Chapter 12.08
USE OF DEDICATED PUBLIC STREETS AND ALLEYS FOR UTILITIES AND RELATED CONSTRUCTION

Sections:

12.08.010    Application for permit.

12.08.020    Permit approvals.

12.08.010 Application for permit.

The application for permit to use Town roads or dedicated streets is adopted and set out in full at the end of this chapter, including specifications for installation of culverts and driveway returns located on the Town right-of-way. (Ord. 90-80 § 3)

12.08.020 Permit approvals.

Applications for permits to use Town roads or dedicated streets shall be submitted to the Town Engineer or such other person as designated by the Town Manager for approval. The Town Engineer or such other person as designated by the Town Manager shall be responsible for the issuance, inspection and general administration of permits authorized by this chapter. (Ord. 98-154 § 8: Ord. 90-80 § 4)

TOWN OF PINETOP - LAKESIDE

GENERAL INSTRUCTIONS FOR R.O.W. PERMIT

A.    Off-road Utility Cuts

1.    Generally won’t need a deposit.

2.    Private drive culvert permits won’t require an application fee, certificate of insurance, or deposit.

B.    Paved Road Utility Cuts

1.    Security deposit shall be $15/sq. ft. of estimated road surface disturbance, rounded to nearest $100.*

2.    Major roads will require a written traffic control plan prior to issuing the permit.

3.    $500,000 certificate of liability insurance required.

C.    Unpaved Road Utility Cuts

1.    Security deposit shall be $10/sq. ft. of estimated road surface disturbance, rounded to nearest $100.*

2.    $500,000 liability insurance required.

3.    Written traffic control plan may be needed, especially for long duration projects.

D.    Borings

1.    Security deposits not required.

2.    Traffic control plans generally not required.

3.    $500,000 liability insurance required.

E.    General

1.    Permits can be issued for projects, not just for individual cuts.

2.    A blanket permit can be issued for one year for activities, either scheduled or emergency, that would occur in the right-of-way but not on the traveled roadway. This would include boring and drilling post holes. It will be revoked if misused.

3.    Non-profit cooperative utility companies shall be required to obtain this permit, but the permit fee will be waived.

*For multiple cuts or large projects, after $2000.00 is reached the additional deposit will be at $2/sq. ft. Example: Est. cut to be 150’ x 3’ = 450 sq. ft.. Deposit to be: 133.33 sq. ft. ($15/sq.ft.) + 316.67 sq. ft. ($2/sq.ft.) = $2,633.29, rounded to $2600.00.

TOWN OF PINETOP-LAKESIDE

APPLICATION FOR PERMIT TO USE RIGHT-OF-WAY

$35.00 APPLICATION FEE

The undersigned herewith makes application for a permit to enter in, upon and use a portion of the public right-of-way of the Town of Pinetop-Lakeside roads or dedicated streets for the purpose of
__________________________________________________________________________________________________________________________________________________________________________

Location of work: ____________________________________________________________________
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FOR AND IN CONSIDERATION of the granting of a permit for the purpose set forth herein the Permittee hereby agrees, covenants, and binds said Permittee as follows, to wit:

SECTION A

CONDITIONS

1.    The applicant assumes all responsibility and liability for injury or damage to roads, ditches, pipes, utilities, etc., and to person and vehicles, that are caused by his/her activities in exercising this permit.

    That in the event the work to be done under the authority of the Permit necessitates the creation of any hazard or source of danger to any person or vehicle using said roadway, said Permittee shall and will provide and maintain at all times during the existence of said hazard, sufficient barriers, danger signals, lanterns and detours.

    The 1982 Arizona Department of Transportation "Traffic Control Manual for Highway Construction and Maintenance" shall be adhered to.

2.    Work shall be done in such a manner as to minimize the inconvenience to the traveling public. No scheduled work shall be permitted on holidays.

