Ariz. Admin. Code § R17-3-504 - General Application Procedures

A. An applicant shall obtain an encroachment permit application form from the District Office serving the Department's district in which the proposed encroachment will be located.

B. An applicant shall include the following information on a District Office's encroachment permit application:

1. Name, address, city, state, zip code, telephone number, and signature of proposed encroachment owner;

2. Name, address, city, state, zip code, telephone number, and signature of applicant, if different from proposed encroachment owner;

3. Applicant's legal relationship to proposed encroachment owner;

4. City nearest to the proposed encroachment;

5. Location of proposed encroachment from the nearest milepost (in feet), including state highway route number, side of highway, and engineering stationing (if applicable); and

6. Purpose of proposed encroachment, as listed in R17-3-502(B), and a description of the proposed work or activity in the right-of-way.

C. By signing an application, an applicant or proposed encroachment owner, or both, agree to accept the following general obligations and responsibilities:

1. Assume all legal liability and financial responsibility for the encroachment activity for the duration of the permit;

2. Be responsible for any repair or maintenance work to the encroachment for the duration of the permit;

3. Comply with the Department's traffic control standards;

4. Obtain written approval from the abutting property owner if the encroachment encroaches on abutting property;

5. Upon notice from the Department, repair any aspect or condition of the encroachment that causes danger or hazard to the traveling public;

6. Remove the encroachment and restore the right-of-way to its original or better condition if the Department cancels the encroachment permit, and terminates all rights under the permit;

7. Reimburse the Department for costs incurred or deposit with the Department money necessary to cover all costs incurred for activities related to the encroachment, such as inspections, restoring the right-of-way to its original or better condition, or removing the encroachment;

8. Notify a new owner to apply for an encroachment permit, as required by R17-3-502(D) ;

9. Apply for a new encroachment permit if the use of the permitted encroachment changes;

10. Keep a copy of the encroachment permit at the work site or site of encroachment activity;

11. Construct the encroachment according to plans that the Department approves as part of the final permit;

12. Obtain required permits from other government agencies or political subdivisions;

13. Remove any defective materials, or materials that fail to pass the Department's final inspection, and replace with materials the Department specifies.

Notes

Ariz. Admin. Code § R17-3-504

New Section made by final rulemaking at 10 A.A.R. 5202, effective February 5, 2005 (Supp. 04-4).