Rialto Municipal Code Ch. 11.04 Improvements

Footnotes:

--- (2) ---

For statutory provisions regarding encroachment on public property or public ways, see Gov. Code § 38775.

The following words and phrases, for the purpose of this chapter, mean as defined in this section:

A. "City engineer" means the city engineer of the city of Rialto.

B. "Person" means any person, firm, corporation, institution or government agency.

C. "Street" means any public street, alley, court, easement and other public places.

D. "Standard drawings and specifications" mean standard drawings and specifications of the city approved for the construction of street improvements conforming with the master plan of streets and highways.

E. "Improvements," as used in this chapter, includes, but is not limited to, making, constructing, installing, replacing, and repairing sidewalks, curbs, gutters, cross-gutters, driveways, sewers, storm-drains, manholes, catch basins, paving, concrete structures, gas facilities, water facilities, telephone facilities, electrical facilities, community antenna television facilities and street light facilities. "Improvements" as used in this chapter also includes all construction or installation of telephone poles, electrical poles, or community antenna television poles, signs, decorative planter boxes or other work within the street right-of-way.

F. "Construction permit" means written authorization from the city engineer for constructing, replacing or repairing sidewalks, curbs, gutters, cross-gutters, driveways, sewers, storm drains, manholes, catch basins, paving, grading, culverts and appurtenant work.

G. "Street opening permit" means written authorization from the city engineer for excavation within the street right-of-way for the installing, constructing, replacing or repairing of gas facilities, water facilities, telephone facilities, electrical facilities, community antenna facilities, street light facilities and appurtenant work.

H. "Utility pole permit" means written authorization from the city engineer for the installation, replacement or relocation of telephone poles, electrical poles, community antenna television poles, or street light poles and appurtenant work.

I. "Encroachment permit" means written authorization from the city for the installation, replacement or relocation of signs, awnings, decorative planter boxes or other facilities within the street right-of-way that are owned by private individuals or corporations including all appurtenant work.

(Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 1)

It is the duty of the city engineer to receive applications for permits, including construction permits, street opening permits, utility pole permits and encroachment permits, and to collect and account for the fees fixed by law for the issuance of the permits, and to issue the permits for the work of grading and paving streets, sidewalks, and alleys, and of constructing and installing curbs, gutters, culverts, drains, drainage systems, sanitary sewers, utilities, signs, planters and appurtenant work. Permits are issued to public agencies, public schools, contractors performing work under contract with the city and utilities performing relocation work required as part of a city contract free of charge by the city engineer upon receipt of a proper application. Permits issued by the city engineer are not transferable under any circumstance.

(Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 2(A))

No person shall grade, prepare subgrade, pave, lay sewer or drain pipe, construct curbs, gutters, driveways, sidewalks, manholes, catch basins or similar structures in any street, alley-way or easement, which street, alley-way or easement, is dedicated or proposed to be dedicated for public use, within the city, without first obtaining a written construction permit from the city engineer.

(Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 2(B))

No person shall tear up, excavate, open or remove any part of any street or right-of-way for the installing, constructing, replacing or repairing of gas, water, telephone, electrical, community antenna, street light facilities and appurtenant work without first obtaining a written street opening permit from the city engineer.

(Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 2(C))

No person shall install, replace or relocate telephone poles, electrical poles, community antenna television street light poles and appurtenant work without first obtaining a written utility pole permit from the city engineer.

(Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 2(D))

A. Street Opening Permits. The city engineer may issue an annual blanket permit for the purpose of placing, replacing or repairing any facility within a public place where the opening or excavation does not exceed two feet in width and ten feet in length and other miscellaneous excavations approved by the city engineer to the following:

1. A public utility regulated by the Public Utilities Commission of the state of California;

2. A person holding a franchise from the city.

The fees as indicated in Section 11.04.140 for the inspection and compaction testing are accumulated and billed to the permittee on a quarterly basis.

B. Utility Pole Permits. The city engineer may issue an annual blanket permit for the purpose of replacing telephone poles, electrical poles, community antenna television poles, and appurtenant work.

The fees as indicated in Section 11.04.150 for the inspection and compaction testing are accumulated and billed to the permittee on a quarterly basis.

(Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 2(E))

No person shall excavate, construct improvements, grade, or encroach within any public right-of-way of the city of Rialto unless and until such person first obtains and keeps in force and effect a valid encroachment permit issued pursuant to the terms of this chapter. All contractors, subcontractors or other workers operating in the public right-of-way upon streets and highways in the city of Rialto must operate within the street work zone safety rules and regulations as adopted by the city council under Resolution Number 4938.

