(a) 
The administrative officer shall furnish information for and/or set stakes establishing curblines and grades for the construction, reconstruction or major repairs of any improvements covered by this division within ten (10) working days after a permit has been granted for such construction. All such construction shall be in accord with such lines and grades and subject to approval of the administrative officer.
(b) 
In those cases of original construction where the grade and location of the street curb and gutter cannot be established because of existing conditions, the street curb and gutter and sidewalk may be omitted upon request of the applicant and written approval of the administrative officer, until such time as the remaining street curb and gutter and sidewalk fronting the abutting property is constructed by or at the instance of the city; provided that construction of temporary curbs and gutters and sidewalks may be authorized pending establishment of grades and locations of permanent curbs and gutters and sidewalks.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957 Code, sec. 16-51)
The city hereby expressly reserves the right when putting down a permanent street pavement, either by original construction or reconstruction, to change or alter the lines and grades of said street, when in the opinion of the administrative officer such change is necessary for the proper pavement or drainage of said street.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957 Code, sec. 16-52)
(a) 
Construction and/or repairs shall be in accordance with the latest revision of the city standard specifications in effect as of the date of issuance of the permit. Construction or repairs not meeting these requirements shall be removed at the expense of the permittee.
(b) 
No concrete mixture shall be poured until forms and excavation have been inspected and approved by the administrative officer.
(c) 
Notwithstanding subsection (a) hereof, a permit may be issued for filling or grading within the right-of-way with a material deemed suitable by the administrative officer even though said material does not meet the requirements of the latest revision of the city standard specifications then in effect. Provided, however, the applicant must sign a statement declaring that if the area is paved at a future date the paving will be done in accordance with the standard specifications in effect at that time, which obviously may require the replacement of said material.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 67-32, sec. 1, adopted 7/11/67; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957 Code, sec. 16-53)
(a) 
Commercial uses.
When a structure is to be built on a lot or moved onto a lot and used for other than residential purposes, right-of-way improvements shall be required on the property abutting the public right-of-way; sidewalks and curb and gutter shall be required around the portion of the property being improved. In special situations where existing conditions make the installation of curb and gutter and sidewalks impractical, this provision may be waived by the administrative officer. There shall be no right-of-way requirements for additions to existing buildings. All construction in the right-of-way shall be subject to the provisions of this division and the city subdivision ordinance. Construction improvements within the public right-of-way where permanent structures exist on abutting property shall be allowed provided such improvements do not create a hazardous condition and provided that all construction materials and methods conform to the provisions of this division.
(b) 
Residential uses.
When a new structure is to be built on a lot or moved onto a lot and used for residential purposes and the right-of-way improvements are not covered under the city subdivision ordinance or the city zoning ordinance, then there shall be no right-of-way improvement requirements under this section; however, any construction that is done in the right-of-way shall be done in compliance with the provisions of this division. Construction improvements within the public right-of-way where permanent structures exist on abutting property shall be allowed provided such improvements do not create a hazardous condition and provided that all construction materials and methods conform to the provisions of this division. Notwithstanding any of the above provisions in this subsection (b), whenever any structure is built on a lot or moved onto a lot and used for residential purposes, the installation of sidewalks, as defined in section 1-1-4 of the Code of Ordinances, around such lot shall be required if either of the following conditions exist:
(1) 
If all or any portion of such lot is bordered by existing curb and gutter;
(2) 
If the city council has determined the necessity for, and has ordered the installation of, curb and gutter improvements around all or any portion of said lot.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 72-81, sec. 1, adopted 12/12/72; Ordinance 75-95, sec. 6, adopted 10/14/75; Ordinance 78-109, sec. 1, adopted 6/6/78; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957 Code, sec. 16-54)
All curbs, gutters, sidewalks, driveway approaches, etc., constructed, reconstructed, or altered in the city streets or alleys shall conform to the details shown in plates 1-91 through 10-91, attached hereto and made a part hereof.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957 Code, sec. 16-55)
All work done by the permittee shall be done between the hours of 7:00 a.m. and 10:00 p.m., Monday through Saturday, except as otherwise provided in this division or unless otherwise authorized by the administrative officer on the permit.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957 Code, sec. 16-56)
Each permittee shall conduct and carry out the work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce, to the fullest extent practicable in the performance of the work, noise, dust and unsightly debris, and during the hours of 10:00 p.m. to 7:00 a.m. shall not use, except with the express written permission of the administrative officer, or in case of emergency as herein otherwise provided, any tool, appliance or equipment producing noise of sufficient volume to disturb the street or repose of occupants of the neighboring property.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957 Code, sec. 16-57)
The permittee shall prosecute with diligence and expedition all work covered by the permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, as soon as practicable, and in any event not later than the date specified in the permit therefor.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957 Code, sec. 16-58)
Repair work, as defined herein, shall comply with the provisions of this division to the extent practicable, except that sections of surface structures being replaced shall conform as nearly as possible in dimension, shape and appearance with the structure in place.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957 Code, sec. 16-59)
(a) 
The permittee shall restore all streets broken into or damaged as a result of the construction work to their original condition in accordance with the city standard specifications.
