Santa Barbara County Municipal Code § 28-22 Applicability of article to subdivisions

For the purposes of this article the following words and phrases shall have the meanings respectively ascribed to them by this section:

Applicant. Any person making written application to the commissioner for an excavation permit hereunder.

Board. The board of supervisors of the county.

Commissioner. The road commissioner of the county, and such term shall include, where appropriate, his assistants and deputies.

Department. The road department of the county.

Excavation. Any opening in the surface of a road right-of-way made in any manner whatsoever, except an opening into a lawful structure below the surface of a road, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the road.

Facility. Pipe, pipe line, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transformer or any other material, structure or object of any kind or character, whether enumerated herein or not, which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over any road right-of-way.

Permittee. Any person who has received excavation or encroachment permits pursuant to this article.

Person. Any and all persons and entities, natural or artificial, singular or plural, masculine, feminine and neuter, including but not limited to corporations, individuals, partnerships, joint ventures, estates, trusts, associations, cooperatives, the United States, the state and all other states, the county and all other counties, all cities, cities and counties, and all other public bodies, agencies, districts, or subdivisions, and all other officers, employees, departments and bureaus of the foregoing and any other individuals, groups or combinations, whether acting alone, jointly or in combination; provided, however, that the above enumeration shall not include the road commissioner nor the road department of the county.

Public Agency. The United States, or any department or agency thereof, the state or any department or agency thereof, any county, city, city and county, municipal corporation, political subdivision, public district or any other public officer or public body.

Roads. Any highway, street, alley or way in the county, which is owned, or controlled, or maintained by the county for the purpose of travel.

Substructure. Any pipe, conduit, duct, tunnel, manhole, vault, buried cable, or wire, or other similar structure located below the surface of any road right-of-way.

(Ord. No. 1491, § 3)

The purpose of this article is to regulate and control all secondary uses of county roads in order to protect and preserve the primary purpose and use of such roads which is hereby declared to be traveled by the public.

(Ord. No. 1491, § 2)

No person shall do or cause to be done any of the following enumerated things without first obtaining a permit therefore and complying with all conditions thereof and all provisions of this article:

(a) Excavate or fill in an excavation within a road right-of-way.

(b) Install, maintain, cut into, repair or remove any sidewalks, curbs, gutters or road surfacing; or install, repair or remove any facilities or substructures in, on, over, or under any road right-of-way. This section shall not apply to telephone and power poles, associated anchors and guy wires located behind existing curbs, in alleys, or where no curb is provided. Any present right which exists prior to the date upon which the portion of the road affected becomes a public county road, shall not be impaired, diminished or affected in any way by the permit requirements of this and other sections of this article.

(Ord. No. 1491, § 4)

* As to licenses generally, see ch. 22 of this Code.

Applications for a permit for performance of any of the acts described in section 28-3 shall be made in writing, upon forms furnished by the department and approved by the commissioner. The forms shall be filed with the department and shall set out the following in detail, where applicable:

(a) Name and residence or business address of applicant.

(b) Location, dimensions, purpose, extent and nature of the proposed excavation, fill or obstruction, and the facilities or substructures to be installed, repaired or removed.

(c) Such other information as may be required by the department or the commissioner.

Where one particular job will combine two or more of the acts described in section 28-3, a single application may, in the discretion of the commissioner, be made to cover such job. All applications shall be made by the owner or by his agent duly authorized in writing, who shall set out the owners names above his own. This application, when approved and signed by the commissioner, shall constitute the permit required hereunder.

(Ord. No. 1491, § 6)

With each application for a permit hereunder, the road commissioner may, in his discretion, require the applicant to file a plat in triplicate, showing and designating by name, the road or roads which will be affected by such excavation, fill or obstruction, etc., together with the exact proposed location or locations and dimensions thereof as well as any other details required by the commissioner.

This section shall not apply to excavations solely for making or maintaining service connections or for locating troubles or breaks in conduits, lines or pipes and repairing same.

(Ord. No. 1491, § 7)

If, in the opinion of the commissioner, the work proposed to be done by any applicant requires the making of plans, the commissioner may require the application to be accompanied by such plans, and may require that such plans shall be prepared by a licensed surveyor or registered civil engineer.

