Chino Hills Municipal Code Ch. 12.16 Construction Permits for Sidewalks, Driveways, Culverts and Other…

A. The following general guidelines shall apply to all construction activities authorized in this chapter:

1. The permittee shall perform all work in accordance with plans, specifications, and conditions identified in the permit, specified in this chapter, and to the satisfaction of the City Engineer.

2. All construction activities shall be performed in accordance with the current version of the "Standard Specifications for Public Works Construction" also known as the "Greenbook," except where amended, superceded, or changed by a City specification or the City Engineer.

3. All improvements, repair, restoration, relocation, and construction activities shall be designed in accordance with the current version of the City of Chino Hills "Road and Drainage Standard Drawings and Specifications" and the "Standard Procedures and Requirements and Specifications for the Design and Construction of Water, Reclaimed Water and Wastewater Facilities," except where amended, superceded, or changed by a City standard or the City Engineer.

4. All traffic control shall be designed, constructed, and implemented utilizing the current version of the "Work Area Traffic Control Handbook" prepared by the Uniform Practices and Utility Coordination Committee of the Southern California Chapter of the American Public Works Association, except where amended, superceded, or changed by a City standard or the City Engineer.

5. Prior to excavation or beginning of construction, all survey monuments, which exist on the centerline of all streets, or property lines when involved, shall be completely tied out so they may readily and correctly be replaced. At the completion of construction, any monument that was destroyed shall be replaced. A complete set of notes showing the ties to these monuments shall be furnished to the City Engineer prior to removal of any monuments. A registered Civil Engineer or California licensed Land Surveyor at the expense of the permittee shall perform all work. The City Engineer shall be notified upon completion of replacement of all survey monuments for the proper project clearance.

6. Any applicant who proposes to make an excavation, trench, street cut, or otherwise construct on, over, in, under, or through a highway which has been slurry sealed within the previous two years or resurfaced within the previous five years shall make additional repairs to the highway as directed by the City Engineer. Typically, these repairs shall consist of a minimum of slurry sealing the affected pavement from gutter line to gutter line along the entire length of the pavement disturbance. The City Engineer, to insure the integrity of the pavement and protect the public interest, may specify more stringent repairs.

B. Specific. The following specific guidelines shall apply to all construction activities authorized in this chapter:

1. No open trenches or site work are permitted overnight.

2. Permittee is responsible for removing all paint markings on pavement and sidewalks related to the permitted work, including markings made by Underground Service Alert (USA).

3. All repairs to existing facilities are to be completed within thirty (30) days of the completion of the permitted construction.

4. Permittee shall properly identify, cone off, tape off, and/or otherwise delineate the work area.

5. Concrete to be removed shall be completely removed and replaced to the nearest construction joint.

(Ord. 137 § 2 (part), 2000)

The following requirements shall apply to all construction activities in the interest of convenience for the public.

A. The permittee shall conduct his, her or its operations so as to offer the least possible obstruction and inconvenience to the public and he, she or it shall have under construction no greater length or amount of work than he, she or it can prosecute properly with due regard to the rights of the public.

B. All public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Where possible, such traffic shall be routed on new or existing paved surfaces.

C. Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately by the permittee at his, her or its own and sole cost and expense.

D. Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners.

E. Convenient access to driveways, houses, and buildings along the line of the work shall be maintained and temporary approaches to crossings or intersecting highways shall be provided and kept in good condition. When the abutting property owner's access across the right-of-way line is to be eliminated or to be replaced by other access, the property owner's access shall not be closed until the replacement access facilities are usable.

F. Water or dust palliative shall be applied as required for the alleviation or prevention of nuisance dust.

G. Permittee shall minimize the disruption to public services such as mail delivery, street sweeping, and trash pickup. Permittee shall not disrupt such services without prior notification to the affected residents.

(Ord. 137 § 2 (part), 2000)

A. Whenever the permittee's operation involves work in a public highway, he, she or it shall, at his, her or its own and sole cost and expense and without costs to the City, furnish, erect, and maintain devices and take such other protective measures as are necessary to prevent accidents, damage, or injury to the public.

