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In addition to the requirements for an encroachment permit set forth in Article I, an application to excavate shall include the following:
A. The specific location and area of the excavation, including its approximate length and width, and, if the excavation is in a street, whether it is parallel or transverse to the direction of the travel lanes. The applicant shall attach to the application form a plan showing the location of the proposed excavation, the dimensions thereof, and any other details the director may require.
B. Except as otherwise provided by franchise or agreement, at the time any permit is issued for excavation of a paved street, the applicant shall pay a trench cut cost recovery fee, in addition to the fee required by Article I of the chapter. The fee shall not exceed an amount reasonably necessary to recover the estimated costs for all future maintenance, repair or resurfacing that would be necessary to fully mitigate the damage and degradation caused by the excavation to the pavement located adjacent to the trench where the excavation occurs. The fee shall be highest for excavations in newly surfaced streets and shall decrease as the age of the street surface being excavated increases. The amount of the trench cut cost recovery fee shall be established from time to time by resolution of the city council. The director shall adopt procedures requiring the payment of the trench cut cost recovery fees by all city departments and divisions performing excavations in city streets.
C. The trench cut cost recovery fee required by subsection B of this section, shall not be charged for the following excavations: (1) excavations in a street that the city has scheduled for resurfacing either during the fiscal year (July 1st through June 30th) when the encroachment permit is issued or during the immediately following fiscal year; (2) excavations in a street where the existing pavement quality is already so poor that the pavement quality index, as defined by the city's pavement management system, is less than four on the date the encroachment permit is issued; (3) excavations for potholing or to install utility poles; (4) excavations that will include resurfacing of the street where the excavation is made, provided that the resurfacing is approved by the director; and (5) excavations made for a utility relocation required by the city to accommodate a proper governmental use of a street, alley, sidewalk or other public place. As used in this chapter, the term resurfacing shall mean any repaving, overlay, seal or reconstruction which constructs a new pavement surface over the entire width of the street, excluding crack seals.
D. All moneys paid to the city under subsection B of this section, shall be deposited in a special fund or funds and shall be expended only for the resurfacing of city streets.
E. Except for requirements subject to the exclusive jurisdiction of another regulatory agency, the location, depth and other physical characteristics of any facilities for which an encroachment permit is issued shall be subject to approval of the director, and all backfilling, compaction and pavement restoration performed for any excavation shall comply with the requirements of this chapter.
F. 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 the public right-of-way to relocate the facilities at no cost to the city, in the event that relocation is required by the city to accommodate a proper governmental use of the public right-of-way. (Ord. 2009-022 § 2)
Unless otherwise specified in the permit, restoration of the pavement or other surface of any right-of-way or other public place shall be performed by the permittee. Nothing in this section shall relieve the person opening or tearing up any pavement from the responsibility to maintain the excavation or installation in a safe condition until it is repaved or restored.
If the temporary pavement over an excavation is not maintained in a safe and acceptable manner until restored, and the permittee does not respond or is not able to respond in a timely manner to repair or replace any temporary pavement as required by the director, the director may cause the work to be done. The cost thereof, including any inspection costs and administrative overhead incurred by the city, shall be assessed against the permittee. (Ord. 2009-022 § 2)
A. No trench shall be opened in any street for the purpose of laying pipes, conduits or ducts more than four hundred (400) feet in advance of the pipe, conduit or ducts being placed in the trench, except when the prior written consent of the director has been obtained.
B. All excavations shall comply with the standards and requirements established from time to time by the director for compaction, backfill and pavement restoration. The standards and requirements may vary for different excavations, taking into consideration relevant factors, such as: (1) the location, type and extent of excavation performed, (2) the condition of the surface being excavated, and (3) the period of time elapsed since the construction or most recent resurfacing of the surface being excavated. The standards and requirements shall be reviewed at least once every five years to determine whether any changes can be made to prevent or substantially reduce the degradation and damage caused to the street surface by excavation. As part of such review, the director shall provide affected utility companies with an opportunity to review and comment upon the standards and requirements and any changes proposed thereto.
C. The excavated pavement and other rubble shall be removed, together with any surplus excavated material, within one working day from the time such material is placed upon the street, provided that exceptions to this requirement may be approved by the director. After backfilling is completed, and prior to repaving the cut, the contractor or permittee shall remove all loose paving material and trim the edges of the excavation at the street surface to the satisfaction of the director.