(Ord. No. 1491, § 17)

With each application for a permit hereunder, applicant shall deposit cash, certified check, cashier's check, irrevocable letter of credit, (no negotiable securities of the kind approved to secure public monies) or post a bond or any other security that the commissioner deems adequate in an amount calculated by the commissioner to be sufficient to cover all fees required hereunder, and to insure complete restoration of the surface of the road or roads to a condition as good as it was in prior to commencing the acts permitted hereunder. If a bond is posted, it shall be executed by a corporation incorporated for the purpose of making, guaranteeing or becoming a surety upon lands or undertakings, and qualified as such under the laws of the state, and shall inure to the benefit of the county and be conditioned upon payment of all fees and other charges required by this article and full and complete repair and restoration of the road or roads affected to a condition as good as they were in prior to commencement of the acts permitted hereunder. Such bond shall further be subject to the approval of the commissioner as to form and sufficiency.

In the event that a portion of any job, for which a permit is required under this article, shall have been permitted under any other provision of this Code or other ordinance and any of the securities enumerated in the first paragraph of this section have been given therefor, the commissioner may, in his discretion, accept such security as complying in full or in part with the requirements of this article and waive the security required hereunder in full or in part.

In lieu of giving of security with each application for a permit hereunder, the commissioner may, in his discretion, permit an applicant to make and maintain a continuing deposit of security in the amount of at least five thousand dollars. If, in the opinion of the commissioner, the amount of work being performed or to be performed by an applicant shall require a greater amount of security, the commissioner may require an appropriate increase in such amount. In the case of applicants defined as a public utility by the Public Utility Commission of the state or if not so defined as a public utility, but performing services of a public utility or quasi public utility nature, and in the case of applicants which are public agencies, and which in such cases have assets in excess of two hundred fifty thousand dollars, no security shall be required to be deposited hereunder, unless the road commissioner shall, for good cause, make a written demand for deposit of security by such applicant.

(Ord. No. 1491, § 8)

The applicant shall pay a fee of five dollars to cover the cost of processing the application, issuing a permit thereunder, and help to defray the cost of county liability insurance covering liability for personal injury and property damage which might arise out of or in connection with work permitted hereunder. This section shall not apply to a public agency as the same is defined herein. Permit fees may be waived by the road commissioner where a permit is required hereunder for work to be done in connection with or as a result of a county project.

(Ord. No. 1491, § 9; Ord. No. 2820, § 1)

Any permit issued hereunder shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the commissioner for the protection of the highways or to prevent undue interference with traffic or to protect both persons and property within, upon or adjacent to the highways from damage or danger. In the case of changes or limitations or conditions to be made or imposed by the commissioner after a permit is issued hereunder, the commissioner shall notify the permittee thereof, in writing, either by mail to the address set forth in the application or by personal service upon the permittee.

Such change or new limitation or condition shall be effective twenty-four hours after deposit in the United States mail or immediately upon personal service.

(Ord. No. 1491, § 20)

The commissioner may issue a single permit for any number of excavations or other work done hereunder which are part of a single project or single job, and may also issue annual permits for service connections or for other routine minor work performed by owners or employees and not exceeding one thousand five hundred dollars cost for any separate job. Either permit shall become effective and be exercised by written notice given to the commissioner not less than twenty-four hours before work is to be commenced thereunder.

(Ord. No. 1491, § 21; Ord. No. 3554, § 1)

Permits issued pursuant to this article are nontransferable.

(Ord. No. 1491, § 24)

(a) The commissioner may refuse to issue permits and may revoke any outstanding permits issued or any portion thereof, where the work has not been started, when the work authorized by the permit or any portion thereof is included in the proposed work to be done by any existing assessment district or by any proposed assessment district for which formation proceedings have been instituted by the board of supervisors. Upon such partial or complete revocation of a permit, all or a pro rata portion, as the case may be, of the cash deposit or other security of applicant, shall be returned or all or a pro rata portion, as the case may be, of any bond posted shall be exonerated, provided all fees and charges due have been first paid in full.

