A Master Street Plan has been approved by the Tyler Area Metropolitan Planning Organization (MPO) and adopted by the City Council on April 26, 2023 with exceptions to identify arterial and collector streets and to serve as a guide for future street development in the Tyler metropolitan planning area. The purpose of this plan is to provide for orderly improvement and expansion of the roadway system at minimum cost as the need for improvements arises. The plan delineates the street network estimated to be needed to convey adequately the traffic growth over the next 25 years. A copy of the master street plan is on file and available for public review in the planning department, city clerk's office, and the Tyler Area Metropolitan Planning Organization's website. (0-2005-29, 4/27/05) (Ord. No. 0-2012-70; 9/12/12) (Ord. No. 0-2023-29; 4/26/23)

A map labeled "Master Street Plan" and a report are hereby adopted as the city's street plan for the areas within the city limits, and within the city's extraterritorial jurisdiction, with exceptions as approved by City Council and listed in Section 10-154. The City Council will use the report as a guide to assist with future city code amendments, such as the subdivision provisions in this code. A copy of the map and the report are on file and available for public review in the planning department, the city clerk's office, and the Tyler Area Metropolitan Planning Organization's website. (0-2005-29, 4/27/05) (0-2010-11, 1/27/10)(0-2011-25, 4/27/11) (Ord. No. 0-2012-70; 9/12/12) (Ord. No. 0-2023-29; 4/26/23)

All preliminary plats, final plats, replats and amending plats must to meet all requirements of the master street plan, including the dedication requirements in this division unless otherwise exempted by this code. (Ord. No. 0-2023-29; 4/26/23)

New subdivisions requiring multiple access points in accordance with Sec 10-187 shall identify a route within the proposed subdivision which connects the access points and designate that route as a collector. In determining the expected number of residential lots serviced, lots in adjacent subdivisions shall also be considered where connections to adjacent subdivisions are made. (Ord. No. 0-2023-29; 4/26/23)

Any person that desires to develop a street in a manner inconsistent with the recommendations of the master street plan maps or report may petition the City for relief through one of the following options.    

   a.   Exemptions.

   An exemption to the master street plan right-of-way dedication requirements may be allowed when a property is replatted, if one of the following requirements are met:

      1.   There is an existing plat of record for the property to be replatted; and any newly created lots have an existing building that is designed and built for the support, enclosure, shelter, protection or use for permanent or continuous occupancy by persons for assembly, business, education, industrial, institutional, mercantile, or residential purposes, and where minimum right-of-way was previously dedicated or;

      2.   The road is built to its ultimate cross section, including curb, gutter, and sidewalks.

   b.   Voluntary Joint Applications for Amendments

      Any person that desires to develop a street in a manner inconsistent with the requirements of the master street plan, maps or report described above, may seek to file a written request jointly signed by the person, the city, and all parties to be immediately affected by the requested change, with the planning department. The filing fee for such voluntary joint amendment application will be in an amount established by the city council and kept on file by the planning department. If all parties agree, then the proposed amendment application will then be placed on a planning and zoning commission agenda. The planning and zoning commission will conduct a public hearing and will then make a recommendation to the city council. The city council will make a final determination concerning the requested change and will decide if the master street plan, report, or maps will be followed or amended. (Ord. No. 0-2006-11, 1/11/06)

   c.   Appeals

      Any person that desires to develop a street in a manner inconsistent with the requirements in the master street plan, maps, or report described above must file a written request along with the reasons therefore with the planning department. The filing fee for such written request will be in an amount established by the city council and kept on file by the planning department. The appeal or requested change will then be placed on a planning and zoning commission agenda. The planning and zoning commission must conduct a public hearing and will then make a recommendation to the city council. The city council will make a final determination concerning the appeal and requested change and must decide if the master street plan, report, or maps will be followed or amended. (0-99-91; 11/17/99) (O-2003-38, 7-23-03) (0-2005-29, 4/27/05) (Ord. No. 0-2006-11, 1/11/06)

   d.   Exceptions to Master Street Plan Recommendations

      The following exceptions to the 2021 Master Street Plan approved map recommendations adopted by the City Council on April 26, 2023, are hereby made.

      1.   The portion of Cumberland Road extending from Paluxy to Broadway will continue to be designated as a minor arterial but be limited to the 100 feet of right-of-way rather than the proposed 105 feet approved for other arterials. (0-2005-27, 4/27/05)

      2.   A 105 feet minor arterial proposed right-of-way along Rice Road, located at the northeast corner of the intersection of Richmond Road and Rice Road, extending 418 feet east along the north side of Rice Road. The dedication of 22½ feet of right-of-way is not required, but the existing 15-foot landscape easement is recognized and the dedication of an additional 7 ½ feet of right-of-way is required, to a total to 22½ feet. (0-2005-87; 10/26/05)

      3.   The required right-of-way for one way streets as designated in Chapter 17, Article IV., will be 65 feet for major arterials, and 60 feet for minor arterials and collectors. (Ord. No. 0-2006-11, 1/11/06)

      4. The portion of South Broadway Avenue extending from 4th Street to Front Street is designated as a Minor Arterial with 90' right-of-way. (Ord. No. 0-2010-11; 1/27/10)

      5. The west portion of Barbee Road between Paluxy Drive and County Road 2191 is adjusted to move alignment south away from being only on the property line, with future access consideration to be given to the nearby educational facility. (Ord. No. 0-2023-29; 4/26/23)

      6. Remove the collector designation for Caldwell Boulevard between North Parkdale Drive and Forest Avenue and designate Forest Avenue as a collector street to intersect with Garden Valley Road. (Ord. No. 0-2023-29; 4/26/23)

      7. Add a collector street connecting Waljim Street and Cumberland Road west of Lakeway Drive. (Ord. No. 0-2023-29; 4/26/23)

      8. Reclassify County Road 1121 from minor arterial to collector street south of Lindsey Park. (Ord. No. 0-2023-29; 4/26/23)

      9. Reclassify County Road 1130 from minor arterial to minor collector between Toll 49 and Farm-to-Market Road 2661. (Ord. No. 0-2023-29; 4/26/23)

      10. Reclassify County Road 1140 from principal arterial to minor collector between Toll 49 and County Road 1125. Remove proposed principal arterial designation between Toll 49 and Farm-to-Market Road 2661. (Ord. No. 0-2023-29; 4/26/23)

      11. Realign County Road 1141 for a T-intersection with the future West Grande Boulevard extension. (Ord. No. 0-2023-29; 4/26/23)

      12. Reclassify County Road 1227 from minor collector to minor arterial between Farm-to-Market Road 2661 and County Road 1141. (Ord. No. 0-2023-29; 4/26/23)

      13. Extend County Road 1227 as a minor arterial street between Farm-to-Market Road 2661 and County Road 1254. (Ord. No. 0-2023-29; 4/26/23)

      14. Realign West Grande Boulevard extension to align with County Road 1227. (Ord. No. 0-2023-29; 4/26/23)

      15. Add extension of County Road 134 as a minor collector between County Road 137 and Farm-to-Market 346. (Ord. No. 0-2023-29; 4/26/23)

      16. Add minor collector street connection between County Road 15 and County Road 2193. Remove the collector street designation for existing portion of County Road 2193 where it curves north. (Ord. No. 0-2023-29; 4/26/23)

      17. Reclassify County Road 178 from minor arterial to minor collector between Farm-to-Market Road 2813 to County Road 192. Remove connection between County Road 192 and Three Lakes Parkway extension. (Ord. No. 0-2023-29; 4/26/23)

      18. Realign County Road 336 west to connect to Farm-to-Market Road 2015. (Ord. No. 0-2023-29; 4/26/23)

      19. Realign Crosslake Boulevard into County Road 192 instead of Three Lakes Parkway.(Ord. No. 0-2023-29; 4/26/23)

      20.Add minor arterial extension for East Grande Boulevard between State Highway 110 and Farm-to-Market Road 848. (Ord. No. 0-2023-29; 4/26/23)

