Petaluma Municipal Code Ch. 13.14 Restrictions on Excavation in Newly Constructed or

A. There is a substantial government interest in protecting public rights-of-way from damage or failure in order

to maintain them for the convenience and use of the public and prevent unnecessary expenditure of public

resources.

B. The city desires to continue to provide all required means of access to and in the city’s public rights-of-way

which may be mandated by state or federal law and/or city law, regulation or permit to entities, including, but not

limited to, utilities, franchise operators and constructors of public improvements.

C. Excavation and trenching in public rights-of-way may result in premature road damage from compaction of

joints or patches.

D. The public health, safety and welfare is served when the city requires public rights-of-way surfaces to be

restored after trenching or cutting to their preexisting functional condition, including restoration of an equivalent

useful life of the surface of the public rights-of-way.

E. The city desires to impose reasonable restrictions upon cutting or trenching of newly constructed,

reconstructed or resurfaced public rights-of-way in order to ensure that said public rights-of-way are maintained,

restored for use by the public, protected from damage or failure and continue to serve the public for the full

useful life of the public rights-of-way surface.

(Ord. 2266 NCS §1, 2007.)

A. Emergency. An emergency under this chapter is:

1. A condition that presents an immediate danger to life or property;

2. Interruption of essential utility service;

3. Installation of utility services for buildings for which no other reasonable means of providing utility

services exists;

B. Exceptions. Exceptions, which are not subject to the prohibitions on excavation and cutting set forth in this

chapter, but which are subject to the restoration requirements of this chapter, are:

1. Work that the city is required to allow pursuant to state or federal law and/or city law or regulation or

permit.

2. Installation of automatic Lre sprinkler systems in preexisting buildings in the historic downtown business

district.

3. Work which the city’s public works director and/or city engineer or their designee(s) determine to be in

the best interests of the public.

4. Work pursuant to a development permit or entitlement authorized by the city council.

(Ord. 2266 NCS §1, 2007.)

A. For streets, alleys, and other public rights-of-way that are newly constructed, reconstructed, or resurfaced,

the following shall apply:

1. Excavation and cutting in the public rights-of-way shall not be permitted for a period of Lve years from

the date of completion of the construction, reconstruction or resurfacing.

2. If excavation or cutting is allowed as an emergency or an exception, as deLned herein, the permittee, as

a condition of approval, shall restore the surface of the public rights-of-way following excavation or cutting by

grinding two inches of existing pavement, curb-to-curb, and repaving the surface for a distance of at least

twelve and one-half feet from each side of a traverse street cut and/or up to one lane width beyond each side

of a longitudinal trench, and up to twelve and one-half feet beyond each end of a longitudinal trench, using a

properly licensed contractor.

B. For streets, alleys, and other public rights-of-way that were constructed or resurfaced using slurry seal, the

following shall apply:

1. Excavation and cutting in the public rights-of-way shall not be permitted for a period of two years from

date of completion of the slurry seal.

2. If excavation or cutting is allowed as an emergency or an exception, as deLned herein, the permittee, as

a condition of approval, shall restore the surface of the public rights-of-way after cutting or excavation by

applying a type II slurry using a licensed road slurry contractor over the surface, curb-to-curb, from each side of a traverse street cut; and/or up to one lane width beyond each side of a longitudinal trench and up to

twelve and one-half feet beyond each end of a longitudinal trench.

3. The extent or amount of reconstruction, resurfacing or slurry seal application required shall be that

which, in the determination of the city’s director of public works or city engineer, or their designee(s), is

required to return the public rights-of-way to as good a condition as existed before the excavation or cutting

work, in the sense of restoring the functional condition of the public rights-of-way and ensuring that the

useful life of the public rights-of-way is no shorter after the excavation and cutting than before. The decision

of the city oNcial making this determination shall be Lnal.

(Ord. 2266 NCS §1, 2007.)

The city shall post on the city of Petaluma website a list of public rights-of-way that are scheduled for paving,

reconstruction, or resurfacing in the next two years, as well as a list of public rights-of-way that are newly paved,

reconstructed or resurfaced and subject to the provisions of this chapter, together with the date of completion for

each listed public rights-of-way project. Property owners, utilities and the general public shall have access to the

listed information on the website. Prior to the commencement of a public rights-of-way resurfacing or

reconstruction project, the city will make every eOort to notify adjacent property owners of the restrictions

imposed by this chapter. (Ord. 2266 NCS §1, 2007.)

The provisions of this chapter supplement and are in addition to the requirements of Chapter 13.12. No permit for

excavation shall be issued pursuant to Chapter 13.12 except in conformation with the provisions of this chapter.

(Ord. 2266 NCS §1, 2007.)