Chapter 7
BUILDING

Articles:

7-1    Building Code

7-2    Plumbing Code

7-3    Electrical Code

7-4    Mechanical Code

7-5    Fire Code

7-6    Fuel Gas Code

7-7    Energy Conservation Code

7-8    Amendments to International Codes

7-9    MAG Standard Specifications and Uniform Details for Public Works Construction

7-10    Building Official

7-11    Duty to Provide Accurate Information; City Reliance

7-12    Utility Poles and Wires

7-13    Installation of Mailboxes; Other Obstructions

7-14    Outdoor Light Control

7-15    Swimming Pools

7-16    Construction in Public Rights-of-Way; Location and Relocation of Facilities in Public Rights-of-Way

7-17    Encroachment Permits for Sidewalks

Article 7-1
Building Code

Sections:

7-1-1    Adoption of International Building Code, 2012 Edition

7-1-3    Adoption of the International Residential Code, 2012 Edition

7-1-5    Conformance to Zoning Ordinance

7-1-7    Building Permit Fees

7-1-8    Violation; Penalty

Section 7-1-1 Adoption of International Building Code, 2012 Edition

That certain code entitled “International Building Code, 2012 Edition,” published by the International Code Council, is hereby adopted as the building code of the city of Litchfield Park, for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures in the city, and made a part of this chapter the same as though said code was specifically set forth in full herein, except as the same is amended by the City of Litchfield Park Amendments to the 2012 International Codes, effective May 1, 2016, adopted pursuant to Section 7-8-1 of this code. At least three copies of said code or one copy and one electronic copy shall be filed in the office of the city clerk and kept available for use and inspection. (Ord. 16-210 § 1; Ord. 09-152 § 1; Ord. 08-140 § 1)

Section 7-1-3 Adoption of the International Residential Code, 2012 Edition

That certain document entitled “International Residential Code, 2012 Edition,” together with Appendices B, C, G, H and J thereto, published by the International Code Council, is hereby adopted for regulating erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all R-3 occupancies in the city, and made a part of this chapter the same as though said code was specifically set forth in full herein, except as the same is amended by the City of Litchfield Park Amendments to the 2012 International Codes, effective May 1, 2016, adopted pursuant to Section 7-8-1 of this code. At least three copies of said code and appendices or one copy and one electronic copy shall be filed in the office of the city clerk and kept available for use and inspection. (Ord. 16-210 § 1; Ord. 09-152 § 1; Ord. 08-140 § 1; Ord. 01-65)

Section 7-1-5 Conformance to Zoning Ordinance

Whenever a building permit is issued and a building inspection performed, such building must conform to the provisions of the Zoning Ordinance of Litchfield Park in addition to the provisions of this chapter.

Section 7-1-7 Building Permit Fees

Building permit fees shall be set from time to time by resolution of the council.

Section 7-1-8 Violation; Penalty

Any person found guilty of violating any provision of Section 7-1-1 shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed two thousand five hundred dollars or by imprisonment for a period not to exceed six months, or both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as herein described. (Ord. 04-93 § 4)

Article 7-2
Plumbing Code

Sections:

7-2-1    Adoption of International Plumbing Code, 2012 Edition

7-2-2    Water Conservation

Section 7-2-1 Adoption of International Plumbing Code, 2012 Edition

That certain code entitled “International Plumbing Code, 2012 Edition,” published by the International Code Council, is hereby adopted as the plumbing code of the city of Litchfield Park, for regulating the installation, alteration and maintenance of plumbing systems in the city, and made a part of this chapter the same as though said code was specifically set forth in full herein, except as the same is amended by the City of Litchfield Park Amendments to the 2012 International Codes, effective May 1, 2016, adopted pursuant to Section 7-8-1 of this code. At least three copies of said code or one copy and one electronic copy shall be filed in the office of the city clerk and kept available for use and inspection. (Ord. 16-210 § 1; Ord. 08-140 § 1)

Section 7-2-2 Water Conservation

A.    General Provisions.

1.    All new pools shall have a sewer clean out located within fifty feet of the pool pumping equipment to allow discharge from the emptied pool to enter the sewer system for reuse.

2.    All new water services shall be required to install an approved shutoff valve within eighteen inches of the utilities water meter on the customer side. Customer is to be informed as to its location and operation.

3.    All new parks and large turf-related areas shall be designed for ultimate irrigation by effluent.

B.    Conflict With Plumbing Code. In the event of a conflict between any provision of the plumbing code and this section, the provisions of this section shall apply. (Ord. 00-59)

Article 7-3
Electrical Code

Sections:

7-3-1    Adoption of National Electrical Code, 2005 Edition

7-3-2    Amendments to the National Electrical Code, 2005 Edition

7-3-3    Public Utilities

Section 7-3-1 Adoption of National Electrical Code, 2005 Edition

That certain code entitled “National Electrical Code, 2005 Edition,” together with all appendices thereto, published by the National Fire Protection Association, is hereby adopted as the electrical code of the city of Litchfield Park, together with all appendices thereto, and made a part of this chapter the same as though said code was specifically set forth in full herein; except as the same is amended by the Litchfield Park 2008 Amendments to the International Codes. At least three copies of said code and appendices shall be filed in the office of the city clerk and kept available for public use and inspection. (Ord. 08-140 § 1)

Section 7-3-2 Amendments to the National Electrical Code, 2005 Edition

That certain code entitled “Litchfield Park 2008 Amendments to the International Codes” is hereby adopted as the supplement to the National Electrical Code and made a part of this article the same as though said code was specifically set forth in full herein; and at least three copies of said code shall be filed in the office of the city clerk and kept available for public use and inspection. (Ord. 08-140 § 1; Ord. 01-65)

Section 7-3-3 Public Utilities

Public utilities shall be exempt from compliance with the provisions of this article.

