Alhambra Municipal Code Ch. 13.20 Excavations

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CODE. The Municipal Code of the city of Alhambra, California.

DIRECTOR OR DIRECTOR OF PUBLIC WORKS. The Director of Public Works of the city of Alhambra, or his or her designee.

EXCAVATION. Any method by which earth, sand, gravel, rock or any other material is cut, dug, quarried, uncovered, removed, displaced, or relocated, and the definition shall include the conditions resulting therefrom.

FILL, BACKFILL. Any method by which earth, sand, gravel, rock or any other mineral material is placed, deposited, dumped, pulled, transported or moved to a new location and the definition shall include the conditions resulting therefrom.

PERSON. Any person, firm, or corporation, or the agents or servants thereof.

PUBLIC STREET. Any public street, alley, sidewalk, or other public place whether held in fee, easement, or lease by the city.

('86 Code, § 13.20.010) (Ord. 3002, passed - -; Am. Ord. 4403, passed 2-12-01)

This chapter shall apply to work contemplated or performed in any public street, with the exception of the following excavations, fills or works:

(A) The depositing of rubbish or other material at any dump operated by the city.

(B) Excavation or fill in connection with the construction of an earth fill dam regulated by the State Department of Water Resources.

('86 Code, § 13.20.020) (Ord. 3002, passed - - )

It shall be unlawful for any person to make, cause or permit to be made, an excavation or fill in, over or under the surface of any public street for any purpose, without first obtaining from the Director of Public Works a written permit to make such excavation or fill in the particular location specified, and paying the applicable fees therefor. No such permit shall be issued until the applicant has received a grant of franchise, or is exempt from such requirement under any or all applicable statutes, ordinances, or charter provisions that require a franchise for the activities or purpose for which the applicant is making the excavation or fill.

('86 Code, § 13.20.030) (Ord. 3002, passed - - ; Am. Ord. 3934, passed - - ; Am. Ord. 4403, passed 2-12-01) Penalty, see § 1.12.010

The Director of Public Works, before issuing such permit, shall require:

(A) A written application for each proposed excavation made on a prescribed form and filed with the Director of Public Works, which shall contain applicant's name, residence and business address, together with details as to location, area, and purpose of each proposed excavation or fill.

(B) Furnishing of adequate data as to identity, location and character of any surface or subsurface structures that may be affected by the proposed operation.

(C) A plat and/or written description in duplicate describing location, size and character of the proposed excavation or fill, together with such additional pertinent data and information as the Director of Public Works may require.

(D) Such evidence as may be required to estab-lish that the applicant is either the owner or a licensed contractor possessing a contract with the owner of the property which is the subject matter of the application.

(E) A diversion/recycling plan describing the disposition of all asphalt and street surface materials, consistent with the AB 939 diversion/recycling guidelines available from the Director of Public Works.

(F) A traffic safety plan.

('86 Code, § 13.20.030) (Ord. 3002, passed - - ; Am. Ord. 4403, passed 2-12-01)

(A) Before issuing such permit, the Director of Public Works shall require payment of a non-returnable permit fee. In addition thereto, the permittee shall be required to pay an observation fee which fee shall be based upon the excavation's total square footage.

(B) The purpose of the observation fee is to defray the expenses incurred by the city; in connection with the project for, but not limited to, inspecting, supervising, completing, cleaning up and/or making safe the work.

(C) Except for requirements subject to the exclusive jurisdiction of another regulatory agency, the location, depth and other physical characteristics of any facilities for which an excavation permit is issued shall be subject to approval of the Director, and all backfilling, compaction and pavement restoration performed for any excavation shall comply with the requirements of this chapter.

(D) No fee or requirement authorized or imposed pursuant to this chapter shall be construed to affect or alter in any way any obligation of public and private utilities with facilities installed in any street, alley, sidewalk or other public place to relocate the facilities at no cost to the city, in the event that relocation is required by the city to accommodate a proper governmental use of the street, alley, sidewalk or other public place.

(E) The amount of the fees set forth in division (A) above shall be set by resolution of the City Council.

('86 Code, § 13.20.050) (Ord. 3102, passed - - ; Am. Ord. 3538, passed - - ; Am. Ord. 3587, passed - - ; Am. Ord. 3934, passed - - ; Am. Ord. 4403, passed 2-12-01)

Any person making an application to excavate or fill shall file in the office of the Director of Public Works, and maintain in force, a certificate of public liability and property damage insurance, as issued by an insurance company approved by the city, with minimum limits in amounts to be set by City Council by resolution to cover such liability and insure the city from any and all liability of any nature whatsoever connected directly or indirectly with the work. Any public utility regulated by the Public Utilities Commission of the State of California which also holds a franchise from the city need not, however, file or maintain the aforesaid certificate of public liability and property damage insurance with the city.

