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HomeMy WebLinkAboutResolution 2008-012 declaring revisions to town code title 12 a public recordMARANA RESOLUTION NO. 2008-12 RELATING TO TRAFFIC; DECLARING THE REVISIONS TO TOWN CODE TITLE 12 ADOPTED BY MARANA ORDINANCE NO. 2008.04 AS A PUBLIC RECORD FILED WITH THE TOWN CLERK; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The revisions to Town Code Title 12 (Traffic) adopted by Marana Ordinance No. 2008.04, a copy of which is attached to and incorporated in this resolution as Exhibit A and three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record and ordered to remain on file with the Town Clerk. SECTION 2. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 22d day of January, 2008. Mayor Ed Honea ATTEST: ?oce*lynVBronson, Town ?Clerk? APPR AS TO FORM: 9 T %1%- -.1 L N OF Af 'A 10 SEAL {00007527.DOC /) JHF 1110108 MARANA ORDINANCE NO. 2008.04 RELATING TO TRAFFIC; REGULATING CONSTRUCTION IN TOWN RIGHTS-OF-WAY; ESTABLISHING A PERMIT PROCESS; PROVIDING PENALITES FOR VIOLATION; AMENDING TITLE 12 OF THE MARANA TOWN CODE BY RENAMING TITLE 12; ADDING CHAPTER 12-7; RENUMBERING EXISTING CHAPTER 12-7; AND DECLARING AN EMERGENCY. WHEREAS the Town Council adopted Ordinance No. 91.21, Regulations for Construc- tion of Public Improvements in Town Rights-of-Way and Regulations for Routine Utility Con- nections and Maintenance in Town Rights-of-Way, which was never repealed and was not previ- ously codified in the Town Code; and WHEREAS the Town Council finds that revision of the regulations for construction in Town rights-of-way as set forth in this ordinance is in the best interests of the Town and its resi- dents; and WHEREAS the continued use of the Town rights-of-way is necessary and beneficial to the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The title of Marana Town Code Title 12 is hereby renamed "Traffic and Highways." SECTION 2. Title 12 of the Marana Town Code is hereby revised by renumbering exist- ing Chapter 12-7 as Chapter 12-8 and by adding new Chapter 12-7, as follows: Chapter 12-7 CONSTRUCTION IN TOWN RIGHTS-OF-WAY Section 12-7-1 Definitions A. The following definitions shall apply throughout this chapter unless the context clearly indicates otherwise. 1. "Applicant" means the owner of the firm, utility company or corporation whose facilities or equipment are the subject of the right-of-way permit ap- plication. 2. "Contractor" means the party doing the work. 3. "Emergency" means any condition which poses an immediate or imminent hazard to people or property. (00002903.130C / 7) JF 1110108 4. "Public improvement" includes, but is not limited to, grading, paving, and landscaping, as well as the construction of curbs, gutters, drainage facili- ties, sidewalks, paths, trails, irrigation, walls, driveways and berms. 5. "Right-of-way" means alleys, streets, thoroughfares, drainageways and drainage easements dedicated to the town or to the public and other ease- ments dedicated to the public. 6. "Town engineer" means the town engineer or the town engineer's author- ized representative. Section 12-7-2 Authority of town engineer The town engineer is appointed the duly authorized representative of the town, with full power and authority to authorize on behalf of the town and to supervise the use of the public rights-of-way of the town. Section 12-7-3 Permit required; exception A. Any person, contractor, firm, utility company or corporation desiring to dig any hole, drain, trench or ditch in any public right-of-way or desiring to construct, remove or change any public improvement in any public right-of-way, or desir- ing to cut, trench, pothole or excavate any public right-of-way, or desiring to use any public right-of-way for traffic control, construction haul routes, land- scape maintenance, maintenance of underground facilities or temporary park- ing shall first apply for and obtain a permit from the town engineer. B. A permit is not required for work done for municipal purposes, using town per- sonnel and equipment. Section 12-7-4 Applicability This chapter applies to all construction performed in town rights-of-way, as well as all other uses listed under section 12-7-3(A), including, but not limited to, the following: A. Routine service connections and maintenance work. B. Installation of utility distribution or collection systems and communications systems. C. Work done by other governmental agencies and by public utilities. D. Work done for private development projects. E. Private homeowner encroachment in the right-of-way. Section 12-7-5 Permit process A. Application forms for permits required by this chapter shall be obtained from the town. Completed applications, accompanied by payment of all applicable permit fees, shall be submitted either by mail or in person to the town engi- neer. B. Before issuance of any permit, each applicant will be required to do all of the following: 1. Provide evidence of the applicant's right to use the public right-of-way, typi- cally by obtaining a town right-of-way license or franchise. 