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Ord 36-2011 7/19/2011ORDINANCE NO. 36 -2011 Ordinance Amending Sections 94 -128 and 94 -129 Of The Code Of Ordinances Of The City Of Wichita Falls, Relating To The Requirements For New Developments To Provide Sidewalks And Exceptions To Sidewalk Requirements; And Providing For Codification. WHEREAS, the City Council recognizes the need for sidewalks to be constructed in areas where pedestrians are most likely to use them; and WHEREAS, the City Council also recognizes that certain developments have a lesser need for sidewalk placement and these developments should be afforded exceptions to sidewalk placement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. Section 94 -128 of the Code of Ordinances of the City of Wichita Falls is amended to read as follows (added text denoted as underlined): 94 -128. Sidewalk construction and location. (a) The sidewalk shall have an obstruction -free width of not less than four feet. Where mailboxes, utility poles, streetlights or other obstacles exist, additional width shall be provided to ensure a minimum of a three -foot width for barrier -free access. (b) Sidewalks shall be constructed within the street right -of -way with the edge of the sidewalk one foot from and parallel to the right -of -way. The Director of Public Works may approve an alternate location within the street right -of -way when there exist obstructions, there is a unique subdivision design, where it is necessary to be compatible with existing sidewalks, or under special conditions when the specified location is technically unfeasible. (c) Construction of the sidewalks by the developer or by individual property owners shall be in accordance with standard city specifications. (d) Where any property on one lot is to be developed in phases, the Director of Community Development may exempt an entity from the obligation to install a sidewalk to the extent determined by the Director of Community Development to match the frontage to remain undeveloped or unutilized. 2. Section 94 -129 of the Code of Ordinances of the City of Wichita Falls is amended to read as follows (added text denoted as underlined and deleted text denoted as strike through): Sec. 94 -129. Exceptions to sidewalk requirements: (a) Sidewalks shall not be required for blocks where 75 percent or more of the combined developed property front footage, including the proposed property front footage, on that side of the block have no sidewalks. This shall not include new subdivisions. (b) Sidewalks shall not be required if the street or road is not classed as a collector street or have a higher classification, according to the Thoroughfare Plan, and where such street does not have curbs and gutters, nor are there long -range plans for the improvement of the street or road by any government agency. (c) Sidewalks shall not be required for residential developments containing two or fewer dwelling units, where the lot frontage is a minimum of 200 feet, and the lot, tract or parcel is a minimum of two acres. If the lot, tract or parcel is subdivided to allow smaller lots, there shall be installed sidewalks along all frontages that are included in the subdivision and along boundary streets as applicable. This requirement shall apply even if only a portion of the lot frontages following a replatting are less than the minimum allowed. (d) Sidewalks shall not be required if exempted OF pFahibited on rights -of -way owned or under the control of other government entities if said governmental entity has obiected in writing to the placement of a sidewalk on its right -of -way. (e) Sidewalks shall not be required if jointly determined by the Department of Community Development and Department of Public Works that the installation of sidewalks is technically unfeasible or will not serve the intent of this provision. (f) Sidewalks shall not be required for new construction or modifications to a commercial and /or industrial improvement within an area zoned industrial, and which abuts on an interior industrial street within an area zoned and used as an industrial district. For the purpose of this provision, an interior industrial street is defined as a street that lies wholly within the industrial district and does not abut subdivided or unsubdivided property outside of the industrial district. An interior street shall only provide for circulation within the industrial district and does not provide for access from adjacent areas. 3. Section 94 -130, "Escrow in lieu of construction" of the Code of Ordinances of the City of Wichita Falls, is repealed and reserved. 4. The City Council intends the provisions of this ordinance to become a part of the Code of Ordinances of the City of Wichita Falls, and sections of this ordinance may be renumbered or relettered to accomplish such intention. PASSED AND APPROVED this the 19th day of July, 2011. MAYOR ATTEST: City Clerk