Belvedere Municipal Code Ch. 13.04 Encroachments

Sections:

• 13.04.010 Definitions.

• 13.04.020 Permit—Required—Exceptions—Conditions for granting—Emergency repairs. 13.04.030 Bond.

• 13.04.040 Permit—Fee and other charges required.

• 13.04.050 Permit—Construction schedule and street closure information required when. 13.04.060 Safety measures.

• 13.04.065 Excavations in public property.

• 13.04.070 Supervision of work—Replacing defective work. 13.04.080 Inspection and certification—Repair by City authorized when.

“Encroach” or “encroachment” means going over, upon or under or using any right-of-way or watercourse in such a manner as to prevent, alter or interfere with its normal use, and includes without limiting the generality of the foregoing, the performance thereon of any of the following acts:

• A. Excavating, filling or disturbing the right-of-way or watercourse;

• B. Erecting or maintaining a flag, banner, decoration, post, sign, pole, fence, guardrail, wall, loading , platform, mailbox, pipe, conduit, wire, or other structure on, over or under a right-of-way or watercourse;

• C. Planting any tree, shrub, grass or other growing thing or removing, cutting or trimming any tree within a rightof-way or watercourse;

D. Placing or leaving on a right-of-way or watercourse any rubbish, brush, earth or other material of any nature whatsoever;

E. Constructing, placing or maintaining on, over, under or within a right-of-way any pathway, sidewalk, driveway, curb, gutter, paving or other surface or subsurface drainage structure or facility, or any pipe, conduit, wire or cable;

F. Traveling on the right-of-way, without a permit, by any vehicle or combination of vehicles or objects of dimension, weight or other characteristic prohibited by law;

• G. Closing or blocking any street or public right-of-way;

H. Constructing, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to a right-of-way or watercourse which causes or is likely to cause an encroachment. (Ord. 75-3 § 1, 1975; Ord. 105 § 1, 1909; prior code § 19-2.)

A. No person shall encroach or make an encroachment upon any public right-of-way or any watercourse without first obtaining a permit, in writing, from the City Council, or the City Manager-Police Administrator if such matter has been delegated to him.

B. No permit shall be required of officers or employees of the City acting in the discharge of their official duties, or of any person acting pursuant to a contract with the City.

C. Nothing in this Section shall prevent any person from maintaining any pipe or conduit lawfully on or under any public street, or from making excavation as may be necessary for the preservation of life or property or the restoration of public utility service when urgent necessity therefor arises during hours the offices of the City Manager-Police Administrator are closed. Any person making such emergency repair shall apply for a permit within the calendar day after the City Manager-Police Administrator’s office is again open. Any person requiring emergency use or encroachment shall notify the Belvedere police department during the hours that the City Manager-Police Administrator’s office is closed.

D. No permit shall be granted unless it has been determined that the approval will not, under the particular circumstances, be detrimental to the public health, safety, and general welfare of the persons residing or working in the neighborhood, and will not be injurious or detrimental to the property and improvements in the neighborhood, or to the general welfare of the City. (Ord. 76-6 § 1, 1976; Ord. 76-3 § 1, 1976; Ord. 75-3 § 1, 1975; Ord. 105 § 2, 1909; prior code § 19-3.)

When required by the City Manager-Police Administrator, the person doing work upon the streets or sidewalks shall file with the City Clerk a good and sufficient bond with at least two sureties, or a surety company bond, to be approved by the City Manager-Police Administrator and made payable to the City, for such sum as the City Manager-Police Administrator may direct, conditioned upon the faithful performance of the work. (Ord. 76-3 § 1, 1976; Ord. 75-3 § 1, 1975; Ord. 105 § 5, 1909; prior code § 19-5.)

The City Council shall set by resolution a schedule of fees for processing the various applications required by this Title. All required fees shall be paid at the time of filing, and no processing shall commence until the fee is paid. (Ord. 92-1 § 1, 1992; Ord. 75-3 § 1, 1975; Ord. 105 § 4, 1909; prior code § 19-4.)

A. Prior to the issuance of an encroachment permit that would allow the closure or blocking of a street or public right-of-way for construction purposes, the applicant shall submit an estimated construction schedule for the entire construction project for any portion of which the encroachment is requested, and shall state the approximate total numbers of closures requested, and the approximate dates and times for each such closure.

