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HomeMy WebLinkAbout532 • • ORDINANCE NO. 532 ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AMENDING TITLE 7, CHAPTER 2, OF THE LOS ALTOS HILLS MUNICIPAL CODE, REGARDING ENCROACHMENT PERMITS WHEREAS, the Town of Los Altos Hills wishes to amend the Municipal Code with regard to permits for encroachments on Town utility easements, use of required deposits for repair or maintenance of permitted work, and minor text amendments. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ORDAIN as follows: SECTION I. AMENDMENTS Title 7, Chapter 2 ("Street excavation law of the Town") of the Los Altos Hills Municipal Code shall be amended as indicated: 7-2.01 Title. This chapter shall be known and may be cited as the "Street and Public Easement Encroachment Law of the Town." (§ 1:10, Ord. 52) 7-2.02 Definitions. For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: Applicant means any person making a written application to the City Clerk for an encroachment permit . Excavation work means the excavation and other work permitted under an encroachment permit and required to be performed pursuant to the provisions of this chapter. Permittee means the person who has been granted and has in full force and effect an encroachment permit . i Person means any person, firm,partnership, association, corporation, company, or organization of any kind. Street means any street, highway, sidewalk, alley, avenue, or other public way in the Town, or any public utility easements or pathway easements granted to the Town. (§ 2:10, Ord. 52) Ordinance No.532 Page 1 • 7-2.05 Permits—Applications—Cash deposits. (a) Special Deposits. The application for an encroachment permit shall be accompanied by a cash deposit, made to the City Clerk for deposit with the City Treasurer,the amount of which shall be set by resolution. (b) General Deposits. Any person intending to make openings, cuts, or excavations in streets may make and maintain with the City Treasurer a general deposit,the amount of which shall be set by resolution. Each person making a general deposit shall not be required to make the special deposit set forth in subsection(a) of this section but shall be required to comply with all the other applicable provisions of this chapter. (c) Purposes. Any special or general deposit made pursuant to the provisions of this section shall serve as security for the repair and performance of work necessary to bring the affected area to the Town specifications if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and the excavation work pursuant to the encroachment permit . (d) Refunds. Upon the completion of the work covered by such permit in conformity with the provisions of this chapter as determined by the City Engineer, two-thirds of such cash deposit, except in the case of an annual deposit, shall be promptly refunded by the Town to the permittee, and the balance shall be refunded by the Town to the permittee upon the expiration of a twenty-four (24)month period after restoring the site to its original condition. As to any annual deposit, two-thirds of such deposit shall be refunded by the Town at the end of the one (1)-year period for which the deposit is made or upon the satisfactory completion of all excavation work undertaken during such period,whichever is later, and the balance of the annual deposit shall be refunded upon the expiration of a twenty-four(24) month period after restoring the site to its original condition. (e) Expenditures. The Town may without notice use any or all of any such deposit to pay the costs of any work the Town performs to restore or maintain the street in the event the permittee fails to perform such work, in which event the amount refunded to the permittee shall be reduced by the amount thus expended by the Town. (§ 8:10, Ord. 52; § 13, Ord. 328, eff. October 6, 1989) (f) Exemption. No deposit shall be required of any public agency or public utility which is authorized by law to establish or maintain works or facilities in, under, or over any public highway (as provided in Section 1468 of the California Streets and Highways Code). Nor shall the application of any such entity be denied, unless such applicant has failed to comply with the provisions of this chapter under a previous permit. Ordinance No.532 Page 2 • • 7-2.07 Permits—Issuance—Placards. The City Clerk shall provide each permittee at the time an encroachment permit is issued a suitable placard plainly written or printed in English letters at least one inch high with the following notice: "Town of Los Altos Hills Permit No. ................ Expires.................". In the first blank space there shall be inserted the number of the permit, and after the word"expires"there shall be stated the date when the permit expires. It shall be the duty of the permittee to have the permit available for inspection at the site of the excavation work at all times while the work is in progress. It is unlawful for any person to exhibit such placard at or about any excavation not covered by such permit or to misrepresent the number of the permit or the date of expiration of the permit. (§ 6:10. Ord. 52) 7-2.08 Permits—Issuance—Bonds. Before an encroachment permit shall be issued,the applicant shall deposit with the City Clerk a surety bond in an amount to be determined by the City Clerk, payable to the Town. The required surety bond shall 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 (d) Conditioned upon the permittee's compliance with the provisions of this chapter and to secure and hold the Town and its officers, employees, agents, and contractors harmless against any and all claims,judgments, or other cost, arising from the excavation and other work covered by the encroachment permit or for which the Town,the Council, or any Town officer may be made liable by reason of any accident or injury to persons or property through the fault of the permittee, either in not properly guarding the excavation or for any other injury resulting from the negligence of the permittee, and further conditioned upon the permittee to fill up, restore, and place in good and safe condition to Town specifications, and to the satisfaction of the City Engineer, all openings and excavations made