HomeMy WebLinkAbout2001-2530 - Ordinance - 11/15/2001ORDINANCE NO. 2530
AN ORDINANCE AMENDING CHAPTER 3, "BUILDING REGULATIONS", OF THE
CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY
AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A
SEVERABILITY CLAUSE; DECLARING A PENALTY; AND AN PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1:
That Chapter 3, "Building Regulations", of the Code of Ordinances of the
City of College Station, Texas, be amended as set out in Exhibit "A",
attached hereto and made a part of this ordinance for all purposes.
PART 2:
That if any provisions of any section of this ordinance shall be held to be
void or unconstitutional, such holding shall in no way effect the validity of
the remaining provisions or sections of this ordinance, which shall remain
in full force and effect.
PART 3:
That any person, firm, or corporation violating any of the provisions of
this chapter shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be punishable by a fine of not less than Twenty-five Dollars
($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day
such violation shall continue or be permitted to continue, shall be deemed
a separate offense. Said Ordinance becomes effective on 1 January 2002.
PASSED, ADOPTED and APPROVED this 1st. day of November, 2001.
ATTEST:
APPROVED:
LYNN I~cILHA'NEY, Mayor
APPROVED:
City Attorney
EXHIBIT "A"
That Chapter 3, "Building Regulations", of the Code of Ordinances of the City of College
Station, Texas, is hereby amended as set out hereafter to read as follows:
CHAPTER 3
BUILDING REGULATIONS
SECTION 1: STANDARD ADMINISTRATIVE CODE
CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS
1. Appointment
There is hereby established a Board to be called the Construction Board of
Adjustments and Appeals, which shall consist of seven members and two alter-
nates. The Board shall be appointed by the governing body of the City.
Membership and Term of Appointment
(a)
Membership. The Construction Board of Adjustments and Appeals
shall consist of seven members. The Board shall be composed of indi-
viduals with knowledge and experience in the Technical Codes, such as
design professionals, contractors or building industry representatives. In
addition to the regular members, there should be two (2) alternate
members, one member at large from the building industry and one
member at large from the public. A Board member shall not act in a case
in which he has any conflict of interest.
(b)
Terms. Three (3) members of the Board and the Chairman shall initially
be appointed to serve a two-year term. The remaining three members of
the Board shall initially be appointed to serve a one-year term. Subse-
quent appointments to the Board shall be for two-year terms, in order to
stagger the terms of office of the Board Members so that only a portion of
the Board is appointed or replaced in any 12-month period. The two
alternates, if appointed, shall serve one-year terms. Vacancies shall be
filled for an unexpired term. Continued absence of any member from re-
quired meetings of the Board shall, at the discretion of the governing
body of the City, render any such member subject to immediate removal
from office.
(c)
Quorum and Voting. A simple majority of the Board shall constitute a
quorum. In varying any provision of this Code or the Technical Codes,
the affirmative votes of the majority present, but not less than four (4)
affirmative votes shall be required. In modifying a decision of the Building
Official, not less than four (4) affirmative votes, but not less than a
majority of the Board, shall be required. In the event that regular
(d)
members are unable to attend a meeting, the alternate members shall
vote.
Secretary of Board. The Building Official shall appoint a Secretary to
record minutes of the meetings of the Board and to make a detailed
record of all of its proceedings, which shall set forth the reasons for its
decision, the vote of each member, the absence of a member and any
failure of a member to vote.
Powem
The Construction Board of Adjustments and Appeals shall have the power, as
further defined in this chapter, to hear appeals of decisions and interpretations of
the Building Official and to consider variances to the terms of the Technical
Codes.
Appeals
(a) Decision of the Buildin,q Official. The owner of a building, structure or
service system, or his duly authorized agent, may appeal a decision of
the Building Official to the Construction Board of Adjustments and
Appeals whenever any one of the following conditions are claimed to
exist:
(i) The Building Official rejected or refused to approve the mode or
manner of construction proposed to be followed or materials to
be used in the installation or alteration of a building, structure or
service system.
(ii) The provisions of this Code or the Technical Codes do not apply
to this specific case.
(iii) An equally good or more desirable form of installation can be
employed in any specific case.
(iv) The true intent and meaning of this Code or the Technical Codes
or any of the regulations thereunder, have been misconstrued or
incorrectly interpreted.
(b) Variances. The Construction Board of Adjustments and Appeals, when
so appealed to and after a hearing, may vary the application of any
provision of this Code or the Technical Codes to any particular case
when, in its opinion, the enforcement thereof would do manifest injustice
and would be contrary to the spirit and purpose of this Code or the
Technical Codes or the public interest, and also finds all of the following:
(i) That special conditions and circumstances exist that are peculiar
to the building, structure or service system involved and that are
not applicable to others.
(ii) That the special conditions and circumstances do not result from
the action or inaction of the applicant.
(iii) That granting the variance requested will not confer on the appli-
cant any special privilege that is denied by this Code or the
Technical Codes to other buildings, structures or service system.
(iv) That the variance granted is the minimum variance that will make
possible the reasonable use of the building, structure or service
system.
(v) That the grant of the variance will be in harmony with the general
intent and purpose of this Code or the Technical Codes and will
not be detrimental to the public health, safety and general
welfare.
In granting the variance, the Board may prescribe a reasonable time limit
within which the action for which the variance is required shall be
commenced or completed or both., In addition, the Board may prescribe
appropriate conditions and safeguards in conformity with this Code or the
Technical Codes. Violation of the conditions of a variance shall be
deemed a violation of this Code.
(c)
Notice of Appeal. Notice of appeal shall be in writing and filed within
thirty (30) calendar days after the decision is rendered by the Building
Official. The notice of appeal shall be in a form acceptable to the Build-
ing Official
Procedures Of The Board
(a)
(b)
Rules and Requlations. The Board shall establish rules and regulations
for its own procedure not inconsistent with the provisions of this Code or
the Technical Codes. The Board shall meet on call of the Chairman.
The Board shall meet within thirty (30) calendar days after notice of
appeal has been received.
Decisions. The Construction Board of Adjustments and Appeals shall, in
every case, reach a decision without unreasonable or unnecessary delay.
Each decision of the Board shall also include the reasons for the
decision. If a decision of the Board reverses or modifies a refusal, order,
or disallowance of the Building Official or varies the application of any
provision of this Code, the Building Official shall immediately take action
in accordance with such decision. Every decision shall be promptly filed
in writing in the office of the Building Official and shall be open to public
inspection as required by State law. An official copy of the decision shall
be sent by certified mail or by hand delivery to the applicant and a copy
shall be kept publicly posted in the office of the Building Official for two
weeks after filing. Every decision of the Board shall be final, subject
however to such remedy as any aggrieved party might have at law or in
equity.
BUILDING AND STANDARDS COMMISSION
Creation of the Buildin,q and Standards Commission
There shall be appointed by the City Council a building and standards
commission to hear and determine cases concerning violations of the building
code.
(a)
(b)
(c)
Commission Members. The commission shall consist of five (5)
members appointed by City Council for two-year terms and four (4)
alternate members who shall serve in the absence of one or more of the
regular members when requested to do so by the mayor or City Manager.
The alternate commission members serve for the same period and are
subject to removal in the same manner as the regular members.
Chairperson. City Council will appoint one (1) member of the
commission to serve as chairperson and one (1) member to serve as
vice-chairperson on an annual basis.
Removal. The City Council may remove a commission member for
cause on a written charge. Before a decision regarding removal is made,
the City Council shall hold a public hearing on the matter if requested by
the commission member subject to the removal action. Any member
shall be automatically removed, without the necessity of charges and a
hearing, in the event that said member is absent from twenty-five percent
(25%) or more of the regularly scheduled meetings in a twelve (12)
month period.
Hearings Before the Commission
(a)
(b)
Number. All cases heard by the oomm~ssion shall be heard by at least
four members.
(c)
Rules. The commission may adopt rules and establish procedures for
use in hearings, providing ample opportumty for presentation of evidence
and testimony by persons opposing charges brought by the municipality
through the Building Official or the Fire Marshal relating to alleged viola-
tions. The Commission shall appoint a chairman and an acting chairman
to act ~n the chairman's absence.
(d)
Meetings. The meetings of the commission shall be held at the call of
the Chairman and at other times established by the Commission. The
meetings shall be open to the public.
Minutes. the Commission shall keep minutes of its proceedings showing
the vote of each member on each question or the fact that a member is
absent or fails to vote. The Commission shall keep records of ~ts
examinations and other official actions. The minutes and records shall
be filed immediately in the office of the Commission as public records.
(e)
Vote. The concurring vote of four members of the Commission is neces-
sary to take any action.
3. Representative
The Building Official or the Fire Marshall is hereby designated as the representa-
tive of the municipality before the Building and Standards Commission.
4. Function of the Commission
Cases Heard. The Commission may hear cases concerning violations of
ordinances that regulate:
(a)
the preservation of public safety, relating to the materials or methods
used to construct a building or improvement, including the foundation,
structural elements, electrical wiring or apparatus, plumbing and fixtures,
entrances and exits:
(b)
relating to the fire safety of a building or improvement, including
provisions relating to materials, types of construction or design, warning
devices, availability of water supply for extinguishing fires, or location,
design or width of entrances or exits;
(c)
relating to dangerously damaged or deteriorated buildings or improve-
ments;
(d)
relating to conditions caused by accumulations of refuse, vegetation or
other matter that creates a breeding ground for insects and rodents.
DANGEROUS STRUCTURES
The City may require the vacation, relocation of occupants, securing, repair,
removal, or demolition of a structure that is:
(a)
dilapidated, substandard, or unfit for human habitation and a hazard to
the public health, safety, and welfare;
(b) regardless of its structural condition, unoccupied by its owners, lessees,
or other invitees and is unsecured from unauthorized entry to the extent
that it could be entered or used by vagrants or other uninvited persons as
a place of harborage or could be entered or used by children; or
(c)
boarded up, fenced, or otherwise secured in any manner if: the building
constitutes a danger to the public even though secured from entry; or the
means used to secure the structure are inadequate to prevent
unauthorized entry or use of the structure in the manner described in
subsection (b) above.
Minimum Standards
The minimum standards that shall determine the suitability of a structure for
continued use or occupancy, regardless of the date of construction, are those
found in the City's adopted Property Maintenance Code.
Public Nuisance
All structures determined unsafe within the terms of this ordinance are hereby
declared public nuisances and illegal and shall be vacated, secured, repaired,
removed, demolished, or the occupants relocated as herein provided.
Investi.qation
When the Building Official or the Fire Marshall determines, whether on his own
initiative or as the result of a complaint, that a structure may be unsafe within the
meaning of this ordinance, he shall do the following:
(a) Conduct a drive-by inspection;
(b)
If the structure is occupied, present proper identification to the occupant
and request entry to conduct an inspection;
(c)
If entry is refused or the structure unoccupied, an administrative search
warrant must be obtained pursuant to Chapter 3, Section 1(6)(b) of the
Code of Ordinances;
(d)
If the drive-by inspection and/or other facts suggest an emergency
exists, an administrative search warrant is not required;
(e)
Upon completion of the inspection, the Building Official or Fire Marshall
shall document any violations of this ordinance;
(f)
If, upon the conclusion of his investigation, the Building Official or the Fire
Marshall concludes that there is probable cause to believe that the
building is unsafe within the terms of this ordinance, he shall make a
report to the Commission and give notice of a public hearing to the
property owner(s), lienholder(s), and mortgagee(s) as herein provided.
Notice of Hearin,qs
(a)
Notices Sent. The Building Official or Fire Marshall, or their designee,
shall, at least ten (10) calendar days prior to the hearing date, send to
each property owner notice of the hearing in the following manner:
(1)
by delivery to each party personally or by leaving the notice at the
usual place of abode of that party with a person of sixteen (16)
years of age or older or by depositing the notice in United States
mail addressed to the party at his last known address, certified
mail, return receipt requested;
(2)
by posting the notice on or near the front door of the structure;
and
(3)
by publishing notice in the Bryan/College Station Eagle on two
consecutive days.
(b)
(c)
(4)
Notice shall also be filed in the Official Public Records of Real
Property in the Brazos County Clerk's Office.
Violations. It shall be unlawful for any person to remove, deface or cover
such notice posted pursuant to section 5(a)(2) above until after the date
of the heanng.
Notice Contents. The notice of the hearing shall:
(1) be in writing;
(2) state the bme and place of the hearing;
(3) provide a legal description of the affected property;
(4)
list the name and address of the owner of the affected property if
that information can be determined from a reasonable search of
the instruments on file in the Brazos County Clerk's Office;
(5)
list each owner, lienholder and mortgagee shown to have a legal
interest in the property,
(6) describe each violation of the municipal standards which
allegedly exists;
(7)
state the action that will be recommended to the Commission by
the Building Official or Fire Marshall which may include vacating,
securing, repairing, removing or demolition of the structure or
relocating occupants of the building;
(8) provide a description of the hearing;
(9)
state that the owner, lienholder or mortgagee will be required to
submit at the hearing proof of the scope of any work that may be
required to comply with the ordinance and the time it will take to
reasonably perform the work; and
(10)
state that the City may perform any required work to abate the
violation if the owner fails to do so.
(d)
Notice shall be provided to each mortgagee and lienholder in the same
manner provided for in subsection (a) above.
Hearing Before the Commission
(a)
The Building Official or Fire Marshall shall request a public hearing before
the Commission for the purpose of determining whether a structure is
unsafe within the terms of this ordinance. The Building Official or Fire
Marshall shall present all cases before the Commission.
(b)
In a public hearing to determine whether a structure complies with the
standards set out in the City's Code of Ordinances, the owner,
mortgagee, or lienholder has the burden of proof to demonstrate the
scope of any work that may be required to comply with the Code of
Ordinances and the time it will take to reasonably perform such work.
(c) The Commission shall provide each party an opportunity to present
evidence and cross examine witnesses at the hearing.
Action of the Commission
(a) Decision. Upon conclusion of the hearing, the Commission may declare
a structure unsafe within the terms of this ordinance.
(b)
Commission Order. If the Commission determines the structure is
unsafe within the terms of this ordinance, it shall proceed to determine
whether the structure should be vacated, repaired, secured, demolished
and/or the occupants relocated under the standards contained herein and
in accordance with the following:
(~)
If the structure can be feasibly repaired or the dangerous
condition remedied so that violations no longer ex~st, it shall be
ordered repaired or remedied. Repairs shall be deemed feasible
if the cost of repair, reconstrucbon or ~mprovement of a structure,
equals less than fifty percent (50%) of the market value of the
structure.
(2)
In any case where fifty percent (50%) or more of the value of a
structure is damaged or deteriorated, it shall be ordered
demolished or removed, and in all cases where a structure
cannot be repaired so that it will no longer be considered
dangerous under the provision of this ordinance, it shall be
demolished or removed.
(c)
Order. Upon determimng that the structure should be either vacated,
repaired, secured, demolished and/or the occupants relocated, the
Commission shall issue an order stating that the required action be taken
by the owner within a specified reasonable time as provided in subsecbon
8 below.
(d)
Notification to Owner. The Building Official or Fire Marshall shall, no later
than the next working day after the Commission issues an order, mail by
certified mail, return receipt requested, a copy of the order to the owner
of the structure and to any mortgagee or lienholder.
(e)
Public Notice. Within ten (10) calendar days after the date the order is
issued, the Building Official or Fire Marshall shall:
(1) file a copy of the order in the office of the City Secretary; and
(2)
publish in the Bryan/College Station Eagle a notice containing the
street address or legal description of the property, the date of the
hearing, a brief statement indicating the results of the order, and
instructions stating where a complete copy of the order may be
obtained.
8. Compliance
(a)
Each order issued by the Commission shall require the owner to, within
thirty (30) calendar days:
(1) secure the structure from unauthorized entry; or
(2)
repair, remove, or demolish the structure, unless the owner,
mortgagee or lienholder establishes at the hearing that the work
cannot reasonably be performed within thirty (30) days
(b)
In the event that the owner fails to comply with the order, the Commis-
sion's order may allow an additional thirty (30) calendar days to any lien-
holder or mortgagee to comply with subsecbon (a) above
(c)
If the Commission allows the owner, mortgagee, or lienholder more than
thirty (30) calendar days to repair, remove, or demolish the building, the
municipality shall establish specific time schedules for the
commencement and performance of the work and shall require the
owner, lienholder or mortgagee to secure the property in a reasonable
manner from unauthorized entry while the work is being performed, as
determined by the Building Official or Fire Marshall.
