HomeMy WebLinkAboutOrd. No. 1977-571;.,
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.ORDINANCE NO. s~i
AN ORDINANCE OF THE CITY OF LAKE ELSINORE OF THE COUNTY OF
RIVERSIDE, CALIFORNIA, AMENDING CHAPTER 12.08 OF THE LAKE
ELSINORE MUNICIPAL CODE GOVERNING THE ISSUANCE OF
ENCROACHMENT PERPIITS FOR CONSTRUCTION IN PUBLIC PLACES;
'INCLUDING STREET IMPROVEMENT AND EXCAVATION OF STREETS,
AND SETTING FORTH THE PROCEDURES FOR THE ISSUANCE OF
ENCROACHMENT PERMITS; AND REPEALING ORDINANCE NUMBER 145,
SECTIONS 1, 2, AND 3.
The City Council of the City of Lake Elsinore, California
~ does ordain as follows:
SECTION 1: .Chapter 12.08 of the Municipal Code is .hereby amended to
read as follows:
"CHAPTER 1 2.08"
ENCROACHMENT PERMITS FOR CONSTRUCTION IN PUBLIC PLACES
Sections•
- .12.08.010 TITLE
12.08.020 PURPOSE AND INTENT
12.08.030 DEFINITIONS
12.08.040 ENCROACHMENT PERMIT
12.08.050 APPLICATION
12.08.060 PERMIT FEES
12.08.070 WORK REQUIREMENTS
12.08.080 ,LIABILITY
12.08.090 CASH DEPOSITS
12.08.100 PROTECTION MEASURES AND ROUTING TRAFFIC
12.08.110 CLEARANCE FOR VITAL STRUCTURES
i ~ 12.08.120 RELOCATION AND PROTECTION -0F UTILITIES
12.08.130 CLEAN UP
12.08.140 CUTTING OF PAVEMENT, SIDEWALK, CURB AND
GUTTER AND CROSS GUTTER
T2.08.150 BORING AND JACKING OF UTILITY LINES AND
CONDUCTOR CASINGS
12.08.160 DEPTH OF SUBSTRUCTURES
12.08.170 BACKFILLING
12.08.180 SITE RESTORATION
12.08.190 TRENCHES
12.08.200 PROMPT COMPLETION OF WORK
1 2.08.210 URGENT. WORK
12.08.220- NOISE, DUST AND DEBRIS
12.08.230 INSPECTIONS, RULES AND REGULATIONS
1 2.08.240 PRESERVATION OF MONUMENTS
12.08.250 REMOVAL OR RELOCATION OF UTILITY FACILITIES
12.08.010 TITLE: This ordinance shall be known and may be cited as the
"ENCROACHMENT ORDINANCE OF THE CITY OF LAKE ELSINORE".
12.08.020 PURPOSE AND INTENT: The purpose of this ordinance is to
establish regulations to control encroachments into public places by
requiring encroachment permits, and to establish measures for the
protection of life and property; including traffic and pedestrian safe-
guards. This ordinance regulates backfilling and resurfacing of excavations;
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prescribes application procedures-for permit issuance; establishes '
bonding, insurance and liability requirements; and prescribes penalties
-for violation of its:. provisions.
12.08.030 DEFINITIONS: For purposes of this ordinance, the following
terms; phrases, words and derivations shall have the meaning given herein.
-. _ (1) ENCROACHMENT shall mean a going upon, over, under or _
placing any facilities upon, along, across, over or under, or using a
public place in such a manner as to prevent, obstruct or interfere
temporarily or permanently with the normal use of that public place.
(2) ADMINISTRATIVE AUTHORITY shall mean the City Manager or
City Engineer, or other person designated by the City of Lake Elsinore
to administer and enforce the provisions of this ordinance.
(3} PERSON shall mean. any person, firm or partnership, association,
corporation, company or organization of any kind.
(4) UTILITY shall mean a private company and/or corporation
operating under regulation of .the Public Utilities Commission or a
municipal and/or county department or other governmental agency engaged
in providing a particular service to thegeneraT public.
(5) .PUBLIC PLACE shall mean any public street, way, place,.alley>
sidewalk, parkway, square, plaza, easement or any other similar public
property under the control of .the administrative authority.
