This article is adopted under the authority of the constitution and laws of the state including particularly chapter 106, Acts of the 40th Legislature, First Called Session 1927, as heretofore or hereafter amended (compiled as article 970a, V.A.T.S.), and the provisions of section 4 of the Municipal Annexation Act as heretofore and hereafter amended (compiled as article 970a, V.A.T.S.); and pursuant to the provisions of article III, section 11 and section 12 of the charter of the city.
(Ordinance 556-08 adopted 7/28/08)
(a)
This
article shall govern the development of all streets, sidewalks, and
vehicular parking on streets, within the corporate limits of the city,
including both the subdivided and unsubdivided portion of the city,
and within the extraterritorial jurisdiction of the city as established
by the Municipal Annexation Act. Such area currently extends to one
(1) mile from the corporate limits surrounding the city, not a part
of any other city; and if by law such distance is changed, this article
shall apply to and be in conformity with the distances so approved
by law or any amendments thereto.
(b)
The
regulation of street development is a major factor of sound community
growth and ultimately becomes a public responsibility in that the
streets must be maintained together with the utilities established
thereon. The welfare of the entire community is thereby affected in
many important respects. It is the intent of these regulations to
encourage the growth of the city in an orderly manner, and they are
deemed to be the minimum requirements as adopted by the city council
for the protection of the public health, safety and welfare.
(Ordinance 556-08 adopted 7/28/08)
For the purposes of this article, certain words as used herein
are defined as follows:
High traffic volume streets with limited access from smaller
streets and driveways.
The municipal corporation, City of Navasota, Texas.
The point of intersection of the lines of two street curbs
extended into the street intersection.
A street having only one outlet to another street and terminates
on the other end in a vehicular turnaround. See the City of Navasota
Unified Design Guidelines for Streets and Alleys, Table III-Navasota
for Minimum Geometric Design Criteria for New Construction, Unified
Technical Specifications and Unified Standard Construction Details.
That portion of a curb, which is constructed on a curve,
to connect normal street curbs at a street intersection, or at driveway
approaches connecting the street curb to the driveway approach.
A place on private property for vehicular traffic. See the
City of Navasota Unified Design Guidelines for Streets and Alleys,
Table III-Navasota for Minimum Geometric Design Criteria for New Construction,
Unified Technical Specifications and Unified Standard Construction
Details.
An area, or facility, between the street and private property
intended to provide access to something definite on private property,
such as parking area, a driveway or a door. See the City of Navasota
Unified Design Guidelines for Streets and Alleys, Table III-Navasota
for Minimum Geometric Design Criteria for New Construction, Unified
Technical Specifications and Unified Standard Construction Details.
Within the terms of the Texas Municipal Annexation Act: the
unincorporated area, not a part of any other city, which is contiguous
to the corporate limits of the city, the outer boundaries of which
are measured from the extremities of the corporate limits of the city,
outward for such distances as may be stipulated in the Texas Municipal
Annexation Act, in which area, within the terms of the act, the city
may enjoin the violations of this street regulations article.
The word is permissive.
A line parallel to property line and five feet outward from
the private property line.
Parallel parking (parallel to traffic lanes).
The portion of the street surface available for vehicular
traffic or parking.
Right-of-way for streets, which includes pavement, sidewalks,
utilities and other public use.
Is always mandatory.
A paved way for pedestrian traffic.
A raised section of a paved surface or street designed to
slow down vehicles.
A way for vehicular traffic or parking, whether designated
as a highway or any of the following types:
Arterial street.
A through traffic street, generally aligned in the direction
of major traffic movement to carry vehicular traffic in excess of
5,000 cars per day and is intended to move traffic in, out and around
the city.
Collector street.
To carry vehicular traffic from 1,000 to 5,000 cars per day
moving traffic around the city and may also serve to collect traffic
from residential streets who serve a maximum of 24 dwelling units.
Residential street.
Primarily abutting residential properties. A residential
street shall serve no more than 24 dwelling units.
(Ordinance 556-08 adopted 7/28/08; Ordinance 748-14 adopted 10/27/14)
(a)
Residential streets.
Residential streets are restricted
to cul-de-sacs, loops or short streets serving not more than twenty-four
(24) dwelling units, with the following additional restrictions:
(1)
A cul-de-sac shall be not over four hundred (400) feet in length
and shall terminate in a turnaround of not less than fifty (50) feet
radius. A cul-de-sac in excess of one hundred (100) feet in length
shall have a 30-foot pavement with a 96-foot radius paved cul-de-sac
turnaround.
(2)
A loop shall terminate in a residential collector street at both
ends, and if a cul-de-sac is combined with a loop, the combination
shall not serve more than twenty-four (24) dwelling units.
(3)
Right-of-way width for residential streets shall not be less than
fifty (50) feet, and if utility easements are not provided at the
back of lots, the width shall be increased as required by the development
officer in consultation with the city’s consulting engineer.
