Banning Municipal Code Ch. 12.12 Street Excavations

The ordinance codified in this chapter shall be known and may be cited as the "Street Excavation Ordinance" of the City of Banning.

(Code 1965, § 20A-1.)

For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

"Administrative authority" shall mean the city engineer or his designated representatives.

"City department" shall mean the street, water, wastewater and electric departments of the City of Banning.

"Excavation" shall mean any opening in the surface of a public place made in any manner whatsoever, except an opening into a lawful structure below the surface of a public place, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the public place.

"Facility" shall mean pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire tower, pole, pole line, anchor, cable, junction box transformer or any other material, structure, or object of any kind or character, whether enumerated herein or not, which is or may be lawfully constructed, left, placed, or maintained in, upon, along, across, under or over any public place.

"Person" shall mean any person, firm, partnership, association, corporation, company or organizations of any kind.

"Public place" shall mean any public street, avenue, way, place, alley, sidewalk, parkway, or any other similar public property controlled by the administrative authority and dedicated to public use.

"Substructure" shall mean any pipe, conduit, duct, tunnel, manhole, vault, buried cable, or wire, or any other similar structure located below the surface of any public place.

"Utility" shall mean a private company and/or corporation engaged in providing a service to the general public.

(Code 1965, § 20A-2.)

A. Excavation Permit.

1. No person or utility shall make any excavation or fill any excavation in any public place without first obtaining a permit to do so from the administrative authority except as otherwise provided in this chapter. No permit to make an excavation or fill an excavation in a public place shall be issued except as provided in this chapter.

2. In case of emergency, the person or utility may perform excavation work prior to obtaining a permit, provided that the person or utility making such excavation shall apply to the administrative authority for such a permit on the first working day after such work is commenced.

3. City departments shall first obtain from the administrative authority a permit for scheduled projects prior to making any street excavation. For unscheduled excavation work, city departments shall notify the administrative authority prior to the backfilling of any excavation.

B. Annual Excavation Permit. The administrative authority may issue an annual blanket permit for the purpose of placing, replacing or repairing any facility within a public place where the opening or excavation does not exceed six feet in width with six feet in length and other miscellaneous excavations approved by the administrative authority to the following:

1. A public utility regulated by the public utilities commission of the state of California.

2. A person holding a franchise from the city.

3. The water, sewer, electric and street departments of the city.

(Code 1965, § 20A-3.)

No excavation permit shall be issued unless a written application is submitted to the administrative authority. The written application shall state name and address and principal place of business of the applicant, the authority of applicant to occupy the public place for which the permit is sought, the location and dimensions of the installation or removal and the approximate size of the excavation to be made, the purpose of the facility and the approximate time which will be required to complete such work, including backfilling said excavation and removing all obstruction, material and debris. Construction drawings necessary to clarify the nature and the limit of construction shall also be submitted along with the application for an excavation permit. The application, when approved and signed by the administrative authority, shall constitute a permit. The permit will be good for six months from the time of issuance. A permit fee shall be charged for the enforcement of the provisions of this chapter. The fee to be charged shall be established by resolution.

(Code 1965, § 20A-4.)

All permittees shall indemnify and hold the city and its employees harmless from and against any and all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the work covered by the excavation permit, caused in whole or in part by any negligent or wilful act or omission of the contractor, or subcontractor, or anyone directly or indirectly employed by any of them.

(Code 1965, § 20A-5.)

A. Individual Project Deposits. The application for an excavation permit to perform excavation work for a specific project under this chapter shall be accompanied with a cash deposit, made to the administrative authority for deposit with the administrative authority in accordance with the rate schedule adopted by resolution.

B. Annual Deposits. Any person intending to make openings, cuts or excavations in public places may make and maintain with the administrative authority an annual deposit in the sum set forth by resolution, and the person so depositing shall not be required to make the special deposits provided in this section but shall, however, be required to comply with all other applicable provisions of this chapter. The amount of annual deposit shall be established by resolution.

C. Purpose. Any individual project deposit or annual deposit made hereunder shall serve as security for the repair and performance of work necessary to put the public place in as good a condition as it was prior to the excavation if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and the excavation work under the excavation permit. Such deposits may also be used to defray the cost of any soil test which fails to meet the minimum compaction requirement.

