HomeMy WebLinkAboutNS-2447 - Amending Article II of Chapter 33 of Santa Ana Municipal Code Relating to Excavation in the Public Right-of-Way 171
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ORDINANCE NO. NS-2447
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING ARTICLE II OF CHAPTER 33 OF
THE SANTA ANA MUNICIPAL CODE RELATING TO
EXCAVATION IN THE PUBLIC RIGHT-OF-WAY
THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOVVS:
SECTION 1. FINDINGS
The City Council of the City of Santa Ana (the "City") does hereby find, determine
and declare as follows:
The City's regulations of excavations in the public right of way, such as
streets and sidewalks, were adopted over 45 years ago. Although it has
been amended from time to time, it is appropriate and prudent to update
the provisions of Article II of Chapter 33 of the Code to bring them more
into conformance with modern engineering and public works practice.
SECTION 2. Section 33-30 ("Permit Required") of the City's Code is amended to read
as follows:
It shall be unlawful for any person to make or cause to be made any excavation
or any other street improvement work in, on or under the surface of any public street,
alley, sidewalk, or any other public place for the installation, repair or removal of any
pipe, conduit, duct, tunnel, utility pole, or any other facility or installation or for any other
purpose without first obtaining from the director an excavation permit in compliance with
this chapter. This provision shall not apply to any of the officers or employees of the
City under the direction of the various City departments or his or her authorized
representative.
SECTION 3. Section 33-30.5 ("Definitions") is hereby added to the City's Code as
follows:
For the purpose of this Article, the following terms shall have the following
meanings:
(a)
"Applicant shall mean the person applying for an excavation permit, as
well as a person owning the facility or installation for which the excavation
will be made.
(b)
"Article" shall mean this Article II of Chapter 33 of the Santa Ana Municipal
Code.
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(c) "Department" shall mean the Public Works Agency.
(d) "Director" shall mean the Executive Director of the Public Works Agency
for the City of Santa Ana or his or her authorized representative.
(e) "Excavation" shall mean any work in the surface or subsurface of the
public right-of-way including, but not limited to, opening the public right-of-
way; installing, servicing, repairing or modifying any facility or facilities in,
on or under the surface or subsurface of the public right-of-way.
(f) "Facility or Facilities" shall include, but not be limited to, any and all
cables, cabinets, ducts, conduits, converters, equipment, drains,
handholds, manholes, pipes, pipelines, splice boxes, surface location
markers, tracks, tunnels, utilities, vaults and other appurtenances or
tangible items owned, leased, operated or licensed by a owner or person
that are located in the public right-of-way.
(g) "Owner" shall mean any person, including the City, who owns the facility,
or facilities that are or are proposed to be installed and maintained in the
public right-of-way.
(h) "Permit" or "Permit to Excavate" shall mean a permit to perform an
excavation.
(i) "Permittee" shall mean the person to whom an excavation permit is
issued, as well as the person owning the facility or installation for which
the excavation permit is issued.
(j) "Person" shall mean any person, company, partnership, corporation,
entity, agency or other public or private utility entity, excepting the City or a
contractor performing an excavation for the City.
SECTION 4. Section 33-31 ("Same-Fees") of the City's Code is hereby amended to
read as follows:
Fees for permits to perform work under this Article shall be charged in amounts
which the City Council shall establish by resolution.
SECTION 5. Section 30-32 ("Requirements") of the City's Code is hereby amended to
read as follows:
(a) Before issuing an excavation permit, the director shall require a written
application on a form furnished by the director, setting forth:
(1) The name and residence or business address of the applicant;
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(2)
The location and approximate area of the excavation, including its
approximate length and width, and, if the excavation is in a street,
whether it is parallel or transverse to the direction of the travel
lanes; and,
(3) The purpose of the excavation.
(4) The proposed start date of excavation and duration of the
excavation.
(5) A current business license issued by the City of Santa Ana.
(6) Evidence of insurance as required by section 33-32.19.
(7) ^ traffic control plan to be approved by the City Traffic Engineer.
(8)
The applicant shall attach to the application form a scaled plan per
director's requirement showing the location of the proposed
excavation, the method of excavation, the facilities to be installed,
to be maintained or repaired in connection with excavation, the
dimensions thereof, and any other details the director may require.
The director may establish different requirements for blanket
permits issued under section 33-32.13 of this chapter.
