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HomeMy WebLinkAboutOrd 1991-17ORDINANCE 91-17 AN ORDINANCE OF THE COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS TOWN CODE BY ADDING THERETO A NEW CHAPTER 16 ENTITLED STREETS AND SIDEWALKS, AND PROVIDING FOR ENCROACHMENT PERMITS FOR PUBLIC STREETS, RIGHTS -OF -WAY AND WATER COURSES AND REPEALING CODE SECTION 7-6 AND ANY -. OTHER ORDINANCES INCONSISTENT HEREWITH: BE IT ORDAINED BY THE COMMON COUNCIL OF THE.TOWN.OF FOUNTAIN HILLS AS FOLLOWS: Section 1. The Fountain Hills Town Code is hereby amended by adding thereto a new Chapter 16 entitled STREETS AND SIDEWALKS to read as follows: Article 16-1. Encroachments Section 16-1-1. Definitions The following words, terms and phrases, when used in this ® article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: "Encroach" or "encroachment" means going over, upon or under or using any right-of-way or water course in such manner as to pre- vent, obstruct or interfere with its normal use, including but not limited to the performance of any of the following acts: (1) Dig up, break, excavate, tunnel, undermine or in any manner break up or disturb the surface of any right-of-way or water course. (2) Erect or maintain any flag, banner, decoration, post, sign, pole, fence, guardrail, wall, loading platform, pipe, conduit, wire or other structure on, over or under the surface of any right-of-way or water course. (3) Place or leave any rubbish, brush, earth or other material of any nature whatsoever in any -right-of-way or water course. (4) Construct, place, maintain on, over or under any right-of-way or water course any pipe, conduit, wire, cable or other fixture. (5) Move or caused to be moved over the surface of any ® right-of-way, or over any bridge, viaduct, or other structure maintained by the Town any vehicle or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics capable of damaging such right-of-way, bridge, viaduct or other structure. (6) Lighting or building a fire in any right-of-way or water course. (7) Construct, place, plant or maintain any structure, embankment, excavation, tree or other object adjacent to a right- of-way or water course which causes or will cause an encroachment.-: (8) Apply paint or other marking materials to any pave- ment located in any right-of-way. "Permittee" means any person who proposes to do work or encroach upon a right-of-way or water course as herein defined and who has been issued a permit for such encroachment by the Town. "Public street" means the full width of.the right-of-way of any road, street, highway, lane or pedestrian walkway used by or for the general public, whether or not the road, street, highway, alley, lane or pedestrian right-of-way has been improved or accepted for maintenance by the Town. "Public street" does not include streets and highways forming part of the State highway system. ® "Right-of-way" means land which by deed, conveyance, agree- ment, easement, dedication, usage or process of law is reserved for or dedicated to the general public or the Town for street, highway, alley, or pedestrian walkway purposes. "Water course" means a channel for the carrying of storm water, including both natural and artificial water courses which have been by deed, conveyance, agreement, easement, dedication, usage or process of law dedicated to the Town or the general public for such purposes. Section 16-1-2 Permit Required (a) It shall be unlawful for any person to encroach upon any right-of-way or water course as defined in Section 16-1-1 without obtaining an encroachment permit from the Town Engineer. (b) Any construction or work undertaken prior to applying for and securing the required permit shall be immediately terminated upon orders of the Town Engineer until such permit is obtained. (c) The placement of traffic control markings on pavements and curbs by the Town and the marking of pavements, curbs and side- walks by utility companies, engineers and surveyors to indicate the location of underground utility lines and monuments in connection with surveying, construction and maintenance work may be done with- ® -2 out a permit; however, all other pavement, curb and sidewalk markings require a permit; unless otherwise excepted by this Article. (d) No permit is required for a continuing use or maintenance of encroachments lawfully installed by public utilities, for changes therein or thereto where such changes or additions require no excavation of the right-of-way. Section 16-1-3 Other Exceptions to Permit Requirement (a) Mailboxes. (1) No permit is required for the placement of mailboxes in the right-of-way provided such mailbox conforms to the require- ments of