Tracy Municipal Code Art. 1 Regulations For Excavations

It shall be unlawful for any person, firm or corporation, either as principal, agent or employee to make or cause to be made any excavations in, upon or under the surface of any public street in the City, or to dig in, plow up, tear up, fill, cover, disturb or change any portion of the same, or, in conjunction with such excavation, to construct or permit to be constructed, put upon, maintained or left thereon any obstruction or impediment to travel, or pile or place any materials thereon, or in any other manner encroach into the public street without first obtaining a written permit from the City Public Works Department. For purposes of this article, a public street shall be any public road, public right-of-way or public place for the purpose of pedestrian, bicycle or vehicular travel.

Applications for such permits shall be filed with the City Public Works Department on forms provided by that Department and shall be completed to include the following:

(a) The name, address, and principal place of business of the persons, firm or corporation making the application;

(b) The location, purpose, nature and exact dimensions of the proposed excavations or obstructions;

(c) A plat, in duplicate, designating the location of the street and excavations thereon, the dimensions thereof and any other information which may be requested by the City; provided, however, that the filing of a plat shall not be required when excavations are made for service connections or for the location of trouble in conduits or pipes or making repairs thereto;

(d) The time during which it is estimated that the excavations, obstructions or encroachments will exist;

(e) A signed statement evidencing that the applicant agrees to indemnify, defend and hold the City, its authorized agents, officers, representatives and employees harmless;

(f) Evidence that the applicant possesses insurance for personal injury and property damages for a major encroachment request with a minimum personal injury liability limit of Five Hundred Thousand and no/100ths ($500,000.00) Dollars per person and One Million and no/100ths ($1,000,000.00) Dollars per occurrence and property damage limits of Two Hundred Fifty Thousand and no/100ths ($250,000.00) Dollars.

(Prior code § 7-1.101)

In addition to the requirements set forth in this chapter, the applicant, at the time of filing the application, shall pay required fees determined by the Public Works Department in such amount as may be established from time to time by resolution of the City Council. No permit shall be issued until the fees have been paid.

Permit Fee. The permit fee shall be a standard administrative fee applicable to all permits and shall be in accordance with the prevailing fees as established from time to time by resolution of the City Council.

Inspection and engineering fees. In addition to the permit fees the applicant shall pay estimated inspection fees as determined by the Director of Public Works to monitor and inspect compliance of construction with the City Standards. Inspection fees shall be charged for the number of inspection hours estimated by the Public Works Department and the rates shall be in accordance with the prevailing rates established from time to time by resolution of the City Council.

The permittee shall also pay engineering fees as determined by the Director of Public Works in accordance with the fee schedule adopted by resolution by the City Council. The engineering fee shall be based upon the City services required for investigation, coordination, engineering review and compliance of other requirements for the requested application of the encroachment permit depending upon the size of the project.

(Prior code § 7-1.101.1)

Any permit issued pursuant to this article may be subject to terms and conditions, including, but not limited to the following:

(a) That the City may make such changes to the proposed excavations, obstructions or encroachment as deemed necessary for the protection of the public street, existing traffic patterns and the safety of persons using the public street;

(b) That the City may prescribe the hours during which the proposed excavation, obstruction or encroachment may occur in order to minimize any interference with traffic pattern within the City;

(c) That the applicant agrees to replace, repave and restore the street at the place of the excavation, obstruction or encroachment to its condition prior to making the excavation, obstruction or encroachment to the satisfaction of the Director of Public Works, or the street may be replaced, repaved or restored by the City at the applicant's expense, in accordance with the prevailing policies, and ordinances of the City;

(d) That the contractors and utility companies doing non-City work shall be required to submit a refundable cash deposit or Certificate of Deposit up to an amount equal to 100% of the construction cost of the work up to a maximum of Five Thousand and no/100ths ($5,000.00) Dollars per project. This deposit will be a security for the City to perform any repair or corrective work as a result of the construction work done by the permittee. The Director of Public Works may accept a bond in lieu of the deposit;

