PUBLIC NOTICE : Ordinance No. 19-001

PUBLIC NOTICE

 

The Village of San Leanna adopted Ordinance No. 19-001 at the Board of Alderman meeting on February 21, 2019.  The ordinance will become effective on March 7, 2019.  Please call (512) 280-3898 if you have questions or would like further information and/or a copy of the ordinance.

 

ORDINANCE NO. 19-001

 

AN ORDINANCE OF THE VILLAGE OF SAN LEANNA REQUIRING A PERMIT FOR CONSTRUCTION OF ANY OPENING, CURB CUT, OR SIMILAR ACCESS TO A DRIVEWAY, ROAD OF OTHER RIGHT-OF-WAY CONNECTING PRIVATE PROPERTY WITH A PUBLIC STREET IN THE VILLAGE; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCE PROVISIONS, AND AN EFFECTIVE DATE.

 

WHEREAS, the Village of San Leanna is located so that access to and egress and ingress to public streets and neighborhoods in the Village are limited; and

 

WHEREAS, the citizens of the Village have expressed concern about and opposition to  the unregulated establishment of new access to public streets and neighborhoods from private property along such streets or in such neighborhoods when such access increases traffic in residential areas, may allow criminal activity to be introduced into the Village without adequate law enforcement patrol or oversight; and

 

WHEREAS, it is the opinion that construction of new openings to public streets in the Village should be allowed only when doing so will not threaten the health, safety, or welfare of Village citizens and is done in a manner that will minimize damage to public property, increases in traffic, improper construction methods, or other factors that are not in the best interest of the Village;

 

NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE VILLAGE OF SAN LEANNA, that:

 

SECTION 1: The foregoing recitals are adopted and incorporated into this ordinance for all purposes.

 

SECTION 2:  The following is adopted as an ordinance of the Village of San Leanna:

PERMIT FOR CONSTRUCTION OF AN OPENING FOR ACCESS TO PUBLIC STREETS

(a) No person shall construct or cause to be constructed any connection or curb cut for a driveway, road, or other right-of-way (hereinafter “Opening”) connecting private property with a public street in the Village without first obtaining a written permit therefore from the Village Council.

(b) Upon request, the Village Secretary shall provide an applicant with a form for requesting a permit for an Opening, which form shall, when completed, provide the Village with the information described below.  The Village Secretary shall provide the completed application form to the Village Engineer and request that he or she make a determination as to whether the Opening applied for is necessary to provide reasonable access to the private property consistent with the safety and convenience of the public, taking into account the following matters:

  1. The nature and volume of traffic on the street on which the private property abuts.
  2. The dimensions and type of construction of the street on which the private property abuts.
  3. The effect that the passage of vehicles to and from the private property will have on the safety of the traveling public and on the movement of traffic in the street to which the driveway connects.
  4. The use to be made of the private property.
  5. The dimensions of the private property, and the type and location of Improvements thereon or to be placed thereon.
  6. The extent of the access which the private property has or will have to other public streets, if any; and
  7. The extent to which the private property for which the opening is proposed has other means of access without the proposed opening.

(c) After making such determination, the Village Engineer shall provide a report to the Village Council with information sufficient to allow it to grant or refuse the application in accordance with the following rules:

  1. The Council shall refuse to issue a permit for a single driveway opening unless it shall have been found to be necessary for reasonable access.
  2. If the application is for more than one opening into the same premises, the Council shall allow no more openings than the minimum number necessary to provide reasonable access.
  3. The Council shall refuse to Issue a permit for any opening as to which it has found that the proposed use of the opening would create an extraordinary traffic hazard, would excessively interfere with the normal use of the street right-of-way, or would allow access into the Village or a portion of the Village in a manner that poses a potential threat to the health, safety, or welfare of the citizens of the Village.
  4. Every permit issued shall specify the maximum width of the opening for which the permit is granted and such width shall be no greater than the minimum necessary to provide reasonable access.
  5. If a permit is granted for more than one opening into the same premises, it shall specify that each such opening shall be separated from the others by a distance of not less than 20 feet.  The Village may require that an upright curb must be constructed along the edge of the area of separation next to the improved portion of the street.
  6. As a condition to granting of a permit, the Village Council may require the applicant to construct a curb, install a culvert, erect a sign, or take other appropriate action  intended to prevent or minimize the impact of the Opening on the safety, drainage, traffic, or other issues of public concern, providing that any such requirement serves a legitimate public need and is roughly proportional with regard to balancing between the  impact on the community and what the Village is requiring from the applicant owner by reason of that impact.

(c) Construction of an Opening without a permit shall be a violation of this Ordinance and shall be considered a Class C misdemeanor, punishable by a fine of $500 per day for each day of violation.  The Village shall be authorized to block off or obstruct any such unpermitted Opening from being used to access a public street or neighborhood in the Village.

 

SECTION 3.  Any provisions of the ordinances of the Village of San Leanna in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict.

           

SECTION 4.  Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole.

 

SECTION 5.  This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide.

 

DULY PASSED AND ADOPTED by the Village Council of the Village of San Leanna, Texas, on the 21st day of February, 2019.

 

APPROVED:

 

 

 

_______________________________

Molly Quirk, Mayor

ATTEST:

 

 

 

_______________________________

Rebecca Howe, Village Secretary

 

APPROVED AND ADOPTED on March 7th 2019