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HomeMy WebLinkAbout1969-0608 - Ordinance - 01/27/1969ORDINANCE NO. 608 AN ORDINANCE REGULATING, CONTROLLING AND GOVERNING THE DEVELOPMENT OF STREETS; PRESCRIBING REQUIREMENTS; ESTABLISHING PARKING AND SIDE- WALK REQUIREMENTS; ESTABLISHING A MASTER PLAN OF PRINCIPAL STREETS; PRESCRIBING THE DIVISION OF COST BETWEEN THE PROPERTY OWNER AND THE CITY; REPEALING OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; RESERVING A SAVING CLAUSE, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: SECTION 1. AUTHORITY This ordinance is adopted under the authority of the constitution and laws of the State of Texas including particularly Chapter 106, Acts of the 40th. Legislature, First Called Session 1927, as heretofore or hereafter amended ( compiled as Article 1105b V.A.T. S.), and the provisions of Section 4 of the Municipal Annexation Act as heretofore and hereafter amended ( compiled as Article 970a, V. A. T. S. ); and pursuant to the provisions of Article II of the Charter of the City of College Station, Texas. SECTION 2. SCOPE AND PURPOSE This ordinance shall govern the development of all streets, sidewalks, and vehicular parking on streets, within the corporate limits of the City of College Station, Texas, including both the subdivided and unsubdivided portion of the City, and within the extraterritorial jurisdiction of the City as established by the Municipal Annexation Act. Such area is currently extended to one (1) mile from the corporate limits surrounding the City of College Station, not a part of any other city; and if by law such distance is changed, this ordinance shall apply to and be in conformity with the distances so approved by law or any amendments thereto. The regulation of street development is a major factor of sound community growth and ultimately becomes a public responsibility in that the streets must be maintained together with the utilities established thereon. The welfare of the entire community is thereby effected in many important respects. It is the intent of these regulations to encourage the growth of the City of College Station in an orderly manner, and they are deemed to be the minimum requirements as adopted by the City Council for the protection of the public health, safety and welfare. SECTION 3. DEFINITIONS For the purpose of this ordinance, certain words as used herein are defined as follows: CITY refers to the municipal corporation, City of College Station, Texas. COMMERCIAL STREET: includes both business and industrial streets in areas so zoned. 01556 Ordinance No. 608 Page 2 CORNER: The point of intersection of the lines of two street curbs extended into the street intersection. CUL-DE-SAC: A street having only one outlet to another street and terminating on the other end in a vehicular turnaround. CURB RETURN: That portion of a curb which is constructed on a curve, to connect normal street curbs at a street intersection, or at driveway approaches connecting the street curb to the driveway approach. DRIVEWAY: A place on private property for vehicular traffic. DRIVEWAY APPROACH: An area, or facility between the street and private property intended to provide access for vehicles from the street to private property. A driveway approach must provide access to something definite on private property, such as parking area, a driveway or a door at least eight feet in width, intended and used for entrance of vehicles. EXTRATERRITORIAL JURISDICTION: Within the terms of the Texas Municipal Annexation Act, the term "extraterritorial jurisdiction" means the unincor- porated area, not a part of any other city, which is contiguous to the corporate limits of the City of College Station, the outer boundaries of which are measured from the extremities of the corporate limits of the City, outward for such distances as may be stipulated in the Texas Municipal Annexation Act, in which area, within the terms of the Act, the City may enjoin the violations of this street regulations ordinance. MAJOR STREETS: Includes Arterial Streets, Parkways, Boulevards and Commercial. MASTER PLAN OF PRINCIPAL STREETS: This refers to a plan which is a part of this ordinance and which establishes a location for certain principal traffic ways within the corporate limits of the City, and within the extra- territorial jurisdiction of the City. MINOR STREETS: Includes Residential and Collector Streets. MAY: The word is permissive. OUTSIDE SIDEWALK LINE: A line parallel to property line and five feet outward from the private property line. PARKING: Shall mean parallel parking (parallel to traffic lanes). PAVEMENT WIDTH: Shall mean the portion of the street surface available for vehicular traffic or parking. Where curbs are used, it is the portion between the curbs. PRINCIPAL STREETS: Includes all major streets and collector streets as designated on the "Master Plan of Principal Streets". 0157 Ordinance No. 608 Page 3 RIGHT-OF-WAY: In this case refers to right-of-way for streets, which includes pavement, sidewalks, utilities and other public use. SHALL: Is always mandatory. SIDEWALK: Is a paved way for pedestrian traffic, STREET: Is a way for vehicular traffic or parking, whether designated as a highway or any of the following types: 1. RESIDENTIAL STREET, serves a residential neighborhood, either a cul-de-sac, loop, or short street, of restricted use. 2. COLLECTOR STREET, is to serve other residential areas. 