Chapter 10.12
DRIVEWAY CONSTRUCTION AND SUBSECTIONS
Sections:
10.12.010 Permits required.
A. No person, firm or corporation shall hereafter construct, reconstruct, build, establish or maintain any driveway over, across or upon any portion of the public sidewalk or public right-of-way without first having obtained a written permit to do so from the Public Works Director. No such permit shall be issued for construction or establishment of any such driveway except in accordance with the provisions herein contained. No permit shall grant the permittee exclusive rights to use the area encroached upon.
B. Application for permit must be made in writing upon forms furnished by the City. Said application shall contain the name and address of the person, firm or corporation making the application, the name of the contractor or person who is to construct said driveways and the proposed location and dimensions of such driveways.
C. Driveway permit fees shall be established in accordance with the published City of Houston Fee Schedule and HMC 4.01.050, are nonrefundable, and shall be paid at the time of application for the permit. Such fees obligate the City for the pre-inspection.
1. Work will be completed by the first of October. In the winter months an extension may be requested. In the event the driveway construction fails to meet the specified standards, an additional fee shall be established in accordance with the published City of Houston Fee Schedule and HMC 4.01.050 and will be required for each subsequent inspection.
2. A fine of $300.00, as provided in HMC 1.16.030, shall be imposed on any property owner whose driveway is found to have been established without a permit; the property owner may also be subject to subsection (D) of this section. Each day constitutes a new violation.
D. Driveways hereafter constructed without a permit upon public rights-of-way will be considered as unauthorized encroachments and subject to removal under HMC 10.14.090.
E. Applicants for driveway permits agree to perform all work in accordance with this chapter, conditions specified on the permit, and any conditions made contingent for approval of the land use permit; and shall indemnify and save harmless the City of Houston, its officers and employees from all liability, judgment, costs, expenses and claims growing out of damages, or alleged damages, of any nature whatsoever, to any person or property arising out of performance or nonperformance of said work or the existence of said driveways.
F. The issuance of a driveway permit by the City of Houston waives none of the powers or rights of the City to direct the removal, relocation, and/or proper maintenance of any driveway within the right-of-way of the City street or road. Any permits granted will be construed as regulatory and not contractual. Such permits are revocable by the City of Houston whenever the use and presence of a driveway or approach unduly interferes with the required use of that portion of the right-of-way occupied by the driveway or constitutes a hazard to traffic. (Ord. 09-23 § 4, 2009; Ord. 12-18 § 4, 2012)
10.12.020 Specifications.
A. During winter period when excavation in rights-of-way is prohibited, permits will allow construction of temporary driveways. When excavation restrictions are lifted in the spring, temporary driveways shall be upgraded in accordance with the permanent driveway standards contained herein.
B. Residential or dwelling house lots will not have more than two driveways per 100 feet of frontage. Driveways will not be constructed closer than 40 feet from the tangent point of the radius return to any intersections. Driveways to corner lots shall gain access from the street of lower classification when a corner lot is bounded by streets of two different classifications. Driveways shall intersect public rights-of-way at a 90-degree angle.
C. The width of a driveway’s finish surface for residential or dwelling house lots shall be a minimum of 12 feet with a six-foot radius which equals 24 feet total and a maximum of 16 feet. The width of driveways for commercial buildings shall be a minimum of 18 feet and a maximum of 30 feet. The intersection of the driveway and public road shall be constructed with minimum fillet radii of 15 feet.
D. Driveways shall be constructed so that runoff is directed to the ditch line and not onto the road surface and shall not exceed four percent grade within 50 feet of the road shoulder. Culverts shall be installed when required by the Director of Public Works. Culverts shall extend a minimum of two feet beyond both edges of the toe of the slope of the driveway where it crosses the ditch. All culverts shall be corrugated metal pipe or other materials authorized by the Director of Public Works, and shall have a minimum diameter of 15 inches for residential uses. The permittee shall be responsible for maintenance of the culvert to ensure proper drainage. In areas of major drainage, a steam thaw pipe shall be required to be inserted into the culvert in which case the City Inspector will note that specification on the permit application.
E. Driveways within City rights-of-way shall be constructed of well-graded, non-frost-susceptible gravel with 100 percent passing a six-inch sieve and less than six percent passing a No. 200 sieve. Bedding material within six inches of a culvert shall have 100 percent passing a three-inch sieve. Any driveways connecting to a street surfaced with crushed rock, asphalt or other surfacing material shall be surfaced with the same material at least six feet from the centerline of the ditch, and the City shall require that the applicant provide a means of accommodating the additional drainage.
F. With the exception of temporary driveways, all work shall be completed within 30 days of date of initial inspection or permit is void. Temporary driveways shall be upgraded to permanent standards within 30 days of lifting of winter excavation restrictions or permit is void.
G. Initial and final inspections shall be scheduled during normal working hours, a minimum of 48 hours in advance. It is the responsibility of the applicant to notify the Public Works Department that construction is complete and ready for final inspection.
H. The following standards apply to construction of driveways that are intended to serve commercial or industrial establishments:
1. The standards call for not more than two driveways for any one property. Additional driveways will not be approved unless there is shown to an absolute necessity for them.
2. Entrances onto public thoroughfares from major commercial and industrial establishments require a roadway illumination review by the City. The applicant will be required to provide a roadway lighting if the City determines that lighting is necessary for the safe and efficient use of the driveway. The City, using the latest guidelines established by the American Association of State Highway and Transportation Officials and the Alaska Department of Transportation and Public Facilities, will specify the type, number and location of luminaries to be installed. Unless otherwise specified in the permit, the lighting materials and installation shall conform with Section 660, Signals and Lighting, of the Alaska Standard Specifications for Highway Standard Details L-03.00, L-10.00, L-14.00, L-20.00, L-23.00, and L-30.00.
3. Markers, signs, curbs, or other types of barricades shall be installed on the property to clearly delineate and define driveway entrances and exits and to prevent egress and ingress from the right-of-way onto the property at points other than the approved driveway location. All driveways leading to duplexes or larger buildings shall be marked with reflective delineators. Reflectors shall be installed perpendicular to the public road.
4. Driveways for business enterprises that serve vehicles, or provide services or entertainment to customers while in vehicles, shall not be constructed so as to cause traffic congestion within the public right-of-way. The driveway beyond the right-of-way must be of sufficient length and width to accommodate the vehicles as determined by the Planning Commission or designated City representative. (Ord. 09-23 § 4, 2009)
10.12.030 Excavated material.
All materials other than gravel excavated in the construction of driveways or building projects and deposited on public rights-of-way shall be removed. The dumping of frost-susceptible material, stumps, etc., on public rights-of-way, will be considered as unauthorized encroachment and subject to removal under HMC 10.14.090. (Ord. 09-23 § 4, 2009)
10.12.040 Reconstruction.
The City reserves the right to upgrade to City standards the portion of any existing driveway that is on or over the public right-of-way. Once upgraded to City specifications, the maintenance of the driveway becomes the responsibility of the property owner in accordance with the provisions of this chapter. (Ord. 09-23 § 4, 2009)
10.12.050 Maintenance.
All driveways constructed or reconstructed over, across, or upon any public street or right-of-way in the City shall be kept and maintained at all times in accordance with the provisions hereof by the owners and/or users of said driveways. The only exception being that in those cases where the City requires installation of thaw pipes, the actual cost of thawing operations will be borne by the City. (Ord. 09-23 § 4, 2009)