Stanton Municipal Code Ch. 12.08 Excavations

No person, firm or corporation shall make or cause or permit to be made, any excavation in or under the surface of any public street, alley, sidewalk or other public place for the installation, repair or removal of any public conduit, duct or tunnel, or for any other purpose without first obtaining from the city engineer a written permit to make such excavation and make a deposit to cover the cost of inspection and of restoring such public street, alley, sidewalk or other public place to its original condition, together with the incidental expenses in connection therewith as provided in this chapter. No person firm, contractor, or corporation shall perform any work on or within city property as defined in Section 12.12.010(A) or the public right-of-way without first obtaining an encroachment permit as required under Section 12.12.010 of the Stanton Municipal Code.

(Prior code § 12.12.010; Ord. 1135, 11/24/2023)

Before issuing such permit, the city engineer shall require that the provisions in Sections 12.08.030 through 12.08.110 are complied with.

(Prior code § 12.12.020)

A written application therefor, to be made and filed wherein the applicant shall set forth the name and residence or business address of the person, firm or corporation making such application and shall state in detail the location and area of each excavation intended to be made and shall state the purpose for which the excavation is to be made and used.

(Prior code § 12.12.030)

The applicant shall present a plat showing the location and dimension of each proposed excavation or such other details as the city engineer may require; provided, that the filing of the plat shall not be required when excavations are made for service connection, for the location of trouble in conduits or pipes, or for making repairs thereto.

(Prior code § 12.12.040)

The applicant shall show legal authority to occupy and use for the purpose mentioned in the application, the streets, alleys, sidewalks or other public places wherein the excavation is proposed to be made.

(Prior code § 12.12.050)

No person, firm or corporation shall make or cause or permit to be made, any excavation or installation or maintain or cause or permit to be installed or maintained, any tank, pipe, conduit, duct or tunnel in or under the surface of any public street, alley, sidewalk or other public place at any location other than that described in the application and shown on the plat filed by such person, firm or corporation as required by the provisions of this chapter; and the city engineer may require such survey as he may deem necessary to insure full compliance with this section.

(Prior code § 12.12.060)

A. After the application to excavate and the details shown on accompanying plat when such plat is required, have been approved by the city engineer, and before permit shall be issued, the applicant shall make cash deposit in an amount to be established by city council resolution, from the deposit the city shall retain an amount to be established by city council resolution.

B. Upon proper restoration of the excavation within the time allotted, the balance of any deposit shall be refunded. Failure to properly restore the excavation within the time allotted shall result in forfeiture of the deposit. Such forfeiture shall not relieve the permittee from any penal provision of this chapter.

(Prior code § 12.12.070; Ord. 507 § 2, 1978)

Upon receipt of the written application as provided in Sections 12.08.010 through 12.08.110, and the cash deposit required by Sections 12.08.010 through 12.08.110, the city engineer shall issue a permit to make such excavation and shall keep an accounting thereof.

(Prior code § 12.12.080)

Such permit shall specify the person, firm or corporation to whom the same is issued, the street, alley or other public place and the particular portion or portions thereof to be excavated and the extent of such excavations.

(Prior code § 12.12.090)

All permits shall become and be void unless the excavation to be made pursuant thereto is commenced within sixty days from the date of issuance of such permit and the work diligently prosecuted as required in this chapter.

(Prior code § 12.12.100)

Such permits shall be cancelled and the city shall retain the entire fee if the work is not commenced within the time allotted. The city engineer may, upon good cause being shown by the permittee, extend the time for the completion of the work.

(Prior code § 12.12.110; amended during 1980 recodification)

It is the duty of every person, firm or corporation making any excavation in any public street, alley, or other public place, to maintain safe crossings for vehicle traffic in all street intersections and safe crossings for pedestrians at intervals of not more than three hundred feet.

(Prior code § 12.12.120)

If any such excavation is made across any public street or alley, at least one safe crossing shall be maintained at all times for vehicles and pedestrians.

(Prior code § 12.12.130)

Free access must be provided for all fire hydrants and water gates.

(Prior code § 12.12.140)

All materials excavated shall be placed compactly along the side of the trench and kept trimmed up so as to cause as little inconvenience as possible to public travel.

(Prior code § 12.12.150)

If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, the permittee shall erect tight board fence upon and along such sidewalk and keep a passageway at least four feet in width upon and along such sidewalk.

(Prior code § 12.12.160)

All gutters shall be maintained 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.

(Prior code § 12.12.170)

Whenever a gutter crosses an intersecting street, an adequate water way shall be provided and at all times maintain same.

(Prior code § 12.12.180)

It is also the duty of every person, firm or corporation making any excavation in any street, alley or any other public place, to place and maintain barriers at each end of excavation, and at such places as may be necessary along the excavation, to prevent accidents, and also to place and maintain lights at each end of such excavation and at distances of not more than fifty feet along the line thereof from sunset each day to sunrise of the next day until such excavation is entirely refilled.

(Prior code § 12.12.190)

After such excavation is commenced, the work of making and refilling the same shall be prosecuted diligently and continuously until completion so as not to obstruct the street or other public place more than is actually necessary.

