This chapter shall be known and may be cited as the "Street Excavation Ordinance."
(Prior code § 15-2.1; Ord. 21-1722 § 2)
As used in this chapter:
means any person making written application to the City Engineer for an excavation permit.
means the City Engineer of the City.
means any opening in 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 without injury or damage to the public place.
means 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 or object of any kind or character, whether enumerated in this chapter or not, which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over a public place.
means any person who has been granted and has in full force and effect an excavation permit issued under this chapter.
means any person, firm, partnership, association, corporation, company, political body or organization of any kind.
means any public street, way, place, alley, sidewalk, park, square, or any other public property owned or controlled by any governmental agency in a governmental capacity.
means any street, highway, sidewalk, alley, avenue, or other public way or public grounds in the City.
means any pipe, conduit, duct, tunnel, manhole, vault, buried cable, or wire, or any other facility located below the surface of any public place.
(Prior code § 15-2.2; Ord. 21-1722 § 2)
No person shall dig up, break, excavate, tunnel, undermine, or in any manner break up any street or public place or make or cause to be made any excavation in or under the surface of any public place for any purpose, or deposit, place or leave upon any public place any earth or other excavated material obstructing or tending to interfere with the free use of the public place, or fill any excavation in any public place, unless such person shall first have obtained an excavation permit from the City Engineer.
(Prior code § 15-2.3; Ord. 21-1722 § 2)
No excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the City Engineer. The written application shall state the name and address of the applicant, the nature, location and purpose of the excavation, and other data as may be reasonably required by the City Engineer. The application shall be accompanied by plans showing the extent of the proposed excavation work, the location of the excavation work, and such other information as may be prescribed by the City Engineer.
(Prior code § 15-2.4; Ord. 21-1722 § 2)
A permit fee shall be charged by the City Engineer for the issuance of an excavation permit. Such fee shall be in accordance with the fee schedule established by the City Council and adopted by resolution.
(Prior code § 15-2.5; Ord. 21-1722 § 2)
A.
All excavations shall be subject to inspection by the City Engineer. Actual costs of such inspections, computed at current hourly wage rates plus current overhead factor, shall be paid by the permittee. Before a permit is issued for excavations of unusual size or numbers, the permittee shall deposit with the City an amount equal to the following:
1.
Three and one-half percent of that portion of the estimated cost of excavation which is $25,000 or less;
2.
Three percent of that portion of the estimated cost of excavation in excess of $25,000 but not more than $100,000;
3.
Two and one-half percent of that portion of the estimated cost of excavation in excess of $100,000.
B.
If the actual cost of inspection, as computed by the standard City practices, is less than the amount deposited, the City shall refund to the applicant any excess amount of the deposit.
C.
If the actual cost of inspection, as computed, exceeds the amount deposited, the permittee, upon demand of the City Engineer, shall pay to the City an amount equal to the deficiency, within 10 days after such demand. If the permittee fails or refuses to pay such deficiency on or before the due date, the City may recover the sum, together with interest, costs and attorney's fees, by action in any court of competent jurisdiction. Until such deficiency is paid in full, the improvements shall be considered incomplete.
(Prior code § 15-2.6; Ord. 21-1722 § 2)
The permittee shall provide suitable signs at least four feet by six feet in dimension, identifying the particular company or contractor performing the excavation. This requirement is not applicable for excavations that are three feet by three feet or less in dimension.
(Prior code § 15-2.7; Ord. 21-1722 § 2)
Before an excavation permit is issued, as provided in this chapter, the applicant shall deposit with the City Clerk a surety bond in an amount to be determined by the City Engineer and based on the scope of work but not less than $1,000, payable to the City. The required surety bond must be:
A.
With good and sufficient surety;
B.
By a surety company authorized to transact business in the State;
C.
Satisfactory to the City Attorney in form and substance, and to the City Engineer in amount;
D.