('86 Code, § 13.20.060) (Ord. 3102, passed - - )

The permittee shall be responsible to comply with all current federal, state and local safety regulations and requirements. As used in this chapter, the term "permittee" shall mean the person to whom an excavation permit is issued, as well as the person owning the facility or installation for which the excavation permit is issued.

(Ord. 4403, passed 2-12-01)

(A) Upon receipt of written application conforming to the requirements of the code and such plats, deposits, bonds, insurance and fees as required, the Director of Public Works shall issue a written permit for such excavation or fill. Issuance of a permit may be deferred, consistent with division (E) below, or limits and conditions for doing the work may be imposed as public necessity or convenience requires.

(B) Such permit shall state the name of the person to whom it is issued; the streets and the particular portion or portions thereof to be excavated or filled.

(C) No permits shall be transferable. Every such permit shall become void unless the excavation or fill to be made in connection therewith is commenced within 60 days from date of issuance of the permit and the work diligently prosecuted as provided therein.

(D) In the case of a public utility or other agency holding an operating franchise in the city, the Director of Public Works may, on application, subject to his or her discretion, issue a single blanket permit for excavations, cancelable on ten days' written notice by the city. Such permittees shall notify the Director of Public Works not less than 24 hours in advance of any proposed operation on a form prescribed by the Director of Public Works, and receive permission to conduct such operation before proceeding therewith. The utility or other agency shall comply with all applicable provisions of this code.

(E) Notwithstanding any other provision of this chapter, no excavation shall be permitted in a particular area of public street for 12 months after that area has been paved or resurfaced (including, but not limited to, asphalt overlay and slurry sealing). Neither may more than two excavations be permitted within any 12 month period in the same block of public street for mid-block excavations, or the same intersection for excavations in or traversing an intersection (the "excavation area"). The 12 month period shall be measured from the time each excavation is begun. Notwithstanding the foregoing, excavation may be permitted in the case of emergency or where such limitations are inconsistent with existing access rights to the public right-of-way.

(F) It shall be unlawful for any person to install any service pipe, main pipe, conduit, wire, cable, manholes, duct, tunnel or other structure except manholes, culverts, catchbasins, vaults and similar structures in any public street below the established gutter grade of any street, or the surface of any public place at a distance less than that designated by the city.

(G) The performance of any work under or by authority of a permit issued under the provisions of this chapter shall constitute an acceptance by the permittee of any special conditions in the issuance of any permit granted hereunder.

(H) All work shall be planned and prosecuted with diligence in a manner so as to obstruct the street to the minimum. All work shall conform to standards as designated by the Director of Public Works.

(I) The Director of Public Works and owners of structures and substructures who may be affected by work done under the provisions of this chapter shall be notified not less than 24 hours prior to time of starting the work, except for service installation, service replacements and leak repairs.

(J) In lieu of permitting any person to permanently resurface any excavation made or replace improvements damaged or destroyed in a public street, the city may, through its Director of Public Works, elect to do such resurfacing or replacement with city equipment, materials and personnel, in which event the person to whom the permit has been granted for making such excavation shall post, as part of the special deposit with the city, such sums of money as shall be designated by the Director of Public Works to pay for resurfacing by the city.

(K) All excavation backfilling shall be done in accordance with the specifications for street improvement in the city designated by the Director of Public Works and the standards of the Public Works Department. The Director of Public Works may, if it is deemed necessary, require the permittee to dispose of the native material excavated and backfill with select material or durable mineral aggregate. The old torn up pavements and other rubble shall be removed, together with any surplus excavated material, within one working day from the time such material is placed upon the street, provided that exceptions to this requirement may be approved by the Director. All of such materials must be recycled and/or diverted consistent with the approved recycling/diversion plan. After backfilling is completed, and prior to repaving the cut, the contractor or permittee shall remove all loose paving material and trim the edges of the excavation at the street surface to the satisfaction of the Director. Whenever any caving occurs in the sidewalls of any excavation, the pavements above such caving shall be cut away. In no case shall any void under a pavement be filled by any side or lateral tamping.

