2007-096ORDINANCE NO. 2DO7-D%(O
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF SUBCHAPTER 35.16 OF THE DENTON DEVELOPMENT CODE, PERTAINING
TO STANDARDS AND PROCESSES FOR ALLOWING GATED RESIDENTIAL
COMMUNITIES AND PRNATE STREETS; PROVIDING FOR A PENALTY
CLAUSE WITH THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (DCA06-0015)
WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of
Denton, Texas adopted the Denton Development Code (the "Development Code"); and
WHEREAS, after providing notice and after conducting public hearings as
required by law, the Planning and Zoning Commission recommended approval of certain
changes to Subchapter 35.16 of the Development Code, pertaining to standards and
processes for allowing gated residential communities and private streets; and
WHEREAS, after providing notice and after conducting a public hearing as
required by law, the City Council finds that the changes to the Development Code are
consistent with the Comprehensive Plan, and are in the public interest. NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this
ordinance are incorporated herein by reference as true.
SECTION 2. Subchapter 35.16 of the Development Code are hereby amended in
part, as particularly described in Exhibit A, attached hereto and made part hereof by
reference. All other provisions of Subchapter 35.16 not specifically changed by this
amendment shall remain in full force and effect.
SECTION 3. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this
ordinance is violated shall constitute a separate and distinct offense.
SECTION 4. 1f any section, subsection, paragraph, sentence, phrase or word in
this ordinance, or the application thereof to any person or circumstance is held invalid by
any court of competent jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and.the City of Denton, Texas hereby declares it
would have enacted such remaining portions despite any such invalidity.
SECTION 5. This ordinance shall become effective fourteen (14) days from the
date of its passage, and the City Secretary~is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper
published in the City of Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the
~~ day of ~ , 2007.
. ~ . ~/~
PE McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EDWIN M. SNYDER, CITY ATTORNEY
Exhibit A
Exhibit 1. Amendments to Subchapters 13, 16, 20, 23 of the Denton
Development Code to Allow Gated Communities
I. SUBCHAPTER 16 OF THE DENTON DEVELOPMENT CODE IS AMENDED TO
ADD THE FOLLOWING:
35.16.21. Gated Community Requirements: The following sections set forth the
requirements for gated communities in the City of Denton.
A. Streets
1. All streets and alleys in a gated community will be private streets.
2. All gated communities must have 'one or more points of access to public streets
surrounding the development, and an alternative emergency access for emergency
service vehicles if only one public access point is provided.
3. Private streets shall meet all requirements and standards of the City of Denton for
public streets.
4. Notwithstanding any contrary provision in the Denton Development Code or City
of Denton Criteria Manuals, the following requirements apply to private streets
within the gated community:
a. Turnouts or turn-arounds for the public shall be provided outside the gated
perimeter, pursuant to the guidelines of the Transportation Design Criteria
Manual. Areas shall be dedicated by the developer as public access
easements, or as part of the public right of way, and shall be maintained by the
developer where they are easements.
b. Gated communities shall not be allowed to obstruct any existing arterial
street or proposed arterial street as shown on the City of Denton Mobility
Plan. Streets shown on the Mobility Plan of the Denton Plan shall not be
gated or private streets. The Planning and Zoning Commission may
recommend the denial of the creation of any other private street if, in the
Commission's judgment, the private street would negatively affect vehicular
or pedestrian traffic circulation.on public streets, or impair access to property
(either on-site or off-site), to the subdivision, access to or from public
facilities (including schools, parks and libraries), or the response time of
emergency vehicles. '
c. Private Street Lot -Private streets and alleys must be constructed within a
separate lot owned by the property owners association. This lot must conform
to all of the City's standards for a public street and/or alley right-of--way. An
easement covering the street lot shall be granted to the city and franchised
utilities, providing unrestricted use of the property for utilities and
maintenance. 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.
The easement shall permit the city to remove any vehicle or obstacle within
the street lot that impairs emergency access.
d. Construction and Maintenance Cost. The city shall not pay for any portion
of the cost of constructing or maintaining a private street.
B. Water and Sewer
1. All water and sewer mains that serve inside the gated community and are
located within public utility easements shall be dedicated to the City prior to
approval of the final plat, and shall be publicly owned and maintained.
2. All water and sewer mains and associated appurtenances shall be designed
and built according to City standards.
a. A Public Utility Easement or other adequate water and sewer easements
shall be dedicated to the City of Denton for all water and sewer mains.
