Torrance Municipal Code Art. 6 Street Excavations

(Amended by O-3177)

a) "Cut" shall mean any penetration, cleavage or break.

b) "Improvements" shall mean roadways, pavement, sidewalks, curbs, gutters, underground installations and any other permanent additions to the land, including striping, traffic signs, and other traffic control devices.

c) "Public place" shall mean any easement, fee, or other real property or interest therein owned by the City of Torrance or any other public agency.

d) "Underground installation" shall mean any tank, pipe, conduit, duct, tunnel or other structure located under the surface of the ground.

(Amended by O-2763; O-3267)

a) Effective July 1, 1977, except as provided in Section 74.6.3, no person shall make or cause to be made any excavation, cut or fill in or under the surface of any street or other public place in the City of Torrance or construct, alter, or reconstruct any improvements thereon or therein without first having obtained from the City Engineer a permit to make such excavation or construction. Such permit is referred to as a construction excavation permit.

b) No person shall construct or cause to be made any such excavation cut or fill at any location or in any manner other than as provided in such permit and in this Code.

c) The City Engineer, before issuing such permit, shall require:

1. A written application therefor to be made and filed with the City Engineer wherein the applicant shall set forth, among other things:

A) His name and residence or business address.

B) The location and area of each excavation intended to be made.

C) The purpose for which the construction or excavation is to be made and used.

D) The estimated time to complete the work.

2. A plat in duplicate showing the location of each proposed excavation or new construction, the dimensions thereof and such other details as the City Engineer may require to be shown upon such plat; provided, however, that the City Engineer may waive such requirement when, in his opinion, the plat is unnecessary.

3. Proof of legal authority to occupy and use, for the purpose mentioned in said application, the streets wherein the excavation is proposed to be made.

4. A report of survey, when such is deemed to be desirable by the City Engineer.

5. A permit fee which shall be set by resolution of the City Council from time to time.

6. A fee as determined by the City Engineer to cover the cost of doing any survey work which may be required by the City Engineer.

7. The special or general deposits as required by Section 74.6.4

8. The fees as required by Section 74.6.5

9. Such other information as the City Engineer may desire.

d) A permit for the construction, alteration or reconstruction of improvements on property of the City of Torrance shall be issued only to a person licensed by the State of California as a contractor for the work to be performed under said permit.

a) An excavation, cut or fill may be made in an emergency without a permit therefor having been issued.

b) An emergency shall exist in any situation where, due to the shortness of time and the magnitude of the danger sought to be averted, it is impractical to secure a permit before work is commenced.

c) Any person making or causing to be made any such emergency excavations, cut or fill shall notify the City Engineer thereon and shall obtain a permit therefor as soon as practicable after such work is commenced.

d) The provisions of this Section shall be strictly construed against the person claiming the benefit hereof and such person shall have the burden of proving the existence of such emergency.

(Amended by O-2564)

a) Before the City Engineer shall issue a street excavation permit, the applicant shall have on deposit with the City the following amounts:

1. Portland Cement concrete curb and gutter or curb only, including any required base-$6.00 per lineal foot.

2. Portland Cement concrete sidewalk or driveway 3 1/2 inches through 4 inches in thickness, including any required base-$1.00 per square foot.

3. Portland Cement concrete gutters or paving greater than 4 inches in thickness, including any required base-$1.00 per square foot.

4. Asphaltic concrete paving, including any required base-$1.50 per square foot.

5. Earth surfaces not paved including rock seal, grass, or landscaped areas-$0.25 per square foot.

6. Street barricades (permanent)-$5.00 per lineal foot.

7. Redwood headers-$1.00 per lineal foot.

8. House connection sewer-$6.00 per lineal foot of trench.

9. Connection to existing sewer-$50.00 lump sum.

10. General excavation or fill-$5.00 per cubic yard.

b) Notwithstanding the amount of special deposit required by subsection a), no such special deposits shall be less than the following amounts:

