12.05.070 Permit requirements – Classes of permits

12.05.070 Permit requirements – Classes of permits.

A. Compliance. No person, organization, public service utility or franchise grantee shall be issued a permit for construction and maintenance upon, over, along, across and under present and future public rights-of-way without first having complied with subsection (B), (C) or (D) of this section, as applicable.

B. Classes of Permit. There shall be four classes of permit:

•General permit.

•Project permit.

•City-developed consent permit.

•Citywide permit.

1. General Permit. Public service utilities having franchise agreements with the city grantees may be issued a general permit by the city engineer. This permit authorizes the permittee to perform each of the following types of work on a repetitive basis:

i. Any appurtenance located not less than 10 feet from the edge of the traveled way (NOTE: gas meters must meet the additional requirement of being located within one foot of the right-of-way property line);

ii. Appurtenances other than gas facilities located less than 10 feet from the edge of the traveled way not protruding more than two inches above the surface;

iii. Emergency work as necessary to protect the health, safety and welfare of the public;

iv. Blue Stake locations – work done in providing Blue Stake locations of utility lines or appurtenances.

i. All service lines not located under pavement and not less than 24 inches below the surface at any point along the run of the lines; (Lines located in solid rock, as defined in SCC 12.05.040, may be not less than 24 inches below the surface, if covered with a concrete cap of not less than three inches thick.)

ii. Emergency work as necessary to protect the health, safety and welfare of the public;

iii. Blue Stake locations – work done in providing Blue Stake locations of utility lines or appurtenances;

iv. All service lines located under asphalt pavement over six years old and which is 36 inches or more below the pavement grade.

a. All construction shall comply with standards established in this chapter and with the standards of the building code in SCC 15.05.010, as amended in SCC 15.05.020; the plumbing code in SCC 15.10.010, as amended in SCC 15.10.020; and the National Electric Code in SCC 15.15.010, as amended in SCC 15.15.020 and best management practices as related to prevention of water and air pollution.

b. Each installation shall be reported by the permittee on the monthly summary of utility rights-of-way work form, as provided by the city engineer.

c. The city engineer may request compaction testing to verify compliance with this chapter.

i. All construction and maintenance shall be accomplished at such time and in such manner as to be least inconvenient to the traveling public;

ii. All work, with the exception for concrete and stucco work as allowed below, shall be performed Monday through Friday 7:00 a.m. – 6:00 p.m., and 9:00 a.m. – 4:00 p.m. on city holidays and Saturdays. No work shall be performed on New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. This shall not apply to emergency work. Work in progress may be allowed to continue until the time specified by the city engineer and:

(A) If it is expedient to do so; and

(B) Work on that particular project was initiated before noon;

iii. The delivery, placement and finishing of concrete and stucco may begin one-half hour before sunrise during the period from May 1st through September 30th of each year. This does not apply to asphalt concrete;

iv. In no case shall work start after noon if it is anticipated that it will continue past the end times as stated in subsection (B)(2)(d)(ii) of this section, and if it can be finished by initiating the work earlier in the day;

v. If unusual weather or unforeseen conditions appear, the applicant shall immediately request an extension from the city engineer.

e. The permittee shall be responsible and liable for replacing and restoring the disturbed rights-of-way; including but not limited to the paving, sidewalk, driveway, Americans with Disabilities Act (ADA) facilities ramps, surfacing, planting and ground cover; in as good condition as it was prior to disturbance. The permittee shall not be responsible for replacing and restoring improvements that have been disturbed in the rights-of-way, if these improvements constitute a hazard in the rights-of-way, and the permittee has applied for and received approval from the city engineer not to replace or restore such improvements; the term replacement shall include installation of new improvements to standards current at the time of installing the new improvements.

f. Work not specified by the general permit may be authorized under the project permit.

3. Project Permit. Persons and organizations and public service utilities and franchise grantees which apply for construction and maintenance projects not specified by a general permit or a citywide permit may be issued a project permit by the city engineer.

