Loading...
HomeMy WebLinkAboutORD1048ORDINANCE NO 1048 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 13,PUBLIC WORKS,BY ADDING A NEW ARTICLE 13-3 ENCROACHMENT PERMITS;ADDING SECTIONS 13-3-1 PERMITS;SECTION 13-3-2 INSPECTIONS;AND SECTION 13-3-3 FEE SCHEDULE;SECTION 13-3-4 UNAUTHORIZED WORK;SECTION 13-3-5 CONTROL OF WORK; SECTION 13-3-6 EMERGENCY REPAIR;SECTION 13-3-7 CONSTRUCTION STANDARDS;SECTION 13-3-8 ASSURANCE OF CONSTRUCTION;SECTION 13-3-9 LIABILITY AND PROPERTY INSURANCE;SECTION 13-3-10 EXEMPTIONS;SECTION 13-3-11 SUSPENSION AND REVOCATION; SECTION 13-3-12 NOTICE OF HEARING AND APPEAL;SECTION 13-3-13 PENALTIES;AND REPEALING ORDINANCE NO.926 ENCROACHMENT PERMITS;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT: WHEREAS,it is necessary in 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;and WHEREAS,persons,corporations,associations,or other political subdivisions have a need to enter upon any public road,street,alley, Federally Patented Easement or right-of-way of any public road,street, alley or way not a State highway but within the corporate limits of the City of Apache Junction; WHEREAS,the purpose of entry on such lands is for 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,graveling,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. ORDINANCE NO 1048 PAGE 1 OF 11 NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA AS FOLLOWS: The Public Works Department is hereby authorized to issue encroachment permits in accordance with the requirements and conditions of this ordinance.No encroachment permitted under this ordinance is intended to grant any permanent right or title to a public street,alley or way or any part of a public street,alley or way. SECTION I IN GENERAL The Apache Junction City Code Chapter 13 Public Works be amended by adding Article 13-3 Encroachment Permits to read as follows: Article 13-3 ENCROACHMENT PERMITS 13-3-1 Permits 13-3-2 Inspections 13-3-3 Fee Schedule 13-3-4 Unauthorized Work 13-3-5 Control of Work 13-3-6 Emergency Repair 13-3-7 Construction Standards 13-3-8 Assurance of Construction 13-3-9 Liability and Property Insurance 13-3-10 Exemptions 13-3-11 Suspension and Revocation 13-3-12 Notice of Hearing and Appeal 13-3-13 Penalties SECTION 13-3-1 PERMITS A.All applications for permits shall be in writing on such form as provided by the city.Applications shall be submitted at least three (3)working days prior to start of construction and shall, unless waived by the Director of Public Works,hereinafter throughout this Article referred to as "Director of Public Works" collectively,be accompanied by three (3)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 contractor;however,the work may be performed only by (1) a contractor;(2)utility company;(3)governmental agency;or (4) ORDINANCE NO 1048 PAGE 2 OF 11 resident owner of residential property where the property owner proposes to do the work.If the improvement to be constructed under the permit is 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 agreement to the conditions of the permit. B.Permits shall be issued only to the person,corporation,political subdivision or other entity making application,and therefore may not be assigned to another person,corporation,political subdivision or entity by the permittee.If the permittee assigns the permit to another,the permit shall become void. C.If the Public Works Director:(1)that a proposed encroachment will not be detrimental to the health,safety or welfare of the community or the surrounding property:and (2)will not be detrimental to the condition of any public road,street,alley,Federally Patented Easement,or right of way of any public street,alley,or way not a State highway located within the municipality:and (3)when completed will not interfere with access to any public place,the Director may issue said permit.If the proposed encroachment does not meet each of the requirements of the preceding sentence,the Director may impose such special conditions to said permit in addition to those provided for in Section 13-3-1 (D)herein that the Director finds are reasonably necessary for the proposed encroachment to meet said requirements,or deny said permit,giving all reasons in writing.Any applicant who disagrees with any decision of the Public Works Director hereunder may appeal said decision in accordance with the provisions of Section 13-3-12 (B) herein.In the event of any appeal,no permit will be issued while the appeal is pending. D.Conditions to a permit shall include those contained in the Maricopa Association of Governments Uniform Standard Details for Public Works Construction,1992 edition and as hereafter may be amended,and/or the Maricopa Association of Governments Uniform Specifications for Public Works Construction,1992 edition and as hereafter may be amended,and/or the City of Apache Junction Engineering Guidelines as the Public Works Director may deem applicable to the proposed encroachment.Additional requirements may be added to a permit in accordance with the provisions