HomeMy WebLinkAboutOrdinances (O-96-1016)-02/06/1996
ORDINANCE 0-96-1016
AN ORDINANCE OF THE CITY OF COLLEYVILLE AMENDING THE SUBDIVISION
ORDINANCE, CHAPTER 9 OF THE COLLEYVILLE CODE OF ORDINANCES, BY
ADDING A SECTION 13, REGULATING DEVELOPMENTS WITH PRIVATE STREETS I'
AND ENTRANCE GATES, AND AUTHORIZING PUBLICATION: I
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WHEREAS The City Council deems it necessary to regulate the orderly development of \
subdivisions in the City in order to protect the health, safety, and general
welfare of City residents; and
WHEREAS The City Council finds that policy is needed to address the proper design,
utilization, and maintenance of subdivisions containing private streets;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
That Chapter 9 of the Colleyville Code, Subdivision Ordinance, be amended
by adding a new Section 13 to read as follows:
"Section 13: REGULATION OF PRIVATE STREETS AND ENTRANCE GATES
A. COUNCIL AUTHORITY AND PROCEDURE:
(1) Authority - The City Council, after receiving recommendations from
the Planning and Zoning Commission and holding a public hearing,
may grant a variance to allow approval of a plat or replat of a
subdivision which includes private streets and entrance gates,
provided that the subdivision complies with the minimum
requirements listed below plus any other requirements deemed
necessary by the City Council in order to protect public health and
safety. The terms "private street" or "private streets" shall be
inclusive of streets, alleys, storm drainage systems, street lights,
entrance gates and structures.
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(2) Public Hearinas ReQuired - A request for a subdivision with private
streets must be reviewed by the Planning and Zoning Commission
and City Council with each body holding a public hearing. Notice of
said Commission and Council hearings shall be given at least 101
days prior to the hearing date of the Planning and Zoning I
Commission by publication in a newspaper with circulation in the City i
of Colleyville and by written notice to the owners of properties that I
are within 200 feet of the proposed subdivision with private streets,
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as indicated on the most recently approved municipal tax roll. The
written notice may be delivered by depositing the notice, properly
addressed and postage prepaid, in a post office or postal depository.
The Planning and Zoning Commission will act in an advisory capacity I
to the City Council in this matter. A subdivision with private streets II
and alleys is permitted only after a final decision has been made by
the City Council to issue a private street permit.
(8) CONDITIONS OF APPROVAL
(1) Plannina Considerations
(a)
(b)
(c)
(d)
Streets shown on the adopted Thoroughfare Plan of the City
of Colleyville must not be used, maintained or constructed as
private streets.
A subdivision with private streets and alleys must not impede I
or cross an existing or proposed street as shown on the City's I
most recent Thoroughfare Plan or approved preliminary or
final plats.
A subdivision with private streets and alleys must not disrupt
or disconnect an existing or proposed City of Colleyville public
pedestrian pathway, hike and bike trail, or park as shown on
the City's most recent Park Plan.
The perimeter of a subdivision with private streets and alleys
must include a minimum of 80 feet of contiguous frontage I
upon a public street. '
(e)
The proposed subdivision with private streets must be zoned
for residential purposes in accordance with the Colleyville
Zoning Ordinance.
(f)
A proposed subdivision with private streets adjacent to an
existing subdivision with public streets that can be reasonably'
connected, including the need to build a bridge or culvert for
example, should not be approved as a private street
subdivision. The two developments should be connected as
public street subdivisions.
(2) Public Access Considerations - In addition to the above conditions of
approval, the Planning and Zoning Commission may recommend
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denial and the City Council may reject a request for a subdivision with
private streets if in the Commission's and Council's judgment the
private streets would negatively affect traffic circulation on public
streets, impair access to properties or future developments that are
either on-site or off-site to the subdivision, impair access to or from
public facilities such as schools, parks and libraries, etc., or delay the
response time of emergency vehicles.