this subsection. (2) All mailboxes shall be mounted 36 -inches above grade. (3) The following sizes of mailboxes as authorized by the postal department are authorized to be installed in the Town. All mailboxes shall be black or light pastel shade to, blend in with the area. (i) 19 inch length, 6.5 inch width, 8.5 inch ® height. (ii) 21 inch length, 8.8 inch width_,- 10.5 inch height. F` LJ (iii) 23.5 inch length, 11.5 inch width, 13.5 inch height. (4) The owner of a mailbox installed pursuant to this subsection shall hold harmless the Town from any and all losses of any kind or description that may result from the mailbox being placed in the Town right-of-way. (5). The mailbox shall be placed so as not to present a hazard to persons lawfully using the right-of-way. (b) Landscaping (1) No permit is required of any owner or tenant, of a single family or two family residential structure abutting any right-of-way, and any contractor employed by such owner or tenant to conduct the following activities in that portion of the right- of-way abutting the property and lying between the property line and the curb or traveled portion of the right-of-way: (i) Plant shrubs, grass or other decorative plants. - 3 - (ii) Place decomposed granite or other, similar, decorative rock materials. (iii) Place decorative lighting. (iv) Trench to a depth not exceeding twelve (12) inches provided such trenching does not involve cutting any curb, sidewalk or pavement. (2) All landscaping placed in the right-of-way pursuant to this subsection shall be placed in such a manner. as not to present a hazard to the public. If, in the opinion of the Town Engineer, any such landscaping in potentially harmful.to any public utility or other public improvement located in the right-of-way or - constitutes as a hazard to the public, the Town Engineer may order its removal. (c) No permit or fee is required in order to.paint-a .house. number on a curb. (d) No permit or fee under this Article is required for work in any right-of-way in connection with the construction or recon- struction or alteration of any single family or two family residen- tial structure provided a building permit has been issued by the Town for such construction, reconstruction or alteration and the work in the right-of-way does not involve the cutting or ® construction of any curb, sidewalk or pavement. Section 16-1-4 Application for Permit (a) The Town Engineer shall prescribe and provide a regular form of application for the use of applicants for permits required by this article. The application shall show such information and details as the Town Engineer deems necessary to establish the exact location, nature, dimensions, duration and purpose of the proposed encroachment. (b) When required by the Town Engineer, the application shall be accompanied by maps, sketches, diagrams or similar exhibits. The same shall be of the size and in the quantity prescribed by the Town Engineer and of sufficient clarity to illustrate the location, dimensions, nature and purpose of the proposed encroachment and its relation to existing and proposed facilities in the right-of-way or water course. (c) The applicant shall enclose with, or attach to, the application the written order or consent to any work thereunder which may be required by law to be obtained. A permit shall not be issued until such order of consent is first obtained and evidence thereof is supplied to the Town. 0 - 4 - (d) No changes shall be made in the location, dimensions, character or duration of the encroachment as granted by the permit except upon written authorization of the Town Engineer. (e) Before issuing an encroachment permit which will affect any water line trench or sewer line trench, the Town Engineer may require the applicant to obtain the approval of the Chaparral City Water Company and the Fountain Hills Sanitary District, respectively. Section 16-1-5 Issuance of Permit Applications for encroachment permits may be approved, condi- tionally approved or denied. When the Town Engineer finds that the application is in accordance with the requirements of this article, he shall issue a permit for the encroachment, attaching such condi- tions as are necessary for the health, safety and -welfare 'of the public and for the protection of the Town. If the Town Engineer finds the application is in conflict with the provisions of this article, the permit shall be denied and the applicant given written reason for the denial. No permit is valid unless signed by the Town Engineer or his designee. Section 16-1-6 Assignment Encroachment permits shall be issued only to the person making ® application therefore and may not be assigned to another