2. Furnish insurance in a form satisfactory to the town, indemnifying, defend- ing and holding harmless the town, its officers, departments, employees (00002903.DOC / 7} -2- JF 1110108 and agents from and against any and all suits, actions, legal or administra- tive proceedings, claims, demands or damages of any kind or nature, aris- ing out of the work under the permit, which are attributed to any act or omission of the applicant, its agents, employees or anyone acting under its direction, control or on its behalf. 3. Provide evidence that the contractor possesses an appropriate contractor's license issued by the Arizona registrar of contractors. 4. Submit a signed and approved contract showing the cost of the work, or submit a verifiable professional construction cost estimate. 5. Submit plans of the subject location and adjacent properties that a. Show existing surface conditions, including pavement, curbs, driveways, sidewalks, and landscaping; and b. Show existing underground installations, if applicable; and c. Diagram the work to be performed. 6. Post bonds or other cash forms of assurance with the town to ensure com- pletion of the proposed work. Third party trust forms of assurance are not acceptable for work in the public right-of-way. 7. Obtain a business license from the town as required by chapter 9-1 of this code. C. Projects which are to be self-certified under section 12-7-10(C) require a com- pleted agreement for construction of public improvements before a permit will be issued. Necessary forms are available from the town engineer. D. Completed applications will be reviewed by the town engineer. The town en- gineer shall issue the permit when all of the following have occurred: 1. The town engineer finds that the proposed construction does not interfere with the safety of the traveling public or the authorized public use of the right-of-way and does not otherwise interfere with the general health, safety and welfare of the citizens of the town. 2. The town engineer finds that the proposed construction does not interfere with and is not inconsistent with a current or future community improve- ment project (CIP). 3. The town engineer has approved the application, including all plans and specifications for the proposed construction. 4. All applicable permit fees have been paid by the applicant. 5. The applicant has obtained an air quality permit, if required. 6. The applicant has submitted a traffic control plan that is approved by the town engineer. Section 12-7-6 Emergency work When, in an emergency, it is impractical to obtain a permit before work is begun, the applicant shall make a diligent effort to telephone the town engineer prior to commencement of work. Emergency work shall be halted upon issuance of a stop work order by the town engineer. A permit shall be applied for, under the same procedures set forth in section 12-7-5, within two business days of com- mencing emergency work. {00002903.DOC / 7) -3- JF 1/10/08 Section,12-7-7 No warranty of title By this section, applicants are placed on notice that the town may not own the particular property or property rights for which the permit is issued. Applicants assume all liability resulting from any defect to the title of the land and no war- ranty of title to the underlying land is expressed or implied. Section 12-7-8 Construction requirements A. The applicant shall notify the town engineer of the proposed start date of the work and shall schedule and complete a pre-construction meeting with the town's right-of-way inspector at least two full work days before starting work. B. Unless otherwise expressly approved in writing by the town engineer, all work shall conform to the following: 1. The 2003 edition of the Pima county/city of Tucson standard specifications and details for public improvements. 2. Other specifications, details or regulations approved by the town engineer or adopted by the town, including all conditions listed in the permit. 3. All requirements of this chapter. C. The applicant shall be responsible for verifying the location of all underground utilities in accordance with the "blue stake" provisions of state law, A.R.S. § 40-360.21 et seq., prior to the commencement of any excavation and shall protect any utilities from damage. All town property shall be returned sub- stantially to its original condition. The applicant shall be held responsible for any damage to, and for maintenance and protection of, existing utilities and structures. D. Unless otherwise stipulated to in the permit, all pavement resurfacing after excavation shall be completed by the applicant.' During construction, the site must be secured in a manner acceptable to the town whenever work is dis- continued and construction staff is not on site. Permanent pavement repairs shall be completed within 30 working days after backfilling the trench. E. If the applicant fails to secure the site, or if the permanent pavement repair is not performed within 30 working days after backfilling the trench and an ex- tension has not been granted by the town engineer, the town engineer may select a contractor to perform all necessary work at the applicant's expense. F. The applicant shall be responsible for restoration of all permanent traffic- control devices including, but not limited to, all pavement markings, signs and signals. The restoration of traffic-control devices may be accomplished by the applicant or, at the request of the applicant, by the town. In either case, the restoration shall be completed at the applicant's