(3) Private Street Desion and Construction Standards - Private streets
must conform to the same standards regulating the design and
construction of public streets. These standards shall include, but are
not limited to the concrete street standards, engineering design
guidelines and construction standards and details, street naming and
addressing policy.
(4) Traffic Sions - All traffic regulatory signs along private streets must
conform to the Texas Manual of Uniform Traffic Control Devices.
(5) Homeowners Associations (HOA) ReQuired - A subdivision developed
with private streets must have a mandatory homeowners association
which includes all properties served by the private streets. The
association shall own and be responsible for the maintenance of the
private streets and appurtenances. The association's document must
indicate that the streets within the development are private, owned I
and maintained by the association, and that the City has no obligation
to maintain the private streets. The documents shall be filed of
record prior to the approval of the final plat. Lot deeds must convey
membership in the association and provide for the payment of dues
and assessments required by the association. The association must
not be dissolved without the prior written consent of the City. No
portion of the association's documents pertaining to the maintenance
of the private streets and assessments thereto shall be amended
without the written consent of the City.
(6) Reserve Fund - The homeowners association shall establish a
reserve fund for the maintenance and reconstruction of the private
streets, drainage facilities, and related appurtenances. The reserve
fund should be accounted for separately from other funds maintained
for annual operating expenses of the association in order to better
demonstrate that the amounts deposited therein are intended for
capital improvements. The City shall have authority to inspect all
streets, drainage facilities, and related appurtenances on a periodic
basis to determine the need for repairs to these capital facilities. The
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HOA shall repair all drainage and street facilities when instructed to
do so by the City. Failure by the HOA to make repairs to drainage
facilities which impact drainage up or downstream from the
development may result in the completion of needed repairs by the
city with an assessment against all properties in the subdivision.
HOA documents must detail this City authority and shall not be
amended without City approval.
(7) Private Street Lot - Private streets must be constructed within a
separate lot owned by the homeowners association. This lot must
conform to the City's standards for public street and alley right-of-
way. An easement covering the street lot must be granted to the City
providing unrestricted use of the property for utilities and the
maintenance of same. This right shall extend to all utility providers
including telecable companies operating within the City. The
easement must also provide the City with the right of access for any
purpose related to the exercise of a governmental service or function,
including but not limited to fire and police protection, inspection and
code enforcement. The easement shall permit the City to remove any
vehicle or obstacle within the private street lot that impairs emergency
access.
(8) Construction and Maintenance Cost - The City shall not pay for any
portion of the cost of constructing or maintaining a private street.
(9) Citv Utilities - Water, sewer, storm drainage facilities and street lights
placed within the private street and alley lot must be installed to city
standards. After completion and acceptance of such facilities, the
water and sewer facilities shall be dedicated to the city. All storm
drainage facilities and street lights in the subdivision shall remain
within the ownership and maintenance resposibilities of the HOA. All
city regulations relating to infrastructure financing, performance
bonds, developer cost participation and capital cost recovery shall
apply to developments with private streets. Any and all city
executable maintenance bonds covering subdivision construction
shall be transferred to the HOA upon approval of the private street
subdivision by the City Council.
(10) Plans & Inspections - Proposed subdivision with private streets must
submit to the City the same plans and engineering information
required to construct public streets, utilities and related
appurtenances. Requirements pertaining to inspection and approval
of improvements prior to the City's acceptance of the subdivision
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shall apply. Fees charged for these services shall also apply. The
City shall have the right to inspect the private streets and related
appurtenances at any time, and require the homeowners association
to provide the repairs needed to insure emergency access. The City
shall be the sole judge of whether such repairs are needed.
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(11 ) Access Restrictions - The entrances to all private streets must be
marked with a sign stating that it is a private street. Guard houses,
access control gates and cross arms may be constructed. All
restricted access entrances must be manned 24 hours every day, or
provide an alternative means of ensuring access to the subdivision
by the City and other utility service providers with appropriate
identification. If the association fails to maintain reliable access as
required to provide city or utility services, the City shall have the right
to enter the subdivision and remove any gate or device which is a
barrier to access at the sole expense of the association. The
association's documents must contain provisions in conformity with
this paragraph which must not be amended without the written
consent of the City.