(Ord 1339 § 1, 2003; Ord. 1292 § 1 (part), 1999)

For any encroachment permit issued within the public right-of way, proof of a bond and liability insurance shall be posted in an amount and form satisfactory to the city engineer to insure timely completion of work and to cover damages and liability caused by the work.

(Ord. 1292 § 1 (part), 1999)

Before obtaining an encroachment permit, the applicant must file with the city engineer a written application on forms provided by the city. The permit shall be subject to all provisions contained within the application, the city of Rialto standard specifications, standard drawings, special provisions, and design standards, and such other conditions as maybe imposed by the city engineer at the time of application. Street work zone safety (traffic control) rules and regulations are a required part of every encroachment permit issued by the city of Rialto.

(Ord. 1339 § 2, 2003; Ord. 1292 § 1 (part), 1999)

A. The city engineer shall issue a permit to encroach upon the public right-of-way of the city of Rialto only if an applicant for such a permit can demonstrate that:

1. There is a need to use the city right-of-way for the applicant's proposed use;

2. The issuance of a permit will not be detrimental to the public health, safety and welfare;

3. The applicant will comply with, or be capable of complying with, all the terms, conditions, and restrictions that are incorporated in the permit; and

4. The applicant has complied with all applicable state and federal laws, and has obtained all applicable permits or certifications required under state or federal law.

5. The applicant must show evidence that he has read and understood the street work zone safety rules and regulations and has included the carrying out of these rules and regulations pertaining to the public street or highway work zone in his proposed work; and

6. By accepting the encroachment permit, the contractor, subcontractor or other worker clearly understands that city forces will maintain the work zone on an emergency basis if the responsible party is unable to or refuses to maintain same. The city will charge the responsible party for the emergency services and any materials used.

B. The city engineer shall, in his or her discretion, have the discretion to require the applicant to disclose information regarding and to comply with conditions relating to the following, as a condition of permit issuance:

1. The applicant's proposed use of any lines, pipes, wires, cables, conduits, or other equipment in the right-of-way;

2. The quantity of applicant's proposed installation of lines, pipes, wires, cables, conduits, or other equipment in the right-of-way;

3. The quantity of applicant's proposed installation of lines, wires, cables, conduits, or other equipment which will be solely used for provision of telephone service which are currently certified by the Public Utilities Commission of the state of California;

4. The specific dates applicant intends to begin using any lines, wires, cables conduits, or other equipment in the right-of-way;

5. The location of all of applicant's existing lines, wires, cables, conduits, or other equipment in any city of Rialto right-of-ways;

6. The specific safety measures applicant proposes to use while applicant is excavating or obstructing any right-of-way;

7. The specific timetable for the proposed construction; and

8. The precise location of the proposed trenching and the exact depth of said proposed trenching.

(Ord. 1339 § 3, 2003; Ord. 1292 § 1 (part), 1999)

A. Upon discovering that the permittee has potentially failed to comply with one or more of the terms, conditions or restrictions incorporated in the permit, or upon discovery that the permittee has provided false or misleading information, the city engineer shall revoke the encroachment permit. Upon the revocation of an encroachment permit, the permittee must immediately cease and desist from encroaching on or in the public right-of-way of the city of Rialto.

B. The city engineer shall revoke any encroachment permit upon determining that the permittee has failed to comply with one or more of the terms, conditions or restrictions incorporated in the permit, or upon discovery that the permittee has provided false or misleading information. Upon the revocation of an encroachment permit, the permittee must immediately cease and desist from encroaching on or in the public right-of-way of the city of Rialto.

C. No permittee who has been determined by the city engineer to be in violation of any of the terms, conditions or restrictions of an encroachment permit issued to such permittee shall be eligible to receive an encroachment permit from the city of Rialto for a period of one year following the date of such determination, unless this restriction is waived by the city engineer.

D. The willful disregard of a request to maintain the work zone traffic control devices in a reasonable manner in conformance with the street work zone safety rules and regulations will constitute a misdemeanor with a penalty of up to six months in jail or a fine of one thousand dollars or both.

