HomeMy WebLinkAboutOrdinances_2397_CCv0001.pdf ORDINANCE NO, 2397
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTERS
12.16 AND 12.20 OF THE REDLANDS MUNICIPAL CODE RELATING TO
STREET REPAIR AND CONSTRUCTION PERMITS AND STREET REPAIR
AND CONSTRUCTION REGULATION.
WHEREAS, the City Council of the City of Redlands ("this City Council") finds that certain
regulations contained in Chapter 12.16 of the Redlands Municipal Code defining procedures for
the application and issuance of encroachment permits by the Public Works Department should be
modified to improve the procedures used to evaluate and issue permits of any street repair and
construction work-, including utility excavations, and
WHEREAS, Chapter 12.20 of the Redlands Municipal Code provides for regulations relating to
the construction and repair of streets, and in particular, methods, and procedures associated with
excavations and utility trenches, and regulations to provide for the health, safety and well-being
of the general public as it uses City streets, and as currently established, is outdated and no longer
applicable, and
WHEREAS, it has been determined through various studies that excavations in City streets can
significantly disrupt and interfere with public use of the streets, and that improper repairs and lack
of accountability for those making excavations in City streets, will shorten the life of the street
surface; and
WHEREAS, it is desirable to adopt new and revised regulations that will help the City gain greater
control over excavations in the streets, will help reduce the disruption of and interference with the
public use of City streets caused by excavations, and will help provide for the safety of the public
using City streets;
THE CITY COUNCIL OF THE CITY OF DLANDS DOES ORDAIN AS FOLLOWS:
Section 1. Section 12.1 .040 of the Redlands Municipal Code is hereby amended to
read as follows:
"12.16.040 Application - Form
Applications shall be submitted in format and manner specified by the Director and shall
contain the following information:
A. The name, address and telephone number of the applicant. Where the applicant is
no the owner of the facility or facilities to be installed or maintained, the application shall include
the name, address and telephone number of the owner, and the applicant must demonstrate in a
form and manner specified by the Department that the applicant is authorized to act on behalf of
the owner. Also included shall be the name of the Contractor, his license number and type, the
Underground Service Alert identification number and the Cal OSHA number if applicable.
B. A plan, diagram or map, approved by the Director, showing the proposed location
and dimensions of the excavation and the facilities to be installed, maintained or repaired in
connection with the excavation, and such other details as the Department may require.
C. The proposed starting date of repair, construction or excavation.
D. The proposed duration of the repair,construction or excavation,which shall include
the duration of the restoration of the public right-of-way physically disturbed by the repair,
construction or excavation.
E. Possession of a current Business Tax Certificate issued by the City of Redlands.
F. Evidence that the appropriate warranty and fees have been submitted as required
by Section 12.20=110.
G Evidence of insurance for the applicant and owner as specified by the Department.
Any other information that may reasonably be required by the Department."
Section 2. Section 12.16.045 is hereby added to the Redlands Municipal Code to read
as follows:
"12.16.045 Action on applications for permits to excavate.
A. After receipt of an application for a permit to repair, construct or excavate, the
Department shall determine whether the application is complete. If the application is deemed to
be incomplete, the Department shall advise the applicant of the reasons for rejecting the
application as incomplete.
B. If the application is deemed to be complete, the Department, in its discretion, shall
deny, approve or conditionally approve the application. In order topreserve and maintain the
public health, safety, welfare and convenience, the Department may condition a permit with
specified requirements including, but not limited to, those that limit or modify the facilities to be
installed or maintained, the location of the facilities to be installed or maintained, and the time,
place and manner of excavation.
C. If the application is denied, the Department shall advise the applicant in writing of
the basis for the denial.
D. If the application is approved or conditionally approved,the Department shall issue
a permit to the applicant.
