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)