3. Public water and sewer facilities must be located within a public utility
easement or other adequate water and sewer easement dedicated to the City of
Denton. The City is not responsible for reconstruction or full depth repair to
the private street. The City will follow customary practices in backfilling and
repaving repaired sections of private streets after a utility repair, utilizing the
least cost solution, with no further obligation of future maintenance for the
repair, and no obligation to rebuild or repair pavements to any preexisting
design or appearance, if different from the City's ordinary repair standards for
public streets. Alternatively, the HOA may elect to privately undertake one or
more aspects of the backfilling and pavement repair, and the City may
participate in the funding of such private repairs, but only to the extent of any
repair costs avoided by such private repairs.
a. Water meters and sanitary sewer cleanouts must be located within a public
utility easement and outside.of the paved portion of the private street.
C. Street Lighting
1. Street lighting on private streets is required to meet the design standards of the
City of Denton, and shall be installed and maintained by the HOA at no cost to
the City.
2. Luminaries, fixtures, poles, foundations, conduit, wiring, appurtenances, and any
other ancillary items associated with street lighting shall be owned, operated, and
maintained by the HOA. All energy costs will be metered and invoiced to the
HOA under the appropriate rate schedule. The HOA shall be solely responsible to
obtain and pay for power needed to illuminate street lighting.
D. Electric Utility Infrastructure
1. All electric facilities that serve inside the gated community shall be owned and
maintained by the utility provider. .
2. All electric facilities shall be designed, built, and operated according to the
standards of the utility provider.
3. Public Utility Easements shall be dedicated to the public use for all electric utility
infrastructure.
4. Electric Utility lnfrastmcture must.be located within a public utility easement or
other adequate easement dedicated to the City of Denton. The City is not
responsible for reconstruction or full depth repair to the private street. The City
will follow customary practices in backfilling and repaving repaired sections of
private streets after a utility repair, utilizing the least cost solution, with no further
obligation of future maintenance for the repair, and no obligation to rebuild or
repair pavements to any preexisting design or appearance, if different from the
City's ordinary repair standards for public streets. Alternatively, the HOA may
elect to privately undertake one or more aspects of the backfilling and pavement
repair, and the City may participate in the funding of such private repairs, but only
to the extent of any repair costs avoided by such private repairs.
E. Public Safety and Other Access Requirements
1. The fire chief, or his designated representative shall approve the
installation of access gates, which shall meet Fire Code requirements for
emergency operation, and shall be maintained at all times by the HOA.
2. The HOA shall provide keypads and codes, as well as a receiver and
mechanism designed to open gates automatically in response to a remote traffic
signal preemption device meeting the specifications of emergency service
providers, at all gates into the community.
3. In the event that at any time any gate does not promptly and automatically open
for an emergency vehicle utilizing a traffic signal preemption device, the
emergency responders shall be privileged to remove, disable or destroy any
locking device, gate or piece of a gate in order to gain access. The deed
restrictions shall recognize and incorporate this requirement, and further hold
the City and its emergency providers harmless from any and all claims or
damages arising from the HOA's:failure to maintain the gate to this standard or
for the removal or destruction of such gates or devices.
4. The HOA will provide non-emergency access codes to solid waste providers,
the electric utility, the water utility and wastewater utility maintenance
department franchised utilities, and the US Postal Service.
5. Access Restricted Entrance Design Standards -Any private street that has an
access control gate or cross arm must have a minimum uninterrupted pavement
width of 22 feet at the location of the access control device. If an overhead
barrier is used, it must be a minimum of 14 feet in height above the road surface.
All gates and cross arms must be of a breakaway design. On lots adjacent to
entry gates, fences may exceed 40 inches in height, up to a maximum of eight
feet within the side yard setback. .Such fences must be constructed of wrought
iron with brick columns. No solid fencing panels will be allowed.
F. Solid Waste Requirements
Residential solid waste collection service will be provided from the front of the
property at the curbside of the private streets.
For residential dwellings with rear entry garages, the solid waste collection
service maybe provided from the alley, if the alley is designed to provide
adequate turning radii for all solid waste collection trucks. The house address
number must be visible from the alley.
All residential refuse collection criteria, as listed within the City's ordinances,
shall apply to gated communities.
In the event that at any time any vehicular access gate is not operable, and access
is not available for solid waste collection vehicles, the Solid Waste Department
will continue on with Che normal progression of their daily route, and report the
inaccessibility of the area to Customer Service.
G. Drainage Requirements
The Developer is responsible for the installation of the storm water system to city
standards, and the HOA is responsible for maintenance of the storm water system.