      21.Reclassify County Road 2122 from minor collector to minor arterial between East Grande Boulevard and County Road 2120/County Road 262. (Ord. No. 0-2023-29; 4/26/23)

      22.Remove collector street designation for Jeff Davis Drive.
(Ord. No. 0-2023-29; 4/26/23)

      23.Continue New Copeland Road as a minor arterial street to connect with Paluxy Drive. Reclassify to minor arterial between East Grande Boulevard and Paluxy Drive. (Ord. No. 0-2023-29; 4/26/23)
      24.Reclassify Old Noonday Road from minor arterial to minor collector between West Grande Boulevard and County Road 178. (Ord. No. 0-2023-29; 4/26/23)
      25.Classify Paula Drive as a minor collector street and extend between Spur 364 and County Road 1121. (Ord. No. 0-2023-29; 4/26/23)

      26.Extend Robertson Road as a major collector street between Loop 323 and Earl Campbell Parkway. (Ord. No. 0-2023-29; 4/26/23)
      27.Realign Three Lakes Parkway intersection with State Highway 155 further north of Summit Ridge Drive. (Ord. No. 0-2023-29; 4/26/23)

      28.Designate Timber Bend Trail as the collector street between County Road 461and Old Rand Road, connect to Highway 69 North rather than County Road 471. (Ord. No. 0-2023-29; 4/26/23)
      29.Remove proposed collector street connecting Waljim Street and Cumberland Road between Lakeview Drive and Crooked Trail. (Ord. No. 0-2023-29; 4/26/23)

   a.   Dedication of Right-of-Way

      The developer must provide all right-of-way required for existing or future streets, as outlined in the master street plan or other valid development plans approved by the planning and zoning commission or City Council as applicable. Greenbelts, buffers, strips of land, open spaces or undevelopable land as shown on the preliminary plat and phasing plan must be platted at the time the adjacent developable lots are platted. In the case of perimeter streets, half of the total required right-of-way for such streets must be provided. However, in some instances more than half will be required depending on the actual or proposed alignment of the street. (Ord. No. 0-2017-100; 11/8/17) (Ord. No. 0-2023-29; 4/26/23)

   b.   Perimeter Streets

      Where an existing half-street is adjacent to a proposed subdivision or addition, the unimproved half of the street must be dedicated and improved by the developer.

   c.   Slope Easements

      The dedication of permanent or temporary easements, in addition to dedicated rights-of-way will be required whenever, due to topography, additional width is necessary to provide adequate earth slopes. Such slopes may not be in excess of three feet horizontal to one foot vertical.

   d.    Release of Reserved Right-of-Way
Right-of-way dedications from Master Street Plans that are no longer included in the current Master Street Plan are released from dedication. (Ord. No. 0-2013-41; 5/22/13)

The developer must construct all streets or thoroughfares to city standards in rights-of-way as required by the master street plan and must follow the approved cross section standards as per the master street plan Report document, subject to participation policies stated in Article V, Division D and E. Streets (including sidewalks) which dead-end at power lines, railroad, or similar rights-of-way, and are intended for future extension must be constructed in the full right-of-way as required by the master street plan for half the distance across such right-of-way for each side. Widths shown below are face to face of curbs and required on both sides of divided streets. Developers of property abutting only one side of a street are responsible for half of the road up to a residential street section. When no road exists, the minimum is a 28 foot pavement section. The minimum paving widths for the various types of streets must be as follows:

 

Where a subdivision or addition borders a substandard street or when the master street plan indicates plans for realignment, widening or constructing a street that would require use of some of the land in the subdivision or addition, the applicant will be required to improve and dedicate those areas for widening or realignment of those streets, as follows:

   a.   When a proposed subdivision or addition abuts or will abut both sides of a substandard street or a proposed street in the master street plan, the developer will be required to improve the substandard street or proposed street so that it will be a standard street, including sidewalks. The minimum street paving widths are set forth in Sec. 10-155 Minimum Paving Widths Table.

   e.   Exemption to public improvement requirements for certain replats. An exemption to the requirements for improvement, widening and realignment of existing and proposed streets set forth in subsections (a) through (c) above will be allowed when the property is replatted, if all of the following requirements are met:

      1.   There is an existing plat of record for the property to be replatted; and

      2.   Any newly created lots have an existing building that is designed and built for the support, enclosure, shelter, protection or use for permanent or continuous occupancy by persons for assembly, business, education, industrial, institutional, mercantile, or residential purposes. (Ord. No. 0-2000-11, 3-1-2000) (Ord. No. 0-2006-19; 2/8/06)

In order to provide for streets of suitable location, width, and improvement to accommodate prospective traffic and afford satisfactory access to police, firefighting, sanitation, and street-maintenance equipment, and to coordinate streets so as to compose a convenient system and avoid undue hardships to adjoining properties, an adequate street and thoroughfare system must be designed in accordance with the standards set forth in these regulations, together with those contained in the Design Guidelines for Subdivision Improvements. The Standard Specifications for Public Works Construction and the Standard Construction Details are incorporated herein by reference. In the event of a conflict between these or other regulations and those contained in such documents, the more specific and/or restrictive provisions will apply. Paving and other improvements are subject to the participation policies stated in Article V, Division D and E.

Alleys within single-family residential districts must be at least 15 feet wide within a minimum 15-foot right-of-way. Wider alleys, when required for drainage, screening walls, or other purposes, must be constructed in rights-of-way approved by the development services engineer. Alleys for other than single-family residential uses must be dedicated and paved a minimum of 20 feet wide within a minimum 20-foot right-of-way. The owner must construct the full width of the alley at owner’s expense.

Curbs and gutters must conform to standard city design and construction and are required in all subdivisions except roads designated as rural on the Master Street Plan and residential subdivisions where all lots are larger than two acres. Alternate curb and gutter construction are allowed in planned districts with the approval of the development services engineer. This exception will only apply to local streets and not on extensions of collector or arterial streets or streets proposed as such in the master street plan. (Ord. No. 0-2013-16; 2/27/13)

Street extensions are required to link subdivisions and to provide stub out spacing averaging 1000 foot spacing access to contiguous, unplatted land, except for subdivisions with private streets. Stub out locations are established by the preliminary plat in accordance with this section. Temporary cul-de-sacs must be installed by the developer when required by the development services engineer. (Ord. No. 0-2023-29; 4/26/23)

The developer will be responsible for the installation of traffic buttons and markings which are necessary for the safe transition or channelization of traffic. When required by the traffic engineer the owner must install traffic buttons and markings for lane dividers. All traffic buttons and markings must be installed as required by the traffic engineer.

The creation of reserve strips will not be permitted in such a manner as to deny access from adjacent property to any street, alley, or officially approved place, except as noted in Sec. 10-113 pertaining to double frontage lots.Greenbelts, buffers, strips of land, open spaces or undevelopable land as shown on the preliminary plat and phasing plan must be platted at the time the adjacent developable lots are platted. (Ord. No. 0-2017-100; 11/8/17)

   a.   All streets must be properly integrated with the existing and proposed system of streets and dedicated rights-of-way as established on the master street plan.

   a.   No cul-de-sac unless otherwise authorized by the planning and zoning commission may exceed 600 feet in length, as measured from the centerline of the street with which it intersects to the center point of the cul-de-sac. Cul-de-sac lengths longer than those specified in this section will require approval of a variance. In reviewing a variance, the commission will consider the following:

      1.   Alternative designs which would reduce street, cul-de-sacs, or alley length;

      2.   The effect of overlong blocks, cul-de-sacs, or alleys on access, congestion, and delivery of municipal services; and

      3.   Means of mitigation, including but not limited to increased street width, mid-block turnarounds, limitation on the number of lots to be created and served, temporary points of access, and additional fire protection measures.

   a.   For greater convenience to traffic and more effective police and fire protection, permanent dead-end streets will, in general, be prohibited. However, the planning and zoning commission may require the reservation or dedication of an appropriate easement to accommodate drainage facilities, pedestrian traffic, or utilities.

   b.   A cul-de-sac turnaround must be provided at the end of a permanent dead-end street in accordance with Design Guidelines for Subdivision Improvements.

   c.   The city may require the construction of temporary dead-end streets in order to provide for the future connection of subdivisions and to ensure reasonable access and avoid excessive street length.

   a.   Street names must be submitted to the planning department for approval. Street names and subdivision names will be referred to the 9-1-1 Network of East Texas for verification. Streets that are to be in alignment with existing streets must be given the same name. Names must be sufficiently different in sound and spelling so as not to cause conflict or confusion. The planning department will maintain an index of street names. Street names and subdivision names are fixed at the time of approval of the final plat.

   c.   Street name signs will be installed by the city upon acceptance of the development street improvements by the development services engineer.

   d.    Private ways will follow the same standards as street names and signs, but the suffix for the name shall be restricted to Way. In addition, any new street designations shall not use the suffix Way. (Ord. No. 0-2014-97; 10/22/14)

The pavement structure must be designed in accordance with the Design Guidelines for Subdivision Improvements in Tyler.

