Ojai Municipal Code Art. 4 Special Provisions for Excavation and Encroachment Permits

The provisions of this article apply to permits for the making, or causing to be made, of excavations in any public right-of-way and for the placing, constructing, repairing, changing, or removing of encroachments.

(§ 1, Ord. 645, eff. March 12, 1987)

Each applicant for an excavation or encroachment permit shall file with the application a plat showing the highways in which the proposed excavations or encroachments will be placed, together with the exact location and dimensions of the proposed excavations or the specifications and characteristics of the encroachments, together with any other details which the Director requires. When excavations are made for service connections or for the location of trouble in conduits, cable, or pipe, or for making repairs thereto, the Director may waive the filing of a plat. Approved plats shall become public records.

(§ 1, Ord. 645, eff. March 12, 1987)

All materials excavated from trenching or other encroachment operations in the right-of-way shall be piled compactly, kept trim, and maintained in such a manner as not to endanger either the workers or the general public and to cause as little inconvenience as possible to those using the right-of-way or adjacent property. In areas too narrow to permit the proper storage of materials, the Director may require that the permittee remove the materials from the encroachment site.

(§ 1, Ord. 645, eff. March 12, 1987)

A line or elevation shall not be removed or disturbed of a monument set for the purpose of preserving survey points without first obtaining permission from the Director. The replacement of a removed or disturbed monument shall be done by a registered civil engineer or a licensed land surveyor and shall be at the expense of the permittee.

(§ 1, Ord. 645, eff. March 12, 1987)

In any trenching operation, the open trench shall not be in excess of one day's work ahead of the trench work proper, unless specifically authorized by the Director.

(§ 1, Ord. 645, eff. March 12, 1987)

If the encroachment work interferes with the established drainage, the permittee shall provide for proper drainage in a manner approved by the Director.

(§ 1, Ord. 645, eff. March 12, 1987)

No open excavation shall be left within the City road right-of-way after normal working hours. At the end of each workday, all excavations within roads, parkways, medians, shoulders, and the like shall be backfilled to a smooth, level grade free of humps or depressions, satisfactory for public use and acceptable to the City, or covered by trench plates if approved by the Director.

(§ 1, Ord. 645, eff. March 12, 1987)

Temporary trenches shall be consistently maintained by the permittee or contractor during and after working hours to insure a satisfactory surface for public use and acceptable to the City. Unless permanent paving is placed immediately, temporary bituminous resurfacing two inches thick shall be placed and continually maintained wherever an excavation is made through pavement, sidewalks, or driveways.

(§ 1, Ord. 645, eff. March 12, 1987)

Trench backfill material, compaction, and resurfacing shall conform to the "Standard Specifications for Public Works Construction." Compaction testing and a written compaction report by a registered civil engineer shall be provided by the permittee or contractor as directed by the City. Saw cutting shall be required on all trenches prior to final paving.

(§ 1, Ord. 645, eff. March 12, 1987)

The permittee or contractor shall provide, and continually maintain, construction area traffic control signs, striping, properly equipped flagmen, and other traffic control devices. All traffic controls shall be in accordance with the California Traffic Manual (most recent edition). Failure to provide acceptable traffic control or to comply with any other condition of the permit will result in a job shutdown until released by the City.

(§ 1, Ord. 645, eff. March 12, 1987)

All improvements within the road right-of-way, which include road signs, road striping, road symbols, and the like, which are damaged, removed, or obliterated as a result of the permittee's work shall be repaired and/or replaced. Repairs and replacements shall be equal to, or better than, the existing improvements and shall match them in finish and dimensions.

(§ 1, Ord. 645, eff. March 12, 1987)

Where the pavement or surface has been removed, the permittee shall replace it to a thickness one inch greater than that of the surrounding pavement or surface, and in no event to a thickness less than three inches. The base course removed shall be replaced with processed base material to the same thickness as that of the surrounding base course, but in no event less than four inches. Asphalt may be substituted for the required processed base material on a ratio of one inch of asphalt for each two inches of required base thickness. When the street surface has been treated with a seal or slurry prior to the work under the permit, the seal and/or slurry shall be replaced upon the portion repaired. Shoulders shall be restored and/or treated with like materials.

(§ 1, Ord. 645, eff. March 12, 1987)

The permittee shall investigate and be aware of all existing facilities lawfully within the highways which are within the limits of his activity. The permittee shall contact the Underground Service Alert, or suggested notification center, and obtain an inquiry identification number prior to making any non-emergency excavation. The permittee shall not interfere with any existing public or private facility without the consent of its owner. If it becomes necessary to relocate an existing facility, the work shall be done by its owner to the satisfaction of its owner. The cost of moving publicly and privately owned facilities shall be borne by the permittee, unless he makes other arrangements with the owner of the facility, or unless the owner is required by his franchise or agreement to move his facility without cost.

