This chapter shall be known as the town public right-of-way
management ordinance.
(Ordinance 2017-15 adopted 08/21/17)
The town adopts by reference “Implementing Local Government
Code chapter 284,” as published by the Texas Coalition of Cities
for Utility Issues, June 12, 2017 (“implementation guidelines”).
The town also adopts by reference the “Town of Fairview Design
Manual for the Installation of Network Nodes and Node Support Poles”
pursuant to Tex. Loc. Gov. Code, chapter 284” (as amended)(“design
manual”). References to the implementation guidelines and design
manual shall be interpreted to correspond to the version adopted by
the town at the time of the relevant event. Copies of these documents
shall be maintained on file with the town secretary.
(Ordinance 2017-15 adopted 08/21/17)
For the purpose of this chapter, the following definitions shall
apply, unless the context clearly indicates or requires a different
meaning:
Antenna or antennae.
Communications equipment that transmits or receives electromagnetic
radio frequency signals used in the provision of wireless services,
including directional antennas (such as panels, wireless cable and
dishes) and omni-directional antennas (such as whips), but not including
satellite earth stations, and including without limitation microwave
reflectors. This term does not include network nodes or micro network
nodes.
Antenna support structure.
Any tower, mast, tripod, box frame, pole (other than a pole
as defined in this section) or other structure utilized for the purpose
of supporting one or more antennae or microwave reflectors, including
without limitation structures that have a primary or secondary use
in addition to supporting one or more antennae or microwave reflectors.
Microwave reflector.
An apparatus constructed of solid, open mesh, bar-configured,
or perforated materials of any shape or configuration that is used
to receive or transmit microwave signals from a terrestrial or orbitally
located transmitter or transmitter relay. Microwave reflectors are
also commonly referred to as satellite receive only earth stations
(T.V.R.O.S.), or satellite dishes.
The installation, mounting, maintenance, modification, operation,
or replacement of network nodes or other telecommunications equipment
in a public right-of-way on or adjacent to a tower or pole, or the
process of adding such equipment to an existing tower or pole.
Any work performed above the surface, on the surface or beneath the surface of a public right-of-way, including, but not limited to, installing, servicing, repairing, upgrading, or modifying any facility(ies) in, above or under the surface of the public right-of-way, and restoring the surface and subsurface of the public right-of-way subject to the provisions of section 15.02.011. The word “construction” does not include the installation of facilities necessary to initiate service to a customer’s property, or the repair or maintenance of existing facilities unless such installation, repair or maintenance requires the breaking of pavement, excavation or boring.
Any of the following forms of security provided at the owner’s
option:
A streetlight pole specifically designed and placed for aesthetic
purposes and on which no appurtenances or attachments, other than
specially designed informational or directional signage or temporary
holiday or special event attachments, have been placed or are permitted
to be placed according to this code.
The public works department of the town.
An area that is zoned, or otherwise designated by town code,
and for which the town maintains and enforces unique design and aesthetic
standards on a uniform and nondiscriminatory basis.
The director of the public works department of the town or
his or her designee, or another person authorized by the town manager
to act as the director.
A vehicular access way designed and intended to serve as
access from a public roadway to a lot or parcel of land adjacent to
the public roadway.
A condition that:
Shall include, but not be limited to, any and all cables,
pipelines, poles (other than poles as defined in this section), transmitters,
receivers, splice boxes, tracks, tunnels, utilities, vaults, and other
appurtenances or tangible things owned, leased, operated, or licensed
by an owner or owners, that are located or are proposed to be located
in a public right-of-way.
An area that is zoned or otherwise designated as a historic
district under municipal, state, or federal law.
The Texas Local Government Code.
A guyed or self-supported pole or monopole greater than the
height parameters prescribed by this code or applicable state or federal
law.
United States Highway (US) 75, Texas State Hwy 5, and any
other freeways designated as such on the town’s comprehensive
plan, and all roadways having four or more lanes.
A network node that is not larger in dimension than 24 inches
in length, 15 inches in width, and 12 inches in height, and that has
an exterior antenna, if any, not longer than 11 inches.
The grant issued by the town and accepted by an individual
owner to use the public rights-of-way in accordance with the ordinances
of the town, a franchise agreement, a license, or under operation
of state law which provides a specific grant of authority to use the
rights-of-way.
A utility pole owned or operated by a municipally owned utility,
as defined by the Texas Utilities Code, section 11.003, which is located
in a public right-of-way.
An area that is zoned or otherwise designated by municipal
code as a public park for the purpose of recreational activity. For
purposes of this chapter, all town-owned property used for park purposes
and any other property labeled, described, dedicated, or designated
for park purposes on a plat recorded in the county property records
are deemed to be designated as municipal parks by this code, so long
as such property has been designated by the town as park property
for use by the general public, including but not limited to access
easements, trails and sidewalks connecting such parks. Municipal parks
include, but are not limited to, the following: The Village Green
Park; The Meadows Park; Veterans Park; Cypress Park; Roadrunner Trail;
Coyote Park; Creekside Park; Monarch Park; Beaver Run Park; Parkside
Trail and Open Space; and Remington Park Trail Connector.
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network. The term:
Includes:
Equipment associated with wireless communications;
A radio transceiver, an antenna, a battery-only backup power
supply, and comparable equipment, regardless of technological configuration;
and
Coaxial or fiber-optic cable that is immediately adjacent to
and directly associated with a particular collocation;
A pole installed by a network provider for the primary purpose
of supporting a network node.
Any person who owns any facility or facilities that are installed
or are proposed to be installed or maintained in the public right-of-way.
Included within this definition are any and all of owner’s contractors,
subcontractors, agents or authorized representatives. A network provider
or a wireless service provider may also be an owner for purposes of
this chapter.
A written authorization for the use of the public right-of-way
or collocation on a service pole required from the town before a network
provider or person may perform an action or initiate, continue, or
complete a project over which the town has regulatory authority.
Any natural or corporate person, business association or
other business entity including, but not limited to, a partnership,
a sole proprietorship, a political subdivision (excluding the town),
a public or private agency of any kind, a utility, a successor or
assign of any of the foregoing, or any other legal entity.
A service pole, municipally owned utility pole, node support
pole, or utility pole. This general term shall be construed to exclude
decorative poles.
An easement or other real property right that is only for
the benefit of the grantor and grantee and their successors and assigns.
An annual rental charge paid by a network provider or other
person to a municipality related to the construction, maintenance,
or operation of network nodes or other facilities within a town right-of-way.
The area on, below, or above a public roadway, highway, street,
public sidewalk, alley, waterway, or utility easement in which the
town has an interest. It includes but is not necessarily limited to
interests in land that is acquired by, dedicated to, or claimed by
the town in fee simple, by easement, or by prescriptive right and
that is expressly or impliedly available, accepted or used in fact
or by operation of law as a public roadway, highway, street, sidewalk,
alley, or for drainage or utility purposes. The term applies regardless
of whether the public right-of-way is paved or unpaved. The term does
not include a private easement or airwaves above the public right-of-way
with regard to wireless telecommunications.