(b) The commissioner shall not issue any permit under this article while the applicant is in default of any terms or conditions of any prior excavation permit issued by the commissioner. If there is a question of fact as to the applicant's compliance with any permit issued prior to the permit in question, the applicant may apply to the board for a review of the commissioner's denial of the permit. If the board shall find as a matter of fact that the applicant is not in default under any prior permits, it may order the issuance of a permit to the applicant.

(Ord. No. 1491, § 23)

The permit or a true copy thereof signed by the commissioner shall be available at the job site at all times while the work is in process and until accepted by the commissioner as fully completed.

(Ord. No. 1491, § 50)

Restoration costs for bonds shall be calculated in accordance with the current unit price figures set by the board of supervisors.

(Ord. No. 1491, § 11; Ord. No. 2820, § 2)

If in the course of the work being done under the permit or permits, additional inspections or additional replacement charges over and above the amount of the initial security become necessary, or in the case of continuing security the amount becomes insufficient to cover fees and charges for work in progress, the commissioner may require that additional security be furnished by the permittee. Failure to promptly furnish the same upon request shall be grounds to revoke or suspend the permit or permits as provided in section 28-27 and order all work being done thereunder to be stopped as provided in section 28-52.

(Ord. No. 1491, § 12)

Where work has been done under a permit issued pursuant to this article, the actual cost of restoring the area to the condition that it was in before the work was commenced shall be borne by the permittee. This section shall be applicable to all persons and public agencies as defined herein and all persons and public agencies shall furnish security for the completion of such work as provided herein.

(Ord. No. 1491, § 13)

All unpaid fees and charges made pursuant to this article may be deducted from cash deposits (where deposits are required) and the balance, if any, returned to permittee, except in the case of continuing cash deposits, upon completion of the work permitted hereunder and approval thereof by the commissioner; provided, however, that one-third of the cash deposit for replacement charges as set out in section 28-14 shall be retained for twelve months after completion of the work; except, that on work involving an amount of five hundred dollars or less, there shall be no retention of any part of the cash deposit. Where work involves an amount in excess of five hundred dollars, but less than seven hundred and fifty dollars, the permittee may apply to the board of supervisors for release of the cash deposit and the board may release the deposit upon recommendation of the commissioner. In all cases where cash deposits are not made, all unpaid fees and charges shall be billed to the permittee.

(Ord. No. 1491, § 14)

In the event any applicant shall fail to pay any fees or charges due under this article when charged for the same, the commissioner may, in his discretion, proceed against the surety for applicant or any bond or bonds or any other security provided for in section 28-7 posted by the applicant to collect such fees or charges, or the commissioner may elect to bring an action at law in any court of appropriate jurisdiction to collect the charges or fees from the applicant without the necessity of bringing action against the surety. The commissioner may, in addition, refuse to issue any new permits to an applicant with unpaid fees or charges due on any job.

(Ord. No. 1491, § 15)

Fees for applications for and issuance of permits, for inspection costs and other charges may be deposited in a single fund from which disbursements are made.

(Ord. No. 1491, § 16)

Each applicant shall sign a statement on each application agreeing to save and hold harmless the county and each and every officer and employee thereof from any liability or responsibility for any accident, loss or damage to persons or property arising out of or connected in any way with any work done by the applicant under any permit granted hereunder.

(Ord. No. 1491, § 28)

The commissioner may require each applicant to file proof of applicant's right to use the road for the purposes set forth in the application.

(Ord. No. 1491, § 33)

The terms of this article shall apply to work on, in or in connection with roads in any subdivision or subdivided lands, as the same are defined by law, provided that requirements of chapter 21 and any regulations, resolutions and orders of the board of supervisors relating to subdivisions shall govern all bonds and inspection fees on work done in or in connection with a subdivision.

(Ord. No. 1491, § 5)

All inspection fees and all testing fees shall be charged in accordance with the current rate schedule set by the board of supervisors.

(Ord. No. 1491, § 10)

The commissioner may require, in any permit issued by him hereunder, that permittee give written or oral notice of the accomplishment of specified stages in the completion of the work to be done, in order to permit inspection thereof by the department.

