In this article:
Channelization.
The use of traffic lane markers and/or curbed barriers to force vehicular traffic to follow a desired line of travel, often used to deny vehicles certain turning movements that would create traffic safety hazards.
City engineer.
The person who holds the position of city engineer.
City secretary.
The person who holds the position of city secretary.
Contractor.
Any individual, partnership, association, or corporation engaged in the business of installing or altering facilities within a public right-of-way. This term applies to any entity which represents itself to be engaged in this business, whether or not it is actually doing the work.
Curb.
A vertical or sloping structure located along the edge of a roadway, normally constructed integrally with the gutter, which strengthens and protects the pavement edge and clearly defines the pavement edge to vehicle operators.
Curb cut.
An opening in a curb to allow the roadway pavement to meet the pavement of a driveway approach or an intersecting roadway, or, where no physical curb exists, the length along the roadway edge where the transitional pavement exists or is proposed.
Director of public works.
The person who holds the position of director of the city public works division.
Driveway approach.
The transitional pavement between the roadway and abutting property, installed in a curb cut to provide vehicular access from the roadway to the abutting property.
Engineer.
A person duly authorized under the Texas Engineering Registration Act, as amended, to practice the profession of engineering.
Gutter.
The area of pavement adjacent to a curb, designed to transport stormwater runoff along a roadway.
Inlet.
An opening in a curb and/or gutter designed to intercept stormwater runoff flowing along a gutter.
Intersection.
The common area contained between the projected edge line of two or more roadways which join at any angle, whether or not one street actually crosses the other.
Pedestrian way.
A portion of a right-of-way, not on the roadway, usable for pedestrian traffic.
Right-of-way.
The publicly owned area between private properties lines designated as an easement for a roadway, whether or not the roadway is actually installed.
Roadway.
That portion of the right-of-way designed and ordinarily used for vehicular travel, usually surfaced with a pavement.
Sidewalk.
A paved pedestrian way generally located within the public street right-of-way, but outside the roadway, and built in accordance with city specifications.
Street.
A public right-of-way which provides primary vehicular access to adjacent land, whether designated as a street, highway, thoroughfare, parkway, throughway, avenue, lane, boulevard, road, place, drive or however otherwise designated. Various types, categories and classifications of streets include:
(1) 
Street, arterial.
A thoroughfare designated as a freeway, expressway, major arterial or minor arterial in the most recently adopted city thoroughfare plan. The primary function of an arterial is to carry traffic through the city. An arterial is designed for as high a speed as possible, to carry as much traffic as possible. It is also known as a major thoroughfare.
(2) 
Street, collector.
A street that primarily carries traffic from local or residential streets to major thoroughfares and highways, including the principal entrance streets for circulation to schools, parks and other community facilities within a development, and also including all streets that carry traffic through or adjacent to commercial or industrial areas.
(3) 
Street, frontage.
A local street lying parallel to and adjoining a major street right-of-way, which provides access to abutting properties.
(4) 
Street, local or residential.
A street used primarily for access to abutting residential property. It is of a width and design to discourage through traffic, thereby protecting the residential area. A local street serves the same purpose in a commercial or industrial district.
(5) 
Street, marginal access.
A street parallel and adjacent to an arterial street and that primarily provides vehicular access to abutting properties and protection from through traffic.
(6) 
Street, private or service drive.
A vehicular accessway under private ownership and maintenance that has not been dedicated to the city and accepted by the city.
Type I driveway approaches.
Those driveway approaches located solely for access to individual single-family, duplex or townhouse structures.
Type II driveway approaches.
Those driveway approaches located solely for access to all other structures than those cited in the definition of type I driveway approaches.
(Ordinance 1270 adopted 5/12/11)
The city council makes the following findings:
(1) 
The right of the public to free and unhampered passage over the public streets and sidewalks shall be held paramount over the convenience of access to abutting private properties.
(2) 
The city must be able to exercise a reasonable measure of control over the placement and quality of access to city streets and over the timing and quality of construction of accessways in order to ensure that the public can use city streets safely.
