Chapter 3 — Encroachment Work Standards

12300 - Encroachment work standards.

All work in the right-of-way must be designed and constructed in accordance with sound engineering principles and accepted standards, including but not limited to the County Road Standards, the Standard Plans for Public Works Construction and Standard Specifications for Public Works Construction, Caltrans standard plans and specifications, the California Manual on Uniform Traffic Control Devices, the National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Permit, other applicable County ordinances and other portions of standards applicable to the size, type, and location of the encroachments made.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12301 - Interference with right-of-way.

No part of the encroachment or encroachment work may permanently alter vehicular circulation or parking within the right-of-way or impede vehicular or pedestrian access or visibility along the right-of-way. No permittee may locate or maintain an encroachment in a manner that causes unreasonable interference. The permittee must move any encroachment, upon request of the Commissioner, at the permittee's cost, if the Commissioner finds the facility to interfere with the right-of-way as described in this Section.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12302 - Notice of start of encroachment work.

(a)

Before commencing any encroachment work authorized by any permit, the permittee must notify the Commissioner of the time of commencing work and, if different from the information provided in the permit, the name, address, telephone number and license number of the contractor who will perform the work.

(b)

The permittee must provide notice to the inspector's phone number listed on the permit. Notification may be via phone call, e-mail, or text to the inspector a minimum of two (2) working days before the start of work. The notification must include the permit number, location, and contact information of the person at the job site.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12303 - Location.

No encroachment of any nature may impede or obstruct the right-of-way, deny any person the use of the right-of-way, or impair the sight distance for safe pedestrian or vehicular traffic.

(a)

Encroachments must be located to minimize later adjustments to accommodate planned future improvements to the roadways and to minimize interference with roadway traffic during repair or maintenance of the utility lines.

(b)

Encroachment work for new construction including pavement widening, sidewalk, curb and gutter, and drainage must be located such that the improvement is integrated seamlessly with the existing improvements in the area.

(c)

Any pipeline that crosses the roadway must do so at ninety (90) degrees to the centerline of the roadway when feasible, or as approved by the Commissioner.

(d)

Where manholes are an essential part of utility installation, the manhole installations must be designed and located outside the wheel path of vehicles and to cause the least interference to other utilities in the roadway and future road improvements. Exemptions may be granted by the Commissioner on a case-by-case basis if the installations are designed and constructed to minimize the detrimental effects on all road users.

(e)

No above-ground utility lines may be located in the right-of-way where there presently are no overhead utility facilities, streetlight poles, or traffic-signal standards unless the California Public Utilities Commission has authorized the applicant to install such facilities and the applicant has demonstrated that no other viable option exists.

(f)

All equipment accessory structures must be located as close to the right-of-way boundary or as far from the traveled way as possible and must meet the minimum set-back of ten (10) feet from the edge of the pavement where feasible. No above-ground equipment or other encroachments may be placed within five (5) feet of the edge of the pavement.

(g)

No new above-ground equipment may exceed five (5) feet in height, unless the applicant demonstrates that an otherwise applicable law or regulation requires a greater height, in which case the installation may not exceed the minimum height achievable by application of that law or regulation. Reflective markers must be placed on all above-ground equipment.

(h)

The maximum height of a utility pole is that imposed by the Ventura County General Plan or applicable Area Plan.

(i)

All encroachments located above any sidewalk or pedestrian or bicycle path must have a minimum vertical clearance of eight (8) feet and may not block access to the sidewalk. Encroachments above the traveled way must have a minimum vertical clearance of sixteen (16) feet.

(j)

Equipment mounted on poles, including, but not limited to, that on streetlight or traffic-signal standards, must consist of small equipment components that are compatible in structure, scale, function, and proportion to the streetlights, traffic signals or utility pole on which the equipment is mounted.

(k)

Underground vaults must employ flush-to-grade access portals, and covers for manholes and access portals must be rated for vehicular loading.

(l)

Installations on County-owned or -controlled streetlights or other public facilities will be subject to all applicable administrative and rental fees as defined in the fee schedule.