C. Conditions for Issuance of a Project Permit. A project permit may be issued by the city engineer, provided the applicant signs the permit application agreeing to all of the following terms and conditions pertaining to the permit; plus any additional conditions specified by the city engineer in the project permit.

1. Appurtenances. The exact location of the appurtenance relative to the right-of-way boundary shall be submitted with the application for a project permit.

2. Lines Under Pavement. The top of all service lines located below pavement shall be not less than 36 inches below the pavement surface at any point under the pavement, unless connecting to existing lines that are less than 36 inches below pavement or exempted under a city-approved franchise agreement. In such cases, lines shall be no higher than the existing lines. The top of the lines located below pavement in solid rock, as defined in SCC 12.05.040, shall be not less than 24 inches below the pavement surface at any point under the pavement, unless connecting to existing lines that are less than 24 inches below pavement. In such cases, lines shall be no higher than the existing lines. For purposes of this provision pavement refers to the finished surface of a roadway or driveway, whether native ground, gravel, asphalt pavement, concrete or other surface finish.

a. The permittee shall be responsible and liable for any disturbance, injury or damage to all rights-of-way, including, but not limited to, surfacing, planting and ground cover and to utility property below, in and above the same rights-of-way.

b. The permittee shall be responsible and liable for replacing and restoring the disturbed rights-of-way; including, but not limited to, the paving, sidewalk, driveway, surfacing, planting and ground cover; in as good condition as it was prior to disturbance or to current standards, whichever is greater. The permittee shall specify the details of all replacement work, including any deviations from the existing condition. The permittee shall not be responsible for replacing or restoring improvements that constitute a significant impediment to the maintenance of the roadway or appurtenances or that constitute a hazard in the right-of-way; and the permittee has applied for and received approval from the city engineer not to replace or restore such improvements.

c. The permittee shall be responsible and liable for, and shall hold the city harmless from, any injury or damage to any person, animal or vehicle, which may be using the rights-of-way in a lawful manner, caused by or arising out of the exercise of the permit. The permittee shall be responsible and liable for all maintenance work on any property to which he has title and possession after the construction time limit has expired.

d. The permittee shall be responsible and liable for, and shall hold the city harmless from, allowing any condition to exist which may be a hazard, nuisance or source of danger to the public.

e. A certificate of insurance shall be submitted with the permit application specified in SCC 12.05.030, when the total cost of furnishing equipment, labor and materials exceeds $1,500. This certificate shall verify comprehensive general liability coverage of not less than $1,000,000 per occurrence and $2,000,000 aggregate and shall name the city as additional named insured. Utility companies may choose to submit a certificate of insurance upon application for a general permit. This coverage shall be in force for a period of two years from the date of issuance of the general permit.

f. Applications for work that is to be performed by licensed contractors shall include verification of licensing as required by the State Registrar of Contractors. The city engineer may require additional insurance, performance bonds or other bonding for large projects.

4. Cost. Unless otherwise agreed, the city shall not bear any cost or expense for construction and maintenance.

5. Pre-Construction and Maintenance Conference. The city engineer may require the applicant to attend a pre-construction and maintenance conference.

a. All construction and maintenance shall be accomplished at such time and in such manner as to be least inconvenient to the traveling public.

b. All work, with the exception for concrete and stucco work as allowed below, shall be performed Monday through Friday 7:00 a.m. – 6:00 p.m., and 9:00 a.m. – 4:00 p.m. on city holidays and Saturdays. No work shall be performed on New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. This shall not apply to emergency work. Work in progress may be allowed to continue until the time specified by the city engineer and:

i. It is expedient to do so; and

ii. Work on that particular project was initiated before noon.

c. In no case shall work start after noon if it is anticipated that it will continue past the end times stated in subsection (C)(6)(b) of this section, and if it can be finished by initiating the work earlier in the day.

d. If unusual weather or other unforeseen conditions appear, the applicant shall immediately request an extension from the city engineer. All construction and maintenance shall be completed by the time specified in the permit.

e. The delivery, placement and finishing of concrete and stucco may begin one-half hour before sunrise during the period from May 1st through September 30th of each year. This does not apply to asphalt concrete.

f. The provisions of subsection (C)(6) of this section shall not apply to emergency work.