D. Refund of Individual Project Deposits. Upon the permittee's completion of the work covered by such permit in conformity with this chapter as determined by the administrative authority, such individual project deposit shall be refunded by the city to the permittee within thirty days after the request.

E. Refund of Annual Deposits. Upon the permittee's request, any annual deposit shall be refunded by the city at the end of the one-year period for which the deposit is made or the satisfactory completion of all excavation work undertaken during such period, whichever is later.

F. Use of Deposits. The administrative authority may use any or all of such deposits to defray the cost of any soil testing which fails to meet the minimum criteria for compaction and to pay the cost of any work the administrative authority performs to restore or maintain the public place as herein provided in the event the permittee fails to perform such work, in which event the amount refunded to the permittee shall be reduced by the amount thus expended by the administrative authority.

G. Public Utility Companies. Where excavations are made by public utility companies operating under a franchise issued by the city or under the supervision of the public utilities commission of the state of California, a permit may be granted without making such cash deposit. In such cases, the public utility companies shall be liable for the actual cost of any work required by the administrative authority to restore the area covered by each excavation permit to as good condition as the area was in before any work was done. Further provided, however, that the administrative authority may, in the future, require a cash deposit from any such utility if a bill rendered in accordance with this section remains unpaid thirty days after date of billing.

H. Public Works Projects. Where excavations are made by city water, sewer, electric or street departments or their contractors in contract with the city for a public works project, a permit will be granted without making such cash deposit. In such case, the city departments or their contractors shall restore the area covered by such excavations to as good condition as the same was in before such work was done.

(Code 1965, § 20A-6.)

A. It shall be the duty of every person or utility cutting or making an excavation in or upon any public place, to place and maintain barriers and warning devices necessary for the safety of the general public.

B. Barriers, warning signs, lights, etc., shall conform to the requirements of the administrative authority. Warning lights shall be electrical flashers used to indicate a hazard to traffic from sunset of each day to sunrise of the next day.

C. Electrical flashers shall emit light at sufficient intensity and frequency to be visible at a reasonable distance for safety. Reflectors or reflecting material may be used to supplement, but not to replace light sources. Other types of warning lights may be used upon approval of the administrative authority.

D. The permittee shall take appropriate measures to assure that during the performance of the excavation work, traffic conditions as near normal as possible shall be maintained at all times so as to minimize inconvenience to the occupants of the adjoining property and to the general public.

E. When traffic conditions permit, the administrative authority may, by written approval, permit the closing of streets and alleys to all traffic for a period of time prescribed by him, if in his opinion it is necessary. The written approval of the administrative authority may require that the permittee give notification to various public agencies and to the general public. A listing of the various agencies will be provided by the administrative authority. In such cases, such written approval shall not be valid until such notice is given.

F. Warning signs shall be placed far enough in advance of the construction operation to alert traffic within a public street and cones or other approved devices which conform to the standards of "Work Area Traffic Control Handbook," latest edition, published by the City of Los Angeles shall be placed to channel traffic, in accordance with the instructions of the administrative authority.

(Code 1965, § 20A-7.)

The excavation work shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, water gates, underground vaults, valve housing structures, and all other vital equipment as designated by the administrative authority.

(Code 1965, § 20A-8.)

The permittee shall maintain safe crossing for two lanes of vehicle traffic at all streets where possible and safe crossings for pedestrians at intervals of not more than three hundred feet. If only one lane of vehicle traffic is possible, flagmen with proper traffic control devices shall be provided to direct traffic through the one lane portion of the travel way. If any excavation is made across any public street, alley or sidewalk, adequate crossings shall be maintained for vehicles and for pedestrians. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, a passageway at least one-half of the sidewalk width shall be maintained along such sidewalk line. If any excavation is made at a location where traffic volume is high, and cannot be backfilled and resurfaced by the end of a working day, steel plates shall be used to cover the excavation in accordance with the instructions of the administrative authority.

(Code 1965, § 20A-9.)

