(a)　　　Sanitation.　 All exterior property areas shall be maintained in a clean, safe and sanitary condition, free from accumulations of rubbish, garbage, junk or waste which constitute a public nuisance, contrary to the public health, safety or welfare.　

(b)　　　Grading and drainage.　 Grading and drainage maintenance standards are as follows:　

(1)　　　All property shall be graded and maintained so as to prevent the accumulation of stagnant water thereon, or within or under any structure located thereon.

(2)　　　No filling, excavation or other improvement shall be performed or constructed on any property which will have an adverse effect on an existing drainage pattern on an adjacent property.

(c)　　　Sidewalks.　 All sidewalks, walkways, steps and areas located on all private property, other than single-family properties, and intended for public use, such as a sidewalk from a street to the front door of a dwelling or business, a sidewalk from a parking area to the primary public entry door of a business, a sidewalk in front of retail businesses such as a shopping center and other similar conditions shall be maintained by the owner and tenant of such property in a proper state of repair, free of mud, debris or other obstructions that would impair or prevent their use. The owner and tenant of private property adjacent to all sidewalks, walkways, steps and public areas located on public property shall keep such sidewalks, walkways, steps and public areas free of mud, debris or other obstructions that would impair or prevent their use.　

(d)　　　Rodent and insect control.　 Every owner and every tenant of a structure or property shall keep such property or structure free of insects, rats, fire ants, vermin or other pests which create a hazard or a nuisance to adjacent property or are otherwise detrimental to the public health, safety or welfare.　

(e)　　　Glare.　 Exterior lights placed or erected on private property shall be shielded, placed or erected so as not to create a traffic hazard or a public nuisance.　

(f)　　　Trees, shrubs and plants.　 Standards for trees, shrubs and plants are as follows:　

(1)　　　Trees, shrubs and plants shall not obstruct the access to or from any door or window of any structure which is used, or is required by city codes and ordinances to be used, for ingress and egress.

(2)　　　Trees, shrubs or plants shall not create a hazard or an obstruction and shall be maintained within the following minimum clearances:

a.　　　Overhead clearance of public sidewalks and other public pathways, seven feet vertical clearance.

b.　　　Lateral clearance of public sidewalks and other public pathways, six inches from each edge of sidewalk or pathway.

c.　　　Overhead clearance of streets, 12 feet vertical clearance.

d.　　　Lateral clearance of streets, no encroachment over or above the back of the curb or the edge of paving.

e.　　　Sight clearance at intersections of city streets, unobstructed sight distance of 200 feet.

f.　　　Sight clearance for signs erected by the city, unobstructed sight distance of 100 feet.

g.　　　Overhead clearance of public alleys and easements which have been dedicated and improved for vehicular use, 12 feet vertical clearance.

h.　　　Lateral clearance of alleys and easements which have been dedicated and improved for vehicular use, no encroachment over the edge of paving nor shall any tree, shrub or similar plant extend into the alley or easement more than 18 inches, or in any way obstruct or interfere with vehicular traffic.

(3)　　　Trees, shrubs or plants that are dead and which are hazardous to persons or property shall be removed.

(g)　　　Nuisances.　 All properties shall be maintained free of nuisances.　

(h)　　　Weeds and grass.　 Standards for weeds and grass are as follows:　

(1)　　　Weeds, grass or brush shall be maintained at a height not exceeding 12 inches.

(2)　　　All cut weeds, grass, shrubs or brush shall not be kept or allowed to accumulate on any public street, sidewalk or other public way.

(3)　　　Weeds, grass, shrubs or brush shall not be deposited in any inlet, manhole or storm sewer or sanitary sewer system.

(4)　　　The unpaved areas of the front yard shall be maintained with a grass, ground cover, or other type of landscaping to such an extent that the soil when wet will not be picked up and spread to sidewalks or adjacent private or public property and is not subject to erosion during rains.

(i)　　　Animals and pens.　 Maintenance standards for animals and pens are as follows:　

(1)　　　All animal pens, runs, exercise areas, fenced areas, houses, structures and enclosures shall be kept clean, sanitary, and free of odor and excrement and any other unsightly or objectionable matter which constitutes a public nuisance or is otherwise detrimental to the public health, safety or welfare.

(2)　　　The cleaning, skinning and processing of game shall be screened from view from public streets and all resulting waste shall be disposed of in a sanitary manner.

