Hillsborough Municipal Code Ch. 12.04 Improvements, Excavations, and Obstacles

Outdoor fixtures (as defined in Section 12.12.010) located in the right-of-way are subject to the provisions of Chapter 12.12 and not this chapter.

(Ord. 614 § 4 (part), 2000)

A. Unless an encroachment permit has first been obtained as provided in this chapter, it is unlawful for any individual or entity to do any of the following within any portion of any public street in the town or (except for subsection (A)(4) of this section) right-of-way in the town:

1. Construct, alter, repair or replace any driveway approach;

2. Construct, alter, repair or replace any improvement in the public street or right-of-way, including, but not limited to, pavement, sidewalk/parking strip, retaining wall eighteen inches or less in height, curb, gutter, culvert, wiring, conduit, sewer system, water system, storm drain system, or green infrastructure measures;

3. Cut into the public street pavement or right-of-way surface or excavate in the public street or right-of-way for the installation of any improvement referred to in subsection (A)(1) or (A)(2) of this section or for any other purpose, hereinafter sometimes "excavations" or "excavation";

4. Leave standing in any portion of any public street for more than forty-eight continuous hours any structure, lumber, gravel, foreign substance, machinery or vehicle of any kind, collectively "obstacle."

Subsections (A)(1) through (A)(4) of this section are referred to collectively as "right-of-way activities" or "ROW activities" and individually as "right-of-way activity" or "ROW activity." For purposes of this section, beginning any ROW activity shall constitute the performance of such ROW activity. For purposes of this chapter, "green infrastructure measures" means any measure indicated by the town's green infrastructure plan approved by resolution of the city council.

B. ROW activities and/or work done in conjunction with ROW activities may also require building or other permits as applicable.

(Ord. 661 § 1, 2005; Ord. 614 § 4 (part), 2000)

(Ord. No. 757, § 1, 10-14-2019)

Prior to beginning any excavation and upon the request of the director of public works or the director's designee, a permittee shall provide at least seventy-two hours advance written notice to the Central County Fire, Police and Public Works Departments of the town and to immediate neighbors and any other appropriate party, as identified by the director of public works or the director's designee.

(Ord. 661 § 9 (part), 2005; Ord. 614 § 4 (part), 2000)

A. All applications under this chapter shall be made in writing to the director of public works or the director's designee, on the form provided, describing the proposed ROW activity and setting forth its precise location, together with a general explanation of what sewers, pipes, drains, conduits, culverts, gutters, curbs, pavements, sidewalk/parking strips, and green infrastructure measures will be involved and how they will be affected. Upon request, the applicant shall also furnish plans and specifications for the ROW activity.

B. At the time of filing the permit application, the applicant shall pay a permit fee in an amount established from time to time by resolution of the city council to cover the town's administrative costs (including, without limitation, the costs of inspection under Section 12.04.070).

C. Prior to receiving the encroachment permit for the ROW activity, the applicant shall pay the performance deposit (as defined in Section 12.04.060), if applicable.

D. A copy of the encroachment permit shall be kept at the site of the ROW activity.

(Ord. 614 § 4 (part), 2000)

(Ord. No. 757, § 2, 10-14-2019)

Any individual or entity who begins any ROW activity without first obtaining the encroachment permit required under this chapter shall pay, in addition to other applicable fees, a penalty fee of one hundred percent of the permit fee.

(Ord. 614 § 4 (part), 2000)

The director of the public works department or the director's designee may, prior to granting the encroachment permit pursuant to this chapter, require the applicant to deposit a bond or sum of money ("performance deposit") in an amount which, in the good faith judgment of the director of the public works department or the director's designee, will cover the estimated cost of the ROW activity. In the event and to the extent that the ROW activity is not properly and timely completed in accordance with the permit application and applicable law or if a potential or actual hazardous or injurious (to persons or property) condition results from the ROW activity and town staff is required to remedy the problem, the director of the public works department or the director's designee may cause the ROW activity to be completed or rectified using all or part of the performance deposit, as needed. Otherwise or to the extent that the performance deposit is not needed to complete or rectify the ROW activity, the performance deposit shall be returned to the applicant upon completion of the ROW activity in accordance with the permit application and applicable law (which shall be deemed to include having the site returned to a clean and tidy condition).