(6) FACILITY shall mean any pipe, pipeline, tube,. main, service,
trap, vent, vault, manhole, meter, guage, regulator, valve, conduit, wire,
tower, pole, pole line, anchor, cable, junction box, transformer or any
other material, structure, public improvement, or object of any kind or
character; including a building, portion of a building or any other
structure whether enumerated herein or not, which is or may be lawfully
constructed, left, placed or maintained in, upon, along, across, under
or over any public place.
(7) EXCAVATION shall mean any opening under, in or across the surface
of a public place made'in any manner whatsoever..
(8) SUBSTRUCTURE shall mean any pipe, conduit, duct, tunnel, buried
cable or wire or any other similar structure located below the surFace of
any public place.
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12.08.040 ENCROACHMENT PERMITc No person shall establish or cause any
encroachment irr any public place unless there has been first obtained
an encroachment permit from the administrative authority.
12.08.050 APPLICATION: An application form provided by the administrative
authority, shall be submitted before any encroachment permit is issued.
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The application shall state the name and address and principal place of
business of the applicant,. the purpose, the location-and dimensions where
applicable of the installation or removal, the size of any excavation. to
be made, or-other work to be performed;-the approximate time when the work
will begin, and the approximate time required to complete the work; including
- - removing all obstructions, material and debris, backfilling, compacting and
placing permanent resurfacing and/or replacing improvements. A permit
expiration-date may be established by the. administrative authority. A
permittee shall give the administrative authority 24 hours advance notice
when the work will be commenced. Conditions may be added at the time of the
issuance of the permit consistent with, and in implementation of the require-
ments of this ordinance. When approved and signed by the administrative
- authority, the application shall constitute a permit. .Whenever significant
changes or modifications are made to existing facilities, permittee shall
secure written approval from the owner of the facility and an addendum to
the original encroachment permit from the administrative authority.
.12.08.060. PERMIT FEES: .The administrative authority may collect a permit
fee to cover the cost incurred by the City pursuant to the provisions of this
ordinance. Recoverable costs include administrative expenses involved in
the issuance of an encroachment permit, checking plans. for compliance with
it and other ordinances and field inspections conducted to insure compliance
with the terms and conditions under which the encroachment permit was issued.
Fee schedules may be established by resolution of the City..
12.08.070 WORK REQUIREMENTS: All encroachment work shall be performed in
accordance with the laws of the State of California and with standard
specifications for public work construction as specified by the Southern
California Chapter of the American Public Works Association, Cal Trans, and
the Associated General Contractors of Southern California, or according to
the plans and specifications referred to in the. permit, and in addition, to
any special requirements and/or specifications which may be a part of the
permit.
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12.08.080 LIABILITY: The permittee shall indemnify,, defend and save
the City of Lake Elsinore,-its agents, officers, representatives and
employees, harmless from and against any and all liabilities, damages,
penalties and loss resulting from any claims or court action and arising
'.out of any accident, loss or damage to persons or property happening or
occurring as a proximate result of any work undertaken under the permit
granted pursuant to this ordinance. The permittee shall be responsible
' for all liability imposed for personal injury or property damage. caused.
by work performed under the encroachment permit or caused by failure on
the permittee's part to perform his maintenance obligations .under said
permit.. If any liability claim is made against .the City, its officers
or employees; permittee shall defend, indemnify and hold them, and. each
- of them harmless from such claim.: The permittee shall cause to be issued
from an acceptable insurance carrier, a public liability policy naming the-
said permittee and obtain an endorsement in which the City and its agents,
officers and employees be named as additional insureds.
12.08.090 CASH DEPOSITS: If. required by the administrative authority,
permittee shall provide a cash deposit or security ,bond or other acceptable
security in the amount determined by the administrative authority as sufficient
to reimburse the City for the cost of restoring the public place to its
original condition in the event permittee fails to do so.
12.08.100- PROTECTION MEASURES AND ROUTING OF TRAFFIC: .It shall be the duty
of every person undertaking any construction, including making an excavation
in or upon any public place, to. place and maintain barriers and warning devices
necessary for safety of the general public. For excavations over five feet
in depth, blasting operations and tunneling work, the permittee shall, when
required by law, obtain a permit from the California Division of Industrial
Safety and/or any other permit required by State or Federal Safety Regulations.
