Any person, firm, or corporation that violates, disobeys, neglects or refuses to comply with or that resists the enforcement of the provisions of this division, upon conviction, shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code. Each offense that occurs shall constitute a separate violation and shall be punishable as such.
(1999 Code, sec. 10.605)
(a) 
Applicability.
The regulations in this section shall apply for access driveways on state highways located within the corporate jurisdiction of the town, except that access and/or exit shall not be allowed to the main trafficways of controlled access highways such as freeways or expressways. Application for driveways to controlled access highways must be made to and approved by the state department of transportation (TxDOT) and shall be subject to provisions of the municipal maintenance agreement executed between the state and the town. The intent of these limitations is to assure maximum safety to the traveling public.
(b) 
Application for permit; time limit for completion of work.
Applications for permits shall be made by the owner or lessee (also termed “grantee”), who shall represent all parties in interest, and such permits shall be only for the bona fide purpose of securing or changing access to his property, but not for the purpose of parking or servicing vehicles on the town’s right-of-way (ROW). If a licensee submits an application, a letter from the property owner must be attached designating the licensee as the owner’s agent. The application shall be valid for a period of six (6) months. If the contemplated driveway improvements have not been completed within the six (6) month period, a new application must be submitted. All driveway improvements must be completed with a six (6) month calendar-month period following the issuance of a permit by the town.
(c) 
Issuance of permit.
Upon determination by the town that a driveway construction permit application form is administratively complete, inclusive of any special conditions that may be required by the applicant or the town, and upon payment of any required fees by the applicant, the town shall issue a driveway construction permit.
(d) 
Private driveway defined.
A private driveway is an entrance to and/or exit from a residential dwelling, farm or ranch adjacent to a state highway located within the town for the exclusive use and benefit of the grantee.
(e) 
Commercial driveway defined.
A commercial driveway is an entrance to and/or exit from any commercial business or similar type establishments adjacent to a state highway located within the town.
(f) 
Public access driveway defined.
A public access driveway includes all approaches to a state highway located within the town from county, city or TxDOT maintained roads and streets and approaches to schools, churches, cemeteries and other public places or buildings of like character.
(g) 
Indemnification.
The grantee shall hold harmless the town, its duly appointed agents and employees, and the state transportation commission and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise and operation of the driveway permit.
(h) 
Materials.
The grantee shall furnish all materials necessary for the construction of the access driveways and their appurtenances authorized by the permit. All material must meet TxDOT regulations, a copy of which shall be maintained on file at town hall, and shall be of satisfactory quality and shall be subject to inspection and approval of the town and possibly by TxDOT.
(i) 
Construction standards.
All new access driveways, following approval of the permit, shall be constructed in conformance with the applicable town and TxDOT regulations. Any existing access driveway structures which are destroyed or removed in the construction or reconstruction of a section of a street will be replaced or reconstructed to a design within these regulations and a condition equal to or better than the original structures.
(j) 
Inspection and maintenance.
The town reserves the right to inspect all driveway installations at the time of construction and at all times thereafter, and to require such changes, maintenance and repairs as may be required at any time to provide protection of life and property on or adjacent to the street. The cost of changes, maintenance and repairs of private and commercial driveways, islands, and other access driveway appurtenances on the ROW will be the responsibility of the grantee or licensee.
(k) 
Relocation of driveway or other changes.
No driveway, approach or other improvement constructed on the ROW shall be rebuilt, relocated or its dimensions altered without a duly executed permit from the town.
(l) 
Signs on or over right-of-way.
The grantee shall not be permitted to erect any sign, either fixed or movable, on or extending over any portion of the street ROW. Regulatory traffic-control and guide signs for intersecting county roads or town streets are permitted subject to approval from TxDOT and/or the town.
(m) 
Design requirements.
Design requirements for access driveways are as follows:
(1) 
Location within property frontage.
All parts of entrances and exits on state highways or town ROW, including the radii, shall be confined within the grantee’s property frontage. Frontage is that portion of the ROW lying between two most distant possible lines drawn perpendicularly from the centerline of the street to the grantee’s abutting property line. In the event that two or more adjoining grantees agree to combine their property frontage for a combined access facility, it must be authorized under the applicable town regulations. The frontage will then be the portion of the ROW lying between two most distant possible lines of the combined frontage drawn perpendicularly from the centerline of the street to the grantee’s abutting property lines.
(2) 
Locations generally; spacing and separation.
Locations of access driveways shall be selected to provide maximum safety for street traffic and for users of the driveway. The town’s driveway spacing and separation requirements, as set forth in the unified development code, must be observed.
(3) 
Distance from intersection.
At any intersection of a state highway with another highway, road or street where additional sight distance right-of-way exists, no access driveway will be permitted within the frontage thereof. At any other intersection, access driveways shall be restricted for a sufficient distance from the intersections to preserve the normal and safe movement of traffic through it. The determination of “sufficient” site distance shall be at the sole discretion of the town and/or TxDOT.
(4) 
Controlled access highways.
On controlled access highways, access should be denied or restricted where practical and avoided where possible at the ramp gore areas. TxDOT is the sole permitting regulatory agency for controlled access highways.
(5) 
Radius.
Radii for all access driveways in urban areas shall not be less than five feet and in rural areas it shall be no less than ten feet.
(6) 
Drainage.
Drainage in street side ditches shall not be altered or impeded. When drainage structures are required, size of openings and other design features shall be approved by the town.
(7) 
Safety zones.
