(A) Purpose. The purpose of this section is to establish regulations for subdivisions with privately owned streets.
(B) Authority. The regulations contained in this section have been adopted under the following authority:
(1) Chapter 212 - Municipal Regulation of Subdivisions and Property Development of the Texas Loc. Gov’t Code, which authorizes a municipality to adopt rules governing plats and subdivisions of land within the municipality's jurisdiction.
(2) Chapter 51 - General Powers of Municipalities of the Texas Loc. Gov’t Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality.
(3) The Home Rule Charter of the City of Cleburne, Texas, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas.
(C) Applicability. The regulations contained in this section shall be applicable to any proposed subdivision plat, to any petition to convert a public street to a private street, and to any petition to convert a private street to a public street submitted to the city after May 1, 2024.
(D) Requirements for subdivisions.
(1) Planning considerations. The following criteria shall be used as guidelines in the review and approval of a private street subdivision.
(a) Streets shown on the adopted Thoroughfare Plan of the city must not be used, maintained, or constructed as private streets.
(b) A subdivision with private streets and alleys must not impede or cross an existing or proposed street as shown on the city's most recent Thoroughfare Plan or approved preliminary or final plats.
(c) A subdivision with private streets must not disrupt or disconnect an existing or proposed city public pedestrian pathway, hike and bike trail, or park as shown on the city's most recent Park Plan.
(d) The perimeter of a subdivision with private streets must include a minimum of 80 feet of contiguous frontage upon a public street.
(e) The proposed subdivision with private streets must be zoned for residential purposes and contain 25 single-family lots or greater.
(f) The proposed subdivision must not negatively affect traffic circulation on public streets outside of the subdivision.
(g) The proposed subdivision must not negatively impair access to on-site or off-site properties or future developments.
(h) The proposed subdivision must not negatively impair access to or from public facilities, such as schools, parks and libraries, etc.
(i) The proposed subdivision must not negatively impact the response time of emergency vehicles.
(2) Construction of private streets and drainage infrastructure.
(a) Private street lot. Private streets must be constructed within a separate lot owned by the HOA. This lot must conform to the city's standards for public street right-of-way. An easement covering the street lot must be granted to the city providing the right to enter for purposes of maintaining the public infrastructure and utilities and an access easement for exercising governmental services, including but not limited to fire and police protection, inspection and code enforcement. The right to use the street lot for utilities shall extend to all utility providers, including telecommunication companies operating within the city. The easement shall permit the city to remove any vehicle or obstacle within the private street lot that impairs emergency access.
(b) Street, sidewalk and drainage design and construction standards. Private streets, drainage systems, and sidewalks must conform to the same design and construction standards for the design and construction of public streets, drainage systems, and sidewalks.
(c) Traffic signs. All traffic regulatory signs along private streets must conform to the Texas Manual of Uniform Traffic Control Devices and be maintained by the Homeowner's Association ("HOA").
(d) Plans and inspections. Proposed subdivision with private streets must submit to the city the same plans and engineering information required to construct public streets, utilities and related appurtenances. Requirements pertaining to inspection and approval of improvements prior to the city's acceptance of the subdivision shall apply. Fees charged for these services shall also apply. The city shall have the right to inspect the private streets and related appurtenances at any time, and require the HOA to provide the repairs needed to ensure emergency access. The City Council shall be the final judge of whether such repairs are needed.
(e) No cost to city. The city shall not pay for any portion of the cost of constructing the street and drainage infrastructure in the subdivision.
(3) Maintenance of private streets and drainage infrastructure.
(a) The HOA for the subdivision shall be responsible for the maintenance of all streets and drainage infrastructure in the subdivision. The city shall not pay for any portion of the cost of maintaining the streets and drainage improvements in the subdivision.
(b) The city shall have authority to inspect all streets, drainage facilities, and related appurtenances in the subdivision on a periodic basis to determine the need for repairs to the infrastructure. If the city finds the streets or drainage infrastructure in need of repairs, the HOA shall repair all drainage and street facilities upon receipt of a notice of deficiency from the city. If the HOA disagrees with the city's determination, the HOA may appeal the determination as provided in division (E) of this section. If the HOA fails to timely make repairs to the street and drainage infrastructure, the city may, in its sole discretion, complete the needed repairs and assess the properties in the subdivision for the costs.
