Loading...
(a) Five-Year Plans.
(i) On the first day of April and October, or the first regular business day immediately thereafter, each utility and municipal excavator shall prepare and submit to the Department a plan, in a format specified by the Department, that shows all major work anticipated to be done in the public right-of-way in the next five years. Any utility or municipal excavator that does not propose major work in the next five years shall submit a plan with a statement that no such major work is anticipated and shall immediately report any major work to the Department as soon as it becomes reasonably foreseeable.
(ii) The Department may disclose information contained in a five-year plan to any utility excavator or municipal excavator only on a need-to-know basis in order to facilitate coordination among excavators and to avoid unnecessary excavation in City streets. To the maximum extent permissible under federal, State, and local laws applicable to public records, the City shall not otherwise disclose to the public any information contained in a five-year plan submitted by a utility excavator that is proprietary, trade secret or is otherwise protected from disclosure; provided, however that the City shall have no duty to decline to disclose any information that the utility excavator has not identified on its face as proprietary, trade secret or otherwise protected from disclosure. The Department shall notify a utility excavator of any request for inspection of public records that calls for disclosure of any five-year plan on which any information has been identified as proprietary, trade secret or otherwise protected from disclosure. The Department shall consult with the City Attorney regarding any such request and shall inform the affected utility excavator either that the Department will refuse to disclose the protected information or, if there is no proper basis for such refusal, that the Department intends to disclose the requested information unless ordered otherwise by a court.
(b) Department Repaving Plans.
(i) The Department shall prepare a five-year repaving plan showing all proposed repaving and reconstruction of the public right-of-way. The Department's repaving plan shall be revised and updated on a semiannual basis after receipt of the five-year plans from utility and municipal excavators. In order to facilitate coordination and minimize the cost of excavation, the Department shall make its repaving plan available for public inspection.
(ii) At least one hundred twenty calendar days prior to undertaking the repaving and reconstruction of any block, the Department shall send a notice of the proposed repaving and reconstruction to each utility and municipal excavator.
(c) Coordination.
(i) The Department shall review the five-year plans and identify conflicts and opportunities for coordination of excavations. The Department shall notify affected owners and permittees of such conflicts and opportunities to the extent necessary to maximize coordination of excavation. Each applicant shall coordinate, to the extent practicable, with each potentially affected owner and permittee to minimize disruption in the public right-of-way.
(ii) When two or more applicants coordinate major work in the same block so that, in the opinion of the Department, such major work minimizes disruption to the affected neighborhood, and is likely to qualify the block for repaving, the Department shall make its best effort to schedule the affected block for repaving. Such scheduling shall occur, to the extent funds are available in the Street Damage Restoration Fund, so that the applicants may qualify for a waiver of the street damage restoration fee under Section 2.4.44(b)(ii). Notwithstanding the foregoing, nothing in this subsection shall interfere with the Department's authority to allocate available repaving resources in a manner that it determines best serves the public interest.
(Added by Ord. 341-98, App. 11/13/98)
(a) Municipal Excavators. Whenever two or more municipal excavators propose major work in the same block within a five-year period, such work shall be performed by one municipal excavator. The participants to the excavation shall pay their pro rata share of the work. For purposes of this subsection, the municipal excavators shall be treated as a single applicant and shall submit one application.
(b) Utility Excavators. Whenever two or more utility excavators propose major work in the same block within a five-year period, such work shall be performed by one utility excavator. For purposes of this subsection, the utility excavators shall be treated as a single applicant and shall submit one application.
(c) Municipal Excavator and Utility Excavator. Whenever a municipal excavator(s) and a utility excavator(s) propose major work in the same block within a five-year period, the Department shall condition permits for such work in a manner that maximizes coordination and minimizes the total period of construction.
(d) Waiver of Joint Excavation Requirements. 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, in his or her discretion, may grant a waiver to the joint excavation requirements for good cause. In making his or her decision on the request for waiver, the Director shall consider 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 City policy, and the public health, safety, welfare, and convenience. The Director shall indicate in written, electronic, or facsimile communication the basis for granting any waiver pursuant to this subsection. The Director may place additional conditions on any permit(s) subject to a waiver, including, but not limited to, the charging of additional fees pursuant to Section 2.4.43. The Director's decision regarding waivers of the joint excavation requirements shall be final.