In the event the commissioner makes such requirements in the permit, the permittee shall do no further work which would hinder or prevent a complete inspection of such completed stage of the work, until such inspection has been made and the stage completed, and approved by the department, and if such work shall have been done prior to such inspection, the permittee shall take all steps and do all work necessary to permit a full and complete inspection upon demand of the person charged by the commissioner with the duty of making such inspections.

(Ord. No. 1491, § 44)

No person shall prevent or obstruct any officer or employee of the department in making any inspection pursuant to this article, nor in taking any sample or making any test.

(Ord. No. 1491, § 32)

If, in the opinion of the commissioner, the work proposed to be done by the applicant requires the setting of stakes, the commissioner may require the applicant to set, or cause to be set, such stakes as in the opinion of the commissioner are necessary or expedient under the circumstances. Where the commissioner deems that drainage or other facts are critical, the commissioner may have such stakes set by the department and may make a reasonable charge to applicant to cover the costs of setting such stakes.

(Ord. No. 1491, § 18)

Except in the case of annual permits, every permittee shall commence the proposed work within thirty days after the granting of the permit or within such other time from thirty days minimum to sixty days maximum as the road commissioner shall specify, (or in the case of special single permits set out in section 28-10 within thirty days from the date when such permit becomes effective as to the particular job concerned) and thereafter shall prosecute the work to completion in a diligent and workmanlike manner and restore roads to their original condition or as near as may be possible. The commissioner may, for good cause, excuse delay in commencement or completion of such work. In the event of unexcused delay or failure to commence, carry out or complete such work in the manner provided herein, the commissioner may, in addition to any other remedies he may have, terminate or suspend such permit by notice in writing effective immediately upon personal delivery to permittee or his agent, or twenty-four hours after being deposited in the United States mail addressed to permittee at the address shown on the application for permit except that the commissioner may elect to have the work completed and the cost thereof charged to the permittee. Thereafter, no work shall be done under the permit unless and until it is reinstated by the commissioner.

(Ord. No. 1491, § 22)

The permittee shall perform all work in accordance with plans (if plans are made), and specifications referred to in the permit to the satisfaction of the commissioner.

(Ord. No. 1491, § 19)

Upon completion of any work or act for which a permit has been granted, the permittee shall notify the commissioner in writing on a form prescribed by the commissioner.

(Ord. No. 1491, § 29)

The excavation work shall be performed and conducted so as not to unreasonably interfere with access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, and all other vital facilities. The commissioner may prescribe specific conditions or exceptions in writing relating to such vital facilities.

(Ord. No. 1491, § 26)

* As to fire prevention generally, see ch. 15 of this Code.

The permittee shall maintain safe crossings for two lanes of vehicle traffic at all road intersections where possible and safe crossings for pedestrians at intervals of not more than three hundred feet. If any excavation is made across any road right-of-way, at least one safe crossing shall be maintained when possible for vehicles and pedestrians. If the road is not wide enough to hold the excavated material without using part of the adjacent sidewalk, a passageway at least one-half of the sidewalk width shall be maintained along such sidewalk.

(Ord. No. 1491, § 27)

* As to motor vehicles and traffic generally, see ch. 23 of this Code.

It shall be the duty of every person cutting or making an excavation in or upon any road right-of-way to place and maintain such barriers and warning devices necessary for safety as specified by the state division of highways' publication "Manual of Warning Signs, Lights, and Devices for Use in Performance of Work upon Highways," and any revisions, supplements or replacements thereof.

Barriers shall meet the requirements of the commissioner. Warning lights shall be flares, torches, lanterns, electrical markers or flashers used to indicate a hazard to traffic from sunset of each day to sunrise of the next day. Torches shall be open wick or flame flares or bombs generally used in connection with roadway repairs or construction and operating on kerosene or similar fluid. Lanterns shall be kerosene or a similar fluid; burning lanterns shall have clear red or ruby globes. Electrical markers or flashers shall emit light at sufficient intensity and frequency to be visible at a reasonable distance for safety. Reflectors or reflecting material may be used to supplement, but not replace, light sources.

