Loading...
HomeMy WebLinkAbout39071 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance No. 3907 AN ORDINANCE AMENDING THE BUTTE COUNTY CODE, BY ADDIIvTG ARTICLE VI, COMPOSED OF ARTICLES VI(A), VI{B), VI(C) AND VI(D), TO CHAPTER 10 OF SAID CODE The Board of Supervisors of the County of Butte ordains as follows: Section 1. Article VI, composed of Articles VI(A), VI{B}, VI(C), and VI{D), is added to Chapter 10 of the Butte County Code, to read as follows: Article VI. ROAD ENCROACHMENTS Article VI{A). GENERAL PROVISIONS Sec.10-75. Title. This Article VI, composed of Articles VI(A), VI{B}, VI(C), and VI{D), shall be known and may be referred to in all proceedings as the Butte County Road Encroachment Ordinance. Sec.lO-76. Purpose. This chapter is enacted pursuant to section 942 of the Streets and Highways Code and article 11, section 11 of the California Constitution far the purpose of protecting the safety of the public traveling on public roads and to protect the public roads from unwarranted damage. Sec.10-77. Definitions. When used in this chapter, t11e following words and phrases are defined as follows, unless the context clearly requires a different meaning: a. "County highway" means any road included within the maintained County highway system, as provided in section 2121 of the Streets and Highways Code, and any road conveyed to and accepted by the County by deed, subdivision map or other instrument of record within the unincorporated territory of the County. b. "Encroachment" means any sign, billboard, pole, pale line, pipe, pipeline, fence, stand, driveway, roadway, culvert, building excavation ar any structure or object of any kind or character not particularly mentioned herein which is placed in, under or over any portion of the entire County right of way. e. 'Excavation" means the movement or removal of earth, rock, pavement or other material in, on or under the ground. The term includes auguring, backfilling, Encroachment Permit Ordinance March 1, 2005 Page 1 1 2 3 4 5 5 7 9 la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2b 27 28 29 3a 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 digging, ditching, drilling, grading, plowing-in, ripping, scraping, trenching and tunneling. d. "Newly renovated County highway" means any County highway that has been reconstructed or overlaid with a minimum of 1'/a" of Asphalt Concrete. e. "Person" means any person, firm, partnership, association, corporation, district or organization. f. "Right-of--way" means all of the area between the boundaries of a road, as defined by the instruments creating or conveying the road, and with respect to County highways created by use, all of the area used for road purposes, including the roadbed, shoulders, drainage ditches and fixtures, the entire surface of cuts and fills and other road appurtenances. Sec.10-7$. Exemptions. The provisions of this chapter shall not apply to: a. The construction of state highways pursuant to agreement with the County; b. Work done by the County or by a person doing work pursuant to a contract with the County. Sec.10-79. Enforcement. This chapter shall be enforced by the Director of Public Works. The Director shall cause any encroachment authorized by permit to be inspected at sufficient intervals to insure compliance with the requirement of the permit and this chapter. Sec. 10-$0. Penalty for Violation. Any person violating any provision of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000 or by imprisonment in the County jail for a term not to exceed six (6) months, or by both such fine and imprisonment. Each day any violation of this chapter continues shall constitute a separate offense punishable as provided in this section. See. 10-81. Violation Deemed Nuisance. The violation of any provision of this chapter shall constitute a public nuisance subject to abatement in any manner authorized by law, including, but not limited to, summary abatement by the Director of Public Works, pursuant to section 1483 of the Streets and Highways Code and ~, section 3494 of the Civil Code; abatement by actions authorized by section 373(a} of the Penal Code and chapter 6, division 2 of the Streets and Highways Code; and by suit for injunction. The Director of Public Works is authorized to issue a notice of noncompliance, pursuant to Encroachment Permit Ordinance March 1, 2005 Page 2 1 2 3 4 5 6 7 8 9 la 11 12 13 14 15 16 17 1$ 19 20 21 22 23 24 2s 26 27 28 29 3Q 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Section 41-6.1 of this Code, instead of or in addition to any other enforcementlabatement action or procedure pursued. Article VI(B). ENCROACHMENT REGULATIONS Sec.10-82. Excavations. All excavations within the County right of way require issuance of an encroachment permit by Butte County Public Works prior to the start of construction. a. It is unlawful far any person to make any excavation on any portion of the right- of-way of any County highway without having first obtained an encroachment permit therefore, or in violation of any of the provisions or conditions of the permit or of this chapter. b. It is unlawful to excavate in any newly renovated County highway for a period of five (5} years after