(Added by Ord. 341-98, App. 11/13/98)
(a) Whenever the Department or other Municipal Excavator undertakes a project involving the planning, construction, reconstruction, or repaving of a public right-of-way, such project shall include, to the maximum extent practicable and feasible, the following transit, pedestrian, bicycle, stormwater, and communications infrastructure improvements:
(1) Street and pedestrian-scale sidewalk lighting;
(2) Pedestrian and bicycle safety improvement measures, as established in any official City adopted bicycle or pedestrian safety plan or other City adopted planning documents;
(3) Appropriate access in accordance with the Americans with Disabilities Act;
(4) Public transit facilities accommodation, including, but not limited to designation of the right-of-way as a transit preferential street designation or bus rapid transit corridor;
(5) Traffic calming devices;
(6) Landscaping;
(7) Low-impact design stormwater facilities consistent with the Stormwater Design Guidelines;
(8) Other pedestrian and streetscape elements listed as appropriate to the relevant street type as identified and defined in the Better Streets Plan;
(10) Communications infrastructure.
(b) The Director, in consultation with the Directors of the San Francisco Municipal Transportation Agency, Department of Public Health, Planning Department, Department of the Environment, San Francisco Public Utilities Commission, Department of Technology, and Mayor's Office on Disability shall develop orders, regulations, or amendments to the Department's Standard Plans and Specifications that address the improvements set forth in Subsection (a).
(c) To the maximum extent practicable and feasible, the Director shall condition all excavation and street improvement permits on the inclusion of the improvements set forth in Subsection (a). If such conditions would exceed the Director's regulatory authority, the Director shall coordinate with other City departments to provide, to the maximum extent practicable and feasible, said improvements on behalf of the City. As part of the decision on any permit or authorization pursuant to the Public Works Code, the Director shall take into account the permit activity's positive and negative impacts on the integration, enhancement, or preservation of the improvements set forth in Subsection (a).
(Added by Ord. 209-05, File No. 050591, App. 8/18/2005; amended by Ord. 310-10, File No. 101194, App. 12/16/2010; Ord. 220-14
, File No. 130412, App. 11/7/2014, Eff. 12/7/2014)
(a) "Dig Once." To facilitate the Department of Technology's efforts to develop City communications infrastructure, and limit excavation in the public right-of-way, an applicant for a permit under Section 2.4.10 for the installation of underground conduits shall comply with the requirements of this Section 2.4.14.
(b) Notice Required.
(1) An applicant for a permit to install underground conduits shall notify the Department of Technology of its application in the manner set forth in the Department of Technology Requirements at least 14 days before submitting the application to the Department.
(2) Notice is only required when the minimum length of the proposed excavation will be at least 900 linear feet, or such longer distance as the Department of Technology may establish in the Department of Technology Requirements.
(c) Approval of Application.
(1) Where the Department of Technology Will Participate. The Department may approve an application and issue a permit if the Department finds that all of the following have occurred:
(A) The applicant has complied with the Department of Technology Requirements for notice of its application;
(B) The Department of Technology has not notified the applicant and the Department that the Department of Technology will not participate in the proposed excavation project; and
(C) The applicant has submitted plans consistent with the standard City communications infrastructure specifications.
(2) Where the Department of Technology Will Not Participate. The Department may approve an application and issue a permit if the Department finds that both of the following have occurred:
(A) The applicant has complied with the Department of Technology Requirements for notice of its application; and
(B) The Department of Technology has notified the applicant and the Department that the Department of Technology will not participate in the proposed excavation project.
(d) Denial of Application. The Department shall deny an application for a permit if the Department determines that the applicant has failed to comply with the Department of Technology Requirements.
(e) Applicant's Incremental Costs. The Department of Technology shall be responsible for the applicant's incremental costs when the Department of Technology participates in an excavation project by installing City communications infrastructure.
(a) After receipt of an application for a permit to excavate, the Department, within a reasonable time period, shall determine whether an application is complete.
(b) Any application tor an excavation permit for major work that is 30 consecutive calendar days or longer shall include a contractor parking plan. The plan shall include the following along with an explanation to support the request for on- street parking:
(1) Number and total linear feet of on-street parking spaces that would be impacted;
(2) The number and total linear feet of parking spaces on side streets proposed for staging and other construction purposes that would be impacted. The plan shall address the amount and type of equipment placed on streets to be excavated and side streets. The plan also shall propose solutions to stockpiling construction materials in locations other than the proposed permit area in order to minimize impacted street area;
(3) The average number of employees anticipated each day at the work site;
(4) Timeline and phasing of the project, including the duration of each phase, and how it will affect the number and total linear feet of on street parking spaces set aside for the excavation project at each phase;
(5) A proposal to provide the Department with updates in writing, by phone, or an in-person visit regarding any changes to the status of the project, on a regular basis as appropriate, but no later than at the mid-point of the permit term or any extension thereof If the permittee provides updates by phone or in-person visit, the permittee shall provide this same information in writing to the Department within two business days of the phone or in-person communication;
(6) Information about the availability of on-site or nearby parking garages or other off-street parking opportunities in the vicinity. As part of this required information, the applicant shall submit a list of all available public and private parking garages within a 300-foot radius of the project limits and information on whether those garages include carpooling parking spaces. In addition, the applicant shall specify if he/she contacted any off-street parking opportunities and the name and date of such contact;
(7) A proposal concerning opportunities for reducing parking demand in the vicinity of the project site, such as car-pooling, van transportation, transit, or other off-site parking arrangements;
(8) A proposal on how the applicant will make the on-street parking available to the general public if no work is scheduled and/or no equipment or material storage is required on the street(s) or portion thereof by 4:00 pm if project work is complete for the day. The permittee shall include this information in the courtesy notice to property owners required under Section 2.4.20(d) below;
(9) Any other information the Department or other affected City departments, such as the Municipal Transportation Agency, deems valuable tor understanding the impact of the project on the neighborhood and neighborhood parking supply.
