CHAPTER 16
STREETS AND SIDEWALKS

Article I. Encroachments.

16.1 to 16.4 Repealed by Ordinance No. 65-10.

16.4.1 Definitions.

For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section.

City communications infrastructure. Conduits, pull boxes, and other related facilities that are deployed by the City in furtherance of the City’s strategic and operational goals for telecommunications infrastructure.

Conduit. A pipe or tube through which water, wastewater, or gas is conveyed, or which is used to protect electrical or communications cables.

Director of public works. The city engineer of the city or his authorized agent.

Encroach or encroachment. Going over, upon or under, or using a right of way or water course in such a manner as to prevent, obstruct or interfere with its normal use, including the performance thereon of any of the following acts:

(1) excavating, filling or disturbing the right of way or water course; (2) erecting or maintaining any flag, banner, post, sign, pole, fence, guardrail, wall, loading platform, mailbox, pipe, conduit, wire or other structure on, over, or under a right of way or water course; (3) planting any tree, shrub, grass or other growing thing within a right of way or water course; (4) placing or leaving on a right of way or water course any rubbish, brush, earth or other material of any nature whatsoever; (5) constructing, placing or maintaining on, over, under or within the right of way any pathway, sidewalk, driveway, curb, gutter, paving or other surface or sub surface drainage structure or facility, any pipe, conduit, wire or cable; (6) traveling on the right of way by any vehicle or combination of vehicles or object of dimension, weight or other characteristic prohibited by law without a permit; (7) lighting or building a fire; (8) constructing, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to a right of way or water course which causes or will cause an encroachment.

Excavation costs. Those costs associated with any work in the surface or subsurface of the public right-of-way, including, but not limited to opening the public right-of-way; installing, servicing, repairing or modifying any facility(ies) in or under the surface or subsurface of the public right-of-way, and restoring the surface and subsurface of the public right-of-way.

Facility. Any tangible asset in the public right-of-way required to provide utility service. Includes any and all cables, cabinets, ducts, conduits, converters, equipment, drains, handholds, manholes, pipes, pipelines, splice boxes, surface location markers, tracks, tunnels, utilities, vaults, and other appurtenances or tangible things owned, leased, operated, or licensed by an owner or person that are located or are proposed to be located in the public right-of-way.

Incremental cost. The cost associated with adding City communications infrastructure to an excavation project, including the cost of the materials needed by the City and any additional labor costs.

Permittee. Any person, firm or corporation that proposes to do work or encroach upon a city right of way or water course as herein defined and has been issued a permit for such encroachment by the director of public works.

Private contract. A contract between two or more parties for the installation, construction, revision, operation or creation of an encroachment, to which contract the city is not a party.

Public Right-of-Way. Land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the general public for street, highway, alley, public utility, storm drainage, water, sanitary sewer or pedestrian walkway purposes.

Public street. The full width of the dedicated right of way of any road, street, highway, alley, lane, sidewalk, curb and gutter, or pedestrian walkway used by or for the general public.

Public Works Department. The Public Works Department or any successor City agency that is responsible for managing access to and use of public rights-of-way, deploying and managing City communications infrastructure and providing network communications and applications support for the City.

Public Works Requirements. The Public Works Department’s published standards and specifications for implementing the Public Works Department’s participation in excavation projects involving the installation of City communications infrastructure.

Restoration. The process by which an excavated public right-of-way and surrounding area, including pavement and foundation, is returned to the same or better condition that existed before excavation.

Right of way. Land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the general public for street, highway, alley, public utility, storm drainage, water, sanitary sewer or pedestrian walkway purposes.

Standard City communications infrastructure specifications. The type, size, and quantity of conduits, cross section, the size and frequency of pull boxes, and any other facilities that the Public Works Department determines are necessary to serve the City’s communications needs, as contained in the City’s current Standard Details and Specifications.

Trench. A form of excavation to install underground infrastructure or utilities such as fiber optic cables, gas or water mains, or electric lines. Such excavation is different from micro-trenching in that different equipment is used, the resulting opening in the ground is wider and deeper, and greater site preparation, clean-up and restoration activities are required. Micro-trenching shall not be allowed.

Utility Service. (1) Those services provided by a public utility as defined under applicable California statutes; (2) service provided by, or the transporting of voice or data information by, a telecommunications right-of-way user as defined under applicable California statutes; (3) service provided by cable communications systems as defined under applicable California statutes; (4) natural gas or electric energy or telecommunications service provided by a local government unit; (5) service provided by a cooperative electric association organized under the provisions of California law; and (6) water, sewer, district cooling or heating systems.

Water course. A channel for the carrying of storm water, including both natural and artificial water courses. (Ord. No. 74-25, § 1; Ord. No. 2021-10, § 1.)

16.4.2 Exemptions from applicability of article.

This chapter shall not apply to officers or employees of the city acting in the discharge of their official duties, or to any work being performed by any person at the request of and pursuant to a public works contract with the city. The director of public works shall have the authority to issue exemptions in exceptional instances. (Ord. No. 74-25, § 2.)

