HomeMy WebLinkAboutOrdinance No. 2020-03 ORDINANCE NO.2020-03
AN ORDINANCE AMENDING APPENDIX B,
"SUBDIVISION ORDINANCE," "SECTION III.K.3 —
SIDEWALKS" TO ADD EXCEPTIONS TO SIDEWALK
REQUIREMENTS FOR EXISTING RESIDENTIAL
SUBDIVISIONS; PROVIDING A PENALTY FOR
VIOLATION IN AN AMOUNT NOT TO EXCEED $2000, OR
AS OTHERWISE PROVIDED BY LAW; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES
INCONSISTENT OR IN CONFLICT HEREWITH; AND
PROVIDING FOR SEVERABILITY.
* * * * * * * * * * * *
WHEREAS, the City Council of the City of Friendswood is continually reviewing the
provisions of the City Code of Ordinances, specifically including Appendix B of the Friendswood
City Code, ("Subdivision Ordinance")relating to the subdivision of land and other circumstances,
and;
WHEREAS, the City Council wishes to add exceptions to sidewalk requirements in
existing residential subdivisions; and
WHEREAS,the Planning and Zoning Commission and the City Council have conducted,
in the time and manner required by law and the City Code of Ordinances,public hearings on such
request, allowing all persons attending to be heard on the question of whether the changes of the
uses being requested would affect the public health, safety, or general welfare of the citizens of
Friendswood; and
WHEREAS, the Planning and Zoning Commission has filed its written report with City
Council, which recommends approval of the amendment; and
WHEREAS, City Council has determined that all public notices have been posted and
published, all required hearings on this matter have been held, and that this Ordinance complies
with the applicable provisions of the City Charter, City Code and all other applicable laws;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, STATE OF TEXAS:
Section 1. That the facts and matters set forth in the preamble of this Ordinance are hereby
found to be true and correct.
Section 2. That the City of Friendswood Code of Ordinances, Appendix B,
"Subdivisions", "Section III.k.3.Sidewalks" is hereby amended to read as follows:
3.Sidewalks. Sidewalks are required along all streets.
(a) Exception: Sidewalks shall not be required in single-family residential (SFR) and
single-family residential estate (SFR-E) districts where_
al open ditch streets are approved; or
(2) the subdivision was accepted prior to sidewalks being a required
improvement; or
(3) the property is an in-fill tract without an abutting sidewalk.
(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 the
infrastructure, must install sidewalks along reserves and rights-of-way 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 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,
Ord No. 2020-03 2
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 section V.i.3.
(f) When sidewalks are required, they shall be built in accordance with the city design
criteria manual and standard construction details.
(g) Corner lots are required to install sidewalks along each frontage that has an
abutting sidewalk.
(h) Should an existing sidewalk be removed,the sidewalk must be replaced and built
in accordance with the city design criteria manual and standard construction details.
Section 3. That this Ordinance is hereby incorporated and made a part of the Friendswood City
Code of Ordinances. Violation of this Ordinance is subject to the penalty provisions contained in
such Code under Section 1-14"General penalty for violations of Code;continuing violations",and
as otherwise provided by law. 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 thereof,shall be fined in an amount not to exceed$2,000.00.Each day of violation
shall constitute a separate offense.
Section 4. That all ordinances or parts of ordinances in conflict or inconsistent with this Ordinance
are hereby expressly repealed.
Section 5. That 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.
Section 6. That after final passage, the City Secretary shall give notice of the enactment of this
Ordinance by promptly publishing the information required by the City Charter in the official
newspaper of the City; the Ordinance to take effect upon publication.
Ord No. 2020-03 3
PASSED AND APPROVED on first reading this 6th day of January,2020.
PASSED, APPROVED, AND ADOPTED on second and final reading this 3rd day of
February,2020.
/
ike Fo •ma
Mayor
ATTEST:
.•••4 FRlFN'•..
Melinda Welsh, TRMC ;* O :
City Secretary .
'9F TEMP• •.
Ord No. 2020-03 4