For work within public rights-of-way, no person shall conduct
any construction without first having obtained an encroachment permit
in accordance with this title and without having obtained coverage
under the State Water Resources Control Board's NPDES permit for construction
activity, if applicable. Excavations shall meet all state and federal
regulations including, but not limited to, any trench greater than
five feet deep. Cal/OSHA permits shall be obtained, as required.
(Ord. 13-01 § 4)
A.
The
city engineer may issue an encroachment permit for major and minor
construction-related improvements within public rights-of-way upon
satisfactory completion of an application in accordance with this
title and the Engineering and Construction Manual. Note the following:
1.
Major
public rights-of-way improvements (as shown on typical construction
plans) shall be covered under an encroachment permit and may include:
street improvements, storm drain improvements, sewer and/or water
improvements, dry utility improvements, traffic control plans, traffic
signing and striping improvements and traffic signal improvements.
2.
No
construction, grading or encroachment will be approved which, in the
opinion of the city engineer, physically prevents the use of existing
legal access to any private parcel.
3.
The
city engineer may issue an encroachment permit for minor construction-related
improvements within the public rights-of-way upon satisfactory completion
of an application in accordance with this title and the Engineering
and Construction Manual. Said minor construction-related improvements
may include: driveway approaches, drains, street closures, oversize
transport, tree trimming, utility work, etc.
B.
In
addition to construction-related improvements within public rights-of-way,
the city engineer may issue an encroachment permit for miscellaneous
activities performed within public rights-of-way upon satisfactory
completion of an application in accordance with this title and the
Engineering and Construction Manual. Said activities may include access
to utility agency facilities, block parties, movie filming, street
closures, special events, etc.
(Ord. 13-01 § 4)
To obtain an encroachment permit, the applicant shall first
file an application in writing on a form furnished by the city engineer
for that purpose.
(Ord. 13-01 § 4)
A.
Each
application for an encroachment permit shall be accompanied by the
required construction plans and specifications, soils engineering
and geotechnical reports, hydrology/hydraulic reports, proof of coverage
under the state general permit for construction activities and all
other information required by the city engineer as noted in the Engineering
and Construction Manual, and payment of the appropriate fees.
B.
Plans and specifications for construction projects and work requiring encroachment permits as defined in Section 18.12.040 "Types of work covered by an encroachment permit" shall be prepared and signed by the engineer of record. This requirement may be extended to any project when, in the opinion of the city engineer, drainage or geologic factors may warrant a need for civil engineering design and control.
C.
Construction
plans and specifications shall be prepared in accordance with the
Engineering and Construction Manual.
(Ord. 13-01 § 4)
A.
Applications
for which no permit is issued within one hundred eighty days following
the date of application shall expire; and plans submitted for checking
may thereafter be returned to the applicant or may be destroyed by
the city engineer without additional notice to the applicant.
B.
The
city engineer may extend the time for action by the applicant for
a period not exceeding one hundred eighty days upon written request
by the applicant showing that circumstances beyond the reasonable
control of the applicant have prevented action from being taken.
C.
In
order to renew action for an application after expiration, the applicant
shall resubmit the submittal package and pay the most current plan
check fee.
D.
Plan
check fees shall be deemed forfeited for all expired permits.
(Ord. 13-01 § 4)
A.
An
encroachment permit shall be valid for a period of one hundred eighty
days from the date of issuance.
B.
The
time limitation for all encroachment permits is also subject to the
following provisions:
1.
Permit
Extensions. The city engineer may extend the time limit on encroachment
permits by one or more successive periods of up to one hundred eighty
days upon written request by the applicant showing to the satisfaction
of the city engineer that circumstances beyond the control of the
applicant have prevented, delayed or extended the time required to
complete the work.
2.
Weather-Related
Delays. The city engineer may require that construction operations
and project designs be modified if delays occur which incur weather-related
problems not considered at the time the encroachment permit was originally
issued.
C.
As
a condition of the extension of any time period, the city engineer
may require the payment of additional permit, plan checking, inspection
and/or soils review fees required to cover the administration of the
extensions and/or increased costs to the city and to bring the project
into conformance with any fee schedule in effect at the time of extension.
(Ord. 13-01 § 4)
A.
An
encroachment permit shall not be issued in any case where the city
engineer determines that hazardous conditions exist and that the work,
as proposed by the applicant, will:
1.
Expose
public rights-of-way to landslide or geologic hazard;
2.
Adversely
interfere with existing drainage courses/patterns and/or existing
drainage improvements and utilities;
3.
Cause
erosion and/or flooding, which could result in the depositing of mud,
silt or debris on public rights-of-way; or
4.
Create
any hazard to person or property.
B.
An
encroachment permit shall not be issued if any of the following apply:
C.
The
city engineer shall deny the issuance of an encroachment permit if
any of the following apply:
1.
If
prohibited by a duly elected moratorium, court order, injunction or
other legal order;
2.
If
the applicant or owner has failed to comply with the provisions of
this title; or
3.
If
the work proposed is not consistent with the city's general plan (or
any element thereof), any specific plan, any permit or the approved
subdivision map.
(Ord. 13-01 § 4)
If the civil engineer of record, the geotechnical engineer,
the engineering geologist or the contractor of record is changed during
the course of the work, the project shall be stopped until:
A.
Permittee
submits a letter of notification verifying the change of the responsible
professional; and
B.
