Private streets and alleys in lieu of public streets and alleys may be used providing that the development complies with the requirements of this Article. The term private street shall include alleys.
(Ordinance CO36-18-08-09-E2 adopted 8/9/18)
(a)
Private streets shall be designed in accordance with the design standards of this Chapter, and all other applicable standards as prescribed by the City.
(b)
All alleys, sidewalks, drainage facilities, storm sewer lines, water and wastewater lines, street lighting, signage, markings and related improvements shall be designed, placed and constructed in accordance with the City’s general design standards, as amended.
(c)
Alternative street/drive designs may be considered in the mixed use (MU), planning area (PA) and planned development (PD) zoning districts upon approval by the Director of Engineering.
(Ordinance CO36-18-08-09-E2 adopted 8/9/18)
(a)
Streets designated on the mobility master plan as a major arterial or minor arterial shall not be used, maintained or constructed as private streets.
(b)
The Planning and Zoning Commission may deny the creation of a private street if it makes a finding of fact, based upon the evidence provided, that it would:
(Ordinance CO16-14-01-09-C1 adopted 1/9/14; Ordinance CO34.23.09.28.E1 adopted 9/28/2023)
(a)
Subdivisions developed with private streets shall establish a mandatory property owners association and shall record applicable deed restrictions and association documents concurrent with the recordation of the final plat. The association shall own and be responsible for the maintenance of the private streets and related improvements including but not limited to alleys, sidewalks, drainage facilities, storm sewer lines, water and wastewater lines, street lighting, signage and markings. Lot deeds shall convey membership in the association and provide for the payment of dues and assessments required by the association in order to provide for the continuous maintenance of the facilities. The association may not be dissolved, and no portion of the association documents pertaining to this section may be amended without the written consent of the city.
(b)
The property manager shall be required to maintain and file a fidelity bond. The name of the association’s president shall be submitted to the Engineering Department and updated as needed.
(c)
The following notice shall appear in bold print on each deed to property in the subdivision, on the plat of the subdivision and on each contract on the sale of land within the subdivision:
Notice: The lots within this subdivision are governed by a property owners association requiring the payments of fees and/or assessments for the maintenance of private streets. Failure to pay fees or assessments could result in attachment of a lien on your property by the association or by the city.
(d)
The association documents shall establish a reserve fund for the maintenance of private streets and other improvements, and contain provisions for reliable access to provide city services and to other utility service providers with appropriate identification. A reserve fund balance report shall be submitted to the Engineering Department annually to ensure that adequate fund reserves are being maintained for future repairs and/or replacement costs of the private streets and related improvements.
(e)
A professional engineer for the developer shall provide a projected maintenance schedule and an estimate of the annual costs required to repair and maintain the private streets. The information shall be the basis for the annual reserve fund balance report.
(f)
In the event the association fails to maintain the streets in accordance with city standards, the city may repair and maintain the streets and charge the cost to the association. If the association fails to pay for the maintenance cost, after notice to the property owners, the costs shall be filed as a lien on all property within the subdivision.
(g)
There shall be included on the final plat a statement confirming compliance of all association documents with applicable city ordinances, and all association documents shall be filed concurrent with the recordation of the final plat.
(Ordinance CO11-20-01-09-H1 adopted 1/9/20)
(a)
Private streets shall be constructed within a designated separate lot or lots owned by the property owners association. Every lot shall have frontage on, and access to, said lot or lots in lieu of a public street.
(b)
An easement encompassing the lot shall be granted to the city providing unrestricted use of the property for utilities and their maintenance. The right shall extend to all utility providers, including telecommunication companies operating within the city. The easement shall 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, animal control and code enforcement. The easement shall permit the city to remove any vehicle or obstacle within the lot that impairs emergency access.
(Ordinance CO16-14-01-09-C1 adopted 1/9/14)
The city shall not be responsible for any portion of the cost of constructing or maintaining a private street, including but not limited to street lighting, traffic signs, sidewalks and sidewalk ramps, and pavement markings.
(Ordinance CO16-14-01-09-C1 adopted 1/9/14)
Water, wastewater, drainage facilities, and water meters shall be placed within the “street lot” and shall be dedicated to the city upon final acceptance of the subdivision by the city.
(Ordinance CO16-14-01-09-C1 adopted 1/9/14)
(a)
Developments proposed with private streets shall comply with article 12.13, construction standards, of the comprehensive subdivision ordinance. In lieu of the two-year maintenance bond provided to the city from the contractor in the amount of one hundred ten percent (110%) of the contract price for the street, such period measured from the date of the issuance of a letter of acceptance by the Engineering Department, the bond shall be issued to the property owners association.
