§ 21.90.003. Responsibilities of developer, contractor, and municipality.


Latest version.
  • A.

    Developer responsibilities.

    1.

    The developer shall submit engineered plans for the construction of all private roadways and other facilities required to serve a development as part of the submittal package for a building or land use permit.

    2.

    The developer shall provide adequate public use easement dedication when required by the municipal traffic engineer for improved connectivity, circulation and/or public safety as set out in AMC Section 21.15.150.

    3.

    The developer shall enter into a subdivision agreement, development agreement, or right-of-way permit for construction of all roads and other facilities within dedicated public use easements or right-of-way.

    4.

    The developer shall ensure that subsequent builders or owners performing work on-site or in the adjacent right(s)-of-way are supplied with a copy of the approved site plans.

    5.

    The developer shall be responsible for all work on-site or in adjacent right(s)-of-way until the development is issued final certificates of occupancy. The developer shall not be responsible for the actions of a third party performing work outside of the developer's subdivision agreement, right-of-way permit, building permit, or land use permit.

    6.

    The developer shall retain the services of a professional engineer, registered in the State of Alaska, for inspection of all private road, drainage and utility construction to ensure all improvements are in compliance with applicable municipal standards.

    7.

    The developer shall work with the contractor to ensure daily and weekly inspection and test reports are prepared and submitted in accordance with the requirements set out in subsection E.2. below; and that certified as-built drawings are prepared for all private road and drainage construction and submitted to the municipal building safety department.

    8.

    The developer shall be responsible for identifying all permits required for a development (including, but not limited to, right-of-way permit, flood hazard permit, wetlands fill permit, Corps of Engineers 404 Permit, Title 16 Fish Habitat Permit) and for working with all concerned regulatory agencies to obtain required permits prior to the commencement of work.

    9.

    Prior to issuance of individual building permits, the developer shall be responsible for the preparation of a hydrogeologic report to provide accurate assessments of seasonal high groundwater table elevations for the purpose of maximum foundation depth determination, and to resolve the need for footing and foundation drains. The report shall be based on analysis of groundwater table tests conducted in accordance with the procedures specified in subsection E.6. below, and shall bear the signature and stamp of the responsible engineer or hydrogeologist. The report shall contain recommendations for the mitigation of groundwater penetration into crawlspaces and/or basements.

    B.

    Contractor responsibilities.

    1.

    The contractor shall construct all improvements associated with a development in accordance with the approved plans, issued permits and in compliance with all applicable municipal standards.

    2.

    The contractor and all subcontractors shall perform all site work such that it will not cause adverse pedestrian and vehicle safety impacts to the development, adjoining developments, or adjoining right-of-way.

    3.

    Prior to obtaining a building or land use permit, the contractor shall submit verification that the services of a licensed professional engineer have been retained for construction inspection of all private road improvements as well as an approved quality control plan and construction schedule for those improvements to be approved by the municipal engineer.

    4.

    The contractor shall be responsible for compiling daily and weekly inspection reports for submittal as set out in subsection E.2. below.

    5.

    The contractor shall be responsible for repairing or replacing any improvements found to be insufficient or damaged due to materials, workmanship or the actions of the contractor or subcontractors.

    C.

    Municipal engineer responsibilities.

    1.

    The municipal engineer shall review and approve or disapprove all plans for all developments.

    2.

    The municipal engineer shall determine to what standards any required improvements are to be constructed. The construction standards may not exceed the applicable standards of AMC Title 21.

    3.

    The municipal engineer shall include the approved plan within the applicable agreement.

    4.

    The municipal engineer and/or building official or their designee may periodically inspect construction of the required development improvements for conformance with the approved plan.

    5.

    The municipal engineer shall review and approve or disapprove all design or construction waivers from the standards in this regulation.

    6.

    The municipal engineer shall review the as-builts and inspection reports for consistency with these regulations and the approved plans.

    D.

    Municipal traffic engineer responsibilities.

