Loading...
HomeMy WebLinkAboutOrdinance No. 2008-07 (Title: An ordinance amending the subdivision regulations of the city to provide for payments in lieu of sidewalk installation and creation of a sidewalk installation fund.) ORDINANCE NO. 2008-01 AN ORDINANCE AMENDING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE NO. 2000-01, AS AMENDED, ORIGINALLY ADOPTED THE 17TH DAY OF DECEMBER, 2000, BEING APPENDIX B OF THE FRIENDSWOOD CITY CODE, AND BEING AN ORDINANCE PROVIDING RULES AND REGULATIONS GOVERNING PLATS AND THE SUBDIVISION OF LAND, BY AMENDING SECTION V THEREOF BY ADDING A NEW SUBSECTION (C) TO AUTHORIZE PAYMENTS IN LIEU OF SIDEWALK INSTALLATION AND CREATION OF A SIDEWALK INSTALLATION FUND; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, \ STATE OF TEXAS: �.l Section 1. City of Friendswood, Texas, Ordinance No. 2000-01, as amended, originally adopted the 17th day of December, 2000, same being Appendix B of the Friendswood City Code, same also being an ordinance providing rules and regulations governing plats and the' subdivision of land, is hereby amended as set forth below. Words being deleting are indicated b brackets, with strike-through, as follows: "[deleted]." Words being added are indicated b, underline, as follows: "underline." APPENDIX B, Section V. "Required Improvements" is amended by adding a new subsection(c)to read and provide as follows: "Section V. Required improvements. C. Sidewalk Installation Fund. 1. Payment in lieu of sidewalk installation. Where a sidewalk is required by the City of Friendswood design criteria manual, subdivision ordinance, or zoning ordinance, and the installation at the required time is not feasible. the City may require, or the property owner may petition the Planning and Zoning Commission to allow, the property owner to satisfy the sidewalk requirement by payment of a fee to the City's Sidewalk Installation Fund in lieu of installing the approved sidewalk. Said payment shall be at the current rate of construction per square foot or square yard of sidewalk at the time of application, and such rate shall be determined by surveying local construction bid prices, TxDOT bid prices and any other available bid_price information, and shall be the average of comparative prices from at least i three such sources. 2. Sidewalk Installation Fund. There is hereby established a special fund for the deposit of all sums paid in lieu of sidewalk installation under this section or any preceding ordinance, which fund shall be known as the "Sidewalk Installation Fund." Funds shall only be released from the Sidewalk Installation Fund upon city council approval of a plan to utilize the funds to build sidewalks at the location from which the funds originated. 3. Timing of payment of fees in lieu of sidewalk installation. Where plat approval I is required as per section 1(b) of Appendix B, "Subdivision", sidewalks shall be required to be installed at the time of construction of the appropriate street I pavement. Where plat approval is not required, sidewalks must be installed before the property owner applies for a certificate of occupancy. Payment of fees in lieu of sidewalk installation shall be due at the time of construction of the appropriate street pavement or application for certificate of occupancy, as appropriate. Where payment of fees in lieu of sidewalk installation for the entirety of a phased development is planned, such payment may be made in full for all phases of the proposed development at the time of filing of the plat for the first phase, or payment of fees in lieu of sidewalk installation for each section of a phased development may be made at the time of filing of the final plat for each phase or section, at the discretion of the developer. No improvements shall be accepted until the fees in lieu of sidewalk installation have been paid in full. 4. Time limit/refund. The city shall account for all sums paid in lieu of sidewalk installation under this section with reference to the individual plats involved. Any, funds paid for such purpose must be expended by the city within ten years after the filing of the final plat, or the filing of the final plat of each phase or section of the contributing subdivision, if a phased development. If all the funds cannot be committed within the initial ten year time period, the director of community development may request a time extension for a period not to exceed an additional ten years for the expenditure of the funds from the city council. The extension request(s) shall be submitted in writing to the city council at least 60 days prior to the expiration period for the funds to be committed by the city, and shall include a Ord.2008-07 2 J detailed justification for the extension request(s). If not so expended, the owners of the property on the first day of such ten year period shall be entitled to a pro rata refund of such initial sum (principal only), computed on a square footage of area basis. The owners of such property must request such refund within one year of entitlement. Such request must be made in writing to the city manager or his designee or such right shall be barred." Section 2. Any person who shall willfully, intentionally, or with criminal negligence violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000. Each day of violation shall constitute a separate offense. Section 3. In the event any clause phrase,provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. PASSED AND APPROVED on first reading this 3rd day of March,2008. PASSED, APPROVED, and ADOPTED on second and final reading this 24th day of March,2008. David J.H. Smith ATT T: pF AID j �I♦` O De oris McKenzie,T City Secretary �tF OF SF� I Ord.2008-07 3