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HomeMy WebLinkAboutMisc.Spring Meadows - College Station HOA PLANTERS & MERCHANTS STATE BANK 4004 1700 Barak Lane Bryan, TX 77802 Bryan, TX 778023311 88- 381/1119 7/19/2004 ,,,�+ CITY OF COLLEGE .STATION **250.00 o I TWO HUNDRED FIFTY - AND 00/ 100 *'t * * * * * * *'trtkrt3c k�r�t9e *dr�tird *�ttrat4 �r * *� �kdr k* *;teak *+t9r * *i it *vrat�eir *�i yr /J;ra A' i (, +r CITY OF COLLEGE STATION ca COLLEGE STATION TX EF z 11'004004 1: 1 L L90 38181 11' 7 L 20.3 5 411' Spring Meadows - College Station HOA 4004 CITY OF COLLEGE STATION 7/19/2004 DATE TYPE REFERENCE ORIGINAL AMT. BALANCE DUE DISCOUNT PAYMENT 07/16/20 BILL BOND 250.00 250.00 250.00 CHECK AMOUN 250.00 BANK — OPERATING 250.00 M. USE OF RIGHTS -OF -WAY FOR PUBLIC CONVENIENCES ANDAMENITIES AND FOR PRIVATE IMPROVEMENTS AND FACILITIES (1) Definitions (a) "Awning" means an overhead structure made of canvas or fabric that is stretched over a wood or metal frame that extends beyond the exterior wall face and is removable. This definition does not include copy or logo. (b) "Bench" means a seating area that is placed for the convenience of pedestrians and is located in proximity to mass transit stops or businesses. (c) "Bicycle Rack" means a structure designed and used for the temporary storage of bicycles. (d) "City" means the City of College Station, Texas, a home -rule city. (e) "City Engineer" means the City Engineer of the City of College Station, Texas, or his designated representative. (f) "City Planner" means the City Planner of the City of College Station or his designated representative. (g) "Facade" means an architectural treatment on the face of a building along either the front, side, or rear of a building along the right - of -way frontage. This definition does not include copy. (h) "Landscaping, permanent" means canopy and non - canopy trees and shrubs as established in Section 11.2 of the City of College Station Zoning Ordinance. (i) "Landscaping, temporary" means perennial and flowering plants, dwarf shrubs and ground cover. (j) "Northgate Area" means the area bounded by Nagel Street, University Drive, Wellborn Road and the City of College Station City limits. (k) "Permit Holder or Permitee" as used in this ordinance means the person owning the underlying fee title to any real property upon which any public street within the City of College Station corporate limits is situated, or any association or other entity acting with a lease or other express written permission of the said fee title owner, to make use of the property, and who has been lawfully issued a Right -of -Way Improvements Permit by the City Engineer. (1) "Private Utilities" means utilities that have been extended to serve an entity but have not been accepted by the City of College Station. (m) "Public Street" means the entire width between the boundary lines of every way which is held by the City in fee or by easement or dedication when any part thereof is open to the use of the public for purposes of vehicular travel; provided the term public street shall not include any designated state or federal highway or road or any designated county road. (n) "Right -of -Way Improvements Permit" means a permit issued by the City Engineer to a person who qualifies for said permit under the terms of this ordinance authorizing the construction, installation and maintenance of improvements in right -of -way dedicated to the City of College Station, Texas. (o) "Roadway" means that portion of a public street which is improved, designed, or ordinarily used for vehicular travel, exclusive of the curb, berm, or shoulder. In the event that a public street includes two or more separate roadways, roadway means each such roadway separately. (p) "Setback Line" is as defined in Section 7 of the City of College Station Zoning Ordinance. (q) "Sidewalk" means that portion of a public street which is between the curb lines, or the lateral lines of a roadway, and the adjacent property lines and is improved and designed for or is ordinarily used for pedestrian travel. (r) "Sidewalk cafe" means an outdoor dining area located on a sidewalk and containing movable tables, chairs, planters, or related appurtenances. (s) "Structure" means any building or portion thereof, any obstruction that extends above natural ground grade. Excluded from this definition are wooden fences under eight feet (8') in overall height and masonry fences under three feet (3') in overall height. (2) Scope (a) The City Council of the City of College Station acting by and through its official designated in paragraph (3) below may permit any person owning the underlying fee title to any real property upon which any public street within its corporate limits is situated, or any association or other entity acting with a lease or other express written permission of the said fee title owner, to make use of the property, notwithstanding its being part of a public street, for any one or more of the following improvements or facilities: (i) the establishment or maintenance or both of trees and decorative landscaping, including landscaping lighting, watering systems, and other appurtenances for the maintenance thereof, (ii) the establishment or maintenance or both of sidewalk cafes; provided that a sidewalk cafe may not be enclosed by fixed walls and shall be open to the air, except that it may have a canopy; provided further that a sidewalk cafe must be abutting and contiguous to a restaurant in which food preparation, sanitation, and related services for the sidewalk cafe will be performed; (iii) the establishment or maintenance or both of ornamental gates, columns, or other ornamental works of wood, iron, masonry, earth, or other materials denoting the entrance to a neighborhood or a platted and recorded subdivision; provided that such improvements may display the name of the subdivision or neighborhood but shall not contain any commercial advertising or other