Conditioned upon the permittee's compliance with this chapter, and further conditioned to fill up, restore and place in good and safe condition as near as may be to its original condition, and to the satisfaction of the City Engineer, all openings and excavations made in streets, and to maintain any street where excavation is made in as good condition for the period of 24 months after the work shall have been done, usual wear and tear excepted, as it was in before the work shall have been done. Any settlement of the surface within the two-year period shall be deemed conclusive evidence of defective backfilling by the permittee. Nothing contained in this chapter shall be construed to require the permittee to maintain any repairs to pavement made by the City if such repairs should prove defective. Any owner of real estate repairing or engaging another to repair his or her own sidewalk shall not be required to give such bond. An annual bond may be given under this provision, which shall remain in force for two years, conditioned as above, in the amount specified above and in other respects as specified above, but applicable as to all excavation work in streets by the principal in such bond during the term of two years. Public utilities may be exempted from this requirement.
(Prior code § 15-2.8; amended during 1999 codification; Ord. 21-1722 § 2)
As an alternative to compliance with Section 12.12.080, the application for an excavation permit to perform excavation work under this chapter may be accompanied by a cash deposit, made to the City of Norwalk for deposit with the City Treasurer, in a sum equal to the value of the excavation work, as determined by the City Engineer, in his or her sole discretion; provided, however, that no such deposit shall be less than $1,000. Such sum may be in the form of any interest-bearing security listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit, and the permittee shall remain the beneficial owner of such securities and receive any interest paid. Any deposit made under this chapter shall serve as security for the repair and performance of work necessary to put the street in as good a condition as it was prior to the excavation, if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and the excavation work under the excavation permit. The City may use any or all of such deposit to pay the cost of any work the City performs to restore or maintain the street or public place, in the event the permittee fails to perform such work. Any amount remaining on deposit at the end of 12 months from the date of completion of the excavation shall be refunded to the applicant. The decision of the City Engineer as to the need for or cost of the work done or repairs made by the City under the provisions of this chapter shall be final and conclusive.
(Prior code § 15-2.9; Ord. 21-1722 § 2)
The permittee shall take appropriate measures to assure that, during the performance of the excavation work, traffic conditions as nearly normal as practicable shall be maintained at all times, so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public. The City Engineer may permit the closing of streets to all traffic for a period of time prescribed by him or her, if in his or her opinion it is necessary. The permittee shall route and control traffic, including its own vehicles, as directed by the municipal law enforcement agency. When any street is to be closed or restricted to traffic, the permittee shall comply with the "Rules and Regulations Relating to Street Excavations," as established by the City Engineer.
(Prior code § 15-2.10; Ord. 21-1722 § 2)
The excavation work shall be performed and conducted so as not to interfere with access to fire stations, fire hydrants, fire escapes, water gates, underground vaults, valve housing structures and all other vital equipment as designated by the City Engineer. Materials or obstructions shall not be placed within 15 feet of fire hydrants. Passageways leading to fire escapes or fire-fighting equipment shall be kept free of piles of material or other obstructions.
(Prior code § 15-2.11; Ord. 21-1722 § 2)
The permittee shall erect and maintain suitable timber barriers to confine earth from trenches or other excavations, in order to encroach upon highways as little as possible. The permittee shall construct and maintain adequate and safe crossings over excavations and across all streets under improvement to accommodate vehicular and pedestrian traffic at all street intersections, subject to the approval of the City Engineer.
(Prior code § 15-2.12; Ord. 21-1722 § 2)
The permittee shall not interfere with any existing utilities without the written consent of the City Engineer and the utility company or person owning the utility. If it becomes necessary to remove an existing utility, this shall be done by its owner. No utility owned by the City shall be moved to accommodate the permittee unless the cost of such work shall be borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless it makes other arrangements with the owner of the utility. The permittee shall support and protect (by timbers or otherwise) substructure apparatus which may be in any way affected by the excavation work, and do everything necessary to support, sustain and protect them under, over, along or across such work. In case any of the substructure apparatus should be damaged, they shall be repaired by the agency or person owning them and the expense of such repairs shall be charged to the permittee, and his or her or its bond shall be liable. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipe, sewer, gas pipe, electric conduit or other substructure, and its bond shall be liable. The permittee shall inform itself as to the existence and location of all substructures and protect the same against damage.
