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.
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PASSED, ADOPTED and APPROVED this 27th day of October, 2022.
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
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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.
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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
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(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
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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.