HomeMy WebLinkAboutOrdinance 2013.011 amending title 12 of the town code relating to construction in town right of way�
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F. ANN RODRIGUEZ, RECORDER
Recorded By: SO
DEPUTY RECORDER
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SMARA
TOWN OF MARANA
TOWN CLERK
11555 W CIVIC CENTER DR
MARANA AZ 85653
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MARANA ORDINANCE NO. 2013.011
RELATING TO TRAFFIC AND HIGHWAYS; AMENDING TOWN CODE CHAPTER 12-7
(CONSTRUCTION IN TOWN RIGHTS-OF-WAY); MODIFYING PROVISIONS RELATED
TO THE PERMIT PROCESS; MODIFYING CONSTRUCTION REQUIREMENTS;
MODIFYING PROVISIONS RELATED TO THE IMPOSITION OF LATE FEES;
CLARIFYING PROVISIONS RELATED TO ENFORCEMENT OF VIOLATIONS; AND
DESIGNATING AN EFFECTIVE DATE
WHEREAS the Town Council is authorized by A.R.S. § 9-240 to exercise exclusive
control over the streets, alleys, avenues and sidewalks of the town; and
WHEREAS on January 22, 2008, the Town Council adopted Ordinance No. 2008.04,
adding Chapter 12-7 "Construction in Town Rights-of-Way" to the Marana 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
residents.
NOW, THEREFORE, BE IT ORDAlNED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION l. The amendments to the Marana Town Code Chapter 12-7 entitled
"Construction in Town Rights-of-Way", three copies of which are on file in the office of the
Town Clerk of the Town of Marana, Arizona, which were made a public record by and attached
as Exhibit A to Resolution No. 2013-058 of the Town of Marana, Arizona, are hereby referred
to, adopted and made a part of this ordinance as if fully set out here.
SECTION 2. The following penalty clauses are included in that portion of Chapter 12-7
amended pursuant to this ordinance:
12-7-12 Fees; late fees
[Paragraph A does not have any penalty clauses]
B. Permits obtained after work has started, other than work performed under
section 12-7-6, shall cost double the norrnal permit fee and shall be subject to a
late fee as established in the fee schedule.
C. Permits obtained under section 12-7-6 are also subject to double permit fees
and the late fee as established in the fee schedule if the permit application is
not filed within two business days of commencing emergency work.
Ordinance No. 2013.011
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D. Paying a double permit fee and/or a late fee does not waive any other
applicable penalties or violation fees for violation of this chapter.
12-7-13 Classification; penalties
A. A violation of this chapter is a civil infraction.
B. Violations shall be enforced pursuant to chapter 5-7 of this code, except that
upon issuing a finding in favor of the town, the magistrate shall impose a civil
sanction of not less than $1,500.
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.
SECTION 3. The various town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this ordinance.
SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions,
or motions of the Council in conflict with the provisions of this ordinance are hereby repealed,
effective as of the effective date of this ordinance.
SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, the decision shall not affect the validity of the remaining portions of this
ordinance.
SECTION 6. This ordinance shall become effective on July 22, 2013.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
Ax�zoNA, this 18�' day of June, 2013.
ATTEST:
celyn C. nson, Town Clerk
Mayor Ed onea
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Ordinance No.2013.011 - 2 -
MARANA RESOLUTION NO. �013-058
RELATING TO TRAFFIC AND HIGHWAYS; DECLARING AS A PUBLIC RECORD FILED
WITH THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE
NO. 2013.011 TO MARANA TOWN CODE CHAPTER 12-7 (CONSTRUCTION IN TOWN
RIGHTS-OF-WAY)
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the amendments to the Marana Town Code Chapter 12-7
(Construction in Town Rights-of-Way), 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, are
hereby declared to be a public record and ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 18�' day of June, 2013.
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Mayor Ed nea
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Mazana Resolutio n 2013-058
APPROVED AS TO FORM:
EXHIBIT A TO MARANA RESOL ZITION NO. 2013-OS8
Amendment to the Marana Town Code, Chapter 12-7 "Construction in Town Rights-of-
Way"pursuant to Marana Ordinance No. 2013.011
SECTION 1. Section 12-7-5 of the Marana Town Code is hereby revised as
follows (with additions shown with double underlining):
12-7-5 Pernut 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
engineer.
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,
typically by obtaining a town right-of-way license or franchise.
2. Furnish insurance in a form satisfactory to the town, indemnifying,
defending and holding harnlless the town, ' its officers, departments,
employees and agents from and against any and all suits, actions, legal or
administrative proceedings, claims, elemands or damages of any kind or
nature, arising out of the work under the pernut, which are attributed to
any act or omission of the applicant, its agents, emplayees 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 in an amount
�u�l to the cost of construction for all reauired im�rovements lu us 15
_�rc nt to ensure completion 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 12-7-10C require a
completed agreement for construction of public improvements before a
permit will be issued. Necessary forms are available from the town engineer.
