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OR 90-496 Sight visibility requirements for street intersections AN ORDINANCE OF THE CITY OF COPPELL ORDINANCE NO. 90496 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING ORDINANCE NUMBER 341 OF THE CITY OF COPPELL; REGULATING SIGHT VISIBILITY REQUIREMENTS FOR STREET INTERSECTIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($S00.00) FOR EACH OFFENSE; EXCEPT WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE, THE PENALTY SHALL BE THAT FIXED BY STATE LAW, AND FOR ANY OFFENSE WHICH IS A VIOLATION OF ANY PROVISION THAT GOVERNS FIRE SAFETY, ZONING, PUBLIC HEALTH AND SANITATION OR DUMPING OF REFUSE AS THAT TERM IS DEFINED BY SECTION 2.09 OF THE TEXAS LITFER ABATEMENT ACT, ARTICLE 4477-9a, VERNON'S ANNOTATED CML STATUTES, AS AMENDED THE PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. Amending Ordinance No. 341, The Subdivision Ordinance of the City of CoppelL Ordinance No. 341, the Subdivision Ordinance of the City of Coppell is hereby amended by adding thereto a new provision which shall be incorporated as a new Article 13-1 of the Code of Ordinances of the City and shall read as follows: AMENDING VISIBIIATY REGULATIONS - Page 1 "Article 13 - 1 Visibility Requirements. Sec. 13~1-1 Street/Drive Intersection Visibility Triangles. A. Visibility requirements for residential (local) street intersections. No fence, wall, screen, billboard, sign, structure, foliage, hedge, tree, bush, shrub, berm, or any other item, either man-made or natural shall be erected, planted, or maintained in such a position or place so as to obstruct or interfere within the following rnin/mum standards. 1. Vision ar all intersections where streets intersect at or near fight angles shall be clear at elevations between two and one-half (2 1/2) feet and nine (9) feet above the average gutter elevation, except single trunked trees, within a triangular area formed by extending the two curb lines from their point of intersection, forty-five (45) feet, and connecting these points with an imaginary line, thereby making a triangle. If there are no curbs existing, the triangular area shall be formed by extending the property lines from their point of intersection thLrty (30) feet and connecting these points with an imaginary line, thereby making a triangle as per figure 1. B. Visibility Triangles for Non-Residential (collector and arterial) Streets and Drives. The desirable mirLimum sight distances area based on the premise that entrance maneuvers should not severely degrade traffic flow on an urban street. They are, therefore, particularly applicable to arterial streets. Actual sight distances provided at intersections should be much greater than these minimum values if practical. Therefore, the following minimum sight distance rfiangle that incorporates both plan and profile restrictions shall also apply to visibility obstructions at intersections. 1. In the plan view, the horizontal clear area at the intersection of a proposed srreet/dfive shall be deemed as being within a triangular area formed by: a. A line that is on the centerline of the proposed street/drive, beginning at the intersecting street's tangent of curb and continuing for a distance of fifteen (15) feet back into the proposed street/drive ro the end point. AMENDING VISIBILITY REGUlaTIONS - Page 2 b. A line that is parallel to and five (5) feet out from the intersecting street's curb, beginning at the centerline of the proposed street/drive and continuing for a distance "T' as prescribed by figure 2 and table A, to the end point. c. A straight Line that connects the end point of 1 .a (that is on the centerllne and fifteen (15) feet back into the proposed street/drive) and the end point of 1 .b (that is a distance "T" along and five (5) feet out from the existing street's curb from the centerline of the proposed street/drive). 2. In the profile view the vertical clear area shall be defined as the area that is below a point that is nine (9) feet above the street curb and above a point that is two and one-half (2 1/2) feet above the street curb. C. The aforementioned restrictions also apply to streets which do not intersect at right angles, except that the triangle dimensions shall not necessarily be minimum requirements, in such cases, the City's Traffic Engineer, or his designee, shall have the authority to vary such requirements as he deems necessary to provide safety for both vehicular and pedestrian traffic. D. R.O.W. Obsffuction Outside the V'~bility Triangles. 1. Fences, wal/s, screens, billboards, signs and other structures shall conform to the Comprehensive Zoning Ordinance of the City, as amended, and to the Sign Ordinance of the City. 2. Foliage of hedges, trees, and shrubs in public right-of-ways shall be maintained by the property owner adjacent to the right-of-way, such that the minireturn overhang above a sidewalk shall be seven (7) feet. The minimum overhang above a street, alley or public driveway shah be fourteen (14) feet. E. Abatement. The Chief Building Official or his authorized representative shall have the authority to determine whether any such fence, wall, screen, hedge, tree, bush, shrub, billboard, sign or structure, as AMENDING VISIBILITY REGULATIONS - Page 3 erected, planted or maintained, constitute a public hazard or public nuisance in violation of the provision of this ordinance. Upon determination, he shall cause to be issued a written notice to the owner or lessee of the property demanding that said owner or lessee abate said hazard or nuisance within ten (10) days of the date said notice is mailed. The City of Coppeli may abate the hazard or nuisance upon the written request of the owner or lessee of the property and upon payment of reasonable charges for labor. F. Exceptions. The provisions of this ordinance shall not apply to, or otherwise interfere with, the following: 1. Placement and maintenance of traffic control devices under governmental authority and control. 2. Existing and future screening requirements imposed by the City Council of the City of Coppell. 3. Existing and future City, State and Federal Regulations." G. Procedure for Variance. The City Council may allow variances to the terms of this ordinance. An administrative fee of Fifty Dollars ($50) shall be charged to all applicants requesting a variance from this ordinance. Non-profit organizations shall be exempt from the Fifty Dollars ($50) administrative fee when requesting a variance. SECT1ON 2. Savings Clause. Chapter 13 of the Code of Ordinances of the City of Coppell sixall remain in full force and effect, save and except as amended by this ordinance. SECTION 3. Repealing Clause. All parts of ordinances, inconsistent or in corkfiict with the provisions of this ordinance AMENDING VISIBILITY REGULATIONS - Page 4 are hereby repealed. SECTION 4. Severability Clause. If any article, paragraph, or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any pan of provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 5. PonalBr Clause. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a penalty of fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense; except where a different penalty shall be that fixed by state law, and for any offense which is a violation of any provision that governs fire safety, zoning, public health and sanitation or dumping of refuse as that term is defined by Sections 2.09 of the Texas Litter Abatemere Act, Article 4477-9a, Vernon's Annotated Civil Statutes, as amended, the penalty shall be a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day such offense is continued shall constitute a new and separate offense. SECTION 6. Effective Date. This ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. AMENDING VISIBILITY REGULATIONS - Page 5 APPROVED: ATFEST: APPROVED AS TO FORM: -CI~ ~ORNEY / _,-/ f AMENDING VISIBILITY REGULATIONS - Page 6 ATTACHMENT TO ORDINANCE NO. Figure 1 Street Intersection Visibility Triangle Figure 2