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Home My WebLink AboutOrdinance No. 2024-22 ORDINANCE NO. 2024-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS,AMENDING CHAPTER 70"STREETS,SIDEWALKS,AND OTHER PUBLIC PLACES," ARTICLE III "CONSTRUCTION," SECTIONS 70-77 "RESTRICTED AREA,"70-79"MAXIMUM PLANT HEIGHT,"70-80"MINIMUM BRANCH HEIGHT ABOVE STREET GUTTER FLOW LINE" AND 70-81 "EXTENDING INTO STREET" OF THE FRIENDSWOOD CITY CODE TO REVISE THE PERMITTED HEIGHT OF PLANTS, TREES, AND BRANCHES IN AND OVER RESTRICTED AREAS, INCLUDING VISIBILITY TRIANGLES AND OVER TRAVELED PUBLIC WAYS; PROVIDING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY,PUBLICATION AND AN EFFECTIVE DATE. ************************************************************************************* WHEREAS,the City of Friendswood,in its efforts to protect the public health,safety and welfare, desires to increase public safety by further regulating traffic impairments caused by the growth of trees and vegetation in areas that cause visibility obstructions for drivers of motor vehicles; and WHEREAS, for the same purposes, the City desires to increase vertical clearance of vegetation overhanging sidewalks and roadways in the City to ensure that such limbs do not interfere with pedestrian or traffic safety, as failure to have sufficient clearances may cause debris on the roadway, traffic delays, accidents and injuries; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,STATE OF TEXAS: Section 1. The facts and matters set forth in the preamble of this ordinance are hereby found to be true and correct. Section 2. That Chapter 70 "Streets, Sidewalks, and Other Public Places," Article III "Construction," Section 70-77 "Restricted area,"of the Friendswood City Code is hereby amended to read as follows: CHAPTER 70. STREETS,SIDEWALKS,AND OTHER PUBLIC PLACES ARTICLE III. CONSTRUCTION Sec.70-77.Restricted area. The areas in the city where construction and vegetation are restricted under sections 70-78 through 70-80 are as follows: (1) All of that portion of land lying within a triangular shaped area on each street corner within the city described by metes and bounds as follows: Beginning at the precise corner of intersection point of the curbs of each of the two streets intersecting, forming each corner and extending 20 feet along each such curbline from such curb intersection point,the third side being determined by the drawing of a straight line from the ends of each such 20-foot extension, all as more fully portrayed by the sketch set out in this section (whether such land is privately owned or unpaved or untraveled street right-of-way property). (2) Where no curbs are in existence at such street intersections, such 20-foot lines shall coincide with the central flow line of the ditches paralleling such uncurbed streets(as such central flow line shall be determined by the city engineer). (3) Trees shall not be planted in public utility easements or public street rights-of-way without the prior written approval of the City Engineer. Section 3. That Chapter 70 "Streets, Sidewalks, and Other Public Places," Article III "Construction," Section 70-79 "Maximum plant height" of the Friendswood City Code is hereby amended to read as follows: CHAPTER 70. STREETS,SIDEWALKS,AND OTHER PUBLIC PLACES ARTICLE III. CONSTRUCTION Sec. 70-79.Maximum plant height. No property owner shall plant, grow or maintain or cause to be planted, grown or maintained in any area restricted under section 70-77 any plant, hedge, shrub or other growth, except trees as provided for in section 70-80, at a height greater than three feet(3')from the street gutter flow line. Section 4. That Chapter 70 "Streets, Sidewalks, and Other Public Places," Article III "Construction," Section 70-80 "Minimum branch height above street gutter flow line" of the Friendswood City Code is hereby amended to read as follows: CHAPTER 70. STREETS,SIDEWALKS,AND OTHER PUBLIC PLACES ARTICLE III. CONSTRUCTION Sec.70-80.Minimum branch height above street gutter flow line. Any trees planted,grown and maintained in any area restricted under section 70-77 shall not have branches or foliage extending from the trunk thereof at a height lower than ten feet (10') from the street gutter flow line. Section 5. That Chapter 70 "Streets, Sidewalks, and Other Public Places," Article III "Construction," Section 70-81 "Extending into street" of the Friendswood City Code is hereby amended to read as follows: CHAPTER 70. STREETS,SIDEWALKS,AND OTHER PUBLIC PLACES ARTICLE III. CONSTRUCTION Sec.70-81.Extending into street. No property owner shall permit the growth of any tree limbs that extend over the curb and gutter into the street at an elevation lower than fifteen feet(15')above the traveled portion of such street. Section 6. A violation of this ordinance is subject to the penalty provisions contained in Section 1-14 of the Friendswood City Code and as otherwise provided by law. Any person who shall 2 intentionally,knowingly, recklessly,or with criminal negligence fail to comply with any provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed FIVE HUNDRED AND NO/100 DOLLARS ($500.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. Section 7. That all ordinances or parts of ordinances in conflict or inconsistent with this ordinance are hereby expressly repealed. Section 8. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this ordinance or the application of the same to any person or circumstance 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,or whether there be one or more parts. Section 9. The City Secretary shall give notice of the enactment of this ordinance by promptly publishing the caption of this ordinance after final passage in the official newspaper of the City. Section 10. This ordinance shall take effect ten(10)days from and after its passage on second reading by the City Council of the City of Friendswood,Texas,and its publication in the official newspaper of the City. INTRODUCED,READ,AND PASSED on first reading by the affirmative vote of the City Council of the City of Friendswood this 1St day of July,2024. Iiall d� //ILA KE FO'. • ayor ATTE ` : ° 00.1k.-% 0 _, .. ,,.,,,t.:„. 0 LETICIA BRYSCH,City i ary rn U 1 s *- APPROVED AS TO FORM: `S>,q E OF +P -481(pneudt) KAREN L.HORNER, City Attorney 3 INTRODUCED, READ,AND PASSED by the affirmative vote of the City Council of the City of Friendswood on second and final reading this 5th day of August, 2024. IKE F , Mayor ATT T: LETICIA BRYSCH,City Secre ok1ENDsh, AttiTeLy- O APPROVED AS TO FORM: r � r , S'i? \e' rkg)i) logg ATE 0' KAREN L.HORNER,City Attorney H:\City Council\Ordinances\2024\06-03-2024\Ordinance-Tree and Landscaping Restrictions.docx 4