A.
It
is deemed unlawful for any person to make, suffer or to cause to be
made any excavation in any public right-of-way or make any improvements
on, under, over or across any street, alley or public place within,
and under the jurisdiction and control of the city of Upland, without
first obtaining from the city a permit authorizing such work. No permit
to excavate will be issued if the applicant does not have or has not
demonstrated legal right or authority to occupy and use the public
right-of-way for the purposes identified in the application.
B.
Unless
the street is identified in the city's then adopted capital improvement
program (CIP), excavations in any street, regardless of the street's
age or condition, shall be subject to the following provisions:
1.
The
party responsible for making, suffering or causing the excavation
to be made shall restore or cause to be restored such excavation in
the manner specified herein:
a.
For lateral cuts in the street:
i.
Final resurfacing shall include the grinding of existing, surrounding
pavement and repaving at a minimum depth of 0.15 feet. The applicant
shall grind five feet on either side of the trench line for residential
streets for the trench length, and 10 feet on either side of the trench
for nonresidential streets for the trench length.
ii.
Slurry seal shall be applied 30 feet on either side of the trench
line for a length equivalent to the full width of residential streets,
and for a length equivalent to the half width of nonresidential streets.
iii.
If the distance between any two trenches, including the finished
resurfacing area(s) as required herein and approved under permit,
is less than 10 feet, the final resurfacing shall be extended to encompass
the area between the trenches.
b.
For longitudinal cuts in the street:
i.
Final resurfacing shall include the grinding of existing, surrounding
pavement and repaving at a minimum depth of 0.15 feet. The applicant
shall grind two feet on either side of the trench line for residential
streets, and the width of the affected travel lane(s) for nonresidential
streets. If the remainder pavement between the edge of cut and gutter
lip is 48 inches or less, said pavement shall be included in the final
resurfacing.
ii.
Slurry seal shall be applied for the full width of residential streets
and half width of nonresidential streets.
iii.
In all cases, the resurfacing shall be for the full length of
the trench, but not less than 100 feet.
c.
For trenches other than those that are longitudinal or lateral, the
city engineer shall establish the appropriate limits of paving in
his or her sole reasonable discretion.
(Ord. 1841 § 1, 2009)
A.
No
permit shall be issued which would permit an excavation, or pavement
cut, in newly paved streets unless the applicant can demonstrate clearly
to the city engineer that the public health and safety require the
contemplated work be permitted, and that there are no reasonable alternatives
to cutting and/or excavating. This prohibition shall not apply to
public agencies or public utilities when repairs are required to repair
or replace failed pipelines and conduits, or when a new connection,
which could not have been anticipated, must be made to satisfy a current
need of that agency or utility.
B.
Newly
paved streets are defined as those constructed, recently reconstructed,
or repaved, with the improvements having been completed and accepted
by the city not less than 60 months prior to the date of the request
for cutting or excavation.
C.
If
an installation or repair is demonstrated to be critically needed
and no other alternatives exist, the city engineer may approve an
open cut or excavation within newly paved streets, subject to the
following provisions:
1.
The
party responsible for making, suffering or causing the cut or excavation
shall restore or cause to be restored such cut or excavation in the
manner specified herein:
a.
For lateral cuts in the street:
i.
Final resurfacing shall include the grinding of existing, surrounding
pavement and repaving at a minimum depth of 0.15 feet. The applicant
shall grind 10 feet on either side of the trench line for the full
width of residential streets, and 20 feet on either side of the trench
for the full width of nonresidential streets.
ii.
Slurry seal shall be applied 50 feet on either side of the trench
line, and for a length equivalent to the width of the street.
iii.
If the distance between any two trenches, including the finished
resurfacing area(s) as required herein and approved under permit,
is less than 10 feet, the final resurfacing shall be extended to encompass
the area between the trenches.
b.
For longitudinal cuts in the street:
i.
Final resurfacing shall include the grinding of existing, surrounding
pavement and repaving at a minimum depth of 0.15 feet. The applicant
shall grind the entire width of residential streets, and the half-street
width between the curb and centerline (or raised median) for nonresidential
streets.
ii.
If there is no raised median, slurry seal shall be applied for the
full width of nonresidential streets.
iii.
In all cases, the resurfacing shall be for the full length of
the trench, but not less than 1,000 feet.
c.
For trenches other than those that are longitudinal or lateral, the
city engineer shall establish the appropriate limits of paving in
his or her sole reasonable discretion.
(Ord. 1841 § 2, 2009)
Any person desiring a permit under this chapter shall present
a written application therefor to the city engineer, setting forth
the name and address of the applicant, details concerning the location,
nature and extent of construction intended to be made, and the purpose
for which the construction is to be made and used.
(Prior code § 7210.2)
Each such applicant shall pay to the city fees for processing
the permit and for city inspection services in connection with the
permitted construction. The fees for these services shall be set from
time to time by resolution of the city council of Upland.
(Prior code § 7210.3)
A.
No
person performing work under this chapter shall fail, neglect or refuse
to remove all unused materials and debris within three days after
completion of the work.
B.
The
materials used in the construction work may be stored on adjacent
public property during the course of construction, provided that the
same are so placed and safeguarded by lights, warning signs and barricades,
as not to constitute a hazard to public peace and safety.
C.
No
driveway approach shall cross over a lot line extended, without the
consent of the city engineer.
D.