EXHIBIT A TO MARANA RESOL UTION NO. 2013=058
Amendment to the Marana Town Code, Chapter 12-7 "Construction in Town
Rights-of-Way " pursuant to Marana Ordinance No. 2013.011
D. Completed applications will be reviewed by the town engineer. The town
engineer 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
improvement 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 2. Section 12-7-8 of the Marana Town Code is hereby revised as
follows (with deletions shown with st�ee��s and additions shown with d�
derliningl:
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-construetion meeting with the
town s right-of-way inspector at least two full work days before starting work.
B. Urtless 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 pernut.
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 comxnencement of any excavation
and shall protect any utilities from damage. All town property shall be
returned substantially to its original condition. The applicant shall be held
responsible for any damage to, and for maintenance and protection of,
existing utilities and structures.
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EXHIBITA TO MARA�VA RESOLUTIONNO. 2013-OS8
Amendment to the Marana Town Code, Chapter 12-7 "Construction in Town
Rights-of-Way" pursuant lo Marana Ordinance No. 2013.011
D. Unless otherwise stipulated to in the perrnit, 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
discontinued 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 perxnanent pavement repair is
not performed within 30 working days after backfilling the trench and an
extension 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-�ontrol 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 installatian.
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
presents or becomes a hazard or source of danger to the traveling public, the
town may take immediate corrective action and bil� 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 e�e � years after closeout of
permit or approval by the council, whichever occurs later.
I. 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 12-7-10C and D, the applicant shall not proceed
wi#h 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 pernut, 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.
T'he applicant shall submit a traffic control plan to the town engineer and
obtain approval before closing ar barricading any street or public right-of-
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EXHIBIT A TO MARANA RESOL UTION NO. 2013-058
Amendment to the Marana Town Code, Chapter 12-7 "Construction in Town
Rights-of-Way"pursuant to Marana Ordinance No. 2013.011
way. All traffic control devices shall be delivered and in �lace in conformance
with the a�vroved traffic control �lan �rior to the contractor bein� allowed to
b��in the work or to begin a new element of work reauiring chang,es to the
existing traffic control confi�,uration.
L. If the applicant performs work not authorized by the permit or under the
provisions for emergency repairs, the town shall notify the applicant of the
unauthorized 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
applican�s expense.
M. Where work is performed in a drainageway, drainage easement or designated
floodplain area, the applicant shall not at any time obstruct or diminish in any
manner the ability of the drainageway, drainage easement or designated
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 fihe land development code.
SECTION 3. Section 12-?-9 of the Marana Town Code is hereby revised as
follows (with deletions shown with st�es� and additions shown with double
underlinin�):
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 �ieu of
open trench. This shall include the removal and replacement of sidewalk to
acl�ieve working room for bore pits.
B. No open pavement cuts shall occur without the pexmission of the town
engineer, 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 e�e zv2 yeax� whichever period is longer.
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 accornplished
by this method and the town engineer approves an alternate method.
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EXHIBIT A TO MARANA RESOL UTION NO. 2013-058
Amendment to the Marana Town Code, Chapter 12-7 "Construction in Town Rights-of-
Way"pursuant to Marana Ordinance No. 2013.011
SECTION 4. Section 12-7-12 of the Marana Town Code is hereby revised as
follows (with deletions shown with r*M�'�� and additions shown with �i le
underliningl:
12 712 Fees; late fees
A. Ri�ht-of-wa�n� �fees ,
,
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 and shall be sul�ect to a
late fee as established in the fee schedule.
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C. Perxnits obtained under section 12-7-6 are also subject to dou�le permit fees
d the late fee as established in the fee schedule if the pernut application is
not filed within two business days of commencing emergency work.
D. Paving a double �ermit fee and/or a late fee does not waive an� other
annh 'cable penalties or violation fees €or violation of this cha�t� er•
SECTION 5. Section 12-7-13 of the Marana Town Code is hereby revised as
follows (with delerions shown with �l€ee�s and additions shown with ou
un erlinin�l:
12-713 �e� Classification; penalties
A. A violation of this chapter is a civil infraction.
B.
1 '� .� Violations shall be enforced �ursuant to chanter 5-7 of � this code.�
excg�t that u�on issuing a fin inq in favor of the town the magistrate shall
im�ose a civil sanction of not less than �1.500.
C. Any person violating the provisions of this chapter shall be responsible far a
separate offense far each and every day or portion of a day during which any
violation of this chapter is committed or pernutted.
D. In addition to any other penalties allowed by law, the magistrate shall order
abatement as neeessary.
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