expense. All traffic control devices shall be approved by the town engineer prior to installation. G. The applicant shall not allow any condition to exist during the project which would be a hazard or source of danger to the traveling public. If the work pre- sents or becomes a hazard or source of danger to the traveling public, the town may take immediate corrective action and bill the applicant for the full cost incurred for the corrective action. H. Completed excavation, backfill, and pavement repair shall be guaranteed free of defect by the applicant for a period of one year after closeout of permit or approval by the council, whichever occurs later. {00002903.DOC / 7) -4- JF 1110108 1. The town engineer shall be notified by the applicant before backfilling and upon completion of the work. If the applicant is not working under self- certification as provided in 12-7-10(C) and (D), the applicant shall not proceed with pavement replacement until the backfill has been approved. J. If the applicant does not repair the road and right-of-way to the specifications of the town engineer, the town shall notify the applicant of any deficiencies and the applicant shall have 20 working days to repair the deficiencies to the specifications of the town engineer. By acceptance of a permit, the applicant agrees to be responsible for all costs of the repair, if any. If a lawsuit is filed, the applicant, by acceptance of a permit, agrees to be responsible for all costs of collection including, but not limited to, court costs and attorneys' fees. K. The applicant shall adequately barricade its work in accordance with the latest edition of the federal highway safety administration's manual on uniform traffic control devices and shall install sufficient warning lights and signs to protect the public. Not more than one direction of travel may be blocked at any one time, unless specifically allowed due to extenuating circumstances. The appli- cant shall submit a traffic control plan to the town engineer and obtain ap- proval before closing or barricading any street or public right-of-way. L. If the applicant performs work not authorized by the permit or under the provi- sions for emergency repairs, the town shall notify the applicant of the unau- thorized work. The notification from the town will indicate whether the town requires removal of the work. If the town requires removal of the work, the applicant shall be responsible for the removal within 15 working days of the notification. If the applicant does not remove the unauthorized work, the town may have the work removed by a competent contractor at the applicant's ex- pense. M. Where work is performed in a drainageway, drainage easement or desig- nated floodplain area, the applicant shall not at any time obstruct or diminish in any manner the ability of the drainageway, drainage easement or desig- nated floodplain area to convey or pass stormwater. Prior to any work within a drainageway, drainage easement or designated floodplain area, the applicant shall obtain written authorization from the town engineer and a floodplain use permit as required by title 21 of the land development code. Section 12-7-9 Newly constructed asphalt pavements In addition to the requirements set forth in section 12-7-8, on newly constructed asphalt pavements, five years old or less, as verified by the town engineer, the following additional regulations apply: A. If sufficient right-of-way is available, directional bore shall be used in lieu of open trench. This shall include the removal and replacement of sidewalk to achieve working room for bore pits. B. No open pavement cuts shall occur without the permission of the town engi- neer, except in an emergency. C. The applicant shall submit a letter to the town engineer assuring that all other methods of construction have been reviewed and are impractical. D. The applicant shall guarantee the cut until the pavement is five years old or for one year, whichever period is longer. (00002903.DOC / 7) -5- JF 1110108 E. Pavement repairs shall be a minimum of 50 feet asphalt replacement with a 15 degree skew, centered on the trench, unless the repair cannot be accom- plished by this method and the town engineer approves an alternate method. Section 12-7-10 Inspection of work A. All work is subject to inspection and ultimate approval by the town engineer. Total inspection, may be provided by the town as set forth in this section, or the applicant may follow the self-certification processes outlined in this sec- tion. B. Town inspection shall include, but is not limited to, the following procedures and requirements: 1. The town engineer will set up a schedule of notifications from the applicant at various stages of the work for inspection and approval. 2. The applicant shall be responsible for staking line and grade, subject to re- view by the town engineer. 3. Any required testing and/or inspection designated by the permit or required by the town engineer shall be at the expense of the applicant. 