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:
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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
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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:
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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.
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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.
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