meant to be all-inclusive and staff may amend as necessary in the city's best interests.

(i)

Compliance with Mission Protection Overlay Districts. All utility lines, poles, and other above surface utility facilities shall comply with the height limitations of a mission protection overlay district. Utility lines are encouraged to be located underground and in the right-of-way where possible.

(Ord. No. 65513, § 2(f), 8-13-87; Ord. No. 74489, 1(Att. I), 10-3-91) (Ord. No. 97568 § 2; Ord. No. 98697 § 6) (Ord. No. 101816, § 2, 12-15-05) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2014-10-02-0742, § 2, 10-2-14)