Article 7-4
Mechanical Code

Sections:

7-4-1    Adoption of the International Mechanical Code, 2012 Edition

Section 7-4-1 Adoption of the International Mechanical Code, 2012 Edition

That certain code entitled “International Mechanical Code, 2012 Edition,” published by the International Code Council, is hereby adopted as the mechanical code of the city of Litchfield Park, for regulating and controlling the design, construction, installation, qualities of materials, location, operation and maintenance or use of heating, ventilating, cooling, refrigeration systems, incinerators, and other miscellaneous heat-producing appliances within its jurisdiction, and made part of this chapter the same as though said code was specifically set forth in full herein, except as the same is amended by the City of Litchfield Park Amendments to the 2012 International Codes, effective May 1, 2016, adopted pursuant to Section 7-8-1 of this code. At least three copies of said code or one copy and one electronic copy shall be filed in the office of the city clerk and kept available for public use and inspection. (Ord. 16-210 § 1; Ord. 08-140 § 1)

Article 7-5
Fire Code

Sections:

7-5-1    Adoption of the International Fire Code, 2012 Edition

7-5-3    Violation; Penalties

Section 7-5-1 Adoption of the International Fire Code, 2012 Edition

That certain code entitled “International Fire Code, 2012 Edition,” published by the International Code Council, is hereby adopted as the fire code of the city of Litchfield Park, together with Appendix D for regulating requirements for fire protection for construction in the city and made part of this chapter the same as though said code was specifically set forth in full herein, except the same is amended by the City of Litchfield Park Amendments to the 2012 International Codes, effective May 1, 2016, adopted pursuant to Section 7-8-1 of this code; and at least three copies or one copy and one electronic copy of said code shall be filed in the office of the city clerk and kept available for public use and inspection. (Ord. 16-210 § 1; Ord. 12-181 § 1; Ord. 04-94 § 1)

Section 7-5-3 Violation; Penalties

A.    Any person found guilty of violating any provision of this article shall be guilty of a misdemeanor, punishable as set forth in Section 109.4 of the International Fire Code, 2012 Edition, as amended by the City of Litchfield Park Amendments to the 2012 International Codes, effective May 1, 2016.

B.    The application of penalties contained in the fire code shall not be held to prevent the enforced removal of prohibited conditions, enforcement by injunction or by civil code enforcement pursuant to Chapter 9 of this code. (Ord. 16-210 § 1; Ord. 12-181 § 1; Ord. 04-94 § 4)

Article 7-6
Fuel Gas Code

Sections:

7-6-1    Adoption of International Fuel Gas Code, 2012 Edition

Section 7-6-1 Adoption of International Fuel Gas Code, 2012 Edition

That certain code entitled “International Fuel Gas Code, 2012 Edition,” published by the International Code Council, is hereby adopted as the fuel code of the city of Litchfield Park, for regulating the installation, alteration and maintenance of natural gas systems in the city, and made a part of this chapter the same as though said code was specifically set forth in full herein, except as the same is amended by the City of Litchfield Park Amendments to the 2012 International Codes, effective May 1, 2016, adopted pursuant to Section 7-8-1 of this code. At least three copies or one copy and one electronic copy of said code shall be filed in the office of the city clerk and kept available for use and inspection. (Ord. 16-210 § 1; Ord. 08-140 § 1)

Article 7-7
Energy Conservation Code

Sections:

7-7-1    Adoption of International Energy Conservation Code, 2012 Edition

Section 7-7-1 Adoption of International Energy Conservation Code, 2012 Edition

That certain code entitled “International Energy Conservation Code, 2012 Edition,” published by the International Code Council, is hereby adopted as the energy conservation code of the city of Litchfield Park, for regulating the installation, alteration and maintenance of energy systems in the city, and made a part of this chapter the same as though said code was specifically set forth in full herein, except as the same is amended by the City of Litchfield Park Amendments to the 2012 International Codes, effective May 1, 2016, adopted pursuant to Section 7-8-1 of this code. At least three copies of said code or one copy and one electronic copy shall be filed in the office of the city clerk and kept available for use and inspection. (Ord. 16-210 § 1; Ord. 08-140 § 1)

Article 7-8
Amendments to International Codes

Sections:

7-8-1    Adoption of Amendments to International Codes

Section 7-8-1 Adoption of Amendments to International Codes

That certain document known as the “City of Litchfield Park Amendments to 2012 International Codes,” effective May 1, 2016, three copies or one copy and one electronic copy of which are on file with the city clerk, is hereby adopted by reference as though fully set forth herein. (Ord. 16-210 § 1; Ord. 08-140; Ord. 07-126 § 1; Ord. 01-65. Formerly 7-6-1.)

Article 7-9
MAG Standard Specifications and Uniform Details for Public Works Construction

Those certain specifications entitled “MAG Standard Specifications and Uniform Details for Public Works Construction,” sponsored and distributed by the Maricopa Association of Governments (MAG), are hereby adopted by the city of Litchfield Park and made part of this chapter the same as though said specifications were specifically set forth in full herein; and at least three copies of said specifications shall be filed in the office of the city clerk and kept available for public use and inspection. (Ord. 08-140. Formerly 7-7.)