16.4.3 Permit to encroach on right of way or watercourse Restrictions on use.

All permits granted subject to this chapter shall be subject to the right of the city, and any person entitled thereto, to use any part of a public right of way for any purpose for which it may be lawfully used; and no part of a right of way may be unduly obstructed at any time. (Ord. No. 74-25, § 3.)

16.4.4 Same - Required; restriction to single parcel development.

No person shall encroach or cause to be made any encroachment of any nature whatever within, upon, over or under the limits of any right of way or watercourse; or make or cause to be made any alteration of any nature within, upon, over or under such right of way or watercourse; or construct, put upon, maintain or leave thereon, or cause to be constructed, put on, maintained, or left thereon, any obstruction or impediment of any nature whatever; or remove, cut or trim trees thereon, or set a fire thereon, or place on, over or under such right of way any pipe line, conduit, or other fixtures; or move over or cause to be moved over the surface of any right of way or over any bridge, viaduct, or other structure maintained by the city, any vehicle or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics capable of damaging the right of way; or place any structure, wall, culvert or similar encroachment, or make any excavation or embankment in such a way as to endanger the normal usage of the right of way or watercourse without having first obtained a permit as required by this article. An encroachment permit will normally be used only for a single parcel development. (Ord. No. 74-25, § 4.)

16.4.5 Same - Exception in case of emergency.

This article shall not prevent any person from maintaining any pipe or conduit lawfully on or under any public street, or from making excavation, as may be necessary for the preservation of life or property when an urgent necessity therefor arises during the hours of office of the city are closed; except, that the person making an emergency use or encroachment on a public street shall apply for a permit therefor within one calendar day after the offices of the city are again opened. (Ord. No. 74-25, § 5.)

16.4.6 Same - Application; form; term; display, transfer; changes; fees.

(a)    Application for permit. The director of public works shall prescribe and provide a regular form of application for the use of applicants for permits required by this article. The application shall show such information and details as the director of public works may deem necessary to establish the exact location, nature, dimensions, duration and purpose of the proposed use or encroachment.

(b)    Exhibits required. The application shall be accompanied by maps, sketches, diagrams or similar exhibits, to the size and in the quantity as the director of public works may prescribe, sufficient to clearly illustrate the location, dimensions, nature and purpose of the proposed encroachment and its relation to existing and proposed facilities in the right of way or watercourse.

(c)    Consent of public agencies. The applicant shall also enclose with, attach or add to the application the written order or consent to any work thereunder, required by law, of the public utilities commission, sewer district, state department of transportation or any other public body having jurisdiction. A permit shall not be issued until and unless such order or consent is first obtained and evidence thereof filed with the director of public works. The permittee shall keep himself adequately informed of all state and federal laws and local ordinances and regulations which in any manner affect the permit. The applicant shall at all times comply with and shall cause all his agents and employees to comply with all such laws, ordinances, regulations, decisions, court and similar authoritative orders.

(d)    Action on applications. Applications may be approved, conditionally approved, or denied. The director of public works may use up to two working days to field check existing conditions related to the permit prior to issuance. Where the director of public works finds that the application is in accordance with the requirements of this article, he shall issue a permit for the use or encroachment, attaching such conditions as he may deem necessary for the health, safety, and welfare of the public and for the protection of the city. If the director of public works finds the application has failed to comply with Sections 16.4.6(o) and 16.4.27 of this code, he or she shall deny the permit, giving the reasons for such denial.

(e)    Excavation prohibited. The city shall have the power to deny a permit involving excavation in the traveled way of newly constructed and/or heavily traveled streets.

(f)    Form and validity. Permits must be written on a form prescribed by the director of public works which are on file at the city hall. No permit shall be valid unless signed by the director of public works or his authorized representative.

(g)    Term for beginning of work. The permittee shall complete the work or use authorized by a permit issued pursuant to this article within seven calendar days from date of issuance, unless a different period is stated in the permit. If the work or use is not begun accordingly, then the permit shall become void.

(h)    Term for completion of work. The permittee shall complete the work or use authorized by a permit issued pursuant to this article within fourteen days from the date of issuance unless a different time limit is specified in the permit. Should the permittee be unable to complete the work before the permit expires, a time extension may be granted. It shall be the permittee’s responsibility to notify the city in writing of the reason for the delay. If a time extension is justified, the extension will be noted on the permit. Failure to obtain an extension shall require the permittee to make application for a new permit. Any work done without a valid permit will require a special field investigation and resulting field investigation fee. If at any time the director of public works finds that the delay in the prosecution of completion of the work or use authorized is due to lack of diligence on the part of the permittee, he may cancel the permit and restore the right of way or watercourse to its former condition. The permittee shall reimburse the city for all expenses incurred by the director of public works in restoring the right of way or watercourse.

(i)    Display. The permittee shall keep any permit issued pursuant to this article at the site of work and the permit must be shown to any authorized representative of the director of public works or law enforcement officer on demand.

