HomeMy WebLinkAboutMC-1281
Adopted: August 18, 2008
Effective: September 18, 2008
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ORDINANCE NO. HC-1281
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
3 BERNARDINO MUNICIPAL CODE CHAPTER 12.03 (RIGHT-OF-WAY PERMITS,
EXCAVATIONS AND TEMPORARY ENCROACHMENTS), SECTION 12.03_.020
4 (DEFINITIONS) AND ADDING SECTION 12.03.055 TO ESTABLISH A TRENCH CUT
MORATORIUM ON NEWLY PAVED PUBLIC ROADWAYS.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 12.03.020, Definitions, is amended to add the following:
T.
"Trench Influence Area" means an area three and one-half feet adjacent to the edge
of any trench where excavation occurs in the public right-of-way.
u.
"Person" shall mean any person as defined in San Bernardino Municipal Code
Section 1.04.010, and including any governmental agency or subdivision of any
city or county or the State of California.
SECTION 2.
Chapter 12.03, Right-of-Way Permits, Excavations and Temporary
Encroachments, is amended to add the following:
Section 12.03.055 Moratorium.
A.
It shall be unlawful for any Person to excavate, cut, or open the pavement surface
of any street within 5 years after acceptance of the street construction work by the
City Engineer, with the exception of seal coated or microsurfaced streets, which
shall be for a period of 3 years after acceptance of the work by the City Engineer.
This moratorium on street excavations shall not apply if the Director of
Development Services grants a street excavation permit for any of the following
reasons:
(I)
Excavation work that is mandated by City, County, State or Federal
legislation or that is required as a condition of approval to a City-issued
development permit;
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HC-1281
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B.
C.
(2) Utility service for development where no other reasonable means of
providing service exists, as determined by the Director of Development
Services;
(3) For a Prospect Hole, as defined in this Chapter, to verify utility depth or
location;
(4) Excavations which are essential components of a regional project which
will provide a substantial public benefit;
(5) Written requests for StatelFederal mandated pipeline integrity inspections;
or
(6) Other situations where the Director of Development Services finds that the
excavation is necessary for the public health, safety, or welfare.
In the event of an emergency which endangers life or property, or for an
emergency repair or modification which is necessary to prevent interruption of
life essential utility services, excavation work may occur without first obtaining a
permit; however, written application for a permit shall be provided the following
business day.
If a permit is granted by the Director of Development Services or emergency
excavation work as hereinabove described is performed, the following conditions
shall apply:
(1) All restoration and repair work shall be performed in accordance with the
most current trench, backfill and pavement replacement detail standards in
effect and as approved by the City Engineer.
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HC-1281
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(2) Provide a written pavement life performance warranty in a form
acceptable to the City, unless one is already provided through a franchise
agreement with the City. The warranty shall provide that in the event that
subsurface material or pavement over or within the Trench Influence Area
becomes depressed, broken, or otherwise fails at any time after the
excavation (or joint operation excavation) has been completed, that Person
shall repair or reconstruct the subsurface and pavement to a condition to
the satisfaction of the City Engineer; and
(3) The Person requesting the excavation permit or responsible for
emergency excavation work shall submit an application for an excavation
permit, pay all required fees and comply with the provisions of Chapter
12.03.
D. The moratorium on excavations shall not apply in any area where the street
pavement construction was completed 5 years prior to the effective date of this
ordinance.
SECTION 3. Severability. In the event that any provision of this Ordinance, or any
part thereof, or any application thereof to any person or circumstance, is for any reason held to
be unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on
its face or as applied, such holding shall not affect the validity or effectiveness of any of the
remaining provisions of this Ordinance, or any part thereof, or any application thereof to any
person or circumstance or of said provision as applied to any other person or circumstance. It is
hereby declared to be the legislative intent of the City that this Ordinance would have been
adopted had such unconstitutional, invalid, or ineffective provisions not been included herein.
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MC-1281
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
BERNARDINO MUNICIPAL CODE CHAPTER 12.03 (RIGHT-OF-WAY PERMITS,
2 EXCAVATIONS AND TEMPORARY ENCROACHMENTS), SECTION 12.03_.020
3 (DEFINITIONS) AND ADDING SECTION 12.03.055 TO ESTABLISH A TRENCH CUT
MORATORIUM ON NEWLY PAVED PUBLIC ROADWAYS.
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular
meeting thereof, held
on the 18th day of
, 2008, by the following vote to wit:
August
Council Members:
AYES
ABSENT
NAYS
ABSTAIN
9 ESTRADA
x
10 BAXTER
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BRINKER
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DERRY
14 KELLEY
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JOHNSON
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MC CAMMACK
x
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City Clerk
The foregoing ordinance is hereby approved this 19~y of
August
2008.
Approved as to form:
JAMES F. PENMAN
City Attorney
By:
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