person by the permittee. If any permittee assigns his permit to another, the permit shall be void. Section 16-1-7 Fees (a) A minimum of thirty dollars ($30) shall be charged and paid to the Town for each encroachment permit. All other required fees, including those in subsection (b) of this section, shall be paid in addition to this required base fee. (b) The following inspection and permit fees are required for the specified encroachments, and must be paid in addition to all other required fees, including those in subsection (a) of this section. ITEM UNIT FEE Roadways: 211/6" Paving A.C. Square Yard $.30 per Square Yard 1" Paving -Overlay or Square Yard $.05 per Square Yard Top Course 1" ABC or Select Subbase Permanent Barricading Square Yard Each $.03 per $11.00 Each Square Yard Guard Rail/Hand Rail Linear Foot $.10 per Linear Foot ® -5- Survey Monuments Each Adjustments MH, etc. Each ® 4" Paving -PC Concrete Square Yard Decorative Sidewalk or Paving Square Foot Sidewalk & Bikepath Square Foot Curb & Gutter Linear Foot Valley Gutter Square Foot Concrete Apron Each Scuppers Each Sign (Regulatory, Street etc) Each Striping Linear Foot Pavement Cuts Square Foot Driveway Cuts Each Water: Water Line Trench Sewer• Sewer Line Trench Drainage• $5.00 Each $6.00 Each $.22 per Square Yard $.10 per Square Foot $.05 per Square Foot $.16 per Linear Foot $.29 per Square Foot $7.50 Each $10.00 Each $4.00 Each $.10 per Linear Foot $.40 per Square Foot $20.00..Each. Linear Foot •.. $.10 per_Linear..Foot ._. Linear Foot $.10 per Linear Foot Drywells (Maxwell or Similar) Each $35.00 Each Storm Drain Pipe Linear Foot $.68 per Linear Foot ® Catch Basins, Headwells, MH Each $15.00 Each Cutoff Walls Linear Foot $.15 per Linear Foot Slope Protection Square Yard $.25 per Square Yard Box Culverts 3.25% of attached estimate Miscellaneous: Landscaping Irrigation Lighting Grading Utility Trench Utility Splice and Repair pits (outside pavement) Other 3.25% of attached estimate 3.25% of attached estimate 3.25% of attached estimate 3.25% of attached estimate Linear Foot $.10 per Linear Foot Each $10.00 Each 3.25% of attached estimate (c) If any construction or work is undertaken prior to applying for and securing the required permit, the work shall be terminated until a permit is granted, and the fee shall be one and one-half (1 1/2) times the fees listed in subsections (a) and (b) of this section. Section 16-1-8 Insurance; Holding Town Harmless (a) The permittee shall be responsible for all liability 0 - 6 - imposed by law for personal injury or property damage arising out ® of or related to work performed by the permittee under the permit, or arising out of the failure on the permittee's part to perform his work under the permit. If any claim of such liability is made against the Town, its officers or employees, permittee shall defend, indemnify and hold them harmless from such claim, including .claims alleging the negligence of the Town, its officers and employees. (b) No applicant shall be entitled to an encroachment permit unless he shall have filed and maintained on file with the Town 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 in the State, insuring the applicant and the Town and its 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;: -its -agents or employees while performing any work under the .permit. Such insur- ance shall be primary and provide comprehensive general liability coverage, including completed operations coverage, for all liabil- ity assumed by the applicant under subsection (a) of this section, and shall be provided by the permittee in the following minimum amounts: Five hundred thousand dollars ($500,000.00) combined single limit. The Town Engineer may require higher insurance coverage for ® any particular encroachment permit when he deems it appropriate. (c) Failure by the applicant to provide. the Town with such a - certificate, and failure by the Town to demand the filing by per- mittee of such a certificate before such a permit is issued, shall not be deemed to waive the permittee's obligation to provide the insurance. Such insurance certificate shall remain in effect and be kept on file with the Town until all work to be performed by the permittee under the permit has been completed. Where an encroach- ment involves a permanent. obstruction, such insurance certificate requirements shall remain in effect until such obstruction is removed. The insurance certificate shall provide that coverage shall not be canceled or expire without providing thirty (30) days written notice of such action to the Town. Section 16-1-9 Term of Permit The permittee shall begin the work authorized by a permit issued pursuant to this article within ninety (90) days from date of issuance, unless a different period is stated in the permit. If the work is not so begun, the permit shall become void. The per- mittee shall complete the work authorized by the permit within the time specified in the permit. Where an encroachment involves a permanent obstruction, other ordinance stipulation shall remain in effect until the obstruction is removed. 