(Prior code § 12.12.200)

It is unlawful for any person, firm or corporation to install or to cause or permit to be installed, any service pipe or main pipe conduit, tunnel or other structure except manholes, culverts and catch basins in any public street, alley or other public place at any distance of less than two feet below the established grade of such public street or alley or less than two feet below the surface of such other public place.

(Prior code § 12.12.210)

All excavations shall be backfilled in the manner set forth in Sections 12.08.230 through 12.08.280.

(Prior code § 12.12.220)

The trench shall be filled to a depth of six inches over the top of the pipe and shall then be thoroughly flooded with water and the material settled by poling or rodding with pipe or tamping bars.

(Prior code § 12.12.230)

The trench shall be kept flooded with water, and the backfill material shall be shoveled into the water and continuously poled or rodded until the trench is filled to the surface of the street.

(Prior code § 12.12.240)

After the fill has been allowed to settle, it shall again be filled to the level of the street surface and shall be thoroughly compacted by tamping or rolling.

(Prior code § 12.12.250)

When the backfill is completed, the surface of the backfill shall conform closely to the level of the adjoining street surface and shall be compacted so that it is hard enough and smooth enough to be safe for traffic to pass over it at any legal rate of speed.

(Prior code § 12.12.260)

The permittee shall maintain the surface of the backfill safe for traffic until the pavement has been repaired, and shall assume responsibility for all accidents which may occur due to vehicles crossing the site of the excavation at a legal rate of speed.

(Prior code § 12.12.270)

It is impracticable to maintain the surface of the backfill in safe condition for traffic, then the permittee shall maintain barriers and red lights around it until the pavement has been repaired.

(Prior code § 12.12.280)

The city engineer shall cause a statement to be made showing the amount due the city for any work performed by the city pursuant to the provisions of this chapter.

(Prior code § 12.12.290)

If, because of improper or incomplete repairs or restoration by the permittee, the city should incur expense in excess of any deposit, the permittee, in addition to the penalties provided in this chapter, shall be liable for any such expense.

(Prior code § 12.12.300)

The decision of the city engineer as to the cost of any work done or repairs made by him under the provisions of this chapter shall be final and conclusive.

(Prior code § 12.12.310)

It is unlawful for any person, firm or corporation to make or cause or permit to be made, any excavation in any unimproved public street, alley or other public place for the purpose of removing earth or gravel therefrom or to make any fill in any unimproved public street, alley or any other public place without first obtaining a permit in writing from the city engineer so to do.

(Prior code § 12.12.320)

The applicant for such permit shall make a written application stating the place where such excavation or fill is proposed to be made, the extent of such proposed excavation or fill, and the quantity of earth or gravel proposed to be moved.

(Prior code § 12.12.330)

If such application is granted, the city engineer shall issue a written permit which shall specify the place where such excavation or fill may be made, the extent thereof, and the quantity to he moved; provided, however, that if the grade of any unimproved public street, alley or other public place has been established, no permit shall be below the established grade, and no material shall he removed in such a manner as to render such street, alley, or other public place impassable or dangerous to public travel.

(Prior code § 12.12.340)

The making of such excavation or fill shall at all times be to the satisfaction of the city engineer.

(Prior code § 12.12.350)

The city engineer shall require the applicant to execute and deliver a bond in favor of the city in addition to the deposit required under this chapter. The bond shall be in such amount as the city engineer may determine, which bond shall be conditioned that the work shall be performed in a good and workmanlike manner in strict accordance with the provisions of this chapter and to the satisfaction of the city engineer. The bond can be in the form of cash, corporate surety, letter of credit or certificate of deposit. If the applicant chooses to submit a letter of credit, certificate of deposit or a bond executed by a surety company, these instruments shall be clearly set forth that the city is named payee.

(Prior code § 12.12.360; amended during 1980 recodification)

Such bond shall be also conditioned that the person, firm or corporation named in the permit will save the city harmless from any and all loss or damage that may be sustained by any person, firm or corporation by reason of making such excavation or fill.

(Prior code § 12.12.370)

Such bond shall inure to the benefit of any person, firm or corporation who sustains any loss, damage or injury by reason of the making of such excavation or fill.

(Prior code § 12.12.380)

No permit shall be issued unless there is first filed with the city engineer a plan showing the adequate protection of all property fronting upon that portion of the street along which is proposed to excavate or fill.

(Prior code § 12.12.390; amended during 1980 recodification)

When in the opinion of the council the removal of any earth or gravel from any unimproved public street, alley or any other public place or the making of fill therein is necessary for the convenience and safety of the general public, a permit may be issued therefor as provided in this chapter, by the requirement of the execution of the bond and the filing of the waiver may be dispensed with if so ordered by the council.

(Prior code § 12.12.400)

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

(Prior code § 12.12.410)

The city engineer may delegate to the public facilities maintenance superintendent any authority vested in him by this chapter.

(Prior code § 12.12.420; amended during 1980 recodification)

This chapter shall not apply to public service corporations doing business within the city by authority of the Public Utilities Commission.

