HomeMy WebLinkAboutOrdinance 2774
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ORDINANCE NO. 2774
PZ 2004-02
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AN ORDINANCE AMENDING THE NORTH RICHLAND HILLS, TEXAS,
SUBDIVISION ORDINANCE AND THE ORDINANCE GOVERNING
CONSTRUCTION IN PUBLIC RIGHTS OF WAY TO REQUIRE
ELECTRIC, TELECOMMUNICATIONS AND CABLE TV FACILITIES IN
NEW SUBDIVISIONS BE PLACED UNDERGROUND EXCEPT AS
SPECIFICALLY ALLOWED HEREIN, AND REQUIRING THAT ANY
ABOVE-GROUND APPURTENANCES BE PLACED ALONG REAR LOT
LINES; PROVIDING FOR REPEAL; PROVIDING A PENALTY;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the Planning and Zoning Commission has recommended that electric,
telecommunications and cable television facilities in new subdivisions be
placed underground and that any above-ground appurtenances be located
along rear lot lines; NOW, THEREFORE,
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BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND
HILLS, TEXAS:
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Section 1:
THAT Section 330 of Subdivision Ordinance No. 1982 and Section 6.B of
Construction in Public Rights of Way Ordinance 2464 are hereby amended
to read as follows:
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"(a) Utilities to be in Rights of Way or Easements; Underground utilities,
Exceptions. All public utilities shall be constructed within a public street right of way or
an appropriate public utility easement. When a proposed water or sewer line or a drainage
facility will be placed adjacent to a public road maintained by the Texas Department of
transportation, a separate specific use easement document shall be provided for each utility
or drainage facility. Public utilities shall be placed underground in new subdivisions absent
a compelling demonstration that this requirement is unreasonable, or unfeasible.
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(b) Underground utilities at rear of lot (10-13 to 11-10-03). In residential
subdivisions with final plats approved on or after October 13, 2003, and on or before
November 10, 2003, underground electric utilities may be allowed in an easement not
greater than 10 feet wide along the front or side property lines as long as above-ground
electrical transformers and other electrical appurtenances in such subdivisions do not
exceed thirty six (36) inches in height, are placed on a concrete pad not exceeding eighteen
(18) square feet in area enclosed on three sides by living evergreen plant screening at least
ten (10) inches higher than the transformer, but not exceeding four and a half (4 1/2) feet in
height, with the open side away from the nearest street. The owner of the lot where the
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Ordinance No. 2774
Page 1 of 4
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transformer is located shall be responsible for the initial planting of the plant screening
which shall be in place prior to final inspection of the house on such lot. In the event the
homeowner's association wishes to install the plant screening, it may do so before any
homes receive final inspection. The homeowner's association will be responsible for the
maintenance of the screening in either case. The foregoing requirements shall be exclusive
and the remaining subsections of this section shall not apply.
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(c) Underground utilities at rear of lot (after 11-10-03). In residential subdivisions
platted after November 10, 2003, all new residential subdivisions shall require electrical,
telecommunications and cable facilities, including new service drops, to be placed
underground in an easement at the rear lot line. Where rear lot utilities are located on
comer lots, above ground appurtenances must be located a maximum of five (5) feet from
the side building line.
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(d) Transformers. All electrical transformers must be accessible by a seven (7) foot
wide dedicated Oncor utility easement that extends to the transformer. Physical access to
the transformer will be provided via a five (5) foot wide removable fence panel or gate
located in the easement. Property owners will be responsible for providing security for the
transformer and will make sure that the transformer is free from obstruction. The city will
make reasonable efforts through communication and code enforcement to assure that
residents provide unobstructed access including unlocked gates. The necessity for removal
of minimal fencing and/or landscaping within easements to permit the replacement of
facilities, appurtenances, and equipment is considered to be within the definition of
reasonable access.
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Transformers and other appurtenances shall not exceed thirty six (36) inches in height and
transformers shall be placed on a concrete pad not exceeding eighteen (18) square feet in
area. Fire hydrants and traffic signal controllers are exempted from the rear lot or tract line
requirement.
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In all cases, before construction of facilities commence, the easement shall be reduced to
final grade, at developer's sole cost and expense. Additionally, if such easement is located
within a floodplain, the entire surface of the easement shall be raised above the flood plain
elevation, at developer's sole cost and expense, before construction of the facilities
commences. Sight visibility easements and horizontal clear triangles are not appropriate
locations for the placement of above-ground facilities, appurtenances, and equipment as
they would create safety concerns by blocking or impairing the visibility of vehicular
traffic.
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(e) Exceptions. Exceptions to the rear lot location may granted by providing facts and
circumstances to the Planning and Zoning Commission at the preliminary plat stage to
demonstrate rear lot utility location is not technically or environmentally feasible. Since
the impact of technical and environmental factors may differ, exceptions for each utility
will be considered separately and on a stand alone basis.
(f) Requirements for Non-Rear Lot Locations. Service lines, above-ground
appurtenances and equipment locations for utility service approved by the Planning and
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Ordinance No. 2774
Page 2 of 4
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Zoning Commission for other than the required rear lot locations must follow the
guidelines below:
1. Underground utility service lines shall be located within a ten (10) foot wide
easement, equally divided and paralleling the side property line of two adjacent lots.