(b) 
Acceptance or approval of any work by the administrative officer shall not prevent the city from asserting a claim against the permittee and his or its surety under the surety bond required hereunder for incomplete or defective work if discovered within six (6) months from the completion of the work. The administrative officer’s presence during the performance of any work shall not relieve the permittee of his responsibilities hereunder.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957 Code, sec. 16-60)
The administrative officer shall make such inspections as are reasonably necessary in the enforcement of this division, and shall, upon completion of each inspection so made, and where requested, issue a certificate of compliance or noncompliance as applicable. The administrative officer shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this division.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957 Code, sec. 16-61)
(a) 
All sidewalks shall be constructed of concrete, with the exception of commercial areas where there are adjacent or contiguous parking areas to the sidewalk area, in which case the sidewalk area may be of asphaltic concrete at the option of the property owner, provided that:
(1) 
The construction of the sidewalk area meets the requirements of this division pertaining to design standards for asphaltic concrete paving.
(2) 
The sidewalk area is clearly delineated with bumper curbs placed on the property line or six (6) feet from the back of curb, whichever is the greater distance.
(3) 
The property owner at all times maintains the asphalt sidewalk area in a safe and nonhazardous condition for public use.
(4) 
The property owner at all times maintains and keeps the sidewalk area clearly delineated with bumper curbs.
(b) 
All sidewalks shall be a minimum of four (4) feet in width and the outer edge of sidewalks shall be adjacent to the curb unless other placement locations are approved by the city council. Sidewalks adjacent to parking areas shall be a minimum of six (6) feet in width. Sidewalks in the central business district and medical center district shall be a minimum of ten (10) feet in width. Sidewalks in other areas of heavy pedestrian traffic shall have a minimum width of between four (4) feet and ten (10) feet, which exact width to be required shall be determined by the administrative officer.
(c) 
Wheelchair ramps shall be required to be installed in all sidewalk areas at all crosswalks in accordance with section 228 of the 1973 Federal Aid Highway Act.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 75-95, secs. 7–9, adopted 10/14/75; Ordinance 76-79, sec. 1, adopted 5/25/76; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957 Code, sec. 16-62)
(a) 
Where there is more then ten (10) feet of right-of-way between the back of the curb and the property line, the owner of the adjacent property may apply for a street use permit to use the portion of right-of-way more than ten (10) feet from the back of the curb for the purpose of parking vehicles, installing bumper curbs or curbing, or installing lighting improvements, landscaping or similar minor improvements. A written application, together with a drawing showing the proposed usage and/or improvements, for such a street use permit shall be made to the administrative officer. A street use permit shall be granted only upon the determination by the administrative officer, based upon the following criteria, that the proposed usage of the right-of-way does not create a safety hazard:
(1) 
Sight visibility of vehicular and/or pedestrian traffic on adjacent or nearby streets, alleys or driveways will not be unreasonably impaired by the proposed usage.
(2) 
No unreasonable obstruction to pedestrian traffic over the right-of-way question will result from the proposed usage.
(3) 
No unreasonable potential physical danger to persons will result from the physical characteristics and composition of any proposed improvements.
(4) 
The width, traffic capacity and normal traffic volume of the adjacent and nearby streets are not such as to make the usage of right-of-way behind the back of the curb at the particular location involved unsafe.