(3) 
The city should be able to exercise necessary control; the city council desires to adopt standards for the provision of access.
(Ordinance 1270 adopted 5/12/11)
In addition to the penalties prescribed in Section 1.109:
(1) 
Any person holding a building permit or a public right-of-way construction permit who violates this article is subject to revocation of any and all permits; and
(2) 
Any person violating this article shall be liable to the city for any expense, loss or damage resulting from the violation.
(Ordinance 1270 adopted 5/12/11)
(a) 
Any person desiring to construct and/or modify a driveway approach within the city limits or within the city’s extraterritorial jurisdiction (ETJ) on an existing state highway or farm-to-market roadways shall apply to the city for a permit to construct and/or modify the driveway approach at the desired location. The permit is termed an “access driveway permit.”
(1) 
The city engineer shall promulgate policies and procedures, if necessary, to facilitate applications, including requirements for plans and specifications for the construction of any driveway approach.
(2) 
The city engineer shall promulgate design and materials standards for driveway approaches, which shall govern the design and construction of all driveway approaches at the desired locations.
(3) 
If determined by the city engineer to be necessary, the city engineer may perform or cause to be performed a study of the effects of sitting a driveway approach at the desired location upon the ability of the street system to smoothly and safely pass vehicular traffic and of the sidewalk system to safely pass pedestrian traffic.
(4) 
The city engineer may deny the permit or the proposed driveway approach, if it is determined that the proposed driveway approach would cause disruption of traffic flow, or would adversely affect the safety of vehicular and/or pedestrian traffic at that location.
(A) 
The city shall not deny vehicular access to private property by the execution of its power under this article. Denial of a permit of the proposed driveway approach shall not be construed as denial of access as long as an alternate access route to the property, acceptable to the city, is available.
(B) 
Channelization of a driveway approach may be required to mitigate traffic conflicts if access alternatives not creating conflicts are unavailable.
(C) 
Multiple driveway approaches to access a single parcel of property abutting an arterial street shall be avoided wherever possible.
(D) 
Property abutting an arterial street shall obtain access from a nonarterial street wherever possible.
(5) 
All applications for a permit or a proposed driveway approach on a city street which is also a state highway shall be submitted to the Texas Department of Transportation (TXDOT) for their approval of drainage plan before the approval of the driveway approach may be granted.
(b) 
A fee shall be paid to the city upon application for an access driveway permit. The amount of the application fee is established as a one hundred and fifty ($150.00) dollar fee which is set by the city council. No application shall be considered to have been received by the city until the fee has been paid.
(c) 
Procedures for denial of the permit and appeal are as follows:
(1) 
If the city engineer disapproves an application for a permit or driveway access and denies it, the applicant shall be notified of this action in writing via certified mail. This notice shall include a statement of the reasons for disapproval and denial, which shall be based upon the requirements of this article and/or upon sound traffic engineering principles and/or upon the standards and specifications for driveway approach design and construction which are promulgated by the city engineer.
(2) 
An applicant for a permit or driveway access approval who has been denied may reapply for a permit or approval for a driveway approach to access the same parcel of property, provided the following conditions are met:
(A) 
The required fee, if applicable, is submitted along with the application.
(B) 
This new application outlines how the applicant proposes to ameliorate the reasons for disapproval of the previous application. This new application must contain all requisite information and may not rely upon references to any previous submittals for completeness.
(3) 
Any person aggrieved by an interpretation of this article or by any decision or ruling of the city engineer under this article shall have the right to make an appeal to the city council. The appeal shall be perfected by giving a written notice containing the following information to the city secretary within 15 days of the issuance of the decision or ruling of the city engineer:
(A) 
The name and address of the person making the appeal.
(B) 
The facts surrounding the particular ruling.
(C) 
The ruling of the city engineer.
(D) 
The reasons why the ruling should be set aside.
