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Home My WebLink AboutOrdinance '''. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9, "SUBDIVISIONS', OF THE CODE OF ORDI- NANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 9, "Subdivisions", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held. to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its publication ill' the news- paper, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 13 day of November, 1997. ATTEST: APPROVED: CONNIE HOOKS, City Secretary LYNN McILHANEY, Mayor -"!" ~ jklo:lgrouplbudgec\cysht97111 nay IlgacQrd2a.doc 11/5/97 Ordinance No. Page 2 EXIDBIT A ADD TO CHAPTER 9, SECTION 8: "8-W Gating of Roadways PURPOSE: To achieve orderly development of a secured (GATED) community. To protect and promote the health, safety, and general welfare of the City. DEFINITION: Gated Community: A residential area requiring mandatory membership in a Homeowners Association (HOA) and having its primary means of access controlled by an electric or manual gate administered by the HOA. 8- W.l General Requirements (a) Gating of a public roadway is prohibited. (b) Driveways are considered roadways for the purpose of these gating requirements. (c) The gate shall not block area..wide through routes or block access for roadways to serve future development. (d) Access shall be provided at all times for police, fire, city inspection, mail delivery, garbage pickup, dial..a-rides, utility, school buses, and other health and safety related vehicles. Access must not require drivers to exit their vehicle. (e) A private street subdivision wilI not cross an existing or proposed thoroughfare as shown on the .City's most recent Thoroughfare Plan. A private street subdivision.. wilInot . disrupt or cross an existing or proposed City of College Station public pedestrian pathway, hike and bike trial.or park as shown on the City' s most recent Parks and Open Space Plan. (f) The gate design .and implementation shall be. such that it does not pose a threat to public. health, safety and welfare. (g) The infrastructure main lines (electrical, water, and sewer) shall be maintained by the City of College Station. shlo:lgroupldeve _serlhesterlgateord2.doc 9/25/97 Ordinance No. Page 3 8-W.2 Homeowners Association (HOA) (a) A Homeowners Association shall be established with direct responsi- bility to, and controlled by, the property owners involved to provide for operation, repair and maintenance of all common areas, fences, walls, gate equipment, landscaping, and all other common facilities, including private streets and sidewalks, which are part of the subdivision (the "Common Facilities"). (b) All property owners within an existing residential area that is proposed to be gated shall agree to become members of an operative Home- owners Association (HOA). (c) The HOA shall prepare and file for record a legal instrument establish- ing a plan for the use and permanent repair and maintenance of the Common Facilities and demonstrating that the association is self- perpetuating and adequately funded to accomplish its purpose. (d) The budget for the HOA shall include a fund reserved for the repair and maintenance of Common Facilities in the amount approved by the city staff. (e) The legal instrument establishing the Homeowners Association, street maintenance agreement, the. approval of the reserve fund by the City Engineer or Director of PlJblic Wodes, and written permission for the City's access to the subdivision will be submitted for approval by the City Attorney prior to the stlbmission of the final plat. (f) The City will be given written permission for practical access at any time without liability when on official business. The City will also be given written penniss~on to remove obstructions including any gate and guard (house) upon non-compliance by.the HOA of any terms of this ordinance or if. necessary, for the emergency vehicle access. In the event the City must remove obstructions to access the developme~t, the HOA will be assessed all cOsts of removal. (g) In the event the City deems that repairs to private street( s) within a gated community are n~ssary in order to insure safe access and passage for emer~ency ~rvice vehicles, the City will notify the HOA and a public hearing; will! be. set for input on the projected repairs. Should the HOt\fail tQprovide the satisfactory repairs deemed necessary in a time frame :set by the City at the public hearing, then the City will maketp~necess<iry repairs and assess the HOA all costs borne by the City ifilr~~air :Of tbe iprivate street(s). Should the. H;OA fail to reimburse the City within I~O days, the HOA shall be subject Ito lien and possibly foreclosweof ~ .assets including but not limited to the main- tenancereserve fiInd a(idr~s in Subsection 2( d) of this ordinance.. -"!" ~ jlc\o:lgrouplbudget\cvshc97111 nav ilgatord2a.doc 11/5/97 Ordinance No, Page 4 8-W.3 Geometric Design Guidelines (a) All streets in the development shall be constructed in accordance with city. standards. (b) The gate(s) location shall not beplacedona public right-of-way or easement. ( c) All gate mechanical or manual operating functions shall meet fire department requirements and provide passage with unobstructed verti- cal clearance. (d) Gated entry way throat length designs. taking access from residential, major and minor collector roadways shall meet the following require- ments(Ref. Figures 1 & 2): (1) A minimum of20 feet for one residential single family lot. (2) Aminimum of 60 feet for up to twenty-five (25) single family lots. (3).A minimum of 100 feet for twenty-six (26) single family lots or greater (e) The gated entry way lengths taking access from major and minor arterials shall be determined and approved on a case by case basis by the City Planning Department. (f) Gated entry ways shall provide adequate access for .pedestrians and bicycles.. (g) Gated .entry ways. to subdivisions shall provide adequate turnaround areas for vehicles that .are denied access in order to prevent backing into a public street. .