(4)
Parking will be permitted except on one side only in no parking zones
designated by the city. Parking shall be limited to less than twenty-four
(24) hours.
(5)
Sidewalks are required and shall be a minimum of four (4) feet in
width when placed 3 feet from curb and on both sides of the street.
If sidewalk placed adjacent to curb, the width is to be 8 feet and
sidewalks shall be placed on both sides of the street.
(b)
Collector streets.
(1)
Right-of-way width shall be not less than sixty (60) feet, and if
the utility easements are not provided at the back of the lots, the
width shall be increased as required by the development officer in
consultation with the city’s consulting engineer. Collector
streets to be developed in accordance with the city’s unified
design guidelines for streets and alleys, unified technical specifications
and unified standard construction details.
(2)
Pavement width shall be not less than thirty-eight (38) feet. Collector
streets to be developed in accordance with the city’s unified
design guidelines for streets and alleys, unified technical specifications
and unified standard construction details.
(3)
Sidewalks are required and shall be a minimum of four (4) feet in
width. However, for minor and major collectors the minimum width shall
be six (6) feet if set three (3) feet back from the curb. Sidewalks
immediately adjacent the curb along minor and major collectors shall
be eight (8) feet in width.
(4)
Parking will be permitted except in no parking zones designated by
the city. Parking shall be limited to less than twenty-four (24) hours.
On-street parking is not permitted along residential collector streets.
(c)
Arterial streets.
(1)
Right-of-way width shall be not less than one hundred (100) feet.
(2)
Pavement width shall be not less than seventy (70) feet.
(3)
Sidewalks are required with any new streets on both sides of the
street. Sidewalks shall be a minimum of six (6) feet in width when
set three (3) feet back from the curb. When set adjacent to the curb
the sidewalk shall be a minimum of eight (8) feet in width.
(d)
Parkways and boulevards.
Parkways and boulevards are
divided major cross-town arterials.
(e)
Commercial street.
Commercial street includes both business
and industrial streets in areas that are so zoned and designed to
be a minimum level of a minor collector. See the city’s unified
design guidelines, unified technical specifications and unified standard
construction details for the requirements.
(Ordinance 748-14 adopted 10/27/14)
In the established and platted part of the city, priority in
street construction will be established by the city council, based
on recommendations of the city manager and the city engineer. Lengths
shall be one block or more, considering drainage and availability
of funds. Priority will be given [to] petitions submitted by property
owners representing sixty (60) percent or more of the front footage
on both sides of the street. The city council may, however, at its
discretion, when a situation warrants, arrange for the construction
of certain streets, or parts of such, without a petition.
(Ordinance 556-08 adopted 7/28/08)
(a)
In
the established and platted part of the city, the street improvements
construction cost to the adjacent property owner shall be equal to
one-third (1/3) of the actual cost of construction per front foot.
(Ordinance 556-08 adopted 7/28/08)
In the established and platted part of the city, priority in
sidewalk construction will be established by the city council, based
on recommendations of the city manager and the city engineer.
Lengths shall be one block or more. First consideration will
be given to major streets, second consideration to minor streets;
however, no consideration will be given until petitioned by one hundred
(100) percent of the property owners, and funds are available. The
city council may; however, at its discretion when a situation warrants
such, arrange for construction without a signed petition.
(Ordinance 556-08 adopted 7/28/08)
(a)
In
the established and platted part of the city, the assessment of the
property owner for the sidewalk construction will be actual cost of
construction per front foot.
(Ordinance 748-14 adopted 10/27/14)
(a)
General.
(1)
It shall be unlawful for any person to cut, break or remove any curb
along a street except as herein authorized.
(2)
It shall be unlawful for any person to construct, alter, extend,
permit, cause to be constructed, altered, or extend any driveway approach,
which can be used only as a parking space or area between the curb
and private property.
(3)
This article shall be deemed to be supplemental to other ordinances
regulating the use of public property, and in case of conflict, this
article shall govern.
(4)
Permits granted for the use of public property under the terms of
this article shall be revocable at the will of the city council.
(b)
Width and location of driveway approach.
Designs are
to be designed in accordance with the city’s unified design
guidelines for streets and alleys, unified technical specifications
and unified standard construction details.
(c)
Curb return radius.
Designs are to be designed in accordance
with the city’s unified design guidelines for streets and alleys,
unified technical specifications and unified standard construction
details.
(d)
Street structures.
Driveway approach shall not interfere
with municipal facilities such as street light poles, traffic signal
standards, signs, fire hydrants, crosswalks, bus loading zones, utility
poles, fire alarm supports, drainage structures or other necessary
street structures, and the city engineer is authorized to order and
effect the removal or reconstruction of any driveway approach which
is constructed in conflict with street structures. The cost of reconstruction
or relocating such driveway approaches shall be at the expense of
the abutting property owner and in accordance with the city’s
unified design guidelines for streets and alleys, unified technical
specifications and unified standard construction details.
