(a)
The city shall not repair, maintain, install or provide any streets
or roads in any subdivision for which a final plat has not been approved
and filed for record, nor shall the city repair, maintain, or install
any streets or roads until such time as the roads or streets have
been dedicated to and accepted by the city.
(b)
Residential subdivisions shall be developed with private streets
to be dedicated in the future as public streets.
(c)
Private streets may become public streets by dedication to the public
use although not maintained by the city.
(Ordinance 07-09-18F, sec. X(a),
adopted 9/18/07)
(a)
Each final plat shall contain a statement, as shown in appendix D
signed by the property owner(s) and acknowledged before a notary public
as to the authenticity of the signatures, stating that the property
owner(s) adopts the plat as shown, described and named, and that he/she
does dedicate, in fee simple, to the public use forever the streets,
rights-of-way and easements shown on the plat, subject to the acceptance
of such dedication by the city through a separately filed instrument
of acceptance filed for record in the deed records of Llano or Burnet
County, as applicable.
(b)
Until such time, if ever, that the city council votes to accept such
dedicated streets, rights-of-way and easements, ownership of same
and responsibility for maintenance thereof shall remain with the property
owners’ association of the subdivision.
(Ordinance 07-09-18F, sec. X(b),
adopted 9/18/07)
(a)
All streets, sidewalks, drainageways, and water and sewer line improvements
shall be designed, placed and constructed in accordance with the general
design standards of the city and all other applicable standards as
prescribed by the city.
(b)
All streets are to be paved with asphalt or concrete and be curbed
with either ribbon or full curbs.
(d)
Arterial streets are often primary cross-town streets of a community,
connecting neighborhoods, business districts, open space, schools,
etc. composed of multiple lanes of traffic. Right-of-way width is
a minimum of 120 feet, with a minimum lane width of 12 feet.
(e)
Boulevards are collector streets that are composed of two one-way
streets separated by a median. Right-of-way width is a minimum of
100 feet. Minimum median width is 10 feet. Minimum paved street width
of each side of the boulevard is 24 feet from curb to curb.
(f)
Collector streets (other than boulevards) shall have a minimum right-of-way
width of 80 feet and curb to curb paving width of at least 30 feet.
(g)
Local streets shall have a minimum right-of-way width of 60 feet
and curb to curb paving width of at least 24 feet.
(h)
Cul-de-sacs shall be a maximum length of 600 feet. The right-of-way
for the circle shall be a minimum of 85 feet in diameter with a paved
diameter of a minimum 45 feet. The street right-of-way shall be a
minimum of 60 feet and curb to curb paving width of at least 24 feet.
(i)
“Eyebrow” circles are only allowed on a local street
with speed limit of 30 miles per hour. The speed limit through eyebrow
circles shall be 20 miles per hour and shall be posted with standard
speed limit signage. The minimum centerline radius for the eyebrow
shall be 72 feet. From the point of intersection of the centerlines
of the street sections leading into the turn, the radius to the right-of-way
shall be 55 feet and the radius to the edge of the pavement shall
be 35 feet. The return radius of the eyebrow shall be 55 feet. The
interior angle of the eyebrow shall be between 80 and 100 degrees.
(j)
For subdivisions that border on existing streets that do not meet
the above requirements for right-of-way or paving, the developer is
required to dedicate enough land adjacent to the existing road to
bring it to the above right-of-way specifications and perform additional
paving as required to meet the above specifications.
(k)
Water lines, sewage lines, other utilities and drainage structures
shall be installed prior to road pavement installation.
(l)
General road design needs to allow for:
(1)
Major thoroughfare passage through and around the subdivision.
(2)
Continuation of streets that lead into the new subdivision and future
continuation of streets beyond the subdivision.
(3)
No dead-end streets except for stubs planned for future expansion.
(4)
Intersection of streets at essentially ninety-degree angles.
(5)
Maximum and minimum grading.
(6)
Street jogs shall be avoided.
(7)
No half streets are permitted.
(8)
Proper drainage of water in accordance with the city drainage criteria
manual.
(9)
Control signs, guardrails, and other safety features as in the state
manual on uniform traffic-control devices, as amended.
(10)
Developer-provided street signs consistent with city design for all
intersections.
