Shafter Municipal Code Ch. 12.16 Excavations

This chapter shall be known and may be cited as the "street excavation regulations of the city."

(Prior code § 3-3-1)

For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein:

A. "Administrative authority" means the superintendent of streets of the city.

B. "Excavation" means any opening in the surface of a public place made in any manner whatsoever, except an opening into a lawful structure below the surface of a public place, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the public place.

C. "Facility" means pipe, pipeline, 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 public place.

D. "Public place" means any public street, way, place, alley, sidewalk, park, square, plaza or any other public property owned or controlled by any governmental agency in a governmental capacity.

E. "Substructure" means any pipe, conduit, duct, tunnel, manhole, vault, buried cable, or wire, or any other structure located below the surface of any public place.

(Prior code § 3-3-2)

No person shall make any excavation or fill any excavation in any public place without first obtaining a permit so to do from the administrative authority except as otherwise provided in this chapter. No permit to make an excavation or fill an excavation in a public place shall be issued except as provided in this chapter. The administrative authority 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 four feet in length to the following:

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

B. A person holding a franchise from the city;

C. The Shafter public utility district.

(Prior code § 3-3-3)

No excavation permit shall be issued unless a written application, on a form provided by the administrative authority, for the issuance of an excavation permit is submitted to the administrative authority. The written application shall state the name and address and principal place of business of the applicant, the authority of applicant to occupy the public place for which the permit is sought, the location and dimensions of the installation or removal for which excavation is to be made, the purpose of the facility and the length of time which will be required to complete such work, including backfilling the excavation and removing all obstructions, material and debris. The application, when approved and signed by the administrative authority, shall constitute a permit.

(Prior code § 3-3-4)

The application for an excavation permit to perform excavation work under this chapter shall be accompanied with a cash deposit, made to the administrative authority for deposit with the treasurer, as follows: A sum equal to five dollars per square foot of surface of each excavation to be made in public places which have been paved; a sum equal to three dollars for each square foot of surface of each excavation to be made in public places which have been macadamized; a sum equal to two dollars for each square foot of surface of each such excavation to be made in public places which are neither macadamized nor paved. No deposit shall be less than one hundred dollars. Any person intending to make openings, cuts or excavations in public places may make and maintain with the treasurer a general deposit in the sum of one hundred dollars, and the person so depositing shall not be required to make the special deposits provided in this section, but shall, however, be required to comply with all other applicable provisions of this chapter. Any special or general deposit made hereunder shall serve as security for the repair and performance of work necessary to put the public place in as good a condition as it was prior to the excavation, if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and the excavation work under the excavation permit. Upon the permittee's completion of the work covered by such permit in conformity with this chapter as determined by the administrative authority, two-thirds of such cash deposit, except in the case of an annual deposit, shall be promptly refunded by the city to the permittee and the balance shall be refunded by the city to the permittee upon the expiration of such twenty-four-month period; provided, however, that as to any annual deposit two-thirds thereof shall be refunded by the city at the end of the one-year period for which the deposit is made or the satisfactory completion of all excavation work undertaken during such period, whichever is later, and the balance of the annual deposit shall be refunded at the expiration of a twenty-four-month period following the completion of such excavation work; and provided further, that the city may use any or all of any such deposit to pay the cost of any work the city performs to restore or maintain the public place as herein provided in the event the permittee fails to perform such work, in which event the amount refunded to the permittee shall be reduced by the amount thus expended by the city. Provided, however, that in the case of excavations by public utility companies, operating under a franchise issued by the city or under the supervision of the Public Utilities Commission or utilities operated by governmental agencies, a permit may be granted without making such deposit, but in such cases, the utilities shall be liable for the actual cost of any work required to be done by the administrative authority in restoring the area covered by such excavations to as good condition and as the same was in before such work was done. Further provided, however, that the administrative authority may in the future, require such deposit from any such utility if a bill rendered in accordance with this section remains unpaid thirty days after date of billing.

(Prior code § 3-3-7)

A permit fee shall be charged by the administrative authority for the issuance of an excavation permit. The fee for a permit shall be three dollars.

(Prior code § 3-3-5)

A. Before an excavation permit, as herein provided, is issued, the applicant shall deposit with the administrative authority a surety bond in the amount of one hundred thousand dollars, payable to the city.

B. The surety bond shall be conditioned upon the permittee's securing and holding the city and its officers harmless against any and all claims, judgments, or other costs arising from the excavation and other work covered by the excavation permit or for which the city, council or any city officer may be made liable by reason of any accident or injury to persons or property through the fault of the permittee, either in not properly guarding the excavation or for any other injury resulting from the negligence of the permittee. Recovery of such bond for any injury or accident shall not exhaust the bond but it shall, in its entirety, cover any or all future accidents or injuries during the excavation work for which it is given. In the event of any suit or claim against the city by reason of the negligence or default of the permit upon the city's giving written notice to the permittee of such suit or claim, any final judgment against the city requiring it to pay for such damage shall be conclusive upon the permittee and his surety. An annual bond may be given under this provision which shall remain in force for one year conditioned as above in the amount specified above and in other respects as specified above, but applicable as to all excavation work in public places by the principal in such bond during the terms of one year from the date; 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 bond by the administrative authority.