Article 7-10
Building Official

The building official and administrative authority, as such may be referenced in any section of this chapter for all matters pertaining to any building, plumbing, electrical or any other inspections, shall be vested in the office of the city manager or such other person the manager may appoint subject to council approval. (Ord. 08-140. Formerly 7-8.)

Article 7-11
Duty to Provide Accurate Information; City Reliance

Sections:

7-11-1    Duty to Provide Accurate Information and City Reliance on Information Supplied

Section 7-11-1 Duty to Provide Accurate Information and City Reliance on Information Supplied

A.    Duty to Supply Accurate Information. Any person seeking a permit or approval from the city shall submit accurate information to the city and shall promptly notify the city in writing of any inaccuracies in information previously submitted.

B.    No Warranty. The city in issuing a permit or approval is not expressly or impliedly warrantying the location of property lines, accuracy of plans, or any other information supplied by an applicant.

C.    Revocation. If the city discovers a permit or approval was issued in reliance on inaccurate information supplied by the applicant, and the permitted or approved structure, work or use in fact does not or will not comply with applicable city code(s), in addition to the general provisions set forth in Article 1-8, the city reserves the right to revoke the permit or approval, and shall not be liable for any resulting costs or inconvenience. (Ord. 16-210 § 1; Ord. 11-161 § 1. Formerly 7-8-2)

Article 7-12
Utility Poles and Wires

Sections:

7-12-1    Definitions

7-12-2    Permit for Erection; Exceptions

7-12-3    Procedure for Obtaining Permit; Denial and Appeal

7-12-4    Standards for Issuance of Permits

Section 7-12-1 Definitions

In this article unless the context requires otherwise:

A.    “Distribution feeder” means that portion of the distribution system feeding from a distribution substation to a specific load area having a capacity of over three thousand KVA.

B.    “Existing utility poles and wires” means such poles and wires and other facilities as are in place and in operation as of the effective date of this code and including repairs, replacement, relocations on the same alignment, additions, enlargements, betterments, changes or improvements hereinafter made to maintain or increase service capabilities of existing utility poles, wires, service drops and other facilities, but it does not include extensions made to existing distribution lines.

C.    “Transmission line” means an electric line used for the bulk transmission of electricity between generating or receiving points and major substations or delivery points, having a rating of over twelve thousand volts.

D.    “Utility poles and wires” means poles and structures, wires, cables, transformers and all other facilities used in or as a part of the distribution or transmission of telephone, telegraph, radio or television communications. (Ord. 08-140. Formerly 7-10-1.)

Section 7-12-2 Permit for Erection; Exceptions

After the effective date of this code, no new utility poles and wires shall be erected in the city above the surface of the ground unless a permit is first secured therefor from the city manager or his designee; except that the following construction may be installed without such a permit:

A.    Temporary service facilities, such as facilities to furnish emergency service during an outage, facilities to provide service to construction sites, or other service of a limited duration, such as to a fair, carnival, outdoor exhibit or other function where the facilities will be installed for a temporary period only.

B.    Pad-mounted transformers or pull boxes, service terminals, pedestal-type telephone terminals, telephone splice closures, or similar on-the-ground facilities normally used with and as a part of an underground electric distribution, telephone, telegraph or television system, or on-the-ground facilities attached to existing overhead facilities which are used for the purpose of connecting an underground system with the existing facilities.

C.    Transmission lines and distribution feeder lines, together with related switch yards, substations and related equipment. Service drops from existing overhead lines to new single-family residential customers, except when underground service is required by the city’s subdivision regulations. (Ord. 08-140. Formerly 7-10-2.)

Section 7-12-3 Procedure for Obtaining Permit; Denial and Appeal

Any person seeking a special permit for erection of any new utility poles and wires within the city boundaries and above the surface of the ground shall first make application therefor to the city manager or his designee which application shall be approved or denied in writing. In the event the application is denied, the applicant may appeal the decision of the city manager or his designee by presenting his objections in writing to the council with a copy to the city manager or his designee within ten days of the city manager’s or his designee’s denial. The city manager or his designee may grant the permit within five days or shall submit the appeal together with a written report of his recommendations to the council within twenty days of the date of receipt of the appeal. The council may hear argument and shall decide the matter. (Ord. 08-140. Formerly 7-10-3.)

Section 7-12-4 Standards for Issuance of Permits

A special permit for erection of new utility poles and wires may be granted only in the event the applicant make an affirmative showing that the public’s general health, safety and welfare and that of adjacent property owners will not be impaired, endangered or jeopardized by the proposed erection. In deciding such matter, the following factors shall be considered:

A.    The location and height of such poles and wires and their relation to present or potential future roads.

B.    The crossing of such lines over much-traveled highways or streets; the proximity of such lines to schools, churches or other places where people congregate.

C.    The probability of extensive flying in the area where such poles and wires are proposed to be located and the proximity to existing or proposed airfields.

D.    Fire or other accident hazards from the presence of such poles and wires and the effect, if any, of same upon the effectiveness of fire fighting equipment.

E.    The aesthetics involved.

F.    The future conditions that may be reasonably anticipated in the area in view of a normal course of development.

G.    The practicality and feasibility of underground installations of such facilities with due regard for the comparative costs between underground and overground installations; but a mere showing that an underground installation shall cost more than an overground installation shall not in itself necessarily require issuance of a permit. (Ord. 08-140. Formerly 7-10-4.)