B. All traffic control devices, including barriers, barricades, warning devices, lights, flagman as are necessary to give adequate warning and safety devices shall conform to the requirements set forth in the "Work Area Traffic Control Handbook" prepared by the Uniform Practices and Utility Coordination Committee of the Southern California Chapter of the American Public Works Association. The City Engineer may specify additional traffic control devices to be erected by the permittee to protect the traveling public.

C. Should the permittee fail to furnish, install, and maintain warning devices and take protective measures as above provided, the City may direct attention to the existence of a hazard and the necessary warning devices shall be furnished, installed, and maintained at the permittee's own and sole cost and expense. Should the City point out the inadequacy of warning devices and protective measures, such action on the part of the City shall not relieve the permittee of his, her or its responsibility for furnishing and maintaining any of the protective facilities specified above in this section.

D. If the permittee fails to provide controls and other safety devices, as required for the protection of the traveling public, the City will provide such safety devices and charge any costs against the permittee's deposit pursuant to Chapter 12.20 of this title. Permittee may also be billed for any additional costs for repairs or for providing safety devices if costs exceed the amount of the cash deposit.

E. No street shall be closed. A minimum of one lane of traffic shall be maintained at all times to provide limited access for adjoining property owners and emergency vehicles. In the event it is felt by the permittee that he, she or it must close a street for any length of time, permittee shall contact the City Engineer to obtain the necessary permission. Fifteen (15) working days shall be allowed for the City Engineer to process the road closure request.

F. Where necessary for public safety and convenience, permittee shall, at his, her or its own and sole cost and expense, provide and maintain suitable drainage of the highway and erect such temporary structures as are necessary. The suspension of the work from any cause shall not relieve the permittee of his, her or its responsibility to provide for the safety and convenience of public traffic and local residents.

(Ord. 137 § 2 (part), 2000)

The permittee shall notify the City Engineer at least forty-eight (48) hours in advance of beginning work or requesting any inspection. In the event work is done without proper inspection, the permittee may be required to submit evidence sufficient to satisfy the City Engineer that the work was performed in accordance with the provisions of this chapter.

(Ord. 137 § 2 (part), 2000)

The permittee shall immediately notify the City Engineer of any proposed change in any plan and obtain the City Engineer's approval of such change before such change is made. Failure to do so may result in the permittee reconstructing an improvement per the original approved plan at the permittee's cost.

(Ord. 137 § 2 (part), 2000)

A. Upon completion of any work or act for which a permit has been granted, the permittee, if requested, shall notify the City Engineer in writing on a form prescribed by the City Engineer.

B. Requests for final inspection shall be made at least forty-eight (48) hours in advance.

C. If the City Engineer, by survey or by inspection or by both, ascertains that the work contemplated by this title has been completed according to the requirements of the permit issued therefor, and of all of the provisions of this title, he or she shall issue, if requested so to do by the permittee, a certificate of acceptance which shall contain a statement of the location, nature, and extent of the work performed under the permit.

(Ord. 137 § 2 (part), 2000)

A. The permittee shall perform continuing maintenance to all construction activities, trenches, excavations, construction areas, and highways during the course of construction.

B. The permittee shall maintain drainage structures clear and free of debris at all times during construction. The permittee shall replace any drainage structures damaged during the permitted construction, including corrugated metal pipe, concrete pipe, steel culvert, and concrete structures. The permittee shall notify the City prior to any work on any drainage structure.

C. The permittee shall exercise reasonable care to maintain any landscaping and trees within the road right-of-way and to immediately repair and/or replace any portion of such landscaping and trees which become damaged as a result of the work done under a permit issued pursuant to this title. A permit is required for removal of a City tree pursuant to Section 12.26.040.

D. Any surplus material resulting from construction activities shall be removed from the right-of-way. All paved surfaces shall be maintained clean of earth and other objectionable materials immediately after backfill and compaction. Water or dust palliative shall be applied as required to alleviate or prevent nuisance dust.