Section 3 Chapter 12.20 of the Redlands Municipal Code shall be deleted in its
entirety and replaced as follows:
"Chapter 12.20
STREET CONSTRUCTION AND CONSTRUCTION REGULATION
Sections:
12.20.010 Definitions
12.20.020 Conformance to approved plans required
12.20,030 Moratorium areas - No permit shall be issued
12.20.040 Permit to be kept at worksite
12.20.050 Duration and validity
12.20.060 Director - Supervision and inspection
12.20.070 Director - Notice of commencement of work
12.20,080 Director - Authority to permit continuance
12.20.090 Liability and indemnification
12,20.100 Workmanship and Performance Warranty Fee
12.20.1 10 Additional fees for excavation
12.20.120 Underground Service Alert
12.2 .130 Barricades and warning signs required
12.2,0.140 Limits upon excavation in the public right-of-way
12.20.1 50 Stop work order, permit modification, and permit revocation
12.20.160 Restoration of the public right-of-way
12.20.1 70 Repair by the Department
12.20,180 Emergency repair by the Department
12.20.010 Definitions. Whenever the following terms are used in this
Chapter, they shall have the meanings established by this sector:
A., "Applicant" shall mean any owner or duly authorized agent of such owner, who has
submitted an application for a Permit to Excavate.
B, "City" shall mean the City of Redlands.
C. "Department" shall mean the Department of Public Works.
D. "Deposit" shall mean any bond, cash deposit, or other security provided by the
applicant.
E. "Director" shall mean the Director of the Department of Public Works or his/her
designee, including the Construction Inspector.
F. "Excavation" shall mean any opening in the surface or subsurface of the public right-of-
way.
G. "Facility" or "Facilities" shall mean any and all cables, cabinets, ducts, conduits,
converters, equipment, drains, handholds, manholes, pipes, pipelines, splice boxes, surface
location markers, turmels, utilities, vaults, and other appurtenances or tangible things owned,
leased, operated, or licensed by an owner or person, that are located or are proposed to be located
in the public right-of-way.
H. "Owner" shall mean any person, including any agency, department, or subdivision of
the City, who owns any facility or facilities that are or are proposed to be installed or maintained
in the public right-of-way.
1. "Permit" or "permit to excavate" shall mean a permit to perform an excavation as it has
been approved or may be amended or renewed by the Department.
J. ""Permittee`" shall mean the applicant to whom a permit to excavate has been granted
by the Department in accordance with this chapter.
K "Person" shall mean any natural person,corporation, partnership,or any governmental
agency, including agency, department, or subdivision of the City, the State of California, or
United States of America.
L. "Public Right-of-Way" shall mean the area across, along, beneath, in, on., over, under,
upon and within the dedicated public alleys, boulevards, courts, lanes, places, roads, sidewalks,
streets, and ways within the City, as they now exist or hereafter will exist and which are or will
be under the permitting jurisdiction of the Department of Public Works.
M. "Utility" shall mean any franchise owner whose facility or facilities in the public right-
of-way are used• to provide gas, electricity, steam, water, sewer service, telecommunications,
video, or other services to customers regardless of whether such owner is deemed a public utility
by the California Public Utilities Commission.
N. "Public Utility Franchise" granted by the City of Redlands or the State of California
is a contract granting special privileges to use the public right-of-way. It is not intended that this
chapter of the Municipal Code impose additional rules or regulations which are inconsistent with
the rights or obligations under the franchise or confer authority to the City that conflicts with the
State's Public Utilities Code or the jurisdiction of the California Public Utilities Commission.
12.20.020 Conformance to approved plans required.
Any permittee, before doing any work in the streets of the City pursuant to any permit issued
in accordance with the provisions hereof, if required by said perrifit, shall secure the plans
approved by the Director showing the lines and grades for doing said work, and shall conform
thereto in doing and performing said work.
12.20.030 Moratorium areas - No permit shall be issued.
Permission to excavate in newly renovated streets will not be granted for three (3)years after
completion of street renovation as determined by the City. Utilities shall determine alternate
methods of making necessary repairs to avoid excavating in newly constructed,paved or renovated
streets. Exceptions to the above as mutually agreed upon by the Utilities and the Director are as
follows:
A. An emergency which endangers life or property.
$, Interruption of essential utility service.
