The poor condition of our roads is a very common topic of discussion in Chandler Heights, whether in the CHCID office or on social media. Following is a brief history and explanation of the situation with our unpaved north/south roads. Please note that most of the east/west roads are actually easements for the property owners and are not for public thoroughfare. They are (or are not) cared for by residents. A common misconception is that our property taxes paid to Maricopa County include road maintenance. They do not in our case, as explained below.

At some time many decades ago, the north/south fruit named roads were Dedicated to the Public, which is a formal request to be included in the Maricopa County road system. Somewhere, somehow, the ball was dropped and Maricopa County never formally accepted the roads into their system. It was so long ago that no one remembers exactly when, why, if we failed to follow up or were never notified that the County did not accept our roads into their system. We just don’t know.

The County did grade the roads periodically, but the work they did exposed and frequently damaged our underground water pipes, so grading was discontinued.

Maricopa County “closed the book” in 1972 on accepting unpaved roads into the system. They only repair, grade, maintain or pave roads already included in their system.

In 2011 a group of resident volunteers approached Maricopa County to request help and/or guidance about how to address the bad condition of the roads. They were informed the roads are not “owned” by the county nor by CHCID, but held in a public trust (except for a few areas on Recker Road that are privately owned). They were told in no uncertain terms that Maricopa County would do nothing to improve the condition of the roads, and that neither CHCID nor residents could fix them – that we were in a “no man’s land” situation. Basically we were told “We won’t and you can’t” grade or otherwise improve the roads except by forming a Special Taxing District to pave all the north/south roads at resident expense. If residents voted to approve forming a Special Taxing District, the project would be undertaken by the County and CHCID residents would relinquish all control of the timing, duration, and cost of the project. 

Ultimately an agreement was negotiated between Maricopa County and CHCID in 2013 so that CHCID could address erosion damage caused by monsoon rains and run off. Dirt was added to the roads to cover domestic and irrigation water lines to a proper depth. That project was completed and for a period of time the roads were graded about every 4-6 weeks to keep them in condition.

ADEQ imposed new air quality (dust) regulations that superseded CHCID’s agreement with Maricopa County in approximately 2015. The new regulations prohibit any “moving of dirt”, i.e., grading, on anything larger than 1/10th of an acre without an ADEQ special permit, using an ADEQ approved vendor, following specific and stringent dust mitigation procedures. The only dirt work allowed is plowing and trenching for agriculture. The first offense fine for violating the new regulation is $10,000. At that point ADEQ ordered that CHCID cease and desist any work on our north/south roads. 

In 2017, at the request of the community, the CHCID Board of Directors met with representatives from the Maricopa County Board of Supervisors to inquire again about CHCID maintaining the roads. The BOS reminded us our By-Laws and authority are limited to irrigation and domestic water at CHCID discretion.

In 2019 another resident committee was formed to try to find a solution. Paving was seriously considered. The County provided an estimate with a convoluted plan to assess by acreage, which would have been overly burdensome to ranchers and citrus growers. With approximately 900 households in the District at that time, the cost was just too high.

Other surface treatments were considered, such as a biodegradable copolymer-based dispersion from SoilWorks called “Gorilla Snot”, but at the time it was too new a product to have historical data proving its efficacy or how long it would last. SoilWorks’ experience with the product at that time was on embankments and road shoulders. They offered no guarantee for surfaces that would experience daily vehicular traffic. Nor did we know at that time if it was safe for use around horses, livestock and pets. The cost for something that might wash or wear away in a matter of a few months was not deemed practical. 

The fact remains that CHCID is expressly prohibited by ADEQ from repairing or maintaining the roads. Even if we could, under Arizona law CHCID is only allowed to charge for water and water related items, such as line installations, meters or risers, and repairs of those items. So how would CHCID fund the equipment, material and labor? Whenever we ask, Maricopa County firmly instructs CHCID to limit our scope to delivering water – the only dirt road work allowed is during a water line repair for which CHCID has annual permits in place.

An option some residents have found, particularly on east/west easements (where they have the authority to do so), is asphalt millings applied to the road surface. Asphalt millings actually harden and form stronger bonds over time, and produce less dust than gravel. Road construction projects often have millings available for the cost of delivery. It’s something to keep in mind.

Synopsis compiled by CHCID Board Member Elizabeth Fulghum. If you have any questions, please e-mail elizabeth.f@chcid.org