(§ 1, Ord. 645, eff. March 12, 1987)

The permittee shall support and protect all wires, cables, pipes, conduits, poles, and other apparatus, both aerial and underground, by a method satisfactory to the owner. The owner shall have the right to support or protect any of its facilities at the sole expense of the permittee. In the event any of such wires, cables, pipes, conduits, poles, or apparatus should be damaged (and, for this purpose, pipe coating or other encasements are considered a part of a structure), they will be repaired at the expense of the permittee.

(§ 1, Ord. 645, eff. March 12, 1987)

No materials, equipment, or the like shall be left within the right-of-way without prior approval by the Director. Approval shall be indicated in writing on the encroachment permit. Equipment and materials permitted within the right-of-way shall be stored as far as practicable from the edge of pavement, with blinker light barricades if left overnight.

(§ 1, Ord. 645, eff. March 12, 1987)

Any deviation from the conditions set forth in this article shall require prior approval by the Director.

(§ 1, Ord. 645, eff. March 12, 1987)

Laterals, services, and other small diameter pipes shall be jacked, bored, or driven beneath a paved surface, unless other methods are approved by the Director.

(§ 1, Ord. 645, eff. March 12, 1987)

The minimum cover over any pipe or conduit installed under any public highway shall be 30 inches of material measured vertically from the existing or proposed flow line of the nearest gutter to the top of the pipe or conduit. If a gutter flow line is not established, the cover shall be 30 inches of material measured from the surface of the nearest outermost edge of the traveled way to the top of the pipe or conduit. Where there are existing curbs and gutters or where curbs and gutters are under construction, utilities may maintain a minimum 16 inches of cover, starting one foot back from the curb line in the parkway or sidewalk areas. The Director may permit the installation of pipes or conduits at lesser depths where the required cover cannot be provided, or where the Director determines that special construction techniques will be employed which will preclude the need for greater depth and will produce a more beneficial installation.

(§ 1, Ord. 645, eff. March 12, 1987)

With the permittee's concurrence or as an emergency measure, the Director shall have the power to order the paving of any excavation up to 100 feet in length. The permittee shall reimburse the City for the actual costs of such work.

(§ 1, Ord. 645, eff. March 12, 1987)

Immediately after the completion of the work, the permittee shall clean up and remove all materials, earth, and debris of any kind. If the permittee fails within 24 hours after having been notified to do so by the City, the work may be done by the City and the permittee charged for the costs incurred. When a pole, guystub, or similar timber is removed and not replaced, the entire length thereof shall be removed from the ground and the hole backfilled and compacted.

(§ 1, Ord. 645, eff. March 12, 1987)

Every application shall contain a statement, signed by the applicant, that if any tank, pole, pipe, cable, conduit, duct, obstruction, or tunnel placed in an excavation or encroachment for which a permit is issued interferes with the future surface use of the highway by the general public, then the applicant and his successors or assigns, at their own expense, will remove or relocate to a location satisfactory to the Director such tank, pole, pipe, cable, conduit, duct, tunnel, or obstruction. The statement signed by the applicant will not apply in cases where the applicant has an easement superior to the highway easement at the time of the application and can furnish evidence when required of such superior easement.

(§ 1, Ord. 645, eff. March 12, 1987)

Nothing in this article shall prohibit any person from maintaining by virtue of any law, ordinance, or permit any pipe, cable, or conduit in any highway or from making such excavation as may be necessary for the preservation of life or property if the person making such excavation applies for a permit not later than the next business day.

(§ 1, Ord. 645, eff. March 12, 1987)

The Director shall require all lines for the transmission and distribution of standard television or audio signals to be placed underground in highways when all power and telephone lines are underground and shall also require underground installations in all instances, except where the applicant provides satisfactory proof of permission to use existing pole lines or where the Director finds that the remoteness of the area or other conditions render an underground installation impractical or infeasible.

(§ 1, Ord. 645, eff. March 12, 1987)

The Director may establish such requirements as he may find necessary to apply to the work to be done by any person in order to prevent interference with users of the highway and with holders of other permits.

(§ 1, Ord. 645, eff. March 12, 1987)

(a) Purpose.

(1) It is in the best interest of the general public to preserve the surface of the City's roadway pavement for a reasonable period after new pavement or resurfacing is installed.

(2) The purpose of the pavement cut moratorium in this section is to protect the City's investment in its infrastructure; and to preserve the life of roadways ensuring an improved, safer traveling surface and an aesthetic appearance consistent with the Ojai General Plan for roadway surfaces that have undergone trench excavation for utilities.

(3) No entity or organization shall be exempt from the requirements of this section, including, but not limited to, utility companies, State agencies, Federal agencies, school districts, and private developers.