1. Twenty-five Dollars ($25.00) for any permit.

2. Five Hundred Dollars ($500.00) for a sewer lateral.

c) In lieu of the special deposit required by subsections a) and b), the applicant may deposit with the City Engineer:

1. A general deposit of One Thousand Dollars ($1,000.00) which shall allow the issuance of permits for street excavations up to one thousand square feet per month; or

2. A general deposit of Four Thousand Dollars ($4,000.00) which shall allow the issuance of permits for street excavations up to five thousand (5,000) square feet per month;

3. Except that, in the case of sewer laterals, a general deposit of Two Thousand Dollars ($2,000) shall be required.

4. Any person making such general deposit shall be required to file a written application for a separate permit for each excavation, and no permit or permits will be issued for work which would exceed the bond, or cash deposit limits of any general deposit on file with the City.

d) Such special or general deposit may be either in the form of cash, certified or cashier’s check payable to the order of the City of Torrance, or bond in an amount as set forth in this Section, plus ten (10) percent thereof, but in no event shall such bond amount be less than Five Hundred Dollars ($500.00). Such bond shall be executed by the applicant to the satisfaction and approval of the City Engineer and approved by the City Attorney as to form, made by a surety company rated AAA or better by Bests’ Insurance Guide and made payable to the City of Torrance. Such bond shall be conditioned upon the payment of all charges required by Sections 74.6.2. to 74.6.14., the faithful performance of all work done, and the maintenance of the surface of the street for a period of two (2) years as required by Section 74.6.8.(c). The Director of Finance is hereby authorized to enforce collection under said bond or check of all sums due for charges hereunder, and for any and all damages accruing to the City of Torrance by reason of faulty or defective work of the permittee.

The City will pay no interest on money deposited with it as a general deposit.

e) Notwithstanding the above provisions of this Section, the following persons shall be exempt therefrom:

1. Any grantee of a franchise from the City having on deposit with the City a bond for the faithful performance of the grantees duties thereunder.

2. Any person having on deposit with the City a bond or monies (other than as provided in this Section) guaranteeing the work to be performed under the street excavation permit in the amount otherwise required by the provisions of this Section.

3. Any public agency or public utility having lawful authority to occupy the streets and highways of the City and to maintain any works and facilities, in, under, on, or over any public highway shall be exempt from posting the special and general deposits and bonds required by this Section when such public agency or public utility has entered into an agreement with the City to:

A) Guarantee that the work to be performed under the street excavation permit will be completed to the satisfaction of the City Engineer and in accordance with this Code, and that if said work under the street excavation permit is not completed to such satisfaction and in accordance with this Code, that the agency or utility will reimburse the City for any costs incurred by the City in completing the work to its satisfaction and

B) Hold the City free and harmless from any liability that should arise from any act or operation of the agency or utility pursuant to the street excavation permit including any and all damages accruing to the City of Torrance by reason of faulty or defective work of the permittee and that the agency or utility will defend the City in any litigation arising from any such liability.

(O-2390)

(Amended by O-2763; O-2837; O-3267)

a) Effective July 1, 1978, the making and refilling of any excavation, cut or fill in or under the surface of any street or other public place and the construction, alteration or reconstruction of any improvements thereon or therein shall be done without any cost therefor inuring to the City and shall be done under the supervision of the City Engineer. Any such work done without inspection and approval by the City Engineer shall be subject to rejection and abatement as a public nuisance. Whenever the permittee desires such inspection, he shall give the City Engineer at least twenty-four (24) hours’ notice prior to the beginning of the work.

b) Before any street excavation permit is granted, the applicant shall pay to the City Engineer inspection fees, which shall be set by resolution of the City Council from time to time.

c) Any person engaged in the making of an excavation, cut or fill on, in or under the surface of any street or public place or the construction, alteration or reconstruction of any improvements thereon or therein, at all times while such work is in progress, shall keep at the place where such work is located, the original permit, or the permit number in case of a blanket permit, for such work and on demand shall exhibit the same to the City Engineer or any of his inspectors or his other employees or to any police officer of the City.

