Farmersville Municipal Code Ch. 12.04 Excavations

A permit shall be obtained for all underground facilities where pavement, driveways or sidewalks are cut, or excavations are made in public rights-of-way in the city where the city has accepted the streets for maintenance.

(Ord. 235 § 1, 1980)

A permit for the necessary work is to be obtained from the city clerk and approved by the director of public works at City Hall. Permit shall be obtained prior to the starting of any work, and the permittee shall notify the city clerk the day the work is to be started.

(Ord. 235 § 2, 1980)

A. Every person applying for a permit shall file with the city clerk a policy, true copy thereof, or certificate of insurance as evidence that the applicant has in effect public liability insurance for bodily injury in the amount of three hundred thousand dollars for each person and five hundred thousand dollars for each accident and for property damage in the amount of fifty thousand dollars.

B. Failure of the applicant to file such certificate, policy or such copy thereof and obtain the approval of the city thereof shall be grounds for denying any permit provided for in this chapter.

C. Franchised public utilities operating under the jurisdiction of the California Public Utilities Commission are exempt from the provisions of this section for work performed by their own forces.

(Ord. 235 § 3, 1980)

All underground facilities installed shall have a minimum cover of twenty-four inches for installation within the traveled way between curbs. In the parkway and sidewalk area the cover may be reduced to such minimums as approved by the city engineer.

(Ord. 235 § 4, 1980)

A. The operation shall be conducted in a manner to interfere with traffic as little as possible. Sufficient standard warning signs, lights and barricades shall be provided to adequately protect the public. Not more than one-half of a public street shall be closed at any one time and temporary access is to be provided for all owners. The maximum length of trench to be open at any one time shall not exceed six hundred feet, except in business and commercial districts, the trench length shall not exceed three hundred feet.

B. Temporary patching will be required when permanent paving must be delayed more than one week. Temporary patching must be replaced with permanent paving within forty-five days.

C. Dust control shall be maintained during construction by use of water or dust palliative or both. At the conclusion of the work, all dirt shall be removed from the street and the entire area left in a dirt and dust free condition.

(Ord. 235 § 5, 1980)

A. Pavement and base shall be replaced in kind but in no case shall the pavement be less than two inches thick nor shall the base be less than six inches thick.

B. All concrete and asphalt concrete shall be sawed prior to any pavement removal with sawing lines to be parallel. All other surfaces shall be cut to a neat line with an impact cutting device. All surfacing material removed for the work proposed is to be disposed of off the public right-of-way. The backfill is to be compacted in lifts with a hydrohammer or similar impact device. That portion of the fill more than twenty-four inches below the surface shall have a minimum relative compaction of ninety percent and that portion within twenty-four inches of the surface shall have a minimum relative compaction of ninety-five percent. All necessary tests are to be paid for by the permittee.

C. No pavement shall be replaced until the backfill and base have been inspected and approved by a representative of the city.

D. All work done and materials used shall be in conformance to the Standard Specifications of California Division of Highways, Department of Public Works, dated January 1975.

(Ord. 235 § 6, 1980)

The provisions of this chapter shall not apply to work on state highways where the permit is issued by the state and inspection is performed by the state. Neither shall the provisions of this chapter apply to excavations for telephone, telegraph or electric pole or their appurtenances.

(Ord. 235 § 7, 1980)

The provisions of this chapter shall apply to the city public works and public service departments except that the requirements for permits and fees are waived. Fees will be waived for public utility work required in conjunction with city-initiated public works projects.

(Ord. 235 § 8, 1980)

Nothing contained in this chapter shall be construed to prevent any person, firm or corporation, maintaining any pipe or conduit in any public street, alley or other public place, by virtue of any law, ordinance or permit, from making such excavation as may be necessary for the preservation of life or property or for the restoration of electric, gas, water, communication facilities, or emergency and governmental services, when such necessity arises during such hours as the offices of the city are closed; provided, that the person, firm or corporation making such excavation shall apply for a permit therefor within eight hours after the city is first opened subsequent to the making of such excavation.

(Ord. 235 § 9, 1980)

A. Every permit for any excavation in or under the surface of any public street, alley or other public place shall be granted subject to the right of the city or of any other person, firm or corporation entitled thereto, to use that part of such street, alley or other public place for any purpose for which such street, alley or other public place may lawfully be used, and to prior rights for utility installations previously authorized by the city. The permittee shall conduct his operations in a prudent and careful manner to avoid damage to all adjacent public and private improvements.

B. The permittee shall contact the owners of the underground utilities to ascertain the location and shall expose, locate or protect the facility in such a manner as the owner may require. Utilities such as sewers, storm drains, gas mains and services, water mains and services, telephone and electrical conduits and other utility obstructions sufficiently in advance of trench excavation work to avoid damage to those facilities and to permit relocation if necessary. The permittee shall pursue his work with care and caution so as to not damage any existing facility.

(Ord. 235 § 10, 1980)

The permittee shall be responsible for the maintenance of the area of the excavation or trench and the repaved area for a period of twelve months.

(Ord. 235 § 11, 1980)

Where the contract operations damages the paved area to a condition such that repairs are not practicable, the permittee may pay to the city a sum equal to the value of the repaving of the trenched area plus an agreed amount for unusual damage. Upon payment of such sum to the city the permittee will be relieved of the requirement of pavement restoration and maintenance for twelve months.

(Ord. 235 § 12, 1980)

Failure of any person, firm or corporation to have a valid permit and fees paid in full for work covered by this title shall be the basis for refusal to issue any additional permits until work is covered by permits with fees paid.

(Ord. 235 § 13, 1980)

The installation of any underground utility or facility of any kind by any person, firm or corporation without having first obtained a valid permit and paid the fees required in full, shall constitute a public nuisance and the city manager and/or city engineer may institute through the city attorney appropriate legal proceedings to restrain the use of such underground facilities and to compel the removal of the installed facilities at the sole cost and expense of the person installing them.

(Ord. 235 § 15, 1980)

The fee schedule for issuing utility cut permits and inspection fees payable to the city at the time the permit is obtained shall be those adopted and amended by resolution of the city council.

(Ord. 235 § 16, 1980)

Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction, and upon conviction thereof shall be punishable by a fine not exceeding fifty dollars for a first violation; by a fine not exceeding one hundred dollars for the second violation of the same ordinance within one year; by a fine not exceeding two hundred fifty dollars for each additional violation of the same ordinance within one year. In addition, each day such violation continues shall be regarded as a new and separate offense.

(Ord. 235 § 14, 1980)