(b) 
Any such street use permit shall contain and be subject to the following requirements:
(1) 
Any usage of right-of-way under a street use permit may be required by the city to be terminated upon sixty (60) days’ written notice, and upon such termination the adjoining property owner shall remove any improvements at his own expense.
(2) 
The owner of the adjacent property shall maintain the right-of-way covered by the street use permit in such a manner so as not to allow the creation of any unsafe condition.
(3) 
The city shall not be liable to the adjoining property owner for any damages to any property or improvements located within the right-of-way under a street use permit regardless of the nature or reason for any occurrence causing such damages.
(4) 
The owner of the adjacent property shall indemnify and hold the city harmless from any and all claims or damages of whatsoever nature arising out of or in any way connected with the usage of the right-of-way under the beautification or street use permit.
(c) 
Street use permits may be revoked by written notice from the administrative officer if the owner of the adjacent property violates or fails to comply with the safety, maintenance and insurance requirements set out above. Street use permits issued under this section shall remain effective until terminated or revoked by the city as provided in this section or until the authorized right-of-way usage is discontinued or the improvements are removed by the permittee.
(d) 
No street use permit for right-of-way usage under this section shall be permitted on state or federal highways and roadways without prior permission of the state department of transportation.
(Ordinance 76-79, sec. 2, adopted 5/25/76; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957 Code, sec. 16-62.1)
Authority to erect and maintain a fence in the right-of-way of local streets (being those streets indicated as local streets in the Midland/Odessa Regional Transportation Study, a copy of which is on file in the office of the director of public works) may be given by way of a street use permit applied for by the owner of the adjoining property, provided the following requirements and conditions are met:
(1) 
The right-of-way involved is adjacent to property used only for residential purposes.
(2) 
Any such fence must comply with all requirements of the zoning ordinance, the building code and any other applicable ordinances.
(3) 
No such fence may be erected or maintained nearer than four (4) feet to the back of the curb.
(4) 
It is determined by the administrative officer, based upon the criteria set forth for such determination in section 3-15-183, that the proposed fence will not constitute a safety hazard.
(5) 
All of the requirements and conditions set forth in section 3-15-183 for street use permits are met except the ten (10) feet requirement.
(6) 
For the purposes of this section, a fence shall be a wall type structure, nineteen (19) inches or greater in height, constructed parallel and/or perpendicular to the street. A wall type structure that is eighteen (18) inches or less in height shall be considered a retaining wall. Construction of a retaining wall in the right-of-way does not require a street use permit, but must comply with all other provisions of this division.
(Ordinance 76-79, sec. 3, adopted 5/25/76; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957 Code, sec. 16-62.2)
On streets where adequate right-of-way exists between the back of the curb and the property line, the owner of the adjacent property may apply for a street beautification permit to install landscaping, canopies, awnings, or other similar minor beautification improvements. A written application, together with a drawing showing the proposed improvements for the street beautification permit, shall be made to the administrative officer. A street beautification permit shall be granted only upon the determination of the administrative officer that the proposed improvements in the right-of-way do not create a safety hazard. All improvements shall conform to the criteria described in section 3-15-183, subsections (a)(1) through (a)(4), (b), (c) and (d).
(Ordinance 92-21, sec. 1, adopted 3/24/92; 1957 Code, sec. 16-62.3)
(a) 
Recessed parking areas may be installed only in special circumstances which do not interfere with traffic or other responsibilities of the city. Permission to allow a recessed parking area shall be granted only to the abutting property owner and where he agrees to be bound to accept future costs of reconstruction or upkeep as may be required. Recessed parking areas shall be constructed in conformance with plate 2-91 unless otherwise approved in writing by the administrative officer.
(b) 
Recessed parking areas shall not be allowed on major thoroughfares.
(c) 
A permit to install a recessed parking area shall be issued only after permission has been given to allow a recessed parking area.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957 Code, sec. 16-63)
(a) 
Location and angle of intersection.
(1) 
No driveway approach shall be permitted to encompass or encroach upon any municipal facility, provided that the relocation of municipal facilities may be authorized by the administrative officer if the construction of a driveway approach under the provisions of this division shall encroach thereon, and provided that such relocation shall be completed by and at the expense of the applicant and in accordance with specifications provided by the administrative officer in the permit issued therefor.