(c) Within a reasonable time period in advance of initiating excavation, the Public Utilities Commission and Municipal Transportation Agency shall provide copies of their contractor parking plan tor their major excavation projects that are 30 consecutive calendar days or longer to the Department tor informational purposes only.
(d) The permittee shall mail a courtesy notice within five business days from the start of each phase to all impacted fronting property owners. Said notice shall include information about the number and linear feet of parking spaces that will be impacted and/or removed as well at a 24-hour, 7-day per week contact for the project, including name and telephone number. For purposes of this Subsection, "fronting property owner" shall mean a property owner that owns property along the frontage where on-street parking will be impact and/or removed. If the fronting property owner is a condominium project, the permittee need only mail the notice to the condominium association and the building manager, if one exists, not each individual unit owner.
(e) If there is an emergency excavation as defined in Section 2.4.22 that also will be major work that is 30 consecutive calendar days or longer, the excavator shall submit the contractor parking plan to the Department no later than five business days after initiating the work.
(f) In no case shall a permittee impact 60 or more parking spaces or an area consisting of three block segments, excluding intersections and side streets, at any one time for a single project.
(g) If the application is deemed to be incomplete, the Department promptly shall advise the applicant in a written, electronic, or facsimile communication of the reasons for rejecting the application as incomplete.
(h) If the application is deemed to be complete, the Department, in its discretion, may deny, approve, or conditionally approve the application.
(1) If the application is approved or conditionally approved, the Department shall issue a permit to the applicant. The Department may condition a permit with specified requirements that preserve and maintain the public health, safety, welfare, and convenience. The Department shall inform the permittee of the basis for such requirements.
(2) If the application is denied, the Department shall advise the applicant in a written, electronic, or facsimile communication of the basis for denial.
(Added by Ord. 341-98, App. 11/13/98; amended by Ord. 163-15
, File No. 150270, App. 9/23/2015, Eff. 10/23/2015, Oper. 1/21/2016)
The permit shall specify the location, extent, and method of the excavation, the start date and duration of the excavation, the permittee to whom the permit is issued, and any conditions placed on the permit. The terms and conditions of the permit shall include the application, all information submitted therewith, and all Department orders and regulations applicable to the permit. The Department must approve any and all modifications to the permit.
(Added by Ord. 341-98, App. 11/13/98; amended by Ord. 33-02, File No. 020051, App. 3/28/2002)
Permits shall be void if the excavation has not begun within 30 calendar days of the start date specified in the permit, if the excavation is not prosecuted diligently to its conclusion, or if the excavation, including restoration, has not been completed within the specified duration; provided, however, that the Director, at his or her discretion, may issue extensions to the start date, the duration of excavation, or both upon written request from the permittee. Such written requests must explain why the work could not be commenced on the start date, completed in the approved number of calendar days, or both; shall specify the additional number of calendar days required to complete the work; and shall be accompanied by applicable fees specified in Subarticle IV. All requests to modify the start date of an excavation shall be made at least five (5) calendar days prior to the excavation start date. All requests to modify the duration of the excavation shall be made at least five (5) calendar days prior to the permit expiration date. Any extension that the Director grants may be subject to additional special conditions, including, but not limited to, conditions that ensure timely completion and coordination of the project. The Director shall not grant requests for extensions to the start date after the permitted start date nor shall the Director grant requests for extensions to the duration of the excavation after the permit expiration date.
(Added by Ord. 341-98, App. 11/13/98; amended by Ord. 33-02, File No. 020051, App. 3/28/2002)
The Director, at his or her sole discretion, may allow amendments to the permit, such as to change the method of construction, to advance the start date of the excavation, or modify permit conditions, upon written request from the permittee. Such requests shall explain the basis for the permit amendment and shall be accompanied by applicable fees specified in Subarticle IV. Any amendments that the Director grants may be subject to additional special conditions, including, but not limited to, conditions that ensure timely completion and coordination of the project. The Director shall not grant requests for amendments to the excavation after the permit expiration date.
(Added by Ord. 33-02, File No. 020051, App. 3/28/2002)
Loading...