(L) The permittee shall place all trench backfill to a density of 95% optimum density for the first six inches under paving or sidewalks, 90% of maximum density for the next underlying two feet, and 85% of maximum density for the balance of any further underlying backfill. Density shall be as measured by the modified American Association of State Highway Officials methods. All other fill or backfill shall be placed to 95% of maximum relative density as measured in the same manner. The permittee shall place and maintain, until permanently repaired, a safe temporary slow-curing asphaltic concrete surface patch at least one and one-half inches thick. Upon request, the permittee shall furnish laboratory reports certifying compaction results obtained.

(M) After any excavation in a public street has been made for the purpose intended, the work of backfilling the excavation shall be completed as soon as reasonably possible. The permittee shall guarantee the quality and completeness of his work for a period of two years.

(N) Notwithstanding division (E) of this section, if a person desires to excavate within 12 months after the area to be excavated has been paved or resurfaced, and that excavation is not eligible as an emergency excavation under § 13.20.180, such excavation may be permitted if the person agrees to resurface the entire excavation area in which they desire to excavate. Such resurfacing shall be completed in accordance with specifications designated by the Director of Public Works, and shall be secured a completion bond or other security sufficient to ensure completion of the work in a timely fashion. The permittee shall guarantee the quality and completeness of his work for a period of two years.

('86 Code, § 13.20.070) (Ord. 3002, passed - - ; Am. Ord. 4403, passed 2-12-01) Penalty, see § 1.12.010

(A) It shall be unlawful for any person to make, cause or permit to be made, any excavation, or to install, cause or permit to be installed any tank, pipe, conduit, duct, tunnel, utility pole or other utility or appliance in or under the surface of any public street, alley, sidewalk or other public place, at any location, other than that described in the application for the excavation permit and as shown on the plans filed with the Director, and in accordance with the requirements of the permit. If the circumstances appearing after the excavation is commenced make it impossible to comply with the permit, the Director may grant a waiver to take the circumstances into account.

(B) Failure to comply with requirements set forth in this chapter or on any permit shall be cause for revocation of the permit until the violations have been corrected or alternative requirements have been approved by the Director.

(Ord. 4403, passed 2-12-01)

If, during the guarantee period, repairs become necessary because of faulty materials or workmanship on the part of the permittee or his agent, permittee shall be notified to remedy the defect within five days after serving of such notice. The permittee shall make repairs to the installation or backfill and have the pavement restored as specified by the Director, within such time period as may be specified by the Director. If the pavement is not restored as specified by the Director within the time period specified by the Director, and unless delayed by a strike or conditions beyond permittee's control, the Director ay cause the work to be done after giving the permittee 24 hours final notice. The cost thereof, including any inspection costs and administrative overhead incurred by city, shall be assessed against the permittee. On failure of permittee to comply, the Director of Public Works may make the repairs and bill the permittee for the cost of the work.

('86 Code, § 13.20.080) (Ord. 3002, passed - - ; Am. Ord. 3934, passed - - ; Am. Ord. 4403, passed 2-12-01)

In every case and at all times, the work of removing from the streets all obstructions, surplus materials, debris and waste matter of every description caused by and accumulated from the excavation shall be the responsibility of the permittee. At all times during cut, excavation, filling or backfilling operations dust, noise and nuisance abatement procedures shall be carried out. On failure so to do, the Director of Public Works may take such remedial action as deemed necessary, including revoking of permit, in which event any expense of such remedial action on the part of the city shall be charged to, and collected from the permittee.

('86 Code, § 13.20.090) (Ord. 3002, passed - - ; Am. Ord. 4403, passed 2-12-01) Penalty, see § 1.12.010

It shall be the duty of every person making any excavation or fill in any public street to maintain safe crossing for all vehicle traffic at all street intersections and safe crossing for pedestrians at intervals of not more than 300 feet. Crossings shall also be provided at all driveway entrances. If any such excavation or fill be made across any public street, at least one separated crossing each, not less than ten feet wide for vehicular traffic and four feet wide for pedestrian traffic, shall be maintained at all times. Free access shall be provided to all fire hydrants, water valves, subsurface vaults and similar structures. All materials excavated shall be laid compactly along the side of any trench excavation and shall be kept trimmed so as to cause a minimum of inconvenience to public traffic. The Director may require the removal of excavated material immediately upon excavation if conditions do not permit the storage of the material in the street.