Article 7-13
Installation of Mailboxes; Other Obstructions

A.    It is unlawful for any person to fix in place an awning, balcony, bridge, curb, sidewalk, faucet, fence, hydrant, pipe or sign on, over, under or across any public street or alley right-of-way, park or public place, without having first obtaining permission to do so from the proper city official, provided however, that mailboxes may be placed in the street right-of-way except that no portion thereof shall extend into or over any sidewalk, curb or improved street surface.

B.    Prior to the installation of any mailbox on a street right-of-way, each resident shall sign an agreement holding the city completely harmless in all respects for any and all losses of any kind or description that may result from the mailboxes being placed on the right-of-way. (Ord. 08-140. Formerly 7-11.)

Article 7-14
Outdoor Light Control

Sections:

7-14-1    Purpose

7-14-2    Applicability

7-14-3    Standards

7-14-4    Plan Required

7-14-5    Non-Standard Lighting

Section 7-14-1 Purpose

This article is intended to establish procedures and standards that insure minimal light pollution, reduce glare, increase energy conservation and maintain the quality of the city’s physical and aesthetic character. It is also intended to aid in the control of lighting which detrimentally affects astronomical observation. (Ord. 08-140. Formerly 7-12-1.)

Section 7-14-2 Applicability

A.    This article shall apply to all outdoor lighting including, but not limited to, search, spot or floodlights for:

1.    Buildings and structures;

2.    Recreational areas;

3.    Parking lot lighting;

4.    Landscape lighting;

5.    Other outdoor lighting.

B.    These regulations shall not apply to lighting installed prior to adoption of this code. (Ord. 08-140. Formerly 7-12-2.)

Section 7-14-3 Standards

A.    Recreation Lighting. The following standards apply to the lighting of all outdoor recreational facilities except baseball, softball, soccer, volleyball or football fields; driving ranges; outdoor arenas and amphitheaters, or other field recreation facilities.

1.    The height of any light fixture or illumination source shall not exceed twenty feet.

2.    All lighting or illumination units or sources shall be hooded or shielded so that they are not visible from any adjacent lot or real property.

3.    Lights or illuminating units shall not direct light, either directly or through a reflecting device, upon any adjacent real property.

B.    All of the recreational lighting excepted from the above standards shall meet the following standards:

1.    All metal halide lamps shall be filtered by glass, acrylic or translucent enclosures.

2.    No lighting of one hundred fifty watts or greater shall be used after 11:00 p.m.

C.    Sign Lighting. External lighting of the face of signs shall be placed above the sign and shielded in a manner that the illumination source shall not be visible from any adjacent lot or real property.

D.    Security, Landscaping, Architectural or Other Lighting. All other outdoor lights shall be shielded and directed according to the following schedule:

Wattage of Each Light Source

Shielding Required

Directed Downward

Up to 100

No

No

100 to 175

Yes

No

Over 175

Yes

Yes

E.    Wherever practicable, lighting which is directed upward shall be located on the west or east sides of the object being lit.

F.    Other Pole-Mounted Lighting (Parking, Walkways, Etc.). All lights mounted on poles eight feet or greater in height shall be directed down. The light source shall be shielded so that it will not be visible from any adjacent real property.

G.    Mercury Vapor Lamps. The installation of mercury vapor fixtures is prohibited. (Ord. 08-140. Formerly 7-12-3.)

Section 7-14-4 Plan Required

All new construction or reconstruction shall submit an outdoor lighting plan for the entire site which indicates how the standards of this article are to be met. (Ord. 08-140. Formerly 7-12-4.)

Section 7-14-5 Non-Standard Lighting

Any lighting which does not meet the standards of this article shall require a use permit. (Ord. 08-140. Formerly 7-12-5.)

Article 7-15
Swimming Pools

Sections:

7-15-1    Approval of Plans

7-15-2    Statement of Policy

7-15-3    Lighting

Section 7-15-1 Approval of Plans

All plans submitted to the city for swimming pools to be constructed shall show compliance with A.R.S. Section 36-1681, A.R.S. Section 36-1681, and final inspection and approval of all pools hereafter constructed shall be withheld until all requirements of A.R.S. Section 36 -1681 have been complied with. (Ord. 08-140. Formerly 7-13-1.)

Section 7-15-2 Statement of Policy

It is found, determined and declared that the maintenance of private swimming pools without appropriate precautionary measures constitutes a nuisance and severe hazard to the safety of the inhabitants of the city, particularly children. (Ord. 08-140. Formerly 7-13-2.)

Section 7-15-3 Lighting

Any lights used to illuminate any swimming pool shall be so arranged and shaded as to reflect light away from any adjoining or neighboring premises. (Ord. 08-140. Formerly 7-13-3.)

Article 7-16
Construction in Public Rights-of-Way; Location and Relocation of Facilities in Public Rights-of-Way

Sections:

7-16-1    Permit Required; Contents of Application

7-16-2    Traffic Control

7-16-3    Fees

7-16-4    Location and Relocation of Facilities in Public Rights-of-Way

Section 7-16-1 Permit Required; Contents of Application

It shall be unlawful for any permittee to construct, reconstruct, repair, alter, or grade within the public rights-of-way without first obtaining a permit from the building department/public works department as provided in this section and complying with the zoning and subdivision codes of the city. As used in this section, the phrase “public right-of-way” shall mean rights-of-way dedicated to the public for roadway or other public purpose in which there are no utility easement rights acquired prior to such dedication. An applicant for a permit shall file with the city an application showing:

A.    Name, address and license number of the party doing the work.

B.    Location of the work area.

C.    Plans attached to the application showing details of the proposed construction. Such plans shall be prepared and sealed by an engineer registered and licensed in the state, unless the permittee demonstrates to the satisfaction of the city that the work does not warrant imposing this requirement.