An interconnected street system is necessary in order to promote the public health, safety, and welfare of the city, as well as orderly and healthful development by ensuring that streets function in an interdependent manner, provide adequate access for emergency and service vehicles, enhance walkability by ensuring connected transportation routes, and provide continuous and comprehensible traffic routes.

All proposed public and private streets must be continuous and connect to existing, platted, or planned streets without offset, except for cul-de-sacs as permitted in Sec. 10-167. (Ord. No. 0-2023-29; 4/26/23)

All collector-designated streets will connect on both ends to an existing or planned collector or higher functional classification street. Newly created collectors must have separate connection points to the transportation network in accordance with the preliminary plat and approved phasing. (Ord. No. 0-2023-29; 4/26/23)

Adequate streets must be provided by the subdivider such that the arrangement, character, extent, width and grade of each must conform to the master street plan and will be considered in their relation to existing and planned streets, to the topographical conditions, to the public safety and convenience and to their appropriate relationship to the proposed use of the land to be served by such streets.

   a.   Each subdivision must provide for the continuation of all arterial streets and highways as shown on the master street plan. Arterial streets should be located on the perimeter of the residential neighborhood.

   d.   Permitted alternative to cul-de-sacs may be approved by the Development Services Engineer. (Ord. No. 0-2023-29; 4/26/23)

   a.   A subdivision of < 60 lots or less must provide access to the existing or planned public roadway system via at least one access points.

   c.   Subdivisions of >121 lots or greater will be required to provide at least three access points to the existing or proposed public roadway system, subject to review by the development services engineer. The additional access points must be shown on the plat and construction plans for the development; however, construction of the street may be postponed to a later phase of development. The planning and zoning commission may require the construction of any access point at the time of approval of the final plat unless extreme natural conditions, as determined by the planning director and the development services engineer, make such connection infeasible. (Ord. No. 0-2009-19; 3/11/09)

To provide connectivity to other neighborhoods existing streets in adjacent or adjoining areas must be continued in the new development, in alignment therewith. Whenever connections to anticipated or proposed surrounding streets are required by this section, the right-of-way must be extended and the street developed to the property line of the subdivided property (or to the edge of the remaining undeveloped portion of a single tract) at the point where the connection to the anticipated or proposed street is expected. The development services engineer will require temporary turn-arounds to be constructed at the end of such streets pending their extension when such turn-arounds appear necessary to facilitate the flow of traffic or accommodate emergency or service vehicles. Notwithstanding the other provisions of this subsection, no temporary dead-end street in excess of 600 feet may be created unless no other practical alternative is available.

Where off-sets in street alignment are, in the opinion of the development services engineer, unavoidable due to natural features or other unique elements of the land, such off-sets may be included, provided the distance between center lines is not less than 200 feet.

If the lots in the proposed subdivision are large enough to suggest re-subdivision in the future, or if part of the parent tract is not platted, consideration must be given to possible future street openings and access to future lots which could result from such re-subdivision.

   a.   Local streets must be designed so as to meet the local street connectivity requirements of Article V, Division C.

   d.   Where existing alleys are used, alley turnouts must be provided to new subdivisions.

   a.   Private Streets and Alleys

      Private streets must conform to the same standards regulating the design and construction of public streets. These standards include, but are not limited to, the following:

      1.   Minimum pavement width of private streets will be 28 feet measured from face of curb to face of curb.

      3.   Street naming requirements in Sec. 10-169. (Ord. No. 0-2014-97; 10/22/14)

 

   a.   Streets shown on the master street plan of the transportation element of the comprehensive plan may not be used, maintained, or constructed as private streets or ways.

   b.   The planning and zoning commission may deny the creation of any other private street or way if, in its judgment, the private street or way would negatively affect traffic circulation on public streets or impair access to property either on-site or off-site to the subdivision, impair access to or from public facilities including schools and parks, or delay the response time of emergency vehicles. (Ord. No. 0-2014-97; 10/22/14)

   a.   General Requirements

      1.   Subdivisions developed with private streets, alleys, and/or ways are required to have a homeowner’s association which must own and will be responsible for the maintenance of access and appurtenances. All owners of property served by the private access must be members of the homeowner’s association.

      2.   The homeowner’s association must have the direct responsibility to provide for the operation and maintenance of all private infrastructure, common areas and facilities, including private access and sidewalks, which are a part of the enclave subdivision. (Ord. No. 0-2014-97; 10/22/14)

   b.   HOA Documents

      1.   For the purposes of this subsection, the term “HOA Documents” means any law, rule, or comparable instrument governing the internal affairs of an organization.

      2.   The applicant must submit to the city a copy of the association’s HOA Documents covering the establishment, maintenance, and operation of a residential subdivision.

      3.   The HOA Documents must establish a plan for the use and permanent maintenance of the private infrastructure/common areas/facilities and demonstrate that the homeowner’s association is self-perpetuating and adequately funded by regular assessment and/or special assessment to accomplish its purposes.

      4.   The HOA Documents must include provisions that provide the city with permission for access at any time without liability when on official business, and further, to permit the city to remove obstructions if necessary for emergency vehicle access and assess the cost of removal to the owner of the obstruction. The HOA documents must be approved by the city attorney as to legal form prior to any plat recordation and shall be recorded by the developer prior to the issuance of a Letter of Final Acceptance for the infrastructure. (Ord. No. 0-2023-29; 4/26/23)

   a.   Private streets, alleys and ways must be constructed within a separate lot owned by the home owners association. This lot must conform to the Design Guidelines for Subdivision Improvements. (Ord. No. 0-2014-97; 10/22/14)

   b.   An easement must be granted to the city providing unrestricted use of the property for utilities and the maintenance of same. This right will extend to all utility providers, including tele-cable companies, operating within the city. The easement must also provide the city with the right of access for any purpose related to the exercise of a governmental service or function including, but not limited to, fire and police protection, inspection and code enforcement. The easement will permit the city to remove any vehicle or obstacle within the street lot that impairs emergency access.

The city will not pay for any portion of the cost of constructing or maintaining a private street, alley or way. (Ord. No. 0-2014-97; 10/22/14)

Water facilities placed within a private street, alley or way must be installed in conformance with Chapter 19 of the Tyler City Code. Sewer and drainage facilities placed within a private street, alley or way must be installed in conformance with the Design Guidelines for Subdivision Improvements. All such facilities must be dedicated to the city prior to final approval. (Ord. No. 0-2014-97; 10/22/14)

   a.   Developments proposed with private streets must submit to the city the same plans and engineering information required to construct public streets and utilities.

   c.   The city will inspect private streets during construction and periodically thereafter to ensure the streets are in good condition and that emergency access is maintained.