(b)
At the time the permit is issued, the applicant shall pay a nonrefundable
fee in an amount established by resolution of the City Council to defray the
City's costs to process the application and to inspect the excavation.
(c)
Except for requirements subject to the exclusive jurisdiction of another
regulatory agency, the location, depth and other physical characteristics of
any facilities for which an excavation permit is issued shall be subject to
approval of the director, and all backfilling, compaction and pavement
restoration performed for any excavation shall comply with the
requirements of the director.
(d)
In the event that relocation is required by the City to accommodate a
proper governmental use of the street, alley, sidewalk or other public
place, no fee or requirement authorized or imposed pursuant to this
chapter shall be construed to affect or alter in any way any obligation of
the public and private utilities with facilities installed in any street, alley,
sidewalk or other public place to relocate the facilities at no cost to the
city.
SECTION 6. Sections 33-32.1 through 33-32.19 are hereby added to Chapter 33 of the
City's Code as follows:
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Section 33-32.1 Issuance.
(a)
Upon receiving a written application for an excavation permit and plan, the
director shall set forth all requirements, approve or disapprove the
application, sign and return it to the applicant. Excepting only excavations
made pursuant to section 33-32.12 ("Emergency Excavations"), and
section 33-32.13 ("Blanket Permits"), at least one (1) working day prior to
the start of work, the applicant shall telephone the Development
Engineering section of the Public Works Agency and request a permit
number, informing City the date the work will commence. Upon approval,
a permit number shall then be assigned to the job and a permit shall be
sent to the applicant.
(b)
No permit shall be transferable. A permit shall be void unless the
excavation to be made pursuant thereto is commenced within thirty (30)
working days from the date of its issuance.
(c)
Each permit shall state a time period for completion of all the work to be
done thereunder. After said date, the permit shall be void unless the
director has granted an extension of time for good cause.
(d)
No person in violation of any requirement of this chapter shall be issued
an excavation permit, nor shall any contractor or agent apply for or be
issued an excavation permit on the person's behalf, until the outstanding
violation is corrected or a plan for correction is approved by the director,
which approval shall not be unreasonably withheld. The foregoing
requirement is in addition to any penalty or remedy for violation that may
be imposed or sought by the City at law or equity.
Section 33-32.2 Permit to be Available at Excavation Site.
The permit or a photo duplicate shall be available for review at the site of the
excavation for the duration of the excavation and shall be shown, upon request, to any
police officer or any employee of the City with jurisdictional responsibility over activities
in the public right-of-way.
Section 33-32.3 Compliance with Safety Regulations.
The permittee shall be responsible to comply with all current federal, state and
local safety regulations and requirements.
Section 33-32.4 Excavations Not in Accordance with Permit Declared Unlawful.
(a) It shall be unlawful for any person to make or cause to be made any
excavation or to install or cause to be installed any tank, pipe, conduit,
duct, tunnel, utility pole or other utility or appliance in or under the surface
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of any public street, alley, sidewalk or other public place at any location,
other than that described in the application for the excavation permit and as
shown on the plans filed with the director, and in accordance with the
requirements of the permit. If the circumstances appearing after the
excavation is commenced make it impossible to comply with the permit, the
director may grant a waiver to take the circumstances into account.
(b)
Failure to comply with requirements set forth in this Chapter or on any
permit shall be cause for revocation of the permit until the violations have
been corrected or alternative requirements have been approved by the
director.
Section 33-32.5 Restoration of Pavement, Traffic Loops, and Pavement Markings.
Restoration of the asphalt pavement, traffic loops, pavement markings, legends
and stripes of any street, alley or other public place shall be performed by permittee.
Nothing in this section shall relieve the person opening or tearing up any pavement from
the responsibility to maintain the excavation or installation in a safe condition until it is
repaved or otherwise restored.
Section 33-32.6 Opening, Backfilling and Paving Trenches.
(a)
No trench shall be opened in any street for the purpose of laying pipes,
conduits or ducts more than four hundred (400) feet in advance of the pipe,
conduit or ducts being placed in the trench, except when the prior written
consent of the director has been obtained.
(b)
Each permittee shall cover open excavation with non-skid surface steel
plates ramped to the elevation of the contiguous street, pavement or other
public right-of-way or otherwise protected in accordance with guidelines
prescribed by the department.