The process by which a public right-of-way is returned to
a condition that is equal to or better than the condition that existed
before construction.
A pole, other than a municipally owned utility pole or decorative
pole, owned or operated by a municipality and located in a public
right-of-way, including:
The town of Fairview, Texas, or its designated agent of the
town.
Each transmission path physically within a public right-of-way,
extending with a physical line from a network node directly to the
network, for the purpose of providing backhaul for the network nodes.
A pole that provides:
Equipment and physical support used in providing public utility
service, but excluding network nodes and all poles defined in this
chapter.
Any service, using licensed or unlicensed wireless spectrum,
including the use of wi-fi, whether at a fixed location or mobile,
provided to the public using a network node.
A person or entity that provides wireless service to the
public.
(Ordinance 2017-15 adopted 08/21/17)
(a)
Any person, prior to constructing facilities in, on or over the public
rights-of-way, must first obtain separate municipal authorization.
(b)
This chapter does not constitute or create authority to place, reconstruct,
or alter facilities in, on or over the rights-of-way nor to engage
in construction, excavation, encroachments, or work activity within
or upon any public right-of-way, and said authority must be obtained
in accordance with the terms of this chapter.
(c)
Any person with a current, unexpired franchise, municipal authorization,
license or other authorization from the town or state to use the public
right-of-way that is in effect at the time this chapter takes effect,
shall continue to operate under and comply with that grant, and in
the event this article conflicts with existing authorization, the
more restrictive provision shall apply.
(d)
Regardless of any prior existing unexpired franchise, municipal authorization,
license or other authorization from the town or state to use the public
right-of-way, an owner shall be required to obtain a permit prior
to performing any construction within a public right-of-way, save
and except for work exempted by LGC section 284.157 (as amended).
However, prior to beginning any work so exempted, the owner must provide
advance written notice to the town of no less than 15 calendar days.
Replacement or upgrade of poles by network providers requires advance
approval of the pole’s owner. All size limitations provided
in this chapter or other law remain applicable even to work exempted
under LGC section 284.157.
(Ordinance 2017-15 adopted 08/21/17)
(a)
In order to protect the public health, safety and welfare, all owners
of facilities in the right-of-way will register with the town. Registration
and permits will be issued in the name of the person who owns or will
own the facilities. Registration must be renewed on or before September
30th of each year. If a registration is not renewed, and subject to
60 calendar days notification to the owner, the facilities of the
owner will be deemed to have been abandoned. When any information
provided for the registration changes, the owner will inform the town
of the change no more than 30 days after the date the change is made.
Registration shall include:
(1)
The name, address(es) and telephone number(s) of the owner;
(2)
The names, address(es) and telephone number(s) of the contact person(s)
for the owner;
(3)
The name(s), address(es) and telephone number(s) of any contractor(s)
or subcontractor(s) who will be working in the right-of-way on behalf
of the owner. If the names of contractors and subcontractors are not
available at the time of registration, they must be submitted to the
town prior to permit issuance;
(5)
The name(s) and telephone number(s) of an emergency contact who shall
be available 24 hours a day;
(6)
The source of the owner’s municipal authorization (e.g., franchise,
state law, etc.). If the owner is a certificated telecommunications
provider, the certificate number issued by the Texas Public Utility
Commission; and
(7)
The owner’s two-year projections of plans for the construction
of facilities in the town at the time of registration renewal.
(b)
Registration shall be a prerequisite to issuance of a construction
permit. Each owner shall update and keep current the registration
with the town at all times.
(c)
Notwithstanding any other provision of this chapter, the installation
or collocation of network nodes in a public right-of-way shall not
require any registration or permit which is not expressly authorized
by LGC, chapter 284 (as amended).
(Ordinance 2017-15 adopted 08/21/17)
(a)
General.
(1)
An owner shall not perform any construction or installation of facilities
in the public right-of-way without first obtaining a construction
permit, except as provided herein. Network providers must file at
least one permit application for every 30 (thirty) network nodes to
be located in public right-of-way and receive corresponding permits
for the installation or collocation of those network nodes. In the
discretion of the director, an owner who is not a network provider
may be required to apply for and receive multiple permit applications
for construction which will involve more than one work site.
(2)
Emergency construction related to existing facilities may be undertaken
without first obtaining a permit; however, the department shall be
notified in writing within two business days of any construction related
to an emergency response; including a reasonably detailed description
of the nature of the emergency and the work performed in the right-of-way.
An updated map of any facilities that were relocated, if applicable,
shall be provided to the department within 90 days.
(3)
A permit is not required under this subsection (a) if the activity in the public right-of-way consists exclusively of:
(4)
Unless the director has issued prior approval, the owner or contractor
shall not close any traffic lanes or otherwise impede traffic on major
thoroughfares during the morning or evening rush hours on weekdays
during the hours of 7:00 a.m. to 9:00 a.m. or 3:30 p.m. to 6:30 p.m.
Any closure of a traffic lane for more than four hours during any
nonpeak traffic period shall also require a permit unless waived by
the director.
(5)
All construction in the right-of-way shall be in accordance with
the permit for the facilities. The director shall be provided access
to the work and to such further information as he or she may reasonably
require to ensure compliance with the permit.
(6)
A copy of the construction permit and approved construction plans
shall be maintained at the construction site and made available for
inspection by the director at all times when construction work is
occurring.
(7)
All construction work authorized by permit must be completed in the
time specified in the construction permit, but in the case of permits
granted to network providers, installation must begin no later than
six months after final approval and must be diligently pursued to
completion. Failure to begin construction within said six-month period
results in expiration of the permit. If the work cannot be completed
in the specified time period, the owner may request a reasonable extension
of the time period from the director. The director will use his/her
best efforts to approve or disapprove a request for extension of a
permit as soon as possible. If the request for the extension is made
prior to the expiration of the permit, work may continue while the
request is pending.
(8)
Construction, excavation, or work area.
No owner or
contractor shall perform construction, excavation, or work in an area
larger or at a location different than that specified in the permit
or permit application. If, after construction, excavation, or work
is commenced under an approved permit it becomes necessary to perform
construction, excavation, or work in a larger or different area than
originally requested under the application, the owner or contractor
shall notify the director immediately and, within 24 hours, shall
file a supplementary application for the additional construction,
excavation, or work.
(9)
Applicants are solely responsible for obtaining any and all necessary
permits or other approvals from other applicable regulatory authorities,
including but not limited to the Texas Public Utility Commission and
the Texas Department of Transportation. The town’s issuance
of a permit is not a substitute for approval by other regulatory authorities
and does not constitute any representation by the town that the proposed
construction would meet the requirements established by other authorities.