4. If applicable, the applicant shall be required to furnish evidence, acceptable to the town engineer, that the required compaction density has been ob- tained. This evidence shall be in the form of tests and certification from a certified testing laboratory or from any engineering technician certified by either the national institute for certification in engineering technologies at level 11 or higher or by the Arizona technical training institute field techni- cian level or from any registered professional civil or geological engineer. The location of the test shall be clearly shown on the report from the appli- cant. The test report shall be submitted within 30 working days after tests are taken. 5. At the conclusion of the work, the town engineer shall conduct a final in- spection and receive test reports, if any. When the project is satisfactorily completed and approved, the applicant will be notified. C. The self-certification process for inspection shall include the following proce- dures and requirements: 1 . The applicant shall choose an engineer of record, acceptable to the town engineer, to be responsible for the major inspection of the project. 2. An agreement for construction of public improvements shall be signed by the applicant, the engineer of record, and the town engineer. This contract shall detail the responsibilities of the engineer of record for the work. 3. The town engineer shall maintain oversight of the project, shall perform fi- nal inspections, and shall approve the project when all requirements have been satisfactorily completed. D. The self-certification process for inspection for utilities shall include the follow- ing procedures and requirements: 1. The applicant shall file a letter with the town engineer indicating that the utility is authorized by the Arizona corporation commission to work within the public rights-of-way, is a permanent presence in the community, and will react promptly to a request from the town engineer to correct any defi- ciencies resulting from work done under a permit. (00002903.DOC / 7) -6- JF 1110108 2. The applicant shall insure that, at all times when work is underway at the site, a responsible person shall be present who, by reason of experience and knowledge, is qualified to judge the quality of the work being per- formed. 3. The applicant shall provide records of test results performed by a labora- tory approved by the town engineer or by a technician certified by the na- tional institute for certification in engineering technologies or the Arizona technical training institute to show that standards of materials, density, and pavement replacement have been met. E. If the work performed under the permit or in an emergency fails to pass final inspection, the applicant shall remove or replace the work within such time as specified by written notice from the town engineer. If any material used by the applicant in replacing or reconstructing any part of the work, or if any work- manship performed under the permit, proves defective, the applicant shall re- place the work as specified by the town engineer. Section 12-7-11 Permit expiration A. A permit shall expire if work is not started within 30 days of issuance or if not satisfactorily completed within ten days after the stated completion date. If a permit has expired, a new permit must be applied for, paid for and issued be- fore beginning or completing construction. B. Permits shall be issued for a period of no more than one year. A one-time ex- tension of no more than six months may be obtained upon application and showing of cause for the delay. Section 12-7-12 Fees; late fees A. Fees for permits required by this chapter, as well as fines applied to the appli- cant due to violations of the permit requirements, shall be set forth by a fee schedule approved by the council and amended from time to time. A copy of the fee schedule is on file in the town engineer's office. B. Permits obtained after work has started, other than work performed under section 12-7-6, shall cost double the normal permit fee. Paying a double per- mit fee does not waive any other applicable penalties or violation fees for vio- lation of this chapter. C. Permits obtained under section 12-7-6 are also subject to double permit fees if the permit application is not filed within two business days of commencing emergency work. Section 12-7-13 Violation; penalties A. A violation of this chapter is a civil infraction. B. Any person found responsible for violating this chapter shall be fined in the amount specified as the violation fee in the fee schedule referred to in section 12-7-12. C. Any person violating the provisions of this chapter shall be responsible for a separate offense for each and every day or portion of a day during which any violation of this chapter is committed or permitted. D. In addition to any other penalties allowed by law, the magistrate shall order abatement as necessary. 100002903.DOC / 7) -7- JF 1110108 SECTION 3. The adoption of this ordinance shall have the effect of repealing ordinance 91.21 to the extent that it is inconsistent with this ordinance, provided, however, that this repeal shall not affect the rights and duties that matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 4. IT IS FURTHER ORDAINED that, since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immedi- ately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 22'd day of January, 2008. OF A W-1 i SEAL Will Wz Ag 2?p ALL-ec--? Mayor Ed Honea TOFORM: . I T ATTEST: (/?JAe C7- lyn ?fironson, Town Clerk (00002903.DOC / 7) -8- JF 1110108