HomeMy WebLinkAboutOrdinance 2763
ORDINANCE NO, 2763
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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 PROVIDE AN
EXCEPTION FOR SUBDIVISIONS PREVIOUSLY APPROVED FROM
REQUIREMENTS FOR UTILITIES IN NEW SUBDIVISIONS BE PLACED
ALONG REAR LOT LINES; PROVIDING A PENALTY; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the City Council desires to provide relief for Developers of property
impacted by Ordinance 2737 who were in the plat approval process prior to
enactment of the requirements of such regulations; 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 as amended by
Ordinance 2737 are hereby amended by changing the final paragraph of each
to read as follows:
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"In residential subdivisions with final plats approved 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 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.
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In new residential subdivisions with final plats approved after November 10, 2003,
electric, telecommunications and cable television facilities, including new service drops,
shall be located underground along rear lot or tract lines absent a reasonable demonstration
to the Planning and Zoning Commission at the preliminary plat stage by the facility owner,
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Ordinance No. 2763
Page 1 of3
developer or affected property owner that this requirement is not technically,
environmentally, or economically feasible. Above-ground appurtenances and equipment,
and, if permitted, above-ground facilities, shall be placed along rear lot or tract lines, except
as may otherwise be allowed upon the demonstration to the Planning and Zoning
commission as contemplated above. Fire hydrants and traffic signal controllers are
exempted from the rear lot or tract line requirement with passage of this section. The City
will work diligently with the facility owner, developer and affected property owners during
the zoning and platting processes of new subdivisions to ensure that reasonable equipment
access to facilities along rear lot or tract lines will be available. When facilities are to be
placed along rear lot or tract lines, before construction of facilities commences, 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 floodplain elevation, at developer's sole cost and
expense, before construction of the facilities commences. 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. Where no such access can be made available, facility owner and
developer shall make reasonable efforts to place above-ground facilities, appurtenances and
equipment in the least visible areas of the street rights-of-way and street yards that are
consistent with reasonable City standards. 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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Section 2:
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Section 3:
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Section 4:
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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.
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.
Ordinance No. 2763
Page 2 of3
W:\NRH\General\Ordinances-Completed\UndergroWld Util GrandfatherAmend 2763, wpd
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Section 5:
This ordinance shall be in full force and effect immediately upon passage.
AND IT IS SO ORDAINED,
Passed on the 15th day of December, 2003.
By:
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Ordinance No. 2763
Page 3 of3
INVOICE
Star-Telegram
400 W. 7th Street
FORT WORTH, TX 76102
(817) 390-7761
Federal Tax ID 22-3148254
Customer ID:
Invoice Number:
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number: 23573088
Sales Rep: 073
Description: ORDINANCE NO.2
Publication Dates:12/18/2003 - 12/19/200
Bill To:
CITY OF N RICHLAND HILLS/SECRET
PO BOX 820609
NORTH RICHLAND HILLS, TX 76182-
Attn: FINANCE . DEPT
CIT13
235730881
12/19/2003
Net due in 21 days
12/31/2003
QM;lrjW··NO.
~.
a~!' rfght~"'~
provide anexçep1tOn
for subdivisions pre-
vlouliily approved frop1
r~uTreme!"lts for Utl!-
ItleSln new subdivl"
slons be r,1aged alo!'J!
r~~r:t Ó:;~:irf;roR~
viðing à' seyÉ!ratlihty
Clause; providing for
publication; anffd ètp.lr~.:.
viding an, e e ..
A~ate·person. fl"" or
cJrporatiQ'1 violatihniQ
any provl,su~n of t 18
or<llnanCe shall f be
deemed guilty 0 a
misdemeanor . ~nd
upon final conviction
tnereof flped In, an
amount not to exceed
Five. Hundred DOI\r.I" I·
~~500'~~6h E;~~latlgX
sh~1I be allowed ,tt9
continue shall c0nlf I" I State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
t~~~naa~r>;~~l:h:bYë ,Inc. at Fort Worth, In Tarrant County, Texas; and who, after being duly sworn, did depose and say
/'ae.s ~~c:,erid !1P " p.ro. ved 'lIshed \ OR 0UTHE TERNET In the abov named paper on the listed dates: BIDS & LEGAL
this the 15th äay of {
Decemblir 2003. ~.
APPROVED:. .
~.£:f'¥rJJ~"6n_o May~r
ATTEST:. .
I i~~¿~O~ City :ned_
AS TO
~- Tuesday, Dee
: .',
~C;:"tary Public
ORDINANCE NO. 2763 An ordinanc
13580
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Sales Discount
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public I
for the Star-Telegram, publisl
that the attached clipping of
DEPT. STAR TLEGRAM
(817) 390-7320
SUBSCRIBED AND SWORN
55
$2.51
$275.80
LINE
($236.20)
Net Amount:
$39.60
IA~
Thank Yau For Your Payment - ,."",,:.,,: --. --- - . - - - - -- --
__ __ _ __~. _ __ .._. _ ,_ _ _ _ _ _ _ ,_ _ __ _.....J ~/¡;~_ ~RISTY !:.:.,HOLLAND _..:.-._ _... __ __ ,,_
r o.~l*J MY COMMISSION EXPIRES :
! \,~ ðr1~~'/ I
I ' "",,,,,,," JULY 31, 2004 '
___ __ ¥fit.
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:
-_....~~"-
CiTÏ3
CITY OF N RICHLAND HILL
235730881
$39.60