(Ord. 614 § 4 (part), 2000)

Any ROW activity may be inspected as needed by the director of the public works department or the director's designee. Additional inspections may be required by other departments of the town.

(Ord. 614 § 4 (part), 2000)

A. Any action taken or decision made by the director of public works or the director's designee under this chapter may be appealed to the city council by the party affected by filing a written appeal with the city clerk within twenty days after notice of such action or decision is mailed (or, if not mailed, otherwise communicated) to such party. The written appeal shall explain the reasons for the appeal and shall be accompanied by payment of the appeal fee in the amount established from time to time by resolution of the city council.

B. The city clerk shall set the appeal for public hearing before the next regular council meeting occurring more than fifteen days after city clerk receives the written appeal and payment of the appeal fee. The city clerk shall give notice of the hearing under the Type B notice procedure set forth in Chapter 1.20. The city council's decision shall be final.

(Ord. 614 § 4 (part), 2000)

All ROW activities shall be performed under the direction of the director of public works or the director's designee and in accordance with the permit application, town standards and applicable law.

(Ord. 614 § 4 (part), 2000)

Failure to comply with any provision of this chapter is misdemeanor.

(Ord. 614 § 4 (part), 2000)

Every permittee hereunder shall implement appropriate traffic controls for the permittee's ROW activity in compliance with the current "Manual of Traffic Controls for Construction and Maintenance Work Zones" issued by the State of California, Business, Transportation and Housing, Department of Transportation (Caltrans). The requirements of this section shall also apply to all obstacles (as defined in Section 12.04.020(A)(4)) left in any portion of any public street for any period of time (even less than forty-eight hours).

(Ord. 614 § 4 (part), 2000)

A. Whenever the director of public works or the director's designee determines (or the city council directs) that construction of a culvert or gutter, or repair of an existing culvert or gutter, or replacement of an existing culvert with a gutter is necessary in order to handle effectively the customary drainage along the side of a street fronting upon any parcel of real property in town, it shall be the duty of the owner of the property to have the construction done. The gutter or culvert involved shall be of a capacity sufficient to handle all drainage that may customarily flow through it, and if the location has been identified as an opportunity for green street infrastructure in the town's green infrastructure plan as approved by resolution of the city council, then appropriate green infrastructure measures must be included in the construction or reconstruction. The determination of the city council as to the necessity for construction shall be conclusive.

B. Before the start of construction of a new residence on any lot in the town, the director of public works or the director's designee shall determine the adequacy of any existing system of gutters, curbs or culverts along the street in front of the lot. The director of public works or the director's designee may require as a condition of the improvement of the lot, that the owner or developer (1) install curbs, gutters or culverts sufficient to complete the line of any curbs, gutters or improvements on adjoining real property, or to protect the real property in question, or to satisfy any requirements imposed pursuant to the town's current NPDES permit or green infrastructure plan approved by the city council, or (2) complete or install any related facilities (including, but not limited to, water pipes, water valves, fire hydrants, sewer clean-outs and flap gates, and storm drain inlets) usually required along the street frontage or identified as an opportunity for green infrastructure in the green infrastructure plan approved by the city council. All of the improvements listed in this paragraph and paragraph A of this section may be referred to as "Frontage improvements."

C. The director of public works or the director's designee shall notify in writing any property owner required to construct or repair frontage improvements under the provisions of subsection A or B of this section. Such notice shall be mailed by U.S. mail to the address of the owner of the property as listed in the records of the San Mateo County Assessor. If there is no response within two weeks from the date of mailing, a second notice shall be mailed by U.S. mail to the same address and to the address (if different) to which water bills for such property are sent, certified mail, return receipt requested.

D. In the event that a property owner fails to respond to the second notice within thirty days from the date of mailing (or such shorter time as set forth in subsection E of this section) or fails to have the required construction, repair or replacement completed by the deadline set forth in the notice(s) (which shall take into account the nature of the work needed, the urgency of the work, and the availability of workers to perform the work), the director of public works or the director's designee shall cause the construction or repair to be done. In such event, the cost thereof, including, but not limited to, all permit and any other administrative fees that would be been charged to the property owner or the owner's representative had the owner caused the construction or repair to be done, shall be assessed against the owner and referred to collection or recoverable in a civil action in any court of competent jurisdiction, and the judgment of the court shall include costs and a reasonable attorney's fee to be fixed by the court.

