San Anselmo Municipal Code Ch. 3 Street Excavations

As used in this chapter, "applicant" shall mean any person by whom an application is made for a permit or to whom shall be issued a permit pursuant to the provisions of this chapter.

(§ 2, Ord. 312)

It shall be unlawful for any person to cut, open, excavate, or tear up any portion of any street or other public thoroughfare within the Town for the purpose of laying, replacing, or repairing any pipe, conduit, or sewer therein, or for any other purpose whatsoever, without first obtaining a written permit therefor from the Director of Public Works and making the deposit required by the provisions of Section 7-3.04 of this chapter.

(§ 3, Ord. 312, as amended by § 3, Ord. 802, eff. June 11, 1981)

Any person desiring to cut, open, excavate, or tear up any portion of any street or other public thoroughfare within the Town for the purpose of laying, replacing, or repairing any pipe, conduit, or sewer therein, or for any other purpose whatsoever, before proceeding with such work, shall file with the Director of Public Works a written application for a permit to proceed with the work contemplated, which application shall set forth the work contemplated with reasonable certainty and contain a covenant and agreement on the part of the applicant to hold the Town harmless from any damages claimed for injuries suffered by any person sustained by reason of such work or improvement.

(§ 4, Ord. 312, as amended by § 3, Ord. 802, eff. June 11, 1981)

The Director of Public Works, before issuing any such permit, shall estimate the length of the proposed excavation or opening and shall require a deposit from the applicant in such amount as the Director of Public Works may establish. Such deposit shall be held and applied by the Director of Public Works to defray the cost of resurfacing such opening or excavation in the event the permittee fails to complete the work in a timely manner.

(§ 5, Ord. 312, as amended by § 1, Ord. 614, eff. April 22, 1971, and § 3, Ord. 802, eff. June 11, 1981)

Upon the receipt of such deposit, the Director of Public Works shall issue a written permit to the applicant to do and perform the work necessary to perform in accordance with the application for the permit.

The Director of Public Works may attach such conditions to the permit as he deems appropriate or require a special permit requiring the person obtaining the permit to comply with such conditions as the Director of Public Works deems necessary under the particular circumstances.

(§ 6, Ord. 312, as amended by § 1, Ord. 667, eff. February 26, 1974, and § 3, Ord. 802, eff. June 11, 1981)

(§ 7, Ord. 312; repealed by § 3, Ord. 802, eff. June 11, 1981)

All backfilling and resurfacing shall conform to the current editions of the Standard Specifications, Cities of Marin and County of Marin; the Uniform Construction Standards of the Cities of Marin and County of Marin; and the requirements of the Director of Public Works.

(a) In the case of the special permits required by the provisions of Section 7-3.05 of this chapter, a security bond or cash bond, in an amount established by the Director of Public Works, may be required as a condition of the issuance of such special permit. Such bond, if required, shall be for the purpose of insuring full and complete restoration of the street right-of-way. If the work is not completed by the date specified in the special permit, such bond may be forfeited and the work of back-filling and resurfacing done by the Town with the cost thereof deducted from the bond.

(b) If, in the opinion of the Director of Public Works, the scope of the work is such that a Town inspector is required for the project, either full-time or part-time, a fee shall be charged as required to cover the costs of such inspections. The amount of such fee shall be established by the Director of Public Works based on the estimated actual cost to the Town for the required inspections.

(§ 8, Ord. 312, as amended by § 2, Ord. 667, eff. February 26, 1974, and § 3, Ord. 802, eff. June 11, 1981)

(§ 9, Ord. 312, as amended by § 3, Ord. 667, eff. February 26, 1974; repealed by § 3, Ord. 802, eff. June 11, 1981)

Any person having occasion to deposit or maintain on any portion of any street or sidewalk any building material, lumber, debris, or other material of any kind shall cause the same to be barricaded and marked in accordance with the current construction safety orders of the Division of Industrial Safety of the State and as may be required by the Director of Public Works.

(§ 10, Ord. 312, as amended by § 3, Ord. 802, eff. June 11, 1981)