ORD CC 1972-09 - New Code Chapter - Streets ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
HUNTSVILLE, TEXAS , BY ADDING A NEW CHAPTER TO BE NUMBERED
CHAPTER q a � , PROVIDING FOR CERTAIN REQUIREMENTS FOR STREET
PARKING AREAS; PROVIDING FOR REVIEW BY THE CITY ENGINEER;
PROVIDING FOR BUILDING PERMITS TO INCLUDE ACCESS PERMITS;
PROVIDING FOR DEFINITIONS ; PROVIDING FOR AUTHORITY OF THE
CITY ENGINEER; PROVIDING FOR ACCESS REGULATIONS AND REQUIRE-
MENTS; PROVIDING FOR STREET INTERSECTION SIGHT DISTANCES ;
PROVIDING FOR EXEMPTIONS ; PROVIDING A PENALTY; PROVIDING
A SAVINGS CLAUSE; PROVIDING FOR REPEAL OF OTHER ORDINANCES
IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED
CHAPTER jZ_j WHICH SAID ORDINANCE SHALL READ AS FOLLOWS:
SECTION 1.
This Ordinance shall be known as the "City of Hunts-
ville Curb and Driveway Ordinance" .
SECTION 2 . Definitions ,
(a) For the purpose of construction and enforce-
ment of this Ordinance certain abbreviations , terms , phrases
and their derivatives shall be construed as set out in this
Ordinance unless the context indicates otherwise.
(b) when a public official is referred to by only
the title of his office such reference shall be construed as if
followed by the words "of the City of Huntsville or his authorized
deputy" unless the context indicates otherwise.
(c) These words when used in this Ordinance are de-
fined as follows :
ANGLE PARKING - Parking where the longitudinal axis
of vehicles forms an angle with the alignment of the roadway.
COMMERCIAL DRIVEWAY APPROACH - A driveway approach
arranged or designed to provide access for motor vehicles from
the roadway to premises used for other than residential use.
CROSSWALK - (1) That part of a roadway at an inter-
section included within the connections of the lateral lines
of the sidewalks on opposite sides of the street measured from
tha curbs , or in the absence of curbs , from the edges of t'a
t.-ansversable roadway. (2) Any position of a roadway at an
intersection or elsewhere distinctly indicated for pedestrian
crossing by lines or other markings on the surfaces .
CURB - A vertical or sloping member along the e6�' e of
a pavement forming part of a gutter, strengthening or protecting
t:.a pavement edge and clearly defining the pavement edge to
vehicle operators. The surface of the curb facing the general
direction of the pavement is called the "face" .
DRIVEWAY APPROACH - An area, construction or facil_ �y
between the roadway of a public street and private property
intended to provide access for vehicles from the roadway of
a public street to private property.
GUTTER - The artifically surfaced and generally
shallow waterway provided at the side of the street adjacent
j to, or part of, the curb for the drainage of surface water.
• INTERSECTION - The area embraced within the pro-
! _ longation or connection of the edges of the roadway of two
or more streets which join at an angle whether or not one
such street crosses the other.
OFF-STREET PARKING - A type of parking wherein the
' maneuvering of the vehicle while parking and unparking, as
well as the actual parking itself, is done entirely on private
property and where access to the parking area is by means of
standard driveway approaches. ,
PARALLEL PARKING - The lonaitudinal axis of the
vehicle will be parallel with the roadway.
PARKWAY - That portion of or dedicated street
extending from the curb, or normal location.
PERSON - An individual, firm, partnership, association
j or corporation,
ROADWAY - That portion of a highway, street or road
that is improved, designed, or ordinarily used for vehicular
travel.
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� ., SIDEWALK - That portion of a street between the curb
j lines of the lateral lines of a roadway and the adjacent pro-
perty lines which is intended for this use.
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STREET - A general term denoting a public way for
purposes of vehicular travel, including the entire area within
the right-of-way. This term shall also be used in urban areas
to denote a highway or street and in rural areas shall denote
a highway or road.
TRAFFIC ISLAND - An island, with a barrier edge to
exclude vehicles, designed for the purpose of separating or
directing streams of vehicular traffic.
SECTION 3. Building Permit to Include. Access Permit.
When a building permit is issued and access to a public
street is involved, the access shall conform to the requirements
of this Ordinance, but a separate access permit is not required
when a building permit is taken.
SECTION 4 . Review by City Engineer.