(11)
Street names and numbers which must meet 911 requirements.
(12)
Burying of utilities such as water, sewage, electricity, telephone,
cable or others in either (or both) the property easement or the right-of-way,
but if in the right-of-way no more than three feet from the property
line. Utilities shall be buried to a minimum depth of thirty (30)
inches.
(13)
Provision by the developer of uniform traffic-control signs, guardrails
and other safety features as recommended by the developer’s
engineering firm.
(14)
Continuation of roads and streets in an adjoining subdivision that
dead-end at the property line of a new subdivision, to continue through
the new subdivision. Where no adjacent connections are platted, the
roads and streets in the new subdivision must in general be the reasonable
projections of roads and streets in the adjacent subdivided tract.
All roads and streets in a new subdivision shall be platted so that
a continuation of said roads and streets may be made in other subdivisions
in the future.
(15)
No “low water crossings” of streams or any areas where
water flows, or may flow during storm events, unless waived by the
city council.
(16)
No installation of any further water, sewage or utility lines, on
rights-of-way unless expressly permitted in writing by the city, once
road or street construction has been completed.
(17)
Preservation of all hardwood trees with a diameter of 24 inches or
greater measured 4-1/2 feet above ground.
(18)
Shared use paths.
(Ordinance 07-09-18F, sec. X(c),
adopted 9/18/07; Ordinance
2021-39, sec. XV, adopted 10/12/21)
(a)
An easement encompassing the private street or right-of-way shall
be granted to the city for ingress and egress and providing unrestricted
use of the property for utilities, including water and sewer 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.
(b)
City council may deny the creation of a private street if it makes
a finding of fact, based upon the evidence provided, that it would:
(Ordinance 07-09-18F, sec. X(d),
adopted 9/18/07)
(a)
The city has no obligation to pay for any portion of the cost of
constructing or maintaining a private street.
(b)
All city regulations relating to shared improvements costs shall
be in accordance with this article.
(c)
The city may periodically inspect private streets and require repairs
necessary to insure emergency access.
(Ordinance 07-09-18F, sec. X(e),
adopted 9/18/07)
(a)
All private traffic signs and markings shall conform to the Texas
Manual on Uniform Traffic Control Devices, as amended.
(b)
The entrance to each private street shall be marked with a sign stating
the street’s name as approved by the city council.
(Ordinance 07-09-18F, sec. X(f),
adopted 9/18/07)
(a)
Guardhouses, access control gates, and cross-arms may be constructed within a “street right-of-way” (sometimes referred to as a “street lot”) which is owned by the POA. All “street rights-of-way” shall be encompassed by an easement as contained in section 10.03.374(a), above. All restricted access entrances must be manned 24 hours every day, or provided with an alternate means of ensuring access to the subdivision by the city and other utility service providers with appropriate identification.
(b)
If the POA 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
POA.
(Ordinance 07-09-18F, sec. X(g),
adopted 9/18/07)
(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.
(b)
Overhead barriers shall not be allowed.
(Ordinance 07-09-18F, sec. X(h),
adopted 9/18/07)
The subdivision final plat, property deeds, and POA documents
shall note that certain city services shall not be provided on private
streets. Among the services that will not be provided are: street
maintenance, routine police patrols, unless requested by the POA,
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 07-09-18F, sec. X(i),
adopted 9/18/07)
Notwithstanding the provisions provided in section 10.03.372 above, a petition to convey a POA owned street to the city may be submitted by a POA in accordance with the following requirements:
(1)
The POA documents shall allow the POA to request the city to accept
such streets and the associated rights-of-way.
(2)
The POA shall present such request to the city council for its consideration.
Should the city council elect to accept such streets, it shall direct
the city to prepare and record such acceptance documents as it determines
necessary.
(Ordinance 07-09-18F, sec. X(j),
adopted 9/18/07)
(a)
Language shall be placed on the subdivision final plat whereby the
POA, 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 from such damages
and injuries.
(b)
The indemnification contained in this section applies 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.
(c)
The POA shall provide general liability insurance in the amount of
not less than $300,000 per occurrence and $500,000 aggregate. Such
insurance shall protect the POA and the 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.
(Ordinance 07-09-18F, sec. X(k),
adopted 9/18/07)
