§ 30-2-159. PRIVATE STREETS.

(A)

The platting board may approve a variance allowing a private street in a subdivision if the requirements of this section are met.

(B)

In this section, the meaning of "adjacent property" is limited to a property that is adjacent to the proposed subdivision and that has an established right of access through a proposed private street.

(C)

Written approval of the owner of adjacent property is required to establish a private street.

(D)

If the only access to adjacent property is through a proposed private street:

(1)

the owner of the proposed subdivision must prepare and file in the county's official public records a joint access agreement that allows unrestricted access through the private street to the adjacent property; and

(2)

the owner of the adjacent property must prepare and file in the county's official public records a joint access agreement that requires private streets and street maintenance when the adjacent property is developed.

(E)

A property owners association must be responsible for maintenance of the private street.

(F)

The subdivider must obtain the approval of the single office of the following documents relating to the property owners association:

(1)

covenants, conditions, and restrictions that provide for ownership, maintenance, fee assessment, and association dues; and

(2)

bylaws that provide for membership and voting rights.

(G)

A private street must have a direct connection to a dedicated public street or another approved private street.

(H)

A private street may not be the only connection between two public streets.

(I)

The subdivider must identify a private street on the plat as a separate access, drainage, and public utility easement and as a separate lot.

(J)

The subdivider must install standard street names at each intersection.

(K)

The subdivider must post a sign indicating "private street" at each intersection of a private street with a public street.

(L)

If the subdivider proposes use of a security gate:

(1)

the gate must be at least 40 feet from the right-of-way of the nearest intersecting street; and

(2)

the subdivider must:

(a)

provide the single office with plans showing the location of the gate; and

(b)

obtain approval of the gate design from the city, county, emergency service provider, and other governmental entity with jurisdiction, if any.

(M)

The subdivider must place the following notes on the plat:

All private streets shown on this plat [list street names] and any security gates or devices controlling access to the streets will be owned and maintained by the property owners association of this subdivision.

The undersigned owner subdivides [number] acres of land out of the [number] acre tract in accordance with this plat, to be known as "[subdivision name]" subdivision, subject to the covenants and restrictions shown on this plat, and dedicates to the owners of the lots in the subdivision, public utilities serving the subdivision, emergency services providers with jurisdiction, and public service agencies, the use of all the private street and other easements shown on this plat, subject to any easements or restrictions previously granted and not released. The maintenance of and payment of real property taxes on the private streets are the responsibility of the owner of the subdivision or property owners association under that certain instrument of record under Document Number [number], of the Official Public Records of Travis County, Texas. An express easement is granted across the private streets and any common areas for the use of all governmental functions, vehicular and nonvehicular, including fire and police protection, solid and other waste material pickup, and any other purpose a governmental entity deems necessary. Owner agrees that all governmental entities and their agents and employees are not responsible or liable for any damage occurring to the surface of the private street or any common area as a result of use by governmental vehicles.

Source: County Code Section 82.206; Ord. 031211-11; Ord. 031211-42.