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.
(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
(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)