(d)
The Commission may not allow the owner, lienholder, or mortgagee more
than ninety (90) calendar days to repair, remove, or demolish the
structure or fully perform all work to comply with the order unless the
owner, lienholder or mortgagee:
(1)
submits a detailed plan and time schedule for the work at the
hearing; and
(2)
establishes at the hearing that the work cannot reasonably be
completed within ninety (90) calendar days because of the scope
and complexity of the work.
(e)
If the Commission allows the owner, lienholder, or mortgagee more than
ninety (90) calendar days to complete any part of the work required to
repair, remove, or demolish the building, the Commission shall require
the owner, lienholder, or mortgagee to regularly submit progress reports
to the Building Official or Fire Marshall to demonstrate compliance with
the time schedules established for commencement and performance of
the work. The order may require that the owner, lienholder, or mortgagee
appear before the Building Official or Fire Marshall to demonstrate
compliance with the t~me schedules. If the owner, lienholder or
mortgagee owns property, including structures or improvements on
property within c~ty boundaries that exceeds $100,000.00 in total value,
the city may require the owner, lienholder or mortgagee to post a cash or
surety bond in an amount adequate to cover the cost of repairing,
removing or demolishing a building under this ordinance. In lieu of a
bond, the city may require the owner, lienholder or mortgagee to prowde
a letter of credit from a financial institution or a guaranty from a third party
approved by the city. The bond must be posted, or the letter of credit or
third party guaranty provided, not later than the thirtieth (30th) day after
the date the commission issues the order.
(f)
If the Building Official or Fire Marshall finds that the owner has failed to
comply with the Commission's order he shall notify the lienholder and
mortgagee in writing by certified mail, return receipt requested, with a
copy of the order.
(g)
If the Building Official or Fire Marshall, finds that neither the owner nor
the lienholder(s) and mortgagee(s) have complied, he shall notify the
Commission.
9. Abatement by City
(a)
If the unsafe structure is not vacated, secured, repaired, removed, or
demolished, or the occupants are not relocated within the time allowed by
order, the Commission may, upon the recommendation of the Building
Official or Fire Marshall, order the City to vacate, secure, repair, remove,
or demolish the structure or relocate the occupants at the City's expense.
This provision does not limit the city's ability to collect on a bond or other
financial guaranty that is required under paragraph 8 (e).
(b)
The Commission may order a structure repaired under subsection (a)
above only to the extent necessary to bring the structure into compliance
with the minimum standards and only if the structure is a residential
building with ten (10) or fewer dwelling units.
(c)
The owner of the unsafe structure shall be charged the City's expense to
vacate, secure, repair, remove, or demolish the structure or to relocate
the occupants. Such charges shall include, but are not limited to: the
expense of inspection or testing by third parties; photography; publication;
title search; attorney's fees; labor and equipment costs for preparation of
the premises, work to secure, repair or demolish; clean up and remove
debris; and landfill fees.
(d)
(e)
(f)
(g)
(h)
The Building Official or Fire Marshall shall certify the expenses incurred
to enforce the Commission's order. The certified expenses shall be
forwarded to the City's Accounting Department.
The City may assess expenses on, and the City shall have a hen against,
the property on which the structure was located, unless the property is a
homestead as protected by the Texas Constitution.
Notice of the lien shall be provided to the property owner. Notice of the
lien shall be recorded and indexed ~n the Brazos County Clerk's Office.
The notice must contain: the name and address of the owner if that infor-
marion can be determined with a reasonable effort; a legal description of
the real property on which the structure was located; the amount of the
expenses incurred by the City; the interest rate to be charged; and the
balance due
The City's lien is a privileged lien subordinate only to tax liens. Such hen
shall bear an interest rate of ten percent (10%) per annum until paid.
The lien for repair expenses may not be foreclosed if the property on
which the repairs were made is occupied as a residential homestead by a
person sixty-five (65) years of age or older.
10.
11..
12.
Emer,qency Actions
In cases where a structure is determined unsafe under the terms of th~s
ordinance by the Building Official or Fire Marshall, and such structure or the
manner of its use constitutes an "imminent danger" to health, life or property, the
condition shall justify the use of emergency measures. "Imminent danger" exists
where there is considerable risk of danger or peril and where accidents or injuries
are likely to occur. Under those conditions, the City manager may order the
owner of the structure, the owner's agent, or the owner or occupant of the
property to vacate, repair, remove or demolish the structure to the extent
necessary to alleviate the imminent danger. If the owner, agent or occupant fails
to comply with the order within seventy-two (72) hours, the City may vacate,
repair, remove or demolish the structure and assess the expenses of such action
against the property. Notice of the assessment and recovery of the expenses
shall be in the manner provided for in section 9 of this ordinance.
Appellate Review
Any owner, lienholder, or mortgagee of record shall have the right to appeal the
decision of the Commission to district court. The petition must be filed with the
District Court Clerk within thirty (30) calendar days from the date the Commis-
sion's order is mailed to the owner, lienholder, or mortgagee. Appeal in the
district court shall be limited to a hearing under the substantial evidence rule. The
Commission's decision shall become final if no appeal is taken within the thirty
(30) calendar day time period.
Liability of City for Action Under This Ordinance
Neither the City nor any authorized agent acting under the terms of this ordinance
shall be liable or have any liability by reason of orders issued or work done in
compliance with the terms of this section
SEVERABILITY
If any section, subsection, sentence, clause or phrase of th~s Code or the Technical
Codes is for any reason held to be unconstitutional, such dec~sion shall not affect the va-
hd~ty of the remaining portions of this Code or the Technical Codes.
I. VIOLATIONS AND PENALTIES
Any person, firm, corporation or agent who shall violate a provision of this Code or the
Technical Codes, or fails to comply therewith, or with any of the requirements thereof, or
who shall erect, construct, alter, install, demolish or move any structure, electrical, gas,
mechanical, plumbing or fire protection system, or has erected, constructed, altered,
repaired, moved or demohshed a budding, structure, electrical, gas, mechanical, plumbing
or fire protection system, in violation of a detailed statement or drawing submitted and
permitted thereunder, shall be guilty of a misdemeanor. Each such person shall be
considered guilty of a separate offense for each and every day or portion thereof during
which any violation of any of the provisions of this Code or the Technical Codes is
committed or continued, and upon conviction of any such violation such person shall be
punished with a fine pursuant to the general penalty section of the Code of Ordinances."
SECTION 2
RIGHT-OF-WAY MAINTENANCE
A
GOVERNING LAW; LIMITATIONS; COMPLIANCB
(1)
This ordinance shall be construed in accordance with the C~ty's Charter and Code m
effect on the effective Date of this ordinance to the extent that such Charter and
Code are not in conflict with or in violabon of the Constitution and laws of the Umted
States or the State of Texas
B
(2) This ordinance shall be governed in accordance with the laws of the State of Texas
CIVIL PENALTIES
(1)
Civil penalties may be ~mposed for the wolation of any prowslon of this Chapter, as
follows:
(a)
(b)
(c)
Up to One Thousand Dollars ($1,000 00) for each violation and each day of
a conbnumg wolat~on may be considered a new wolahon and/or
If applicable, default and revocation of any or all permits granted to allow
work in the right-of-way, subject to the procedural gu~dehnes noted in th~s
chapter and any agreement which applies to the right-of-way user, and
further subject to any limitations ~mposed by federal or state law.
In ~mposing the penalties and the amount, the City may weigh all applicable
factors, such as damages caused by the violation, economic benefit to the
violator, reasons for the violation, the seriousness of the v~olahon, and all
other factors.
(2)
Monetary civil penalbes may be ~mposed ~n the manner prescribed by either local or
state law.
(3)
In addition, the City Council may order specific performance of any actions required
by th~s chapter or required by a franchise, license or permit, including the permit
authorizing work to be performed in the rights-of-way, or any other agreement or
authorization.
C
(4)
Prior to initiation of enforcement litigation, the user shall be given the opportumty to
correct the wolation within time frame specified by the City.
(5)
For the purposes of this Ordinance, when not ~nconsistent with the context, words,
used in the present tense include the future tense, words m the plural include the
singular, and words in the singular include the plural, and the use of any gender shall
be applicable to all genders whenever the sense requires. The words "shall" and
"will" are mandatory and the word "may" is permissive Words not defined in th~s
Ordinance shall be given their common and ordinary meaning
CRIMINAL PENALTIES
(1)
That any person, firm, or corporation willfully and intentionally violates any of the
prows~ons of this chapter shall be deemed gudty of a misdemeanor, and upon
conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars
($25.00) nor more than Five Hundred Dollars ($500.00) Each day such violahon
shall continue or be permitted to continue, shall be deemed a separate offense
DEFINITIONS
Person shall include unless otherwise required in context, a natural person, a legal entity or
other group or organization.
Facilities means all the plant and equipment including all tangible and intangible real and
personal property without limitation, and any and all means and instrumentality in any
manner owned, operated, leased, hcensed, used, controlled, furnished, or supplied for, by, or
m connection with its business
Owner means the person who owns the fac~hties lOcated in the City's right-of-way.
Permit means the document issued by the C~ty to the owner of the facilities that authorizes
the use of the right-of-way by the owner to install and maintain its facilities.
Permitee means the owner.
User means a person who uses the City's rights-of-way to install its facilities.
Right of Way means the surface of, and the space above and below a public street, road,
highway, freeway, land, path, pubhc way or place, alley, court, boulevard, parkway, drive, or
other easement no or hereafter held by the C~ty (~ncluding any street, as defined, which ~s
acquired by eminent domain) for the purpose of public travel and shall include other
easements or rights-of-way now or hereafter held by the City or in which the City has an
interest (including any easements or rights-of-way acquired by eminent domain) which shall,
w~lh their proper use and meaning, entitle the City and a uhhty to use thereof for the purpose
of instalhng fac~hbes, and other property as may ordinarily be necessary and pertinent to a
ubhty system
Easement means and shall include any pubhc easement or other compatible use created by
dedication, or by other means, to the City for public ut~hty purposes or any other purpose
whatsoever.
City means the City of College Station, Texas, a home-rule municipal corporation
Applicant means the owner who submits an application to the City for a permit authorized
under the terms and conditions set forth in this Ordinance An application is not considered
administratively complete if it is not s~gned by and submitted by the owner or the owner's
authorized representative or if it does not contain all of the reformation required by the
application or this ordinance or if the required fee has not been submitted with the
application
Franchise means the user fee or charge that the City requires as payment for using its
streets, rights-of-way, public ways, and easements of the City in order to construct, maintain,
and operate a private utility system, and includes fees for permits or licenses.
Invalid Permit - a permit will not be considered valid if it contains information that is
incorrect at the time it was submitted or if it ~s executed by an unauthorized representative or
if the applicant has made any misrepresentation of material fact in the application.
RIGHT-OF-WAY CONSTRUCTION.
No person shall commence or continue w~th the construchon, installation or operation of
facilities within the right-of-way in the City except as provided by the ordinances of the City
and the directives of the City All construction activity in City right-of-way will be in
accordance with this Chapter.
REGISTRATION AND CONSTRUCTION PERMITS
(1)
Registration. In order to protect the public health, safety and welfare, all users of
the right-of-way will register with the City of College Station. Registration fees for
right-of-way users will be set by College Station City Council resolution. Right of way
users who are telecommunications providers and pay annual blanket right-of-way
fees pursuant to Chapter 283 of the Texas Local Government Code as amended or
users who hold a valid franchise with the City are exempt from the payment of
registration fees under this Ordianance Registration and permits will be issued in the
name of the person who owns the facilities. Registration must be renewed every
five (5) years For utilities with a current franchise or license, the franchise or
license wdl be evidence of renewal. If a registration is not renewed, and subject to
sixty (60)-day notification to the owner, the facilities of the user will be deemed to
have been abandoned. When any information provided for the registration changes,
the user will inform the City of College Station of the change no more than thirty (30)
days after the date the change is made. Registration shall include
(a) The name of the user of the right-of-way;
(b) The name, address and telephone number of people who will be contact
person(s) for the user,
(c)
The name, address and telephone number of any contractor or
subcontractor, if known, who wdl be working in the right-of-way on behalf of
the user,
(d) The name(s) and telephone number of an emergency contact who shall be
available twenty-four (24) hours a day;
(e) Proof of insurance and bonds.
An applicant must provide acceptable proof of hablhty insurance m
the total amount of Three Milhon Dollars ($3,000,000 00), One
Million Dollars ($1,000,000.00) primary plus Two Mdhon Dollars
($2,000,000.00) umbrella ~f requested by the owner of the facilities,
or other provisions as acceptable to the director of financial services
or his/her designee. The City Manager or his / her designee may
wawe or reduce the bonding requirements in a non-discriminatory,
competitively neutral manner, taking into consideration both that the
person has furnished the City with documentation sufficient in the
sole discretion of the Finance Director to evidence adequate
financial resources substantially greater than the bonding
requirements, has a Standard & Poor's A bond rating or better or a
Moody's A bond rating or better, and has demonstrated in prior right-
of-way construction actiwty, prompt resolution of any claims and
substantial compliance with all required applicable building codes
and ordinances.
The coverage must be on an "occurrence" basis and must include
coverage for personal injury, contractual hability, premise liability,
medical damages, underground, explosion and collapse hazards.
Each policy must include a cancellation provision in which the
insurance company is required to notify the City in writing not fewer
than thirty (30) days before canceling, failing to renew, or reducing
policy limits
The applicant shall file the required original certificate of insurance
prior to any commencement of work. The certificate shall state the
policy number, name of the insurance company; name and address
of the agent or authorized representative of the insurance company,
name, address and telephone number of insured, policy expiration
date, and specific coverage amounts.
Applicant shall file an annual surety bond which will be valid each
year construction will occur through one (1) full year after the
completion of the construction from a surety company authorized to
do bus~ness in the State of Texas in the amount of the estimated
amount of the cost to restore the right-of-way for the work
anticipated to be done in that year, in the event the applicant leaves
a job site in the right-of-way unfinished, incomplete or unsafe or
other provisions as acceptable to the director of financial services or
his/her designee.
6
The above requirements may be met by uhl~ties w~th a current
franchise or I~cense if their current franchise or license adequately
provides for insurance or bonds or provides an indemnity in favor of
the C~ty
(2~ Construction permits.
(a)
No person shall perform any construction or installation of facilities in the
right-of-way w~thout firs! obtaining a construction permit, except as provided
hereto The permit will be m the name of the person who will own the
fac~ht~es to be constructed The permit must be completed and signed by a
representahve of the owner of the facilities to be constructed
The phrase "construcbon or installation of facdihes" does not include the
installation of facdities necessary to m~tiate service to a customer's
property, or repair or maintenance of ex~stmg facd~hes unless such repair
or maintenance requires the breaking of pavement; the closure of a
nonresidential traffic lane, excavation or boring
2
Emergency responses related to existing facilities may be
undedaken wdhout first obtaimng a permit, however the C~ty shall be
notified ~n writing w~thm two (2) business days of any construchon
related to an emergency response, including a reasonably detailed
descripbon of the work performed in the right-of-way and an updated
map in a format prescribed by the C~ty of any facd~ties that were
relocated, ~f apphcable
3
Emergency response permits are required only if a permit ~s
required pursuant to the applicable provisions herein
(b)
The permit shall state to whom it is issued, location of work, location of
facilities, dates and hmes work ~s to take place and any other conditions
established by the City
(c)
The person requesting a permit will provide the City with documentation in
the format specified by the C~ty describing:
The proposed, approximate location and route of all facilities to be
constructed or installed and the applicant's plan for right-of-way
construction.
2
Engineering plans which will be on a scale of one inch (1") equals
fifty feet (50') unless otherwise approved by the C~ty
3
Detail of the location of all right-of-way and utility easements that
applicant plans to use.
4 Detail of all existing City ubl~ties in relahonsh~p to apphcant's
proposed route.
5
Detad of what facilities the applicant proposes to install, such as pipe
size, number of mterducts, valves, etc
6
Detad of plans Io remove and replace asphalt or concrete ~n streets
0nclude C~ty of College Station standard construction details)
Drawings of any bores, trenches, handholes, manholes, switch gear,
transformers, pedestals, etc including depth located in public right-
of-way
8
Handhole and/or manhole typicals of type of manholes and/or
handholes applicant plans to use or access
(d~
(e)
(0
(g)
(h)
(i)
(k)
(i)
9. Complete legend of drawings submitted by applicant unless
otherwise approved by the C~ty
10 Four (4) sets of eng~neenng plans must be submitted w~th permit
application.
