(a)
Anyone
desiring to develop a subdivision or building site shall be required
to construct and/or install all necessary improvements, including,
but not limited to, streets, alleys, driveway approaches, sidewalks,
drainage and utilities within and adjacent to the property to be developed.
(b)
All
improvements constructed, altered or maintained within the public
right-of-way of streets and alleys or any public easement shall be
accomplished in accordance with this article, all other applicable
city ordinances and state statutes, the City of DeSoto Paving and
Drainage Standards, Standard Specifications for Public Works Construction,
Design Manual and the Texas Manual on Uniform Traffic Control Devices.
(c)
No
person shall place, construct or erect any temporary or permanent
object or structure within, upon, along, or across any public street,
alley, right-of-way or any public easement in the city, including
the land located between the property line of a lot, tract or parcel
and the adjacent curb, and if no curb exist, then to a line ten feet
(10') from the edge of the street pavement toward the property line,
without the consent of the city unless otherwise allowed by law.
(1995 Code of Ordinances, Chapter 3, Article 3.1100,
Section 3.1101)
(a)
The
director of public works shall administer the construction of improvements
within the public right-of-way.
(b)
This
section shall not be construed as imposing upon the city or any city
official or employee any liability or responsibility for damages to
any person injured by the performance of any construction or excavation
work for which a permit is issued hereunder; nor shall the city or
any official or employee thereof be deemed to have assumed any such
liability or responsibility by reason of inspections authorized hereunder,
the issuance of any permit or the approval of any excavation work.
(c)
In
case any improvement has become a hazard, the city may remove such
improvement and replace it with improvements that mitigate the hazard
and are in compliance with this article.
(d)
Prior
to approval and recording of the final plat or replat of any subdivision
for which improvements are required by the City of DeSoto, there shall
be a subdivision improvements agreement executed by the developer
and the city, setting forth the improvements required in connection
with said subdivision. Such improvements shall include street, alley,
water, sewer, drainage and any other applicable public improvements.
The subdivision improvements agreement shall grant a contract lien
to the city upon the property contained in the subdivision securing
the costs and expenses of installing and constructing the required
subdivision improvements. In lieu of the requirement for a lien in
the subdivision improvements agreement, the developer shall have the
option of securing the estimated costs and expenses for the required
subdivision improvements by a bank escrow agreement, a bank letter
of credit, the deposit with the city of a bank cashier's check, a
developer's subdivision bond or any other security device approved
by the city council at the time of its approval and ratification of
the subdivision improvements agreement.
(e)
In
connection with the contract lien created by a subdivision improvements
agreement, the director of finance of the city shall be authorized
to execute a release of all or any portion of such subdivision from
the lien upon verification by the director of public works that such
release will not impair sufficient security of the city concerning
the required subdivision improvements due to partial or full completion
of the required improvements or due to other applicable considerations.
(f)
Plans
and specifications for all improvements shall be submitted to the
city engineer for review and acceptance prior to approval and recording
of the final plat or replat of any subdivision.
(g)
All
contracts for construction will contain performance and payment bonds
as required by state law. When the city is requested to participate
in the cost of construction, the contract shall be let for bids in
accordance with applicable state statutes and city ordinances and
approved by the city council.
(h)
All
construction contemplated by this article shall be inspected in accordance
with procedures established by the city engineer. Construction will
be complete when the improvements are accepted by the director of
public works.
(1995 Code of Ordinances, Chapter 3, Article 3.1100,
Section 3.1102)
(a)
Permit
Required.
All construction within the public right-of-way
of the city is prohibited unless a permit therefor has first been
obtained from the director of public works or the city as herein provided,
or unless the work is specifically exempt therefrom.
(b)
Exemptions
from Permit Requirements.
(1)
Work done by the city or under city contract and under direction
of the city is exempt from the permit fee provisions of this article,
but such work must be done in compliance with all of the other provisions
of this article.
