Chapter 16.28
IMPROVEMENT REQUIREMENTS

Sections:

16.28.010    Purpose.

16.28.020    General.

16.28.030    Submittal requirements.

16.28.040    Improvement plan review process.

16.28.050    Assurances by developer.

16.28.060    Construction and inspection.

16.28.070    Subdivision improvement acceptance.

16.28.010 Purpose.

The purpose of this chapter is to further describe Stage 5 final plat and improvement plan approval of the subdivision process, the specific responsibilities of the developer in the design, construction and financing of improvements and to establish procedures for review and approval of these improvements. (Ord. 15-392 § 1 (part))

16.28.020 General.

A.    Responsibility. The developer shall be responsible for paying all improvement plan and report review fees at the time of plan/report submittal. The developer shall be responsible for paying all costs for the installation of the improvements as a stipulation of zoning and/or preliminary plat which shall include, at least but not limited to, the following improvements:

1.    Sanitary sewer systems.

2.    Water supply systems.

3.    Grading/drainage/storm drains.

4.    Streets (public and private) and access ways.

5.    Alleys (where applicable and approved).

6.    Utilities (electric, telephone, cable television, gas).

7.    Traffic signals, street lights (where applicable and approved).

8.    Monuments and signage.

9.    Landscaping and streetscape.

10.    Sidewalks, multi-use pathways and trails.

B.    Streets and Public Easements. All streets and public easements within the boundary lines of the subdivision shall be improved to the minimum cross-sections, grades, and standards outlined in this Ordinance. If there are extenuating circumstances the Town may approve modifications. Where there are existing Town streets adjacent to the subdivision, subdivision streets shall be improved to the intercepting paving line of such existing streets, or to a matching line determined by the Town Engineer; transition paving, including turn lanes, shall be installed as required by the Town Engineer. When a subdivision includes a portion of a major street or a collector street, the remainder of which outside of the subdivision is not paved, an asphalt two (2) lane street at least twenty-four (24) feet wide may be constructed in the interim as approved by the Town Engineer. Financial assurances, in the amount necessary for completion of the ultimate improvements of the major street or a collector street, shall be filed with and retained by the Town. In the case where there is an unimproved street or roadway easement between the subdivision and the improved Town street system, an interim paved two (2) lane street at least twenty-four (24) feet wide shall be constructed to a standard approved by the Town Engineer to connect the subdivision to the improved street system. Any interim roadway shall have sufficient culverts and drainage facilities to allow a fifty (50) year frequency storm to pass under the road section and a one hundred (100) year frequency storm to pass over the road section at a depth not to exceed six (6) inches of water. Dead-end streets extending two hundred (200) feet or more and dead-end interim roads shall be graded and have an asphalt surface with a temporary unobstructed minimum fifty (50) foot radius turning circle.

C.    Utilities. The developer shall be responsible to make the necessary arrangements with each of the serving utility companies involved for the installation of the underground facilities, including payment of all deposits, fees and miscellaneous expenses. Letters from each of the serving utility companies indicating that said arrangements have been made shall be submitted to the Community Development Department at the time the improvement plans and final plat are submitted. All utility improvement plans shall be submitted to/through the Town of Pinetop-Lakeside as part of the improvement plan submittal. The Town will log in the submitted plans and forward them to the appropriate utility companies for review.

D.    Monuments. Permanent survey monuments shall be installed along the easement and right-of-way lines, including drainage easements, and in accordance with current Town standards at all corners, angle points, and points of curve and in the center at all street intersections. After all improvements have been installed, an Arizona-registered land surveyor shall check the locations of the monuments and certify their accuracy.

1.    Iron pins shall be set at all lot corners, angle points and points of curve for each lot within the subdivision within one (1) year of final plat approval and before the issuance of the first building permit. Permanent brass cap in concrete monuments shall be set for all subdivision points that are located in the public rights-of-way. These are to be placed in accordance with the applicable MAG standard. (Ord. 15-392 § 1 (part))

16.28.030 Submittal requirements.

A.    General.

1.    It shall be the responsibility of the developer to have an Arizona-registered professional engineer, in the correct discipline, prepare a complete set of engineering plans and reports for construction of all required improvements and an Arizona-registered landscape architect prepare a complete set of landscape plans. All plans and reports submitted to the Town shall be stamped/sealed by the professional who prepared them. Such plans shall be based on the approved preliminary plat and be prepared in conjunction with the final plat and in accordance with all applicable Town, county, or state standards.