3.    The applicant shall make every attempt to protect the existing roads and improvements from unnecessary damage. No tracked equipment may operate on paved roads without pavement pads. Backhoe outriggers shall be equipped to not damage paved roads. All cuts in pavement shall be straight and shall be made by saw cuts. The Permittee shall replace all signs moved or damaged during construction.

4.    The Permittee shall notify the Town of Pinetop-Lakeside Engineering Representative at least 24 hours prior to the ditch being backfilled so that it can be inspected to be sure the backfilling is done in accordance with Town of Pinetop-Lakeside specifications. See exhibit 1 - Drawings for backfill details.

5.    That if the title and possession of any property upon the public right-of-way by the Permittee remains with said Permittee, the Permittee shall and will promptly perform all necessary repair work upon written notice from the Permittor and will not permit or allow any condition to exist which would be a hazard or source of danger to the traveling public.

6.    The cost of relocation of utility facilities, including cable television, wherein relocation is necessitated by improvements constructed by or on behalf of the Town shall be borne by the Town if utility facilities, including cable television, are located in private easements or rights-of-way obtained by the utility prior to the dedication of the public street, alley or easement from which the facilities must be relocated. These prior rights of the utility would also be unaffected by any subsequent relocation.

7.    The Town will not exercise its rights to require utility facilities to be relocated in an unreasonable or arbitrary manner.

8.    Any mechanized excavation work performed within a Town right-of-way and/or Town maintained road shall require a permit from the Town Representative.

9.    All work done within traveled roadway areas will conform to the following specifications along with the current minimum road construction standards of the Town of Pinetop-Lakeside.

    Roadway areas shall be defined as that portion of the total right-of-way which is being used for vehicular traffic along with ditches, dykes, etc., which are man-made and necessary for the proper use or maintenance of the traveled roadway.

    Sidewalks, pedestrian walks, driveways and bicycle paths which are man-made and in operation shall be included in the roadway areas if within the dedicated public right-of-way.

    Roadway cut areas, as defined above shall be applicable to all Town roads and dedicated streets regardless of surface treatments.

10.    Security Deposits

(a)    If required, security deposits shall be made prior to issuing the permit. It will be held for two years after the permanent pavement has been installed and accepted. The security deposit will be refunded at the end of two years, without interest, if a field inspection determines repairs are smooth, free of cracks, and otherwise satisfactory.

(b)    Certificates of Deposits (CD’s) payable to the Town and to the applicant, and held by the Town, with interest reverting back to the applicant, may be used in lieu of cash deposits. Letters of Irrevocable Credit, issued by commercial lending institutions, will be considered on a case-by-case basis by the Town in lieu of cash deposits. Letters stating the applicant will reimburse the Town for repair work performed by the Town due to the applicants failing to perform satisfactory work or repairs, and backed by performance bonds, will be considered by the Town in lieu of cash deposits.

(c)    Applicants who anticipate needing to make more than one security deposit per year may, at their option, make one annual deposit. The amount will be determined by the Town based on past and expected activity of the permittee.

11.    Any utility work done in the traveled roadway shall be accomplished by a contractor duly licensed by the State of Arizona to perform such work, unless the work is performed by employees of utility companies with whom the permit is issued.

12.    Time schedule.

(a)    Permit shall be in effect for thirty (30) days from the date issued unless otherwise specified.

(b)    Construction time of permit for any single location shall be two (2) work days unless otherwise specified.

(c)    On large construction projects, the permit shall be in effect for the life of the contract as specified on the permit.

SECTION B

CULVERT INSTALLATIONS AND DRIVEWAYS

1.    For any new construction projects or on-site development within the Town of Pinetop-Lakeside, the installation of drainage culverts and/or the construction of driveway returns on the Town right-of-way shall be reflected on the approved site plans for such projects and shall be part of the required construction improvements and in such case a permit for work as required by Section A contained herein shall not be required.

    The installation of drainage culverts, driveway returns or any other work in the Town right-of-way not in conjunction with an on-site construction project under a Town building permit will require a permit to work in the Town right-of-way as set forth under "Section A" contained herein.