1. Minor Drainage System: The minor drainage system includes the entire storm
drainage collection systems within the streets, ditches and channels within the
gated community that collect surface drainage originating from within the spatial
boundaries of the gated community. The minor drainage system also includes all
drainage systems within the gated community that collect drainage from offsite
areas up to 3-acres. Drainage easements for the Minor Drainage System shall be
consistent with the Development Code standards and design criteria, and shall be
dedicated on the final plat. The Minor Drainage System will be maintained by
the HOA, and the City of Denton has no obligation for the inspection or
maintenance of this system. Physical connection points shall be established
between the Minor and Major Drainage Systems as described herein, that will be
used to establish the physical limits for maintenance responsibilities.
2. Major Drainage System: They Major Drainage System provides for the
conveyance of storm water runoff through the gated community, originating from
any area outside of the gated community greater than 3-acres. To provide for the
Major Drainage System, green space or open space areas and floodplain areas
shall be reserved for storm water detention, retention, or conveyance of drainage.
These areas shall be dedicated by simple deed as separate lots, with ownership to
be retained by the HOA. The entire lot or a portion thereof shall be dedicated on
the final plat as a Drainage Easement or as a Drainage and Detention Easement,
as appropriate,. The Plat shall include dedication language stating that the
Drainage Easement, or Drainage and Detention Easement, will be reserved for
the conveyance of drainage or floodwaters, and shall remain open at all times and
maintained by the HOA in a safe and sanitary condition. The City will not be
responsible for the maintenance and operation of said lots or easements, or for
any damage to private property or person that results from conditions in the lots
or easements, or for the control of erosion. No obstructions to the natural flow of
storm water run-off shall be permitted by construction of any type of building,
fence or any other structure within the Drainage Easement or Drainage and
Detention Easement, as herein above defined, unless approved by the City. The
HOA shall keep the Drainage Easement or Drainage and Detention Easement
clear and free of debris, silt, and ;any substance that would result in unsanitary
conditions or obstruct the flow of water. Additionally, the City shall have the
right of ingress and egress to inspect and supervise maintenance by the HOA, or
to optionally alleviate any undesirable conditions that may occur. Furthermore,
the City shall have the right, but not the obligation, to enter upon the lot or
drainage or drainage and detention easement to remove any obstruction to the
flow of water, after giving the HOA written notice of such obstruction, upon
failure of the HOA to remove such obstruction. The City of Denton shall be
reimbursed by the HOA for reasonable costs for labor, materials, and equipment
in each such instance.
H. Homeowners Association Required
A homeowners association (HOA) is required to be established. Documents
establishing the HOA must be submitted as part of the final plat application,
providing for the maintenance, repair and/or replacement obligations of the HOA
for private roads, alleys, gates, fences, street lighting, drainage items and/or other
like held facilities and/or common areas, their appurtenances and/or other
associated ancillary items and improvements, shall be incorporated into the final
plat.
a. The HOA must provide for the power to file a lien, to foreclose, or to
otherwise secure payment from homeowners for the maintenance, repair
and replacement, in part or in whole, of all privately held common areas,
including but not limited to, drainage items, street lighting, and other
appurtenances or associated ancillary items.
b. The Association documents must be submitted to, reviewed by and
approved by the City Attorney prior to final plat approval.
c. The covenants and restrictions documents shall indicate that the streets in
the subdivision are private and are maintained by a homeowners
association, that they are not public and that the City of Denton has no
obligation to maintain them.
The covenants and restrictions shall also state that the City of Denton has
no obligation to inspect the streets or drainage in the gated community.
d. The covenants and restrictions documents shall indicate that the
subdivision final plat, property deeds and home owner association
restrictive covenants that certain city services shall not be provided on
private streets. Among the'services that will not be provided are: routine
police patrols, enforcement of traffic and parking ordinances and
preparation of accident reports. All private traffic regulatory signs shall
conform to the Texas Manual of Uniform Traffic Control Devices.
Depending on the characteristics of the proposed development, other
services may not be provided.
e. The covenants and restrictions shall also state that the City of Denton has
no obligation to inspect the streets in the gated community.
f. The home owners' association may not be dissolved, nor may deed
restrictions and covenants providing for maintenance of common areas be
de]eted or amended, without the prior written consent of the City Council
of the City of Denton, by way of plat amendment.
g. The final plat and restrictive covenants shall contain language whereby the
Homeowners' Association,. as owner of various private improvements
within a private street, lot or easement, agrees to release, indemnify,
defend and hold harmless 'the City from claims and suits for property
damage or bodily injury (including death) arising from the condition, use
or operation of any privately-owned streets or facilities.
II. Amendment to Chapter 23. Updated definition of Gated Community: "Gated
community" means a subdivision or .housing development with two or more
dwellings with private streets controlled through the use of a vehicular or pedestrian
gate.