(2)
Work done by public utility companies operating under a current franchise
from the city, or contractors for such public utility company, is
exempt from the permit fee provisions of this article, but such work
must be done in compliance with all of the other provisions of this
article.
(3)
Work done by governmental agencies or by contractors under contract
and under supervision of governmental agencies is exempt from the
permit fee provisions of this article, but such work must be done
in compliance with all of the other provisions of this article.
(c)
Permit
Fees.
Permit fees shall be as provided for in the fee
schedule found in the appendix of this code.
(d)
Application
for Permit.
(1)
No permit hereunder shall be issued unless a written application
for the issuance of said permit is submitted to the city engineer,
the permit to contain such information as may be required by the city
engineer.
(2)
Two (2) sets of plans or sketches must be submitted showing the extent
of the proposed work and/or such other information as may be required
under the circumstances by the city engineer.
(e)
Issuance
of Permit.
(1)
The director of public works shall issue a permit hereunder, after
receipt of a proper application together with the permit fee and proper
bond and insurance certificates, provided that the city engineer is
convinced that the submitted plans for construction will meet all
requirements of this article and other applicable city and state laws.
(2)
Upon approval of the permit, the city engineer shall deliver to the
applicant such permit with one set of plans for the proposed work,
indicating approval thereon, any revisions required in the proposed
work, and grades and/or bench marks necessary for compliance with
the city design requirements. Where there are special conditions,
practical difficulties, or unnecessary hardships in the way of literal
enforcement of the strict letter and provisions of this article, the
director of public works is hereby authorized to vary the application
of any such provisions in harmony with the general purpose and intent
of this article, but consistent with public interest, safety, and
general welfare. Any substantial variances shall be in writing and
shall be specifically noted in the permit issued by the director of
public works.
(f)
Emergency
Action.
In the event of any emergency in which a water or sewer main, conduit, or other utility in or under any street breaks, or is in such condition as to immediately endanger the property, life, health or safety of any individual, the person causing or knowing of such damage, breaks or condition shall immediately notify the owner of such facility of such fact, and the person owning or controlling such water or sewer main, conduit or other utility, without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such person owning or controlling such facility, unless exempt under subsection (b) shall apply for a permit not later than the end of the next succeeding day during which the city engineer's office is open for business, and shall not proceed with permanent repairs without first obtaining a permit hereunder.
(g)
Construction
Bond.
Before a construction permit as herein provided
is issued to an applicant, a bond in the amount of ten thousand dollars
($10,000.00) shall be provided to the city. A bond of two thousand
dollars ($2,000.00) will be permitted where the work to be performed
by the applicant shall not exceed two thousand dollars ($2,000.00)
in value for any one permit he may acquire for that work within the
right-of-way. The required bond must be:
(1)
With a good and sufficient corporate surety authorized to do business
in the State of Texas.
(2)
Duly completed on a form prescribed and furnished by the city.
(3)
Conditioned upon the permittee's compliance and performance in accordance
with the Code of Ordinances and the specifications of the city; and
the bond is further conditioned that the permittee shall restore and
place in good and safe condition, as near as practical to original
condition, all openings and excavations made in all streets, alleys
or other public right-of-way. An annual bond may be given under these
provisions which shall remain in force for a period of one year from
the date of the initial permit granted hereunder, or until all work
in public right-of-way under any permit granted during the year after
the date of the original permit, has been completed.
Construction contractors who have provided bonds of greater
amount under the terms of a contract with the city or other governmental
agency are exempt from additional bond requirements under this subsection.
(h)
Public
Liability Insurance.