D.    A traffic control plan in accordance with Section 7-16-2.

E.    Estimated cost of alteration.

F.    Such other information as the city finds reasonably necessary to determine compliance with city codes. (Ord. 08-140. Formerly 7-14-1.)

Section 7-16-2 Traffic Control

A.    Traffic Control Plans. A permittee shall submit a traffic control plan application to the city at least two business days prior to the proposed start date of construction activities. The traffic control plan application must include a traffic control plan. The traffic control plan must be designed and submitted by a certified member of the American Traffic Safety Services Association (ATSSA).

B.    Traffic Control Manual. The city designates the Phoenix Barricade Manual (1998 Edition) as a public record and hereby adopts the Phoenix Barricade Manual (1998 Edition) three copies of which are on file in the City Clerk’s office as the city’s official traffic control manual for construction work zones with the following changes:

1.    Arrowboards are required for all lane closures on arterial streets.

2.    Lane closures on arterial streets are not permitted between 5:30 a.m. and 8:30 a.m. or between 3:30 p.m. and 7:00 p.m. unless previously approved by the traffic engineer.

3.    A permittee shall hire a uniformed off-duty police officer to be present when construction activities take place within three hundred feet of a signalized intersection or if required by the engineer. Permittees must arrange for a police officer five calendar days in advance of planned construction activities. (Ord. 08-140. Formerly 7-14-2.)

Section 7-16-3 Fees

A.    Plan review fees and inspection fees as established by the council by resolution shall be paid prior to issuance of a permit. Such fees shall be reasonably related to costs directly incurred in providing services relating to the administration of the permits.

B.    When a utility proposes to perform work in the right-of-way on behalf of or for the benefit of a customer of the utility, the customer shall pay the plan review fees and inspection fees required by subsection (A) of this section unless the utility notifies the city that it will be responsible for payment of such fees. If the utility does not notify the city that it will be responsible for the payment of the fees, then prior to commencing work in the right-of-way, the utility shall notify the customer of the amount of plan review and inspection fees associated with the proposed work. After payment of such fees by the customer, the permit shall be issued to the utility, who will be the permittee for purposes of this section. The utility shall provide a copy of the permit to the utility customer. (Ord. 15-205 § 1; Ord. 08-140. Formerly 7-14-3.)

Section 7-16-4 Location and Relocation of Facilities in Public Rights-of-Way

A.    General. If the work to be performed in a public right-of-way as defined in Section 7-16-1 involves the installation, construction, erection, replacement or relocation of any facilities, a permit must be obtained from the Building Department/Public Works Department. Such permit shall be issued on such conditions as are reasonable and necessary to ensure compliance with the terms and conditions of city codes. The application shall include all information required in Section 7-16-1. Each permittee is responsible for ensuring that its facilities are installed, constructed and maintained in strict accordance with city codes; that all required licenses, franchises and other permits are applied for and obtained before any work commences; and that the terms and conditions thereof are strictly followed. Where a facility is used by more than one permittee, each permittee is fully responsible for ensuring that all requirements are satisfied. Facilities shall be installed, constructed and maintained so that no additional provision of this code, the zoning code or the subdivision code, or the provisions of any license, permit, or franchise issued by city, this shall require, at a minimum, compliance with the provisions of this subsection.

B.    Joint Use of Trenches. In order to minimize degradation of streets, traffic impacts and other interference with the use of public rights-of-way, work shall be coordinated so that to the greatest extent possible, consistent with economic feasibility, joint trenching is utilized. The building department/public works department shall adopt rules to facilitate joint trenching in the public rights-of-way.

C.    Traffic Safety. The facilities to be constructed, installed, operated, and maintained by the permittee shall be so located or relocated as to interfere as little as possible with traffic or other authorized uses over, under, or through the public rights-of-way. Those phases of construction relating to traffic control, backfilling, compaction, and paving, as well as the location or relocation of said facilities shall be subject to regulation by the council.

D.    Records. The permittee shall keep accurate records of the location of all facilities in the public rights-of-way and furnish them to the city upon request or at such periodic intervals as the city may require. In order for the city to regulate users in the public rights-of-way, upon completion of new or relocation construction of underground facilities in the public rights-of-way, the permittee shall provide the city with the location of the underground and above ground facilities in a format compatible with the current city mapping format.

E.    Landscaping. Landscaping, whether in the public rights-of-way or on private property, which is damaged by a permittee shall be restored to its condition as it existed prior to the work. A permittee shall exercise special care when working near established trees or shrubs. If established trees or shrubs die within six months of completion of work by a permittee, it is presumed that the permittee caused such damage if the work performed was in the location of the roots of such tree or shrub.

