A. Every permit for any excavation or encroachment in or under the surface of any street shall be granted subject to the rights of this City, or any other person entitled thereto, to make reasonable use of that part of the street for any purpose for which the street may be lawfully used, consistent with the excavation and/or encroachment made pursuant to such permit.
B. It is unlawful to remove material from or engage in construction, repair or installation of conduits within any street in such a manner as to render such street impassable or dangerous to public travel. Closure of streets must be approved in advance with approval of traffic detour plans submitted in accordance with the guidelines prepared by the Director of Development Services for the City of San Bernardino.
C. It is unlawful for any person to make excavations or encroachments in or under the surface of any street, sidewalk or public place, for the installation, repair, or removal of any pipe, conduit, duct, or tunnel, or for any other purpose except the installation of poles and anchors serving overhead lines without first:
1. Making and filing a written application with the Director of Development Services a minimum of forty-eight hours prior to starting any excavation or encroachment, except any person, or firm holding a public utility franchise in the City may, for emergency purposes only, make and file a written application during the next business day following the making of such emergency excavations or encroachments.
2. Receiving a written permit from the Director of Development Services.
3. Making a deposit or other acceptable security to cover the cost of installation including:
a. Inspection.
b. Restoring the street or sidewalk to its original condition.
c. Restoring all signs, pavement markings, conduits, cables, pipes to a condition acceptable to the City using similar materials and methods to match the original improvements.
d. Incidental expenses in connection therewith, as hereinafter provided for.
D. Before issuing any permit provided for in this section, the Director of Development Services shall require that a written application be made and filed with the Department of Public Works which shall provide the following:
1. Name and residence, or business address of applicant;
2. A detailed description of the work, its location and approximate area (in square feet) and the purpose for the excavation (installation, repair, enhancement, etc.);
3. A plat of the proposed work not larger than 24"x36" nor smaller than 8-1/2"x 11" and at a scale not smaller than 1"=60' showing the following:
a. Right-of-way lines.
b. Curb lines, back of sidewalk, street lights, traffic signal and boxes.
c. Location of proposed excavation including the length and width of the trench.
d. North arrow and scale.
e. Street names and cross street (even if shown with broken centerline to nearest cross street).
f. ALL underground facilities with size, location and ownership based on a search of available records. This is required for the full right-of-way width for lines going in the general direction of the street and for the length of the trench for excavations generally perpendicular to the street.
g. Such other information as the Director of Development Services may require. No plats shall be required when excavations or encroachments are made for service connections, or for locating or repairing existing underground installations.
E. Applicant must show legal authority to occupy and use the street, or sidewalk wherein the excavation/encroachment is proposed to be made.
F. It is unlawful for any person to make any excavation, install or maintain any tank, pipe, conduit, duct, or tunnel, in or under the surface of any street, or sidewalk or public place, at any location other than that described in the application, and. shown on the plats filed by such person. Any deviation in location necessitated by actual field conditions shall be corrected on the final plats and submitted to the Director of Development Services as the AS CONSTRUCTED plats
G. The Director of Development Services may require site survey in order to ensure accurate location of facilities as deemed necessary to ensure compliance with this section.
H. Those performing the work shall have a valid current City of San Bernardino business registration and shall list the number thereof on the application. The job superintendent, as well as the owner's authorized representative, shall also provide 24 hour emergency telephone numbers should problems be discovered other than during normal working hours and shall list same on the application.
I. The Director of Development Services may issue vehicle parking permits that allow encroachment into time limited parking areas for extended work periods. See Section 12.03.090.
(Ord. MC-1027, 9-09-98; Ord. MC-1004, 10-21-97)