(e) In case of the property owner being the permittee for small work related to sidewalks and driveways with construction costs not exceeding $1,000.00, the Director of Public Works may waive the above deposit requirements. In the event that work is incomplete, damaged and/or not accepted by the Public Works Department, the City will make necessary repairs, corrections or cleanup as determined by the Director of Public Works and put a lien against the property owner for that follow-up construction cost. This cost shall be added and recovered from the next annual property tax bill of that property owner;

(f) That the applicant agrees to either remove any obstruction, encroachment or material placed upon the street within the time period provided in the permit or pay the City for such removal as described in subsection (c) above;

(g) That the applicant shall install and maintain lights, barriers, warning signs or other measures designed to protect the public traveling upon such street in accordance with the City's Safety and Traffic Control Manual;

(h) That the applicant agrees to provide proper notification of commencement of work to the Department of Public Works attention Construction Management. This notification shall be provided at least forty-eight (48) hours prior to start of work;

(i) All work in the streets shall be performed by a contractor properly licensed by the state to perform such work.

Failure to comply with these requirements shall be subject to rejection of work and forfeiture of deposit in accordance with the City policies.

(Prior code § 7-1.101.2)

Upon compliance by the applicant with the foregoing conditions and requirements, the application shall be approved and the permit issued by the City Public Works Department unless the issuance of the permit is contrary to the health, safety or welfare of the citizens of Tracy as determined by the Director of Public Works. In determining whether to approve the application, the City may consider the effect that proposed work will have on travel within the City. If approved, the permit and application shall be filed and the Public Works Department shall issue a written permit to the applicant to perform the acts approved in the application. No permit issued under this section shall be transferable. Every permit shall become void unless the work thereby permitted is commenced and thereafter diligently performed within ninety (90) days from the date of the permit's issuance, unless a longer period is specified in the permit.

(Prior code § 7-1.101.3)

Every person, firm or corporation making any excavation or erecting or leaving any obstruction in the public street, or causing the same to be made, erected or left shall place and maintain the lights and barricades at each end and other locations of such excavation in accordance with the "Safety and Traffic Control Manual" for construction zones in the City.

Notwithstanding the foregoing, said person shall comply with any order of the City Public Works Director/Designee or any law enforcement officer concerning lights and barriers for such excavation or obstruction.

(Prior code § 7-1.101.4)

No excavation or obstruction shall obstruct the street or road or any travel thereon which is more than absolutely necessary.

(Prior code § 7-1.101.5)

Upon completion of work under this permit, the applicant shall promptly and in workmanlike manner, refill the excavation and/or remove obstruction in the street, and it shall be unlawful for the applicant to fail to comply with this requirement. The refilling of all such excavations shall be made in accordance with the City Standard Plans and Specifications. Within fourteen (14) working days, the surface of the street shall be repaired to its original condition with permanent patch and shall be made smooth, even and flush with the surrounding surface of the street, without bumps or depressions, under the direction of the City inspector.

If any person, firm or corporation making an excavation in or placing any obstruction on any street shall fail to refill such excavation or remove such obstruction or shall fail to restore the street to its former condition as herein directed and in a manner satisfactory to the City, at any time, City may do or complete said work of refilling, removal or restoration and the person, firm or corporation by whom or under whose direction said excavation was made or obstruction was placed shall be liable to the City for the cost of such work done by the City and the City will to the extent possible, deduct the cost of such work done from the deposit made by the permittee and any part of said deposit remaining after defraying such expenses shall be returned to the permit holder costs in excess of the deposit shall be immediately due and payable by the permittee. In case of work done by the property owners, the cost of City services to correct, repair or clean up their work shall be put as a lien against their property in accordance with the City policies if the amount due is not paid within thirty (30) days of the invoice.