The
new responsible professional submits in writing that he or she has
reviewed all prior reports and/or plans (specified by date and title)
and work performed by the responsible professional party, and that
he or she concurs with the findings, conclusions and recommendations
and is satisfied with the work performed. He or she must state that
he or she assumes all responsibility within his or her purview as
of a specified date. All exceptions shall be justified to the satisfaction
of the city engineer.
|
Exception: where clearly indicated that the firm, not the individual
engineer and/or geologist, is the contracting party, the designated
engineer or geologist may be reassigned and another engineer and/or
geologist within the firm may assume responsibility.
|
(Ord. 13-01 § 4)
A.
The
applicant shall obtain all required clearances from applicable regulatory
agencies and city departments prior to obtaining an encroachment permit,
as specified in and subject to the requirements of the Engineering
and Construction Manual. Said clearances shall not be obtained until
the applicant meets all regulatory agencies' and city departments'
requirements.
B.
The
applicant shall address all requirements associated with drainage
ways within public rights-ofway. Said requirements shall comply with
the Engineering and Construction Manual.
(Ord. 13-01 § 4)
The requirements for this section shall conform to this title
and the Engineering and Construction Manual.
A.
The
city engineer may require a geotechnical report to correlate surface
and subsurface conditions with the proposed construction plans. The
results of the investigation shall be presented in a report in conformance
with the requirements of this title and the Engineering and Construction
Manual.
B.
The
city engineer may require supplemental reports and data, as he or
she deems necessary, upon his or her review of the project site, reports
and other data submitted.
C.
The
city engineer may determine that geotechnical conditions at public
rights-of-way are such that public safety is adequately protected
and no mitigation is required.
D.
Dust
control and prevention procedures shall be employed while construction
activity occurs to minimize wind borne particles. At a minimum, all
construction operations shall comply with South Coast Air Quality
Management District (SCAQMD) Rule 403 (Fugitive Dust Emissions) and
the Engineering and Construction Manual.
(Ord. 13-01 § 4)
The disposal of all waste and recycling materials removed as part of any construction project within public rights-of-way shall comply with the city's solid waste franchise agreement, as specified in and subject to the requirements within the provisions of the Temecula Municipal Code, Title 8, Chapter 8.20, "Waste Management," and the Engineering and Construction Manual.
(Ord. 13-01 § 4)
A.
Upon
receipt and approval of the required application, fees, plans, reports
and other requirements of this title, the city engineer may issue
an encroachment permit, subject to any terms and conditions deemed
necessary to ensure conformance with the provisions of this title
and the Engineering and Construction Manual.
B.
The city engineer shall have the discretion to impose or modify conditions as necessary to prevent a possible nuisance or hazard, or to eliminate a nuisance or hazard, to persons or to public or private property in accordance with Section 18.27.060 "Hazardous conditions" of this title.
C.
The
issuance of an encroachment permit shall constitute an authorization
to do only that work which is described or illustrated on the application
for the permit, or on the plans and specifications attached to the
permit and approved by the city engineer. A separate permit shall
be required for other work.
(Ord. 13-01 § 4)
A.
Time
of any construction operation pursuant to this title shall be consistent
with city Ordinance No. 94-25. Construction operations within one-quarter
mile of an occupied residence shall not be conducted between the hours
of six-thirty p.m. and six-thirty a.m., Monday through Friday; or
between the hours of sixthirty p.m. and seven a.m. on Saturday. Further,
no such activity shall be undertaken on Sunday or any nationally recognized
holiday. The city engineer may extend the hours permitted for construction
operations if the city engineer determines that such operations are
not detrimental to the health, safety or welfare of the inhabitants
of nearby structures. Permitted hours of operation may be shortened
by the city engineer's findings of a previously unforeseen effect
on the health, safety or welfare of the surrounding community.
B.
Public
works projects of any federal, state or local entity or emergency
work by public utilities are exempt from the provisions of this title.
(Ord. 13-01 § 4)
It shall be the responsibility of the permittee to be knowledgeable
of the conditions and/or restrictions placed on the encroachment permit
as outlined in the applicable sections of this title, the Engineering
and Construction Manual, and as contained on the approved construction
plans and technical reports. The permittee shall also be responsible
for maintaining a copy of the permit and approved plans at the work
site, and implementing all applicable requirements of the city's standard
notes, as specified in and subject to the requirements of the Engineering
and Construction Manual.
(Ord. 13-01 § 4)
All persons performing work pursuant to this title shall have
all valid licenses and insurance required by the state of California
and by the city of Temecula.
(Ord. 13-01 § 4)
A.
During
construction operations, the permittee shall be responsible for the
prevention of damage to public utilities or services and for confining
construction activities to the area permitted on the approved plans.
This responsibility applies within the limits of the construction
activities and along any routes of travel of equipment.
B.
Before
starting any excavation work, the permittee shall be responsible to
contact Underground Service Alert of Southern California and coordinate
the proposed excavation with all interested utility companies, districts
and agencies.
(Ord. 13-01 § 4)
Throughout the duration of the work, the contractor or agent
in control of the work (for which he or she is encroaching into public
rights-of-way pursuant to a permit granted under the provisions of
this chapter), shall maintain in good condition and repair all structures,
planting and other protective devices as per the approved plans or
required by the permit and plans.
(Ord. 13-01 § 4)
The throwing, leaving, maintaining, keeping, placing, dumping, depositing or spilling soil materials on public rights-of-way shall be strictly prohibited. The permittee shall be responsible for the complete removal and cleanup of such materials from public rights-of-way. If the permittee fails to immediately remove said spillage or deposit from the public rights-of-way, and it is necessary for the city to cause such removal to be made, the cost of such removal work shall be the responsibility of the permittee. The city may use the improvement security in accordance with Section 18.24.140 "Securities" of this title for this purpose without notice to the owner. An additional cash deposit may be required prior to resumption of construction to insure the cleanup of public rights-of-way.
(Ord. 13-01 § 4)