Barriers, warning signs, lights, and other devices shall conform to the
"Manual of Warning Signs, Lights and Devices for use in Performance of Work
Upon Highways", issued by the State of California,. Department of Transportation,
and to any additional requirements specified by the administrative authority.
Warning signs shall be placed as prescribed in the "Traffic Manual" issued
by the. State of California, Department of Transportation. Permittee shall
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fora period of time prescribed by .said authority.. The written approval of
the administrative authority may require the prmittee provide approved
detour and give notification to the various public agencies and to the general
public. In such cases, the written approval shall not be valid until-the
notice is given.
12.08.110 CLEARANCE FOR VITAL STRUCTURES: The construction work shall be
performed and conducted so as to not unreasonably interfere with access
to fire hydrants, fire stations, fire escapes, water gates, undergound
vaults, valve housing structures, and all other vital property designated
by the administrative authority.
12.08.120 RELOCATION AND PROTECTION OF UTILITIES: Permittees shall inform
themselves as to the existence and location of all facilites likely to be
encountered by their operations. No facility owned by the City shall be
moved to accomodate the permittee unless the cost of .such work be borne
by the permittee. All facilities affected by any excavation or any other
construction work shall be supported and protected by the permittee with
methods as required by law and approved by the owner of the facility. Should
an existing facility be damaged by the permittee's operations, the ,permittee
hall promptly notify the owner of the damaged facility. All facilities
damaged by the permittee's operations shall be repaired as directed by the
-owner and the expense of such repair shall be charged to the permittee.
12.08.130 CLEAN UP: As the excavation or other construction work progresses,
all streets sha1T be thoroughly cleaned of all rubbish, excess earth, rock
and other debris resulting from the work. All clean up operations at the
location of the construction shall be accomplished at the expense of the
permittee and to the satisfaction of the administrative authority.
12.08.140 CUTTING OF PAVEMENT, SIDEWALK, CURB AND GUTTER AND CROSS GUTTER:
(a) ASPHALT PAVEMENT: Asphalt pavement shall be saw cut unless an.
.alternate method is approved by the administrative authority.
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(b) CONCRETE SIDEWALKS, CURB AND GUTTER AND CROSS GUTTER: -All
concrete facilities sha1T be saw cut to the depth as may be specified
by the administrative authority.
Sidewalks, curbs, gutters and cross gutters shall be cut on and removed
to the nearest joint or score line. In the. absence 'of lines and joints,
the area to be cut and removed will be determined in the field by the. I
administrative authority, or his agent.
.12.08.150 BORING AND JACKING OF UTILITY LINES AND CONDUC70R CASINGS:
The administrative .authority may. require boring and jacking of utility lines
and conductor casings in public streets.
12.08.160 DEPTH OF SUBSTRUCTURES: .Unless otherwise required by the
administrative authority,. the minimum cover: of a substructure shall be
as foTlows.:
- (a) STREETS AND ALLEYS: 24 inches below the establishedflow line
'of the nearest gutter or if a flow line is not established,`then the depth
shall be at a minimum of 30 inches below the-surface of the nearest outermost
edge of the travel portion of the street;. or;
(b) ..PARKWAYS: 18 inches below established parkway elevation`
(c) OTHER PUBLIC. PLACES: 12 inches below the surface.- ~ -
12.08.170 BACKFILLING: Backfilling shall consist of placirig and compacting
excavated filling material in an excavation. Compaction to a relative density
of 90q up to the ground surface or up to the base material if in a paved street,
shall be achieved upon completion of the backfill. .Base material sfiall be
compacted to a relative density of 95~ Compaction tests by an approved soils
laboratory or engineer may be required at permittee`s expense to insure
Compliance with this section..
- 12,08.180 SITE RESTORATION: Unless otherwise approved by the administrative
authorities, the minimum site restoration shall be as follows:
(a) CONCRETE SIDEWALK, CURB AND GUTTER AND CROSS GUTTER: All concrete
facilities shall be replaced at the same cross section thickness as that
removed except that sidewalks shall be a minimum of four inches thick, and ~
driveways, gutters. and cross gutters shall be a minimum of six inches thick
or as required by the adopted standards of the administrative authority.