(j)    Nonassignment. Permits shall be issued only to the person making application therefor and may not be assigned to another person or location by the permittee. If any permittee assigns his permit to another or another location, the permit shall become void.

(k)    Changes in permit or work. No changes may be made in the location, dimension, character or duration of the encroachment, or use as granted by the permit except upon written authorization of the director of public works. No permits shall be required for the continuing use of maintenance of encroachments installed by public utilities, for changes, additions or extensions therein or hereto where such use, maintenance, changes, additions or extensions require no excavation of the right of way.

(l)    The City Council may from time to time establish, by resolution, fees for encroachments pursuant to the Article, and prescribe the time at which such fees become due and payable to the City.

(m)    Field investigation fees. Whenever any work for which a permit is required under the provision of this article is started or proceeded with prior to obtaining such permit, or when a permit has expired, a special field investigation shall be made, and a field investigation fee shall be collected in addition to any other fees. The payment of the field investigation fee shall not exempt any person from fully complying with the provisions and requirements of this article in the execution of the work nor from any other penalties prescribed by law.

(n)    Trench cut fee.

(1)    No person shall excavate in a public street without, in addition to all other requirements of this Article, paying a trench cut fee. The trench cut fee shall be set by resolution of the City Council and shall not exceed the reasonable cost necessary to mitigate the degradation to the public streets caused by such excavation. Funds collected as trench cut fees shall only be expended for the rehabilitation, resurfacing, maintenance and repair of public streets.

(2)    To the extent an excavation of a public street is performed pursuant to a valid franchise or agreement, which was entered into prior to the adoption of this Subsection and which grants the franchise holder or party to the agreement a specific right to perform such street excavation within the City without being subject to fee requirements, such as those set forth herein, the excavation shall not be subject to the fee requirement set forth herein.

(3)    Notwithstanding Section 16.4.2 (Exemptions from applicability of article) of this Article, for any excavation of a public street being performed by or for the benefit of a city enterprise, such enterprise fund may pay the trench cut fee imposed pursuant to this Subsection to offset the cost to the City for rehabilitation, resurfacing, maintenance and repair of public streets. (Ord. No. 84-41, § 1.)

(4)    The Public Works Director may waive the trench cut fee imposed pursuant to this article in exchange for street improvements that offset the need for resurfacing, maintenance and repair caused by the street excavation.

(o) Coordination with the City.

(1)    An applicant for an encroachment permit under this section for the placement of facilities in, along, across, or through the public right-of-way shall comply with the requirements of this article.

(2)    Prior to applying for an encroachment permit, any person planning to excavate in the public rights-of-way shall review the utility master plans and the City’s repaving plan on file with the director of public works and shall coordinate, to the extent practicable, with the utility and street work shown on such plans to minimize damage to, and avoid undue disruption and interference with, the use of public rights-of-way. Such coordination shall include the provision that whenever two or more parties (i.e., the City or any applicant) have proposed a major excavation in the same block, they shall meet and confer with the City regarding whether it is feasible to conduct a joint operation excavation.

(3)    In order to encourage coordination of excavation and pavement scheduling and planning between the City and excavators, the City shall update, at least annually, the streets included in the current year’s pavement rehabilitation plans. Information identifying public rights-of-way that are subject to moratorium provisions, and the moratorium expiration date for each such right-of-way shall be made available upon request. Public rights-of-way included in the City’s pavement rehabilitation plans shall be available for review online at the Department of Public Works’ website.

(4)    The director of public works shall conduct a working group meeting at least once each year at which utilities, public agencies, and other interested parties may meet to coordinate excavation and repaving schedules, which requirement may be satisfied by the Department’s regular Underground Utility Meetings. The director shall maintain a list of those requesting notice of the working group meeting, and shall provide notice, via mail or e-mail at least thirty (30) days prior to the meeting date, of the time and location of the meeting to each person who has requested notice. If the initial working group meeting is not completed on the designated meeting date, the meeting may continue on a subsequent date as the director announces at the end of the first meeting.

(5)    Each year, the director of public works shall make available to the utilities the roads selected for overlay. Such list may be referred to as the Annual Pavement Rehabilitation Project List. Any utility or public agency may mail written notice to the director of their intention to excavate in a public right-of-way that has been identified in the Annual Pavement Rehabilitation Project List by identifying the location and dimensions of the planned excavation and the estimated commencement and completion dates of the work. The date of completion of the planned excavation shall be no later than three years after the date of notice of the Annual Pavement Rehabilitation Project List. The notice of intention to excavate shall be mailed not more than 60 days after mailing of the Annual Pavement Rehabilitation Project List. After receipt of a timely notice, the City may delay any anticipated repaving of the affected public right-of-way to a date after the planned excavation.

(6)    To avoid future excavations and to reduce the number of street excavations, telecommunication companies shall be requested, when practical, to install spare conduits.

(p) Need for City Communications Infrastructure.

(1)    To further the City’s strategic and operational goals for telecommunications services and deployment of a public communications network, the director of public works, or his or her designee, shall consider adding City communications infrastructure to any encroachment permit issued under this article for the placement of underground conduit in, along, across, or through any public right-of-way.