B. The City Manager-Police Administrator may, if he in his sole discretion deems it advisable, refer any application filed under this Chapter to the Planning Commission for action. In such event, the commission shall act upon the application at its next meeting which is at least five days after the filing of the application.

C. The City Manager-Police Administrator may impose such reasonable conditions, including, but not limited to, regulating the number and timing of street closures, which he in his discretion deems necessary or appropriate in order to comply with the standards set forth in this Chapter.

• D. The permittee shall provide the following notice:

  1. Notify the Belvedere police department at least twenty-four hours in advance of closure;

  2. Advise the Tiburon Fire Protection District at least twenty-four hours in advance of closure of the date, hours, and location of closure;

3. Post appropriate signs at all affected intersections at least twenty-four hours in advance of closure to inform affected commuters of time and location of upcoming closure;

4. In the event road closure prevents all access to any property owner, the permittee will notice the affected property owner at least twenty-four hours in advance of closure by mail or by personal contact advising them of the date and hours of closure. (Ord. 83-2, 1983; Ord. 76-6 § 2, 1976; Ord. 76-3 § 1, 1976; prior code § 19-9.)

It shall be the responsibility of the permittee to place and maintain all barriers and warning devices necessary for the safety of the general public. The permittee shall take appropriate measures to assure that during the performance of any excavation work traffic conditions as near normal as possible shall be maintained and so as to minimize inconvenience to the occupants of adjoining property and to the general public. (Ord. 75-3 § 1, 1975; prior code § 19-8.)

• A. Public Convenience and Safety.

  1. The permittee shall keep a copy of the encroachment permit at the worksite while work is in progress and shall, on demand, exhibit the same to any City representative requesting to see it.

2. All work shall be performed in a neat and workmanlike manner and so programmed as to cause a minimum of interference with pedestrian and vehicular traffic. Reasonable access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the worksite at all times.

3. No work shall commence until all necessary warning signs and barricades are installed at the work site.

4. Safe and adequate pedestrian and vehicular access shall be provided and maintained to residential, commercial and industrial establishments, churches, and establishments of similar nature.

5. During the performance of the work, the permittee shall provide and maintain fences, barricades, warning and directional signs, flares, red lights, watchers and flaggers to ensure full and complete safety to the general pubic in accordance with existing laws and regulations and as may be deemed necessary by the City.

6. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction prevents such access for reasonable lengths of time. If the backfill has been completed to such an extent that safe access may be provided, and the street is opened to local traffic, the permittee shall immediately clear the street and driveways to provide access.

7. The work shall be diligently and continuously prosecuted until completion. All work shall be completed within the time specified in the encroachment permit. Any extension of time, which must be based upon good cause, must be approved by the City.

8. Upon failure of the permittee to maintain the worksite in a safe and workmanlike manner, the City shall have the right, upon due notice to the permittee, whenever possible, to perform emergency measures to ensure public health and safety.

9. Free and unobstructed access shall be provided to all mail boxes, fire hydrants, water gates, valves, manholes and other public service structures and property as may be required for emergency use.

10. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossing of the worksite at intervals not exceeding three hundred feet, shall be maintained unless otherwise authorized by the City.

11. All gutters, drains, conduits, culverts, catch basins and stormwater facilities shall be kept open so as to permit the free and unobstructed flow of water at all times. The permittee shall conform with all provisions of Chapter 8.36 which prohibits the depositing of nonstormwater discharges into the City roadway or storm sewer system.

12. Public service structures such as, but not limited to, street signs, mail boxes and bus benches shall not be removed or relocated by the permittee without written approval from the agency charged with their maintenance.

Stop signs and street directional signs are not to be removed or relocated by the permittee. When necessary to facilitate the work, the permittee shall request the City to coordinate their removal or relocation by City forces. The permittee will not be charged for this work.

13. When the proposed work will block a bus stop or require the relocation of a bus route, the permittee shall notify and obtain approval from the engineer and transportation superintendent of the affected public transit agency at least seventy-two hours prior to the start of work.

14. It shall be the duty of the permittee excavating or otherwise obstructing the public sidewalk, to erect a minimum five-foot-wide walkway outside of the curbline along such excavation or obstruction during the time as the sidewalk may remain impassable. Where applicable, a substantial railing approved by the City shall be provided on each side of the walkway to protect pedestrians.