(4) Public infrastructure. Water and sanitary sewer infrastructure shall be constructed in accordance with city standards and dedicated to the city. All water and sanitary sewer infrastructure shall be installed within a public easement granted over the private street lot.
(5) Access standards.
(a) Restricted access allowed. The HOA may construct and maintain guard houses, access control gates, and cross arms constructed in accordance with the requirements of this section. All restricted access entrances must be manned 24 hours every day, unless an alternative means of access to the subdivision is provided for the city and other utility service providers. If the HOA fails to provide an adequate method of access for the city or other utility service providers, the city shall have the right to remove any gate or other device that is a barrier to access to the subdivision, and the city may assess the properties in the subdivision for the costs.
(b) Restricted access entrance design standards. Any private street which has an access control gate or cross arm must have a minimum uninterrupted pavement width of 24 feet at the location of the access control device. If an overhead barrier is used, it must have a minimum height above the road surface as required by the Fire Code for fire lanes. The design of all gates, cross arms and access control devices, including automatic opening systems and manual backup systems must be approved by the city prior to installation. The gates, cross arms and opening devices must be tested and accepted by the city prior to being put into operation. Gate designs may incorporate one or two gate sections to meet the required minimum width of 24 feet. If the entrance is to incorporate 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 city, but in no case shall any single gate or street pavement have a clear opening of less than 18 feet in width. All restricted access entrances shall be equipped with the Knox Rapid Access System opening system. The system shall be maintained by the HOA in good working condition at all times. Any restricted access entrance that has an access control gate or cross arm that requires residents to stop before gaining access must be set back a minimum of 50 feet from the boundary of the subdivision to provide for automobile queuing, unless a traffic study shows that a larger setback is required to provide sufficient vehicle queuing. Restricted access entrances equipped with an electronic opener that allows residents to remotely open the control access gate or cross arm and enter the subdivision without having to stop are exempted from this requirement. A sign must be erected at any restricted access entrance that does not meet the requirements for a visitor entrance to indicate that it is for resident use only and not for visitors.
(c) Visitor entrance design standards. At least one entrance per subdivision with private streets must be equipped for visitor access. An entrance for visitor access must comply with all of the standards for a restricted access entrance in division (D)(5)(b) above. An entrance for visitor access must be equipped with a call or code box to allow visitors to call-in for access. The call or code box must be located at least 50 feet from the boundary of the subdivision to allow sufficient room for automobile queuing. The city reserves the right to require the developer or the HOA installing the visitor entrance to provide a detailed study to determine if the traffic generated by the proposed development will warrant a larger setback to ensure sufficient vehicle queuing space. A turn-around space with a minimum outside radius of 30 feet must be located between any call or code box and access control gate or cross arm to allow vehicles denied access to safely exit onto public streets in a "head out" position. A sign must be erected next to the edge of such turn around space to prohibit vehicle parking in such space.
