Napa County Municipal Code Art. II Work Performance Specifications

Any and all permits issued under the provisions of this chapter shall be subject to the provisions set out in Sections 12.04.150 through 12.04.290, and the holder of such permits must comply therewith.

(Prior code § 4110 (part))

A. Standards of Construction. All work shall conform to the standard specifications, State Department of Public Works, Division of Highways, on file in the office of the county road commissioner.

B. Supervision of Grantor. All the work shall be done subject to the supervision of and to the satisfaction of the county road commissioner.

(Prior code § 4110 (g), (h))

The party or parties to whom a permit is issued shall, whenever the same is required by law, secure the written order or consent to any work hereunder from the Railroad Commission of the state, sanitary districts, water districts, or any other public body having jurisdiction, before applying to the county, and such permit shall not be issued until and after such order or consent is first obtained and evidence thereof filed with the county road commissioner.

(Prior code § 4110 (c))

Whenever necessary to secure permission from abutting property owners, such authority must be secured by the permittee prior to making application for a permit.

(Prior code § 4110 (s))

Whenever unusual types of encroachments are desired, an investigation will be made and special provisions as may be stated on the face of the permit, in addition to the general provisions, shall apply.

(Prior code § 4110 (w))

Before starting work on which an inspector is required, the permittee shall notify the county road commissioner at least three days before work is commenced.

(Prior code § 4110 (a))

The permit shall be kept at the site of the work and must be shown to any authorized representative of the county road commissioner on demand.

(Prior code § 4110 (b))

No excavation is to be made closer than five feet to the edge of pavement except as may be specified in the permit.

(Prior code § 4110 (m))

All work shall be planned and carried out so that there will be the least possible inconvenience to the traveling public.

(Prior code § 4110 (d))

A. Grades and Specifications. Grades and types of construction shall be as detailed by plans or stated on the face of the permit.

B. Minor Work. Grading down of small banks, small ditches, placing of awnings, and other similar minor work shall be governed by the general provisions and as detailed on the face of the permit.

C. Storage of Material. No material shall be stored within five feet from the edge of pavement or traveled way, or within the shoulder line where the shoulders are wider than five feet.

D. Care of Drainage. If the work herein contemplated shall interfere with the established drainage, ample provision shall be made by the permittee to provide for proper drainage as may be directed by the county road commissioner.

E. Borrow and Waste. Only such borrow and waste will be permitted and within the limits as set forth on the face of the permit.

(Prior code § 4110 (e), (j), (t)—(v))

A. Pipes Along Roadway. Pipes and utilities paralleling the pavement shall be located at the distance from traveled way and at such depth as specifically directed on the face of the permit.

B. Crossing Roadway. Service and other small-diameter pipes shall be jacked or otherwise forced underneath pavement without disturbing same. Pavement or roadway shall not be cut unless specifically permitted on the face of the permit.

C. Depth of Pipes. There shall be a minimum of thirty inches of cover over all pipes or conduits except as may be specifically authorized in the permit.

D. Tunneling. No tunneling will be permitted except as may be specifically set forth on the face of the permit.

(Prior code § 4110 (l), (n), (o), (r))

When required by the county road commissioner upon completion of underground or surface work, the permittee shall furnish a plan to the county road commissioner showing locations and details and connections to existing work.

(Prior code § 4110 (k))

All backfilling shall be done in accordance with Sections 12.04.040 through 12.04.080 of this chapter.

(Prior code § 4110(p))

Upon completion of the work, all refuse, timber, scraps and material shall be entirely removed and the right-of-way left in as presentable condition as before the work started.

(Prior code § 4110 (f))

The permittee shall maintain the surface over structures placed thereunder as long as the county road commissioner may deem necessary, until all signs of the trenches shall have been eliminated.

(Prior code § 4110 (q))

Whenever construction, reconstruction or maintenance work on the highway may require, any installations authorized by any such permit shall, upon order of the county road commissioner, be promptly removed and/or replaced by and at the sole expense of the permittee.

