HomeMy WebLinkAboutOrdinances (O-98-1105)-10/20/1998
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ORDINANCE 0-98-1105
AN ORDINANCE OF THE CITY OF COLLEYVILLE AMENDING THE SUBDIVISION I
ORDINANCE, CHAPTER 9 OF THE COLLEYVILLE CODE OF ORDINANCES, BY
ADDING A SECTION 15, REGULATING DEVELOPMENTS WITH PRIVATE STREETS
AND ENTRANCE GATES, AND AUTHORIZING PUBLICATION:
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
vvelfare 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 15 to read as follows:
"Section 15: REGULATION OF PRIVATE STREETS AND ENTRANCE GATES
A. COUNCIL AUTHORITY AND PROCEDURE:
(1) Authoritv - 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 I
subdivision which includes private streets and entrance gates,
provided that the subdivision complies with the minimum I
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, entrance gates
and structures.
(2)
Public Hearinas Required - A request for a subdivision with private 'I
streets must be revievved by the Planning and Zoning Commission
and City Council with each body holding a public hearing. Written i
notices of all such public hearings shall be sent to all owners of real
property lying within 200 feet of the proposed subdivision with private
streets. Such notices to be given not less than ten (10) days before
the day set for hearing, as listed on the last approved City tax roll.
Such notice may be served by depositing letters properly addressed
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and postage paid in the City Post Office. The applicant will be sent
notice by registered mail. The Planning and Zoning Commission will
act in an advisory capacity to the City Council in this matter. A
subdivision with private streets and alleys is permitted only after a '
final decision has been made by the City Council to issue a private
street permit.
B. CONDITIONS OF APPROVAL
(1) Plannina Considerations
(a) Streets shown on the adopted Thoroughfare Plan of the City
of Colleyville must not be used, maintained or constructed as
private streets.
(b) A subdivision with private streets and alleys must not impede
or cross an existing or proposed street as shown on the City's
most recent Thoroughfare Plan or approved preliminary or
final plats. I
(c) 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.
(d) The perimeter of a subdivision with private streets and alleys
must include a minimum of 80 feet of contiguous frontage
upon a public street.
(e) The proposed subdivision with private streets must be zoned I
for residential purposes in accordance with the Colleyville I
Zoning Ordinance, and contain twenty (20) single-family lots
or greater.
(2) Public Access Considerations - In addition to the above conditions of
approval, the Planning and Zoning Commission may recommend
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.
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(3) Private Street and Drainaoe 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 I
details, street naming and addressing policy. The drainage system
must meet all the requirements of public facilities, including sizing to I
carry upstream loads, metered discharges, etc. i
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(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 HOA 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 and drainage systems within the development are private,
owned and maintained by the association, and that the City has no
obligation to maintain the private streets and drainage systems. 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 HOA 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 HOA shall, no later than January 31st of each
year, submit to the City a copy of the reserve fund statement for the
preceding calendar year. The annual contribution to the reserve fund
shall be a minimum of $75.00 per lot, or as otherwise determined by
the City Council. 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 City
requires that the HOA employ an Engineering firm to estimate the
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cost of replacement based on inflation, original design and
construction and the age of the facilities. The HOA shall repair all
drainage and street facilities when instructed to do so by the City,
subject to appeal to the City Council. Failure by the HOA to make
repairs to streets or 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 of all costs plus
interest accrued from the time the City installs the improvements until
all funds are collected. 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 HOA. 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.
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(8) Construction and Maintenance Cost - The City shall not pay for any i
portion of the cost of constructing or maintaining a private street.
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(9) Citv Utilities - Water, sewer, storm drainage facilities placed within the I
private street and alley lot shall 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 in
the subdivision shall remain within the ownership and maintenance
responsibilities of the HOA. All city regulations relating to
infrastructure financing, performance bonds, developer cost
participation and capital cost recovery shall apply to developments I
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
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appurtenances. Requirements pertaining to inspection and approval
of improvements prior to the City's acceptance of the subdivision 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 HOA to provide the
repairs needed to ensure emergency access. The City Council shall
be the final judge of whether such repairs are needed. I
(11) Access Restrictions - Guard houses, access control gates and cross I
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 HOA 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 HOA,
subject to approval by the City Council. The HOA'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 Desion 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
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 I
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.
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All restricted access entrances shall be equipped with the Opticom i
gate opening system. The system shall be maintained by the HOA in
good working condition at all times.
