HomeMy WebLinkAboutOrdinances (O-07-1613)-03/20/2007
ORDINANCE 0-07-1613
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTERS
9 AND 14 OF THE LAND DEVELOPMENT REGARDING EMERGENCY ACCESS
IGA TES; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214
on April 18, 2000, adopting the Land Development Code; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the
health, safety, morals, or general welfare of the City to add certain
portions to the Land Development Code regarding emergency access
gates; and
HEREAS, notice of a public hearing before the City Council was published in a
newspaper of general circulation in Colleyville at least 15 days before
such hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT all the foregoing premises and findings are found to be true and
correct and are incorporated into the body of this ordinance as if copied in
their entirety.
Sec.2.
THAT Chapter 14 - Engineering Design Standards, of the Land
Development Code, is hereby amended to add Section 14-138 regarding
emergency access gates to read as follows:
Section 14-138 Emergency Access Gates
A. Scope and Applicability - The regulations in this section shall be
applicable to all gates or barriers that are permanently installed across
an emergency access easement to a development for purposes of
controlling, limiting, or prohibiting vehicular public access to a
development.
B. Definitions - For purpose of this regulation, an emergency access gate
shall mean a gate mechanism which is used to allow access for
emergency service vehicles or to allow public access during an
emergency situation where the primary access to a development is not
accessible or is determined un-accessible by the Fire Department.
C. Permit - Approval of a permit issued by the fire department shall be
, I
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obtained prior to the installation of an emergency access gate. Fire
department staff shall coordinate the approval review process with
other departments, as appropriate.
1. Application: Application for an emergency access gate shall be
submitted on forms furnished by the fire department, and include, at
a minimum, the name and contact information of the gate
contractor, and the name and contact information of the party
responsible for the gate maintenance. The application shall be
accompanied by drawings of the proposed gate improvements as
outlined in this section.
2. Construction Plan Requirements:
a. For New Developments: Drawings showing the location and
design of the proposed emergency access gates shall be
included with the construction plans for the development. In the
absence of any construction plans for the development, separate
drawings showing the location and design of the proposed
emergency access gates shall be submitted with the application.
b. For Existing Developments: Drawings showing the location and
design of the proposed emergency access gates shall be
submitted with the application.
c. Sufficiency of Drawings: Plans and drawings shall be clear and
contain sufficient information and detail to determine
conformance with these regulations.
d. Design: The design of all gates, supporting members and
access control devices, including automatic opening systems
and manual backup systems, shall meet City guidelines or
policies, be compatible with City transmitting equipment, and be
approved by the City prior to installation. All gates shall be
designed and constructed with materials that are comparable to
the subdivision perimeter fencing of the applicable development,
but shall not be a lesser design standard than shown on Exhibit
"A". Lift arm gates or gates of similar design as shown in
Exhibit "B" shall be prohibited on new gate installations.
e. Encroachment Agreement: An emergency access gate proposed
for installation within a public right-of-way shall require the
approval of the City Council of a Right-of-Way Encroachment
Agreement.
3. Inspection: Upon completion of the installation of the emergency
access gates, the Fire Department shall inspect the gates for
conformance to these regulations and any other applicable codes
and ordinances. All emergency access gates, cross arms and
opening devices shall be tested and approved by the City prior to
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being put into operation.
D. Reauirements - All new emergency access gates shall comply with the
following minimum requirements:
1. When in the open position, an emergency access gate shall provide
an unobstructed opening of twenty-four (24) feet wide and fourteen
(14) feet high.
2. Swinging gates for single direction traffic shall swing in the direction
of vehicle travel.
3. Swinging gates for bi-directional traffic shall swing into the property
being entered.
4. Emergency access gates shall be installed within the limits of the
emergency access easement, unless an alternate location is
determined acceptable by the fire department. If located within a
public right-of-way, approval by the City Council of a Right-of-Way
Encroachment Agreement is required.
