Sierra Madre Municipal Code Ch. 12.16 Excavations

Footnotes:

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Editor's note— Ord. No. 1332, § 4, adopted Nov. 27, 2012, amended Chapter 12.16 in its entirety to read as herein set out. Former Chapter 12.16, §§ 12.16.010—12.16.090, pertained to similar subject matter and derived from Prior code §§ 6000—6008; Ord. 1008, § 1, adopted 1983; and Ord. 1085, § 5, adopted 1992.

For purposes of this chapter, "street" means public streets and public parkways, including the public sidewalks.

(Ord. No. 1332, § 4, 11-27-12)

It is unlawful for any person, firm or public or private corporation to make or cause to be made any excavation in, upon or under the surface of any street in the city, or to dig in, plow up, tear up, fill, cover, disturb or change any portion of the same without first obtaining a written excavation permit therefor, and operating consistent with the requirements of said permit and all related and approved plans. The director of public works may issue an excavation permit if all of the following conditions are met:

A. Application Contents. The applicant for such permit shall make, sign and file in the office of the director of public works a complete application that includes all of the following:

1. Contact Information. The name, address, telephone number, and principal place of business of the person, firm or public or private corporation making the application.

2. Excavation Locations. A detailed statement of the exact location and dimensions of each proposed excavation and the purpose of each.

3. Obstruction Locations. A detailed statement of the exact location for each proposed obstruction in a street, and the nature, duration and effect of the obstruction(s), and what materials, will be placed in the streets, and the amount of room required.

4. Fees. The required excavation permit application fee, in the amount set by resolution of the city council.

5. Plot Plan. An applicant for a permit to excavate in a street shall file in the office of the director of public works, a plot plan in duplicate, designating such street and the location thereof, together with a designation of the location thereon of the proposed excavation, the dimensions thereof, and any other details which may be requested by the director of public works; provided, however, that the filing of plats shall not be required when excavations are made for service connections or for the location of troubles in conduits or pipes, or making repairs thereto.

6. Right to Occupy. The applicant shall show to the satisfaction of the director of public works a right to use and occupy, for the purpose mentioned in the application, the street wherein the excavation is proposed to be made,

7. Street Restoration Deposit.

a. Street Restoration. The applicant shall agree in advance to replace, repave and restore the street at the place of each excavation to its condition prior to the making of each excavation or that the street may be replaced, repaved or restored by the public works director or under his or her direction at the expense of the applicant.

b. Obstruction Removal. The applicant shall agree in advance to remove any obstruction or impediment to the use of the street and any material which such applicant may place in, under or upon the street that the public works director did not authorize to remain.

c. Refundable Deposit. The applicant shall deposit with the public works director a sum of money which shall be sufficient, in the judgment of the director of public works, to guarantee the city can replace, repave or restore the road, based upon the actual costs thereof per square foot and remove any obstructions or impediments to the use of the street and any material which such applicant may have placed in, under or upon the street that the public works director did not authorize to remain. Upon satisfactory completion of the work, any unused deposit amounts shall be returned. If the amount of any deposit is insufficient to meet the needs of this subsection, the applicant is not absolved from the duty to fulfill its promises made under subsections a. and b. of this section.

8. Additional Information. Any additional information reasonably deemed necessary by the director of public works.

B. Rights of Director. The director of public works may make whatever changes the director deems necessary to protect the streets, and to prevent undue interference with the safety, transit and overall use of the street by vehicular or foot traffic. These changes include changes to the:

1. Application;

2. Location, size and depth of authorized excavations; and the

3. Location, size, and character of obstructions to be placed in the street.

(Ord. No. 1332, § 4, 11-27-12)

Upon compliance by the applicant with the foregoing conditions and requirements, the application and plat aforesaid shall be approved by the director of public works and shall become a file of public record and thereupon the director of public works shall issue, in such form as shall be approved by the city attorney, a written permit to the applicant to do and perform the acts mentioned in the application. In any permit granted under this chapter, the director of public works may specify what lights, barriers, warning signs or other measures designed to protect the traveling public must be erected, maintained or provided by the person, firm or corporation to whom a permit is issued; provided, however, any omission on the part of the director of public works to specify, in a permit, what lights, barriers or warning signs shall be erected and maintained by the permittee shall not excuse the permittee from observing any and all requirements of this chapter.

(Ord. No. 1332, § 4, 11-27-12)

No permit issued under this chapter shall be transferable. Every permit shall become void unless the excavation or other work thereby permitted to be done is started on the date specified in the permit, and if no date is specified in the permit, within fifteen calendar days of the effective date of the permit. The public works director may also cancel a permit if, in the director's reasonable discretion, the work was not diligently and continuously prosecuted to completion within sixty calendar days from the date of the first actions taken under the permit.

