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08-28-03-Ordinance-Amending Curb, Gutter, Driveway and Culvert Installations-08/18/2003ORDINANCE 08-28-03 THAT CHAPTER 3, ARTICLE 3.1200, CURB, GUTTER, DRIVEWAY, AND CULVERT INSTALLATIONS, AND APPENDIX ARTICLE 3.700 (FEE SCHEDULE) OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, ARE HEREBY AMENDED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 3, Article 3.1200 of the Code of Ordinances, City of Sanger, Texas, is hereby amended, which said article shall read as follows: "ARTICLE 3.1200 CURB, GUTTER, DRIVEWAY, AND CULVERT INSTALLATIONS (a) Compliance required. After the effective date of the ordinance from which this section is derived, no person shall construct, reconstruct, replace, relocate, alter, enlarge, improve or perform any work on or make use of any driveway on any property within the city for which a permit is required under this section, except in accordance with the requirements of this section. (b) It shall be unlawful for any person to construct, reconstruct, or repair any driveway, curb, gutter, or drainage facility in the streets and alleys of the City without first obtaining a permit. (c) Permit procedures and requirements. (1) To obtain such permit an application must be filed with the city describing the abutting property to which the proposed work on the public property is to be done either by lot, block or tract and house number, location on the street or similar description which will readily identify and definitely locate the site of proposed work a description of the proposed work to be performed, and any other pertinent information as shall be required by the city. The fee for such permit shall be as set forth in the fee schedule in the appendix of this code and shall expire if the work authorized therein is not commenced within three (3) months of the date of the permit. Plans for such work shall be approved by the Building Inspector prior to issuance of any permit. (2) Application. The application for each property for which a permit is required shall be submitted to the Building Inspector on a form furnished for that purpose, along with the required fee. If all of the information required for the application is submitted with or shown on any other plan drawings or application required under any other ordinance, including an application for a building permit, a required site plan or a planned development detailed plan, no separate application for a permit shall be required. The department may waive, in whole or part, the submission of any information or plans otherwise required, if it determines that the nature or scope of the work is such that the information or plans are not necessary to obtain or determine compliance with this section. The application for each property for which a permit is required shall: a. Describe the location of the property for which the permit is requested; b. Be accompanied by plans and specifications showing the driveway construction details; C. For any existing driveways that violate a requirement of this section, show how compliance is to be met (relocation, rearrangement, closing of the driveway, reconstruction, etc.) or if any proposed or existing driveway will not be in compliance with a requirement of this section, give detailed information why compliance is not possible or should not be required. In such cases, the City Engineer may require the applicant to submit a traffic study performed in accordance with accepted professional traffic engineering standards, containing information specified by the City Engineer, to show any adverse impact that may result from approval of the permit; d. For any proposed driveway the application must be accompanied by a site plan for the driveway and showing a driveway approach that meets the minimum standards as set forth by the North Central Texas Council of Governments standard specification reference 8.3, and attached hereto as "Exhibit A", and that shall be extended to the proposed or existing street; e. All driveway culverts within the City shall be designed to accommodate 100-year storm event and shall be constructed in accordance with TXDOT standards with minimum 6:1 headwalls; and f. Contain any other information, plans or specifications required by the city - designated official to determine compliance with this Code. (3) Issuance of permit; conditions. The application, plans and specifications shall be reviewed by the Building Official to verify compliance with the requirements of this Code and that driveway approaches are designed in accordance with the specifications attached hereto referred to as Exhibit "A", and any other ordinance. If the review finds that the plans for the driveway for the property covered by the application conforms to this Code and other applicable ordinances, the permit shall be issued. Any permit issued may impose reasonable conditions or limitations that would serve the purpose of any requirement of this section or would otherwise be necessary to provide for traffic safety, including but not limited to the following: a. Requiring that any existing driveway be relocated or that a new driveway be located so as to provide for joint or shared access by adjacent properties for present or future development; b. Providing for use restrictions or special design requirements for the driveway it serves, such as