Chapter 17.35
IMPROVEMENTS

Sections:

17.35.010    Purpose.

17.35.020    Responsibility for improvements.

17.35.030    Drainage improvement standards – Design and construction.

17.35.040    Street improvement standards.

17.35.050    Utility improvement standards.

17.35.060    Lot improvement standards.

17.35.070    Submittal, review and approval of engineering plan.

17.35.080    Improvements security.

17.35.090    Final inspection and acceptance of improvements.

17.35.010 Purpose.

It is the purpose of this chapter to define the responsibility of the subdivider and town in the planning, construction and financing of public improvements, to establish in outline the minimum acceptable standards and required public improvements for subdivisions and to establish procedures for review and approval of engineering plans. (Ord. 06-07 § 1, 2006; prior code § 13-1-10-1)

17.35.020 Responsibility for improvements.

A. Responsibility of Subdivider. It is the responsibility of the subdivider to finance the planning, design and construction of the streets and alleys, curbs and gutters, sidewalks, crosswalks, street name signs, drainage facilities, sewage disposal facilities, monuments, street lights, fire hydrants, water facilities and all other public and semipublic improvements required by the council, this chapter to standards established herein.

B. Engineering Plans Required.

1. The subdivider shall be responsible for having a registered engineer prepare a complete set of engineering plans, satisfactory to the public works department, for construction of required improvements. Such plans shall be based on the approved preliminary plat and be prepared in conjunction with the final plat.

2. All required improvements shall be designed and constructed in accordance with the latest revision of the Uniform Standard Specifications for Public Works Construction as compiled by the Maricopa Association of Governments, and such other standards as may be adopted by the town council.

C. Inspection and Testing of Improvements.

1. All improvements in the public right-of-way shall be constructed under inspection and approval of the public works department. Construction shall not be commenced until a permit has been issued for such construction and if work has been discontinued for any reason, it shall not be resumed until after notifying the public works department in advance.

2. The subdivider shall be responsible for having a person conduct the testing of all materials used in the construction of public improvements who is authorized under Title 32 of the Arizona Revised Statutes to perform materials testing. (Ord. 06-07 § 1, 2006; prior code § 13-1-10-2)

17.35.030 Drainage improvement standards – Design and construction.

A. The design and construction of drainage facilities shall be in accordance with approved engineering procedures and shall not conflict with the provisions of the state statutes.

B. All buildings shall be located so they have all-weather access. All-weather access is defined as not having to traverse any storm drainage that has a depth greater than seven-tenths feet during the storm that is expected to occur at least once every 100 years. (Ord. 06-07 § 1, 2006; prior code § 13-1-10-3)

17.35.040 Street improvement standards.

A. General. Measurements are to the back-of-curb unless otherwise noted.

B. Arterial Street Design.

1. The paved width of an arterial shall be 68 feet. Frontage streets shall be 22 feet and shall generally be located to create a 12-foot unpaved island between the arterial and frontage street and an eight-foot pedestrian way between the frontage street curb-gutter and the property line. Street corners shall be rounded with a 25-foot-radius curve.

2. Vertical curves shall have a 300-foot minimum length but not less than 50 feet for each algebraic difference in grade.

3. Street grades shall be a maximum of five percent and a minimum of five-tenths percent.

4. Sight distance shall be 400 feet.

5. Design speeds shall be 40 miles per hour.

C. Collector Street Design.

1. Paved street width for major collectors shall be 48 feet. Paved width for minor collectors shall be 40 feet. Corners shall be rounded with a 25-foot-radius curve.

2. Vertical curves shall have a 200-foot minimum length.

3. Street grades shall be a maximum of seven percent and a minimum of five-tenths percent.

4. Sight distance shall be 200 feet.

5. Design speed shall be 30 miles per hour.

D. Local Street Design.

1. Paved width of major local streets shall be forty feet. Paved width for minor local streets shall be 32 feet. Corners shall be rounded with a 25-foot-radius curve.

2. Vertical curves shall have a 100-foot minimum length. Vertical curves are not required where the algebraic difference in grade is one percent or less.