(j)　　　Accumulations of firewood, lumber, boxes and other materials.　 Any lumber, boxes, barrels, bricks, stones or any other character of materials which may be used as a harborage by rats, rodents or other vermin, or in which evidence of rats, rodents or other vermin is found, shall be placed on open racks and elevated not less than 18 inches above the ground, with a clear intervening space underneath.　

(k)　　　Antennas, towers, stacks and similar structures.　 Antennas, towers, stacks and similar structures must be maintained structurally sound, free of deterioration and firmly secured.　

(l)　　　Fences.　 Standards for fences are as follows:　

(1)　　　All fences shall be maintained reasonably plumb and structurally sound. Each structural and decorative member of a fence shall be free of deterioration and be compatible in size, material and appearance with the remainder of the fence.

(2)　　　A fence that has deteriorated to a condition that it is likely to fall shall be repaired or replaced.

(3)　　　Fences shall not be externally braced in lieu of replacing or repairing posts, columns or other structural members.

(m)　　　Accessory structures.　 Carports, awnings, patio covers, garages, sheds, storage buildings and other accessory structures shall be maintained structurally sound, and free of deterioration. All accessory structures shall be protected from the elements by periodic painting, staining or other weatherproofing or surface protection.　

(n)　　　Swimming pools and spas.　 Swimming pools, spas and similar structures shall be maintained safe, clean, sanitary, secure and structurally and mechanically sound in accordance with applicable codes and ordinances of the city.　

(o)　　　Parking lots, fire lanes, private drives and streets, driveways and improved parking surfaces.　 All parking lots, fire lanes, private drives and streets, driveways and improved parking surfaces shall be maintained in accordance with applicable codes and ordinances of the city.　

(p)　　　Permitted items in the front yard.　 In the R-1, R-2, R-3, R-4, R-5, R-6, D-1, D-2 and residential planned development zoning districts, no building, structure, fence, accessory object or other appurtenances, improved parking area or driveway shall be constructed, erected, placed or located in the front yard unless specifically listed in this section. Accessory objects and appurtenances not listed herein shall not be permitted in the front yards by exclusion. For purposes of this section, the term "height" shall mean that vertical dimension at any point measured from the average natural grade of the area within two feet of such point. Permitted items are as follows:　

(1)　　　Any edging for flower or hedge beds that dos not exceed 12 inches in height and is constructed of brick, stone, treated lumber or other material approved by the enforcement authority.

(2)　　　Freestanding statuaries, columns, bird baths and pedestals not exceeding 72 inches in height.

(3)　　　Lawn furniture, including benches, tables, and stools which do not exceed 42 inches in height and are designed and constructed for outdoor use.

(4)　　　Masonry, brick, concrete or stone retaining walls not exceeding 24 inches in height, provided that all requirements of the building code are met.

(5)　　　The building official may issue a permit for decorative metal or wooden banisters and handrails for uncovered steps or a ramp that may project a maximum of six feet into the required front yard provided the design and construction is consistent with the architectural design and style of the residence. Handrails and guardrails shall be constructed as required by the building code.

(6)　　　Earth berms for landscaping and screening purposes may be installed in the required front yard provided that the height of the berm shall not exceed one foot of height for each two feet of horizontal distance. Furthermore, the crown of the berm shall not exceed three feet, six inches in height.

(7)　　　Landscaping, such as trees, bushes, shrubs, plants and ground cover, cultivated and maintained in conformance with all other provisions of the comprehensive zoning ordinance, the minimum housing code, the property maintenance code and all other applicable state and local laws. For the purpose of this subsection, the term "landscaping" shall not include hardscape.

(8)　　　Driveways, circular drives, and improved parking areas may be permitted in the required front yard provided they are constructed, placed or located in compliance with the comprehensive zoning ordinance, vehicle parking code and all other applicable ordinances.

(9)　　　Address plates and security protection signs not exceeding two square feet in area.

(10)　　　Flag poles may be erected in the required front yard provided the height of the flag pole does not exceed the permitted structure height in the district in which it is located and the pole is set back a distance equal to its height from all property lines.

(11)　　　Temporary signs as permitted by the sign regulations of the city.

(12)　　　Landscape lighting which does not create an offensive glare to occupants of surrounding properties.

(13)　　　Freestanding lampposts which do not exceed ten feet in height and are set back a distance equal to their height from all property lines and does not create an offensive glare to occupants of surrounding properties.