11 The name, address and phone numbers of the contractor or
subcontractor who will perform the actual construchon, including the
name and telephone number of an individual employed by the
contractor who will be available at all times dunng construchon
Such informahon shall be required prior to the commencement of
any work
12 The construction and installation methods to be employed for the
protection of existing structures, fixtures, and facd~hes within or
adjacent to the right-of-way, and the dates and times work w~ll occur
all of which (methods, dates, hmes, etc.) are subject to approval of
the C~ty
13 A statement that the requirements of Subsection E('l)(e)l are met
All construchon and installation m the right-of-way shall be m accordance
with the permit for the fac~ht~es and any approved plans and specifications
made in connection with it The City shall be provided access to the
worksite and to such further information as may be reasonably required to
ensure compliance w~th the permit
A copy of the construction permit and approved engineenng plans shall be
maintained at the construction site and made available for inspection by the
City at all times when construction or installation work is occurnng
All construction or installation work authorized by permit must be completed
in the time specified ~n the construction permit If the work cannot be
completed within the specified time periods, the perm~ttee may request an
extension from the City. Extension requests are to be made at the same
Iocahon where permits are issued The City will use its best efforts to
approve or disapprove a request for extension as soon as possible.
A copy of any permit or approval ~ssued by federal or state authonbes for
work in federal or state right-of-way located m the C~ty of College Station, ~f
requested by the City.
A request for a permit must be submitted at least ten (10) working days
before the proposed commencement of work in the request, unless waived
by the City in writing
Requests for permits will be approved or d~sapproved by the C~ty w~thin a
five (5) business days of receiving all the necessary information. The City
will use best efforts to approve or disapprove a request for permit as soon as
possible. City w~ll prowde reason to permitee should permit be d~sapproved.
The City or the applicant can request a pre-construction meeting with the
permittee and their construction contractor.
Permit apphcahons are required for construchon of new, replacement
fac~hhes or upgrading of the company's ex~sting facilibes in the right-of-way
or public utility easement either aerial or underground.
Permit fees as adopted by College Station C~ty Council resolution will apply
to those right-of-way users who do not pay annual blanket right-of-way fees.
G CONSTRUCTION STANDARDS.
(1)
C~ty must be notified twenty-four (24) hours in advance that construction is ready to
proceed by e~ther the right-of-way user, their contractor or representative. At the
brae of notification, the right-of-way user will inform the City of the number (or other
informabon) assigned from the one-call system.
(2)
All construction shall be in conformance with all applicable City codes, local, state
and federal laws.
(3)
Three-by-three (3 x 3) feet information signs identifying the name of the company
doing the work, telephone number and permittee's identity and telephone number
shall be placed at the location where construction is to occur prior to the begmmng of
work m the nghl-of-way and shall continue to be posted at the location dunng the
entH'e t~me the work ~s occumng An mformahonal s~gn wdl be posted m pubhc right-
of-way one hundred feet (100') before the construction location commences and
each one hundred feet (100') thereafter, unless other posting arrangements are
approved or required by the City.
(4)
Erosion control measures (e g s~lt fence) and advance warning s~gns, markers,
cones and barricades must be in place before work begins The contractor w~ll
contain and prevent all soil from m~gratmg offsite by use of water suppression,
vehicle cleaning areas, silt fences, hay bales, etc.
(5)
The Contractor will maintain base material on streets under construction and on
detours as required to maintain sufficient moisture content in surface layer for dust
control. The Contractor will be responsible for cleaning mud and dust from roadways
on a dady basis.
(6)
Lane closures on major thoroughfares will be limited after 8 30 a.m. and before
4'00 p m unless the City grants prior written approval Arrow boards will be required
on lane closures, w~th all barricades, advance warning signs and thirty-s~x inch (36")
reflector cones placed according to the specifications of the City.
(7)
Permittee is responsible for the quality of the workmanship and any damage caused
by its contractors or subcontractors. A designated representative of the permittee
will be available to the City at all times during construction
(8)
Permittee shall be responsible for storm water management erosion control that
complies with City, state and federal regulations and guidelines. Requirements shall
include, but not be limited to, silt fencing around any excavation that will be left
overnight, silt fencing in erosion areas until reasonable vegetation is established,
barricade fencing around open holes, and high erosion areas will require wire-backed
silt fencing Upon request permittee may be required to furnish documentation
submitted or received from federal or state government.
(9)
Perm~ttee, contractor or subcontractor will notify the City immediately of any damage
to other utilities, either City or privately owned.
(10)
It is the C~ty's policy not to cut streets or sidewalks, however, when a street or
sidewalk cut is necessary, prior written approval must be obtained from the City and
all requirements of the City shall be followed Repair of all street and sidewalk
removals must be made promptly to avoid safety hazards to vehicle and pedestrian
traffic
(11)
Installabon of faclht~es must not interfere with City utihties, in padicular, gravity
dependent facdities.
(12) New facilities must be installed to a depth approved by the City.
(13)
All directional boring shall have Iocator-place bore marks and depths while bore is in
progress Locator shall place mark at each stem with paint dot and depth at least
every other stem.
(14)
(15)
(16)
(17)
(18)
(19)
The working hours in the rights-of-way are 7:00 a.m. to thirty (30) minutes before
sunset, Monday through Friday. Work that must be performed after thirty (30)
minutes before sunset Monday through Friday must be approved ~n advance. Any
work performed on Saturday must be pre-approved twenty-four (24) hours in
advance by the City. Directional boring Is permitted only Monday through Friday
7:00 a.m. to thirty (30) minutes before sunset, unless approved in advance. No work
will be done, except for emergencies, on City holidays.
People working in the right-of-way are responsible for obtaining line locates from all
affected utilities or others with facilities in the right-of-way prior to any excavation.
Use of the Geographic Information System or the plans of record or both does not
satisfy this requirement.
Permittee will be responsible for verifying the location, both horizontal and vertical,
of all facilities When required by the City, permittee shall verify locations by pot
holing, hand digging or other method approved by the City prior to any excavation or
boring with the exception of work involving lane closures, as discussed above.
Placement of all manholes and/or hand holes must be approved in advance by the
City. Handholes or manholes will not be located in sidewalks, unless approved by
the City
Locate flags shall not be removed from a location while facilities are being
constructed.
Construction which requires pumping of water or mud shall be contained in
accordance with City of College Station ordinances, federal and state law.
PLANS OF RECORD
(1)
Right-of-way and public utility easement users will provide the City with "plans of
record" (also called aas built" plans) within ninety (90) days of completion of facilities
in the right-of-way and/or public utility easement. Users who have existing facilities
in the right-of-way and public utility easements as of the effective date of this
ordinance who have not provided a copy of the "plans of record" shall provide one-
fourth (%) of the information concerning facilities in City right-of-way within one (1)
year after the passage of the ordinance and one-fourth (%) each six (6) months
thereafter. The plans shall be provided to the City with as much detail and accuracy
as required by the City. Plans that do not meet these requirements are incomplete
and shall not be considered submitted to the City under this Ordinance All the
requirements specified for the plans submitted for the initial permitshall be submitted
and updated in the plans of record. The detail and accuracy will concern issues such
as Iocationand any other health, safety and welfare concerns required to be included
by City. The detail will not include matters such as capacity of lines, customers, or
competitively sensitive details. Submittal of "plans of record" shall be in digital
format.
(2)
This requirement, or portions of this requirement, may be waived by the City for
good cause.
RELOCATION OF FACILITIES REQUIRED; ABANDONMENT
Whenever the City widens, or straightens, installs, relocates public streets, alleys,
easements, bikeways, sidewalks, thoroughfares, highways, public ways, water lines, electric
lines, fiber optic or sewer lines, the user shall relocate, at its own expense (unless otherwise
provided otherwise by state law or a franchise in effect on August 26, 1999, until that
franchise expires or is otherwise terminated), its facilities and other appurtenances in order
to accommodate the installation, relocation, widening, or changing of the grade of same
including if necessary relocating such poles wire cables anchors, manholes, conduits, or
other facilities or appurtenances to a sufficient distance from the edge of the pavement to
permit a reasonable work area for machinery and individuals engaged in installing,
relocahng, w~denmg, or changing the grade of any public street, sidewalk, b~keway, alley,
public thoroughfare, highway or public way. Additionally, the user must relocate at its sole
expense any facd~ties erected or maintained ~f said relocation is deemed necessary by the
govermng body or ~ts designated representative for traffic safety purposes or the
accommodahon of other necessary utilities owned and/or operated by the City including
traffic signals Whenever by reason of changes in the grade of a thoroughfare or in the
location or manner of constructing a water pipe, gas pipe sewer or other aboveground or
underground structure it ~s deemed necessary by the City to remove, alter change adapt or
conform the underground or aboveground facilities of the user, the user shall make the
promptly but not later than mnety (90) days from the date that notice is sent to Owner unless
a different schedule was approved by the City without claim for reimbursement or damages
against the City If Owner fails to move ~ts facdities after ninety (90) days or the approved
schedule, whichever is apphcable, as same may be extended from bme to time, the facilibes
shall be deemed abandoned and City may remove the facihties w~thout habdity therefore and
charge the cost of removal to Owner
IMPROPERLY INSTALLED FACILITIES
(1)
Any person doing work m the C~ty right-of-way shall install, repair, upgrade and
maintain facdihes in a good and workmanhke manner, and m accordance w~th the
standards and speciflcabons estabhshed hereto as well as all apphcable industry
standards, and local, state, administrahve and federal laws, rules, regulahons and
guidehnes
(2)
Fac~hhes shall be considered to be ~mproperly installed, repaired, upgraded or
maintained fi'
(a)
The installation, repairs, upgrade' or maintenance endangers property or
people;
(b) The facihties do not meet the apphcable C~ty codes:
(c) The facilities are not capable of being located using standard practices,
(d)
The facilities are not located in the proper place at the time of construction ~n
accordance with the directions provided by the C~ty
RESTORATION OF PROPERTY
(~)
Users of the right-of-way shall restore property affected by construction of facilities to
a condition that is equal to or better than the condition of the property prior to the
performance of the work Restoration must be approved by the City.
(2)
Restorabon must be to the reasonable satisfaction of the City. The restoration shall
include, but not be hmited to
(a)
Replacing all ground cover with the type of ground cover damaged during
work or better e~ther by sodding or seeding, as d~rected by the C~ty,
(b) Installation of all manholes and handholes, as required,
(c)
Backfilhng all bore pits, potholes, trenches or any other holes shall be filled
m daily, unless other safety requirements are approved by the C~ty,
(d) Levehng of all trenches and backhoe hnes;
(e) Restorabon of excavation s~te to City specifications;
(0 Restoration of all landscaping, and spnnkler systems
All locate flags shall be removed during the clean up process by the
permittee or h~s/her contractor at the completion of the work
2
Restorabon must be made promptly, as specified by approved City
schedules and to the sabsfaction of the City If restoration ~s not
performed promptly, all work-m-progress, except that related to the
problem, including all work previously permitted but incomplete
may be halted and a hold t~ay be placed on any permits ~n progress
but not approved until all restorahon is complete
L. REVOCATION OR DENIAL OF PERMIT
If any of the provisions of this ordinance are not followed, a permit may be revoked by the
City. If a person has not comphed with the terms and conditions of this ordinance ~n work
done pursuant to a prior permit, new permits may be demed or additional terms and
condibons required.
M APPEAL FROM DENIAL OR REVOCATION OF PERMIT.
Appeal from denial or revocabon of a permit or from the decision of the City staff shall be to
the City Council. Appeal shall be filed w~th the C~ty Secretary within fifteen (15) days from
the date of the decision being appealed" ,
SECTION 3 DEVELOPMENT OF STREETS
A SCOPE AND PURPOSE
(1)
Th~s section shall govern the development of all streets, sidewalks, bikeways,
driveways and vehmular parking on streetsl within the corporate hm~ts of the City of
College Station, Texas, including both the subdivided and unsubdivided portion of
the City, and within the extraterritorial jurisdiction of the City as established by the
Local Government Code, as amended.
(2)
The regulation of street development is a major factor of sound community growth
and ulhmately becomes a public responsibility in that the streets must be maintained
together w~th the utdibes estabhshed thereon. The welfare of the entire community is
thereby affected ~n many important respects It is the intent of these regulations to
encourage Ihe growth of the C~ty of College Station m an orderly manner, and they
are deemed to be the m~mmum requirements as adopted by the City Councd for the
protection of the public health, safety, and welfare
B DEFINITIONS
For the purpose of th~s secbon, certain words as used hereto are defined as follows
(1)
Bikeway ~s a trail, path, part of a h~ghway shoulder, or any other means specifically
marked and assigned for bmycle use. B~keway facilities are further classified as bike
paths, lanes, and routes
(2) C~ty refers to the municipal corporatmn, C~ty of College Station, Texas.
(3)
Corner means the point of intersection of the lines of two (2) street curbs extended
into the street intersection
(4)
Cul-de-sac means a street having only one (1) outlet to another street and termi-
nating on the other end in a vehicular turnaround.
(5)
Curb Return means that portion of a curb which is constructed on a curve, to connect
normal street curbs at a street intersection, or at driveway approaches connecting
the street curb to the driveway approach.
(6) Driveway means a place on private property for vehicular traffic
(7)
Driveway Approach means an area or facd~ty between the street and private property
intended to provide access for vehicles from the street to private property. A
driveway approach must provide access to something definite on private property,
such as parking area, a driveway, or a door at least eight feet (8') in width, intended
and used for entrance of vehicles.
(8)
Extraterritorial Jurisdiction (w~th~n the terms of the Local Government Code) means
the unincorporated area, not a part of any other city, which is contiguous to the
corporate limits of the City of College Station, the outer boundaries of which are
measured from the extremities of the corporate limits of the C~ty, outward for such
distances as may be stipulated in the Local Government Code, m which area, the
City may enjoin the violations of this street regulations section.
(9) Malor Streets include major and minor arterial and major collector streets,
(10) Minor Streets include residenbal, minor, collector, and rural streets.
(11) May is permissive.
(12) Parkinq shall mean parallel parking (parallel to traffic lanes).
(13)
Principal Streets ~nclude all major streets and minor collector streets as designated
on the Thoroughfare and Transportation Improvement Plan.
(14)
Right-of-Way (in this case) refers to right-of-way for streets and alleys, which
includes pavement, sidewalks, bikeways, uhlihes, and other pubhc use.
(15)
(16)
Shall is always mandatory
Sidewalk is a paved way for pedestrian traffic
(17)
Street is a way for vehicular traffic or parking, whether designated as a highway or
any of the following types:
(a)
Residential or local street serves a residential neighborhood, either a cul-de-
sac, loop or short street of restricted use
(b)
Minor collector street is to serve other residential areas primarily internal to
one neighborhood
(c)
Major collector streets collect and distribute traffic between residential, and
minor collector streets and the arterial street system.
(d)
Major and m~nor aderial streets are the backbone of the thoroughfare
system. They are area w~de or cross town thoroughfares serving
commercial land uses and commuters for the mass movement of traffic
(18)
Street W~dth shall mean the d~stance as measured from back of curb to the back of
curb in the case where there ~s no curb, street w~dth shall mean the distance
between the edges of pavement.
(19)
Thorouqhfare and Transportation Improvement Plan refers to a plan which is a part
of this section and which establishes a location for certain principal traffic ways
within the corporate limits of the City, and within the extraterritorial jurisdiction of the
City.
C. STANDARDS OF STREET CONSTRUCTION
(1) Residential Streets
Residential or local streets are restricted to cul-de-sacs, loops, or short streets with
the following add~bonal restrictions' A cul-de-sac shall not be over six hundred feet
(600') in length and shall terminate in a turnaround of not less than a fifty foot (50')
radius. A loop shall terminate in a collector street at both ends Right-of-way width
shall be not less than fifty feet (50'), and if utility easements are not provided at the
back of lots, the width shall be increased as required by the City Engineer. Street
width shall be not less than twenty- seven feet (27'). Parking may be permitted.
Sidewalks are mandatory on one s~de of the street, with the excephon of cul-de-sac
streets. Cul-de-sacs wdl be required to have a s~dewalk on one side, if needed to
provide through pedestrian movement
(2) Collector Streets
Collector streets are thoroughfares providing for two (2) to four (4) lanes of moving
traffic. It is to be distinctly understood that although parking may be permitted on the
side of such streets in their early I~fe, that the City may and will prohibit parking on
such streets when traffic conditions warrant such action Sidewalks are required on
both sides of the street
(3) Arterial Streets
Arterial streets are major thoroughfares prowding for four (4) to six (6) lanes of
moving traffic. It is to be distinctly understood that although parking may be
permitted on the side of such streets in their early life, that the city may and will
prohibit parking on such streets when traffic conditions warrant such action
Sidewalks are required on both sides of the street.
