Chapter 10.40
PERMITS
Sections:
10.40.010 Permit requirements.
10.40.030 Sidewalk grade and alignment standards.
10.40.040 Construction requirements.
10.40.010 Permit requirements.
A. No street, alley, roadway, public property or public right-of-way shall be cut, trenched, bored, excavated, improved or removed or any object placed therein by any person without first having obtained a right-of-way permit from the town.
B. In connection with the requirements for asphalt pavement replacement, and on asphalt pavements having an overall condition index (OCI) of over 80, as verified by the town engineer, the following regulations apply:
1. 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.
2. No open pavement cuts shall occur without the permission of the town engineer, except in the following situations:
a. Emergencies which endanger life, property or public health and safety.
b. Interruption of essential utility service.
c. Work that is mandated by state or federal legislation.
d. Unforeseen circumstances where the financial burden outweighs the benefit to the roadway infrastructure.
e. Other situations deemed by the town engineer to be in the best interest of the general public.
3. The applicant shall submit a letter to the town engineer assuring that all other methods of construction have been reviewed and are impractical.
4. The applicant shall guarantee the cut for five years.
5. Replacement of trench paving shall match or exceed the most recent resurfacing pavement section depth and material or as directed by the town engineer.
6. Any excavation in a street with an OCI over 80 must include a full lane width repair as follows:
a. Arterial and Collector Roadways. All lanes that are affected shall receive a two-inch mill and overlay for 25 feet on either side of the edge of the excavation for the full width of the affected lanes.
b. Local Roads. A protective maintenance seal, including but not limited to a slurry seal, chip seal or microsurfacing, shall be placed for 25 feet on either side of the edge of the excavation for the full width of the affected lanes.
C. Any person, contractor, firm, utility company or corporation desiring to perform work which shall in any way impact the public right-of-way shall first apply for and obtain a permit from the town engineer. The town engineer or an authorized representative shall inspect the work for compliance with this chapter, and conduct a final inspection prior to acceptance of the work. For the purposes of this chapter, any person, contractor, firm, utility company or corporation desiring to do said work, even if they hire a contractor to perform the actual work, shall be known as the “applicant.”
D. A permit is not required for work done for municipal purposes, using town personnel and equipment.
E. 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. In addition to completion of all items required per the permit application, the applicant shall be required to:
1. Provide evidence that the contractor possesses an appropriate contractor’s license issued by the Arizona Registrar of Contractors.
2. Provide evidence that the contractor possesses a current town business license.
3. Prove the applicant is not delinquent in payments due the town on prior similar work activities.
4. Estimated cost of construction as required per the application form shall be in the form of a signed and approved contract showing the cost of the work, or a verifiable professional construction cost estimate.
5. Applicant shall submit construction plans of the subject location and adjacent properties that:
a. Show existing surface conditions, including pavement, curbs, driveways, sidewalks, signs, signals and landscaping; and
b. Show existing underground installations, if applicable; and
c. Diagram the work to be performed.
F. 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, or authorized representative, 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, or authorized representative, finds that the proposed construction does not interfere with and is consistent with a current or future development project.
3. The town engineer, or authorized representative, 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 all permits and approvals necessary as outlined in the right-of-way application, “Mandatory Agency Compliance Sheet.”
6. The applicant has submitted a traffic control plan that is approved by the town engineer, or authorized representative.
G. Waiver Requests for Permitting Fees.
1. All permits have some type of oversight that requires the town to cover the cost of personnel, both in the office and in the field. These costs may include standby and overtime pay for town employees.
2. When a town department other than public works requests a waiver or to reduce a permit fee, the town engineer will evaluate the costs associated with the town personnel required to be in the field, overtime or standby pay and that department shall cover the cost of the fee on behalf of the organization that it is representing.
3. If an organization, group or individual requests a permitting fee waiver regarding a special event, the town engineer will evaluate the costs associated with the town personnel required to be in the field, overtime or standby pay and make the decision on whether or not to waive all or a portion of the permit fee. This decision will be based on the costs that the town will bear for overseeing the permitted work or event.
H. Permit Revocation and Expiration.
1. A right-of-way permit shall expire, and shall be revoked automatically for work not started within 15 days after issuance of a permit. Permit fees shall not be refunded. A new permit shall be required before beginning or completing the work.
2. Permitted work activities shall be performed in compliance with all permit conditions, town standards, and specifications and requirements as outlined in this code. The permit may be revoked if, in the opinion of the town inspector, the work is not being performed to the standards outlined in this chapter. Reinstatement may be attained through reapplication with the town and is subject to new payment of all applicable fees.
I. The applicant assumes the responsibility and all liability for any injury or damage to any person or property caused by or arising out of the exercise of the permit. The applicant shall indemnify, defend and hold harmless the town of Sahuarita, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of the exercise of 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. In the event suit shall be brought and the town of Sahuarita is named as a defendant, all costs for counsel, either house counsel or retained counsel, and any other court costs associated with defending itself shall be paid by the applicant. [Ord. 2019-142 § 1; Ord. 2017-124 § 1.]
10.40.020 Inspection of work.
A. All work is subject to inspection and ultimate approval by the town engineer or authorized representative. 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 section.
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. At a minimum, the town inspector shall be notified by applicant/contractor a minimum of 48 hours before starting work and then again at least two hours before starting any backfill, and upon completion of the work. The permittee/contractor shall not proceed with any further work in each instance until authorized to do so by the town inspector.