divided one-way traffic, controlled turning movements into or out of the driveway or controlled access from the street; or C. Providing for temporary use of a driveway for a specified time or for a limited purpose or until the occurrence of a specified event. (4) Construction Specifications. All driveways shall be constructed using 3000 psi concrete with #3 bars at 24' o.c. In accordance with NCTCOG standard specifications, latest edition. (5) Compliance. a. All driveways shall be designed, installed, located and constructed in accordance with the approved specifications, plans, conditions and requirements of the permit issued for the property and the requirements of this section. No certificate of occupancy shall be issued for any building on any property for which a permit is required, until the construction, improvements, alterations or other work- covered by the permit is completed in accordance with the permit issued, the requirements of this section or the provisions of any other applicable ordinance. Where no building permit was required in connection with the requested permit, no driveway on the property for which the permit was issued shall be used until and unless the work is completed in accordance with the permit and this Code. b. Where the closing or relocating of one (1) or more existing driveways or portions thereof is necessary to comply with this section or a permit issued under this section, access shall be closed by the installation of curb and gutter along the gutter line of the street, if any, and the filling of the existing driveway approach depression with asphalt or concrete, all in accordance with city specifications. If there is no existing curb and gutter on the street, the driveway shall be closed in the manner specified by the city engineer. (6) Inspections. Any construction permitted under this section will be required to be inspected by the City's designated official. An inspection fee will apply for each initial inspection, and a reinspection fee will apply for each additional inspection required when the inspection is necessary due to improper or incomplete construction by the contractor. The fee for these inspections are as set forth in the appendix of the code, defined as a miscellaneous inspection. (7) Expiration. Any permit issued under this section shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit or if the work authorized by the permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days. (8) Modifications. After the work- performed under the permit is approved, no person shall thereafter alter or change the approved driveway without submitting a new application in accordance with the provisions of this section." Section 2. That Appendix Article 3.700 (fee schedule) of the Code of Ordinances, City of Sanger, Texas, is hereby amended, which said article shall read as follows: "Sec. 3.700 Curb, Gutter, Driveway, and Culvert Installations It shall be unlawful for any person to construct, reconstruct or repair any driveway, curb, gutter, or drainage facility in the streets and alleys of the city without first obtaining a permit. To obtain such permit an application must be filed with the city describing the abutting property to which the proposed work on the public property is to be done either by lot, block, or tract and house number, location on the street or similar description which will readily identify and definitely locate the site of proposed work; a description of the proposed work to be performed; and any other pertinent information as shall be required by the city. The fee for such permit shall be twenty- five dollars ($25.00) and shall expire if the work authorized therein is not commenced within six (6) months of the date of the permit. Plans for such work shall be approved by the city designated official prior to issuance of any permit." Section 3. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 5. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section 6. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the 18th day of August, 2003, by the City Council of the City of Sanger, Denton County, Texas. APPROVED: '14w,'r4 1 . -" rI ► NZ ATT ST: Rosalie Chavez, City Secret f 3 ^t EXHIBIT A 5' MIN. TRANSITION 5' THOROUGHFARES 10' MINIMUM 2' RESIDENTIAL s" q--] THOROUGHFARES, 5' MIN. 2' RESIDENTIAL I 1"/1' MAXIMUM SLOPE LPAVEMENT Ar `KEYWAY THICKNESS (T) PROFILE N.T.S. --- R.O.W. UNE- -- -- -- -- -- -- --- I PREMOLDED EXPANSION MATERIAL \ 6" CLASS "A" REINFORCED CONCRETE DRIVE W 0- 9 vi T #3 BARS PARALLEL TO X EDGE OF DRIVE BACK OF CURB ROUT AND SEAL 1" DEEP I LENGTH OF KEYWAY #3 BARS ON 24" CTRS. BOTH WAYS J- , 6 " KEYWAY 4" FACE OF CURB NO EXPANSION MATERIAL 24' MINIMUM RESIDENTIAL 30' MINIMUM THOROUGHFARES 32' MINIMUM ALLEY TURNOUTS PLAN N.T.S. SEE NOTES. STANDARD DRAWING NO. 2150B. 5' MIN. TRANSITION 5' THOROUGHFARES 10' MINIMUM 2' RESIDENTIAL 6" A 7 LPAVEMENT THICKNESS (T) R.O.W. LINE A-J PROFILE N.T.S. PREMOLDED EXPANSION THOROUGHFARES, 5' MIN. 2' RESIDENTIAL 1"/1' MAXIMUM SLOPE Y MATERIAL 6" CLASS "A" REINFORCED CONCRETE DRIVE W a 0 UJi T #3 BARS PARALLEL TO X EDGE OF DRIVE � 4" BACK OF CURB ROUT AND SEAL 1" DEEP I LENGTH OF KEYWAY J— #3 BARS ON 24" CTRS. BOTH WAYS —L - —j " 6 I KEYWAY 4" FACE OF CURB NO EXPANSION I MATERIAL 24' MINIMUM RESIDENTIAL 30' MINIMUM THOROUGHFARES 32' MINIMUM ALLEY TURNOUTS PLAN N.T.S. IDARD DRAWING NO. 2150B.