    1.

    The municipal traffic engineer shall review and approve or disapprove proposed plans to ensure all vehicle and pedestrian safety standards as well as parking and maneuverability standards have been met.

    2.

    The municipal traffic engineer shall review proposed plans to determine if plans comply with the municipal driveway standards.

    3.

    The municipal traffic engineer shall review and approve or disapprove all waivers from the applicable standards in this regulation.

    E.

    Procedures. The developer shall adhere to the procedural matters as outlined in this section to provide consistent plan submittals and standardized field inspection and testing. All procedures detailed shall not exceed those required under a subdivision agreement.

    1.

    Plan preparation: Construction plans shall include the following information:

    a.

    Scaled drawing; minimum scale one inch equals 50 feet zero inches;

    b.

    Dimensions of all proposed roads, driveways, parking and adjacent right-of-way;

    c.

    Existing and proposed property lines;

    d.

    Adjoining right-of-way;

    e.

    Existing and proposed drainage facilities on property and in the right-of-way;

    f.

    Existing and proposed topography extending a minimum 25 feet beyond all property boundaries;

    g.

    Proposed post-development drainage patterns including grade breaks, grade break elevations and drainage arrows;

    h.

    Easements dedicated by plat or recorded by book and page;

    i.

    Development setbacks;

    j.

    Wetland boundaries;

    k.

    Stream protection setbacks;

    l.

    Relevant cross sections of parking areas, sidewalks, curbs, loading bays, ramps, and all other features of the parking area where cross sections will clarify grade breaks and elevations;

    m.

    Construction details and standard cross sections of all proposed roads, public and private, showing street width, limits of excavation, frost classification of subgrade material, depth of classified fill, pavement thickness, curbs, gutters, shoulders, deep utilities, storm drain;

    n.

    Elevation profiles of all proposed roads, public and private;

    o.

    All street geometrics including curb return radii;

    p.

    Water plans and elevation profiles;

    q.

    Sewer plans and elevation profiles;

    r.

    Building footprint(s) and driveway location(s);

    s.

    Finished floor elevations and/or finished garage floor elevations;

    t.

    All proposed landscaping;

    u.

    Locations of all proposed erosion and sediment control BMPs;

    v.

    All proposed points of ingress/egress and AASHTO sight distance triangles at those proposed points shall be identified;

    w.

    Parking calculations;

    x.

    Illumination plans with certified lighting and glare statement;

    y.

    Certified site lighting analysis and glare statement for parking lot lighting where an independent lighting system is provided for parking lots exceeding 20 parking spaces;

    z.

    Clearing limits;

    aa.

    Storm drain plans and elevation profiles; and

    bb.

    Applicable manhole details, pavement cut, and replacement details in conformance with MASS.

    2.

    Daily and weekly inspection reports shall be compiled by the engineer of record and submitted to building safety by close of business, Monday following the reporting period. Failure to comply with this requirement may subject the contractor to issuance of a stop work order until compliance and/or additional fees. The certificates of occupancy shall not be issued until all inspection reports have been received and approved by the municipal engineer. At a minimum, the inspection reports shall contain the following information:

    a.

    Date the work was observed;

    b.

    Project name;

    c.

    Scope of work;

    d.

    Weather conditions and temperature while work was observed;

    e.

    Depth of excavation;

    f.

    Sieve analysis and classification of structural fill material placed within the roadway prism or utility trenches;

    g.

    Verification that all organics have been properly removed from the subgrade;

    h.

    Sieve analysis and classification of structural fill material placed in the private roadway, storm drain trench and/or utility trench;

    i.

    Source and method of backfill;

    j.

    Results of field density testing as set out in subsection E.3. (below), for all road and trench backfill;

    k.

    Compaction methods;

    l.

    Any ground water encountered or dewatering performed;

    m.

    Asphalt pavement thicknesses observed from core samples;

    n.

    Status and effectiveness of erosion and sediment control BMPs; and

    o.

