Fontana Municipal Code Div. 2 Permit

(a) It shall be unlawful for any person other than an authorized official or employee of the city, or other authorized governmental official, to make excavations in or under the surface of any street or sidewalk for the installation, repair or removal of any pipe, conduit or tunnel, or for any other purpose, without first:

(1) Making and filing a written application with the street superintendent.

(2) Receiving a written permit from the street superintendent.

(3) Making a deposit to cover the cost of:

a. Filing and inspection.

b. Guaranteeing the restoration of the streets or sidewalks to as good or better condition than the streets or sidewalks were in before such work was begun.

c. Any incidental expenses connected therewith as determined by the street superintendent.

(b) This section shall be deemed not to apply to public utility corporations operating within the limits of the city in case of an emergency; provided, however, that an application for a permit shall be made within two working days thereafter and provided further that all work shall be done in compliance with all laws in effect at the time in reference to such work.

(Code 1968, § 27-16; Ord. No. 1495, § 5, 12-20-05)

Before issuing any permit provided for in section 25-211, the street superintendent shall require:

(1) A written application to be made and filed with the street superintendent which shall state:

a. The name and residence or business address of the applicant.

b. In detail, the purpose, location and area of each excavation intended to be made and used; and the location of the proposed substructure.

(2) The presentation of a plat in duplicate on a sheet 11 inches by 17 inches wide and drawn to a minimum scale of one inch to 100 feet, showing:

a. The location of each proposed excavation.

b. All dimensions of each proposed excavation.

c. Such other details as the superintendent of streets may require to be shown on the plat, except that, for service connections and locating of trouble in conduits and pipes and making repairs thereto, no plat shall be required.

(3) The applicant is to show, for the purpose mentioned in the application, the right, legal authority and qualifications to occupy and use the street or sidewalk wherein the excavation is proposed to be made.

(4) The street superintendent is authorized to issue a blanket permit renewable annually to any public utility corporation or to any person permitting the installation of telephone, telegraph, electric power or gas line service or connections, and for ordinary maintenance of the existing facilities located or installed on, in or along city public highways by any such public service corporation or other person lawfully entitled so to do business. Such blanket permits shall not be issued for street openings exceeding two feet by four feet in size, and monthly reports on the street openings made under a blanket permit shall be filed before the tenth day of the following month with the street superintendent.

(Code 1968, § 27-17)

(a) Upon the approval of any application for a permit as required by this article, the street superintendent shall, prior to the issuance of any permit therefor, require such applicant to deposit with the city:

(1) Cash, certified check, cashier's check or a surety bond approved by the city in favor of the city in an amount equal to the cost as estimated by the street superintendent of repairing and restoring the street or highway in such manner as to place it as near as possible to its condition as existing immediately prior to such excavation, cut or other work, and such deposit shall be considered as a guarantee that such work will be properly completed and shall be retained by the city and not returned unless the work shall have been completed as provided in this article. If not so completed within 30 days after completion of the underground work, the city may and is hereby authorized to use the deposit or any part thereof to complete the work and charge the entire cost thereof against the deposit, the bond or the applicant.

(2) A public liability policy issued by a reliable insurance company approved by the city with limits of $1,000,000.00 each person, $2,000,000.00 each occurrence for personal and $1,000,000.00 each occurrence for property damage, or equivalent cash, certified check or cashier's check, in favor of the city, to cover such liability and to insure the city against any and all liability of every nature whatsoever connected directly or indirectly with any such work.

(b) Should the applicant be a regular franchised public utility company operating within the city or such other financially reliable person whom the superintendent of streets may determine upon investigation to have sufficient clear assets within the city to be more than sufficient to cover the deposits, bonds and guarantees provided in this section, then, and in that event, the street superintendent may waive all or part of such requirements as provided in this section upon such terms and conditions as may be reasonably provided, but any such waiver shall not release any such party from any or all liability under any of the obligations provided in this section.

(Code 1968, § 27-18; Ord. No. 1495, § 6, 12-20-05)

(a) Upon compliance by the applicant with all of the requirements stated in this article, the street superintendent shall thereupon issue to the applicant a permit to proceed with the work in the application and such work shall be done in accordance with the terms and conditions of the approved application and permit.

(b) Every permit issued under the provisions of this article shall become void unless the excavation to be made pursuant thereto is commenced within 60 days from the date of issuance of such permit and the work diligently prosecuted to completion as required in this article.

(c) No refund shall be made on expired permits, and all monies deposited on such permits shall revert to the general fund of the city.

(d) In all cases where the excavations or cuts are to be made in a public road, street or highway the permittee shall notify the street superintendent, the police department, the fire department and all owners of such other substructures in the vicinity of the work covered by the permit of the starting time of the job at least two working days prior to commencing the work.

(Code 1968, § 27-19; Ord. No. 1495, § 6, 12-20-05)