D. Whenever any caving occurs in the sidewalls of any excavation, the pavements above such caving shall be cut away. In no case shall any void under a pavement be filled by any side or lateral tamping. (Ord. 2009-022 § 2)
In case the pavement or the surface of the street or alley over any excavation should become depressed or broken at any time within five years after the excavation has been completed and before resurfacing of the street or alley, natural wear of the surface excepted, the permittee shall, upon written notice from the director, immediately proceed to inspect the depressed or broken area over the excavation to ascertain the cause of the failure. The permittee shall make repairs to the installation or backfill and have the pavement restored as specified by the director, within such time period as may be specified by the director. The trench cut cost recovery fee established by Section 12.12.140(B) of this chapter, shall not be charged for work performed under this section. If the pavement is not restored as specified by the director within the time period specified by the director, and unless delayed by a strike or conditions beyond permittee's control, the director may cause the work to be done after giving the permittee twenty-four (24) hours final notice. The cost thereof, including any inspection costs and administrative overhead incurred by city, shall be assessed against the permittee. After the cost is paid to city, the city shall be responsible for any future repairs of that portion of pavement over the excavation that was repaired by city forces. (Ord. 2009-022 § 2)
A. No person shall excavate a city street, road, or alley during the moratorium period, except as provided in subsection B below. For purposes of this section:
1. If the pavement at the excavation site has been installed, repaired, or replaced to a depth of at least one-half inch below the pavement surface, the moratorium period is five years beginning on the day that the city accepted the pavement or issued a notice of completion for the pavement.
2. If the pavement at the excavation site has been installed, repaired, or replaced to a depth less than one-half inch thick below the pavement surface, such as a chip seal coating, slurry seal coating, or micro paving, the moratorium period is three years beginning on the day that the city accepted the pavement or issued a notice of completion for the pavement.
B. Notwithstanding subsection A above, the director may issue an encroachment permit for the excavation of a city street, road, or alley during the moratorium period if:
1. The excavation is immediately necessary to save life or property;
2. The excavation is necessary to prevent the imminent interruption of one or more utility services;
3. The excavation has been requested by a federal or state agency or the city;
4. The excavation is required to comply with a condition imposed on any approval or permit issued in accordance with title 17;
5. The excavation is necessary to provide service where no alternative means of providing service exists; or
6. The director determines the excavation is in the best interest of the city.
C. An applicant requesting an encroachment permit pursuant to subsection B above must submit to the director an application that includes the following information:
1. The basis, from subsection B above, upon which the applicant requests the permit;
2. Location of the excavation to be performed and the reasons the excavation cannot be performed at another location;
3. Description of the work to be performed;
4. Reasons the work cannot be deferred until after the moratorium period; and
5. Reasons why the applicant did not coordinate the work with previous excavations, as required by section 12.12.190.E. (Ord. 2024-0050 § 2)
A. Any utility company owning, operating or installing in rights-of-way or any other public places facilities providing water, sewer, gas, electric, communication, video or other utility services, shall prepare and submit to the director a utility master plan, in a format specified by the director, that shows the location of the utility company's existing facilities in city streets, alleys, sidewalks and other public places, and shows all of the utility company's planned major utility work in city streets, alleys, sidewalks and other public places. Utilities shall submit an initial utility master plan no later than one hundred eighty (180) days after the effective date of the ordinance adopting this section. Thereafter, each utility company shall submit semi-annually, on the first regular business day of January and July, a revised and updated utility master plan. As used in this subsection, the term planned major utility work refers to any and all future excavations planned by the utility company when the utility master plan or update is submitted that will affect any public right-of-way or other public place for more than five days, provided that the utility company shall not be required to show future excavations planned to occur more than five years after the date that the utility master plan or update is submitted.
B. Any city department owning, operating or installing utility facilities in public rights-of-way shall prepare and submit to the director a utility master plan that shows the location of the department's existing facilities in rights-of-way and other public places, and shows all of the department's planned major utility work in rights-of-way and other public places. An initial utility master plan shall be submitted no later than one hundred eighty (180) days after the effective date of the ordinance codified in this chapter. Thereafter, each such department shall submit semi-annually, on the first regular business day of January and July, a revised and updated utility master plan. As used in this subsection, the term planned major utility work refers to any and all future excavations planned by the department when the utility master plan or update is submitted that will affect any public right-of-way or other public place for more than five days, provided that the department shall not be required to show future excavations planned to occur more than five years after the date that the utility master plan or update is submitted.