    For installations of culverts and/or driveway returns which serve existing single family residences or multi-family properties of four (4) units or less, the permit fee, the security deposit, and the requirement for proof of liability insurance may be waived. All other conditions as set forth under "Section A" as contained herein shall apply.

2.    STANDARDS FOR CULVERTS AND DRIVEWAYS IN THE TOWN RIGHT-OF-WAY

(a)    CULVERTS: All culverts installed in the Town’s right-of-way shall be a minimum of 18 inches in diameter or larger, unless determined by the Town following a field inspection that a 12 inch diameter may be used. All culverts shall be of corrugated metal pipe and in good condition. Alternative culvert material such as concrete pipe may be used if approved by the Town. Culverts for driveways shall be a minimum of twenty (20) feet in length or more subject to the driveway design.

(b)    DRIVEWAYS: All driveways located in the Town right-of-way serving properties which do not have existing curb and gutter along the property frontage shall be provided with a culvert as specified under Section B,2,a as contained herein unless due to the lack of an existing or future drainage ditch or swale along the property frontage and the installation of such pipe is not needed.

    All driveways servicing properties to be used for other than a single family residence shall be designed and constructed to a minimum width of twenty (20) feet and a maximum width of twenty-eight (28) feet for two-way traffic and a minimum width of twelve (12) feet and a maximum width of fifteen (15) feet for one-way traffic. The width of all driveways shall be measured at the property line. A minimum radius of twenty-five (25) feet shall be required for all driveway returns in the right-of-way except for single family properties.

    Construction standards for driveways in the Town right-of-way will be set forth at the time a permit is obtained and may include base material and paving to match existing roadway.

    No property shall have more than two (2) driveways onto the public right-of-way per street frontage unless approved by the Town as part of a site plan approval in accordance with Chapter 16.108 of the Town Code.

SECTION C

REMOVAL & BACKFILL

The Town Representative shall be notified at least twenty-four (24) hours before anticipating the beginning of any scheduled backfill activities. The representative shall be notified in a timely manner of changes in the backfilling schedule.

All asphalt cuts shall be accomplished with a concrete saw. No roller cutters or jackhammering will be permitted. Backhoe outriggers shall be equipped with fiber or rubber pads to protect existing asphalt.

Backfill material shall be a "slurry" mixture of one, ninety-four (94) pound sack of cement for each cubic yard of clean, Type II, washed concrete sand or ABC. ABC shall meet the following gradation:

Sieve Size

% Passing

1”

 

 

100

3/4”

80

--

100

3/8”

55

--

75

# 8

30

--

45

# 200

0

--

7

Fifty (50) percent of the material retained on the number 8 sieve shall have fractured faces. Plasticity Index shall range from 0 to 3.

Utility cut configurations and typical cross sections are shown in Exhibit 1.

The paved trench shall be installed with maximum four (4’) foot lifts, with the slurry mixture installed to within two (2) inches of the existing pavement. The slurry shall display a slump of 4" to 5" and shall cure for at least 24 hours. Temporary crossing will be constructed using metal or plastic plates. After the 24 hour cure, the slurry shall have achieved a retained strength of 800 PSI or greater.

The asphalt finish course shall be 2" thick and shall adhere to MAG Spec D-1/2. After compaction, the asphalt shall achieve 95% of a Marshall Value of 143 PCF. The finished patch shall display no unreasonable bump or depression.

If the trench length beneath roads is estimated to be longer than 100 linear feet, the applicant shall obtain, at his/her cost, the services of a qualified independent lab or person to perform the density tests. The frequency of the density tests shall be shown on the permit. The lab and/or person performing the tests shall submit a letter stating the results of the tests performed.

For situations or details not specified in this permit, the Maricopa Association of Government details and specifications for trenching shall apply.