Before work may begin under a permit
issued in accordance with this section, the permittee shall file with
the city engineer, and thereafter keep in full force and effect throughout
the time of work, a policy, or policies, for comprehensive general
liability insurance, issued by an insurance company authorized to
do business in the State of Texas, which policy shall be performable
in Dallas County, Texas, insuring the public against any loss or damage
that may result to any person or property caused by the negligent
or willful acts of said permittee or his agents or employees in the
construction of or growing out of the construction of said work. The
maximum amount of recovery under such insurance policy shall not be
less than the following sums for damages caused by the construction
of said work:
(1)
For bodily injury or death in any one occurrence and in the aggregate
- three hundred thousand dollars ($300,000.00)
(2)
For the injury or destruction of property in any one occurrence and
in the aggregate fifty thousand dollars ($50,000.00)
All insurance policies shall contain a provision for a continuing
liability thereon up to the full amount thereof, notwithstanding any
recovery thereon. It shall be the duty of the permittee and the surety
to give notice to the city, by filing written notice with the director
of public works, of the expiration of the policy at least ten (10)
days before the expiration thereof.
Construction contractors who have provided public liability
insurance of greater amount under the terms of a contract with the
city or other governmental agency are exempt from additional requirements
under this subsection.
(1995 Code of Ordinances, Chapter 3, Article 3.1100,
Section 3.1103; Ordinance 2100-17 adopted 9/5/17)
(a)
Extent
of Construction Required.
(1)
Commercial.
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 director
of public works. Right-of-way improvements may be required for additions
to existing buildings. All construction in the right-of-way shall
be subject to the provisions of this article and the City of DeSoto
subdivision ordinance. Construction improvements within 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 chapter.
(2)
Residential.
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 article; however, any construction
that is done in the right-of-way shall be done in compliance with
the provisions of this chapter. 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 chapter. Notwithstanding any of
the above provisions in this subsection, whenever any structure is
built on a lot or moved onto a lot and used for residential purposes,
the installation of sidewalks around such lot shall be required if
either of the following conditions exist:
(3)
The use of any property, construction and improvements existing and
lawful at the time of the enactment of this article or any amendment
thereto may be continued although such use does not conform to the
provisions and regulations of this article.
No such nonconforming use or condition of any property, construction
or improvement shall be hereafter extended or materially altered unless
such extension or alteration shall conform to the provisions of this
article; but nothing herein shall be deemed to prevent the normal
maintenance or repair of any such nonconforming construction or improvement
unless such nonconforming use creates a hazardous condition.
(b)
Routing
of Traffic.
The normal conditions of traffic will not
be disrupted without the approval of the city engineer. The city engineer
shall prescribe such traffic control as he deems necessary.
(c)
Prompt
Completion of Work.
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.
(d)
Urgent
Work.
If, in his judgment, traffic conditions, the safety
or convenience of the traveling public or the public interest, require
that the work be performed as emergency work, the director of public
works shall have full power to order, at the time the permit is granted,
that a crew of men and adequate facilities be employed by the permittee
twenty-four (24) hours a day to the end that such work may be completed
as soon as possible.
(e)
Restoration
of Surface.
The permittee shall restore all streets,
damaged as a result of the construction work, to their original condition
in accordance with the city standard specifications. Acceptance or
approval of any work by the city engineer shall not prevent the city
from asserting a claim against the permittee and his or its surety
under the required surety bond for incomplete or defective work if
discovered within twelve (12) months from the completion of the work.
The city engineer's presence during the performance of any work shall
not relieve the permittee of his responsibilities hereunder.
(f)
Protection
of Adjoining Property.
The permittee shall at all times,
and at his own expense, preserve and protect from injury any adjoining
property by providing proper safeguards and taking measures adequate
for the purpose.
(g)
Protection
of watercourses.
The permittee shall provide for the
flow of all watercourses, sewer or drains intercepted during the work
and shall replace the same in as good condition as they were found,
or shall make such provisions for them as the city engineer may direct.
The permittee shall not obstruct the gutter of any street, but shall
use all proper measures to provide for the free passage of surface
water. The permittee shall make provisions to take care of all surplus
water, muck, silt, slicking or other runoff pumped from excavations
or resulting from sluicing or other operations and shall be responsible
for any damage resulting from his failure to so provide.