D PAVING AND REPAYING OF EXISTING MINOR STREETS
E
(1)
In the estabhshed and platted parts of the City, priority in minor street construction
wdl be determined and estabhshed from time to time by the City Council, based
upon recommendabons by the C~ty staff
(2)
Where the owners of more than fifty percent (50%) of the abutting lots along any
existing rumor street or way shall request paving or repawng of same by petition
presented to the City Councd showmg the signatures of each of the record owners of
such lots, the C~ty staff shall rewew the proposed project and present ~ts conclusions
concermng same to the C~ty Council withm forty-five (45) days The Council shall
give priority to such projects where feasible, consistent w~th the needs of the public
for safe and adequate streets and pubhc ways and the financial c~rcumstances
pertment to the project
(,3)
Paving or repavlng of existing streets shall be in accordance with plans and specifi-
cations reviewed and approved by the City Engineer or his delegate
(4)
The City Council may require the execution of a mechanic's and materialmen's lien
contract, approved by the C~ty Attorney, from the owners of at least 90% of the abut-
tmg lot owners to cover the estimated port~ons of the construchon cost for each such
lot, prior to the approval of any proposed pawng or repaying
SIDEWALKS
Sidewalks are required on both sides of all streets, with exceptions for residential streets
(see Section 3.D 1.) Sidewalks may be constructed on existing streets upon petition of prop-
erty owners (see subsection H below). Sidewalks shall be constructed in accordance with
Chapter 9, Section 8, General Requirements and Minimum Standards of Design.
(1) Clear Width
If condibons warrant the construction or placement of an obstruction within the paved
area of the sidewalk, the party responsible for placing such obstruction within the
traveled way shall ensure a clear width within the sidewalk as specified in Chapter 9,
Section 8-M.4.
PRIORITY IN SIDEWALK CONSTRUCTION
In the established and platted part of the City, priority ~n sidewalk construction will be estab-
lished by the City Council, based on recommendations of the City Manager and City Eng.-
neer. Lengths shall be one (1) block or more. F~rst consideration will be given to major
streets, second consideration to minor streets, however, no considerabon will be given unbl
petitioned by property owners representing a percentage of the front footage of the property
as estabhshed by pohcy of the City Councd, and funds are avadable. The Council may, how-
ever, at its discretion, when a s~tuat~on warrants, arrange for construction without a signed
petition.
BIKEWAYS
(1) General
Bikeways will be required in accordance with the Bikeway Master Plan. Bikeway
facihtles are planned and located to integrate with the existing City street and Park
system The facilities are strategically located on primarily a demand basis to
minimize their numbers and to provide a bikeway to certain areas or neighborhoods
w(thln the City
The developer shall be responsible for the cost of installing bikeway facilibes,
including the cost for s~gns and pavement markings If additional right-of-way or
pavement section is necessary to ~nstall a bikeway, the C~ty may participate in the
H
cost to ~nstall bikeway facd~hes ~n a manner similar to oversize partic~pahon on
streets
DRIVEWAY ACCESS LOCATION AND DESIGN POLICY
(1) General
(2)
(a)
It shall be unlawful for any person to cut, break, or remove any curb along a
street except as herren authorized
(b)
It shall be unlawful for any person to construct, alter, or extend, or permit or
cause to be constructed, altered, or extended any driveway approach whmh
can be used only as a parking space or area between the curb and private
property
(c)
Th~s sechon shall be deemed to be supplemental to other sections regulahng
the use of pubhc property, and ~n case of conflict, th~s sechon shall govern
(d)
Adequate sight d~stance shall be provided for a passenger motor vehicle
making a left or right turn ex~bng from a driveway Th~s determ~natlon shall
be made by the C~ty Engineer or h~s designee.
(e)
The specifications and guidehnes set forth ~n th~s policy are to be apphed to
driveways providing access to commercial and multifamily developments.
Single family and duplex residential driveways are excluded from this policy
unless otherwise indicated
(0
As determined by the City Engineer, engineenng judgment shall override the
recommended dimensions set forth m th~s policy if warranted by specific
traffic conditions
Location of Driveway Access
(a)
In making a determ~nahon as to the location of driveway access, the C~ty
Engineer shall consider:
0) The characteristics of the proposed use,
(ii)
The exishng traffic flow cond~hons and the future traffic demand
anticipated on the development and the adjacent street system;
(ii0 The location of the property,
0v) The s~ze of the property,
(v) The orientation of structures on the site;
(w)
The number of driveways needed to accommodate anhcipated
traffic;
(vii)
The number and location of driveways on exishng adjacent and
opposite properties;
(wu) The location and carrying capacity of intersections,
0x) The proper geometric design of driveways,
(x) The spacing between opposite and adjacent driveways,
(xi) The ~nternal circulahon between driveways; and,
(xii) The speed of the adjacent roadway.
(b)
Driveway access to arterials shall not be permitted for parking or loading
areas that require backing maneuvers ~n a public street right-of-way. Drive-
way access to collector streets for commercial or mulbfam[ly developments
shall not be permitted for parkin~ or loading areas that require backing
maneuvers in a pubhc street right-of-way.
(c)
One curb cut shall be allowed for access to single famdy and duplex resi-
dential tracts. More than one curb cut may be allowed upon approval by the
City Engineer or his designee
(d)
For corner tracts, access to res~denbal tracts shall be taken from the lesser
street. Access notes on plats shall supersede th~s requirement The deter-
ruination as to the lesser (or greater) street shall be based on AASHTO
criteria for functional street classiflcabon.
(e)
No cuts through a left turn reservoir of a median shall be permitted in order
to provide for left turn movements to driveway approaches
(f) Driveways m right turn lane transition areas shall not be permitted.
(g)
When a commercial or mulhfamily development abuts more than one public
street, access to each abuthng street may be allowed only if the following
criteria are met:
It is demonstrated that such access is reqmred to adequately serve
driveway volumes and will not be detrimental or unsafe to traffic
operations on public streets The City Engineer or his designee may
require the submittal of a traffic study which demonstrates that such
access is required.
(ii)
The minimum requirements for corner clearance for commercial or
multifamily driveways are met.
(3) Spacing of Driveway Access
(a)
Application of the driveway access location and design policy requires
~dentification of the functional classiflcabon of the street on which access is
requested and then applying the appropriate spacing requirements. The City
of College Station Streets are classified as follows:
(0 Major Arterial,
Minor Arterial,
(m) Collector, and.
0v) Local Street.
(b)
Major arterial, minor arterial, and collector streets in the C~ty of College
Station are md~cated on the Thoroughfare and Transportation Improvement
Plan. The functional classification of any street in the City not indicated as
an arterial or collector street on this plan shall be determined using the func-
bonal street classification defined by the American Association of State
Highway and Transportation Officials (AASHTO) "green book", A Policy on
Geometric Desi,qn of Hi.qhways and Streets.
(c)
Driveway access spacing shall be measured from the center line of the
proposed driveway pavement to the nearest edge of the roadway of the
adjacent or opposite driveway or street as indicated in Figure 1.
Figure I
DRIVE SPACING
Proposed
Ori¥c
(d)
Street Classification
Opposite Right Driveways shall be located no closer than the minimum
requirements of Table 1.
Table 1
Opposite Ri,qht (Downstream) Drive Spacin,q
Minimum Spacing Desirable Spacing
(Feet) (Feet)
Major Arterial 300 400
Minor Arterial 225 350
Collector 175 300
Local Street 125 225
(e)
(g)
Additional opposite right spacing over and above that set forth in Table 2
may be required if it is determined by the City Engineer or his designee that
there is insufficient left turn queue storage or weave maneuver area
between the opposite right and proposed driveway This determination shall
be made under peak traffic conditions.
A minimum of one hundred twenty-five feet (125') shall be required for
Opposite Left Drives for all street classifications.
If the centerline of an opposite ddve is less than fifteen feet (15') from the
centerline of the proposed drive, the drives form an intersection and the
minimum spacing requirements shall apply for the closest drive
(h) Adjacent drives shall be located no closer than the minimum requirements of
Table 2.
Street Classification
Table 2
Adiacent brive Spacing
!
Minimum Spacing
(Feet)
Desirable Spacing
(Feet)
Major Arterial 275 350
Minor Arterial 230 300
Collector 185 235
Local Street 150 190
(4)
(i) Freeway Frontage Road Access and Location Requirements:
(i)
Driveways shall not be closer than two hundred fifty feet (250') from
an exit ramp as measured from the striped gore of the exit ramp to
the centerline of the drive
(ii)
Driveways shall not be closer than one hundred feet (100') from an
entrance ramp as measured from the striped gore of the entrance
ramp to the centerline of the drive.
Driveways shall be located in accordance with the 'Operations and
Procedures Manual' published by the Texas Department of Trans-
portation, Sections 4-601 and 4-602.
(iv)
Permits shall be approved by the Resident Engineers Office of the
Texas Department of Transportation, in conjunction with approval by
the City Engineer.
(v) These guidelines apply to existing and planned interchanges.
(vi)
In addition to ramp spacing, driveways on frontage roads under the
jurisdiction of the Texas Department of Transportation shall also
meet the other requirements of this chapter as major arterial streets
Corner Clearance
(a)
No residential driveway approach shall be constructed within thirty feet (30')
of the corner of a street intersection. This measurement shall be taken from
the intersection of property lines at the corner
(b)
At intersections of arterials with channelized right turn lanes with yield
control, a corner clearance distance in accordance with those set forth in
Figure 2 shall be required for the first downstream driveway when adjacent
spacing requirements can't be met due to lack of frontage and all means to
acquire shared access drives or cross access easements have been
exhausted. This distance shall be measured from the channelized median to
the nearest edge of the proposed driveway as indicated in Figure 2.
DOWNSTREAM CORNER- CLEARANCE
Radius Clearance
.50 200
75 7.30
~ O0 27S
C
($)
(6)
(c)
Shared
When the requirements of Tables 1 and 2 cannot be met due to lack of
frontage and all means to acquire shared access driveways or cross access
easements have been exhausted, no commercial driveway approach may
be located closer to the corner than 75 feet on collector streets, 100 feet on
minor arterials and 120 feet for major arterials. This measurement shall be
taken from the intersection of property lines at the corner. When these
requirements can't be met due to lack of frontage, the driveway may be
located such that the radius will begin at the farthest property line.
Access
(a)
A joint pdvate access easement may be required between adjacent lots
fronting on arterial and collector streets in order to minimize the total number
of access points along those streets and to facilitate traffic flow between lots.
The location and dimensions of said easement shall be determined by the
City Engineer.
(b)
Private cross access easements may be required across any lot fronting on
an arterial or collector street in order to minimize the number of access
points and facilitate access between and across individual lots. The location
and dimension of said easement shall be determined by the City Engineer.
Geometric Desiqn of Driveway Access
(a)
(b)
All driveways shall meet the City of College Stations Standard Specifications
for Street Construction and the construction standards as set forth in
Section 9 of the Zoning Ordinance.
Curb cuts for driveways shall not be permitted in the curb return of an
intersection.
(c)
The curb retum radii for driveways Intersecting at right angles with the
roadway and without a deceleration lane shall be as follows:
(d)
Curb return radi~ for Residential (Single Famdy and Duplex) Drive-
way located on local or collector streets shall be between 2.5 feet
and 10.0 feet as shown in Figure 3. Flare type residential driveways
must also adhere to these dimensional criteria Residential Drive-
ways located on arterial streets must adhere to the specificabons set
forth in 6(c)(ii).
(ii)
Curb return radii for Commercial and Multi-famdy Driveways shall
vary between fifteen feet (15') and thirty feet (30') as shown in
F~gure 4.
Curb return radii for driveway types not included in (0 or (H) above
shall be determined by the C~ty Engineer or h~s designee
The maximum w~dth of residential driveway approach, shown m F~gure 3
and measured at the property line, shall not exceed twenty-eight feet (28') in
w~dth, while the m~mmum width shall not be less than ten feet (10') in width
Figure 3
RESIDENTIAL DRIVEWAY
~ (/~Cud:) Relum Radius (R)
Straight (late to con.ecl ~g~ac~ for Collector end Locol
Streets Is ~axlmum of
return. =~a~ 28' I0 feet and ~inlmum of
~1~. I O'
(e)
The maximum w{dth of commercial and mulh-family driveway approach for
two-way operation, shown in F~gure 4, shall not exceed thirty-s~x feet (36')
except that the City Engineer may issue permits for driveway approaches
greater than thirty-six feet (36') in width on major streets to handle special
traffic conditions The minimum width of commercial and multifamily drive-
way approach for two-way operation shall not be less than twenty-four feet
(24')
Figure 4
COMMERCIAL AND MULTIFAMILY
DRIVEWAY
A~oproach
~dth
~4in. 24'
Curb Return Radius (R)
I~axJrrium ~)f 30 (eel and
(0
(g)
(h)
(i)
The combination of two driveways for residential circular drives shall not
exceed twenty-eight feet (28').
The angle of driveway approach shall be approximately ninety degrees (90°)
for two (2) way drives and between forty-five degrees (45°) and ninety
degrees (90°) degrees for one way drives.
A minimum ddveway throat length of twenty-five feet (25') for collector
streets, forty feet (40') for minor arterials, and fifty-five feet (55') for major
arterials, as shown in Figure 5, may be required to allow for traffic entering
the site to be stored on site in order to avoid a queue of traffic from the
development from being out on the roadway causing delays to the through
traffic stream. The driveway throat length shall be defined as the distance
from the street to the first point of conflict in the driveway.
For the benefit of traffic safety and flow on collector and arterial streets,
access points may be required to be designed to prohibit certain types of
turning movements. Driveways not meeting the spacing guidelines in Tables
1 and 2 may be designed for limited access by the addition of a median to
the driveway. Examples of the types of limited access driveways recom-
mended are shown in the APPENDIX,
Figure 5
DRIVEWAY THROAT
LENGTH
Street DTL (feet)
Collector 25
Minor Arterial 40
Maior Arterial 55
Orive~voy Throa! Length (DTL)
rep.r, senls dJ~lonce from
'street lo flint poiM of
conflict.
(i)
(k)
For the benefit of traffic safety and flow on collector and arterial streets,
tapered or channelized deceleration lanes for vehicles turning right into high
volume or intersection type driveways may be required if warranted as per
the criteria set forth in the graph for warrants for right turn lanes shown in the
APPENDIX. Design of right-turn deceleration lanes shall be in accordance
with the MSHTO Green Book on auxiliary lanes.
(i)
The spacing requirements for driveways not meeting the specifica-
tions in Tables I and 2 may be lessened or waived if tapered or
channelized deceleration lanes are used.
Access points on artedal and collector streets may be required to be signal-
ized in order to provide safe and efficient traffic flow. A development may be
responsible for all or part of any right-of-way, design, hardware, and
construction costs of a traffic signal if it is determined that the signal is
necessitated by the traffic generated from the development. The procedures
for signal installation and the percent of financial participation required of the
development in the installation of the signal shall be in accordance with
criteria set forth in the City's Traffic Signal Policy
(7) Street Structures
(8)
(9)
No driveway approach shall interfere with municipal facilities such as street light or
traffic signal poles, signs, fire hydrants, cross walks, bus loading zones, utility poles,
fire alarm supports, drainage structures, or other necessary street structures The
City Engineer is authorized to order and e~fect the removal or reconstruction (~f any
driveway approach which is constructed in conflict with street structures. The cost of
reconstructing or relocating such driveway approaches shall be at the expense of the
abutting property owner.
Permits
(a)
Any plans submitted for building approval which include or ~nvolve driveway
approaches shall be referred to the City Engineer or h~s designee for
approval before a building permit ~s issued.
(b)
A written driveway permit for a new development shall be not issued or
required. Approval of driveway location and design for new properties and
other developments on a building plan or site plan shall be considered the
permit for driveway mstallahon
(c)
(d)
Any property owner desinng a new driveway approach or an improvement to
an existing driveway at an existing residenbal or other property shall make
application for a driveway permit, in wnbng, and designating the contractor
who will do the work, to the City Engineer or the building supervisor, accom-
panied by a sketch or drawing showing clearly the driveway, parking area, or
doorway to be connected and the location of the nearest existing driveways
on the same and opposite sides of the roadway. The City Engineer will
prescribe the construction procedure to be followed. (See the Building Code
for contractor's bond ana permit requirement, for work on public property.)
A permit or building/site plan approval as per the procedure of either 8(b) or
8(c) shall be required for the location of all driveways which provide for
access to property. Driveway permits will also be required for any significant
structure change, land use change, or property boundary change.
(e)
The driveway permit fee shall be set by resolution of the College Station City
Council from time to time as deemed appropriate by said council and shall
be of an amount to cover the cost of licensing and maintaining records.
All permits granted for the use of public property under the terms of this
section shall be revocable at the will of the City Council.
Appeals
(a)
Appeals of the terms of this section or of decisions of the City Engineer shall
be heard by the Project Review Committee as defined in Section 10,
Ordinance 1628, the Zoning Ordinance for the City of College Station,
Texas.
