HomeMy WebLinkAboutOrdinance No. 2008-19 (Title: An ordinance amending Chapter 70— "Streets, Sidewalks, and Other Public
Places," of the Code of Ordinances of the City of Friendswood, and Appendix B
"Subdivisions," by amending provisions relating to sidewalk references.)
ORDINANCE NO. 2008-19
AN ORDINANCE AMENDING ARTICLE HI OF CHAPTER 70 — "STREETS, I
SIDEWALKS, AND OTHER PUBLIC PLACES" AND AMENDING
APPENDIX B "SUBDIVISIONS" BY AMENDING CERTAIN PROVISIONS
PERTAINING TO SIDEWALKS; PROVIDING A PENALTY OF AN
AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF
ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the City of Friendswood staff and Planning & Zoning Commission have
reviewed references to "sidewalks" in the City Code and Subdivision Ordinance and have
determined that certain provisions need to be amended to provide consistency; and
WHEREAS, said provisions and text changes are necessary to provide additional
—� protection of the health, safety and general welfare of the residents of Friendswood and the
general public;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FRIENDSWOOD, STATE OF TEXAS: I
Section 1. The Code of Ordinances of the City of Friendswood Chapter 70 "Streets,
Sidewalks, and Other Public Places," is hereby amended as set forth below. Words being
deleting are indicated by brackets, with strike-through, as follows: "[deleted]." Words being
I
added are indicated by underline, as follows: "underline."
"Chapter 70 STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES*
ARTICLE III. CONSTRUCTION*
Sec. 70-54. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Sidewalk means the minimum paved walkway, built in conformance with the City of
Friendswood Design Criteria Manual and Standard Construction Details, located within
the public right-of-way, or easement dedicated for public use, which provides continuous
pedestrian access to adiacent land. means that pe..taen of a street between the a .~l.linen
the lateral lines of a eadway, and the aAiaee..t p pert., lines intended- for 0;e- use of
pedestrians.
edfiveways, sidewalks, private stfeets,-
pafk4ag
the eity
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See. 70-55. Reserved.
Sec. 70-59. Standards for design and construction.
the efty There are hereby approved and adopted the folleming draAings, whieh have been appr-eved�I-y
sidewalks, o ..d.nf gutters, parking lets and alleys!y �
_.' The following will be built in conformance with the City of Friendswood Design Criteria
Manual and Standard Construction Details:
(1) Driveway geometric design standards (a~am4ng number 7 1`
(2) Off-street parking lots (dfa..4ng number 7 12`
(3) Change of type "B" inlets for construction of driveways (dra..a.,b,....ffnbe~74 3`
I
(4) Type "D" inlets (drawing number 74 )
(5) Standard curb and gutter section(drawing number 74 5)
(6) Construction notes for sidewalks, driveways, curbs and gutters (revise
71 6 for eurbed t5Te st~eetne number'7 drayAng ^ 7 for open diteh t-)Te stneetn\
(7) Standard requirements for paving public alleys (drawing number 7 8)
(8) Island construction for continuous culvert pipe (drawing number 7 9)
EditnF's
�entary's effie
. I
Sec. 70-60. Plot plan required.
A plot plan shall be prepared to scale and presented to the city manager showing the following
information:
(1) All proposed driveways and sidewalks shall be shown in detail and shall conform to the
standards for design and construction set f~tl, i., neetio 70 59. in conformance with the City
of Friendswood Design Criteria Manual and Standard Construction Details.
(2) All existing driveways and sidewalks shall be shown as they exist on the ground, showing
the driveway width and design.
Ord.2008-19 2
(3) Existing conditions between the right-of--way line and the traveled roadway, including but ,
not limited to curbs, ditches, storm sewer inlets, manholes, utility poles, fire hydrants, traffic
control and directional signs, and trees.
(4) When private property being developed fronts a "T" intersection street, the complete
intersection must be shown on the plot plan.
(5) When private property is being improved with add-on construction, remodeling,
accessories, repairs, erection of building parking lots or any other improvements, and all '
existing onsite conditions shall be shown on the plot plan.
(6) Cross sections, as applicable, of proposed driveways and sidewalks, either or both, shall
be shown on the plot plan. When such cross sections are shown elsewhere in a set of drawings,
reference to the sheet number shall be noted on the plot plan.
