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HomeMy WebLinkAboutORD503ORDINANCE NO. 503 AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, PROVIDING FOR THE ISSUANCE OF PERMITS; INSPECTIONS; ESTABLISHMENT OF AN ENGINEERING PLAN REVIEW AND INSPECTION FEE SCHEDULE; UNAUTHORIZED WORK; EMERGENCY REPAIR; CONSTRUCTION STANDARDS; ASSURANCE OF CONSTRUCTION; LIABILITY AND PROPERTY DAMAGE INSURANCE TO PERFORM WORK IN DEDICATED RIGHTS OF WAY AND EASEMENT AREAS; REPEALING ANY CONFLICTING PROVISIONS; PROVI- DING FOR SEVERABILITY; AND PROVIDING PENALTIES. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT: SECTION I IN GENERAL I t i s necessary i n the public interest that all uses of the dedicated right of way,federally patented easements,and other easements for public roads,streets and alleys,by individuals,corporations and political subdivisions be regulated, managed and controlled so that said public areas may be effectively utilized and maintained for their primary purpose as public ways.Persons,corporations, associations,or other political subdivisions shall not without obtaining a permit, enter upon any public road,federally patented easement and other easement,street, alley,or right of way of any public road,street,alley or way not a state high- way,and within the corporate limits of the City of Apache Junction for the purpose of performing any construction,reconstruction,removal,repair,maintenance, or any other work including,but not limited to,pavement,curb,driveway,side- walks,drainage or flood control facilities,grading,oiling,graveling,or any other surfacing of any road,street,alley or way;water,gas,sewer,or other types of pipelines,irrigation and wastewater facilities:utility lines including electric,television,telephone,or other power service and communication facili- ties;structures and signs,whether temporary or permanent;planting,landscaping, water and or drainage systems,and decorative placements,or any of the aforesaid which may overhang the public road,street,alley or way.The Engineering Divi- sion of the Department of Public Works i s hereby authorized to issue such permits in accordance with conditions outlined in the current edition of the City of Apache Junction Development Guide,other applicable requirements,and the schedule of fees indicated herein. SECTION I I PERMITS All applications for permits shall be i n writing on such form as required by the City.Applications shall be submitted at least three working days prior to start of construction and shall be accompanied by three (3)approved copies of a draw- ing,map,diagram,or similar exhibit of a size and sufficient to clearly illu- strate the location,dimension,motive,method and purpose of the proposed work. Applicants for such permits may be either an owner or a contractor;however,the work may be performed only by (1)a contractor (2)utility company (3)governmental agency or (4)resident owner of residential property where the property owner proposes to do the work.I f the improvement to be constructed under the permit i s not to become the property of the city and i f the applicant i s someone other than the owner,the owner shall also sign the permit form indicating that he agrees to the conditions of the permit.Permits shall be issued only to the person,corporation,or political subdivision making application,and therefore may not be assigned to another person,corporation,or political subdivision, by the permittee.If the permittee assigns his permit to another,the permit shall become void.A permit shall be valid for the time indicated on the permit which shall not exceed twelve (12) months.If work is not completed within the allotted time,a new permit must be obtained for such remaining work.If the work,or a portion of the work i s not performed after a permit i s obtained,the permit shall be cancelled and the unused portion,minus ten (10% ,)percent for processing,of the fee related to inspection costs may be refunded a t the request of the applicant. ORDINANCE NO.503 PAGE ONE OF FIVE SECTION III INSPECTIONS: The city may provide the applicants with inspection services to determine i f the improvements constructed are substantially in accordance with the approved plan, special conditions,and permit granted.Any person or corporation,association or political subdivision doing work under any permit as set forth i n this ordi- nance shall notify the Engineering Division of the Department of Public Works at least one (1)full working day in advance of the time and place the work will begin. SECTION IV FEE SCHEDULE A.Applicant shall,before any plan i s reviewed or permit i s issued,provide the city with a fee to offset expenses incurred i n connection with process- ing and inspecting work.The fee shall be