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HomeMy WebLinkAboutOrdinance 2484 City of North Rich/and Hills, Texas Sidewalk Policy ORDINANCE NO. 2484 WHEREAS, the City Council of the City of North Richland Hills finds a need for more pedestrian walkways in the City; and WHEREAS, the City Council of the City of North Richland Hills wants to encourage the construction and reconstruction of sidewalks in the City; and WHEREAS, the City Council is willing to participate in the cost of sidewalk construction when deemed appropriate. NOW, THEREFORE, be it ordained by the City Council of North Richland Hills, Texas, that: I. PURPOSE It is the intent of this policy to encourage the construction and/or reconstruction of sidewalks throughout the City for the safety and convenience of pedestrians. II. DESIGN STANDARDS The design and construction of sidewalks shall conform to City standards and shall provide, at a minimum, a four-foot wide concrete sidewalk located approximately 5-1/2 feet behind the back-of-curb, or a five-foot wide concrete walkway located immediately behind the back-of-curb. The specific design and placement of the sidewalk may vary depending upon location and extenuating circumstances, however, the Public Works Department shall approve the final design. In all cases, the placement of the sidewalk shall provide a continuous walkway for the pedestrian and will be compatible with other existing sidewalks in the neighborhood. Curb ramps will be required at the corners of all intersections as sidewalks are constructed. III. SIDEWALK REQUIREMENTS AND COSTS A. New Developinq Areas 1. Sidewalks are required on both sides of all new streets. 2. In developing areas, sidewalks should normally be installed along with the construction of homes, offices, buildings, etc. so as to avoid being damaged by heavy trucks during that stage of development. The City Building Official will require that sidewalks that were required at the time of platting be installed during the construction of buildings on the lot(s) and prior to the issuance of the Certificate of Occupancy and/or final connection of utilities. Page 1 of 5 City of North Richland Hills, Texas Sidewalk Policy 3. The cost of required sidewalks in new developing areas shall be paid by the builder and/or property owner. B. Redeveloping Areas (developments being expanded or reconstructed) 1. Sidewalks shall be required in redeveloping areas under the same conditions as new developing areas. An area shall be considered to be redeveloping for purposes of this policy when: a.(i.) A building permit is issued in an amount equal to or greater than 50-percent of the fair market value of the existing improvements (as determined by the City Building Official); and (ii.) There are sidewalks existing along the rest of the block face; or the property on which the building permit is issued has a frontage of 300-feet or more, or extends for 50-percent or more of the block face; or b. The property is located in a residential area identified and targeted by the City Council for redevelopment. 2. The property owner shall pay the cost of the required sidewalks in redeveloping areas meeting the requirements of Section III, B.1.a. above. The City shall have the option to pay for a portion or all of the cost for sidewalks in all other redeveloping areas. 3. All required sidewalks shall be installed prior to the issuance of the Certificate of Occupancy or final connection of utilities. C. Existinq Developed Areas 1. Replacement of Sidewalks In some areas where sidewalks have previously been constructed, it is essential that they be kept in good state of repair and be properly maintained. In certain cases poorly maintained sidewalks constitute a greater hazard to pedestrians than no sidewalks at all. a. It shall be the responsibility of the property owner to inspect existing sidewalk conditions in front, side, or behind his property and to keep them in good repair. Faulty sidewalks should be brought to the attention of the Department of Public Works by the property owner. Page 2 of 5 City of North Richland Hills, Texas Sidewalk Policy b. After sidewalks in need of replacement have been identified, the City will initiate corrective action and so notify the affected property owner(s). Such notification will include the project scope, the estimated cost of the project, and the estimated cost for the individual property owner(s). c. The City shall initiate the replacement of sidewalks upon receipt of the property owner's share of the cost or assessments having been formally made. In cases where a hazard exists and the adjacent property owner refuses to pay the property owner's share of the cost of replacement, the City may file a lien on the adjacent property for the value of the assessment. d. The cost of replacing sidewalks will be the property owner's responsibility. 