Article 3 — EXCAVATION, FILLING AND OBSTRUCTION OF HIGHWAYS

The following terms as used in this article shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth:

County means the County of Orange, California.

Highway means any public highway, public street, public way or public place, in the unincorporated territory of the County which has been acquired by the County by purchase, dedication or condemnation proceedings.

Person includes any individual, firm, copartnership, joint adventure, association, corporation, estate, trust, business trust, this State, any county including this County, and all departments and bureaus thereof, except the Road Department of this County, municipality, district or other political subdivisions thereof, or any other group or combination acting as a unit.

Public agency means and includes the United States or any department or agency thereof, the State of California or any department or agency thereof, county, municipal corporation or public district.

Road Commissioner and Commissioner means the Road Commissioner of the County of Orange.

(Code 1961, § 63.031)

A person who digs up, plows up, removes or breaks the earth, soil, stone, pavement or other surface of, or otherwise injures any highway or makes or causes to be made any excavation, or constructs, places upon, maintains or leaves any material or any obstruction or impediment to travel in or upon a highway, or installs or maintains or causes to be installed or maintained any tank, pipe, conduit, duct, tunnel or any other installation of any nature across, upon, in or under any highway unless he shall have first obtained a permit so to do shall be guilty of a misdemeanor.

(Code 1961, § 63.032)

Applications for permits hereunder shall be filed not less than forty-eight (48) hours before the work is proposed to be done.

(Code 1961, § 63.033)

Applications for permits required by this article shall be filed with the Road Commissioner upon printed forms to be prescribed and supplied by him. The application shall be signed by the applicant and shall state:

(a)

The name and address of the applicant;

(b)

The location, purpose, extent and nature of the proposed excavation, fill or obstruction;

(c)

The time during which it is estimated that the excavation, fill or obstruction will exist;

(d)

That the applicant agrees to indemnify, defend and save the County, its authorized agents, officers, representatives and employees harmless from and against any and all penalties, liabilities or annoyances or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to the application;

(e)

That the applicant agrees that if any tank, pipe, conduit, duct, tunnel or other installation of any nature or kind placed in the excavation, fill or obstruction for which the permit is issued which shall at any time in the future interfere with the use, repair, improvement, widening or change of grade of the highway, the applicant or his successors or assigns, within ten (10) days after the receipt of a written notice from the Road Commissioner to do so, will at his own expense either remove such tank, pipe, conduit, duct, tunnel or other installation, or, subject to the approval of the Road Commissioner, relocate them to a site which may be designated by the Commissioner;

(f)

Any additional information which the Road Commissioner may deem necessary for the proper disposition of the application.

(Code 1961, § 63.034)

The application shall be accompanied by a plat showing the location, dimension, nature of the proposed excavation, obstruction or fill, and any other detail which the Commissioner may require.

(Code 1961, § 63.035)

Secs. 6-3-32—6-3-36. - Reserved.

If the applicant is other than the owner of the underlying fee, each such applicant for a permit shall submit to the Road Commissioner satisfactory proof of the applicant's right to use the highway for the purposes set forth in the application.

(Code 1961, § 63.036)

The Road Commissioner may require such changes in the application respecting the location, dimensions, character or number of the proposed excavations, fills or obstructions as in his opinion may be necessary for the protection of the highway, the prevention of undue interference with traffic or to assure the safety of persons using the highway.

(Code 1961, § 63.037)

The Road Commissioner may, either at the time of the issuance of the permit or at any time thereafter, elect to do the resurfacing or repair of any highway surface removed or damaged by the proposed excavation or obstruction pursuant to a permit hereunder.

(Code 1961, § 63.038)

Editor's note— Section 1 of Ord. No. 3077, enacted Aug. 1, 1978, repealed former §§ 6-3-40 and 6-3-41 setting out issuance and inspection fees and derived from Code 1961, §§ 63.039 and 63.039.1. Section 2 of said ordinance added a new § 6-3-41 to read as herein set out.

An applicant for a permit for improvement, construction and repair shall pay fees for processing, engineering and inspection as established by resolution of the Board of Supervisors.

(Ord. No. 3077, § 2, 8-1-78)

Note— See editor's note following § 6-3-40.

Secs. 6-3-42—6-3-46. - Reserved.