    Engineer's or representative's signature.

    3.

    Guidelines for quality control plan submittal:

    a.

    Identify all haul routes, material sources, and disposal sites, including frequency and types of proposed maintenance of haul routes, and emergency telephone number and contact person. List the days and hours of haul route use, and submit a traffic control plan, if required;

    b.

    List the source and types of soils to be used, including provisions to ensure quality control of all native soils anticipated for use in construction of the development;

    c.

    Identify the types and frequency of all testing in accordance with subsection E.4. below; and

    d.

    Provide procedures for reporting quality control activities, including discoveries of deficiencies in the work, and methods to correct, repair, and retest deficiencies.

    4.

    Quality control testing standards:

    a.

    All FDTs shall include the following information:

    i.

    Project name;

    ii.

    Test number;

    iii.

    Date;

    iv.

    Field technician's name;

    v.

    Location by station (from approved plans) and offset distance;

    vi.

    Elevation (from approved plans);

    vii.

    Description (sidewalk subgrade, street fill by type, water, trench backfill, pavement, etc.);

    viii.

    Nuclear gauge make, model, and number;

    ix.

    Calibration date;

    x.

    Probe depth;

    xi.

    Soil type and procter curve number;

    xii.

    Wet density (pcf);

    xiii.

    Moisture content (percentage);

    xiv.

    Dry density (pcf);

    xv.

    Maximum dry density (pcf — from proctor);

    xvi.

    Marshall density (pcf);

    xvii.

    Percent compaction;

    xviii.

    Remarks; and

    xix.

    All failing FDT's shall be retested until they pass, and the contractor's method of improving the compaction shall be noted on the test form.

    b.

    Minimum frequency of quality control testing. These are minimum frequencies; additional testing may be necessary, depending on circumstances and failure rate:

    i.

    Mechanical analysis on imported material:

    (A)

    Classified backfill, all types — one per 2,000 tons;

    (B)

    Bedding, all types — one per 500 L.F.;

    (C)

    Leveling course — one per 1,000 tons;

    (D)

    Seal coat aggregate — one per 1,000 tons.

    ii.

    Density testing for road construction: One test per 400 L.F. on each lift of classified fill and backfill, and one test per 400 L.F. on completed subgrade prior to placement of leveling course.

    iii.

    Density testing for trench backfill: One test per 300 L.F. of trench at spring line, mid-trench and surface.

    iv.

    A.C. pavement: One truck sample of each day's run for marshal series, and one core sample correlated to truck sample for density and thickness.

    5.

    Inspection and as-built standards:

    a.

    Provide a qualified representative at the site to inspect the work on a daily basis. The engineer shall provide written daily reports in conformance with subsection E.2. above.

    b.

    The engineer's representative shall be responsible for compilation of as-built information, and preparation of as-built drawings and utility service connection records. The minimum requirements and standards for as-builts is set out in MASS 1994, Section 65.00.

    c.

    The engineer shall notify the building safety department if employment is terminated or is reduced to the point that the engineer can no longer perform the services described.

    6.

    Groundwater table elevation testing.

    a.

    The bottom of the test hole shall be at least six feet below the bottom of the anticipated foundation depth, or a minimum of ten feet deep.

    b.

    A perforated plastic pipe, or similar device, shall be installed to the bottom of the test hole, and the test hole shall be backfilled and mounded to slope away from the pipe.

    c.

    The water level in the pipe shall be measured a minimum of seven days after installation to determine water table depth below the surface.

    d.

    Test hole density:

    i.

    Developments one acre or less in size shall install a minimum of three monitoring wells, evenly distributed throughout the property with respect to horizontal and vertical topography;

    ii.

    Developments between one and five acres in size shall install a minimum of two monitoring wells per acre, evenly distributed throughout the property with respect to horizontal and vertical topography; or

    iii.

    Developments greater than five acres in size shall install a minimum of one and one-half test wells per acre, evenly distributed throughout the property with respect to horizontal and vertical topography.