computed on the basis of the fee schedule contained herein. B.Development plan and hydrology review fees: First Review Second Review Third Review Revisions/changes after approval $30.00 per sheet No Charge $15.00 per sheet $10.00 per sheet Should applicant desire plan reviews to be expedited beyond the normal pro- cessing limits i n effect at the time,arrangements may be requested for city- accelerated plan reviews after normal working hours,as follows: Weekday (before/after normal working Saturdays Sundays C.Engineering inspection fees: Initial application fee Curb and gutter Sidewalk Pavement,including subgrade &A.B.0 Driveway and alley entrance Valley gutter Catchbasin Scupper Headwall Stormdrain Concrete channel Dirt channel Other concrete structures Site grading -50 cubic yards or less 51 to 100 cubic yards 101 to 1000 cubic yards 1001 to 10,000 cubic yards ORDINANCE NO.503 PAGE TWO OF FIVE hours)$5.00 10.00 20.00 plus 1 1 /2 times plan checkers hourly wage. plus 1 1 /2 times plan checkers hourly wage. plus 2 times plan checkers hourly wage. $5.00 0.06 per lineal foot 0.06 per lineal foot 0.16 per square yard 0.10 per square foot 0.04 per lineal foot 15.00 each 15.00 each 15.00 each 0.15 per lineal foot 0.05 per square foot 0.10 per lineal foot 2% of total cost $10.00 each site $15.00 each site $15.00 for first 100 cubic yards plus $7.00 for each additional 100 cubic yards or fraction thereof. $78.00 for the first 1000 cubic yards,plus $6.00 for each addi- tional 1000 cubic yards or fraction thereof. 10,001 to 100,000 cubic yards $132.00 for the first 10,000 cubic yards,plus $27.00 for each addi- tional 10,000 cubic yards or fraction thereof. 100,001 cubic yards or more $375.00 for the first 100,000 cubic yards,plus $15.00 for each additional 10,000 cubic yards or fraction thereof. Re -inspection To be computed at the above rates. Inspection for which no rate i s specified To be determined by Engineering Division ($20.00 minimum fee). Inspections requested from the city for work on weekends and after normal working hours may be performed upon advance payment to the city by the applicant or contrac- tor.Fees for overtime inspections are as follows: Weekdays (before/after normal working hours)$15.00 plus 1 1/2 times inspectors hourly wage. Saturdays 25.00 plus 1 1/2 times inspectors hourly wage. Sundays 35.00 plus 2 times inspectors hourly wage. D.Requests for inspections or plan reviews beyond normal working hours may be performed a t the pleasure of the city as a courtesy to the applicant and i s not intended to be a mandated service.This extra work may be performed by the city predicated on the availability of manpower and the employee's agreement to work accordingly providing their normal job requirements and health are not negatively impacted. E.Should the applicant desire the expediting of work beyond the limits and/or capability of the city a t the time,arrangements may be made by the city for work to be performed by a consulting firm providing the applicant pays the consultant's fee plus ten (10%)percent to offset city expenses. SECTION V UNAUTHORIZED WORK Any work undertaken prior to securing a permit may be required to be restored to it's original condition prior to granting a permit,or the city may charge a fee not to exceed $500.00 i n addition to the normal fee for inspection and examination of the work done,prior to issuance of a permit.All stop work orders shall require that work cease until the Engineering Division determines whether the construction should be restored to it's original condition or grants a permit in accordance with this ordinance. SECTION VI EMERGENCY REPAIR This ordinance shall not prevent any person,corporation or political subdivision from maintaining any pipe or utility lawfully on or under any public street,or from making excavation or performing any work as may be necessary for the preserva- tion of life or property when an urgen necessity arises during the hours that the city offices are closed, except that those making emergency use shall apply for a permit within one (1)calendar day after the city offices are again open. SECTION VII CONSTRUCTION STANDARDS All work performed i n said public roads,streets,alleys or ways shall be done in accordance with the approved permit,plan,specifications and special provi- sions of the city for such installation.The city may require additional work, materials,equipment and devices to properly control traffic,provide access to adjoining property,and maintain other facilities i n the area during the time work i s being performed. ORDINANCE NO.503 PAGE THREE OF FIVE SECTION VIII ASSURANCE OF CONSTRUCTION Prior to issuing a permit,each applicant shall submit to the city an assurance of construction as outlined