Wildomar Municipal Code Ch. 12.08 Excavations and Encroachments on City Streets

Subject to the control of the City Council, there is delegated to the Transportation Director, the administration of the use of City streets for excavations and encroachments; construction, operation and maintenance of utility facilities; planting, maintenance and removal of trees; and the issuance, modification, and revocation of permits for such uses.

(Ord. 18 § 2, 2008, RCC § 12.08.010)

No person, including firm, corporation, public utility company, public agency or district, or political subdivision, shall make any excavation or backfill in, or construct, install or maintain any improvement, structure or encroachment in, on, over or under, any City street or the right-of-way thereof without first obtaining from the Transportation Director a permit therefor, or operate and maintain the same without such permit or in violation of the terms or conditions thereof. Such a permit shall be issued by the Transportation Director only upon written application therefor, and payment of the required fee or fees. Such permit shall be issued only if the applicant is a public utility company holding a current franchise from the City, or a public agency or district, or political subdivision having lawful authority to use the right-of-way for purposes specified, or the owner of an easement for such purpose within the right-of-way, or if the Transportation Director is satisfied that the use proposed is in the public interest and that there will be no substantial injury to the highway or impairment of its use as the result thereof, and that the use is reasonably necessary for the performance of the functions of the applicant. Every such permit shall be revocable and the uses and installations thereunder shall be subordinate to any prior right of the City to use the right-of-way for public road purposes. Every such permit shall be conditional upon the right of the City to require the permittee to relocate or remove the improvement, structure or encroachment at the permittee's expense for the benefit of the City or to relocate the improvement, structure or encroachment at the permittee's expense, where in the opinion of the Transportation Director, such action is reasonably necessary to avoid, for the benefit of any public utility company, public agency or district, political subdivision, or any other person or agency having a right to use the City street for the purpose proposed, a crossing conflict or underground interference; but the acceptance of a permit shall not be deemed a waiver by the permittee of any contractual or statutory right against any party for reimbursement of the expense of such removal or relocation. Every such permit shall be subject to such conditions as the Transportation Director determines are necessary to assure the safety of the traveling public and the restoration of the street, including pavement surfaces, ground surfaces, and subsurfaces within rights-of-way. The Transportation Director may require such surety bond or deposit of money as in his or her judgment may be necessary to secure performance of the conditions of the permit and the replacement or restoration of the street, including pavement surfaces, ground surfaces, and subsurfaces within rights-of-way, and any survey monuments or other improvements that may have been disturbed. The Transportation Director may, where convenient to road work he or she has programmed, or for other reasons of City convenience, arrange to do the work of replacement to pavement or restoration of the roadway at the expense of the permittee. Permittee shall backfill excavation to current City standards. If required, permittee shall also restore the City street or right-of-way to its condition prior to excavation. If any permittee shall fail to backfill any excavation or to restore the City street or right-of-way to its condition prior to the excavation, the Transportation Director shall have the right to perform said work and collect in the name of the City the cost thereof.

(Ord. 18 § 2, 2008, RCC § 12.08.020)

A. Each public utility company, public agency or district, or political subdivision shall maintain its public utility improvements, structures, substructures, and other facilities within City road rights-of-way to current utility standards and to at least current, applicable City standards, whether or not the encroachment permit for the construction or installation of subject facilities was issued to the current owner. When it is determined to be in the interest of the public and the City, the Transportation Director may allow a private developer to obtain an encroachment permit for the construction or installation of public utility facilities for subsequent ownership by a public utility company, public agency or district, or political subdivision. In such a case, the public utility company, public agency or district, or political subdivision shall obtain an encroachment permit for the operation and maintenance of the public utility facilities prior to the issuance of the construction or installation permit. Upon satisfactory construction or installation of the public utility facilities including trench backfill and overlying road surfaces, the public utility company, public agency or district, or political subdivision, not the private developer, shall operate and maintain the facilities in compliance with the aforementioned encroachment permit.

B. For the purpose of the design or construction of public works projects within City rights-of-way, the public utility company, public agency or district, or political subdivision shall, upon request by the City, identify the vertical and horizontal location of existing utilities, based on record drawings (also known as "as-built" drawings) or, if mutually agreed upon, when it is determined there may be conflicts with existing utility facilities, by excavating and exposing the existing utility facilities. The City shall utilize information about existing utility facilities to avoid or limit design or construction conflicts in an effort to keep relocation costs to a minimum. The public utility company, public agency or district, or political subdivision shall, upon receipt of a request from the City to remove or relocate utility facilities that are in conflict with a public works project on public right-of-way, cause the conflicting facilities to be removed or relocated in a diligent manner so as to avoid any delays or costs to the public works project. The public utility company, public agency or district, or political subdivision shall reimburse the City, upon receipt of billing, for any delays or costs attributable to the failure of the public utility company, public agency or district, or political subdivision to remove or relocate conflicting utility facilities in a timely manner.

C. The public utility company, public agency or district, or political subdivision owning any utility facilities situated within City rights-of-way shall be responsible for all costs and liability, resulting from damage to public and private property and personal injury, which is caused by the construction, installation, operation, maintenance or failure of any utility facility. The public utility company, public agency or district, or political subdivision shall reimburse the City for all costs incurred by the City in the protection of life and property where required due to any failure of a utility facility, or due to any unsafe construction, installation, operation or maintenance of the utility facility, within City rights-of-way.