See. 70 64. Side..,,.,�'
Sidewalks shall be r rea t be . nstmetea v4thin all distrie# .. .ea n i and along .
thoroughfareexisting eurb t)Te major-
mithin the eity, where euFbed, vAll als;R fall vAt—Wn the seepe of this requirement, subjee
state review of plans and speeffleatiens as set fei4h in seetion 70 58. Sidewalks will be requ:
in .1istriets ne,7 _SFRR-B those streets sheym as major thoroughfares on the majoF
thoroughfare plan;
See. 70-64. Sidewalks required.
Sidewalks are required alone all curb and gutter streets.
(1) Exception: Sidewalks shall not be required in Single Family Residential (SFRI
and Single Family Residential Estate (SFR-E) districts where open ditch streets are
approved.
(2) Sidewalks may not be required when in the iudgment of the Planning and Zoning
Commission,the safety of the pedestrians does not require such sidewalks.
(3) If a plat is required, the developer, prior to the City's final acceptance of the
infrastructure, must install sidewalks along reserves and right-of-ways prior to the City's
final acceptance of the infrastructure. j
(4) If no platting or infrastructure construction is required, sidewalks must be installed
prior to issuance of the final certificate of occupancy of the structure.
(5) If sidewalks are 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 per Appendix B, Subdivision Ordinance of the City of Friendswood Code of
Ordinances,Section V.c. 1
(6) When sidewalks are required, they shall be built in accordance with the City of
Friendswood Friendswood Design Criteria Manual and Standard Construction Details Criteria Manual and Standard Construction Details.
Ord.2008-19 3
Section 2. 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 byl
brackets, with strike-through, as follows: "[deleted]." Words being added are indicated by
underline, as follows: "underline."
A. Appendix B, Section I, is hereby amended as follows:
Section I. General.
a. Purpose : The purpose of this section is to establish the procedures and requirements for
the submittal, review, consideration and action by the commission to provide the necessary
details and orderly processing of the subdivision of land within the City of Friendswood and its
extraterritorial jurisdiction.
17. Private streets : A right of way or accessway, meeting all requirements of public streets;
except owned and maintained by private interests.
18. Public sidewalk: Minimum 3uf foot eanerete paved walkway. built in conformanc
with the City of Friendswood Design Criteria Manual and Standard Construction
Details, located within the public right-of-way, or easement dedicated for public use, which
provides continuous pedestrian access to adjacent land. Sidewalks
elear4y.. ...:marked A. .....,t.as fi-...pa-,,iRg materials o painted striping.
yr "
B. Appendix B, Section III, is hereby amended as follows:
Section Ill. General requirements and design criteria.
a. The subdivision shall conform to the comprehensive plan of the city, as well as all duly
adopted design criteria of the city, which shall be kept on file with the city engineer and be
available to the public. The city engineer shall maintain the design criteria and propose suer
changes to them from time to time so that they are equivalent or more stringent than those in
the area.
d. Buffering major thoroughfares.
Ord.2008-19 4
1. Where a subdivision abuts or contains an existing or proposed arterial street, the
commission may require marginal access streets, reverse frontage with screen planting i
contained in non-access reservation along the rear property line, deep lots with rear service
alleys, or such other treatment as may be necessary for adequate protection of residential
properties and to afford separation of through and local traffic. If landscaping or berming is
used as a buffer between the major thoroughfare and residential property uses, the subdivider
shall provide a ten-foot landscape easement along the major thoroughfare according to the
major thoroughfare plan and shall construct sidewalks thereon in accordance with thisekapter
and the c. ffent design eriteri the City of Friendswood Design Criteria Manual and
Standard Construction Details.
2. Reserve strips controlling access to streets shall be prohibited except where their control is
definitely placed in the city under conditions approved by the commission.
J. Building setback lines. Building setback lines shall conform to the latest zoning ordinance.
1. Sidewalks. Sidewalks are required exeept when in the judgment of the eaffHrAssion the
safiaty of the pedestrians does not require sueh sidewalks. Mien sidewalks are required,—they
shall have .. ,AAA, of not less than F of feet.
k. Public use and service areas.
3. Sidewalks. Sidewalks are required along all curb and gutter streets.
(a) Exception: Sidewalks shall not be required in Single Family Residential (SFR)I
and Single Family Residential Estate (SFR-E) districts where open ditch streets are
approved.
