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0683 ORDINANCE NO. 683 AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS BY ADOPTING REQUIREMENTS FOR THE INSTALLATION OF SIDEWALKS; PROVIDING FOR THE DESIGN, CONSTRUCTION, AND MAINTENANCE OF SIDEWALKS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council deems that it is necessary to adopt a sidewalk ordinance to require the construction of sidewalks under certain design and construction standards in order to promote the health, safety and welfare of the citizens of the City and the public in general. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Section 1.04 of the Subdivision Ordinance of the City of Southlake is amended by adding the following definition: SIDEWALK: A paved area intended for the use of pedestrians and located in a street right-of-way between the curb lines or the edge of pavement of the roadway or within a public access easement and the adjacent property lines. SECTION 2. The Subdivision Ordinance of the City of Southlake is hereby amended by adding a new Section 5.06 to read as follows: L:\CITYDOCS\ORD\FINAL\SIDEWALK\683_FIN.WPD Adopted December 16, 1997 Page 1 of 10 "Section 5.06 Sidewalks: A. GENERAL PROVISIONS. The purpose of this section is to provide for the orderly, safe and healthful construction of sidewalks within the City and to promote the health, safety and general welfare of the community. In order to carry out these purposes, it is hereby declared to be the policy of the City to guide and regulate sidewalk construction within the City. B. REQUIREMENTS 1. General Requirements. Any new development in the city shall provide for the location and construction of sidewalks as provided in this section. This shall include the dedication of necessary right-of-way or public access easement and the construction of sidewalks according to the specifications provided herein. 2. Residential Requirements: a. Applicability: Sidewalks shall be required in all residential subdivisions with average lot sizes of less than one acre platted or replatted after the effective date of this ordinance. A proposed Pedestrian Access Plan must be included as an element of any Concept Plan application, or in the case where no Concept Plan is required, with the Preliminary Plat application and shall be processed concurrently with these applications. The Pedestrian Access Plan shall demonstrate a method for the safe and effective movement of pedestrians both within the subdivision and to and from Trail System connections, where applicable. b. Trail Master Plan: Regardless of average lot size, the developer or builder of a residential subdivision platted or replatted after the effective date of this ordinance shall install sidewalks in accordance with the Trail System Master Plan along the tract being developed adjacent to all arterial and collector streets (as defined by the Master Thoroughfare Plan). C. Time of Construction: i. Owners/homebuilders: Each owner/home builder within a residential subdivision platted after the effective date of this ordinance shall construct sidewalks at the time of construction of the house. In those circumstances where a sidewalk would impact the construction of driveways and access walks, the sidewalks shall be constructed before the City's final building inspection. A certificate of occupancy will not be issued until required sidewalks are in place. L:\CITYDOCS\ORD\FINAL\SIDEWALK\683_FIN.WPD Adopted December 16, 1997 Page 2 of 10 ii. Developers: Sidewalks shown in the Pedestrian Access Plan to be constructed within common areas shall be constructed by the developer during the development of the subdivision. d. Exemptions: A residential lot that is platted as a single lot of record is exempt from this requirement unless: i. Sidewalks are existing on both sides of the lot; or ii. The lot is located within 1,500 feet of a public or private school and is on the same side of the street. 3. Non-residential Requirements: a. Applicability: Sidewalks and/or trails, where required by the Trail System Master Plan, shall be required on all non-residential properties platted or replatted after the effective date of this ordinance. A proposed Pedestrian Access Plan must be included as an element of any Concept Plan or Site Plan application and shall be processed concurrently with these applications, or in the case where no Concept Plan is required, with the Preliminary Plat application. The Pedestrian Access Plan shall demonstrate a method for the safe and effective movement of pedestrians both within the subdivision and to and from Trail System connections, where applicable. b. Trail Master Plan: The developer or builder of a non-residential subdivision platted or replatted after the effective date of this ordinance shall install sidewalks along the tract being developed adjacent to all arterial and collector streets (as defined by the Master Thoroughfare Plan), where applicable according to the Trail System Master Plan. C. Time of Construction: Each developer and/or builder of a non- residential subdivision platted after the effective date