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HomeMy WebLinkAboutOrdinance 91.21 Rescinding Ordinance 88.03 and adopting regulations for public improvements in ROWORDINANCE NO. 91.21 AN ORDINANCE RESCINDING ORDINANCE 88.03 STP~ET EXCAVATIONS AND RIGHT-OF-WAY IMPROVEMENT REGULATIONS AND ADOPTING REGULATIONS FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS IN TOWN RIGHTS-OF-WAY AND REGULATIONS FOR ROUTINE UTILITY CONNECTIONS AND MAINTENANCE IN TOWN RIGHTS-OF-WAY WHEREAS, THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA had adopted certain ordinance 88.03 for STREET EXCAVATIONS AND RIGHT- OF-WAY IMPROVEMENT REGULATIONS, and, WHEREAS, THE TOWN COUNCIL deems it necessary to rescind the aforementioned Ordinance 88.03 for a more comprehensive and -responsive pair of regulations, one-for'public improvements in rights-of-way and one for routine utility sel-vice connections, and, WHEREAS, the continued use of the Town rights-of-way is necessary and beneficial to the citizens of the Town of Marana. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MAi~ANA, ARIZONA that Ordinance 88.03 is hereby rescinded and that the REGULATIONS FOR CONSTRUCTION OF PUBLIC IbIPROVE~IENTS IN TOWN RIGHTS-OF-WAY and the REGULATIONS FOR ROUTINE UTILITY SERVICE CONNECTIONS AND MAINTENANCE IN TOWN RIGHTS-OF-WAY, as approved by the Mararia To~-n Council on the 17th day of September, 1991, be and the same are hereby adopted by this Ordinance as the Town's formal regulations for public improvements in rights-of- way and for routine utility service connections and maintenance in rights-of-way. WHEREAS, the immediate operation of this Ordinance is neces- sary for the preservation of the public peace, health, and safety of the Town of Marana, an emergency is hereby declared to exist, and this Ordinance shall be in full force and effect from and after its passage, adoption, and approval by the Town Council of the Town of Marana. PASSED AND ADOPTED by the Town Council of the Town of Mara- na, Arizona this 17th day of September, 1991. ATTEST: MAYOR TOWN OF MARANA REGULATIONS FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS IN TOWN RIGHTS-OF-WAY (OTHER THAN ROUTINE UTILITY SERVICE CONNECTIONS AND MAINTENANCE) SECTION 1: PERMIT REQUIRED Public Improvements shall not be constructed in any street, alley, drainageway, public easement, any other right-of- way dedicated to the Town of Marana or to the public, nor on Town of Marana property without an appropriate permit having been 'issued'by the Town. Any improvement constructed with the expection that it will be accepted by the Town of Marana, is subject to this ordinance, shall be considered a "Public Improvement", and shall require a permit for its construction. Public improvements for the purpose of this code shall include, but are not necessarily limited to, grading, paving, curbs, gutters, drainage facilities, sidewalks, paths, trails, landscap- ing, irrigation, walls, and berms. Utility distribution or collection systems and com~,lnications systems installed in public rights-of-way or in property to be dedicated to the Town of Marana are equally subject to the provi- sions of this code. Routine maintenance and service connections are not included in these regulations. SECTION 2. EXCEPTIONS TO PERMIT REQUIREMENTS Section 1 shall not apply in the following cases: A. When work is done for municipal purposes by Town person- nel and equipment. B. When repair or maintenance work is performed under a contract administered by the To~n. C. When, in an emergency, it is impractical to obtain a permit before work is begun. The Town Police Department shall be i~mediately notified, and a permit shall be applied for within two business days. SECTION 3: APPLICATION FORMS ~ Applications for construction of public improvements be made on Engineer. shall forms available from either the Town Clerk or the Town 1 Completed applications, accompanied by payment to the Town of the permit fee, may be submitted either by mail or in person to the Town Engineer. Completed applications will not be accepted until the con- struction plans and specifications have been reviewed and ap- proved by the Town Engineer. SECTION 4. FEES The fee for a permit to construct public improvements shall be set by resolution of the Town Council from time to time. The most current such resolution shall be a part of these regula- tions. Permits obtained after work has started, other than work performed under Section 2C above, sha~t-cost double the normal fee~ but paying a double fee does not waive other penalties under these requtations. Permits obtained under Section 2C above, are also subject to double charge if the application is not filed within two business days. SECTION 5: CONDITIONS FOR OBTAINING A PERMIT Each applicant and/or his agent and/or contractor