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Home My WebLink AboutORD 2092 Amending chapter 18 re Curbs, Gutters, Driveways and SidewalksCity of West University Place Harris County, Texas ORDINANCE NO. 2092 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AMENDING CHAPTER 18, BUILDINGS AND DEVELOPMENT, ARTICLE II, GENERAL REGULATIONS, SECTION 18-62, CURBS, GUTTERS, SIDEWALKS, AND CHAPTER 70, STREET AREAS AND PUBLIC PLACES, ARTICLE III, SIDEWALKS, SECTION 70-58, SIDEWALKS REQUIRED, RENAMING SAID ARTICLE DRIVEWAYS AND SIDEWALKS AND ADOPTING A NEW SECTION 70- 60, GENERAL DRIVEWAY AND SIDEWALK REQUIREMENTS, OF THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, TO REVISE THE CRITERIA FOR CONSTRUCTING DRIVEWAYS AND SIDEWALKS WITHIN THE CITY AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, THAT: Section 1. Chapter 18, Buildings and Development, Article II, General Regulations, Section 18-62 of the Code of Ordinances of the City of West University Place, Texas is amended by the repeal of the existing Section 18-62 and the adoption of a new Section 18-62 to read as set out in Appendix A, attached hereto. All other portions of Chapter 18 of the Code of Ordinances not specifically amended hereby remain in full force and effect. Section 2. Chapter 70, Street Areas and Public Places, Article III, Sidewalks, of the Code of Ordinances of the City of West University Place, Texas is amended by the renaming of said Article as Driveways and Sidewalks, the repeal of the existing Section 70-58 and the adoption of a new Section 70-58 as well as the adoption of a new Section 70-60 all to read as set out in Appendix B, attached hereto. All other portions of Chapter 70 of the Code of Ordinances not specifically amended hereby remain in full force and effect. Section 3. All ordinances and parts of ordinances in conflict with this Ordinance are repealed to the extent of the conflict only. Section 4. If any word, phrase, clause, sentence, paragraph, section or other part of this Ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this Ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this Ordinance to any other persons or circumstances, shall be affected thereby. Section 5. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this Ordinance was discussed, considered or acted upon was given in the manner required (00208214.docx I by the Texas Open Meetings Act, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 6. This Ordinance takes effect immediately upon its passage and adoption on second reading. ASSED, APPROVED AND ADOPTED ON FIRST READING on th'�day of , 2020. PASSED, APPROVED AND ADOPTED ON SECOND READING, AND SIGNED, on the day of , 2020. � 1 b1Y/kE9 i to Signed: City Secretary (Seal) Mayor r�xAS Recommended: City anager Approved as to legal form City Attorney {00208214.docx ; Appendix A Sec. 18-62. - Curbs, gutters, sidewalks. (a) Required for Major Development or Substantial Improvement. (1) It shall be the duty of each permittee for any Major Development or any Substantial Improvement (as those terms are defined by Sections 1-3 and 18-272, of this Code, respectively) to provide new sidewalks along all streets abutting the building site (front, side and rear), including streets outside the City limits. Such sidewalks are required to satisfy the criteria contained in Chapter 70 of this Code as well as the Texas Accessibility Standards. (2) It shall be the duty of each permittee that damages or removes any previously existing curb or gutter along any street abutting the building site to replace or repair such curb or gutter. (b) Exceptions. (1) No sidewalk shall be required to be installed by a permittee adjacent to a building site if a sidewalk did not previously exist adjacent to the building site. (2) The foregoing exception does not limit the authority of the City Council to require sidewalks under Chapter 70 of this Code or other applicable regulations. (c) Permit details. The building permit application for each major development or substantial improvement must clearly illustrate the work necessary to comply with this section, and all required work on sidewalks, curbs and gutters must be completed within the time allowed for completion of the major development or substantial improvement. 100208214.docx t Appendix B Article III, Driveways and Sidewalks. Sec. 70-58. - Sidewalks required. Sidewalks are required in the City and shall be designed in accordance with the requirements of this Code, the City's Standard Driveway and Sidewalk Details attached as Appendix A to this Article and the Texas Accessibility Standards. Sec. 70-59. - Change of street, sidewalk grade or line. This Section applies to projects where the City changes or alters the lines or grades of streets or sidewalks. The City may make such changes without liability to abutting owners or others on the part of the City by reason of said change. If the line or grade of a sidewalk is changed, but is in good condition and does not, in the opinion of the Building Official require entire reconstruction, the owner or owners of the abutting property may be given notice to: (1) Break said sidewalk back to a point fixed by the Building Official; and (2) Remove the broken portion and reconstruct said portion on the line and grade determined by the Building Official, at the cost of said owner. This work may be required, and the cost may be assessed, in the same manner as other work on sidewalks. Sec. 70-60. General Driveway and Sidewalk Requirements. (a) Where there are tree canopies overhanging any portion of a sidewalk to be constructed, a root protective layer of 6 mil poly shall be placed on top of the ground under the rebar to protect any tree root system that could be damaged by the sidewalk concrete. No tree roots of 1 -inch diameter or larger shall be cut or damaged by the sidewalk construction without approval of the Urban Forester. (b) No water meters, water valves, hydrant valves or cleanouts shall be installed in paved areas unless approved in writing by the Building Official. (c) On side street entry garages, the garage door must be a minimum of 18 feet from the property line abutting the side street. (d) Any driveway parking space required by the City's Zoning Code shall not encroach into the street right-of-way. (e) Sidewalks shall run parallel to the curb and be located at or as near the property line as possible unless otherwise approved in writing by the Building Official. (f) The Building Official may approve the use of decomposed granite in place of concrete upon the request of a property owner if the Urban Forester determines that the use of decomposed granite is necessary to preserve a protected tree, the property owner agrees to maintain the decomposed granite and the property owner agrees to replace the decomposed granite with concrete should the protected tree die or be removed. (00208214.docx ) N (oazaszia.aocx )