3. ARTERIAL STREET, A through traffic street, generally aligned in the direction of major traffic movement. 4. PARKWAYS AND BOULEVARDS, are cross town traffic thorofares, for mass movement of traffic. 5. COMMERCIAL STREETS, includes both business and industrial streets, serving such respective areas. SECTION 4. STANDARDS OF STREET CONSTRUCTION (1) RESIDENTIAL STREETS are restricted to cul-de-sacs, loops, or short streets serving not more than twenty-four (24 ) dwelling units, with the following additional restrictions. A cul-de-sac shall be not over six hundred ( 600) feet in length and shall terminate in a turnaround of not less than fifty (50) foot radius. A loop shall terminate in a collector street at both ends, and when a cul-de-sac is combined with a loop, the combination shall not serve more than twenty-four (24) dwelling units. Right-of-way width shall be not less than forty-four (44 ) feet, and if utility easements are not provided at the back of lots, the width shall be increased as required by the City Engineer. Pavement width shall be not less than twenty-seven (27 ) feet. Parking will be permitted. Sidewalks are not required. (2) COLLECTOR STREETS are for use in residential areas. Right of way width shall be not less than fifty-six (56 ) feet, and if utility easements are not provided at the back of lots, the width shall be increased as required by the City Engineer. 01 58 Ordinance No. 608 Page 4 (3) Pavement width shall be not less than thirty-eight (38 ) feet. Parking will be permitted. Sidewalks are not required, except where a Collector Street is designated as a Principal Street on the Master Plan of Principal Streets. ARTERIAL STREETS are major thorofares providing for four lanes of moving traffic. It is to be distinctly understood that although parking may be permitted on the side of such streets in their early life, that the City may and will prohibit parking on such streets when traffic conditions warrant such action. Right-of-way width shall be not less than seventy (70) feet. Pavement width shall be not less than forty-six (46 ) feet. Parking - see above. Sidewalks are required in new subdivisions. (4) PARKWAYS AND BOULEVARDS are major cross town thorofares. Right-of-way width shall be not less than eighty (80) feet. Pavement width shall be not less than fifty-six (56 ) feet. Parking will only be permitted where extra width of pavement is provided for such parking. Sidewalks are required in new subdivisions. (5) COMMERCIAL STREETS include both business and industrial streets. Right-of-way width shall be not less than seventy (70 ) feet. Pavement width shall be not less than forty-six (46 ) feet. Parking will be permitted. Sidewalks are required. SECTION 5. PRIORITY IN STREET CONSTRUCTION In the established and platted part of the City, priority in street construction will be established by the City Council, based on recommendations of the City Manager and the City Engineer. Lengths shall be one block or more, considering drainage and availability of funds. Priority will be given petitions submitted by property owners representing sixty (60) percent or more of the front footage on both sides of the street. The City Council may, however, at its discretion, when a situation warrants, arrange for the construction of certain streets, or parts of such, without a petition. 01559 Ordinance No. 608 Page 5 SECTION 6. ASSESSMENT FOR STREET CONSTRUCTION In the established and platted part of the City, the paving cost to the adjacent property owner shall be Four Dollars ($4. 00) per front foot. For new subdivisions, see "Subdivision Regulations". SECTION 7. SIDEWALKS Sidewalks are required on principal streets as designated on the Master Plan of Principal Streets and on Commercial Streets; they are optional on Minor Streets, or upon petition of property owners (see Section 8). Sidewalks shall be four (4) feet in width, except that they shall be not less than four feet in width on Commercial Streets. SECTION 8. PRIORITY IN SIDEWALK CONSTRUCTION In the established and platted part of the City, priority in sidewalk construction will be established by the City Council, based on recommendations of the City Manager and the City Engineer. Lengths shall be one block or more. First consideration will be given to Major Streets, second consideration to Minor Streets; however, no consideration will be given until petitioned by one hundred (100) percent of the property owners, and funds are available. The Council may, however, at its discretion, when a situation warrants such, arrange for construction without a signed petition. SECTION 9. ASSESSMENT FOR SIDEWALK CONSTRUCTION In the established and platted part of the City, the assessment to the property owner for the standard four foot sidewalk construction shall be One Dollar ($1. 