(2) 
Notwithstanding the foregoing provision of this section, the curb cut or beginning of the transition curb of the driveway approach shall not be less than twenty (20) feet from the back of curb of the nearest intersecting street or past the curb return, whichever is more restrictive.
(3) 
It is the intent and policy of this division that the location of a driveway approach in relation to the street intersection shall be such that a vehicle leaving the abutting property may turn into the lane of traffic moving in the desired direction and be channeled within such lane before crossing the intersection or proceeding along the street, and that a vehicle entering the abutting property may turn out of the nearest lane of traffic without interfering with other traffic.
(4) 
No laydown curb shall begin closer than five (5) feet to the interior property line, measured along the curb face, for a commercial driveway approach.
(5) 
No laydown curb shall begin closer than one (1) foot to the interior property line, measured along the curb face, for a residential driveway approach.
(6) 
Exceptions to subsection (5) can be made to begin transition curb at or past the interior property line providing the adjacent property owner signs an agreement furnished by the engineering department of the city. Signed letters are to be kept by the city.
(7) 
The interior angle formed by the extension of the axis of a driveway approach and the centerline of street shall be ninety degrees, unless otherwise approved by the administrative officer.
(b) 
Driveway approach width.
(1) 
The total amount of laid-down curb shall not occupy more than two-thirds of the frontage abutting the roadway of the tract of ground devoted to one (1) use. Where adjacent owners are using or will use off-street parking as a common parking lot, or when there are no physical barriers to prevent the use of the parking area as a common parking lot, then the area in question shall be deemed to be one (1) tract devoted to one (1) use for purposes of this division.
(2) 
For commercial or public establishments, the width or throat of an undivided driveway approach shall be thirty-five (35) feet, where possible, to comply with the other provisions of this division, but in no case shall the width be less than twenty-four (24) feet. Residential driveways shall not be greater than thirty (30) feet. However, for commercial and residential driveways, there may be exceptions to the width requirements as provided in subsection (4). All widths or throats of driveways shall be measured at right angles to the axis of the driveway approach.
(3) 
Where the driveway approach is divided by an effective physical barrier, the throat of the driveway approach may be a maximum of fifty-four (54) feet in width and shall be constructed in conformance with requirements of plate 4-91. The physical barrier shall not protrude into the right-of-way, and may not contain landscaping that creates any sight problems.
(4) 
Driveway approaches for motor vehicle docks and buildings with vehicle doorways may be as wide as sixty (60) feet. Where more dock space is required, the driveway approach shall be separated by a traffic island meeting the requirements of this division. Approaches built under the provision of this subsection need not be limited to a total width of two-thirds of the frontage as prescribed in subsection (1) of this subsection or limited as to number of driveway approaches, but must comply with all other provisions of this division.
(c) 
Number of driveway approaches allowed on major thoroughfares and collector streets.
No more than the following prescribed number of driveway approaches shall be allowed on thoroughfares and collector streets:
(1) 
No more than one (1) driveway approach shall be permitted on any lot or tract of land with frontage of ninety-nine (99) feet or less.
(2) 
No more than two (2) driveway approaches shall be permitted on any lot or tract of land with frontage of more than ninety-nine (99) feet but less than three hundred (300) feet.
(3) 
No more than three (3) driveway approaches shall be allowed for any lot or tract of land with more than three hundred (300) feet but less than six hundred (600) feet.
(4) 
For lots or tracts of land with frontage in excess of six hundred (600) feet, one (1) additional driveway approach may be allowed for each additional three hundred (300) feet of frontage in excess of six hundred (600) feet.
(5) 
If any proposed driveway approach is determined by the administrative officer to create a safety or traffic hazard, then such driveway approach shall not be permitted.
(6) 
At major intersections:
(A) 
No driveway approach shall be closer than forty (40) feet to the intersection measured from the property line.
(B) 
There may be an exception to the forty-foot requirement if the lot frontage width will not accommodate a minimum thirty-five-foot driveway approach with a forty-foot clearance; then one (1) driveway approach will still be allowed, and shall be located adjacent to the property line farthest from the intersection. See plate 10-91.
(d) 
Number of driveway approaches on other streets.
No more than the following prescribed number of driveway approaches shall be allowed on all streets other than major thoroughfares and collector streets:
(1) 
No more than two (2) driveway approaches shall be permitted on any lot or tract of land with frontage of one hundred (100) feet or less.