(Prior code § 7-1.101.6)

Except for emergencies as listed below and as determined by the Director of Public Works, permission to excavate in newly resurfaced streets will not be granted for a three (3) year period after completion of construction, reconstruction or resurfacing of that street. For those streets with chip seal or slurry seal coatings, the moratorium shall be for eighteen (18) months. Utility companies shall determine alternate methods of making necessary repairs to their services to avoid excavating in newly surfaced streets. Exceptions to the above are as follows:

(a) Emergency conditions which endangers life or property;

(b) Interruption of essential utility service;

(c) Work that is mandated by City, State or Federal legislation;

(d) Service for buildings where no other reasonable means of providing service exists;

(e) Other situations deemed by the Director of Public Works to be in the best interest of the City and general public.

(Prior code § 7-1.101.7)

When an emergency situation endangering life or property exists, and excavation, obstruction or encroachment of or into the public street would aid in remedying that emergency situation, any person, firm or corporation may make such necessary excavations, obstructions or encroachments without the permit required by this article providing that it was impractical to obtain the permit at that time of the day. In such event the said person, firm or corporation shall inform the City Department of Public Works within twenty-four (24) hours of the trenching work on the week days and within seventy-two (72) hours on the weekends and must obtain a permit by paying the necessary fees. In the event that such permit is not obtained within the specified period of time, the City will impose penalties in addition to the permit fees in accordance with the City's prevailing policies and ordinances. For the purposes of this article, it is feasible to obtain a permit when City Hall is open for business.

(Prior code § 7-1.101.8)

(a) Construction of water and sewer connections to water and sewer mains shall be the responsibility of the property owner.

(b) The City shall maintain, at its expense, sewer laterals between the cleanout within the City right-of-way or easement and the main line. No maintenance shall be performed by the City on sewer laterals in the following situations:

(1) No cleanout exists within the City right-of-way or easement;

(2) The cleanout does not conform to City Standard Plans and Specifications;

(3) The sewer lateral is not directly accessible from the City right-of-way. Installation, repair, and maintenance of the sewer cleanout is the responsibility of the property owner. The sewer cleanout and sewer lateral must be inspected and be in good condition in order to be accepted by the City prior to the City being responsible for maintenance of that sewer lateral.

(c) For all excavations in the City right-of-way or easement, the property owner or utility company shall be responsible for obtaining and paying for all applicable permits from the City Public Works Department. The property owner is responsible for proper excavation, installation, backfill, compaction and paving in accordance with the City Standard Plans and Specifications.

(Prior code § 7-1.102, as amended by § 3, Ord. 966 C.S., eff. January 15, 1998)

(a) Before backfilling is started, the Director of Public Works shall be notified so that inspections may be made during such work. Backfill shall conform to the applicable portions of the City's standard specifications in effect at the time the permit is issued.

(b) In the event portions of the streets excavated settle within one year after the completion of the project, even though the Director of Public Works or inspector has approved the work of backfilling, the contractor or utility to which the permit was issued shall cause such portion to be repaired.

(c) Any person who has been granted a street encroachment permit shall prosecute all such work diligently and without interruption to completion. No intersection of streets shall be blocked for a period over eight (8) hours. When a street, avenue, alley, or public roadway is to be opened by an excavation, the Fire Department shall be notified in writing setting forth the location and extent of such excavation. All street excavations at intersections shall be bridged at night.

(d) All persons who have been granted a street encroachment permit shall erect and maintain, at their own cost and expense, through the progress of the work, all such barricades, guards, temporary bridges, watchmen, lights, and other notices as may be necessary or required to protect the work, prevent accidents, or to properly guide and protect the general public from danger, damage, or injury.

(e) All persons who have been granted a street encroachment permit shall protect and hold harmless the City from any and all damages or claims arising directly or indirectly from the doing of such work by the applicants.

(f) By granting an encroachment permit, the City does not relieve any person from the responsibility of moving or relocating his facility if it conflicts with the City's need for that particular location in the street right-of-way at any time.

