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HomeMy WebLinkAbout2017-3930 - Ordinance - 09/11/2017ORDINANCE NO. 2017-3930 AN ORDINANCE AMENDING APPENDIX A, "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 8, "SUBDIVISION REGULATIONS," SECTION 8.3.I.2, "UTILITY EASEMENTS," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS; 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 regulations", Section 8.3.I.2, "Utility Easements," 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. 2017-3930 PASSED, ADOPTED and APPROVED this 1111' day of September, 2017. ATTES ity ecroafiry (� APPR City Attdrney Page 2 of 3 ORDINANCE NO. 2017-3930 Exhibit A Page 3 of 3 That Appendix A, "Unified Development Ordinance," Article 8, "Subdivision Regulations," Section 8.3.I.2, "Utility Easements," of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: 442. Utility Easements. a. Except as expressly provided for otherwise in this UDO, each block that does not contain an alley shall have a utility easement at the rear of all lots. The rear utility easements shall be twenty (20) feet in width, taken ten (10) feet from each lot where the rear of the lots abut each other, and shall be continuous for the entire length of a block. These easements shall be parallel as closely as possible to the street line frontage of the block. Where the proposed subdivision adjoins an unplatted area or future phase of the subdivision, the City Engineer may require a twenty -foot wide easement along the rear of lots. b. Notwithstanding provisions to the contrary elsewhere in this UDO, the City Engineer has the discretion to approve alternate easement locations for any subdivision based on the proposed lot configuration, proposed location of utilities, or the depth of existing, proposed or anticipated utilities. The City Engineer may also require additional utility easements or additional easement width for any subdivision based on the location, number, size, configuration or depth of existing, proposed or anticipated utilities. C. Buildings, signs, masonry walls, and other vertical structures that require a building permit are not permitted within utility easements. Landowners may place a fence in utility easements if unlocked gates are provided to allow free movement of excavating machines, maintenance equipment, and personnel throughout the full length of the easement."