(Ord. 1339 § 4, 2003; Ord. 1292 § 1 (part), 1999)

Unless otherwise exempted by existing law or contractual agreement, every person shall pay a fee to the city of Rialto prior to issuance of an encroachment permit. The fee shall be determined as follows:

A. From time to time the city council will approve by resolution a fee schedule for certain types of encroachment permit applications;

B. For permit applications which are not defined in the list of fees approved from time to time by the city council, the amount of the permit fee will be determined by the city engineer, and may take into account any of the following factors:

1. The nature of any new lines, pipes, wires, cables, conduits, or other equipment to be installed in the right-of-way;

2. The quantity of applicant's proposed installation of lines, pipes, wires, cables, or conduits in the public right-of-way;

3. The quantity of applicant's proposed installation of lines, pipes, wires, cables, conduits, or other equipment which are not currently certificated by the Public Utilities Commission of the state of California;

4. The specific dates applicant intends to begin using any lines, pipes, wires. cables, conduits, or other equipment in the right-of-way;

5. The anticipated future cost to the city of any predictable accelerated degradation of the street surface caused by the proposed excavation or encroachment;

6. The anticipated cost to the city of any staff time required to ensure the safety of the roadway, the coordination of the application with other applications, or the proper restoration of the street surface;

7. Whether the timing of the application may be coordinated with all existing excavation or encroachment in the same location by the city or another application; and

8. Any other expense which is reasonably related to the additional cost the city may incur as the direct result of the application, or which is allowed under existing state and federal law.

(Ord. 1292 § 1 (part), 1999)

Any permit issued by the city under this chapter which permits the applicant to excavate, construct improvements, grade, or encroach within any public right-of-way shall also permit the city to utilize the right-of-way for its own purposes during the same time period as the applicant's use. The city may extend the proposed time period of the applicant's proposed use of the right-of-way to suit its own purposes.

(Ord. 1292 § 1 (part), 1999)

A. Any person aggrieved by the city engineer's decision to deny or revoke an encroachment permit application or to impose a fee on an application granted under this chapter must first appeal to the planning commission within ten days after receiving notification of the city engineer's decision. A request for appeal must be filed with the city clerk, and a hearing before the planning commission will be scheduled within a reasonable time after the filing of the appeal.

B. Any person aggrieved by the planning commission's decision with respect to the issuance, denial, or revocation of an encroachment permit or permit application or with respect to the imposition of a fee on an application granted under this chapter may appeal to the city council within ten days after receiving notification of the planning commission's decision. A request for appeal must be filed with the city clerk, and a hearing before the city council will be scheduled within a reasonable time after the filing of the appeal.

(Ord. 1292 § 1 (part), 1999)

It is the duty of the city engineer to inspect the work of grading and paving streets, sidewalks and alleys, and of constructing curbs, gutters, culverts, drains, drainage systems, sanitary sewers, utilities, signs, and planters, and appurtenant work, which is being done under such permits, either by a contractor pursuant to contract with the city, or any board, or department thereof, or by any contractor pursuant to contract with any person acting in a private capacity, or which is being done by any person acting in a private capacity without contract. He/she makes such inspections from time to time as he/she may consider necessary, and makes and keeps a record of the manner in which the work is being performed.

(Ord. 1234 (part), 1995: Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 2(G))

The city engineer is authorized and empowered to suspend the permit issued by him/her for the performance of any work which is not being done in accordance with the plans and specifications.

(Ord. 1234 (part), 1995: Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 2(H))

A. The city requires that all public work performed under permits authorized by the city conform to standard drawings and specifications adopted by the city and that all materials of construction and their use in the erection, installation, alteration, repair, removal, conversion, demolition, and construction of public works improvements in the city be regulated by the city.

B. To carry out such requirements, the provisions of the latest edition of the "Standard Specifications for Public Works Construction," and supplements, prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of California and the city of Rialto standard construction drawings, including any minor revisions prepared by the city of Rialto development services department, are adopted as applicable to all public works construction.

C. A copy of the Standard Specifications for Public Works Construction as promulgated by the American Public Works Association and the standard drawings and specifications of the city of Rialto, as adopted by the city council, shall be on file at all times in the office of the city clerk.

D. Permits to perform work pursuant to this chapter will be issued only to state licensed contractors having a current city business license or to any person having specific authority to occupy the public place for which the permit is sought. Prior to issuance of any permit the applicant is required to file and maintain with the development services department unexpired certificates of public liability and property damage insurance in the minimum amounts of two hundred fifty thousand dollars each person and five hundred thousand dollars each accident for death or injury and one hundred thousand dollars property damage. Provided, however, that public utilities operating under the supervision of the Public Utilities Commission, public utilities holding a franchise from the city, city departments and other governmental agencies may be relieved of the obligation of submitting such a certificate of public liability and property damage insurance by the city engineer.