(Ord. 18 § 2, 2008, RCC § 12.08.030)

An excavation or encroachment may be made without first obtaining a permit for repair or replacement of a facility previously installed only when necessary for the immediate protection or preservation of life or property, and provided that such a permit be obtained on the first business day thereafter, and further provided that the excavation is made in such manner as to give full protection to the users of such highway and the City. No permit shall be required for the loading or unloading of agricultural produce or produce containers. All such operations shall where possible be conducted off of the paved or traveled part of any City street. If any part of the loading or unloading occurs on the paved or traveled portion of such highway, appropriate visible warnings shall be posted for the protection of traffic approaching from each direction, and if such operation leaves less than one traffic lane available for travel in either direction, a flagger shall be used at the sole risk of the operator. Use of warnings and flaggers shall be in accordance with published standards of the State Department of Transportation. Overnight storage of containers, agricultural products or unlicensed vehicles on the shoulder of any City street or within eight feet of the traveled portion of such highway is prohibited. Bulk manure not in containers may be temporarily stored or stockpiled within the right-of-way of a City street only when intended to be used on the abutting agricultural lands as follows:

A. On any portion of the right-of-way obviously not graded, improved or used for vehicle travel, sidewalk or drainage purposes.

B. On any unpaved graded shoulder of a paved highway, not closer than four feet from the pavement nor in such location as will impede or impair highway drainage.

C. On the graded shoulder of a highway less than four feet from the pavement only if there is no other location available and only if warning lights and signs to protect the traveling public are placed and maintained during any overnight storage at such place.

(Ord. 18 § 2, 2008, RCC § 12.08.040)

No person, firm, corporation, public district, public agency or political subdivision shall remove or severely trim any tree planted in the right-of-way of any City street without first obtaining a permit from the Transportation Director to do so. Such permit shall be issued without fee, if the Transportation Director is satisfied that such removal or trimming is in the public interest or is necessary for the improvement of the right-of-way or the construction of improvements on adjacent land. He or she may impose such conditions as he or she deems reasonable or necessary, including requirements for the work to be done only by a qualified tree surgeon or tree trimmer actually engaged in that business, and for bond, insurance or other security to protect person and property from injury or damage. The provisions limiting trimming of trees shall not apply to any public utility maintaining overhead power of communication lines pursuant to franchise, where necessary to prevent interference of a tree with such installation. A permit for removal of a tree may be conditioned upon its relocation or replacement by one or more other trees of a kind or type to be specified in the permit.

(Ord. 18 § 2, 2008, RCC § 12.08.050)

Each application for a permit under this chapter shall be in writing in the name of the person or agency owning the encroachment and controlling the excavation and shall be signed by such person or agency or by his or her or its agent authorized in writing. The application shall be submitted on a form supplied by the Transportation Director and shall contain or be accompanied by such information as he or she may require. Each permit shall be in writing, signed by the Transportation Director or his/her representative, on a form to be furnished by him or her.

(Ord. 18 § 2, 2008, RCC § 12.08.060)

A. The following shall be exempted from payment of the permit fee for an excavation or encroachment:

1. Every public district, public agency or political subdivision having lawful authority to use the right-of-way or highway for the purpose specified.

2. Street improvements under special assessment or improvement district proceedings conducted by the City Council.

3. Public utility and public service facilities installed pursuant to specific contract with the City and under the control thereof or a City service area thereof.

4. Subsections (A)(2) and (3) of this section apply only when the subject improvements are constructed by a City agency. If constructed by a private contractor, all permit and fee requirements as established by this chapter are applicable.

B. The following shall be exempted from the payment of the inspection fee for an excavation or encroachment:

1. Street improvements under special assessment or improvement district proceedings conducted by the City Council.

2. Public utility and public service facilities installed pursuant to specific contract with the City and under the control thereof or a City service area thereof.

3. Subsections (B)(1) and (2) of this section apply only when the subject improvements are constructed by a City agency. If constructed by a private contractor, all permit and fee requirements as established by this chapter are applicable.

C. Subdivision improvements to be constructed pursuant to agreement with the City are exempt from this chapter.

(Ord. 18 § 2, 2008, RCC § 12.08.080)

The Transportation Director may issue to any applicant a blanket permit for a series of excavations or encroachments of the same type or types. This provision shall be broadly applied to reduce administrative costs of both City and applicant. In the event that the terms and conditions of the blanket permit are violated, it may be revoked and the permittee may be required to obtain a separate permit for each encroachment.

(Ord. 18 § 2, 2008, RCC § 12.08.090)

A. Any person who does any act for which a permit is required by this chapter, without first obtaining such permit, or who, having obtained such a permit, violates any term or condition thereof and thereby jeopardizes or injures person or property, is guilty of a misdemeanor and shall be punishable by a fine of not more than $1,000.00, or by imprisonment for not more than six months, or by both such fine and imprisonment. Nothing herein shall be deemed to deprive any person of any civil right or remedy he or she may have against a violator of this chapter, nor to deprive the City of any cause of action which it may have against such violator, regardless of any prosecution or conviction under this section.

B. Any person who violates the provisions of the second paragraph of Section 12.08.040 of this chapter is guilty of a misdemeanor which shall be punishable as provided in this section.

(Ord. 18 § 2, 2008, RCC § 12.08.100)