Concord Municipal Code Art. III Standards for Work

The permittee shall be responsible for all liability imposed by law for personal injury or property damage proximately caused by work permitted and done by the permittee under permit or proximately caused by failure on the permittee’s part to perform his obligations under said permit in respect to maintenance. If any claim of such liability is made against the city, its officers, or employees, the permittee shall defend, indemnify, and hold them, and each of them, harmless from such claim insofar as permitted by law.

(Code 1965, § 7220; Code 2002, § 90-251. Ord. No. 687; Ord. No. 22-8 § 6 (Exh. A))

(a) The permittee, in the conduct of the work, use, or maintenance of an encroachment authorized by a permit issued pursuant to this article, shall provide, erect, and/or maintain such lights, barriers, warning signs, patrols, watchguards, and other safeguards as are necessary to protect the traveling public. Any omission on the part of the Superintendent of Streets to specify in the permit what lights, barriers, or other protective measures or devices are required shall not excuse the permittee from complying with all requirements of law and appropriate regulations and ordinances for adequately protecting the safety of those using public streets. If, at any time, the Superintendent of Streets finds that suitable safeguards are not being provided, the city may provide, erect, maintain, relocate, or remove such safeguards as are deemed necessary or may cancel the permit and restore the right-of-way to its former condition, all at the expense of the permittee.

(b) A permittee making any excavation or erecting or leaving any obstruction within, under, or upon the right-of-way, or causing the same to be made, erected, or left, shall place and maintain lights at each end of the excavation or obstruction at no more than 50-foot intervals along the excavation or obstruction, from one-half hour before sunset of each day to one-half hour after sunrise of the next day, until the excavation is entirely refilled or the obstruction removed and the right-of-way made safe for use. Reflectorized warning signs conforming to the requirements of the state Division of Highways shall be placed 100 feet in advance of any obstruction or excavation within the traveled way in such a position as to adequately warn vehicular traffic; also, on major streets, additional similar signs shall be placed 400 feet in advance.

(c) Pursuant to the provisions of Government Code Section 50022.1 et seq., there is hereby adopted, by reference, as if set forth in full, the United States Department of Transportation’s Work Zone Traffic Control Standards and Guidelines, a copy of which is on file with the Clerk of Council. All warning signs, lights, and other safety devices shall conform to the requirements of the California Vehicle Code and the aforementioned standards and guidelines.

(Code 1965, § 7221; Code 2002, § 90-252. Ord. No. 687; Ord. No. 855; Ord. No. 913; Ord. No. 970; Ord. No. 87-22; Ord. No. 22-8 § 6 (Exh. A))

(a) General standards. The permittee shall give particular attention to facilitating the flow of vehicular and pedestrian traffic. Unless prior written approval is obtained from the Superintendent of Streets, the permittee may not: (1) obstruct more than one-half of the area used by vehicles; (2) obstruct a driveway approach on a developed property, except that, with permission of the occupant of the affected property, a driveway approach may be obstructed when the permittee’s construction personnel are present within 400 feet of the obstructed driveway; and (3) obstruct the area between the curb (or the shoulder if there is no curb) and the right-of-way line in such a way as to create a hazardous path for pedestrians. The use of flagpersons is mandatory (1) where the two-way vehicular traffic has less than 20 feet in which to pass; or (2) where vehicular traffic must pass to the left of dividing islands in passing the site of the encroachment. The permittee may be required to remove excavated material from the site of the encroachment as it is excavated rather than stockpiling it on the street when such removal is necessary to permit traffic to pass freely and safely.

(b) Limited operations areas. The City Council may, from time to time, designate, by resolution, certain public streets to be limited operations areas. The following acts are prohibited in limited operations areas: (1) to conduct construction operations between the hours of 7:00 a.m. and 9:00 a.m. and between the hours of 3:30 p.m. and 6:00 p.m.; and (2) to obstruct more than one traffic lane between the hours of 7:00 a.m. and 10:00 p.m.; provided, that in the event of emergency the Superintendent of Streets may give permission to vary the requirements of this section.