    F.

    Design.

    1.

    Private road design criteria:

    a.

    All private roads shall be constructed with 26 feet of pavement, curb and gutter on both sides, for a total 30-foot section from the back of curb to back of curb.

    b.

    All private roads shall be crowned with minimum two percent cross slopes; inverted sections may be approved by the municipal engineer for roadway lengths less than 300 feet.

    c.

    All private roads shall have a minimum longitudinal grade of one percent and a maximum grade of ten percent.

    d.

    At intersections with peripheral right-of-way, private street grades shall not exceed four percent within a minimum distance of 30 feet from back of curb or edge of shoulder of the peripheral road.

    e.

    The minimum grade of an asphalt swale or "valley gutter" at private street intersections without catchment facilities immediately upgrade shall be one percent.

    f.

    Vertical curves shall be used for transition between intersecting grades of road when the change exceeds one percent.

    g.

    At intersections with arterial or collector streets, private streets shall have a minimum curb return radius of 30 feet. At intersections with all other streets, private streets shall have a minimum curb return radius of 20 feet.

    h.

    All interior radii shall conform to IFC D103.3, minimum turning radius for emergency vehicles, as adopted under AMC Title 23.

    i.

    All private roads within developments shall be designed for a preferred design speed of 25 miles per hour or a design speed of 20 miles per hour upon approval of the municipal traffic engineer.

    j.

    Clear vision areas and clear vision triangles for private streets shall be in compliance with AMC Section 21.45.020, AMC Chapter 24.70, and AASHTO Sight Distance Triangle (see Municipal Driveway Standards).

    k.

    All pre-design subsurface investigations shall be in accordance with the soil investigation standards given in DCM section 1.040.

    l.

    All organics shall be removed from the road subgrade unless otherwise approved by the municipal engineer.

    m.

    The thickness of structural fill for private roads shall be designed using the limited subgrade frost penetration method as described in DCM section 1.070F. All substitute design methods shall have prior approval by the municipal engineer.

    n.

    Geotextile fabric shall be installed at the bottom of excavations for all private roads to prevent contamination of structural fill with frost susceptible soils, unless otherwise approved by the municipal engineer.

    o.

    All structural fill for private roads shall be Type II classified fill material, as defined in the MASS Section 20.05. Type III classified fill material, as defined in MASS, may be used for backfill of storm drain and utility trenches below the road base.

    p.

    All structural fill material for private roads shall be placed in lifts no greater than 12 inches thick and compacted to 95 percent maximum density at optimum moisture content.

    q.

    The top six inches of the structural fill for private roads shall be Type II-A classified fill material only, as set out in MASS Section 20.05.

    r.

    Leveling course and pavement thickness shall be in accordance with MASS.

    s.

    All private roads shall be designed with adequate catchment of surface water runoff to prevent adverse drainage impacts to adjacent properties and/or right-of-way.

    t.

    All manholes, inlets and storm drain lines shall be designed and constructed to municipal standards as defined in MASS Division 55.

    u.

    Names for private streets will be submitted to the municipal addressing department for review and approval prior to having the site plan approved.

    v.

    All private roads will be signed according to MUTCD Standards with a "private" designation on the street sign. A certificate of occupancy will not be issued until the street signs are installed and inspected. See traffic department for design of sign specified as a P3-1P.

    w.

    Private streets shall have "No Parking, Fire Lane" signage on the side of the street where parking is prohibited.

    x.

    Covenants, where applicable, shall provide for the association and/or management company to be able to tow vehicles parked illegally and covenants shall state parking is prohibited on one side of the street.

    y.

    Covenants, where applicable, shall require the association to maintain signage and enforce no-parking areas.

    z.

    Each street shall be named, and each building address shall be based on the access street. (For example, no C Street address if the building does not access off of C Street.)

    2.

    Public roads constructed in public use easements (PUE).

    a.

