The ordinance codified in this Chapter shall be known and may
be cited as the "Encroachment Ordinance of the City of Indian
Wells."
(Ord. 116 § 1, 1975)
For purposes of this Chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein:
"Administrative authority"
means the City Manager, Director of Building and Planning,
City Engineer, Public Works Director, or other person or department
designated by the City to administer and enforce the provisions of
this Chapter.
"Encroachment"
means going upon, over, under or placing any facility upon,
along, across, over or under or using any public place in such a manner
as to prevent, obstruct or interfere temporarily or permanently with
the normal use of that public place.
"Excavation"
means any opening under, in or across the surface of a public
place made in any manner whatsoever, except an opening into a lawful
structure below the surface of a public place, the top of which is
flush with the adjoining surface and so constructed as to permit frequent
openings with out injury or damage to the public place.
"Facility"
means any pipe, pipeline, tube, main, service, trap, vent,
vault, manhole, meter, gauge, 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.
"Person"
means any person, firm, partnership, association, corporation,
company or organization of any kind.
"Public place"
means any public or semi-public (private) street, way, place,
alley, sidewalk, parkway, square, plaza, easement or any other similar
public or semi-public (private) property under the control of the
administrative authority.
"Substructure"
means any pipe, conduit, duct, tunnel, buried cable or wire
or any other similar structure located below the surface of any public
place.
"Utility"
means a private company and/or corporation operating under
regulation of the Public Utilities Commission, or municipal/County
department or other governmental agency engaged in providing a particular
service to the general public.
(Ord. 116 § 1, 1975)
The purpose of this Chapter 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 safeguards. Additionally, this Chapter
regulates backfilling and resurfacing of excavations, prescribes application
procedures for permit issuance, establishes bonding and liability
requirements and prescribes penalties for violations of its provisions.
(Ord. 116 § 1, 1975)
(a) Permit Required. No person shall establish or cause any encroachment
in any public place unless there has been first obtained an encroachment
permit therefor, from the administrative authority except as may be
otherwise provided in this Chapter.
(b) Annual Blanket Permit to Utilities. The administrative authority
may issue an annual blanket permit to utilities for purposes of placing,
replacing or repairing facilities within a public place in an unimproved
area or where the opening or excavation in a paved area does not exceed
two feet (2') in width and three feet (3') in length.
(Ord. 116 § 1 (part) 1975)
The administrative authority may collect a permit fee to cover
the cost incurred by the City pursuant to the provisions of this Chapter.
Recoverable costs include administrative expenses involved in the
issuance of an encroachment permit, checking plans for compliance
with the ordinance codified herein 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.
(Ord. 116 § 1, 1975)
All encroachment work shall be performed in accordance with
"Standard Specifications for Public Work Construction"
as specified by the Southern California Chapter of the American Public
Works Association 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 provisions of the
City and/or specifications which may be made a part of the permit.
(Ord. 116 § 1, 1975)
If required by the administrative authority, permittee shall
provide a cash deposit; surety bond or other acceptable security in
the amount determined by the administrative authority as sufficient
to reimburse the City for the costs of restoring the public place
to its original condition in the event permittee fails to do so.
(Ord. 116 § 1, 1975)
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, underground vaults, valve housing structures,
and all other vital equipment designated by the administrative authority.
(Ord. 116 § 1, 1974)
Where the confines of any area being excavated are too narrow
to permit piling of excavated material beside the trench, the administrative
authority may require the permittee to haul away the excavated material.
The permittee shall be responsible for securing any necessary disposal
sites. In addition, the permittee shall anticipate, and make provisions
for abatement of dust and dirt nuisances resulting from its operations.
(Ord. 116 § 1 (part) 1975)
As the excavation or other construction work progresses, all
streets shall be thoroughly cleaned of all rubbish, excess earth,
rock and other debris resulting from the work. All cleanup operations
at the location of the construction shall be accomplished at the expense
of the permittee to the satisfaction of the administrative authority.
(Ord. 116 § 1, 1975)
The permittee shall provide and maintain adequate waterways
for all surplus water; including storm water, runoff pumped from excavations,
flushings or other water resulting from permittee's operations.
(Ord. 116 § 1, 1975)
The width of all residential driveways at that area where it
intersects the street (public or private) shall not exceed twenty
(20) percent of the front dimension of such lot up to a maximum driveway
width of twenty-eight (28) feet. Residential lots with a front lot
dimension less than one hundred (100) feet, shall be exempt from this
requirement, but shall be restricted to a maximum driveway width of
twenty (20) feet where it intersects the street. Circular driveways
shall be restricted to a maximum of twenty (20) feet for both areas
of the driveway, which intersects the street.
(Ord. 243 § 1, 1988)
Backfilling shall consist of placing and compacting excavated
or imported backfilling material in an excavation. Compaction to a
relative density of ninety (90) percent 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 shall be compacted
to a relative density of ninety-five (95) percent. Compaction tests
by an approved soils laboratory or engineer may be required at permittee's
expense to assure compliance with this Section.
(Ord. 116 § 1, 1975)
The maximum amount of open trench to be allowed shall be determined
by the administrative authority.
(Ord. 116 § 1, 1975)
After a project is commenced, the permittee shall diligently
pursue all work covered by the encroachment permit, promptly complete
all work and restore the street, as near as practicable, to its original
condition to avoid obstructing the public place more than is reasonably
necessary.
(Ord. 116 § 1, 1975)
When in the judgment of the administrative authority, the safety
or convenience of the traveling public or the public interest requires
that the 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 twenty-four (24) hours a day to the end that such work
may be completed as soon as practicable.
(Ord. 116 § 1, 1975)
Nothing in this Chapter shall be construed to prevent the making
of excavations or the performance of work necessary for the preservation
of life or property or for the location of trouble in conduit or pipe,
or for making repairs, provided that the person undertaking such work
shall apply to the administrative authority for a permit on the first
working day after the work is commenced.
(Ord. 116 § 1, 1975)
Each permittee shall carry out encroachment work in a manner
which will avoid unnecessary inconvenience to the general public and
occupants of neighboring property, and the permittee shall take all
practicable measures to reduce noise, dust and debris. Hours of restricted
operation, if any, may be established by resolution of the City or
specified on the permit.
(Ord. 116 § 1, 1975)
The administrative authority shall make inspections and may
establish rules and regulations reasonably necessary to enforce and
carry out the intent of this Chapter.
(Ord. 116 § 1, 1975)