2.    All improvement plans for the subdivision, including the private/public utility plans, shall be submitted to/through the Town. All improvement plans submitted to the Town of Pinetop-Lakeside for approval must be submitted on twenty-four (24) by thirty-six (36) inch sheets of blue or black line paper prints. The scales chosen for plans shall be such that existing features, proposed construction and any other information to be provided will be depicted in a clear, uncluttered, understandable manner. Water system, sewer system and street paving improvements should be drawn at a horizontal scale of one (1) inch equals forty (40) feet and a vertical scale of one (1) inch equals four (4) feet, unless the Town Engineer, in conjunction with the water provider and Pinetop-Lakeside Sanitary District, approves the use of another scale. Plans for other purposes may require the use of a larger or smaller scale.

3.    Water and sewer improvement plans may be submitted on the same set of plans, but shall also show on the paving plans. A signature block for Arizona Department of Environmental Quality (ADEQ) shall be on the front page of the water and sewer improvement plans as well as the storm water pollution prevention plans (SWPPP).

4.    Separate grading and drainage plans shall be submitted.

B.    Improvement Plan Submittal Requirements.

1.    Initial Submittal with Final Plat. The following sets of plans and reports along with the required fees shall be submitted to the Community Development Department:

•    Improvement plan review fees (paid to Town and utility companies).

•    Final plat review fee (paid to Town).

•    Ten (10) copies of the final plat.

•    Ten (10) sets of water and sewer improvement plans.

•    Ten (10) sets of paving, grading, and drainage improvement plans.

•    Four (4) sets of landscape improvement plans.

•    Ten (10) sets of all dry utility improvement plans.

•    Three (3) copies of the final drainage report.

•    Three (3) copies of the final geotechnical report.

•    Three (3) copies of the final traffic report.

•    Three (3) copies of the boundary closure.

•    Three (3) copies of the subdivision deed restrictions or covenants, conditions and restrictions (CC&Rs), if any.

2.    The final plat should be in final form showing all information including dedication statement, signature blocks, and other notations as necessary.

3.    Subsequent submittals of improvement plans and reports will require that the redline check prints be submitted in addition to the same number of sets as in the initial submittal requirements.

4.    An approval signature block shall be included on the front page of all improvement plans.

5.    Final Submittal. The following information, documents and material shall be submitted to the Community Development Department:

•    Two (2) copies of engineers cost estimate.

•    Improvement plan mylar cover sheet.

•    Three (3) copies of the final plat (paper prints).

•    Eleven (11) inch by seventeen (17) inch photo mechanical transfer (PMT) of the final plat.

•    Eleven (11) inch by seventeen (17) inch PMT of the final landscape plan.

•    ALTA title report (current to the date of final plat recordation).

•    Assurance of construction (refer to Section 16.28.050 for specifics).

•    Utility companies approval and clearance letter.

6.    Town Recordation Submittal. The following fees, documents and plans shall be submitted to the Community Development Department after the Town Engineer has approved the improvements plans and the Town Council has approved the final plat:

•    Recording fees (for final plat and CC&Rs).

•    One (1) original, signed, covenants, conditions and restrictions.

•    One (1) photo mylar, (not ammonia process) for county records.

•    One (1) mylar sepia, not less than three (3) mil, for Town records.

•    One (1) mylar sepia, not less than three (3) mil, for Project Engineers’ Records.

•    Three (3) copies approved improvement plans (paper prints).

C.    Landscape Plan Submittal Requirements:

1.    Preliminary Landscape Plan. A preliminary landscape plan shall be submitted as part of the Stage 2 preliminary plat application and shall at a minimum contain the following:

a.    Identify the location of all existing and proposed species and inorganic ground covers, sidewalks, paths, curbing, fencing, walls, benches, ramadas, fountains, and waterways. For fencing and walls, provide a preliminary graphic representation as to what is intended relative to the fencing and wall themes.

b.    Show right-of-way landscaping. Right-of-way landscaping is required. The entire area of the right-of-way, between street property line and back of curb (b.o.c.) and/or pavement except for approved driveways, sidewalks and pathways, shall be landscaped.

c.    Include a plant palette, in list form, on the landscape plans that call out all proposed plant species and inorganic ground covers.

d.    Identify existing and proposed lots, streets, fences, walls, wells, or other features as may be applicable.

e.    Identify the line of sight requirements of the Town, county and state.

f.    Identify the name of the developer, project engineer, and landscape architect on the plan.