(Ord. No. 1491, § 34)

The permittee shall take appropriate measures to assure that during the performance of the work, traffic conditions shall be maintained at all times as near normal as practicable, so as to minimize inconvenience to the occupants of the abutting property and to the general public; provided, that the commissioner may permit the closing of streets and alleys to all traffic for a period of time prescribed by him, if, in his opinion it is necessary.

The commissioner may require that the permittee give notification to specified interested persons before commencement of the work.

(Ord. No. 1491, § 25)

* As to motor vehicles and traffic generally, see ch. 23 of this Code.

The permittee shall not move, alter, temporarily relocate, change, or interfere with any existing facility without the consent of the owner of the facility. If it becomes necessary to relocate an existing facility, this shall be done by its owner, (unless the owner shall otherwise specify in writing). No facility owned by the county shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The permittee (or any other person specified by the owner in writing) shall support and protect by timbers or otherwise all pipes, conduits, poles, wires or other facilities 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 such work to the satisfaction of the owner of such facilities. In case any of the pipes, conduits, poles, wires or other facilities should be damaged (and for this purpose pipe coating or other encasement or devices are to be considered as part of a facility), they shall be repaired by the agency or person owning them (or other person specified by the owner in writing) and the expense of such repairs shall be charged to and paid by the permittee. It is the intent of this paragraph that permittee shall assume all liability for damage to facilities and any resulting damage or injury to anyone because of such damage and such assumption of liability is a contractual obligation of the permittee. The only exception shall be such instances where damage is exclusively due to causes beyond the control of the permittee. The county shall not be made a party to any action because of this paragraph. The permittee shall inform itself as to the existence and location of all underground facilities and protect the same against damage.

Every application (except in cases where the easement existed before the road become a public road) shall contain a statement, signed by the permittee that if any facilities placed in the excavation or obstruction for which the application is granted and approved as a permit, shall become incompatible with future travel by the general public, then the permittee or its assigns or successors will, at its own expense, either remove such facilities in cases where such removal is necessary or in cases where the use thereof has been or is to be abandoned, or in other cases, permittee or its successors or assigns, will at its own expense relocate such facilities at a location designated by the commissioner. Unless directed otherwise by the commissioner, the permittee shall, after either such removal, or such relocation, fill in all excavations and restore the surface of the road right-of-way to as good a condition as it was in before such removal or relocation. Removal or relocation shall not be required for a temporary purpose nor for work to be done to the road which is not connected with the primary purpose of a road as defined in section 28-2.

The permittee, his successors or assigns shall complete such removal or relocation within a reasonable time specified by the commissioner if the permittee, his successors or assigns, fails to comply with the demand, the commissioner may perform, or cause to be performed, the removal or relocation work and recover the cost thereof from the permittee, its successors or assigns by action in a court of competent jurisdiction.

The permittee may, however, by agreement in writing with the commissioner, arrange for necessary removal or relocation of facilities by the county, reimbursement of the cost thereof to be made to the county, upon completion of such removal or relocation.

This section shall not apply to any right which has been continuously exercised since a time prior to the date when the portion of the road affected became a public county road or which right exists by virtue of a document recorded prior to such date in the office of the county recorder of the county, unless such right (in either case) shall have been subordinated by a document recorded in that office to the right of the public in such portion of the road.

(Ord. No. 1491, § 30)

Section 28-34 insofar as it applies to the cost of removal or relocation of facilities and the statement on the application concerning such removal or relocation of facilities, shall not apply to any public agency as permittee or otherwise which shall have entered into an agreement in writing with the county governing payment of the cost of removal or relocation of facilities and equipment but instead the provisions of such agreement shall regulate and control payment of the cost of such removal or relocations.

(Ord. No. 1491, § 30:1)

The permittee shall at all times and at his own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where in the protection of such property it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permittee shall first attempt to obtain a license from the owner of such private property for such purpose. If the owner shall refuse to permit entry for such purpose, or if permittee cannot locate the owner, then permittee shall have no liability hereunder to the owner for damage to private property occasioned by careful execution of the work permitted hereunder, provided permittee shall have first taken all reasonable precautions to prevent damage which could reasonably have been taken without entry upon such private property.