doing the work will be required, before issuance of the permit, to: A. Furnish bond or insurance to hold the Town harmless and/or free of liability arising out of said work; and B. Provide evidence that he is competent and equipped to do the proposed work; and C. Submit a signed and approved contract showing the cost of the work, or submit a verifiable professional construction cost estimate; and D. Post assurances with the Town to insure completion of the projected work; and E. Have received from the Town Engineer approval of plans and specifications for the proposed construction. . ~ SECTION 6: CONFORMANCE TO RULES AND REGULATIONS A. All work, unless otherwise expressly approved on the approved plans and specifications or in writing by the Town Engineer, shall conform to the Pima County/City of Tucson Stand- ard Specifications and Details for Public Improvements and any other written Town regulations or standards. B. Projects which are to be self-certified (see Section 7) require a completed Agreement For Inspection of Public Improve- ments, before a permit will be issued. Necessary forms are avail- able from the Town Clerk or the Town Engineer. C. Completed application forms shall be reviewed by the Town Engineer, who shall also assess the permit fee. Payment shall be made to the Tow/~ of Marana. D. Permits shall be issued for a period of no more than one year. A one-time extension of no more.than six-months may be obtained upon application and showing of cause for the delay. When work on the project is not satisfactorily completed before the expiration date, a new permit may be obtained follow- ing a new application and payment of another fee. E. Before beginning work, the applicant shall also obtain an Air Quality Permit from the Pima C~unty Department of Environmental Quality, if such a permit is required by Pima County regulations. SECTION 7: PROSECUTION AND INSPECTION OF THE WORK A. The applicant shall notify the Tow~ Engineer of proposed start of work at least two full work days in advance. B. All work is subject to inspection and ultimate approval by the Tow~ Engineer or his representative. Total inspection may be provided by the Town in accordance with the provisions below, or the self-certification process may be followed as outlined herein. C. Town inspection shall include the following procedure and requirements: 1. The Town Engineer will set up a schedule of notifications from the contractor, at various stages of the work, for statutory inspection and approval. 2. The contractor or owner is responsible for staking line and grade, subject to review by the Town Engineer. 3. The contractor/owner will pay for routine tests required by the specifications and for any additional tests called for by the Town Engineer. 4. At conclusion of the work, the Town Engineer will conduct a"final inspection and receive test reports. When the project is satisfactorily completed and approved, the contractor/applicant will be so notified. D. The self-certification process for inspection will in- clude the following procedure and requirements: 1. The owner, in addition to choosing a contractor, shall choose an engineer of record, acceptable to the Town Engineer, to be responsible for the major inspection of the project. 3 2. An Agreement For Inspection of Public Improvements shall be signed by the owner, the contractor, the engineer-of-record, and the Town. This contract details the responsibilities of the engineer-of-record for the work. 3. The Town Engineer will maintain oversight of the project, will perform final inspections, and approve the project when all requirements have been satisfactorily completed. SECTION 8: BAi~RICADES The permittee and/or his contractor shall adequately barri- cade his work in accordance with the latest edition of the Feder- al Highway Safety Administration's Manual on Uniform Traffic Control Devices and shall install sufficient warning lights and signs to protect the public. Permitte'e"~ha-l! notify and obtain approval from the Town Police Department before closing or barri- cading any street or public right-of-way. SECTION 9: SEVERABILITY If any provision of these regulations or its applications to any person or circumstance is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or applications of these regulations which can be given effect without the invalid provision or application, and to this end the provisions of these regulations are severable. ADOPTED: 9-17-91 TOWN OF MARANA REGULATIONS FOR ROUTINE UTILITY SERVICE CON1FECTIONS AND MAINTE- NANCE IN TOWN RIGHTS-OF-WAY SECTION 1. PERMIT REQUIRED No public r~ght-of-way shall be cut, trenched, or excavated, shall have any fixed object removed, or shall have any object placed there-in by any person unless a permit has first been obtained from the Town of