Prior to the issuance of an access permit to public
property, the site plan for all off-street parking areas, including
ingress and egress to said parking areas for more than four vehicles
shall be reviewed by the City Engineer for compliance with this
Ordinance and for its conformance with the major thoroughfare plan
of the City of Huntsville.
SECTION 5. Administration.
The provision of this Ordinance shall be administered
and enforced by the City Engineer or his representative.
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SECTION 6 , Authority of the City Engineer
(a) The City Engineer shall have the power to control
and regulate improvements and facilities placed upon public
property and the power to cause to be removed all obstructions
and encroachments not in conformance with a valid permit and
} the requirements herein.
(b) The City Engineer shall have the power to inspect
or re-inspect surfacing, laying of surfacing materials and issue
notices or affix them to premises or to reject surfacing materials
not meetina the City standards , and shall have such other powers
as are provided by this Ordinance.
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SECTION 7 . Permits .
To obtain a permit as required by this Ordinance, the
contractor or his authorized representative shall file with the
City Engineer application in writing therefor on a form to be
i furnished for that purpose. Each application for a permit shall
describe the abutting property adjacent to which the proposed
'E work on public property is to be done, either by lot, block
or tract and house number, location on the street or similar
description that will readily identify and defintely locate
I the site of the propose work.
SECTION 8 . Fees.
The fee payable for each access permit when not issued
as a part of a building permit as required in this Ordinance,
shall be One ($1.00) Dollar.
SECTION 9 . Plans Required.
Three (3) copies of a lot or plot showing the proposed
location and the area within fifty (501 ) feet of each side of it
shall be submitted to the City Engineer. Said plans shall be
submitted at least 48 hours prior to contemplated construction
to allow time for review and approval.
SECTION 10 . Use of Parkway on Arterials and collector streets.
That portion of a dedicated street extending from the
curb, or normal location of the curb back to the property line and
hereafter referred to as the parkway, shall be reserved for
utility easement, placement of side-walks and further widening
of the existing roadway. Indiscriminate parking within parkway
is prohibited. Vehicles may use a portion of the parkway for
maneuvering or parking only if it does not conflict with sight
distance requirements and if the following conditions exist :
(a) That a sidewalk if used as a tire stop shall have
a minimum width of six feet from the face of the curb of the parking
area for pedestrian use. This sidewalk shall be located one (1' )
foot from the right-of-way line within the parkway, unless
specified otherwise by the City Engineer.
(b) That the sidewalk shall extend the entire distance
across the lot front except at authorized curb openings for ingress
and egress.
(c) That in any case there shall be at least six (61 )
feet of clear space between the established curb or edge of pave-
ment of the city street and the tire stop on the edge of the
parking area.
(d) That the width and location of driveway or access
opening to said private parking area shall meet the approval of the
City Engineer and be in accord with the requirements of this
Ordinance.
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(e) Upon widening of any street or similar occasion
when such parkway area is necessary in the public interest, such
parking, or maneuvering activity may be terminated or reoriented
by the City Engineer.
(f) Where any use of the public parkway is made under
this Section, the adjoining property owner, shall agree to main-
tain the parkway in good, workmanlike and safe condition at all
times . Further, the owner shall hold harmless the City from
any and all liability which may arise directly or indirectly
from the use of the portion of the public parkway. The mainte-
nance and hold-harmless provisions , herein, shall be conditions
running with the land and all persons having any interest in the
adjoining property shall be liable under this Section whether he
executed an agreement on the same or not. The use of the parkway
shall be sufficient to make such owners or persons with interest,
liable hereunder.
SECTION 11. Parking Prohibited in Certain Alleys.
The City Engineer is authorized to erect signs indicating
no parking upon one side of any alley where parking is so freguent
as to prevent movement of vehicles through the alley. The City
Engineer is authorized to erect signs indicating no parking upon '
both sides of any alley in locations where necessary to permit
vehicular access to abutting property. When official signs
prohibiting parking are erected upon alleys as authorized herein,
no person shall park a vehicle upon any such alley in violation
of any such sign.
SECTION 12. No Stopping, Standing or Parking Near Certain
Intersections .
The City Engineer is authorized to determine and desig-
nate by proper signs , places near major intersections not ex-
ceeding four hundred feet in length in which the prohibition
of stopping, standing or parking would permit the use of an
additional lane for moving vehicular traffic when, on the basis
of an engineering and traffic investigation it is determined
that the additional lane is necessary or desirable for the safe
and expeditious movement of vehicular traffic.
