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0483-E ORDINANCE NO. 483-E AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE NO. 483, THE SUBDIVISION ORDINANCE; PROVIDING REGULATIONS FOR THE ESTABLISHMENT OF PRIVATE STREETS; PROVIDING STANDARDS FOR PRIVATE STREETS; PROVIDING A PENALTY; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City has adopted Ordinance No. 483, as the Subdivision Ordinance for the City; and WHEREAS, the City Council has determined that while it is not desirable to encourage the proliferation of private streets within the City, it is appropriate and in the best interest of the City to amend Ordinance No. 483, to authorize the establishment of private streets within the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: SECTION 1. Subsection 5.01(F) of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is amended to read as follows: "F. Private Streets: The owners of property in an existing subdivision may petition the City to convert the public streets in the subdivision to private streets in accordance with Section 5.04. Subdivisions containing private streets must comply with the private street standards in Section 5.05. 11 SECTION 2. Article V of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is amended by adding a new Section 5.04 to read as follows: "Section 5.04 Conversion to Private Streets in Residential Subdivisions: Private streets are not permitted in new subdivisions in which less than 75 % of the lots contain homeowner occupied structures. An existing subdivision zoned for residential use may be converted to a subdivision with private streets in place of public streets in compliance with this section. For purposes of this section, "existing subdivision" means a platted subdivision in which 75% or more of the lots contain homeowner occupied structures. A. Petition to Convert to Private Streets. Property owners in an existing subdivision may petition the City to become a subdivision with private streets. The petition will be accepted for consideration if it contains the signatures of the owners of 100% of the lots in the subdivision. 1. The conversion to private streets requires a public hearing and recommendation by the Planning and Zoning Commission and public hearing and approval by the City Council. 2. Upon the approval by the City Council, petitioners shall contract with the City for purchase of the installed streets from the City at a value to be determined by the City Council for cash in full payment, and to maintain the infrastructure at City standards thereafter. For the purposes of this section and Section 5.05 "streets" includes alleys. B. Considerations for Decision. The City Council has discretion in its consideration of private streets and is not required to approve a petition to become a subdivision with private streets. In deciding whether to approve or deny a petition, the Council may, after receiving a recommendation from the Commission, review the petition to determine whether private streets would: 1. negatively affect traffic circulation on public streets; 2. impair access to or from properties of future developments either on-site or off-site to the subdivision; 3. impair access to or from public facilities including schools or parks; 4. delay the response time of emergency vehicles; 5. replace streets shown on the adopted Thoroughfare Plan; 6. impede or cross an existing or proposed street as shown on the City's Thoroughfare Plan or any approved Preliminary of Final Plats; 7. disrupt an existing or proposed City public pedestrian pathway, hike and bike trail, equestrian trail, or park as shown on the City's most recent Park, Recreation and Open Space Master Plan or Trail System Master Plan; or 8. negatively impact the continuity or sense of community in the City as a whole. C. Requirements. 1. Homeowner's Association. A request for approval of the conversion of streets in a subdivision to private streets, shall be accompanied by a petition signed by all property owners in the subdivision and shall include all documents legally necessary to: slaWordinanc\483-E.3 -2- a. create enforceable restrictive covenants that run with the land providing for assessments by a homeowner's association for the maintenance of the streets; b. require membership in the homeowner's association for the owners of all properties served by private streets; C. provide for the maintenance of the private streets and appurtenances after transfer of ownership from the City to the homeowner's association; d. demonstrate that the homeowner's association is financially able to purchase the streets from the City; e. assure that the homeowner's association shall not be dissolved without the written consent of the City. 2. Indemnity. The homeowner's association shall indemnify the City as provided in Paragraph C(4)(d)(iv) of this section. 3. Homeowner's Association Documents. a. For purposes of this ordinance, "homeowner's association documents" means the association articles of incorporation and bylaws and all other association documents affecting the activity and rights of property owners in the subdivision. b. The homeowner's association articles of incorporation, bylaws, and declaration of restrictive covenants must be filed of record with the county or counties in which the subdivision is located before the City will convey the streets to the homeowner's association. C. The declaration of restrictive covenants shall require the owners of all lots in the subdivision to be members of the homeowner's association and shall require the payment of dues and assessments imposed by the association. d. The homeowner's association documents shall include: i. that the streets within the subdivision are private, owned and maintained by the homeowner's association, and that the City has no obligation to maintain the private streets; ii. which City services will not be provided on the private streets; iii. provisions describing the requirements of Paragraph D of this section and Paragraphs D and E of Section 5.05; and iv. a provision that the homeowner's association, as owner of the private streets and appurtenances, agrees to release, indemnify, defend and hold harmless the City, any governmental entity and slak6ordinanc\483-E.3 -3- public utility for damages to the private street occasioned by the reasonable use of the private street by the City, governmental entity or public utility; for damages and injury (including death) arising from the condition of said private street; for damages and injury (including death) arising out of the use by the City, governmental entity or public utility of any restricted access gate or entrance; and for damages and injury (including death) arising out of any use of the subdivision by the City, government entity or public utility. Further, such language shall provide that all lot owners shall release the City, governmental entities and public utilities for such damages and injuries. The indemnifications contained in this paragraph apply regardless of whether or not such damages and injury (including death) are caused by the negligent act or omission of the City, governmental entity or public utility, or their representative officers, employees or agents. Those portions of the homeowner's association's document pertaining to the subject matter contained in this paragraph shall not be amended without the prior written consent of the City. e. The portion of the homeowner's association documents pertaining to maintenance of the private streets, assessments, and the petition for conversion to public streets shall conform to the requirements of this section and shall not be amended without the written consent of the City. f. All homeowner's association documents shall be reviewed and approved by the City Attorney to ensure that they are legally sufficient to accomplish their intended purpose and that they conform to the requirements of this section and other