C. Work that is mandated by City, State or Federal legislation,
D Service for buildings where no other reasonable means of providing service exists.
EOther situations deemed by the City Council to be in the best interest of the general
public.
All permits which are issued under A through E above shall be in accordance with the
standards, details and specifications established by and on file in the office of the Director.
12.20.040 Permit to be kept at work site.
The permittee shall keep the permit at the site of the work at all times while any work is in
progress, by retaining the same on his person or delivering it to the project superintendent or
person in charge of the actual doing or performing of the work authorized by said permit.
12.20.050 Duration and validity.
APermits shall be void if construction has not begun within thirty (30) days of the start
date specified in the permit or if excavation, including restoration, has not been completed within
the specified duration; provided, however, that the Director, in his or her discretion, may issue
one 30-day extension to the start date and extensions as may be deemed appropriate to the duration
of excavation upon.written request from the permittee.
B. After any work in connection with any excavation, obstruction, facility or equipment,
or street betterment is commenced, by the holder of any permit as herein provided, the work of
accomplishing the purpose thereof shall be diligently carried on and completed by him in a manner
that shall not obstruct the street or any travel thereon more than is absolutely necessary,
12.20.060> Director - Supervision and inspection.
All work done in the streets shall be done under the direction and to the reasonable
satisfaction of the Director or his/her designee. From time to time, or at such time as the Director
deems necessary, as the work progresses, all work done or performed pursuant to any permit
issued by the Director shall be inspected.
12.20.070 Director - Notice of commencement of work.
Any permittee of any permit issued hereunder (excepting any department of the City) shall
notify the Public Works Department twenty-four hours in advance of starting or commencing any
work to be done or performed thereunder, and before refilling any excavation, tunnel or bore, in
order that the Director may procure and assign an inspector to inspect the same.
12.20.080 Director - Authority to permit continuance.
No work shall be done, or any excavation, tunnel or bore refilled until such notice shall be
given and authority is given therefor by the Director.
12.20.0" Liability and indenunification.
A. Liability up2fl4grmittee. Each owner and permittee is wholly responsible for the
quality of the work performed in the public right-of-way and both the owner and permittee are
jointly and severally liable for all consequences of any condition of such work and any facilities
installed in the public right-of-way. Neither the issuance of any permit, inspection, repair, nor
suggestion, approval, or acquiescence of any person affiliated with the City shall excuse any
owner and/or permittee from such responsibility or liability.
B. Indemnification, defense, and hold h4rMIqsa. Each owner and permittee shall
indemnify
� , defend, and hold harmless the City of Redlands and its officers, agents, and
employees, as well as their associated and affiliated companies and their respective officers,
agents, and employees from any and all suits, actions, losses, claims, and liabilities of every kind,
nature, and description, including, but not limited to, attorney's fees and any injury or death to
any person(s) or damage to any property(ies) arising out of or in connection with the work
performed by it or on its behalf under a permit to excavate. Upon the request of the City, the
owner and/or the permittee, at no cost or expense to the City, shall defend any suit, action, or
legal proceeding asserting a claim for losses or liabilities, to the extent that any such suit, action,
or legal proceeding claims a loss covered by the terms of this indemnification agreement.
12.20.100 Workmanship and Performance Warranty Fee.
A. For all work requiring a permit by the terms of this chapter, the person making
application for permit shall provide, prior to the issuance of said permit, security as required by
the Director which shall include, at a minimum, a warranty bond. The warranty shall run ten(1 0)
years from the completion and final acceptance of the construction and/or repair work by the
Director. The release of said security shall be governed by the California Civil Code. Utility
excavators shall post the security required by the Director or in conformance with a franchise
agreement between the City and the Utility.