(c)
All excavations shall comply with the standards and requirements
established by the director for compaction, backfill and pavement
restoration. The standards and requirements may impose different
requirements for different excavations, taking into consideration relevant
factors, such as (i) the location, type and extent of excavation performed (ii)
the condition of the surface being excavated, (iii) the period of time elapsed
since the construction or most recent resurfacing of the surface being
excavated, and (iv) the average daily traffic volume and truck volume.
Permanent pavement restoration shall be completed no later than two (2)
weeks after the trench is backfllled; provided, however, that the Director
may grant an extension depending on the complexity of the work and
testing which is demonstrated to be necessary to get the utility in service.
(d) The old torn up pavements and other rubble shall be removed, together
with any surplus excavated material, within one (1) working day from the
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time such material is placed upon the street, provided that exceptions to
this requirement may be approved by the director. After backfilling is
completed, and prior to repaying the cut, the contractor or permittee shall
remove all loose paving material and trim the edges of the excavation at
the street surface to the satisfaction of the director.
(e)
Whenever any caving in the sidewalls of any excavation, the pavements
above such caving shall be cut away. In no case shall any void under a
pavement be filled by any side or lateral tamping.
Section 33-32.7 Cleaning Up Streets.
In every case and at all times the work of removing from the streets all
obstructions, surplus materials, debris, graffiti and waste matter of every description
caused by and accumulated from the excavation shall be the responsibility of the
permittee and shall be done in a manner deemed satisfactory to the director.
Excavation sites shall be cleaned at the completion of each workday. In addition, the
permittee shall remove all excavated material from the site of the excavation no later
than the end of each workday.
Section 33-32.8 Repair and Maintenance Obligation of Permittee.
Each permittee that excavates or causes to be made an excavation in the public
right-of-way shall be responsible to maintain, repair, or reconstruct the site of the
excavation so as to maintain a condition acceptable to the director until such time as the
public right-of-way is reconstructed, repaved, or resurfaced by the department.
Section 33-32.9 Subsurface or Pavement Failures.
In the event that subsurface material or pavement over or immediately adjacent
to any excavation should become depressed, broken, or fail in any way at any time after
the excavation has been completed, the director shall exercise his or her best
judgement to determine the person(s) responsible, if any, for the failure in the
subsurface or surface of the public right-of-way and shall designate such person as the
responsible party. The director shall notify said person(s) of the condition, its location,
and the required remedy, and such person(s) shall repair or restore, or cause to be
repaired or restored, such condition to the satisfaction of the director within five (5)
working days of the notification. The director may extend the time for the responsible
party to repair or restore the affected public right-of-way.
Section 33-32.10 Repair by the Department.
(a)
In the event that any person(s) fails, neglects, or refuses to repair or
restore any condition pursuant to the director's notice as set forth in
section 33-32.9, the director may repair or restore, or cause to be repaired
or restored, such condition in such manner as the director deems
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expedient and appropriate. The person(s) identified by the director as the
responsible party shall compensate the City for any costs associated with
the administration, construction, consultants, equipment, notification,
remediation, repair, restoration, or any other actual costs incurred by the
City that were made necessary by reason of the repair or restoration
undertaken by the department. The director shall revoke the applicant's
permit and may only reissue the permit or any future permits after all
repair work done by the City has been reimbursed. The director's
determination as to the cost of the repair or restoration performed shall be
final.
(b)
Subject to the limitation set forth in section 33-32.14, repair or restoration
by the department in accordance with this section shall not relieve the
person(s) from liability for future pavement failures at the site of the repair
or restoration.
Section 33-32.11 Emergency Remediation by the Department.
(a)
If, in the judgement of the director, the site of an excavation is considered
hazardous or if it constitutes a public nuisance, public emergency, or other
imminent threat to the public health, safety, or welfare that requires
immediate action, the director may order the condition remedied by a
written, electronic, or facsimile communication to the person(s)
responsible, if any, for remedying the condition and shall designate such
person as the responsible party.
(b)
If the responsible party is inaccessible or fails, neglects, or refuses to take
immediate action to remedy the condition as specified in said
communication, the director may remedy the condition or cause the
condition to be remedied in such manner as the director deems expedient
and appropriate. The person(s) identified by the director as the
responsible party shall compensate the City for any reasonable costs
associated with the administration, construction, consultants, equipment,
inspection, notification, remediation, repair, restoration, or any other actual
costs incurred by the department that were made necessary by reason of
the emergency remediation undertaken by the department. The director
shall revoke the applicant's permit and may only reissue the permit or
future permits after all repair work done by the City has been reimbursed.