(12) Restricted Access Entrance Desian Standards - Any private street
which has an access control gate or cross arm must have a minimum
uninterrupted pavement width of 24 feet at the location of the access i
control device. If an overhead barrier is used, it must have a minimum
height above the road surface as required by the Fire Code for fire
lanes. The design of all gates, cross arms and access control
devices, including automatic opening systems and manual backup
systems, must meet City guidelines or policies and must be approved
by the City prior to installation. The gates, cross arms and opening
devices must be tested and accepted by the City prior to being put
into operation. Gate designs may incorporate one or two gate
sections to meet the required minimum width of 24 feet. If the
entrance is to incorporate a median, guard shack, or similar structure
that necessitates a divided gate arrangement, the gate and street
pavement widths may be reduced if approved by the City, but in no
case shall any single gate or street pavement have a clear opening
of less than 18 feet.
(13) Visitor Entrance Desian Standards - At least one entrance per
subdivision with private streets must be equipped for visitor access.
In addition to the above Restricted Access Entrance Design
Standards, said visitor entrance must be equipped with a call or code
box located at least 50 feet from the boundary of the subdivision to
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provide for visitors calling in and automobile queuing. The City
reserves the right to require the developer to provide a detailed study
to determine if the traffic generated by the proposed development will
warrant the call or code box to be set back greater than the 50 foot
minimum requirement in order to ensure sufficient vehicle storage or
queuing space. A turn-around space with a minimum outside radius
of 30 feet must be located between any call or code box and access
control gate or cross arm to allow vehicles denied access to safely
exit onto public streets in a "head out" position. A sign must be
erected next to the edge of such turn around space to prohibit vehicle
parking in such space. Residents entrance used in combination with
a visitor entrance shall comply with the requirements of this
paragraph.
(14) Resident Only Entrance Desian Standards - In addition to the above
Restricted Access Entrance Design Standards, access control gate
or cross arm that requires residents to use a key, card or code to gain
access must set back a minimum of 50 feet from the boundary of the
subdivision to provide for automobile queuing. Resident entrances
equipped with an electronic opener that allows residents to remotely
open the control access gate or cross arm and enter the subdivision
without having to stop are exempted from this requirement. A sign
must be erected next to any resident entrance that does not meet the
50 feet setback requirement of this paragraph and does not provide
a turn-around space with a minimum outside radius of 30 feet to
indicate that it is for resident use only and not for visitors.
(15) Hold Harmless - The subdivision final plat and the homeowners
association's documents must contain language whereby the
homeowners association, as owner of the private streets and
appurtenances, agrees to release, indemnify, defend and hold
harmless the City, its officers, agents, licensees, servants and
employees, from and against any and all claims or suits for property
damage or loss and/or personal injury, including death, to any and all
persons, of whatsoever kind of character, whether real or asserted,
arising out of or in connection with, directly or indirectly: a) the
reasonable use of the private streets, emergency access, utility
easements, entrance gate or structure by the City, its officers, agents,
licensees, servants and employees; b) the condition of the private
streets, private street lights, private entrance gates or structures,
private walls or fences, private pedestrian access, private storm
drainage systems and emergency access; or c) any use of the
subdivision with private streets by the City, its officers, agents,
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licensees, servants and employees for any purpose related to the
exercise of a governmental function or service, whether or not
caused, in whole or in part, by alleged negligence of officers, agents,
servants, employees, contractors, subcontractors, licensees or
invitees of City. The homeowners association shall be responsible
for carrying liability insurance to meet the requirements in this
paragraph. Those portions of the homeowners association's
documents pertaining to the subject matter contained in this
paragraph must not be amended without the written consent of the
City.