(Ord. 137 § 2 (part), 2000)

(Ord. No. 249, § 7, 12-13-2011)

A. Permittee shall repair any and all damage caused by permittee's activities to public facilities including, but not limited to, the street, gutter, curb, landscaping, and sidewalk. All repair, replacement, or restoration work shall be completed in accordance with the current version of the "Standard Specifications for Public Works Construction" and the current City standard for "Restoration of Asphalt Street Excavations." Existing pavement or concrete to be joined shall be saw cut to neat, straight lines immediately prior to the repair. Damaged pavement or concrete adjacent to the construction work area shall also be saw cut and removed, in rectangular sections, beyond the limits of damage. The City Engineer may specify, alter, change, or modify such standard specifications and/or the City standard on a case-by-case basis where deemed necessary by the City Engineer to address specific conditions or to protect the interests of the public or City.

B. Any highway surface excavated, trenched, damaged, or otherwise disturbed through a permitted or nonpermitted construction activity shall promptly and in a workmanlike manner be repaired, replaced, or restored by the causing party to a condition equivalent to that which it was prior to the construction activity. Such repair shall be guaranteed for the life of the highway after the completion of the work performed under the permit, including any and all injury and damage to the highway which would not have occurred had such work under such permit not been done.

C. If the permittee fails or refuses to repair that portion of the surface of the highway damaged by him or her, or if the City Engineer elects to perform the repair, the City Engineer may cause the repair to be completed. The cost of such repair shall be charged against the permittee. The City may complete the repair at its discretion where the repair is within an area of pavement to be immediately reconstructed by the City and the repair is an integral part of the general City improvement.

D. Should any traffic striping and/or pavement markings be damaged or removed by the permittee's operations, they shall be restored or replaced at permittee's expense. Traffic stripes and/or pavement markings shall be restored or replaced by application of thermoplastic material. Under certain situations traffic stripes and/or pavement markings may be restored or replaced with retro-reflective paint with the prior approval of the City Engineer.

E. Manholes shall not be constructed to final grade until final repair has been completed. In graded earth shoulders or earth flow line areas, asphalt concrete shall be placed to a minimum two feet around the manhole and paved at forty-five (45) degrees to the edge of existing pavement.

F. Permittee shall furnish names and telephone numbers of persons to contact in case immediate repairs are needed. If a responsible person is not available at this number, City may make immediate repairs and deduct the costs from the cash deposit.

(Ord. 137 § 2 (part), 2000)

A. The City Engineer may require any permittee that has performed construction work or placed an encroachment in a highway to relocate such encroachment to insure the safety of the traveling public or to permit the improvement of a highway. Such encroachment shall be moved at the sole cost and expense of the permittee. The City Engineer shall specify where the encroachment is to be relocated.

B. Provided, however, that the foregoing requirement shall not apply to any right which has been continuously exercised since a time prior to the date when such portion of the highway became part of the public highway, or which right exists by virtue of a document recorded prior to such date in the Office of the County Recorder of the county of San Bernardino, California, provided that such right has not (in either case) been subordinated by a document recorded in such office to the right of the public to maintain such portion of the highway.

C. If any part of the installation interferes with the present use of highways by the general public, and needs adjusting to match the grade of the highway or is in conflict with future City highway improvement projects, it shall be removed or relocated as designated by the City at the expense of the permittee or his, her or its successor-in-interest.

D. The City Engineer shall specify in the demand a time within which the work of relocation must be commenced, and the permittee must commence such relocation within the time specified in such demand and thereafter diligently prosecute the same to completion.

E. The construction work or encroachment specified in the demand may be removed by the City Engineer should the permittee fail to comply with the demand. The permittee is responsible for the costs of the removal.

(Ord. 137 § 2 (part), 2000)

Should a permittee and/or its contractor fail to comply with any of the provisions of this title, or any condition of any permit issued there under, the City will notify the permittee in writing (or telephone in emergency cases) to discontinue further construction activities within highway right-of-way until any discrepancies have been resolved to the satisfaction of the City. Failure to perform the work may result in revocation of permits and/or the City may arrange for the work and bill the permittee for the costs.

(Ord. 137 § 2 (part), 2000)