The public rights-of-way are unique public resources held in
trust by the City for the benefit of the public. Pursuant to the City
Charter and applicable state and federal law, the City is empowered
to control access to and use of its public rights-of-way, and unless preempted
by state or federal law, to obtain reasonable and fair compensation
for the use of its public rights-of-way. The purpose and intent of
this chapter is to provide a uniform and comprehensive set of standards
and regulations for use of the public right-of-way. These regulations
are intended to protect the public health, safety and welfare that
permit the installation of utilities and communication facilities
in the public right-of-way in such a manner and at such points so
as not to incommode the public use of the public's right-of-way.
(3780-10/07)
shall mean any owner or duly authorized agent of such owner,
who has submitted an application for a permit to excavate.
shall mean the City of Huntington Beach.
shall mean the Department of Public Works.
shall mean the Director of the Department of Public Works
or his or her designee, and shall include the term "Superintendent
of Streets."
shall mean any opening in the surface or subsurface of the
public right-of-way.
shall mean any and all cables, wires, cabinets, ducts, conduits,
converters, equipment, drains, handholds, manholes, pipes, pipelines,
splice boxes, surface location markers, tunnels, 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.
granted by the City of Huntington Beach 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.
is defined as that person who is responsible for the project.
shall mean an encroachment permit to perform a project as
it has been approved or may be amended or renewed by the department.
shall mean the applicant to whom a permit has been granted
by the department in accordance with this chapter.
shall mean any natural person, owner, corporation, partnership,
public utility franchise, or any governmental agency, including any
agency other than the City of Huntington Beach, department, the State
of California, or United States of America.
for purposes of this chapter shall mean any activity permitted
under this chapter, including but not limited to excavation, construction,
demolition, obstruction of right-of-way, repair and building.
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, ways and City-owned properties
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.
(3582-11/02, 3780-10/07)
A.
It
is unlawful for any person, without a City franchise and/or City encroachment
permit, or other authority from the Director, to erect any telegraph,
telephone, electric light or, transmission poles, or facilities on
or in any walk, street, alley or public place in this City, or to
stretch any wires or cables along or across said streets; or to lay
any gas, oil or water pipes, or other pipelines along or across any
streets in the City.
B.
As
of March 17, 2007, the California Supreme Court, in the case entitled
Sprint Technology PCS v. County of San Diego, will determine whether
California Public Utilities Code Section 7901 grants a state-wide
franchise to use the public rights-of-way for the purpose of installation
of wireless communication facilities. Pending resolution of this legal
question, any applicant seeking to use the public right-of-way must
enter into a City franchise to install wireless communication facilities.
The franchise shall provide that the franchise fee payments shall
be refunded to the applicant and the franchise become null and void
if and when the California Supreme Court establishes that the provider
has a statewide franchise to install a wireless communication facility
in the public right-of-way.
(3582-11/02, 3780-10/07)
Nothing contained in this chapter shall be construed to prevent
any person from taking any action necessary for the preservation of
life or property when such necessity arises during days or times when
the department is closed. In the event that any person undertakes
any project, as defined herein, in the public right-of-way made necessary
by an immediate threat to health, safety, life or property, such person
shall apply for an emergency permit within four hours after the department's
offices are first opened. The applicant for an emergency permit shall
submit a written statement of the basis of the emergency action and
describe the work performed.
(3582-11/02, 3780-10/07)
All facilities constructed within the public right-of-way shall be undergrounded except for antennae and those exempt from undergrounding pursuant to Section 17.64.050.
(3780-10/07)
It is unlawful for any person to construct, repair, use, or
obstruct any street, alley, sidewalk or public property within this
City by placing thereon or therein any utility, building, stand, counter,
fence, lunch wagon, storage container, bandstand, structure, building
material or tools, gravel, dirt, excavation or obstruction of any
kind whatsoever or performing any demolition, without a permit having
first been issued therefor as hereinafter provided.
(3582-11/02)
A.