0 - 7 - Section 16-1-10 Display ® The permittee shall keep the permit at the site of work, or in the cab of a vehicle when movement on a public street is involved. A permit issued for a continued use or maintenance of an encroach- ment may be kept at the place of business of the permittee or otherwise safeguarded during its term. In all cases the permit must be shown to any authorized representative of the Town on demand. Section 16-1-11 Supervision and Inspection of Work The Town Engineer may make inspections necessary in connection with the permits issued under this article to insure conformance to this article and the terms of the permit. All work done under such permits shall be to the satisfaction of the Town Engineer. The permittee shall notify the Town Engineer twenty-four :(24). hours prior to starting work under a permit and shall also .notify the Town Engineer twenty-four (24) hours prior to any backfill being placed in connection with work under the permit. If the permittee fails to give such notification, the Town Engineer may order the work re -excavated, at the permittee's expense, in order to permit appropriate inspection. Section 16-1-12 Revocation of Permit ® (a) A right-of-way encroachment permit may be revoked by the Town when the right-of-way, or any portion thereof, occupied and used by the permittee is needed or required by the Town, and upon notice from the Town, the permittee shall promptly remove all pro- perty belonging to him from the right-of-way. (b) If at any time the Town Engineer finds that the delay in the completion of the work authorized by the encroachment permit is due to lack of diligence on the part of the permittee, he may cancel the permit and restore the right-of-way or water course to its former condition. The permittee shall reimburse the Town for all expenses incurred by the Town in restoring the right-of-way or water course. Section 16-1-13 Manner of Giving Notice All notices required by this article to be given by the permittees to the Town shall be given at the office of the Town Engineer. Any notice to be given to a permittee shall be deemed to have been received by him upon mailing by certified mail to the address shown on the permit, or when it has been referred to in or attached to any permit received by him. Section 16-1-14 Standards and Specifications The Town Engineer may establish such standards and specifica- - 8 - tions necessary for the proper construction, use and maintenance of ® encroachments. Any work or use done under a permit issued under provisions of this article shall conform to such standards and specifications. In instances where alteration or modification will be required, the Town Engineer may issue an advisement letter or a directive pertaining to standards and specifications required for a particular encroachment. Section 16-1-15 Appeal Any person aggrieved by the action of the Town Engineer under this article may appeal such decision to the Town Manager. The aggrieved person shall file a notice of appeal, in writing, with the Town Manager within seven days after final action by the Town Engineer. The Town Manager may affirm, modify, or reverse the action of the Town Engineer from which the appeal is taken. Any person aggrieved by the decision of the Town Manager may further appeal such decision to the Town Council. The aggrieved person shall file a notice of appeal, in writing, with the Town Clerk within seven days after final decision by the Town Manager. The Town Council may affirm, modify, or reverse the action of the Town Manager for which the appeal is taken. Section 16-1-16 Existing and Emergency Work This article does not prevent any person from maintaining any ® pipe or conduit lawfully on or under any public street, or for making excavations necessary for a preservation of life or property when an urgent necessity therefore arises while the Town offices are closed. A person making an emergency use or encroachment on a public street shall apply for a permit therefor within one (1) cal- endar day after the offices of the Town are open. Section 16-1-17 Authority of Council to Prohibit Specific Excavations (a) The Town Council may prohibit a specific excavation after hearing as provided.in this section. (b) Notice of the hearing shall be given by: (1) Mailing a notice to all owners of the property abut- ting that portion of any street in which excavation is to be prohi- bited as shown in the latest equalized assessment role, not less than fourteen (14) days, excluding the day of hearing, prior to the date of the hearing. (2) Publication of a notice in a newspaper of general circulation of not less than ten (10) days, excluding the day of hearing, prior to the date of the hearing. 