Article 7-4


7-4-1    Permit Required

7-4-2    Applications

7-4-3    Fees (Permit and Impact)

7-4-4    Conditions

7-4-5    Exceptions to Permit Requirements

7-4-6    Permit Expiration

7-4-1 Permit Required

A.    No street, alley, public right-of-way or other public property shall be cut, trenched, excavated, improved, repaired or any object placed therein by any person without first having a written permit from the town. A permit shall cover only contiguous construction and the work to be done as one continuous operation.

B.    If a trench for joint use by more than one utility company is to be constructed, then the agency that will be contracting for or making the trench excavations shall be responsible for the permit and for the completed construction and safety. Only one permit is required.

C.    The applicant shall be responsible for contacting all utility companies in the area and obtaining information on existing utilities.

7-4-2 Applications

Applications for permits shall be made on forms furnished by the town and shall be submitted a minimum of forty-eight hours before work is anticipated. Applications may be made by mail or telephone at an additional charge of one dollar per permit. Such applicants must have a cash deposit with the town sufficient to cover fees, or include fees with the mailed application. Mail applications must arrive a minimum of forty-eight hours before work is anticipated. In no case can work begin prior to filing the application and approval of the application by the town engineer.

7-4-3 Fees (Permit and Impact)

A.    Permit fees, impact fees and any necessary deposit must be paid in advance of commencing work in a public right-of-way. A permit penalty fee of two hundred and fifty dollars shall be charged if work is commenced prior to obtaining a permit. Paying the permit fee does not waive any other penalties.

B.    Permits and impact fees are required for any construction, alterations, changes which include, but are not limited to, the following items: clearing and grubbing, earth work, pavement, curbs, sidewalks, drainage structures not covered by the town building code, street lighting, landscaping, gas, water, sewer, electrical, telephone and TV cable.

C.    Permit fees, impact fees and any necessary deposit shall be determined by resolution of the council and kept on file with the town clerk.

7-4-4 Conditions

Applicant for a permit or his agent or the contractor doing the work may be required, before the issuance of the permit, to:

A.    Furnish bond or insurance to hold the town harmless and free of liability arising out of said work.

B.    Prove he is not delinquent in payments due the town on prior similar work.

C.    Prove he is competent and equipped to do the proposed work.

D.    Show he has proper licenses to do the work.

E.    Submit a plan of subject property and adjacent properties showing all of the existing and proposed improvements and obtain the town engineer’s written approval.

F.    Agree to submit an as-built plan showing all the improvements. The as-built plans shall include dimensions tying the improvement down to existing improvements or property lines.

7-4-5 Exceptions to Permit Requirements

A.    When the work is done for municipal purposes, as directed by the town engineer, a permit will be required, but the fee may be waived.

B.    When, in an emergency, it is impractical to obtain a permit before the work is done, the police department must be immediately notified and a permit shall be obtained within forty-eight hours thereafter.

7-4-6 Permit Expiration

A.    A permit shall expire for work not started within thirty days after issuance of a permit. At the time of issuance of the permit, a completion date for the work will be designated by the applicant. If the work is not completed by the designated completion date, the permit shall expire unless the applicant has requested an extension in writing. An extension may be granted one time for a period not to exceed one hundred and eighty days. In order to renew action on an application after expiration, the applicant shall submit plans and pay a new permit fee equal to the amount of the original permit fee.

B.    All work must be covered by assurances and must be in compliance with Article 13-6 of the Oro Valley Zoning Code, Revised entitled "Site Grading and Covering Requirements".