SECTION D

EMERGENCY REPAIRS

In the event unscheduled emergency repairs to utilities are required, a reasonable effort shall be made to contact the Town’s Representative. The utility shall perform the work to the same standard as required by this permit, and shall apply for this permit during the first normal working day following the repair. Repairs made to a cut already under permit shall not require a new permit, but will have the existing permit extended.

SECTION E

TEMPORARY PAVEMENT

The applicant shall make a reasonable attempt to avoid temporary pavements. When temporary pavement is needed, then cold mix or UPM is acceptable. The temporary pavements shall be maintained frequently to provide a smooth riding surface. Temporary pavement shall be replaced with permanent pavement using MAG D-1/2 hot asphaltic concrete within six (6) months of the date of the original temporary patch installation.

SECTION F

DUST PALLIATIVE

Where the disturbance (utility cut area plus other areas covered with excavated material or otherwise roughed up) to unpaved roads exceeds 2000 square feet, the permittee shall apply a dust palliative to the completed road surface. Acceptable materials are lignon sulfonate, magnesium chloride and coherex, applied at the undiluted rate of 0.5 gallons per square yard.

SECTION G

DISPLAY OF PERMIT NUMBER

No work within the right-of-way shall occur unless the permit number and date of issue is displayed in 1" high or larger letters at the work site.

SECTION H

COMPLETION AND WARRANTIES

Completed backfills shall be warranted by the applicant for two (2) years from the date of completion. In no case shall the quality of utility cut backfill be less than the adjacent road. In cases of deteriorating roads the utility cut will be expected to be superior to the adjacent road.

In the event the applicant is not responsive to requests by the Town, the Town’s engineering representative will perform needed work and the cost of such repairs will be deducted from the deposit.

Repairs needed for hazardous conditions created by activities performed under this permit, and considered emergency in nature, may have as little as one hour of notice or attempted notice to the permittee before the Town begins to perform the necessary remedial action. Items of annoyance, such as rough or depressed trenches, will be given a minimum of five (5) working days for the permittee to correct. The Town will give the applicant a written notice of the corrective action needed on nonemergency items.

Applicants are reminded that this permit is between the Town and themselves. The Town will not pursue problems through the various subcontractors that may be used.

Completed backfill activities shall leave the roads and ditches in a neat and clean condition. Existing road widths shall not be reduced.

SECTION I

GOVERNMENT AGENCIES

Governmental agencies shall apply for this permit and must have an approved permit prior to beginning scheduled projects. They will be exempt from the application fee.

An intergovernmental agreement may be substituted for cash deposits if approved by the Town. Such agreement shall clearly state that the Town will be reimbursed for repair work performed by the Town necessary due to the agency or its subcontractors failing to perform satisfactory work or repairs.

SECTION J

MULTI-STREET PROJECTS

Large projects which affect many streets will require a preconstruction review between the Town and the applicant. Road conditions will be documented and any deviations from the standard trench cross-sections, if acceptable to the Town, will be in writing.

PERMIT # ________________________________

Name of Permittee: ________________________________

Mailing Address: ________________________________

______________________________________________

CONTRACTORS LICENSE NO. ________________________________

Signature of Applicant: ________________________________

APPLICANT DO NOT WRITE BELOW THIS LINE
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Estimated size of trench: ________________________________

Is road involved presently paved? ________________________________

Application fee attached: ________________________________

Security deposit attached: ________________________________

Amount: ________________________________

Traffic control plan approved and attached: ________________________________

$500,000 certificate of liability insurance attached: ________________________________

Permit approved with the following requirements: ________________________________

________________________________________________________________________________________________________________________________________________________________________

Permit approved by: ______________________________ Date: ________________________________

Effective date of permit: ________________________________

Effective length of permit: ________________________________

Compaction inspection approved by: ______________________ Date: __________________________

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Permanent pavement inspection approved by: _______________________ Date: ___________________

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Security deposit to be refunded on: ________________________________

(Two years after permanent pavement acceptance)

Exhibit 1