This ordinance shall be known as the "Street Trench Fee" ordinance.
(SCC 1145 § 2, 1999)
For purposes of this chapter, the following definitions apply:
shall mean any owner who has submitted an application for a permit to excavate.
shall mean the County of Sacramento.
shall mean any public highway, road, street, avenue, alley, lane, drive, way, place, court or trail, which has been accepted, or is hereafter accepted, by the County Board of Supervisors into the County road system pursuant to Section 941 of the California Streets and Highways Code.
shall mean the Department of County Engineering of the Public Works Agency.
shall mean the Director of County Engineering of the Public Works Agency or his or her designee.
shall mean any opening in the paved surface or subsurface of the public right-of-way.
shall mean any and all cables, cabinets, ducts, conduits, converters, equipment, drains, handholds, manholes, pipes, pipelines, splice boxes, surface location markers, tunnels, utilities, vaults, wells, and other appurtenances or tangible things that are located or are proposed to be located in the public right-of-way.
shall mean any person, including any agency, department, or subdivision of the County, who owns any facility or facilities that are or are proposed to be installed or maintained in the public right-of-way.
shall mean a permit to perform an excavation as it has been approved or may be amended or renewed by the Department.
shall mean any natural person, corporation, partnership, or any governmental agency, department, or subdivision of the County, at the State of California, or United States of America.
shall mean the paved area across, along, beneath, in, on, over, under, upon, and within the County streets, as they now exist or hereafter will exist and which are or will be under the permitting jurisdiction of the Department of County Engineering.
shall mean any repaving, overlay, seal or reconstruction which constructs a new pavement surface of greater than one inch thickness over the entire width of the street, excluding crack seals, not including micropaving, Class 1 to 3 slurry seals, cape seals, and chip seals.
shall mean an area three feet adjacent to the trench where the excavation occurs for trenches with four feet or greater of cover over the utility facility from the paved surface, and one and one-half feet adjacent to the trench where the excavation occurs for trenches with less than four feet of cover over the utility facility from the paved surface.
(SCC 1145 § 2, 1999)
At the time any permit is issued, improvement plan approved, or work performed that causes an excavation of a paved County street, the applicant shall pay a trench restoration fee, in addition to the fee required by the encroachment permit or other administrative fees. The fee shall be in the amount set forth on the Trench Cut Fee Schedules set forth below, or such other amount as may be established by resolution of the Board of Supervisors. A trench restoration fee shall not be required for the following excavations:
a.
In a County street that the County has scheduled for resurfacing either during the fiscal year (July 1—June 30) when the excavation permit is issued or during the immediately following fiscal year;
b.
In a County street where the pavement condition index (PCI), as defined by the County's Pavement Management System, is less than 25 on the date the excavation permit is issued;
c.
For work performed by and for the County Transportation Division;
d.
For potholing to verify utility depth or location;
e.
Where work will include resurfacing of all or a significant portion of the County street where the excavation is made provided that the Director approves the resurfacing;
f.
Made for a utility relocation required by the County to accommodate a proper governmental use of a County street;
g.
For owners possessing a valid pavement life performance warranty agreement with the County as set forth in Section 12.09.080;
h.
Trenchless excavations greater than three feet in depth of cover over the utility facility not requiring a significant surface incision greater than industry bore pit standards may be excluded at the discretion of the Director.