15. At locations approved by the City, and for the necessary prosecution of work, the permittee may place approved signs prohibiting parking and stopping. Such signs shall be placed, moved or removed upon approval of the City.

16. The permittee shall cooperate with the various agencies involved with the delivery of mail and the collection and removal of trash to assure maintenance of schedules for these services.

17. Unless otherwise authorized, work shall be performed in one vehicle lane at a time. The remainder of the roadway shall remain open and unobstructed for vehicle use.

18. The permittee shall not disturb or remove any monument of concrete or other lasting material set for the purpose of locating or preserving the public right-of-way or a precise reference point without first obtaining permission to do so in writing from the City.

19. The excavation work shall be coordinated with other agencies or concerns working in the area in order to cause a minimum of interference to pedestrian and vehicular traffic.

20. When work conditions necessitate the closure of any public street in order to facilitate the permittee’s operations, the permittee shall first secure approval in advance and in writing from the City, in the form of a road closure permit. The permittee shall submit, for approval, three sets of drawings for each proposed detour of vehicular and pedestrian traffic at least three calendar days prior to the implementation of the proposed street closure.

21. Upon approval of the City granting the permittee permission to close the public street to facilitate excavation operations, the permittee shall comply with all State, County and City requirements governing street closures. The permittee shall provide approved barriers, guards, lights, signs, temporary bridges, flagmen, and watchmen advising the public of detours and construction hazards. The permittee shall be responsible for compliance with additional public safety requirements that may arise during construction operations. The permittee shall provide and maintain access for emergency vehicles and personnel at all times. Upon completion of the work the permittee shall immediately remove all signs and warning devices installed by his forces.

22. Upon approval of the agency to detour vehicular traffic, the permittee shall, at the direction of the City, remove existing pavement markings and striping. Temporary traffic striping, pavement markings and signs approved by the City shall be furnished and placed by the permittee at no expense to the City. Upon completion of the work, the permittee shall immediately remove all temporary detour markings and reinstall permanent striping and pavement markings, removed as a result of his operations, with approved materials authorized by the City.

Restoration of permanent pavement striping and marking shall conform to the following:

23. The permittee shall properly maintain all City signs within the limits of the worksite and shall not remove any signs without prior approval of the City. Any City signs authorized for removal shall be properly stored and reinstalled prior to the completion of the work.

24. The permittee shall not be permitted to store or stockpile equipment, materials, and debris on public streets without authorization by the City.

• B. Moratorium Streets.

1. A moratorium street shall be defined as any street, or portion thereof, which has been overlaid with at least one inch of asphaltic concrete any time during the five years prior to the request to excavate, or overlaid with a slurry seal during the past two years prior to the request to excavate.

2. In addition to the specifications set forth in this Section, the permittee shall be required to pay the City a slurry seal in-lieu fee to cover the cost of a full roadway width slurry seal on that portion of the roadway affected by the permittee’s excavation activities. City Council resolution shall set this fee. This money will be utilized by the City to augment its scheduled slurry seal maintenance effort throughout the City as directed by the City Council.

   3. The slurry seal fee shall be required of all excavation permittees, regardless of size of excavation anti regardless of whether the excavation is made on an emergency basis or as a planned project.

   4. The City reserves the right to specify any conditions, in addition to those enumerated in this Section, to ensure that the outcome of any excavation is safe, structurally sound, and aesthetically pleasing.

• C. Excavation and Bedding.

  1. At least two working days in advance of the start of excavation operations the permittee shall call Underground Service Alert to have subsurface facilities marked.

  2. Excavation for conduit shall be performed by open trench operation. Tunneling or jacking of conduit will not be permitted unless specifically authorized by the City.

  3. The rockwheel concrete cutter method of trench excavation will not be permitted unless specifically authorized by the City.

4. Minimum cover of underground plant shall be thirty-six inches in the public street and twenty-four inches in the public sidewalk area, unless otherwise authorized by the City.