signage; (iv) the establishment or maintenance or both of any supportive or decorative columns, arches, or other structural or decorative feature of any building which is fifty (50) or more years old at the time of filing an application for a permit hereunder and of unusual architectural design, character, or significance or of historical value; or (v) the establishment or maintenance or both of transit bus shelters, drinking fountains, benches, and other related amenities for the convenience of the public in the use of the public streets for pedestrian or vehicular transportation. (3) Designation of City Official Authorized to Make Findings The City Engineer is hereby designated by the City Council of the City of College Station, Texas, to make the findings required by law contained in paragraph (4) below prior to the issuance of a permit authorizing the establishment or maintenance of the improvements or facilities specified in paragraph (2) above. (4) Findings Required (a) The establishment or maintenance of the improvements or facilities may not be implemented without a finding by the City Engineer that: (i) the improvement or facility will not be located on, extend onto, nor intrude upon any portion of the roadway; (ii) the improvement or facility will not be located on, extend onto, nor intrude upon any portion of the sidewalk which is needed for pedestrian use; (iii) the design and location of the improvement or facilities includes all reasonable planning to minimize potential harm, injury, or interference to the public in the use of the public street or sidewalk; (iv) the improvement or facility will not create any hazardous condition or obstruction of vehicular or pedestrian travel upon the public street or sidewalk. (b) Appeal An applicant may appeal the decision of the City Engineer to the City Council within ten (10) days of the denial or issuance of the permit. Failure to appeal the action shall constitute a contractual acceptance of all conditions imposed, and a waiver of all complaints, defects, or potential invalidity, whether under state or federal law. (5) Permit Required (a) Use Without a Permit Prohibited It shall be unlawful for any person to install or construct or cause to be installed or constructed, the amenities, improvements or facilities established in paragraph (2) above within the public streets or rights -of -way for within the corporate limits of the City of College Station without first obtaining a permit issued by the City Engineer authorizing such improvements or facilities. (b) Prescribed Fee The applicant or permit holder shall pay a fee for the right -of -way improvements permit that shall be the same as that charged in Chapter 14, Section of the City of College Station Code of Ordinances as amended from time to time. (c) The permit shall be granted and allowed to remain in force on condition that: (1) the applicant complies with the regulations established by the City Council and contained in paragraph (7) below for the protection of the public and utility companies and other persons or firms having the right to use the public street at the site of the applicant's proposed facility; (2) the site is properly maintained and (3) the applicant owns or is legally authorized by the fee simple owner of land to use his land for the establishment and maintenance of the improvements authorized by permit. (Ordinance No. 2177 of Apri111, 1996) (d) Procedure for Obtaining a permit Application Requirements: Any person desiring a permit authorizing the use of the public right -of -way for the installation of improvements or facilities within the City limits shall file an application with the Development Services Department on a form provided by that Department. The applicant must include the following information with the application form: • A facility layout plan which includes the identity, and location of, and gives the dimensions of the right -of -way and the pavement edge or curb. • The applicant must locate all existing traffic signs, meter boxes, light poles, manholes, overhead electrical lines, fire hydrants, valves, and electrical transformers contained within the right -of -way. The diagram must include dimensions of the right -of -way and locate the facilities from the right -of -way or back of the curb. The size and material of the facilities must be specified. • All proposed signage must be located including its dimensions. • An erosion control plan must be submitted with the application. If there are waterway alterations proposed, a drainage report and drainage plan must be submitted. If improvements are proposed that will alter the drainage patterns in the area, a drainage report and drainage plan will be required. • Applicant must state whether there will be any waterway alterations with a drainage report (if applicable). • Elevation drawings of signage that include the description of material. • The location and type of plantings. All plantings must be detailed by using both the scientific as well as common names. • Describe all work to be performed including but not limited to any electrical work, landscaping, irrigation systems, drainage work, waterway alterations, demolition, fencing (whether wood or masonry), signs, facades, awnings, cafe, canopy, benches, bike racks. • The cost, where applicable, of the proposed relocation of any public facilities associated with the work. • The total square footage of the site. • Designate the party responsible for maintenance. • An estimate of the future relocation of improvements. • Where applicable, the applicant must submit the following plans: electrical, landscaping, plumbing, sealed structural details with anchoring, attachment and material description and/or any sealed irrigation plans. • Identify all contractors and subcontractors including, but not limited to, the master electrician, irrigator, landscape architect or company, master plumber, design engineer and/or structural engineer. (Ordinance No. 