(Ref. Figures 1 & 2) (h) The .gated entry way driveway pavement widths to subdivisions, for both egress and ingress, shall be a minimum of 20 feet per driveway and are required to provide a minimum 4 feet center median. (Ref. Figures 1 &, 2) (i) Tl1egatedarea shalLprovidea minimum unobstructed vertical clearance of 14 feet 6 inches from finished roadway surface over the entire width ofthe entry roadway. G) Public safety elements ancJ signing shall be included in the gate entry way design. 8-W.4 Converting Private Streets to Public Streets shlo:lgroupldeve ~serlhesterlgate(jrd2.dilC 9/25/97 Ordinance No. Page 5 (a) Upon a written request signed by HOA officers and submitted to the City Council of the City of College Station, dedication of private streets to the public may be accomplished providing the private streets are brought up to the standards for the public streets in the city and the City Council has agreed to accept the streets. (b) The written request by the HOA officers will be accompanied by a petition containing the signatures of the owners of 100% of the existing lots in the subdivision. (c) All repairs or reconstruction of private streets must be accepted by the City prior to conversion. All conversion dedication costs will be paid by the HOA. 8-W.5Existing Gates Any gate as defined by this ordinance existing at the time of adoption of this ordinance which has received an approval. from either the City or the County is deemed exempt from the requirements of this ordinance." sh\o: Igroupldeve_serlhester\gateord2.doc 9/25/97 ....\, Ordinance No. . . K.y Pad ea" "'00". "". - ." Abo.... ltoGdwoy ""I.hed 'GraM ondF'oceof SOIlC nu.h wllh Sock 01 CUf'b t Page 5 MINIMUM OISTANCE FROM ROW: SINGLE FAMILY RESIDENTIAL ... 20' One SF Lot ... 50' 25 or Less SF Lots "'100' 25 or More SF Lots NOTE:: All Dlmen.lon. 0,"41 ,. ace 10 Foce unl.... olhof"wl... nol.4. Public SIr..t FIGURE 1 . ....OT&:1 All Ot",.~.IO~1!I o~.. Fcc. to roc. ....~.... oU"..._I.. not.d. FIGURE 2 j1cIo:lgrouplbudget\cvsht97111 nOy Ilgatord2a.doc 11/5/97 Throot_ L.ngih ROW1_ . Kev, Pad Box "'cut" , .... ,_ ." Abo..,. Roadway rlnl.h.d Orad.. Clnd race of 80M' Flu.h wHh Sack of Curb t MINIMUM DISTANCE ROM ROW: SINGLE FAMILY RESIDENTIAL ... 20' One SF Lot ... 50' 25 or Less SF Lots ""00' 25 or More SF Lots Throot_ Length Public;: Street ROW. -= .- ~ t- t ..;' Ordinance No. Page 6 8-W.4 Converting Private Streets to Public Streets (a) Upon a written request signed by HOA officers and submitted to the City Council of the City of College Station, dedication of private streets to the public .may be accomplished providing the private streets are brought up to the standards for the public streets in the city and the City Council has agreed to accept the streets. (b) The written request by the HOA officers will be accompanied by a petition containing the signatures of the owners of 1000.10 of the existing lots in the subdivision, except when in the public interest. (c) All repairs or reconstruction of private streets must be accepted by the City prior to conversion. All conversion dedication costs will be paid by the HOA 8-W.5 Indemnity The Association hereby. unconstitutionally and irrevocably agrees to indemnify, defend and hold the city and the city's officials, agents, employees and contractors harmless, from and against any loss, liability, demand damage, judgment, suite, claim deficiency, interests, fee, charge, cost or expense (including, without limitation, interest, court cost and penalties, attorney's fees and disbursement and amounts paid in settlement, or liabilities resulting from any charge in federal, state or local law or regulation or interpretation hereof) of whatever nature, even when caused in whole or in part by the city's negligence or the joint or concurring negligence of the city and any other person or entity, which may result or to which the city and/or any of the city's officials, agents, employees and contractors may sustain, suffer, incur or become subject to in connection with or arising in any way whatsoever out of.the maintenance, repair use or occupation of the common facilities, or any other activity of whatever nature in connection therewith, or arising out of or by reason of any investigation, litigation or other proceedings brought or threatened, arising out of or based upon the operation, management, maintenance, repair and use of the SX)mmon facilities, or any other activity in the subdivision. 8-W.6 Existing Gates Any gate as defined by this ordinance existing at the time of adoption of this ordinance which has received an approval from either the City or the County is deemed exempt from the requirements of this ordinance. '~, -"!" ~ j1clo:lgrouplbudget\cvshc97111 noyllgatord2a.doc 11/5/97