Rancho Santa Margarita Municipal Code Ch. 11.07 Encroachment Excavation, Filling and Obstruction of Highways

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

County means the County of Orange, California.

Highway means the entire public right-of-way of any public highway, public street, public way, or public place in the City that has been acquired by the City by purchase, dedication, or condemnation proceedings.

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

(OCC § 6-3-27)

No person shall permanently or temporarily encroach upon, block, or otherwise interfere with the intended use of the highway, or dig up, plow up, remove, or break the earth, soil, stone, pavement, or other surface of, or otherwise injure, any highway, or make or cause to be made any excavation, or construct, place upon, maintain, or leave any material or any obstruction or impediment to travel in or upon a highway, or install or maintain or cause to be installed or maintained any tank, pipe, conduit, duct, tunnel, sign or any other installation of any nature across, upon, in or under any highway, unless he shall have first obtained an encroachment permit to do so.

(OCC § 6-3-28)

Applications for permits hereunder shall be filed not less than two working days before the work is proposed to be done.

(OCC § 6-3-29)

Applications for permits required by this chapter shall be filed with the City Engineer upon printed forms to be prescribed and supplied by the City. The application shall be signed by the applicant and shall include the following minimum standard provisions:

(1) The name and address of the applicant;

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

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

(4) That the applicant agrees to indemnify, defend, and save the City, its authorized agents, officers, representatives, and employees harmless from and against any and all penalties, liabilities, annoyances, or loss resulting from claims or court action 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;

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

(6) Any additional information which the City Engineer may deem necessary for the proper disposition of the application.

(OCC § 6-3-30)

The application, at the discretion of the City Engineer, shall be accompanied by a plan signed by a registered engineer, traffic engineer, or landscape architect, showing the location, dimension, nature of the proposed encroachment, excavation, obstruction, or fill, and any other detail which the City Engineer may require.

(OCC § 6-3-31)

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

(OCC § 6-3-37)

The City Engineer may require such changes in the application respecting the location, dimensions, character, or number of the proposed encroachment, 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 the assurance of the safety of persons using the highway.

(OCC § 6-3-38)

An applicant for a permit for encroachment, improvement, construction, or repair shall pay fees for processing, engineering, and inspection as established by resolution of the City Council.

(OCC § 6-3-41; Ord. No. 3077, § 2, 8-1-1978)

(a) In cases where the applicant is granted authority to perform the work required under the permit, the City Engineer, in order to insure the completion of said repairs in a satisfactory manner, may require the applicant to furnish a surety bond and/or provide a cash deposit. Such bond shall be executed by a surety company authorized to transact business in the State of California. The bond or cash deposit shall be in an amount determined by resolution of City Council in conjunction with the establishment of fees. The condition of said bond shall be that the applicant will perform the work authorized by any permit issued pursuant to this chapter in a good and workmanlike manner and to the satisfaction of the City Engineer.

(b) The amount of a cash deposit shall be determined by resolution of the City Council in conjunction with the establishment of fees.

(OCC § 6-3-47; Ord. No. 98-15, § 63, 12-8-1998)

At the discretion of the City Engineer, the applicant may make and maintain with the City a general deposit in an amount estimated by the City Engineer to be reasonably sufficient to pay for the cost of permit issuance fees, inspection fees, and expected repairs occasioned by future excavations or obstructions.

(OCC § 6-3-48; Ord. No. 98-15, § 63, 12-8-1998)

Whenever in this chapter 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 15 percent of the total cost.

(OCC § 6-3-49)

If a public agency files with the City Engineer a written guarantee of payment of all costs for which they may become liable to the City 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.

(OCC § 6-3-50)

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

(b) The City is under no obligation to approve an application that is not in the best interest of the City or of public safety.

(c) If an application submitted by a state franchised video service provider or cable operator is denied, the City Engineer shall provide a detailed explanation of the reason for denial. Within ten days of the date of notice of denial, the applicant may file a written appeal with the City Clerk. The City Clerk shall schedule an appeal hearing before the City Manager to be held within 30 days of receipt of the request. If the City Manager upholds the decision to deny the application, within ten days of the date of notice of denial, the applicant may file a written appeal with the City Clerk. The City Clerk shall schedule a hearing on such appeal before the City Council to be held within 60 days of receipt of the request. The decision of the City Council shall be final.

(OCC § 6-3-51; Ord. No. 07-09, § 5, 1-9-2008)

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

(1) The permit must be kept at the site of the work and be shown on demand to any authorized representative of the City or any law enforcement officer.

(2) The permit shall authorize work to be performed only as to such portion of the highway over which the City has jurisdiction.

(3) All work shall be performed in accordance with the provisions of this chapter and with all applicable laws, rules, and regulations of the City and any other public agency, and to the satisfaction of the City Engineer.

(4) The permit shall be nontransferable.

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

(6) The City Engineer, either at the time of the issuance of the permit or at any time thereafter until the completion of the work, may prescribe such additional conditions as he may deem reasonably necessary for the protection of the highway, the prevention of undue interference with traffic, or the assurance of the safety of persons using the highway.