2. All work shall be subject to inspection by the town, during construction and upon completion.
3. The town inspector shall be notified by the applicant/contractor after any concrete forms are set, and no concrete shall be placed or further construction started until approved by the inspector. The town inspector shall complete inspections within 24 hours of notification.
4. The applicant shall be responsible for staking line and grade, subject to review by the town engineer or authorized representative.
5. Any required testing and/or inspection designated by the permit or required by the town engineer shall be at the expense of the applicant.
6. If applicable, the applicant shall be required to furnish evidence, acceptable to the town engineer, that the required compaction density has been obtained. 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 II or higher or by the Arizona Technical Training Institute field technician level or from any registered professional civil or geological engineer. The location of where the test was taken shall be clearly shown on the report from the applicant. The test report shall be submitted within 30 working days after tests are taken.
7. At the conclusion of the work, the town engineer shall conduct a final inspection 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 (excluding utilities – see subsection D of this section) shall include the following procedures 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 final 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 following 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 deficiencies resulting from work done under a permit.
2. The applicant shall ensure 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 performed.
3. The applicant shall provide records of test results performed by a laboratory approved by the town engineer or by a technician certified by the National 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 the time frame 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 workmanship performed under the permit, proves defective, the applicant shall replace the work as specified by the town engineer. [Ord. 2017-124 § 1.]
10.40.030 Sidewalk grade and alignment standards.
Applicant/contractor shall follow, at a minimum, the standard provisions herein set forth for sidewalk construction:
A. Minimum width and grade to be in accordance with the Federal Government Americans with Disabilities Act (ADA) standards or town standards, whichever is more restrictive.
B. No sidewalk shall be installed unless a grade and line are established therefor. Sidewalks installed without an established grade and line shall be removed, modified or replaced in accordance with the Federal Government Americans with Disabilities (ADA) standards or town standards, whichever is more restrictive, at the sole cost of the applicant/contractor. [Ord. 2017-124 § 1.]
10.40.040 Construction requirements.
A. All work shall be at no cost and expense to the town and shall be done at such time and in such a manner as to be least destructive of the existing public improvements and for the shortest possible time.
B. 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.
C. Unless otherwise expressly approved in writing by the town engineer, all work shall conform to the following:
1. The Pima Association of Governments Standard Specifications for Public Improvements, 2014 Edition, and the Pima Association of Governments Standard Details for Public Improvement, 2014 Edition, or current revisions thereof.
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.
D. The applicant shall be responsible for verifying the location of all underground utilities in accordance with the Blue Stake laws prior to the commencement of any excavation and shall protect said utilities from damage. Any damaged utilities shall be repaired at no cost to the town.
E. If the work requires cutting of existing pavement, temporary pavement repair must be completed prior to leaving the work site. Temporary pavement repair shall be maintained in a manner acceptable to the town engineer, or authorized representative, by the applicant until permanent pavement repair is made.
F. Permanent pavement repairs shall be performed within 15 working days of the completion of the initial work or sooner if required, in writing, by the town engineer or authorized representative. The town engineer or authorized representative may grant an extension upon determining suitable cause.
G. If the applicant fails to maintain the temporary pavement repair, or if the permanent pavement repair is not performed within 15 working days of the completion of the initial work and an extension has not been granted pursuant to subsection F of this section, the town may select a contractor to perform all necessary work and the applicant shall be financially responsible for the costs associated with this work.
H. 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 by the town if so requested by the applicant. In either case, the applicant shall be responsible for all of the costs of the restoration. All traffic-control devices shall be approved by the town engineer or authorized representative.
I. The applicant shall not allow any condition to exist in connection with the exercise of the permit which would be a hazard or source of danger to the traveling public. If the work presents or becomes a hazard to the traveling public, the town may take immediate corrective action and bill the applicant for the full cost incurred for such corrective action.
J. The applicant shall provide, install and maintain traffic-control devices in accordance with the Federal Highway Administration’s “Manual on Uniform Traffic Control Devices for Streets and Highways” 2009 Edition, and all subsequent revisions. The applicant shall submit, with his permit application, a traffic-control plan for approval by the town engineer or authorized representative.
K. If the work performed under the permit or in an emergency fails to pass final inspection, the applicant shall remove or replace the same within such time as specified by written notice from the town engineer, or authorized representative; or if any material used by the applicant in replacing or reconstructing any part of the work, or workmanship performed under this permit proves defective, the applicant shall replace the same as specified by the town engineer or authorized representative.
L. In the event the applicant performs work not authorized by the permit or under the provisions for commencing emergency repairs, the applicant shall be responsible for its removal within 15 working days of being notified, or the town may have this unauthorized work removed by a competent contractor at no cost to the town.
M. In the event the applicant does not repair the road and right-of-way to the conditions set forth by the town engineer within 30 days of a notice of deficiencies, the applicant, by the acceptance of a permit, agrees to be responsible for all costs of completing such repair, and in the event suit is necessary, agrees to be responsible for all costs of collection including but not limited to court costs and attorney’s fees. [Ord. 2017-124 § 1.]
10.40.050 Emergency work.
In the case of an emergency requiring immediate work within the town right-of-way, the applicant shall make a diligent effort to telephone the permit section prior to commencement of work. Such emergency work shall be halted should a stop work order be issued by the town engineer. A permit shall be applied for, under the same procedures set forth in STC 10.40.010, within two business days of commencing emergency work. [Ord. 2017-124 § 1.]