(14)　　　Single pole basket ball goals, provided they are set back a minimum of 15 feet from the front property line.

(15)　　　Sidewalks and other hardscape in conformance with the comprehensive zoning ordinance.

(16)　　　Trash and refuse containers or other personal property placed in the front of the main building for pick up by the sanitation department as addressed in other ordinances of the city.

The maximum number of objects or items of either lawn furniture or freestanding statuary permitted in residential front yards at any one time shall not exceed five, and that the total area such objects may occupy shall be limited to a maximum of 100 square feet.

Fences located in the required front yard, which were erected without a variance, prior to the adoption of this article, may remain as erected, for a period of five years from the adoption of this article, provided that the fence is maintained in conformance with the maintenance provisions of this Code, and no change in property ownership has occurred. Upon the expiration of five years or when a change in ownership occurs, the nonconforming fence shall be removed.

(q)　　　Outside storage.　 It shall be unlawful for any person to allow, permit, conduct or maintain any outside storage on any portion of a lot or tract, outside of an enclosed structure, or under a carport or covered patio or other projecting overhang, for a continuous period in excess of seven days during a calendar year within the city. Each day during which outside storage occurs shall constitute a separate offense.　

(1)　　　Prohibited outside storage for this section shall include, but not be limited to, the following items stored in a manner other than in an enclosed building:

a.　　　Building material;

b.　　　Supplies, materials or other matter associated with a home occupation;

c.　　　Supplies, materials or other matter associated with a nonresidential activity;

d.　　　Chemicals;

e.　　　Furniture;

f.　　　Appliances not designed for outdoor use;

g.　　　Appliances designed for outdoor use but not currently installed;

h.　　　Tools, mobile and/or mechanical equipment not connected with a residential use;

i.　　　Lawn maintenance equipment;

j.　　　Motor vehicle parts and/or accessories including but not limited to engines, transmissions, electrical parts, suspension parts, vehicle body parts, batteries, tires, wheels, hubcaps and other motor vehicle parts;

k.　　　Other items or personal property which are not customarily used or stored outside and which are not made of a material that is resistant to damage or deterioration from exposure to the outside environment; or

l.　　　Trash, garbage or other refuse.

(2)　　　It shall be an affirmative defense to prosecution:

a.　　　In the case of all outside storage which is not deemed a nuisance, that such storage:

1.　　　Does not occupy more than one percent of the lot area (measured by a single rectangle that would encompass all such outside storage); and

2.　　　Is screened from view from private or public property by a solid fence, wall, landscaping or a combination of fence and landscaping.

b.　　　In the case of building material, that such material is stored in a workmanlike manner as part of, and in conjunction with, an active building permit and is in compliance with 1401.3.1 of the building code.

c.　　　In the case where the item is:

1.　　　Awaiting pickup by the city or other sanitation service;

2.　　　In a container or bag as approved by the city; and

3.　　　In an approved location for the city or other sanitation service pickup.

d.　　　In the case of furniture, that such furniture is designed and constructed for outside use, and further, that such furniture is in good condition and is not deteriorated.

e.　　　In the case of outside storage of a type not specifically mentioned in this section, that such outside storage is:

1.　　　Of a type that is minor in nature;

2.　　　Of a type and quantity which is traditionally or commonly associated with the residential use of the property;

3.　　　In combination with all other outside storage, the total does not occupy more than one percent of the lot area measured by a single rectangle that would encompass all such outside storage; and

4.　　　Screened from view from private or public property by a solid fence, wall, landscaping or a combination of fence and landscaping.

f.　　　In the case of chemicals that are associated with a residential use, stored in an appropriate manner and do not exceed a reasonable quantity needed for their residential use.

g.　　　In the case of firewood that is stored in view from private or public property, provided the firewood is stored in conformance with subsection (j) of this section and in combination with all other outside storage does not occupy more than one percent of the lot area.

(Ord. No. 1232, § 2, 1-15-1979; Ord. No. 1896-A, § 5, 7-1-1991; Ord. No. 2324, § 5, 6-16-1997)

(a)　　　Intent.　 The provisions of this section establish requirements and procedures for use of the right-of-way and are not intended to determine or limit the ability of a user of the right-of-way to seek compensation from a third party.　

(b)　　　General provisions.　

(1)　　　A person shall apply for a permit and receive authorization prior to the installation and maintenance of a facility within the public rights-of-way, except as provided herein. No construction or installation of facilities may begin within the public rights-of-way without a construction permit issued by the city, unless otherwise provided in this chapter.