The entrances to all private streets and ways must be marked with a sign stating that it is a private street or way. Guard houses, access control gates, and cross arms may be constructed. All restricted access entrances must be in compliance with Article IV, Division C. If the association fails to maintain reliable access as required to provide city services, the city may enter the subdivision and remove any gate or device which is a barrier to access at the sole expense of the association. (Ord. No. 0-2014-97; 10/22/14)

A property owner's association may request that the City accept private streets and alleys and the associated property as public streets and right-of-way. However, in no event will the City be obligated to accept said streets and alleys as public. Should the City elect to accept the streets and alleys as public, it may inspect the private streets and assess the lot owners for the initial expense of needed repairs to bring the streets or alleys up to City standards and concurrent with the City's acceptance of the streets and alleys. The City will be the sole judge of whether repairs are needed. The City may also require, at the association's expense and concurrent with the City's acceptance of the streets and alleys, the removal of guard houses, access control devices, landscaping or other aesthetic amenities located within the street lot, as a condition of acceptance.

Private ways, as they are not constructed to public street standards, are not eligible for petition to convert to public maintenance. (Ord. No. 0-2014-97; 10/22/14) (Ord. No. 0-2016-8; 1/27/16)

   a.   Signs identifying private streets must conform to the same minimum standards regulating the design and construction of signs identifying public streets as approved by the traffic engineer.

   c.   All private traffic signs must conform to the Texas Manual of Uniform Traffic Control Devices. (Ord. No. 0-2000-11, 3-1-2000) (Ord. No. 0-2006-19, 2/8/06)

   a.   For public or private street construction occurring within a subdivision in Zone 2 of the extraterritorial jurisdiction, the developer must provide to the city a construction bond or letter of credit made payable to Smith County with a copy provided to the City in an amount established by the city council and kept on file in the development services department, which will be in effect until street construction is completed. (Ord. No. 0-2003-50, 9/24/03)

   b.   For public street construction occurring within a subdivision in Zone 2 of the extraterritorial jurisdiction, the developer must provide to the city a one-year maintenance bond or letter of credit made payable to Smith County with a copy provided to the City in an amount established by the city council and kept on file in the development services department, which will be in effect after the acceptance of construction. (Ord. No. 0-2003-50, 9/24/03) (Ord. No. 0-2003-72, 12/10/03)

   a.   Required Permits and Plans for Private Driveways

      1.   Driveways and sidewalks shall be located and constructed according to the city Driveway Design Standards and Paving Detail Standards on file with the development services engineer.

      2.   No driveway may be constructed, reconstructed, altered, or repaired, until a permit is issued by the development services department. Unless otherwise expressly stated herein, the provisions of this chapter will apply to state highways. It is the responsibility of development services engineer to provide the Texas Department of Transportation with a copy of driveway permits issued on state highways no later than 10 business days following issuance of same.

      3.   No driveway permit for a major driveway may be issued by the development services department for commercial driveways until the traffic engineer has approved the driveway location and design of the off street parking plan.

      4.   Each application for a major driveway permit must include a driveway design and an off-street parking plan. The plan must be drawn to scale, showing all parking spaces, all existing and proposed curb inlets, landscaping, fences, barriers, utilities, driveway dimensions, all existing driveways on the property, all existing driveways on adjacent properties located within 100 feet of the proposed driveway, the street address, and any additional information required by the development services engineer.

      5.   If the proposed driveway plan is part of a new building construction or remodeling plan requiring a building permit, the driveway permit may not be issued until the building permit has been issued. (Ord. of 8-19-75, § 2(A)(1), (2), (3)) (0-98-31, 4-15-98) (Ord. No. O-2000-76, 10-4-2000) (Ord. No. 0-2006-70; 8/9/06)

      6.   The actual construction of driveway and parking improvements must comply with the approved plan and permit terms and is subject to inspection during construction. (Ord. of 8-19-75, § 2(A) (4)) (Ord. No. 0-96-61, 7-17-96) (0-98-31, 4-15-98) (Ord. No. O-2000-76, 10-4-2000)

   b.   Revocation or Denial of Permit

      Any permit granted by the development services department pursuant to this chapter may be revoked by the development services engineer any time the terms of this chapter are violated, or when the continued exercise of the privilege constitutes a menace to the public safety or is an unreasonable use of the public streets or ways. Repeated and suspected intentional violations will be deemed sufficient reason to deny issuance of permits in future applications by the individual violators.

   c.   Removal of Unauthorized Driveway

      If a driveway is constructed, altered, or modified without the issuance of a driveway permit, in violation of the conditions of the permit, or in violation of this division, the development services engineer may require the violator, at violator’s expense, to remove the driveway and restore the street and right-of-way to its original condition.

   d.   Driveway Profiles

      Driveway profiles must be determined based upon the grade of a two-way, one-way or divided commercial driveway and shall not exceed 10 percent across public right-of-way. All driveways shall be designed to allow accessible traversing by pedestrian sidewalks, where accessible means complying with the Texas Accessibility Standards and the American Disabilities Act.

   e.   Driveway Spacing

      Driveway spacing must adhere to Table 10-211e: Spacing is to be measured from the end of radius of the driveway to the end of radius of the adjoining driveway or street.

(Ord. No. 0-2010-20, 3/10/10)

 

 

 

   f.   Number of Driveways per Parcel

      1.   One Cross access is required between adjacent non-residential properties so that each property can share the use of the driveway(s) on the adjacent property. A shared driveway that is centered on the common property line is also encouraged. When one non-residential property develops before the adjacent property develops, the full width of the shared driveway shall be constructed at that time. Each non-residential property is required to construct the cross access drive on its property and to connect it to any adjacent existing driveway/cross access drive or extend to the location where a future connection is anticipated. Ord. No. 0-2023-29; 4/26/23)

      2.   Shared driveway connections can be required by the Development Services Engineering Manager or Traffic Engineer to ensure adequate circulation. (Ord. No. 0-2023-29; 4/26/23)

      Additional driveways may be permitted in accordance with Table 10-211e as part of building permit site plan review.

      3.   One driveway opening is permitted to a parcel from any abutting street provided that access is not otherwise controlled or restricted.

      4.   Additional driveways may be permitted in accordance with Table 10-211e as part of building permit site plan review.

      5.   Additional driveways may be allowed, subject to approval by the development services engineer if they are shared access driveways, or shared access easements are provided. (Ord. No. 0-2023-29; 4/26/23)

   g.   Corner Clearance

      All driveways must adhere to Table 10-211g.

(Ord. No. 0-2009-19; 3/11/09)

   h.   Failure to Comply

      Failure to comply with any of the requirements of this section will be grounds for disapproval of the proposed plan or application for a building permit.

   i.    Driveways within Railroad Quiet Zones

      A railroad quiet zone is a defined area where railroads have been directed to cease routine sounding of train horns when approaching public highway-rail grade crossings. No commercial or industrial driveway may be constructed within 60 feet of a railroad gate arm within a defined railroad quiet zone. Railroad quiet zones which have been established within the City are as follows:

 

(Ord No. 0-2021-23; 3/24/21)

No driveway entrance may interfere with city facilities such as street light poles, traffic signal standards or detectors, signs, catch basins, hydrants, water meters, valve boxes, manways, crosswalks, bus stop areas, utility poles, fire alarm supports, underground pipes or ducts or other necessary street structures. Arrangements must be made with the proper authority for the adjustment or relocation of the facility affected and/or adjustments made in the driveway design, before a permit will be issued. Driveway entrances on state highways must comply with the Texas Department of Transportation Access Management Manual and other state or federal laws, as applicable. (Ord. of 8-19-75, § 2(A) (6)) (Ord. No. 0-96-61, 7-17-96) (0-98-31, 4-15-98) (Ord. No. O-2000-76, 10-4-2000) (Ord. No. 0-2006-70; 8/9/06)

Where in the opinion of the development services or traffic engineer, a driveway is proposed that meets all requirements of this division, yet will, by its location or design or other element, be unduly hazardous, the development services or traffic engineer may deny such driveway location and/or design. The development service’s or traffic engineer’s decision may be appealed pursuant to Sec. 10-216.