00) per front foot. In new subdivisions, see "Subdivision Regulations". SECTION 10. CURB CUTS AND DRIVEWAY APPROACHES (1) General. (a) It shall be unlawful for any person to cut, break or remove any curb along a street except as herein authorized. (b) It shall be unlawful for any person to construct, alter, or extend, or permit or cause to be constructed, altered, or extend any driveway approach which can be used only as a parking space or area between the curb and private property. (c) This ordinance shall be deemed to be supplemental to other ordinances regulating the use of public property, and in case of conflict, this ordinance shall govern. (d) All permits granted for the use of public property under the terms of this ordinance shall be revocable at the will of the 01560 City Council. Ordinance No. 608 Page 6 (2) Width and location of driveway approach. (3) (a) First consideration shall be given to interference, placement and adequacy of design, particularly near street intersections. (b) Driveway approach to a Major Street, shall be connected to a driveway or parking area on private property that will permit turning a vehicle around so that no vehicle shall be backed out into such a street. (c) No driveway approach, measured at the "outside sidewalk line", shall be constructed within thirty (30) feet of the corner of a street intersection. (d) Maximum width of driveway approach, measured at outside sidewalk line: No residential driveway approach shall exceed 18 feet in width. No combined entrance and exit shall exceed 36 feet in width, except that the City Engineer may issue permits for driveway approaches up to 44 feet in width on major streets, to handle special traffic conditions. (e) Driveway approaches shall be at right angle to street curbs. Curb Return Radius. (a) At street intersections, the radius of curvature of the curb return shall be twenty to twenty-five (25) feet, as directed by the City Engineer, and such curb returns shall not be cut. (b) For a driveway approach, the radius of curvature of the curb return shall not exceed the distance between the street curb and the outside sidewalk line. (4) Street Structures. No driveway approach shall interfere with municipal facilities such as ,Street light poles, traffic signal standards , signs, fire hydrants, cross walks, bus loading zones, utility poles, fire alarm supports, drainage structures, or other necessary street structures, and the City Engineer is authorized to order and effect the removal or reconstruction of any driveway approach which is constructed in conflict with street structures. The cost of reconstruction or relocating such driveway approaches shall be at the expense of the abutting property owner. 01561 Ordinance No. 608 Page 7 (5) Permits. Any property owner desiring a driveway approach shall make application, in writing, and designating the Contractor who will do the work, to the City Engineer or the Building Supervisor, accompanied by a sketch or drawing showing clearly the driveway, parking area or doorway to be connected (see definition of driveway approach). The City Engineer will prescribe the construction procedure to be followed. See the Building Code for Contractor's Bond and Permit requirements, for work on public property. (6) Building Division Cooperation. Any plans submitted to the Building Supervisor for approval which include or involve driveway approaches shall be referred to the City Engineer for his approval and issuance of a driveway approach permit, before the building permit is issued. SECTION 11. PLANTING ON STREET RIGHT-OF-WAY There will be no restrictions on planting and care of grass on unpaved areas, and no permit shall be required. It shall be unlawful to plant flowers, shrubs or trees to obstruct the view of or access to Fire Hydrants, Mail Boxes, Traffic Control Devices, Police or Fire Call Boxes. Other planting will be permitted only if an application, together with a plan of planting, has been filed with the City Engineer and he in turn has issued a permit for such planting. SECTION 12. MASTER PLAN OF PRINCIPAL STREETS A "Master Plan of Principal Streets" is hereby established for the City of College Station, Texas, as shown on the map attached hereto and made a part hereof, and designated "Master Plan of Principal Streets for the City of College Station, Texas" and dated January 1969. Revision of the Master Plan of Principal Streets shall be made only by amendment to this ordinance, accompanied by a revised map. Ordinance No. 608 Page 8 SECTION 13. PRINCIPAL STREET PROJECTION The City Council may order projection of Principal Streets into unplatted areas of the City, in which cases the cost to adjacent property owners will be as follows: When it becomes necessary for the City of College Station to purchase right-of-way grants or easements from property owners for the purpose of building, constructing or creating new roads, streets or highways, it shall be the policy of the City Council of said City to assess the entire costs of constructing curbs, gutters and sidewalks and not more than nine -tenths (9/10) of the remaining cost of such street improvements as shown on the estimate of costs against the abutting property and against the real and true owners thereof. Payment of said assessments shall be made as follows: (1) If the property owners concerned will voluntarily