(2)    Notice Required.

a.    To the extent feasible, the director of public works, his or her designee, or an applicant as required by the director of public works, shall notify all known telecommunications service providers of an impending excavation and afford all such service providers the opportunity to utilize the excavation to install, upgrade, co-locate, repair, or improve their telecommunication facilities during such an excavation project. Any such notice shall be provided at least thirty (30) days prior to the commencement of excavation. All service providers utilizing the same excavation shall be responsible for their proportionate share of the excavation costs, including but not limited to the costs of permitting. No excavation may occur in violation of an excavation moratorium in effect unless otherwise approved by the written consent of director of public works.

b.    Notice is required when the proposed underground conduit installation will be at least 300 linear feet, or such other distance as the Public Works Department may establish in the Public Works Requirements.

c.    All construction, reconstruction, and repaving within a City right-of-way shall include a provision for the installation of a public utility infrastructure, such as conduit, tube, duct, or other device designed for enclosing telecommunications wires, fibers, or cables, unless the public works director determines that such installation is not practical or feasible.

d.    An encroachment permit shall be required and will be charged based on staff time spent at the rate in effect as established by the duly adopted Master Fee Schedule for engineering plan review.

The director of public works, or his or her designee, may exempt projects from these requirements where it is determined that it is not practical, feasible, or for any other consideration. Requests for an exemption must be made in writing with an explanation as to why the project should be exempted. Cost shall not be the determining factor whether a project may be exempted. A determination from the director of public works is the final administrative determination of the matter and is not appealable.

(3)    Response to Notice. Upon receipt of a notice issued pursuant to subsection (2) above, the Public Works Department shall review the notice to determine whether adding City communications infrastructure to the proposed excavation project would be both financially feasible and consistent with the City’s goals.

(4)    Approval of Application. The City shall approve an application and issue a permit if the City finds that an applicant has complied with this chapter and all applicable provisions in the Public Works Requirements.

(5)    Applicant’s Incremental Costs. The City shall be responsible for the applicant’s incremental costs, as calculated by the Public Works Requirements, in the event the City installs City-owned infrastructure within the duration of the applicant’s permitted excavation.

(q) Adoption of Requirements.

(1)    The Public Works Department shall develop and implement the Public Works Requirements consistent with the intents of this article.

(2)    The purpose of Public Works Requirements is to specify the circumstances under which the City may participate in an excavation project.

(3)    Minimum Requirements. At a minimum, the Public Works Requirements shall contain the following procedural and substantive requirements for the installation of City communications infrastructure in excavation projects:

a.    The process for the Public Works Department to review planned excavation projects in a timely manner to determine if City participation is feasible and to verify its participation;

b.    The criteria to be used by the Public Works Department to decide whether to decline to participate in excavation projects;

c.    The standard technical specifications for City communications infrastructure to be included in the City’s Standard Details and Specifications;

d.    The standard methodology for determining the incremental costs associated with installing City communications infrastructure in excavation projects;

e.    The requirements and process for excavators to seek exemptions from using the City’s standard methodology for determining incremental costs when installing standard City communications infrastructure in excavation projects; and

f.    Alternative methodologies for determining the City’s incremental costs when exemptions are granted. (Ord. No. 74-25, § 6; Ord. No. 2014-06, §§ 1 – 3; Ord. No. 2015-09, §§ 1, 2; Ord. No. 2021-10, §§ 2, 4 – 6.)

16.4.7 Bonds and insurance.

(a)    Performance bond. The city shall require a cash bond of all licensed contractors doing encroachment permit type work. Such cash deposit shall be in the amount noted in the fee schedule and shall be maintained in that amount so long as the contractor is licensed to conduct operations within the city. A larger cash bond may be required by the director of public works, if necessary.

(b)    Condition of bond. The condition of the performance bond made pursuant to this article shall be that the permittee will diligently and with good faith comply with all provisions of this code, city standards and specifications and the terms and conditions of the permit. Failure on the part of the contractor to complete the work noted on the encroachment permit will result in the city restoring the right of way to its former condition. All, or the portion as necessary, of the performance bond will be used to reimburse the city for its expenses.

(c)    Exclusions. Cash deposits normally will not be required of any public utility or public agency which is authorized by law to establish or maintain any works or facilities in, under, or over any public street or right of way. Street resurfacing work performed by the city will be reimbursed through regular billing procedures.

(d)    The director of public works may require permittee to take out, carry, and keep in force public liability insurance in the amount of $100,000, minimum. Permittee shall also obtain a certificate of insurance naming the City of Fairfield as insured to accompany the application, and the form of which shall be subject to the approval of the city attorney’s office. (Ord. No. 74-25, § 7; Ord. No. 87-2, § 1.)