(2)　　　The person shall prominently post notice at the area the permit that was issued by the city in a manner that protects the permit from damage due to weather.

(3)　　　Notice to property owners, abutting property owners, and occupants.

a.　　　When practical, notification to the property owner and abutting property owner of any undeveloped property adjacent to the public rights-of-way shall be made at least two business days prior to the commencement of work, except as otherwise provided herein. In the event that the property owner cannot be located, the person shall contact the city, which will satisfy the notification requirement.

b.　　　No notice is required for installation, maintenance, repair, or replacement of facilities that do not require a permit as outlined in this chapter.

c.　　　A person must notify the owner/occupant of single-family dwellings or the building manager of any other building of proposed work on or adjacent to their property at least two business days prior to the commencement of the work, unless the proposed work is an emergency as defined in this chapter. Emergency notification shall be provided as soon as practicable.

(4)　　　All construction shall conform to North Central Texas Council of Government (NCTCOG) Standard Specifications for Public Works Construction, unless otherwise provided on the plans authorized by the city.

(5)　　　The public rights-of-way must not be impaired in any manner that obstructs the natural free and clear passage of water through the gutters and other waterways without prior authorization from the city. Facilities shall not be installed in locations where facilities would obstruct, restrict, or inhibit the flow of storm water.

(6)　　　All construction sites are subject to hazardous material guidelines for data collection; disposal, handling, release, and treatment of hazardous material; site remediation; and worker safety and training. Should hazardous materials be discovered on site or if hazardous materials are introduced to the permit area, the city shall be notified immediately.

(7)　　　When construction requires pumping water or mud, the water or mud must be contained in accordance with city, state and federal laws.

(8)　　　Private vehicles, exclusive of equipment used to complete the work, may not park within or next to a permit area, unless parked in conformance with city parking regulations. The loading and unloading of trucks must be done solely within the defined permit area unless otherwise specifically authorized by the permit.

(9)　　　The person shall maintain a clean work site. All debris, excavated material not used in the backfill, or other material not essential to the work being performed shall be removed from the site daily, unless otherwise authorized by the city. All excavation shall be protected from the public. Excavated material that is not used in the backfill shall be removed on the day of excavation. The city manager may grant extensions to this provision.

(10)　　　Storage of materials on areas not included in the permit issued by the city shall be prohibited, unless otherwise provided in this chapter.

(c)　　　Placement of facilities within the public rights-of-way.　

(1)　　　The city shall have the first right to place its utilities within the public rights-of-way. The city reserves the right to:

a.　　　Laid sewer, water, and other pipe lines or cable and conduits;

b.　　　Do underground and overhead work;

c.　　　Restructure or change city-owned aerial facilities, in, across, along, over, or under a public street, alley or public rights-of-way occupied by existing facilities; and

d.　　　Change the curb, sidewalks, medians, grade of streets and alleys, or to do other public improvements within the public right-of-way.

(2)　　　The person shall not locate its facilities within the public rights-of-way until the city has reserved the necessary area for future city-owned facilities.

(3)　　　The city may authorize the horizontal and vertical location of person proposed facilities in or over the public rights-of-way among users of the public rights-of-way with due consideration to the public health and safety considerations of each user type, and to the extent there is limited space available for additional uses, may limit new uses, as allowed under state and federal law. If the city determines that the proposed facility cannot be placed within a right-of-way without adversely affecting the integrity of an existing or future facility owned by the city, the city shall have the right to deny the installation of a new or replacement facility within the said right-of-way and may provide assistance in identifying alternative locations for the said facility.

(4)　　　In those areas where the existing facilities are underground or where there are no existing above ground facilities, except street lights and associated wires and structures necessary for traffic or fire safety, a person shall be required to place facilities underground within the public right-of-way.

(5)　　　In those areas where the existing facilities are above ground, a person may place the facilities above ground and installation of such facilities shall follow these criteria:

a.　　　If the proposed facilities are wires or cables, said aerial facilities shall be installed on existing poles. Installation of a single new pole shall be permitted to provide service to an individual property.

b.　　　The facility shall not block sidewalks, pedestrian pathways, or vehicular access to utility easements;

c.　　　The facility shall not inhibit the placement of a sidewalk or pathway where sidewalks or pathways presently do not exist.

d.　　　The facility shall not inhibit or obstruct drainage.

e.　　　The facility shall not obstruct pedestrian or vehicular traffic; obstruct pedestrian or motorist visibility of other pedestrians, other motorists, or other objects in the public rights-of-way, including traffic control devices.

f.　　　The facility shall not be placed in or directly adjacent to city parks or medians unless authorized by the city council.

g.　　　Landscaping and/or screening for any above ground facility shall conform to the landscaping requirements as outlined in this chapter.