0 - 9 - (3) Posting notices along the line of the street of not ® more than 300 foot intervals on each side of the street not less than ten (10) days, excluding the day of hearing, prior to the date of the hearing. (4) Mailing written'notice to all public utility com- panies, water districts and flood control districts having juris- diction, not less than fourteen (14) days including the day of hearing, prior to the date of hearing. (c) The notice shall include: (1) The name of the street. (2) The termini of proposed prohibition of excavation. (3) A description of street improvements to be made. (4) The length of time proposed for prohibition of excavation. (5) A statement as to the necessity of abutting owners completing all anticipated street excavation prior to placement of proposed paving. (6) The proposed commencement date for paving. ® (7) The date, time, and place of public hearing at which the Town Council shall hear objections to the proposed prohibition of excavation. (d) The Town Council shall hold a public hearing at the time, date and place specified in the notice. At the hearing, the Town Council shall receive and consider the objections from property owners and others having a valid interest in the proposed prohibi- tion of excavation. The Town Council may continue the hearing until another day and hour if it so desires. The hearing shall be held not less than ninety (90) days prior to the proposed date for commencement of work on the improvement. (e) After closing the hearing, the Town Council may, by reso- lution, declare a prohibition on excavation within the traveled way for the period specified in the resolution on all or a portion of the proposed improvement. Failure to adopt such resolution within thirty (30) days of the close of the hearing shall be deemed to end the proceedings. Section 16-1-18 Excavations and Newly Paved Streets No excavation shall be permitted in a newly paved, resurfaced or sealed public street for the following period following comple- tion of such improvement. 0 - 10 - (1) Construction or reconstruction of a structural sec- tion, four years. (2) Surfacing, resurfacing or sealing of an existing structural section, two years. In the event of an emergency, the above periods may be waived by the Town Engineer. Section 16-1-19 Compliance With Other Laws A permittee shall keep himself adequately informed of all state and federal laws and local ordinances and regulations which in any manner affect the permit. The applicant shall at all times comply with and shall cause all his agents and employees to comply with all such laws, ordinances, regulations, decisions, court and similar authoritated orders. Section 16-1-20 Cost of Work All work authorized by an encroachment permit shall be done at the sole cost and expense of the permittee and shall be done at such time and in such manner as to cause the least inconvenience to the traveling public, and as directed by the Town Engineer. Section 16-1-21 Article Not Applicable to Town Work ® The provisions of this article shall not be applicable to any work done in any right-of-way or water course under the direction of competent town authority by employees of the Town, or by any contractor of the Town performing work for and on behalf of the Town necessitating openings or excavations in streets. Section 16-1-22 Liability of Town This article shall not be construed as imposing upon the Town or any official or employee thereof any liability or responsibility for damages to any person injured by performance of any work done pursuant to an encroachment permit issued hereunder; nor shall the Town or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or the approval of any work done pursuant to such a permit. Section 2. Section 7-6 of the Fountain Hills Town Code and any other prior ordinances, provisions of the Town Code or resolutions inconsistent with the provisions of this ordinance are hereby repealed. Passed and adopted by the Mayor and Common Council of the Town Is of Fountain Hills, Arizona, this 7th day of November, 1991. QaLll� o M. Cutillo, Mayor ATT�ES�T� �TO: Cassie B. Hansen, Town Clerk APPROVED AS TO FORM: William E. Farrell, Town Attorney REV ED BY: i Gvv - Paul Nordin, Town Manager ® - 12 -