The permittee shall, at his own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to any roads or other public or private property, real and personal resulting from its failure properly to protect and carry out such work subject to the foregoing provision relating to entry upon private property. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and shall be replaced or the area shall be reseeded where cutting and replacing sod is impractical, after ditches have been backfilled as required in this ordinance. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as close as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas without first obtaining the consent of the county road commissioner or other county official having control of such property.

(Ord. No. 1491, § 31)

The permittee shall maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutterline. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and at all times maintained.

(Ord. No. 1491, § 36)

All material excavated from trenches and piled adjacent to the trench in any road shall be laid compactly along the side of the trench and maintained in such a manner as not to endanger those working in the trench, pedestrians or users of the road and so that as little inconvenience as possible is caused to those using streets and adjoining property. Whenever necessary, in order to expedite the flow of traffic or to abate the dirt or dust nuisance, toe boards or bins may be required by the commissioner to prevent spreading of dirt into traffic lanes. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, the commissioner shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to trench site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites.

All trench and tunnel excavations and constructions shall conform with the safety requirements for shoring, bracing and ladders in trenches in accordance with "Trench and Tunnel Construction Safety Orders of the State of California," as they now or may hereafter exist.

(Ord. No. 1491, § 35)

As the excavation work progresses, all roads shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All clean up operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the commissioner. From time to time, as may be ordered by the commissioner and in any event immediately after completion of work, the permittee shall, at his own expense, clean up and remove all refuse and unused materials of any kind resulting from such work, and upon failure to do so within twenty-four hours after having been notified to do so by the commissioner, the work may be done by the commissioner and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the cash deposit or surety bond provided hereunder.

(Ord. No. 1491, § 36)

(a) Heavy duty pavement breakers may be prohibited by the commissioner when the use endangers existing substructures or other property.

(b) Saw cutting of Portland cement concrete may be required by the commissioner when the nature of the job or the condition of the road warrants. When required, the depths of the cut shall be not less than one inch in depth; however, depths greater than one inch may be required by the commissioner when circumstances warrant. Saw cutting may be required by the commissioner outside of the limits of the excavation over cave-outs, overbreaks and small floating sections.

(c) Approved cutting of bituminous pavement surface ahead of excavations may be required by the commissioner to confine pavement damage to the limits of the trench.

(d) Sections of sidewalks shall be removed to the nearest score line or saw cut edge.

(e) Unstable pavement shall be removed over cave-outs and overbreaks and the subgrade shall be treated as the main trench.

(f) Pavement edges shall be trimmed to a vertical face and neatly aligned with the center line of the trench.

(g) Cutouts outside of the trench lines shall be normal or parallel to the trench line.

(h) Boring or other methods to prevent cutting of pavement may be required by the commissioner.

(i) The permittee shall not be required to repair damage existing prior to excavation unless his cut results in small floating sections that may be unstable, in which case permittee shall remove and pave the area.

(Ord. No. 1491, § 38)

No person shall, without written permission of the commissioner, install any substructure, except manholes, vaults, valve casings, culverts, and catch basins at a distance less than the following distances:

(a) Paved Roads. Twenty-four inches below the established flow line of the gutter.

If the flow line is not established, then the depths shall be at a minimum of twenty-four inches below the surface of the outermost edge of the traveled portion of the road.

(b) Parkway.

(1) The minimum depth of any substructure shall be sixteen inches below established gutter grade when such substructure parallels the parkway.

(2) The minimum depth of any substructure shall be twelve inches below the top of the established sidewalk or curb when such substructure is at right angles to the parkway.

(c) Other Roads. The minimum depth of any substructure in any other road shall be twelve inches below the surface; provided, however, that the commissioner may permit a lesser depth in special cases.

Nothing in this section shall impose a duty upon the permittee to maintain the specifications as required herein upon subsequent changes of grade in the surface unless the location of the substructure interferes with the maintenance of, or travel on, a public road.

