HomeMy WebLinkAboutOrdinance 2266 N.C.S. 04/02/20071
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EFFECTIVE DATE ORDINANCE NO. 2266 N.C.S.
OF ORDINANCE
May 2, 2007
Introduced by Seconded by
Mike O'Brien Teresa Barrett
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
ADDING CHAPTER 13.14, RESTRICTIONS ON EXCAVATION IN NEWLY CONSTRUCTED OR
RESURFACED PUBLIC RIGHTS -OF -WAY, TO THE
PETALUMA MUNICIPAL CODE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1. Chapter 13.14, Restrictions on Excavation in Newly Constructed or Resurfaced Public
Rights -of -Way, is hereby added to Title 13 of the Petaluma Municipal Code as follows:
Chapter 13.14 Restrictions on Excavation in Newly Constructed or Resurfaced Public Rights -of -
Way
13.14.010 Findings and Purpose
A. There is a substantial government interest in protecting public rights -of -way from
damage or failure in order to maintain them for the convenience and use of the
public and prevent unnecessary expenditure of public resources.
B. The City desires to continue to provide all required means of access to and in
City's public rights -of -way which may be mandated by state or federal law
and/or City law, regulation or permit to entities, including but not limited to,
utilities, franchise operators and constructors of public improvements.
C. Excavation and trenching in public rights -of -way may result in premature road
damage from compaction of joints or patches.
Ordinance No. 2266 N.C.S.
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D. The public health, safety and welfare is served when the City requires public
rights -of -way surfaces to be restored after trenching or cutting to their pre-
existing functional condition, including restoration of an equivalent useful life of
the surface of the public rights -of -way.
E. The City desires to impose reasonable restrictions upon cutting or trenching of
newly constructed, reconstructed or resurfaced public rights -of -way in order to
ensure that said public rights -of -way are maintained, restored for use by the
public, protected from damage or failure and continue to serve the public for
the full useful life of the public rights -of -way surface.
13.14.020 Definitions
A. Emergency
An emergency under this Chapter is:
(i) A condition that presents an immediate danger to life or property;
(ii) Interruption of essential utility service;
(iii) Installation of utility services for buildings for which no other reasonable
means of providing utility services exists;
B. Exceptions
Exceptions, which are not subject to the prohibitions on excavation and cutting
set forth in this Chapter but which are subject to the restoration requirements of
this Chapter, are:
(i) Work that the City is required to allow pursuant to state or federal law
and/or City law or regulation or permit.
(ii) Installation of automatic fire sprinkler systems in pre-existing buildings in the
Historic Downtown Business District.
(iii) Work which the City's Public Works Director and/or City Engineer or their
designee(s) determine to be in the best interests of the public.
Ordinance No. 2266 N.C.S.
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1 (iv) Work pursuant to a development permit or entitlement authorized by the
2 City Council.
3 13.14.030 Rights -of -Way Excavation and Cutting Restrictions
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A. For streets, alleys, and other public rights -of -way that are newly constructed,
reconstructed, or resurfaced, the following shall apply:
(1) Excavation and cutting in the public rights -of -way shall not be permitted for a
period of five (5) years from date of completion of the construction,
reconstruction or resurfacing.
(2) If excavation or cutting is allowed as an emergency or an exception, as defined
herein, the permittee, as a condition of approval, shall restore the surface of the
public rights -of -way following excavation or cutting by grinding two (2) inches of
existing pavement, curb -to -curb and repaving the surface for a distance of at
least twelve and a half (12.5) feet from each side of a traverse street cut and/or
up to one (1) lane width beyond each side of a longitudinal trench, and up to
twelve and a half (12.5 ) feet beyond each end of a longitudinal trench, using a
properly licensed contractor.
B. For streets, alleys, and other public rights -of -way that were constructed or resurfaced
using slurry seal, the following shall apply:
(1) Excavation and cutting in the public rights -of -way shall not be permitted for a
period of two (2) years from date of completion of the slurry seal.
(2) If excavation or cutting is allowed as an emergency or an exception, as defined
herein, slurry seal, the permittee, as a condition of approval, shall restore the
surface of the public rights -of -way after cutting or excavation by applying a type
ii slurry using a licensed road slurry contractor over the surface, curb to curb, from
each side of a traverse street cut; and/or up to one (1) lane width beyond each
Ordinance No. 2266 N.C.S. Page 3
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side of a longitudinal trench and up to twelve and a half (12.5 ) feet beyond
each end of a longitudinal trench.
(3) The extent or amount of reconstruction, resurfacing or slurry seal application
required shall be that which, in the determination of the city's director of public
works or city engineer, or their designee(s), is required to return the public rights -
of -way to as good a condition as existed before the excavation or cutting work,
in the sense of restoring the functional condition of the public rights -of -way and
ensuring that the useful life of the public rights -of -way is no shorter after the
excavation and cutting than before. The decision of the city official making this
determination shall be final.
13.14.040 Notice
The City shall post on the City of Petaluma website a list of public rights -of -way
that are scheduled for paving, reconstruction, or resurfacing in the next two
years, as well as a list of public rights -of -way that are newly paved, reconstructed
or resurfaced and subject to the provisions of this Chapter, together with the
date of completion for each listed public rights -of -way project. Property owners,
utilities and the general public shall have access to the listed information on the
website. Prior to the commencement of a public rights -of -way resurfacing or
reconstruction project, the City will make every effort to notify adjacent property
owners of the restrictions imposed by this Chapter.
13.14.050 Supplemental Provisions
The provisions of this Chapter supplement and are in addition to the requirements of
Chapter 13.12. No permit for excavation shall be issued pursuant to Chapter 13.12
except in conformation with the provisions of this Chapter.
Ordinance No. 2266 N.C.S.
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2 Section 2. CEQA Analysis. The City Council finds that adoption of this ordinance is exempt from
3 the California Environmental Quality Act ("CEQA"), pursuant to the CEQA Guidelines, 14
4 California Code of Regulations, Section 15061(b) (3), (no possibility that the activity may have a
5 significant impact on the environment).
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Section 3. Severability. If any section, subsection, sentence, clause or phrase or word of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of Petaluma hereby declares that it would have
passed and adopted this ordinance and each and all provisions thereof irrespective of the fact
that any one or more of said provisions be declared unconstitutional, unlawful or otherwise
invalid.
Section 4. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 5. The City Clerk is hereby directed to post this ordinance for the period and in the
manner required by the City Charter.
INTRODUCED and ordered posted/dished this 19t" day of March, 2007.
ADOPTED this 2nd day of April 2007 by the following vote:
AYES:
Barrett, Freitas, Harris, Vice Mayor Nau, O'Brien, Rabbitt, Mayor Torliatt
NOES:
None
ABSENT:
None
ABSTAIN:
None
Ordinance No. 2266 N.C.S. Page 5
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ATTEST:
D
Claire Cooper, City Clerk
APPROVED AS TO FORM:
no
Eric W. Danly, Cit Attorney
Ordinance No. 2266 N.C.S.
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