SECTION 13 . Designation, Establishment and Abolishment of
Loading Zones .
The City Engineer may recommend, to the City Commission
that loading zones be established when it is deemed in the public
interest and that same be abolished when no longer needed or
illegally used.
SECTION 14 . Standing or Stopping in Curb Loading Zone.
No person shall stop, stand, or park a vehicle for any
purpose or length of time other than for the expeditious unloading
and Oelivery or picking up and loading of material or persons in
any place marked as a loading zone during the hours when the
provisions applicable to such zones are in effect. in no case
shall the stop for loading and unloading of materials exceed
thirty minutes. The driver of a passenger vehicle may stop
temporarily at a place marked as a curb loading zone for the pur-
pose of and while actually engaged in loading or unloading passengers.
SECTION 15. Where Standard Street Curbs and Sidewalks Exist.
(a) When a building permit for a new building is
applied for and curbing is in place , the provisions of this
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Ordinance shall apply.
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(b) When a permit for a new or an additional driveway
approach is applied for, compliance with the provisions of this
Ordinance shall be part of the condition of granting the permit.
(c) Premises used as motor vehicle service stations
or parking lots shall have a six (6") inch raised curb or other
approved traffic barrier along the property line of the entire
street frontage except at the driveway approaches and access
walks.
SECTION 16 . Specifications .
j Sidewalks, cross walk-ways, drive approaches and curb
or combination of curb and gutters :
{ All sidewalks, cross walk-ways, drive approaches and
curb or combination of curb and gutters shall comply with the
specifications and design standards of the City of Huntsville,
and standards for Subdivision Construction also of the City
of Huntsville, Texas.
SECTION 17. Methods
(a) Foundation:
Foundations or subgrades for all work shall be set at the
grades determined by the City Engineer. Inspection of such
foundation or subgrade shall be made and approved by the City
Engineer before curbs and driveway approaches are placed thereon,
and work performed will be in accordance with the standards
governing subdivision construction for the City of Huntsville,
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Texas.
(b) Rejection:
All materials or combination of materials may be rejected,
either before or after incorporation into the work, for failure
to meet the specifications as outlined in the Rules , Regulations ,
and Standards for Subdivision Construction in the City of Huntsville.
(c) Plans :
All construction shall be according to the plans as approved
by the City Engineer. y
SECTION 18 . Access to Premises.
Walks , drives , curbs , gutters , pavements and appurtenances
on public property and other facilities to provide access to
premises shall be constructed, provided or repaired in accordance
with the following standards :
(a) Residential Driveway Approaches :
Residential driveway approaches shall comply with the
following standards :
(1) Width of Driveway Approach:
Residential driveway approaches shall not be less than
twelve (12 ' ) feet nor more than thirty (30 ' ) feet in width measured
at the curb lines.
(2) Location for Approach:
Driveway approaches shall be located entirely within
the frontage of the premises abutting the work but no driveway
approach shall be located less than one (1) foot from either side
of the property line.
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(3) Sidewalk to be removed:
Where the residential driveway approach is designed to
cross an existing sidewalk, the sidewalk included in the driveway
approach area shall be removed and reconstructed as a driveway
approach. If material other than concrete is used, then the side-
walk shall be replaced. The City Engineer may permit sidewalk
to remain, provided it is to correct line and grade and good
condition.
(4) Radius :
Residential driveway approaches shall be constructed
with the return curbs having a roll face disappearing at the
sidewalk and joining the street curb with a two (29 feet mini-
mum radius.
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(5) Driveway Approach Grade :
In order to provide proper clearance for bumper guards
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and exhaust pipes driveway approach grades shall not exceed 12
per cent on residential driveways.
(6) Specifications :
Specifications for driveway approaches shall be equal
to or exceed the specifications for the existina street and to be
in accordance with the Rules , Regulations and Standards for
Subdivision construction in the City of Huntsville , Texas.
(b) Commercial Driveway Approaches :
Walks, drives , curbs , gutters, pavements , and appur-
tenances on public property and other facilities to provide
access to premises used for other than residential purposes shall
be constructed, reconstructed, or repaired in accordance with the
following standards and requirements :
(1) Width of Drive Approach:
The width of any commercial driveway approach, other than
to a motor vehicle service station , shall be not less than twenty
(20 ' ) feet not more than forty (40 ' ) feet measured along the curb
lines.
(2) Maximum space to be occupied by driveway approaches :
Driveway approaches shall not occupy more than seventy
per cent of the frontage abutting the roadway of the tract of
ground devoted to one use which abutts the roadway.