The construction of all driveways must conform to the standards and specifications published by the development services department, and with the Texas Department of Transportation Access Management Manual where applicable. (Ord. of 8-19-75, § 2 (B)) (Ord. No. 0-96-61, 7-17-96) (0-98-31, 4-15-98) (Ord. No. O-2000-76, 10-4-2000) (Ord. No. 0-2006-70; 8/9/06)

The development services engineer, with the concurrence of the traffic engineer, may grant variances to the requirements of this division to the extent deemed necessary and proper so as to relieve undue difficulty or hardship, if the granting of the variance would not adversely affect the public safety and welfare and would not impair the interest of this division and the master street plan.

   a.   Appeals to the decisions of the development services or traffic engineer in the application of this division will be made in accordance with Chapter 1, Article IV , of the Tyler City Code.

   b.   This subsection applies only to an appeal of the development services or traffic engineer that involves a rule or regulation of the Texas Department of Transportation Access Management Manual. Appeals to the decisions of the development services engineer and/or traffic engineer in the application of this division to state highways will be made to the Texas Department of Transportation area engineer responsible for the respective state highway. The appellant shall file with the development services or traffic engineer such information as each shall require, and the development services engineer or traffic engineer shall forward such information to the appropriate Texas Department of Transportation engineer. Said Texas Department of Transportation area engineer shall decide the appeal, and said decision shall be final. (Ord. of 8-19-75, § 2 (C)) (Ord. No. 0-96-61, 7-17-96) (0-98-31, 4-15-98) (Ord. No. O-2000-76, 10-4-2000) (Ord. No. 0-2006-70; 8/9/06)

In addition to the following requirements, minor driveways on state highways must comply with the Texas Department of Transportation Access Management Manual and any other applicable state and federal laws. (Ord. No. 0-2006-70; 8/9/06)

   a.   Width

   See Table 10-211e for required driveway widths. Driveway width is measured at right angles to the centerline of the driveway, except as increased by permissible radii. Single-family corner lots with more than a two-car garage may be allowed a driveway width equal to garage width, not to exceed maximum driveway width of 35 feet. (Ord. No. 0-2010-20; 3/10/10)

   b.   Angular Placement

   The center line of a minor driveway must meet the curb line as close as practicable to a right angle. An angle of less than 70 degrees shall not be permitted.

   c.   Location

      1.   If a property used for single-family or two-family dwellings has frontage on both a major and minor street, no driveway access will be permitted to the major street.

      2.   See Table 10-211g for distance between driveway and nearest intersection. Distance is measured from the end of the driveway curb radius to end of the intersection curb radius. (Ord. No 0-2010-119, 11/10/10)

      3.   A common driveway for two adjacent residential properties may be allowed with the written agreement of the property owners. In such cases, the combined width must not exceed 30 feet measured at the right-of-way line.

   d.   Sketch

      For example of the foregoing, see the Standard Driveway Detail, available in the development services department, which is incorporated here by reference. (Ord. of 8-19-75, § 3) (Ord. No. 0-96-61, 7-17-96) (0-98-31, 4-15-98) (Ord. No. O-2000-76, 10-4-2000)

   e.   Minor Driveway Standards

      The following standards apply to all minor driveways providing ingress or egress to a public or private street.

      1.   One driveway opening is permitted to a parcel from any abutting street provided that access is not otherwise controlled or restricted.

      2.   A second driveway opening is permitted on corner lots, provided that no off-street parking areas are located in the sight triangle area as described by this code. (See Sec. 10-218). (Ord. No 0-2010-119, 11/10/10)

      3.   Attached single-family and multiple-family dwellings should be served by a common access driveway whenever possible and curb cuts must be minimized. (Ord. No. 0-2014-97; 10/22/14)

      4.   All multi-family dwellings and apartment complexes that abut an arterial or collector streets as identified in the Master Street Plan must comply with the major driveway standards of this section.

In addition to the following requirements, major driveways on state highways must comply with the Texas Department of Transportation Access Management Manual and any other applicable state and federal laws. (Ord. No. 0-2006-70; 8/9/06)

   a.   Width

      See Table 10-211e for required driveway widths. Driveway width is measured along the right-of-way line for driveways that are perpendicular to the street.

   b.   Measurement of Width on Angled Driveways

      The width of a driveway will be measured at right angles to the center line of the driveway at the right-of-way line. (Ord. No. 0-2014-97; 10/22/14)

   c.   Location

      1.   At a property line, with an adjacent property or alley, a curb length of not less than one foot must be left undisturbed between the near edge of the driveway and the property line projected to the curb line, except by plat, access easement, or upon submission of a letter from adjoining property owner stating that there is no objection to the radius extending in front of such property.

      2.   A minimum island width of 10 feet measured at the right-of -way line and the nose of the island nearest the curb line, may be permitted between adjacent one-way driveways serving as a combined entrance/exit facility. The total maximum driveway width when including the required minimum island width shall not exceed 70 feet as measured along the right-of-way line, except as increased by permissible radii.

   d.   Number of Driveways

      Each property will be limited to the number of driveways allowed by the spacing and location requirements in Table 10-211e and Table 10-211g:

   e.   Special Requirements

         On property used for purposes other than one- or two-family dwelling units, a continuous, six-inch, raised concrete curb must be constructed on all portions of the property adjacent to the right-of-way except at points of driveway access. Such curbs must be constructed so as to prevent driving over the sidewalk area except at points of driveway access. Where vehicles are to be parked other than parallel to the right-of-way or property line, curbs must be installed at least 30 inches from the right-of-way line or property line or located so as to prevent any part of a parked vehicle from extending over the right-of-way line or property line.

         All major driveways must be designed such that all vehicles will enter the adjacent street moving in a forward direction.

         Joint use driveways may be allowed on adjoining properties when the driveway meets all of the requirements of this chapter, provided that both property owners agree to such joint use either by joint application for a permit, by plat, easement, or by submission of a letter agreeing to such joint use by the property owner not making the application.

         Any existing driveways allowed to be used with new improvements to buildings must conform to this chapter. (Ord. of 8-19-75, § 4) (Ord. No. 0-96-61, 7-17-96) (0-98-31, 4-15-98) (Ord. No. O-2000-76, 10-4-2000)

   f.   Major Driveway Standards

      The following standards apply to all major driveways providing ingress or egress to an arterial or collector street as identified in the Master Street Plan.

      1.   Except in DBAC, PMXD-1, and PMXD-2, off-street parking spaces must be arranged so that no vehicle will back directly onto a street or primary access aisle in a shopping center. All private parking areas and circulation driveways must be located off of the street right-of-way. Divisional islands and curbs must be constructed where necessary to provide such protection. (Ord. No. 0-2014-97; 10/22/14)

      2.   Driveways must be designed so that vehicles entering the driveway from the street will not encroach upon the exit lane of a two-way driveway. Also, a right-turning exiting vehicle must be able to use only the first through traffic lane available without encroaching into the adjacent through lane.

      3.   Direct-access driveway placement must provide exiting vehicles an unobstructed sight distance onto the roadway according to the following schedule.

 

 

      4.   Access to property is allowed only across such driveways, and all other frontage on the property must not be used for egress, ingress, or parking on the right-of-way.

      5.   Sufficient space must be provided so that vehicles waiting to park or exit do not interfere with street traffic.

      6.   Driveway placement shall be such that loading and unloading activities will in no way hinder vehicle ingress or egress.

   a.   Sidewalks must be installed to provide all residental and non-residential areas with direct access to all neighborhood facilities, including the elementary school, parks and playgrounds, religious institutions, and shopping centers.

 

 

(Ord. No. 0-2000-11, 3/1/2000) (Ord. No. 0-2006-11, 1/11/06) (Ord. No. 0-2006-19, 2/8/06) (Ord. No. 0-2010-20, 3/10/10) (Ord. No. 0-2023-29; 4/26/23)

   A sidewalk master plan of the sidewalk network for the subdivision must be submitted with the preliminary plat. The sidewalk master plan must show the location and widths of all new sidewalks and greenbelt trails being planned for the subdivision and the connection points with existing sidewalks and greenbelt trails. The alignment, location, and width of the sidewalk may be varied if approved on the sidewalk master plan.