A copy of any permit or approval issued by federal or state authorities
for work in federal or state rights-of-way located in the town shall
be provided, if requested by the department.
(10)
If state or federal law addresses the same issue as any part of this
right-of-way management chapter, the regulation which creates the
greatest limitations on construction activity shall control unless
otherwise agreed in writing.
(11)
Notwithstanding any provision of this chapter, approvals provided
by the town shall not constitute or be deemed to be a release of the
responsibility and liability of owner, or owner’s officers,
agents, servants or employees, owner’s engineer, or said engineer’s
employees, officers or agents for the accuracy and competency of their
design and specifications. Further, any such approvals shall not be
deemed to be an assumption of such responsibility and liability by
the town or the town’s officers, agents, servants or employees,
for any defect in the design and specifications prepared by owner
or owner’s officers, agents, servants or employees, owner’s
engineer, or said engineer’s officers, agents, servants or employees.
(b)
Collocation of network nodes on service poles.
(1)
Any owner who seeks to collocate network nodes on service poles must
first enter into a suitable nondiscriminatory collocation agreement
with the town, which shall include insurance and bonding requirements,
and provisions for the removal of the owner’s equipment at no
expense to the town in the event of contract breach, widening or other
construction in the right-of-way, abandonment of the equipment, owner
dissolution or bankruptcy, or similar occurrences.
(2)
Prior to entering an agreement with the town under this subsection,
owner shall supply to the town a certified report from an engineer
licensed in the state which verifies that the proposed collocation
will not impede any function of the service poles at issue, or any
function of other equipment collocated on said service poles, and
will not in any way endanger the public. The expense of said report
shall be born solely by the owner.
(3)
Owners of network nodes on service poles shall pay to the town an
annual fee for each pole as set forth in the town’s fee schedule.
Terms for the timing of payment shall be included in the collocation
agreement.
(c)
Other modifications and pole attachments.
(1)
Any desired modification from the technical specifications of an
existing permit requires a new permit application or amendment to
a pending permit application. For purposes of this provision, “modification”
shall include but not be limited to a change in pole height, addition
of equipment which increases overall pole/structure height, rerouting
or adding new underground connections to an above-ground installation,
rerouting or adding new above-grade lines, or addition of any equipment
which adds additional or upgraded functions to an existing facility
(e.g., adding telecom equipment to an electric pole).
(2)
Any person or entity seeking to install additional equipment of any
kind to an existing pole owned by another entity must obtain a permit
before commencing with the work.
(3)
See additional requirements of pole-attachment agreements under section 15.02.004(j).
(Ordinance 2017-15 adopted 08/21/17)
(a)
The permit shall state to whom it is issued, location of work, location of facilities, dates and times work is to take place and any other conditions set out by the director. Except for network providers (see section 15.02.003(a)(7)), if the owner fails to act upon any permit within 90 calendar days of issuance, the permit shall become invalid, and the owner will be required to obtain another permit. No permit shall be transferable.
(b)
The permit will be in the name of the person who will own the facilities
to be constructed. The permit application must be completed and signed
by an authorized representative of the owner of the facilities to
be constructed.
(c)
Permit applications shall be considered incomplete until all applicable
fees are tendered to the town in accordance with the town’s
fee schedule.
(d)
Any person requesting a permit will provide the director with documentation
in the format specified by the department, at the time of the permit
application submittal, including:
(1)
The proposed location and route of all facilities to be constructed
or installed and the owner’s plan for right-of-way construction;
(2)
Three sets of engineering plans, including plan and profile, which
will be on a reasonable scale acceptable to the department, unless
waived by the director. When required by the Texas Engineering Practice
Act, as amended, the plans must be sealed by a professional engineer
licensed to practice in the state;
(3)
Detail of the location of all rights-of-way (including utility easements)
that the owner plans to use;
(4)
Detail of existing utilities located in the right-of-way, including
the town’s utilities, in relationship to owner’s proposed
facilities/route;
(5)
Detail of what owner proposes to construct including size of facilities,
services to be provided by the facilities, materials used, and other
detail such as pipe size, total structure height, number of ducts,
valves, etc.;
(6)
Detail of plans to remove and replace asphalt or concrete in streets,
and details for restoration within public right-of-way;
(7)
Drawings of any bores, trenches, handholes, manholes, switch gear,
transformers, pedestals, etc. including depth and elevation located
in public right-of-way;
(8)
Typical details of manholes and/or handholes owner plans to use or
access;
(9)
Complete legend of drawings submitted by owner, which may be provided
by reference to previously submitted documents acceptable to the town;
(10)
The construction methods to be employed for the protection of existing
structures, fixtures, and facilities within or adjacent to the right-of-way,
and the dates and times work will occur, all of which (methods, dates,
times, etc.) are subject to approval of the director, and to include
an erosion control plan at the request of the director;
(11)
For network nodes, a certificate that all network nodes to be installed
comply with the applicable regulations of the Federal Communications
Commission, and certification that the proposed network node will
be placed into active commercial service by or for a network provider
not later than the 60th day after the date the construction and final
testing of the network node is completed, and other information required
by the town related to the provider’s use of the right-of-way
under LGC, chapter 284 (as amended), to ensure compliance with said
chapter; and
(e)
A request for a permit must be submitted at least 15 business days
before the proposed commencement of work identified in the request,
unless waived in writing by the director.
(f)
(1)
Requests for permits will be approved or disapproved by the director
within the following timeframes:
(2)
If not acted on within timeframe for approval or denial is listed
above, the permit shall be deemed approved if required by state law.
Any completeness reviews of applications for uses of right-of-way
not listed above will be performed within 30 days, and the town shall
act to approve or deny complete applications within 150 days, unless
shorter timeframes for review are provided under state or federal
law.
(3)
If an application is determined to be incomplete, the applicant may
resubmit a completed or cured application within 30 days without payment
of a new application fee. If an application is determined to be incomplete,
the town shall specifically identify the missing information in a
written notification to the applicant. The director will consider
all information submitted by the applicant including a review of the
availability of space in the right-of-way based on the applicant’s
proposed route and location.
(4)
If a complete application is denied, the town shall document the
basis for the denial, including specific applicable code provisions
or other municipal rules, regulations, or other law on which the denial
was based. The town shall send the documentation by electronic mail
to the applicant on or before the date the town denies the application.
If an applicant cures the deficiencies identified in the denial documentation
and resubmits within 30 days of the denial, the town shall approve
or deny the completed revised application no later than 90 days after
receipt of the completed revised application, and may charge the applicant
an additional application fee for its actual costs incurred.
(5)
Review of revised applications shall be limited to the deficiencies
cited in the denial documentation. Failure to submit a completed or
cured application within 30 days will cause any subsequent submission
to be treated as a new application.
(g)
The department or the owner can request a pre-construction meeting
with the construction contractor.
