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Home My WebLink About2010-3267 - Ordinance - 08/12/2010 1AW r/ ORDINANCE NO. 2010-3267 AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," SECTION 8.2.A.13, "SIDEWALKS", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; 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 Chapter 12, "Unified Development Ordinance," Section 8.2.A.13, "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: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provi- sions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter 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) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 12`h day of August, 2010. -APPROVED: / z " nf_~~ _5~_ MAYOR ATTEST: City Secrets APPROVED: City ttorney Vft,► .o ORDINANCE NO. 2010-3267 Page 2 EXHIBIT "A" That Chapter 12, "Unified Development Ordinance," Section 8.2 A.13 "Sidewalks", of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: 13. Sidewalks a. Policy Sidewalks should be located and constructed so as to provide a safe and effective means of transportation for non-vehicular traffic. b. Requirement Except as may be provided elsewhere in this Section, sidewalks shall be required on both sides of all streets having a right-of-way width equal to or greater than sixty feet (60'). Except as set forth herein, a sidewalk shall be required on only one (1) side of all streets having a right-of-way width less than sixty feet (60'). For streets having a right-of-way width of less than sixty feet (60') with cul-de-sac streets, no sidewalk shall be required unless needed to provide through non-vehicular access. C. Standards Sidewalks shall be constructed in accordance with the following criteria: 1) The Bryan/College Station Unified Design Guidelines and the Bryan/College Station Unified Technical Specifications and all applicable state and federal requirements; 2) Consistent with the minimum standards necessary to meet the projected non-vehicular traffic demand in the area; and 3) Sidewalks shall maintain a minimum of clear width as set forth in the Bryan/College Station Unified Design Guidelines. d. Timing of Construction Unless excepted as set forth in this Section, all required sidewalks must be constructed concurrently with the street or, if the street is already constructed, prior to acceptance of any public improvement. e. 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 sidewalk(s) required in this Section upon approval by the Planning & Zoning Commission as set forth below. 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 & 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. NW no, ORDINANCE NO. 2010-3267 Page 3 3) Criteria to Allow Fee in Lieu The Planning & Zoning Commission may authorize a fee in lieu of sidewalk construction when it determines that one or more of the following conditions exists: (a) An alternative pedestrian way or multi-use path has been or will be provided outside the right-of-way; (b) The presence of unique or unusual topographic, vegetative, or other natural conditions exist so that strict adherence to the sidewalk requirements contained herein is not physically feasible or is not in keeping with the purposes and goals of this UDO or the City's Comprehensive Plan; (c) A capital improvement project is imminent that will include construction of the required sidewalk. Imminent shall mean the project is funded or projected to commence within twelve (12) months; (d) The proposed development is within an older residential subdivision meeting the criteria in Section 8.2.A.11.b of this UDO; or (e) The proposed development contains frontage on a Freeway/Expressway as designated by Map 6.6, Thoroughfare Plan - Functional Classification, in the City's Comprehensive Plan. 4) Use of Fee The City Council hereby establishes sidewalk zones as shown in the map attached as Appendix I of this Section and which map shall be kept in the Office of Planning & Development Services and made available to the public upon request. Fees collected in lieu of sidewalk construction shall be expended in the sidewalk zone within which the proposed development is located. Fees collected in lieu of sidewalk construction shall be used only for construction, reconstruction, or land acquisition costs associated with sidewalks, multi-use paths, and other non-vehicular ways. 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 construction in order to reimburse the City for the cost associated with acquisition 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 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 ORDINANCE NO. 2010-3267 Page 4 City within seven (7) 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 shall be barred. NW ORDINANCE NO. 2010-3267 Page 5 APPENDIX I Sidewalk Zone Map T T 1"- f ~ o) c 00 ~ f k rt w T r M u~ ; T W 0 W J O w,, r LL N N s 2 F_ 'Y y m v w N K v y 2 72 a r_. H L7 fU V J 41