2. New Sidewalks a. In developed areas with no existing sidewalks, property owners can request the installation of sidewalks by petitioning the City. At a minimum, 80-percent of the property owners along the block face must sign the petition requesting the installation of the sidewalks. The 80-percent will be determined by linear feet of frontage the petitioning property owner's have to the total feet of frontage the block has. b. The cost of installing new sidewalks in developed areas will be the property owner's responsibility. c. When the City determines that a sidewalk is warranted to provide for the safety and convenience of the public-at-Iarge, no property owner participation will be required. This determination will be made by the Public Works Department using a "priority warranting system" which shall include but may not be limited to such factors as number of pedestrians, pedestrian accident history, vehicular volume, traffic speed, and proximity to a school or place of public assembly (see Attachment "A"). Such warranted sidewalks will be constructed by the City as needed and shall be paid for 100- percent by the City from the appropriate fund If funds are not available from the current budget, the sidewalk construction cost will be included in the following year's budget. Page 3 of 5 City of North Richland Hills, Texas Sidewalk Policy D. City Improvement Projects 1. When the City remodels, improves or constructs a building (Le., fire station, police station, garage, civic center), parkway improvements will normally be a part of the work. These improvements will consist of the installation of new sidewalks or the replacement of deteriorated sidewalks adjacent to the property as deemed necessary and desirable. The cost of this work will be paid for 100- percent by the City and shall be included as a cost of the building project. 2. When the City widens or reconstructs an existing street and it is determined that sidewalks are necessary and desirable, the cost of these sidewalks shall be paid for by the owners of the adjacent properties in accordance with the Street Assessment Policy. 3. When the City reconstructs a street utilizing Community Development Block Grant funds through HUD, the cost of any sidewalks constructed will be paid for by the City. IV. REQUIRED PUBLIC NOTICE A. Assessments for the construction or replacement of all sidewalks will require a public meeting as required by Ordinance of the City of North Richland Hills and applicable State Law. B. In all sidewalk cases requiring cost participation by the property owner(s), the City will notify the affected property owner(s) of the project scope, length, total estimated cost, and the estimated property owner's cost of participation. Notice will be given of any required meeting, the meeting date, time, and place, as required by law. V. PAYMENT A. The total amount of an assessment may be paid in a lump sum cash payment, without interest, if payment is made within 30-days of acceptance of the project by the City Council. B. The assessment may be divided into five equal annual payments over a four-year period with the first payment due within 30-days of acceptance by the City Council, and with interest not to exceed the maximum permitted by State law on the unpaid balance. C. The assessment may be paid in monthly payments of $9.00 or more per month of a maximum period of 49-months, with the interest rate pre- computed and made a part of the monthly payment. Page 4 of 5 City of North Richland Hills, Texas Sidewalk Policy D. In those cases where an existing sidewalk constitutes a hazard the adjacent property owner refuses to pay the property owner's share and the City Council has determined the necessity for the improvements and has ordered the improvements, it will be necessary to obtain sealed bids and let a contract for such work as required by law. One hundred-percent of the cost as determined from the low bid shall be assessed against the owners in accordance with applicable statues. IV. EFFECTIVE DATE This policy shall become effective upon the date of City Council approval. PASSED AND APPROVED this the 26th day of June, 2000. APPROVED: ~U(~ C~~les Scoma, ~r ATTEST: Oat;u~~~ Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex MCEntir(ff:::t C APPROVED AS TO CONTENT: ~Cf5h~ GreÜ Okens, Pu ic Page 5 of 5 ATTACHMENT "A" PRIORITY WARRANTING SYSTEM Number of pedestrians at peak hour Routes serving schools or pedestrian- generating facilities Street classification Posted speed limit Gaps in sidewalk network >30 21 - 30 11 - 20 1 - 10 1 - 3 blocks 4 - 7 blocks > 7 blocks Arterial> 48' roadway Collector ~ 40' roadway Residential < 40' roadway 40 mph or higher 35 mph ~30 mph o - 50 feet 50 - 1 00 feet 1 00 - 200 feet 200 - 400 feet > 400 feet Points 25 20 15 10 15 10 5 20 15 10 15 10 5 20 15 10 5 o Location is a "priority warrant" and qualifies for sidewalk construction by the City with no property owner participation if points earned are 50 or greater.