5. a. Prior to the start of excavation operations, the pavement shall be cut with a mobile grinding machine to the full depth of existing pavement.

b. If saw-cutting of the existing pavement is authorized by the City, in very specific instances, the cutting shall be performed in neat, straight lines. All saw-cut lines shall be parallel to or perpendicular to the curbline or edge of pavement as much as possible. All sawcut corners shall be clean angles and shall not be overcut into unexcavated pavement. All such overcuts by the pavement saw shall be corrected as directed by the City. The permittee shall not allow silt-laden water, generated from saw-cutting operations, to flow into the public storm system or be deposited onto the public right-of-way. The permittee shall be responsible for removing silt material from the job site.

6. The use of a mobile, power-driven pavement breaker will not be permitted unless specifically authorized by the City.

7. Trench excavations falling within three feet of a construction joint, cold joint, expansion joint or edge shall require the permittee to remove the existing paving material between the edge of the excavation and said construction joint, cold joint, expansion joint or edge. Concrete sidewalk and/or driveway shall be removed to the nearest scoremark.

8. Prior to commencing the excavation of a trench five feet in depth or greater, where applicable, the permittee or permittee’s contractor shall first obtain a permit to do so from the Division of Industrial Safety.

9. Except by permission of the City, the maximum length of open trench at any one time shall be one hundred fifty linear feet, unless otherwise authorized by the City.

10. Excavated material shall be promptly removed from the work site. Excavated material shall not be stored in any public street or thoroughfare unless authorized by the City prior to the start of work.

11. The encroachment permit to excavate does not authorize tree trimming or tree removal. The City will coordinate all necessary tree trimming or tree removal with appropriate professional contractors.

12. Street tree roots two inches in diameter or greater shall not be cut by the permittee. Excavated material shall be removed from the root system so as to avoid damage thereto. Roots shall be protected with burlap wrapping while exposed.

13. Open trenches will not be permitted during nonworking hours unless specifically authorized by the City. If at the end of the workday, backfilling operations have not been completed, steel bridging shall be placed over the trench so as to make the entire roadway accessible to vehicular traffic. Steel plating used to bridge a street opening shall be ramped to the elevation of the adjacent pavement surface and secured against movement in any direction. Ramps shall be constructed of temporary cold asphaltic concrete and shall have a minimum slope of 1:12.

14. The placement of trench bedding material supporting the pipe or conduit shall conform to Caltrans Standard Specifications, 1988, unless otherwise authorized by the City.

• D. Backfill and Densification.

  1. Trenches shall be backfilled with controlled density fill (CDF), unless specifically authorized otherwise by the City.

2. If authorized by the City in very specific instances for small excavations, aggregate backfill shall be placed in lifts not to exceed eight inches and mechanically compacted, as specified by Caltrans Standard Specifications, 1988.

3. Street pavement undermined by the permittee’s operations shall be removed to permit adequate compaction of backfill material.

4. Compaction Requirements. Backfill shall be densified to the following minimum relative compaction:

   • a. Ninety percent relative compaction:

     • i. Between the bottom of excavation and the upper three feet, measured from the pavement surface,

     • ii. Outside the traveled way,

     • iii. Under sidewalks;

   • b. Ninety-five percent relative compaction:

     • i. In the upper three feet, measured from the pavement surface, within the traveled way.

5. Relative compaction shall be determined by California Test Number 216 (Nuclear Gauge) or approved equal.

6. Tests for relative compaction may be performed by the City or its designee. The cost of this work shall be charged to the permittee under the terms of the encroachment permit.

The permittee may arrange tests for relative compaction of backfill material when ordered by the City provided relative compaction tests are performed by a qualified materials testing laboratory and test results are submitted to the City forty-eight hours in advance of permanent paving operation.

7. Unless permanent paving is effected immediately upon completion of trench backfill operations, the permittee shall place temporary bituminous resurfacing two inches in thickness over the backfill material. At major intersections and other critical locations a greater thickness may be ordered by the City. In sidewalk areas, the temporary bituminous resurfacing shall be a minimum of one inch in thickness. Temporary bituminous resurfacing shall conform to Caltrans Standard Specifications, 1988, and commonly accepted construction standards. The permittee shall regularly inspect and maintain temporary bituminous resurfacing until the excavation is permanently paved. Loose rock and other debris generated from temporary resurfacing operations shall be immediately removed from the worksite.

E. Paving Operations.

1. The replacement of permanent paving shall be effected within twenty-one days of placement of temporary surfacing (weather permitting).