5. Gates shall not be installed within a required turning radius of a fire
access roadway.
6. An emergency access gate shall be electrically operated for entry
and exit by an approved emitter system (Opticom@) that is
compatible with fire department traffic signal pre-emption
equipment. The receiver equipment shall have Knox@ Key over-
ride and a power failure mechanism.
7. No parking shall be permitted within the emergency access
easement or near the emergency gates.
E. Pedestrian Access - A development containing an emergency access
gate shall provide for a separate pedestrian access gate within 10 feet
of the vehicle gate.
F. Maintenance - Emergency access gates shall be maintained in good
working order by the property owners of the development receiving
benefit from the gates. Gate maintenance shall include lubrication of
moving parts and hinges, batteries required for operation of the system
during power failure, and any electrical and mechanical equipment
required for the proper operation of the automatic gate opening system.
The City of Colleyville reserves the right to inspect an emergency
access gate at any time and require the party responsible for the
Sec. 3.
Sec. 4.
eC.5.
eC.6.
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Page 4 of 5
maintenance of the gates to provide the repairs necessary to ensure
emergency access. The City of Colleyville assumes no responsibility
for the construction or maintenance of an emergency access gate.
G. Failure to Maintain - If the property owners of a development or the
homeowners association fail to maintain reliable access, the City shall
have the right to enter the development and remove any gate or device
which is a barrier to emergency access at the sole expense of the
property owners. The gate permit may be revoked and the gate locked
in the open position for any cause determined by the fire department to
be in the best interest of public safety.
THAT Section 9.17.F of Chapter 9 - Subdivision Design & Public Facilities,
of the Land Development Code, is hereby amended in its entirety to read
as follows:
9.17. F Emeraencv Access Easements - Emergency access easements
shall have a clear unobstructed width to accommodate a pavement section
of not less than twenty-four (24) feet in width. The emergency access
easement shall connect at each end to a dedicated public street or shall
have a suitable size turnaround at the dead-end, and appropriate turning
space at inside corners to permit free movement of emergency vehicles.
An emergency access easement may be used as a driveway to gain
access to parking or loading spaces, but shall not be used for parking. All
emergency access gates shall provide for an opening of not less than
twenty-four (24) feet wide by fourteen (14) feet in height and include a
locking and opening mechanism acceptable to the Fire Department.
THAT all ordinances or any parts thereof in conflict with the terms of this
ordinance shall be and hereby are deemed repealed and of no force or
effect; provided, however, that the ordinance or ordinances under which
the cases currently filed and pending in the Municipal Court of the City of
Colleyville, Texas, shall be deemed repealed only when all such cases
filed and pending under such ordinance or ordinances have been disposed
of by a final conviction or a finding of not guilty or nolo contendere, or
dismissal.
THAT any person, firm or corporation violating any of the provisions or
terms of this ordinance shall upon conviction be punishable by a fine not to
exceed the sum of Two Thousand Dollars ($2,000.00) for each offense.
THAT if any section, paragraph, subdivision, clause, phrase or provision of
this ordinance shall be judged invalid or unconstitutional, the same shall
not affect the validity of this ordinance as a whole or any portion thereof
other than that portion so decided to be invalid or unconstitutional.
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Sec. 7.
THAT in addition to and accumulative of all other penalties, the City shall
have the right to seek injunctive relief for any and all violations of this
ordinance.
Sec. 8.
THAT the effective date of this ordinance shall be immediate upon its
passage.
AND IT IS SO ORDERED.
The first readin~ and public hearing being conducted on the
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The second reading and public hearing being conducted on the
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day of
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day of
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Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
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Mayor
APPROVED AS TO FORM AND LEGALITY:
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Matthew C. G. Boyle
City Attorney
11
Exhibit "A"
r- Decorative Iron Gates
]Min. 4211
Max. 81.011
Acceptable Gate Design
Exhibit "B"
Unacceptable Gate Design
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