TRENCH CUT FEE SCHEDULE FOR TRENCHES LESS THAN 4 FEET DEEP | |||||
|---|---|---|---|---|---|
Major Streets1 or all streets within 5 years of construction or structural overlay | PCI between2 | 100 | and | 70 | $3.90 per S.F. longitudinal |
Major | PCI between | 69 | and | 26 | $7.80 per S.F. transverse |
$2.20 per S.F. longitudinal | |||||
Major | PCI between | 25 | and | 0 | $4.40 per S.F. transverse |
NO FEE | |||||
Other | PCI between | 100 | and | 70 | |
$2.41 per S.F. longitudinal | |||||
Other | PCI between | 69 | and | 26 | $4.82 per S.F. transverse |
$1.18 per S.F. longitudinal | |||||
Other | PCI between | 25 | and | 0 | $2.36 per S.F. transverse |
NO FEE | |||||
1 | Major = thoroughfare and arterial roads as defined by the County Improvement Standards |
2 | PCI = Pavement Condition Index |
Fees do not apply to area outside of the vertical projection of the trench in a "T" cut restoration | |
Longitudinal = Trench mostly parallel to the centerline of the ramp | |
Transverse = Trench mostly perpendicular to the centerline of the road |
TRENCH CUT FEE SCHEDULE FOR TRENCHES 4 FEET DEEP OR GREATER | |||||
|---|---|---|---|---|---|
Major Streets1 and streets within 5 years of construction or structural overlay | PCI between2 | 100 | and | 70 | $ 5.91 per S.F. longitudinal |
Major | PCI between | 69 | and | 26 | $ 11.82 per S.F. transverse |
$ 3.34 per S.F. longitudinal | |||||
Major | PCI between | 25 | and | 0 | $6.68 per S.F. transverse |
NO FEE | |||||
Other | PCI between | 100 | and | 70 | $3.66 per S.F. longitudinal |
$7.32 per S.F. transverse | |||||
Other | PCI between | 69 | and | 26 | $1.80 per S.F. longitudinal |
$3.60 per S.F. transverse | |||||
Other | PCI between | 25 | and | 0 | NO FEE |
1 | Major = thoroughfare and arterial roads as defined by the County Improvement Standards |
2 | PCI = Pavement Condition Index |
Fees do not apply to area outside of the vertical projection of the trench in a "T" cut restoration | |
Longitudinal = Trench mostly parallel to the centerline of the ramp | |
Transverse = Trench mostly perpendicular to the centerline of the road |
(SCC 1145 § 2, 1999)
All monies paid to the County pursuant to Section 12.09.030 shall be deposited in a special fund or funds and shall be expended only for the resurfacing, maintenance, administration, and protection of County streets where excavation has occurred after the effective date of adoption of this Ordinance.
(SCC 1145 § 2, 1999)
No fee or requirement authorized or imposed pursuant to this chapter shall be construed to affect or alter in any way any obligation of public and private utilities with facilities installed in any County street to relocate the facilities at no cost to the County, in the event that relocation is required by the County to accommodate a proper governmental use of the County street.
(SCC 1145 § 2, 1999)
No person who has violated any provision of this chapter shall be issued an excavation permit, nor shall any contractor or agent apply for or be issued an excavation permit on such person's behalf, until the outstanding violation is corrected or a plan for correction is approved by the Director. The foregoing requirement is in addition to any penalty or remedy for violation that may be imposed or sought by the County at law or equity.
(SCC 1145 § 2, 1999)
The County shall perform periodic pavement condition surveys of all County streets and determine the pavement condition index (PCI) rating for each street. A PCI rating shall be assigned to discrete blocks of a street and the fees calculated for each block. The PCI report shall be published on an annual basis and made available for public review at the permit counter.
(SCC 1145 § 2, 1999)
In lieu of paying a trench restoration fee pursuant to Section 12.09.030, an owner who has a valid franchise agreement with the County or is statutorily exempt from franchise requirements shall provide a written pavement life performance warranty in a form acceptable to County. The warranty shall provide that in the event that subsurface material or pavement over or within the trench influence area becomes depressed, broken, or otherwise fails at any time after the excavation has been completed until such time as the street surface is completely resurfaced with a structural overlay, the owner who performed the trench cut shall repair or restore such condition pursuant to the procedure set forth in Section 12.09.090. In the event that an owner who has a valid franchise agreement with the County or is statutorily exempt from franchise requirement fails or refuses to provide a written pavement life performance warranty, such owner shall pay the trench restoration fee set forth in Section 12.09.030.
(SCC 1145 § 2, 1999)
If the subsurface material or pavement over or within the trench influence area becomes depressed or broken at any time within one year after (1) the excavation has been completed and accepted and before resurfacing of the County street, where the owner has paid a trench restoration fee pursuant to Section 12.09.030, or (2) at any time prior to such time as the street surface is completely resurfaced with a structural overlay, where the owner has provided a pavement life performance warranty pursuant to Section 12.09.080, the owner shall, upon written notice from the Director, immediately inspect the depressed or broken area to ascertain the cause of the failure. The owner shall make repairs to the installation or backfill and have the pavement restored in the manner and within the time period specified by the Director. Additional inspection permit fees may be imposed as appropriate. A trench restoration fee shall not be charged for work performed under this section. If the pavement is not restored as specified by the Director, unless delayed by conditions beyond the owner's control, the Director may cause the work to be done after giving the owner 24 hours final notice. The cost thereof, including any inspection costs and administrative overhead incurred by the County, shall be assessed against the owner. The owner shall remain responsible for any future repairs of that portion of pavement over the excavation that was repaired by the County for a period of one year, where the owner has paid a trench restoration fee pursuant to Section 12.09.030, or at any time prior to such time as the street surface is completely resurfaced with a structural overlay, where the owner has provided a pavement life performance warranty pursuant to Section 12.09.080.
