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HomeMy WebLinkAbout2022-4401 - Ordinance - 10/27/2022 ORDINANCE NO. 2022-4401 AN ORDINANCE AMENDING APPENDIX A, “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 8, “SUBDIVISION DESIGN AND IMPROVEMENTS,” SECTION 8.3.K, “SIDEWALKS,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO SIDEWALK ZONES AND OTHER SIDEWALK REQUIREMENTS ; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Appendix A, “Unified Development Ordinance,” Article 8, “Subdivision Design and Improvements,” Section 8.3.K, “Sidewalks,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO. 2022-4401 Page 2 of 6 PASSED, ADOPTED and APPROVED this 27th day of October, 2022. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2022-4401 Page 3 of 6 Exhibit A That Appendix A, “Unified Development Ordinance,” Article 8, “Subdivision Design and Improvements,” Section 8.3.K, “Sidewalks,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: K. Sidewalks. 1. Policy. Sidewalks should be located and constructed so as to provide a safe and effective means of transportation for non-vehicular traffic. 2. Required Sidewalks. a. Sidewalks shall be required on both sides of all streets except as identified below or as provided elsewhere in this UDO. b. Where a multi-use path is shown along a street on the Bicycle, Pedestrian, and Greenways Master Plan, the sidewalk may be incorporated as part of the multi-use path. 3. Sidewalk Exceptions. Sidewalks are not required: a. Around the bulb of a cul-de-sac unless an Access Way is provided through the cul- de-sac; b. Along a street classified on the Thoroughfare Plan as a freeway/expressway, unless a sidewalk or multi-use path has been identified on the Bicycle, Pedestrian, and Greenways Master Plan; c. Along one side of streets identified as a Major Collector or Minor Collector on the Thoroughfare Plan within a Rural Context Zone; d. Along new or existing local/residential streets within an estate lot subdivision with the street constructed to a rural section; or e. Along existing local/residential streets unless sidewalks have been identified in the Bicycle, Pedestrian, and Greenways Master Plan. 4. Standards. Sidewalks shall be constructed in accordance with the B/CS Unified Design Guidelines and all applicable local, state, and federal requirements. 5. Timing of Construction. Except as set forth below, all required sidewalks must be constructed concurrently with the street, or if the street is already constructed prior to acceptance of all public improvements. a. Residential Subdivisions. ORDINANCE NO. 2022-4401 Page 4 of 6 At the time of final plat application, the subdivider may opt to defer the construction of sidewalks on residential streets along single-family, duplex, or townhouse lots for up to one (1) year from approval of the final plat when the subdivider provides a bond or surety in accordance with Section 8.7 Construction, Guarantee of Performance, and Acceptance of Public Infrastructure. The subdivider shall provide a sidewalk plan with the final plat construction documents and installation of the sidewalks shall comply with this plan. Notwithstanding the foregoing, this provision does not allow the deferment of the construction of sidewalks along thoroughfares, sidewalk ramps at all street intersections, and sidewalks along residential streets that are not adjacent to a residential lot, such as along a common area, creek crossing, or park. Other pedestrian facilities such as Access Ways and multi-use paths shall be constructed at the same time as the public infrastructure of the plat. b. Fee in Lieu of Construction. 1) Fee in Lieu. Except for development located within the Northgate zoning districts, a developer may request to pay a fee in lieu of constructing the required sidewalk(s) or multi-use path upon approval by the Administrator as set forth below. The Administrator shall have final authority in determining what proportion of sidewalks or fee may be accepted in lieu of sidewalk construction. 2) Amount of Fee. The amount of fee in lieu of sidewalk construction shall be a unit cost determined by the City Engineer based upon current estimated costs. The unit cost fee shall be kept on file in the Office of Planning and Development Services and made available to the public upon request. The unit cost fee calculation shall be reviewed at least annually by the City Engineer and adjusted as necessary. 3) Criteria to Allow Fee in Lieu. The Administrator may authorize or require a fee in lieu of sidewalk or multi- use path construction when it is determined that one (1) or more of the following conditions exists: (a) The presence of unique or unusual topographic, vegetative, or other natural conditions exist; (b) A capital improvement project is funded and forthcoming that will include construction of the required sidewalk or multi-use path. (c) Existing streets constructed to rural section that are not identified on the Thoroughfare Plan within a Rural Context Zone; (d) The proposed development is within an older residential subdivision meeting the criteria in Section 8.3.H.2 Platting and Replatting within Older Residential Subdivisions of this UDO; or ORDINANCE NO. 2022-4401 Page 5 of 6 (e) The proposed development contains frontage on a freeway/expressway as designated by the Thoroughfare Plan - Functional Classification & Context Class Map in the City's Comprehensive Plan. 4) Use of Fee. The City Council hereby establishes sidewalk zones as show on the Sidewalk Zone Map below. Fees collected in lieu of sidewalk or multi-use path construction shall be expended in the same zone as the development or in adjacent zone in a scenario where the development occurs in close proximity to a zone boundary. Fees collected in lieu of sidewalk construction shall be used only for preliminary design, design, construction, reconstruction, surveying, or land acquisition costs associated with sidewalks, multi -use paths, and other non-vehicular ways. Sidewalk Zone Map 5) Reimbursement. The City may, from time-to-time, acquire land for sidewalks or make sidewalk improvements related to actual or potential development. If this occurs, the City may require subsequent sidewalk obligations to be a fee rather than ORDINANCE NO. 2022-4401 Page 6 of 6 construction in order to reimburse the City for the cost associated with acquisitions or construction. 6) Fee Due. Fees paid pursuant to this section shall be remitted to the City when the guarantee of construction of public improvements for the proposed development is due or upon commencement of construction, whichever occurs first. 7) Special Fund; Right to Refund. All fees received by the City in lieu of sidewalk or multi-use path construction shall be deposited in a fund referenced to the sidewalk zone to which it relates. The City shall account for all fees in lieu of sidewalk construction paid under this section with reference to the individual development involved. Any fee paid for such purposes must be expended by the City within ten (10) years from the date received by the City. Such funds shall be considered to be spent on a first-in, first-out basis. If not so expended, the landowners of the property on the expiration of such period shall be entitled to a prorated refund of such sum. The owners of such property must request a refund within one (1) year of entitlement, in writing, or such refund will be barred. 6. Appeals. The property owner or applicant for new development may appeal the following decisions to the Administrator: (a) The applicability of required sidewalk or multi-use path construction; (b) The determination regarding eligibility for Fee in Lieu of Construction or requirement to utilize Fee in Lieu of Construction; (c) The amount of sidewalk or multi-use path required or fee in lieu amount due; and/or (d) The amount of the refund due, if any. All appeals shall be taken within 30 days of notice of the action from which the appeal is taken. The burden of proof shall be on the appellant to demonstrate that the amount of the required construction, fee in lieu, or refund was not calculated according to the requirements of this ordinance. The appellant may appeal the decision of the Administrator to the Planning & Zoning Commission. A notice of appeal must be filed by the applicant with the Administrator within 30 days following the Administrator’s decision. The filing of the appeal shall not stay the requirement for construction or collection of the fee in lieu, as applicable. If the notice of appeal is accompanied by a payment equal to the fee due as calculated by the City, the development application shall be processed.