i n the current edition of the city's Development Guide.I n instances where an applicant i s issued numerous small permits through- out the year,he may post a continuing use bond to cover work under more than one permit,however,this continuing bond provision i s not intended for use to construct residential and commercial projects.The continuing bond shall be of value sufficient to cover all work under construction by the permittee at any time and shall be satisfactory to the city. SECTION IX LIABILITY AND PROPERTY DAMAGE INSURANCE No applicant shall be entitled to a permit under this ordinance unless and until he shall have filed and maintained on file with the city a certificate certifying that he and/or his company or business firm carries public liability and property damage insurance issued by an insurance carrier authorized to do business i n the State of Arizona insuring the applicant and the city and it's agents,against loss by reason of injuries to or death of persons,or damages to property arising out of or related to work performed by the applicant,it's agents or employees while performing any work under such permit.Such insurance shall be primary and provide coverage for all liability assumed by the applicant under this section, and shall be provided by any permittee i n the following minimum amounts: $500,000.00 for death of or injury to any one person in any one accident. $1,000,000.00 for death of or injury to more than one person i n any one accident. $500,000.00 for property damage. Failure by the applicant to provide the city with such a certificate and failure by the city to demand the filing by permittee of such a certificate before such a permit i s issued,shall not be deemed to waive permittee's obligation to provide the insurance specified herein.Such insurance certificate shall remain i n effect, and be kept on file with the city,until all work to be performed by the permittee under the permit has been completed.Where an encroachment involves a permanent obstruction,such insurance certificate requirements and other stipulations shall remain i n effect until such construction i s removed.The insurance certificate shall provide that coverage cannot be cancelled or expire without providing fifteen (15)days written notice to the city of such action and noting the permit number on such written notice.No evidence of liability insurance or surety bond shall be required as a condition precedent to the issuance of a permit to a resi- dent owner of a residential property where he proposes to perform construction i n front of his own property,or a federal,state,county or municipal agency or political subdivision,or any public service corporation with a net worth of more than one million ($1,000,000)dollars as reflected by it's most current balance sheet.The permittee shall be responsible for all liability imposed by law for personal injury or property damage arising out of or related to work performed by the permittee under permit,or arising out of the failure on the permittee's part to perform it's work under the permit.I f any claim of such liability i s made against the city,it's officers,agents,boards or employees, •the permittee shall defend,indemnify and hold each of them harmless from such claims including claims alleging the joint negligence of the city,it's officers and employees,and the permittee. SECTION X EXEMPTIONS A no -cost permit may be issued to federal,state or county agencies for work in which a contractor i s engaged i n a city sponsored project. SECTION XI REPEALING ANY CONFLICTING PROVISIONS All ordinances or parts of ordinances i n conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. ORDINANCE NO.503 PAGE FOUR OF FIVE SECTION XII PROVIDING FOR SEVERABILITY I f any section,subsection,sentence,phrase,clause,or portion of this ordinance or any part of the code adopted herein by reference is,for any reason,held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not effect the validity of the remaining portions thereof. SECTION XIII PENALTY CLAUSE Any person found guilty of any violation of or failure or refusal to do or perform any act required and provided for i n this ordinance shall be punished by a fine not to exceed $1,000,or imprisonment for a period not to exceed six (6)months,or by both such fine and imprisonment.Each day that a violation continues shall be a separate offense punishable as hereinabove described. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 5 —th DAY OF AL45L4sf ,19 9'6 . 