It is unlawful to construct, pave or repair any sidewalk to increase or diminish the width thereof as established by ordinance or elevate or lower the same above or below the grade established therefore by the city, or in case the city has established no grade to elevate or lower the same above or below the sidewalks of adjoining property. (Rev. Ords. 1903, Art. 369) (Ord. No. 0-2000-69, 9/20/00)

   a.   Repair of Defective Sidewalks

      A sidewalk or appurtenance thereto that becomes defective, unsafe or hazardous is hereby declared to be a public nuisance and is unlawful. It will be the duty of the owner of the abutting property to reconstruct or repair the sidewalk at such owner’s expense. This duty exists independently of any action by city to notify the abutting owners of the conditions. If a sidewalk or appurtenance thereto is found by the city to be defective, unsafe, or hazardous, the development services engineer will notify the owner of the abutting property to reconstruct or repair same. Failure to reconstruct or repair such defective, unsafe, or hazardous conditions within 30 days from the date of written notice to do so, or failure to begin such reconstruction or repair within 15 days from the date of such notice, is unlawful.

   b.   Liability for Defective Sidewalks

      The abutting property owner or person enjoying the use of any property abutting on a sidewalk that has become defective and has resulted in damage or injury will be primarily liable in damages for any loss or damage sustained as a result of such defective condition. The city will not be held as assuming any such liability by reason of inspection or reinspection or notice to abutting property owner as authorized herein or by reason of the approval or disapproval of any access, facilities, surfacing or appurtenances not made in accordance with the City Sidewalk Design Standards and Specifications (available in the development services department.)

   c.   Liability for Special Use of Sidewalks

      It is the duty of any property owner, landlord, tenant, lessee, sublessee, person, firm or corporation making special use of any sidewalk for the purpose of ingress or egress, for loading elevators, downspout drains or any other special use, whether recited herein or not, to keep such sidewalk abutting such property in a good and safe condition and free from any defects or hazards. Any defective condition of the sidewalk, loading elevator, downspout drain or any other special use or facility is hereby declared to be a public nuisance and is unlawful, and the special user will be liable in damages for any loss or damages sustained as a result of such defective condition.

   d.   Liens and Liabilities on Abutting Owners

      1.   If any person fails or refuses to comply with this section, the city may but assumes no duty to, go upon such property and do the work necessary to obtain compliance with this section. The expense so incurred by city in correcting the condition may be assessed against, and will be a personal obligation of, the owner of the abutting property. If the owner fails or refuses to pay such expense within 30 days after the work was done, and after the notice and hearing requirements of City Charter Section 51 have been met, the city may file with the Smith County Clerk a statement of expenses incurred in correcting the condition of the property. When such statement is filed, the city will have a privileged lien on such property to secure the payment of the expended amount. Such amount will bear interest at the rate of eight percent per annum from the date the city incurs the expense. For any such expenditure and interest and reasonable attorneys fees, suit may be instituted and recovery and foreclosure had by city.

      2.   Nothing herein will inhibit the right of city to make immediate repair of any condition considered to be of unusual and immediate danger to life or limb. In such instance the development services engineer will send an invoice for expenses incurred in the repair of such condition to the owner of the abutting property. If the owner fails or refuses to pay such expense within 30 days after notice of the reasonable charge by the development services engineer, the city may follow the above procedure to perfect a lien on such property.

   e.   Compliance

      Before any repair or maintenance work is commenced pursuant to this section, the abutting property owner or person enjoying the use of any property abutting a sidewalk must comply with all permit, licensing and bond requirements as set forth in this chapter. (O-93-107, Pt. 1, 12-14-93) (Ord. No. 0-2000-69, 9-20-2000)

It is unlawful to throw or place in any street, alley, sidewalk, gutter, storm drain, creek, or drainageway any refuse or any other obstruction so as to prevent the free passage of water or cause the same to stagnate therein or thereon or in laying down or repairing any utility or service, to leave any street, alley, sidewalk, gutter, storm drain, creek or drainageway in such condition as to impair the drainage of same. (Rev. Ords. 1903, Art. 410; Ord. of 8-1-80, § 1); (Ord. No. O-96-61, 7-17-96) (Ord. No. 0-2000-69, 9-20-2000)

Any person making such excavation must replace the earth taken without unreasonable delay. The replacement fill must be as closely packed, firm, and smooth as before such excavation. Where such excavation is made in any graveled or paved street, sidewalk, alley or other public place, the person making such excavation will restore the surface to at least the preexisting condition, to the satisfaction of the development services engineer. (Rev. Ords. 1903, Art. 371) (Ord. No. O-96-61, 7-17-96) (Ord. No. 0-2000-69, 9-20-2000)

Whoever makes any excavation in or adjoining any street, alley, sidewalk or other public place, will cause same to be barricaded and lighted in accordance with current standard safety practices. (Rev. Ords. 1903, Arts. 462, 463) (Ord. No. O-96-61, 7-17-96) (Ord. No. 0-2000-69, 9-20-2000)

   a.   Whoever places or maintains in any street, alley, sidewalk or other public place any cellar door or vault, must arch or cover over same and secure the grating or covering thereof so as to prevent persons, animals, or vehicles from falling therein. (Rev. Ords. 1903, Art. 464) (Ord. No. O-96-61, 7-17-96) (Ord. No. 0-2000-69, 9-20-2000)

   b.   It is unlawful to keep or leave open any cellar door, covering or grating of a vault on any street, alley, sidewalk, or other public place, or allow such door, covering or grating to be in an insecure condition, whereby passersby may fall into a cellar or vault. (Rev. Ords. 1903, Art. 465) (Ord. No. O-96-61, 7-17-96) (Ord. No. 0-2000-69, 9-20-2000)

Water meters must not be located within a sidewalk, unless otherwise approved by the water utilities operations manager or designee. The cost to relocate any water meter located within the area of a proposed sidewalk will be the responsibility of the builder. Any water meter lawfully existing in a sidewalk on the effective date of this code (9/22 /2000) may continue to exist. (Ord. No. 0-2000-69, 9-20-2000)

Every owner or person in control of any building must construct and maintain the gutters to prevent water from spreading over sidewalks. (Rev. Ords. 1903, Art. 368) (Ord. No. 0-96-61, 7/17/96) (0-98-31, 4/15/98) (Ord. No. 0-2000-69, 9-20-2000)

It is unlawful to construct or cause to be constructed any sidewalks, curbs, gutters, driveways, or alley pavements in any street or public place otherwise than in full and strict conformity with the city’s Sidewalk Design Standards and Specifications available in the development services department. (Ord. of 6-7-35, § 1) (Ord. No. 0-96-61, 7/17/96) (0-98-31, 4/15/98) (Ord. No. 0-2000-69, 9-20-2000)

   a.   General Requirements

      Prior any excavation, any contractor constructing sidewalks, curbs and gutters, driveways or alley pavement must first apply for and obtain a license, give a bond, and obtain a permit specially authorizing such work. The contractor must also obtain the engineering drawings depicting the lines, grades, and specifications as provided for in this section. Such license, bond, and permit must be in full force and effect at the time the excavation or construction is commenced or continued on the ground. (Ord. of 6-7-35, § 2(a)) (Ord. No. 0-96-61, 7/17/96) (0-98-31, 4/15/98) (Ord. No. 0-2000-69, 9-20-2000)

   b.   Application Form

      Every contractor desiring to engage in the business or occupation of constructing sidewalks, curb and gutters, driveways and alley pavements, in public streets or other public places must file with the development services department an application on a city approved form, requesting the issuance of a license authorizing such contractor to engage in said business or occupation. Each application must state the full name of the applicant and of each person expected to manage or superintend the performance of such work for the applicant, and must also state the names of each person owning or holding any financial interest or share of stock in any firm or corporation applying for such license. For each person so required to be mentioned, said application must also state the experience of such person in such construction work, and must also state whether or not the applicant has duly conformed to all city requirements as to all such work theretofore done in the city, and if not, why not. (Ord. of 6-7-35, § 2(b)) (Ord. No. 0-96-61, 7/17/96) (0-98-31, 4/15/98) (Ord. No. 0-2000-69, 9-20-2000)

   c.   Sidewalk License; Term

   d.   When such application is complete, the development services engineer will approve or deny it. Nontransferable

      Such license is not transferable.

