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:
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.
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.
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.
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.
means any person, firm, partnership, association, corporation,
company or organization of any kind.
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.
means any pipe, conduit, duct, tunnel, buried cable or wire
or any other similar structure located below the surface of any public
place.
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)
(a)
Required Information. An application form, provided by the administrative
authority, shall be submitted before any encroachment permit is issued.
The application shall State the name and address and principal place
of business of the applicant, the purpose of the facility, the location
and dimensions (where applicable) of the installation or removal,
the size of any excavation to be made, the approximate time when 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. Additionally, permittee shall give the administrative authority
twenty four hours' (24) advance notice when work will be started.
(b)
Special Conditions. Adjustments to these conditions may be granted
by the administrative authority for good and sufficient reasons. To
protect the safety and convenience of the public, the administrative
authority may establish special conditions on any permit issued.
(c)
Right to Cancel of Administrative Authority. The ordinance codified
herein empowers the administrative authority with the right to cancel
any permit for good and sufficient reasons.
(d)
Application is Encroachment Permit. 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.
(Ord. 116 § 1, 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)
(a)
The permittee shall indemnify, defend and save the City, its authorized
agents, officers, representatives and employees, harmless from and
against any and all penalties, liabilities or loss resulting from
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 Chapter.
(b)
Additionally, the permittee shall be responsible for all liability
imposed by law for personal injury or property damage caused by work
performed under the encroachment permit or caused by failure on permittee's
part to perform his maintenance obligations under such permit.
(c)
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 insofar as permitted by law. The
administrative authority may require proof of financial responsibility
to meet the permittee's obligation under this Section. An insurance
policy, acceptable to the City and naming the City as an additional
insured, may meet the requirements of this Section.
(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)
(a)
Barriers and Warning Devices Required. 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.
(b)
Requirements for Permit. For excavations over five feet (5')
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.
(c)
Specifications for Warning Signs. Barriers, warning signs, lights,
etc., shall conform to the requirements of the "Manual of Warning
Signs, Lights, and Devices for Use in Performance of Work Upon Highways,"
issued by the State Department of Transportation, and to any additional
requirements specified by the administrative authority. Warning signs
shall be placed as prescribed in Article 4 02 of the "Traffic
Manual," issued by the State Department of Transportation.
(d)
Precautions to Minimize Inconvenience. Permittee shall take appropriate
measures to assure that during the performance of construction work
on streets, traffic conditions as near normal as practicable shall
be maintained at all times so as to minimize inconvenience to the
occupants of the adjoining property and to the general public.
(e)
Permission Required to Close Streets. When traffic conditions permit,
the administrative authority may, by written approval, permit the
closing of streets and alleys to all traffic for a period of time
prescribed by him. The written approval of the administrative authority
may require that the permittee provide approved detours and give notification
to various public agencies and to the general public. In such cases,
the written approval shall not be valid until notice is given.
(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)
(a)
Permittees shall inform themselves as to the existence and location
of all facilities likely to be encountered by their operations.
(b)
Unless the law otherwise provides, relocation of an existing facility
shall be performed in accordance with a plan approved by the owner.
No facility owned by the City shall be moved to accommodate the permittee
unless the cost of such work is borne by the permittee.
(c)
All facilities affected by any excavation or other construction work,
shall be supported and protected by the permittee with methods approved
by the owner of the facility. Should an existing facility be damaged
by the permittee's operations, and for this purpose pipe coating
or other encasement or devices are to be considered as part of a facility,
the permittee shall promptly notify the owner of the damaged facility.
All facilities damaged by permittee's operations shall be repaired
as directed by the owner and the expense of such repairs shall be
charged to the permittee.
(Ord. 116 § 1, 1975)
(a)
Substructure. Whenever a substructure is abandoned, except the abandonment
of service lines designed to serve single properties, the person owning,
using, controlling or having an interest therein, shall file with
the administrative authority a drawing or written Statement indicating,
in detail, the location of the substructure so abandoned. At the time
of such abandonment, the administrative authority may determine what
portion, if any, of the abandoned substructure shall be removed or
otherwise treated.
(b)
Driveway Approach. Whenever a driveway approach is abandoned, or
can no longer be justified by the use made of the abutting property,
the administrative authority may require removal of any associated
driveway, apron or curb depression and restoration of any existing
curb, gutter or sidewalk across the driveway width.
(Ord. 116 § 1, 1975)
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)
(a)
Asphalt Pavement. Asphalt pavement shall be saw cut unless an alternate
method is approved by the administrative authority.
(b)
Concrete Sidewalk, Curb and Gutter and Cross-Gutter. All concrete
facilities shall be saw-cut. The depth of cut shall be a minimum of
one-third (1/3) of the thickness of the material being cut.
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 administrative authority, or his agent.
(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)
(a)
The administrative authority may require boring and jacking of utility
lines and conductor casings in public streets.
(b)
All nonrigid, nonmetallic pipes larger than four (4) inches shall
be installed in a conductor casing.
(c)
All metallic and nonmetallic pipes four (4) inches and under may
be installed without a conductor casing.
(Ord. 116 § 1, 1975)
(a)
Minimum Cover of Substructures. Unless otherwise approved by the
administrative authority, the minimum cover of substructures shall
be as follows:
(1)
Streets and Alleys. Twenty-four (24) inches below the established
flow line of the nearest gutter or, if a flow line is not established,
then the depth shall be at a minimum of thirty (30) inches below the
surface of the nearest outermost edge of the traveled portion of the
street; or, designed elevations, approved by the administrative authority;
(2)
Parkways. Eighteen (18) inches below established parkway elevation;
(3)
Other Public Places. Twelve (12) inches below the surface.
(b)
Subsequent Changes in Elevation. Unless the law otherwise provides,
nothing in this Chapter shall impose a duty upon the permittee to
maintain these minimum depth requirements upon subsequent changes
of elevation in the surface unless the depth of the substructure interferes
with the maintenance of, or travel on, a public street.
(Ord. 116 § 1, 1975)
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)
(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 (4)
inches thick and driveways, gutters and cross gutters shall be a minimum
of six (6) 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 surfacing, unless the permittee immediately
installs permanent resurfacing. Temporary paving shall be properly
maintained until permanent surfacing is placed.
Prior to placement of permanent pavement, edges shall be trimmed
to a vertical face. Permanent pavement shall be the thickness of the
existing pavement plus one (1) inch. The pavement shall be placed
so that the finished surface, after compaction, is level with or does
not exceed a maximum of one-fourth (1/4) inch above the existing pavement
and does not overlap onto the existing pavement. If the pavement is
to overlap the trench cut it shall be brought up in two (2) lifts;
the first lift to be level with the existing pavement when completed.
If over fifty (50) percent 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 reseeded or the sod shall be carefully
cut and rolled and replaced after ditches have been backfilled as
required in this Chapter. 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. Permittee shall not remove, even temporarily,
any trees or shrubs which exist in parkway areas without first obtaining
the consent of the administrative authority.
(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)
(a)
No monument set for the purpose of locating or preserving the lines
of any street or property subdivision, including precise survey reference
points or permanent survey benchmarks within the City, shall be removed
or disturbed by any person who has not first obtained written permission
from the administrative authority.
(b)
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.
(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)