convey said right-of-way to the City of College Station at the then current appraised value as determined by a board of three disinterested and qualified appraisers and apply the purchase price, to the extent needed, to pay for the abutting property owners share of the cost of improvements so constructed; then, if any additional costs are due and owing from the property owners after applying the appraised value of their right-of-way grant, these additional costs of improvements may be paid to the City by the property owners over a three year period, with no interest due or payable, in equal annual installments. The first installment due and payable on or before the first day of the first month following the passage of one year from the date of the completion and acceptance of the street or road improvements by the City, and a like installment on or before said day and month of each year thereafter until the entire sum is paid. (2) If the abutting property owners refuse or fail to convey said right-of-way to the City at the current appraised value, as set out above, then the entire costs of the improvements to said property owners, shall be due and payable in full to the City on the date that said improvements are completed and accepted by the City. (3) If any of the annual installments described in (1) above shall become delinquent for more than ten days, and if the City Manager does not grant an extension of time for proper cause shown, then any balance remaining unpaid at that time shall become due and payable immediately and shall draw 8 per cent interest per annum until paid. (4) The amounts payable by the abutting property and the owners thereof shall be assessed against such abutting property and against the real and true owners thereof, and shall be a first and prior lien. After deducting the total cost of curb and gutter and not more than 9/10 of all the remaining costs of the improve- ments, the remaining costs of the improvements shall be paid by the City of College Station. (5) The owners costs as defined in this policy shall be based on the min' lt- of-way width of 56 feet and minimum width of 38 feet of street pavementYftererfd by the City Council. Costs of additional widths of right-of-way and street pavements as required by the City Council shall be assumed by the City of College Station. Ordinance No. 608 Page 9 SECTION 14. DESIGN STANDARDS All engineering design of streets, sidewalks, driveway approaches, drainage structures and utilities within street right-of-way shall conform to City engineering standards. SECTION 15. UNUSUAL CONDITIONS The City Engineer is hereby authorized to grant in writing, variances from the strict application of the principles of this section, provided that he first determines that the following conditions are present: (a) The exception or variance desired arises from peculiar conditions not ordinarily existing in similar districts in the City, or due to the nature of the business or operation on the abutting property. (b) That the exception or variance desired is not against the public interest, particularly safety, convenience, and general welfare. (c) That the granting of the permit for the exception or variance will not adversely effect the rights of adjacent property owners or tenants. (d) That the strict application of the terms of this ordinance will work unnecessary hardship on the property owner or tennant. SECTION 16. ADMINISTRATION AND ENFORCEMENT A. The City Engineer is designated as the administrative official of the City, to administer the provisions of this ordinance. If the City Engineer shall find, or if any person files with him a complaint in writing alleging that any of the provisions of this ordinance are being violated, he shall immediately investigate and when necessary, give written notice to the person responsible to cease such violations, forthwith . Notice may be delivered in person or by certified mail to violator or to any person in charge of property where violation is occurring. B. Penalty for Violation. Any person who violates or fails to comply with the requirements of this ordinance shall be guilty of a mis- demeanor and shall be liable to a fine of not more than Two Hundred Dollars ($200. 00). Each day such violation shall be permitted to exist shall constitute a separate offense. Nothing herein contained shall prevent the City from taking such other lawful action as may be necessary to prevent or remedy any violation. 01554 Ordinance No. 608 SECTION 17. REPEAL OF CONFLICTING ORDINANCES ,) Page 10 All ordinances, orders or policies in conflict with this ordinance, or inconsistent with the provisions of this ordinance are hereby repealed to the extent necessary to give this ordinance full force and effect. SECTION 18. SEVERABILITY CLAUSE Should any provision of this ordinance be declared by the courts to be uncon- stitutional or invalid, such decisions shall not effect the validity of the ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. SECTION 19. EFFECTIVE DATE This ordinance shall become effective thirty (30) days after the adoption thereof. PASSED AND APPROVED this 27th day of January, 1969. APPROVED: ATTEST: City Secretary Mayor 01565