(Prior code § 12.12.430)

In addition to the penalties provided for violation of the city code, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and may be summarily abated as such by the city.

(Prior code § 12.12.460)

A. Definitions. The following definitions are applicable within this section:

"Asphalt concrete (AC)"

means a blend of aggregate and asphalt binder meeting the specifications set forth in the city of Stanton standard specifications, Orange County standard specifications, and Caltrans Standard Specifications Section 39, "Hot Mix Asphalt," whichever is more stringent or as directed by the director.

"Director"

means public works director or designee.

"Excavate" or "excavation"

means any cutting, drilling, digging, potholing or otherwise disturbing the street surface within the public right-of-way to access or install a utility line or any related facility or for other reasons.

"Facility"

means any fiber optic, coaxial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing: retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible things located in, upon, above, beneath, or across any public right-of-way.

"Newly paved street"

means a public street, lane, court, alley, boulevard, median, parkway, parking lot, easement reserved by or dedicated to the city for vehicular or pedestrian travel, or other public right-of-way that was: (1) constructed, reconstructed, or overlaid within the past four years; or (2) slurry sealed within the past two years.

"Permit"

means written authorization from the director to excavate, encroach upon, or obstruct a public right-of-way in compliance with this section.

"Public right-of-way" or "right-of-way"

means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the general public for street, highway, alley, median, public utility, storm drainage, water, sanitary sewer, bikeway or pedestrian walkway purposes.

"Utility"

means any person or entity providing electricity, gas, telephone, telecommunications, water, sanitary sewer or other services to customers, and which pursuant to state law or local franchise is entitled to install its facilities in the public right-of-way.

B. Protections on Newly Paved Streets. For streets, alleys, and public places that were constructed, reconstructed, overlaid, or sealed, the following shall apply:

1. Non-emergency street excavation is prohibited for a period of four years from the date of notice of completion of street construction, reconstruction, or overlay.

2. Non-emergency street excavation is prohibited for a period of two years from the date of notice of completion of slurry seal.

C. Exceptions. Exceptions to the protections on newly paved streets may be permitted in the following situations, at the discretion of director:

1. Emergencies that create imminent endangerment of life or property;

2. Interruption of essential utility service;

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

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

5. Other situations deemed by the director to be in the best interest of the general public.

D. Waiver Application. To apply for a waiver to excavate within a public street within four years of the completion date of the street construction, reconstruction, or overlay or within two years of the date of notice of completion of slurry seal, the applicant must submit a written request to the director. The request must include the following:

1. The location of the excavation.

2. Description of the work to be performed.

3. A statement from the applicant setting forth good cause for why the work was not performed before the public street was resurfaced.

4. A statement from the applicant setting forth good cause for why the work cannot be deferred until after the respective four-year or two-year time periods referenced in this subsection.

5. A statement from the applicant setting forth good cause for why the work cannot be performed at another location.

E. Permit Conditions. In the event that a waiver is granted under subsection (D) of this section, any excavation in the public street shall be repaired in accordance with any and all conditions of the permit and the following standards:

1. Construction, Reconstruction, Overlay.

a. For street cuts/trenches, on a newly paved street perpendicular to traffic lanes (a transverse street cut), the permittee will be required to grind and overlay, two inches of AC, twenty-five feet on both sides of the trench line and for the full width of the street but not less than five feet from the end(s) of the trench. All work requires a properly licensed contractor.

b. For street cuts/trenches, on a newly paved street parallel to traffic lanes (a longitudinal street cut), the permittee will be required to grind and overlay two inches of AC, the full width of the street minimum, for the full length of the cut plus ten feet on both ends. All work requires a properly licensed contractor.

2. Slurry Seal.

a. For street cuts/trenches, on a newly paved street perpendicular to traffic lanes (a transverse street cut), the permittee will be required to slurry seal, match existing slurry seal, twenty feet on both sides of the trench line and for the full width of all impacted traffic lane(s) cut; but not less than five feet from the end(s) of the trench. If the trench end(s) is less than or equal to five feet from a lane line the adjacent lane shall be included. All work requires a properly licensed contractor.

b. For street cuts/trenches, on a newly paved street parallel to traffic lanes (a longitudinal street cut), the permittee will be required to slurry seal, match existing slurry seal, one-half street width minimum, for the full length of the cut/trench plus ten feet on both ends, but not less than or equal to five feet from trench edge both sides of trench, if this limit encroaches into adjacent lane, the other half of the street, then the full lane width shall be included. All work requires a properly licensed contractor.

3. Microtrenching. For street cuts or trenches on a newly paved street for the purpose of microtrenching, as defined in Government Code Section 65964.5, the director shall have discretion as to what repairs the permittee will be required to perform on a case-by-case basis.

F. Violation and Penalties. Any street cut, trench, or condition caused or permitted to exist in violation of any of the provisions of this section is a threat to public health, safety, and welfare. Such condition is hereby declared and deemed to be a public nuisance and may be corrected or abated as directed by the director. In addition to the foregoing, all violations of this section shall be punishable in accordance with Title 1 of this code.

(Ord. 1135, 11/24/2023)