HomeMy WebLinkAboutOrd 1997-07 ORDINANCE 97-07
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN CODE, CHAPTER 16,
STREETS AND SIDEWALKS, ARTICLE 16-1, ENCROACHMENTS, SECTION 16-1-1,
DEFINITIONS, 16-1-2, PERMIT REQUIRED, 16-1-12, REVOCATION OF PERMIT, 16-
1-16, EXISTING AND EMERGENCY WORK, AND 16-1-18, EXCAVATION OF
NEWLY PAVED STREETS, BY ADDING A DEFINITION OF "URGENT NECESSITY"
AND BY ADDING PENALTIES FOR FAILING TO IMMEDIATELY RESTORE THE ROAD
SURFACE AND FOR EMERGENCY EXCAVATION OF NEWLY CONSTRUCTED OR
RESURFACED STREETS.
BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS AS FOLLOWS:
Section 1. That the Town Code Chapter 16, Streets and Sidewalks, Article 16-1,
Encroachments, Section 16-1-1, Definitions, is hereby amended to read as follows:
F. "URGENT NECESSITY" MEANS DAMAGE TO ANY PIPE OR CONDUIT THAT POSES AN
IMMEDIATE THREAT TO LIFE, PROPERTY, OR LOSS OF UTILITY SERVICE, THE REPAIR OF
WHICH MAY NOT BE POSTPONED UNTIL AN ENCROACHMENT PERMIT IS ISSUED
WITHOUT INJURY TO PERSONS OR SUBSTANTIAL DAMAGE TO SUCH PROPERTY.
Section 2. That the Town Code Chapter 16, Streets and Sidewalks, Article 16-1,
Encroachments, Section 16-1-2, Permit Required, is hereby amended to read as follows:
Section 16-1-2 Permit Required
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
CONTINUING USE, MAINTENANCE, changes or additions require no excavation of
the right-of-way.
Section 3. That the Town Code Chapter 16, Streets and Sidewalks, Article 16-1,
Encroachments, Section 16-1-12, Revocation of Permit, is hereby amended as follows:
Section 16-1-12 Revocation of Permit
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B. If at any time the Town Engineer finds, IN WRITING, that the delay in the
Liv 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. ALL COSTS AND FEES FOR ANY
RESTORATION PLUS A THREE HUNDRED DOLLAR ($300) ADMINISTRATIVE FEE SHALL
BE CHARGED TO THE PERMITTEE. IF A PERMITTEE FAILS TO PAY ANY FEES CHARGED
IN CONNECTION WITH A PERMIT UNDER THIS ARTICLE WITHIN FIFTEEN DAYS OF
RECEIPT OF NOTICE SUCH PAYMENT IS DUE, THE TOWN ENGINEER MAY REVOKE ALL
OF THE PERMITTEE'S EXISTING PERMITS AND MAY DENY ANY FURTHER PERMITS TO THE
PERMITTEE UNTIL PAYMENT IS RECEIVED FOR ALL FEES DUE. THE DETERMINATION OF
THE TOWN ENGINEER SHALL BE FINAL AND UNAPPEALABLE.
C. UNLESS SPECIFICALLY MODIFIED IN THE ENCROACHMENT PERMIT CONDITIONS,
FAILURE TO PERFORM THE FOLLOWING SHALL CONSTITUTE A LACK OF DILIGENCE ON
THE PART OF THE PERMITTEE:
1. STOP THE SEEP OR FLOW OF A LIQUID ONTO OR UPON A STREET WITHIN FIVE
(5) DAYS OF RECEIPT OF NOTICE FROM THE TOWN.
2. PROVIDE AND MAINTAIN REQUIRED BARRICADING AND OTHER NECESSARY
TRAFFIC CONTROL MEASURES, AS DETERMINED BY THE TOWN ENGINEER, FOR
THE ENTIRE PERIOD OF THE ENCROACHMENT.
3. CLOSE OR BACKFILL AN EXCAVATED AREA WHERE NO WORK IS OCCURRING
FOR A PERIOD OF THREE (3)CONSECUTIVE DAYS. THE TOWN ENGINEER MAY
REQUIRE THE PERMITTEE TO BACKFILL DAILY, INSTALL PLATES, OR TAKE OTHER
SUCH ACTIONS THE ENGINEER DEEMS NECESSARY FOR TRAFFIC SAFETY,
ACCESS, CIRCULATION, OR PROPER DRAINAGE.
