Carson Municipal Code Ch. 4 Moratorium on Roadway Pavement Cuts

For purposes of this chapter, the following words, terms and phrases shall have the meaning given herein:

A.

“City”

means the City of Carson, a charter city located within the State of California.

B.

“City Engineer”

means the City Engineer of the City.

C.

“Completion Date"

means the date a public works project that includes Roadway construction, resurfacing operations, or maintenance is accepted by the City.

D.

“Curb to Curb”

means the distance from one curb on one side of a Roadway to the other curb on the other side of the Roadway, irrespective of whether there exists a median island within the Roadway.

E.

"Director"

means the Director of Public Works of the City.

F.

“Encroach” and "Encroachment"

means the act of causing and any obstruction, line, conduit, pipe, wire, cable or any structure or object of any kind or character which is placed under the surface of a Roadway.

G.

“Excavate” or “Excavation”

means the act of or work of constructing, placing or installing an Encroachment in a Roadway.

H.

"Pavement"

means the surfaced portion of the Roadway.

I.

"Permittee"

means any Person who submits an application proposing to Encroach upon a Roadway for installation of any obstruction, line, conduit, pipe, wire, cable or any structure or object of any kind or character for placement under the surface of a Roadway.

J.

"Person"

means any individual, firm, partnership, joint venture, association, corporation, estate, trust, all public districts and other political subdivisions of the State of California.

K.

"Right of Way"

shall mean any land or interest therein which, by deed, conveyance, agreement, dedication, usage, or other process of law, has been reserved for or dedicated to the City for the use of the general public for purposes of vehicular travel.

L.

“Roadway”

means a public street, public highway, or Right of Way located within the jurisdictional boundaries of the City.

(Ord. 26-2609U, 6/16/2026; Ord. 26-2610, 7/7/2026)

(a) Purpose. It is in the best interest of the general public to preserve the surface of the City's Roadway Pavement for a reasonable period after new Pavement or resurfacing has been installed and paid for by the City.

The purpose of the pavement cut moratorium in this section is to (i) protect the City's investment in its infrastructure; (ii) preserve the life of Roadways ensuring an improved traveling surface while concurrently avoiding immediate structural degradation of the Roadway; (iii) prevent traffic safety hazards caused by premature Roadway failing; (iv) prevent assumption of redundant and unnecessary safety risks associated with Excavation of Roadways; and (v) preserve an aesthetic appearance consistent with the City’s Roadway surfaces that have undergone recent excavation.

No entity or organization shall be exempt from the requirements of this section, including, but not limited to, utility companies, state agencies, federal agencies, school districts, and private developers.

(b) Moratorium. Except as set forth in subsection (c) of this section, permission to Excavate in a Roadway shall not be granted for five years after the Completion Date of City-financed Roadway construction, reconstruction, or maintenance, including asphalt overlays exceeding one-half inch in thickness, and for three years after the Completion Date of City-financed asphalt overlays (one-half inch or less in thickness), chip seal, slurry seal coatings, and micro paving of the Roadway's surface. Utilities shall plan sufficiently in advance to determine alternate methods for making necessary repairs to avoid excavating newly resurfaced Roadways.

(c) Moratorium Exceptions. Exceptions to the moratorium may be allowed at the discretion of the Director or as otherwise permitted under applicable law for:

(i) Emergencies which endanger life, property, or public health and safety.

(ii) Restoration of severed utility connections to existing customers.

(iii) Work mandated by state or federal legislation that cannot be delayed.

(iv) Work for which a permit for Encroachment of any Roadway has already been approved by the City.

(v) Work permitted by previously existing and active contracts or franchises granted under Section 6800 et seq. of the City’s Municipal Code.

(vi) Other situations deemed by the Director to be in the best interest of the general public.

(d) Encroachment and Restoration. Where an exception is granted pursuant to this subsection, Permittee must do the following:

(i) Pay for all costs and expenses of Pavement and Roadway Encroachments and restoration.

(ii) Restore the Roadway Curb to Curb (Roadway width) expanding out 10 feet (Roadway length) in both directions from the furthest points of the Excavation locations.

(iii) Ensure that restoration results in the Pavement and Roadway being substantially in the same condition as existed prior to the Encroachment, to the satisfaction of the City Engineer and in accordance with all City requirements.

(iv) Ensure that Encroachment and restoration shall not damage the Roadway’s subsurface contents including utilities and must properly backfill and compact the Roadway in a manner that does not result in subsidence.

(Ord. 26-2609U, 6/16/2026; Ord. 26-2610, 7/7/2026)