of this ordinance shall construct sidewalks at the time of construction of the development. In those circumstances where a sidewalk would impact the construction of driveways and access walks, the sidewalks shall be constructed before the City's final building inspection. A certificate of occupancy will not be issued until required sidewalks are in place. L:\CITYDOCS\ORD\FINAL\SIDEWALK\683-FIN.WPD Adopted December 16, 1997 Page 3 of 10 C. SIDEWALK SPECIFICATIONS 1. Sidewalk Size and Locations: All sidewalks shall be at least four feet wide or in conformance with the Trail System Master Plan, whichever is greater, and shall be located between the curb or grade line of the public street and the ROW line or public access easement if approved by the city, no closer than two (2) feet to the curb or grade line. The City Engineer or Building Official may alter alignment so that the sidewalk meanders within the area between the curb and right-of-way line. 2. Construction Specifications: a. Concrete Requirements: Concrete for sidewalks shall have a minimum compressive strength of three thousand (3,000) psi at twenty-eight (28) days. The quantity of mixing water shall not exceed six and one-half (6 1/z) U.S. gallons per sack (ninety-four (94) lbs.) of Portland cement. The slump of the concrete shall not exceed four (4) inches. A minimum content of five (5) sacks of cement per cubic yard of concrete is required. Sidewalks shall be at least four (4) inches thick. b. Reinforcement: Sidewalks shall be reinforced with 3/8 inch No. 3 bars set on 24-inch centers. C. Expansion and Control Joints: One-half-inch premolded bituminous expansion joints with No. 4 (1/2-inch nominal diameter) smooth dowels shall be spaced at twenty-foot intervals. Where new work abuts driveways, pavement, curbs or any other work, expansion joints shall be filled with premolded bituminous expansion joint filler or redwood at least one-inch nominal thickness and shall extend six (6) inches deep and the entire width of the concrete sections. Bars used in this joint shall be sleeved to allow for the movement of concrete on the bars. The bars shall be smooth three- eighth (3/8) inch No. 3 bars minimum. No deformed bars shall be allowed. Sidewalk control joints shall be grooved three-eights (3/8) inch deep on four-foot centers. d. Sidewalk Finish: The surface of the sidewalk shall have a monolithic broom finish. In no case shall the surface be left slick or with a glossy finish. The edges of the sidewalk control joints and expansion joints shall be tooled to a smooth finish not less than two (2) inches in width. Exposed edges of the sidewalk shall be rounded with an edger to a radius of one-half (1/2) inch. L:\CITYDOCS\ORD\FINAL\SIDEWALK\683-FIN.WPD Adopted December 16, 1997 Page 4 of 10 e. Fire Hydrant Locations: Where a sidewalk is to be constructed and a fire hydrant would be within the forms, the forms shall curve around the fire hydrant such that the walk misses the fire hydrant by a minimum distance of one (1) foot. A transition of 10 feet is required in and out of curved areas. f. Service and Meter Boxes: Where a sidewalk is to be built and a water meter box would be within the forms, a precast, concrete box shall replace the plastic box. This box shall have a hinged metal lid and be set at an elevation that will be equal to the finish grade of the sidewalk. If the builder so chooses, the builder may move the water meter box outside the forms at the builders expense. g. Drainage: All sidewalks shall be built at an elevation that will not impede or be otherwise detrimental to proper lot drainage, with natural grade preferred. 3. Wheel-Chair Access Ramps a. Location: A wheel-chair access ramp must be constructed at any point a proposed sidewalk intersects a city street with the exception of walks leading from the street to the door of a residence. Access ramps must be constructed with a maximum 1 " wide expansion material between the street and ramp flush with the finish grade. b. Grade: Care shall be taken to ensure a uniform grade meeting ADA requirements on the ramp, free of sags and short grades. Access ramps shall be built to grades no greater than 1 ft. of fall per 12 feet in length. C. Surface Finish: Surface texture of the ramp shall be obtained by coarse brooming, perpendicular to the slope of the ramp. d. Curb and Gutter: The normal gutter line shall be maintained through the area of the ramp. Curb cuts for ramps shall be located as shown on street plans or as approved by the City Engineer. D. MAINTENANCE 1. Responsibility for Maintenance: a. It shall be the duty and obligation of all owners and occupants of real property abutting upon sidewalks in the city, at their own cost and expense, to maintain and keep the sidewalks bordering their property level and free of depressions, excavations, elevations, inconsistencies, obstacles, obstructions or encroachments, natural L:\CITYDOCS\ORD\FINAL\SIDEWALK\683_FIN.WPD Adopted December 16, 1997 Page 5 of 10 or artificial, above or below ground level, or which overlap, impinge upon, or appropriate any part of the sidewalk area or the space eight (8) feet above it. b. Any damage done to a sidewalk by the City or a City hired contractor shall be repaired by the City or contractor. C. Any damage done to a sidewalk by a franchised utility shall be repaired by the franchised utility. 