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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 Ordinance 0-07-1613 Page 2 of 5 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 Ordinance 0-07-1613 Page 3 of 5 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. Ordinance 0-07-1613 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. 1 ! Ordinance 0-07-1613 Page 5 of 5 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 ~A~.){J 2007. The second reading and public hearing being conducted on the ~ wu'--A 2007. ~~ day of 070)c6' day of A7(7~~~ Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE ~~ Mayor APPROVED AS TO FORM AND LEGALITY: ~ \)).~ 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 rr