B. All permits issued under the requirements of this chapter will include the payment of
a non-refundable Workmanship and Performance Warranty Fee to City. This Workmanship and
Performance Warranty Fee shall be imposed as follows:
1. Where the workmanship and performance of the permittee is limited to the
statutory one (1) year period; cuts are allowed by payment of a Workmanship and Performance
Warranty Fee as established by Resolution.
2. Where the permittee commits to a ten (10) year workmanship and performance
warranty agreement with the City; cuts are allowed by payment of a limited Workmanship and
Performance Warranty Fee as established by Resolution.
3. Utilities that are a part of the City of Redlands and utilities operating under a
franchise granted by the City that clearly includes an explicit obligation to repair (warranty) any
restoration defects are exempt from payment of the Workmanship and Performance Warranty Fee.
Utilities operating under a franchise that does not have explicit obligation to warranty mid repair
may enter into an agreement with City that provides a warranty and security satisfactory to it
and thereby, during the term of the agreement, be exempt from payment of the warranty fee. The
agreement must comply with the warranty and security requirements of this chapter.
4. Where permission to excavate in newly renovated streets has been granted,
excepting therefrom those items provided in Section 12.20.030, payment of the Workmanship and
Performance Warranty Fee shall be required under I through 2 above regardless of franchise
status.
C. In all cases where cuts are allowed, the permittee is required to restore the trench and
street section to City standards and specifications. All warranties shall include adequate security
for the warranty period. All pavement warranty fees received under the requirements of this
section shall be expended solely for the purpose of maintaining the workmanship and performance
of City streets.
12.20.110 Additional Fees for Excavation.
In instances where administration of this chapter or inspection of an excavation is or will be
unusually costly to the Department, the Director may require an applicant to pay an additional sum
in excess of any amount charged elsewhere in this chapter. The additional sum shall be sufficient
to recover actual costs incurred by the Department and shall be charged on a time and materials
basis. Whenever additional fees are charged, the Director shall provide the applicant with an
estimate of the additional fees.
12.20.120 Underground Service Alert.
Any person excavating in the public right-of-way shalt comply with the requirements of the
Underground Service Alertregarding notification of excavation and marking of subsurface
facilities..
12.20.130 Barricades and warning signs required.
Every person making an excavation in any street, or causing the same to be made, or
constructing, leaving, placing or maintaining an obstruction in any street, or causing the same to
be constructed, left, placed or maintained shall place and maintain appropriate traffic control
devices, including but not limited to barricades, cones, delineators and construction Mane signs in
accordance with, the State of California Manual of Traffic Controls for Construction and
Maintenance Work Zones. Such traffic control shall be in place prior to the commencement of
work and shall be maintained in good condition.-unlit all work is completed and the streets are clear
of any and all obstructions.
12.20.140 Limits'upon excavation in the public right-of-way.
. Scgpe. It is unlawful for any permittee to make, to cause, or permit to be made, any
excavation in the public right-of-way outside the boundaries, threes, and description set forth in
the permit.
B Rock Wheel. Use of a rock wheel to excavate in the public right-of-way is unlawful,
without the prior written approval of the Director.
C. Trenchless Techr oiogy; Use of tr nchless technology in the public right-of-way i
unlawful without the prior written approval of the Director.
D Lane Closures in Excess of Six Hundr poet P ohibited. No lane closures in excess
of six hundred (604) feet will be allowed, except in cases of an emergency or by consent of the
Director.
E gross Strut Access. A minimum of one lane of travel in each direction shall be
maintained on all arterial streets crossing the excavation, One lane of travel may be allowed for
local and minor streets, provided appropriate flagging procedures are used. Closing cross streets
to traffic is unlawful without the prior written approval of the Director.
F. al Access to Buri asses and l sidents. Access to local businesses must be
maintained at all tunes. Access to local residences may be restricted upon approval of the
Director. Residents must be provided a minimum of forty-eight(48)hours notice by the pe "tee
that access, will be restricted.. Such restriction shall only be allowed on weekdays between the
hours of :00 aero. and 4:00 p.m.
