Fair Oaks Ranch will consider a first-reading ordinance Sept. 3 that creates separate typical and major right-of-way permits, expands inspection charges and links street-restoration requirements to pavement condition.
Utilities and contractors would face higher project-specific charges, stronger restoration duties and longer maintenance responsibility, while residents and taxpayers would gain added protection against utility work shortening the life of city streets.
Why the city is revisiting the rules
The current system applies one $100 right-of-way construction-permit fee and generally requires a disturbed street to be restored to its prior condition or better. The same framework has covered small service connections and lengthy utility construction, according to the council packet.
City engineers point to two projects that stretched that framework. GVTC’s fiber installation generated 52 permits over about two years and used micro-trenching on many streets. The SAWS Fox Falls sewer project brought substantial excavation and extended lane closures to Fair Oaks Parkway and Leslie Pfeiffer Drive from December 2023 through May 2025. Staff wrote that both required more inspection and coordination than the existing ordinance and fee structure were designed to support.
Two permits and a condition-based repair standard
The proposal defines a typical permit for work covering 50 feet or less and gives it a 60-day term. Work exceeding 50 feet generally becomes a major permit with a 180-day term. Either category could receive as many as two 30-day extensions. For boring projects, the city would measure bore-pit locations instead of the full infrastructure length.
A typical permit would cost a $100 application charge plus a $120 inspection charge. A major permit would carry a $200 application charge, the $120 base inspection charge and additional inspection charges tied to four duration tiers. The ordinance also lists a $60 reinspection charge, $100 extension charge and $30 expiration charge.
Pavement condition would control the scale of required repair. Trenching would be barred on streets scoring 91 to 100 on the city’s Overall Conditions Index. Scores of 76 to 90 would require a full block-to-block mill and overlay; scores of 51 to 75 would require half-street work extending 25 feet beyond the excavation; scores of 50 or lower would require trench repair to existing condition or better.
The ordinance makes trenchless construction the default unless the Public Works director or a designee determines it is not economically feasible. It also changes the restoration maintenance period from one year to two years, adds street-degradation calculations to performance security and gives major projects tiered inspection requirements. Council requested the two-year period during an Aug. 6 workshop after reviewing the draft. The staff report says engineers compared local rules with Boerne, Helotes, Fredericksburg and San Antonio before drafting the amendment.
What happens next
The Sept. 3 vote is a first reading, not final adoption. The ordinance schedules a second and final reading for Sept. 17 and says the changes take effect only after that passage and any required publication.
The council meeting begins at 6:30 p.m. Thursday, Sept. 3, in the Public Safety Training Room at the Police Station, 7286 Dietz Elkhorn Road. The right-of-way ordinance appears as consent-agenda item 9, meaning a council member would need to request separate discussion before the consent vote.