(Amended by O-1073; O-3177)

a) After an excavation, cut or fill in or under the surface of any street or other public place, or in the construction, alteration or reconstruction of any improvements thereon or therein is commenced, such work shall be prosecuted diligently to completion.

b) Every permit for making an excavation for a sewer lateral connection to a main sewer, or for any service connection, or for making repairs to the same, shall be void unless all work to be done pursuant thereto shall be done and the same area so excavated, cut or filled is resurfaced with permanent pavement in the manner required by this Code within forty-five (45) days after the date such permit was issued, unless otherwise specified by the City Engineer. The City Engineer may grant extensions of time for periods not exceeding fifteen (15) days for the performance of such work and resurfacing whenever the City Engineer shall deem that good cause exists therefor. If any such extension of time be granted, such permit shall be void unless all such work and resurfacing shall be done in the manner required by this Code prior to the expiration of such extension of time. Any excavation, cut or fill made for the purpose of constructing a sewer lateral shall be completed with temporary pavement in the manner required by this Code within three (3) days after inspection of the pipe by the City Engineer, if a pipe is laid, and nothing herein contained shall be deemed or construed to allow a longer period of time therefor.

c) Every street excavation permit, except one issued for the purposes specified in subsection b), shall be void unless all work to be done pursuant thereto shall be completed and the public improvements affected by such work shall be resurfaced with permanent paving in the manner required by this Code within sixty (60) days after the date of issuance of such permit. The City Engineer may grant extensions of time for periods not exceeding thirty (30) days for the performance of such work and resurfacing whenever the City Engineer shall deem that good cause exists therefor. If any such extension of time be granted, such permit shall be void unless all such work shall be done and such improvements shall be resurfaced with permanent pavement in the manner required by this Code prior to the expiration of such extension of time.

d) Notwithstanding the above provisions of this Section, every street excavation permit shall be void unless the public improvement affected thereby is replaced and resurfaced with temporary pavement within fifteen (15) days from the date of the commencement of the work to be performed under the permit; provided, however, that trenches longer than two hundred (200) feet shall be refilled and resurfaced with temporary pavement within thirty (30) days after the commencement of such work; and provided further, that curbs, sidewalks or gutters excavated or cut pursuant to such permit shall be replaced in permanent form within fifteen (15) days after the date of such excavation or cut. The City Engineer may grant extensions of time as provided in subsection c). Notwithstanding the above provisions of this subsection, such provisions shall not apply where excavations, cuts, fills or trenches are resurfaced with permanent pavement within the time limits specified therein for temporary pavement.

e) If any person shall fail to replace, repair, resurface, repaint or restripe or replace traffic control signs on or within any public improvement within the time required by this Section and in the manner required by this Code, then the City or a contractor hired by the City may complete the replacement, repair, resurfacing, repainting or restriping of such improvement in the manner required by this Code. In such event, the City of Torrance shall retain the cost of such work, plus fifteen (15) percent thereof for engineering, inspection and administrative overhead, from the special or general deposit made for such work, or from the deposits set forth in subsection f) of Section 74.6.4

(Amended by O-1073)

a) Excavations made pursuant to this Article shall be backfilled in a manner satisfactory to the City Engineer who may require trenches to be settled either with water or by tamping, or both. In the event an excavation is five (5) or more feet in depth, and the operator of a power unit engaging in backfilling is unable to see into the excavation, a competent person shall be placed at the site of the work for the purpose of observing the backfilling operation. All excavations shall be backfilled in a workmanlike manner, and surplus material removed without delay. In street excavations, the surface over the trenches and to the side thereof, after being backfilled, and after settlement has taken place, shall be finished in a workmanlike manner and in accordance with specifications furnished by the City Engineer.

