Chico Municipal Code Ch. 14.10 Pavement Cut Moratorium

The purpose of the pavement cut moratorium in this chapter is to protect the City's investment in its infrastructure; and to preserve the life of streets and to provide a safe driving surface and a pleasing appearance to roadway surfaces that have undergone utility work.

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

(Ord. 2615 §15 (part))

The following definitions are applicable within this chapter:

A. “Asphalt concrete or AC” means blend of aggregate and asphalt binder meeting the specifications set forth in the most current City of Chico adopted standard or Caltrans Standard Specifications Section 39, "Hot Mix Asphalt," whichever is more stringent or as directed by the engineer.

B. “Completion date” means the date the Notice of Completion was adopted by the Director of Public Works, Engineering for the completion of roadway construction, resurfacing operations, or maintenance. For streets paved as public improvements for a private development, this date shall be the date the Notice of Completion for the development was adopted by the Director of Public Works, Engineering; for public improvements for which a Notice of Completion was not adopted by the Director of Public Works Engineering, this date shall be the actual date of completion of the work.

C. “Excavate or Excavation” means any cutting, digging, potholing or otherwise disturbing the street surface within the right-of-way to access or install a utility line or any related facility or for other reasons. All such excavations shall require an encroachment permit issued in accordance with Chapter 14.08 Encroachment and Excavation Permits.

D. “Facility” means any fiber optic, coaxial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible things located in, upon, above, beneath, or across any public right-of-way.

E. “Owner” means the owner of the facility to be installed in the public right-of-way and includes, but is not limited to, the utility that owns the facility.

F. “Permit” means written authorization from the Director to excavate, encroach upon, or obstruct a public right-of-way.

G. “Preventative maintenance seals” means a mixture of polymer modified asphalt emulsion, mineral aggregate, mineral filler, water, and other additives, properly proportioned, mixed, and spread in accordance with the City of Chico, and Caltrans Standard Plans Specifications, and Details, whichever is more stringent or as directed by the engineer; Preventative maintenance seals include but are not limited to slurry seals or micro-surfacing and are usually less than ½ inch in thickness.

H. “Prohibition street” means a public street that is newly constructed as defined by a pavement condition rating of 80 or above, has been reconstructed or resurfaced with a street overlay within the past five years, or has been treated with a preventative maintenance seal within the past three years.

I. “Public Street or Public right-of-way” means the area in, upon, above, beneath, or across any public street, parking lot, other City-owned parcels or easements, including but not limited to any highway, street, lane, court, alley, boulevard, sidewalk, median, parkway, parking lot, or easement reserved by or dedicated to the City for public use.

J. “Street overlay” means one or more courses of asphalt construction on an existing pavement; usually greater than ½ inch in thickness; generally, includes an asphalt leveling course to correct the contour of the old pavement, and for this chapter includes chip seals.

K. “Structure” means any physical alteration or improvement, including but not limited to a building, post, cabinet, fence, vault, sign, pole, guardrail, wall, facility, pedestrian walking path, sidewalk, driveway, track, surfacing, culvert, drainage facility, pipe, embankment, or excavation.

L. “Utility” means any person or entity providing electricity, gas, telephone, telecommunications, water, sanitary sewer or other services to customers, and which pursuant to state law or local franchise is entitled to install its facilities in the public right-of-way.

M. “Wearing surface” defects mean the defects in the surface of a public street that is in direct contact with traffic and that resists the resulting abrading, crushing, or other disintegrating action.

(Ord. 2615 §15 (part))

Except as set forth in Section 14.10.040, and absent an Excavation Waiver as provided in Section 14.10.050, permission to excavate in public streets shall not be granted where any of the following apply: 1) for (5) years after the completion date of public street construction or maintenance project, including but not limited to an inlay, overlay, chip seal, reconstruction or other similar maintenance; 2) for three (3) years after the completion date of slurry seal coatings or micro-paving of the roadway surface; and 3) for any pavement with a very good to excellent condition as determined by having a Pavement Condition Index rating of 80 or above using the City's pavement rating system. Utilities shall plan well enough in advance to determine alternate methods for making necessary repairs to avoid excavating in newly resurfaced public streets.