(3) Number of Driveway Approaches allowed:
Not more than one driveway approach shall be permitted on
any parcel of property with a frontage of less than eighty (80 ' )
feet and not more than two approaches on property with a frontage
of ninety to 150 feet.
(4) Separation Between Driveway Approaches :
When more than one driveway approach is required to serve
a parcel of property, a traffic island shall separate the driveway
approaches. The width of the traffic island at the curb line shall
be a minimum of twelve (12 ' ) feet. Where the grade at the pro-
perty line is the same as the sidewalk , a six-inch raised curb
shall be constructed at the back of the traffic island along the
property line. The raised curb shall be constructed so as to
end eighteen (18") inches from the intersection of the driveway
approach with the property line.
(5) Provisions for Joint Approaches :
Driveway approaches shall be located entirely within the
frontage of the premises abutting the work and shall be located
not less than one ( 1 ) foot from each side of the property lines,
except that joint driveway approaches with adjoining property
holders may be permitted provided joint application is made by
all interested parties , and the width set out in Paragraph (1)
in this Section is not exceeded.
(6) Angle of Driveway Approach:
The angle of the driveway approach with the curb line
shall not be less than forty-five (450) degrees .
(7) Radius :
Commercial driveway approaches shall be constructed with
the return curbs having a roll face disappearing at the sidewalk
and joining the street curb with a two (2 ' ) foot minimum radius.
(8) Sidewalk to be Removed:
Where a commercial driveway approach is to be built,
the sidewalk shall be removed and the entire area replaced as
a driveway. If material other than concrete is used, then the
sidewalk shall be replaced. The driveway approach shall extend to
the back side of the existing or future sidewalk.
(4) Curb and Gutter to be Removed:
When a driveway approach is to be constructed at a lo-
cation where there exists a curb and/or gutter, said curb and
gutter shall be removed one foot beyond the radius point of the
driveway approach at the street curb line. A neat line cut shall
be made for joining the new curb and apron of the driveway approach
to the existing curb and gutter.
(14) Driveway Approach Grades :
In order to provide proper clearance for bumper guards
and exhaust pipes driveway approach grades shall not exceed 14
per cent on commercial driveways.
(11) Driveway Approaches at Intersections :
Where right-of-way permits, driveway approaches nearest
an intersection of two streets shall meet the following minimum
requirements :
The corner rounding shall have curbs constructed with a
minimum radius of fifteen (15 ' ) feet continuously between the
points of tangency of the curb lines of both streets. A five
(5' ) foot tangent section is required before the first driveway
may start from the point of tangency of the curb lines and corner
radius and be cut in with a five (5 ' ) foot minimum radius.
(12) Driveway Approaches at Pedestrian Crossings :
Driveway approaches shall not be located so as to inter-
fer with pedestrian crosswalks .
(13) Driveway Approaches at Obstructions :
Driveways shall be kept a minimum of three (3 ' ) feet
away from obstructions such as street light poles , fire hydrants,
traffic signal standards , utility poles , etc.
(14) Driveway Approach Not to be obstructed :
Driveway approaches shall not be constructed or designed
for use for the standing or parking of vehicles or for use as
angle parking.
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(15) When Culverts shall be installed:
Where side ditches exist, pipe of a size and material,
.as specified by the City Engineer shall 'be installed
underneath the driveway approach slab. The Engineer shall set
the grade for the pipe but shall not be responsible for the
furnishing of the pipe.
(16) Specifications :
Specifications for driveway approaches shall be equal
to or exceed the specifications for the existing street and be
in accordance with the Rules , Regulations and Standards for
Subdivision Construction in the City of Huntsville, Texas.
SECTION 19 . Abandoned Driveway Approaches :
Whenever the use of any driveway approach is abandoned
and not used for ingress and egress to the property abutting, it
shall be the duty of the property owner of such abutting property
to restore the curb according to the specifications as outlined
in the Rules , Regulations and Standards for Subdivision Construction
in the City of Huntsville.
SECTION 24 . Establishment of Sight Triangular Area.