Permits
shall be void if the project, including restoration, has not been
completed within 60 days; provided, however, that the Director, in
his or her discretion for good cause shown, may issue one 30-day extension
to the start date and one 30-day extension to the duration of a permit
upon written request from the permittee and payment of any applicable
fees. The Director may issue additional extensions as may be deemed
appropriate in his or her discretion.
B.
Permits
are not transferable without proof of current business license issued
by the City of Huntington Beach for the assignee and any subcontractors
who will be providing service under the permit and evidence of insurance
as specified by resolution of the City Council, and the written consent
of the permittee and the Director.
(3582-11/02, 3780-10/07)
A penalty shall be imposed upon any person who does not complete
work requiring road or lane closures within the established time frame.
The penalty shall be in an amount set by resolution of the City Council
and shall be based upon estimated costs to the traveling public due
to delays and additional travel distance around roadway closures.
(3582-11/02)
The Director shall not issue any permit except upon the payment
of plan check, inspection and permit fees, set by resolution of the
City Council. The State of California and the County of Orange, including
entities such as special districts organized under state law, are
fee exempt. At the discretion of the Director, and upon proven City
history of prompt payment and company fiscal integrity, the Director
may request and make arrangements for alternative methods of collecting
payment such as monthly billings.
(3582-11/02)
Before any project mentioned in this chapter may be commenced,
the person doing such work must provide the following information:
A.
Applications
for permits shall be submitted in the format and manner specified
by the Director and shall contain:
1.
The
name, address, telephone, and facsimile number of the applicant. Where
an applicant is not the owner of the facility to be installed or maintained
in the public right-of-way, the application also shall include the
name, address, telephone, and facsimile number of the owner. If the
application is submitted by an authorized agent of the applicant or
owner, written authorization from the applicant or owner of facility
shall be provided.
2.
A
description of the location, purpose or use, method of construction,
and surface and subsurface area of any proposed project.
3.
Engineering
plans, specifications and a network map of the facilities to be located
within the public right-of-way, including a map in electronic and/or
other form required by the City. The plans and specifications shall
show:
a.
The location of all existing and proposed facilities in the public
right-of-way along proposed route including the type and location
of existing and proposed pedestals and other aboveground facilities.
b.
Facility Information. Photographs or artist renderings
of all proposed facilities for the work area as well as their locations,
dimensions, and color. Any modifications to plans and specifications
must be reviewed and approved by the Director before modifications
can be implemented by applicant. In addition, applicant shall provide
the Director with engineering base maps identifying applicant's existing
underground and aerial utility facilities, poles, trench routes, and
locations for above-ground equipment in the work area in both electronic
form (digital or otherwise as specified by the Director) to the extent
available and hard-copy form.
c.
Hours of Construction. All construction shall be accomplished
and maintained between the hours specified by the Director. Construction
shall not interfere with the existing or known future services of
the City or private or public third parties.
d.
Telephone Contact. Applicant shall provide the Director
with a telephone contact number, answered 24 hours a day during the
construction period, to enable the Director to report any concerns
regarding construction of the facilities. After business hours such
calls will be routed to an on-call supervisor. In the event that the
Director reports any concerns to applicant, applicant shall respond
in a timely manner. Applicant shall immediately correct any adverse
impact to the City's use or operations or the use or operations of
a third party caused by applicant's construction activities in the
public right-of-way at no cost to the City. Safety violations will
be cause for immediate project shut-down.
e.
The specific trees, structures, improvements, facilities and obstructions,
if any, that applicant proposes to temporarily or permanently remove
or relocate.
4.
Information
regarding any excess capacity that will exist in such ducts or conduits
after installation of applicant's facilities.
5.
A
traffic control plan in accordance with such guidelines established
by the City.
6.
The
proposed start date of project.
7.
The
proposed duration of the project, which shall include the duration
of restoration of the public right-of-way physically disturbed by
the project.
8.
A
current business license issued by the City of Huntington Beach for
the applicant and any subcontractors who will be providing services
under the permit.
9.
Evidence
of insurance for the applicant and owner as specified by resolution
of the City Council.