(Prior code § 4110 (i))

Every person or persons, firm or corporation making any excavation or erecting or leaving any obstruction within, under or upon the right-of-way limits of any public highway, or causing the same to be made, erected or left, shall place and maintain lights at each end of such excavation or obstruction, and at intervals of not more than fifty feet along such excavations or obstructions, from one-half hour before sunset of each day to one-half hour after sunrise of the next day, until such excavation is entirely refilled and, in the opinion of the county road commissioner, made safe for traffic, or such obstruction is removed, and every such person or persons, firm or corporation shall place and maintain barriers not less than three feet in height and bearing on front in letters not less than six inches high the word "EXCAVATION" or "OBSTRUCTIONS" or such barriers as may be approved by the county road commissioner at each end of any such excavation or obstruction at all times until such excavation is entirely refilled and in the opinion of the county road commissioner made safe for traffic, or such obstructions are removed.

(Prior code § 4104)

A. Upon the completion of work under the permit, the applicant shall promptly and in a workmanlike manner and as directed by the county road commissioner or his authorized representative, refill any and all excavations, and remove any and all obstructions in the highway or road.

B. The board of supervisors may, by resolution, adopt specifications for backfilling, compacting and resurfacing of excavated portions of public highway, or by resolution alter, amend or suspend such specifications as they may deem expedient.

C. The surface of the highway shall be replaced, restored or repaved to its original condition, and shall be made smooth, even and flush with the surrounding surface of the highway by the permittee, under the direction of the county road commissioner.

D. If any person or persons, firm or corporation making any excavation in or placing any obstruction upon any highway shall fail to refill such excavation or remove such obstruction or restore the highway to its former condition as herein directed in the manner and within the period of time set forth in the permit, the county road commissioner may do or complete the work of refilling, removing or restoring, and the permittee shall hold and secure the county free and harmless from any expense incurred thereby.

(Prior code § 4106)

The county desires to regulate the excavation and cutting of pavement of newly constructed, reconstructed, paved, surfaced, or resurfaced public roads and public rights-of-way as follows:

A. Except as provided for in this section, no excavation or pavement cutting shall be permitted in a public road or public right-of-way for a period of five years from the recordation of a notice of completion for construction, reconstruction, paving, surfacing, resurfacing, or sealing. For the purposes of this section, "construction, reconstruction, paving, surfacing, resurfacing, or sealing" shall include, but not be limited to, overlay of one inch or more of hot mix asphalt, chip seal, slurry seal coating, or micro-surfacing paving with less than one inch of new pavement.

B. Notwithstanding Paragraph A above, the public works superintendent shall, consistent with the requirements herein, have the authority to grant a waiver to the prohibition described in this section.

1. Any waiver granted pursuant to this Paragraph B shall be in writing by the public works superintendent.

2. No person or entity may begin or perform any excavation or pavement cutting on a road or public-right-of-way subject to the five-year prohibition in Paragraph A immediately above without first obtaining a waiver and any and all applicable local, state, and/or federal permit(s) required for the work to be performed.

3. A waiver shall only be considered when both of the following apply:

a. Excavation or pavement cutting is necessary as a result of one or more of the following circumstances:

i. An emergency that endangers life or property is imminent or has occurred.

ii. Interruption of essential utility service is imminent or has occurred.

iii. The work is mandated by local, state, or federal law.

iv. The work is needed to allow for repair, alteration, or construction relating to one or more buildings and no other reasonable means of completing the repair, alteration, or construction exists.

v. A situation in which no alternative course of action exists, as determined by the public works superintendent in writing setting forth the facts giving rise to the conclusion that no alternative exists.

b. The use of trenchless technology is impractical due to one or more of the following:

i. Soil conditions.

ii. Proximity of existing facilities.

iii. The impracticality of using trenchless technology strongly outweighs the damage caused by trenching and resurfacing.