applicable City ordinances prior to being filed of record at the county or counties. D. Petition to Convert to Public Streets. The homeowner's association documents shall allow the association to request the City to accept private streets and the associated property as public streets upon written notice to all association members and the favorable vote of the membership. However, the City shall not be obligated to accept the streets as public. Should the City elect to accept the streets as public, the City shall have 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, which assessment shall constitute an assessment lien upon the lot against which each assessment is made. The City 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 streets." SECTION 3. Article V of Ordinance No. 483 of the City of Southlake, the Subdivision Ordinance, as amended, is amended by adding a new Section 5.05 to read as follows: slake\ordinanc\483-E.3 -4- Section 5.05 Private Street Standards in Residential Subdivisions: E. Maintenance Cost. A homeowner's association is responsible for the cost of maintenance of private streets. The City shall have no responsibility for and shall not pay for any portion of the cost of maintaining a private street. F. City Services. The City has no obligation to maintain private streets. Depending on the characteristics of the proposed private street subdivision, the City may not provide certain other services. Among the services which may not be provided are routine police patrols, enforcement of traffic and parking ordinances, and preparation of accident reports. G. Maintenance Standards. Maintenance, amenities, and landscaping of private streets shall conform to the same standards regulating the maintenance, amenities, and landscaping of public streets. H. Retention of Easements. A utility, drainage, and emergency access easement shall be retained in private streets by the City and other utility companies: 1. providing unrestricted use of the property for utilities and their maintenance; 2. extending easement rights to all utility providers including telecable companies operating within the City; 3. providing 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; and 4. permitting the City to remove any vehicle or obstacle within the private street lot that impairs emergency access. 1. City Assumption of Maintenance. The City shall be the sole judge of whether repairs to a private street are needed. If a homeowner's association, its successors or assigns, fail or refuse to adequately maintain private streets and related appurtenances, the City shall have the right, but not the obligation, to assume temporarily the duty of performing the association's maintenance obligations at any time after the expiration of sixty (60) days after receipt by the association, its successors or assigns of written notice from the city specifying the nature and extent of the failure to maintain. 1. Upon assuming such maintenance obligations, the City shall have the right to collect, when they become due, the assessments levied by the homeowner's association for the purposes of repairing and maintaining the private streets and related appurtenances, and if necessary, the City shall have the right to enforce the payment of delinquent assessments in the manner set forth in the association's documents. 2. The City shall also have the right to levy an assessment upon each lot on a pro rata basis for the cost of such maintenance, which assessment shall constitute an assessment lien upon the lot against which each assessment is made. sl ake\ordinanc\4 83 -E. 3 -5- 3. Under no circumstances, shall the City be liable to the association or any lot owner or their respective heirs, successors or assigns for negligent acts or omissions relating in any manner to maintaining, improving and preserving the private streets and related appurtenances. J. Access Restrictions. The entrances to all private streets shall be marked with a sign stating that it is a private street. Either a guard house or an access control device such as a gate or cross arm shall be constructed at each entrance. All restricted access entrances shall be manned 24 hours every day, or an alternative means shall be provided 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 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. K. Restricted Access Entrance Design Standards. Private streets which have access controlled by a gate, cross arm, or other access control device shall conform to the following requirements: 1. The street must have a minimum uninterrupted pavement width of 24 feet at the location of the access control device. 2. If an overhead barrier is used, it shall have a minimum height above the road surface as required by the Fire Code for fire lanes. 3. The design of all gates, cross arms and access control devices, including automatic opening systems and manual backup systems, shall be approved by the Fire Department before installation. 4. The gates, cross arms, and access control devices shall be tested and accepted by the Fire Department before being put into operation. 5. Gate designs may incorporate one or two gate sections to meet the required minimum width of 24 feet. 6. If the entrance incorporates 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 Fire Department. This approval shall be contingent upon the subdivision with private streets having a second approved means of access, but in no case shall any single gate or street pavement have a clear opening of less than 15 feet. L. Visitor Entrance Design Standards. At least one entrance to a subdivision with private streets shall be equipped for visitor access. In addition to the above Restricted Access Entrance Design Standards, the visitor entrance shall 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 an automobile queuing. A turn-around space with a minimum outside radius of 30 feet shall be located between any call or code box and the access control device to allow vehicles denied access to safely exit onto public streets in a "head out" position. A sign shall be erected next to the edge of such turn around space to prohibit vehicle parking in slaWordinanc\483-E.3 -6- such space. A residents entrance used in combination with a visitor entrance shall comply with the requirements of this paragraph. M. Resident Only Entrance Design Standards. In addition to the above Restricted Access Entrance Design Standards, an access control device that requires residents to use a key, card, or code to gain access shall setback internally a minimum of 50 feet from the boundary of the subdivision to provide for automobile queuing; except, that resident entrances equipped with an electronic opener that allows residents to remotely open the access control device and enter the subdivision without having to stop are exempted from this requirement. A sign shall be erected next to any resident entrance that does not meet the 50 foot 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. N. Cost of Design Standards. The homeowner's association shall pay the cost of complying with required design standards." SECTION 4. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5. It is the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. The City Secretary of the City of Southlake is directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation slaWordinanc\483-E.3 -7- of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 7. The City Secretary of the City of Southlake is authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 8. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. sl ake\ord i nanc\483 -E. 3 -8- PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1995. s~.`~J 9~; • MAYOR co O ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1995. a•• LAK~'„r •~r=y~J ~'~yN, MAYOR 4. ATTEST: ,J '~n►►►►►,,,,*""''ITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE:&40A. lm,A~ ~ slake\ordinanc\483-E.3 -9-