(m)

Utility lines may not be installed within roadside ditches, catch basin areas, or any storm water culvert.

(n)

In reviewing any permit application, the Commissioner must give full consideration to sound engineering principles, safety of the roadway, overall economic impacts, protection of the integrity and scenic appearance of the roadway, and maintenance operations.

(o)

When the location or position of an encroachment impairs visibility to vehicular traffic, the Commissioner may require that the encroachment be painted or equipped with reflectors or other aids to visibility prescribed or authorized by the California Public Utilities Commission, or the Commissioner may require the encroachment to be relocated at the sole expense of the permittee.

(p)

When requested in writing, the Commissioner may consider waiving the location requirements in this Section. No waiver shall be implemented without review and approval in writing from the Commissioner.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12304 - Design.

(a)

The permittee is responsible for the design of the encroachment to be installed within the right-of-way.

(b)

For encroachments that will be accepted for maintenance by the Department, the Department must review and approve the plans and specifications for the work before any permit may be issued.

(c)

Minimum cover requirements.

(1)

The minimum cover over any pipe or conduit installed under any highway must be thirty (30) inches of material measured vertically from the existing or proposed flow line of the nearest gutter to the top of the pipe or conduit.

(2)

If a gutter flow line is not established as described in the preceding subdivision, the minimum cover over any pipe or conduit installed under any highway must be thirty (30) inches of material measured from the surface of the nearest outermost edge of the traveled way to the top of the pipe or conduit.

(3)

In parkways and sidewalks where there are existing curbs and gutters, or where curbs and gutters are under construction, utilities may maintain a minimum sixteen (16) inches of cover starting one (1) foot back of the curb line.

(4)

The Commissioner may permit the installation of pipes or conduits at lesser depths than specified in this Section, where the required cover cannot be provided or where the Commissioner determines that special construction techniques will be employed that will preclude the need for greater depth and will produce a more beneficial installation.

(d)

For utility encroachments not maintained by the Department, the Department will be responsible only for the review and approval of the work with respect to location, construction materials, procedure, and time and manner of attachment or placement. All utility installations must meet recommended or required industry standards and must be made of durable material, relatively free of servicing and maintenance, and at a minimum meet the following standards and regulations, including any later revisions thereto:

(1)

Electric power and communication standards must conform to the National Electrical Code.

(2)

Natural gas line standards must conform to the Federal Energy Regulatory Commission requirements.

(3)

Water lines must conform to the regulations of the State Water Resources Control Board, the Los Angeles Regional Water Quality Control Board, Division of Drinking Water or any other regulatory body with jurisdiction over the water lines. Water line construction must conform to standards and specifications of the American Water Works Association.

(4)

Sewer lines must conform to the regulations of the State Water Resources Control Board, the Los Angeles Regional Water Quality Control Board, Division of Drinking Water for separation requirements with water lines or any other regulatory body with jurisdiction over the sewer lines. Sewer line construction must conform to standards and specifications of the latest edition of the Standard Specifications for Public Works Construction (Greenbook).

(5)

Pressure pipelines must conform to the applicable section of American National Standards Institute (ANSI), Title 49 of the Code of Federal Regulations, Subtitle B, Parts 100-177, and other applicable industry standards.

(6)

Liquid petroleum pipeline must conform to the applicable recommended practice of the American Petroleum Institute for pipeline crossings under railroads and highways.

(7)

Any pipeline containing hazardous materials must conform to the rules and regulations of the U.S. Department of Transportation governing the transportation of such materials. No sewage or other contaminated material may drain into any storm drain structure or ditch.

(8)

Where required by other laws, the permittee must install and maintain all encroachment work in compliance with the requirements of the Uniform Building Code and other applicable codes and all other restrictions specified in this Chapter.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12305 - Traffic control.

(a)

For all work in the right-of-way, the permittee must provide traffic control and is responsible for the design and placement of all traffic control devices, which must be employed in accordance with the California Manual on Uniform Traffic Control Devices (CAMUTCD).