(a)

Unless the Road Commissioner shall have authorized the applicant to perform the resurfacing or repair of the surface of any highway which may be removed in part or damaged by the proposed excavation, fill or obstruction, each applicant shall, in addition to the issuance fee, deposit with the Road Commissioner the estimated cost of resurfacing or repairing the surface of the highway which may be damaged or destroyed. The special deposit required hereunder shall in no event be less than thirty dollars ($30.00). The estimated cost shall be determined by the Road Commissioner in accordance with the then current method of determining the estimated cost. The Board of Supervisors may from time to time change and revise the method of determining the estimated cost.

The minimum cost of restoration or repair shall be presumed to be not less than two dollars ($2.00).

(b)

In cases where the applicant is granted authority to make the repairs required under this article, the Road Commissioner may, in order to insure the completion of said repairs in a satisfactory manner, require the applicant to furnish a surety bond. Such bond shall be executed by a surety company authorized to transact business in the State of California and shall be in an amount equal to twice the estimated cost of performing the work authorized; provided, however, that the minimum amount of said bond shall not be less than one thousand dollars ($1,000.00), nor the minimum period less than one year. The condition of

said bond shall be that the applicant will perform the work authorized by any permit issued pursuant to this article in a good and workmanlike manner and to the satisfaction of the Road Commissioner.

(Code 1961, § 63.0310; Ord. No. 98-15, § 63, 12-8-98)

In lieu of making the special deposit required by section 6-3-47, the applicant may make and maintain with the Commissioner a general deposit in an amount estimated by the Commissioner to be reasonably sufficient to pay for the cost of permit issuance fees, inspection fees and expected repairs occasioned by future excavations or obstructions.

(Code 1961, § 63.0311; Ord. No. 98-15, § 63, 12-8-98)

Whenever in this article any costs are to be charged to any permittee and no other method for the calculation thereof is specified, such cost shall be the actual cost, including the proportionate part of the salaries, wages or other compensation of any deputy or employee, plus the cost of overhead, not to exceed fifteen (15) per cent of the total cost.

(Code 1961, § 63.0312)

If the United States, this State, this or any other county, any municipal corporation, school district or other public body files with the Commissioner a written guarantee of payment of all costs for which they may become liable to the County hereunder, then no deposit for costs shall be required from such persons. No permit issuance fee shall be required of any public agency entitled to exemption therefrom pursuant to section 6103 of the Government Code of the State of California.

(Code 1961, § 63.0313)

If the applicant for a permit hereunder complies in all respects with this article and with all other applicable laws, rules, regulations or ordinances of the County or of any other public agency and pays the fees and deposits required by this article, the Road Commissioner shall approve the application and issue the permit.

(Code 1961, § 63.0314)

Secs. 6-3-52—6-3-56. - Reserved.

The permit shall be subject to the following conditions which shall be stated thereon:

(a)

The permit must be kept at the site of the work and be shown on demand, to any authorized representative of the County of Orange or any law enforcement officer.

(b)

The permit shall authorize work to be performed only as to such portion of the highway over which the County of Orange has jurisdiction.

(c)

All work shall be performed in accordance with the provisions of this article and of all applicable laws, rules and regulations of the County and any other public agency and to the satisfaction of the Road Commissioner.

(d)

The permit shall be nontransferable.

(e)

The Road Commissioner may cancel the permit unless the work authorized therein is commenced within sixty (60) days of the issuance of the permit and thereafter, in the opinion of the Commissioner, is diligently prosecuted to completion. Cancellation may be effected by giving written notice thereof by sending the same to the applicant by ordinary mail to the address shown on the application.

(f)

The Road Commissioner may, either at the time of the issuance of the permit or at any time thereafter until the completion of the work, prescribe such additional conditions as he may deem reasonably necessary for the protection of the highway or for the prevention of undue interference with traffic or to assure the safety of persons using the highway.

(Code 1961, § 63.0315)

A permittee shall not make or cause to be made any excavation, or construct, place upon, maintain or leave any obstruction or impediment to travel, or pile or place any material in or upon any highway, or install or maintain or cause to be installed or maintained any tank, pipe, conduit, duct or tunnel in, upon or under the surface of any highway at any location or in any manner other than that described in the application as approved by the Commissioner, or contrary to the terms of the permit or of any provision of this article.