44SIGNEDANDATTESTEDTOTHIS7 --DAY OF ATTEST: Kathl een Connelly City Clerk APPROVED AS TO FORM: ilLUDMat F.Alexan City 'Attorney ORDINANCE NO.503 PAGE FIVE OF FIVE tret. Norman Mayor . Hill AutguiS4 ,19 St0 . B.8 ar..A..9.412...,9-,52 V;ce-Ma.yr,r ORDINANCE NO.503 AN ORDINANCE OF THE CITY OF APACHE JUNCTION,ARIZONA, PROVIDING FOR THE ESTABLISHMENT OF AN ENGINEERING INSPECTION AND PLAN REVIEW FEE SCHEDULE;LIABILITY INSURANCE;AND CONSTRUCTION ASSURANCES FOR PERMITS TO PERFORM WORK IN DEDICATED RIGHTS OF WAY AND EASE— MENT AREAS AS OUTLINED IN THE CITY OF APACHE JUNCTION DEVELOPMENT GUIDE;REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT: SECTION I IN GENERAL I t i s necessary i n the public interest that all uses of the dedicated right of way,Federally Patented Eaements and other easements for public roads, streets and alleys,by individuals,corporations and political subdivisions be regulated,managed and controlled so that said public areas may be effectively utilitized and maintained for their primary purpose as public ways.Persons,corporations,associations,or other political subdivisions shall not,without obtaining a permit,enter upon any public road,Federally Patented Easement or other easement,street,alley or right of way of any public road,street,alley or way not a State highway and within the corporate limits of the City of Apache Junction,for the purpose of performing any construction,reconstruction,removal,repair,maintenance,or any other work,including but not limited to,pavement,curb,'driveway,sidewalk; drainage or flood control facilities;grading,oiling,gravelling,or any surfacing of any road,street,alley or way;water,gas,sewer,or other types of pipelines;irrigation and wastewater facilities;utility lines including electric,television,telephone or other power service and communication facilities;structures and signs,whether temporary or permanent;plantings,landscaping,water and or drainage systems and decorative placements;or any of the aforesaid which may overhang the public road,street,alley or way.The Engineering Division of the Department of Public Works i s hereby authorized to issue such permits i n accordance with conditions outlined i n the current edition of the City of Apache Junction Development Guide and the schedule of fees indicated herein. SECTION I I PERMITS All applications for permits shall be i n writing on such form as required by the city.Applications shall be submitted at least three (3)working days prior t o start of construction and shall be accompanied by three (3) approved copies of a drawing,map,diagram,or similar exhibit of a size and sufficient to clearly illustrate the location,dimension,motive,method and purpose of the proposed work.Applicants for such permits may be either an owner or a contractor;however,the work may be performed only by (1) a contractor (2)utility company (3)governmental agency or (4)resident owner of residential property where the property owner proposes to do the work.I f the improvement to be constructed under the permit i s not to become the property of the city and if the applicant is someone other than the owner, the owner shall also sign the permit form indicating that he agrees to the conditions of the permit.Permits shall be issued only to the, person, corporation,or political subdivision making application,and therefore may not be assigned to another person,corporation or political subdivision by the permittee.I f the permittee assigns his permit to another,the permit shall become void.A permit shall be valid for the time indicated on the permit which shall not exceed twelve (12)months.I f work i s not completed within the allotted time,a new permit must be obtained for such remaining work.I f the work,or a portion of the work i s not performed after a permit i s obtained,the permit shall be cancelled and the unused portion,minus ten (10%)percent for processing of the fee related to inspection costs, may be refunded at the request of the applicant. ORDINANCE NO.503 PAGE ONE OF FIVE SECTION III INSPECTIONS The city may provide the applicants with inspection services to determine i f the improvements constructed are substantially in accordance with the approved plan,special condition,and permit granted.Any person or corporation,association or political subdivision doing work under any permit as set forth in this ordinance shall notify the Engineering Division of the Department of Public Works at least one (1)full working day i n advance of the time and place the work will begin. SECTION IV FEE SCHEDULE A.Applicant shall,before any plan i s reviewed or permit i s issued,provide the city with a fee to offset expenses incurred i n connection with processing and inspecting work.The fee shall be computed on the basis of the fee schedule contained herein. B.Development plan and hydrology review fees: First Review $30.00 per sheet Second Review No Charge Third Review $15.00 per sheet Revision/changes after approval $10.00 per sheet Should applicant