(b)

The permittee may use the standard layout of traffic control plans in the CAMUTCD when the standard layout will suffice, given the site conditions, as determined by the Commissioner. Traffic control plans stamped by a civil or traffic engineer may be required for locations where the standard layout does not suffice for the site conditions. All safety devices must conform to the requirements of the CAMUTCD and the Vehicle Code, to the extent they are applicable.

(c)

No omission on the part of the Commissioner to specify in the permit which safety devices must be provided by, or which preventive action is required of, the permittee will excuse the permittee from complying with all laws, regulations, and ordinances relating to the protection of persons or property under the circumstances. If the Commissioner finds that suitable safeguards are not being provided, the Commissioner may provide, maintain, and relocate such safety devices, or take such action, as the Commissioner deems necessary. The permittee is responsible for payment of all costs incurred by the Commissioner in providing suitable safeguards under this subdivision, in accordance with the fees schedule.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12306 - Excavation in the right-of-way.

(a)

Excavation in the right-of-way must meet all California Division of Occupational Safety and Health (OSHA) safety standards and regulations for distance maintained from traffic, shoring, confined space, and any other requirements that may apply. For excavations deeper than five (5) feet, the applicant must provide the inspector a copy of the shoring submittal a minimum of two (2) working days before excavation. A competent person, as defined by OSHA, must be present on site at all times when the shoring is in place during work hours.

(b)

In any trenching operation, the amount of open trench may not exceed one (1) day's work ahead of the trench work unless otherwise authorized in writing by the Commissioner. Excavations must remain shored until the trench is backfilled.

(c)

At the end of each workday, all open excavations within the right-of-way must be temporarily restored with traffic-rated steel plates or backfilled to a smooth, level grade, free of humps or depressions, satisfactory for public use and acceptable to the County. When backfilled, the temporary restoration surface within the traveled way, sidewalk, and driveways must be a minimum thickness of two (2) inches of temporary asphalt. When the speed limit of the roadway is greater than thirty-five (35) mph, recessed non-skid steel plates,

pinned and welded, are required to cover open excavations. Steel plates must not remain in the roadway for more than three (3) days. Any waiver for this requirement must be approved by the inspector in writing.

(d)

Utility services and other small diameter conduits may be bored beneath a paved surface. With justification in writing, other methods, including, but not limited to, tunneling, ramming, and directional drilling, may be approved in writing by the Commissioner.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12307 - Repair and restoration of the right-of-way.

(a)

Upon completion of the encroachment work authorized by a permit, the permittee must restore the right-of-way, including any bridge or other structure thereon, by replacing, repairing, or rebuilding it in accordance with the specifications or any special requirement, to at least its original condition before the encroachment work was commenced. After the work permitted is commenced, the work must be prosecuted with due diligence until completed, and in a manner not to unreasonably obstruct the highway.

(b)

In the event that the permittee fails to act promptly to repair or restore the right-of-way as required by this Section or should the nature of any damage to the right-of-way require restoration before the permittee can be notified or can respond to notification, the Commissioner may, at his or her option, make the necessary repair or restoration and invoice the permittee. The permittee must promptly reimburse the Commissioner for any costs so invoiced.

(c)

Road restoration, including, but not limited to, backfilling, compaction, and paving, must be in accordance with the County Road Standards, both as to material and method. Backfilling must commence within forty-eight (48) hours after work in a trench is completed.

(d)

The permittee must remove all obstructions, materials, and debris upon the right-of-way and perform any other work necessary to restore the right-of-way to a safe and usable condition, as directed by the Commissioner.

(e)

Excavations on moratorium roads are subject to special repair procedures, including, but not limited to, full lane width overlay or Type II slurry treatment of the lane in which the excavation is made, or as determined at the time of permit issuance. In those instances where the permittee's excavation is within an area of highway to be reconstructed by the Department and the resurfacing of the excavation is an integral part of the general County improvement, the Commissioner may waive part of the pavement restoration.