Marana. "Public right-of-way", as used herein, shall include (1) alleys, streets, and drainageways dedicated to the Town of Mararia or to the public; (2) other easements dedicated-t'o the public; and (3) other property owned by the Tow~. These regulations apply to routine service connections and main- tenance work within public rights-of-way. Installation of mainline distribution and collection facilities and related structures and fittings are not included in these regulations. SECTION 2. EXCEPTIONS TO PERMIT REQUIREMENTS Section 1, shall not apply in the following cases: A. When work is done for municipal purposes by Town personnel and equipment or under a contract administered by the Town. B. When, in an emergency, it is impractical to obtain a permit before work is begun. The Town Police Department shall be immedi- ately notified prior to commencing work, and permit shall b~e applied for within two business days. SECTION 3. APPLICATION FORMS Application for a right-of-way excavation permit shall be made on forms furnished by the Town. Requests for such forms may be made by phone or by mail at the Marana Town Hall. Completed applications may be submitted either to the Town Clerk or to the Town Engineer by mail or in person by the applicant or his agent. sEcTION 4. FEES The fee for a right-of-way excavation permit shall be set by Resolution of the Town Council from time to time. The most cur- rent Resolution shall be attached to these regulations. Permits obtained after work has started, other than work performed under Section 2 B, shall cost double the normal rate, and failure to make timely application under the provision of section 2 B shall result in a double fee for the permit. Paying a double fee does not waive other penalties under these regulations. No fees shall be required for excavation work in rights-of-way that results from public improvements authorized by the Town Council. SECTION 5. PERMITS REQUIRED FROM OT~ER GOVERNMENTAL AGENCIES AND PUBLIC UTILITIES Permits are required for work done in the Town rights-of-way by other governmental agencies and by public utilities. SECTION 6. CONDITIONS FOR OBTAINING A PERMIT A. Each applicant for a permit and/or his agent and/or the con- tractor doing the work will be required, before the issuance of the permit, to: 1.'--Except for utilities certificatedlby-the A~izona Corporation commission, furnish bonds, insurance, or assurance, in a form satisfactory to the Town, holding the Town harmless and/or free of liability arising out of said work; and 2. Not be delinquent in payments due the Town on prior similar work; and 3. Provide evidence that he is competent and equipped to do the proposed work; and 4. Submit plans of the subject location and adjacent properties (1) showing existing surface conditions, including pavement, curbs, driveways, walk, and landscaping ~, (2) showing existing underground installations, and (3) diagraming the work to be performed. E. Permits sought by certificated utilities or by government agencies shall be applied for by that utility or agency, and shall be signed by the designated responsible official. If the work is to be contracted, the contractor shall be listed on the application, but the contractor will not be the applicant. SECTION 7. ISSUANCE OF PERMIT Completed application forms shall be reviewed by the Town Engi- neer. The To~n Engineer will issue the permit when (1) the appli- cation has been approved by the Town Engineer and (2) when the permit fee has been paid by a check made out to the Town of Marana, or if and when the utility or agency has established a billing relationship with the To~n Clerk. SECTION 8: CONFORMANCE TO RULES AND REGULATIONS A. All work shall conform to (1) Pima County/City of Tucson Standard Specifications for Public Improvements and Standard Details for Public Improvements, (2) revisions thereto issued by the Town Engineer, (3) other Town details and/or specifications approved by the Town Engineer, (4) the requirements of these regulations, and (5) any and all specifications and regulations now or hereafter adopted by the Tow~ of Marina. B. The permittee and/or his contractor shall be required to participate in the "Blue Stake" provisions of the State Law. Permission to pothole will be granted under those provisions, provided that all Town property is returned to substantially its original condition. If the permittee and/or his contractor do not follow these provisions, he or they shall be held responsible for any damage to, and for maintenance and protection of, existing utilities and structures. C. Unless otherwise stipulated in the permit, all pavement resur- facing after excavation shall be done by the permittee or his contractor. Permanent pavement repairs shall be completed within 30 (thirty) working days after backfilling the