Article 7-5


7-5-1    Construction Standards

7-5-2    Inspection of Work

7-5-3    Barricades; Notice

7-5-4    Private Roads, Driveways and Parking Lots

7-5-5    Special Requirements in Residential Developments

7-5-6    Special Requirements in Business Developments

7-5-7    Variance from Curb Cuts and Driveway Requirements

7-5-8    Driveways May Be Denied

7-5-9    Curb Cut Replacements

7-5-10    Repair of Sidewalk by Abutting Owners

7-5-11    Backfilling, Filling and Temporary Pavement Patches

7-5-12    Beautification Within Public Right-of-Way

7-5-13    Brush Cutting and Clearing in the Town Rights-of Way

7-5-1 Construction Standards

All construction shall be in accordance with the Town Standard Specifications adopted in Article 7-1 of this chapter. The town engineer may authorize variances from approved standard provisions where unusual topographical conditions exist; where, in the opinion of the town engineer, the proposed variances are equal to or better than the approved standard provisions or where other factors would make adherence to standard provisions unreasonable.

7-5-2 Inspection of Work

A.    All work will be subject to inspection. The town may require that the engineer of record provide all inspections at the expense of the owner. The engineer of record must provide the town a letter certifying that all work is built in compliance with the town code. The town reserves the right to oversee and perform inspections at any time with the power of stopping construction if work is being performed in a manner not in keeping with plans or town codes and regulations.

B.    When work is being inspected by only the town, the requests for inspection must be made twenty-four hours in advance of all work being inspected.

C.    All construction will be subject to a series of acceptance tests at permittee’s expense and removal and replacement by permittee at his expense if the construction was not inspected and approved by the inspector and the inspector deems it necessary to do so to insure that the construction is properly done.

D.    Inspection fees shall be as determined by resolution by the council and paid at the time of securing permits as provided in Section 7-4-3. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.

7-5-3 Barricades; Notice

A.    Applicant shall barricade his work and install warning lights and signs all in accordance with "Work Zone Traffic Control Standard and Guidelines" by the U.S. Department of Transportation, Federal Highway Administration and the "Traffic Control Manual for Highway Construction and Maintenance", published by the Arizona Department of Transportation.

B.    Applicant shall notify the chief of police and Rural Metro Fire Department before barricading any street or public right-of-way.

7-5-4 Private Roads, Driveways and Parking Lots

All private roads, driveways and parking lots must meet all the minimum safety requirements as may be set by the council and the town engineer and must be constructed so as to be dust free at all times. Private road rights-of-way cannot be opened as temporary dirt roads unless dust control methods have been approved by the town engineer.

7-5-5 Special Requirements in Residential Developments

A.    Access from street areas across or over a curb, curb and gutter or wedge curb, etc. to gain access to the property shall be in accordance with applicable town standards.

B.    Curb cuts and driveways shall conform to the following requirements in all residential zoned developments: Minimum curb cut width - 10 feet Maximum curb cut width - 20 feet Maximum curb cut width for two adjoining properties - 30 feet Minimum distance between curb cuts - 12 feet Minimum distance of curb cut from street light standards or catch basins - 5 feet Minimum distance of curb cut from a fire hydrant or town water hydrant - 20 feet Minimum distance of curb cut from end of a curb return or from a curb line on a cross street at a street intersection, whichever is more restrictive - 20 feet

7-5-6 Special Requirements in Business Developments

A.    Access from street areas across or over a curb, curb and gutter or wedge curb, etc. to gain access to the property shall be in accordance with applicable town standards.

B.    Curb cuts and driveways shall conform to the following requirements in all business zoned developments: Maximum curb cut width - 35 feet Maximum driveway width at the property line - 30 feet Minimum distance between curb cuts or driveway - 30 feet Maximum number of curb cuts or driveways per 100 feet of street frontage - 2 Minimum distance of curb cuts from street light standards or catch basins - 5 feet Minimum distance from a fire hydrant or town water hydrant - 20 feet Minimum distance from end of a curb return or from a curb line on a cross street at a street intersection, whichever is more restrictive - 20 feet

7-5-7 Variance from Curb Cuts and Driveway Requirements

The town engineer may grant written variances from the minimum and maximum requirements set forth for the location of curb cuts and driveways in Sections 7-5-5 and 7-5-6 provided:

A.    The area has peculiar, visible conditions not ordinarily existing in similar areas, or

B.    The nature of the business on the property is exceptional, or

C.    The nature of the abutting property is exceptional, and the variance is not against the public interest, safety, convenience or general welfare.

7-5-8 Driveways May Be Denied

A.    No property owner shall be denied a reasonable driveway access to his property. However, where there is not an adequate extension of a driveway within the private property to park a vehicle entirely off the right-of-way, a curb cut shall be denied.

B.    Where there is not adequate parking area for the use to which the property is developed to park off the right-of-way, or where there is not adequate area to maneuver safely in and out, and to preclude backing into the street unsafely, a curb cut may be denied.