(Code 1965, § 7222; Code 2002, § 90-253. Ord. No. 687; Ord. No. 22-8 § 6 (Exh. A))

(a) Notices to city. All notices required by this division to be given by the permittees to the Superintendent of Streets shall be given at his office at the City Hall.

(b) Notices to permittee. Any notice to be given to the permittee shall be deemed to have been received by him upon mailing by certified mail to the address shown on the permit.

(c) Notification of beginning of work. Before beginning any work which is or includes excavation, construction of concrete sidewalks, curbs, gutters, or driveway approaches; planting, trimming, or removing trees; or making, placing, or causing an obstruction in the watercourse or traveled way, the permittee shall notify the Superintendent of Streets.

(d) Notification of completion of work. The permittee shall, upon completion of all work authorized in the permit, notify the Superintendent of Streets. No work shall be deemed to be completed until notification of completion is given pursuant to this section and the work is accepted by the Superintendent of Streets.

(Code 1965, § 7223; Code 2002, § 90-254. Ord. No. 687; Ord. No. 22-8 § 6 (Exh. A))

If the work, use, or encroachment authorized in the permit issued pursuant to this article shall interfere with the established drainage, the permittee shall provide for proper drainage as directed by the Superintendent of Streets. Should the permittee fail to properly care for drainage, the Superintendent of Streets shall notify the permittee to take corrective action; if the permittee fails to complete such corrective action immediately upon receiving said notice, the Superintendent of Streets shall take such action as may be necessary to correct the drainage at the expense of the permittee.

(Code 1965, § 7224; Code 2002, § 90-255. Ord. No. 687; Ord. No. 22-8 § 6 (Exh. A))

(a) Inconvenience to public and property owners to be minimized. It shall be incumbent upon the permittee to plan and execute the work or use so as to cause the least inconvenience to the general public and abutting property owners.

(b) Restoring of street. Upon completion of the work, acts, or things for which the permit was issued, or when required by the Superintendent of Streets, the permittee shall replace, repair, or restore the right-of-way or watercourse at the place of work to the same condition existing prior thereto, unless otherwise provided in the permit. The permittee shall remove all obstructions, impediments, materials, or rubbish caused or placed within or upon the watercourse or the right-of-way of the public street under the permit, and shall do any other work or perform any act necessary to restore the watercourse or right-of-way to a safe and usable condition.

(c) Maintenance of encroachment. After completion of all work, the permittee shall exercise reasonable care in inspecting and maintaining the area affected by the encroachment. For a period of one year after the completion of the work, the permittee shall repair and make good any injury or damage to any portion of the street which occurs as the result of work done under the permit, including any and all injury or damage to the street which would not have occurred had such work not been done. By the acceptance of the permit, the permittee agrees to comply with the above. The permittee shall, upon notice from the Superintendent of Streets, immediately repair any injury, damage, or nuisance in any portion of the right-of-way or watercourse, resulting from the work done under the permit. In the event that the permittee fails to act promptly or should the exigencies of the injury or damage require repairs or replacement to be made before the permittee can be notified or can respond to the notifications, the city may, at its option, make the necessary repairs or replacement or perform the necessary work, and the permittee shall be charged with all the expenses incurred in the performance of the work.

(d) Relocation or removal of encroachment. When any encroachment authorized hereunder is found to be in conflict with existing or proposed facilities or improvements owned, maintained, or operated by the city, such encroachment shall, upon written demand of the Superintendent of Streets, be relocated in such a way as to eliminate the conflict, said relocation to be at the sole expense of the permittee. Should the permittee fail to comply with said written demand within a reasonable period of time, the city may cause such relocation of the encroachment at the expense of the permittee; provided, however, that this section shall become inoperative when any right-of-way shall become a freeway and thus cease to be used for the usual street purposes. Provided, further, that this section shall not apply to any public utility possessing a franchise from the city, which franchise, either by express provision or by statute, imposes a relocation obligation upon said public utility.