The permittee shall not interfere with any existing facility without the written consent of the administrative authority and the owner of the facility. If it becomes necessary to relocate an existing facility this shall be done by its owner at permittee's expense. No facility 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 facilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the facility. 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 them under, over, along or across said work. The permittee shall secure approval of method of support and protection from the owner of the facility. In case any of said 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, the permittee shall promptly notify the owner thereof. All damaged facilities shall be repaired by the agency or person owning them and the expense of such repairs shall be charged to the permittee. It is the intent of this section that the permittee shall assume all liability for damage to facilities and any resulting damage or injury to anyone because of such facility damage and such assumption of liability is a contractual obligation of the permittee. The only exception will be such instances where damage is exclusively due to the negligence of the owning utility. The city shall not be made a party to any action because of this section. The permittee shall inform itself as to the existence and location of all underground facilities and protect the same against damage.

(Code 1965, § 20A-10.)

Whenever the use of a substructure is abandoned, except the abandonment of service lines designed to serve single properties, the person owning, using, controlling, or having an interest therein, shall within thirty days after such abandonment file with the administrative authority a statement in writing giving in detail the location of the substructure so abandoned. If such abandoned substructure is in the way, or subsequently becomes in the way, of an installation of the city or any other public body, which installation is pursuant to a governmental function, the owner shall remove such abandoned substructure or pay the cost of its removal during the course of excavation for construction of the facility by the city or any other public body.

(Code 1965, § 20A-11.)

The permittee shall at all times and at his or its own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where in the protection of such property it is necessary to enter upon private property for the purpose of taking appropriate protecting measures, the permittee shall obtain permission from the owner of such private property for such purpose and if he cannot obtain permission from such owner, the administrative authority may authorize him to enter the private premises solely for making the property safe. The permittee shall, at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from its failure to properly protect and carry out said work. Wherever it may be necessary for the permittee to trench through any lawn area said area shall be reseeded or the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required in this ordinance. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas without first obtaining the consent of the appropriate city department or city official having control of such property.

(Code 1965, § 20A-12.)

A. All material excavated from trenches and piled adjacent to the trench or in any street shall be piled, and maintained in such manner as not to endanger those working in the trench, pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be in the case in a narrow alley, the administrative authority shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites.

B. All trench and tunnel excavations and construction shall conform with the safety requirements for shoring, bracing and ladders in trenches in accordance with state of California trench and tunnel construction safety orders, as they now or may hereafter exist.

C. All material excavated shall be laid compactly along the side of the trench and kept trimmed so as to cause as little inconvenience as reasonably possible to vehicular and pedestrian traffic, or as specified by the administrative authority. Whenever necessary, in order to expedite the flow of traffic or to abate the dirt or dust nuisance, toe boards or bins may be required by the administrative authority to prevent the spreading of dirt into traffic lanes.

(Code 1965, § 20A-13.)

As the excavation work progresses, all streets shall be thoroughly cleared of all rubbish, excess earth, rock and other debris resulting from such work. All clean up operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the administrative authority. From time to time, as may be ordered by the administrative authority and in any event immediately after completion of said work, the permittee shall, at his or its own expense, clean up and remove all refuse and unused materials of any kind resulting from said work, and upon failure to do so within twenty-four hours after having been notified to do so by the administrative authority, said work may be done by the administrative authority and the cost thereof charged off to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond provided hereunder.

(Code 1965, § 20A-14.)

A. The permittee shall maintain gutters free and unobstructed the full depth of the adjacent curb and for at least one foot width from the face of such curb at the gutter line. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and at all times maintained.

B. The permittee shall make provisions to take care of all surplus water, muck, slickings, or other run-off pumped from excavations or resulting from slushing or other operations and shall be responsible for any damage resulting from its failure to provide.

(Code 1965, § 20A-15.)

A. All cuts and excavations shall be made by a concrete or asphalt saw, or pneumatic spade, which makes a straight, even surface cut. Truck-mounted pavement breakers, or backhoes, shall not be used except with express permission of the administrative authority.

B. Cutting through pavement shall be no less than one inch in depth; however, depths greater than one inch may be required by the administrative authority when circumstances warrant. Saw-cutting may be required by the administrative authority outside of the limits of the excavation over cave-outs, overbreaks and small floating sections.

C. Approved cutting of bituminous pavement surface ahead of excavations may be required by administrative authority to confine pavement damage to the limits of the trench.

D. Sections of sidewalks shall be removed to the nearest score line or joint. In no case shall the section to be removed measure less than five feet in length.