   e.   Suspension; Effect of Accepting

      Any false or misleading statement made in the application will be sufficient to suspend the license. Each licensee will comply with all city ordinances regulating such work, which will be a part of each agreement for such work which may be hereafter made or entered into by any such contractor and any property owner. (Ord. of 6-7-35, § 2(b)) (Ord. of 9-3-82, §1) (0-98-31, 4/15/98) (Ord. No. 0-2000-69, 9-20-2000)

Any person aggrieved by the denial of a sidewalk license may appeal such action in accordance with Chapter 1, Article IV, of the Tyler City Code, otherwise the decision of the development services engineer is final. (Ord. of 6-7-35, § 2(b)) (Ord. of 9-3-82, §1) (Ord. 0-96-61, 7/17/96) (0-98-31, 4/15/98) (Ord. No. 0-2000-69, 9-20-2000)

The bond must be filed with the application and shall be executed by the contractor and by a good bonding company authorized to do business in the state. The form and sufficiency of the bond shall be subject to development services engineer’s approval, and must be in an amount established by the city council and kept on file in the development services department. Said bond must be conditioned among other things, that the contractor must, at its own cost and expense, furnish all proper materials, tools and appliances, and perform, execute, construct and complete all work undertaken, and comply with the specifications and requirements in city ordinances. If the development services engineer declares in writing that the contractor has failed or refused to construct and complete any such work in conformity with said obligations, either the city or any contracting property owner injured on such contract may sue and recover damages on such bond. Each bond will continue in effect during the maintenance period of two years as provided in this code, as to all work constructed or commenced in good faith on the ground during the period of the license in connection with which such bond may be given. Provided, however, on written notice to the development services engineer and the contractor, any surety on such bond may withdraw from all liability thereon on account of any and all further work undertaken by the contractor for which excavation or construction was not in good faith actually begun on the ground before the delivery of such notice, and after receipt of such notice the contractor may not begin any new work unless the contractor provides and procures the approval of a new bond in the same manner as required for the first bond. For any work commenced in violation of these provisions, the contractor must not be entitled to collect any pay. In any question as to when any work was actually begun the decision of the development services engineer shall be conclusive on the contractor and the sureties on all such bonds. In case the development services engineer shall be of opinion at any time and on any reasonable grounds that the solvency of or financial responsibility on any bond of any contractor is or may be insufficient or materially reduced by actual possible claims, the development services engineer may make written demand on the contractor for any additional bond, which shall be of corresponding amount, form and sufficiency. The contractor must immediately furnish any such requested additional bond, and the previous bond will not be held to cover any work not actually begun as aforesaid, before the date of such new bond, but all work begun after such date must be covered by such new bond. (Ord. of 6-7-35, § 2(c)) (Ord. of 9-3-82, §2) (Ord. of 8/21/84, §1) (Ord. 0-96-61, 7/17/96) (0-98-31, 4/15/98) (Ord. No. 0-2000-69, 9-20-2000)

Before any such work must be commenced or any materials therefore placed on the ground by or for any contractor, the contractor must file with the development services engineer a written application for a permit authorizing such work, which application must be in such form as may be required by the development services engineer, and thereupon the development services engineer will issue to such contractor, a signed permit in writing which, among other things, shall be dated, name the contractor and property owner, and describe the character and location of the work, and authorize the same to be executed . All permits must have printed in large letters thereon the words "GOOD ONLY IF THE WORK BE COMMENCED WITHIN SEVEN WORKING DAYS AFTER DATE HEREOF, AND THEREAFTER CONTINUOUSLY PROSECUTED. FURTHER TIME WILL BE ALLOWED ONLY IF AN EXTENSION OF TIME BE ENDORSED HEREON BY THE DEVELOPMENT SERVICES ENGINEER." No work may be done under any permit except as so stated, but if the same is allowed to expire, the contractor must apply for and procure a new permit, before proceeding with any such work. The development services engineer will keep, or cause to be kept, a copy of each permit (Ord. of 6-7-35, § 2(j)) (Ord. 0-96-61, 7/17/96) (0-98-31, 4/15/98) (Ord. No. 0-2000-69, 9-20-2000).

If any contractor fails or refuses to conform to city ordinances, fails or refuses to obey development services engineer, or fails or refuses to comply with any provision of any contract made by such contractor consistent with such ordinances, or fails or refuses to provide any additional bond when so required by this chapter, the development services engineer may, by written notice, suspend the license of such contractor, cancel all unexecuted permits issued to the contractor, stop all such work being done by contractor, and withhold from contractor all further permits for such work until all incomplete or defective work or other objection shall be remedied. Such suspension shall be set aside by written notice from the development services engineer if contractor has remedied the problems. If such failure or refusal by the contractor is, in the opinion of the development services engineer, willful or persistent, the development services engineer may decline to set aside such suspension. (Ord. of 6-7-35, § 2(3)) (Ord. 0-96-61, 7/17/96) (0-98-31, 4/15/98) (Ord. No. 0-2000-69, 9-20-2000)

At all times and periods during which any work under this code is being performed and until such work is completed and accepted, the contractor must place and maintain all necessary and proper barriers and other safeguards, including watchmen, if necessary, upon and around the work for the prevention of accidents, and at night must place, maintain and keep suitable and sufficient lights.

The contractor must indemnify and save harmless the city from and against all actions and claims and against all costs, damages and expenses to which the city may be put by reason of any injury or alleged injury to any person or property, resulting or alleged to result from any act, negligence, carelessness or want of skill in connection with or in the conduct of any such work, or in guarding same, or from any improper methods, tools, implements or materials used in its prosecution, or by or on account of any alleged act or omission whatever of the contractor or agents, employees or servants, or of any assignee or subcontractor or agents, employees or servants. The contractor and bondspersons must make payment of all sums so recovered against the city in any suits on account of such alleged injuries, to which the city may be made a party, together with all such costs, damages and expenses as may be suffered by the city, all so as to save the city whole and harmless from all such actions or claims. (Ord. of 6/7/35, §2(d)) (Ord. No. 0-96-71, 7/17/96) (0-98-31, 4/15/98) (Ord. No. 0-2000-69, 9-20-2000)

All work in city streets and public places is hereby declared to be wholly subject to exclusive city control. Whenever in the development services engineer's opinion any such work has not been completed within a reasonable time, or has been executed in a defective manner, whether because of bad workmanship or materials, or because not true to the lines or grades or specifications therefore given by the development services engineer, then upon written notice from the development services engineer, the contractor must promptly remedy, complete or remove and reconstruct such incomplete or defective work as the development services engineer may require. these provisions also apply to all repair and maintenance work; and if the contractor fails or refuses so to do within a reasonable time specified by the development services engineer, then the city council may order such work to be completed or corrected or removed and wholly or partially reconstructed by the city or at its instance so as in the opinion of the development services engineer may be necessary to make same as good as originally required. The contractor must, on completion of such work and according to the certified bill of cost prepared by the development services engineer, pay to the city the cost of such work. The sureties on the contractor's bond will be liable for the cost of such work. However, if the city fails or refuses to cause such work to be corrected or completed as aforesaid, then the property owner may proceed in like manner, but without order of the city council, and contractor and sureties will be liable for and pay to the property owner the cost of such work as shown by a like certified bill. (Ord. of 6-7-35, § 2(f)) (Ord. 0-96-61, 7/17/96) (0-98-31, 4/15/98) (Ord. No. 0-2000-69, 9-20-2000).