trench. Temporary pavement'repairs shall be completed'immediately. D. Completed excavation, backfill, and pavement repair shall be guaranteed free of defect by the Applicant and his contractor for a period of one year after acceptance by Town Officials. E. Not more than one direction of travel may be blocked at any one time, unless specifically allowed due to extenuating circum- stances. F. Permission for roadway pavement cuts shall be granted within the Town rights-of-way or roadways on any bituminous and/or concrete pavement structures that are five years old or newer only after the Town Engineer has been assured that all other methods of connecting the customer have been reviewed and found, in the sole discretion of the Town Engineer, to be impractical; or in the event of an emergency. Verification of street age may be obtained from the Marana Road Supervisor or Town Engineer. SECTION 9. COMPLETION AND INSPECTION OF WOR!~ All work shall be subject to inspection by the Town. A. The Town's interests in terms of location of work, backfilling of trenches, pavement replacement, and restoration of site to at lease preconstruction condition may be inspected by the permittee by a self certification process. This process shall include: 1. Filing a letter with the Town indicating that the utility (a) is authorized by the ~_rizona Corporation Commission to work within the public rights-of-way, (b) is a permanent presence in the community, and (c) will react promptly to a request from the Tow~ to correct any deficiencies resulting from work done under a permit. 2. The contractor or applicant insuring that, at all times when work is under way on the site, a responsible person is present who by reason of experience and knowledge is gualified to judge the quality of the work being performed. 3. Records of test results, performed by a laboratory approved by the Town Engineer or by a NICET-certified technician, to show that standards of materials, density, and pavement replacement have been met. At the option of the Town, trench backfill compac- tion tests may not be required, outside of the roadway prism, if the excavated material is hauled off and AB is used for the backfill. B. Other permittees shall be subject to full Town inspections. C. The Marana Road Supervisor shall be notified in all cases by the permittee (1) before work is started, (2) upon completing backfill, and (3) upon completion of the work. If the permittee is not working under self-certification, he shall not proceed with pavement replacement until the backfill has been approved. D. ~The 'permittee will be required' to furnish evidence, acceptable to Town Officials, that the required compaction density has been obtained. This evidence may be in the form of tests and certifi- cation from a certified testing laboratory, or from any engineer- ing technician certified by the National Institute for Certifica- tion in Engineering Technologies at Level II or higher, or from any registered professional civil or geological engineer. The location of the test(s) shall be clearly sho~n on the report from the permittee. The test report must be submitted within thirty (30) working days after tests are taken. E. Any required testing and/or inspection designated by the permit or required by the To%rn shall be at the expense of the permittee or his contractor. SECTION 10. BARRICADES; NOTICE The permittee and/or his contractor shall adequately barricade his 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. Permittee shall notify and obtain approval from the Marana Police Department before closing or barricading any street or public right-of-way. SECTION 11. PERMIT EXPIRATION A permit shall expire if work is not started within 30 days of issuance or if not completed within 10 days after the stated completion date. If a permit has expired, a new permit must be applied for and issued before beginning or completing the work. SECTION 12. VARIANCE FROM STANDARDS The Town Engineer may authorize variances from the standard provisions outlined in Section 8 where no curb exists, and where unusual topographical conditions, nature of existing construc- tion, or similar factors would make adherence to such standard provisions unreasonable. SECTION 13. PENALTIES FOR VIOLATIONS Any violation of these regulations shall be a Class I misdemeanor. Each day during which the provisions of these regu- lations are not complied with shall be considered a separate violation. SECTION 14. SEVERABILITY If any provision of these regulations or its applications to any person or circumstance is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or applications of these regulations which can be given effect without the invalid provision or application, and to this end the provisions of these regulation are severable. ADOPTED: 9-17-91