3. Street grades shall be a maximum of 10 percent and a minimum of five-tenths percent.

4. Sight distance shall be 150 feet.

5. Design speed shall be 25 miles per hour.

E. Cul-de-Sac Design.

1. Paved width of a cul-de-sac in a residential area shall be a 90-foot-diameter circle.

Paved widths for a cul-de-sac in a commercial area shall be a 110-foot-diameter circle. Corners shall be rounded with a 25-foot-radius curve.

2. Curve grades shall be a maximum of five percent and a minimum of five-tenths percent.

F. Alley Design.

1. Street width of alleys shall be 20 feet in commercial areas and 16 feet in residential areas.

2. Alley grades shall be a maximum of 10 percent and a minimum of five-tenths percent.

G. Street and Alley Construction.

1. All streets shall be graded and paved with asphaltic concrete or Portland cement concrete to standards approved by the public works department. Streets within, adjacent to, or serving the subdivision shall be constructed to the full street width indicated in this section unless otherwise noted hereinbelow.

a. Streets and alleys adjacent to the subdivision need only to be improved for the half width adjacent to the subdivision providing the half width is sufficient for two-way traffic (22 feet) in the case of a street and for one-way traffic (10 feet) in case of an alley.

b. Where a frontage street is required and constructed by the subdivider, the construction of the major arterial adjacent to the frontage street is the responsibility of the town.

c. The subdivider is not required to pave more than 20 feet of pavement width on each side of the street, except at intersections, when the required street width is greater than 44 feet. When traffic demands require additional width, the town is responsible, subject to funding availability, for paving the center island created whenever the subdivider elects to pave only the 20-foot minimum requirement.

d. Where there are existing streets adjacent to the subdivision, proposed streets shall be improved to the intercepting paving line of such existing streets.

e. Where a minimum width 28-foot paved access road is allowed, it shall be designed and constructed so that it can easily be widened to the full width street without reconstructing the center 28 feet. Connections to existing and proposed streets shall be designed to safely accommodate traffic including any traffic control devices required by the public works department.

H. Intersection Design and Construction.

1. Intersections shall be designed and constructed in accordance with the improvement standards for streets.

2. The approach to an intersection shall have a relatively level area with a grade of not more than two percent for a distance of 25 feet measured from the nearest right-of-way line of the intersecting street.

3. All intersections shall have street name signs installed by the town at the subdivider’s expense, located and constructed to standards approved by the public works department.

I. Curb-Gutter Design and Construction.

1. Unless otherwise agreed by the mayor and council, all streets shall have concrete curbs and gutters along the pavement edge constructed to standards approved by the public works department.

2. The provisions of subsection (I)(1) of this section shall not apply in residential subdivisions where the actual density is less than one residence per acre in the developed area.

J. Sidewalk Design and Construction.

1. Sidewalks shall be located behind the back-of-curb; providing, however, that lighting standards, utility poles, traffic control devices, fire hydrants, and mailboxes as applicable, can be located behind the sidewalk. In cases where such items cannot be located behind the sidewalk or in alleys, sidewalks may be located five feet behind the back-of-curb. In all cases not otherwise governed by the provisions of the Manual of Uniform Traffic Control Devices, a minimum clearance of two feet shall be maintained between the face-of-curb and any obstruction. In cases of demonstrated necessity or existing unusual conditions, the public works department may approve a reduction of minimum clearance to the face-of-curb.

2. All streets shall have Portland cement concrete sidewalks behind the curb-gutter where curb-gutter is required, constructed to standards approved by the public works department. Sidewalks shall be four inches thick and four feet wide in residential areas and five feet wide in commercial areas. All crosswalks shown on the subdivision plat shall have a Portland cement concrete sidewalk down the center.

Sidewalks shall be four inches thick and a minimum four feet wide.

3. Sidewalks shall not be required in residential subdivisions where the smallest actual lot size is greater than 14,520 square feet or in those instances where the council determines the nature of the subdivision, or a portion thereof, does not require sidewalks.