E. No person performing work under this chapter shall fail, neglect or refuse to remove all unused materials and debris within three days after completion of the work covered by the permit from any street, alley-way, or easement which is or is proposed to be dedicated for public use. Such failure or neglect constitutes authority of the city engineer to order necessary removal at the expense of the permittee. The city engineer may refuse issuance of permits to persons failing to reimburse the city for the expense so incurred.

F. The material used in the construction work may be stored on adjacent public property during the course of construction; provided, that the same are so placed and safeguarded by lights, warning signs and barricades as not to constitute a hazard to public peace and safety. If the city engineer finds that adequate safeguards have not been placed or maintained, he/she may order correction thereof at the permittee's expense. The city engineer may refuse issuance of permits to persons failing to reimburse the city for the expense so incurred.

G. No driveway approach shall cross over a lot line as extended, without the consent of the city engineer.

H. Raw materials and workmanship for work provided under this chapter shall conform to applicable provisions as determined by the city engineer.

I. All paving installed between the curb and the property line shall be Portland cement concrete in accordance with the standard drawing and specifications of the development services department.

J. Any person doing work under this chapter shall cause all such work to be inspected by the city engineer's office and notify the engineering division twenty-four hours before start of work; exclusive of Saturday, Sunday and holidays, except in the case of emergencies as determined by the city engineer. Work completed without such notice of request for inspection will not be accepted by the city. All work to be performed under this section shall be to the satisfaction of the city and in accordance with laws of the city and state and under the supervision of the city engineer or his/her authorized inspectors.

(Ord. 1234 (part), 1995: Ord. 670 § 1, 1974; Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 2(I))

A. The permits and fees provided for by this chapter are only for the construction or reconstruction and inspection of the improvements herein specified in streets, alley, easements or ways. The provisions of this code and other city ordinances relating to permits, fees, charges and inspections in connection with other work and improvements at locations outside of streets, alleys, easements, and ways, are not affected by this chapter.

B. The fees required by this chapter are distinct from the connection fees and service charges imposed by other provisions of this code and other ordinances or by department rules and regulations.

C. The fees imposed by this chapter for the inspection of work which is to be financed or paid for wholly from city funds are waived, and the permit for such work, which is required by this chapter, is issued without payment of the inspection fees imposed hereby. Other fees are not waived and shall be paid.

(Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 2(J))

It is not the intent of this chapter to require multiple permits for the performance of work of a singular nature, e.g., work performed under a street opening permit includes all necessary backfill and paving as appurtenant work.

(Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 2(K))

The fees for permits for the construction, repair or alteration of sidewalks, curbs, gutters, driveways, subgrades, pavement, sewers, manholes, catch basins and other structures, and for excavating, laying and backfilling sewer and drain pipe lines, for which work specifications, grades and lines have been approved by the city engineer shall be based upon the reasonable cost of the work and services required as established by resolution of the city council. Before issuance of any permit, the applicant shall deposit such amount with the city engineer.

Where work or installation is commenced, carried on, or completed prior to obtaining a permit required by Section 11.04.030 the fees specified in this section are doubled. The payment for such additional fee shall not exempt any person from compliance with this chapter nor from any other penalty prescribed by law.

(Ord. 719 (part), 1977: Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 3(A))

The fees for permits for the tearing up, excavating, opening or removing any part of any street or right-of-way for the installing, constructing, replacing or repairing of gas facilities, water facilities, telephone facilities, electrical facilities, community antenna facilities, street light facilities and appurtenant work are computed and determined by the city engineer in accordance with the schedule of fees as from time to time prescribed by resolution of the city council.

Where work or installation is commenced, carried on or completed prior to obtaining a permit required by Section 11.04.040, the fees specified by council resolution shall be doubled (except that work done as emergency repair as determined by the city engineer is not subject to the double fee). The payment for such additional fee shall not exempt any person from compliance with this chapter nor from any other penalty prescribed by law. Backfill compaction testing, if required, shall be performed by the city or its materials laboratory with actual testing charges billed to the permittee.

(Ord. 1234 (part), 1995: Ord. 719 (part), 1977: Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 3(B))

(Ord. No. 1466, § 2, 8-10-10)

For streets, alleys, and public places that were constructed, reconstructed, overlaid, or sealed, the following shall apply:

A. Non-emergency street cuts will not be permitted for a period of five years from the date of notice of completion of construction, reconstruction, or overlay. Non-emergency street cuts will not be permitted for a period of three years from the date of notice of completion of slurry seal.