The contractor shall construct all such work, and use such materials in the construction thereof, so that the same shall be and remain for and during a period of not less than two years from the date when the permit was issued by the city for the construction of such work, in good, sound, smooth and serviceable condition and free from all cracks, breaks, disintegration, undue wear, scaling or departures from true line or grade or other defects which might impair the permanence or usefulness of such work. However, such cracks as may appear in expansion joints, or cuts between blocks, shall not be deemed to be defects unless in the development services engineer’s opinion such cracks are excessive in opening or defection of surface; and in case any defects develop during such period which in the development services engineer’s opinion are due in any measure to defects of workmanship or material, the contractor shall remedy, repair or reconstruct such work, or any part thereof, as may be required by the development services engineer. Such work shall be known as maintenance or repair work and the sureties of contractor's bond will be fully liable for any defaults of contractor under these provisions. (Ord. of 6-7-35, § 2(h)) (Ord. 0-96-61, 7/17/96) (0-98-31, 4/15/98) (Ord. No. 0-2000-69, 9-20-2000)

   a.   The city council hereby determines and declares that properly maintained sidewalks are important to the public health, safety and welfare, and that sidewalk improvements are necessary, are in the public interest, and are important for the convenience of citizens and for the proper development of the city. The city council hereby declares that defective, unsafe, or hazardous sidewalks constitute a public nuisance, and are unlawful. The city’s participation in constructing, repairing, and/or maintaining sidewalks is hereby established in this code.

   b.   City sidewalk project initiations not involving assessments against abutting property. If the city council deems a project in the best interest of the public, or otherwise necessary to ensure public safety, and if the city intends to pay for the entire cost of the project, and if no assessments are to be made against property abutting the project, then the city may provide for construction, repair or maintenance of sidewalk improvements in accordance with city criteria.

   a.   If the city initiates a sidewalk improvement project that will involve assessments against abutting property, the city council shall conduct a public hearing pursuant to City Charter Sections 51 and 52 . If the city council deems a project in the best interest of the public, or otherwise necessary to ensure public safety, and after the notice and hearing requirements of City Charter Section 51 are met, the city may provide for construction, repair, or maintenance of sidewalk improvements in accordance with city criteria.

   c.   The city council reserves the right to refuse to participate in any project deemed to be impractical, uneconomical, or otherwise not in the city’s interest.

   a.   Upon written petition of 51 percent of the total number of involved property owners, the development services engineer, with the concurrence of the traffic engineer, will review the petition. If the development services engineer determines that the project would be beneficial to the public as a whole and would further the proper development of the city, the development services engineer will then make a written recommendation for approval to the city council. Upon receipt of a written recommendation for approval from the development services engineer, the city council will conduct a public hearing pursuant to City Charter Sections 51 and 52 . If the city council deems a project in the best interest of the public, or otherwise necessary to ensure public safety, and after the notice and hearing requirements of City Charter Section 51 are met, the city may provide for construction, repair, or maintenance of sidewalk improvements in accordance with city criteria.

   c.   The city council reserves the right to refuse to participate in any project deemed to be impractical, uneconomical, or otherwise not in the city’s interest.

An assessment under sections 10-251 and 10-252 creates a lien on the owners’ abutting property for the assessed cost. Within 30 days after the work is done, if the owner fails or refuses to pay such amount in full, the city will file with the Smith County Clerk a statement of the expenses incurred by the city. Such amount shall bear interest at the rate of eight percent per annum from the date the city incurs the expense. (Ord. No. 0-2000-69, 9/20/00)

Requests for a thoroughfare closure or a name change must be made by filing an application with the planning department on a city form. Such requests must be delivered to the department with the required fee at least 30 days prior to the public hearing by the planning and zoning commission. The request for name change must be joined and signed by all owners on the street.

The applicant must include with the application a non-refundable filing fee in an amount established by the city council and kept on file in the planning department. Such fee will be applied to the cost of processing applications.

   a.   Written notice of a hearing before the planning and zoning commission for a thoroughfare closure must be sent to all owners of real property within 200 feet of the requested thoroughfare closure, excluding all rights-of-way. Written notice of a public hearing before the planning commission on a name change must be sent to all property owners on the street that is subject to the name change.

   c.   Notice of a public hearing on a thoroughfare closure or name change before the city council must be given by publication in a newspaper having general circulation in the city not less than 15 days prior to the date of such hearing.

   a.   Commission

      The planning and zoning commission must hold at least one public hearing on all requests for thoroughfare closures and name changes. The commission must submit its recommendation to the council via the planning department. Requests denied by the commission may be appealed to the council, as herein provided. Failure to appeal within the time prescribed will render the action of the commission final.

   b.   City Council

      The council will hold at least one public hearing on all requests brought before it either by appeal or upon favorable recommendation by the planning and zoning commission. The council will hear only those requests for thoroughfare closures affirmatively recommended by the planning and zoning commission or appealed to it as herein provided. The action taken by the council will be final.

Coincident approval of a thoroughfare closure request, the applicant must provide for necessary easements, further the applicant must replat the abandoned right-of-way within six months.

Appeals from the recommendation of denial of a request for a thoroughfare closure or name change by the planning and zoning commission must be made by filing a written notice with the planning department not less than 10 days after denial by the commission.

When a request for a thoroughfare closure has (1) been denied by the planning and zoning commission and not appealed to the council, or (2) has been heard by the council and denied, similar requests will not be accepted by the planning department for a period of six months from the date of the submission of the original request, unless such application contains a statement of facts tending to show a substantial change of conditions in the area affected. In such cases, such application will be processed and placed before the commission who will not take any final action thereon until it makes an affirmative finding of changed conditions (Ord. No. 00-2000-89, 11/15/00)

The regulations of this division are intended to help ensure that the traffic and transportation impacts of proposed developments are identified, evaluated, and mitigated as necessary. The purpose of a transportation impact study is to assess the effects that development will have on traffic conditions, transit users, pedestrians, bicyclists, and neighborhood livability. 

   a.   A traffic impact study is required at the time of application for approval of any zoning map amendment (rezoning), special use permit or preliminary subdivision plat, final plat, building permit, or other similar site-specific development plan if:

      1.   the proposed development, or phases of development, or contiguous tracts under the same ownership, would accommodate or could be expected to generate 200 or more added vehicle trips to or from the site during the peak traffic hour (based on the proposed development or the adjacent roads and intersections); or

      2.   the proposed development, or phases of development, or contiguous tracts under the same ownership, would accommodate or could be expected to generate 2,000 or more added vehicle trips to or from the site during a 24-hour period (based on the proposed development or the adjacent roads and intersections).

   c.   The planning director may waive the requirement for a traffic impact study when the applicant shows that the proposed development’s impact on adjacent roads intersections, pedestrian, bicycle and transit facilities will be minimal and insignificant, or will be no greater than those projected by a traffic impact study prepared and submitted within the past two years for the same site under the same or similar background conditions. The planning director must document the reasons for any waiver.

   a.   The traffic impact study must demonstrate that the proposed development would not cause build-out-year, peak-hour levels of service on any arterial or collector road or intersection within the study area to fall below Level of Service (LOS) “D,” as defined by the latest edition of the highway capacity manual, or, where the existing level of service is already LOS “E” that the proposed development would not cause the LOS to fall to LOS F.

   d.   The traffic impact study must also address on-street parking impacts; the availability of transit service and facilities and connections to transit; impacts on immediate and adjacent neighborhoods; and the convenience and safety effects on all modes of transportation.

The traffic impact study must address the proposed development’s traffic impacts on at least:

   a.   Roads, sidewalks, bicycle routes, transit facilities and intersections within the development site, as designated by planning and development department staff;

   c.   off-site road segments and intersections where traffic from the proposed development is expected to account for at least 10% of the road’s or intersection approach leg’s average daily traffic.

Traffic impact studies must be prepared by a licensed professional engineer.

Traffic impact studies must include charts, graphics, and narrative presenting at least the following information:

   a.   A description of existing land uses and development intensities in the study area, the location and characteristics of roads, sidewalks, bicycle routes, transit facilities and intersections in the study area, and the existing traffic volumes and conditions (including levels of service) of those facilities;

   e.   Studies of the proposed development’s incremental impacts on:

      1.   road capacity during peak hours at all site access points and at road segments and intersections in the study area (including determination of the level of service for the road segments and intersections, queuing versus existing/proposed storage);

      2.   the need for signalization of intersections in the study area;

      3.   pedestrian, bicycle and transit-user safety and convenience; and

      4.   existing or potential high accident areas (as referenced in the adopted transportation plan or determined by planning and development department staff);

   i.   Identification of all assumptions and data sources used in its projections, studies, and recommendations.