K. Street Monument Construction. Permanent monuments consisting of a brass cap, set in concrete, shall be installed to designate street centerlines and subdivision boundary lines at all angle points and points of curvature and at all street intersections. Concrete bases shall not be less than six inches in diameter and 24 inches deep with at least one vertical steel reinforcing bar of minimum one-half inch diameter placed directly beneath the brass cap and extending the full length of the concrete. After all improvements have been installed, the subdivider shall be responsible for having a registered land surveyor or engineer check the location of monuments and certify as to their accuracy prior to acceptance by the town for maintenance. (Ord. 06-07 § 1, 2006; prior code § 13-1-10-4)

17.35.050 Utility improvement standards.

A. General.

1. Utilities, excepting municipal storm drains and sanitary sewers, shall not be located beneath the street pavement other than necessary crossings, which shall be made as close to perpendicular as possible. In cases of demonstrated necessity and upon presentation of technically adequate plan ensuring proper installation and maintainability, the public works department may approve location beneath the street pavement of major primary transmission lines of electrical, water, sewer, gas or communications. Any utility installation that may be approved for placement beneath the street pavement shall be completed prior to actual paving of said streets.

2. Reference is made to Section 17.35.040(J)(1).

B. Sewerage Disposal Design and Construction. A public or community sanitary sewage system shall be installed and shall be constructed to plans, profiles and specifications approved by the public works department, and in accordance with Arizona Department of Environmental Quality regulations.

C. Water Service Design and Construction. Fire hydrants and water service to each lot shall be installed on all streets in the subdivisions according to the standard set forth in Section 7-5-7.

D. Electrical Service Design and Construction.

1. Street Lights. When required for overhead lighting by the council, street lights on metal standards shall be installed on all streets within the subdivision and on streets developed in conjunction with the subdivision. The subdivider shall be responsible for coordinating street lighting design and installation with the Sulphur Springs Valley Electric Cooperative and shall cause the street lighting design plan to be submitted for approval of the town concurrently with other required improvement plans. Street lighting design practices shall be in conformance with the current edition of the Illuminating Engineering Society Lighting Handbook, and calculated luminosity shall meet the following criteria for average horizontal foot candles (maintained) light-level range, for each street classification:

Street Classification

Light-Level Range*
(Horizontal Foot-Candles – Maintained)

Arterial Type

Major

1.20 – 1.60

Minor

0.90 – 1.20

Collector Type

Commercial

0.70 – 0.90

Residential

0.60 – 0.90

Local Type

Commercial

0.40 – 0.60

Residential

0.20 – 0.60

Cul-de-Sac

Commercial

0.30 – 0.60

Residential

0.20 – 0.40

*    Horizontal foot-candle maintained values are based upon average pavement reflectance of approximately 10 percent. For reflectance less than 10 percent, increase value 50 percent. For reflectance more than 10 percent, decrease value by 25 percent.

Additionally, the following criteria shall be applied:

a. Lights shall be placed at all intersections.

b. Mid-block lights should be located at lot corners.

c. Separation between standards should be no less than three nor more than six lots apart.

2. Street lights shall be installed on metal or concrete standards. (Ord. 06-07 § 1, 2006; prior code § 13-1-10-5)

17.35.060 Lot improvement standards.

A. Lot Design and Construction.

1. All lots shall be graded to drain toward a street or drainage easement and the finished floor elevation of any building shall be at least one foot above the elevation of the water surface that is created during a storm that is expected to occur at least once every 100 years.