(b)
The city may periodically inspect private streets and require repairs necessary to ensure emergency access.
(Ordinance CO16-14-01-09-C1 adopted 1/9/14)
All private traffic signs and markings shall conform to the Texas Manual on Uniform Traffic-Control Devices. The entrances to all private streets shall be marked with a sign stating that it is a private street.
(Ordinance CO16-14-01-09-C1 adopted 1/9/14)
(a)
Guard houses, access-control gates and crossarms shall be constructed within the “street lot.” All restricted access entrances must be provide[d] a means of ensuring access to the subdivision by the city and other utility service providers.
(b)
If the association fails to maintain reliable access as required to provide city services, the city may enter the subdivision and remove any gate or device, which is a barrier to access at the sole expense of the association, as provided for in the association documents.
(Ordinance CO16-14-01-09-C1 adopted 1/9/14)
(a)
Any private street with an access-control gate shall have a minimum uninterrupted pavement width of twenty-four (24) feet at the location of the access-control device. All restricted access gates shall be approved by the fire department and meet access requirements for emergency vehicles and shall not obstruct pedestrian pathways[.]
(b)
Overhead barriers shall not be allowed.
(c)
Internal storage for three (3) vehicles shall be provided between the public right-of-way line and the point of the access-control device.
(d)
A turnaround area with a radius of forty (40) feet between the point of the access-control device and the access gate shall be provided to allow a vehicle which is denied access to safely turnaround and exit onto a public street.
(e)
On lots adjacent to access gates, screening walls may exceed thirty (30) inches in height, up to a maximum of six (6) feet within the front yard setback of the adjacent lot. Such wall shall be constructed of wrought iron with brick columns. Solid fencing panels shall not be allowed.
(Ordinance CO16-14-01-09-C1 adopted 1/9/14)
The subdivision final plat, property deeds and property owner association documents shall note that certain city services shall not be provided on private streets. Among the services, which will not be provided, are: regular street maintenance, with the exception of street sweeping at a frequency consistent with other subdivisions, routine police patrols, enforcement of traffic and parking ordinances and preparation of accident reports. Depending on the characteristics of the proposed development other services may not be provided.
(Ordinance CO16-14-01-09-C1 adopted 1/9/14)
(a)
The property owners association documents shall allow the association to request the city to accept private streets and alleys and the associated property as public streets and right-of-way upon written notice to all association members and upon the favorable vote of fifty-one percent (51%) of the membership.
(b)
Nothing herein shall be construed to require the city’s acceptance of private streets as public, and in no event shall the city accept private streets as public unless said streets have been constructed and maintained to city standards. Should the city elect to accept private streets as public, the city may inspect the private streets and assess the lot owners for the expense of needed repairs concurrent with the city’s acceptance of the streets and alleys.
(c)
The city shall be the sole judge of whether repairs are needed. The city may also require, at the association’s expense, the removal of guardhouses, access-control devices, landscaping or other aesthetic amenities located within the street lot, and/or replacement of any noncompliant improvements. The association documents shall provide for the city’s right to such assessment. Those portions of the association documents pertaining to the subject matter contained in this section shall not be amended without the written consent of the city.
(Ordinance CO16-14-01-09-C1 adopted 1/9/14)
(a)
Language shall be placed on the subdivision final plat whereby the property owners association, as owner of the private streets and appurtenance, agrees to release, indemnify, defend and hold harmless the city, any governmental entity and 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 indemnification contained in this paragraph apply regardless of whether or not such damages and injury (including death) are caused solely by the negligent act or omission of the city, governmental entity or public utility, or their representative officers, employees or agents.
(b)
The property owners association shall provide general liability insurance in the amount of not less than $500,000.00 per occurrence and $1,000,000.00 aggregate. Such insurance shall protect the property owners association and city from any claim, suit or demand resulting from any activity by the city within the subdivision, including the operation, maintenance or repair of water, sewer and drainage facilities. The insurance shall be occurrence based and name the city an additional insured. The insurance shall not include any exclusions that would deny coverage from the operation of sewer lines.
(c)
A signed certificate of insurance, satisfactory to the city, showing compliance with the requirements of this section shall be furnished to the city at the time all improvements are accepted by the city. Such certificate shall provide thirty-day written notice to the city prior to the cancellation or modification of any insurance referred to therein. Language shall be placed on the subdivision final plat indicating that a signed certificate of insurance shall be furnished to the city which complies with this article.
(Ordinance CO16-14-01-09-C1 adopted 1/9/14)