(e)
Permits.
Any property owner desiring a driveway approach
shall make application, in writing, and designating the contractor
who will do the work, to the development officer, accompanied by a
sketch or drawing showing clearly the driveway, parking, area or doorway
to be connected (see the city’s unified design guidelines for
streets and alleys, unified technical specifications and unified standard
construction details). The development officer will prescribe the
construction procedure to be followed. All driveways, driveway approaches
and their attendant parking areas and turnarounds shall be paved as
per table VIII of the city’s unified design guidelines for streets
and alleys, unified technical specifications and unified standard
construction details.
(Ordinance 556-08 adopted 7/28/08; Ordinance 748-14 adopted 10/27/14)
(a)
There
will be no restrictions on planting and care of grass on unpaved areas,
and no permit shall be required.
(b)
It
shall be unlawful to plant flowers, shrubs, or trees to obstruct the
view of or access to fire hydrants, mail boxes, traffic-control devices,
police or fire call boxes.
(c)
Other
planting will be permitted only if an application, together with a
plan of planting, has been filed with the development officer in consultation
with the city’s consulting engineer. See the city’s unified
design guidelines for streets and alleys, unified technical specifications
and unified standard construction details.
(Ordinance 556-08 adopted 7/28/08; Ordinance 748-14 adopted 10/27/14)
Editor’s note–Former section 3.07.051
prohibiting obstructions at street corners and deriving from Ordinance
556-08 adopted 7/28/08, was deleted in its entirety by Ordinance 748-14
adopted 10/27/14.
The city council may order projection of principal streets into
unplatted areas of the city, in which cases the cost to adjacent property
owners will be as follows:
(1)
When
it becomes necessary for the city to purchase right-of-way grants
or easements from property owners for the purpose of building, constructing
or creating new roads, streets or highways, it shall be the policy
of the city council of said city to assess the entire costs of constructing
curbs, gutters and sidewalks and not more than nine-tenths (9/10)
of the remaining cost of such street as shown on the estimate of costs
against the abutting property and against the real and true owners
thereof. Payment of such assessments shall be made as follows:
(A)
If the property owners concerned will voluntarily convey said right-of-way
to the city at the then current appraised value as determined by a
board of three disinterested and qualified appraisers and apply the
purchase price, to the extent needed, to pay for the abutting property
owners share of the cost of improvements so constructed; then, if
any additional costs are due and owing from the property owners after
applying the appraised value of their right-of-way grant, these additional
costs of improvements may be paid to the city by the property owners
over a three-year period, with no interest due or payable, in equal
annual installments. The first installment due and payable on or before
the first day of the first month following the passage of one year
from the date of the completion and acceptance of the street or road
improvements by the city, and a like installment on or before said
day and month of each year thereafter until the entire sum is paid.
(B)
If the abutting owners refuse or fail to convey said right-of-way
to the city at the current appraised value, as set out above, then
the entire costs of the improvements to said property owners, shall
be due and payable in full to the city on the date that said improvements
are completed and accepted by the city.
(C)
If any of the annual installments described in subsection (A) above become delinquent for more than ten days, and if the city manager does not grant an extension of time for proper cause shown, then any balance remaining unpaid at that time shall become due and payable immediately and shall draw eight percent interest per annum until paid.
(D)
The amounts payable by the abutting property and the owners thereof
shall be assessed against the real and true owners thereof, and shall
be a first and prior lien. After deducting the total cost of curb
and gutter and not more than 9/10 of all remaining costs of the improvements,
the remaining costs of the improvements shall be paid by the city.
(E)
The owners’ costs as defined in this policy shall be based
on the minimum right-of-way width of 60 feet and minimum width of
38 feet of street pavement as adopted by the city council. Cost of
additional widths of right-of-way and street pavements as required
by the city council shall be assumed by the city.
(Ordinance 556-08 adopted 7/28/08)
All engineering design of streets, sidewalks, driveways, driveway
approaches, drainage structures and utilities within street right-of-way
shall conform to the city’s unified design guidelines for streets
and alleys, unified technical specifications and unified standard
construction details.
(Ordinance 748-14 adopted 10/27/14)
The development officer in consultation with the city’s
consulting engineer is hereby authorized to grant in writing, variances
from the strict application of the principles of this section, provided
that it is first determines that the following conditions are present:
(1)
The
exception or variances desired arises from peculiar conditions not
ordinarily existing in similar districts in the city, or due to the
nature of the business or operation on the abutting property.
(2)
That
the exception or variance desired is not against the public interest,
particularly safety, convenience and general welfare.
(3)
That
the granting of the permit for the exception or variance will not
adversely affect the rights of adjacent property owners or tenants.
(4)
That
the strict application of the terms of this article will work unnecessary
hardship on the property owner or tenant.
(Ordinance 556-08 adopted 7/28/08; Ordinance 748-14 adopted 10/27/14)