(6) Homeowners associations required. A subdivision developed with private street and drainage infrastructure must have a mandatory HOA which includes all properties served by the private streets. The HOA shall own and be responsible for the maintenance of the private street and drainage infrastructure. The HOA's creation documents must:
(a) Provide that the streets and drainage systems within the development are private, owned and maintained by the HOA, and that the city has no obligation to maintain the private streets and drainage systems;
(b) Be filed of record prior to the approval of the final plat;
(c) Provide that lot deeds must convey membership in the HOA and provide for the payment of dues and assessments required by the HOA;
(d) Provide that the city has authority to inspect all streets, drainage facilities, and related appurtenances in the subdivision on a periodic basis to determine the need for repairs, that the HOA must repair all infrastructure that the city determines to be in need of repair, that if the HOA fails to timely make the repairs the city may perform the necessary repairs and assess the properties in the subdivision for the costs;
(e) Provide that if the HOA fails to provide and maintain an adequate method of access for the city and other utility services providers, the city shall have the right to remove any gate or other device that is a barrier to access to the subdivision and may assess the properties in the subdivision for the costs;
(f) Provide that the HOA must not be dissolved without the prior written consent of the city;
(g) Provide that no portion of the HOA's documents pertaining to the maintenance of the private streets and assessments thereto shall be amended without the written consent of the city;
(h) Provide that the HOA, as owner of the private streets and appurtenances, agrees to release, indemnify, defend and hold harmless the city, its officers, agents, licensees, servants and employees, from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind of character, whether real or asserted, arising out of or in connection with, directly or indirectly: 1) the reasonable use of the private streets, emergency access, utility easements, entrance gate or structure by the city, its officers, agents, licensees, servants and employees; 2) the condition of the private streets, private street lights, private entrance gates or structures, private walls or fences, private pedestrian access, private storm drainage systems and emergency access; or 3) any use of the subdivision with private streets by the city, its officers, agents, licensees, servants and employees for any purpose related to the exercise of a governmental function or service, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of city. The HOA shall be responsible for carrying liability insurance to meet the requirements in this division; and
(i) Be reviewed and approved by the City Attorney to ensure that they conform to this and other applicable city policies prior to being filed of record at the county, and the developer of a new subdivision shall pay for the cost of the City Attorney's review.
(7) Plat requirements. The following plat dedication certificate and conditions of approval must be provided in all final plats for subdivisions with private streets at time of submission.
(a) Plat dedication certificate.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENT:
THAT ____________________, acting by and through the undersigned, its duly authorized agent, does hereby adopt this plat designating the hereinabove described real property as ____________, an addition to the City of Cleburne, Johnson County, Texas, and does hereby dedicate to the public's use the emergency access and utility easements shown thereon subject to the conditions of approval stated herein.
WITNESS MY HAND at Cleburne, Johnson County, Texas, this ___________ day of ______, 20___.
___________________
(provide name and title)
(b) Conditions of approval.
1. Lot X, Block X denotes the private access and private drainage easement owned by the HOA of _______________. No building permit will be issued for Lot 1, Block A.
2. The landowners and any subsequent owners of lots shown herein (the lot owners), jointly and severally, shall be responsible and liable for the construction, operation and maintenance of any private common areas or facilities in the addition created herein (the addition), including but not limited to private streets, private entrance gates or structures, private walls and fences, private pedestrian access, private storm drainage systems, private lake, private open space and landscaping, and emergency access.
3. The HOA shall be established by the subdivider or developer to operate and/or maintain the aforementioned private common areas or facilities.
4. The city shall not be responsible for maintaining any of the aforementioned private common areas or facilities. The city will maintain only the public water and sanitary sewer systems in utility easements accepted by the city.
5. The HOA, lot owners, and landowners shall not seek maintenance from the city except for the aforementioned public water and sanitary sewer systems in utility easements accepted by the city.
6. Any public utility entities, including the city, shall have the right at all times of ingress and egress to and from and upon the utility easements shown herein for the purpose of construction, reconstruction, inspection, patrolling, maintaining, and adding to or removing all or part of its respective systems. Except for private storm drainage systems, private streets and related entrance gates or structures that are approved by the city, no buildings, fences, structures, trees, shrubs, or other improvements or growths shall be constructed or placed upon, or across said public utility easements. Any public utility entity, including the city, shall have the right to remove and keep removed all or parts of any buildings, fences, structures, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with its respective systems within said utility easements.
7. The city shall have the right at all times to remove and keep removed any vehicle or obstacle that impairs emergency access in the emergency access easements shown herein.
8. Any governmental entities, including the city, shall have the right at all times of ingress and egress to and from and upon the private access easements shown herein for any reasonable purpose related to the exercise of a governmental service or function.
9. If the HOA or lot owners fail to maintain reliable access to any public utility or governmental entities for purposes stated hereinabove, the city may enter the addition and remove any entrance gate or structure which is a barrier to access at the sole expense of the HOA or lot owners on a pro-rata share formula.
10. The construction, reconstruction or repair of any private streets within the addition must meet the approval of the Director of Public Works and comply with the specifications of the city for public streets at the time of construction, reconstruction or repair. The construction, reconstruction or repair of any entrance gate and structure for the addition must meet the approval of the Engineering Department and Fire Department of the city.