(Prior code § 7-1.103)

No building shall be erected or enlarged nor a building permit issued on any lot within the City's Master Plan or any Specific Plan if such lot abuts any planned public thoroughfare or storm drainage channel within such Master or Specific Plan, unless necessary frontage has been dedicated and improved for the full frontage width of such lot as it borders the planned public thoroughfare or storm drainage channel, or unless such dedication and improvement has been assured. The street area adjacent to all premises having any new construction or remodeling, such as paving, structures, and the like, shall be improved at the expense of the property owner with curbs, gutters, sidewalks, street lights, landscaping and street paving to the center of the street before the construction work is completed. This requirement shall be applicable only when the new construction on the premises exceeds four (4) times the cost of the required improvements in the street area. The dedication and improvement necessary shall be determined according to any General Plan, Specific Plan, Master Plan or Plan Line. The dedication and improvements shall be at applicant's expense.

Driveways shall be removed and curbs and sidewalks installed at the expense of the property owner when buildings or other obstructions are constructed, demolished, or removed causing the abandonment of such driveways.

If the estimated construction cost on the premises is more than Five Hundred Thousand and no/100ths ($500,000.00) Dollars only all proposed or existing overhead service distribution lines for utilities shall be required to be undergrounded in front of such developments at the property owners expense in accordance with the improvement cost determination referenced in the first paragraph of this section. Exceptions to this shall be only in cases where PUC regulations require overhead services to stay. The length of required undergrounding may be more than the frontage of the property depending upon the location of adjacent poles and as required per the existing site conditions.

The following shall be applicable if the utility service lines are located only on one (1) side of the street:

(a) In case the overhead utility service lines are located on the side of the street fronting the developing property and a developable property exists on the opposite side of the street, the owner will bear the full cost of undergrounding and may opt to request the City for reimbursement of the opposite property owner's share with a maximum amount up to one-half the construction cost required for undergrounding of the applicable frontage. This reimbursement will be based on a signed agreement between the City and the owner. The agreement will be valid only if the opposite properties are developed in accordance with the improvement cost determination as listed in this chapter. The reimbursement will be made only at the time of actual development of the opposite properties. The owner will bear the full cost of undergrounding if a developable property does not exist on the opposite side of the street fronting this property.

(b) In the event the overhead utility lines are located in the opposite side of the street fronting the developing property and the opposite property/properties are undeveloped or partially developed, the owner of the developing property shall pay in lieu fees to the City equal to his share of the construction cost of the undergrounding. The fee shall also include an additional fifteen (15%) percent administrative fee. The City will reimburse the opposite property owners to underground the overhead utilities at the time these properties are developed in accordance with the requirements stated in this chapter.

All reimbursements shall be in accordance with the City's prevailing reimbursement policies and shall be the lesser of the actual cost incurred to complete the undergrounding or the in lieu fees collected by the City.

Any improvement constructed shall meet the City's standard specifications; provided, however, within the Downtown Historic District, as designated in Council Resolution No. 3232, adopted August 22, 1979, the City Engineer may approve the continuation, use, and replacement of existing curb, gutter, sidewalk and other improvements listed above which do not meet City specifications where such improvements are functionally equivalent, pose no public health or safety threat, and are consistent with policy adopted by resolution of the Council.

(Prior code § 7-1.104)

Standard fixed fees, established by resolution of the Council, shall be charged by the City for installing four (4″) inch lateral sewers. Larger size lateral sewers, or sewer connections installed by the City, shall be charged for on the basis of labor, materials, and equipment costs. Such fees and costs shall include payment for all work between the main and the property line or easement line.

Standard fixed fees shall be paid by the property owner or his agent at the time an application is made to the City for the sewer connection. For other sewer connections to be made by the City, the applicant shall deposit with the Director of Finance an amount sufficient to cover the cost of the installation as estimated by the Director of Public Works. Upon the completion of the work, the applicant shall be refunded any surplus or shall pay any additional cost.

A standard fixed price per square foot, established by resolution of the Council, shall be charged by the City for reinstalling base and paving in street excavations. A deposit may be required if deemed necessary by the Director of Public Works. Such deposit shall be deposited with the Director of Finance and be in an amount sufficient to cover the cost of the work as estimated by the Director of Public Works. Upon the completion of the work, the applicant shall be refunded any surplus or shall pay any additional cost.

(Prior code § 7-1.105)