(6)　　　In addition to other requirements provided in this chapter, the city shall have final authorization on the location of the said facility. If the city determines that the facility will have a detrimental effect on the area due to noise, appearance, or incompatibility with the area, or will be a hazard, which may include, but is not limited to, obstructing visibility, then the city shall require that the facility be located at another location.

(d)　　　Placement requirements for the installation of structures in public rights-of-way.　

(1)　　　The city has obtained public rights-of-way for streets, bridges, traffic signs and signals, sidewalks, water lines, sanitary sewer lines, storm sewer pipes, and other city related purposes. Historically, the city's limited rights-of-way have been made available for the installation of private utility poles, wires, cables, and pipes to serve property owners within the city. The city will consider allowing structures within the public rights-of-way when the placement does not:

a.　　　Adversely affect neighborhood appearance; or

b.　　　Restrict to an unacceptable level the use of the public rights-of-way by the city; or

c.　　　Reduce property values.

(2)　　　General requirements.　 When placing structures within the public rights-of-way, the person shall comply with the following general requirements:　

a.　　　Placement of structure, including the foundation and required landscaping shall not:

1.　　　Inhibit access to existing city facilities, which may include, but are not limited to, streets, bridges, traffic signs, signals, and signal boxes, sidewalks, pedestrian pathways, water lines, sanitary sewer lines, and storm sewer pipes; and

2.　　　Be within a 25-foot clear sight triangle at intersections; and

3.　　　Be within a 25-foot clear sight triangle at driveways excepting structures along streets that have a maximum 36 inches in height and 18 inches in diameter and structures that have a maximum height of 36 inches unless otherwise specifically authorized by the city; and

4.　　　Be placed above water lines and appurtenances; and

5.　　　Be placed above sanitary sewer lines, storm sewer lines, and appurtenances unless specifically authorized by the city; and

6.　　　Block sidewalks, pedestrian pathways, or vehicular access to utility easements; and

7.　　　Inhibit the placement of a sidewalk or pathway where sidewalks or pathways presently do not exist; and

8.　　　Inhibit vehicular access to utility easements; and

9.　　　Be placed in, directly adjacent to, or otherwise adversely impact the character, view, or appearance of city parks or medians unless authorized by the city council.

b.　　　Placement of structure shall:

1.　　　Be a minimum of three feet from the back of curbs, water meters, water valves, sanitary sewer cleanouts, manholes, and other facilities; and

2.　　　Be a minimum of ten feet from fire hydrants; and

3.　　　Be a permanent color such that attention is not drawn to the structure. If the structure is plastic, the color shall be impregnated into the plastic. If the structure is metal, the color shall be factory anodized or baked onto the metal. Field painting on initial installation of the structure is not permitted.

4.　　　Be installed in areas that minimize the obtrusiveness of the structure.

(i)　　　The person may be required to screen the structure by utilizing existing landscaping, hardscape, or fencing.

(ii)　　　If the existing landscaping is insufficient to provide screening or if no landscaping exists, the city may require that the structure be screened with authorized landscaping or hardscape to reduce the visual impact of the structure. Such hardscape or landscape shall be compatible with the existing landscaping and hardscape materials in the vicinity.

(iii)　　　Subsections (i) and (ii) above shall not apply to structures having maximum dimensions of 18 inches × 18 inches × 36 inches that are located in the rear utility easement. For the purposes of this section, a rear utility easement shall be defined as the utility easement parallel and behind the generally recognized entrance to the building.

(iv)　　　The city manager may consider granting a waiver to the screening requirement if the person applies for an exception. Such application shall be made in writing.