(Prior code § 15-2.13; Ord. 21-1722 § 2)
Whenever the use of a substructure is abandoned, except the abandonment of a service line designed to serve a single property owner, the person owning, using, controlling or having an interest in such substructure, shall, within 30 days after such abandonment, file with the City Engineer a written statement describing in detail the location of the substructure so abandoned. When the City determines that the abandoned substructure is an obstruction or is otherwise detrimental to a governmental function, the owner shall remove such abandoned substructure or pay the cost of its removal during the course of excavation for construction of the facility by the City or any other public body.
(Prior code § 15-2.14; Ord. 21-1722 § 2)
The permittee shall, at all times and at his or her own expense, preserve and protect from injury any adjoining property, by providing proper foundations and taking other measures suitable for the purpose. Where, in the protection of such property, it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permittee shall obtain a license from the owner of such private property for such purpose, and, if he or she cannot obtain a license from such owner, the City Engineer may authorize him or her, in writing, to enter the private premises solely for the purpose of making the property safe. The permittee shall, at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work, and shall be responsible for all damage to public or private property or public streets resulting from its failure properly to protect and carry out such work. Permittee shall comply with the "Rules and Regulations Relating to Street Excavations" as established by the City Engineer in regard to trenching through any lawn area, care and clean up of all lawn areas, and handling of trees or shrubs.
(Prior code § 15-2.15; Ord. 21-1722 § 2)
Excavations made in or under a sidewalk shall be subject to compliance with the "Rules and Regulations Relating to Street Excavations," as established by the City Engineer.
(Prior code § 15-2.16; Ord. 21-1722 § 2)
Permittee shall place and maintain barriers and warning devices and take other steps required for the protection of the public, as required by the "Rules and Regulations Relating to Street Excavations," as established by the City Engineer.
(Prior code § 15-2.17; Ord. 21-1722 § 2)
No permittee shall suffer or permit to remain unguarded at the place of excavation or opening, any machinery, equipment or other device having the characteristics of an attractive nuisance likely to attract children and hazardous to their safety or health.
(Prior code § 15-2.18; Ord. 21-1722 § 2)
Trench and tunnel excavation and constructions, including care of excavated material shall be performed in compliance with the "Rules and Regulations Relating to Street Excavations," as established by the City Engineer.
(Prior code § 15-2.19; Ord. 21-1722 § 2)
All damage done to existing improvements during the progress of the excavation work shall be repaired by the permittee. Materials for such repair shall conform with the requirements of any applicable code or ordinance. If, upon being ordered to do so, the permittee fails to furnish the necessary labor and materials for such repairs, the City Engineer shall have the authority to cause the necessary labor and materials to be furnished by the City and the cost shall be charged against the permittee, and the permittee shall also be liable on his or her or its bond.
(Prior code § 15-2.20; Ord. 21-1722 § 2)
Property lines and limits of easements shall be indicated on the plan of excavation submitted with the application for the excavation permit, and it shall be the permittee's responsibility to confine excavation work within these limits.
(Prior code § 15-2.21; Ord. 21-1722 § 2)
As the excavation work progresses, all streets, public places and private properties shall be maintained free of all rubbish, excess earth, rock and other debris resulting from such work. All clean-up operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the City Engineer, at the end of each work day. From time to time, as may be ordered by the City Engineer, and, in any event, immediately after the completion of work, the permittee shall, at his or her or its own expense, clean up and remove all refuse and unused materials of any kind resulting from the work and, upon failure to do so within two hours after having been notified to do so by the City Engineer, the work may be done by the City Engineer and the cost charged to the permittee, and the permittee shall also be liable for the cost under the surety bond provided by this chapter.
(Prior code § 15-2.22; Ord. 21-1722 § 2)
Permittee shall provide for the flow of watercourses, sewers and drains, and provide for incidental matters as provided in the "Rules and Regulations Relating to Street Excavations," as established by the City Engineer.
(Prior code § 15-2.23; Ord. 21-1722 § 2)
Permittee shall comply with the "Rules and Regulations Relating to Street Excavations," as established by the City Engineer, in regard to the installation of any substructures.
(Prior code § 15-2.24; Ord. 21-1722 § 2)
Tunnels under pavement shall not be permitted except by permission of the City Engineer, and, if permitted, shall be adequately supported by timbering and backfilling under the direction of the City Engineer.