b) Temporary pavement shall be constructed of cold-laid asphalt at least one (1) inch greater in thickness than that removed and shall be placed in a workmanlike manner to the satisfaction of the City Engineer. Base construction in all cases shall be two (2) inches greater in thickness than existing base. Base shall be compacted in excess of ninety (90) percent and shall be of a grade not less than untreated rock base material. Permanent pavement shall be constructed as specified in the permit and shall be at least one (1) inch greater in thickness than that removed. The City Engineer for good cause shown by the permittee may authorize construction of temporary or permanent pavement of a thickness less than those specified in this subsection.

c) All building, fences, shrubbery, lawns, walks, driveways or other improvements damaged by excavation, cut, fill or otherwise, shall be replaced or reconstructed without delay in a workmanlike manner.

d) All sewer laterals shall be constructed of vitrified clay pipe, having an internal diameter of at least six (6) inches.

(Amended by O-1073; O-2015; O-3177)

a) Every person making an excavation, cut or fill in or under a street shall restore the surface thereof in accordance with the provisions of this Code.

b) Every person making an excavation, cut or fill in or under a street shall, until the permanent pavement is replaced:

1. Maintain the surface of the backfill or of the temporary pavement at an elevation equal to that of the adjoining street surface and in a manner safe for vehicles and pedestrian traffic.

2. Place and maintain barriers at each end of the excavation, cut or fill and at such places along the excavation, cut or fill as may be necessary to prevent accidents, but with a maximum interval of one hundred (100) feet; and shall place and maintain a sign on every such barrier with letters not less than three (3) inches in height, which sign shall state the name of the person making the excavation.

3. Place and maintain warning lights at each end of such excavation, cut or fill and at intervals of not less than fifty (50) feet along the sides thereof from sunset each day to sunrise of the next day. A fee of Ten Dollars ($10.00) per day shall be charged such person for each barricade or warning light placed or replaced by the City where this Article is violated by the absence of said barricades or warning lights.

4. Place and maintain any and all regulatory signs, warning signs, detour signs and/or directional signs as required by the project specifications or as required by the Director of Transportation. A fee of Ten Dollars ($10.00) per day shall be charged such person for each such sign placed or replaced by the City where this Article is violated by the absence of said signs.

5. In the event any temporary or sub-paving is provided and traffic is allowed to drive upon such temporary or sub-paving, all striping or other pavement markings which existed in that location prior to the start of work shall be replaced or changed as required by the Director of Transportation. A fee of Ten Dollars ($10.00) per square foot of paint and Five Dollars ($5.00) for each raised marker shall be charged such person for any traffic striping or pavement markings maintained or replaced by the City where this Article is violated by the absence of said striping and markings. All traffic control devices shall conform to the latest edition of the State of California Traffic Manual.

6. Maintain a telephone or telephones where he can be reached twenty-four (24) hours a day and shall leave the number of such telephone or telephones with the City Engineer and the Watch Commander of the Torrance Police Department.

7. Maintain safe crossings for vehicle and pedestrian traffic at all street intersections and shall maintain safe crossing for pedestrians along such excavations, cut or fill at intervals of not less than six hundred (600) feet.

8. Place all materials excavated compactly alongside the trench and in such a manner as to cause as little inconvenience as possible to vehicle and pedestrian traffic. If such street is not wide enough to hold the excavated material without the use of the adjacent sidewalk, such person shall erect a tight board fence upon and along such sidewalk and maintain thereon a passageway for pedestrian traffic at least four (4) feet in width.

9. Maintain all adjacent gutters free and unobstructed for the full depth of the adjacent curb and for at least one (1) foot in width measured from the face of such curb at the intersection of the curb and the street; and whenever a gutter crosses an intersecting street, shall provide and maintain an adequate waterway.

10. Provide access from the street to all fire hydrants and watergates and to abutting property owners unless their consent to the contrary is first obtained.

11. Keep at least one-half (1/2) of the street open at all times for vehicular traffic.

c) Every person making an excavation, cut or fill in a paved City street shall maintain the surface thereof in good condition for a period of two (2) years following the date of issuance of the permit therefor.