10.
Companies may also be required by the Director to provide reasonable
advance notice to the public via a public notification plan of the
proposed quantity, precise dimensions, design, color, type, potential
noise and location of above-ground facilities pursuant to guidelines
promulgated by the Director. The plan is subject to the prior approval
of the Director. The guidelines shall take into account the area covered
and impacts of the above-ground facilities.
11.
Certifications. Upon request, applicant shall provide
copies of certifications, licenses, permits, franchises or other applicable
approvals to construct and operate the facilities and to offer or
provide the services. Applicant shall also provide a certification
that the applicant will comply with all applicable local state and
federal requirements in the installation, operation, maintenance,
or removal of its facilities.
12.
Any other information that may reasonably be required by the department.
B.
Action on Applications for Permits as Provided in This Chapter.
1.
After
receipt of an application for a permit, the department shall determine
whether an application is complete. If the application is deemed to
be incomplete, the department shall advise the applicant in writing
of the reasons for rejecting the application as incomplete.
2.
If
the application is deemed to be complete, the department, in its discretion,
shall deny, approve, or conditionally approve the application. In
order to preserve 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 work to be performed.
3.
If
the application is denied, the department shall advise the applicant
in writing of the basis for denial.
4.
If
the application is approved or conditionally approved, the department
shall issue a permit to the applicant.
5.
It
is unlawful for any permittee to make, to cause, or permit to be made,
any project in the public right-of-way outside the boundaries, times,
and description set forth in the permit.
(3582-11/02, 3780-10/07)
The determination to grant or deny a permit shall be based upon
the criteria set forth in this section. The Director shall consider
the following:
A.
The
capacity of the public right-of-way to accommodate applicant's proposed
facilities and facilities known to be needed in the future.
B.
The
capacity of the public right-of-way to accommodate known additional
facilities if the permit is granted.
C.
The
damage or disruption, if any, to the public right-of-way or any public
or private facilities, improvements, aesthetics, services, pedestrian
or vehicle travel or landscaping if the permit is granted.
D.
Visibility
or sight distance impacts to other users of the public right-of-way.
E.
The
proposed facilities impact the design and construction of public streets,
as well as intersections between City streets and roadways to ensure,
to the maximum extent feasible, that streets and intersections are
designed and constructed in a manner that will not adversely impact
the health, safety and welfare of the citizens of the City of Huntington
Beach and others.
(3780-10/07)
In the event the Director refuses for any reason to issue a
permit, the applicant may petition the Public Works Commission, in
writing, for a hearing to consider said request. Any decision of the
commission, including but not limited to decisions to grant or deny
permits, is appealable to the City Council who will consider the application
de novo.
(3582-11/02, 3780-10/07)
All work in the public right-of-way pursuant to this chapter
shall be performed in accordance with the standard plans and specifications
of the department, the design manual, and any department orders, regulations,
or rules, except where the Director grants, for good cause shown,
prior written approval to deviate from such standard plans and specifications,
the design manual, orders, regulations, or rules.
(3582-11/02, 3780-10/07)
No construction work of any kind shall be done or performed
upon any public right-of-way, in the City unless done according to
City orders, regulations, rules of standard plans and by a contractor
licensed by the State of California to perform that class of work.
(3582-11/02)
In order to preserve the ride quality, structural integrity
and appearance of newly constructed or renovated streets, permission
to excavate in newly constructed or renovated streets will not be
granted for three years after completion of street renovation as shown
by the filing of a Notice of Completion. Applicants shall determine
alternate methods of installing utilities or making necessary repairs
to avoid excavating in newly renovated streets. Exceptions to the
above are as follows:
A.
Emergency
which endangers life or property.
B.
Interruption
of essential utility service.
C.
Work
that is mandated by legislation applicable to the City or person performing
the excavation or ordered by any court or governmental entity with
jurisdiction over the City of Huntington Beach.
D.
Service
lateral for buildings or facility where the applicant has no other
means of providing service exists.
E.