(b)
(c)
An appeal shall be made within thirty (30) days of the date of the notification
of the decision by filing with the City Engineer a notice of appeal specifying
the grounds thereof. The City Engineer shall forthwith transmit to the Project
Review Committee all the papers constituting the record upon which the
action appealed from was taken.
The Project Review Committtee may authorize on appeal a variance to the
Driveway Access Location and Design Ordinance when such variance will
not be contrary to the public interest where, owing to unique and special
conditions not normally found in like areas, a strict enforcement of the provi-
APPENDIX
WARRANT FOR RIGHT-TURN
DECELERATION LANES
600
5OO
~oo
~oo
200'
100
0o
LIMITED ACCESS DRIVEWAYS
20' a~n.~ LT~
RIGHT IN,
RIGItT OUT,
LEFT IN
I °'l RIGHT 179.
I 1[ RIGHT OUT.
I.~FT OUT
~- 18' ~n.
-fl [- ~0' r'~,~n.
sions of the ordinance by the City Engineer would result ~n an unnecessary
hardship, and so that the spnit of this ordinance shall be observed and
substantial justice done
PLANTING ON STREET RIGHT-OF-WAY
(1) Unpaved Areas
There will be no restrictions on planting and care of grass on unpaved areas, and no
permit shall be required.
(2) Obstructions
It shall be unlawful to plant flowers, shrubs, or trees to obstruct the wew of or access
to fire hydrants, mad boxes, traffic conlrol dewces, pohce or fire call boxes
(3) Permit Requirements
Other plantings will be permitted only if an application, together with a plan of plant-
rog, has been filed with the C~ty Engineer and he m turn has ~ssued a permit for such
planting
USE OF RIGHTS-OF-WAY FOR PUBLIC CONVENIENCES AND
AMENITIES AND FOR PRIVATE IMPROVEMENTS AND FACILITIES
(1) Defimtions
(a)
(b)
(c)
"Awning" means an overhead structure made of canvas or fabric that ~s
stretched over a wood or metal frame that extends beyond the exterior wall
face and is removable. Th~s definition does not include copy or logo.
"Bench" means a seating area that ~s placed for the convenience of
pedestrians and ~s located ~n proximity to mass transit stops or businesses
"Bicycle Rack" means a structure designed and used for the temporary
storage of bicycles
(d)
(e)
"City" means the City of College Station, Texas, a home-rule city.
"C~ty Engineer" means the City Engineer of the City of College Station,
Texas, or his designated representative.
(0
"CRy Planner" means the City Planner of the City of College Station or h~s
designated representative
(g)
"Facade" means an architectural treatment on the face of a building along
e~ther the front, side, or rear of a building along the right-of-way frontage
This defimt~on does not include copy
"Landscaping, permanent" means canopy and non-canopy trees and shrubs
as established in Section 11 2 of the City of College Station Zoning
Ordinance.
(i)
"Landscaping, temporary" means perenmal and flowering plants, dwarf
shrubs and ground cover.
O)
(k)
"Northgate Area" means the area bounded by Nagel Street, Umversity Drive,
Wellborn Road and the City of College Station City limits.
"Permit Holder or Perm~tee" as used in th~s ordinance means the person
owning the underlying fee t~tle to any real property upon which any public
street within the City of College Station corporate hmits is situated, or any
association or other entity acting with a lease or other express written
permission of the said fee btle owner, to make use of the property, and who
has been lawfully issued a R~ght-of-Way Improvements Permit by the City
Engineer
(I)
"Private Utihties" means utihties that have been extended to serve an entity
but have not been accepted by the'.C~ty of College Station
(m)
"Pubhc Street" means the enbre w~dth between the boundary lines of every
way which ~s held by the City m fee or by easement or dedication when any
part thereof is open to the use of the pubhc for purposes of vehicular travel,
provided the term pubhc street shall not include any designated state or
federal highway or road or any designated county road
(n)
"Right-of-Way Improvements Perrnd" means a permit ~ssued by the City
Engineer to a person who quahfles for smd permit under the terms of this
ordinance authorizing the construction. ~nstallatlon and mmntenanoe of
~mprovements m right-or-way demcated to the C~ty of College Stahon,
Texas.
(o)
"Roadway" means that pod~on of a pubhc street whmh is improved,
designed, or ordinarily used for vemcular travel, exclusive of the curb, berm.
or shoulder In the event that a pubhc street includes two or more separate
roadways, roadway means each such roadway separately
(P)
"Setback Line" ~s as defined m Section 7 of the C~ty of College Station
Zomng Ordinance
(q)
"Sidewalk" means that portion of a public street which is between the curb
lines, or the lateral lines of a roadway, and the adjacent property lines and is
~mproved and designed for or ~s ordinarily used for pedestrian travel.
(r)
"Sidewalk cafe" means an outdoor dmmg area located on a sidewalk and
containing movable tables, chmrs, planters, or related appurtenances
(s)
"Structure" means any building or pomon thereof, any obstruction that
extends above natural ground grade. Excluded from this definition are
wooden fences under eight feet (8') in overall height and masonry fences
under three feet (3') in overall height
(2) Scope
(a)
The City Council of the City of College Station acting by and through its
officml designated in paragraph (3) below may permit any person owning the
underlying fee title to any real property upon which any public street within
its corporate limits ~s s~tuated, or any association or other entity acting with a
lease or other express written permission of the said fee title owner, to make
use of the property, notwithstanding ~ts being part of a public street, for any
one or more of the following improvements or facd~bes'
(i)
the establishment or mmntenance or both of trees and decorative
landscaping, ~ncludmg landscaping lighting, watenng systems, and
other appurtenances for the maintenance thereof;
(11)
the estabhshment or maintenance or both of sidewalk cafes;
provided that a sidewalk cafe may not be enclosed by fixed walls
and shall be open to the mr, except that it may have a canopy,
provided further that a sidewalk cafe must be abutting and
conhguous to a restaurant m which food preparation, sanitation, and
related servmes for the sidewalk cafe w~ll be performed;
(iii)
the establishment or maintenance or both of ornamental gates,
columns, or other ornamental works of wood, iron, masonry, earth,
or other materials denoting the entrance to a neighborhood or a
platted and recorded subd~ws~on, provided that such improvements
(3)
(4)
(5)
may display the name of the subdivision or neighborhood but shall
not contain any commercial advertising or other signage;
(iv)
the establishment or maintenance or both of any supportive or
decorative columns, arches, or other structural or decorative feature
of any building which is ~ty (50) or more years old at the time of
filing an application for a permit hereunder and of unusual
architectural design, character, or significance or of historical value;
or
(v)
the establishment or maintenance or both of transit bus shelters,
drinking fountains, benches, and other related amenities for the
convenience of the public in the use of the public streets for
pedestrian or vehicular transportation.
Designation of C~ty Official Authorized to Make Findinqs
The City Engineer is hereby designated by the City Council of the City of College
Station, Texas, to make the findings required by law contained in paragraph (4)
below prior to the issuance of a permit authorizing the establishment or maintenance
of the improvements or facilities specified in paragraph (2) above
Findings Required
(a)
The establishment or maintenance of the improvements or facilities may not
be implemented without a finding by the City Engineer that:
(i)
the improvement or facility will not be located on, extend onto, nor
intrude upon any portion of the roadway;
(ii)
the improvement or facility will not be located on, extend onto, nor
intrude upon any portion of the sidewalk which is needed for
pedestrian use;
the design and location of the improvement or facilities includes all
reasonable planning to minimize potential harm, injury, or
interference to the public in the use of the public street or sidewalk;
(iv)
the improvement or facility will not create any hazardous condition
or obstruction of vehicular or pedestrian travel upon the public street
or sidewalk.
(b) Appeal
An applicant may appeal the decision of the City Engineer to the City
Council within ten (10) days of the denial or issuance of the permit. Failure
to appeal the action shall constitute a contractual acceptance of all
conditions imposed, and a waiver of all complaints, defects, or potential
invalidity, whether under state or federal law.
Permit Required
(a) Use Without a Permit Prohibited
It shall be unlawful for any person to install or construct or cause to be
installed or constructed, the amenities, improvements or facilities
established in paragraph (2) above within the public streets or rights-of-way
for within the corporate limits of the City of College Station without first
obtaining a permit issued by the City Engineer authorizing such
improvements or facilities.
(b) Prescribed Fee
The applicant or permd holder shall pay a fee for the right-of-way
~mprovements permit that shall be the same as that charged in Chapter 14,
Section of the City of College Station Code of Ordinances as amended from
t~me to time.
(c)
The permit shall be granted and allowed to remain in force on condition that'
(1) the applicant comphes with the regulations estabhshed by the City
Councd and contained in paragraph (7) below for the protection of the public
and utility compames and other persons or firms having the right to use the
pubhc street at the s~te of the applicant's proposed facility; (2) the site is
properly maintained and (3) the applicant owns or ~s legally authorized by
the fee simple owner of land to use his land for the estabhshment and
maintenance of the ~mprovements authorized by permd
(d) Procedure for Obtaining a permit
Application Requirements
Any person des~nng a permit authorizing the use of the public right-of-way
for the installation of ~mprovements or facd~ties within the City hmits shall file
an apphcat~on w~th the Development Servmes Department on a form
prowded by that Department The apphcant must ~nclude the following
information with the application form'
· A facihty layout plan whmh includes the ~dentity, and location of, and
gives the d~mensions of the right-of-way and the pavement edge or curb
The applicant must locate all existing traffic signs, meter boxes, light
poles, manholes, overhead electrical lines, fire hydrants, valves, and
electrical transformers contained within the right-of-way. The diagram
must include dimensions of the right-of-way and locate the facilities from
the right-of-way or back of the curb. The s~ze and material of the
facilities must be specified.
· All proposed s~gnage must be located including ~ts d~mens~ons.
An erosion control plan must be submitted w~th the application. If there
are waterway alterations proposed, a drainage report and drainage plan
must be submitted. If improvements are proposed that will alter the
drainage patterns in the area, a drainage report and drainage plan will
be required
· Apphcant must state whether there wdl be any waterway alterations w~th
a drainage report (if applicable).
· Elevation drawings of signage that include the description of material
· The location and type of plantings. All plantings must be detailed by
using both the scientific as well as common names.
Describe all work to be performed ~ncluding but not hm~ted to any
electrical work, landscaping, ~rngat~on systems, drainage work, waterway
alterations, demolition, fencing (whether wood or masonry), signs,
facades, awnings, cafe, canopy, benches, bike racks
· The cost, where applicable, of the proposed relocation of any pubhc
facilities associated with the work
· The total square footage of the site.
· Designate the party responsible for maintenance
(6)
(7)
· An estimate of the future relocation of improvements
Where applicable, the applicant must submit the following plans
electrical, landscaping, plumbing, sealed structural detads w~th
anchoring, attachment and material descripbon and/or any sealed
~rngat~on plans :
Identify all contractors and subcontractors including, but not limited to,
the master electrician, irngator, landscape architect or company, master
plumber, design engineer and/or structural engineer
(e) Inspection of Facilities
Inspections of ~mprovements shall be requested ~n accordance w~th the
Standard Budding Code as amended by the Cdy of College Stahon Code of
Ordinances
(f) Maintenance of Facdlbes
All ~mprovements shall be maintained by the person designated by the
perrmt holder ~n the perrmt apphcabon The ~mprovements shall be
maintained ~n a reasonably safe, secure and samtary manner and the s~te
shall be free of rubbish, weeds, filth or other offensive ~tems
All dead planbngs shall be removed and replaced annually
(g) Construction of Facdities
Construction and ~nstallation of improvements must comply with all
provisions of th~s ordinance as well as with the Streetscape Standards as
adopted by the City Council of the C~ty of College Station and established m
the Streetscape Study issued m December 1992 and as amended from time
to hme
Removal of Facilities
The City or any utihty company or other person authorized by the City may remove
all or any part of any facility for which a permit has been issued w~thout liability
therefor in the event of a lawful need for the site or for access thereto
Regulations
The regulations that govern the issuance and continuing vahdity of this permit as
follows
(a)
Permitee must comply with the construction, maintenance, operahon, and
~nspection reqmrements as detaded in paragraph (5) above
(,b)
Perm~tee must provide ~ndemnity agreements by abuthng fee owners, which
agreements shall be covenants running with the title of the abutting land
The applicant or permitee must provide traffic and safety studies at h~s own
expense if, and whenever, required by the C~ty Engineer
(d) Th~s permit may be terminated at the discrehon of the C~ty
(e)
All facihties or ~mprovements shall comply with the clearance required from
structures to uhlity lines as provided ~n the Standard Building Code or any
other applmable code as adopted or as amended by the City of College
Station Code of Ordinances.
(0
All facdities or ~mprovements must comply with all applicable C~ty of College
Station Codes and Ordinances ~n existence at the bme of construction,
unless specd~cally prohibited by said Codes or Ordinances
(g)
All site work, demolition and construction must comply with the Standard
Building Code as amended by the City of College Station Code of Ordi-
nances.
(h)
All drainage and waterway work rdust comply with Chapter 13 of the City of
College Station Code of Ordinances and associated Drainage Policy and
Design Standards.
(i) Permanent Si,qnage
If an identification sign is requested, a minimum of two hundred fifty (250)
landscaping points must be provided per sign. The sign may not exceed
one hundred fifty (150) square feet per sign face as measured by an
imaginary rectangle of vertical and horizontal lines that contain all
extremities of the copy and logo. The sign height cannot exceed fifteen feet
(15').
(J)
All facilities and improvements must assure that there is adequate sight
clearance for traffic and pedestrian safety
(k)
The permitee shall provide a cash or surety bond in a sum sufficient to cover
the costs of removal of its facilities or improvements by the City or any
public utility upon terms and in an amount which is approved by the City
Engineer. The bond or surety shall be submitted to the City Engineer upon
approval of the permit but prior to its issuance and prior to the
commencement of construction of any proposed improvements.
The costs of any relocation of public or private utility facilities and
improvements within the public streets which may be associated with the
installation of any permitee's authorized facilities and improvements shall be
borne by the permitee.
(m)
The City is prohibited from using any of its funds or employees for
installation or maintenance with respect to a facility operated by permit
except for inspection or removal purposes.
(n)
If irrigation and/or electrical lines are to be extended across a paved
roadway, the applicant must pay a one-time fee in the amount of Thirty-five
Dollars ($35.00) per square yard of extension area. The extension area is
equivalent to three (3) times the yard length to be installed under the
roadway. The fee will be waived if the applicant installs sleeves under the
pavement and places the irrigation and/or electrical in the sleeves.
(o)
Permitee must notify the City Engineer of any change of information
contained in the application or permit.
(P)
Permitee or fee simple owner must notify the City Engineer of any change in
fee simple ownership of the property, expiration or renewal of lease or
revocation or renewal of license agreement by fee simple owner.
(q)
This permit is valid only to whom it is issued and may not be assigned or
transferred.
(r) Permitee may not modify the improvements authorized by permit.
(8) Exemptions
The City may establish or maintain, with its funds, materials, equipment, and
personnel, any of the improvements or facilities described and shall not be required
to issue a permit for any such improvement or facility established or maintained by
the City; provided, however, that the City shall remove its improvement or facility
placed by it upon any public street if there is a lawful need for the site or for access
to the site by a utility company.
(9)
This ordinance does not require a political subdivision of this state to obtain a permit
to establish or maintain an improvement or facility authorized by other law.
Penalty for Violations
Violations of the ordinance shall be punished in accordance with Chapter 1, Section
5 of the Code of Ordinances as amended from time to time.
(10)
Invalidity
If any provision of this ordinance shall be held to be invalid, illegal or unenforceable
by a court or other tribunal of competent jurisdiction, the validity, legality, and
enforceability of the remaining provisions shall not in any way be affected or
impaired thereby.
(11)
Confhct with Other Ordinances
That all ordinances or pads of ordinances in conflict herewith are, to the extent of
such conflict, hereby repealed.
K THOROUGHFARE AND TRANSPORTATION IMPROVEMENT PLAN
(1)
A Thoroughfare and Transportation Improvement Plan is hereby established for the
City of College Station, Texas, and the area of extraterritorial jurisdiction of the City,
as shown on the map designated, "City of College Station Thoroughfare and Trans-
portation Improvement Plan" a copy of which is on file in the office of the City Plan-
ner.
(2)
Revision of the College Station Thoroughfare and Transportation Improvement Plan
shall be made only by amendment to this section, accompanied by a revised map.
L. DESIGN STANDARDS
All engineering design of streets, sidewalks, driveway approaches, drainage structures, and
utilities within street right-of-way shall conform to City engineering standards.