11. The installation or replacement of all traffic regulatory signs along the private streets must conform to the Texas Manual of Uniform Traffic Control Devices.
12. The HOA and lot owners agree to release, indemnify, defend and hold harmless the city, its officers, agents, licensees, servants and employees, from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind of character, whether real or asserted, arising out of or in connection with, directly or indirectly: (a) the reasonable use of the private streets, emergency access, utility easements, entrance gate or structure by the city, its officers, agents, licensees, servants and employees; (b) the condition of the private streets, private entrance gates or structures, private walls and fences, private pedestrian access, private storm drainage systems and emergency access; or (c) any use of the addition by the city, its officers, agents, licensees, servants and employees for any purpose stated hereinabove, whether or not caused, in whole or in part, by alleged negligence or officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of the city. The HOA shall be responsible for carrying liability insurance to meet the requirements in this division.
(E) Appeals. The City Council shall have authority to hear and determine any appeals requested under this section:
(1) In order to request an appeal under this section, a written request must be submitted to the city within 15 days of the receipt of the written determination. The written request for an appeal must include the mailing address for the person requesting the appeal.
(2) If an appeal is properly requested under division (E)(1), the city shall set a public hearing before the City Council to hear and make a decision on the appeal within 30 days. Notice of the public hearing shall be mailed to the person that requested the appeal. After the public hearing, the City Council shall make a determination on the issues that is the subject of the appeal. The City Council's determination shall be final.
(F) Existing streets.
(1) Petition to convert to public streets.
(a) A petition may be submitted to the city to accept private streets as public streets and rights-of-way. The petition must include the notarized signature of 100% of the owners of real property that is served by the private streets.
(b) The city shall not be obligated to accept the private streets as public, but the City Council may, in its sole discretion, choose to accept the private streets as public. If the City Council chooses to accept the private streets, the City Council may place such conditions on the acceptance as the City Council finds to be appropriate.
(c) Upon receipt of a petition under this division and prior to consideration of the petition by the City Council, the city may inspect the private streets and drainage infrastructure and estimate the cost for repairing the private streets and drainage infrastructure to be in compliance with the requirements of this section and for removing gates, guard houses, access control devices, landscaping or other amenities located within the private street lot. The petitioners or the HOA for the petitioners shall be required to contract with the city for payment of 100% of the city's estimated expenses as a condition of acceptance of the private streets as public.
(2) Petition to convert to private streets.
(a) A petition may be submitted to the city to convert public streets to private streets within a subdivision. The petition must be accompanied by the notarized signatures of 100% of the owners of real property in the subdivision that would be served by the private streets indicating approval. A petition under this division must include an analysis of the long-term maintenance and reconstruction obligation for the subdivision, prepared and stamped by a private engineering firm, evidencing the ability of the HOA to maintain the street and drainage infrastructure in the subdivision.
(b) A subdivision petitioning to have private streets must comply with all the requirements of this section.
(c) The city shall not be obligated to convert public streets to private streets, but the City Council may, in its sole discretion, choose to grant the petition and convert the public streets to private street. If the City Council chooses to grant the petition, the City Council may place such conditions on the granting of the petition as the City Councils finds to be appropriate.
(3) Procedure.
(a) City Council approval required. A petition filed under this division (F) must be approved by the City Council after a public hearing. The city must provide written notice of the public hearing to all owners of real property situated within 200 feet of any of the property that is or will be served by the private streets, as shown on the last approved city tax roll. The notice should be mailed not less than ten days before the day set for the public hearing. The notice may be served by depositing letters properly addressed and postage paid in the United States Post Office in the city. The city must also publish notice of the public hearing in a newspaper of general circulation in the city no later than 15 days prior to the day of the public hearing.
(b) Variances. In considering a petition under this division (F), the City Council shall have authority to waive or modify a regulation under this section if there is an extraordinary hardship or practical difficulties that arise from the strict enforcement of this section and the waiver or modification will not be detrimental to the public safety, health, or welfare or injurious to other real property.
(Ord. 04-2024-25, passed 4-23-24)