(3)　　　Specific requirements.　 In addition to the general requirements identified above, the person shall conform to the following specific requirements when placing structures 18 inches x 18 inches x 36 inches or smaller:　

a.　　　If the structure serves only one property, said structure must be placed in the utility easement immediately adjacent to or on the property being served as close to the extension of the property line as possible. The structure shall not be placed on an adjacent property unless authorized by the city.

b.　　　If the structure provides service to two adjacent properties, the structure shall be placed in the utility easement as close to the extension of the property line as possible.

c.　　　The structure must be placed in a rear utility or alley easement, if it exists. For the purposes of this section, a rear utility easement shall be defined as the utility easement parallel and behind the generally recognized entrance to the building. In the event that no rear utility or alley easement exists or is available adjacent to the property being served, the structure may be placed in other existing utility easements on the property. If there are no other existing or available utility easements on the property, the structure may be placed in the street right-of-way.

d.　　　For properties that are located on street corners, the structure shall be placed in the utility easement in the generally recognized side street behind the extension of the front of the building.

(4)　　　In addition to the general requirements identified above, the person shall conform to the following specific requirements when placing structures larger than 18 inches × 18 inches × 36 inches but not to exceed 24 inches deep by 65 inches high by 60 inches wide:

a.　　　The structure must be placed in a rear alley or utility easement as close to the extension of the property line as possible unless, in the determination of the city, that another location is appropriate. In the event that no rear utility or alley easement exists or is available, the structure may be placed in public right-of-way of the streets, with first consideration given to the public right-of-way of side streets, followed by public right-of-way of undivided streets, then public right-of-way of divided streets.

b.　　　A person may not place more than one structure within 300 feet of another structure in the rear public right-of-way, except those 18 inches × 18 inches × 36 inches and smaller unless the city manager has granted an exception.

c.　　　A person may not place more than one structure within 1,000 feet of another structure in the public right-of-way in front of the generally recognized entrance to the building, except those 18 inches × 18 inches × 36 inches and smaller unless the city manager has granted an exception.

d.　　　For placement of structures on corner properties, the structure shall be placed behind the generally recognized front yard setback.

e.　　　A person may replace a structure existing at the time of adoption of this chapter with a like structure, whose total dimensions do not exceed 125 percent of the total volume of the original structure.

(5)　　　The city manager may grant minor deviations to the aforementioned placement and maximum dimension requirements for the installation of structures in public rights-of-way, including utility easements and alleys, provided that the intent of the requirements is achieved. The city manager may also consider specific requests from the property owner(s) being served or from property owner(s) adjacent to the property being served. The city manager reserves the right to forward such requests for deviations to these requirements to the city council for consideration and final determination.

(6)　　　The public rights-of-way, including utility easements and alleys, generally will not accommodate structures larger than 24 inches deep x 65 inches high by 60 inches wide. In certain unique circumstances, the public right-of-way may accommodate a structure that exceeds the maximum dimensions. The city manager is authorized to consider requests for placement of structures in such locations consistent with the requirements of this chapter. Specific conditions that are consistent with the intent of the requirements of the ordinance may be placed on structures placed under this provision.

(e)　　　Locates.　

(1)　　　Of city facilities.　

a.　　　Prior to any construction or installation of facilities in the public rights-of-way and utility easements, the city's water lines, sanitary sewer lines, storm sewer lines, traffic signal conduits, and irrigation lines shall be located in the field by the appropriate city personnel. It is the sole responsibility of the person to contact the city and obtain a locate of city facilities.

b.　　　The person shall designate a representative that will be present at the time each city facility is located and the appropriate city personnel shall sign on the permit that each facility has been located. Requests for locates shall be made not less than two business days in advance.

c.　　　When the city locates its facilities, the location shall identify the approximate horizontal location of the facilities. The person shall be responsible for field verification of all actual locations of the facilities and shall exercise extraordinary care when working in the vicinity of these facilities to avoid damaging them. The city shall not be liable for any damage to its facilities as a result of the locates and the person shall be liable for damages as provided in this chapter.

(2)　　　Of non-city owned facilities.　

a.　　　From time to time, the city may request identification of the specific location of person's facilities. The person shall respond to such request within two business days of the receipt of the request. In the event the person fails to provide the necessary information, and damage is caused to person's facilities as a direct result of withholding said information, the person shall hold the city harmless from all liability, damage, cost, or expense resulting from any city action in this regard unless such damage was caused solely by the negligence or willful misconduct of the city or its agents.

b.　　　In addition to providing the location of person's facilities, the person shall be responsible to contact all other users of the public rights-of-way, either individually or through a state-sponsored third party one-call system, for on-the-ground locations of all non-city lines prior to construction, reconstruction, maintenance, operations, and repair of person's facilities.