(Code 1961, § 63.0316)

Immediately upon completion of the work necessitating the excavation or obstruction authorized by any permit issued pursuant to this article, the permittee shall promptly and in a workmanlike manner refill the excavation or remove the obstruction to the satisfaction of the Road Commissioner.

If any permittee fails or refuses to refill any excavation which he has made or remove any obstruction which he has placed on any highway, the Commissioner may do so and the applicant shall promptly reimburse the County the cost thereof.

(Code 1961, § 63.0317)

(a)

Resurfacing after refilling and compacting. After completion of the refilling and compacting of the backfill material in the excavation as specified in section 6-3-70 and the removal of the obstruction, the permittee shall promptly replace, with temporary or permanent patching material, or repair any portion of the highway surface removed or damaged by the excavation, obstruction or construction operations as specified elsewhere herein, to the satisfaction of the Road Commissioner, or the Commissioner may at his option elect to do the surfacing or repairing himself.

(b)

Permanent repaving. Where the pavement (except portland cement concrete pavement) or surface has been removed, the permittee shall replace it with a standard repair consisting of either five (5) inches of plant-mixed surfacing or three (3) inches of plant-mixed surfacing over six (6) inches untreated rock base except that the standard repair shall not be less in total thickness than the adjacent pavement or surfacing and except that road-mixed surfacing may be repaired with three (3) inches of plant-mixed surfacing in lieu of the standard repair. Plant-mixed surfacing shall consist of mineral aggregate and liquid asphalt grade SC-6, or grade 200-300 penetration paving asphalt. If portland cement concrete pavement is removed, it shall first be sawed at the neat lines of the excavation and subsequently replaced with portland cement concrete.

(c)

Tunneling or boring. Excavation of pavement or surfacing on an arterial highway (as shown on the Master Plan of Highways) and determined by the Road Commissioner as having been improved with plant-mixed surfacing or portland cement concrete pavement, will be permitted only when physical conditions make boring or tunneling impossible. All boring and tunneling and placing conduits, casings and pipelines shall be done in such a manner that the existing driving lanes will not be disturbed. If a casing is installed to receive the conduit or pipeline, all voids between the casing and conduit shall be filled with grout or sand.

(d)

Replacing Entire Driving Lane: If the surfacing or pavement within the driving lanes of an arterial highway (as shown on the Master Plan of Highways) and determined by the Road Commissioner as having been improved with plant-mixed surfacing or portland cement concrete is removed or damaged by parallel construction operations, the existing surfacing or pavement of the width of the driving lane for the length of the damaged surfacing shall be removed and replaced except that such a removal and replacement shall in no case be less than one hundred (100) feet in length.

All materials and construction operations shall conform to the applicable provisions of the Orange County Standard Specifications.

(Code 1961, § 63.0318)

If, after the refilling of an excavation the permittee fails or refuses to resurface or repair that portion of the surface of the highway damaged by him, or if the Commissioner has elected to do such resurfacing or repairing, the Commissioner shall do so and the permittee shall be charged with the cost thereof computed by the Commissioner as provided in section 6-3-47 or section 6-3-49 of this article, whichever in the judgment of the Commissioner will most fairly compensate the County for the expenses incurred by it.

(Code 1961, § 63.0319)

Secs. 6-3-62—6-3-66. - Reserved.

If at any time subsequent to the first repair of a surface of a highway damaged or destroyed by any excavation or obstruction in such highway, it becomes necessary again to repair such surface due to settlement or any other cause directly attributable to such excavation or obstruction, the permittee shall pay to the County the cost of such additional repairs made by the Commissioner. The cost shall be computed by the Commissioner as provided in section 6-3-47 or section 6-3-49 of this article whichever in the judgment of the Commissioner will most fairly compensate the County for the expenses incurred by it.

(Code 1961, § 63.0320)

(a)

Trenching for installation across any intersecting roadway open to traffic shall be progressive. Not more than one-half of the width of a traveled way shall be disturbed at one time and the remaining width shall be kept open to traffic by bridging or backfilling.

(b)

More than one-half of the width of a traveled way shall be disturbed at one time only upon the prior authorization by Minute Order of the Board of Supervisors.

(Code 1961, § 63.0321)

The shallowest portion of any pipeline or other facility shall be installed not less than thirty (30) inches below the roadway surface unless otherwise authorized in writing by the Commissioner.