2.    Final Landscape Plan. A final landscape plan shall be prepared and shall be submitted as part of the final plat and improvement plan submittal and shall at a minimum contain the following:

a.    Final irrigation plan.

b.    Identify the location of all retained and proposed species and inorganic ground covers, sidewalks, paths, curbing, fencing, walls, benches, ramadas, fountains, and waterways. For fencing and walls, provide a final graphic representation as to what is intended relative to the fencing and wall themes.

c.    Show right-of-way landscaping. Right-of-way landscaping is required. The entire area of the right-of-way, between street property line and back of curb (b.o.c.) and/or pavement except for approved driveways, sidewalk and pathways, shall be landscaped.

d.    Include the approved preliminary landscape plan plant palette, in list form, on the landscape plans that call out all proposed plant species and inorganic ground covers.

e.    Identify the specific sizes of all proposed plant and inorganic ground covers. This information shall be included within the plant palette list on the landscape plan.

f.    Identify the exact quantities for each species of tree, shrub and ground cover per each size and species. This information shall be included within the plant palette list on the landscape plan.

g.    Identify the material type, width and depth of the surfacing of all proposed paths, trails and walks.

h.    Identify the type and location of proposed perimeter subdivision walls/fencing and entry monumentation. Indicate exact material types for all fencing and walls and entry monumentation proposed. A separate twenty-four (24) by thirty-six (36) inch wall/fence sheet may be required to be submitted as part of the improvement plan submittal.

i.    Identify existing lots, streets, fences, walls, wells, or other features as may be applicable.

j.    Identify the line of sight requirements of the Town, County and State.

k.    Identify the name of the developer, project engineer, and landscape architect on the plan.

D.    Stewardship Plan.

1.    Fuel Modification Plan. A preliminary fuel modification plan, prepared or certified by a professional forester, a certified arborist, or another qualified individual or organization, shall be submitted as part of the Stage 2 preliminary plat application and shall at a minimum contain the following information.

a.    Identification of subdivision boundaries and location of adjacent Wildland-urban interface or U.S. Forest Service lands, if applicable, on an aerial photo at a scale such that existing vegetative and natural features and any other information to be provided (lot and roadway layout) will be depicted in a clear, uncluttered, understandable manner.

b.    Provide a site specific analysis and identify the areas of high, medium and low risk and the recommended methods and timetables for controlling, changing, or modifying fuels within the subdivision boundaries in order to meet the minimum defensible space requirements necessary to promote forest health and to help prevent the spread of fire to adjacent property.

c.    The plan shall identify those trees that need to be removed or thinned, plants and other non-fire-resistant, insect infested, or disease ridden vegetation, debris on the land, slash, snags, vegetation that may grow into overhead electrical lines, ladder fuels and dead trees.

d.    Identify the type of fuel reduction treatment to be applied.

e.    Provide information on the number of trees per acre pre-development and post-development.

f.    Provide information on the plan for the ongoing and continuous maintenance of the proposed fuel-reduction and disease and insect infestation control measures.

2.    The fuel modification plan shall be reviewed and approved by the Town Forester.

E.    Report Submittal Requirements.

1.    Preliminary Drainage Report. A preliminary drainage report shall be submitted as part of the Stage 2 preliminary plat application and shall at a minimum contain the following information:

a.    Delineation of the boundaries of on-site and off-site drainage areas. Information about adjacent property, such as significant differences in elevation, walls, drainage structures, buildings with their floor elevations, etc., shall be provided.

b.    Identify the drainage pattern for all existing and proposed streets and building sites. Label by number the different critical points and where inlets/outlets are to be located.

c.    Justify the runoff factor (C-factor) used in the computations.

d.    If storm runoff flows onto the property to be developed from the adjacent properties, this must be described in detail. Drainage area, calculated peak flows, velocity and other pertinent runoff data must be presented. If the flow is in a defined channel, the channel must be improved. Special consideration for joint use of open channels as a recreational amenity is to be given on each individual project. The runoff from areas outside the development may be realigned through the new development.

e.    Indicate the detention volume required and provided. Indicate the method for draining basins in thirty-six (36) hours, and who is responsible for maintenance.

f.    Provide location of all drainage easements.