(b) Moratorium. Except as set forth in subsection (c), permission to excavate in a roadway shall not be granted for five years after the completion date of roadway construction, reconstruction, or maintenance, including asphalt overlays (exceeding one-half inch in thickness), and for three years after the completion date of asphalt overlays (one-half inch or less in thickness), chip seal, slurry seal coatings, micro paving of the roadway's surface. Utilities shall plan sufficiently in advance to determine alternate methods for making necessary repairs to avoid excavating newly resurfaced roadways.

(c) Moratorium exceptions.

(1) Exceptions to the moratorium in subsection (b) may be allowed at the discretion of the Director for:

(A) Emergencies which endanger life, property, or public health and safety.

(B) Interruption of essential utility service.

(C) Work mandated by City, State, or Federal legislation.

(D) Other situations deemed by the Director to be in the best interest of the general public.

(2) Where an exception is granted pursuant to this subsection, pavement restoration shall conform to these requirements:

(A) Excavations on one side of a roadway. Permittee shall grind existing asphalt down one and one-half inches beyond the edge of trench or excavation, extending from the centerline of roadway to the edge of pavement or edge of gutter, and extending six feet each way beyond the trench or excavation along the roadway. Any affected shoulder area shall be ground down one and one-half inches. All ground areas shall be paved with one and one-half inches of the same material as the previous treatment, to the satisfaction of the Director.

(B) Excavations that cross the centerline of roadway. Permittee shall grind existing asphalt down one and one-half inches beyond the edge of trench or excavation for the entire street width from the edge of pavement to the edge of pavement, extending from the centerline of roadway to the edge of pavement, or edge of gutter, on both sides of the roadway. Any affected shoulder area shall be ground down one and one-half inches. All ground areas shall be paved with one and one-half inches of the same material as the previous treatment, to the satisfaction of the Director.

(C) New curbs and gutters. Full-lane width restoration shall not be required during a curb and gutter improvement or restoration in which the Director exempted the contractor from removing and replacing no more than 24 inches of asphalt paving from the edge of gutter. City staff will provide the waiver following an inspection determining the pavement cut is smooth and straight along the gutter lip and existing asphalt.

(D) Curb and gutter replacement. Permittee shall replace existing curb and gutter in-kind extending from existing "cold joint" to existing "cold joint," and no less than one foot beyond the edge of a trench or excavation, on all sides of said trench or excavation.

(E) Sidewalk replacement. Permittee shall replace existing sidewalk in-kind extending from existing "cold joint" to existing "cold joint," and no less than one foot beyond the edge of a trench or excavation, on all sides of said trench or excavation.

(d) Excavation waiver.

(1) If a project does not qualify for an exception, a permittee may request a waiver to excavate within a roadway within five years of the completion date of roadway construction, reconstruction, or maintenance, or for three years after the completion date of asphalt overlays (one-half inch or less in thickness), chip seal, slurry seal coatings, micro paving of the roadway's surface described in subsection (b). To request a waiver, the applicant must submit a written request to the Director. The request must include:

(A) The location of the excavation.

(B) Description of the work to be performed.

(C) A statement from the applicant setting forth good cause for why the work was not performed before the roadway was resurfaced.

(D) A statement from the applicant setting forth good cause for why the work cannot be deferred until after the seven-year period.

(E) A statement from the applicant setting forth good cause for why the work cannot be performed at another location.

(2) If a waiver is granted under subsection (d)(1), any excavation in the roadway shall be repaired with full-lane paving on the street as follows:

(A) Overlaid or reconstructed roadway. All lanes that are affected shall be ground down one and one-half inches and paved with one and one-half inches of similar asphalt concrete material as the previous treatment to the satisfaction of the Director. Some roadways may require rubberized asphalt or other materials.

(B) Slurry sealed, chip sealed, or micro-surfaced streets. All lanes that are affected shall be resurfaced to the satisfaction of the Director with a treatment similar to what existed.

(C) Trenches. For trenches perpendicular to the curb face or edge of pavement, the trench shall be resurfaced for the entire trench width plus six feet on each side of the trench (i.e., 12 feet plus the width of the trench) along the entire length of the impacted lane or lanes. For trenches parallel to the curb face, the entire lane shall be resurfaced from road centerline to edge of pavement or edge of gutter along the entire length of the trench plus six feet on each end (i.e., 12 feet plus the length of the trench).

(3) Exceptions to the requirements subsection (d)(2) may be granted at the discretion of the Director to repair existing utilities not associated with a construction project in these cases:

(A) Emergencies which endanger life, property, or public health and safety.

(B) Interruption of essential utility service.

(C) Other situations deemed by the Director to be in the best interest of the general public.

(Ord. 964, 3/11/2025, eff. 4/10/2025)