(SCC 1145 § 2, 1999)
Publicly bid County plans, field changes that alter the square footage of the trench surface area and blanket permits issued by the Director to any owner 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 shall be subject to all fees and requirements of this chapter. The owner shall report the amount of excavation to the permit counter and pay the required fees. Failure to report the excavation and pay the required fees shall be considered a permit violation pursuant to Section 12.09.060.
(SCC 1145 § 2, 1999)
Any owner installing facilities providing water, sewer, stormwater drainage, gas, electric, communication, video or other utility services in County streets shall participate in the American Public Works Association ("APWA") Utility Committee and prepare a utility master plan, in a format specified by the APWA Utility Committee, that shows all of the owner's planned major utility work in County streets for the coming year. Prior to applying for an excavation permit, any owner planning to excavate in County streets shall coordinate, to the extent practicable, with other owners to minimize damage to, and avoid undue disruption and interference with, the public use of County streets.
(SCC 1145 § 2, 1999)
Excavation in newly renovated County streets is prohibited for three years after filing of a notice of completion or acceptance of a new street or structural overlay of an entire street except as follows:
a.
Emergency which endangers life or property.
b.
Repair or modification to prevent interruption of essential utility service.
c.
Relocation work that is mandated by County, State or Federal legislation.
d.
Service for buildings where no other reasonable means of providing service exists, as determined by the Director.
e.
In a County street that the County has scheduled for resurfacing either during the fiscal year (July 1—June 30) when the excavation permit is issued or during the immediately following fiscal year and the work takes place prior to the resurfacing.
f.
For potholing to verify utility depth or location.
g.
Trenchless excavations greater than three feet in depth of cover over the utility facility not requiring a significant surface incision greater than industry bore pit standards may be allowed at the discretion of the Director.
h.
Other situations deemed by the Director to be in the best interest of the general public.
(SCC 1145 § 2, 1999)
Where a permit is issued to excavate during the five year period after filing of a notice of completion or acceptance of a new street or structural overlay of an entire street, payment of the trench restoration fee described in Section 12.090.030 will be required regardless of whether the owner has executed a pavement life performance warranty.
(SCC 1145 § 2, 1999)
Whenever applicants propose major work in the same block, the Department shall condition permits for such work in a manner that maximizes coordination and minimizes the total period of construction. Such work may be conditioned to require the applicants to participate in a single excavation and pay their pro rata share of the work. Applicants may seek a waiver of the joint excavation requirements with respect to a particular excavation. Within 30 calendar days of receipt of a written request for a waiver, the Director shall render a decision upon such a request, taking into account the impact of the proposed excavation on the neighborhood, the applicant's need to provide services to a property or area, facilitating the deployment of new technology as directed pursuant to official County policy, and the public health, safety, welfare, and convenience.
(SCC 1145 § 2, 1999)
Pavement life warranty agreements are not transferable or assignable.
(SCC 1145 § 2, 1999)
A person directly and adversely affected by a decision made by the Director pursuant to the provisions of this chapter may appeal the Director's decision by filing a written notice of appeal with the Public Works Agency Administrator no later than 10 working days after receiving notice of the Director's decision. The notice of appeal shall set forth the name, mailing address, and telephone number of the person appealing. The notice of appeal shall include or attach a statement describing the action being appealed, setting forth the grounds for the appeal, and describing the action requested of the Agency Administrator. The scope of the appeal shall be limited to the grounds specified in the notice of appeal. No later than 30 days after the filing of a timely notice of appeal, the Agency Administrator shall render a decision on the appeal. The Agency Administrator's decision may affirm, reverse or modify the decision appealed. A copy of the Agency Administrator's decision shall be provided to the person appealing at the address shown on the notice of appeal. Said person may appeal the Agency Administrator's decision to the County Board of Supervisors by filing a written notice of appeal no later than 10 working days after the Agency Administrator's decision is received by the person.
(SCC 1145 § 2, 1999)
Should any part of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions of this ordinance shall remain in full force and effect.
(SCC 1145 § 2, 1999)