(Prior code § 15-2.25; Ord. 21-1722 § 2)
Permittee shall comply with the "Rules and Regulations Relating to Street Excavations," as established by the City Engineer, in regard to all backfilling and in regard to the use of water from fire hydrants.
(Prior code § 15-2.26; Ord. 21-1722 § 2)
Permittee shall comply with the Rules and Regulations Relating to Street Excavations," as established by the City Engineer, in regard to the restoration of the surface of any excavation or the surrounding area.
Acceptance or approval of any excavation work by the City Engineer shall not prevent the City from asserting a claim against the permittee and his or her or its surety, under the surety bond required by this chapter, for incomplete or defective work, if discovered within 24 months after the completion of the excavation work. The City Engineer's presence during the performance of any excavation work shall not relieve the permittee of its responsibilities under this chapter.
(Prior code § 15-2.27; Ord. 21-1722 § 2)
If the permittee shall have failed to restore the surface of the street or public place to its original and proper condition, upon expiration of the time fixed by such permit, or shall otherwise have failed to complete the excavation work covered by such permit, the City Engineer, if he or she deems it advisable, shall have the right to do all work and things necessary to restore the street or public place and to complete the excavation work. The permittee shall be liable for the actual cost, and 25% of such cost, in addition, for general overhead and administrative expenses. The City shall have a cause of action for all such cost and 25% override and for all fees, expenses and amounts paid out and due it for such work, and shall apply in payment of the amount due it any funds of the permittee deposited as provided in this chapter, and the City shall also enforce its rights under the permittee's surety bond provided pursuant to this chapter.
It shall be the duty of the permittee to guarantee and maintain the site of the excavation work in the same condition it was prior to the excavation work for a period of two years after restoring it to its original condition.
(Prior code § 15-2.28; Ord. 21-1722 § 2)
Permittee shall comply with the "Rules and Regulations Relating to Street Excavations," as established by the City Engineer, in regard to the excavation, construction and maintenance of any trenches for the laying of pipe.
(Prior code § 15-2.29; Ord. 21-1722 § 2)
The permittee shall prosecute with diligence and expedition, to the satisfaction of the City Engineer, all excavation work covered by the excavation permit, and shall promptly complete such work and restore the street or public place to its original condition, or as near as may be, as soon as practicable and, in any event, not later than the date specified in the excavation permit.
(Prior code § 15-2.30; Ord. 21-1722 § 2)
If, in his or her judgment, traffic conditions, the safety or convenience of the traveling public, or the public interest require that the excavation work be performed as emergency work, the City Engineer shall have full power to order, at the time the permit is granted, that a crew of workers and adequate facilities be employed by the permittee 24 hours a day, in order that such excavation work may be completed as soon as possible.
(Prior code § 15-2.31; Ord. 21-1722 § 2)
Nothing in this chapter shall be construed to prevent the making of such excavations as may be necessary for the preservation of life or property or for making urgent repairs; provided that, the person responsible for such excavation shall apply to the City Engineer for such a permit on the first working day after such work is commenced.
(Prior code § 15-2.32; Ord. 21-1722 § 2)
Each permittee shall conduct and carry out the excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practical, in the performance of the excavation work, noise, dust and unsightly debris. The permittee shall not operate any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring properties unless the City Engineer otherwise grants permission pursuant to the standards provided in Section 9.04.150(E).
(Prior code § 15-2.33; amended during 1999 codification; Ord. 21-1722 § 2)
The following provisions are intended to prevent unnecessary interference with new pavement during the period immediately following its construction or resurfacing:
A.
The City Engineer shall attempt to give notice to all owners of substructures located within the City streets who might be affected, approximately one year prior to the probable date of construction of any new paving or repaving of any street in the City. The failure to give such notice shall not affect the further provisions of this chapter.
B.
The City Engineer shall give further notice, approximately four months prior to the expected date of commencement of construction of any paving or repaving of City streets, to all owners of substructures located within the City streets who might be affected.
C.