(4) 
Not later than 45 days from the filing of the appeal, the city council shall hear the appeal, together with the testimony of all parties concerned, and make a written statement of findings of fact not more than ten days after the conclusion of the appeal. In hearing the appeal, the council shall not consider waiving or setting aside the requirements of this article but shall only consider the proper interpretation of this article.
(d) 
Obtaining a permit or driveway access approval conveys a right to site, construct and maintain a driveway approach at the permitted location for a period of five years from the date that the permit is issued. At the conclusion of this time period, driveway approaches permitted under this article will become subject to closure under the same procedures outlined in this article for driveway approaches existing on the effective date of the ordinance from which this article was derived.
(e) 
No building permit shall be issued for which an approved driveway approach for the building to be permitted has not been made by the city or as varied or approved by the city council.
(Ordinance 1270 adopted 5/12/11)
(a) 
Type I Driveway Approaches.
To obtain a permit or approval of a driveway approach as required by Section 3.1304, the contractor or authorized representative shall file with the city an application in writing on a form to be furnished for that purpose. Each application shall describe the proposed work and shall describe the private property adjacent to the proposed work on public property either by lot, block, tract, house number and location on the street or similar description which will readily identify and definitely locate the site of the construction. Each applicant shall give any other pertinent information required by the city’s building official. The building official will review and approve all type I driveway approach application.
(b) 
Type II Driveway Approaches.
To obtain a permit or approval of a driveway approach as required by Section 3.1304, the applicant or his authorized representative shall file with the city an application in writing on a form to be furnished for that purpose. The application shall include a lot or plot plan furnished by the applicant in a form approved by the city engineer and shall be drawn to scale or shall show all dimensions required to locate the driveway approach and other facilities required to be shown by this section and shall include the following:
(1) 
The dimensions and location of proposed driveway approaches.
(2) 
Parking layout and the location of any proposed buildings or structures.
(3) 
All existing driveway approaches or curb openings located on the adjoining tract or lot and within 50 feet of the common property line.
(4) 
All existing buildings or structures on abutting property, if buildings are located within 50 feet of the extension of the driveway approach or proposed driveway approach.
(5) 
All existing and/or proposed sidewalks, driveway approaches, curbs, gutters, pavements, public utility or signal poles, storm sewer inlets, manholes, fire hydrants or other appurtenances that may affect the location of construction and all trees with trunks measuring 15 inches or greater in circumference as measured 4-1/2 feet above natural ground, located in the street right-of-way adjacent to the lot or tract affected by the proposed construction.
(6) 
Street width and curb openings on the opposite side of the roadway and, if applicable, median openings within the same limits of subsections (b)(3) and (4) of this section.
(7) 
The distance to all intersecting public streets which are within 100 feet of proposed driveway approaches or as needed to properly locate the proposed driveway approaches.
(8) 
A certificate by the applicant that the proposed driveway approach will comply in all respects as required by the “Texas Department of Transportation 2009 Access Management Manual,” maintained in the office of the city secretary.
(A) 
For any construction standard variance, a certificate of variance must be approved and signed by the city council.
(B) 
Additional information concerning unique physical site characteristics as the city engineer may, in his discretion, require.
(9) 
The method of disposal and the disposal site for all unused material, dirt, debris and loose concrete.
(c) 
Variances.
Any deviation or variance granted by the city council must be coordinated with TXDOT before the approval of the driveway approach may be granted.
(Ordinance 1270 adopted 5/12/11)
The city engineer may request written comments on each access driveway permit or driveway approach application from the various affected departments of the city, including the public works department and from the public utilities, franchise holders and, as applicable, the state department of highways and public transportation and shall allow a period of ten working days for the receipt of all comments or objections from every request recipient. When the city engineer receives an objection based upon a demonstrable conflict with an ordinance or regulation of the city or with a state or federal statute or with a recognized standard or engineering practice, the city engineer may refuse to approve the permit, provided that written notice of disapproval is sent to the permit applicant stating clearly the grounds for disapproval.