(f)　　　Construction in the rights-of-way.　

(1)　　　The city may establish conditions to minimize any such interference with the use of public and private property and may include requirements for trenchless construction, traffic control, and construction hours.

(2)　　　Trenchless construction.　 Trenchless construction shall be required when installing facilities under driveways, streets, trees and landscaped areas within the City of Farmers Branch and when such use is practical. The city shall consider exceptions to this requirement on a case-by-case basis. All excavations and other construction in the public rights-of-way shall be conducted so as to minimize interference with the use of public and private property. A person shall follow all construction directions given by the city in order to minimize any such interference.　

(3)　　　Traffic control.　

a.　　　Traffic control and barricading is the responsibility of the person performing the work and must conform to the Texas Manual on Uniform Traffic Control Devices.

b.　　　In order to maintain the highest possible level of traffic flow through areas involving lane closures and to ensure the safety of vehicular and pedestrian traffic, as well as for those working, the following requirements will apply when streets are closed:

1.　　　The person shall provide the traffic barricade plan to the city inspector prior to the closing of the street;

2.　　　The person shall provide sufficient number of workers on site so that flagging and directing of traffic is conducted at all times during the closure;

3.　　　No more than one lane of a two-lane street may be closed at a time unless otherwise authorized by the city;

4.　　　For streets with four or more lanes, no more than one lane in either travel direction shall be closed at a time without specific authorization from the city.

5.　　　The trenches shall be covered with a steel plate at the end of each workday to allow the street to be opened to traffic unless otherwise authorized by the city;

6.　　　The length of open trench shall not exceed that which can be closed within one day or shall not pose a danger to pedestrians, vehicular traffic, or existing utilities.

(4)　　　Construction hours.　

a.　　　Except in emergencies, construction on weekends and holidays, regardless of the hour, shall be prohibited without prior written permission of the city. Requests for permission to work on weekends, holidays, or during hours other than those listed below must be submitted not less than two business days prior to the desired date and time of the proposed work. The person will be responsible for any and all costs including overtime, associated with city employees being at the work site during hours other than those listed below.

b.　　　Boring and excavation operations in the public rights-of-way shall only take place between 7:00 a.m. and 4:00 p.m., without prior permission from the city, which may include the city engineer or his designee.

c.　　　No lanes on thoroughfares shall be blocked from 6:30 a.m. to 9:00 a.m. and 3:30 p.m. to 6:30 p.m., Monday through Friday, without prior permission from the city, which may include the city engineer or his designee.

(5)　　　Boring and excavation.　

a.　　　No public rights-of-way shall be encumbered by construction, maintenance, removal, restoration, or repair by a person for a longer period than shall be necessary to execute such work.

b.　　　All borings shall be made with traceable and steerable boring or tunneling equipment.

c.　　　All bores eight inches in diameter or greater shall have pressure grouting in the void between the borehole and the conduit within the bore. Refer to exhibit "A" following this section.

d.　　　Where trenches cross streets, the following provisions apply:

1.　　　The width of pavement to be removed from a trench shall be a minimum of three feet wider than the trench width and the edge of the trench shall be a minimum of 12 inches from the edge of the street pavement or curb. Refer to exhibit "B" following this section.

2.　　　Pavement shall be saw cut the full depth of the pavement prior to removal. The saw cut shall not be closer than three feet to an existing joint in the pavement. If a saw cut is to be closer than three feet, then the pavement shall be removed and replaced to the existing joint.

3.　　　The person shall place temporary pavement repairs that will allow for safe vehicular and pedestrian traffic within two business days. Permanent new pavement shall be placed within 14 working days after the installation of the facilities with concrete that attains a compressive strength of 3,000 p.s.i. within 72 hours. The concrete shall be covered with a steel plate, which shall not be removed until the required strength is attained. If the width of the new concrete is too great to be covered with a steel plate, then a concrete that attains a compressive strength of 3,000 p.s.i. within 24 hours must be used and the street shall not be re-opened to traffic until the required strength has been attained.

(6)　　　Inspections.　 The person shall make the work site available for inspection at all times during the performance of and upon completion of the work. The city may issue a stop-work order to the person for any work that violates the terms of the permit, other applicable standards, conditions, codes, or poses a threat to the life, health, safety, or well being of the public. The order shall state that failure to correct the non-conformance will be cause for revocation of the permit. Within 72 hours after issuance of the stop-work order, the person shall present proof to the city that the violation has been corrected. If such proof has not been presented within the required time, the city may revoke the permit pursuant to this chapter.　