(16) Revocation of Private Street Permit - The City Council, after giving a
sixty (60) day notice to the homeowners association, its successors
or assigns and holding a public hearing, may revoke a private street
permit issued to a subdivision with private streets if the Council finds
that the private street permit was obtained by fraud or deception, or
if the homeowners association fails to provide reliable emergency
access. The revocation of a private street permit shall give the City
the right to inspect the private streets and levy an assessment upon
each lot on a pro-rata basis for the expense of needed repairs. Said
assessment shall constitute an assessment lien upon the lot against
which each assessment is made. The City Council shall be the sole
judge of whether repairs are needed. The City shall also have the
right to require, at the association's expense, the removal of guard
houses, access control devices, landscaping or other aesthetic
amenities located within the street lot. The homeowners
association's documents must provide for the City's right to require
said assessment and removal of improvements. Those portions of
the homeowners association's documents pertaining to the subject
matter contained in this paragraph must not be amended without the
written consent of the City.
(17) Petition to Convert to Public Streets - The homeowners association
may petition the City Council to accept private streets as public
streets and right-of-ways upon written notice to all association
members and the approval signatures of 80% of the association's
membership. However, in no event shall the City be obligated to
accept the private streets as public. Should the City Council elect to
grant the petition, the City shall have the right to inspect the private I
streets and estimate the expense of repairing the private streets and I
removing gates, guard houses, access control devices, landscaping
or other amenities located within the private street lot. The City shall
be the sole judge of whether repairs are needed to the private streets
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prior to acceptance. Before approval by the City Council, the
petitioners or their designee must contract with the City for payment I
of 100% of the City's estimated expenses.
(18) City Attornev Review - All homeowners association's documents
must be reviewed and approved by the City Attorney to ensure that
they conform to this and other applicable City policies prior to being
filed of record at the County. The developer shall pay for the cost of
the City Attorney's review.
(19) Subdivision Plat Requirements - The plat dedication certificate and
conditions of approval shown in the attached Exhibits "A" and "B"
must be provided in all final plats for subdivisions with private
streets."
(20) Permit Fee - To defray the cost of processing the application, and
maintaining City owned electronic emergency equipment, a partially
refundable fee of $ 1,000 shall be presented upon application for
approval of a private street subdivision. If the application is denied
by City Council, $ 800 shall be refunded to the applicant."
Sec. 2
Violations of this ordinance shall be subject to the penalties set forth in
Section 1-6 of the Colleyville Code of Ordinances.
Sec. 3
The City Secretary is hereby authorized and directed to cause publication
of the descriptive caption and penalty clause hereof as an alternative
method of publication provided by law.
AND IT IS SO ORDERED.
JThe first reading and public hearing being conducted on the
_ aV\ iUJ.-ry , 1996.
The second reading and public hearing being conducted on the
~ruAry ,1996. REFERRED TO STAFF AT SECOND READING
REVIEW.
ATTEST:
tfi. day of
/ -
&tJ day of
FOR FURTHER
ean Harris, CMC
City Secretary
7LLEYVILLE:
Ed Baker
Mayor
ZAS TO FORM AND LEGALITY:
Ross 1. Foster, City Attorney
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ORDINANCE 0-96-1016
PAGE 9 OF 11
EXHIBIT "A"
PLAT DEDICATION CERTIFICATE
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENT:
THAT , acting by and through the
undersigned, its duly authorized agent, does hereby adopt this plat designating the
hereinabove described real property as
, an addition to the City of Colleyville,
Tarrant County, Texas, and does hereby dedicate to the public's use the
emergency access and utility easements shown thereon subject to the conditions
of approval stated herein.
WITNESS MY HAND at Colleyville, Tarrant County, Texas, this
,199 .
day of
(provide name and title)
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ORDINANCE 0-96-1016
PAGE 10 OF 11
EXHIBIT "B"
CONDITIONS OF APPROVAL:
1. Lot 1, Block A denotes the private access and private drainage easement owned
by the Homeowners Association of . No building
permit will be issued for Lot 1, Block A.