16.4.8 Regulations as to liability, public safety, maintenance of traffic and fire hydrants.

(a)    Liability. The permittee will hold the city and its officers and employees harmless from, and will indemnify them against, all tort claims, tort liability and tort loss, and in particular from and against all such claims, liability and loss predicated on active or passive negligence of the city resulting directly or indirectly from operations under this permit. This hold harmless obligation shall not terminate during the life of this permit. The permittee shall inform itself as to the existence and location of all underground facilities and protect the same against damage. The permittee shall not interfere with any existing utility without the written consent of the director of public works and the owner of the utility. If it is necessary to relocate an existing utility, such relocation shall be done by the owner. No utility owned by the city shall be moved to accommodate the permittee, unless the cost of such owned utilities shall be similarly borne by the permittee, unless other contractual arrangements are made. The permittee shall support and protect all pipes, conduits, poles, wires or other underground structures affected by excavation work, and shall inform the owner if any damage occurs to such facilities during the conduct of its work. All repairs, including replacement of protective pipe coatings, shall be made by the owner of the damaged facilities, unless other arrangements are made. The expense of repairs of any damage shall be charged to the permittee. If any claim of such liability is made against the city, its officers or employees, permittee shall defend, indemnify and hold them, and each of them, harmless from such claim insofar as permitted by law.

(b)    Public safety. The permittee in the conduct of the work, use or maintenance of an encroachment authorized by a permit issued pursuant to this article shall provide, erect and/or maintain such lights, barriers, warning signs, patrols, watchmen and other safeguards as are necessary to protect the traveling public. If, at any time, the director of public works finds that suitable safeguards are not being provided, the city may provide, erect, maintain, relocate or remove such safeguards as are deemed necessary or may cancel the permit and restore the right of way to its former condition, all at the expense of the permittee. In addition, a field investigation fee shall be borne by the permittee. The warning signs, lights, and other safety devices shall conform to the applicable requirements of the vehicle code, the current sign manual issued and in use by the department of transportation of the state, and the city standard specifications.

(c)    Maintaining traffic. The permittee shall give particular attention to facilitating the flow of vehicular and pedestrian traffic. Unless prior written approval is obtained from the director of public works, the permittee may not: (1) obstruct more than one half of the area used by vehicles; (2) obstruct driveway approaches for a period exceeding one hour, and; (3) obstruct the area between the curb (or the shoulder if there is no curb) and the right of way line in such a way as to create a hazardous path for pedestrians. The use of flagmen is mandatory where the: (1) two way vehicular traffic has less than twenty four feet in which to pass, or; (2) where vehicular traffic must pass to the left of dividing islands in passing the site of the encroachment. The permittee may be required to remove excavated material from the site of the encroachment as it is excavated rather than stockpiling it on the street when such removal is necessary to permit traffic to pass freely and safely.

(d)    Fire hydrants. Access shall be maintained at all times. (Ord. No. 74-25, § 8.)

16.4.9 Notices.

(a)    Notices to city. All notices required by this article to be given by the permittee to the director of public works shall be given at his office at the city hall.

(b)    Notices to permittee. Any notice to be given to the permittee shall be deemed to have been received by him upon mailing to the address shown on the permit.

(c)    Beginning of work. Before beginning any work which is or includes excavation, construction of concrete sidewalks, curbs, gutters or driveway approaches, planting, trimming or removing trees, making, placing or causing an obstruction in the watercourse or traveled way, the permittee shall notify the director of public works twenty four hours in advance.

(d)    Completion of work. The permittee shall upon completion of all work authorized in the permit notify the director of public works. No work shall be deemed to be completed until notification of completion is given pursuant to this section and the work is accepted by the director of public works. (Ord. No. 74-25, § 9.)

16.4.10 Care of drainage facilities.

If the work, use or encroachment authorized in the permit issued pursuant to this article shall interfere with the established drainage, the permittee shall provide for proper drainage as directed by the director of public works. Should the permittee fail to properly care for drainage, the director of public works shall notify the permittee to take corrective action; if the permittee fails to complete such corrective action immediately upon receiving such notice, the director of public works shall take such action as may be necessary to correct the drainage at the expense of the permittee. (Ord. No. 74-25, § 10.)

16.4.11 Execution of work generally.

It shall be incumbent upon the permittee to plan and execute the work or use so as to cause the least inconvenience to the general public and abutting property owners. (Ord. No. 74-25, § 11.)

16.4.12 Maintenance of right of way or watercourse after completion of work.

For a period of one year after the completion of the work, the permittee shall repair and make good any injury or damage to any portion of the street which occurs as the result of work done under the permit, including any and all injury or damage to the street which would not have occurred had such work not been done. By the acceptance of the permit, the permittee agrees to comply with the above. The permittee shall, upon notice from the director of public works, immediately repair any injury, damage or nuisance, in any portion of the right of way or watercourse, resulting from the work done under the permit. In the event that the permittee fails to act promptly or should the exigencies of the injury or damage require repairs or replacement to be made before the permittee can be notified or can respond to the notification, the city may, at its option, make the necessary repairs to replacement or perform the necessary work; and the permittee shall be charged with all the expenses incurred in the performance of the work. (Ord. No. 74-25, § 12.)