(b) Sidewalks may not be required when in the judgment of the Planning and
Zoning Commission,the safety of the pedestrians does not require such sidewalks.
(c) If a plat is required, the developer, prior to the City's final acceptance of th
infrastructure, must install sidewalks along reserves and right-of-ways prior to the
City's final acceptance of the infrastructure.
(d) If no platting or infrastructure construction is required, sidewalks must be
installed prior to issuance of the final certificate of occupancy of the structure.
(e) If sidewalks are 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 per Appendix B, Subdivision Ordinance
of the City of Friendswood Code of Ordinances, Section V.c.
(f) When sidewalks are required, they shall be built in accordance with the City of
Friendswood Design Criteria Manual and Standard Construction Details.
4. -3-. Platting of public streets or easements across private easement fee strips.
Ord.2008-19 5
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(a) A copy of the instrument establishing any private easement shall be submitted with the
preliminary plat.
(b) Easement boundaries must be tied by dimensions to all adjacent lot and tract corners.
Where the private easement has no defined location or width, an effort shall be made to reach
agreement on a defined easement.
(1) No residential, commercial or industrial structure other than structures necessary to
operate the pipeline shall be erected or moved to a location nearer than 50 feet to any
pipeline except low-pressure distribution system pipelines as defined in chapter 26, of the
Friendswood City Code.
(2) No residential, commercial or industrial structure shall be permitted to be built
nearer than 150 feet from any well or related facility other than structures necessary to
operate the well or facility.
(c) Prior to approval of the final construction plans by the city engineer, the subdivider of any
subdivision plat wherein public streets or easements are shown crossing private easements or
fee strips shall, by letter to the city, assume responsibility for seeing that any adjustments and
protection of existing pipelines, electrical transmission lines, or other facilities shall be planned
and provided for to the satisfaction of the holder of the private easements or fee strips and the
city prior to the filing of the plat for record.
(d) Prior to filing the final plat for record,the following requirements shall be met:
1. The developer or dedicator of any plat shall obtain from the holder of any private
easement or fee strip within the plat, crossed by proposed streets or other public
easements, an instrument granting to the public the use of said public streets or easements,
over and across said private easements or fee strips for construction, operation and:
maintenance of those public facilities indicated. This instrument shall be delivered with
the plat.
2. The developer shall furnish the commission with a letter from the holder of the
private easements or fee strips in question, stating that arrangements for any required
adjustments on pipelines, electric transmission lines or other similar facilities have been
made to the satisfaction of the holder of the easement.
3. Community assets. When considering the placement of streets and utilities within
proposed subdivisions, the developer shall preserve all natural features such as large
trees, watercourses, historical spots, and similar community assets which will add
attractiveness and value to the property unless such preservation results in an economic
penalty of such magnitude that development of the land is infeasible.
(e) Compliance with density requirements for type of development. No plat shall be approved
for the subdivision of land unless such plat reflects and satisfies the minimum open space
(density) requirements for the particular type of development proposed (i.e., single family,
commercial, industrial), as provided in the zoning regulations of the city.
(f) Street lighting, Signage and Signalization.
1. Street lighting shall be provided in accordance with the City of Friendswood
streetlight policy. A proposed street lighting plan shall be indicated on a copy of the final
plat of the subdivision which has been approved by the commission. The proposed street
lighting plan shall be submitted together with the construction plans for public
improvements required in by article IV of this chapter.
2. The developer shall be required to provide and install all traffic signage and
signalization determined by the city to be necessary because of the construction of the
Ord.2008-19 6
proposed subdivision. All signs and signals shall be provided in accordance with the
Texas Manual of Uniform Traffic Control Devices and shall be erected prior to
acceptance of the streets by the city."
Section 3. 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 4. All ordinances that are in conflict with the provisions of this ordinance
shall be, and the same are hereby repealed and all other ordinances of the City of Friendswood
not in conflict with the provisions of this ordinance shall remain in full force and effect. In the 1
event any clause, phrase, provision, sentence or part of this ordinance or the application of the
I
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 of 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 16`h day of June,2008.
PASSED, APPROVED AND ADOPTED on second and final reading this 7`h day of
July,2008. 6:
David J. H. Smith
M
AT IT: fRift,
l �o
De oris McKenzie, TRMC v
City Secretary
OF
Ord.2008-19 7