7. Water, Air, Solid Waste Pollution. Work shall include measures to reduce water, air and solid waste pollution. Best management practices appropriate to the work as contained in current guidance documents prepared by the city, state, or federal practices. Environmental Protection Agency shall be utilized. The practices used shall be subject to city engineer approval. The city engineer may require a project specific pollution control plan.

a. When determined by the city engineer, traffic adjacent to and within the construction area shall be controlled in accordance with the “Manual on Uniform Traffic Control Devices” (MUTCD), and the Arizona Department of Transportation (ADOT) “Traffic Control Manual for Highway Construction and Maintenance”; one copy of each of which are on file and are open for public inspection in the office of the city engineer. The city engineer may require signs, flaggers, pilot cars and other devices and methods. He may require that a project specific traffic control plan be submitted with the application before the permit is issued.

b. The permittee shall give notification to the city engineer no less than two working days before work is to begin or before work is to recommence after stoppage.

c. The permittee shall not partially or fully block rights-of-way to pedestrian or vehicular traffic under any circumstances without a valid permit. Whenever possible, 1-way traffic shall be maintained. In no case shall blockage of emergency vehicle access be permitted. Notification shall be given to the chief of police and the Sedona fire department, pursuant to SCC 10.10.010 and Chapter 10.15 SCC.

a. The city engineer shall be notified after any trench or excavation has been backfilled, but before placement of any pavement courses; and

b. After placement of final pavement course; and

c. After completion of all work.

a. The city engineer may routinely inspect work authorized by the permit at any time.

b. The city engineer shall perform a final inspection of all work authorized by the permit.

c. Following final inspection of all work authorized by the permit, the city engineer shall determine if the completed work conforms with the permitted work.

d. In addition, the city engineer may request compaction testing to verify compliance with this chapter.

a. The city engineer shall notify the permittee in writing that work not in compliance has been declared deficient, and he shall direct the permittee to correct such deficiencies within 15 days.

b. If the permittee does not correct such deficiencies within 15 days, the city engineer shall immediately proceed to correct the deficiencies and collect all costs from the permittee.

c. Additional penalties may apply, pursuant to SCC 1.15.010.

12. Cancellation of Permit. The city engineer may immediately cancel and thereby revoke the rights provided by either a general permit or a project permit if he determines that, during the life of the permit, the permittee is conducting the work permitted in a manner so as to endanger the public.

a. The city engineer may, upon written notice, require the permittee to remove or abandon in place as specified by the city engineer, all property to which the permittee has title or which has been rented or leased by the permittee, if the right-of-way is needed by the city. The city shall bear the cost of relocation for only those improvements installed under a city rights-of-way permit, or for those improvements installed in accordance with the depth specifications contained in this chapter.

b. Whenever a permit is canceled by the city engineer, the permittee shall be responsible and liable for replacing and restoring the disturbed rights-of-way; including but not limited to the paving, sidewalk, driveway surfacing, planting and ground cover; in as good condition as it was prior to disturbance, pursuant to subsection (C)(3)(b) of this section.

D. Conditions of Issuance of a Citywide Permit. The city engineer may from time to time issue, amend, revise or revoke citywide permits for work within the right-of-way. A citywide permit allows anyone to proceed with work within right-of-way that is adjacent or within their property or place of residence; provided, that the terms of the citywide permit are adhered to. The city engineer shall require that anyone acting under terms of a citywide permit hold the city harmless. The issuance of a citywide permit shall not prohibit anyone from applying for a project permit. The city engineer shall state in the permit if the city is to be notified of work to be conducted pursuant to the terms of a citywide permit. [Code 2006 § 7-15-7. Ord. 2008-05, 6-10-2008; Ord. 2008-11, 10-14-2008].