16.4.13 Restoration of right of way or watercourse after completion of work.

(a)    Obstructions. Upon completion of the work, acts or things for which the permit was issued, or when required by the director of public works, the permittee shall replace, repair or restore the right of way at the place of work to the same condition existing prior thereto, unless otherwise provided in this article or in the permit. The permittee shall remove all obstructions, impediments, materials, or rubbish caused or placed within or upon the watercourse or the right of way of the public street under the permit, and shall do any other work or perform any act necessary to restore the watercourse or right of way to a safe and usable condition.

(b)    Repaving by city crews. Where an excavation is made in a street area that requires repaving with asphaltic paving materials, the director of public works shall make the final repair of the street surface. All fees for restoration shall be in accordance with the permit fee schedule.

(c)    Exceptions. Bonded subdivision work and major public works projects shall be exempt from complying with the above paragraph. (Ord. No. 74-25, § 13.)

16.4.14 Relocation, removal or abandonment necessitated by city.

If any future construction, reconstruction or maintenance work by the city on a watercourse or right of way requires the relocation, removal or abandonment of installations or encroachments in, on or under the watercourse or right of way, the permittee owning, controlling or maintaining such installations or encroachments shall relocate, remove or abandon the same at his sole expense; provided, that this provision shall apply to and remain in force and effect only so long as a street right of way upon which such installations or structures are located shall be used for usual street purposes and not as a freeway; and this provision shall cease to apply when such street shall become a freeway. When removal, relocation or abandonment is required, the director of public works shall give such permittee a written demand specifying the place of relocation or that the installations or encroachment must be removed, relocated, or abandoned. If such permittee fails to comply with such instructions, the city may cause the removal, relocation or abandonment of the encroachment at the expense of the permittee. (Ord. No. 74-25, § 14.)

16.4.15 Establishment of and conformance with standards and specifications.

The director of public works shall establish such standards and specifications as he may deem necessary for the proper construction, use and maintenance of encroachments. Any work or use done under such permit issued under provisions of this article shall conform to such standards and specifications. (Ord. No. 74-25, § 15.)

16.4.16 Authority of public works director to inspect and supervise.

The director of public works is authorized to make such inspections in person or through authorized subordinates, as he may deem necessary, in connection with permits issued under this article. All work done or uses under such permits shall be under the supervision of and to the satisfaction of the director of public works. (Ord. No. 74-25, § 16.)

16.4.17 Storage of materials near streets.

Unless otherwise approved by the director of public works, no material shall be stored within five feet of a public street; all earth materials from trenching or other operations shall be removed from the pavement, traveled way or shoulder as the trench is backfilled other work carried forward. (Ord. No. 74-25, § 17.)

16.4.18 Installation of pipes and conduits.

(a)    Method of installation. Installation of pipes and conduits shall be in conformance with current city standard specifications and details.

(b)    Minimum cover. The minimum cover over any and all pipes or conduits installed with the right of way shall be two feet of earth or imported materials, unless otherwise specified in the permit. Within the public street, the minimum cover of three feet shall be measured from the flow line of gutter, existing or planned. The director of public works is authorized to permit installation of pipes or conduits where three feet of cover cannot be provided because of topography, structures, or other engineering necessity.

(c)    Backfill. Unless special instructions are otherwise given by the director of public works, the backfilling of an excavation shall be done as specified in the city standard specifications and details. All backfilling shall be done to the satisfaction of the director of public works. (Ord. No. 74-25, § 18.)

16.4.19 Poles and transmission line carriers.

(a)    Clearance and types. Clearances and types in the construction of poles and transmission line carriers shall be in accordance with rules, regulations and orders of the public utilities commission and other public agencies having jurisdiction.

(b)    Guy wires. Guy wires shall not be attached to trees or interfere with their growth. Guy wires shall not be below the minimum elevation above the ground, prescribed in the rules, orders and regulations of the public utilities commission.

(c)    Method of removing and replacing. When a pole, brace, stub, or similar timber is removed and not replaced, the entire length thereof shall be removed from the ground and the hole backfilled and compacted. Where such pole, brace, stub or similar timber was located in an area paved with concrete, asphalt or other permanent surfacing, the area occupied shall be trimmed and resurfaced in kind to the satisfaction of the director of public works. (Ord. No. 74-25, § 19.)

16.4.20 Cutting exposed concrete pavement.

Any cuts made in exposed concrete sidewalk, curb, gutter, driveway or paving shall be defined by a saw cut to a depth of not less than one third the thickness of such concrete, to a maximum of one and one half inches. All cuts in concrete shall be made to the nearest score line unless otherwise permitted by the director of public works. The director of public works may require removal of additional concrete when necessary to present a suitable appearance upon restoration. (Ord. No. 74-25, § 20.)

16.4.21 Visibility of obstructions.

When the location or position of a pole or other obstruction makes accentuation of its visibility to vehicular traffic necessary, the director of public works may require that the pole or other obstruction be painted or equipped with reflectors or other aids to visibility prescribed or authorized by the public utilities commission or the department of transportation of the state at the expense of the permittee. (Ord. No. 74-25, § 21.)