(Ord. 2615 §15 (part))

A. Exceptions to the above moratorium may be permitted in the following situations, at the discretion of the Director:

1. Emergencies that endanger life, property, or public health and safety. In the event of an emergency, the person making an emergency use or encroachment shall apply for a written permit within ten calendar days, beginning with the first business day the city offices open.

2. Interruption of essential utility service. In the event of such interruption of service, the person claiming an exception to the Moratorium under this paragraph shall apply for a written permit within ten calendar days, beginning with the first business day the city offices open.

3. Work that is mandated by city, state, or federal legislation.

4. Unforeseen circumstances where the financial burden outweighs the benefit to the public street infrastructure.

5. Other situations deemed by the Director to be in the best interest of the general public. Emergencies and other exceptions do not exempt the permittee from any requirements to repair the pavement as included herein or as conditions of approval of a permit.

B. The provisions of this chapter shall not apply to officers or employees of the City acting in the discharge of their official duties.

(Ord. 2615 §15 (part))

A. To excavate within a prohibition street, a waiver must be obtained. To request a waiver, the applicant must submit a written request to the Director of Public Works. The request must include all of the following:

1. The location of the excavation.

2. Description of the work to be performed.

3. A statement from the applicant setting forth good cause for why the work was not performed before the public street was resurfaced.

4. A statement from the applicant setting forth good cause for why the work cannot be deferred until after the five (5) year period.

5. A statement from the applicant setting forth good cause for why the work cannot be performed at another location.

6. The applicant's proposed pavement restoration type and limits as per the requirements in Section 14.10.050B.

B. Any excavation granted via a waiver shall be subject to the following pavement restoration requirements:

1. Work shall remain free from substantial defects for the remaining duration of the five (5) year moratorium period following requirements per the standard specifications.

2. Inlaid, overlaid or reconstructed roadway: All lanes, full-lane width, that are affected shall be ground down two (2.0) inches and paved with two (2.0) inches of similar asphalt concrete material as the previous treatment to the satisfaction of the Director. If existing pavement is rubberized asphalt or other materials, restoration materials shall be matched.

3. Slurry sealed, chip sealed, or micro-surfaced streets: All lanes that are affected shall be resurfaced full-lane width to the satisfaction of the Director with a treatment similar to what was previously utilized.

4. The limits of the pavement restoration shall be determined by the Director based on the conditions at the site including such factors as distance to intersections and driveways, changes in lane configuration and striping, drainage considerations, continuity of appearance and similar factors. Trenches and excavations shall be resurfaced for the entire trench or excavation length plus ten (10) feet on both ends.

5. The City reserves the right to require that restoration performed by permission of a waiver be completed at on a more rapid basis, as stipulated by the City. The required schedule shall be a condition of approval for the encroachment permit.

6. The City reserves the right to require that restoration performed by permission of a waiver be completed with no surface defects, or that the wear surface be equal or better than that of the prohibition street prior to the excavation.

7. The City reserves the right to require that restoration performed by permission of a waiver be compliant with current HMA Pavement Smoothness Acceptance Criteria per the standard specifications, or equal, as determined by the Director.

C. Exception: Full-lane width restoration shall not be required during a curb and gutter restoration in which the City has exempted the contractor from removing and replacing twenty-four (24) inches of asphalt paving from the edge of gutter, as required under City of Chico Standard Plan S-3, as may be amended from time to time. City staff will provide the waiver following an inspection determining the pavement cut is smooth and straight along the gutter lip and existing asphalt.

(Ord. 2615 §15 (part))

Except as provided Section 14.10.040A.1., prior to commencing maintenance or repair work in a prohibition street, an owner shall obtain an encroachment permit as well as any other approval required for such work and shall meet all City standards in performing the work.

(Ord. 2615 §15 (part))