Other
situations deemed by the City's Public Works Commission to be in the
best interest of the general public.
(3582-11/02, 3780-10/07)
Any person excavating in the public right-of-way shall comply
with the requirements of the underground service alert regarding notification
of excavation and marking of subsurface facilities. It shall be the
responsibility of applicant to mark its facilities with search wire
if possible and to locate and mark or otherwise visibly indicate and
alert others to the location of its underground facilities before
employees, agents, of independent contractors of any entity perform
work in the marked-off area. Applicant shall participate in and adhere
to the practices of Underground Services Alert ("USA") or its successor
notification system and provide at least 48 hours prior notice to
USA prior to any excavation.
(3582-11/02, 3780-10/07)
When the Director has determined a person has violated this
chapter, or any condition of the permit, or 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 revoke a permit by notifying the permittee
of such action in writing.
(3582-11/02)
A.
Like New Restoration. For all projects for which any permit
under this chapter has been issued, the permittee shall restore or
cause to be restored any area upon which work has been performed to
like new condition. Such restoration shall be done in the manner prescribed
by the standard plans and specifications, the design manual, orders,
regulations, and rules of the department.
B.
Modification to Requirements. Upon written request from the
permittee, the Director, in his or her discretion and for good cause
shown, may approve in writing modifications to the requirements of
this section.
(3582-11/02, 3780-10/07)
A.
In
the event any person(s) fails, neglects, or refuses to repair or restore
any condition pursuant to the Director's notice as set forth in this
chapter, the Director shall repair or restore, or cause to be repaired
or restored, such condition in such 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 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 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
for any portions of work completed by permittee.
(3582-11/02, 3780-10/07)
A.
If,
in the judgment of the Director, the site of an excavation is considered
hazardous, constitutes a public nuisance, public emergency, or other
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 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 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 reason of the emergency remediation
undertaken by the department.
(3582-11/02, 3780-10/07)
No person subject to any outstanding violation of this chapter
shall apply for nor be issued any permit hereunder.
(3582-11/02)
All facilities installed pursuant to a permit that are visible
from the surface of the public right-of-way shall be clearly identified
with the name of the current owner of the facilities. Upon demand
of the Director, within six months of change in ownership of a facility(ies),
the identification required by this section shall indicate the new
owner.
(3582-11/02)
The Director of Public Works shall prepare a two year repaving
plan showing the street surfacing planned by the City for the next
two years. The two year repaving plan will be made available to utilities
at all times to assist them.
(3582-11/02)
A.
Prior
to designing facilities and applying for an excavation permit in the
City's public rights-of-way, applicants shall review other utilities'
master plans and the City's two year repaving plan on file with the
Director. The applicant shall coordinate, to the extent practicable,
with other planned utility and street work shown on such plans to
minimize damage to, and avoid undue disruption and interference with
the public use of such public rights-of-way.
B.
To
avoid future excavations and to reduce the number of street excavations,
telecommunication companies shall be requested, when practical, to
install spare conduits.
C.
Permit Available On-Site. The permit or a photo duplicate
shall be available for review at the site of the excavation for the
duration of the excavation and shall be shown, upon request, to any
police officer or any employee of a City agency, board, commission,
or department with jurisdictional responsibility over activities in
the public right-of-way.
(3582-11/02, 3780-10/07)
The Director may issue a blanket permit to an applicant to make
excavations for utility service connections, for the location of trouble
in utility conduits or pipes and for making repairs thereto, or for
emergency purposes. Blanket permits shall be issued on a yearly basis
only, and shall authorize only excavations referred to in this section
and shall comply with all requirements of this chapter not inconsistent
with this section and all fees set by resolution of the City Council
shall be paid.
(3780-10/07)
A.
During
construction, applicant shall, at the request of the Director, submit
to the Director regular progress reports describing in detail the
status of construction in relation to the plans and specifications.
The first report shall be submitted within seven days after commencement
of construction and shall be updated every seven days thereafter,
as may be required by the permit. Work plans shall be provided in
advance to the Director for review and approval.