(e) Standards and specifications. The Superintendent of Streets shall establish such standards and specifications as he may deem necessary for the proper construction, use, and maintenance of encroachments. Any work or use done under such permit issued under provisions of this article shall conform to said standards and specifications. In the absence of specific standards and specifications, recognized standards of construction or approved practices shall govern the work or use.

(f) Supervision and inspection of work. The Superintendent of Streets is authorized to make such inspections in person, or through authorized subordinates, as he may deem necessary in connection with permits issued under this article. All work done or uses under such permits shall be under the supervision of, and to the satisfaction of, the Superintendent of Streets.

(g) Storage of materials. Unless otherwise approved by the Superintendent of Streets, no material shall be stored within the traveled way or on any sidewalk; excess earth materials from trenching or other operations shall be removed from the pavement, traveled way, or shoulder as the trench is backfilled or other work carried forward.

(h) Installation of pipes and conduits under paved surfaces. Pipes or rigid conduits 2-1/2 inches or less in diameter shall be jacked or otherwise forced underneath paved surfaces, unless otherwise specifically authorized in the permit. Under no circumstances will tunneling be permitted.

(i) Minimum cover over pipes. The minimum cover over any and all pipes larger than 2-1/2 inches installed within the right-of-way shall be 36 inches of earth or imported materials measured from the top of curb; where curbs are not level with respect to each other at any section drawn perpendicular to the centerline of the pavement, cover shall be measured from a straight line drawn between the curbs at the section in question. Top-of-curb elevations shall be established by the Superintendent of Streets. Where the above specified cover cannot be maintained due to topography, existing structures, or engineering necessity, the Superintendent of Streets may permit a reduced cover, attaching such additional requirements as he may deem necessary for protection of facilities or improvements in the right-of-way.

(j) Backfill. Backfilling of an excavation shall be in accordance with specifications established by the Superintendent of Streets or as otherwise required by him, both as to material and method; and backfill shall not be placed in any excavation with compaction of the material used therein, the degree and method thereof to be to the satisfaction of the Superintendent of Streets.

(k) Poles and transmission line carriers.

(1) Clearances and types in the construction of poles and transmission line carriers shall be in accordance with rules, regulations, and orders of the Public Utilities Commission and other public agencies having jurisdiction.

(2) No guy wires are to be attached to trees without specific authorization to do so in the permit, and in no event shall guy wires be so attached as to girdle the tree or interfere with its growth. Guy wires shall not be below the minimum elevation above the ground prescribed in the rules, orders, and regulations of the Public Utilities Commission.

(3) When a pole, brace, stub, or similar timber is removed and not replaced, the entire length thereof shall be removed from the ground and the hole backfilled and compacted. Where such pole, brace, stub, or similar timber was located in an area paved with concrete, asphalt, or other permanent surfacing, the area occupied shall be trimmed and resurfaced in kind to the satisfaction of the Superintendent of Streets.

(l) Cutting exposed concrete pavement. Any cuts made in exposed concrete sidewalk, curb, gutter, driveway, or paving shall be defined by a saw cut to a depth of not less than one-sixth the thickness of said concrete, to a maximum of 1-1/2 inches. All cuts in concrete shall be made to the nearest score line, unless otherwise permitted by the Superintendent of Streets. Cuts in asphalt paving shall be kept as straight and uniform as practicable. The Superintendent of Streets may require removal of additional concrete or asphalt when necessary to present a suitable appearance upon restoration.

(m) Aids to visibility. When the location or position of a pole or other obstruction makes accentuation of its visibility to vehicular traffic necessary, the Superintendent of Streets may require that the pole or other obstruction be painted or equipped with reflectors or other aids to visibility prescribed or authorized by the Public Utilities Commission or the state Department of Public Works at the expense of the permittee.

(n) Moving vehicles or objects.

(1) Before a vehicle or combination of vehicles or object of weight or dimension or characteristic prohibited by law without a permit is moved on any public right-of-way, a permit to do so must first be granted by the Superintendent of Streets, as set forth in specifications established by the Superintendent of Streets, or as otherwise required by him.