(f)

Where excavation occurs within paved areas, the Commissioner may require temporary paving to be installed within twenty-four (24) hours after the excavated area is backfilled.

(g)

The permittee must repair, at its sole cost and expense, any damage (including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support) to County streets, sidewalks, walks, curbs, gutters, drainage systems, trees, parkways, utility lines and systems, underground utility lines and systems, or sewer lines and systems, that results from any activity performed in connection with the encroachment work.

(h)

The permittee must repair or replace all road striping, road symbols, raised pavement markers, object markers, signs, traffic loop detectors, other physical attributes and markings in the right-of-way that are damaged, removed, or obliterated as a result of the permittee's work. The permittee must use thermoplastic paint for restriping unless otherwise approved in writing. At locations where

striping for the stop bar is damaged or removed, the permittee must replace the stop bar by the end of the same day. Repairs and replacements must be equal to or better than the original improvements and must match them in quality, finish, and dimensions.

(i)

When any part of an excavation is less than thirty (30) inches from the edge of the pavement, pavement repair must extend to the edge of the pavement.

(j)

During the permit period, the permittee must continually maintain the permitted work, trenches, backfill, paving, and all other road facilities affected by the permit.

(k)

Shoulders must be restored and treated with like materials. Repairs made in the right-of-way must not interfere with the existing drainage or flow line in the area.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12308 - Driveway approach permits.

(a)

Driveway approaches must be constructed of Portland cement concrete where a cement concrete curb exists. All other driveway approaches may be constructed of asphalt concrete or other material approved in writing by the Commissioner.

(b)

A driveway approach in the right-of-way may not be used as a parking space. No driveway approach may be constructed or maintained where a fence, building, natural grade, or any other obstacle will prevent a vehicle from being stored entirely off the public right-of-way after entering such driveway approach, unless otherwise approved in writing by the Commissioner.

(c)

The minimum intervening distance between the side slopes or returns of adjacent driveway approaches serving the same lot or parcel must be as specified in the County Road Standards. In the case of adjacent driveway approaches serving two (2) adjoining lots or parcels, the intervening distance between the side slopes or returns must be at least two (2) feet; otherwise a common or continuous driveway approach will be required.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12309 - Storage of equipment and materials.

(a)

All equipment, supplies, and materials placed in the right-of-way must be located to maximize the safety of the area.

(b)

The permittee must provide and maintain such safety devices as are necessary to protect the public, including, but not limited to, lights, barricades, signs, and watchmen.

(c)

All materials excavated from trenching or other encroachment operations in the right-of-way must be piled compactly, kept trim, and maintained in such a manner as not to endanger either the workers or the general public and to cause as little inconvenience as possible to those using the right-of-way or adjacent property. In areas where proper storage of material cannot be maintained, the Commissioner may require that the permittee remove the material from the work area.

(d)

Equipment and materials must be removed from the right-of-way during non-working hours. If needed and where feasible, the permittee may submit a plan to identify the location for storage during non-work hours for written approval by the Commissioner. Equipment stored in the right-of-way must be kept a minimum of ten (10) feet from the edge of pavement and properly signed and delineated.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12310 - Emergency excavations.

(a)

Nothing in this Division prohibits any person who, under the authority of any statute, ordinance, or permit, maintains any pipe, cable, or conduit in any highway, from making an emergency excavation in the right-of-way, if necessary to do so to perform immediate work on that pipe, cable, or conduit for the preservation of life or property, if the person making such excavation provides notification to the County and applies for a permit as described by this Section.

(b)

Emergency excavation work requires notification as follows:

(1)

If the work requires a road closure or if any Department facility such as pavement or structure is severely compromised, notification must be given to the Department (at (805)654-2055 during work hours, and at (805)650-4099 during non-working hours) within two (2) hours of assessing the work as an emergency.