(OCC § 6-3-57)

A permittee shall not make or cause to be made any excavation, construct, place upon, maintain or leave any obstruction or impediment to travel, pile or place any material in or upon any highway, install or maintain or cause to be installed or maintained any tank, pipe, conduit, sign, 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 City Engineer, or contrary to the terms of the permit or of any provision of this chapter.

(OCC § 6-3-58)

(a) Immediately upon completion of the work necessitating the excavation or obstruction authorized by any permit issued pursuant to this chapter, the permittee shall promptly and in a workmanlike manner refill the excavation or remove the obstruction to the satisfaction of the City Engineer.

(b) If any permittee fails or refuses to refill any excavation he has made, to remove any obstruction he has placed on any highway, or to repair any other damage done to improvements within the public right-of-way, the City may do so, and the applicant shall promptly reimburse the City the cost thereof.

(OCC § 6-3-59)

(a) Resurfacing after refilling and compacting. After completion of the refilling and compacting of the backfill material in the excavation, as specified in Section 11.07.220 and further specified in the permit, and after the removal of the obstruction, the permittee either shall promptly replace with temporary or permanent patching material, or shall 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 City Engineer.

(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 the depth of the existing pavement structural section plus one inch or as required by the City Engineer. 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 Arterial Highways) determined by the City Engineer 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 Arterial Highways) determined by the City Engineer 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 100 feet in length.

(OCC § 6-3-60)

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 City Engineer has elected to do such resurfacing or repairing, the City Engineer shall do so, and the permittee shall be charged with the cost thereof computed by the City Engineer as provided in Section 11.07.080 or Section 11.07.110 of this chapter, whichever in the judgment of the City Engineer will most fairly compensate the City for the expenses incurred by it.

(OCC § 6-3-61)

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 City the cost of such additional repairs made by the City Engineer. The City Engineer, at his discretion, may give the permitee the opportunity to repair the work at permitee's own cost.

(OCC § 6-3-67)

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, unless specifically allowed by the City Engineer.

(OCC § 6-3-68)

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

(OCC § 6-3-69; Ord. No. 3721, § 1, 7-12-1988)

(a) General compaction requirements. All backfill replaced in excavations within the road right-of-way shall be compacted until the relative compaction within six feet of the top surface is not less than 90 percent and below six 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.

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

(2) In lieu of backfilling with clayey material, the permittee, at his option, may elect to furnish sandy or granular material, less than 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.

(1) 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.

(2) 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.

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

(4) Excess and nonsurfacing materials that adhere to roadway surfacing as a result of construction operations shall be removed by approved methods to the satisfaction of the City Engineer.

(OCC § 6-3-70)

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

(1) Issuance fee. The permit issuance fee if it has not otherwise been paid.

(2) Additional repair costs. The cost to the City of any additional repairs as provided in Section 11.07.190 of this chapter.

(3) Inspection costs. The inspection fees provided for in Section 11.07.080 shall be presumed to be the actual cost of inspection, and a refund thereof shall not be made to any applicant.

(4) Engineering and inspection costs. Engineering fees will be charged by the City for services rendered pursuant to this chapter. Inspection costs will also be paid for by the applicant as provided for in Sections 11.07.080 and 11.07.230.

(5) Penalties. Unpermitted work shall be subject to additional fees in accordance with the City Council adopted fee schedule.

(6) Actual or unusual costs. The City reserves the right to provide service on an actual cost basis or otherwise modify fees for unusual circumstances.

(7) Refunds. After making the deductions specified above, the City, unless the deductions are made from a general deposit, shall 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 City Engineer 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.

(OCC § 6-3-71)

If any deposit is insufficient to pay all fees and costs herein provided, the permittee shall, within 15 days of demand, pay the deficiency.

(OCC § 6-3-77)

If a permittee fails to pay any deficiency as provided in Section 11.07.240 or fails to pay any other costs due to the City hereunder for which no deposit has been made, the City may recover the amount by an action in any court of competent jurisdiction. Until such deficiency or cost is paid in full, further permits issued under this chapter shall not be issued to such permittee.

(OCC § 6-3-78)

Nothing in this chapter 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 City are closed, if the person making such excavation obtains a permit therefor within one day after the offices of the City Engineer are first opened subsequent to the making of such excavation.

(OCC § 6-3-79)

No permit shall be approved for encroachment onto any property owned by the City for any purpose whatsoever unless the applicant provides proof of insurance coverage for bodily injury and property damage in a form and in an amount acceptable to the City Manager. In fixing the form and amount of such insurance requirement, the City Manager shall take into consideration the nature and extent of the proposed encroachment. The City Manager may waive the requirements of this section if he determines that the proposed encroachment will not constitute any significant possibility of City liability.

(OCC § 2-7-1; Ord. No. 3634, § 1, 5-26-1987)

As directed by the City Engineer, all traffic control devices, procedures, including, but not limited to street closures, related material, and equipment shall conform to the requirements of the Manual on Uniform Traffic Control Devices (MUTCD) California Supplement, as may be revised.

(Ord. No. 10-01, § 4, 2-24-2010)