B. Emergencies (exceptions) are defined as follows, as determined by the director of public works/city engineer:

1. Imminent endangerment life or property.

2. Interruption of essential utility service.

3. Work that is mandated by the city, state, or federal law.

4. Service for new development or new customers where no other reasonable means of providing service exists.

C. In the case of an emergency or where street cuts have been authorized by the director of public works/city engineer, within five years following the notice of completion of construction, reconstruction, or overlay; and three years following the notice of completion for a slurry seal the following shall apply:

Construction, Reconstruction, Overlay:

1. For street cuts/trenches, on a moratorium street, perpendicular to traffic lanes (a transverse street cut): The permittee will be required to grind and overlay, two inches of asphalt concrete (AC), twenty feet on both sides of the trench line and for the full width of all impacted traffic lane(s) cut; but not less than five feet from the end(s) of the trench. If the trench end(s) is less than or equal to five feet from a lane line the adjacent lane shall be included, or as directed by the city engineer. The full width of street shall be slurry sealed within the limits of the grind and overlay, or as directed by the city engineer. All work requires a properly licensed contractor. All other criteria from City of Rialto Standard Drawing No. SC-231 is applicable.

2. For street cuts/trenches, on a moratorium street, parallel to traffic lanes (a longitudinal street cut): The permittee will be required to grind and overlay two inches of AC, one-half street width minimum, for the full length of the cut/trench plus ten feet on both ends, but not less than or equal to five feet from trench edge both sides of trench, if this limit encroaches into adjacent lane, the other half of the street, then the full lane width shall be included, or as directed by the city engineer. The full width of the street shall be slurry sealed, within the limits of the grind and overlay, or as directed by the city engineer. All work requires a properly licensed contractor. All other criteria from City of Rialto Standard Drawing No. SC-231 is applicable.

Slurry Seal:

3. For street cuts/trenches, on a moratorium street, perpendicular to traffic lanes (a transverse street cut): The permittee will be required to slurry seal, match existing slurry seal, twenty feet on both sides of the trench line and for the full width of all impacted traffic lane(s) cut; but not less than five feet from the end(s) of the trench. If the trench end(s) is less than or equal to five feet from a lane line the adjacent lane shall be included. All work requires a properly licensed contractor. All other criteria from City of Rialto Standard Drawing No. SC-231 is applicable.

4. For street cuts/trenches, on a moratorium street, parallel to traffic lanes (a longitudinal street cut): The permittee will be required to slurry seal, match existing slurry seal, one-half street width minimum, for the full length of the cut/trench plus ten feet on both ends, but not less than or equal to five feet from trench edge both sides of trench, if this limit encroaches into adjacent lane, the other half of the street, then the full lane width shall be included. All work requires a properly licensed contractor. All other criteria from City of Rialto Standard Drawing No. SC-231 is applicable.

(Ord. No. 1589, § 2, 5-9-17)

A. Installation at New Locations. The fees for permits for the installation at new locations of telephone poles, electrical poles, community antenna television poles, street light poles and appurtenant work are computed and determined by the city engineer in accordance with the schedule of fees as from time to time prescribed by resolution of the city council:

Utility Pole Permit Fee Schedule

Where work or installation is commenced, carried on or completed prior to obtaining a permit required by Section 11.04.050, the fees specified by council resolution are doubled (except that work done as emergency repair as determined by the city engineer is not subject to the double fee). The payment for such additional fee shall not exempt any person from compliance with this chapter nor from any other penalty prescribed by law. Backfill compaction testing is performed by the city or its materials laboratory with actual testing charges billed to the permittee.

B. Replacing Existing Poles. The fees for the annual blanket permit for replacing existing telephone poles, electrical poles, community antenna television poles, street light poles and appurtenant work are computed and determined by the city engineer in accordance with a schedule of fees as from time to time prescribed by resolution of the city council:

Utility Pole Blanket Permit Fee Schedule

(Ord. 1234 (part), 1995: Ord. 719 § 1 (part), 1977: Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 3(C))

The fees for permits for installing, replacing or relocating signs, decorative planter boxes or other facilities within the street right-of-way that are owned by private individuals or corporations are computed and determined by the city engineer in accordance with a fee schedule as from time to time prescribed by resolution of the city council:

Encroachment Permit Fee Schedule

Where work or installation is commenced, carried on, or completed prior to obtaining a permit required by Section 11.04.070, the fees specified by resolution of the city council are doubled. The payment for such additional fee shall not exempt any person from compliance with this chapter nor from any other penalty prescribed by law.