F.    City’s Facilities. The installation, use and maintenance of the permittee’s facilities within the public rights-of-way authorized herein shall be in such a manner as not to interfere with placement, construction, use, and maintenance of public rights-of-way, street lighting, water pipes, drains, sewers, traffic signal systems, or other utility systems that have been, or may be, installed, maintained, used or authorized by the city. Upon the city’s request, the permittee’s facilities will be relocated at permittee’s expense (unless state law expressly requires otherwise). Upon the city’s request, by a time specified by the city, if the permittee fails to move its facilities, the city may do so and will bill the permittee the costs therefor and the permittee shall pay those costs within thirty days after its receipt of the invoice therefor. Further, the permittee shall reimburse the city any additional cost the city incurs due to the location or relocation of the permittee’s facilities, including all design and construction costs.

G.    Interference. The permittee shall not install, maintain, or use any of its facilities in such a manner as to damage or interfere with facilities of another located within the public rights-of-way.

H.    Location and Maintenance of Aboveground Facilities. The location of aboveground facilities, such as boxes, cabinets and similar equipment or appurtenances, shall be approved by the city. The permit shall set forth the location of such aboveground facilities. If the city engineer determines that a proposed location would impair traffic visibility or visibility of existing signage or would substantially harm existing landscaping, or that similar conditions exist which would justify a denial of a permit in that location, the permit shall be denied. Aboveground facilities shall be maintained in good condition. If the city finds any of permittee’s aboveground facilities are not maintained in good condition, permittee shall correct such condition within three business days of receiving notice from the city.

I.    Plans. Unless waived by the city engineer pursuant to Section 7-16-1C, all facilities shall be installed per plans prepared by a registered professional engineer. All plans shall be approved by the city before the work commences. A permittee may install facilities on existing utility poles or in existing conduit where permission is granted by owner of the utility pole or conduit, and such permission is verified by the city except where those same poles are scheduled to be replaced with buried facilities. The city may require the permittee to prove that it has such permission from the owner to use the owner’s facilities. No new poles, or longer poles, will be permitted in the public rights-of-way for any new facilities. If permittee installs facilities on existing poles as provided herein, the permittee shall bury its facilities if such poles are removed and not replaced in kind for any reason. If the permittee makes use of existing conduit of another person, the permittee shall be subject to the provisions of this section in the use of such conduit in the public rights-of way. As used herein, a pole installed to replace a damaged pole or to remedy a safety hazard and which is substantially the same size as the pole being replaced shall not be considered to be a new pole.

J.    Insurance, Bonding. Each permittee must obtain and maintain such insurance, bonding, and security fund requirements as specified by the city, or if no specific requirements are specified, as are required by the city for similar facilities. No work shall commence unless these requirements have been satisfied, and the city may require the permittee to remove or stop work on facilities or require a permittee to cease using the facility, when any insurance, bonding and security fund requirements are not satisfied.

K.    Repairs. A permit shall be obtained from the building department/public works department prior to a person removing, relocating, or reconstructing, if necessary, any portion of a person’s facilities. Notwithstanding the foregoing, the city understands and acknowledges there may in instances when a person is required to make repairs, in compliance with federal or state laws, that are of an emergency nature. The permittee will notify the city prior to such repairs, if practicable, and will obtain the necessary permits in a reasonable time after notification.

L.    Conflict with City Projects.

1.    Identification of Conflict. If, during the design process of public improvements, the city discovers a potential conflict with proposed construction, the permittee shall either:

a.    Locate and, if necessary, expose its facilities in conflict; or

b.    Use the one-call notification center (“Blue Stake”) to locate or expose its facilities. The permittee shall reimburse the city for the cost resulting from the use of such location service. The city shall make reasonable efforts to design and construct projects pursuant to this section so as to avoid relocation expense to the permittee. Permittee shall furnish the location information in a timely manner, but in no case longer than ten calendar days from the city’s request.

2.    Priority Right. The city reserves the prior and superior right to lay, construct, erect, install, use, operate, repair, replace, remove, relocate, re-grade, widen, realign, or maintain any public rights-of-way, aerial, surface, or subsurface improvements, including, but not limited to, traffic control conduits, storm sewers, subways, tunnels, bridges, viaducts, or any other public construction within the public rights-of-way.

3.    Relocation. When the city invokes its prior superior right to the public rights-of-way, the permittee shall move its facilities located in the public rights-of-way, at its own cost, to such a location as the city directs.

4.    Procedures. If, during the course of the project, the city determines permittee’s facilities are in conflict, the following shall apply:

a.    Prior to the city notice to proceed to contractor:

The permittee shall, within a reasonable time, but in no event exceeding one month, remove or relocate the conflicting facility. This time prior shall begin running upon receipt by the permittee of written notice from the city. However, if both the city and permittee agree, the time frame may be extended based on the requirements of the project.

b.    Subsequent to city notice to proceed to contractor:

The city and the permittee will immediately begin the coordination necessary to remove or relocate the facility. Actual construction of such removal or relocation is to begin no later than seventy-two hours, if practicable, after written notification from the city to proceed.

M.    Damage to City Rights-of-Way and Facilities.

1.    A permit to work in the public right-of-way which requires excavation of a paved right-of-way shall comply with this subsection, in addition to other requirements of this section. If the permittee damages or disturbs the surface or subsurface of any public rights-of-way or adjoining public property, or the public improvement located thereon, therein, or thereunder, the permittee shall promptly, at its own expense, and in a manner acceptable to the city, restore the surface or subsurface of the public rights-of-way or public property, or repair or replace the public improvement thereon, therein, or thereunder, in as good a condition as before such damage or disturbance. If such restoration, repair or replacement of the surface, subsurface, or any structure located thereon, therein, or thereunder is not completed within a reasonable time, or such repair or replacement does not meet city standards, the city shall have the right to perform the necessary restoration, repair, or replacement, either through its own forces, or through a hired contractor, and the occupant agrees to reimburse the city for its expense in so doing within thirty days after receipt of the invoice therefor.