(Ord. No. 1332, § 4, 11-27-12)

A. Every person, firm, or public or private corporation erecting or leaving any excavation or obstruction in the traveled part of any street, or causing the same to be erected or left, shall place and maintain, until such excavation or obstruction is removed:

1. Lights at each end of such excavation or obstruction at distances of not more than twenty-five feet along such obstruction from sunset of each day to sunrise of the next day, until such obstruction is removed; and

2. Reflective barriers placed at each end of any excavation or obstruction.

B. Every person, firm or public or private corporation making any excavation in the traveled part of any street, or causing the same to be made, shall place and maintain traffic-bearing steel plates for the full length of such excavation along such excavation at all times excepting during construction activity within the excavation until such excavation is entirely refilled.

C. Posting of detours and other temporary traffic control activities shall conform with one of the following:

1. The latest edition of the Work Area Traffic Control Handbook (WATCH Manual);

2. The California Joint Utility Traffic Control Manual;

3. A detour plan prepared by a licensed traffic engineer, and approved by the director of public works.

(Ord. No. 1332, § 4, 11-27-12)

After any excavation, obstruction or impediment is commenced, made or erected by the permit holder, as herein provided, the work of accomplishing the purpose thereof shall be diligently carried on and completed by the permit holder in a manner that shall not obstruct the street or any travel thereon more than is absolutely necessary.

(Ord. No. 1332, § 4, 11-27-12)

A. Duty to Repair. Upon the completion of the work under the permit the applicant shall promptly and in a workmanlike manner backfill, compact, and re-pave the excavation or remove the obstruction in the street.

B. Backfilling Conduit Trenches. The placement and compaction of backfill materials in trenches excavated for placement of sewer, water, storm drain or other utility conduits shall meet or exceed standards established by the public works director to ensure and may be based upon the Standard Plans for Public Works Construction, latest edition, as promulgated and published by Public Works Standards, Inc.

C. Surface of Street. The surface of the street shall be replaced, restored or repaved to its original condition and shall be made smooth, even and flush with the surrounding surface of the street, without bumps or depressions, by the permit holder under the direction of the director of public works.

D. Failure to Repair. If any person, firm or corporation making any excavation in or placing any obstruction on any street shall fail to refill such excavations or remove such obstruction or shall fail to restore the street to its former condition as herein directed, and in a manner and within a period of time satisfactory to the director of public works, the director of public works may do or complete the work or refilling, removal or restoration and the person, firm or corporation by whom or under whose direction the excavation was made or obstruction was placed shall be liable to the city for the cost of the work so done by the director of public works, including any related costs incurred by the city, including staff time, loss of interest, and any costs incurred in collecting all sums due to the city.

E. Waiver. The city may waive any of the foregoing requirements by a prior agreement in writing.

(Ord. No. 1332, § 4, 11-27-12)

The provisions of this chapter shall not apply to the director of public works of the city in the discharge of his official duties.

(Ord. No. 1332, § 4, 11-27-12)

Nothing contained in this chapter shall be construed to prevent any person, firm or corporation from maintaining any pipe or conduit in any street by virtue of any law, ordinance or permit, or from making such excavation as may be necessary for the preservation of life or property when such necessity arises during such hours as the offices of the city are closed; provided, that the person, firm or public or private corporation making such excavation shall obtain a permit therefor within one day after the offices of the director of public works are first opened subsequent to the making of such excavation.

(Ord. No. 1332, § 4, 11-27-12)

Every permit for an excavation in or under the surface of any street shall be granted subject to the right to the city, or of any other person, firm or corporation entitled thereto, to use that part of such street for any purpose for which such street may lawfully be used.

(Ord. No. 1332, § 4, 11-27-12)

A. License Only. An excavation permit is a license and does not convey any real property rights.

B. Immediate Suspension Authorized. The public works director may immediately suspend an excavation permit for any reason or no reason, but shall, whenever possible, endeavor to provide reasonable prior notice of any suspension. If the order of suspension is not timely appealed, the public works director may revoke the permit. If the order of suspension is appealed, the suspension shall continue in effect until the city council determines whether to revoke, suspend, or continue the applicability of the permit, with or without additional conditions.

(Ord. No. 1332, § 4, 11-27-12)

Decisions made by the public works director of whether to authorize, conditionally authorize, deny, revoke, or suspend a permit may be appealed directly to the city council by any aggrieved party, provided the aggrieved party, within ten days of the allegedly improper decision files the appeal with the director of public works and pays the appeal fee, which amount may be established by resolution. The city council may overturn the director's determination if it believes that doing so would be in the public interest.

(Ord. No. 1332, § 4, 11-27-12)