(Ordinance 1270 adopted 5/12/11)
(a) 
A driveway approach in existence and functioning as an access route to a parcel of property on the effective date of the ordinance from which this article derives may not be closed for five years thereafter without the consent of the owner of the parcel of property so accessed.
(b) 
Five years after the effective date of the ordinance from which this article was derived, the city engineer may order that any driveway approach on any public right-of-way be closed and cease to function as a point of vehicular access to the abutting property, provided the following conditions are met:
(1) 
On the basis of a study made to determine its impacts on the smooth and safe flow of vehicular and pedestrian traffic, the city engineer determines that continuing to allow the driveway approach to remain open would have a significant detrimental effect on traffic operations and/or safety.
(2) 
Closing the driveway approach does not result in the abutting property being denied reasonable access to a public street. If the consequences would result from the closure, the city engineer may direct that an alternative access route be developed. The alternative access route shall be complete and functional before a driveway approach is closed.
(3) 
The owners of all property directly served by the driveway approach are notified in writing via certified mail at least 120 days prior to the date when the closure is to be executed.
(c) 
Appeal procedures are as follows:
(1) 
Any person aggrieved by an interpretation under this section or by any decision or ruling of the city engineer under this section shall have the right to make an appeal to the city council. The appeal shall be perfected by giving a written notice containing the following information to the city secretary within 15 days of the issuance of the decision or ruling of the city engineer:
(A) 
The name and address of the person making the appeal.
(B) 
The facts surrounding the particular ruling or refusal to make a ruling.
(C) 
The ruling, if any, of the city engineer.
(D) 
The reasons why the ruling should be set aside or, if the ruling was refused, why the ruling should be made.
(2) 
Appeal of the closure must be filed in writing with the director [or] city secretary within 30 days of the date that the certified mail notice of the closure was delivered. The notice of appeal must point out specifically how, in the opinion of the owner, access has been denied. The city council shall set a date for a hearing to be held no later than 45 days after the date on which the appeal is filed. The owner shall be notified in writing via certified mail of the hearing date and time. The council may order if it finds that closure of the driveway approach effectively denies reasonable access to the owner’s property.
(Ordinance 1270 adopted 5/12/11)
Sidewalks, driveway approaches, curbs, gutters, pavements and appurtenances on public property and other facilities to provide access to abutting property shall be constructed, provided, altered or repaired in accordance with “Texas Department of Transportation 2009 Access Management Manual” and as prescribed by the following standards:
(1) 
Type I Driveway Approaches.
Shall comply with the following standards:
(A) 
Width of Driveway Approach.
Shall conform to the dimensions as required by table I.
(B) 
Radius.
Driveway approaches shall be constructed with either winged side slopes or with return curbs having a rolled face disappearing at the sidewalks and joining the street curb with a radius to conform to the dimensions as required by table I. Winged side slopes shall be used whenever a curb return may present an architectural barrier within a pedestrian path.
(C) 
Removal of Sidewalk.
Where a driveway approach is designed to cross an existing sidewalk, the sidewalk included in the driveway approach area shall be removed and reconstructed as a driveway approach, unless the city engineer has determined that the section of sidewalk fully complies with the requirements of this section for driveway approaches.
(D) 
Removal of Curb and Gutter.
Where a driveway approach is to be constructed at a location where a curb and gutter is in place, the curb and gutter shall be removed to the nearest existing construction joint or a new construction joint formed by other methods, as may be approved by the city engineer. The driveway approach shall be constructed monolithically with the new curb and gutter section and shall extend back to the property line. If the existing curb and gutter is found to be of satisfactory condition and strength, as determined by the city engineer, a one-inch minimum depth longitudinal and vertical saw cut or equal cut along the face of the curb may be required for curb removal. Curb removal shall extend to the bottom of the cut. New driveway approach concrete at the cut shall be a minimum of two inches thick.
(E) 
Drainage.