The director's determination as the cost of any remediation performed
shall be final.
(c)
Subject to the limitation set forth in section 33-32.14, remediation by the
department in accordance with this section shall not relieve the person(s)
from liability for future pavement failures at the site of the remediation.
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Section 33-32.12 Emergency Excavations.
Nothing in this chapter shall be construed to prevent any person maintaining any
pipe, conduit, or duct in or under any street, alley, sidewalk, or other public place by
virtue of any law, ordinance or permit, from making such excavation as may necessary
for the preservation of life or property when the necessity arises, provided that the
person making the excavation shall notify the director within one (1) day after the offices
of the City are first opened subsequent to the excavation. Except as specifically
provided otherwise in this Chapter, excavations authorized by this section shall be
subject to all fees and requirements of this Chapter.
Section 33-32.13 Blanket Permits.
The director may issue blanket permits to any person to make excavations for
utility service connections, for the location of trouble in utility conduits or pipes and for
making repairs thereto, or for emergency purposes. Blanket permits shall be issued on
a yearly basis only, and shall authorize only excavations referred to in this section.
Except as specifically provided otherwise in this chapter, excavations authorized by this
section shall be subject to all fees and requirements of this chapter.
Section 33-32.14 Liability of City.
Pursuant to the protections of the California Tort Claims Act, neither the City nor
any officer, agent, employee or volunteer thereof shall be held responsible for any
damages caused by any excavations in any street, alley, sidewalk or other public place
made by any person under the authority of a permit issued pursuant to the provisions of
this Article. The permittee shall be solely liable for any damage or loss occasioned by
any act or omission occurring in connection with excavation, and shall fully indemnify,
hold harmless and defend City, its officers, agents, employees or volunteers from and
against any and all suits, actions, judgements, losses, costs, demands, claims,
expenses (including attorney's fees), damages, and liabilities of every kind to which the
City, its officers, agents, employees or volunteers may be subjected to for injury of any
type, death or property damage arising from or connected with any such act or
omission. City shall promptly notify permittee, at the address set forth in the permit, of
any claim or suit served upon the City and alleging negligent or wrongful conduct by the
permittee in connection with an excavation.
Section 33-32.15 Notice for Marking of Subsurface Facilities.
In accordance with State law, any person excavating in the public right-of-way
shall comply with the requirements of the Underground Service Alert ("USA") regarding
notification of excavation and marking of subsurface facilities. Such person shall
provide USA with the assigned number for the permit to excavate or other information
as may be necessary to properly identify the proposed excavation.
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Section 33-32.16 Abandonment of Underground Facilities, Reports and Maps.
Whenever any facility is abandoned in the public right-of-way, the person owning,
using, controlling or having an interest therein, shall, within thirty (30) calendar days
after such abandonment, file in the office of the director a statement in writing, giving in
detail the location of the facility or facilities so abandoned. Each map, set of maps, or
plans filed shall show in detail the location of each such facility or facilities abandoned
subsequent to the filing of the last preceding map, set of maps, or plans. The maps or
plans shall be a scaled drawing submitted in digital format on Mylar and on blueprint.
Section 33-32.17 Identification of Visible Facilities.
Each visible facility installed in the public right-of-way shall be clearly identified
with the owner of the facility. The department shall adopt orders or regulations to
specify other appropriate methods for identification.
Section 33-32.18 City's Obligation.
In undertaking enforcement of this Article, the City is assuming an undertaking
only to promote the general welfare. It is not assuming, nor is it imposing on its officers,
agents, employees and volunteers an obligation for breach of which it is liable in money
damages to any person who claims that such breach proximately caused injury.
Section 3-32.19 Additional Requirements.
(a)
All utility installations permitted under this chapter shall, upon demand of
the director, be relocated or lowered if required by the City to avoid
potential conflicts with a proper governmental use of a street, alley,
sidewalk or other public place. All expenses incurred in relocating,
lowering lines, pot holing or marking of facilities to determine their exact
location after the original installation shall be paid for by the permittee.