desire plan reviews to be expedited beyond the normal processing limits i n effect at the time,arrangements may be requested city -accelerated plan reviews after normal working hours,as follows: Weekday (before/after normal working Saturdays Sundays C.Engineering inspection fees: hours) Initial application fee Curb and gutter Sidewalk Pavement,including subgrade &A.B.C. Driveway and alley entrance Valley gutter Catchbasin Scupper Headwall Stormdrain Concrete channel Dirt channel Other concrete structures Site grading —50 cubic yards or less 51 to 100 cubic yards 101 to 1000 cubic yards 1001 to 10,000 cubic yards ORDINANCE NO.503 PAGE TWO OF FIVE $5.00 plus 11 times plan checkers hourly wage. for $10.00 plus 11 times plan checkers hourly wage. $20.00 plus 2 times plan checkers hourly wage. $5.00 0.06 per lineal foot 0.06 per lineal foot 0.16 per square yard 0.10 per square foot 0.04 per lineal foot 15.00 each 15.00 each 15.00 each 0.15 per lineal foot 0.05 square foot 0.10 lineal foot 2%of total cost $10.00 each site $15.00 each site $15.00 for first 100 cubic yards plus $7.00 for each additional 100 cubic yards or fraction thereof. $78.00 for the first 1000 cubic yards,plus $6.00 for each addi- tional 1000 cubic yards or fraction thereof. 10,001 to 100,000 cubic yards $132.00 for the first 10,000 cubic yards,plus $27.00 for each addi- tional 10,000 cubic yards or fraction thereof. 100,001 cubic yards or more $375.00 for the first 100,000 cubic yards,plus $15.00 for each additional 10,000 cubic yards or fraction thereof. Re -inspection To be computed at the above rates. Inspection for which no rate is specified To be determined by Engineering Division ($20.00 minimum fee). Inspections requested from the city for work on weekends and after normal workng hours may be performed upon advance payment to the city by the applicant or contractor.Fees for overtime inspections are as follows: Weekdays (before/after normal working hours) Saturdays Sundays $15.00 plus 11 times inspectors hourly wage. 25.00 plus 11 times inspectors hourly wage. 35.00 plus 2 times inspectors hourly wage. D.Requests for inspections or plan reviews beyond normal working hours may be performed at the pleasure of the city as a courtesy to the applicant and i s not intended to be a mandated service.This extra work may be performed by the city predicated on the availability of manpower and the employee's agreement to work accordingly providing their normal job requirements and health are not negatively impacted. E.Should the applicant desire the expediting of work beyond the limits and/or capability of the city at the time,arrangements may be made by the city for work to be performed by a consulting firm providing the applicant pays the consultant's fee plus ten (10%)percent to offset city expenses. SECTION V UNAUTHORIZED WORK Any work undertaken prior to securing a permit may be required to be restored to it's original condition prior to granting a permit,or the city may charge a fee not to exceed $500.00 i n addition to the normal fee for inspection and examination of the work done,prior to issuance of a permit.All stop work orders shall require that work cease until the Engineering Division determines whether the construction should be restored to it's original condition or grants a permit in accordance with this ordinance. SECTION VI EMERGENCY REPAIR This ordinance shall not prevent any person,corporation or political subdivision from maintaining any pipe or utility lawfully on or under any public street,or from making excavation or performing any work as may be necessary for the preservation of life or property when an urgent necessity arises during the hours that the city offices are closed,except that those making emergency use shall apply for a permit within one (1)calendar day after the city offices are again open. SECTION VII CONSTRUCTION STANDARDS All work performed i n said public roads,streets,alleys or ways shall be done in accordance with the approved permit,plan,specifications and special provi- sions of the city for such installation.The city may require additional work, materials,equipment and devices to properly control traffic,provide access to adjoining property,and maintain other facilities i n the area during the time work i s being performed. ORDINANCE NO.503 PAGE THREE OF FIVE SECTION VIII ASSURANCE OF CONSTRUCTION Prior to issuing a permit,each applicant shall submit to the city an assurance of construction as outlined in the current edition of the city's Development Guide.In instances where an applicant i s issued numerous small permits through- out the year,he may post a continuing use bond to cover work under more than one permit,however,this continuing bond provision i s not intended for use