Driveway approaches shall be designed to prevent the entrance of water from the street onto private property, except that a drainage system may be provided within the property to handle water coming from the street. Driveway approaches constructed below the street curb grade shall be deemed substandard, and the permit applicant/property owner shall be required to provide a certificate by a state-registered professional engineer certifying to the adequacy of the drainage system provided within the property to handle water coming from the street as a result of the substandard construction.
(F) 
Release of City.
In consideration for the approval of substandard construction, the applicant/property owner is required to release and acquit the city from any and all damages that may result from substandard construction. The form of release shall be as approved by the city attorney.
(2) 
Type II Driveway Approaches.
Shall comply with the following standards:
(A) 
Width of Driveway Approach.
The width of any driveway approach shall conform to the dimensions as required by table I, and the width shall be as measured along the property line, except that driveway approaches for motor vehicle docks, within a building, shall not exceed 60 feet in width at the property line. Where more dock space is required, the driveway approaches shall be separated by a traffic island meeting the standards set out in subsection (2)(D) of this section.
(B) 
Maximum Space to be Occupied by Driveway Approaches.
Driveway approaches shall not occupy more than 70 percent of the roadway abutting frontage of the tract of ground devoted to one particular use, except as noted in subsection (2)(O) of this section.
(C) 
Number of Driveway Approaches Allowed.
Not more than two driveway approaches shall be permitted on any parcel of property with a frontage of 150 feet or less, except that additional openings may be permitted with the approval of the city engineer for the necessity and convenience of the public.
(D) 
Separation Between Driveway Approaches.
When more than one driveway approach is required to serve a parcel of property, the driveway approaches shall be separated by a minimum distance, as measured at the property line, as required by table I.
(E) 
Requirements for Safety Curb or Secured Parking Block.
Where the grade at the property line may result in part of the vehicle extending into the pedestrian way, a safety curb or secured parking blocks shall be located so that no part of a vehicle shall extend over the property line into the right-of-way. The safety curb or parking blocks shall be constructed or arranged to end 24 inches from the intersection of the driveway approach with the property line.
(F) 
Joint Approaches.
Driveway approaches shall be located entirely within the frontage of the premises abutting the work, except that joint driveway approaches with adjoining property holders may be permitted provided joint application is made by all interested parties and the required width, as measured at the property line, is not exceeded.
(G) 
Angle of Driveway Approach.
The angle of the driveway approach with the curbline shall be approximately 90 degrees for two-way driveways, or 45 degrees to 90 degrees for one-way driveways.
(H) 
Radius.
Driveway approaches shall be constructed with either winged side slopes or with return curbs having a rolled face disappearing at the sidewalks and joining the street curb with a radius to conform to the dimensions as required by table I. Winged side slopes shall be used whenever a curb return may present an architectural barrier within a pedestrian path.
(I) 
Sidewalk to be Removed.
Where a driveway approach is designed to cross an existing sidewalk, the sidewalk included in the driveway approach area shall be removed and reconstructed as a driveway approach unless the city engineer has determined that the section of sidewalk fully complies with the requirements of this section for driveway approaches.
(J) 
Removal of Curb and Gutter.
Where a driveway approach is to be constructed at a location where a curb and gutter is in place, the curb and gutter shall be removed to the nearest existing construction joint or a new construction joint formed by other methods as may be approved by the city engineer. The driveway approach shall be constructed monolithically with the new curb and gutter section and shall extend back to the property line. If the existing curb and gutter is found to be of satisfactory condition and strength, as determined by the city engineer, a one-inch minimum depth longitudinal and vertical saw cut or equal cut along the face of the curb may be required for curb removal. Curb removal shall extend to the bottom of the cut. New driveway approach concrete at the cut shall be a minimum of two inches thick.
(K) 
Driveway Approaches at Intersections.
Along either side of any parcel, the driveway approaches shall be located no closer than 100 feet to the corner of the intersecting right-of-way. Corner parcels less than 150 feet in length along the right-of-way shall combine access with adjoining property, wherever possible. Where it can be shown that access is effectively denied a corner parcel because of the 100-foot distance from the corner of the intersecting right-of-way and combined access is not available from adjoining property, a variance to the requirement may be granted by the city engineer, provided the applicant demonstrates that a variance will not create a traffic hazard.