4. PROVIDE A TEMPORARY PAVEMENT SURFACE (COLD PATCH) WITHIN THREE
(3) DAYS AFTER BACKFILLING; ADEQUATELY MAINTAIN THE TEMPORARY
PAVEMENT SURFACE; AND INSTALL THE PERMANENT PAVEMENT SURFACE
WITHIN THIRTY (30) DAYS AFTER BACKFILLING.
5. RESTORE IMPROVED LANDSCAPE AREAS WITHIN SEVEN (7) DAYS AFTER
BACKFILLING.
6. RESTORE NATIVE DESERT AREAS BY PLANTINGS, SPRIGGINGS, AND SEEDING
WITHIN SIXTY (60) DAYS AFTER BACKFILLING.
7. REMOVE STEEL PLATES WITHIN THREE (3) DAYS AFTER PLACEMENT ON
ROADWAYS WITH A POSTED SPEED LIMIT OF 35 MPH OR HIGHER. REMOVE
STEEL PLATES WITHIN TWENTY (20) DAYS FOR ANY OTHER ROADWAY UNLESS
SUCH STEEL PLATES ARE INSTALLED FLUSH WITH THE TOP OF THE
SURROUNDING ASPHALT.
D. ANY PERMIT HOLDER THAT HAS BEEN DETERMINED, BY THE TOWN ENGINEER, TO
HAVE SHOWN A LACK OF DILIGENCE, AS SET FORTH IN SUBPARAGRAPH C ABOVE,
TWO (2) OR MORE TIMES WITHIN TWELVE (12) CONSECUTIVE MONTHS, SHALL BE
GUILTY OF A CLASS 1 MISDEMEANOR.
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Section 4. That the Town Code Chapter 16, Streets and Sidewalks, Article 16-1,
Encroachments, Section 16-1-16, Existing and Emergency Work, is hereby amended as
follows:
Section 16-1-16 Existing-end Emergency Work
This article does not prevent any person from maintaining any pipo or conduit lawfully on
or undor any public stroot, 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 calendar day after the offices of the town are open.
Section 5. That the Town Code Chapter 16, Streets and Sidewalks, Article 16-1,
Encroachments Section 16-1-18, Excavations and Newly Paved Streets, is hereby
amended as follows:
Section 16-1-18 Excavations and Newly Paved Streets
C. NOTWITHSTANDING PARAGRAPH B OF THIS SECTION, ANY PERSON WHO CAUSES
EXCAVATION AS PRESCRIBED IN PARAGRAPH A OF THIS SECTION SHALL BE SUBJECT
TO A BASE FEE OF $100 PER EXCAVATION PLUS THE FOLLOWING FEE PER LINEAL
FOOT OF PAVEMENT REPLACEMENT:
SURFACE AGE (YEARS) FEE(PER LINEAL FOOT)
NEWLY PAVED OR OVERLAYED 0-2 $10
NEWLY PAVED OR OVERLAYED 2-4 $ 5
SLURRY OR CHIP SEALED 0-2 $ 2
THESE FEES MAY BE WAIVED BY THE TOWN ENGINEER WHEN THE EXCAVATION IS AN
APPROVED PART OF A COMPREHENSIVE PROACTIVE, SCHEDULED, REBUILD
PROGRAM OR AN EXTENSION OF SERVICE TO AREAS EXISTING AS OF 1991 IN
ADDITION TO ALL OTHER TERMS AND CONDITIONS OF THIS ARTICLE.
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Section 6. That Town Code Chapter 16, Streets and Sidewalks, Article 16-1,
Encroachments, is hereby amended as follows:
ARTICLE 16-1 ENCROACHMENTS
16-1-1 Definitions
16-1-2 Permit Required
16-1-3 Other exceptions to Permit Requirements
16-1-4 Application for Permit
16-1-5 Issuance of Permit
16-1-6 Assignment
16-1-7 Fees
16-1-8 Insurance; Holding Town Harmless
16-1-9 Term of Permit
16-1-10 Display
16-1-11 Supervision and Inspection of Work
16-1-12 Revocation of Permit
16-1-13 Manner of Giving Notice
16-1-14 Standards and Specifications
16-1-15 Appeal
16-1-16 Existing and Emergency Work
16-1-17 Authority of Council to Prohibit Specific Excavations
16-1-18 Excavations of Newly Paved Streets
16-1-19 Compliance with Other Laws
16-1-20 Cost of Work
16-1-21 Article Not Applicable to Town Work
16-1-22 Liability of Town
PASSED AND ADOPTED by the Mayor and Common Council of the Town of
Fountain Hills, Arizona this 15th day of May, 1997.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
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Jer d L. Iles, iVeeori
Cassie B. Hansen, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
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Paul L. ordin, Town Manager William E. Farrell, Town Attorney
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