2.    As used in this subsection:

a.    A paved right-of-way is considered “new” when it is first constructed, when it is reconstructed or when it is renovated.

b.    A right-of-way is considered “reconstructed” when all lanes are completely rebuilt by removing all the pavement and aggregate base course material, re-compacting the sub-base and restoring the base material and then completely repaving for a distance approved by the city engineer.

c.    A right-of-way is considered “renovated” when there is a major rehabilitation, including a mill and overlay or other similar improvement work that physically modifies the surface of the right-of-way prior to applying a new surface or other similar work as determined by the city engineer.

d.    The date of construction, reconstruction or renovation shall be the date such work was accepted by the city.

3.    An application to work in the public right-of-way which includes excavation in a new paved right-of-way shall not be granted until at least two years after completion and acceptance of the construction, reconstruction or renovation of the paved right-of-way unless one of the following applies:

a.    Emergency which endangers life or property.

b.    Interruption of essential utility or communications service.

c.    Work that is mandated by city, county, state or federal legislation.

d.    Service for buildings where no other feasible means of providing service exists.

4.    Pavement Restoration.

a.    If an excavation is permitted pursuant to subsections (M)(3)(a) through (d) of this section, the permittee shall restore the paved right-of-way by mill and overlay/inlay, for a minimum of the full width of all lanes impacted by the excavation(s) (outside lane includes to the curb). For arterial streets this shall require extending the restoration a minimum length of fifty feet both directions from the area of the excavation(s) and for collector streets this shall mean extending the restoration a minimum length of twenty-five feet both directions from the area of the excavation(s), all as more specifically directed by the city engineer/designee. For excavations smaller than two (2) square feet, the requirement to restore by mill and overlay/inlay shall not apply. All renovations shall comply with the city’s standard details and specifications. The permittee may elect to fully reconstruct the paved right-of-way in accordance with specifications provided by the city engineer in lieu of paying the pavement restoration fee.

b.    For excavation commencing two years or later after the paved right-of-way is new (as defined in subsection (M)(2) of this section) but before seven years after a paved right-of-way is new (as defined in subsection (M)(2) of this section), the permittee may elect to renovate such paved right-of-way by mill and overlay/inlay for a minimum of the full width of all lanes impacted by the excavation(s) (outside lane includes to the curb) and for arterial streets extending a minimum length of fifty feet both directions from the area of the excavation(s) and for collector streets extending a minimum length of twenty-five feet both directions from the area of the excavation(s), all as more specifically directed by the city engineer, in lieu of payment of the pavement restoration fee.

5.    Pavement Restoration Fee.

a.    In addition to the other requirements of this section, a permittee shall pay a pavement restoration fee established by resolution of the council. The pavement restoration fee shall be reviewed annually with the budget for street repair.

b.    The pavement restoration fee shall be paid prior to or at the time a permit to work in the public right-of-way is issued. In the event the pavement restoration fee is amended after a permit to work in the public right-of-way is issued, an adjusted fee shall be paid as follows:

i.    If the original permit was for one square yard through twenty square yards, the pavement restoration fee shall be adjusted pursuant to the new fee schedule if the increase/decrease to the pavement excavation is one square yard or larger.

ii.    If the original permit was for twenty-one square yards through one hundred square yards, the pavement restoration fee shall be adjusted pursuant to the new fee schedule if the increase/decrease to the pavement excavation is more than five percent of the original.

iii.    If the original permit was for more than one hundred square yards, the pavement restoration fee shall be adjusted pursuant to the new fee schedule if the increase/decrease to the pavement excavation is more than five square yards.

iv.    Such amended pavement restoration fee shall be applied for and any additional fees shall be paid within one week of the field change or prior to any new permit is issued to permittee.

N.    Relocation of Facilities.

1.    General. The city shall not bear any cost of relocation of existing facilities, irrespective of the function served, where the city facilities or other facilities occupying the public rights-of-way under authority of a city permit, license, or franchise which must be relocated, are already located in the public rights-of-way and the conflict between the permittee’s potential facilities and existing facilities can only be resolved expeditiously as determined by the city by the movement of the existing city or other approved facilities.

2.    Delay. If permittee’s relocation effort so delays construction of a public project causing the city to be liable for damages, the permittee shall reimburse the city for those damages attributable to the delay created by the permittee.

3.    City Costs. Except as otherwise provided in a license, franchise, or permit, or by other provision of law, the entire cost of relocation shall be borne by the city if the permittee is required by the city to relocate facilities which are located in private easements obtained by the permittee prior to the dedication of the public right-of-way from which facilities must be relocated. These prior rights of the permittee would also be unaffected by any subsequent relocation. “Prior rights” as used in this subsection means private easement or other legally sufficient rights obtained by the permittee prior to the dedication of the public rights-of-way from which the facilities are requested by the city to be relocated.

O.    Rights Reserved to City. Without limiting the rights that the city might otherwise have, the city hereby expressly reserves the following rights, powers and authorities:

1.    To exercise its governmental powers now or hereafter to the full extent that such powers may be vested in or granted to the city.

2.    To determine any question of fact relating to the meaning, terms, obligations, or other aspects of this chapter and the instruments issued under this chapter.