M. UNUSUAL CONDITIONS
The City Engineer is hereby authorized to grant, in writing, variances from the strict applica-
tion of the principles of this subsection; provided that he first determines that the following
conditions are present:
(1)
The exception or variance desired arises from peculiar conditions not ordinarily
existing in similar districts in the City, or due to the nature of the business or opera-
tion on the abutting property.
(2)
That the exception or variance desired is not against the public interest, particularly
safety, convenience, and general welfare.
(3)
That the granting of the permit for the exception or variance will not adversely affect
the rights of adjacent property owners or tenants.
(4)
That the strict application of the terms of this section will not work unnecessary hard-
ship on the property owner or tenant.
N ADMINISTRATION AND ENFORCEMENT
(1) City En.qineer Desiqnated as Enforcement Official, Powers and Duties
(a)
The C~ty Engineer ~s designated as the adm~mstrative official of the C~ty, to
administer the prows~ons of th~s se~;hon
(b)
If the City Engineer shall find or if any person files with h~m a complaint in
writing alleging that any of the provisions of this section are being violated.
he shall immedmtely investigate and when necessary, give written notice to
the person responsible to cease such violations, forthwith
(2)
(c)
Nobce may be dehvered ~n person or by certified mail to v~olator or to any
person in charge of the property where the wolahon is occurring
Penalty for V~olahon
Any person who wolates or fails to comply with the requirements of th~s section shall
be guilty of a misdemeanor and shall be liable to a fine pursuant to the General
Penalty set out in Chapter 1. Section 5, of th~s Code of Ordinances Nothing here~n
contained shall prevent the C~ty frorn taking such other lawful achon as may be
necessary to prevent or remedy any violation"
SECTION 4 ENCROACHMENTS UPON EASEMENTS
A
CITY COUNCIL TO GRANT LICENSE, FINDINGS TO BE MADE
The City Council of the C~ty of College Stahon, up~'n good cause shown, may grant a hcense
to encroach into an easement when it ~s in the opinion of the C~ty Councd that undue hard-
ship would result from requiring remedial steps to be taken to restore the easement to its
former status The C~ty Councd may consider the proposed use of the property involved,
ex~shng uses of land in the neighborhood, the utihhes located in the easement, the purpose
of the easement, and the probable effect of the encroachment upon the ~mmediate preser-
vahon of the order, public health, safety, convenience and welfare of the community. In
order for a hcense to be granted, the C~ty Council must find all of the following
That there are special c~rcumstances or cond~hons affecting the property ~nvolved
such that the strict enforcement of encroachment pohc~es would deprive the apph-
cant of the reasonable use of h~s property
(2)
That the license is necessary for the preservation and enjoyment of the substantial
property right of the apphcant
(3)
That the uhhzat~on of the easement area for the access to and the operahon of uhh-
hes, including drainage, w~ll not be ~mpa~red
(4)
That the granting of the hcense will not be detrimental to the public health, safety, or
welfare or injurious to another party in the area.
The findings, together with the specific facts upon which such findings are based, shall be
incorporated into the minutes of the meeting at which the license is considered. Licenses
not be routinely granted. When a license is granted, it will be granted if order will be
preserved and the public health, safety and welfare will not be affected Pecuniary hardship
of the applicant, standing alone, will not be deemed to constitute undue hardship.
B. SUBMITTAL OF INFORMATION
The City Engineer shall specify the ~nformahon that ~s required to be subrmtted w~th the
application
C APPLICATION FEE
An apphcation for a license to encroach shall be accompanied by a filing fee in the amount
of Two Hundred Fifty Dollars ($250.00). which is non-refundable
D LICENSE MAY BE CONTINGENT UPON REMEDIAL ACTION
If the C~ty Council so requires, a license may be granted subject to the hcensee's complehon
of all remedial achon necessary to accommodate the encroachment so the C~ty may uhlize
the area so encroached
SECTION 5: UNDERGROUND ELECTRIC UTILITY SERVICE
A. Electric Service Installation
(1)
All new electric utility service shall be installed underground in all building plots.
All lateral electric and service lines supplying electric utility service shall be placed
underground.
(2)
All upgraded electric utility service shall be installed underground in all building
plots wherever such is sound and practical from an engineering standpoint as
reasonably determined by the City.
(3)
Overhead feeder lines may be placed within dedicated easements in building
plots when determined by the City to be necessary and appropriate, pursuant to
the following criteria:
(a) Along the perimeter of the platted building plots.
(b)
Adjacent to or within the right-of-way of thoroughfares identified on the
current thoroughfare plan of the City of College Station and approved for
the location of overhead utilities.
(c)
Within alleys or other areas identified for the location of aerial utility
service on the approved building plot plat.
(4)
Prior to the issuance of a certificate of occupancy for any structure on the building
plot, the Builder shall dedicate easements upon forms approved by City for the
installation of utilities, including electric. All liens and other ownership interests
shall be subordinated to the easement use.
(5)
(6)
Where the electric service is placed underground, all street lighting and site
lighting equipment shall be placed underground except for the poles on which the
lights are to be affixed.
The Builder shall be responsible for furnishing and installing, and the expenses
related thereto, of conduit for the installation of all on-site underground develop-
ment feeder, lateral and service lines utilized to provide electric utility service to
the building plot. The specifications for the conduit shall be approved by the
Electrical Department prior to installation. The installation of the conduit shall be
inspected and approved by the Electrical Department at the time of installation.
(7)
Where electric service is placed underground, all auxiliary equipment for such
service, including but not limited to transformers, junction enclosures and
switching devices, shall be pad-mounted on grade or shall be placed
underground.
(8) Temporary utility service may be provided via overhead line extension.
Definitions
For the purpose of this section, certain words as used herein are defined as follows:
(1)
(2)
"Builder" means any person or persons, firm or corporation who applies for or is
issued a permit by the Building Official to erect, construct, enlarge, install, alter,
repair, move, improve, remove, convert or demolish any building, structure,
electrical, gas, mechanical, plumbing or fire protection system located within the
municipal corporation, City of College Station, Texas.
"Building Plot" shall mean all of the land within a project, whether one or more
lots, developed according to a common plan or design for similar or compatible
uses, which singularly or in phases is treated as such for site plan review
purposes. The determination of the boundaries of a building plot shall be made
as the first step in the site plan or project review, unless such determination has
previously been made at the time of plat approval. For development not subject
to site plan review, the building plot or premises shall be the exterior boundary of
any included lots, in the event that the structure is built upon more than one lot.
(3)
"Feeder Line" shall mean any line, wire, or cable and appurtenances which
distributes, transmits, or delivers an electric utility service from a source to a
general area or to multiple developments, and not to a specific end user.
(4)
"Lateral Line" shall mean any line, wire, or cable and appurtenances used to
distribute, transmit, or deliver electric utility service from a feeder line to two (2) or
more sites or end users of the electric utility service within a specific
development.
(5)
"Lot" as used herein is the physical and undivided tract or parcel of land as shown
on a duly recorded plat
(6)
"Service Line" shall mean any line, wire, or cable and appurtenances used to
distribute, transmit, or deliver an electric utd~ty service from a source of supply,
feeder line, or lateral line directly to an end user
(7)
"Plot Plan" is a plan showing the use of land, including locations of buildings,
drives, sidewalks, parking areas, drainage facilities and other facilities to be
constructed, and anything else in accordance with Sections 10 and 11 of the
Zoning Ordinances of the City of College Station."
(8)
"Upgraded Electric Utility Service" as used herein means any increase in electric
service capacity or any relocation of the electric service entrance.
APPENDIX 1
INTERNATIONAL BUILDING CODE ADOPTED
A booklet entitled 'International Building Code 2000 Edition' as amended and as hereafter may be
amended, at least one (1) copy of which is on file in the office of the Building Official of the City of
College Station, Texas, is hereby adopted and designated as the Building Code of the City of
College Station, Texas.
AMENDMENTS TO INTERNATIONAL BUILDING CODE
A. The above referenced Internabonal Buildinq Code ~s hereby amended as follows:
Section 101.4.1 (Electrical) shall be amended by deleting the reference to the
"ICC Electncal Code" and replacing with the "National Electrical Code, as adopted
and amended by the C~ty of College Station"
Section 105 (Permits)~s amended by adding Secbon 105.1.3 to read as follows:
105.1.3 Registration of Contractors.
Buildinq Contractors. It shall be the duty of every contractor who shall make con-
tracts for the ~nstallation or repair of buildings for which a permit is required, and
every contractor or builder making such contracts and subletting the same or any
part thereof, to register his name and license with the Building Official, giving full
name, residence and place of business, and in case of removal from one place to
another to have made corresponding change to the Building Official.
Plumbing Contractors. Plumbing contractors licensed by the State of Texas as a
Master Plumber shall register their license with the City of College Station before
a permit will be issued by the City.
Air Conditioning, Refri.qeration and Heating Contractors. Air conditioning and
heating contractors that have a State of Texas Air Conditioning, Refrigeration and
Heating Contractors License shall register their licenses with the City of College
Station before a permit will be issued by the City.
Irrigation Contractors. Irrigation Contractors who have a State of Texas License
to perform irrigation work shall register their license with the City of College
Station before a permit will be issued by the City.
Electrical Contractors. Electrical Contractors licensed by the City of College
Station as a "Master Electrician" must also register said license with the City of
College Station before a permit will be issued by the City.
Before any license is registered with the City, the applicant shall provide adequate
proof of insurance coverage for general liability and automotive liability in not less
than the following amounts:
(a) General Liability (each occurance) $300,000.00;
(b) Automotive Liability (combined single limit) $300,000.00
Section 105.2 (Work exempt from permit) is amended by deleting item number
one listed under "Building".
Section 106.1 (Submittal documents) is amended to include the following at the
end of the section and before the exception: "The design professional shall be an
architect or engineer legally registered under the laws of Texas and shall affix his
official seal to the construction decuments for the following:
1. All group A, E and I occupancies.
2. Building and structures three stories or more high
3. Buildings and structures 5,000 square feet or more in area
EXCEPTION: Group R-3 buildings, regardless of size"
Section 112 (Board of Appeals) is amended by deleting the section in its entirety
and referring to section I(A), Chapter 3, College Station Code of Ordinances.
Section 115.1 (Conditions) is amended by deleting the sentence, "Unsafe
structures shall be taken down and removed or made safe, as the building official
deems necessary and as provided for in this section." and replacing with the
following: "Unsafe structures shall be taken down, removed or made safe as
provided for in Section 1 (C), Chapter 3, Code of Ordinances."
Secbon 303.1 (Assembly Group A) is amended by adding "tutorial services" under
A-3
Section 501.2 (premises identification) is amended by deleting the section in its
entirety and replacing with the following:
"501.2 Premises identification. An official address, assigned by the building
Official or his designee, shall be provided and placed pursuant to this section in
such a position as to be clearly visible from the public street or roadway fronting
the property. Addresses placed pursuant to this section shall be a minimum four
(4) inches in height and stroke of minimum one-half (1/2) inch, composed of a
durable material and of a color that provides a contrast to the background itself.
The official address shall be placed a minimum of thirty-six (36) inches and a
maximum of thirty (30) feet in height measured from the ground level. Buildings
or structures located more than fifty (50) feet from the street curb shall have an
official address at least five (5) inches in height. Durable materials used for the
official address shall include, but not be limited to, wood, plastic, metal, weather
resistant paint, weather resistant vinyl, or weather resistant material designed for
outside use on a glass surface. For single family residences, the requirement of
this section may be met by providing a minimum of two (2) inch high numbers on
both sides of a U. S. mailbox located near the curb in front of the house, or a
freestanding structure with numbers at least four (4) inches in height.
A building complex composed of multiple structures or dwellings shall have an
official suite or unit number assigned to each building, suite or tenant as well as a
street address number. If there is sufficient street frontage, each building, suite
or tenant may also be assigned an official street address number. The official
street address number of each structure must be prominently posted on the
building so that it is visible from the nearest public street or designated fire lane.
Each number designated by the Building Official, or his designee, for each
individual suite or unit must be conspicuously posted on each suite or unit.
Commercial buildings with side or rear access in addition to the main entrance,
shall also display the business name and official address on each side or rear
door with characters at least two (2) inches in height. Residential structures
which prowde for rear vehicular access from a dedicated public alley, street or
designated fire lane shall conspicuously post an official address at least two (2)
inches in height so that it is visible from the public alley, street or designated fire
lane.
The owner or manager of a building complex, which contains an enclosed
shopping mall, shall submit to the Fire Official four (4) copies of diagrams
acceptable to the Fire Official of the entire complex, indicating the location and
number of each business. When a change in a business name or location is
made, the owner or manager shall so advise the Fire Official in writing of the
change." ,
Section 702.1 (Definitions) is amended by deleting the definition of "Fire Wall" in
its entirety and replacing with the following:
"Fire Wall. A four hour fire resistance rated wall having protected openings, which
restricts the spread of fire and extends continuously from the foundation to or
through the roof, with sufficient structural stability under fire conditions to allow
collapse of construction on either side without collapse of the wall."
10.
Section 803.4 (interior requirements based on group) is amended by adding:
"The minimum interior wall and ceiling finish requirement for all group A-
Assemblies shall be class A for vertical exits and exit passageways, exit access
corridors and other exits when the building is sprinklered."
11.
Section 901 6.2 (Fire alarm systems) is amended by deleting exception number
two.
12.
Section 903.2.2 (Group E) is amended by deleting "20,000 square feet" and
replacing with "12,000 square feet".
13. Section 903.2.2 (Group E) is amended by deleting the exception.
14.
Section 903.2.6 (Group M) is amended by deleting "three stories in height" and
replacing with "two stories in height".
15.
Section 903.2.6 (Group M) is amended by deleting "24,000 square feet" and
replacing with "12,000 square feet".
16. Section 903.2.7 (Group R-l) is amended by deleting both exceptions.
17.
Section 903.2.10 (Group S-1)is amended by deleting "three stories in height" and
replacing with "two stories in height".
18.
Section 903.2.10 (Group S-1)is amended by deleting "24,000 square feet" and
replacing with "12,000 square feet".
19.
Section 903.2 (Where required) is amended by adding Section 903.2.16 to read
as follows:
"903.2.16 Other sprinkler requirements. An automatic sprinkler system shall be
provided throughout all buildings as follows:
1. In all structures where the total building area exceeds 12,000 square feet
in area.
2. In all structures exceeding two stories in height."
20.
Section 903.3.7 (Fire department connections) is amended by deleting "building
official" and replacing with "fire official".
21.
Section 1003.2.2.4 (Increased occupant load) is amended by deleting the section
in its entirety.
22.
Section 1003.2.2.5(Posting of occupant load) is amended by adding the following
at the end of the section:
"For the purposes of this section, the occupant load shall be the number of
occupants computed at the rate of one occupant per unit of area as prescribed in
Table 1003.2.2.2."
23.
Section 1911 (Minimum slab provisions) is amended by adding Section 1911.2 to
read as follows:
"1911.2 Minimum foundation standard. All foundation shall comply with the
Minimum Foundation Standard as shown in figure 1.
Figure 1
INTERIOR BEAM
EXTERIOR BEAM
' ~:,~//" /'/"'"'t
...........
INTERIOR SLAB DROP
3ENERAL NOTES:
1.
Bar Min. Lop. Min. Radius
Size Inches of Bends
//3 12" 15/16"
2 " - 7 /4 "
//5 15" 1-9/16"
//6 20" 2- I/4"
//7 26" 2-5/8"
//8 35" 3"
Exterior beam shell extend a minimum of 6 inches into undisturbed soil or fill
which is compacted to 95% Standard Proctor (ASTM D 698) within (___) 2% of optimum
moisture content. All fill material shall have a Plasticity Index (P.I.) between 5 and 18.
2. Interior beams that exceed 60 ft. in length must be a min. of 30" deep.
3. Maximum beam spacing shall be 15 feet and shall be continuous over the length
or width of the foundation.
4. Steel to be set to clear bore earth minimum 3", wood or steel forms
by 1-1/2".
5. Minimum concrete specified compression strength shall be 5000 psi @ 28 days.
6. Masonry fireplace footings shall be o minimum of ,30" deep with 2 mats of
t¢5's @ 12" O.C. both ways.
7. These minimum standards shall apply to all foundations. Exceptions:
A. Foundations for temporary buildings and permanent buildings not exceeding one
story in height and 400 square feet in area.
B. Foundations designed by an Architect registered in the State of Texas or a
civil/structural Engineer registered in the State of Texas and approved for use
by the Building Official.
8. All foundations designed by an Architect or Engineer shall be installed as designed.
Revisions and exceptions must be submitted in writing by the Architect or Engineer
and approved by the Building Official.
Reinforcing steel shall be grade 60 (grade 40 allowed for stirrups only).
All deformations shall meet ASTM A615.
