HomeMy WebLinkAboutOrdinance No. 2011-29 �f
(Title: An ordinance amending Appendix B — Subdivisions, requiring sidewalks along all
streets, and deleting reference for requirements for sidewalks only for curb and gutter
streets.)
ORDINANCE NO. 2011-29
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF FRIENDSWOOD,
TEXAS, APPENDIX B, "SUBDIVISIONS", SECTION III,
"GENERAL REQUIREMENTS AND DESIGN CRITERIA",
SECTION K. "PUBLIC USE AND SERVICE AREAS",
SUBSECTION 3, "SIDEWALKS", BY REVISION TO i
REQUIRE SIDEWALKS FOR ALL STREETS, , BY l
DELETING THE REFERENCE FOR SIDEWALKS ONLY
FOR CURB AND GUTTER STREETS; PROVIDING A
PENALTY IN AN AMOUNT NOT TO EXCEED $500, OR
OTHERWISE PROVIDED BY LAW; BY REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES
INCONSISTENT OR IN CONFLICT HEREWITH AND
PROVIDING FOR SEVERABILITY.
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WHEREAS, the City Council of the City of Friendswood is continually reviewing the
provisions of the City Code of Ordinances (Code) relating to subdivisions, land use and other
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circumstances which generally impact the health, safety and well-being of residents, citizens and
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inhabitants; and
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WHEREAS, the Planning and Zoning Commission of the City of Friendswood ha Is
received input from staff, is of the opinion and has issued its recommendation that the
amendments hereto are necessary for uniform requirements under the Code, for protection of thle
residents and for the protection of the public safety, health and welfare; and
WHEREAS, all public notices have been posted and published and all required hearings)
on this matter have been held in accordance with law and City Council deems it appropriate to
make the revisions contained herein; now, therefore;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,,
STATE OF TEXAS:
Section 1. FINDINGS OF FACT.
The facts and matters set forth in the preamble of this Ordinance are hereby found to be,
true and correct.
Section 2. Amendment to the Friendswood City Code, Appendix B,
"Subdivisions", Section III, "General Requirements and Design Criteria", Section K. "Public
Use and Service Areas", Subsection 3, "Sidewalks". i
The Friendswood City Code, "Appendix B — "Subdivisions", Section III. "General,
Requirements and Design Criteria", Section k, "Public Use and Service Areas", Subsection 3
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"Sidewalks", is hereby amended as follows: i
Section III.—General requirements and design criteria.
k. Public use and service areas.
3. Sidewalks. Sidewalks are required along all [eur-b and-gutte streets.
(a) Exception: Sidewalks shall not be required in single-family residential
(SFR) 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 sidewalksf
(c) If a plat is required, the developer, prior to the city's final acceptance If
the infrastructure, must install sidewalks along reserves and right-of-ways prior to
the city's final acceptance of the infrastructure.
Ord 2011-29 2
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(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,!
subsection V.c. the'
City
(f) When sidewalks are required, they shall be built in accordance with
City of Friendswood Design Criteria Manual and Standard Construction Details.
Section 3. PENALTY CLAUSE; INCLUSION INTO THE CODE
This Ordinance is hereby incorporated into and made a part of the Friendswood City
Code. Violation of this Ordinance is subject to the penalty section of said Code and Ordinance;
Section 1-14 "General penalty for violations of Code; continuing violations," which provides
that any person who shall violate any provision of this Ordinance shall be deemed guilty of
misdemeanor and, upon conviction, shall be fined in an amount not more than Five Hundred
Dollars ($500.00) per offense, or as otherwise provided by law. Each day of violation shall
constitute a separate offense.
Section 4. REPEAL OF CONFLICTING ORDINANCES.
All ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent
of such inconsistency or conflict,hereby repealed.
Section 5. SEVERABILITY.
In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, it
part of this Ordinance or the application of the same to any person or circumstance shall for any
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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 01 f
Ord 2011-29 3
Friendswood, Texas, declares that it would have passed each and every part of the samel
notwithstanding the omission of any 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 6. NOTICE BY PUBLICATION
The City Secretary shall give notice of the enactment of this Ordinance by promptly
publishing it or its descriptive caption and penalty after final passage in the official newspaper of
the City; the Ordinance to take effect upon publication.
PASSED AND APPROVED on first reading this 12th day of September ,2011.
PASSED, APPROVED, and ADOPTED on second and final reading this 3rd day'
of October .,2011.
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David J. I• S ith
Mayor
ATTEST: OF FR1EIyOs
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Melinda Welsh, TRMC top
City Secretary qTF OF I
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Ord 2011-29 4 i
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