2.    Final Drainage Report. Three (3) copies of a final drainage report shall be submitted as a part of the improvement plan submittal for all developments. The report shall be a complete report and not an addendum to the preliminary drainage report. The format shall be as previously described and include the following additional information.

a.    Place inlets wherever the flow exceeds the street capacity. The inlets are to be analyzed separately and catch basin computations shall be submitted.

b.    Size the storm drains and culverts and submit design computations.

c.    Final detention basins calculations including 36-hour percolation, or evaporation rates.

d.    Final channel flow calculations taking into account the impacts of landscaping and other joint use impacts on the cross-section and Mannings coefficients.

e.    Adjusted calculations for pre- and post-development conditions.

3.    Geotechnical Report. Three (3) copies of a geotechnical report shall be submitted as part of the Stage 2 preliminary plat application and shall at a minimum contain the following information:

a.    Identifies any special geotechnical hazards, and develops recommendations regarding the hazards, grading, foundations and pavement.

b.    The geotechnical hazards portion shall consider at a minimum expansive soils, soil creep, landsliding, and groundwater.

c.    The grading and foundations portion of the report shall include data regarding the distribution and engineering characteristics of the various soil materials; data about groundwater levels; an opinion regarding the geotechnical feasibility of the development as planned; recommendations about any needed mitigation measures for geotechnical hazards, grading criteria and foundation design criteria and any other pertinent information.

d.    The pavement design portion shall include data regarding the distribution of various subgrade materials and, for each, design tests such as R-value. The design procedure and all assumptions used to determine the pavement section shall be presented. The selected design procedure per the traffic and geotechnical report shall not result in a lesser pavement section than the minimum allowed in Chapter 16.24.

4.    Preliminary Traffic Impact Analysis. All traffic analysis information shall be prepared by a registered professional traffic engineer or civil engineer with adequate experience in transportation engineering. A preliminary traffic analysis shall be submitted as part of the Stage 2 preliminary plat application and shall at a minimum contain the following information:

a.    A project trip generation report that provides an analysis of the number of trips generated by the development during a weekday in a one (1) hour a.m. and p.m. peak hour and daily traffic. Trip generation shall be developed utilizing the Institute of Transportation Engineers Trip Generation Manual.

b.    An analysis of the nonvehicular modes of transportation (e.g. sidewalks, multi-use pathways and trails) proposed for the development and their impact on the trips generated by the development.

5.    Final Traffic Report. If the number of peak hour trips generated by the development is greater than one hundred (100) trips, three (3) copies of a final traffic impact analysis shall be provided. The Town Engineer may require a final traffic analysis to be provided for projects with a peak hour trip generation of less than one hundred (100) trips because of safe access concerns. The final traffic impact analysis shall include the following information:

a.    Introduction which outlines the land use, site and study boundaries, and existing and proposed site uses.

b.    Project trip generation estimates (a.m., p.m., and ADT).

c.    Project access and internal circulation evaluation.

d.    Trip distribution.

e.    Trip assignment.

f.    Existing and projected traffic volumes.

g.    Capacity analysis of all impacted public/private street intersections and access points.

h.    Level of service with a minimum service of Level C.

i.    Evaluation of existing and existing-plus project conditions, as well as cumulative and cumulative-plus project conditions.

j.    Project impacts and mitigation measures (recommendations to include the proposed recommended improvements, volume/capacity analysis at critical points, traffic volume proportions for funding of improvements).

k.    Other special requirements, as determined by the Town Engineer.

6.    Water Supply Report. Three (3) copies of a water supply report shall be submitted along with the improvement plan submittal. This report shall include the following information:

a.    Additional water improvements needed for new source, storage, transmission and distribution.

b.    Location and size of the closest existing water line. Static residual pressure and location taken.

c.    The location of all existing fire hydrants within one thousand (1,000) feet of the proposed subdivision and the number and location of all proposed fire hydrants.

d.    Line size and flow calculations for each use classification.

7.    All of these reports shall be reviewed and approved by the Town Engineer or consultant experts designated by the Town Engineer. (Ord. 15-392 § 1 (part))

16.28.040 Improvement plan review process.

A.    Copies of all plans shall be submitted to the Town and shall be distributed by the Town to the appropriate agencies and private/public utility companies. All fees for review of the plan(s), reports, and other submittals shall be paid by the developer. Design and/or review fees shall be paid to the respective utility companies per utility company policies.

B.    The Town staff will review the submittal for accuracy, completeness, compliance with stipulations made by the Commission or Council, requirements of the Development Review Committee, and conformance with all Town Codes.

C.    Navopache Electric Cooperative (NEC) will commence the subdivision design work once the Town transmits one (1) set of the improvement plans to them and the developer has paid the design fee.