(c)

If the work does not require a road closure or if no Department facilities are severely compromised, notification must be given to the Department (at (805)654-2055 during work hours, and at (805)650-4099 during non-working hours) within four (4) hours of assessing the work as an emergency.

(d)

In all cases, an encroachment permit application must be submitted for review by the conclusion of business the working day following the emergency or be subject to the fees specified in Section 12605.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12311 - Survey monuments.

No person may remove or disturb a monument set for the purpose of preserving survey points, lines, or elevation without first obtaining written permission from the Commissioner. Replacement of a removed or disturbed monument must be done by a registered civil engineer or a licensed land surveyor at the expense of the permittee.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12312 - Preservation of drainage.

If the encroachment work alters the established drainage, the permittee must provide for adequate drainage in a manner approved in writing by the Commissioner.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12313 - Repaving by Department.

With the permittee's concurrence or as an emergency measure, the Commissioner may order the paving by Department forces of any excavation. The permittee must reimburse the Commissioner for any such paving in accordance with the fees schedule.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12314 - Clean up after completion.

Immediately after completion of the work, the permittee must clean up and remove all materials, earth, and debris of any kind. When any pole, guy-stub, timber, post, or other similar structure is removed and not replaced, its entire length must be removed from the ground and the hole backfilled and compacted. If the permittee fails to complete any of the work required by this Section within twenty-four (24) hours after having been notified to do so by the Commissioner, the work may be done by the Commissioner and the permittee charged in accordance with the fees schedule.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12315 - Underground existing utilities.

All lines for the transmission and distribution of standard television or audio signals must be placed underground in all instances, except where the applicant provides satisfactory proof of permission to use existing pole lines or where the Commissioner finds that the remoteness of the area or other conditions render underground installation impractical or infeasible.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12316 - No interference with others.

The Commissioner may impose other permit conditions as the Commissioner may find necessary to prevent interference with users of the highway and with holders of other permits.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12317 - Relocation, modification, or removal where right-of-way is improved.

(a)

If any County improvement to the right-of-way necessitates the relocation, modification, or removal of an encroachment, the permittee must relocate, modify, or remove the encroachment at the permittee's sole expense (except as provided by law).

(b)

The required modification, removal, or relocation of the encroachment must be completed within ninety (90) days of notification by the County unless exigencies dictate a shorter period for modification, removal, or relocation, and the permittee is so notified. The Commissioner may approve a longer period upon request, where the permittee can justify the longer period in writing.

(c)

When relocation is required, the Commissioner must give the permittee a written demand specifying that the encroachment must be relocated within the right-of-way to a satisfactory location provided by the Commissioner, within a reasonable time as determined by the Commissioner.

(d)

If the permittee fails to comply with such a demand, the Commissioner may relocate the encroachment at the expense of the permittee in accordance with the fees schedule. In determining what is a reasonable time under this Section, the Commissioner must take into consideration the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the difficulty of its removal, the value of the intact property to the owner, and other facts peculiar to the particular situation.

(e)

The provisions of this Section apply to all permittees, including public agencies and public utilities having authority to occupy County rights-of-way pursuant to a franchise, statutory franchise, or express provision of a state statute. However, this Section does not apply to said public agencies and public utilities if such improvement of the highway right-of-way is required due to the construction of a state freeway.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12318 - Protect existing facilities.

(a)

The permittee must support and protect all wires, cables, pipes, conduits, conduit encasements, support structures of conduits, poles, above-ground equipment, and other apparatus, both aerial and underground, by a method satisfactory to the owner. The owner has the right to support or protect any of its facilities at the sole expense of the permittee. In case any of said wires, cables, pipes, conduits, poles, or apparatus should be damaged, they must be repaired at the permittee's expense.

(b)

The permittee must investigate and be aware of all existing facilities lawfully within the right-of-way that are within the limits of the permittee's project. The permittee must not interfere with, alter, remove, or encroach upon any existing public or private facility without the consent of its owner. If it becomes necessary to relocate an existing facility, this must be done at the permittee's expense to the satisfaction of the facility's owner.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12319 - Requirements for landscaping.