E. The time periods in subsections C and D of this section may be shortened as necessary by the director of public works or the director's designee if a hazardous condition exists which requires prompt or immediate abatement in order to protect the public health, safety or welfare. Any shortened time period shall be set forth in the notice(s).

F. Except as temporarily necessary to complete construction, repair or replacement required under this section, every owner or occupant of real property in the town shall keep any culvert or gutter located on such property clean and free at all times from all obstructions to the free passage of water.

G. 1. No person shall paint or cause to be affixed address numbers or related symbol, legend or marking upon the streets, gutters or curbs located within the town without the prior written approval of the owner of the property (a) served by the address number or related symbol, legend or marking so painted or affixed, or (b) adjoining the streets, gutters or curbs so painted or marked. Such written approval shall not create nor imply an obligation to pay for work performed unless such obligation is specifically set forth therein, in which case the amount to be paid or donated for the service shall be specifically listed on the written approval.

2. Persons engaged in the painting of address numbers, symbols, legends or markings for profit or for charity shall, before advertising, soliciting or performing such work, comply with the provisions of all resolutions and ordinances of the town pertaining to such work.

3. Painted address numbers, symbols, legends or markings shall be painted with black paint, four inches in height, stenciled and centered on a reflective, white painted, rectangular background not to exceed fifteen inches in length by six inches in height. The paint used shall be standard, highway traffic quality, quick-drying paint meeting U.S. Department of Transportation standards. The address number shall be identical to the number assigned by the city engineer.

4. The provisions of this subsection G shall not apply to employees or contractors of the town or employees of public utilities or cable television corporations (as those terms are defined under the California Public Utilities Code) when such are engaged in marking the locations of the underground utilities, valve covers, above-ground valves, or the painting of restricted parking designations or other official traffic control devices as provided under the Hillsborough Municipal Code. The provisions of this subsection G shall also not apply to construction markings on streets, curbs and gutters (for example, markings indicating the location of gas, electricity, water and sewer lines, markings indicating survey data, and similar markings) necessary to and made in connection with private construction projects.

(Ord. 654 § 14, 2004; Ord. 614 § 4 (part), 2000: Ord. 611 § 6, 2000: Ord. 466, 1989: prior code § 50.28.20(j))

(Ord. No. 757, § 3, 10-14-2019)

A. Any public street, or portion thereof, which has been constructed, reconstructed, or paved by town staff, under contract with the town or under permit, shall not be excavated or cut into if it has been overlaid with at least one inch of asphaltic concrete at any time during the five years prior to the request to excavate or cut into or has been overlaid with a slurry seal at any time during the two years prior to the request to excavate or cut into.

B. The city engineer may grant exemptions to the foregoing prohibition in order to facilitate development on adjacent properties, or to provide emergency repairs to subsurface facilities. When granting an exemption, conditions to mitigate the damage to the roadways and to ensure safe and structurally sound excavation shall be imposed by the town which may include surface grinding, sub-base repairs, asphaltic concrete overlays or slurry seals on full width and full block increments. The town reserves the right to specify additional conditions to ensure that the appearance of the work when completed shall not degrade from the appearance of the street on which the work is conducted and the surrounding area. All costs, not limited to plan review, construction inspection, material testing, bonding, and other town expenses incurred in connection therewith, shall be the responsibility of the party receiving the exemption. Receipt of the exemption shall not relieve the recipient from complying with the permit requirements of this chapter.

C. Should excavation work be planned within a public roadway section not covered by subsection A. above, the permittee shall be required to pay the Town a slurry seal in-lieu fee to cover the cost of a full roadway width slurry seal on that portion of the street affected by the permittee's excavation. This fee shall be updated yearly, approved by the city council and included in the schedule of fees and charges as included in the town's annual budget.

(Ord. No. 706, § 1, 2-11-2013)