16.4.22 Movement of certain vehicles or objects on right of way.

(a)    Permit. Before a vehicle or combination of vehicles or object of weight or dimension or characteristic, prohibited by law without a permit is moved on any public right of way a permit to do so must first be granted by the director of public works as set forth in specifications established by the director of public works or as otherwise required by him. Special permits shall be issued to subdividers.

(b)    Authorization by permit. When authorized by a permit issued pursuant to this article to move a vehicle or combination of vehicles or load of dimension or weight in excess of that permitted by law, the permittee shall comply with the general law regulating traffic over a public street, including posted signs or notices which limit speed or direction of travel, or weight which may be placed upon a structure, or the width or height that may be moved thereon or thereover, or otherwise restrict or control travel on a public street. The permittee shall at all times conform to and abide by the practice and procedure necessary to make safe and convenient the travel of the general public, and to keep safe and preserve the public highway over and on which movement is being made. Any violation of this section shall cancel the permit issued to the permittee.

(c)    Written notice of movement by permittee. Prior to commencing any move for which a permit is granted pursuant to this article and section, the permittee shall give at least forty eight hours written notice to all police and fire department authorities having jurisdiction. (Ord. No. 74-25, § 22.)

16.4.23 Placement of mail boxes.

All mailboxes must be placed in accordance with the requirements of the United States post office department and section 25.20b (6) (d) of the city zoning ordinance in this code. (Ord. No. 74-25, § 23; Ord. No. 76-1, § 1.)

16.4.24 Hedges, fences, shrubbery and lawns.

(a)    Planting or erection. No hedge, fence, shrub or similar structure shall be planted, erected or maintained in a watercourse or right of way without a permit. No hedge, shrub or other planting whatever, fence or similar structure, shall be maintained across any existing walkway in a sidewalk area or shoulder. The intent of this restriction is to keep free a walkway for pedestrian or other lawful public travel without interference by or with vehicular travel. No encroachment of any nature will be permitted or maintained which impedes, obstructs or denies such pedestrian or other lawful travel within the limits of the right of way of a public street, or which impairs adequate sight distance for safe pedestrian or vehicular traffic.

(b)    Maintenance. The permittee or the owner of the adjacent property shall maintain the hedges, shrubs, walls, fences or similar structures erected for landscaping purposes in a neat and orderly condition at all times. If the encroachment is not maintained as specified in this article, the director of public works may direct that permittee or property owner to remove the encroachment and restore the right of way or watercourse to its former condition at the expense of the permittee or property owner.

(c)    Lawns. Notwithstanding anything contained herein to the contrary, any person may plant and maintain a lawn of any grass, or type not prohibited by other law, within the right of way of a public street without a written permit. However, the lawn shall not extend into the traveled way of the public street nor into the drainage ditches, gutters or other drainage facilities. The general public may not be denied the use of the planted area for pedestrian or other lawful travel. The city may use the planted area for any purpose whatever, and may issue a permit to any applicant to go thereon to perform work or otherwise encroach pursuant to this article. If the lawn is damaged or disturbed in the course of an authorized encroachment, it will be removed and replaced by the permittee unless the permit specifically states otherwise. (Ord. No. 74-25, § 24.)

16.4.25 Irrigation systems.

No portion of any irrigation system shall extend above the level of the surrounding ground or pavement. No irrigation system shall be installed in such a way as to direct sprays or streams of water onto or over adjacent street, sidewalk or driveway areas. (Ord. No. 74-25, § 25.)

16.4.26 Removing or disturbing monuments.

Any monument of granite, concrete, iron or other lasting material set for the purpose of locating or preserving the lines and/or elevation of any public street or right of way, property subdivision or a precise survey point or reference point, shall not be removed or disturbed without first obtaining permission from the director of public works to do so, such permission to be granted in conformance with requirements as set forth in specifications established by the director of public works. Replacement of removed or disturbed monuments will be at the expense of the permittee. (Ord. No. 74-25, § 26.)

16.4.27 Maps of underground facilities.

(a)    Each permittee installing, constructing or maintaining underground facilities, such as pipes, wires, conduits or similar structures under permit granted pursuant to this article, shall maintain accurate and complete maps of location, depth, size and character of such facilities, and shall furnish at no cost to the City copies of such maps to the director of public works upon his or her demand.

(b)    Utility Master Plan. Any utility that owns, operates, or installs facilities, providing water, sewer, gas, electric, communication, video, or other utility services, in a public right-of-way shall prepare and submit to the director of public works a utility master plan, in a format specified by the director, that shows the location of the utility’s existing facilities in public rights-of-way, and shows all of the utility’s planned major utility work in public rights-of-way for the next year. Utilities shall submit an initial utility master plan no later than 180 days after the effective date of the ordinance adopting this section. Thereafter, each utility shall submit annually, on the first regular business day of August, a revised and updated utility master plan. A utility may extend its deadline to submit its utility master plan by a period not to exceed 15 days by submitting written notice to the director of the delay and identifying the reasons for the delay. As used in this subsection, the term "planned major utility works" refers to any and all future excavations planned by the utility when the utility master plan or update is submitted that will affect any public right-of-way for more than 5 days; provided, that the utility shall not be required to show future excavations planned to occur more than one year after the date that the utility master plan or update is submitted. (Ord. No. 74-25, § 27; Ord. No. 2021-10, § 3.)

