Hermosa Beach Municipal Code Ch. 12.09 Pavement Moratorium

Contents:

12.09.010 Purpose.

12.09.020 Definitions.

12.09.030 Adoption of Guidelines.

12.09.040 General Requirements.

12.09.050 Violation.

(Ord. # 23-1472 §4, adopted 11/28/2023, effective 12/28/2023)

The public right-of-way is a unique public resource held in trust for the benefit of the public; this physically limited resource requires proper management to maximize its efficiency and minimize the costs to taxpayers, to protect against foreclosure of future economic expansion because of premature exhaustion of the public right-of-way, and to minimize the inconvenience to and negative effects on the public from use of the public right-of- way by contractors and utility companies.

A pavement moratorium would protect the City’s investment in its infrastructure, preserve the life of streets, and provide a safe driving surface and a pleasing appearance to roadway surfaces that have undergone utility work.

(Ord. # 23-1472 §4, adopted 11/28/2023, effective 12/28/2023)

Effective on: 12/28/2023

(Ord. # 23-1472 §4, adopted 11/28/2023, effective 12/28/2023)

The following definitions are applicable within this chapter:

Completion date means the date the Notice of Completion was signed by the Public Works Director or designee for the completion of roadway construction, resurfacing operations, or maintenance. For areas paved as public improvements for a private development, this date shall be the date the final inspection form was signed by the Public Works Inspector. For public improvements for which a final inspection form was not signed, this date shall be the actual date of completion of the work.

Effective on: 12/28/2023

Excavate or excavation means any cutting, digging, potholing or otherwise disturbing the paved surface within the public right-of-way. All such excavations shall require a right-of-way permit issued in accordance with Chapter 12.12.

Effective on: 12/28/2023

Permit means written authorization from the Public Works Director or designee to excavate, encroach upon, or obstruct the public right-of-way.

Effective on: 12/28/2023

Person includes any individual, firm, partnership, joint venture, association, corporation, estate, trust, business trust, any district, any city, any county including this county, and all departments and bureaus thereof except the city of Hermosa Beach.

Effective on: 12/28/2023

Public right-of-way means the area in, upon, above, beneath, or across any public street, parking lot, or other City-owned parcel or easement, 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.

Effective on: 12/28/2023

Roadway means any public street, including but not limited to any highway, street, lane, court, alley, boulevard, median, parkway, parking lot, or easement reserved by or dedicated to the City for vehicular or pedestrian travel.

Effective on: 12/28/2023

The City Manager or their designee has the authority to administer and enforce the provisions of this Chapter and may administratively establish rules and guidelines to implement and interpret this Chapter.

(Ord. # 23-1472 §4, adopted 11/28/2023, effective 12/28/2023)

Effective on: 12/28/2023

1. 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.
2. Except as set forth in the City of Hermosa Beach Department of Public Works Pavement Moratorium Guidelines, permission to excavate in roadways shall not be granted for three (3) years following roadway maintenance, including but not limited to chip seal, cape seal, slurry seal, micro paving, or other maintenance of an asphalt concrete roadway; for five (5) years after the completion date of roadway construction, including but not limited to reconstruction, grind and overlay, or other replacement of an asphalt concrete roadway; or for ten (10) years following roadway construction, including but not limited to reconstruction of a Portland cement concrete roadway.
3. Details implementing this pavement moratorium may be set forth in the City of Hermosa Beach Department of Public Works Pavement Moratorium Guidelines, which may be updated from time to time in accordance with this Chapter. These Guidelines will be made available to the public on the City’s website and may be requested from the City Clerk’s Office.”

(Ord. # 23-1472 §4, adopted 11/28/2023, effective 12/28/2023)

Effective on: 12/28/2023

Any person violating any provision of this Chapter or any Guidelines adopted in accordance with this Chapter shall be subject to the enforcement provisions of Chapter 1.04 and shall be subject to a civil administrative penalty pursuant to Chapter 1.10. Each person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this Chapter of the Guidelines is committed, continued, or permitted.

(Ord. # 23-1472 §4, adopted 11/28/2023, effective 12/28/2023)

Effective on: 12/28/2023