(h)
Removal
and Protection of Existing Improvements.
The permittee
shall not interfere with any existing improvements without the written
consent of the director of public works and the person owning the
improvements. If it becomes necessary to remove an existing improvement,
this shall be done by its owner. No improvements owned by the city
shall be moved to accommodate the permittee unless the cost of such
work be borne by the permittee. The cost of moving privately-owned
improvements shall be similarly borne by the permittee unless he makes
other arrangements with the person owning the improvement. The permittee
shall protect any improvements which may be in any way affected by
his work. In case any of said improvements should be damaged, they
shall be repaired in conformance with all applicable requirements
by the permittee, and his or its bond shall be liable therefor. The
director of public works shall have the authority to cause said necessary
labor and materials to be furnished by the city and the cost shall
be charged against the permittee, and the permittee shall also be
liable on his or its bond therefor. The permittee shall be responsible
for any damage done to any public or private property by reason of
the breaking of any water pipes, sewer, oil pipe, gas pipe, electric
conduit, telephone conduit or other utility and his bond shall be
liable therefor. The permittee shall inform himself as to the existence
and location of all underground utilities and protect the same against
damage.
(1995 Code of Ordinances, Chapter 3, Article 3.1100,
Section 3.1104)
(a)
Maintenance
of Public Rights-of-Way.
(1)
Any owner, occupant or tenant of any lot or parcel of land located
within the city shall maintain or cause to be maintained the area
of land located between the property line of the lot, tract or parcel
and the adjacent curb, and if no curb exists, then to a line ten (10)
feet from the edge of the street pavement toward the property line.
(2)
Any owner, occupant or tenant of any lot or parcel of land located
within the city shall maintain or cause to be maintained the area
of land located between the property line of the lot, tract or parcel
and the edge of the adjacent alley pavement.
(3)
Any owner of property abutting on a public street and sidewalk shall
clean and maintain in good repair the sidewalk and any driveway approach
apron crossing the sidewalk.
(4)
The owner of property which abuts on any public street, sidewalk
or driveway approach apron shall be liable for any injury or damage
arising from a defect or defects caused by any act of omission, failure
or negligence relative to the maintenance or repair of such sidewalk
or driveway approach apron crossing such sidewalk.
(b)
Maintenance
of Trees, Shrubs and Vegetation.
It shall be unlawful
for any owner, occupant or person in charge of adjacent property to:
(1)
Allow the branches of any tree to extend over or into a public street
or alley at a height less than fourteen and one-half (14-1/2) feet.
(2)
Allow the branches of any tree to extend over a sidewalk at a height
of less than eight (8) feet.
(3)
Allow any shrubbery or similar vegetation to extend into or over
any sidewalk blocking or hindering pedestrian access.
(c)
Maintenance
of Easements.
(1)
It shall be unlawful to construct or place any temporary or permanent
structure within, on or over any public utility or drainage easement
except for utilities or facilities associated with drainage. The property
owner may place removable section-type fencing, asphalt or concrete
paving, or landscaping within any dedicated public utility or drainage
easement. The city or franchised utility of the city shall not be
required to replace anything that must be removed during the course
of maintenance, construction or reconstruction within any public utility
or drainage easement.
(2)
The property owner shall maintain the property containing any easement
in the same manner as would be required if the easement did not exist.
(3)
The property owner shall not hinder the ability of the easement owner
to fully utilize the area of the easement for the purposes, including
construction and maintenance of improvements within the easement,
for which the easement was obtained.
(1995 Code of Ordinances, Chapter 3, Article 3.1100,
Section 3.1105)
In addition to any remedial action or abatement procedure contained
in this Code of Ordinances, any person violating any provisions of
this article shall be punished as provided for in this Code of Ordinances.
(1995 Code of Ordinances, Chapter 3, Article 3.1100,
Section 3.1106)