of Section 13-3-1 (C)herein.Any applicant who disagrees with any decision of the Public Works Director hereunder may appeal said decision in accordance with the provisions of Section 13-3-12 (B)herein.In the event of an appeal,no permit will be issued while the appeal is pending. ORDINANCE NO 1048 PAGE 3 OF 11 E.Work pursuant to a permit must be completed within the time indicated on the permit,which shall not exceed twelve (12)months. If work is not completed within the allotted time,the permit shall be canceled.If a permit is canceled and the applicant or contractor desires to complete the work,a new permit must be obtained for such remaining work. SECTION 13-3-2 INSPECTIONS A.All work being performed must be performed in accordance with the ordinances and codes of the city,the Maricopa Association of Governments Uniform Standard Details for Public Works Construction, the Maricopa Association of Governments Uniform Standard Specifications for Public Works Construction,the Engineering Guidelines of the City of Apache Junction,Manual on Uniform Traffic Control Devices,and the approved construction drawings as submitted.If building codes require building permits for the work being performed,applicants must conform with those particular provisions of the ordinances of the City of Apache Junction. B.The Public Works Director may provide applicants with inspection services to determine if 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 Public Works Department at least two full working days in advance of the time and place needing an inspection. C.Any and all inspections by the city shall be at such locations and in such frequency,manner,and method as may be determined by the Public Works Director. D.Neither the issuance of an encroachment permit,nor the completion of an inspection,nor permission from the Public Works Department for the conduct of construction work shall constitute a representation,warranty,or guarantee,express or implied,that either the encroachment or construction being performed complies with the applicable laws and ordinances or is free from defects or will perform or last in any particular way. SECTION 13-3-3 FEE SCHEDULE ORDINANCE NO 1048 PAGE 4 OF 11 A.Applicant shall,before any permit is issued,provide the City with a fee to offset expenses incurred in connection with processing and inspecting work. B.Development's hydrology plan review -fees: First Review Second Review Third Review Revision/changes after approval $30.00 for every ten pages or portion thereof on 8 1/2"x 11"hydrology report. No Charge 50% of first review fee $10.00 per change/revision C.Engineering permit inspection fees: Initial application fee Curb & gutter,vertical or roll curb Sidewalk $15.00 0.06 0.01 Handicap Ramps $10.00 Pavement,including subgrade & A.B.C. Driveway and alley entrance Valley gutter Catch basin,Manhole,Scupper, Headwall $15.00 Underground pipelines 0.15 Dirt channel or Concrete channel Underground conduits Irrigation & landscaping 0.16 0.10 0.02 0.10 0.05 $5.00 per lineal per square each per square per square per square each per lineal per lineal per lineal per acre (. foot (.3048 m2) foot (.0928 m2) yard foot foot (.8361 (.0928 (.0928 m2 ) m2 ) m2 ) foot (.3048 m) foot (.3048 m) foot (.3048 m) 40469 hectare) Site grading -per Table No.70 -B -Grading Permit Fees of the Uniform Building Code Inspection for which no rate is specified will be determined by the Public Works Department. Inspections by the Public Works Director for work performed on weekends, holidays and after normal working hours must be requested in advance by the applicant or contractor.Authorization to work must be mutually ORDINANCE NO 1048 PAGE 5 OF 11 agreed upon by the Public Works Director and the applicant and/or contractor prior to the commencement of work.Fees for overtime inspections are as follows: Weekdays (before/after normal working hours) Saturdays & Sundays Holidays $15.00 plus 1 1/2 times inspectors hourly wage. $25.00 plus 1 1/2 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 is 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. SECTION 13-3-4 UNAUTHORIZED WORK Any work undertaken prior to securing a permit may be required to be restored to its original condition prior to granting a permit,or the city may charge a fee not to exceed $2,000.00 in addition to the normal fee for inspection and examination of the work done,prior to issuance of a permit.The Public Works Department may issue a Stop Work Order for work undertaken without a permit.All Stop Work Orders shall require that work cease until the Public Works Department determines whether the construction should be restored to its original condition or grants a permit in accordance with this ordinance.It shall be an unlawful act for any work to be undertaken,except for emergency repair as provided herein,without first securing a permit.Each day unauthorized construction work has not been restored to its original condition or exists prior to issuance of a permit shall be a separate