(g)　　　Restoration of the rights-of-way.　

(1)　　　Manner and extent.　 The city shall have the authority to prescribe the manner and extent of the restoration of public rights-of-way. Property affected by the construction must be restored to a condition that is at least equal to the condition of the property prior to the performance of the work.　

(2)　　　Deadline for relocation or replacement.　 Relocation or replacement of all existing items such as, but not limited to, signs, trees, ground cover, and landscaping shall be replaced as soon as is reasonably possible, but in no instance more than 21 days after the completion of the work.　

a.　　　The 21-day period shall be extended for days that the person is unable to perform the work due to unfavorable weather conditions.

b.　　　In the event the restoration is scheduled to take longer than 21 days for any other reason, the city may grant permission to exceed 21 days. If the city determines the delay in restoring and maintaining the public rights-of-way after such excavations and/or repairs have been made to be unreasonable, the city shall have the right to restore or repair the same.

c.　　　If the person fails or refuses to act, the person shall be required to pay the costs incurred by the city in restoring the public right-of-way.

d.　　　Restoration of the public right-of-way conducted by the city pursuant to this subsection shall not subject the city to pay compensation to the person nor shall the city incur liability for any damages.

e.　　　In the event the city determines that person's use of any of city's public rights-of-way as set forth in this chapter pose an immediate danger to the health, safety, or general welfare of the public, the city shall have the right to restore or repair the same and shall require the person to pay the city reasonable costs incurred regarding same.

f.　　　Backfilling and leveling of excavations and disturbed areas are to be done within 24 hours of completing the work for which the permit was issued. All soil beneath sidewalks, street pavement, and behind curbs is to be compacted in conformance with the NCTCOG Standards Specifications for Public Works Construction prior to the placement of new pavement.

(3)　　　Irrigation, landscaping and tree trimming.　

a.　　　Irrigation.　

1.　　　Unless otherwise provided in writing by the city, the person shall keep all irrigation systems operational throughout construction. Any damage to irrigation systems shall be repaired by a licensed irrigator within two business days unless approved by the city. The person shall replace, in like kind and quality, any vegetation, including grass, ground cover, shrubs, trees, and flowers lost due to inoperable irrigation systems that result from any action of the person within 45 days after completion of the work.

2.　　　The person may be required to install a new irrigation system or an extension of the existing irrigation system if the facility is placed so that the existing or surrounding landscaping cannot be serviced by the existing irrigation system. The person shall coordinate with the owner of the system when installing or extending irrigation systems.

3.　　　A person shall not be required to install irrigation system in locations where irrigation currently does not exist.

b.　　　Landscaping.　

1.　　　Any disturbed landscaped areas are to be restored.

2.　　　Landscaping shall be restored using appropriate methods and quality to that which was existing prior to construction.

3.　　　The city shall consider exceptions or reasonable alternatives to this requirement.

c.　　　Tree trimming.　

1.　　　No trees shall be trimmed or removed without the approval of the city, except in emergency as provided herein. The person shall be liable for the cost of replacing any tree damaged or removed without the city's approval. Upon approval by the city, the person may trim trees in or over the public rights-of-way for the safe and reliable operation, use, and maintenance of its facilities. All trimmings shall be performed in accordance with American National Standards Institute (ANSI) 1995 standards for tree care operations. The cost of such trimming will be the responsibility of the person.

2.　　　The person shall remove any tree-trimmings within one business day of trimming for routine work. No trimmings shall be left on any paved surfaces. Should the person fail to remove such trimmings, the city may remove the trimmings or have them removed, and upon receipt of an invoice from the city, the person shall promptly reimburse the city within 45 days for all costs incurred as a result of removing said trimmings.

3.　　　Except as provided herein, for tree trimming completed during an emergency, the trimmings shall be removed as soon as practicable after the cessation of the emergency. The person shall advise the city of the schedule for removing said trimmings. Nothing herein shall prevent the city and the person from developing a program to trim trees and remove trimmings during emergency situations.

4.　　　The person shall notify the occupant of the property prior to cutting any limbs from the trees except during emergencies. Any notice provided to inform occupants of tree trimming shall prominently state that the said trimming will be performed with no charge.

(Ord. No. 2625, § 13, 9-9-2002)