The safety zones, which are all parts of the street or highway ROW between the curb or shoulder line and the ROW line along the grantee’s property frontage, except the areas contained in the access driveways, may be filled in, upon town approval, provided the requirements below are fully complied with.
(A) 
Surface drainage shall be provided so that all surface water on the filled-in area shall be carried away from the street roadbed in a suitable manner.
(B) 
The drainage opening underneath the filled-in area shall be adequate to carry the design flow of water in the street ditches.
(C) 
The filled-in area shall be sufficiently delineated and, where required by the town, curbs, guide posts or other satisfactory methods shall be used to prevent the use of the area for parking or travel.
(D) 
The filled-in area shall extend from the sidewalk or, where no sidewalk exists, from the ROW line to the shoulder line or curbed pavement as the case may be, provided that other limits may be specified by the town to provide conformance with proposed future improvements to the existing street section.
(E) 
The grade on the driveway shall be constructed as to conform to the slope of the roadway shoulder from the edge of the travelway to the shoulder line and hence shall be sloped downward at approximately one-quarter to one inch per foot for a distance necessary to place the low point of the driveway not less than eight inches below the shoulder elevation. If valley gutters are used, the lowest point of the gutter shall be a minimum of eight inches below the shoulder elevation and a valley gutter of at least four feet in width maintained.
(8) 
Additional design criteria.
The minimum and maximum design limits herein should not be considered absolute in all instances, as the town may require additional design criteria to provide reasonable safety, depending upon type, speed and traffic volume, for street safety, and to provide for reasonable access for the grantee.
(9) 
End treatment for drainage structures.
For driveways being constructed within the clear or safety zone, the end of the drainage structure (pipe, box, paved dip, etc.) shall be designed to be traversable by a colliding vehicle without abrupt change in speed or rollover. To determine if a drainage structure is within the clear zone, current standards may be obtained from the designated town representative. Minimum guidelines for design of the end of the drainage structure (safety end treatment) for driveways within the clear or safety zone are as follows:
(A) 
There shall be no culvert headwalls or similar vertical ends.
(B) 
Ends shall be sloped at 6:1 (6 horizontal to 1 vertical) or flatter, with riprap or other stabilizing material added, whether required to prevent erosion and/or to protect the end. The sloping end may be terminated and a vertical end introduced at the top and bottom of the partial pipe section.
(C) 
The driveway embankment slope shall be 6:1 maximum, with 8:1 preferred.
(D) 
For pipes greater than 30 inches in diameter or multiple pipes with individual diameters greater than 24 inches, grates will be provided with a maximum slope of 6:1 or a preferred slope of 8:1. Grates are not required on small (individual pipes having 30 inches or less diameter) structures, but shall be sloped and riprapped as described in subsection (B) above.
(1999 Code, sec. 10.601; Ordinance adopting Code)
(a) 
Responsibility for construction.
Cost of materials and installation of all private access driveways shall be the responsibility of the grantee.
(b) 
Width.
The width shall not exceed twenty-four feet measured at right angles to the centerline of the driveway, except as increased by permissible radii.
(c) 
Angle.
The angle of the access driveway from the street pavement shall be sixty to ninety degrees, except one-way driveways up to forty-five degree angle driveways may be permitted.
(d) 
Maintenance.
Maintenance of all private access driveways shall be the responsibility of the grantee.
(1999 Code, sec. 10.602)
(a) 
Responsibility for construction.
Installation of all access driveways shall be the responsibility of the grantee. Where street construction or reconstruction requires construction or modification of connections to existing public access driveways, the town or other responsible public entity will be responsible for the construction or the modification of such access driveway connections.
(b) 
Maintenance.
The town or other responsible public entity shall maintain all portions of public access driveways which lie within the ROW of streets.
(c) 
Width and angle.
The width and angle of public access driveways may vary depending on local conditions and are subject to review and approval from the town.
(1999 Code, sec. 10.603)
(a) 
Responsibility for construction.
Cost of materials and installation of all commercial access driveways shall be the responsibility of the grantee. The grantee shall do all work and pay all costs in connection with the construction of access driveways and their appurtenances.
(b) 
Maintenance.
Maintenance of all access driveways shall be the responsibility of the grantee.
(c) 
Width.
The width of access driveways shall not exceed forty-five feet measured at right angles to the centerline of the driveway, except as increased by permissible radii.
(d) 
Angle.
The angle of the access driveway from the pavement shall be sixty to ninety degrees, except that one-way entrances from divided lane highways or one-way frontage roads (except for I.H. 35 and freeways which are under TxDOT jurisdiction) may be thirty degrees to ninety degrees.
(e) 
Safety zone.
All parts of the highway ROW between the curb or shoulder line and the ROW line along the grantee’s property frontage, except the areas contained in the access driveways, shall be a safety zone. Safety zones between drives should be not less than the TxDOT minimum for the grantee’s property frontage. Curbs or guide posts shall be installed as necessary to prohibit vehicle parking and driving in safety zones. The barrier line nearest the highway should be not less than twenty-four feet from the center of the pavement or on line with existing curbs or the established curb line, provided the town does not require a greater distance when needed to preserve the safety and utility of the highway or provide conformance with proposed highway improvements.
(f) 
Vehicle service fixtures.
The distance from the ROW line to the near edge of service pumps, vendor stands or tanks should be a minimum of twenty-four (24) feet. To permit free movement of large vehicles, and in certain instances to insure that they be entirely off highway ROW while being serviced, a greater distance is recommended.
(1999 Code, sec. 10.604)