C. The director shall make all utility master plans submitted in accordance with subsections A and B of this section available for public inspection.
D. The director shall prepare a five year repaving plan showing the street resurfacing planned by the city for the next five years. The five year repaving plan shall be revised and updated on a semi-annual basis after receipt of the utility company's and city departments' utility master plans and updates. The director shall make the city's five year repaving plan available for public inspection. In addition, after determining the street resurfacing work that is proposed for each year, the director shall send a notice of the proposed work to all utility companies that have current utility master plans on file.
E. Prior to applying for an encroachment permit, any person planning to excavate in the public right-of-way or other public places shall review the utility master plans and the city's five year repaving plan on file with the director and shall coordinate, to the extent practicable, with the utility and street work shown on such plans to minimize damage to, and avoid undue disruption and interference with the public use of such rights-of-way or other public places.
F. Excavations in city streets disrupt and interfere with the public use of city streets and damage the pavement. The purpose of this section is to reduce this disruption, interference and damage by promoting better coordination among utility companies making excavations in city streets and between those utility companies and the city. Better coordination will assist in minimizing the number of excavations being made wherever feasible, and will ensure that excavations in city streets are, to the maximum extent possible, performed before, rather than after, the resurfacing of the streets by the city. Coordination also provides a means for utility companies to avoid payment of a trench cut cost recovery fee either by eliminating the need for a new excavation, or, if an excavation is made, by allowing the excavation to qualify for an exemption from the trench cut cost recovery fee pursuant to Section 12.12.140 of this chapter. However, even utility companies performing the best possible coordination will find it necessary to make excavations that do not qualify for an exemption from the trench cut cost recovery fee. For this reason, and in order to provide a further incentive for such utility companies to perform the best possible coordination, if a utility company coordinates its work with other
utility companies and/or the city so that no trench cut cost recovery fee is required for at least eighty (80) percent of the linear feet of its total excavations in city streets during a calendar year, the utility company shall receive a refund, without interest, of one-quarter (twenty-five (25) percent) of the trench cut cost recovery fees the utility company paid during that year. If a utility company coordinates its work with other utility companies and/or the city so that no trench cut cost recovery fee is required for at least ninety (90) percent of the linear feet of its total excavations in city streets during a calendar year, the utility company shall receive a refund, without interest, of one-half (fifty (50) percent) of the trench cut cost recovery fees the utility company paid during that year. If a utility company coordinates its work with other utility companies and/or the city so that no trench cut cost recovery fee is required for at least ninety-five (95) percent of the linear feet of its total excavations in city streets during a calendar year, the utility company shall receive a refund, without interest, of one hundred (100) percent of the trench cut cost recovery fees the utility company paid during that year. Upon appropriation by the city council, city funds authorized for the purpose of maintenance, repair or resurfacing of city streets shall be transferred to the special fund or funds created pursuant to Section 12.12.140(D) of this chapter, to replace any amount refunded pursuant to this subsection. The director shall adopt procedures for implementing this subsection. (Ord. 2009-022 § 2)
A. Any person required to pay a trench cut cost recovery fee pursuant to Section 12.12.140(B) of this chapter who desires to protest or otherwise challenge imposition of the fee shall tender to the city full payment when due, accompanied by a written notice containing the following information:
1. A statement that the required payment is tendered under protest; and
2. A description of the factual and legal basis for the protest.
B. 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 city manager no later than ten (10) working days after receiving notice of the director's decision. Likewise, a person who pays a fee under protest may appeal the fee by filing a notice of appeal with the city manager no later than ten (10) working days after payment of the disputed fee. For purposes of this section, "city manager" means the city manager or the manager's designee. The notice of appeal shall set forth the name, mailing address and telephone number of the person appealing, and a statement describing the action being appealed, setting forth the grounds for the appeal and the relief requested. The scope of the appeal shall be limited to the grounds specified in the notice of appeal. The city manager shall hear the appeal, and shall render a decision on the appeal no later than thirty (30) days after the filing of a timely notice of appeal. The city manager's decision may affirm, reverse or modify the director's decision. The city manager's decision shall be the final and conclusive administrative remedy. A copy of the city manager's decision shall be provided to the person appealing at the address shown on the notice of appeal.
C. To challenge the city manager's decision in court, the appellant must first present a claim to the city in accordance with Section 3.04.070 of this code, within one year of when the appeal is denied. (Ord. 2010-036 § 9; Ord. 2009-022 § 2)
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