§ 4-18. Construction within public rights-of-way.

(a)

In general. The construction or repair of concrete improvements within the public rights-of-way of the City of Terrell shall conform to the requirements set forth herein. Unless such improvements are constructed as a part of a public works project, they shall be constructed at the property owner's expense.

(b)

Permit required; exception. No person shall construct, reconstruct, alter or repair, remove or replace any sidewalk, driveway or other concrete work on any public property within the city, except rights-of-way on state controlled routes, without first obtaining from the department of public works a permit to do so. Such permit shall be good for 90 days and if work is not completed within 90 days following issuance of such permit, a new permit will be required. See Appendix 1 of this Code of Ordinances for schedule of permit fees.

(c)

Barricades and warning signs. Any person performing construction work within a public right-of-way, whether street, alley or easement, shall maintain all barricades and other traffic control devices necessary for protecting the safety of the public and shall indemnify and save harmless the City of Terrell, its agents and employees against all real or asserted injury to persons or damage to property arising out of or accruing from the construction of such work or any condition attendant upon such construction.

Cross reference— Also see section 11-50 relating to traffic control in work areas.

(d)

Reinforced concrete construction. Reinforced concrete construction shall conform to the requirements of Part III, Division 8 of the "Standard Specifications for Public Works Construction," latest edition, as published by the North Central Texas Council of Governments, hereinafter referred to as the "standard specifications," with the following special conditions:

(1)

Concrete shall have a 28-day compressive strength of 3,000 pounds per square inch (psi) and shall contain a minimum of five sacks of Portland cement per cubic yard of concrete; and

(2)

Immediately upon completion of the work, all debris must be removed from public property and the area brought to finish grade.

(e)

Head-in parking. Head-in parking improvements proposed for installation within a public right-of-way shall be constructed in accordance with plans approved by the city engineer and with the permission of the city council.

(f)

Sidewalk criteria. The requirements of the standard specifications concerning the construction of sidewalks are modified as follows:

(1)

Location. In retail and commercial areas the sidewalk may be placed adjacent to the street curb or may be located otherwise with the approval of the city engineer. In other areas the sidewalk shall begin one foot inside the street right-of-way and extend toward the street, or be placed in alignment with existing sidewalks or as directed by the city engineer.

(2)

Grade. Sidewalk grades shall parallel street grades. Sidewalks adjacent to curbs shall meet the curb grade. Sidewalks not adjacent to the curb shall be set at a grade so as to provide a slope for the intervening parkway of one-fourth-inch per foot minimum and one-half-inch per foot maximum or as directed by the city engineer.

(g)

Driveway criteria. Except when located on state numbered routes where the requirements of the Texas Department of Highways and Public Transportation must be met, driveway aprons shall be constructed in accordance with the requirements of the standard specifications modified as follows:

(1)

Apron layout. All driveways opening onto city streets shall conform to the following:

a.

Residential driveways shall have curb radii of between five and 15 feet, and shall be not less then ten nor more than 25 feet in width at the right-of-way line;

b.

Commercial driveways shall have curb radii of between ten and 25 feet, and shall be not less than ten nor more than 40 feet in width at the right-of-way line;

c.

Where a flare is used, instead of a curb radius, the flare shall be at least five feet greater at the curb line than one-half the driveway width measured at the right-of-way line, but the total opening at the curb line shall not exceed that permitted in subsections a. or b. above; and

d.

Angular drives shall intersect the right-of-way line at between 60 and 90 degrees.

(2)

Thickness. Driveway aprons serving one- or two-family tracts shall be not less than five inches thick; all other aprons shall be at least six inches thick.

(3)

Culverts. Where required, culverts shall be constructed of Class III, ASTM C-76, reinforced concrete pipe with tongue and groove joints, or of precast or cast-in-place reinforced concrete, sized as specified by the city engineer. Culverts for one- and two-family residences shall be at least 16 feet in length; all other driveway culverts shall be at least 24 feet in length.

(4)

Slope. Driveway aprons shall slope upward toward the property they serve so that the sidewalk grade is met or the apron rises six inches in the first five feet behind the curb.

(5)

Location. The curb return of any driveway shall be a minimum of 20 feet from the projected curb line or edge of pavement of an intersecting street. Driveway curb returns shall not extend in front of adjoining property unless approved by adjoining owner in writing. No property or business shall have curb openings measured at the property line in excess of 60 percent of the property frontage.

(6)

Common drives. Driveway aprons serving adjoining properties will be permitted when joint application is made by property owners or when a letter from the adjoining property owner is submitted in which he agrees to such joint use.

FIGURE 3-1

NOTES:

(1)

Radius or flare shall not extend beyond projected property line except upon submission of a letter from the adjoining property owner stating that he has no objection.

(2)

Permitted only when a letter from the adjoining property owner is submitted in which he agrees to such joint use.

(3)

Includes multifamily uses.

(7)

Paved streets with curb and gutter. One or more reinforced concrete driveway aprons extending from the gutter line to the property line may be constructed for a building fronting a paved street having curb and gutter.

(8)

Paved streets without curb and gutter and nonpaved streets. One or more driveway aprons of crushed rock over concrete-pipe culvert or culverts, as approved by the city engineer, may be constructed for a building fronting a paved street without curb and gutter or a nonpaved street. The crushed rock driveway apron shall extend from the paving edge or roadway edge to the property line. It may be covered with asphalt or concrete at the property owner's option.

(h)

Appeals. These rules and regulations are the standard requirements of the City of Terrell, Texas. Any person who feels aggrieved by any such rule or regulation and/or a decision of the city engineer in his interpretation, may appeal such rule, regulation or decision to the construction board of adjustment and appeals. Such appeals must be made within 15 days after any decision has been rendered by the city engineer by filing a written notice of appeal to the construction board of adjustments and appeals. A suspension of any of these rules and regulations or decisions of the city engineer in his interpretation may be granted by the construction board of adjustments and appeals upon showing that there are special circumstances or conditions affecting the property in question that enforcement of these rules or regulations will deprive the applicant of a substantial property right, provided that such suspension will not be materially detrimental to the general public or injurious to other property or property rights in the vicinity.

(Ord. No. 1413, 4-16-85)