D.    Marked up prints (redlines), including NEC’s preliminary design plan, will be returned to the developer’s engineer and landscape architect of record in an expeditious manner for corrections, additions, revisions and in the case of the NEC plan for conflict checks.

E.    Subsequent submittals of the improvement plans and reports shall also include the latest redline set of plans/comments. It shall be the developer’s responsibility to resubmit, through the Town, the NEC preliminary design plan after it has been checked by the developer’s engineer for potential conflicts.

F.    Within ninety (90) days from the date of Town Council approval, and prior to the recording of the final plat and subdivision deed restrictions or CC&Rs, if any, the following items must be submitted:

1.    A project approval letter, signed by the Town Engineer, stating that all of the subdivision improvement plans and reports have all been approved by the Town.

2.    A project approval letter, signed by the Director, stating that any and all required agreements between the Town and developer have been executed.

3.    A letter of agreement from the serving utilities stating the availability of utilities and the approval of improvement plans for the subdivision.

4.    The required financial assurance for construction.

G.    If the engineering plans have not been approved within ninety (90) days, solely due to reasons on the part of the developer, the Council may require the final plat be resubmitted. (Ord. 15-392 § 1 (part))

16.28.050 Assurances by developer.

A.    Agreement by Developer.

1.    The subdivision improvements in an approved development may be constructed in practical increments in accordance with a Council approved phasing plan subject to provisions for satisfactory drainage, traffic, circulation, utilities, landscaping and other elements of the total development plan.

2.    The improvements shall be constructed in accordance with plans approved by the Town Engineer, state agencies and utility companies and shall be completed within an agreed upon specific time period.

3.    The developer shall give adequate financial assurance for construction for each phase in accordance with this Ordinance and to the satisfaction of the Town Engineer and Town Attorney.

4.    Once a construction permit has been issued for improvements under the financial assurance of construction, work shall proceed without interruption until the Town Engineer accepts the improvements.

5.    Any work shown on approved plans that has been abandoned for a period of thirty (30) days, or not completed by the developer in accordance with an agreed upon time period, may be completed by the Town which may recover the construction costs from the developer.

6.    When in the opinion of the Town and the developer it is in the best interest of both parties to delay installation of development required improvements to coincide with adjacent work, the Town Council may elect to accept payment of the estimated cost of said improvements in-lieu of construction by the developer. The timing of this payment will be specified in a Council approved phasing plan.

B.    Financial Assurances of Construction.

1.    The Town Council shall require that the applicant provide cash, a performance bond from a corporate surety licensed to do business as a surety in Arizona, an irrevocable letter of credit, or funds in escrow at the time of application for final subdivision approval in the amount sufficient to secure to the Town the satisfactory construction, installation, and dedication of the required improvements. The amount of the financial guarantee shall be no less than one hundred twenty (120%) percent and no more than one hundred fifty (150%) percent of the cost of the installation and materials necessary to complete the subdivision, depending on conditions.

2.    Such financial guarantee shall comply with all statutory requirements and shall be satisfactory to the Town Attorney as to form, sufficiency, and manner of execution, as set forth in this Ordinance. The periods within which required improvements must be completed shall be incorporated in the financial guarantee and shall not, in any event, exceed two (2) years from the date of final approval. The Town shall require that ten (10%) percent of the gross total cost of public improvements be retained by the Town for the duration of the warranty period which begins from the date of acceptance of said improvements by the Town Council.

3.    Whenever it is deemed appropriate or necessary by the Town Engineer and the Town Council to defer, for an additional two (2) year period, the construction of any required public improvements, because of incompatible grades, future planning, inadequate or lack of connecting facilities, or for other suitable reasons, the developer shall provide renewed assurances based on updated costs as determined by the Town Engineer to secure completion of the required public improvements. (Ord. 15-392 § 1 (part))

16.28.060 Construction and inspection.

A.    All improvements whether public or private shall be constructed to the latest Uniform Standard Specifications for Public Works Construction as written and promulgated by the Maricopa Association of Governments (MAG), the latest standards and specifications adopted by the Town, or standard specifications of the utility provider; whichever is greater.

B.    All improvements shall be constructed with the inspection and approval of the Town Engineer. All construction shall require a Town construction permit. Construction shall not begin until a permit has been issued for the construction.

C.    A preconstruction meeting must be scheduled, by the developer, to include all dry utilities before any trenching or conduit installation is permitted/accepted.