(Ord. 1234 (part), 1995: Ord. 719 § 1 (part), 1977: Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 3(D))

Any person holding a construction or street opening permit for the excavation of any street shall place on all excavations all necessary barriers, guards, lights, signs, flagmen and watchmen, advising the public of detours and construction hazards as are acceptable to the city engineer.

(Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 4(A))

Whenever any pipe for conducting water or gas, or conduits for conducting electric, community antenna television or telephone along any street are laid by any person, such pipe or conduit are laid as follows, unless special permission to the contrary has been given by the city engineer:

A. Water and gas requirements are as follows:

1. All domestic water pipe mains shall be laid at such depth that the top of such pipes is not less than thirty inches below the established grade of the street, and all gas pipe mains shall be laid at such depth that the top of such pipes is not less than thirty inches below the established grade of the street; provided, however, that in cases where the grades may not have been established, these depths shall be below the existing surface of the street.

2. Water pipes shall, where practicable, be laid a minimum of twelve feet from the centerline of the street on the southerly or westerly side thereof.

3. Gas pipes shall, where practicable, be laid six feet toward the center of the street from the curb line of the street on the northerly or easterly side thereof.

B. Sewer requirements are as follows:

1. All sewer mains shall be laid at such depth that the top of such mains are not less than six feet below the established grade of the street; provided, however, that in cases where the grades may not have been established, these depths shall be below the existing surface of the street.

2. Sewer mains shall, where practicable, be laid a minimum of five feet from the centerline of the street on the northerly or easterly side thereof.

3. Water and sewer lines should be separated as far as is reasonably possible and the water mains should be kept as far as possible above the elevation of any nearby sewer. Under normal conditions the minimum horizontal separation should be ten feet with the sewer line at least three feet below the water line. Installation in the same trench is prohibited. If because of the topography or physical conditions there is no alternative but to install water and sewer lines near each other, then special construction is necessary to the satisfaction of the city engineer. At no time shall there be less than six inches separation between water and sewer lines.

4. Sewer mains crossing above water mains shall be made self-supporting over the water main for a length equal to the width of the water main trench plus two feet measured perpendicular to each edge of the water main trench.

C. Electric, Telephone, and Community Antenna Television requirements are as follows:

1. All underground electrical, community antenna television and telephone facilities shall be installed in accordance with G.O. 128 of the state of California, Public Utilities Commission.

2. The underground electrical mains for residential service and community antenna television and telephone conduits shall, where practicable, be laid a maximum of one foot from the edge of sidewalk towards the curb and major electrical mains in the street shall be laid at a location to be determined by the city engineer.

(Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 4(B))

*Subdivision (B)(3) was editorially amended at the request of the city attorney.

Permits granted to any person under this chapter to lay pipes or other conduits, install poles or to make excavation to receive the same under the terms of this chapter, shall not mean to change, lengthen, or in any sense or manner give an indeterminate permit or franchise to any public utility or other company over and above any right or franchise which it may possess at the time or thereafter.

(Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 4(C))

The city engineer is authorized, empowered and directed to employ competent inspectors who are qualified by experience in their particular line of work. They are placed as inspectors under the charge of the city engineer on all work done under private contract or by any other kind of contract, in order to see that the work is properly done, the proper materials used, and in the proper proportions, and otherwise to supervise and inspect upon the ground the actual work under construction.

(Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 4(D))

The applicant shall backfill and pave or resurface trenches cut in the street under the immediate direction and control of the city engineer. The backfill, compaction, and resurfacing shall be performed in accordance with the Standard Drawings and Specifications and the following requirements:

A. All longitudinal trenches greater than twenty feet in length cut in streets within five years of the date of construction or more recent resurfacing shall have an eight-foot wide asphalt concrete resurfacing. The asphalt concrete shall be laid with a self-propelled mechanical spreading and finishing machine and be approximately centered along the trench centerline.

B. All excavations in streets having been constructed or resurfaced more than five years prior to the excavation need only be backfilled and resurfaced in accordance with the Standard Drawings and Specifications.

(Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 4(E))

The permittee shall not interfere with any existing facility without the written consent of the owner of the facility. If it becomes necessary to relocate an existing facility this shall be done by its owner.