No excavation shall be made in any City street within five years following the date of completion and acceptance of any work of paving or repaving of such street except for emergency repairs or service, unless the person proposing to make such excavation shall agree to pay for the resurfacing in accordance with the City's Asphalt Roadway Utility Trench Detail Standard Plan and Special Conditions for Moratorium Street/Alley Trenching.
(Prior code § 15-2.34; Ord. 1707 § 1, 2019; Ord. 21-1722 § 2)
Any monument set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point, or a permanent survey benchmark within the City, shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the City Engineer so to do. Permission to remove or disturb such monuments, reference points or benchmarks shall only be granted upon condition that the person applying for such permission shall pay all expenses incident to the proper replacement of the monuments by the City Engineer.
(Prior code § 15-2.35; Ord. 21-1722 § 2)
The City Engineer shall make such inspections as are reasonably necessary in the enforcement of this chapter. The City Engineer shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this chapter.
(Prior code § 15-2.36; Ord. 21-1722 § 2)
Every person owning, using, controlling or having an interest in substructures under the surface of any public place, used for the purpose of supplying or conveying gas, electricity, communication impulse, water, steam, ammonia, waste water, gasoline or oil in the City shall, when requested, file with the City Engineer within 120 days after the adoption of this chapter a map or set of maps, each drawn to a scale of not less than one inch to 200 feet, showing in detail the location, size, description and date of installation, if known, of all substructures, except a service line designed to serve a single property owner, beneath the surface of the public place belonging to, used by or under the control of such person having any interest, and shall file with the City Engineer on or before January 15th of each fifth year thereafter, a corrected map or set of maps, each drawn to that scale, including all installations made during the previous year to and including the last day of such year; provided, however, that a public utility owner may, at its option, provide corrected atlas sheets at more frequent intervals.
(Prior code § 15-2.37; Ord. 21-1722 § 2)
The provisions of this chapter shall not be applicable to any excavation work performed under the direction of City authorities, by employees of the City. The provisions of this chapter shall apply to any contractor performing work for the City, except to the extent exempted by the City Engineer or where a particular provision is inconsistent with a specific provision of the contract under which such work is to be performed.
(Prior code § 15-2.38; Ord. 21-1722 § 2)
All persons operating public utilities or other companies in the City either under regulation of the State Public Utilities Commission or under franchise, license or permit granted by the City, and having the right, either by general or special permission, to enter upon streets and open and excavate pavements or sidewalks, or disturb the surface by excavation or other work, shall be required to apply for a permit for all work in the public right-of-way. A blanket permit for excavation may be issued for periods up to one year, but excavations in excess of two feet by four feet shall not be made without prior approval of plans by the City Engineer.
(Prior code § 15-2.39; Ord. 21-1722 § 2)
A permittee, prior to the commencement of excavation work under this chapter, shall upon the request of the City Engineer, furnish satisfactory evidence, in writing, that the permittee has in force and will maintain in force during the performance of the excavation work and the period of the excavation permit, public liability insurance for the protection of the City and the permittee against claims for injury or death to any person or persons, or damage to any property, arising out of the performance of such excavation work. Such policy shall provide coverage in amounts as specified by the City Engineer, and shall guarantee payment of any final judgment rendered against the permittee or the City, within the coverage provided, irrespective of the financial condition of or of any acts or omissions of such permittee. Such policy shall specifically name the City as an additional insured and shall further provide that the insurance coverage afforded shall not be terminated or cancelled except upon 30 days' written notice to the City. Public utilities franchised by the City may be exempted from this requirement.
(Prior code § 15-2.40; Ord. 21-1722 § 2)
This chapter shall not be construed as imposing upon the City or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued under this chapter, nor shall the City or any official or any employee be deemed to have assumed any such liability or responsibility by reason of inspections authorized under this chapter, the issuance of any permit, or the approval of any excavation work.
(Prior code § 15-2.41; Ord. 21-1722 § 2)
The City Engineer shall have the authority to promulgate and cause to enforce such rules and regulations as are reasonably required to provide for the matters governed by this chapter and to supplement the same and to provide for the enforcement of this chapter. Violation of such rules and regulations shall constitute a violation of this chapter.
(Prior code § 15-2.42; Ord. 21-1722 § 2)