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HomeMy WebLinkAboutOrd 1704 - sidewalks, curbs and gutters r Ordinance No. 1704 AN ORDINANCE RELATING TO SIDEWALKS, CURBS AND GUTTERS WHEN THERE 15 MAJOR DEVELOPMENT OR REMODELING; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, work on the plans and specifications for the City~s sidewalk program has begun, but construction will not be completed for many months; WHEREASf current ordinances require new sidewalks on sites when there is major development or remodeling; and WHEREAS, the City Council desires to establish an orderly and non-wasteful method for providing sidewalks on sites where major development or remodeling occurs in the interim period, between now and the completion of he City's sidewalk program; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. Section 6.411 (entitled uCurbs, gutters, sidewalks) of the Code of Ordinances of the City of West University Place, Texas is hereby amended to read in its entirety as set out in Appendix A, which is attached and made a part of this ordinance. Section 2. This Ordinance applies from and after the Effective Date. Any violations committed before the Effective Date are governed by the ordinances in effect immediately before the Effective Date (HPrior Ordinances")~ If permits (including similar approvals) are affected by this Ordinance, this Ordinance shall generally apply to and govern those applied-for on or after the Effective Date. However, the Prior Ordinances shall apply to and govern any such permit (and the activities authorized by such a permit) if: (i) the application for the permit is completed and filed before the Effective DateJ with all plans, information, fees, etc., (ii) the permit is actually issued on the bas [s of that application, and (iii) the permit is not allowed to expire, and is not terminated or revoked, thereafter (although it may be renewed or extended in the usual manner1 if any, allowed for that type of permit). The Prior Ordinances are continued in effect for the purposes mentioned in this section. 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 All ordinances and parts of ordinances in conflict with this Ordinance are repealed to the extent of the conflict only.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, paragrapht 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 jurisdictionr neither the remainder of this Ordinance, nor the application of such word, phrase, clausef sentence, par9graph, 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 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 thereat Section 6. This Ordinance shall take effect on the tenth day following its publication (the UEffective Date"), as provided in the City Charter~ . PASSED AND APPROVED on first reading o~~ h , ;,>t!:l::J/. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: PASSED AND APPROVED on second reading ~~ .3 , ;;Jt9O/. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Attest: (Seal) Reviewed: City Attorney Recommended: ~ City nager c11 01 :\54osidewalkfund Appendix A Sec. 6.411. Cn r bs, gutters, sid e,vall{S. (a) Requiredfor major developlnent, relnodeling. It shall be the duty of each pennittee for any ll1ajor develoPlnent or any 11lajor relllodeling to: (1) prov ide new s.i dewalks along all streets abutting the bu i lel ing site (front, side and rear), including streets outside the city litnits, Ineeting all criteria for forIllal acceptance by the City for .Iuaintenance (see Chapter 19 of this Code) and other applicable regulations; and replace or repair all previously existing curbs and gutters along streets abutting the bu i ld ing site (front, s ide and rear) (i net udi ng streets outs i de the city ] i 111 its)~ S(I that~ if practicable, such facilities will function like nevv faci I hies and \Vl I] appear to be sound. In additiol1"l for any site for which the Build.iug Official certifies that an official City sidewalk plan is . being prepared but the actual construction has not yet occurred, the pe.nnittee and the owner of the site Inust .iointlv sign and deliver to the City a fOfll1al acknowledglnent that: (i) they are aware that the plan is being prepared, (ii) they agree to adjust,! retTIove and replace all sidewalks abutting the site (includ ing any related Inodifications to curbs and gutters), including existing and new~ to conforn1 to the pl.an vvhen it is adopted, and (i.i-i) such obligation shall "run with the land" and bind future owners of the sitec Such \\fork shall be done pro111ptly upon receipt of notice fronl the City. The notice lllllst specify the work necessary to conforu1 to the plan~ Note: See the special provision for interilTI vvaivers of this requirenlent~ belo\v. (b) Exceptions. (1.) (2) (4) (5) (6) (2) No sidewalk is required along the rear of a site containing at least 5,000 square feet and llsed for single-falnily (detached) residential purposes; if the rear lies a.long a Inajor thoroughfare~ and there are no existing sidewalks a.long the sanle side of the lnajor thoroughfare within 50 feet of the site in question. If there is any existing sidewalk wh ich can be preserved or repaired. so that it "vi 11 lneet all criteria for fornlal acceptance by the City for rnaintenance (see Chapter 19 of this Code), function as a new facility and wi II appear to be sound, the Bu i lding Officiallnay allow it to be used instead of new constrl1ction~ In the case of a Inajor renlodeling, any required sidewaU< l11ay be o.l11itted if its fair lnarket value would exceed 100/0 of the fair ll1arket val ue of the other retTIodeling work. A sidewalk, curb or gutter is not requ ired if the Building Official detenl1 i nes 11 WQU Id calise a drainage problen1. or sinli.lar condition. A curb or gutter is not required if the .Bll.i Iding Official detern1ines that an official City plan calls for installation, reJTI.oval or reconstruction of the particular fac i.I i ty with in five years. A sidewalk is not required at a specific place if the Building Official deternl ines that an official City sidewalk plan specifically calls for no sidewalk at that place. EXalJlple: An adopted sidewalk plan calling for narrow street sections~ with sidewalks on one side on ly. The foregoing exceptions do not lituit the authority of the City Council to require sidewalks under Chapter 19 or other applicable regu lations. (3) (7) (c) Pern1it details. The building pernlit application for each luajor developnlent or Inajor retnodeling Blllst clearly illustrate the work necessary to cOlnply with this section, and all required vlork on sidewalks, curbs and gutters :ITIlIst be cOlnpletecl within the tillle allowed for c0111pletion of the 1118j or develoPlnent or 111ajor relTIodeling. (d) Interinl waivers. The Building Offici.al shall waive the requirelnents of this section for providing., replacing and repairing sidewalks (including any related 111odifications to curbs and ,gutters)~ if: ill an.. official City sidewalk plan is being prepared for the site in question~ but the actual constru cti 0 n has 11 ot yet ace urred ~ ill the cost of cOIDPliance with those requirenlents, as estiInated by the Buildin,g Official~ has been deposited by the pernlittee or owner into a special fund Inaintained for that purpose bv the Director of Finance~ and ill the pennittee and the owner of the site iointly sign and deliver to the City a farInal acknowledglnent that: (i) they have requested a waiver under this subsection; and (i-i) the owner agrees to provide any easenlent that 111ay be reasonably necessary to allow construction of sidevvalks under the offic in] C i t\.' sidewa.lk plan, while avoiding unnecessary harnl to qualified trees on or near the site~ and (ii i) such obligation shall "run with the lancP' and bind any future owners of the s ite~ and (iv) they understand the pray isions for refu nds (i:f an v"]. The Director of p.jnance shalllnaintain all funds deposited under this section and shall use then1~ to,gether with any interest earnings~ only to design; constrllct~ repair and repl.ace sidewalks (including any related . lllodifications to curbs and gutters) in the inl1ned.iate area of the site for which they were deposited. No refunds shall be lnade. Exception: If the offi.cial City sidewalk p lan~ as adopted and constructec1~ pray ides no sidewalk on a street adiacent to the site in question, the alTIOLInt deposited for a sidewalk on that street shall be refunded to the then-owner of the site'! but only jf that owner apD lies in writin g to the Director of Finance within four years following cOlllpletion of the City's sidewaU< construction at the site and provides proof of ownershipA The refund shall include. interest earnings, as estiInated by the .0 irector of Finance.