(Ord. No. 1491, § 39)

Fine material, free from lumps and stone, selected from the soil shall be thoroughly compacted around and under the substructure to the upper level of such substructure. Above the upper level of the substructure, backfill material shall be placed to the subgrade of the pavement in lifts consistent with the type of soil involved and the method of consolidation being used. Broken pavement, large stone, roots and other debris shall not be used in the backfill. Each lift shall be flooded, jetted or ponded, or a combination of these methods shall be used, depending upon the type of soil involved, to compact the backfill material. Backfill material having a sand equivalent of less than ten shall not be flooded, jetted or ponded. Such backfill shall be placed in lifts not to exceed eight inches in thickness when compacted with pneumatic tampers or placed in lifts not to exceed four feet when compacted with a hydra hammer. Backfill material having a sand equivalent greater than ten may be flooded, jetted or ponded except that no flooding, jetting or ponding shall be allowed within thirty inches of finish grade, unless specific approval for such is received from the commissioner. All backfill shall be done in a manner that will permit the restoration of the surface to condition equivalent to that in which it was prior to excavation. The commissioner may require soil tests to be taken by the county's soil testing laboratory, when, in his opinion, backfill for any excavation is not being adequately compacted. In order for the resurfacing to be permitted, such tests must show that the backfill material meets the minimum requirements as prescribed by the commissioner. All expense of such tests shall be borne by the permittee.

(Ord. No. 1491, § 40)

Permanent resurfacing of excavations may be made where the type of consolidation used in replacing the backfill is adequate, in the opinion of the commissioner, to prevent settling and when the moisture content of the backfill is not excessive. In the event the type of consolidation used in replacing the backfill is not adequate to prevent further settling or the moisture content is excessive, temporary resurfacing shall be provided. If temporary surfacing is provided, the top surface of the backfill shall be covered with one inch of bituminous material. Such temporary paving material shall be cool mix, except that the permittee may use or the commissioner may require hot mix. All temporary paving material shall conform closely enough to the level of the adjoining paving surface and shall be compacted so that it is hard enough and smooth enough to be safe for pedestrian travel over it as well as for vehicular traffic to pass safely over it at a legal rate of speed. The permittee shall maintain temporary paving for a period not exceeding ninety days after all backfilling is completed, unless additional time is required by the commissioner, and shall keep same safe for pedestrian and vehicular traffic until the excavation has been resurfaced with permanent paving, except that if it is impracticable to maintain the surface of the temporary paving in a safe condition for pedestrian travel or vehicular traffic, then the permittee shall maintain barriers and lights where required herein.

Acceptance or approval of any excavation work by the commissioner shall not prevent the county from asserting a claim against the permittee and his surety under the surety bond required hereunder for incomplete or defective work if discovered within twelve months from and after the completion of the excavation work. The commissioner's presence during the performance of any excavation work shall not relieve the permittee of his responsibilities hereunder.

(Ord. No. 1491, § 41)

Upon completion of the backfilling, (including temporary resurfacing when required), of an excavation within a road right-of-way for the installation or removal of substructures, the commissioner at his option, may require the permittee to resurface that portion of the road surface damaged by the permittee's excavation, in which event resurfacing shall be done in a manner and under specifications prescribed by this article, subject to commissioner's inspection, and shall be completed within a period of ninety days after such authorization to complete final resurfacing. Where required in the interest of public safety, the commissioner may elect to do such resurfacing with county forces, in which event the cost of such resurfacing shall be borne by the permittee.

(a) Subgrades. Shall be restored to that existing prior to the excavation or in accordance with standards for the construction of new paved roads used by the county.

(b) Paving Replacement. Portland cement concrete used in the repair of trenches shall not have a slump in excess of two inches.

(c) Thickness of Pavement. Portland cement concrete used in the repair of trenches in streets shall be replaced with a thickness equivalent to that removed, but in no case less than five inches. Bituminous pavement shall be replaced at the same thickness as the existing pavement. All bituminous pavement replaced shall be given a fog seal coat.

(d) Thickness of Sidewalks. Portland cement sidewalks shall be replaced with the thickness of that removed; but in no case less than four inches and shall match the color and texture of the adjoining sidewalk.