No facility owned by the city shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The permittee shall arrange for the relocation or removal of all privately owned facilities. The permittee shall support and protect by timers or otherwise all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work, and do everything necessary to support, sustain and protect them under, over, along or across the work. The permittee shall secure approval of method of support and protection from the owner of the facility. In case any of the pipes, conduits, poles, wires or apparatus should be damaged, and for this purpose pipe coating or other encasement or devices are to be considered as part of a substructure, the permittee shall promptly notify the owner thereof. All damaged facilities shall be repaired by the agency or person owning them and the expense of such repairs charged to the permittee. It is the intent of this section that the permittee assume all liability for damage to facilities and any resulting damage or injury to anyone because of such facility damage and such assumption of liability is a contractual obligation of the permittee. The only exceptions are such instances where damage is exclusively due to the negligence of the owning utility or where Section 4215 of the Government Code of California is applicable. The city shall not be made a party to any action because of this section. The permittee shall inform itself as to the existence and location of all underground facilities and protect them against damage.

The city and its contractor as permittee is not required to pay for any relocation, removal or repair costs resulting from any work performed by city forces or by city contract, except for repair costs resulting from negligence on the part of the city or its contractor.

(Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 4(F))

Except as provided in subsection B of Section 11.04.240, any person obtaining a permit to erect, construct, place, or replace or relocate any building, structure, or dwelling, or to enlarge or make additions thereto shall provide for the plans and construction of curbs, gutters, sidewalks, street lights, driveway approaches, base, paving, barricades, catch basins, and drain pipe along all street and alley frontages in accordance with the standard drawings and standard specifications of the public works department.

Where existing driveway depressions or approaches are abandoned or not required for access to the property, they shall be removed and replaced with curb and gutter and sidewalk, as necessary.

In addition to the above, the applicant shall do all grading necessary to install the above improvements and shall arrange for the relocation or removal of all structures, utilities, trees, and irrigation lines within the right-of-way which interfere with the installation of the above improvements.

(Ord. 1234 (part), 1995: Ord. 1137 (part), 1991: Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 5(A))

(Ord. No. 1548, § 2, 8-26-14)

Editor's note— Ord. No. 1548, § 3, adopted August 26, 2014, repealed § 11.04.235, which pertained to exemptions and derived from Ord. No. 1145, 1991.

A. Generally. A property owner and/or applicant is required to dedicate the necessary right-of-way to construct street improvements as provided in this Chapter 11.04 whenever additional street or alley right-of-way is required to properly align the required curb, gutters, street lights, sidewalks or paving with existing or planned improvements on the same block frontage in accordance with the city's general plan, applicable specific plan, or approved master plan of street and highways or amendments thereto. Said construction shall be completed prior to the occupancy or commencement of the use of the property.

B. Exceptions. The dedication of right-of-way and construction requirements in subsection A above shall not apply whenever a building permit is issued for the following:

1. An addition to any single family residential property that increases the floor area of an existing structure by less than forty percent.

2. An addition to any multi-family residential, commercial, or industrial property that increases the floor area of an existing structure by less than ten percent, and said addition does not increase the intensity of the use of the property.

3. The remodeling of, or installation of new improvements to, an industrial or commercial property that does not involve a change of use and that is not constructed within future right-of-way of the city's general plan, applicable specific plan, or approved master plan of street and highways or amendments thereto. A project that requires a change of use, which generates additional traffic, shall not qualify for an exemption pursuant to this paragraph B.

4. The demolition of a structure.

(Ord. No. 1548, § 2, 8-26-14)

Editor's note— Ord. No. 1548, § 2, adopted August 26, 2014, amended § 11.04.240 in its entirety to read as herein set out. Former § 11.04.240, pertained to right-of-way dedication, and derived from 1965 code Title XIII, Ch. 3, § 5(B); Ord. No. 604, 1971 and Ord. No. 1137, 1991.

A. Delay. Should the city engineer determine, in his/her reasonable discretion and based upon sound engineering principles, that the public health, safety, and welfare would not be adversely affected by a delay in the completion of the construction of any street improvements until after the occupancy or commencement of the use of a property, the applicant, in lieu of having to complete said improvements within the times required under Section 11.04.240, shall enter into a written delayed improvement agreement with the city certifying that such improvements will be completed by a certain date determined by the city engineer. Additionally, a cash deposit, surety bond, irrevocable letter of credit, or such other form of surety acceptable to the city attorney in the amount equal to the cost of the improvements shall be posted with the public works department to guarantee the completion of such improvements. The city engineer is hereby authorized to execute on behalf of the city, in a format approved by the city attorney, a delayed improvement agreement authorized by this subsection A.

