means any construction or reconstruction within a public right-of-way or easement. Offsite improvements include:
(Ord. 86-24 § 1)
Offsite improvements shall be required:
A.
For any subdivision of land, in conformity with subdivision regulations of the Town as determined by the Town Council following recommendations from Town Staff.
B.
For all other development or improvements requiring a building permit as defined by the Building Code of the Town, except a single-family residence of any value and additions or alterations to any other existing structure which do not exceed seventy-five thousand dollars ($75,000.00) valuation as determined by the Building Official.
(Ord. 86-24 § 2)
Offsite improvement requirements for all development or improvements, not specifically exempted by Section 12.04.020B as contained herein shall be established by the Town Council or other Official Town Agency or Board as designated by the Town Council following a Staff recommendation in conformance with the following minimum requirements:
A.
Right-Of-Way.
1.
If the area to be developed does not have adequate rights-of-way or easement as determined by Town Staff to facilitate intensified use due to new development, or will not accommodate proposed or contemplated public improvements or drainage, then necessary right-of-way shall be granted to the Town or the Town may impose special building setback requirements to assure clear space for future right-of-way needs. Public rights-of-way, pedestrian easements or utility easements must be provided for all public improvements which are or will become property of the Town.
2.
Reference shall be made to the Town circulation plan to be adopted to assist the Town regarding street improvements, pedestrian ways and adequate rights-of-way.
B.
Drainage. Drainage plans and improvements shall be required in conformity with the regulations of the Town.
C.
Offsite Improvements. Off-site improvements shall be constructed as follows:
1.
Where onsite construction does not exceed two hundred fifty thousand dollars ($250,000.00) valuation as determined by the Building Official, and the property being developed does not have three hundred (300) or more feet of frontage and sideage combined, the owner or developer shall extend existing contiguous street improvements across the length of the property being developed. If the property has both frontage and sideage to a public street right-of-way, required extension of improvements applies only to the street or streets having contiguous improvements.
2.
Where onsite construction exceeds two hundred fifty thousand dollars ($250,000.00) valuation as determined by the Building Official or where the property being developed has three hundred (300) or more feet of frontage or sideage combined, the owner or developer shall construct offsite street improvements as determined by the Town Council, following recommendations from the appropriate Staff members and/or advisory board, in accordance with the Town standards across the entire frontage and sideage of the property being developed.
3.
Reference shall be made to the Town circulation plan to be adopted to assist the Town Council regarding street improvements, pedestrian ways and adequate right-of-way.
(Ord. 86-24 § 3)
Improvements as required by the Town under this chapter may be delayed at the discretion of the Town Council with the stipulation that contributions to these improvements will be placed in an escrow account. The escrow account will be set up by the responsible party with an escrow agent, with specific instructions that the principal and accumulated interest be disbursed to the Town at the time of construction of the improvements. If the improvements are not made within five (5) years, or if a roadway improvement district is established by the Town of which the subject property is included and the owner assessed, the principal and interest will revert to the owner of record of the subject property. The dollar value placed on the required improvements shall be based upon current costs for the required construction as estimated by the Town Engineer and shall include a ten (10) percent fee for engineering costs.
(Ord. 86-24 § 4)
The owner or developer shall assure the Town that a project engineer, registered in Arizona, will be employed to provide required engineering services for offsite improvements, unless waived by the Town Engineer. The responsibilities of the project engineer shall include, but not be limited to the following:
A.
Preparation of the required engineering design report for subdivisions, or plans for other offsite improvements.
B.
Certification that horizontal and vertical alignment and dimensions of offsite improvements have been staked in conformity to Town standards and to the report or plans reviewed by the Town Engineer.
C.
Delivery of reproducible "as built" plans for water mains, sewer mains, and drainage facilities in conformance to Town standards.
(Ord. 86-24 § 5)
A permit, approved by the Town Engineer or his or her designee, shall be required prior to any construction as required by this chapter within public rights-of-way. Such permit shall be issued subject to the following requirements:
A.
Review and acceptance of an engineering design report, or plans for offsite improvements unless plan requirements have been waived by the Town Engineer. Plans shall be reviewed by any utility companies which serve the subject area.
B.
Payment of inspection and testing fees for all offsite improvements located within public right-of-way easements, in accordance with a fee schedule to be adopted by the Town Council and on file with the Town Clerk.
C.
Permit and report or plan acceptance shall be valid for one year, after which time, review by the Town Engineer, reissuance of the permit, and payment of fees for any uncompleted work at the then current fee schedule is required.
D.
Private utility companies which are franchised by the Town shall be exempt from payment of fees for permits issued for work upon their facilities within public easements or rights-of-way.
E.
Construction and scheduling of construction of offsite improvements shall be the responsibility of the developer or owner and the project engineer. All construction shall conform to Town standards and to the Report or plans reviewed by the Town Engineer.
(Ord. 86-24 § 6)
A.
Final inspection of offsite improvements prior to their acceptance will be scheduled after reproducible "as built" plans and the project engineer’s certificate have been accepted by the Town Engineer.
B.
Acceptance of street, drainage, and other offsite improvements will be executed by the Town Engineer when the requirements of these regulations have been fulfilled and ownership of the facilities is offered to the Town.
(Ord. 86-24 § 7)
A.
The required report of plans for offsite improvements have been reviewed by the Town Engineer and found to be in conformity to Town standards and permits have been issued for work in the right-of-way, and
B.
Negotiable security, acceptable to the Town Engineer and Town Attorney, for one hundred (100) percent of the estimated construction cost of incompleted offsite improvements required is offered to and accepted by the Town. A company providing such security must be properly licensed to do business in the state. The Town Engineer may release up to ninety (90) percent of the actual cost or engineer’s estimate of completed and acceptable portion of the work, whichever is smaller, provided such release is approximately twenty (20) percent or more of the security. All remaining security shall be returned or released within forty-five (45) days after acceptance of improvements by the Town Engineer.
(Ord. 86-24 § 8)
The Building Official may issue a certificate of occupancy of any building when all required offsite improvements have been completed and accepted by the Town Engineer or Section 12.04.040 of this chapter has been satisfied. If paving is impossible due to climatic conditions, completion of paving, curb, gutter and sidewalk may be postponed until after occupancy, provided:
A.
All other offsite improvements are complete and acceptable to the Town Engineer; and
B.
An all-weather road, suitable for Town maintenance; and
C.
Temporary storm drainage facilities are provided; and
D.
Negotiable security is provided for one hundred (100) percent of the anticipated cost of completing the offsite improvements the following year.
(Ord. 86-24 § 9)
Any person, firm or corporation violating any of the provisions of this chapter, shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed three hundred dollars ($300.00), or by imprisonment in the Town Jail not to exceed ninety (90) days, or by both fine and imprisonment. Each separate day or any part thereof during which any violation of this chapter occurs, or continues shall be deemed to constitute a separate offense and upon conviction thereof, shall be punishable as herein provided.
(Ord. 86-24 § 10)