E. Unstable pavement shall be removed over cave-outs and overbreaks and the subgrade shall be treated as the main trench.

F. Pavement edges shall be trimmed to a vertical face and neatly aligned with the centerline of the trench.

G. Cutouts outside of the trench lines must be normal or parallel to the trenchline.

H. Boring or other methods to prevent cutting of new pavement may be required by the administrative authority.

I. Permittee shall not be required to repair pavement damage existing prior to excavations unless his cut results in small floating sections that may be unstable, in which case permittee shall remove and pave the area.

(Code 1965, § 20A-16.)

No person shall, without written permission of the administrative authority, install any substructure, except manholes, vaults, valve casings, culverts, and catch basins at a vertical distance less than:

A. Street.

1. Thirty inches below the established flowline of the nearest gutter.

2. If said flowline is not established, then the depth shall be at a minimum of thirty inches below the surface of the nearest outermost edge of the traveled portion of the street.

B. Parkway.

1. The minimum depth of any substructure shall be sixteen inches below established gutter grade when said substructure parallels the parkway.

2. The minimum depth of any substructure shall be twelve inches below the top of the established sidewalk or curb when such substructure is at right angles to the parkway.

C. Other Public Places.

1. The minimum depth of any substructure in any other public places shall be twelve inches below the surface; provided, however, that the administrative authority may permit a lesser depth in special cases.

Nothing in this section shall impose a duty upon the permittee to maintain said specifications as required herein upon subsequent changes of grade in the surface unless the grade in said substructure interferes with the maintenance of, or travel on, a public street.

(Code 1965, § 20A-17.)

A. Backfill.

1. Clean imported material of sand equivalent thirty or better shall be thoroughly compacted around and under the substructure to one foot above the upper level of such substructure. Backfill material shall then be placed to the sub-grade of the pavement in lifts and compacted to the degree of consolidation specified by the administrative authority.

2. Mechanically compacted backfill of either native or imported material shall conform to the provisions of "Standard Specifications for Public Works Construction," latest edition, published by Building News, Inc.

3. Water densified backfill, if authorized, shall be imported clean sand of sand equivalent thirty or better free from organic material, trash, debris, broken portland cement concrete, bituminous materials or other objectionable substances.

B. Method of Compaction.

1. Backfill material shall be compacted mechanically by means of tamping rollers, sheepsfoot rollers, pneumatic tire roller, vibrating rollers, or other mechanical tampers. All such equipment shall be of a size and type approved by the administrative authority at the time of permit issuance.

2. Mechanically compacted backfill shall be placed in lifts which, prior to compaction shall not exceed the thickness specified for the various types of equipment described in "Standard Specification for Public Works Construction."

3. Backfill material may be densified by water by means of jetting.

C. Compaction Test.

1. Backfill shall be densified to the minimum relative compaction as specified in "Standard Specifications for Public Works Constructions" prior to the street resurfacing over the excavation area. Upon request from the administrative authority, soil tests performed by a recognized soil test laboratory or registered professional engineer specializing in soil mechanics which show that each lift for any excavation is adequately compacted, shall be provided by the permittee to the administrative authority prior to any street resurfacing operation. The location and distance interval of soil testing shall be specified by the administrative authority.

2. When the permittee is a public utility company regulated by the public utilities commission of the State of California, or by a person holding a franchise from the city, or its contractors, all expense of such compaction tests shall be borne by the permittee or its contractors.

3. When the permittee is a contractor performing work for a person other than a public utility company or one holding a franchise from the city, and if the compaction tests fail to meet the minimum standards specified by the administrative authority, all expense of such tests shall be borne by the permittee. If the tests meet the minimum standards, all expense of the tests shall be borne by the city.

4. When the permittee is a contractor performing work for the city in a public works project the expense of compaction tests shall be borne by either the contractor or the city depending on the terms of the contract document between the city and its contractor.

(Code 1965, § 20A-18.)

A. All works needed to restore the street surface to a condition as good as it was before the excavation shall be done by the permittee. The work shall include, but not be limited to the restoration of all A.C. pavement and base, pavement striping and markings, reflective pavement markers and cross-gutters, etc. Temporary cold mix asphalt concrete surface with a thickness of two inches must be placed on the backfilled trench immediately at street intersection or driveway entrances or wherever required by the administrative authority. At other locations, a one inch temporary cold mix must be placed within three days of the excavation.