(Code 1961, § 63.0322; Ord. No. 3721, § 1, 7-12-88)

(a)

General Compaction Requirements: All backfill replaced in excavations within the road right-of-way shall be compacted until the relative compaction within six (6) feet of the top surface is not less than ninety (90) percent and below six (6) feet is not less than the adjacent undisturbed soil as determined by the Relative Compaction Test specified in section 6, article b-21 of the State Standard Specifications.

(b)

Compaction of Clayey Soils: Clayey materials shall be defined as a soil containing more than thirty (30) percent of material which will pass a No. 200 mesh screen. Clayey material replaced as backfill may not be ponded or jetted but shall be compacted as specified under general compaction requirements by any other suitable method providing the material is first conditioned by wetting or drying to within two (2) percent of optimum moisture content.

In lieu of backfilling with clayey material, the permittee at his option may elect to furnish sandy or granular material, less than thirty (30) percent of which will pass a No. 200 mesh screen in which case compaction may be obtained as specified under general compaction requirements.

(c)

Finishing and Cleanup: After the work has been completed, all debris and excess material from excavation and backfill operations shall be removed from the right-of-way and the roadway left in a neat and orderly condition.

All roadside drainage ditches shall be restored to the original grades and the inlet and outlet ends of all culverts shall be left free and clear.

All approaches to private driveways and intersecting highways and streets shall be kept open to traffic at all times.

Excess and nonsurfacing materials which adhere to roadway surfacing as a result of construction operations shall be removed by approved methods to the satisfaction of the Road Commissioner.

(Code 1961, § 63.0323)

The County shall deduct from any deposit made or maintained by the permittee:

(a)

Issuance fee: The permit issuance fee if it has not otherwise been paid.

(b)

Refilling and obstruction removal costs: The cost to the County of refilling any excavation or removing any obstruction.

(c)

Resurfacing and repair costs: The cost to the County of resurfacing or repairing the highway calculated pursuant to the provisions of section 6-3-47 or section 6-3-49 of this article.

(d)

Additional repair costs: The cost to the County of any additional repairs as provided in section 6-3-67 of this article.

(e)

Inspection costs: The cost of any inspection by the Commissioner made necessary by the failure of the permittee to comply with any provision of this article or the terms or conditions of the permit. The inspection fees provided for in section 6-3-41 shall be presumed to be the actual cost of inspection and a refund thereof shall not be made to any applicant.

(f)

Engineering and inspection costs: No engineering fees will be charged by the County for services rendered pursuant to this article. Inspection costs, however, will be paid for by the applicant as provided for in sections 6-3-41 and 6-3-71(e).

(g)

Refunds: After making the deductions specified above, the County shall, unless the deductions are made from a general deposit, refund any balance to the applicant in the same manner as provided by law for the repayment of trust moneys. The balance remaining in the general deposit shall be retained by the Commissioner and applied to the issuance fees and costs in connection with any future excavations, fills or obstructions pursuant to a permit issued hereunder unless a written demand for the balance be made by the depositor, in which event any balance therein shall be refunded in the same manner as provided by law for the repayment of trust moneys.

(Code 1961, § 63.0324)

Secs. 6-3-72—6-3-76. - Reserved.

If any deposit is insufficient to pay all fees and costs herein provided, the permittee shall, upon demand, pay to the Commissioner an amount equal to the deficiency.

(Code 1961, § 63.0325)

If a permittee, upon demand, fails to pay any deficiency as provided in section 6-3-77 or shall fail to pay any other costs due to the County hereunder for which no deposit has been made, the County may recover the same by an action in any court of competent jurisdiction. Until such deficiency or cost is paid in full, a permit hereunder shall not thereafter be issued to such permittee.

(Code 1961, § 63.0326)

Nothing in this article prohibits any person from making such excavation as may be necessary for the preservation of life or property when such necessity arises during such hours as the offices of the County are closed, if the person making such excavation obtains a permit therefor within one day after the offices of the Commissioner are first opened subsequent to the making of such excavation.

(Code 1961, § 63.0328)

A person who violates any provision of this article or of any permit hereunder is guilty of a misdemeanor.

(Code 1961, § 63.0329)

Secs. 6-3-81—6-3-90. - Reserved.