in streets and to maintain any street where an excavation is made in good condition for the period of twenty-four(24)months after such work shall have been done, usual wear and tear excepted. Any settlement of the surface within such two (2) year period shall be deemed conclusive evidence of defective backfilling by the permittee. The provisions of this section shall not be construed to require the permittee to maintain any repairs to pavement made by the Town if such repairs should prove defective. Ordinance No.532 Page 3 Any owner of real estate repairing or engaging another to repair his or her own sidewalk shall not be required to give such bond. Recovery on such bond for any injury or accident shall not exhaust the bond, but the bond shall in its entirety cover any or all future accidents or injuries during the excavation work for which it is given. In the event of any suit or claim against the Town by reason of the negligence or default of the permittee, and upon written notice given by the Town to the permittee of such suit or claim, any final judgment against the Town requiring it to pay for such damage shall be conclusive upon the permittee and his or her surety. An annual bond may be given which shall remain in force for one (1) year and which shall be conditioned as set forth in this section, in an amount determined by the City Clerk, and in other respects as set forth in this section but applicable as to all excavation work in streets by the principal in such bond during the term of one (1) year from the date given. (§ 7:10, Ord. 52) 7-2.09 Permits—Issuance—Insurance. A permittee,prior to the commencement of the excavation work, shall furnish the City Clerk 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 encroachment permit public liability insurance in an amount not less than one hundred thousand dollars ($100,000.00) for any one accident and property damage insurance in an amount not less than fifty thousand dollars ($50,000.00). Such insurance shall be duly issued by an insurance company authorized to do business in the State. The City Engineer may increase, decrease, or waive the insurance limits above in those cases where the City Engineer determines that special circumstances justify such waiver. (§ 39:10, Ord. 52) 7-2.11 Traffic—Street encroachments—Vehicular and pedestrian safety. The permittee shall so conduct his or her activities to confine earth from trenches or other excavations in order to encroach upon streets as little as possible. The permittee shall construct and maintain adequate and safe crossings over excavations and across streets being improved to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings of adequate size to safely accommodate vehicular traffic shall be constructed and maintained. Any excavation made in any sidewalk or under a sidewalk shall be provided with a substantial and adequate footbridge over the excavation on the line of the sidewalk. Such bridge shall be at least three (3) feet wide and shall be securely railed on each side so that footassen ers can walk over the bridge safely at all times. (§ 11:10 and p g 14:10, Ord. 52) Ordinance No.532 Page 4 7-2.25 Repaving. (a) All Pavement. The permittee shall restore all pavement over excavated areas with like material and to the same condition as the pavement existed before construction; provided, however, in no case shall the restored pavement be less than twelve (12) inches of approved base material compacted to ninety-five (95)percent of the maximum as determined by tests conforming to the provisions of AASHO T99. (b) Asphalt. If repaving with an asphaltic type surfacing is necessary, it shall be no less than the following: (1) One prime coat of SC-1 penetrating oil applied at the rate of twenty-five hundredths (0.25) gallons per square yard to the base rock and allowed to penetrate for at least twenty-four(24)hours; (2) A two and one-half(2.5) inch layer of hot plant mix asphaltic concrete,rolled and finished to proper elevation. Plant mix shall be Type B as described in the State Highway Standard Specifications, dated August, 1954; and (3) A fog seal coat applied at the rate of five hundredths (0.05) gallons per square yard. (c) Concrete. If repaving is to be concrete, all concrete work shall be Class B as described in the State Highway Specifications, dated August, 1954, unless Class A concrete is required by the City Engineer. (§ 26:10, Ord. 52) 7-2.26 Temporary surfacing. The permittee may be required to place a temporary surface over openings made in paved traffic lanes. Except when the pavement is to be replaced before the opening of the cut to traffic,the fill above the bottom of the paving slab shall be made with suitable material well tamped into place, and such fill shall be topped with a minimum of at least one (1) inch of bituminous mixture which is suitable to maintain the opening in good condition until the permanent restoration can be made. The crown of the temporary restoration shall not exceed one (1) inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restorations and shall maintain, such restorations in safe traveling condition until such time as permanent restorations are made. The asphalt which is used shall be in, accordance with the specifications of the City Engineer. If, in the judgment of the City Engineer, it is not expedient to replace the pavement over any cut or excavation made in the street upon the completion of the work allowed under the encroachment permit by reason of the looseness of the earth or weather conditions,the City Engineer may direct the permittee to lay a temporary pavement of wood, or other suitable material designated by the City Engineer, over Ordinance No.532 Page 5 such cut or excavation to remain until such time as the repair of the original pavement may be properly made. (§ 27:10. Ord. 52) 7-2.29 Cleanup work. As the excavation work progresses.,all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock, and other debris resulting from such work. All cleanup operations at the location of the excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the City Engineer. From time to time as may be ordered by the City Engineer, and in any event immediately after the completion of the work, the permittee shall, at his