(b)
Upon completion of underground or surface work permitted under this
chapter and at the discretion of the director, permittee shall furnish as built
plans of the installation showing a correct plan view to scale, details and
profile showing the locations of all elements of the installation based on
data obtained in the field during construction. The as-built plan shall be
submitted in digital format, on Mylar and on blue print.
(c)
Private parties and non-public utilities shall comply with the following
additional requirements:
Permittee shall take out, pay for and maintain during the period in
which the permit is in effect, a policy of public liability and property
damage insurance protecting permittee, permittee's agents and
employees against any liability, injury or death sustained or
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suffered by the public or damage to the property of the public by
reason of the work carried on under the permit. The public liability
insurance shall be for the limits of at least for injury to one (1) and
for injury to more than one (1) person, and the property damage
insurance limit. The insurance shall be placed with a company
satisfactory to the Risk Management Division of City, prior to the
date that work under the permit is commenced. The policy or
policies of insurance shall name the City, its officers, agents,
employees and volunteers as additional insured and shall contain
an endorsement precluding cancellation or reduction in coverage
without giving the Risk Management Division at least thirty (30)
days written notice prior thereto.
(2) If required on the face thereof, the permit shall not be effective for
any purpose unless and until the permittee files with the Risk
Management Division a corporate surety bond or other security
approved by the Risk Management Division in the amount specified
on the face of the permit, said bond or other security to fully assure
the performance by permittee of all obligations imposed upon
permittee under the provisions of the permit and this chapter.
SECTION 7. Section 33-54 ("Preservation of Newly Constructed and Reconstructed
Arterial Streets") of the City's Code is hereby amended to read as follows:
Sec. 33-54 Preservation of newly constructed and reconstructed arterial streets.
In order to preserve the ride quality, structural integrity and appearance of newly
constructed or reconstructed arterial streets, the following conditions are hereby
imposed:
(a) Cuffing or opening arterial streets.
(b)
(1)
Newly constructed or resurfaced arterial streets shall not be cut or
opened for a period of five (5) years following construction or
resurfacing, except in the case of emergency or imminent peril to
life, limb or property, as determined by the city engineer.
(2)
Upon a showing of good cause, the city engineer may permit newly
2constructed or resurfaced arterial streets to be cut or opened prior
to expiration of the five (5) year period following construction or
resurfacing. Any such exception shall require specific written
approval by the city engineer.
Connection of service lateral. For new utilities' service laterals, a
maximum street opening of four (4) feet by four (4) feet may be made
directly over the utility for purposes of connecting the service lateral.
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Notwithstanding the foregoing, the lateral itself shall be bored or jacked
from the property line of the property being serviced.
(c)
Compliance with construction requirements. All street openings, trenching,
backfilling and resurfacing shall at all times comply with the City of Santa
Ana Standard Plans, as specifically approved in writing by the city
engineer.
(d)
Requirement of permit. All street openings shall be subject to the then-
current street work permit requirements and fees.
(e)
Appeal. An applicant shall have the right to appeal any decision of the
director of public works under this section 33-54 pursuant to the provisions
of Chapter 3 of the Santa Aha Municipal Code.
SECTION 8. SEVERABILITY.
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for
any reason held to be invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The city council hereby
declares that it would have passed and adopted this Ordinance, and each and all
provisions hereof, irrespective of the fact that one or more provisions may be declared
invalid.
ADOPTED this 2nd day of October, 2000.
ATTEST: ~~l/
P~tricia E. Healy
Clerk of the Council
COUNCILMEMBERS:
Pulido
Bist
Christy
Franklin
Lutz
McGuigan
Uoreno
Aye
Aye
Aye
Aye
Aye
Aye
Absent
Migubl A. Pulido
Mayor
APPROVED AS TO FORM:
J~.~. Fl~Ci~y Attorney
/Chi~ A~lBen~mis~isKtaabnf~n(~ Attorney
Ordinance No. NS-2447
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CERTIFICATE OF ORIGINALITY & PUBLICATION
I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Ordinance
No. NS-2447 to be the original ordinance adopted by the City Council of the City of
Santa Ana on October 2, 2000; and that said ordinance was published in accordance
with the Charter of the. City of Santa An~..~_~____ ~.
Date: ,//~/,/~/~/'~) , ~'
' Clerk of the Council /
City of Santa Ana
Ordinance No, NS-2447
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