completion, as shown by the filing of a Notice of Completion. Utilities shall determine alternate methods of making necessary repairs to avoid excavating in newly renovated County highways. Exceptions to the above are as follows: 1. Emergency endangering persons or property; 2. Interruption of essential utility service; 3. Wark mandated by State or Federal legislation; 4. Service for buildings where no other reasonable means of providing service exists; 5. Other situations deemed by the Board of Supervisors to be in the best interest of the general public, after submission of a written request, completion of an application and payment of the applicable fees set forth in section 3-81 of this Code. After due consideration at an open meeting, the Board may deny, approve or approve with mitigations the encroachment permit. c. All excavation work allowed under (b}(1) through (b)(5) above shall be in accordance with the provisions of this chapter. d. The County may impose additional conditions to any encroachment permit issued under this section to mitigate damage caused to the newly renovated County highway by excavation. Sec.lO-83. Encroachments. Encraachment Permit Ordinance March 1, 2005 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1$ 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 It is unlawful for any person to place or maintain any encroachment on any portion of the right- of-way of any County highway without having first obtained an encroachment permit therefore, or in violation of any of the provisions or conditions of the permit or of this chapter. Sec. 10-84. Access Roads. It is unlawful for any person to establish, revise or maintain any access road across any portion of the right-of--way or any County highway without having first obtained an encroachment permit therefore, or in violation of any of the provisions or conditions of such permit or this chapter Sec. 10-85. Cuts and Fills. It is unlawful for any person to make any cut or fill upon the natural ground surface upon land adjacent to a County highway, any part of which measures horizontally less than two (2) times the depth of the cut or fill from the closest right-of--way boundary line of any County highway without having first obtained an encroachment permit therefore, or in violation of any of the provisions or conditions of such permit or this chapter. Article VI(C). ENCRQACHMENT PERMITS Sec.10-86. Application. Application for County highway encroachment permit shall be made upon forms supplied. by the Director of Public Works and shall include the following information: a. Name and address of the applicant, the owner or other person responsible for the proposed encroachment and the contractor ar other person actually making the proposed encroachments; b. Nature of the encroachment; c. County highway affected; d. Time and duration of proposed encroachment; e. Site plans showing relation of encroachment to County highway; f. Supporting documents when required by the encroachment standards provided in this chapter for the type of encroachment proposed; g. Any other information required by the Director of Public Works; h. Proof of Liability Insurance in the amount specified by the County Risk Manager, naming Butte County as an additional insured. Proof of Liability Insurance is not required if the applicant is any special district (as defined by Government Code Encroachment Permit Ordinance March 1, 2005 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2$ 29 30 31 32 33 34 35 36 37 3$ 39 40 41 42 43 44 45 46 47 § 16271 {d)) providing public utility services or any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the State; Signature of the applicant; j. Date application is filed with the County Director of Public Works. Sec.10-87. Fees. The fee amount for encroachment permits, plan checking and inspection fees is set forth in Section 3-$1 of the Butte County Code. a. No encroachment permit shall be issued until the permit fee set forth in Sectian 3- $1 of this Code has been paid. b. Public Utility Companies: 1. In addition to the encroachment permit fee set forth in Sectian 3-$1 of this Cade ,the permittee may be required to pay the actual County costs of providing inspection of underground facilities, including, but not limited to, water lines, sewers, telephone lines, power lines, gas lines, electrical transmission lines, communication lines, pipelines and cables that are placed within the right-of--way limits of the County roads. The inspection fee shall be chargeable to the owner of the utility. 2. When actual inspection costs are required to be paid, the permittee shall deposit a minimum of three hundred dollars {$3©0) with the Director of Public Works against which the County's actual cost will be charged. 