2357 of October 22, 1998) (e) Inspection of Facilities Inspections of improvements shall be requested in accordance with the Standard Building Code as amended by the City of College Station Code of Ordinances. (f) Maintenance of Facilities All improvements shall be maintained by the person designated by the permit holder in the permit application. The improvements shall be maintained in a reasonably safe, secure and sanitary manner and the site shall be free of rubbish, weeds, filth or other offensive items. All dead plantings shall be removed and replaced annually. (g) Construction of Facilities Construction and installation of improvements must comply with all provisions of this ordinance as well as with the Streetscape Standards as adopted by the City Council of the City of College Station and established in the Streetscape Study issued in December 1992 and as amended from time to time. (6) Removal of Facilities The City or any utility company or other person authorized by the City may remove all or any part of any facility for which a permit has been issued without liability therefor in the event of a lawful need for the site or for access thereto. (7) Regulations The regulations that govern the issuance and continuing validity of this permit as follows: (a) Permitee must comply with the construction, maintenance, operation, and inspection requirements as detailed in paragraph (5) above. (b) Permitee must provide indemnity agreements by abutting fee owners, which agreements shall be covenants running with the title of the abutting land. (c) The applicant or permitee must provide traffic and safety studies at his own expense if, and whenever, required by the City Engineer. (d) This permit may be terminated at the discretion of the City. (e) All facilities or improvements shall comply with the clearance required from structures to utility lines as provided in the Standard Building Code or any other applicable code as adopted or as amended by the City of College Station Code of Ordinances. (f) All facilities or improvements must comply with all applicable City of College Station Codes and Ordinances in existence at the time of construction, unless specifically prohibited by said Codes or Ordinances. (g) All site work, demolition and construction must comply with the Standard Building Code as amended by the City of College Station Code of Ordinances. (h) All drainage and waterway work must comply with Chapter 13 of the City of College Station Code of Ordinances and associated Drainage Policy and Design Standards. (i) Permanent Sienage If an identification sign is requested, a minimum of two hundred fifty (250) landscaping points must be provided per sign. The sign may not exceed one hundred fifty (150) square feet per sign face as measured by an imaginary rectangle of vertical and horizontal lines that contain all extremities of the copy and logo. The sign height cannot exceed fifteen feet (15'). (j) All facilities and improvements must assure that there is adequate sight clearance for traffic and pedestrian safety. (k) The permitee shall provide a cash or surety bond in a sum sufficient to cover the costs of removal of its facilities or improvements by the City or any public utility upon terms and in an amount which is approved by the City Engineer. The bond or surety shall be submitted to the City Engineer upon approval of the permit but prior to its issuance and prior to the commencement of construction of any proposed improvements. (1) The costs of any relocation of public or private utility facilities and improvements within the public streets which may be associated with the installation of any permitee's authorized facilities and improvements shall be borne by the permitee. (m) The City is prohibited from using any of its funds or employees for installation or maintenance with respect to a facility operated by permit except for inspection or removal purposes. (Ordinance No. 2177 of April 11, 1996) (n) If irrigation and/or electrical lines are to be extended across a paved roadway, the applicant must pay a one -time fee in the amount of Thirty -five Dollars ($35.00) per square yard of extension area. The extension area is equivalent to three (3) times the yard length to be installed under the roadway. The fee will be waived if the applicant installs sleeves under the pavement and places the irrigation and/or electrical in the sleeves. (Ordinance No. 2357 of October 22, 1998) (o) Permitee must notify the City Engineer of any change of information contained in the application or permit. (p) Permitee or fee simple owner must notify the City Engineer of any change in fee simple ownership of the property, expiration or renewal of lease or revocation or renewal of license agreement by fee simple owner. (q) This permit is valid only to whom it is issued and may not be assigned or transferred. (r) Permitee may not modify the improvements authorized by permit. (8) Exemptions The City may establish or maintain, with its funds, materials, equipment, and personnel, any of the improvements or facilities described and shall not be required to issue a permit for any such improvement or facility established or maintained by the City; provided, however, that the City shall remove its improvement or facility placed by it upon any public street if there is a lawful need for the site or for access to the site by a utility company. This ordinance does not require a political subdivision of this state to obtain a permit to establish or maintain an improvement or facility authorized by other law. (9) Penalty for Violations Violations of the ordinance shall be punished in accordance with Chapter 1, Section 5 of the Code of Ordinances as amended from time to time. (10) Invalidity If any provision of this ordinance shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. (11) Conflict with Other Ordinances That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. (Ordinance No. 2177 ofApri111, 1996)