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A sight triangular area at all corners shall be es-
tablished by measurements along intersecting street center lines,
and within the sight triangular area and within the set back
area along the street between corners ; it shall be unlawful to
install , to set ou` , or maintain, or to allow the installation,
natural growth, or other obstructions to the view, higher than
three (3 ' ) . feet above the level of the center of the adjacent
intersection . This shall not apply retroactively to permanent
structures; public utility poles; ' trees trimmed (to the trunk)
to a line at least six (61 ) feet above the level of the inter-
section; supporting members of appurtenances to existing struc-
tures ; official warning signs or signals ; or places where the
contour of the ground is such that there can be no crossvisi-
bility at the intersection. The triangular area shall be deter-
mined by measuring along the center lines of intersecting streets
from the point of intersection of the same according to the
sight distance formula herein, thus providing for a sight tri-
angle across the corner lots. Furthermore, it shall be unlawful
to park any vehicles within this triangular area either on the
right-of-way or on private property.
(a) Sight tkiangu'lar area is equal to 1/2 AxB where
A is the distance from the center of the street intersection
back along the centerline of a designated street to the driver
dine of sight as defined in (b) of the Section and B is the
distance from the same street intersection, along the centerline
of the intersecting street to the driver line of sight as defined
in (b) of this Section.
(b) SEE NEXT PAnE .
(c) SEE NEXT PAGE.
(d) If a sight triangular area as described in (a)
of this Section is required for adequate safety and public�pro-
tection it may be obtained by the City of Huntsville. If the
sight triangular area cannot be established when justified,
traffic control or warning devices shall be installed.
SECTION 21. Alternate Materials and Methods .
When specifically authorized by the City Engineer, ma-
terials and construction which have been so approved as an alternate
may be used and installed in accordance with the terms of approval.
(b) DRIVER LINE OF SIGHT:
SIGHT 1RlANGLE (1) Four-wav stop condition with
`, ARE out sidewalks e distance fran
center of intersection to the ro-
a 4 jected outer edge of the inter-
secting roadway plus twelve (121)
feet.
N (2) Four-way stop condition with side-
7a The distance fran center
of intersection to the projected
EXAMPLE outer edge of the intersecting side- ;<
wry STOP wrro oa W'T"ur S{PCiVA J, walk plus twelve (121) feet. If
sidewalks exist on only one street,
the distance for the line of sight
rr will be determined by the existing
• I � I /•:• ` conditions.
e (3) Local street enterin ma'or thorou h �,
fare or throe h street. Same as 1
TgIR✓rCLG F m r` 2 of
Section (b) .
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(4) Major thoroughfare or
through street
at intersection of local street.
�•���; I Tne distance fran center of intersec
H tion back along centerline of
thoroughfare the stopping distance
for designated operating speed of
the thoroughfare.
M0.JOK Tt+OiZ�uulirfiC- pr �oGo�
srpe'ffr"/NTCRS�cT�av
(c) Stopping distances at various speeds
Speed Stoppin Distance
30 m. p, h, 200 feet
35 m. p, h, 250 feet
40 m. p. h. 300 feet
45 m. p. h. 375 feet
50 m. p, h. 450 feet
55 m. p, h. 525 feet
60 M. P. h. 600 feet
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SECTION 22 . Exemptions .
It is recognized that in certain cases a special exem-
ption or variance from the regulations of this Ordinance may
need to be granted. In cases where the possibility of undue
hardship would result in compliance with this Ordinance , a re-
quest may be made for review by the Planning Commission for
their recommendation to the City Council for variance.
SECTION 23 . Penalty.
Any person violating any provision of this Chapter shall
be guilty of a misdemeanor and , if convicted, shall be fined not
less than five ($5 . 00) Dollars nor more than one hundred ($100.00)
dollars . This penalty shall be in addition to and cumulative of
the primary liability for any loss or damage resulting from de-
fective and unsafe condition of sidewalks , or curbs imposed by this
Chapter upon the abutting property owner of said defective and
unsafe sidewalks , curbs , gutters or driveways.
SECTION 24 . Shall any section or provision of this Ordinance
or of the Code adopted hereby be held unconstitutional , such
holding as to a particular section or provision shall not affect
or invalidate other sections or provisions thereof.
SECTION 25 . Any ordinances or parts of ordinances in con-
flict with the provisions of this ordinance and the Code adopted
herein are hereby repealed.
SECTION 26 . This ordinance shall take effect from and after
the date of its publication in the official publication of the
City of Huntsville, Texas , which publication shall be sufficient
if it contains the title of this ordinance and states a penalty
provided therein for violation thereof.
PASSED THIS DAY OF , A.D. , 1972.
MORRIS I. WALLER, Mayor
ATTEST:
Weldon Coleman, City Secretary
APPROVED AS TO FORM:
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MARTIN D. COLLEY, City Att ngy v t