(h)
No person receiving a permit shall authorize or otherwise allow any
equipment, device, or other feature not depicted in the permit application
submittal to be erected, installed, attached, collocated, or otherwise
affixed to any materials placed in a right-of-way. Allowing such activity
is unlawful, constitutes a public nuisance, and constitutes a violation
of this chapter for each day the improper installation remains. An
owner must take action to remove an installation exceeding the scope
of the permit within 48 hours of receiving notice of a violation of
this section from the town, or the town may remove the improper installation
at the owner’s expense.
(i)
Submission of an application for a permit constitutes the owner’s
acceptance of responsibility for monitoring the facilities which are
the subject of the respective permit, and agreement that any future
transfer of ownership of facilities in any right-of-way is strictly
limited to the exact specifications of an approved permit, and further
that the owner originally listed on an approved permit is responsible
for all costs of town abatement of any improperly installed equipment
or failure to timely conform as needed for public improvements, except
as may be specifically provided for in this chapter or applicable
franchise agreement.
(j)
Owner shall provide the town a copy of any related pole attachment
contract (or any other arrangement for collocation on or within owner’s
facilities) as part of the owner’s permit application. Said
contract must include, as a binding term, a provision requiring the
owner or the collocating entity to move all of its equipment to a
new permitted location within 30 days after notice that relocation
is necessary. Said contract must also provide that if it is necessary
to remove or relocate any facilities and the collocating entity fails
to move its equipment within 30 days after receiving notice of the
need to move, the collocating party authorizes both the permit applicant
(or pole owner, as applicable) and the town to transfer or remove
the equipment at the permit applicant’s expense and fully indemnifies
and holds harmless the town (and its officers, employees, contractors,
and other agents) from all liability to the same degree as described
by Texas Utilities Code sec. 252.006(c) (as amended). Submission of
an unexecuted or nonconforming contract shall result in denial of
the permit application.
(k)
Supplementation.
Any person receiving a permit under
this section shall have an ongoing duty to promptly provide written
notice to the town of any proposed or anticipated change to the application
details previously supplied to the town, including but not limited
to providing notice to the town of any proposal for collocation of
any other party’s equipment on previously permitted facilities.
Work under a proposed modification to a permit cannot commence unless
all relevant information is supplied to the town at least 15 days
in advance, unless otherwise waived in writing by the director.
(Ordinance 2017-15 adopted 08/21/17)
(a)
Each new, modified, or replacement utility pole or node support pole
installed in a public right-of-way must be within the scope of an
approved permit and constructed in compliance with the design manual
adopted by the town. The design manual adopted by the town on the
date the permit application is filed shall control work corresponding
to that permit, if approved. The town’s design manual is incorporated
by reference and maintained in the office of the town secretary.
(c)
A network provider may not install a new node support pole in a public
right-of-way without the town’s discretionary, nondiscriminatory,
and written consent if the public right-of-way is in a municipal park
or is adjacent to a street or thoroughfare that is:
(d)
If a network provider is installing a network node or node support pole in a public right-of-way described by subsection (c) above, then it must comply with all private deed restrictions and other private restrictions in the area that apply to its facilities.
(e)
Historic or design districts.
A network provider must
obtain advance written approval from the town before collocating new
network nodes or installing new node support poles in any area of
the town zoned or otherwise designated as a historic district or as
a design district if the district has or requires decorative poles.
(1)
The following areas have been zoned or designated as historic or
design districts in the town. Other areas not listed here may also
be zoned or designated as historic or design districts. A complete
list of such districts is on file with the town secretary.
(2)
The town requires reasonable design and/or concealment measures for
new network nodes or new node support poles in any historic or design
district with decorative poles as a condition of approval. Network
providers must comply with the design and aesthetic standards of the
district and explore the feasibility of using camouflage measures
to improve the aesthetics of the new network nodes, new node support
poles, or related ground equipment, or any portion of the nodes, poles,
or equipment, to minimize the impact on to the aesthetics in a historic
district or on a design district’s decorative poles. To the
extent that network nodes or node support poles in any historic or
design district cannot be sufficiently concealed or camouflaged (as
assessed by the director), such installations shall be aesthetically
tailored to match existing streetlight poles in the vicinity as closely
as reasonably possible.
(f)
Limitations on the size of network nodes.
(1)
Network nodes must conform to the following conditions:
(A)
Each antenna that does not have exposed elements and is attached
to an existing structure or pole:
(B)
If an antenna has exposed elements and is attached to an existing
structure or pole, the antenna and all of the antenna’s exposed
elements:
(D)
Ground-based enclosures, separate from the pole, may not be higher
than three feet six inches from grade, wider than three feet six inches,
or deeper than three feet six inches; and
(E)
Pole-mounted enclosures may not be taller than five feet.
(2)
The following types of associated ancillary equipment are not included in a calculation of equipment volume under subsection (1):
(3)
Equipment attached to node support poles may not protrude from the
outer edge of the node support pole by more than two feet.
(4)
Equipment attached to a utility pole must be installed in accordance
with the National Electrical Safety Code, subject to applicable codes,
and the utility pole owner’s construction standards.
(5)
A network provider may construct, modify, or maintain in a public
right-of-way a network node or node support pole that exceeds the
height or distance limitations prescribed by this chapter only if
the town approves the construction, modification, or maintenance subject
to all applicable zoning or land use regulations and all applicable
codes.
(g)
Network providers must ensure that the vertical height of an equipment
cabinet installed as part of a network node does not exceed the height
limitation prescribed by this section, subject to approval of the
pole’s owner if applicable.
(h)
Undergrounding.
Network providers must comply with all
undergrounding requirements imposed by town ordinance, zoning regulations,
state law, private deed restrictions, and other public or private
restrictions, that prohibit installing aboveground structures in a
public right-of-way without first obtaining zoning or land use approval.
Such requirements or restrictions shall not prohibit a network provider
from replacing an existing structure, subject to compliance with other
applicable regulations.
(Ordinance 2017-15 adopted 08/21/17)
(a)
All construction shall be in conformance with all town codes and
applicable local, state and federal laws.
(b)
Construction of network nodes and node support poles shall be conducted
in a manner which does not:
(1)
Obstruct, impede, or hinder the usual travel or public safety on
a public right-of-way, except as permitted by town ordinance;
(2)
Obstruct the legal use of a public right-of-way by other utility
providers;
(3)
Violate nondiscriminatory applicable codes;
(4)
Violate or conflict with the town’s right-of-way design specifications;
or
(5)
Violate the federal Americans with Disabilities Act of 1990 (42 U.S.C.
section 12101 et seq. (as amended)).