(L) 
Driveway Approaches at Roadway Facilities.
Driveway approaches at or near traffic interchanges, grade separations and traffic circles shall be so located that traffic entering or leaving the street will not impede, confuse, imperil or otherwise interfere with vehicular traffic.
(M) 
Driveway Approaches in Existing On-Street Angle or Head-In Parking Areas.
Driveway approaches shall not be constructed in existing on-street angle or head-in parking areas unless all curb is restored to a standard location along the roadway in front of the premises.
(N) 
Obstruction of Driveway Approaches.
Driveway approaches shall not be constructed or designed so that standing or parked vehicles may obstruct the driveway.
(O) 
Premises Used as Motor Bank.
Premises used as a motor or drive-through bank may have driveway approaches as approved by the city engineer. The approaches shall be utilized for drive facilities and shall not be utilized for angle or head-in parking.
(P) 
Drainage.
Driveway approaches shall be designed to prevent the entrance of water from the street onto private property, except that a drainage system may be provided within the property to handle water coming from the street. Driveway approaches constructed below the street curb grade shall be deemed substandard, and the permit applicant/property owner is required to provide a certificate by a state-registered professional engineer certifying to the adequacy of the drainage system provided within the property to handle water coming from the street as a result of the substandard construction.
(Q) 
Release of City.
In consideration for the approval of substandard construction, the applicant/property owner shall be required to release and acquit the city from any and all damages that may result from substandard construction. The form of release shall be as approved by the city attorney.
Table I
Standards for Two-Way Driveways:
 
 
Curb
Driveway
Development
Width (W) (feet)
Radius (R) (feet)
Type I
 
Min.
Max.
Min.
Max.
 
Single-family
10
24
5.0
5.0
 
Duplex and townhouses
15
25
5.0
10
 
Multi-resident apartments
24
30
5.0
10
Type II
 
 
 
 
 
 
Office, commercial and parking lots
24
45
10
15
 
Industrial
24
45
10
15
 
Banks, service stations, and convenience stores with fuel pumps
25
45
10
15
Standards for One-Way Driveways:
One-way driveways shall have the same standards as two-way driveways, except for width, which shall be a minimum of 12 feet and a maximum of 25 feet and minimum spacing between drives, which shall be twice the curb radius.
(Ordinance 1270 adopted 5/12/11)
The sections of this article shall not prevent the use of types of materials, designs or methods of construction offered as an alternate for the types of materials, designs or methods of construction specifically required by this article if authorized by the city engineer, but alternate types of materials, designs or methods of construction to be given consideration should be proposed for approval only if they are sufficient, safe, durable and equal to the standards set out in this article. When specifically authorized by the city engineer, the types of materials or methods of construction that have been so approved shall be used and installed in accordance with the specific terms of approval and liability.
(Ordinance 1270 adopted 5/12/11)
(a) 
No permit shall be granted to provide for parking on public property between the established curbline or edge of paving and the property line except as specifically authorized by the city council.
(b) 
No permit or approval to construct a type II driveway approach shall be granted to provide access to or from a roadway for angle or head-in parking on abutting private property where a portion of pedestrian way is required for maneuvering into or out of the angle or head-in parking spaces, except as specifically approved by the city engineer and directors of public works.
(Ordinance 1270 adopted 5/12/11)
Immediately upon completion of the work authorized by this article, the contractor or permittee shall remove from the area all unused material, dirt, debris and loose concrete. The permittee shall see that the area is broom clean and usable.
(Ordinance 1270 adopted 5/12/11)
Other city ordinances or regulations governing construction of streets or other public facilities remain applicable. Whenever the standards and specifications in this article conflict with those contained in another ordinance, the most stringent or restrictive provisions shall govern, except that a franchise agreement shall always supersede this article.
(Ordinance 1270 adopted 5/12/11)