4. Any person or entity requesting a waiver must do so in writing to the public works superintendent. The written request must include all of the following:

a. The location of the excavation.

b. A description of the work to be performed.

c. The reason(s) the work was not performed before the beginning of the five-year prohibition period.

d. The reason(s) the work cannot be deferred until after the five-year prohibition period has ended.

e. The reason(s) the work cannot be performed at another location that is not subject to the five-year prohibition period.

f. The applicable justification reason(s) specified in Paragraph B.3.a. immediately above and an explanation as to why the reason(s) apply.

g. The reason(s) trenchless technology cannot be utilized, consistent with Paragraph B.3.b. immediately above and an explanation as to why the reason(s) apply.

5. Notwithstanding any other provision of this section, the public works superintendent may impose any other requirements or restrictions relating to the waiver, the work to be performed, and/or repair or restoration work on the public road or public right-of-way deemed necessary by the superintendent for preservation or protection of life, safety, or property.

C. Any person or entity performing an excavation or pavement cutting consistent with Paragraph B immediately above shall repair or cause to be repaired the excavation or pavement cut with full width paving on the section of road or right-of-way where the excavation or pavement cut occurs as follows:

1. All required repairs shall be completed or caused to be completed by the person or entity issued the waiver within sixty days of completing the work for which the excavation or pavement cut was necessary.

2. For any lateral excavation or pavement cut, resurfacing must include the portion of road containing the excavation or pavement cut and a minimum of ten feet of the road on either side of the excavation or pavement cut. For the purposes of this sub-paragraph, any "pit" excavation or pavement cut shall be considered a lateral excavation or pavement cut.

3. For any longitudinal excavation or pavement cut, resurfacing must include the entire length of the excavation or pavement cut and a minimum of ten feet of the road on either side of the excavation or pavement cut, measured longitudinally.

4. Additional repair requirements shall apply to specific road types as follows:

a. Overlaid or reconstructed roads. Repair shall be performed by one of the following:

i. All lanes shall be ground down two inches and repaved with two inches of hot mix asphalt concrete; or

ii. All lanes shall be resurfaced. Resurfacing shall extend ten feet beyond the length of the road section containing the excavation or pavement cut.

b. Slurry sealed, chip sealed, or micro-surfaced roads. All lanes shall be resurfaced in kind.

D. The director of public works, or designee, shall, at all times, maintain the following information:

1. A list of all roads currently subject to the five-year prohibition provided for in this section, along with the date on which the five-year prohibition expires for each road listed.

a. Roads that have been constructed, reconstructed, paved, surfaced, or resurfaced, as defined in this section, within the five years preceding the effective date of this section shall be included in the director of public works' initial list of roads subject to the five-year prohibition until five years has elapsed from the date of completion.

2. A list of all roads that are anticipated to become subject to the five-year prohibition provided for in this section within one year, along with the date on which the project is expected to start and the date on which the five-year prohibition is expected to begin.

E. Any person or entity subject to any decision made by the public works superintendent pursuant to this section may appeal to the director of public works any such decision within fifteen days of the rendering of the decision. Any such appeal must be in writing, must include a detailed description of the grounds for the appeal, and must provide all relevant documentation necessary for the director of public works to consider the appeal. The director shall render a decision on the appeal within thirty days of receiving the request. The director's decision on the appeal shall be final.

F. It is unlawful and a public nuisance for any person or entity to violate any provision of this section, including but not limited to, failing to obtain a waiver as required, failing to obtain any permit as required, and failing to repair or cause to be repaired an excavated or cut road within sixty days of completion of the work. Such violation shall be enforceable as a misdemeanor pursuant to Napa County Code Sections 1.20.150 and 1.20.160 and may be abated as a public nuisance pursuant to the procedures set forth in Chapter 1.20 of this code, commencing with Section 1.20.010. Abatement pursuant to Chapter 1.20 may include, at the discretion of the director of public works, the repair or causing of repairs of any road or public right-of-way that has been excavated or cut, and all costs incurred by the county as a result of the repairs shall be recoverable as allowed pursuant to the provisions of Chapter 1.20.

(Ord. No. 1442, § 1, 7-23-2019)