(c)
The department must be notified two business days in advance that
construction is ready to proceed by either the owner, its contractor
or authorized representative. At the time of notification, the owner
will inform the department of the number (or other information) assigned
from the appropriate one-call notification center. “Notification
center” means the same as in Texas Utilities Code ch. 251, or
its successor. The name, address and phone numbers of the contractor
or subcontractor who will perform the actual construction, including
the name and telephone number of an individual with the contractor
who will be available at all times during construction. Such information
shall be required prior to the commencement of any work.
(d)
Public notification.
(1)
For any closure of a traffic lane or blocking of a sidewalk or alley
lasting six days or less, the permittee shall conspicuously mark its
vehicles with the permittee’s name and telephone number.
(2)
For projects scheduled to last more than seven calendar days, a three
feet by three feet informational sign stating the identity of the
person doing the work, a local telephone number and owner’s
identity shall be placed at the location where construction is to
occur 48 hours prior to the beginning of work in the right-of-way
and shall continue to be posted at the location during the entire
time the work is occurring. The informational sign will be posted
on the public right-of-way 100 feet before the construction location
commences, unless other posting arrangements are approved or required
by the director.
(3)
When projects last more than seven calendar days, the owner shall
also provide written notification to all adjacent property occupants
48 hours prior to the beginning of construction. Informational fliers
shall include the person doing the work, a local telephone number,
owner’s identity, and proposed schedule.
(e)
Erosion control measures (e.g. silt fence) and advance warning signs,
markers, cones and barricades must be in place before work begins.
(f)
Lane closures on major thoroughfares will be limited to one lane
between 9:00 a.m. and 3:30 p.m. unless the director grants prior approval.
Arrow boards will be required for lane closures on all arterials and
collectors, with all barricades, advanced warning signs and 36-inch
reflector cones placed according to the Texas Manual on Uniform Traffic-Control
Devices. Owner shall provide a traffic-control plan for all work in
the public rights-of-way for town review and approval, and except
for emergency work, no work shall commence prior to town approval
of the traffic-control plan.
(g)
Without affecting the legal relationship between the owner and their
contractor, owners are responsible for the workmanship of, and any
damages caused by, their contractors or subcontractors. A responsible
representative of the owner will be available to the department at
all times during construction.
(h)
Owner shall be responsible for stormwater management, erosion control
and excavation safety measures that comply with town, state and federal
guidelines. Requirements shall include, but not be limited to, construction
fencing around any excavation that will be left overnight, silt fencing
in erosion areas until reasonable vegetation is established, barricade
fencing around open holes, and high erosion areas will require wire
backed silt fencing. Upon request, owner may be required to furnish
documentation submitted or received from federal or state government.
(i)
Owner or contractor or subcontractor will notify the department immediately
of any damage to other utilities, either town or privately owned.
(j)
It is the town’s policy not to cut streets or sidewalks; however,
except in case of emergency when a street or sidewalk cut is required,
prior approval must be obtained from the department and all requirements
of the department shall be followed in all street and sidewalk cuts.
Repair of all street and sidewalk removals must be made promptly to
avoid safety hazards to vehicle and pedestrian traffic, and shall
be in accordance with town standard specifications and details for
restoration within public rights-of-way.
(k)
Installation of facilities must not interfere with town utilities,
in particular gravity dependent facilities. Facilities shall not be
located over, or within three feet, horizontally or vertically, of
any water or sanitary sewer mains, unless approved by the director.
(l)
New facilities must be installed to a minimum depth required by state
and federal codes and standards.
(m)
All directional boring shall have a locator place bore marks and
depths while the bore is in progress. Locator shall place a mark at
each stem with a paint dot and depth at least every other stem.
(n)
Town reserves the right to require directional boring to occur deeper
than existing water, sewer or storm sewer mains, whether longitudinally
or transverse boring is requested. In any circumstance, town reserves
the right to require open cut installation of new utilities in close
proximity to water, sewer or storm sewer mains to assure the protection
of the town’s water, sewer and storm drainage system. Town reserves
the right to require dry bores under roads if depths are less than
5 feet under pavement.
(o)
Hours of operation for nonemergency work.
Construction
may not start earlier than 7:00 a.m. on weekdays nor continued after
dark without prior permission from the town. Construction on Saturday
may not start before 7:00 a.m. and must be approved by the director
by noon on the Thursday prior to the proposed Saturday. Work on Sunday
is prohibited without special permission by the town manager or his/her
designee. An after-hours fee must be paid to the town prior to Saturday
work, if town inspection is required. The Saturday inspection fee
must be paid prior to noon on Thursday prior to the Saturday in which
the work is to be performed. Construction work on recognized town
holidays is prohibited. The additional fees described in this section
are not applicable to installation or collocation of network nodes.
(p)
Persons working in public rights-of-way are responsible for obtaining
line locates from all affected utilities or others with facilities
in the right-of-way prior to any excavation. Use of a geographic information
system or the plans of records does not satisfy this requirement.
(q)
The owner of any facilities located within public rights-of-way is
required to mark the location of such facilities when requested by
the town. Location and marking of said facilities shall occur within
six hours of an emergency request, and within three days of a nonemergency
request.
(r)
Owner will be responsible for verifying the location, both horizontal
and vertical, of all facilities. When required by the department,
owner shall verify locations by pot holing, hand digging, or other
methods approved by the department prior to any excavation or boring.
(s)
Placement of all manholes and/or handholes must be approved in advance
by the department. Handholes or manholes will not be located in sidewalks,
unless approved by the director.
(t)
Locate flags shall not be removed from a location while facilities
are being constructed.
(u)
When construction requires pumping of water or mud, the water or
mud shall be contained in accordance with federal and state law and
the directives of the department.
(v)
A person shall perform operations, excavations and other construction
in the public rights-of-way in accordance with all applicable town
requirements, including the obligation to use trenchless technology
whenever commercially economical and practical and consistent with
obligations on other similar users of the public right-of-way. The
town shall waive the requirements of trenchless technology if it determines
that the field conditions warrant the waiver, based upon information
provided to the town by the person. All excavations and other construction
in the public rights-of-way shall be conducted so as to minimize interference
with the use of public and private property. A person shall follow
all reasonable construction directions given by the town in order
to minimize any such interference.
(w)
All construction shall conform to the town tree preservation standards.
(x)
Excavation safety.
On construction projects in which
excavation will exceed a depth of five feet, the agency must have
detailed plans and specifications for excavation safety systems. The
term “excavation” includes trenches, structural features,
or any construction that has earthen excavation subject to collapse.
The excavation safety plan shall be designed in conformance with state
law and Occupational Safety and Health Administration (OSHA) standards
and regulations.
(y)
Confined space.
On construction projects that involve
entry into a “confined space” or “permit-required
confined space” as said terms are defined under 29 CFR sec.
1910.146(b), as amended, the owner shall comply with all related town
regulations and applicable state and federal law.
(z)
To the extent permitted under state law and/or an applicable tariff
from the Texas Public Utility Commission and where it is technologically
feasible, it is preferred that all facilities be installed underground.