D.    Public utilities must be installed either in public dedicated rights-of-way or public utility easements or easements dedicated specifically by the landowner for such usage and maintenance.

E.    All utility companies, public and private, must inspect all trenches, pipes, lines and conduit installation prior to backfill.

F.    Shading material shall be per the individual utility company standards and all backfill shall be compacted to ninety-five (95%) percent or better.

G.    All underground utilities to be installed in streets and private access ways shall be constructed prior to the surfacing of such street or private access way.

H.    The developer shall provide for an Arizona-registered engineer to be present on the site for sufficient time to assess compliance with the plans and specifications for each element of construction.

I.    The Town Engineer shall be notified in writing forty-eight (48) hours prior to any construction on the project site.

J.    The Town Engineer shall be notified upon completion of all underground utilities within the street rights-of-way and prior to any street preparation work. Interim as-built plans of the utilities and all passing tests results shall be submitted for review. Upon review and approval of the supplied information, the developer may proceed with the installation of street improvements.

K.    The developer’s engineer shall request the Town Engineer to perform inspections of the subgrade base prior to placement of the overlaying materials. In addition the Town Engineer will perform periodic inspections throughout the course of the construction. These inspections or approvals do not signify that the Town has accepted any of the improvements for maintenance.

L.    The developer’s engineer shall submit monthly progress reports to the Town Engineer throughout the construction as requested by the Town Engineer. The monthly progress reports shall include the results of all tests taken during the month.

M.    Testing during the construction phase of the project shall be performed as required by the Town Engineer and the involved utility companies’ policies. (Ord. 15-392 § 1 (part))

16.28.070 Subdivision improvement acceptance.

A.    General. Upon completion of all subdivision improvements and installation of monumentation the Town Engineer will perform a final inspection and review the final reports and as-built drawings for approval.

B.    Final Inspection. At completion of the project a final inspection shall be requested with the Town Engineer. At the time of request for the final inspection one (1) set of mylars and two (2) sets of blueline as-built drawings shall be submitted along with a final engineers’ report and warranty statement to the Town Engineer. The as-built drawings shall be certified and contain the following statement:

I certify that the construction of the public improvements and the "as-built" plan preparation were performed by me or under my direct control and supervision. The construction details as shown on the "as-builts" are accurate and complete to the best of my knowledge and belief.

_________________________________    ______________________________
Arizona Registered Engineer    Date & Registration Number

C.    Final Report. A final report shall be submitted upon completion of the project. The final report shall be compiled by the developer’s engineer and shall include the following:

1.    A brief statement of the testing on the project and a statement as to whether the observations and tests indicate that the various materials in place comply with the plans and specifications.

2.    A summary of all field density tests and compaction tests on trench backfill, on street subgrade and base material and on any fill material.

3.    Asphalt and pavement mix design and all results of Marshall, gradation, asphalt content and compaction tests.

4.    All concrete mix designs and all test results on air content, slump, unit weight, compressive strength at seven (7) and twenty-eight (28) days.

5.    All line pressure, bacteria and manhole test information.

6.    Any other tests or information that may be required as a part of the specifications or that may add to the integrity of the report.

D.    Procedure. The following procedure will be followed for final acceptance of the improvements:

1.    The Town Engineer shall make a final inspection of all public improvements in the project. The developer will be notified of any items that are not in conformance with the Town specifications, and shall bring the items into conformance.

2.    The as-built plans and final report will be reviewed by the Town Engineer. Any additional information needed will be noted and the plans will be returned to the developer for revision and resubmittal as mylars.

3.    When the public improvements have passed the final inspection, the as-built plans and final report have been stamped and approved and the warranty statement provided, the Town Engineer shall make a written recommendation to the Town Council to accept the public improvements for maintenance.

4.    All utilities shall have ADEQ approval of construction signature blocks and/or letters.

E.    Warranty Period on Public Improvements. The warranty period begins on the day that the Town Council accepts the public improvements. At a minimum a warranty period of one (1) year for all utilities and five (5) years for roadway pavement and structure shall apply to all subdivision improvements; however, the warranty period may extend beyond that time period as determined by the Town Engineer. During the warranty period the developer is responsible for repair work to any of the public improvements. The Town Engineer will periodically inspect the public improvements and will notify the developer of the necessary repair work. The developer is responsible for having the repair work completed prior to the end of the warranty period. Upon completion of the warranty period and acceptable repair of any necessary warranty items the remainder of the financial assurances retained by the Town will be released. (Ord. 15-392 § 1 (part): Ord. 06-265)