At the time of filing of the preliminary plat, the subdivider may apply for and designate the plat as a private subdivision. The name of the subdivision shall include directly or in parenthesis after the name the designation "private subdivision" or "gated community." The approval process for a private subdivision shall be the same as for a subdivision under this chapter except as specifically provided for herein.
(Ordinance 2006-14, § 2, adopted 2/15/2006)
(a) 
All interior streets, street lights, traffic control devices and sidewalks will be considered private streets, private street lights, private traffic control devices and private sidewalks and restrictions such as walls and gates may be erected to restrict the general public from entering upon and using such interior streets and sidewalks. Such streets will be accessible to private and public utility providers and to emergency vehicles by providing entry information or the installation of "break away barriers" as deemed necessary by the city engineer during the approval process.
(b) 
Private streets, street lights, private traffic control devices and sidewalks shall be constructed in conformance with the same right-of-way, pavement width, curb and gutter, sidewalk and construction specifications as public streets, public streetlights, public traffic control devices and sidewalks. Alternative standards providing less right-of-way or pavement width, alternative curb and gutter designs, nonstandard sidewalk designs or construction materials, nonstandard street lights or traffic control devices, nonstandard construction specifications and landscaping within private street right-of-way shall be approved by the city engineer on the construction plans.
(c) 
Gates on private streets shall be setback with a turnaround as specified by the city engineer. Gate clearance and mechanisms shall comply with the requirements of the fire marshal for emergency access. A secondary access shall be required for gated streets providing access to 30 or more dwelling units.
(Ordinance 2006-14, § 2, adopted 2/15/2006)
(a) 
The subdivider/developer/owner shall be responsible for the maintenance of all private streets, private street lighting (including any electrical service charges or meters) private traffic control devices and private sidewalks and common areas (including perimeter fencing or walls) of the subdivision. Such maintenance obligation shall be to city standards or alternative standards as specified and approved on the construction plans at the time of subdivision. In addition, the subdivider/developer/owner shall be responsible for the installation and maintenance of all exterior landscaping between the property line or fence or wall line of the private subdivision and the curbline of the adjacent road or street. The subdivider/developer/owner may transfer such maintenance obligation to the subdivision homeowner's association upon the sale of 75 percent of the lots in the subdivision or upon a lesser number of lots being sold if such number is approved by the city engineer as part of the subdivision approval and included in the homeowner's association declarations.
(b) 
A homeowner's association shall be created for each private subdivision by reference in the plat and the recording of restrictive covenants for the subdivision in the official records of Hidalgo County so as to "run with the land" and be binding on subsequent lot owners as part of the plat approval process. The restrictive covenants shall include the obligations and restrictions set out herein as a minimum and may provide for additional provisions including more stringent requirements at the discretion of the subdivider/owner. The restrictive covenants shall require the homeowner's association, upon transfer from the subdivider/developer/owner, to maintain private streets, street lights, traffic control devices and sidewalks, common areas (including perimeter fencing or walls and exterior landscaping) to city standards or alternative standards as specified on the construction plans. The homeowner's association shall designate an agent for the homeowner's association for the purpose of receiving communication from the city and shall notify the city secretary of such designation and any substitution or replacement of such agent.
(c) 
The city may, but is under no obligation, to provide any maintenance for any item required to be maintained by the homeowner's association. In the case that the city does provide any of such maintenance, after notice, the city may surcharge the individual lot owners for the costs of such maintenance (including an administrative charge) in the water and sewer utility billing from the McAllen Public Utility and/or the city may charge for such maintenance as if it was a dues or assessment by the homeowner's association or the city may enforce payment or compliance herewith by other provisions of law. The foregoing right of the city as it relates to compliance with maintenance obligations of the homeowner's association and individual lot owners shall be included in the restrictive covenants.
(d) 
Prior to the commencement of any maintenance service by the city, the homeowner's association shall be given ten business days' written notice of the maintenance deficiency to be corrected by the city. In the case where the agent for the homeowner's association is unknown to the city, then such notice shall be sent to the individual lot owners as shown on the tax records. If the homeowner's association or lot owner(s) provide sufficient written assurance that such maintenance deficiencies will be corrected within a reasonable period of time agreed to by the city engineer, and the city is paid its administrative costs for sending the notice, and such deficiencies are then corrected, then the city will not correct the deficiencies. If the city does correct the deficiencies then the city shall collect the costs therefore as provided for above.
(Ordinance 2006-14, § 2, adopted 2/15/2006)