(a) When a proposed subdivision of land abuts on both sides of an existing standard road, or on one side of said road, being substandard
according to the then existing current Texas Department of Transportation Standard Specifications, the developer shall be
required to improve the existing road, to bring the same to the Texas Department of Transportation Standards, or replace it
with a standard city street at no cost to the city. If the proposed subdivision is located along only one side of a substandard
road, and when in the city council's judgment, it is not feasible to reconstruct said substandard road at the time of the
development of said subdivision, the city council may permit the developer to pay into escrow an amount equal to 115 percent
of the cost of said improvements as a condition of the approval of the final plat of the subdivision. If the proposed subdivision
is located along a state road, which is considered substandard, the developer shall be required to escrow funds for the cost
of improvements for curb and gutter and storm drainage. State roads shall include St. Hwy. 205, FM 550 and FM 1139. The amount
of the escrow shall be determined by the city engineer and shall be payable prior to construction of the subdivision streets
and utilities. When funds have been provided and placed in escrow with the City of McLendon-Chisholm for the development of
a substandard road, and the road is reconstructed by a party other than the escrowing developer and at no cost to the City
of McLendon-Chisholm, the escrowed funds and accrued interest, if any, shall be refunded to the developer after completion
and acceptance of the improvements. Where in its judgment, the public convenience and welfare will be substantially served
and the appropriate use of the neighboring property will not be substantially injured, the city council may, in specific cases,
at a regular meeting of the city council, and subject to appropriate conditions and safeguards, authorize special exceptions
to these regulations in order to permit reasonable development and improvement of property where the literal enforcement of
these regulations would result in an unnecessary hardship.
(b) All new roads within proposed subdivisions shall, at minimum be built to a width and design which will adequately serve that
subdivision. In addition, when required by the city in the interest of the community, the developer may be required to build
larger streets to the width shown on the thoroughfare plan. Streets which dead-end at power lines, railroads, or similar right-of-way,
which are intended for future extension across these rights-of-way, shall be constructed in right-of-way for half the distance
across the rights-of-way. Where streets are adjacent to undeveloped land and the property line is normally the centerline
of the street, the developer shall provide right-of-way of sufficient width and shall construct paving a minimum width of
27 street width feet, if deemed necessary by city engineer or traffic planner. In the event the street and/or railroad crossing
has been constructed or is being constructed by others, the developer shall pay his pro-rata share of the improvements. Escrow
or pro-rata shall be payable prior to construction of streets and utilities.
(c) The improvement, maintenance and repair of all streets and alleys within subdivisions shall be the perpetual responsibility
of a homeowner's association. To insure such obligation, the developer shall submit proposed homeowner's association regulations,
by-laws and requirements which impose this street maintenance and repair obligation on the association.