2. Provisions for Adequate Maintenance: a. Inspection and Notification: When the city determines that any section of sidewalk requires repairs or maintenance, a letter describing the necessary repairs will be sent to the adjacent property owner. The letter shall be given: i. Personally to the owner in writing; or ii. By regular or certified mail to the owner's post office address; or iii. If the letter cannot be delivered by personal service or by regular or certified mail, by publication in the official newspaper at least twice within ten (10) consecutive days. b. Time of Response: The property owner shall have 30 days from receipt of the letter described in Subsection D.2.a above to make the necessary repairs. If weather conditions or other extenuating circumstances dictate, this 30 day period may be extended by the Director of Public Works, provided that the property owner has contacted the Public Works Department with a plan for repairs prior to the expiration of the 30 days . C. Failure to Repair: i. City Action: Any repairs that are not performed by the property owner, and which are determined to be hazardous to pedestrians or other users of the sidewalk, may be performed by the city or a city hired contractor. After completion of repairs, the city shall send the adjacent property owner a notice which shall include: (a) identification of the property; (b) a description of the violation; L:\CITYDOCS\ORD\FINAL\SIDEWALK\683_FIN.WPD Adopted December 16, 1997 Page 6 of 10 (c) a statement that the city made the necessary repairs; (d) a statement of the city's charges and expenses in making the repairs; (e) an explanation of the property owner's right to request a hearing within 10 (ten) days from receipt of the notice; and (f) a statement that if the owner fails or refuses to pay the expenses within thirty (30) days from receipt of the notice, the mayor or his designee shall obtain a lien against the property by filing with the county clerk a notice of lien and statement of expenses incurred. d. Notice to Property Owner: The notice shall be given in the manner as provided in Subsection a above. e. Request for Hearing: The property owner may, within ten (10) days from receipt of the notice in Subsection c above, file a written request for a hearing before the city council in order to contest the amount or validity of such costs. Upon receipt of a timely request, a hearing will be scheduled before the city council. At the hearing, the city council shall determine whether the charges are reasonable and were properly assessed. i. Filing of Lien: If no hearing is requested, or if a hearing is held and the charges are determined to be valid, and the property owner fails or refuses to pay such charges within thirty (30) days from receipt of the notice to pay, the city council may assess the costs incurred against the adjacent property, whereupon the mayor shall file a notice of lien and statement with the county clerk of the costs incurred for the repair of the sidewalk and the city shall have a privileged lien on the property second only to tax liens and liens for street improvements. The notice of lien shall state the name of the owner if known, and the legal description of the property. Said privileged lien shall bear interest at the rate of ten percent (10%) per annum from the date the work was performed or payment therefor was made by the city. L:\CITYDOCS\ORD\FINAL\SIDEWALK\683_FIN.WPD Adopted December 16, 1997 Page 7 of 10 ii. Cost Recovery: For any such costs and interest as aforesaid suit may be instituted and foreclosure had in the name of the city. Any statement so filed or a certified copy thereof, shall be prima facia proof of the amounts expended for any such work and repairs." SECTION 3. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance or the Subdivision Ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. L:\CITYDOCS\ORD\FINAL\SIDEWALK\683_FIN.WPD Adopted December 16, 1997 Page 8 of 10 SECTION 6. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 483, as amended, or any other ordinances governing the installation of sidewalks which have accrued at the time of the effective date of this ordinance; and, as to such accrued ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 8. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. L:\CITYDOCS\ORD\FINAL\SIDEWALK\683_FIN.WPD Adopted December 16, 1997 Page 9 of 10 PASSED AND APPROVED ON FIRST READING ON THIS SEVENTH DAY OF OCTOBER, 1997. ATTEST: 1111111111//j/ 1l ~ MAYOR CITY SECRETARY ak` PASSED AND APPROVED ON SECOND READING ON THIS SIXTEENTH DAY OF DECEMBER, 1997. ATTEST: /17 sou~~ Z' MAYOR CITY SECRETARY `vm APPROVED AS TO FORM AND LEGALITY: e 00 City Attorney Date Adopted: December 16, 1997 Effective Date: December 19, 1997 L:\CITYDOCS\ORD\FINAL\SIDEWALK\683_FIN.WPD Adopted December 16, 1997 Page 10 of 10