    Roads determined by the traffic engineer to require a PUE dedication for purposes of access and/or connectivity shall be constructed to the standards identified in AMC Title 21 for public roads; and

    b.

    PUEs shall be 44 feet wide to accommodate the roadway section and the snow storage area. Additional dedication shall be required in the event that pedestrian facilities are needed, as determined by the area wide trails plan, determined by a traffic impact analysis, or the roadway volumes are expected to exceed the requirements in AMC Title 21 for pedestrian facilities.

    3.

    Emergency response.

    a.

    Streets with hydrants on them shall have continuity and not be dead ends, unless located on cul-de-sacs approved by the traffic engineer and the fire department. Hydrants shall be accessible from two directions.

    b.

    Residential developments with 30 or more dwelling units shall be provided with separate and approved access roads, meeting the remote requirements of IFC D104.3., as adopted under AMC Title 23.

    c.

    The number of dwelling units on a single fire apparatus road shall not be increased unless fire apparatus access roads will connect with future developments as determined by the fire code official. No new structures shall be constructed on a fire apparatus access road unless approved by fire code official.

    d.

    To prevent conflagration, one or two family residential developments shall have a clear space of at least ten feet between exterior walls (not including area under the eaves), unless each structure has an approved automatic sprinkler system.

    e.

    Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall meet requirements of IFC D105, as adopted under AMC Title 23.

    4.

    Parking.

    a.

    All over-flow parking areas and parking aisles shall be designed to minimize maneuvering in the main private roadway.

    b.

    Overflow parking shall be provided, in addition to required parking. Overflow parking shall be calculated per the table below:

    Type of Development
    % of Required Parking

    Necessary for Overflow
    Two (2) and Three (3) Dwelling Units 25%
    Four (4) to Six (6) Dwelling Units 20%
    Greater than Six (6) Dwelling Units 15%
    Apartment Complex 12%
    Other uses Per parking study, if required

     

    c.

    Overflow parking may be provided on-street, if the following requirements are met: The parking space shall be a minimum of 20 feet long unless bounded on both ends by parking spaces, in which case, the bounded parking space shall be a minimum of 24 feet long. For example, if there are three parking spaces between two driveways, those parking spaces would be 20 feet, 24 feet and 20 feet long respectively. If the on-street parking is not sufficient to meet the overflow parking requirement, off-street parking shall be provided.

    d.

    All parking spaces inside garages and carports shall meet design requirements found in AMC Section 21.45.080, if the driveway is being used to meet required or overflow parking requirements;

    e.

    Individual dwelling unit garage driveways shall have a minimum of 22 feet between the garage door and the back of curb or edge of pavement for all roadways.

    f.

    All over-flow parking located at 90 degrees to the interior roadways of the development shall be at least 24 feet deep, including any overhang.

    g.

    Private parking garages shall provide a minimum 30 feet of on-site vehicle queuing/stacking that does not interfere with any parking stalls or roadways.

    h.

    All private multi-plex parking garages shall have an entrance/exit that is a minimum of 18 feet wide.

    i.

    All private multi-plex parking garages shall have two entrance/exit points, if designed to provide over 20 parking spaces, unless otherwise approved by the traffic engineer.

    5.

    Plan review and approval. Plans providing all of the required components shall be submitted with the "master" building permit application. The appropriate review agencies shall provide comment to the building official. The building permit shall not be issued until all appropriate departments have provided approval.

    6.

    Noncompliance.

    a.

    Failure of the developer or builder to obtain appropriate permits shall result in investigation fees as set out in AMC Chapter 23.10.

    b.

    Failure to provide all inspection reports and as-built drawings of all private road construction, certified by a professional engineer registered in the State of Alaska shall result in non-issuance of all certificates of occupancy for the development.

    c.

    Failure to comply with the approved plans, permits, and construction inspection requirements herein may result in issuance of a stop work order until such compliance.

(AR No. 2004-108(S-2), § 1, 6-8-04)