Any claim that underground installation is not technologically feasible
is subject to denial by the director unless the permit application
is accompanied by a suitable report prepared by a civil engineer licensed
in the state, which said report individually addresses the conditions
that prevent the feasibility of underground installation on each site
where above-ground installation is proposed. Cost of installation
must not be the sole factor used to support a claim that underground
installation is not feasible.
(Ordinance 2017-15 adopted 08/21/17)
(a)
Right-of-way users will provide the director with “as-built plans” within 90 days of completion of facilities in the right-of-way. The plans shall be provided to the town with as much detail and accuracy as required by the director. All the requirements specified for the plans submitted for the initial permit, as set forth in section 15.02.004(d) shall be submitted and updated in the as-built plans. Users that have facilities in the right-of-way existing as of the date of this chapter who have not provided as built plans shall provide 1/4 of the information concerning facilities in town right-of-way within one year after the passage of this chapter and 1/4 each six months thereafter. The detail and accuracy will concern issues such as location, size of facilities, materials used, and any other health, safety and welfare concerns. Submittal of as-built plans shall be in digital format compatible with town hardware and software or shall be subject to a conversion fee, except that a conversion fee shall not be charged when the plans depict only installation or collocation of network nodes. Owner shall include one set of plans in a paper format.
(b)
If as-built plans submitted under this section include information
expressly designated by the owner as a trade secret or other confidential
information protected from disclosure by state law, the director may
not disclose that information to the public without the consent of
the owner, unless otherwise compelled by a decision of the attorney
general pursuant to the Texas Public Information Act, Texas Government
Code chapter 552, as amended, or by a court having jurisdiction of
the matter pursuant to applicable law. This subsection may not be
construed to authorize an owner to designate all matters in its as-built
plans as confidential or as trade secrets.
(Ordinance 2017-15 adopted 08/21/17)
(a)
Whenever by reasons of widening or straightening of streets, sidewalks,
water or sewer line projects, or any other town project, it shall
be deemed necessary by the governing body of the town to remove, alter,
change, adapt, or conform an owner’s underground, above ground,
or overhead facilities within the right-of-way to another part of
the right-of-way, such alterations shall be made by the owner of the
facilities at the owner’s expense (unless provided otherwise
by state law, a franchise, a license or a municipal authorization
until that grant expires or is otherwise terminated). The owner shall
be responsible for conforming its facilities within mutually agreed
upon time limits. If no time limits can be agreed upon, the time limit
shall be 90 days from the day the town secures any additional right-of-way
and transmits final plans and notice to make the alterations. The
owner of facilities shall be responsible for any direct costs associated
with project delays associated with failure to conform facilities
within the mutually agreed upon time limits. Reimbursement for all
costs provided for by this subsection shall be made within 30 calendar
days. Responsibility for the costs required to remove, alter, change,
adapt, or conform facilities (“modify” herein) is not
affected by any transfer of ownership of some or all of the facilities
from the original owner to any other person, unless the original owner
establishes to the town’s satisfaction that (1) the transfer
of ownership of the facilities at issue was completed no less than
30 days prior to receipt of notice to modify the facilities and (2)
responsibility for the costs of removal, relocation, modification,
and similar costs was disclosed to and accepted by the new owner,
who also provided the town with suitable documentation of all necessary
bonds and insurance verifications prior to the receipt of notice to
modify the facilities. Any attempted transfer of facility ownership
(whether by sale, gift, abandonment, quitclaim, or any other device)
which does not comply with the requirements of this section shall
be ineffective to relieve the original owner of financial responsibility
for the costs to modify the facilities, and the town may use any means
to recover its costs or ensure the prompt completion of the necessary
work to modify the facilities, including but not limited to making
claims against bonds, issuing fines, pursuing liens, or any other
lawful means.
(b)
An owner may trim trees in or over the public rights-of-way for the
safe and reliable operation, use and maintenance of its facilities,
subject to any town regulations related to tree preservation. All
tree trimming shall be performed in accordance with standards promulgated
by the National Arborist Association and the International Society
of Arborculture. Should the owner, its contractor or agent, fail to
remove such trimmings within 24 hours, the town may remove the trimmings
or have them removed, and upon receipt of a bill from the town, the
owner shall promptly reimburse the town for all costs incurred within
30 calendar days.
(c)
An owner shall temporarily remove, raise or lower its aerial facilities
to permit the moving of houses or other bulky structures. The owner
shall temporarily remove, raise or lower its aerial facilities within
15 working days of receiving a copy of a permit issued by the town.
The expense of these temporary rearrangements shall be paid by the
party or parties requesting and benefiting from the temporary rearrangements.
The owner may require prepayment or prior posting of a bond from the
party requesting the temporary move.
(Ordinance 2017-15 adopted 08/21/17)
(a)
Any owner doing work in the town right-of-way shall properly install,
repair, upgrade and maintain facilities.
(b)
Facilities shall be considered to be improperly installed, repaired,
upgraded or maintained if:
(1)
The installation, repair, upgrade or maintenance endangers people
or property;
(2)
The facilities do not meet the applicable town codes;
(3)
The facilities are not capable of being located using standard practices;
or
(4)
The facilities are not located in the proper place at the time of
construction in accordance with the directions provided by the department
or the plans approved by the department.
(Ordinance 2017-15 adopted 08/21/17)
(a)
Utility structures not exceeding 20 cubic feet are allowed in the
right-of-way or utility easements, subject to available room and located
as approved by the director. The placement of utility structures larger
than 20 cubic feet, but not exceeding 30 cubic feet will be reviewed
on a case-by-case basis by the director. Such structures shall not
encroach within a sidewalk area, including a vertical clearance of
7.5 feet above the sidewalk or within the sight visibility area.
(b)
Utility structures larger than 30 cubic feet shall be located as
close as practical to the back of a public or private utility easement
and subject to available room and located as approved by the director.
(c)
Above-ground facilities such as pedestals, switching boxes and similar
facilities shall be located no less than three feet from the edge
of an alley or the back of street curbs and such that they do not
create a physical or visual barrier to vehicles leaving or entering
roads, driveways or alleys. Such facilities shall not be located in
front of residential lots in a manner that creates an unreasonable
visual or aesthetic impairment (as determined by the director) for
the property owner.
(d)
The owner’s identity and telephone number shall be placed on
all utility structures placed in the rights-of-way.
(e)
Except to the extent limited by Texas Local Government Code chapter
284 or other applicable law, antenna, microwave reflector and antenna
support structures and any part or component thereof are prohibited
in public rights-of-way without the express approval of the town council
by resolution or ordinance of a franchise agreement or license. Approval
of any such facility, franchise agreement, or license is at the sole
discretion of the town council.