or her own expense, clean up and remove all refuse and unused materials of any kind resulting from the work. Upon failure to do so within twenty- four(24)hours after having been notified to do so by the City Engineer, such work may be done by the City Engineer and the cost thereof charged to the permittee, and the permittee shall be liable for the cost thereof under the surety bond provided as set forth in Section 7-2.08 of this chapter. (§ 20:10. Ord. 52) 7-2.32 Forthcoming improvements by Town—Installation or repair of utility facilities. (a) Notices. Whenever the Council enacts any ordinance or resolution providing for the paving or repaving of any street,the City Clerk shall promptly mail a written notice thereof to each person owning any sewer, main, conduit, or other utility in or under such street or any real property, whether improved or unimproved, abutting such street. The City Clerk shall also promptly mail copies of such notices to the occupants of all houses, buildings, and other structures abutting such street for the information of such occupants and to State agencies and Town departments or other persons who may desire to perform excavation work in such street. (b) Notices—Contents. Such notice shall notify such persons that no encroachment permit shall be issued for openings, cuts, or excavations in such street for a period of five (5) years after the date of the enactment of such ordinance or resolution. Such notice shall also notify such persons that applications for encroachment permits for work to be done prior to such paving or repaving shall be submitted promptly in order that the work covered by the excavation permit may be completed not later than forty-five (45) days from the date of the enactment of such ordinance or resolution. (c) Performance of Installation or Repair Work. Within said forty-five (45) day period every public utility company receiving such notice shall perform such excavation work, subject to the provisions of this chapter, as may be necessary to install or repair sewers, mains, conduits, or other utility installations. Ordinance No.532 Page 6 (d) Failure to Perform Installation or Repair Work. In the event any owner of real property abutting such street shall fail within said forty-five (45) day period to perform such excavation work as may be required to install or repair utility service lines or service connections to the property lines, any and all rights of such owner or his or her successors in interest to make openings, cuts, or excavations in such street shall be forfeited for a period of five (5) years from the date of the enactment of such ordinance or resolution. During said five (5) year period, no encroachment permit shall be issued to open, cut, or excavate in such street unless, with the approval of the City Engineer,the applicant for a permit can show the necessity for the encroachment permit to be issued. (e) Responsibility of Town Officers and Employees. Every Town department or official charged with the responsibility for any work that may necessitate any opening, cut, or excavation in such street is hereby directed to take appropriate measures to perform such excavation work within said forty-five (45) day period so as to avoid the necessity for making any openings, cuts, or excavations in the new pavement in such Town street during said five (5) year period. (§ 34:10, Ord. 52) 7-2.34 Guarantee of work. (a) 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, for a period of two (2) years after restoring the site to its original condition, ordinary wear, tear, and causes beyond the control of the permittee excepted. (§ 28:10, Ord. 52) (b) In the event that the permittee does not maintain the work authorized by the permit or the site of the excavation, as set forth in subsection(a),the balance of any cash deposit held pursuant to Section 7-2.05(d)may be used by the Town to fund the repair or maintenance of the work authorized by the permit or the site of the excavation. (c) The requirements of Section 7-2.34 shall be referenced and included in the Town's Encroachment Permit Application and General Conditions. 7-2.41 Applicability to County water districts. The provisions of Sections 7-2.04 through 7-2.08 of this chapter shall not be applicable to any project commenced by any County water district provided, as to each such project, such district shall, within a reasonable time but not less than one (1) working day before the commencement of the work, notify the City Engineer of the pendency of the project. Such notice shall include a general description of the nature and location of the work adequate for the City Engineer or other responsible Town official to determine whether such work will interfere with existing utilities or will require conditions or precautions of a special nature. Emergency action by a County water district shall be subject to the provisions of Section 7-2.31 of this chapter provided such district shall give the notice provided for in this section, rather Ordinance No.532 Page 7 than applying for an encroachment permit, not later than the end of the next succeeding day following the commencement of the work during which the office of the City Engineer is open for business. (§ 46:10, Ord. 52, as added by § I, Ord. 110) SECTION II. SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause or phrase of the Ordinance is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part hereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause phrase of the Ordinance irrespective of the fact that one or more of them would be declared unconstitutional or invalid. To this end,the provisions of the Ordinance are declared to be severable. SECTION III. EFFECTIVE DATE AND PUBLICATION This ordinance shall become effective thirty(30) days from the date of its passage. Within 15 days after its passage,this ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the Los Altos Town Crier, a newspaper of general circulation in the Town of Los Altos Hills, as required by law INTRODUCED: September 22,2011 PASSED: October 20, 2011 AYES: Summit,Larsen,Mordo,Radford,Waldeck NOES: None ABSTENTIONS: None ABSENT: None - BY: inger SdIrimit,Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 1714603.2 Ordinance No.532 Page 8