B. Deferral. Should the city engineer determine, in his/her reasonable discretion and based upon sound engineering principles, that the public health, safety, and welfare would not be adversely affected by a deferral of the construction of any street improvements, the applicant, in lieu of having to complete said improvements prior to the occupancy or commencement of the use of the property, shall enter into a written deferred improvement agreement with the city certifying that such street improvements will be commenced and completed at a future time when the city engineer determines that the public health, safety, and welfare or the character and development of the surrounding area necessitate the improvements. Such written agreement shall run with the land, shall bind the owner(s) and any successor(s) in interest, and shall be recorded in the San Bernardino County recorder's office. The cost of the improvements shall be the responsibility of the owner(s) or the successor(s) in interest. If the city is required to construct the improvements, all costs shall be borne by the owner or become a lien upon the property. The city engineer is hereby authorized to execute on behalf of the city, in a format approved by the city attorney, a deferred improvement agreement authorized by this subsection B.

C. Dedications required by Section 11.04.240 may not be delayed or deferred and shall be granted to the city prior to the occupancy or commencement of use of the property.

D. Appeal. Any determination by the city engineer pertaining to a delay or deferral in the construction of any street improvement may be appealed in accordance with Section 11.04.077.

(Ord. No. 1548, § 4, 8-26-14)

The chief building official or city engineer shall deny final approval and acceptance of any building or dwelling until all improvements required under this chapter are constructed or their construction is guaranteed by cash deposited with the city, suitable bond, letter of credit or deposit agreement approved as to amount by the city engineer and approved as to form by the city attorney.

(Ord. 1234 (part), 1995: Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 5(C))

Any person desiring or required to construct curbs, gutters, sidewalks, culverts, drains, driveway approaches, grading, paving, street lights, sewers or any appurtenant work thereto in a dedicated city right-of-way, shall submit engineering plans for such improvements. Such plans shall be prepared by a registered civil engineer of the state of California.

(Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 5(D))

The city engineer shall thoroughly check the plans required by Section 11.04.260, require all necessary amendments and alterations, estimate total construction cost of the improvements and indicate approval of the plans when completed.

(Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 5(E))

Plans that are made, as required by or in conjunction with any subdivision map, parcel map, record of survey, zoning, or conditional development permit proceedings or building permit are subject to a plan checking fee for the services specified in Section 11.04.270 based on the reasonable cost of the work and services required as established by resolution of the city council. Before checking of any plans, the applicant shall deposit such amount with the city engineer.

(Ord. 719 § 1 (part), 1977: Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 5(F))

In the event the city council or planning commission or any authorized agency of the city alters or requires alteration or resubmission of plans previously checked by the city engineer, no additional plan checking fee is required.

(Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 5(G))

The applicant for a permit under Sections 11.04.030, 11.04.040 or 11.04.050 shall agree to pay any additional and extra cost made necessary by the refilling or resurfacing of any trench or hole as herein mentioned; provided that the earth sinks or a depression occurs within one year from the time such trench was filled by the party holding the permit.

(Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 5(H))

The city engineer on the receipt of a written request to open any street according to the terms of this chapter may or may not grant the request for the particular place asked for. If only a portion of the street should be opened at a time he/she shall designate such place, and if the party making the request objects to the change, it may be referred to the city council by him/her, which body determines the matter.

(Ord. 1234 (part), 1995: Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 5(I))

Any person excavating or tearing up the roadbed of any street, shall cause all reconstruction of the roadbed to be inspected by the city engineer's office and notify the engineering division twenty-four hours before time set for inspection exclusive of Saturday, Sunday and holidays.

(Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 5(J))

The work for which any excavation, tearing up or opening in a street is made, shall be prosecuted with due diligence and so as not to obstruct the street or the travel thereon more than is actually required to perform the work.

(Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 5(K))

The city engineer is authorized to collect and receive the money for plan checking fees provided for in Section 11.04.280, and all money so collected is deposited by the city engineer with the city treasurer and placed by the treasurer in the general fund of the city.

(Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 5(L))

A. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed one thousand dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment.

B. The punishment for violation of the provisions of this chapter are cumulative, and in addition to any other remedies set up in this chapter.

(Ord. 1234 (part), 1995: Ord. 719 § 1 (part), 1977: Ord. 604 § 1 (part), 1971: 1965 code Title XIII, Ch. 3, § 6(B))