2. Corner lots shall be graded such that they do not create a traffic hazard by limiting visibility.

B. Lot Monument Construction. Iron or steel bars or iron pipes at least 15 inches long and one-half inch in diameter shall be set at all corners, angle points of curvature for each lot and block within a subdivision within one year of recordation of the final plat. Identifying data shall be affixed to each point set in accordance with current rules and by-laws of the State Board of Technical Registration. (Ord. 06-07 § 1, 2006; prior code § 13-1-10-6)

17.35.070 Submittal, review and approval of engineering plan.

Plans submitted in accordance with the provisions of Section 17.35.020(B)(1) shall be reviewed and approved by the public works department. In addition, a set of water improvement plans shall be supplied to the fire chief, who in turn will review the plans and make his written recommendations to the public works department. The improvement plan originals shall be stamped by the public works department as “approved for construction” and a certificate of approval filed with the town clerk prior to recordation of the final plat. Two sets of the final, approved improvement plans shall be supplied to the public works department prior to commencing construction. (Ord. 06-07 § 1, 2006; prior code § 13-1-10-7)

17.35.080 Improvements security.

Prior to approval of the final plat by the council, the subdivider shall provide security by either:

A. Posting of a performance bond issued by a qualified surety;

B. Establishing a cash trust, said funds to be deposited with the town to the credit of the subdivider;

C. Depositing with the town a certificate of deposit issued by a banking institution authorized to issue same;

D. Filing with the town an executed contract of guaranty between financial institution authorized to enter into such contracts;

E. Executing a third-party trust and assurance agreement whereby an Arizona-licensed title or trust company holding title to the lands proposed to be subdivided agrees to act as a trustee who shall not convey title to any of said lands without first obtaining a written release from the town council, or its designee, except that the trustee may convey title in conjunction with a bulk sale or for the sole purpose of encumbering lands immediately re-conveyed to the trust and said assurance agreement shall be subject to acceptance by the town council and approval of the town attorney.

The amount of said security is to be based upon the cost estimate prepared by a registered professional civil engineer in an amount to cover the completed installation of the improvements and requires approval by the public works department. A completion date for the improvements shall be declared by the subdivider and the security shall provide for its forfeiture to the town in the event that said improvements have not been completed or not accepted by the town by the declared completion date due to the default of the subdivider. Where applicable, a concurrent agreement may be executed between the town and the subdivider providing for incremental improvements in planned unit developments; provided, however, that each approved increment shall commensurately conform to the security requirements herein above specified. The council may require of the subdivider such further assurance of the completion of improvements as they may deem necessary to the interest of the public. (Ord. 06-07 § 1, 2006; prior code § 13-1-10-8)

17.35.090 Final inspection and acceptance of improvements.

Upon due notice from the subdivider of presumptive completion of all improvements as called for on the approved improvement plans and required under the provisions of this chapter, the public works department will make an inspection. If all construction is found to be completed to his satisfaction, then that inspection shall constitute the final inspection and the public works department will recommend final acceptance of the public improvements (including street, sewer and drainage improvements) to the town council upon receipt of the following items:

A. Final Plans. Final plans drawn in India ink, or a reproducible copy thereof, showing all street, drainage and sewer improvements constructed, and copies of the final plans, showing all electrical, lighting, gas, telephone, cable television and water improvements constructed within public rights-of-way or public easements for inclusion in the town’s permanent files.

Final plans shall show the approved design conditions and reflect any field changes approved by the public works department, and the developer’s engineer shall certify that the final plans represent as nearly as possible the actual field conditions as constructed. Reproducible copies shall be defined as a copy prepared using an archival photographic image process conforming to standards established by the American National Standards Institute on a polyester material four thousandths of an inch thick with a matte finish. Additionally, the town may request and the developer shall furnish all final plans on compact disc (CD) in the AutoCAD computer format, and each CD shall be labeled with the name of the subdivision and date submitted.

B. Affidavit Regarding Settlement of Claim. The subdivider shall certify that all bills for labor and materials incorporated in the work have been paid and agree to indemnify and save harmless the town against any and all liens, claims of liens, suits, actions, damages, charges and expenses whatsoever, which the town may suffer arising out of the failure of the subdivider to pay for all labor performed and materials furnished in the construction of the required improvements.

C. Guarantee. The subdivider and contractor shall guarantee all work against defective workmanship or materials for a period of one year from the date of its final acceptance by the mayor and town council. Upon final acceptance of the public improvements by the mayor and town council, the public works department will notify the subdivider in writing of this acceptance as of the date of approval by the council. (Ord. 06-07 § 1, 2006; prior code § 13-1-10-9)