3. Upon completion of the work, if the County's cost is less than the amount of the deposit, the County shall either refund any amount remaining from the deposit after the County's cost has been deducted or apply the amount remaining to a future permit. If the County's cost exceeds the amount of the deposit, the permittee shall pay an additional amount to fully compensate the County far its cost. 4. Public Agencies, special district {as defined by Government Code § 16271 {d)) providing public utility services or any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the State, may upon request and at the discretion of the Director of Public Works, be invoiced {billed) for the above referenced fees and charges. Encroachment Permit Ordinance March 1, 2005 Page 5 1 2 3 4 5 b 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2$ 29 30 31 32 33 34 35 36 37 38 39 4a 41 42 43 44 45 46 47 c. If any portion of an encroachment has been made prior to issuance of a valid encroachment permit, the permit fee shall be two {2} times that established by Chapter 3 of the Butte County Code, except as provided in Section 10-91. d. No notice of an appeal to the Board of Supervisors pursued under Section 14-94 of this chapter shall be accepted until an appeal fee in the amount set forth in Section 3-43 of this Code has been paid to the Clerk of the Board. e. All such fees paid to the Director of Public Works shall be paid into the County Road fund. A receipt shall be given for each fee paid. The receipts shall be made in triplicate upon consecutively press numbered forms supplied by the County Auditor and a copy of each receipt issued or voided shall be delivered to the County Auditor at the time the funds represented thereby are deposited in the County treasury. No alterations or erasures shall be permitted and when an error is made, the receipt shall be voided by printing "void" across its face, and a new receipt issued. The other copies of the receipts shall remain attached to their binding and kept in the County Director of Public Works Department, subject to inspection at any time by the County Auditor. Sec.10-88. Deposit. The Director of Public Works may require a cash deposit ar bond to guarantee completion of construction anticipated in an encroachment permit application. a. A cash deposit or bond will not be required of any public agency or public utility having lawful authority to occupy the highways unless the applicant has failed to comply, as determined by the Director of Public Works, with the provisions of this chapter or with the provisions of any previous permit issued by the Director of Public Works. b. If a driveway encroachment is not able to be completed, as required for a certificate of occupancy due to seasonal adverse weather or soil condition, the Director of Public Works may accept a cash deposit or other security in a form approved by the County Counsel's office of one thousand dollars {$1.,000) as a guarantee that the encroachment will be completed within a period not to exceed six {6) months from the deposit of the bond. If the encroachment is not completed within the time limit, the County may let a contract to complete that portion of the work required within the County road right-of--way. Any funds remaining after deducting an amount sufficient to cover actual County costs and the payment to the contractor, if applicable, will be refunded to permittee. Sec.10-$9. issuance. After receipt of an application, accompanied by the required documents, payment of the required fees, and posting of any required deposit, the Director of Public Works may issue an Encroachment Permit Ordinance March 1, 2005 Page 6 1 2 3 4 5 b 7 8 9 l0 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4Q 4l 42 43 44 45 46 47 encroachment permit therefore upon standard forms prepared by the Director of Public Works, provided all of the requirements of this chapter have been met. Sec. 10-90. Conditions of Issuance. Every permit issued by the Director of Public Works shall be subject to the following conditions, which shall be specified in the permit: a. The encroachment permit may be revoked at time by the Director of Public Works far health and safety reasons. b. The encroachment permit is subject to all of the requirements and provisions of the County road encroachment ordinance and any past and future amendments thereof and any special conditions placed on the permit. Sec. IQ-9I. Permit Exceptions. In the case of an emergency by a public utility requiring an immediate encroachment andlor excavation upon a County right of way when the Department is nat open, the person making the emergency encroachment andlor excavation shall make application far a permit on the next business day following the encroachment andlor excavation whether the work has been completed or not. Sec. 10-92. Annual Permits for Public Utilities. Any special district (as defined by Government Code § 16271 {d}) providing public utility services or any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the State, may obtain a permit from the Director, valid for one (1) year from the date of issuance, permitting the person to: a. trim, brace, remove or perform such other acts with respect to trees growing upon the public highways within the unincorporated areas of the County, or which grow upon private property, to the extent that such trees encroach upon the public highways, as may be necessary to maintain the safe operation of that person's business. b. conduct emergency repairs; c. install an individual service line outside of pavement; d. patch paving asphalt concrete pavement; as may be necessary to comply with the safety