(A) All applications for permits shall be in writing on a form as provided by the city. Applications shall be submitted at least 3 working days prior to start of construction and shall, unless waived by the public works director, hereinafter throughout this article referred to as “public works director” collectively, be accompanied by three copies of a drawing, map, diagram or similar exhibit of a size and sufficient to clearly illustrate the location, dimension, motive, method and purpose of the proposed work. Applicants for the permits may be either an owner or contractor; however, the work may be performed only by:
(1) A contractor;
(2) Utility company;
(3) Governmental agency; or
(4) Resident owner of residential property where the property owner proposes to do the work. If the improvement to be constructed under the permit is not to become the property of the city and if the applicant is someone other than the owner, the owner shall also sign the permit form indicating agreement to the conditions of the permit.
(B) Permits shall be issued only to the person, corporation, political subdivision or other entity making application, and therefore may not be assigned to another person, corporation, political subdivision or entity by the permittee. If the permittee assigns the permit to another, the permit shall become void.
(C) If the public works director finds the following, he or she may issue a permit:
(1) That a proposed encroachment will hot be detrimental to the health, safety or welfare of the community or the surrounding property; and
(2) The proposed encroachment will not be detrimental to the condition of any public road, street, alley, federally patented easement or right-of-way of any public street, alley or way not a state highway located within the municipality; and
(3) When completed, the proposed encroachment will not interfere with access to any public place.
(4) If the proposed encroachment does not meet each of the requirements of the preceding sentences, the director may impose such special conditions to the permit. Any decision of the public works director hereunder may be appealed in accordance with the provisions of A.J.C.C., Vol. I, § 13-3-12(B). In the event of any appeal, no permit will be issued while the appeal is pending.
(D) Conditions to a permit shall include those contained in the current edition of the Maricopa Association of Governments Uniform Standard Details for Public Works Construction, and as hereafter may be amended, and/or the current edition of the Maricopa Association of Governments Uniform Specifications for Public Works Construction, and as hereafter may be amended, and/or the City of Apache Junction Engineering Standards, as amended, as the public works director may deem applicable to the proposed encroachment. Additional requirements may be added to a permit in accordance with the provisions of subsection (C) above. Work pursuant to a permit must be completed within the time indicated on the permit, which shall not exceed 12 months. If work is not completed within the allotted time, the permit shall be canceled by the city. If a permit is canceled and the applicant or contractor desires to complete the work, a new permit must be obtained for such remaining work.
(E) New pavement construction, pavement overlay or pavement reconstruction on newly paved streets may not be cut for 3 years after their initial completion, subject to the exceptions set forth below. Underground utility work will be permitted during the three year period but an underground bore must first be performed. If boring is not an option and connections cannot be made at an alternate location, then open cuts of newly paved streets may be permitted upon approval of the public works director. If the public works director approves in writing excavation on newly paved arterial, section line and mid-section line streets, the following criteria must be fully met:
(1) A 1-sack slurry backfill will be required for all trenches unless otherwise approved in writing by the public works director;
(2) The base asphalt shall be T-Top according to the Apache Junction Standard Detail 200M-AJ extending 12 inches beyond the undisturbed trench walls;
(3) The entire roadway width (lip of gutter to lip of gutter) shall be chip sealed per MAG Section 330 for a minimum width of 10 feet on both sides of the trench centerline for which trenches extend beyond the road centerline. The roadway shall be chip sealed per MAG Section 330 for a minimum width of 10 feet on both sides of the trench centerline, from the lip of the gutter to the roadway centerline for trenches which do not cross the roadway centerline. Slurry seal, per MAG Section 332, may be substituted for chip seal only with written permission of the public works director;
(4) All trench backfill and overlay will be inspected by the public works department - engineering division, and any work not conforming to MAG Standards will be ordered removed and replaced by the contractor at the contractor’s expense;
(5) The period from the date trenching begins to the date the roadway overlaying is completed shall not exceed 2 weeks unless approved in writing by the public works director; and
(6) These above conditions are in addition to the procedures and requirements of the current encroachment permit process.
(Ord. 1424, passed 5-19-2016)