(a)

The applicant for a permit to plant trees or other plants in the right-of-way must show in the application or by sketch the proposed location and kind of plants to be planted. Selection of tree types must be made from the Department's recommended tree list. An application seeking to plant trees not in the recommended tree list must be supported with an arborist report detailing the impact of specific tree roots and canopy to the pavement and other road improvements in the area. After issuance of the permit, the permittee may not change either the location or plant kind without prior written approval of the Commissioner.

(b)

A permit is not required to plant or maintain a lawn or similar low-lying ground cover not prohibited by law within the right-of-way, subject to the following:

(1)

The lawn or similar ground cover may not, without a permit, extend into the traveled way, sidewalk or any drainage ditch, gutter, or other improved facility.

(2)

The planted area may be used by any member of the public for pedestrian or other lawful purposes.

(3)

The Department may use the planted area for any purpose consistent with the Department's management of the right-of-way.

(4)

The Department may issue a permit to any applicant to encroach on the planted area under this Division. Any permittee who damages the lawn or similar ground cover in the course of an authorized encroachment will be responsible for its replacement unless the permit specifically states otherwise.

(c)

A permit issued for the trimming of any tree must require that the shapeliness of the tree be preserved. A permit will be issued for the removal of a tree only when the applicant demonstrates a necessity for removal. When a tree is removed, the entire stump must be removed at least one (1) foot below the existing or proposed sub-grade unless otherwise specified in the permit, and the hole backfilled and compacted. All debris from trimming or removal must be removed from the site and the right-of-way restored to its former condition. The permittee is solely responsible for complying with state and federal law regarding protection of nesting birds and other species.

(d)

The Commissioner may refuse to issue a permit authorizing the planting of trees or other plants in the right-of-way when, in the Commissioner's opinion, the location, the nature of growth, or the kind of tree, shrub, or other plant will be deleterious to the public highway, will unduly disturb the right-of-way, or will in any way impede construction or maintenance of facilities.

(e)

No tree, hedge, shrub, or other planting may be planted or maintained in a right-of-way, including on any sidewalk or shoulder, in such a manner that impedes or obstructs the right-of-way, denies any person the use of the right-of-way, or impairs the sight distance for safe pedestrian or vehicular traffic.

(f)

The permittee must maintain all landscaping, structures, and other encroachments in a neat and orderly condition. If the encroachment is not so maintained, the Commissioner may direct the permittee to remove the encroachment and restore the right-of- way to its former condition at the expense of the permittee.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12320 - Permit for flag hole.

(a)

The Commissioner may grant a permit to drill a hole not exceeding four (4) inches in diameter in a public sidewalk or in that portion of a public highway not used for vehicular traffic for the purpose of inserting a flagpole therein upon which the flag of the United States, the flag of the State of California, or the flag of the County of Ventura is displayed.

(b)

When the flag hole is no longer being used to support the flagpole of the flag of the United States, State of California, or County of Ventura, the permittee or the permittee's successor or assign must completely plug the hole with wood, metal, plastic, or concrete, so that the plug remains level with the surrounding surface or must refill the hole and restore the right-of-way to a condition equivalent to that in which it was before the drilling of the hole.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12321 - Other standards.

(a)

For any installation of equipment on an existing pole, the applicant must provide evidence that the pole has adequate structural capacity to carry the additional loading from the proposed installation.

(b)

All construction and operation activities must comply with the noise regulations of Division 6, Chapter 2, Article 11 (beginning with section 6299-1) of the Ventura County Ordinance Code.

(c)

All equipment cabinets visible to the public must be treated with a graffiti-resistant coating. All graffiti on any component of the equipment must be removed promptly in accordance with County regulations. The operator must remove any graffiti on any facility in the public right-of-way within forty-eight (48) hours of receiving notification of the graffiti's existence.

(d)

When testing high-pressure utility pipe, emergency measures must be in place before testing.

(Ord. No. 4540, §§ I, II, 3-19-2019)