regulations of the Commission and as may be necessary to maintain the safe operation of its business. e. Annual permits shall not be issued for any activity which disturbs the surface ar subsurface of any county highway, except solely to patch paving asphalt concrete Encroachment Permit Ordinance March 1, 2005 Page 7 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 pavement; nor for excavation, tree removal, root cutting, tree destruction, nor for any activity other than planting, pruning, or bracing trees, or patching paving asphalt concrete pavement. Activities other than planting, pruning, or bracing trees, or patching paving asphalt concrete pavement, and shall be permitted only pursuant to site specific permits which authorize a specific project or operation, f. The Director of the Department of Public Works may revoke any such annual permit if the permittee fails to comply with the provisions of this chapter and/or Streets and Highways Cade, Division 2, Chapter 5.5, Article 2 and/or the terms and conditions of any permit. When any such permit is revoked, such person is entitled to a permit only on furnishing a band as provided in Streets and Highways Code Section 1467, or its successor, unless the revocation is reversed by the Board of Supervisors or a court of law. Sec. 10-93. Refusal or Revocation. Any application for an encroachment permit may be denied, and any encroachment permit issued may be revoked, by written order of the Director of Public Works, effective immediately, a copy of which shall be mailed to the permittee at the address specified in the permit, upon any one ar more of the following grounds: a. Violation of any of the provisions of this chapter, b. Misrepresentation of any material fact in the application; c. Violation of any of the terms or conditions of the permit; d. Failure to comply with the provisions of this chapter and/or Streets and Highways Code, Division 2, Chapter 5.5, Article 2 and/or the terms and conditions of any permit. e. When any such permit is revoked, such person is entitled to a permit only on furnishing a bond as provided in Streets and Highways Code Section 1467, or its successor, unless the revocation is reversed by the board of supervisors or a court of law. Sec.10-94. Appeal. The action of the Director of Public Works in: a. Refusing to issue an encroachment permit; b. Failing to act upon an application for an encroachment permit within thirty days after it is filed and has been deemed complete by the Director of Public Works; c. Imposing unreasonable terms or conditions on the permit; or Encroachment Permit Ordinance March 1, 20Q5 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 d. Revoking an encroachment permit; may be appealed to the board of supervisors by filing a notice of appeal and submitting payment of an appeal fee in the amount set forth in Section 3-43 of this Code with the Clerk of the Board within ten (10) days following the action appealed from. The notice shall state one or more of the grounds for appeal set forth in this section relied on by the appellant. Within thirty (30} days following receipt of the notice, The Clerk shall schedule the appeal to be heard by the Board of Supervisors and shall notify the appellant and the Director of Public Works of the date and time of the hearing on the appeal. At the time fixed for the hearing, the Board of Supervisors may take such action on the permit as the Board finds just, and may continue the hearing on the appeal from time to time by order entered in its minutes specifying the date and time of the continued hearing. Article VI(D). CONSTRUCTIOlti1 STANDARDS Sec.10-95. Establishment. In addition to the County Improvement Standards, the Director of Public Works may establish typical details as standards for the encroachments set forth in this chapter. Sec. 10-9b. Underground Utility Excavations. All underground utility excavations made on County highways shall comply with the fallowing requirements: a. All excavations shall be evenly cut from the grade to a depth which will provide a minimum cover of thirty inches {30"} between the top of any object placed in the excavation and the bottom of the lowest ditch draining the road, measured at right angles to the centerline of the road. Pavement shall be scored to provide even break. b. A11 excavations shall be backfilled in conformance with the Improvement Standards adopted by Resolutions of the Board of Supervisors and any modifications thereto as noted in the encroachment permit. c. After compacting the backfill, at a minimum, the road shall be surfaced in the same manner as the road was surfaced prior to the excavation. In no case shall the wearing surface, on paved or chip sealed roads, be less than two inches (2") asphaltic concrete Type B 3!a" max., medium grading over 8" class 2 aggregate base 3l4 "max. grading. d. Where an excavation consists of trenching parallel to the centerline of the road, the total length of open trench shall not exceed five hundred feet (500'} at any time. Encroachment Permit Ordinance March 1, 2005 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 e. The person making any excavation on a County highway shall place warning signs and