('86 Code, § 13.20.100) (Ord. 3002, passed - - ) Penalty, see § 1.12.010

All gutters and watercourses shall be kept clear and unobstructed for at least one foot in width. When a gutter crosses an intersecting street, an adequate waterway shall be provided and maintained at all times.

('86 Code, § 13.20.110) (Ord. 3002, passed - - ) Penalty, see § 1.12.010

It shall also be the duty of every person making any excavation or fill in any public street to erect and maintain barriers, warning flags and signs at each end and at intermediate points of such excavation and fill and at such places as may be necessary as adjudged by the Director of Public Works along the excavation, fill, walkways, material stockpiles and vehicle or pedestrian ways to prevent accident, and also to place and maintain lights at each end of such excavations or fill and at distances of not more than 50 feet along the line thereof from sunset each day to sunrise of the next day, until such excavation or fill is entirely completed and temporary surfacing installed. In case of neglect or refusal of permittee to do so, the Director of Public Works shall have such necessary barriers and lights placed along the line of the excavation and fills. In such event the expense of such precautionary action shall be charged to, and collected from, permittee at the minimum rate of $25 for each lantern and for each barricade, flag or sign so erected by the city or used by the permittee.

('86 Code, § 13.20.120) (Ord. 3002, passed - - ) Penalty, see § 1.12.010

If the work is unsatisfactory or is not being prosecuted diligently in the opinion of the Director of Public Works, the permittee shall be notified in writing, and shall be required to conform within 24 hours after service of such notice. If such notice is not complied with, the Director of Public Works may cause the work to be completed, and the cost of the work to complete the excavation, fill or backfill shall be assessed against the permittee.

('86 Code, § 13.20.130) (Ord. 3002, passed - - ) Penalty, see § 1.12.010

The Director of Public Works may in his or her discretion, issue a blanket permit on an annual basis to public utilities performing work pursuant to this chapter. Each public utility to whom such a permit has been issued shall submit to the Director of Public Works within five days after the first day of each month such permit is in effect a written report covering work performed by the public utility during the preceding month. Such report shall contain sufficient informa-tion as may be required by the Director of Public Works to enable him to determine the amount of fees due to the city for the work performed under such permit. The Director of Public Works shall render a monthly statement of account to the public utility showing charges, and the public utility shall immediately make payment therefor.

('86 Code, § 13.20.140) (Ord. 3002, passed - - ; Am. Ord. 3934, passed - -; Am. Ord. 4403, passed 2-12-01 )

Permittee may appeal to the City Council for adjudication in cases where agreement as to costs of any work done or repairs made to any work cannot be reached. The decision of the City Council shall be final and conclusive as to such adjudication.

('86 Code, § 13.20.150) (Ord. 3002, passed - - )

No permit shall be issued to make any excavation or fill therein that will deviate or depart from the grades established by the Director of Public Works for the street, alley or public place.

('86 Code, § 13.20.160) (Ord. 3002, passed - - ) Penalty, see § 1.12.010

Any person performing any work in a public street shall keep a record of the permit for the work at the site of the work, available for inspection by any authorized person.

('86 Code, § 13.20.170) (Ord. 3002, passed - - ) Penalty, see § 1.12.010

While the need for occasional emergency excavations is recognized, the practice should be limited as much as possible in order to preserve the normal excavation permitting process.

(A) An emergency shall be deemed to exist if:

(1) There is a great public calamity, or a breakdown in machinery or an essential service that threatens the public health, welfare or safety, and that an immediate excavation is necessary to remove the threat to public health, welfare, or safety, or to repair that machinery or service; or

(2) The City Manager or his or her designee determines that a great public calamity, or a breakdown in machinery threatens the public health, welfare, or safety, or to repair that machinery or service.

(B) If an emergency is deemed to exist under division (A), any person lawfully maintaining the damaged or inoperative machinery or service in the public right-of-way may make the minimum emergency excavation necessary to remove the threat to public health, welfare, or safety, or to repair that machinery or service.

(C) The party making the excavation shall apply for the regular permit therefor within eight hours after the offices of the city are first opened subsequent to the making of the excavation, and shall obtain such permit as soon as practicable.

('86 Code, § 13.20.180) (Ord. 3002, passed - - ; Am. Ord. 4403, passed 2-12-01)

It is hereby made the duty of every person owning, using, controlling or having an interest in pipes, conduits, wire, cables, manholes, ducts or tunnels under the surface of any public street to file with the Director of Public Works a map or maps, scale not less than 100 feet to the inch, showing in detail the location, size, description and date of installation of all mains, laterals, services and accessory fittings, vaults, chambers, and similar structures installed beneath the surface of the streets. These maps shall be kept up to date at all times. Whenever any pipe, conduit, wire, cable, manholes, duct, tunnel or other subsurface structure is to be abandoned, the person concerned shall file with the Director of Public Works a statement giving details of such abandonment, and shall revise the maps on file with the city to show such abandonment.