(b) ASPHALT PAVEMENT: All trenches within existing paved roads shall
be provided with temporary resurfacing, unless the permittee immediately
installs permanent resurfacing. Temporary paving shall be properly maintained
until permanent surfacing is placed. Prior to placement of permanent
material, edges shall be trimmed to a vertical face. Permanent pavement
;shall be the thickness of the existing pavement plus .one inch. Pavement
shall be placed so the finished surface, after compaction, is level. with
or does not exceed a maximum of 1/4 inch above the existing pavement and
-i does not overlap into the existing pavement.. If the pavement is to overlap
_ the trench cut, it shall be brought up in two lifts; the first lift to be
level with the existing pavement when completed. If over 50% of a street
is destroyed, the administrative authority may require a structural overlay
of the entire street.
(c) LAWN AREAS Whenever it may be necessary for the permittee
to trench any lawn area, the area shall be re-seeded or the sod shall be
carefully cut and rolled and replaced after the ditches have been backfilled
as required by this ordinance. All construction and maintenance work shall
be done in a manner calculated to leave the lawn area clear"of earth. and
debris and in a condition as near as practicable to that which existed before .
the work began. A permittee shall not remove, even temporarily, any trees
~ or shrubs which exist in parkway areas without first obtaining the consent
of the administrative ,authorities.
12.08.190 TRENCHES: The maximum amount of open trench to be allowed shall
be determined by the administrative authority.
12.08.200 PROMPT COMPLETION OF WORK: After a project is commenced, the
permittee shall diligently "pursue all. work covered by the encroachment permit,
and promptly complete all work and restore the street as near as .practicable,
to its original condition to avoid obstruction of the public place more than
is reasonably necessary.
12.08.210 URGENT WORK:. When in the judgment of the administrative authority,
the safety or convenience of the traveling public or the public interest
requires that encroachment work be performed as emergency work, the administrative
authority shall have full power to order, at the time the permit is granted,
that a crew of men and adequate facilities be employed by the permittee
24 hours a day to the end that such work may be completed as soon as practicable.
12.08.220 NOISE, DUST AND DEBRIS: Each permittee shall carry out encroachment
work irr a manner which will avoid unnecessary inconvenience to the general
public and occupants of neighboring property, and the permittee shall take all
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practical measures to reduce noise, dust and debris.' Nours of restricted
' operation may be established by the administrative authority.
12.08.230 INSPECTION RULES AND REGULATIONS: The administrative authority
shall make inspections and may establish rules and regulations reasonably
necessary to enforce and carry out the intent of this ordinate.
12.08.240 PRESERVATION OF MONUMENTS: No monument set for the purpose of
locating or preserving the lines of any street. or property subdivision; --~
• including precise survey reference points or'permahent survey bench marks
within the .City/County, shall be removed or disturbed by any person taho
has not. first obtained written permission from tfie administrative authority.
Permission to remove, disturb or replace monuments shall only be granted
upon the condition that the removal, disturbance or replacement of any
monument be done under-the supervision of a registered engineer or licensed
land surveyor. Any expenses incurred by the administrative authority for
the proper replacement of monuments shall be paid by the permittee.
72.08:250 REMOVAL OR RELOCATION OF UTILITY FACILITIES: On ail street opening
;and improvement projects necessitated by private property developments which
require the removal and/or relocation of facilities such as, but not limited !
to, electric,. gas, water or telephone lines, the land developer/owner sha'I1
be responsible and make the necessary arrangements with the serving utilities.
Evidence of such completed arrangements shall be presented by the land-
developer/owner to the City Building Inspector's office prior to final
approval of the development plans or the issuance of any permit to construct.
SECTION 2: PENALTY: Any person violating the provisions or failing to comply
with any of themandatoryrequirements of this ordinance is guilty of a
misdemeanor and any person convicted shall be punished in accordance with
Ordinance Number 541, Section 1 and as set forth in Section 1.16.010 of the
Municipal Code of the City of Lake Elsinore.
SECTION 3: This ordinance shall be published ahd become effective as provided
by law. -,
PASSED AND ADOPTED this 25th day of Juiv T977:
SIGNED ANO APPROVED this 25th day of July 1977.
s/ Frank L. DePas uale
MAYOR OF THE CITY OF LAKE ELSINORE
ATTEST:
s/Florene Marshall
.CITY CLERK OF IHE CITY OF LAKE ELSINORE