C.    No property owner may build a ramp of dirt, concrete, asphalt or any other material to gain access over a curb. Permission may be granted by the town engineer to make a curb cut for a driveway or other access as long as all the requirements of Sections 7-5-5, 7-5-6 and 7-5-7 are met.

7-5-9 Curb Cut Replacements

Where private property use has been modified so that an existing curb cut is no longer needed or where provisions do not permit curb cuts at existing locations, the town engineer, for the promotion of traffic safety and public convenience, may require the abutting property owner to replace the curb at his expense as follows:

A.    The town engineer shall order the abutting property owner to replace the curb stating the reason.

B.    The owner shall either protest and show cause in writing why the curb should not be replaced within thirty days or commence the work within sixty days.

C.    The protest shall be reviewed by the mayor and council, who may uphold the town engineer or revoke or modify his order.

D.    If the abutting owner fails to comply with the order, the town may do the work and bill the owner for the total charges of the work. The town may assess a lien on the subject property for the total charges including permit fees, inspection fees, attorney’s fees and court costs for any bill which remains unpaid for a period of thirty days.

7-5-10 Repair of Sidewalk by Abutting Owners

A.    All owners or agents of owners with property abutting and fronting upon any plaza, street or alley within the town are required to keep the public sidewalks immediately abutting their property in good order and repair. Each such owner shall be liable to the town for all losses to the town or recoveries from the town for damages to persons or the property of others caused by his failure or that of his agents to repair and keep in good order and reasonably safe condition all such sidewalks.

B.    The town may, at its discretion, through the town engineer, notify such owner that repairs are necessary to put such sidewalk in good order, and such owner shall, within ten days after such notification, under the supervision of the town engineer, complete such repairs as specified in such notice. If the person fails to make the required repairs, the town may repair same or cause the repairs to be made and bill the owner, and a lien may be placed on the subject property for all the costs incurred, including all fees such as a permit, attorney’s fees, inspection fees, etc.

C.    A permit shall be required to make repairs pursuant to this section. However, there will be no charge for such a permit unless it is proposed to make a change in the grade, location or dimensions of the sidewalk.

7-5-11 Backfilling, Filling and Temporary Pavement Patches

A.    Backfill and fill material and the methods of filling and backfilling shall meet town specifications. Excavated material not suitable for backfilling shall be removed from the site.

B.    Immediately after backfill and compaction of any trench, hole or other excavation has been completed in areas where the pavement has been cut, a permanent patch should be installed. However, where arrangements cannot be made to install the permanent patch, and if permission is granted by the town engineer, a temporary patch utilizing a cold mix asphalt may be made. This patch must be compacted leaving the surface level and drivable. The final permanent patch must be made within fourteen calendar days after installation of the temporary patch. The final patch in the paving area shall be as prescribed in the town standards and specifications.

C.    The job site shall be cleaned up; all waste materials shall be removed, and the general condition of the site shall be as good or better than before construction, including replacing any objects such as trees, curbs, sidewalks, grader ditches, signs, etc., that were in existence prior to construction. This clean-up work shall be done no later than forty-eight hours from completion of the backfill. Final approval of clean-up shall be given by the town engineer or his authorized representative.

D.    It is the responsibility of the applicant or his contractor to maintain the trench and temporary patch until such time as the permanent patch has been installed.

7-5-12 Beautification Within Public Right-of-Way

A.    The town encourages all property owners to beautify the parkway areas adjacent to their property. The improvements include, but are not limited to: Portland cement concrete sidewalks, trees and shrubs, planters and gravel or rock.

B.    When consideration is being given to beautify a parkway area, the property owner must consider the safety of the pedestrians, possibility of underground utilities (present and future), vehicular traffic and obstructions to traffic signs as well as line-of-sight (as with corner lots). Accordingly, a property owner wishing to beautify the adjacent parkway area shall submit a plan or sketch showing the proposed improvement (with distances and dimensions indicated) to the town engineer together with a notarized statement saving the town harmless from damages and, if required, an insurance policy covering any injury or liability which might occur due to these improvements. Upon approval by the town engineer, the owner will then obtain the necessary permits to do the work.

C.    By this chapter, it is the duty of such property owners seeking to beautify parkway areas adjacent to their property as provided for in this section, to keep trees, bushes or plants trimmed in such manner that the same will not interfere with reasonable vehicular use of such street, alley or parkway. Maintenance of said parkway areas shall be the responsibility of the abutting property owner who has sought to beautify said adjacent parkway areas.

7-5-13 Brush Cutting and Clearing in the Town Rights-of Way

A.    Brush, trees and any other vegetation whose root base is in either private property or in the town right-of-way which protrudes into the public right-of-way and in any way impedes the health, safety and welfare of traffic, whether vehicular or on foot, shall be prohibited.

B.    In the event that the adjacent property resident or owner does not keep the growth free from encroaching upon the public right-of-way, the town may trim and clear all growth protruding on, and projecting vertically over, the public right-of-way in a manner which, as determined by the town, provides clearance and sight distance for all types of traffic.