(f)
In areas where utilities are already present in a right-of-way, all
facilities are to be installed on the same side of the roadway as
existing facilities, unless it is established to the director that
the conformance to that requirement is not feasible. If pre-existing
utility installations are underground in the vicinity of proposed
construction, all new facilities must also be underground unless otherwise
provided by an applicable tariff of the Texas Public Utility Commission.
Applications for above ground and underground construction may be
subject to different requirements, even as applied to facilities designed
to provide similar services.
(g)
Underground facilities shall not be removed without the advance written
consent of the town, which shall not be unreasonably withheld. This
restriction is applicable even when the owner’s franchise or
other municipal authorization to occupy a public right-of-way has
expired or been otherwise terminated, and also applies when underground
facilities are being abandoned.
(Ordinance 2017-15 adopted 08/21/17)
(a)
Owners shall restore property affected by construction of facilities
to a condition that is equal to or better than the condition of the
property prior to the performance of the work. Owners shall submit
photographs and/or a video of the construction area at the time of
the issuance of the permit. Restoration must be approved by the department.
(b)
Restoration must be made within ten working days of completion of
trench backfill for a length of 300 feet, or within the limits of
one town block, unless otherwise approved by the director. If restoration
is not satisfactory and performed in a timely manner, after written
notice, then all work in progress (except that related to the problem),
including all work previously permitted but not complete, may be halted
at town direction and a hold may be placed on any future permits until
all restoration is complete. Restoration of grass with new sod shall
be watered by utility owner for the first 30 days, unless a watering
agreement is made with land owner (in the case of utility easements
outside of the right-of-way) and is submitted to the town with land
owner’s signature. Restoration of trees to be replaced will
be warrantied for the first year by the owner.
(c)
Upon failure of an owner to perform such restoration, and five days
after written notice has been given to the owner by the town, and
in the event restoration has not been initiated during such five-day
period, the town may repair such portion of the public rights-of-way
as may have been disturbed by the owner, its contractors or agents.
Upon receipt of an invoice from the town, the owner will reimburse
the town for the costs so incurred within 30 calendar days from the
date of the town invoice.
(d)
If the town determines that the failure of an owner to properly repair
or restore the public rights-of-way constitutes a safety hazard to
the public, the town may undertake emergency repairs and restoration
efforts, after emergency notice has been provided, to the extent reasonable
under the circumstances. Upon receipt of an invoice from the town,
the owner shall promptly reimburse the town for the costs incurred
by the town within 30 calendar days from the date of the town invoice.
If payment is not received within the 30 calendar days, the town shall
initiate a claim for compensation with the appropriate bonding company.
(e)
Should the town reasonably determine, within two years from the date of the completion of the repair work, that the surface, base, irrigation system or landscape treatment requires additional restoration work to meet the standards of subsection (a), an owner shall perform such additional restoration work to the satisfaction of the town, subject to all town remedies as provided herein or available at law or in equity.
(f)
Restoration must be to the reasonable satisfaction of the department.
The restoration shall include, but not be limited to:
(1)
Replacing all ground cover with the type of ground cover damaged
during work to a condition equal to or better either by sodding or
seeding, planting of shrubs or trees, or as directed by the department;
(2)
Adjusting of all manholes and handholes, as required;
(3)
Backfilling all bore pits, potholes, trenches or any other holes
shall be completed daily, unless other safety requirements are approved
by the department. Holes with only vertical walls shall be covered
and secured to prevent entry. If bore pits, trenches or other holes
are left open for the continuation of work, they shall be fenced and
barricaded to secure the work site as approved by the department;
(4)
Leveling of all trenches and backhoe lines;
(5)
Restoration of excavation site to town specifications;
(6)
Restoration of all paving, sidewalks, landscaping, ground cover,
trees, shrubs and irrigation systems;
(7)
Removal of all locate flags during the cleanup process by the owner
or his/her contractor at the completion of the work.
(Ordinance 2017-15 adopted 08/21/17)
If any of the provisions of this chapter are not followed, a
permit may be revoked by the director or his/her designee. If a person
has not followed the terms and conditions of this chapter in work
done pursuant to a prior permit, new permits may be denied or additional
terms required. Revocation shall be effective upon the expiration
of 15 days after written notice of the violation(s), unless cured
during that period, except for violations which pose a threat to public
safety or health, for which the revocation will be immediate upon
delivery of written notice.
(Ordinance 2017-15 adopted 08/21/17)
No equipment, fixtures, or other personal property erected or
placed in public rights-of-way by any person other than the town will
become or be considered by the town as being affixed to, or a part
of, the public rights-of-way. All portions of said personal property
constructed, modified, erected, or placed by a person other than the
town on, across, over, or beneath the public rights-of-way will remain
the property of its original owner unless and until an appropriate
written dedication of property is delivered to the town and a corresponding
written acceptance is issued. The owner of nontown property located
in the public rights-of-way may direct the removal of the property
at any time, subject to any prior notification requirements imposed
by this article or other law and scheduling restrictions relating
to work taking place in the public rights-of-way.
(Ordinance 2017-15 adopted 08/21/17)
(a)
Applicability.
Appeals may be filed pursuant to this
section for decisions of the director related to the denial, suspension,
or revocation of a permit. However, the appeal process provided by
this section shall not be available for criminal violations of this
chapter.
(b)
Appeal to town manager.
A permittee may appeal decisions referred to in subsection (a) above by filing a written appeal with the town manager within seven working days of receipt of denial, suspension, or revocation of the permit. An appeal filed pursuant to this section shall specifically state the basis for the aggrieved party’s challenge to the town’s authority under this chapter, including but not limited to citations to all statutes, regulations, decisions, rulings, and other law or legal authority upon which a permittee relies.
(c)
Issuance of decision by town manager.
Decisions of the
town manager shall be issued within five business days of receipt
of the written appeal. Decisions of the town manager shall be final.
(Ordinance 2017-15 adopted 08/21/17)
(a)
Each owner placing facilities in the public rights-of-way shall promptly
defend, indemnify and hold the town harmless from and against all
damages, costs, losses or expenses:
(1)
For the repair, replacement, or restoration of town’s property,
equipment, materials, structures and facilities which are damaged,
destroyed or found to be defective as a result of the owner’s
acts or omissions; and
(2)
From and against any and all claims, demands, suits, causes of action,
and judgments for:
(A)
Damage to or loss of the property of any person or third party (including,
but not limited to the town’s and owner’s respective agents,
officers, employees and any third parties); and/or
(B)
Death, bodily injury, illness, disease, loss of services, or loss
of income or wages to any person (including, but not limited to the
agents) arising out of, incident to, concerning or resulting from
the negligent or willful act or omissions of the owner, its agents,
employees, and/or subcontractors, in the performance of activities
governed under this chapter.
(b)
This indemnity provision shall not apply to any liability resulting
from the negligent or willful acts of the town, its officers, employees,
agents, contractors, or subcontractors.