devices and take such other safety measures as necessary, including flagmen, to warn persons using the road of the excavation and to prevent injury to persons or damage to property lawfully on the road. f. The work shall be done in an expeditious manner so as to cause as little inconvenience to the traveling public as possible. One lane of traffic must be allowed to pass at all times unless a convenient detour is approved by the Director of Public Works. At night, and during other periods when work is not in progress, two (2} ten foot (10') lanes must be kept open for traffic. Sec. 10-97. Obstructions. All obstructions placed on County highways shall comply with the following requirements: a. No abstraction shall be placed upon or over any County highway which changes the route of, or otherwise interferes with, the normal flow of vehicular traffic on the road. b. Na obstruction shall be placed upon or over any County highway which would obstruct the view of traffic between any two points on the road within five hundred feet (500'} of each other. c. Na obstruction shall be placed over any County highway which reduces the vertical clearance below sixteen feet (16'} from the road surface. Sec. 10-98. Access Roads. Any new access to be constructed to connect to a County highway requires issuance of an encroachment permit prior to construction. a. No person awning land abutting a County highway shall be refused an encroachment permit far one access road from a County highway to his abutting property at a point on the boundary line between the County right-of--way and his abutting property designated in the permit unless either: (1}there is no point along the boundary line at which an access road can be constructed to provide access with safety to persons traveling the County road; or (2} there is existing access control, such as a 1-foot no access strip or relinquishment of abutters rights, at the proposed encroachment location, prohibiting access without specific approval by the Board of Supervisors. Any access road which does not meet the requirements of this section shall be deemed unsafe to persons using the access road and to persons traveling the County road. b. Every access road or driveway approach to a County highway authorized by an encroachment permit issued pursuant to this chapter shall comply with ail Encroachment Permit Ordinance March 1, 2005 Page 10 i 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 applicable requirements of the "Improvement Standards" adopted by resolution or ordinance of the board of supervisors Sec. 10A9. Cuts and Fi11s. Any cut into or fill upon the natural ground surface upon land adjacent to a County highway, any point on which measures horizontally less than two (2) times the depth of the cut ar fill from the closest right-of--way boundary line of the County highway, shall comply with the following requirements: a. The slope of any part of the cut ar fill shall not exceed forty-five degrees {45°) from the horizontal, unless it is held by a retaining wall; b. Any retaining wall constructed on the cut or fill shall be constructed in accordance with the specifications required in the encroachment permit; c. No fill or retaining wall shall be placed in any location wherein it is foreseeable that the fill or wall may back natural drainage waters over any portion of the right-of--way of any County road, street or highway." Section 2. The Board of Supervisors hereby finds that the approval of this Ordinance is exempt from further review under the California Environmental Quality Act because, pursuant to Title 14 of the California Code of Regulations Section 15307 this Ordinance constitutes an action taken by a regulatory agency as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment pursuant to State CEQA Guidelines section 15307. Therefore, County staff is hereby directed to file a Notice of Exemption upon adoption of this Ordinance. Section 3, Severability. If any provision of this Ordinance or the application thereof to any person or circumstances is for any reason held to be invalid by a court of competent jurisdiction, such provision shall be deemed severable, and the invalidity thereof shall not affect the remaining provisions or other applications of the Ordinance which can be given effect without the invalid pravision or application thereof. Section 4. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed to publish this ordinance before the expiration of fifteen (15) days after its passage. This Ordinance shall be published once, with the names of the members of the Board of Supervisors voting for and against it, in the Enterprise-xecorc} a newspaper of general circulation published in the County of Butte, State of California. Encroachment Permit Ordinance March 1, 2005 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 22nd day of March , 2005, by the following vote: AYES: Supervisors Connelly, Bolan, Houx, Jasiassen and Chair Yamaguchi NOES: None ~: ABSENT: None ' NOT VOTING: None Kim K. Yamaguchi, Chair of the Butte County Board of Supervisors ATTEST: PAUL McINTOSH, Chief Administrative Officer and Clerk of the Board " 13 y_ ' ~%t ~.~ Encroachment Permit Cirdinance March 1, 2045 Page 12