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HomeMy WebLinkAboutOrdinance 628 Private Streets ORDINANCE NO. 628 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 9-157. PRIVATE STREETS, CHAPTER 9 OF THE CODE OF ORDINANCES, CITY OF WINTER SPRINGS, FLORIDA, PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined that the following amendment to the Code of Ordinances is in the best interest of the health, welfare and safety of the citizens of the City of Winter Springs, Florida. NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS; SECTION I - That the following Section be amended to read as follows: Sec. 9-157. Private streets. (a) A private street as a principle means of access to individually owned lots shall be prohibited unless appropriate deed restrictions are recorded and legally binding, permanent maintenance associations are formed. This requirement may not apply to the provision of roadways within shopping centers, industrial or wholly commercial districts, apartment projects or townhouse projects and other developments under single ownership or commercial ownership. In such cases, the owner shall be responsible for the construction, maintenance and control of such private streets. Private streets shall meet design/construction and inspection standards established for public streets unless waived by specific council action. (b) All gated communities in the City of Winter Springs shall install on each access gate into the community an E.V.A.C. (Emergency Vehicle Access Control) system. The E.V.A.C. system shall be installed and maintained at the communities expense for the purpose of public safety admittance into their development. The E.V.A.C. system shall be in addition, and separate, from the gate opening system that is provided for the residents. The installation of the E.V.A.C. system shall be done with a vendor of the communities choice. (1) Each gated community shall also install at each access gate a keypad code entrance device. The keypad entrance code must be supplied to the Fire Department in writing upon installation, and written notice must be made when any changes are made to the code. (2) It shall be a requirement in the design of any gate that, in the event of a power failure to the gate, that all gates automatically go to the fully opened position. NOTE: Existing gated communities will not be required to comply with this requirement until such time as the existing gated community replaces the gate opening device. (3) Entrance and exit gates must allow a minimum of twelve (12) feet of roadway clearance when in the open position. (4) Existing gated communities shall have one hundred eighty (180) days after adoption of this policy to come into compliance with this requirement. (5) New communities must come into compliance with this requirement before any Certificates of Occupancy for that community will be issued by the City. SECTION II - If any section or portion ofa section of this ordinance proves to be invalid, unlawful or unconstitutional, it shall be held to invalidate or impair the validity, force or effect of any other section or portion of a section of this ordinance. SECTION III - That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION IV - This ordinance shall take effect immediately upon its passage and adoption. PASSEDANDADOPTEDTHIS 14TH DAY OF October, 1996. John F. Bush, Mayor ATTEST: Margo M. Hopkins CITY CLERK FIRST READING September 23, 1996 POSTED September 24, 1996 SECOND READING AND PUBLIC HEARING October 14, 1996 The Orlando Sentinel Published Daily $74.97 ~tate of flOtilla} 5.5. COUNTY OF ORANGE in the SEMYrlIOI.E was published In said newspaper in the issue; of lO'OarU. Court, NOTICE OF PUBUC HEARING CITY OF WINTER SPRINGS, FLORIDA NOTICE IS HEREBY GIVEN by the CItv Commission of the CItY of Winter Springs, Florida, that said CommlaalOn will hold a Public Hearlng on an Ordinance entitled as follOw8: . ORDINANCE N AN ORDINANCE CITY OF ~~~~ND?~G slch?~D~: b~Ir:1JF M:~ OF ORDINANCES CITY OF WINTER SPRINGS.... FLORI- DA, PROVIDING FuR SEY- ~~BJ~If~OJ":-M~TS this Public Hea~ng will be held at 7:30 p.m. on Ocl. 14 1996, or as soon thereafter as possible In the Commission Chari'tber8, City Hall, 1126 E. S.R. 434, Winter ~rlnga, FL 32708. ~~~~h~ g,r~=d ofO~e City Clerk for Inspeclion. Imer- ested parties rT1lI)' appear at this hearlng and be heard w~h re- SP8CllO lhiIlll\lIlClIIId Ord. Perao", willi dIiNIbIIIlIM need- Ing aslllllnollo pertlctpate In any of theM procMdings ~~f~g,. cc: & =rn~~ tor 48 tn, rn IIlfvwIce 01 the meetI"lIIlt I4Cm 111.'.. Persona .. ......1tIIl1l they Before the undersigned authority personally appeared , who on oath say's that he/she is the Legal Advertising Representative of The Or1ando Sentinel, a dally newspaper published at CASSELBERRY in ~INOl E County, Florida; that t e attached copy of advertisement, being a NOTICE Of PUBLIC in the matter of OR>>INANCE NO- 1:.2 8 BEVERLy c. S~NS Affiant further says that the said Orlando Sentinel is a newspaper published at ~!hHE~RY , in said County, Florida, and t at the said newspaper has heretofore been continuously published in said~INOLE County, Florida, each Wee D~ and has been entered as second-class mail matter at the post office in (~~ ElBERRY in said SEMINOlf County, Florida, for a penod 0 one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any d~'SCO nt, rebate, commission or refund for the purpo of securi g this adv isement for publication in the said newspaper. /J LV, ~ The foregQi'l9.1nstrument was ack t i day of ocroBER ,19~, by who is personally known to me and (~~ . NOTARY \ "-~'('i'1!-J.':, (:J"'~':""~ ~. PUBU~)<I L.~,"~I~L By ~vl v.,., ~\.' JPc<F No. CC3920D6 '-9l" f\~:; , , -'- ; decide to ~ IItr era made II ltiIiM mMII .NIr- Ings, thef wII .... . 01 the ~.... IUch purp08l, ~ ....10 In- lure thllt . Nclord 01 the proceedings 18 made, which Includes the ti8tlmony and evi- dence upon which thli lIIlIl88Ila baaed, per Section 288.0105 F.S. CSE1178102 OCT.08.1996.