Raw
materials and workmanship for work provided under this chapter shall
conform to applicable provisions of standard specifications on file
in the office of the city engineer.
E.
Any
person doing work under this chapter shall cause all such work to
be inspected by the city engineer's office, and shall notify any department
24 hours before the time set for inspection. Work completed without
such notice or request for inspection will not be accepted, and work
done during the absence of the inspector may not be accepted by the
city. All work to be performed under this chapter shall be to the
satisfaction of the city and in accordance with laws of the city and
state of California, and under the supervision of the city engineer.
(Prior code § 7210.4)
Nothing in this chapter shall be construed to include the issuance of permits, or inspections included under the provisions of the plumbing code of the city, Chapter 15.24 of this code, or any amendments thereto.
(Prior code § 7210.5)
A.
Purpose.
Whenever construction, reconstruction, and/or maintenance of facilities
within any street, alley, or other public right-of-way necessitates
the temporary full or partial closure of the right-of-way, to either
vehicular or pedestrian traffic, the person(s) responsible for the
temporary closure shall obtain a street closure permit from the city
engineer in advance of the work being done. Except as otherwise provided
hereinafter, work shall not be undertaken within a public right-of-way
without a valid street closure permit. The type of construction, reconstruction,
and/or maintenance may include but is not limited to the following:
B.
Applications
for such permits shall specify the following information:
1.
Dates
and hours for which the closure is requested;
2.
The
maximum length of time the closure will be required;
3.
Special
signage, striping, barricades, arrow boards, flaggers, delineators,
lights, and other methods and materials proposed to be used to handle
traffic safely and efficiently. Generally, closures shall be in accordance
with the Work Areas Traffic Control Handbook;
4.
Detour
plan, if proposed;
5.
Requests
for closure permits which are incomplete or which do not adequately
address traffic problems may be rejected.
C.
Street
Closures Defined. Temporary street closure permits shall be issued
as either a full closure or a partial closure.
1.
A
"full closure" is defined as a closure in which access is denied to
all traffic or all through traffic. While local access may be permitted
for residents and businesses, if the road is closed to through traffic
the closure is considered full.
2.
Any
other type of activity that affects normal use, either vehicular or
pedestrian, is considered a partial closure regardless of whether
or not traffic or parking lanes are actually closed. The city engineer,
or appointed representative, will determine the type of permit to
be issued.
D.
Exception
for Emergency Work.
1.
The requirement for the issuance of a street closure permit shall be waived if immediate action is necessary to correct a hazardous condition which could cause injury or death. For the purpose of this section an emergency is further defined as a loss of existing public utility service to a property, business or customer. A request for new service shall not be considered an emergency. (Refer also to subsection F of this section regarding notification.)
2.
The
permit waiver for emergency work does not grant exemption from traffic
control requirements.
3.
First
and foremost, public safety must be maintained. In the absence of
a city-approved traffic control plan the requirements of the "Work
Area Traffic Control Handbook (WATCH)" shall be implemented.
E.
Other
Exceptions.
1.
The
requirement for the issuance of a street closure permit shall be waived
for routine inspection work subject to the following conditions:
a.
Work as used in this context is of short duration (less than two hours) and involves inspecting existing facilities. (If inspection reveals a problem which requires immediate attention, refer to subsection D of this section for action);
b.
Work is to be done on a residential street; or
c.
Work is to be done on a collector street but confined to parking
lanes or parkway areas; or
d.
Work involves washing down high voltage insulators.
2.
Other
types of routine maintenance may have the permit requirement waived
at the discretion of the city engineer. Waiver requests shall be submitted
to the city engineer. Street classifications may be obtained from
the engineering department.
F.
Permit
Application Process.
1.
Any
person(s) desiring a temporary street closure permit shall make an
application to the city engineer. The application may also be faxed
to the engineering department.
2.
An
application for a partial street closure permit shall be made at least
three full working days in advance of the anticipated closure time.
The completed permit shall be picked up by the applicant no later
than one full working day in advance of the anticipated closure time.
3.
An
application for a full street closure shall be made at least seven
full working days in advance of the anticipated closure. The completed
permit shall be picked up by the applicant no later than three full
working days in advance of the anticipated closure time.
4.
The
permit issued under the terms stated above is valid only for the times
and days specified in the permit. In the event that all work is not
completed within the time specified in the permit, the applicant shall
apply for either an extension of that permit or a new permit. The
city engineer shall determine which procedure shall be followed. A
new permit shall be issued under the conditions set forth in the two
preceding paragraphs. Extension of a partial street closure permit
shall be done no later than one full working day in advance of the
first day the extension is to be in effect. Extension of a full street
closure permit shall be done no later than two full working days in
advance of the first day the renewal is to be in effect.
5.
Emergency work as defined in subsection D of this section will not require a permit in advance. Concurrent with the emergency work the person(s) responsible for such work shall notify the city engineer of the nature of the emergency, the street(s) affected, the type of closure, and the anticipated duration of the closure. Notification via fax is acceptable.
G.
Fees.
1.
Each
applicant for a temporary street closure permit(s) shall be subject
to a fee for processing and any other work necessary to the issuance
of the permit(s). The fee shall be set from time to time by resolution
of the city council of the city.
2.
Utility
companies which pay a franchise fee to the city shall be exempt from
the permit fee. Work done by contractor for those utility companies
shall also be exempt from the permit fee.
(Prior code § 7211.0)
