Loading...
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein.
"Administrative authority" means the city manager of the city or his or her duly delegated representative.
"Construction standards" means the most current edition of the Standard Drawings of the City of Murrieta.
"City engineer" means the city engineer of the city of Murrieta or his or her designated representative.
"Emergency" is defined as unplanned events posing immediate threat to public safety or property damage such as leakage from natural gas mains, open flows from the sewer or water mains, and disruptions to telephone or electricity service, etc.
"Encroachment" means going upon, over, or under public property, or placing any facility upon, along,
across, over, or under public property, or using any public property in such a manner as to prevent, obstruct or interfere with the use of that public property. Encroachments include, but are not limited to buildings, fences, sports equipment not in use, signs, trees, plants, underground facilities and construction and landscape material or any excavations on public property.
"Excavation" means any opening under, in, or across the surface of public property made in any manner whatsoever, except an opening into a lawful structure below the surface of public property, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the public property.
"Facility" means any pipe, pipeline, tube, hose, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transformer, or any other material, structure, public improvement, or object of any kind or character, including a building, portion of a building, or any other structure, whether enumerated herein or not, which is or may be lawfully constructed, used, operated, left, placed, or maintained in, upon, along, across, under, or over any public property.
"Plans" means the document developed and approved by the city engineer describing the nature and extent of works proposed to be constructed or carried out on a public place.
"Permit" means encroachment/excavation permit as referred to in this chapter.
"Person" means any person, firm, partnership, association, corporation, company or organization of any kind.
Public place" means any public street, highway, way, place, alley, sidewalk, easement, right-of-way, park, square, plaza or other similar public property owned or controlled by the city and dedicated to public use.
"Sketch" means a drawing that shows a concept or location of facilities.
Specification" means the Standard Specifications for Public Works Construction (current edition including all supplements) written and promulgated by Southern California Chapter American Public Works Association and Southern California District Associated General Contractors or California Joint Cooperative Committee and published by Building News Incorporated, or such other specifications noted on approved plans.
"Substructure" means any pipe, conduit, duct, tunnel, buried cable or wire, or any other similar structure located below the surface of any public property.
"Utility" means a private company and/or corporation operating under regulation of the Public Utilities Commission, or municipal/county department or other governmental agency engaged in providing a particular service to the general public. (Ord. 264 § 1 (part), 2002)
This chapter shall be administered by the city engineer who shall have the responsibility and authority to:
A. Establish the form and procedures for application for encroachment permits required pursuant to this chapter including the certification of completed applications, the approval of plans, the establishment of files, collection of fees and security deposits;
B. Interpret the provisions of this chapter and advise the public regarding requirements for plans, specifications and special provisions for facilities or encroachments subject to the provisions of this chapter;
C. Establish format and content of plans and standards governing work on facilities or encroachments pursuant to the provisions of this chapter;
D. Issue encroachment permits upon such conditions as determined are reasonable and necessary to protect the public health, safety and welfare;
E. Consider and approve amendments, including extensions, of any encroachment permit issued when such amendment is necessary to provide for the safe and efficient movement of traffic or to protect public places, persons or property;
F. The city engineer shall, subject to the authority of the director of public works to administer and enforce the provisions of this chapter.
(Ord. 264 § 1 (part), 2002)
No person shall do any of the following acts without first obtaining a valid encroachment permit:
A. Make or cause to be made any excavation or opening, fill or obstruction in, over, along, on, across or through any public place for any purpose whatsoever;
B. Construct or repair or cause to be constructed or repaired any curb, sidewalk, gutter, curb with integral gutter, drive approach, driveway, alley approach, spandrel and cross gutter, wheelchair ramp, A.C. dike, or any other work of any nature covered by the city standard drawings or city policy within a public place; or place, change, renew an encroachment in, over, along or across or through any street right-of-way or public place excepting, however, for or in connection with the installation of poles, guys and anchors constructed for use under franchise for public utility purposes where such poles, guys and anchors do not interfere with or lie within ten feet of existing improvements;
C. Plant, remove, cut, cut down, injure or destroy any tree, plant, shrub, or flower growing within any public place excepting necessary pruning or trimming to protect persons or property;
D. Construct or modify or cause to be constructed or modified, any storm drain or conveyor of drainage waters and appurtenant items within a public place;
E. Modify, alter or deface any block wall on or adjacent to public places;
F. Engage in any traffic-control operations in such a fashion as to affect any public place while constructing, demolishing or maintaining any facility;
G. Enter onto or exit from any public place at any location not approved and constructed as a driveway.
(Ord. 264 § 1 (part), 2002)
A. The administrative authority may issue utility permits to a utility to make excavations for the location of trouble in conduits or pipes, for making repairs thereto, or for emergency purposes. Utility permits shall be issued on an as requested basis.