(c)
The provisions of this indemnity are solely for the benefit of the
town and are not intended to create or grant any rights, contractual
or otherwise, to any other person.
(d)
A permit is automatically revoked if ownership of the facilities
is transferred to any person under terms which do not subject the
new owner(s) to the indemnity and hold harmless requirements of this
chapter.
(Ordinance 2017-15 adopted 08/21/17)
(a)
General.
(1)
An owner must provide acceptable proof of insurance in the total
amount required by this section for permits for construction within
public rights-of-way, or make other provisions acceptable to the director.
(2)
The coverage must be on an “occurrence” basis and must
include coverage for personal injury, contractual liability, premises
liability, medical damages, underground, explosion and collapse hazards.
(3)
The owner shall file the required original certificate of insurance
prior to the issuance of a permit. The certificate shall state the
policy number; name of the insurance company; name and address of
the agent or authorized representative of the insurance company; name,
address and telephone number of insured; policy expiration date; and
specific coverage amounts.
(4)
Owner shall file an annual surety bond, which will be valid for one
full year, from a surety company authorized to do business in the
state in the amount equal to the estimated amount of the cost to restore
the right-of-way for the work anticipated to be done in that year,
in the event the owner leaves a jobsite in the right-of-way unfinished,
incomplete or unsafe. Owner may make other provisions, in lieu of
a bond, as acceptable to the director.
(5)
Owner shall file a maintenance bond for 25% of the cost of restoring
the right-of-way for the preceding year. Said bond shall be in force
for two years. Owner may make other provisions, in lieu of a bond,
as acceptable to the director.
(7)
The town will accept certificates of self insurance issued by the
state or letters written by the agency in those instances where the
state does not issue such certificates, which provide the same or
better coverage as required herein. However, certificates of self
insurance must be approved in advance by the town attorney.
(8)
An insurer has no right of recovery against the town. The required
insurance policies shall protect the agency or public infrastructure
contractor and include the town as an additional insured. The insurance
shall be primary coverage for losses covered by the policies.
(9)
Each policy must include a provision that requires the insurance
company to notify the town in writing at least 30 days before canceling
or failing to renew the policy or before reducing policy limits or
coverages.
(b)
Insurance requirements.
(1)
Owners.
Each owner applying for a permit shall obtain,
maintain, and provide proof of each of the following types of insurance
and coverage limits:
(A)
Commercial general liability on an occurrence form with minimum limits
of $5,000,000.00 per occurrence and $10,000,000.00 aggregate. This
coverage shall include the following:
(B)
Automobile liability coverage with a minimum policy limit of $1,000,000.00
combined single limit. This coverage shall include all owned, hired
and nonowned automobiles.
(C)
Workers compensation and employers liability coverage. Statutory
coverage limits for coverage A and $500,000.00 coverage B employer’s
liability is required.
(2)
Contractors and subcontractors.
Each contractor and subcontractor applying for a permit shall obtain, maintain, and provide proof of insurance for the same types of insurance coverages outlined in subsection (b)(1)(A) above; however, the policy limits under the general liability insurance shall be $1,000,000.00 per occurrence and $2,000,000.00 aggregate. All other coverage provisions outlined in subsection (b)(1)(A) above shall apply.
(c)
An owner or contractor that has registered and filed proof of insurance
under in accordance this chapter is not required to furnish separate
proof of insurance under this section when obtaining a permit but
must comply with all other requirements of this section.
(d)
A permit is automatically revoked if any owner transfers ownership
of any facilities to any person who does not have insurance coverage
meeting or exceeding all of the requirements detailed above, including
without limitation those relating to naming the town as an additional
insured, without express prior written approval from the town.
(Ordinance 2017-15 adopted 08/21/17)
(a)
The requirements and regulations in this section apply to driveways
and other private improvements constructed in the public right-of-way
for the benefit of the adjacent property.
(b)
Driveways.
(1)
A permit shall be required to construct a driveway or to reconstruct,
alter, or repair any driveway approach or other related improvement
located within a public right-of-way.
(2)
Application for such permit shall be made by the owner of the adjacent
property, who shall represent all parties in interest.
(3)
The permit application shall be in writing on a form provided by
the town and shall include a site plan showing in sufficient detail
the nature of the work proposed in the application including location,
width, and related dimension of the proposed driveway and related
improvements.
(4)
The construction, alteration, or repair of a driveway shall conform
to the applicable construction standards and other related development
regulations adopted by the town. The director may apply other design
and construction criteria as deemed necessary.
(5)
The applicant shall furnish all materials necessary for the construction
of the driveway and appurtenances authorized by a permit issued under
this section. All materials shall be of satisfactory quality, and
shall be subject to inspection and approval of the town.
(c)
Other private improvements in public rights-of-way.
(1)
A permit is required to construct or make private improvements in
the public right-of-way for the benefit of the adjacent property.
A permit shall only be issued where such private improvements are
specifically authorized by the laws and regulations of the town.
(3)
Permits are not required to plant or replace turf grass, or to repair
an outdoor irrigation system located within a public right-of-way.
(4)
Application for such permit shall be made by the owner of the adjacent
property, who shall represent all parties in interest. The permit
application shall be in writing on a form provided by the town and
shall include a site plan showing in sufficient detail the nature
of the work proposed in the application including location, width,
and related dimension of the proposed improvements.
(5)
The following private improvements are prohibited in public rights-of-way:
(d)
Maintenance and repair.
(1)
The owner of the adjacent property shall be responsible for the perpetual
maintenance and repair of driveways and other private improvements
constructed in the public right-of-way for the benefit of the adjacent
property.
(2)
If the town determines that the failure of an adjacent property owner
to properly repair or maintain a driveway or other private improvement
within a public right-of-way constitutes a safety hazard to the public,
the town may undertake repairs and restoration efforts, after notice
has been provided to the adjacent property owner, to the extent reasonable
under the circumstances. Upon receipt of an invoice from the town,
the owner of the adjacent property shall promptly reimburse the town
for the costs incurred by the town within 30 calendar days from the
date of the town invoice. If payment is not received within the 30
calendar days, the town may file a lien against the adjacent property,
or take any other action allowed in law or in equity.
(e)
The requirements in section 15.02.011, restoration of property, and town standard specifications and details for restoration within public rights-of-way apply to all work performed in connection with a permit authorized by this section, and any other work related to improvements constructed in the public right-of-way.
(Ordinance 2017-15 adopted 08/21/17)
In accordance with any applicable state law or tariffs of the
Texas Public Utility Commission, permit applicants may enter into
agreements with the town and/or third parties to distribute or offset
the costs of nonstandard facility installations (i.e., certain underground
installations) which may be required under this chapter. Such agreements
shall always be in writing, signed by all parties to be bound, filed
with the town, and are subject to approval by vote of the town council
if the town is a necessary party.
(Ordinance 2017-15 adopted 08/21/17)