Above-ground electrical transformers and other utility appurtenances located within such
easements shall be located five (5) feet from the front building setback line.
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2. Transformers will be hinged to provide for rear service access. Access to
the rear must be free from obstructions. Additionally, the use of surface "hand boxes"
versus pedestals for electric utilities is required.
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3. Screening of the above ground appurtenance by a live vegetative screen is
recommended for the street front and sides of the pad. Maintenance of the optional
screening shall be the responsibility of the owners of the adjacent lots where the
appurtenance is located.
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4. In situations where the grade requires retaining walls, the transformer pad
will be located on the lower grade and the retaining walls will be "jogged" to accommodate
the transformer pad and provide adequate service access.
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5.
stage.
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Exceptions to any requirement must be resolved at the preliminary plat
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Nothing herein shall be construed as to require utility companies to "underground"
existing or new electric facilities, nor to prohibit the upgrading, reconstruction or
reconductoring of existing overhead facilities in the City's public rights-of-way."
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Section 2:
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Section 3:
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Section 4:
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Ordinance No. 2774
Page 3 of 4
Ordinances 2737 and 2763 are hereby repealed.
Any person, firm or corporation violating any provision of this ordinance
shall be deemed guilty of a misdemeanor and upon final conviction thereof
fined in an amount not to exceed Five Hundred Dollars ($500.00). Each day
any such violation shall be allowed to continue shall constitute a separate
violation and punishable hereunder.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph or section of this ordinance
shall be declared unconstitutional or otherwise invalid by the final judgment
or decree of any court of competent jurisdiction, such invalidity 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 invalid
phrase, clause, sentence, paragraph or section.
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Section 5:
The City Secretary is hereby authorized and directed to cause the publication
of the descriptive caption and penalty clauses of this ordinance as an
alternative method of publication provided by law.
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Section 6:
This ordinance shall be in full force and effect immediately upon passage.
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AND IT IS SO ORDAINED.
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Passed on the 11 th day of March, 2004.
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By:
CITY OF NORTH RICHLAND HILLS
ad
Oscar Trevino, Mayor
AS TO FORM AND LEGALITY:
Vy
George A. Staples, Attorney
Ordinance No. 2774
Page 4 of 4
INVOICE
Star-Telegram
400 W. 7th Street
FORT WORTH, TX 76102
(817) 390-7761
Federal Tax ID 22-3148254
Customer ID:
Invoice Number:
CIT13
238879331
03/15/2004
Net due in 21 days
03/31/2004
Bill To:
CITY OF N RICHLAND HILLS/SECRET
PO BOX 820609
NORTH RICHLAND HILLS, TX 76182-
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number: 23887933
Sales Rep: 073
Description: Ordinance No. 2774
Publication Dates:D3/13/2004 - 03/15/200
Ordinance No. 2774 PZ 2004-02
13580
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LINE
$2.51
$300.60
Sales Discount
OROI~ NO.
J:i.=-œ
Þ¡~g the Nottt) ~
Hms. Texas, subdlvl·
sion ordinance and
the o(dinance gOY'
erning construction in
public rights of way to
require electric, tele-
communications and
cable TV facilities in
new sUbdivisions be
~~~'¡¡~~ a~'à~~~~7.~
allowed herein, ana
requiring that any
~n,,:~.;g~ou~~ ~~'d
along rear lot lines;
prov,i:ling for repeal;
providin§ a PØfÌalty;
providln a sever-
ability cause; f,/OVid-
~d ~~:;Vi&~~1 ~~i~~~
fective . date.
A~Jrpg~g~' JI~ti~~
~~J¡n~~6'~sio~~l t~:
deemed guilty of a
misdemeanor and
THE STATE OF #f~~otlnf¡~;á'nr~cti~~
amount not to exceed
County of Tarran r$~'õo~~ói~r,=~£o'~~~
:~X,I ~~Challo"J,o..:~ti~g
Before me, a Not tcotntinue shàall tCOn~oti- County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
ueasepraev,-
for the Star-Teleg ;1tion aJld pUl'1ishable 3r-Telegram, Inc. at Fort Worth, In Tarrant County, Texas; and who, after being dUly sworn, did depose and say
that the attached p~~r~.f~~r~Nt~is 1~';; lent was published In the bo named papeTiJon the' ted dates: BIDS & LEGAL DEPT. STAR TLEGRAM
(817) 390-7321 dli!Y of March 2004. ·
Is/Oscar Trevino ~
Oscar Trevino - Mayor .
~V~~J¡~ Hutson Signed
SUBSCRIBED AN ~~' ME, THJ:o:~ß~:;,M~' 0 çi¿/¿¿¿é/
($257.40)
Net Amount:
$43.20
-- ~ - ~ _."...1! _. YI!.:::.'-' r.- ~ - - ,- - .
œ""~" CHRISTY L. HOLLAND
:. \ ~ MY COMMISSION EXPIRES
, "<l ""f)'Ø JULY 31, 2004
. .... ~
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Thank You F or Your Payment
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Remit To: Star-Telegram
P.O. Box 901051
FORT WORTH, TX 76101-2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
CIT13
CITY OF N RICHLAND HILL
238879331
$43.20