2. All permanent paving shall be placed in such a manner as to extend at least six inches beyond the trench edge on both sides. The sawcuts for this “T” shaped trench detail shall be made immediately prior to the permanent paving operations or after the placement of temporary cold asphalt.

3. Pavement outside of the original trench limits damaged by the permittee’s operations shall be removed by saw-cutting in lines perpendicular or parallel to the original trench lines. No diagonal cuts will be permitted.

4. Replacement of trench paving shall match the adjacent pavement section in type and thickness but shall be no less than four inches in thickness. The finished pavement grade shall match that of the existing pavement so as to be imperceptible to passengers in passing vehicles.

5. When asphalt concrete is placed in more than one course, the base course shall be constructed with a uniform surface to a minimum of one and one-half inches below the elevation of the finished surface and not more than two inches below the finished surface and no course shall be placed in a thickness greater than two inches. Unless authorized by the City in writing, the permittee shall complete trench resurfacing operations to finished grade the same day the base course is placed.

6. Placement of the final course of asphalt concrete paving shall be performed when the preceding course has cooled to the extent that it does not displace under the permittee’s equipment such as, but not limited to, asphalt delivery trucks and paving machinery.

7. Upon completion of paving operations the permittee shall immediately replace all pavement markings and traffic striping damaged or removed by his operations. The restoration of permanent pavement marking and traffic striping shall conform to Caltrans Standard Specifications, 1988.

8. Fabric reinforcement removed by the permittee’s operations shall be replaced as authorized by the City.

9. The replacement of portland cement concrete pavement may require the installation of steel dowels as directed by the City. Steel dowels shall be #4, grade 40 billet reinforcing steel conforming to ASTM A 615. Steel dowels shall be twelve inches in length, evenly placed and securely embedded six inches into the existing concrete pavement with epoxy grout or approved equal.

10. The replacement of paving in streets or sidewalks constructed of a special material or color shall be replaced in kind. Prior to placing special materials or colors, the permittee shall provide a finished foursquare foot sample of the material and/or color intended to be replaced for approval by the City.

11. Replacement of concrete base in roadway trenches shall be high early strength concrete. Concrete base shall be class 660-A-3750 containing an admixture of three pints of calcium chloride solution per cubic yard of concrete. Maximum allowable slump shall be four inches. Concrete base shall be thoroughly vibrated and leveled to an even surface. Unless specifically authorized by the City, concrete base shall be allowed to cure a minimum of twenty-four hours before placement of asphalt concrete paving section.

12. The permittee shall not allow water used for the flushing or cleaning of concrete transit mix vehicles and/or concrete mixers and their accompanying chutes to be deposited into freshly placed concrete or formwork or into the City roadway or storm sewer system.

13. When any portion of the curb at a legal pedestrian crosswalk or any portion of the sidewalk in immediate

• F. Miscellaneous.

1. Private and public improvements damaged by the permittee’s operations shall be replaced to the satisfaction of the City.

2. Damage occurring to street lighting and/or traffic signal installations shall be reported immediately to the City. Permanent repairs or replacement of damaged portions of street lighting and/or traffic signal installations, resulting from the permittee’s operations, shall be the permittee’s responsibility. The permittee shall not perform any repairs to City electrical facilities, damaged by his operations, except in the presence of a representative of the City. (Ord. 98-5 §§ 1-13, 1998; Ord. 92-1 § 1, 1992.)

A. All work specified in this Chapter shall be done under the supervision and in compliance with the requirements of the City’s representative

B. Every person removing the surface dressing or surface of any street shall, at any time within one year after replacing the same, on demand of the City’s representative, repeat the work of replacing the surface, and do all filling that may be necessary to raise any sunken part of the street to the proper grade. (Ord. 98-5 §§ 14, 15, 1998; Ord. 75-3 § 1, 1975; prior code § 19-6.)

Upon the completion of any of the work specified in this Chapter, the City’s representative shall inspect the same, and if the street remains in good condition for one year after such inspection by the City’s representative, the person doing such work shall thereupon be relieved of further liability. (Ord. 98-5 § 16, 1998; Ord. 76-3 § 1, 1976; Ord. 75-3 § 1, 1975; prior code § 19-7.)