No person shall install, or cause to be installed, any underground installation except manholes, culverts and catch-basins, in any street at a depth of less than twenty-four (24) inches below the established grade of the gutter of such street; provided, however, that where, by reason of the construction of any underground installation, it is not feasible to install the same at such depth, the City Engineer, upon satisfactory showing of the necessity thereof or the public benefit to accrue therefrom, may grant a special permit for such installation at a lesser depth.

The Director of Finance shall cause a statement showing the amount due the City from every person for any work performed by the City under the provisions of this Article to be mailed to every such person, or to his agent in the City of Torrance, on or before the tenth day of any month, for any and all such work performed during the previous calendar month. The amount due the City as shown by any such statement shall be paid to the City on or before the tenth day of the month following the month which any such statement is mailed, as herein provided. In the case of a special deposit, the balance shall be returned within thirty (30) days after the street surface has been replaced to the satisfaction of the City Engineer and the Superintendent of Streets of the City. The said amount due the City shall be deducted from any and all deposits then on hand belonging to, or that may hereafter be made by any person under the provisions of Sections 74.6.2. to 74.6.14.

All monies refunded pursuant to the provisions of this Article shall be paid upon demands audited and paid in the same manner as other demands against the City are audited and paid.

a) The person owning or controlling an underground installation which is used or intended to be used for transporting hydrocarbon substances, electricity, water, steam or ammonia shall file in the Office of the City Engineer within ninety (90) days after the passage of this Ordinance, a map or set of maps, each drawn to a scale of not more than two hundred (200) feet to one (1) inch, which shall show in detail the exact location, size, description and date of completion if known, of such underground installation, including all mains, laterals, services and service pipes, valves, pressure regulators, drips, manholes, handholes, transformers, chambers and other appliances used in connection therewith.

b) Every such person, within fifteen (15) days after the first day of January of each and every year, shall file in the office of the City Engineer a corrected map or set of maps, each drawn to a scale and showing the information required by subsection a), including all changes in such installation made during the previous year to and including the last day of such year.

c) Whenever any underground installation is abandoned, the person owning or controlling the same shall file in the Office of the City Engineer within thirty (30) days after such abandonment, a statement in writing giving in detail the location of the installation so abandoned.

d) Each map or set of maps filed pursuant to the provisions of this Section shall show in detail the location of all underground installations abandoned subsequent to the filing of the last preceding map or set of maps.

a) Whenever an underground installation is abandoned, the person owning or controlling said underground installation shall:

1. File the map as provided in Section 74.6.12.c).

2. Remove said underground installation within sixty (60) days after abandonment, unless written permission to the contrary has been obtained from the City Engineer.

3. Backfill and resurface the area vacated by the removal of said underground installations in accordance with the provisions of Sections 74.6.5., 74.6.6.a), 74.6.7. and 74.6.8

4. Pay to the City Engineer the inspection and supervision fees as required by Section 74.6.5

b) An underground installation shall be deemed to have been abandoned whenever it is actually abandoned or whenever it is not used for a period of thirty (30) days or more, unless consent to such disuse has been secured from the City Engineer.

c) The provisions of this Section shall not apply to underground installations for which a franchise has been granted by the City of Torrance, the term of which franchise has not expired as of the date of abandonment.

None of the provisions of this Article shall apply to any work done or to be done in or under any street or other public place pursuant to any law of the State of California providing for the improvement thereof or to any work done or to be done in or under any such street or other public place pursuant to any contract for improvement authorized by the City Council of the City of Torrance; provided, however, that the provisions contained in Section 74.6.8. shall apply to all such work, and to all excavations, cuts or fills to be made in or under any street or other public place; and provided further, that the provisions contained in Section 74.6.7. shall apply to all such work whenever the specifications for said work so provide; and provided further, that a subdivider shall not construct or cause to be constructed, a sewer or water pipeline or make or cause to be made any excavation in an existing street not a part of the subdivision without first obtaining a permit as in this Code set forth.