DESCRIPTION
DATE OF COI.I.F..GE STATION
~ BUILDING DMSION
MINIMUM FOUNDATION STANDARDS
24.
25.
26.
Section 2701.1 (Scope) and Chapter 35 (Referenced Standards) is amended by deleting
"ICC Electrical Code" and replacing with "National Electrical Code as adopted and
amended by the City of College Station".
Section 3409.2 (Applicability) is amended to insert the effective date of adoption.
Appendix D (Fire Districts) is hereby adopted.
AMENDMENTS TO INTERNATIONAL RESIDENTIAL CODE
The International Residential Code adopted by reference in Section101.2, 2000
International Building Code, is hereby amended as follows:
1. Section R105.2 (Work exempt from permit) is amended by deleting number one
under "Building" and replacing with the following:
"1. One single story detached accessory structure per residential lot, provided the
floor area does not exceed 120 square feet and the structure complies with all of
the following:
a. The accessory structure is not located in a surface drainage easement.
b. The accessory structure is not permanently affixed to the ground.
c. The accessory structure is located in the rear yard.
d. The accessory structure is not provided with utilities (sewer, water, gas or
electricity)."
Section R105.2 (Work exempt from permit) is amended by adding the following
under "Building".
"10. Uncovered decks not more that 30 inches above adjacent grade."
Section R105 (Permits) is amended by adding section R105.2.4 to read as
follows:
"R105.2.4 Homeowner permit. A property owner may obtain a building permit to
perform work on a building owned and occupied by him as his homestead with
out registering with the city as a contractor. However, all electrical, plumbing and
mechanical permits shall be obtained by licensed contractors."
4. Appendix G (Swimming Pools, Spas and Hot Tubs) is hereby adopted.
Section 112 (Board of Appeals) is amended by deleting the section in its entirety
and referring to section I(A), Chapter 3, College Station Code of Ordinances.
Section R310.1.1 (Minimum opening area)is amended by deleting "5.7 square
feet" and replacing with "3.33 square feet."
Section R310.1.1 (Minimum opening area) is amended by deleting the exception.
o
Section R325 (Site Address) is amended by deleting the section in its entirety and
referencing section 501.2, 2000 International Building Code as amended.
Section R403.1.3.2 (Slabs-on-ground with turned-down footings) is amended by
deleting the section in its entirety and replacing with the following:
"All slabs-on-grade with turned-down footings shall comply with the minimum
foundation standard outlined in Section 1911.2, 2000 International Building Code,
as amended."
10.
Section N1102.1.10 (Air leakage) is amended by adding the following to the end
of the section:
"Attached garages shall also have all header and top plate penetrations sealed in
accordance with this section."
11. Section N1102 (Building Envelope) is amended by adding section N1102.5 and
section N 1102.6 to read as follows:
12.
"Nl102.5 Recessed lighting fixtures. When installed in the building envelope,
recessed lighting fixtures shall comply with Section 502.1.3, 2000 International
Energy Conservation Code, as amended.
N'1102.6 Windows. Single pane windows shall not be allowed in the building
envelope."
Section Nl103.1 (Heating and air conditioning appliance and equipment
performance) is amended by adding the following at the end of the section:
"Exception. Electrical resistance heat may be used as the primary source of
heating for buildings or spaces which have five hundred (500) square feet or less
of floor area.
13.
14.
15.
16.
Section G2413.5.2 (Copper tubing) is amended by deleting said section in its
entirety.
Section G2416.4 (Test Pressure measurement) is amended by deleting the
section in its entirety and replacing with the following:
"Test pressure measurement shall comply w~th Section 406.4, 2000 International
Fuel Gas Code, as amended."
Section G2416.4.1 (Test Pressure) is amended by deleting the section in its
entirety and replacing with the following:
"Test pressure shall comply with Section 406.4.1, 2000 International Fuel Gas
Code, as amended."
Section G2437 (Clothes Dryer Exhaust) is amended by adding section G2437.5.3
to read as follows:
"G2437.5.3 Under slab installation. Exhaust ducts for domestic clothes dryers
shall be permitted to be constructed of schedule 40 PVC pipe provided that the
installation complies with all of the following:
1. The duct shall be installed under a concrete slab poured on grade.
2. The underfloor trench in which the duct is installed shall be completely
backfilled with sand or gravel.
3. The PVC duct shall extend not greater than one (1) inch above the interior
concrete floor surface.
4. The joints of the PVC duct shall be solvent cemented."
17.
18.
19.
Section P2904.5 (Water distribution pipe) is amended by deleting the reference to
PB plastic pipe and by adding the following sentence to the end of the section:
"Type M seamless copper water tube and type WM welded copper water tube
shall not be used for water distribution piping."
Section P2904.5.1 (Under concrete slabs) is amended by replacing "type M"
copper tubing with "type K" copper tubing and deleting the reference to
chlorinated polyvinyl chloride (CPVC), polybutylene (PB), and galvanized steel
pipe.
Section P2904.5.1 (Under concrete slabs) is amended by deleting the words "all
to be installed with approved fittings or bends" and replacing with "all to be
installed without joints or connections."
20.
Section P3002.2.1 is added to read as follows:
"P3002.2.1 Depth of building sewer. Building sewer pipe shall be installed with
a minimum of twelve (12) inches of cover. Where conditions prohibit at least
21
22.
23.
24.
25.
26.
27.
twelve (12) inches of cover, cast iron pipe must be used unless other approved
means of pipe protection is provided."
Section P3103.1 (Roof extension) is amended to insert six (6) in the designated
blanks.
Section E3306.2 (Conductor Material) is amended by deleting the section in its
entirety and replacing with the following:
"Conductors used to conduct current shall be of copper only."
Section E3501 (General Services) is amended by adding section E3501.8 to read
as follows:
"E3501.8 Meter mounting height. The Individual meters shall be mounted at a
height not greater than 5'-6" nor less than 4'-6" above finished grade, measured
to the centerline of the meter base. A meter pack shall be mounted with its
horizontal centerline not greater that 4'-6" nor less than 4'-0" above finished
grade."
Exception: Meters and meter packs may be mounted at a different height by
special permission of the Building Official or his designee when special conditions
make the installation at the above height impractical."
Section E3508.2.1 (Rod and pipe electrodes) is amended to allow only copper
coated electrodes.
Section E 3602.5 (Branch circuits serving multiple loads or outlets) is amended by
adding the following to the end of the section: "A circuit of twenty (20) amperes
shall not serve more than ten openings."
Table E3602.13 (Branch-Circuit Requirements - Summary) is amended by
adding the following: "Reference the 14 AWG conductor indicated in the table
with asterisks (***) and add this footnote to the bottom of the table *** Special
note - except for fixture wires in UL or other listed fixtures and equipment, no
conductor smaller than 12 AWG copper is allowed in branch circuit wiring."
Section E3603 (Required Branch Circuits) is amended by adding section E3603.7
to read as follows:
"E3603.7 Separate circuit required. A separate circuit is required for each
appliance or other load exceeding six (6) amperes."
AMENDMENTS TO INTERNATIONAL FUEL GAS CODE
The International Fuel Gas Code adopted by reference in Section 101.4.2, 2000
International Building code is hereby amended as follows:
1. Section 109 (Means of Appeal) is amended by deleting the section in its entirety
and referring to section I(A), Chapter 3, College Station Code of Ordinances.
2. Section 309.2 (Connections) is amended to delete the reference to the "ICC
Electrical Code" and replace with the "National Electrical Code, as adopted and
amended by the City of College Station."
Section 403.4.3 (Copper and brass) is amended by deleting the section ~n its
entirety.
Section 403.5.2 (Copper tubing) is amended by deleting the section ~n ~ts entirety.
Section 406.4 (Test pressure measurement) is amended by adding the following
to the end of the section:
"Diaphragm gauges meeting the following requirements shall be acceptable.
Low pressure systems - [up to and including two (2) psi.] - A Iow pressure
diaphragm gauge with a minimum dial size of three and one half inches (3 W')
with a set hand and a pressure range of not more than six (6) psi with 1/10 pound
incrementation. The minimum test pressure shall not be less than five (5) psig.
Medium pressure systems - [greater than two (2) psi up to and including five (5)
psi.] - A diaphragm type pressure gauge with a minimum dial size of three and
one half inches (3 ~") with a set hand and a pressure range not to exceed twenty
(20) psi. with a 2/10 pound incrementation. The minimum test pressure shall not
be less than ten (10) psig."
Section 406.4.1 (Test pressure) is amended by deleting the section in it entirety
and replacing with the following:
"The test pressure to be used shall be no less than twice the proposed maximum
working pressure, but no less than five (5) psig, irrespective of design pressure."
Section 406.4.2 (Test duration) is amended by deleting the section in its entirety
and replacing with the following:
"Gas piping shall withstand the required pressure test for a period of not less than
ten (10) minutes without showing any drop in pressure."
AMENDMENTS TO INTERNATIONAL MECHANICAL CODE
The International Mechanical Code adopted by reference in Section 101.4.3, 2000
International Building Code is hereby amended as follows:
1. Section 109 (Means of Appeal) is amended by deleting the section in its entirety
and referring to section I(A), Chapter 3, College Station Code of Ordinances.
AMENDMENTS TO INTERNATIONAL PLUMBING CODE
The International Plumbing Code adopted by reference in Section 101.4.4, 2000
International Building Code is hereby amended as follows:
1. Section 109 (Means of Appeal) is amended by deleting the section in its entirety
and referring to section I(A), Chapter 3, College Station Code of Ordinances.
2. Section 305.6.1 (Sewer depth) is amended by inserting "twelve (12)" in both
blanks and adding the following sentence to the end of said section.
"Where conditions prohibit the required amount of cover, cast iron pipe with
approved joints may be used unless other means of protecting the pipe is
provided."
Section 502.1 (General) is amended by deleting "ICC Electrical Code" and
replacing with "National Electrical Code, as adopted and amended by the City of
College Station."
Table 605.4 (Water Service Pipe) is amended by deleting the following materials:
"Acrylonitrile butadiene styrene (ABS) plastic pipe"
"Asbestos-cement pipe"
"Galvanized steel pipe"
"Polybutylene (PB) plastic pipe and tubing"
"Polyethylene (PE) plastic pipe"
"Polyethylene (PE) plastic tubing"
Table 605.5 (Water Distribution Pipe) is amended by deleting the following
materials:
"Galvanized steel pipe"
"Polybutylene (PB) plastic pipe and tubing"
o
Section 606 (Installation of the Building Water Distribution System) is amended
by adding section 606.7 to read as follows:
"606.7 Materials below slabs. Water distribution piping installed under slabs
shall be copper (minimum type K), cross-linked polyethylene (PEX) tubing, or
cross-linked polyethylene/aluminum/polyethylene (PEX-AL-PEX) pipe, all installed
without joints or connections. Materials subject to corrosion shall be protected
when exposed to concrete or corrosive soils."
Section 701.2 (Sewer required) is amended by deleting the section in its entirety
and replacing with the following:
"Every building in which plumbing fixtures are installed and all premises having
drainage piping shall be connected to an approved sewer. Private sewage
systems must comply with City of College Station's Code of Ordinances (refer to
Chapter 11, Section 2). All private sewage disposal systems must comply with
the latest adopted standards of the Texas National Resource Conservation
Commission and be constructed under the direction of the Brazos County Health
Department. The installer be registered with and licensed by the appropriate
authority."
AMENDMENTS TO INTERNATIONAL PROPERTY MAINTENANCE CODE
The International Property Maintenance Code adopted by reference in Section 101.4.5,
2000 International Building Code is hereby amended as follows:
1. Section 102.3 (Application of other codes) is amended by deleting the reference
to the "ICC Electrical Code" and replacing with the "National Electrical Code, as
adopted and amended by the City of College Station."
2. Section 107 (Notices and orders) is amended by deleting the section in its entirety
and replacing with the following:
"Required notices shall be issued in compliance with Section 1 (C), Chapter 3,
College Station Code of Ordinances."
3. Section 108 (Unsafe Structures and Equipment) is amended by deleting the
section in its entirety and replacing w~th the following:
"Unsafe or dangerous structures shall be abated pursuant to Section 1 (C),
Chapter 3, College Station Code of Ordinances."
Section 109 (Emergency Measures) is amended by deleting the section in its
entirety.
Section 110 (Demolition) is amended by deleting the section in its entirety.
Section 11 (Means of Appeal) is amended by deleting the section in its entirety
and referring to Section I(A), Chapter 3, College Station Code of Ordinances.
Section 302.4 (Weeds) is amended by deleting the section in its entirety.
Section 303.3 (Premises identification) is amended by deleting the section in its
entirety and referencing Section 501.2, 2000 International Building Code as
amended.
Section 303.14 (Insect screens)is amended by requiring insect screens year
round.
10.
11.
12.
Section 303.14 (Insect screens) Exception is amended by deletion the exception
in its entirety and replacing with the following:
"Exception: Screens shall not be required for spaces that contain central heating
furnaces and air conditioning equipment that mechanically ventilate said space
year round."
Section 602.3 (Heat supply) is amended by deleting the existing section, save
the exception, and replacing with the following:
"Every dwelling unit shall have heating facilities which are properly installed, are
maintained in safe and good working conditions, and are capable of safely and
adequately heating all habitable rooms and bathrooms in every dwelling unit
located therein to a temperature of at least sixty-five degrees (65°) Fahrenheit at
a distance three feet (3') above floor level. Where a gas or electric central
heating system is not provided, each dwelling unit shall be provided with sufficient
electrical outlets or gas supply outlets whereby heating appliances may be
connected so as to furnish a minimum temperature of sixty-five degrees (65°)
Fahrenheit measured at a point three feet (3') above the floor."
Section 602.4 (Occupiable work spaces) is amended by deleting the section in its
entirety.
13.
Section 604.2 (Service) is amended by deleting the reference "ICC Electrical
Code" and replacing with "National Electrical Code, as adopted and amended by
the City of College Station."
AMENDMENTS TO INTERNATIONAL ENERGY CONSERVATION CODE
The International Energy Conservation Code adopted by reference in Section 101.4.7,
2000 International Building Code is hereby amended as follows:
1 Section 502.1.3 (Recessed lighting fixtures) is amended by deleting items
number two and three under said section.
Section 502.1.4.1 (Window and door assemblies) is amended by adding the
following to the end of the section:
"Single pane windows shall not be allowed in the building envelope."
Section 502.1.4.2 (Caulking and sealants) is amended by adding the following to
the end of the section:
"Attached garages shall also have all header and top plate penetrations sealed ~n
accordance with this section."
Section 503.1 (General) is amended by adding the following at the end of the
section:
"Exception. Electrical resistance heat may be used as the primary source of
heating for buildings or spaces which have five hundred (500) square feet or less
of floor area."
H.. REGISTRATION FEES.
Registration fees for contractors shall be set by Council resolution.
TEMPORARY OCCUPANCY OF STREETS WITH BUILDING MATERIAL, ETC
1. Permit and Bond
Hereafter any person or persons, firm, or corporation desiring to temporarily
occupy any portion of any public street, alley, or sidewalk w~thin the City of
College Station for the purpose of placing thereon material or rubbish for or from
building operations, or for any purpose whatsoever connected with the erection,
removal, alteration, or repair of any building or other structure, shall apply to the
Building Official for a permit for such temporary occupation as aforesaid, and it
shall be unlawful to occupy or obstruct any street, alley, or s~dewalk, as aforesaid,
without a permit therefor from the Budding Official, which permit shall not be
issued until the person, persons, firm, or corporation applying therefor shall have
first presented a budding permit with a bond approved by the City Attorney, condo-
tioned that the principal therein wdl discharge all claims of every character arising
from or occasioned by such occupancy of such street, alley, or sidewalk or the
construcbon or repair of such building or the making of such excavation and
discharge all judgments obtained, together w~th all costs attached thereto against
the City of College Station, by reason of any such claim, ~njury, or damage
sustained, and every person or persons, firm, or corporation carrying on any such
excavation or building operation shall keep all streets, alleys, and sidewalks
adjacent to such excavations or building operations carried on by them, ~n a clean
and orderly condition, and unobstructed, except as provided herein, during such
operation, and at the expiration of the time stipulated m the permit aforesaid, they
shall restore all such streets, alleys, and sidewalks to as good condition as they
were before the beginning of such operations.
2. Requisite of Permit
Permits for temporary street, alley, or sidewalk occupancy as hereinbefore pro-
vided shall be issued by the Building Official, shall be in writing, and shall be for a
period of time not to exceed ninety (90) days, such as said Building Official may
deem expedient; provided that such time may be extended by the City Council of
the City of College Station; such permit shall specify how much of the street,
sidewalk, or alley shall be obstructed, which amount of obstruction shall be within
the discretion of the Building Official; provided that not more than one-half (1/2) of
any alley, not more than two-thirds (2/3) of any sidewalk, nor more than one-
fourth (1/4) of any street shall be obstructed.
