1994S8- AMENDING THE SUBDIVISION ORDINANCE
ORDINANCE
tj~-5- f?
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING THE SUBDIVISION ORDINANCE,
NO. 87-S-ll, ARTICLE III, DESIGN
STANDARDS, SECTION 18, STREETS; AND
EXHIBIT "C", DEFINITIONS; AND PROVIDING A
REPEALING CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
I
THAT, Subdivision Ordinance 87-S-ll of the City of
Schertz, Texas, Article III, Design Standards, Section 18, streets,
Paragraph 18.4, Private Streets, is hereby amended in the following
manner:
Delete current Article III, Paragraph 18.4 and replace with the
following:
Article III, Paragraph 18.4
Private Streets
A. Private streets within the City of Schertz may be authorized
providing all of the following conditions are met:
(1) A homeowners association is established to maintain and
upkeep all streets in a constructed home subdivision or a
manufactured home subdivision in accordance with the City's
public street standards, to include the mowing of shoulders
and right-of-way, removal of weeds and unclogging of culverts.
(2) Private streets are constructed in accordance with the
City's standards for public streets.
(3) The following "maintenance agreement" will appear on the
subdivision plat:
Streets. Streets in this subdivision will be
private streets constructed in accordance with the
City of Schertz public streets standards. The
upkeep and maintenance to include the mowing of
shoulders and right-of-way, removal of weeds and
unclogging of culverts shall be the responsibility
of the homeowners association. The City of Schertz
is released from any liability of these streets.
Periodic inspection by a public official who is
authorized to enforce complaints about poor
maintenance is permitted. This agreement includes
the maintenance and upkeep for controlled access to
the subdivision by the homeowners association.
(4) The following "maintenance agreement" will appear on the
plat for a manufactured home park:
Streets. Streets within this manufactured home park
will be constructed in accordance with the City of
Schertz public streets standards. The upkeep and
maintenance to include the mowing of shoulders and
right-of-way, removal of weeds and unclogging of
culverts shall be the responsibility of the
manufactured home park administration. The City of
Schertz is released from any liability of these
streets. periodic inspection by a public official
who is authorized to enforce complaints about poor
maintenance is permitted.
(5) Provide access for fire protection, ambulance, police,
school bus, garbage service and other utility agencies.
B. Convertino to Public Streets. Private streets must meet the
standards established for public streets before acceptance by the
City.
C. One Resident. Private street or road serving only one resident
is exempt from construction and maintenance standards for public
streets.
D. Controlled Access. When there is controlled access to a
subdivision, whether it is a mechanical device or a security guard,
the maintenance and upkeep will be the responsibility of the
homeowners association.
E. Inoress/Eoress. Private streets shall connect directly to a
public street or road.
II
THAT, Subdivision
Schertz, Texas, Exhibit "C",
following manner:
Ordinance 87-S-ll of the City of
Definitions, is hereby amended in the
"Exhibit C"
Recommend the following definitions be added to "Exhibit C" of the
Subdivision Ordinance:
Easement: An
person and/or
person's land.
acquired privilege or right-of-way use which one
public agency has across, over or under another
Rioht-of-Wav: The right of passage acquired for or by the public
through dedication, purchase or condemnation and intended to
provide pedestrian and vehicular access to abutting lots, tracts or
areas. Also for use by utilities and to provide for drainageways.
Road: The entire area between the right-of-way lines of any public
road or the entire width of a private road easement created to
provide ingress or egress to land.
Street: A strip of land comprising the entire area within the
right-of-way, intended for use as a means of vehicular and
pedestrian circulation to provide access to more than one lot. The
word "street" includes road, thoroughfare, parkway, avenue,
boulevard, court, expressway, highway, lane, throughway, place,
square, alley or however otherwise designated within the
right-of-way.
Street, Private: Any street right-of-way not dedicated to public
use.
Street, Public: Any street right-of-way dedicated to public use
and/or maintained by the City of Schertz.
III
All ordinances and parts of ordinances in conflict with this
ordinance are hereby repealed."
APPROVED on first reading the ~
PASSED, APPROVED AND ADOPTED this
19 fL.
day of
the !i6L
,A,1 fMdl , 19 'It-.
day of ~L
,
ATTEST:
Schertz
SEAL OF CITY
City 0