0483-K
OFfiCIAL RECORD
ORDINANCE NO. 483-K
AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE
NO. 483, THE SUBDIVISION ORDINANCE; REVISING ARTICLE V,
SECTION 5.03 TO CLARIFY SIDEWALK REQUIREMENTS AND ARTICLE
4.01 (F) PROVIDING FOR CITY APPROVAL OF STANDARD DEVELOPER'S
AGREEMENTS; PROVIDING A PENALTY; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; 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 has adopted Ordinance No. 483, as the Subdivision Ordinance for the
City; and
WHEREAS, the city council has determined that it is appropriate and in the best interest of the
city to promote the public health, safety, and general welfare of its residents by amending Ordinance
No. 483 as provided herein; and
WHEREAS, the City Council has given published notice and held public hearings with respect
to the amendment of the Subdivision Ordinance as required by law;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE:
SECTION 1
Ordinance 483, as amended, the City of South lake's Subdivision Ordinance is hereby amended
by the amendment of 5.06, "Sidewalks," by amending subsections A through B(3)(c) to read as
follows:
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
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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 on both sides of all public and private
streets in all residential subdivisions 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. SoutWake Pathways 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 and/or trails in accordance with the
Southlake Pathways Plan, as amended.
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.
ii. .......Developers: Sidewalks and/or trails 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
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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 trailsshall be required on all non-residential
properties platted or replatted after the effective date of this ordinance.
Sidewalks shall be the greater of either 5 feet in width or the width as specified
on the city's Pathways Master Plan if the segment is identified as a trail. A
proposed Pedestrian Access Plan must be included as an element of any Concept
Plan, Development, or Site Plan application and shall be processed concurrently
with these applications, or in the case where no Concept, Development, or Site
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. Sidewalks for all other non-residential
properties shall be regulated in the Zoning Ordinance 480, as amended.
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 and/or trails 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.
SECTION 2
Amend Section 4.01(F) "Developer's Agreements" to read as follows:
F. Developer's Agreements:
1. Unless provided otherwise, no earthwork, grading, utility, street or drainage improvement
construction or any public or private improvements shall be allowed until the developer
receives approval of a final plat and the City executes a developer's agreement with the
developer.
2. The City Council may waive the requirement for a developer's agreement upon a showing
of good cause.
3. The developer's agreement shall, among other things, address the physical public
improvements, i.e. streets, water, sewer, storm drainage, street lights, street signs, and other
applicable required services, features or facilities, which are to be installed in the
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subdivision. Such agreement shall be based on cost estimates thereof, prepared by the
subdivider's engineer and reviewed by the City Engineer. (As amended by Ord. No. 483-D)
4. The City Council shall approve the standard form of the developer's agreement. The City
Manager is authorized to execute a developer's agreement unless the developer requests an
amendment to the provisions of the standard agreement or the agreement provides for one
or more of the following:
a. an expenditure of25,000 or more by the city;
b. waiver of fees;
c. the dedication of park land; or
d. credits for prior or proposed improvements or dedications.
If the developer's agreement includes any of the foregoing provisions, or an amendment to
the standard form agreement, the agreement shall be approved by City Council.
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 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.
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SECTION 6
The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in
book or pamphlet form for general distribution among the public, and the operative provisions of this
ordinance as so published shall be admissible in evidence in all courts without further proof than the
production thereof.
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.
PASSED AND APPROVED on the 1st reading the 5th day of September, 2006.
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PASSED AND APPROVED on the 2nd reading the 7th day of November, 2006.
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APPROVED AS TO FORM AND LEGALITY:
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ADOPTED: [(-1'- D 0
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