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A. Scope. An application for a major grading type 2 permit requires a completed permit application, improvement plans, and all required reports and requirements defined in the town's applications, checklists, and process guides.
B. Improvement plan requirements. Improvement plans must include all requirements defined in the town's applications, checklists, and process guides, and shall conform to all rezoning ordinances, conditions, and other applicable regulations. All plans shall be sealed by the applicable registered professional engineer licensed in the state of Arizona.
C. Soils report. The applicant shall submit a soil report.
1. The report shall contain all geotechnical engineering information and recommendations applicable to the project.
2. The civil engineer responsible for preparing the grading plan shall incorporate all report recommendations into the plan and reference the report on the improvement plan.
3. Approved report recommendations shall become conditions of the permit.
4. The geotechnical or civil engineer shall stamp and seal the report prior to submittal and the date of the seal must be within one year of the submittal, except that:
a. The town may accept a soils report signed and sealed more than one year prior to the submittal date, if it includes a letter from the geotechnical engineer addressing any changes that have occurred since the report was originally sealed, as well as a statement that the recommendations in the report are still valid for the project.
b. The town may accept a soils report signed and sealed more than ten years prior to the submittal date, if it includes the information required in subparagraph a above, as well as at least one additional boring to confirm the recommendations of the original report.
D. Drainage report. The applicant shall submit a drainage report. The drainage report will be prepared in technical conformance with provisions of this chapter and the standards and other applicable requirements of the town.
E. At-risk grading.
1. An at-risk grading permit may be issued in special circumstances at the discretion of the town while the grading plan is being reviewed, provided:
a. The project has design plans that meet one of the following thresholds:
i. First review comments have been completed on a grading plan and the project has an approved preliminary plat or development plan, or
ii. First review comments have been completed on a development plan package.
b. A detailed estimate of the earthwork quantities has been prepared;
c. A restoration and reseeding bond, which includes an estimated amount to regrade and reseed the site to its original condition (plus 15% for administrative costs), has been provided;
d. All applicable fees have been paid;
e. The town finds that the grading is in the best interest of the town;
f. The grading does not include paving, drainage, utilities, or any structures.
Ordinance 2024.011 adopted revisions proposed by Resolution 2024-031, which added subparagraphs a and b to paragraph C.4.
A. Scope. An application for a major utility permit requires a completed permit application, improvement plans, and all required reports and requirements defined in the town's applications, checklists, and process guides.
B. Improvement plan requirements. Improvement plans must include all requirements defined in the town's applications, checklists, and process guides, and shall conform to all rezoning ordinances, conditions, and other applicable regulations. All plans shall be sealed by the applicable registered professional engineer licensed in the state of Arizona. All plans shall be approved by their respective end owner and any applicable reviewing agency.
C. At-risk work. There shall be no at-risk installation of utilities.
A. Scope. An application for a public infrastructure permit requires a completed permit application, improvement plans, and all required reports and requirements defined in the town's applications, checklists, and process guides.
B. Improvement plan requirements. Improvement plans must include all requirements defined in the town's applications, checklists, and process guides, and shall conform to all rezoning ordinances, conditions, and other applicable regulations. All plans shall be sealed by the applicable registered professional engineer licensed in the state of Arizona.
C. Soils report. The applicant shall submit a soils report.
1. The report shall contain all geotechnical engineering information and recommendations applicable to the project.
2. The civil engineer responsible for preparing the grading plan shall incorporate all report recommendations into the plan and reference the report on the improvement plan.
3. Approved report recommendations shall become conditions of the permit.
4. The geotechnical or civil engineer shall stamp and seal the report prior to submittal.
5. The soils report used for the grading permit may contain the relevant information for the public infrastructure permit.
D. Drainage report. The applicant shall submit a drainage report. The drainage report will be prepared in technical conformance with provisions of this chapter and the standards and other applicable requirements of the town. The drainage report used for the grading permit may contain the relevant information for the public infrastructure permit.
E. At-risk work. There shall be no at-risk construction of public infrastructure.
A. Inspection certification option.
1. Upon approval by the town, the owner may retain a civil engineer-of-record (EOR), registered to practice in the state of Arizona, to:
a. Perform the required construction inspection.
b. Certify, upon completion, that the construction has been performed and completed in accordance with the permit conditions, the approved plans and specifications, and with applicable town standards.