2. The landowners and any subsequent owners of lots shown herein (the "Lot
Owners"), jointly and severally, shall be responsible and liable for the construction,
operation and maintenance of any private common areas or facilities in the addition
created herein (the "Addition"), including but not limited to private streets, private
street lights, private entrance gates or structures, private walls and fences, private
pedestrian access, private storm drainage systems, private lake, private open
space and landscaping, and emergency access.
3. A homeowners association (the "HOA") shall be established by the subdivider or
developer to operate and/or maintain the aforementioned private common areas or
facilities.
4. The City of Colleyville, Texas (the "City") shall not be responsible for maintaining
any of the aforementioned private common areas or facilities. The City will maintain
only the public water and sewer systems in utility easements accepted by the City.
5. The HOA, lot owners, and landowners shall not seek maintenance from the City
except for the aforementioned public water and sewer systems in utility easements
accepted by the City.
6. Any public utility entities, including the City, shall have the right at all times of
ingress and egress to and from and upon the utility easements shown herein for the
purpose of construction, reconstruction, inspection, patrolling, maintaining, and
adding to or removing all or part of its respective systems. Except for private street
lights, private storm drainage systems, private streets and related entrance gates
or structures that are approved by the City, no buildings, fences, structures, trees,
shrubs, or other improvements or growths shall be constructed or placed upon, or
across said public utility easements. Any public utility entity, including the City,
shall have the right to remove and keep removed all or parts of any buildings,
fences, structures, trees, shrubs, or other improvements or growths which may in
any way endanger or interfere with its respective systems within said utility
easements.
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7. The City shall have the right at all times to remove and keep removed any vehicle
or obstacle that impairs emergency access in the emergency access easements
shown herein.
8. Any governmental entities, including the City, shall have the right at all times of
ingress and egress to and from and upon the private access easements shown
herein for any purpose related to the exercise of a governmental service or function.
9. If the HOA or lot owners fail to maintain reliable access to any public utility or
governmental entities for purposes stated hereinabove, the City may enter the
Addition and remove any entrance gate or structure which is a barrier to access at
the sole expense of the HOA or lot owners on a pro-rata share formula.
10. The construction, reconstruction or repair of any private streets within the Addition
must meet the approval of the City Engineer and comply with the specifications of
the City for public streets at the time of construction, reconstruction or repair. The
construction, reconstruction or repair of any entrance gate and structure for the
Addition must meet the approval of the Engineering Department and Fire
Department of the City.
11. The installation or replacement of all traffic regulatory signs along the private
streets must conform to the Texas Manual of Uniform Traffic Control Devices.
12. THE HOAAND LOT OWNERS AGREE TO RELEASE, INDEMNIFY, DEFEND AND
HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS
AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OF CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH,
DIRECTLY OR INDIRECTLY: A) THE REASONABLE USE OF THE PRIVATE
STREETS, EMERGENCY ACCESS, UTILITY EASEMENTS, ENTRANCE GATE OR
STRUCTURE BY THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS
AND EMPLOYEES; B) THE CONDITION OF THE PRIVATE STREETS, PRIVATE
STREET LIGHTS, PRIVATE ENTRANCE GATES OR STRUCTURES, PRIVATE
WALLS AND FENCES, PRIVATE PEDESTRIAN ACCESS, PRIVATE STORM
DRAINAGE SYSTEMS AND EMERGENCY ACCESS; OR C) ANY USE OF THE
ADDITION BYTHE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND
EMPLOYEES FOR ANY PURPOSE STATED HEREINABOVE, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OR OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES OR INVITEES OF CITY. THE HOA SHALL BE RESPONSIBLE FOR
CARRYING LIABILITY INSURANCE TO MEET THE REQUIREMENTS IN THIS
PARAGRAPH.
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