B. All temporary paving shall conform closely enough to the level of the adjoining paving surface and shall be compacted so that it is hard enough and smooth enough to be safe for pedestrian travel, as well as for vehicular traffic to pass safely over it at a legal rate of speed. The permittee shall maintain temporary paving for a period of time not exceeding that required by the administrative authority, after which all backfilling shall be completed, unless additional time is requested and granted by the administrative authority. Said temporary resurfacing shall be kept and maintained in a safe condition for pedestrian and vehicular traffic until the excavation has been resurfaced with permanent paving, by the permittee, except that if it is not possible to maintain the surface of the temporary paving in a safe condition, then the permittee shall maintain barriers and lights where required herein.

C. The placement of permanent hot mix A.C. shall be completed within the timeframe as provided on the permit at the time of issuance.

(Code 1965, § 20A-19.)

The maximum length of open trench permissible at any time shall be in accordance with existing ordinance or regulations or as may be specified by the administrative authority and no greater length shall be open for pavement removal, excavation, construction, backfilling, patching and all other operations without the written permission of the administrative authority.

(Code 1965, § 20A-20.)

After an excavation is commenced the permittee shall prosecute with diligence and expedition work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, so as not to obstruct the public place or travel thereon more than is reasonably necessary.

(Code 1965, § 20A-21.)

When traffic conditions, the safety or convenience of the traveling public or the public interest require that the excavation work be performed as emergency work the administrative authority shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee twenty-four hours a day to the end that such excavation work may be completed as soon as possible.

(Code 1965, § 20A-22.)

Nothing in this chapter shall be construed to prevent the making of such excavations as may be necessary for the preservation of life or property or for the location of trouble in conduit or pipe, or for making emergency repairs, provided that the person or utility making such excavation shall apply to the administrative authority for such a permit on the first working day after such work is commenced.

(Code 1965, § 20A-23.)

Each permittee shall conduct and carry out excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work noise, dust and unsightly debris and between the hours of seven p.m. and seven a.m. shall not use, except with the express written permission of the administrative authority or in case of an emergency as herein otherwise provided, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.

(Code 1965, § 20A-24.)

Any monument set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point, or a permanent survey benchmark within the city, shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the administrative authority to do so. Permission to remove or disturb such monuments, reference points or benchmarks shall only be granted upon condition that the person applying for such permission shall pay all expenses incident to the proper replacement of this monument by the administrative authority, or shall submit evidence that proper replacement of this monument will be done, at his expense, by a licensed land surveyor or registered civil engineer including filing of corner records with the county surveyor's office as required by the Land Surveyor's Act.

(Code 1965, § 20A-25.)

The administrative authority shall make such inspections as are reasonably necessary in the enforcement of this chapter. The administrative authority shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this chapter.

(Code 1965, § 20A-26.)

Every person owning, using, controlling or having an interest in substructures, under the surface of any public place used for the purpose of supplying or conveying gas, electricity, communication impulse, water, sewage, steam, ammonia or oil in the city, shall file with the administrative authority within one hundred twenty days after the adoption of this chapter a map or set of maps each drawn to a scale of not less than one inch to two hundred feet scale showing in detail the plan location, size and kind of installation, if known, of all substructures, except service lines designed to serve single properties beneath the surface of the public place belonging to, used by, or under the control of such person having any interest, and shall file with the administrative authority annually at a time specified by the administrative authority, a corrected map or set of maps each drawn to said scale including all installations made during the previous year to and including the last day of such year; provided, however, that a public utility owner may at its option provide corrected atlas sheets at more frequent intervals.

(Code 1965, § 20A-27.)

The ordinance codified in this chapter shall not be construed as imposing upon the city or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued hereunder, to have assumed any such liability or responsibility by reason of the issuance of any permit or the approval of any excavation work.

(Code 1965, § 20A-28.)

Violation of the ordinance codified in this chapter is a misdemeanor. Every person is guilty of a misdemeanor who wilfully violates any provision of this chapter or fails or neglects to comply with any requirements of this chapter. Such person is guilty of a separate offense for each and every day during any part of which any such violation or noncompliance occurs and is punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

(Code 1965, § 20A-29.)