(e) Expansion Joints. Expansion joints in Portland cement patches shall be matched with saw cut lines.

(f) Cement. Portland cement shall be furnished to match the texture of that of the adjoining pavement.

(g) Compacting. Concrete shall be compacted by tamping, rodding, or mechanical vibration.

(h) Repairs. Repairs in rock and oil roads shall be made in accordance with the existing specifications for bituminous type pavement.

(i) Chip Seal Coats. Chip seal coats may be required by the commissioner when the street has been chip sealed or when it is a general practice to chip seal bituminous type pavement.

(Ord. No. 1491, § 42)

The maximum length of open trench permissible at any time shall be as may be specified by the commissioner and no greater length shall be open for pavement removal, excavation, construction, backfilling, patching and all other operations without first obtaining the written permission of the commissioner.

(Ord. No. 1491, § 43)

If in his judgment, traffic conditions, the safety or convenience of the traveling public or the public interest require that work permitted hereunder be performed as emergency work the commissioner shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee twenty-four hours a day to the end that such excavation work may be completed as soon as possible.

(Ord. No. 1491, § 45)

Nothing in this article shall be construed to prevent the making of such excavations as may be necessary for the preservation of life or property or for the location of trouble in conduit or pipe, or for making repairs, provided that the person making such excavation shall apply to the commissioner for such a permit on the first working day after such work is commenced.

(Ord. No. 1491, § 46)

Each permittee shall conduct and carry out work permitted hereunder in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the work, noise, dust and unsightly debris. During the hours of 10:00 P.M. to 7:00 A.M. the permittee shall not use, except with the express written permission of the commissioner or in case of an emergency as herein otherwise provided, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.

(Ord. No. 1491, § 47)

Any monument set for the purpose of locating or preserving the lines of any road or property subdivision, or a precise survey reference point, or a permanent survey bench mark within the county shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the commissioner so to do. Before monuments, reference points and bench marks are disturbed, or removed, they shall be tied out by a licensed surveyor or registered civil engineer or under the directions of same. After completion of the work, the monuments, reference points and bench marks shall be accurately reset at the expense of permittee.

(Ord. No. 1491, § 48)

After acceptance of the work by the commissioner as fully completed in accordance with the conditions of the permit and all of the provisions of this article and any other applicable laws, the permittee may request that the commissioner issue a certificate of acceptance. Upon such request, the commissioner shall issue the certificate of acceptance which shall contain a statement of the location, nature, and extent of such work so completed under the permit. Such certificate of acceptance shall not release permittee from the twelve months requirements of sections 28-17 and 28-43.

(Ord. No. 1491, § 49)

The permittee shall notify the commissioner in writing of any proposed deviations or changes in the work to be done under any permit and shall not proceed therewith until he has obtained both the written consent of the commissioner to any such deviation or change in the written, signed and acknowledged consent to such deviation or change of any surety company whose bond or bonds are posted in connection with such work.

(Ord. No. 1491, § 52)

In addition to any other remedies or rights the commissioner may have, he may issue a stop order upon violation of any of the provisions of this article or revocation or suspension of any permit granted hereunder. Such stop order shall be in writing and shall be effective immediately upon personal delivery to the person in charge of the work at the job sites. Upon such delivery of such stop order, all further work shall be immediately stopped, other than such work as is immediately necessary for the preservation of life or property and shall not be recommenced until written permission therefor is granted by the commissioner.

(Ord. No. 1491, § 51)

Every person is guilty of a misdemeanor who does any of the following acts:

(a) Violates any provision of this article or any condition of any permit issued hereunder; or

(b) Fails, neglects or refuses to comply with any requirements of the commissioner, this article or any permit issued hereunder; or

(c) Performs any of the acts for which a permit is required by this article without first obtaining such permit.

(Ord. No. 1491, § 54)

This article shall not be construed as imposing upon the county or any official or employee any liability or responsibility for damages to any person insured by the performance of any work for which permit is issued hereunder, nor shall the county or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or the approval of any work permitted hereunder.

(Ord. No. 1491, § 53)