offense and punishable pursuant to Article 1-8 of this Code. SECTION 13-3-5 CONTROL OF WORK The authority of the Public Works Director with regard to work being performed hereunder shall be that as contained in the Maricopa Association of Governments Uniform Specifications for Public Works Construction,1992 edition or as hereafter amended.The Public Works Director is hereby authorized to suspend work and issue Stop Work Orders in accordance with the provisions of said Specifications.It shall be ORDINANCE NO 1048 PAGE 6 OF 11 an unlawful act for anyone to conduct work in contravention of an issued Stop Work Order.Each day work has not been restored to its original condition prior to issuance of the Stop Work Order or exists in contravention of a stop work order shall be a separate offense and punishable pursuant to Article 1-8 of this Code. SECTION 13-3-6 EMERGENCY REPAIR This ordinance shall not prevent any person,corporation,political subdivision or entity who has legal authority to occupy the easements, streets,alleys or rights -of -way of the public roads,streets,alleys or rights -of -way of the City of Apache Junction 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 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 13-3-7 CONSTRUCTION STANDARDS All work performed in said public road,streets,alleys or ways shall be done in accordance with the ordinances and codes of the City of Apache Junction,the Maricopa Association of Governments Uniform Standard Specifications for Public Works Construction 1992 edition and as hereafter may be amended,the Maricopa Association of Governments Uniform Standard Details for Public Works Construction 1992 edition and as hereafter may be amended,the City of Apache Junction Engineering Guidelines,the Manual On Uniform Traffic Control Devices as adopted by the Arizona Department of Transportation,and any approved permit,plan, specifications and special provisions of the city for such installation. The Public Works Director may require additional work,materials, equipment and devices to properly control traffic,provide access to adjoining property,and maintain other facilities in the area during the time work is being performed. SECTION 13-3-8 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 Engineering Guidelines.In the event the Public Works Director determines that special circumstances apply,and additional financial assurances to the City are required or that financial assurances may be otherwise modified or waived prior issuance of a permit,the Public Works Director shall provide to the applicant notice of the requirements ORDINANCE NO 1048 PAGE 7 OF 11 regarding financial assurances together with the reasons and grounds regarding the requirement of additional financial assurances, modification from the Engineering Guidelines,or waiver.Any applicant who disagrees with a decision of the Public Works Director may appeal said decision in accordance with the revisions of Section 13-3-12(B) herein.In the event of an appeal,no permit may be issued while said appeal is pending.In instances where an applicant is issued numerous small permits throughout the year,the applicant may post a continuing use bond to cover work under more than one permit.However,this continuing bond provision is 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 13-3-9 LIABILITY AND PROPERTY DAMAGE INSURANCE No applicant shall be entitled to a permit under this ordinance unless and until the applicant shall have filed and maintained on file with the city a certificate of insurance certifying that the applicant carries public liability and property damage insurance issued by an insurance carrier authorized to do business in the State of Arizona,at applicant's own cost and expense,insuring the applicant and the city and its agents against claims and liability for personal injury,death and property damage arising from the construction operation or maintenance by applicant of its facilities,in an amount of not less than $1,000,000.00. The City,its officers,agents,and employees shall also be named as additional insured parties.It is the intent of the parties that applicant's insurance shall be primary and without right of subrogation with respect to any claim or liability caused by applicant's negligence or other misconduct. Failure by the applicant to provide the city with such a certificate and failure by the city to demand the filing by applicant of such a certificate before such a permit is issued,shall not be deemed to waive applicant's obligation to provide the insurance specified herein.Such insurance certificates shall remain in effect and be kept on file with the city so long as applicant maintains,operates or owns facilities within rights -of -way of the city.The insurance certificate shall provide that coverage cannot be canceled or expire without providing thirty (30)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 said resident proposes to perform construction in front of resident's own property,or a federal