B.
Notification. Applicant shall provide written notification
to the Director of any construction and/or maintenance activities
undertaken in public right-of-way, whether undertaken pursuant to
permit or otherwise, within five business days of commencement of
such activities unless the activities have been previously reported
to the Director.
(3780-10/07)
A.
All
facilities of applicant shall be so located, constructed, installed
and maintained so as not to endanger, interfere with or limit the
usual and customary use and/or traffic and travel upon the public
right-of-way as well as adjacent private property pursuant to a traffic
control plan to be approved by the Director.
B.
In
the event applicant creates a hazardous or unsafe condition or an
unreasonable interference with property, such applicant shall remove
or modify that part of the facility to eliminate such condition from
the subject property.
C.
Applicant
shall not place equipment where it will interfere with existing and
known future City uses of the public right-of-way, with the rights
of private property owners as determined by the Director, with gas,
electric, cable, telephone fixtures, water, sewer and storm drain
lines and appurtenances, fire hydrants, traffic signal facilities,
street light facilities, or any wastewater stations, with any traffic
control system, or any other City facility.
D.
Applicant,
at its own expense and pursuant to a timeline approved by the Director,
shall protect the public right-of-way and support or temporarily disconnect
or relocate any of applicant's facilities when necessitated by reason
of:
1.
Traffic
conditions;
2.
Public
safety;
3.
Temporary
or permanent street closure not for the benefit of a private party;
4.
Street
construction or resurfacing;
5.
A
change or establishment of street grade; and
6.
Installation
of sewers, water and storm drain lines and appurtenances, lift stations,
street light facilities, traffic signal facilities, tracks, or any
other public use of the right-of-way.
(3780-10/07)
A.
Applicability. Each excavation in the public right-of-way
pursuant to this chapter shall be performed in accordance with this
chapter and with the standard plans and specifications of the department
and any department orders, regulations or rules, except where the
Director, at his or her discretion, grants prior written approval
to deviate from the standard plans and specifications, orders, or
regulations. The Director shall develop guidelines to implement the
granting of waivers authorized pursuant to this chapter.
B.
Notices. The Director may require reasonable notice from applicant
if applicant excavates or causes an excavation in the public right-of-way
in a manner that, due to duration or location of the excavation, has
the potential to disrupt traffic flow or adjacent properties. All
notices are subject to the prior review of the Director and shall
include:
1.
Post and Maintain Notice at the Site of the Excavation. The
notice shall include the name, telephone number, and address of applicant,
a description of the excavation to be performed and the duration of
the excavation. The notice shall be posted along any street where
the excavation is to take place at least 72 hours prior to commencement
of the excavation.
2.
At least 10 calendar days prior to commencement of the excavation, applicant shall provide written notice delivered by United States mail to each property owner on the street affected by the excavation and each affected neighborhood and merchant organization that is listed in the latest Assessor's roll for names and addresses of property owners shall be used for the mailed notice. This notice shall include the same information that is required for the posted notice pursuant to this subsection (B)(1) and the name, address, and 24-hour telephone number of a person who will be available to provide information to and receive complaints from any member of the public concerning the excavation.
3.
At least 10 calendar days prior to commencement of the excavation, applicant shall also deliver a written notice to each dwelling unit on the block(s) affected by the excavation. This written notice shall include the same information that is required for the written notice pursuant to subsection (B)(2) of this section.
C.
Notice for Emergency Excavation. For emergency excavation,
applicant shall post and maintain notice at the site of the excavation
during the construction period. The notice shall include the name,
telephone number, and address of applicant, a description of the excavation
to be performed, and the duration of the excavation. The notice shall
be posted along any street where the excavation is to take place.
D.
Marking of Subsurface Facilities. If applicant excavates in
the public right-of-way, it shall comply with the requirements of
the underground service location regarding notification of excavation
and marking of subsurface facilities. Applicant shall provide underground
service location with the assigned number of the permit to excavate
or other information as may be necessary to properly identify the
proposed excavation.
(3780-10/07)
