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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 21RIGHT OF WAY
SUBCHAPTER CUTILITY ACCOMMODATION
RULE §21.37Design

  (5) A utility shall verify the department's right of way line on the ground and procure any additional surveys required by the department before installing the utility facility.

  (6) As-built plans or certified as-installed construction plans must include the installed location, vertical elevations, and horizontal alignments of the utility facility based upon the department's survey data, the relationship to existing highway facilities and the right of way line, and access procedures for maintenance of the utility facility. All as-built plans must comply with ASCE guidelines and standards. As-installed construction plans certified by a utility or its representative shall be submitted to the department for each relocation or new installation. In the alternative, if approved by the director of the Maintenance Division or Right of Way Division, a district may require a utility to deliver either as-installed construction plans that are certified by an independent party or final as-built plans that are signed and sealed by an engineer or registered professional land surveyor. In determining whether to authorize a requirement for independently certified or signed and sealed plans, the director shall consider:

    (A) the amount of available right of way or the proposed utility facility's proximity to department facilities and other utility facilities that may be impacted;

    (B) the type of utility facility; and

    (C) past performance of the utility in providing accurate location data and conformance with its certified as-installed construction plans.

  (7) If approved by the director of the Maintenance Division or the Right of Way Division, a district may require a utility to deliver plans that are signed and sealed by an engineer. In determining whether to authorize a requirement for signed and sealed plans, the director shall consider:

    (A) the amount of available right of way or the proposed utility facility's proximity to department facilities or other utility facilities that may be impacted;

    (B) the complexity of required traffic control plans;

    (C) the type of utility facility;

    (D) whether the installation or adjustment activity requires a storm water pollution prevention plan; and

    (E) the utility's past performance in providing accurate location data and conformance with its construction plans.

(d) Tunnels and bridges.

  (1) Fuel tanks, including storage tanks for petroleum or compressed gases, may not be within 100 feet of a highway structure.

  (2) In providing a utility tunnel or utility bridge, the requirements in subparagraphs (A) - (I) of this paragraph apply.

    (A) Mutually hazardous transmittants, such as fuels and electric energy, shall be isolated by compartmentalizing or by auxiliary encasement of incompatible carriers.

    (B) The utility tunnel or utility bridge structure shall conform in design, appearance, location, bury, earthwork, and markings to the culvert and bridge practices of the department.

    (C) Where a pipeline on or in a utility structure is encased, the encasement shall be effectively opened or vented at each end to prevent possible build up of pressure and to detect leakage of gases or fluids.

    (D) Where encasement is not provided for a pipeline on or in a utility structure, additional protective measures shall be taken, such as employing a higher factor of safety in the design, construction, and testing of the pipeline than would be required for cased construction.

    (E) Broadband service, communication, and electric power lines shall be insulated, grounded, and carried in protective conduit or pipe from the point of exit from the ground to reentry, and the cable carried to a manhole located beyond the backwall of the structure.

    (F) Carrier pipe and encasement for gas, liquid petroleum, hazardous product, and water lines shall be insulated from electric power line attachments.

    (G) Sectionalized block valves shall be installed in lines at or near ends of utility structures, pursuant to 49 CFR §192.179, Transmission Line Valves, unless segments of the lines can be isolated by other sectionalizing devices within a distance acceptable to the department.

    (H) Any maintenance, servicing, or repair of the utility facilities is the responsibility of the utility.

    (I) The utility shall notify the district 48 hours in advance of any maintenance, servicing, or repair; however, in an emergency situation, the utility shall notify the district as soon as practicable.

  (3) If a utility facility exists on the utility's own easement and it would be more economical to the department to adjust the utility facility across a highway by use of a utility tunnel or bridge rather than to provide separately trenched and cased crossing, consideration should be given to provision of such a structure. Where the utility facility was placed through an approved use and occupancy agreement and the adjustment of the utility facility is the sole responsibility of the utility, the department may allow for the provision of a utility structure without cost to the department, provided the conditions outlined in subsection (a) of this section and all other pertinent requirements are met. If a structure is to serve as a joint utility/pedestrian crossing or a joint utility/sign support structure, the department will participate to the extent necessary for accommodation of pedestrians or highway signs only.

(e) Joint use of utility and highway structures.

  (1) The attachment of utility facilities to bridges and grade separation structures is prohibited if other locations are feasible and reasonable.

  (2) Where other arrangements for a utility facility to span an obstruction are not feasible, the utility may submit a request to the district for attachment of the utility facility to a bridge structure through a bridge attachment agreement. Each attachment will be considered on an individual basis, and permission to attach will not be considered as establishing a precedent for granting of subsequent requests for attachment.

    (A) When it is impractical to carry a self-supporting communication line across a stream or other obstruction, the department may permit the attachment of the utility facility to its bridge. If approved on existing bridges, the utility facility shall be enclosed in a conduit and so located on the bridge structure as not to interfere with stream flow, traffic, or routine maintenance operations. When a request is made before construction of a bridge, if approved, suitable conduits may be provided in the structure if the utility bears the cost of all additional work and materials involved.

    (B) If it is the department's responsibility to provide for the adjustment of telephone lines or telephone conduits to accommodate the construction of a highway and the adjustment provides for the placement of telephone conduits in a bridge, the department will allow a reasonable number of spare telephone conduits in the structure if the spares are placed at the time of construction and the telephone company bears the cost of the spare conduits.

    (C) A utility may not attach a utility facility to a bridge without the written approval of the executive director.

    (D) Power lines carrying greater than 600 volts are prohibited on bridges.

    (E) When a utility is granted permission to attach a utility facility to a proposed bridge prior to construction, any additional costs associated with the design or construction to accommodate the utility facility are the responsibility of the utility.

    (F) A utility requesting permission to attach a utility facility to an existing bridge shall submit sufficient information to allow the department to conduct a stress analysis to determine the effect of the added load on the bridge structure. The department may require other details of the proposed attachment as they affect safety and maintenance.

    (G) A utility shall ensure that water and wastewater facilities attached to a bridge are not susceptible to leaks and do not damage the highway facility. The utility shall ensure that all utility facilities attached to a bridge do not adversely affect the serviceability of the bridge. As-built plans of the attached utility facility must be signed and sealed by an engineer.

(f) Aesthetics. A utility shall notify the department before removing, trimming, or replacing trees, bushes, shrubbery, or any other aesthetic features. The department must approve the extent and method of removal, trimming, or replacement of trees, bushes, shrubbery, or any other aesthetic feature.

(g) Design and construction responsibility.

  (1) The utility is responsible for the design of the installation, adjustment, or relocation of a utility facility.

Cont'd...

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