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(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
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 I
queuing space. A turn-around space with a minimum outside radius I
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 I
parking in such space. Residents entrance used in combination with
a visitor entrance shall comply with the requirements of this
paragraph.
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(14) Resident Onlv Entrance Desian Standards -In addition to the above
Restricted Access Entrance Design Standards, an access control
gate or cross arm that requires residents to use a key, card or code
to gain access must be 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 HOA's documents
must contain language whereby the HOA, 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,
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(16)
(17)
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,
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 HOA shall be responsible for carrying liability
insurance to meet the requirements in this paragraph. Those portions
of the HOA's documents pertaining to the subject matter contained in
this paragraph must not be amended without the written consent of
the City.
Revocation of Private Street Permit - The City Council, after giving a
sixty (60) day notice to the HOA, its successors or assignees and
after 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
HOA 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 final judge of
whether repairs are needed. The City shall also have the right to
require, at the HOA's expense, the removal of guard houses, access
control devices, landscaping or other aesthetic amenities located
within the street lot. If the permit is revoked, the HOA will forfeit to
the City the remaining balance of the reserve fund established for the
maintenance and improvement of all streets and utilities within the
subdivision (see #8.6 above.). If the reserve fund is insufficient, the
lot owners will be assessed the difference for appropriate
maintenance. The HOA's documents must provide for the City's right
to require said assessment and removal of improvements. Those
portions of the HOA's documents pertaining to the subject matter
contained in this paragraph must not be amended without the written
consent of the City.
Petition to Convert to Public Streets - The HOA may petition the City
Council to accept private streets as public streets and right-of-ways
upon written notice to all HOA members and upon receipt of the
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Sec. 2
notarized signatures of 100% of the HOA's membership indicating
approval. HOVv'ever, 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 streets
and estimate the expense of repairing the private streets and
removing gates, guard houses, access control devices, landscaping
or other amenities located within the private street lot. The City shall
be the final judge of v.A1ether repairs are needed to the private streets
prior to acceptance. Before approval by the City Council, the
petitioners or their designee must contract with the City for payment
of 100% of the City's estimated expenses.
(18)
Petition to Convert to Private Streets - The homeo'Mlers may petition
the City Council to convert public streets to private streets upon
written notice to all the neighborhood's members and upon receipt of
the notarized signatures of 100% of the neighborhood's homeowners I
indicating approval. A subdivision petitioning to have private streets I
must have a mandatory HOA v.A1ich includes all properties proposed
to be served by the private streets. However, in no event shall the
City be obligated to convert public streets to private streets. Should
the City Council elect to grant the petition, the City shall receive
documentation of an acceptable plan v.A1ereby a reserve fund of the
appropriate amount is set up for implementation by the HOA.
(19)
Citv Attomev Review - All HOA's documents must be reviewed and
approved by the City Attomey to ensure that they conform to this and
other applicable City policies prior to being filed of record at the
County. The developer of a new subdivision shall pay for the cost of
the City Attorney's review.
(20)
Subdivision Plat Reauirements - 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. "
(21) Permit Fee - To defray the cost of processing the application, and
maintaining City owned electronic emergency equipment, a partially
refundable fee of $700 shall be presented upon application for
approval of a private street subdivision. If the application is denied I
by City Council, $500 shall be refunded to the applicant." I
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Violations of this ordinance shall be subject to the penalties set forth in I
Section 1-6 of the Colleyville Code of Ordinances.
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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.
The first reading and public hearing being conducted on the
AUju5f , 1998.
The second reading and public hearing being conducted on the
~,1998. Tabled at second reading. Approved
Council on October 20 1998_
ATTEST: ;J.' CITY OF C6LLEYVILLE:
J n Harris, CMC ~ ~~on
ty Secretary Mayor
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day of
1 $)
day of
by City
TO FORM AND LEGALITY:
Ross T. oster
City Attorney
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I. ORDINANCE 0-98-1105
I PAGE 10 OF 12
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 0-98-1105
PAGE 11 OF 12
EXHIBIT "B-
CONDITIONS OF APPROVAL:
1. Lot 1, Block A denotes the private access and private drainage easement owned
by the Homeowners Association (HOA) 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
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 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 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.
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.
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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 I
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 HOA AND 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 I
PRIVATE STREETS, PRIVATE ENTRANCE GATES OR STRUCTURES, PRIVATE I
WALLS AND FENCES, PRIVATE PEDESTRIAN ACCESS, PRIVATE STORM I
DRAINAGE SYSTEMS AND EMERGENCY ACCESS; OR C) ANY USE OF THE
ADDITION BY THE 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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