2. The owner and the EOR shall execute a written private improvement agreement, on a form to be supplied by the town, clearly enumerating the responsibilities of all parties to the process.
3. The EOR shall make periodic reports to the town as construction progresses and shall maintain records for filing with the town at completion.
4. The town may periodically inspect the work and will monitor the progress. The town will conduct a final inspection upon receiving notice of completion and will release all parties from the permit only after all provisions of the permit and the agreement have been complied with.
B. Final inspection. All required construction work shall be completed in accordance with the permit prior to final inspection by the town and issuance of a certificate of final approval by the EOR.
C. Close-out and town acceptance. Upon receipt from the EOR of the close-out documents required under the terms of the private improvement agreement, and approval by town staff, town staff will complete the final inspections of all improvements. After the close-out package is accepted by town staff and the improvements have passed the required inspections, the town engineer shall accept any public improvements and include them in the town's maintenance program after completion of the warranty period.
Ordinance 2024.011 adopted revisions proposed by Resolution 2024-031 which amended 17-13-10.C.
A. Permit enforcement.
1. The enforcement of this chapter and conditions of the permit shall be in accordance with this section.
2. When town staff determines a non-compliance with the conditions of the permit, or work performed without a permit, the town shall issue a stop-work order and hold in abeyance, by written notice, the town review of other submittals related to the development project and the issuance of town permits for any aspect of the development project until remedial actions have received the written approval of the town staff.
B. Stop-work order.
1. Whenever the town determines that grading does not comply with this chapter or the permit conditions, or that the soil or other conditions are not as stated on the permit, the town may order the work stopped by written notice served on any person engaged in doing or causing such work to be done, or written notice posted on the site.
2. Any such person shall immediately stop such work until authorized by the town to proceed with the work.
C. Failure to obtain permit.
1. Unless exempted by this chapter, failure to obtain a permit prior to commencement of grading shall be a violation of this code, subject to a fee as set forth in the comprehensive fee schedule adopted by the town council and amended from time to time.
2. The town engineer may issue an exception permit if the town engineer finds that an emergency existed which made it impossible first to obtain a permit.
A. Waivers.
1. Scope. A waiver from a provision of this chapter may be granted by the town engineer when the strict application of the provision would require work by the permit holder detrimental to the purposes of this chapter and cause an unnecessary hardship to the property owner.
2. Standards. A waiver shall not be granted unless:
a. The waiver is the minimum necessary to afford relief;
b. The waiver will not be materially detrimental to the rights of owners and residents of other affected properties; and
c. The waiver is in harmony with the intent, the purposes, and the provisions of this chapter from which the waiver is requested.
3. Conditions. Conditions may be imposed on a waiver that will:
a. Secure the intent, the purposes, and the provisions of this chapter from which the waiver is granted; and
b. Provide adequately for the protection of surrounding property owners and residents.
4. Application. The request for a waiver shall be made on a form provided by the town staff and shall be heard within 30 days. Fees shall be paid in accordance with the comprehensive fee schedule adopted by the town council and amended from time to time.
5. Notice and review. Notice of the application and the hearing shall be mailed to all property owners within 300 feet of the site and shall be posted at the town's official notice positions. The town manager shall hold a hearing on the waiver request and render a decision within five working days thereafter.
6. Appeal. Within 15 days of receipt of a notice of decision from the town, the applicant may file an appeal for a hearing by the council.
B. Interpretation review.
1. Scope. Upon request by an affected person who believes there has been a misinterpretation, the town manager shall review an interpretation of a provision of this chapter made by the town engineer.
2. The request for review shall cite:
a. The disputed interpretation made by the town engineer; and
b. The words alleged to have been misinterpreted.
3. Application. The request shall be made in writing and shall be heard within 30 days. Fees shall be paid in accordance with the comprehensive fee schedule adopted by the town council and amended from time to time.
4. Notice and review. Notice of the application and the hearing shall be mailed to all property owners within 300 feet of the site and shall be posted at the town's official notice positions. The town manager shall hold a hearing on the request and render a decision within five working days thereafter.
5. Appeal. A decision of the town manager may be appealed to the council within 15 days of the decision.