(2) When authorized by a permit issued pursuant to this article to move a vehicle or combination of vehicles or load of dimension or weight in excess of that permitted by law, the permittee shall comply with the general law regulating traffic over a public street, including posted signs or notices which limit speed or direction of travel, or weight which may be placed upon a structure, or the width or height that may be moved thereon or thereover, or otherwise restrict or control travel on a public street. The permittee shall at all times conform to and abide by the practice and procedure necessary to make safe and convenient the travel of the general public and to keep safe and preserve the public highway over and on which movement is being made. Any violation of this section shall cancel the permit issued to the permittee.

(3) Prior to commencing any move for which a permit is granted pursuant to this article and section, the permittee shall give at least 48 hours’ written notice to all Police and Fire Department authorities having jurisdiction.

(o) Mailboxes. All mailboxes must be placed in accordance with the rules and regulations of the United States Post Office Department, but no box shall be so placed within the road right-of-way as to endanger the life or safety of the traveling public. A permit is not required for the placing of mailboxes.

(p) Hedges, fences, or shrubbery.

(1) Planting or erection.

a. No hedge, fence, shrub, or similar structure shall be planted, erected, or maintained in a watercourse or right-of-way without a permit.

b. No hedge, shrub, or other planting whatever, fence, or similar structure shall be maintained across any existing walkway in a sidewalk area or shoulder. The intent of this restriction is to keep free a walkway for pedestrian or other lawful public travel without interference by or with vehicular travel. No encroachment of any nature will be permitted or maintained which impedes, obstructs, or denies such pedestrian or other lawful travel within the limits of the right-of-way of a public street, or which impairs adequate sight distance for safe pedestrian or vehicular traffic.

(2) Maintenance. The permittee, or the owner of the adjacent property, shall maintain the hedges, shrubs, walls, fences, or similar structures erected for landscaping purposes in a neat and orderly condition at all times. If the encroachment is not maintained as specified in this article, the Superintendent of Streets may direct the permittee or property owner to remove the encroachment and restore the right-of-way or watercourse to its former condition at the expense of the permittee or property owner.

(3) Lawns. Notwithstanding anything contained herein to the contrary, any person may plant and maintain a lawn of any grass or type not prohibited by other law, within the right-of-way of a public street, without a written permit. However, the lawn shall not extend into the traveled way of the public street nor into the drainage ditches, gutters, or other drainage facilities.

The general public may not be denied the use of the planted area for pedestrian or other lawful travel. The city may use the planted area for any purpose whatever, and may issue a permit to any applicant to go thereon to perform work or otherwise encroach pursuant to this article. If the lawn is damaged or disturbed in the course of an authorized encroachment, it will be removed and replaced by the permittee unless the permit specifically states otherwise.

(q) Irrigation systems. No portion of any irrigation system shall extend above the level of the surrounding ground or pavement. No irrigation system shall be installed in such a way as to direct sprays or streams of water onto or over adjacent street, sidewalk, or driveway areas.

(r) Preservation of monuments. Any monument of granite, concrete, iron, or other lasting material set for the purpose of locating or preserving the lines and/or elevation of any public street or right-of-way, property subdivision, or a precise survey point or reference point shall not be removed or disturbed without first obtaining permission from the Superintendent of Streets to do so, said permission to be granted in conformance with requirements as set forth in specifications established by the Superintendent of Streets. Replacement of removed or disturbed monument will be at the expense of the permittee.

(s) Maps of underground facilities. Each permittee installing, constructing, or maintaining underground facilities, such as pipes, wires, conduits, or similar structures, under permit granted pursuant to this article shall maintain accurate and complete maps of location, depth, size, and character of such facilities and shall furnish, at no cost to the city, copies of said map to the Superintendent of Streets upon his demand.

(t) Public service directional signs. Public service directional signs for churches, hospitals, and similar places of public use may not be erected, placed, maintained without first obtaining a permit hereunder. The City Council may, from time to time, adopt, by resolution, special regulations and fee schedules pertaining to encroachment by such signs.

(Code 1965, § 7225; Code 2002, § 90-256. Ord. No. 687; Ord. No. 22-8 § 6 (Exh. A))