3.    To grant multiple, nonexclusive licenses, franchises, or permits within the city to other persons.

P.    City Police Power – Continuing Jurisdiction.

1.    Police Power. The permittee shall at all times be subject to all lawful exercise of the police power by the city, including any and all ordinances, rules or regulations which the city has adopted or may adopt, and all laws, rules, regulations, order, and policies of the state and the United States government. Any conflict between the provisions of this section and other provisions of the city code, the stricter requirement shall apply.

2.    Continuing Jurisdiction. The city shall have continuing jurisdiction and supervision over any facilities located within or on public rights-of-way. However, it is recognized that the daily administrative, supervisory, and enforcement responsibilities of the provisions of this article and any license or franchise shall be delegated and entrusted to the city manager or director of public works to interpret, administer, and enforce the provisions of this section, and to promulgate standards regarding the construction, reconstruction, relocation, maintenance, dismantling, abandonment, or use of the facilities within the public rights-of-way.

Q.    Violation. From and after the effective date of the ordinance codified in this section, it shall be unlawful for any person to occupy the public rights-of-way unless the person is in compliance with the provisions of this section and any other applicable ordinance, license, franchise or requirement. (Ord. 11-173 § 1; Ord. 08-140; Ord. 99-56. Formerly 7-14-4.)

Article 7-17
Encroachment Permits for Sidewalks

Sections:

7-17-1    Definitions

7-17-2    Permit Required; Contents of Application

7-17-3    Fees

7-17-4    Conditions of Encroachment Permit

7-17-5    Assignment

7-17-6    Revocation

Section 7-17-1 Definitions

The following words, terms and phrases, when used in this article, shall have the following meanings, except where the context clearly indicates a different meaning:

A.    “Encroachment” means chairs, tables, railings and similar objects.

B.    “Encroachment area” means the area set forth in the encroachment permit where the encroachments may be located.

C.    “Sidewalk” means a facility designated for use of pedestrians and bicycles. (Ord. 17-218 § 1)

Section 7-17-2 Permit Required; Contents of Application

Encroachments shall only be placed on a sidewalk in compliance with this article. Encroachment permits shall only be issued for encroachments in an encroachment area adjacent to a business that uses the sidewalk. An application for a permit shall be filed with the city building department and shall include:

A.    Name and address of the applicant, and, if applicant is not the property owner, the name and address of owner, the owner’s approval of the application and an agreement for the applicant and owner to be responsible for damages and removal of the encroachment as set forth in Section 7-17-4(C) and (E).

B.    Location of the proposed encroachment area.

C.    Plans attached to the application showing details of the proposed encroachment.

D.    Such other information as the city building official finds reasonably necessary to determine compliance with city codes. (Ord. 17-218 § 1)

Section 7-17-3 Fees

Encroachment permit fees as established by the council by resolution shall be paid prior to issuance of a permit. (Ord. 17-218 § 1)

Section 7-17-4 Conditions of Encroachment Permit

An encroachment permit shall not be issued unless the building official has determined that it is not practical for the applicant to place the encroachment on the property of the applicant. The issuance of an encroachment permit does not give the permittee a property interest in the encroachment area. All encroachment permits issued by the building department shall be conditioned on compliance with this article. The following shall be included on the permit:

A.    The permittee and owner if different from the permittee shall indemnify and hold harmless the city, its officers, agents and employees from and against all damages or injuries that result from or are caused by the encroachment. This indemnification obligation shall not be diminished by the fact that the city issued an encroachment permit and shall survive the revocation of the permit.

B.    The permittee shall obtain and maintain insurance coverage acceptable to the city for the term of the permit. The permittee shall provide a certificate of insurance to the building department prior to issuance of the encroachment permit. The permit automatically terminates if such insurance expires or is canceled.

C.    An encroachment permit may be revoked at any time pursuant to Section 7-17-6. The permit shall automatically expire if the adjacent business closes or is otherwise no longer in operation. If the encroachment is not removed from the encroachment area within ten days of the revocation of the permit, the city may remove the encroachment and charge the cost to the permittee or the owner of the property.

D.    The permittee shall maintain the encroachment in good condition.

E.    If a permittee damages or disturbs the sidewalk, the permittee shall promptly, at its own expense and in a manner acceptable to the city, restore the surface or subsurface of the sidewalk in as good a condition as before such damage or disturbance. If such restoration, repair or replacement of the surface, subsurface, or any structure located thereon, therein, or thereunder is not completed within a reasonable time, or such repair or replacement does not meet city standards, the city shall have the right to perform the necessary restoration, repair, or replacement, either through its own forces, or through a contractor, and the permittee and owner of the property agree to reimburse the city for its expense in so doing within thirty days after receipt of the invoice therefor. Permittee and owner agree to pay such costs within thirty days from the date of issuance of an invoice from the city.

F.    No encroachment shall impede, obstruct or deny pedestrians the use of a sidewalk.

G.    Upon removal of the encroachment, the permittee shall restore the sidewalk to the condition it was in prior to the placement of the encroachment on the sidewalks. (Ord. 17-218 § 1)

Section 7-17-5 Assignment

Encroachment permits shall be issued only to the person making application and may not be assigned to another person by the permittee. If any permittee assigns his permit to another, the permit shall be void. (Ord. 17-218 § 1)

Section 7-17-6 Revocation

An encroachment permit may be revoked by the building department upon thirty days’ written notice from the city. (Ord. 17-218 § 1)