to construct residential and commertial.projects.The continuing bond shall be of value sufficient to cover all work under construction by the permittee at any time and shall be satisfactory to the city. SECTION IX LIABILITY AND PROPERTY DAMAGE INSURANCE No applicant shall be entitled to a permit under this ordinance unless and until he shall have filed and maintained on file with the city a certificate certifying that he and/or his company or business firm carries public liability and property damage insurance issued by an insurance carrier authorized to do business i n the State of Arizona insuring the applicant and the city and it's agents against loss by reason of injuries to or death of persons,or damages to property arising out of or related to work performed by the applicant,it's agents or employees while performing any work under such permit.Such insurance shall be primary and provide coverage for all liability assumed by the applicant under this section and shall be provided by an permittee i n the following minimum amounts: General Liability Bodily Injury and Property Damage: $300,000 each occurrence. $300,000 aggregate. Automobile Liability Bodily Injury and Property Damage: $300,000 combined. Workers Compensation and Employers Liability: $100,000 each accident. $300,000 Disease -Policy limit. $100,000 Disease -Each employee. The City of Apache Junction may require higher insurance amounts for areas of high risk. Failure by the applicant to provide the city with such a certificate and failure by the city to demand the filing by permittee of such a certificate before such a permit i s issued,shall not be deemed to waive permittee's obligation to provide the insurance specified herein.Such insurance certificate shall remain i n effect and be kept on file with the city until all work to be performed by the permittee under the permit has been completed. Where an encroachment involves a permanent obstruction,such insurance certificate requirements and othe stipulations shall remain in effect until such construction i s removed.The insurance certificate shall provide that coverage cannot be cancelled or expire without providing fifteen (15)days written notice to the city of such action and noting the permit number on such written notice.No evidence of liability insurance or surety bond shall be required as a condition precedent to the issuance of a permit to a resident on residential property where he proposes to perform construction in front of his own property,or a federal,state,county or municipal agency or political subdivision,or any public service corporation with a net worth of more than one million ($1,000,000)dollars as reflected by it's most current balance sheet.The permittee shall be responsible for all liability imposed by law for personal injury or property damage arising out of or related to work performed by the permittee under permit,or arising out of the failure on the permittee's part to perform it's work under the permit. I f any claim of such liability i s made against the city,it's officers, agents,boards,or employees,the permittee shall defend,indemnify and hold each of them harmless from such claims including claims alleging the joint negligence of the city,it's officers and employees,and the permittee. ORDINANCE NO.503 PAGE FOUR OF FIVE SECTION X EXEMPTIONS A no—cost permit may be issued to federal,state or county agencies for work i n which a contractor i s engaged i n a city sponsored project. SECTION XI REPEALING ANY CONFLICTING PROVISIONS All ordinances or parts of ordinances in conflict with the provisions of this ordiance or any part of the code adopted herein by reference are hereby repealed. SECTION XII PROVIDING FOR SEVERABILITY I f any section,subsection,sentence,phrase,clause,or portion of this ordinance or any part of the code adopted herein by reference is,for any reason,held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not effect the validity of the remaining portions thereof. SECTION XII PENALTY CLAUSE Any person found guilty of any violation of or failure or refusal to do or perform any act required and provided for i n this ordinance shall be punished by a fine not to exceed $1,000 or imprisonment for a period not to exceed six (6)months,or by both such fine and imprisonment.Each day that a violation continues shall be a separate offense punishable as here— inabove described. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THIS 4TH DAY OF NOVEMBER ,19 86. SIGNED AND ATTESTED TO THIS 5TH DAY OF NOVEMBER ,19,86 . /7/7-&0' Norman S.Hil Mayor ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: 'avN0 F.Alexandel- Citylkttorney ORDINANCE NO.503 PAGE FIVE OF FIVE *Previously adopted on 8/5/86,reconsidered and amended on 11/4/86.