(2) 
No more than three (3) driveway approaches shall be permitted on any lot or tract of land with frontage of more than one hundred (100) feet but less than three hundred (300) feet.
(3) 
No more than four (4) driveway approaches shall be permitted for any lot or tract of land with frontage of more than three hundred (300) feet but less than six hundred (600) feet.
(4) 
For any lots or tracts of land with frontage in excess of six hundred (600) feet, one (1) additional driveway approach may be allowed for each additional three hundred (300) feet of frontage in excess of six hundred (600) feet.
(e) 
Intermediate island between two driveway approaches.
Between any two (2) driveway approaches there shall be an intermediate island within the right-of-way, not less than fifteen (15) feet in length, measured along the property line, and not less than fifteen (15) feet measured along the curb face between stand-up points or transition curb or between tangent points of return radii.
(f) 
Construction details.
(1) 
All driveway approaches shall have a minimum ramp length of four (4) feet on each side of the driveway approach, with the throat of the driveway approach being eight (8) feet narrower than the mouth of the driveway approach. The mouth of the driveway approach is that portion of the approach adjacent to the back of the laydown curb, and the throat of the driveway approach is that portion of the approach nearer the property line. Every driveway approach shall be at least four (4) feet in length or depth from the back of the laydown curb, and additionally every driveway approach shall be at least such length or depth as any sidewalk area adjacent to the back of the curb. Commercial approaches may have ten (10) feet radius in place of four-foot ramps if approved by the administrative officer.
(2) 
In all cases the driveway approach shall be of such width and so located as to allow safe and easy turning of vehicles either into or out of the abutting property served by such driveway approach.
(g) 
Limitation on use.
Driveway approaches shall not be constructed or used for angle or recessed parking. To qualify as a driveway approach, the approach must provide access to a vehicle doorway, a dock, or an off-street parking lot with sufficient room for the vehicle to maneuver and reenter the street front-first from said parking lot.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 75-95, secs. 10–14, adopted 10/14/75; Ordinance 77-145, sec. 1, adopted 12/13/77; Ordinance 77-146, sec. 1, adopted 12/13/77; Ordinance 79-126, sec. 1, adopted 9/11/79; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957 Code, sec. 16-64)
In case a laydown curb, driveway approach, or recessed parking area has become a hazard, the city may remove such laydown curb, driveway approach or recessed parking area and replace it with standard curb and gutter and where necessary a sidewalk.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957 Code, sec. 16-64.1)
All devices for servicing vehicles shall be so located that no part of the vehicle will extend into the right-of-way. In no case shall any part of the device or its appurtenances’ construction be nearer than twenty (20) feet from the right-of-way.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 75-95, sec. 15, adopted 10/14/75; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957 Code, sec. 16-64.2)
When the work is carried on in or adjacent to any street, alley, sidewalk or public place, the permittee shall, at his own cost and expense, furnish and erect such barricades, fences, lights and danger signals, shall provide such flagmen, and shall take such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades shall be painted in two (2) contrasting colors so as to provide visibility at night. From sunset to sunrise, the permittee shall furnish and maintain appropriate lights at each barricade. A sufficient number of barricades shall be erected to keep vehicles from being driven onto or into any work which might be a hazard to the public. The permittee will be held responsible for all damage to the work due to failure of barricades, signs, lights and flagmen to protect it, and, when damage is incurred, the damaged portion shall be immediately removed and replaced by the permittee at his own cost and expense. The permittee’s responsibility for the maintenance of barricades, signs and lights and for providing flagmen shall not cease until the project has been completed and accepted by the city.
(Ordinance 92-21, sec. 1, adopted 3/24/92; 1957 Code, sec. 16-64.3)
The contractor shall and hereby does guarantee:
(1) 
All work performed by him directly and all work performed by his subcontractors;
(2) 
That all material and workmanship used in this project are of the quality, quantity and character specified; and
(3) 
That any defect due to improper workmanship or material discovered and made known to him within one (1) year of the date of final acceptance of the improvements shall be repaired, replaced, corrected or otherwise made good by him without additional expense to the city.
(Ordinance 92-21, sec. 1, adopted 3/24/92; 1957 Code, sec. 16-64.4)