12.20.150 Stop Fork Carder, Permit Modification, rated Permit Revocation.
When the Director has determined a person has violated this chapter, any condition of the
permit, that an excavation poses a hazardous situation or constitutes a public nuisance, public
emergency, or other threat to the public health, safety; or welfare; or when the Director
determines there is a paramount public purpose, the Director is authorized to issue a stop work
order, to impose new conditions upon a permit, or to suspend or revolve a permit by notifying the
permittee of such action in writing.
i
12.20.160 Restoration of the Public Right-of-Way...
.A. Like New Restoration. In any case in which the street, sidewalk, or other public right-
of-way
ight-o way is or is caused to be excavated, the owner and permittee shall restore or cause to be
restored such excavation to like new condition in the manner prescribed by the standard plans and
specifications, the design manual, orders, regulations, and rules of the City of Redlands. As a
minimum, trench restoration shall include resurfacing to a constant width equal to the widest part
of the trench excavation.
B. Modification to Recluirerraents. Upon written request from the permittee,the Director,
in his or her discretion;, may approve in writing modifications to the requirements of this chapter.
C. Incoml2leteWork and Con lesionthe De a ent. In any case where an excavation
is not completed, or restored in the time and manner specified in the permit, this chapter, the
standard plans and specifications, the design manual, or the orders, regulations, and rules of the
Department, the Director shall order the owner or permittee to complete the work as directed
within twenty-four( ) hours. If the owner or permittee should fail, neglect, or refuse to comply
with the order, the Director may complete or cause to be completed such work in such manner a
the Director deems expedient and appropriate. The owner or permittee shall compensate the
Department for any costs associated with the administration, construction;consultants,equipment,
inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the
Department or other departments or agencies of the City made necessary by ,said work.
12.20.170 Repair by the Department.
A. In the eventany person(s) fails, neglects, or refuses to repair or restore any condition
pursuant to the Director's notice as set forth its this chapter, the Director shall repair or restore,
or cause to be repaired or restored, such condition in such a manner as the Director deems
expedient and appropriate. The person( ) identified by the Director as the responsible party shall
compensate the Department for any costs associated with the administration, construction,;
consultants, equipment, inspection, notification, rernediation, repair, restoration, or any other
actual costs incurred by the Department or other departments or agencies of the City trade
necessary by reason of the repair or restoration undertaken by the Department.
B. Repair or restoration by the Department in accordance with this chapter shall not
relieve the person(s) from any and all liability at the site of the repair or restoration, including,
but not limited to, future failures.
12.20.180 Emergency repair by the Department.
A. If, in the judgment of the Director, the site of an excavation is considered hazardous,
constitutes a public nuisance, public emergency, or either imminent threat to the public health,
safety, or welfare that requires immediate action, the Director shall order the condition remedied
by written, oral, telephonic or facsimile communication to the owner, applicant, or any agent
thereof and shall designate the owner or applicant 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 shall remedy the
condition or cause the condition to be remedied in such a manner as the Director deems expedient
and appropriate. The person(s) identified by the Director as the responsible party shall
compensate the 'Department for any reasonable casts associated with the administration,
construction,consultants, equipment, inspection;notification, remediation,repair, restoration., or
any other actual costs incurred by the Department or other departments or agencies of the City
made necessary b reason of the emergency remediation undertaken by the Department,"
Section 4. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of the ordinance and shall cause it, or a summary ,of it, to be published once in the
Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter this
ordinance shall take effect as provided by law.
Miy" 4,_City of I Cewands
ATTEST:
C Irt—Y .1 4 k
1, Lorne Poyzer, CiLy Clerk of the City of Redlands, hereby certify that the foregoing ordinance
was duly adopted by the City Council at a regular meeting thereof held on the 6 th day of
April , 1999 by the following vote:
AYES: Councilmembers Banda , Gilbreath, George, Freedman;
Mayor Cunningham
NOES: No
ABSTAIN: None
ABSENT: None
City�Oerk, CitVedlands