(Prior code § 3-3-6)

After an excavation is commenced, the permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, so as not to obstruct the public place or travel thereon more than is reasonably necessary.

(Prior code § 3-3-24)

A. It shall be the duty of every person, cutting or making an excavation in or upon any public place, 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."

B. Barriers shall meet the requirements of the administrative authority. 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.

(Prior code § 3-3-14)

Each permittee shall conduct and carry out excavation work 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 excavation work, noise, dust and unsightly debris and during the hours of ten p.m. and seven a.m. shall not use, except with the express written permission of the administrative authority 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.

(Prior code § 3-3-27)

A. The permittee shall take appropriate measures to assure that during the performance of the excavation work, traffic conditions as near normal as practicable, shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public; provided, that the administrative authority 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.

B. The written approval of the administrative authority may require that the permittee give notification to various public agencies and to the general public. In such case, such written notice shall not be valid until such notice is given.

C. Warning signs shall be placed far enough back of the construction operation to alert traffic within a public street and cones or other approved devices shall be placed to channel traffic, all in accordance with the "Manual on Surface Traffic Interference Problem caused by Substructure Construction and Operation," prepared by a subcommittee under the direction of the substructure committee of Los Angeles, including latest revisions.

D. Warning signs and lights, unless specified by the administrative authority, shall conform to the requirements of the "Manual of Warning Signs, Lights and Devices For Use in Performance of Work Upon Highways," published by the state of California, Department of Public Works.

(Prior code § 3-3-8)

The permittee shall maintain safe crossings for two lanes of vehicle traffic at all street intersections where possible and safe crossings for pedestrians at intervals of not more than three hundred feet. If any excavation is made across any public street, alley or sidewalk, at least one safe crossing shall be maintained when possible for vehicles and pedestrians. If the street 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 line.

(Prior code § 3-3-10)

The excavation work shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, water gates, underground vaults, valve housing structures, and all other vital equipment as designated by the administrative authority.

(Prior code § 3-3-9)

The permittee shall not interfere with any existing utility without the written consent of the administrative authority and the owner of the utility. If it becomes necessary to relocate an existing utility, this shall be done by its owner. No utility owned by the city shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The costs of moving privately-owned utilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the utility. The permittee shall support and protect by timbers 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. 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, they shall be repaired by the agency or person owning them and the expense of such repairs shall be charged to the permittee, and his or its bond shall be liable therefor. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any waterpipes, sewer, gas pipe, electric conduit or other utility and its bond shall be liable therefor. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage.

(Prior code § 3-3-11)

A. 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.

B. The permittee shall make provisions to take care of all surplus water, muck, silt, slickings, or other run-off pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure to so provide.

(Prior code § 3-3-17)

The permittee shall at all times and at his or its 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 protecting measures, the permittee shall obtain a license from the owner of such private property for such purpose and if he cannot obtain a license from such owner, the administrative authority may authorize him to enter the private premises solely for the purpose of making the property safe. The permittee shall, at its 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 public or private property or highways resulting from its failure properly to protect and carry out the work. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required in this chapter. 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 nearly 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 appropriate city department or city official having control of such property.

(Prior code § 3-3-13)

Any monument set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point, or a permanent survey bench mark within the city, shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the administrative authority so to do. Permission to remove or disturb such monuments, reference point or bench marks shall only be granted upon condition that the person applying for such permission shall pay all expenses incident to the proper replacement of this monument by the administrative authority.

(Prior code § -3-3-28)

The maximum length of open trenches permissible at any time shall be in accordance with existing ordinances or regulations or as may be specified by the administrative authority and no greater length shall be open for pavement removal, excavation, construction, backfilling, patching and all other operations without the written permission of the administrative authority.

(Prior code § 3-3-23)

A. No person shall, without written permission of the administrative authority, install any substructure, except manholes, vaults, valve casings, culverts and catchbasins at a distance less than:

1. Streets:

a. Twenty-four inches below the established flow line of the gutter:

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

2. Parkway:

a. The minimum depth of any substructure shall be sixteen inches below established gutter grade when the substructure parallels the parkway;

b. 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;

3. Other public places:

a. The minimum depth of any substructure in any other public place shall be twelve inches below the surface; provided, however, that the administrative authority may permit a lesser depth in special cases.

B. 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 grade in the substructure interferes with the maintenance of, or travel on, a public street.

(Prior code § 3-3-19)

A. Heavy duty pavement breakers may be prohibited by the administrative authority when the use endangers existing substructures or other property.

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

C. Approved cutting of bituminous pavement ahead of excavations may be required by administrative authority to confine pavement damage to the limits of the trench.

D. Sections of sidewalks shall be removed to the nearest scoreline or sawcut 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 centerline of the trench.