3. Protection of S~dewalks
Wherever any port~on of any street, alley, or sidewalk shall be obstructed under a
permit as hereinbefore provided, the sidewalk or driveway thereon shall be pro-
tected by a covenng, which shall be sufficient to protect the public from danger
attendant upon such building, and a driveway and sidewalk sufficient in the opin-
ion of the Building Official, kept in good condition for travel; and a failure to
comply with this subsection shall immediately work a forfeiture of the permit given
thereunder and all the rights and privileges granted therein.
CONSTRUCTION OF SIDEWALKS AND CURBS
1. License and Permit Required
Hereinafter no person, persons, firm, or corporation shall lay, construct, budd, re-
pair, or rebuild any sidewalk, curb, gutter, or driveway on any street, alley, or thor-
oughfare within the City of College Station, without first having obtained from the
City Engineer a license to do such work, having made and executed a bond to
said City in the sum of Two Thousand Five Hundred Dollars ($2,500.00), having
paid a license fee of Ten Dollars ($10.00) per annum, and having obtained a
permit from the City Engineer to do such work. Provided, however, that for
building construction, only the construction of sidewalks, curbs, gutters,
driveways, and approaches to a building may be included in the building contrac-
tor's permit for the construction of the building if application to construct such
sidewalk, curb, gutter, driveway, and drive approach is made at the time the
building permit is applied for. Provided further, that the preceding sentence shall
allow only the building contractor himself to construct curbs, gutters, sidewalks,
driveways, and drive approaches on his building contractor's bond without the
necessity of making a separate cement bond for their construction, and the
preceding sentence shall not apply if the building contractor contracts with
another to construct the sidewalks, curbs, gutters, driveways, and approaches.
The building contractor shall have the construction of such sidewalks, curbs,
gutters, driveways, and drive approaches inspected and approved by the City
Engineer. Where the building contractor avails himself of the provisions of this
subsection, he shall be responsible for the construction and maintenance of such
concrete construction in the same manner as individuals holding a hcense to do
such concrete work, and h~s building contractor's bond shall be amended and
supplemented to comply with this subsection.
2. Requisite of License and Bond
The license hereinbefore mentioned shall be issued and approved by the City
Engineer, and before the issuance of same, the applicant shall file in the off~ce of
the City Engineer a statement of his qualifications, together with a surety bond ~n
the penal sum of Two Thousand Five Hundred Dollars ($2,500.00), conditioned
that said applicant will indemnify and save harmless the City of College Station
from any and all damages of every character arising from or caused directly or
indirectly by negligence in doing said work, or for any imperfect or inadequate
work done by the applicant, and that he will maintain said work m a good and
workmanlike state of repair for and during a period of one (I) year from and after
its completion and acceptance by the City. Said statement of qualifications
approved by the City Engineer, together with bond, and date of issuance shall be
filed by said City Engineer with the City Secretary.
The apphcant shall also state in his application for license, his place of business,
and shall notify the City Engineer immediately of any and every change in
address or style of his firm. All such bonds shall be subject to the approval of the
City Attorney, and shall run for a period of one (I) year from date, or until revoked
as hereinafter provided.
PERMIT REQUIRED FOR STREET, SIDEWALK AND ALLEYWAY CUTS
(1)
No person shall cut or in anyway damage the streets, alleyways or sidewalks of
the City of College Station for the installation of any materials and/or equipment
without a permit.
(2)
A permit to cut a street, alleyway or sidewalk shall be applied for from the C~ty
Manager or his delegate.
(3)
Any person who applies for a permit shall pay the cost of the issuance of the
permit, the repair of the street, sidewalk or alleyway and the cost of the inspection
of such repair, which fees shall be set by resolution from time to time. The City at
its option may elect for the applicant to pay the estimated costs of repairs as a
deposit prior to the issuance of the permit w~th said deposit not being less than
the m~mmum payment set out by resolution. In the event that the cost exceeds
the deposit the applicant shall remit the remainder of the cost to the C~ty. In the
event that the cost is less than the deposit, the overage shall be remitted to the
applicant.
(4)
Any person who without a permit cuts or otherwise damages a street, sidewalk or
alleyway in the installation of any materials or equipment, or refuses to pay for
repairs, shall be gudty of an offense pumshable under this Code of Ordinances.
(5)
Applicant may be authorized to make temporary or permanent repairs pursuant to
City's specifications. If the permit authorizes the applicant to make repairs, then
(6)
the applicant shall warrant the work for 365 days from the date of inspection and
acceptance by City.
Any person who fails to comply with the terms of this ordinance shall be guilty of
an offense punishable under this Code of Ordinances."
BUILDING PERMIT FEES
Building permit fees will be established by City Council resolution adopted pursuant to
Chapter 14 of the Code of Ordinances. An official copy of the latest such fees shall
remain on file in the Office of the City Secretary at all times.
M.. MANUFACTURED HOUSING TIE DOWN STANDARDS
Ties for manufactured housing shall comply with Section AE605, 2000 International
Residential Code.
APPENDIX 2
ELECTRICAL CODE AbOPTED
A booklet entitled 'National Electrical Code 1999 Edition' as amended and as hereafter may be
amended, at least one (1) copy of which is on file in the office of the Building Ofhcial of the City of
College Stabon, Texas, ~s hereby adopted and designated as the Electrical Code of the City of
College Stabon, Texas
AMENDMENTS TO NATIONAL ELECTRICAL CODE
The above referenced 'Nabonal Electrical Code' ~s hereby amended as follows.
Secbon 210-23(a) shall be amended to delete the reference to 15 ampere branch
circuits. It shall also be amended to include after the words ' are also supplied' the
following sentence- 'However a c~rcu~t of twenty (20) amperes shall not serve more
than ten openings'
Table 210-24 shall be amended by adding the following. 'Reference all 14 AWG
conductor indicated m the table with asterisks (***) and add th~s footnote at the
bottom of the table *** special note: Except for fixture w~res ~n UL or other listed
fixtures, no conductor of a size smaller than 12 AWG copper ~s allowed in residential
wiring '
Section 210-52(b) shall be amended by adding the following 'Exception No 3: A
separate circuit is reqmred for each refrigerator, deep freeze, dishwasher, disposal,
trash compactor or any other load exceeding six (6) amperes.'
4
Section 210-52(c) shall be amended by adding the following at the end of the
section 'Exception: A separate circuit is required for microwave ovens or any other
counter top appliance with a load exceeding six (6) amperes.'
5
6
Section 210-52(0 shall be amended to include after the words '. . for the laundry.'
the following sentence. 'However, a separate circuit ~s required for a washing
machine or any other laundry appliance w~th a load exceeding six (6) amperes '
Section 210-52 shall be amended by adding the following subsection: '(j) Other
Locations. A separate circuit is required for each well pump or other outdoor loads
exceeding six (6) amperes.'
7
The Electrical Code shall be amended by adding the following secbon' 230-10 Meter
Mounting Heights Individual meters shall be mounted at a height not greater than
5'-6" nor less than 4'-6" above finished grade, measured to the center line of the
meter base Meter packs shall be mounted with its horizontal centerline not greater
than 4'-6" nor less than 4'-0" above finished grade.
Exce.pti.on- Meters and meter packs may be mounted at a different height by special
permission of the Building Official or his designee when specml conditions make the
installation at the above heights impractical.
Section 230-72 shall be amended by adding section (d) to read '(d) Location. The
service disconnecting means shall be installed at a readily accessible location. Such
location shall be on the outside of commercial buildings or structures Residential
buildings may provide this disconnecting means either outside or inside the nearest
point of entrance of the service conductors '
Section 250-83(c)(1) and (2) shall be amended by allowing only copper coated
grounds
10.
11.
Section 310-2(b) shall be amended to read as follows: 'Conductor Material.
Conductors in this article shall be copper only.'
Section 333-4 shall be amended to read as follows: 'Uses Not Permitted. Type AC
cable shall not be permitted in commercial buildings as a wiring method.'
LICENSING
1. Licensin.q as Master Electrician Required
It shall be unlawful for any person to do electrical work within the City of College
Station unless such person is licensed under the provisions of this ordinance by the
City of College Station as a master electrician, or unless such electrical work ~s
performed under the personal control, supervision, d~rection and responsibility of
such a licensed master electrician. The term 'electrical work' as used in this
ordinance shall mean the installing, maintaining, altering, repairing or erecting of any
electrical wiring, apparatus, devices, appliances, fixtures or equipment for such a
permit ~s required under the terms and provisions of this ordinance, except poles and
guy anchors installed by an electric telephone, telegraph, signal or public service
company as a part of its distribution system.
2. Building Official to Administer Licensing Provisions
The Building Official shall review applicants for master electricians to determine if
their experience is such that they are qualified to perform electrical work in the City
of College Station The Building Official shall also determine when licenses shall be
revoked for cause. If the Building Official revokes a license for cause, the individual
whose license is revoked shall cease all electrical work within the City unless or until
said action of the Building Official is altered by action of the Construction Board of
Adjustments and Appeals.
3. Qualifications for Master Electrician License
Anyone desiring to qualify for a 'Master Electrician's License' shall provide in the
following manner:
(a) Applicant for License
Apply in writing to the Building Official by completing an application for
master electrician. The application shall state the qualifications and
experience of the applicant and shall be accompanied by an application fee
of Twenty-five Dollars ($25.00). (The minimum required experience shall be
four (4) years full time employment in electrical work under direct
supervision of a licensed master electrician.) Along with the application
shall be two (2) letters of recommendation. The letters shall be from master
electricians or electrical inspectors who can recommend the applicant for
registration. The applicant must also provide certification from Southern
Building Code Congress International (SBCCI) that he passed the master
electrician examination.
(b) Examination; Administration of
(c)
Take the examination required by the City of College Station and
administered by SBCCI. The exar;pinabon w~ll be g~ven four (4) times each
year, once during each quader of the calendar year
Issuance of License; Terms of
Upon cerbflcat~on by SBCCI that the applicant has passed the examinahon
and upon approval by the Building Official that the applicant is eligible for
registration as a 'Master Electrician', the applicant shall be issued said
hcense by the Building Official upon payment of a Twenty-five Dollar
($25.00) fee. Sa~d license shall be good for the period of that calendar year
unless revoked by the Budding Official and only after just cause has been
demonstrated All licenses shall expire upon the date of January 31 of the
following year m which the license was ~ssued.
C
(d) L~cense Renewals; Fee
At least one (1) month prior to the expiration date of the hcense, licensee
shall apply for renewal for the subsequent year. Unless sa~d license is
suspended or has been under suspension, the Building Official is authorized
to issue a renewal of the hcense upon payment of a renewal fee of Twenty-
five Dollars ($25.00).
(e) Inelkqibdity
Anyone licensed under the provisions of th~s or prewous ordinances per-
taining thereto who does not practice his profession w~thin the City of
College Station for two (2) consecutive years after the date he received his
license or any subsequent renewal thereof, shall not be eligible for renewal
of his I~cense. He may, at any later date, re-qualify according to the prow-
s~ons of this ordinance
Reciprocal Agreements
The City of College Station designee (Budding Official) may negotiate reciprocal
agreements with other municipalities wherein the license requirements are deemed
to be equal to those of this ordinance. Under said reciprocal agreements, a hcense
may be issued to anyone possessing a valid license in the municipality w~th which
the reciprocal agreement exists w~thout the applicant being required to take the writ-
ten and oral examinations provided for in this ordinance Sa~d applicant shall be re-
quired to fulfill all other requirements and pay all fees prowded here~n
Forfeiture Of Any Bonds
The amount realized upon the forfeiture of any bond over and above the expense
revolved m its forfeiture shall be expended m making the necessary changes in the
electric work found to be contrary to the provisions of th~s ordinance or deficient in
quahty or other particulars as specified in the contract or contracts entered into and
covered by the bond, and the unused balance, if any, shall be pa~d into the City
Treasury
ELECTRICAL INSPECTIONS AND PERMITS
When Permit Required; Exceptions
No wiring, poles, duct hne, guy anchors, apparatus, devices, apphances, fixtures or
equipment for the transmission, d~stribuhon or uhlizatlon of electrical energy for any
purpose shall be ~nstalled within the City hmits, nor shall any alterahon or addition be
made to any such existing wiring, poles, duct hnes, guy anchors, apparatus, devices,
fixtures or equipment without first securing a permit therefor from the Building
Official, except as stated in the following paragraphs
(a) Replacin,q Fuses .'
No permit shall be required for replacing fuses of hke rating or lamps or the
connection of portable appliances to suitable receptacles which have been
permanently installed or for repairs to portable appliances
(b) Replacing Flush or Snap Switches
No permit shall be required for replacing flush or snap sw~tches, receptacles,
lamp sockets, the ~nstallabon of lamps, or minor repairs on permanently
connected electrical apphances
(c) Convey~n.q S~.qnals
No permit shall be required for the mstallahon, maintenance or alteration of
w~nng, poles and down guys, apparatus, dewces, apphances or equipment
for telegraph, telephone, s~gnal service or central stahon protectwe servme
used ~n conveying s~gnals or mtelhgence, except where electrical work ~s
done on the primary side of the source of power at a voltage over 50 volts
and of more than 500 watts
(d) W~nn.q by Electric Public Service Company
No permit shall be required for the installation, maintenance or alteration of
electric wiring, apparatus devices, appliances or equipment to be installed by
an electric pubhc service company for the use of such company in the
generation, transmission, d~stnbuhon, sale or utdization of electrical energy
However, an electric public service company shall not do any w~rmg on a
customer's d~stribution system, including metenng equipment wherever
located and transformer vaults in whmh customer's transformers are located,
nor shall any of its employees do any work other than done for said company
as hereinbefore provided for by virtue of this excephon
(e) Temporary Wiring
No permit shall be reqmred for the ~nstallation of temporary w~ring, appara-
tus, devices, appliances or equipment used by a recognized electrical train-
ing school or college
(f') Railway Crossinq Skqnal Dewces
No permit shall be required for the installabon and maintenance of railway
crossing signal devices, when such is performed by due authority of the rail-
road and in accordance with the standards of the American Railroad Asso-
ciation, and m collaboration with and approval of the Department of Public
Services of the City of College Stahon
(g) Suspensions and Revocabons
(1)
The Building Official may, in writing, suspend or revoke a permit
~ssued under the provisions of th~s ordinance whenever the permit is
~ssued m error or on the basis of incorrect information supphed or
when m wolalion of any ordinance, regulation or any of the provi-
sions of th~s ordinance.
(2)
A permit may be canceled upon notificahon by the owner of the
property that the contractor is no longer employed to do work on sa~d
property after written notificabon to the Building Offlcml
(3)
Failure on the part of any licensed master electrician to correct any
defect, error or deficiency in any work installed under the authority of
an electrical permit issued to him within ten (10) calendar days after
written notification thereof from the Building Official, the Building
Official shall, without further notice, stop the issuance of permits to
such licensed master electrician until such corrections have been
made, inspected and approved. This provision shall be cumulabve
of all other penalties provided herein.
Notificahon and Final Approvals
(a) Electrician to Notify Buildin.q Official
When any part of a wire installation ~s to be hidden from view by the per-
manent placement of parts of a building, the licensed electrician to whom
the permit has been issued shall notify the Building Official The licensed
electrician to whom the permit has been issued shall g~ve the Building
Official due notice and inspection shall be made periodically during the
progress of the work, and where at the discretion of the Building Official or
his Assistant it is necessary, he shall post notice on the premises stating that
work is approved and may be covered, or ~t is not approved and may not be
covered, until such further inspechon as ~s necessary has been made Any
person removing, destroying, altering or defacing said notice without the
consent of the Building Official, shall be deemed guilty of an offense under
th~s section, and any work described in said notice shall be stayed pending
the further necessary inspection. Upon completion of the work which has
been authorized by the issuance of a permit, it shall be the duty of the li-
censed electrician, to whom the permit has been issued, to immediately
notify the Building Official, who shall inspect or cause to be inspected, such
installation within thirty-six (36) hours, exclusive of Saturdays, Sundays, and
holidays, of the time such notice is given.
(b) Final Certificates of Approval
If the work is found to be in compliance with the provisions of this ordinance,
the Building Official, subject to the other applicable provisions of this or-
dinance, shall issue a final Certificate of Approval to the public utility
company furnishing the electrical service or to the person supplying the
energy, which certification shall authorize connection of such approved work
to the source of energy of the electrical service, the turning on of the current,
and the use of the installation. No connection shall be made until such
authorization and final certificate is issued.