state,county or municipal agency or political subdivision. ORDINANCE NO 1048 PAGE 8 OF 11 The city shall in no way be liable to or responsible for any accidents or damage which may occur in the construction,operation or by applicant of its appurtenances hereunder,and the acceptance of a permit shall be deemed an agreement on the part of applicant to indemnify the city and hold it harmless from and against any and all liability,loss,costs, legal fees,damage or other expense which may accrue to city by reason of the negligence,default or misconduct of applicant and the construction, operation and maintenance of its lines,facilities or the appurtenances hereunder,including maintenance of barricades and traffic control devices in construction and maintenance areas.Applicant agrees to pay on behalf of city any claims,settlement or judgments,including legal fees,made or entered against city as a result of injury or damage to any person or property occasioned by the exercise of any permit issued to applicant. SECTION 13-3-10 EXEMPTIONS A no -cost permit may be issued to federal ,state or county agencies,a political subdivision,or for a cable television system or a public utility which holds a license or franchise from the City,or to contractors under contract with the City for projects owned and maintained by the City. SECTION 13-3-11 SUSPENSION AND REVOCATION A.The Public Works Director shall be authorized to stop work or refuse to renew any permit of any applicant or contractor who is in violation of any provision of this ordinance or any condition or requirement of an issued permit.Any stop work or refusal to renew shall continue until such violation has been fully corrected.All work is to cease during a period of suspension or nonrenewal. B.Permits issued under the provisions of this ordinance may be revoked by the Public Works Director after notice and hearing,for any of the following causes: 1.Fraud,misrepresentation,or false statement contained in the application for permit. 2.Any violation of this ordinance. 3.Any violation of any of the terms and conditions of the permit as issued. ORDINANCE NO 1048 PAGE 9 OF 11 4.Conducting a business in violation of the provisions of the ordinances of the City of Apache Junction or in violation of the Arizona Revised Statutes Annotated. 5.A determination by the Public Works Director that the encroachment interferes with a need by the municipality for use of the street.alley or way for another public purpose. SECTION 13-3-12 NOTICE OF HEARING AND APPEAL A.Notice of any decision of the Public Works Director from which an appeal is provided or for revocation of permit shall be given in writing,setting forth specifically the grounds of the decision and,in the case of revocation,the time and place of hearing. Such notice shall be mailed,postage prepaid,certified mail to the applicant,contractor,or permittee at the address shown on the application for permit.In the case of revocation said notice shall be mailed at least ten (10)calendar days prior to the date set for hearing. B.Any person aggrieved by a decision of the Public Works Director pursuant to Sections 13-3-1(C),(D),and Section 13-3-8.or a decision with reference to the revocation of a license shall have the right of appeal to the City Council.Such appeal shall be taken by filing with the City Clerk,within fourteen (14)calendar days after notice of the action complained of has been mailed to such person's address as shown on the application for permit,a written statement setting forth fully the grounds for the appeal. The City Council shall set a time and place for a hearing on such appeal,and notice of such hearing shall be given to the appellant in the same manner as provided for notice of hearing on revocation. The decision and order of the City Council shall be final and conclusive,except any person aggrieved may pursue any proper judicial proceedings. SECTION 13-3-13 PENALTIES Any person found guilty of a violation of or failure or refusal to do or perform any act required and provided for in this ordinance shall be subject to the penalty provisions as provided in Article 1-8(A)of the Code of the City of Apache Junction. SECTION I I REPEALING ANY CONFLICTING PROVISIONS ORDINANCE NO 1048 PAGE 10 OF 11 Ordinance No.926 and all ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section,sub -section,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 affect the validity of the remaining portion thereof. SECTION IV EMERGENCY CLAUSE It being necessary for the preservation of the peace,health,and safety of the City of Apache Junction,Arizona,that this ordinance become effective immediately,an emergency is hereby declared to exist and this ordinance shall be effective immediately upon passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 21ST DAY OF JULY 1998. SIGNED AND ATTESTED TO THIS 22ND DAY OF JULY ,1998. DOUGLAS C0LEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 6 -- 9 Richard J.Stern City Attorney ORDINANCE NO 1048 PAGE 11 OF 11