('86 Code, § 13.20.190) (Ord. 3002, passed - - )

All pipes, conduit, ducts, wire, cables, man-holes, tunnels or other subsurface structures which are abandoned must be removed or filled with sand or earth as directed by the Director of Public Works, if they interfere with an installation of a public facility by a public body, regardless of time interval elapsed between abandonment and necessity of removal.

('86 Code, § 13.20.200) (Ord. 3002, passed - - ) Penalty, see § 1.12.010

None of the provisions of this chapter shall apply to any work done or to be done in or upon any public street by a city owned and operated utility, as part of any public work, as part of any public project, or pursuant to any contract for improvement authorized by the City Council.

('86 Code, § 13.20.210) (Ord. 3002, passed - - ; Am. Ord. 4403, passed 2-12-01)

The permittee shall not interfere with any existing utility without the written consent of the owner of the utility. If it becomes necessary to relocate an existing utility, this shall be done by its owner. No utility owned by the city shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the utility. The permittee shall support and protect by timbers or otherwise all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work, and do everything necessary to support, sustain and protect these installations under, over, along or across the work. In case any of the pipes, conduits, poles, wires or apparatus should be damaged, and for this purpose pipe coating or other encasement or devices are to be considered as part of a substructure, they shall be repaired by the agency or person owning them and the expense of such repairs shall be charged to the permittee, and his bond shall be liable therefor. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipe, sewer, gas pipe, electric conduit or other utility and his bond shall be liable therefor. The permittee shall inform himself as to the existence and location of all underground utilities and protect the same against damage.

('86 Code, § 13.20.220) (Ord. 3002, passed - - ) Penalty, see § 1.12.010

(A) The Director shall make all atlas maps submitted in accordance with § 13.20.190 available for inspection.

(B) To the extent feasible, the Director shall prepare a written notice listing the street resurfacing planned by the city at least six months in advance of that resurfacing. The Director shall make the notice available for public inspection. The Director shall send the notice of the planned resurfacing to all utilities that have current utility master plans on file.

(C) Prior to applying for an excavation permit, any person planning to excavate in the city's streets, alleys, sidewalks or other public places shall review the utility master plans, the city's paving plan, and the atlas maps on file with the Director and shall coordinate, to the extent practicable, with the utility and street work shown on such plans to minimize damage to, and avoid undue disruption and interference with the public use of such streets, alleys, sidewalks or other public places.

(D) Excavations in city streets disrupt and interfere with the public use of city streets and damage the pavement. The purpose of this section is to reduce this disruption, interference and damage by promoting better coordination among those making excavations in city streets and between these persons and the city. Better coordination will assist in minimizing the number of excavations being made wherever feasible, and will ensure that excavations in city streets are, to the maximum extent possible, performed before, rather than after, the resurfacing of the streets by the city.

(Ord. 4403, passed 2-12-01)

No provision of this chapter shall be construed to impose upon the permittee or any of the permittee's agents, servants or independent contractors, a greater or different duty of care to third persons than would otherwise be imposed by law in the absence of such provision.

('86 Code, § 13.20.230) (Ord. 3002, passed - - )

A person directly and adversely affected by a decision made by the Director pursuant to the provisions of this chapter may appeal the Director's decision by filing a written notice of appeal with the City Manager no later than ten working days after receiving notice of the Director's decision. The notice of appeal shall set forth the name, mailing address and telephone number of the person appealing. The notice of appeal shall include or attach a statement describing the action being appealed, setting forth the grounds for the appeal, and describing the action requested of the City Manager. The scope of the appeal shall be limited to the grounds specified in the notice of appeal. No later than 30 days after the filing of a timely notice of appeal, the City Manager shall render a decision on the appeal. The City Manager's decision may affirm, reverse or modify the decision appealed. A copy of the City Manager's decision shall be provided to the person appealing at the address shown on the notice of appeal. Said person may appeal the City Manager's decision to the City Council by filing a written notice of appeal no later than ten working days after the City Manager's decision is received by the person, in accordance with the procedures in § 5.82.050 of this code.

(Ord. 4403, passed 2-12-01)