B. Supplemental Telecommunication Facilities Encroachment Permit. The standards and regulations of this Section 15.54.050B shall apply to all telecommunication facilities as defined by the federal Telecommunications Act of 1996, the California Public Utilities Commission ("CPUC"), the California Government Code and the California Public Utilities Code (including but without limitation section 7901), which require a certificate of public convenience and necessity ("CPCN") or other license granted by the CPUC and are in addition to requirements found elsewhere in this chapter. For purposes of this section, "CPUC license" means a CPCN or Wireless Identification Number or other license which allows use of public right-of-way as granted by the CPUC.
The following provisions are applicable to any proposal to construct telecommunications facilities within the public rights-of-way:
1. The applicant shall apply for, and obtain, a supplemental telecommunication facilities encroachment permit in addition to any and all permits otherwise required by the municipal code.
2. In addition to any other permit submittal requirements, an applicant shall submit the following supplemental information:
a. A copy of the CPUC license, and a copy of the CPUC decision that authorizes the applicant to provide the telecommunications service for which the facilities are proposed to be constructed in the city's public rights-of-way;
b. A copy of the certified environmental document for the CPUC license, including all mitigation measures as required by the CPUC pursuant to the required environmental analysis. The city's issuance of a permit will be conditioned upon the applicant's compliance with all applicable mitigation measures and monitoring requirements imposed by the CPUC upon applicant. If no environmental determination has been made by the CPUC, the applicant shall submit any additional information required for the city to make such an environmental determination in compliance with the California Environmental Quality Act ("CEQA");
c. If the applicant has obtained a CPUC license to operate as a "competitive local exchange carrier," as defined by the Telecommunications Act of 1996, and is proposing a distributed antenna system the following additional requirements apply:
(i) The applicant shall file a supplemental application for wireless projects and distributed antenna system projects; and
(ii) The applicant shall provide a description of the type of construction and the location of each construction project proposed to be undertaken in the city during the calendar year in which the application is filed; and
(iii) If the applicant's proposed construction project will extend beyond the existing utility rights-of-way into undisturbed areas or other rights-of-way, the applicant shall establish that it has filed a petition with the CPUC to amend its license and that the proposed construction project has been subjected to a complete environmental analysis by the CPUC or the city and shall provide a copy of the environmental determination, including any mitigation measures.
3. A supplemental telecommunication facilities encroachment permit may be approved only if consistent with the scope of the CPUC license and the requirements of this chapter.
4. The city reserves all rights that it now possesses or may later acquire with respect to the regulation of any telecommunications facility that is provided, or proposed to be provided. These reserved rights may relate, without limitation, to the imposition of reasonable conditions in addition to or different from those set forth in this chapter, the exaction of a fee or other form of consideration or compensation for use of public rights-of-way, and related matters; provided, however, that such regulatory rights and authority will be consistent with federal and state law that is applicable to cable or telecommunications services provided by telephone corporations as defined by the Telecommunications Act of 1996.
5. The city engineer's approval of a supplemental telecommunication facilities encroachment permit for telecommunications facilities may be conditioned upon reasonable placement, operation and aesthetic restrictions so long as such conditions or restrictions do not violate the Telecommunications Act of 1996 or California law.
(Ord. 450 § 1, 2011; Ord. 264 § 1 (part), 2002)
A. An application form, provided by the administrative authority, shall be submitted before any encroachment permit is issued. The application shall contain the following information:
1. The name, address, and telephone number of the applicant;
2. The purpose of the proposed encroachment;
3. The location and dimensions of the proposed encroachment;
4. The approximate date on which construction is proposed to begin, if applicable;
5. The approximate duration of the construction;
6. The name and contractors license number of the person performing the construction;
7. Plans or sketches necessary to describe the construction;
8. The disposal site for material to be removed from the site;
9. The signature of the applicant;
10. Acknowledgment by the applicant that insurance, indemnification and performance security requirements must be satisfied prior to a permit being issued.
B. Upon review of the application, the administrative authority may impose conditions on the permit, in order to insure the safety of the public and to protect and preserve the public property. If the administrative authority denies the application, written notice shall be provided to the applicant.
C. The permit, if issued, will be prepared and issued when fees and deposits have been paid, insurance documents and performance security have been reviewed and accepted, and the applicant has signed the permit.
D. Each permit shall state a time when all the work to be done thereunder shall be completed. The administrative authority may grant extensions of time, provided satisfactory reasons therefor are presented by the applicant in writing.
(Ord. 264 § 1 (part), 2002)
Prior to issuance, all permit applications will be reviewed by engineering staff as to scope of work, duration and public impact, with a determination made as to whether or not Public Notice shall be required and the scope of the notification. At a minimum, when required, the notification shall be in the form of a flyer to be hand delivered to the affected residents at least forty-eight (48) hours prior to commencement of work and must include nature of work, estimated duration and a contact name and telephone number of the agency doing the work. A sample of the required notification must be submitted and approved by Engineering Staff prior to distribution.
(Ord. 264 § 1 (part), 2002)
Permittee shall commence work as stipulated in the encroachment permit and diligently pursue the work to completion without interruption within the time period required by the encroachment permit. Encroachment permits issued under this chapter shall be valid for the period of time specified in the encroachment permits, unless the city engineer grants a time extension.
(Ord. 264 § 1 (part), 2002)
Loading...