G. Cutouts outside of the trench lines must be normal or parallel to the trench line.

H. Boring or other methods to prevent cutting of new pavement may be required by the administrative authority.

I. 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.

(Prior code § 3-3-18)

A. All material excavated from trenches and piled adjacent to the trench or in any street shall be piled, and maintained in such manner as not to endanger those working in the trench, pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using streets and adjoining property. 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 administrative authority shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the 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.

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

C. All materials excavated shall be laid compactly along the side of the trench and kept trimmed so as to cause as little inconvenience as reasonably possible to vehicular and pedestrian traffic, or as specified by the administrative authority. 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 administrative authority to prevent the spreading of dirt into traffic lanes.

(Prior code § 3-3-15)

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

(Prior code § 3-3-16)

Fine material, free from lumps and stone, selected from the spoil 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 stones, roots and other debris shall not be used in the backfill. Each lift shall be flooded, fettled, rolled or tamped, or a combination of these methods shall be used, depending upon the type of soil involved, to compact the backfill material. Such 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 administrative authority may require soil tests to be furnished by a recognized soil testing laboratory or registered professional engineer specializing in soil mechanics 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 administrative authority. All expense of such tests shall be borne by the permittee.

(Prior code § 3-3-20)

A. Permanent resurfacing of excavations may be made where the type of consolidation used in replacing the backfill is adequate, in the opinion of the administrative authority, 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 cold mix, except that the permittee may use or the administrative authority 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 administrative authority, 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.

B. Acceptance or approval of any excavation work by the administrative authority shall not prevent the city from asserting a claim against the permittee and his or its surety under the surety bond required hereunder for incomplete or defective work if discovered within twenty-four months from the completion of the excavation work. The administrative authority's presence during the performance of any excavation work shall not relieve the permittee of its responsibilities hereunder.

(Prior code § 3-3-21)

Upon completion of the backfilling, and when required, temporary resurfacing of an excavation within a public place for the installation or removal of substructures, the administrative authority, at his option, may require the permittee to resurface that portion of the street surface damaged by the permittee's excavation, in which event resurfacing shall be done in a manner and under specifications prescribed by this chapter, subject to administrative authority inspection, and shall be completed within a period of ninety days after such authorization to complete final resurfacing. The administrative authority may elect to do such resurfacing with city forces, in which event, the cost of such resurfacing shall be borne by the permittee.

A. Subgrades. Subgrades shall be restored to that existing prior to the excavation or in accordance with standards for the construction of new streets used by the city.

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

C. 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.

D. Portland cement sidewalks shall be replaced with the thickness of that removed; but in no case less than three and one-half inches and shall be of a color and texture of the adjoining sidewalk.

E. Expansion joints in Portland cement patches shall be matched with saw cut lines.

F. Portland cement shall be finished to match the texture of that of the adjoining pavement.

G. Concrete shall be compacted by tamping, rodding or mechanical vibration.

H. Repairs in rock and oil streets shall be made in accordance with the existing specifications for bituminous-type pavement.

I. Seal coats may be required by the administrative authority when the street has been seal coated or when it is a general practice of the local jurisdiction to seal-coat bituminous-type pavement.

(Prior code § 3-3-22)

If in his judgment, traffic conditions, the safety or convenience of the traveling public or the public interest require that the excavation work be performed as emergency work the administrative authority 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.

(Prior code § 3-3-25)

Nothing in this chapter 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 administrative authority for such a permit on the first working day after such work is commenced.

(Prior code § 3-3-26)

Every person owning, using, controlling or having an interest in substructures, under the surface of any public place used for the purpose of supplying or conveying gas, electricity, communication impulse, water, steam, ammonia or oil in the city, shall file with the administrative authority within one hundred twenty days after the adoption of the ordinance codified in this chapter, a map or set of maps, each drawn to a scale of not less than one inch to two hundred feet showing in detail, the location, size, description and date of installation, if known, of all substructures, except a service line designed to serve a single property owner, beneath the surface of the public place belonging to, used by or under the control of such person having any interest, and shall file with the administrative authority within fifteen days after the first day of January of each and every year a corrected map or set of maps, each drawn to said scale including all installations made during the previous year, to and including the last day of such year; provided, however, that a public utility owner, may at its option, provide corrected atlas sheets at more frequent intervals.

(Prior code § 3-3-30)

Whenever the use of a substructure is abandoned, except the abandonment of a service line designed to serve a single property owner, the person owning, using, controlling, or having an interest therein, shall within thirty days after such abandonment file with the administrative authority a statement in writing giving in detail the location of the substructure so abandoned. If such abandoned substructure is in the way, or subsequently becomes in the way, of an installation of the city or any other public body, which installation is pursuant to a governmental function, the owner shall remove such abandoned substructure or pay the cost of its removal during the course of excavation for construction of the facility by the city or any other public body.

(Prior code § 3-3-12)

The administrative authority shall make such inspections as are reasonably necessary in the enforcement of this chapter. The administrative authority shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this chapter.

(Prior code § 3-3-29)

This chapter shall not be construed as imposing upon the city or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued hereunder, nor shall the city or any official or any 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 excavation work.

(Prior code § 3-3-31)