16.4.28 Increase or decrease of fees.

Repealed by Ord. 2014-06. (Ord. No. 95-30, § 3.)

16.4.29 Violations.

Where any act is prohibited in this article, the doing of such act is declared herewith to be unlawful and will constitute a misdemeanor. Where the doing of any act is required in this article, the failure to do that act is declared to be unlawful and a misdemeanor. Upon enactment this article shall become a part of this code and section 1.7 of the general provisions covering penalties shall apply to non compliance with the sections of this article. (Ord. No. 74-25, § 29.)

Article II. Required Improvements in Connection with New Buildings or Land Uses.

16.5 replaced by Sec. 16.5.1 by Ord. 2007-01.

16.5.1 Construction of Required Improvements.

The city may require the construction of the following public improvements to serve new development:

(a)    Curbs, gutters and sidewalks along all street frontages of the property.

(b)    Portions of the street unimproved to city standards along the street frontages of the property shall be improved and paved to city standards for the width of one parking lane and one travel lane.

(c)    Fire hydrants which, in the opinion of the city engineer, are necessary for the protection of the proposed structure or use.

(d)    Storm drainage pipes and necessary storm drainage structures as required by the city engineer to be installed along all street frontages of the property.

(e)    Sanitary sewer lines and appurtenances, water lines and appurtenances along all street frontages of the property of a size and type required by the city engineer.

(f)    Provide for the deposit to the city, a fee established by resolution of the city council to provide for the planting of street trees on portion of front or side of lot adjoining a public street. One tree is to be provided for each interior lot under seventy-five foot frontage and one for every additional seventy-five feet or portions thereof of larger lots than seventy-five feet and three trees for each corner lot. A dedication of an eight-foot tree planting easement may be required by the city engineer.

(g)    Streetlights, which in the opinion of the city engineer, are necessary for the proper, safe lighting of the streets in the vicinity of the new buildings or land uses.

(h)    Street improvements, whenever the new buildings or land uses are of such magnitude that they can reasonably be anticipated to substantially increase traffic congestion in any street or streets in the vicinity of the new buildings or land uses.

1.    The determination of whether a building or use is of significant magnitude to necessitate street improvements shall be at the discretion of the City Engineer.

2.    If the party proposing the construction or renovation objects to the City Engineer’s determination, the party may, at its sole cost, commission a traffic study by a consultant meeting the city’s approval.

3.    Prior to commencing construction, street improvements shall be installed at such locations and on such streets as are determined by the City Engineer to mitigate the impacts identified by the City Engineer (or, if a traffic study was prepared, in the traffic study), at the sole expense of the party proposing the construction or renovation.

4.    The street improvements shall include the following:

a.    street widening;

b.    median islands;

c.    traffic signals; and/or

d.    other traffic control devices which, in the opinion of the City Engineer, will mitigate such congestion.

(i)    Any other public improvements found necessary to mitigate the impacts of new development.

The City’s requirement to construct any of the above specified public improvements may be imposed at the following times:

(a)    The approval of a tentative subdivision map or the filing of a final subdivision map;

(b)    The approval of any land use permit;

(c)    The issuance of a building permit for the construction of any structure or improvement;

(d)    The issuance of a certificate of occupancy for the structure or improvement;

(e)    The connection of property to a sanitary sewer, water, or storm drainage facility.

In addition to private developments, the provisions of this Section 16.5.1 shall apply to school districts pursuant to Government Code Section 53097. The school district may be required to construct necessary public improvements in connection with the construction, substantial rehabilitation or renovation of a school building. (Ord. No. 59-29, § 1; Ord. No. 62-11, § 1; Ord. No. 66-23, § 1; Ord. No. 88-17, § 1; Ord. 2007-01, § 2.)

16.6 Compliance with other provisions of code; dedication of land for street widening.

All improvements required by this article shall be installed according to city specifications and plan lines as established by the zoning ordinance. Whenever proposed improvements include widening of the street, necessary land shall be dedicated to the city. (Ord. No. 59-29, § 2.)

16.7 Grades and lines.

All improvements required by this article shall be constructed to grades and lines as established by and under the supervision of the city engineer. (Ord. No. 59-29, § 3.)

16.8 Approval of city engineer; deposit of money to guarantee construction; city may do work in certain cases.

(a)    No structure or land use for which a building or zoning occupancy certificate or use permit is required shall be occupied or otherwise used, nor utility services supplied thereto, until such required improvements have been installed and approved by the city engineer.

(b)    The building inspector shall deny final approval and acceptance and shall refuse to allow final public utility connections to any such building, dwelling or property unless the required improvements are constructed or unless money to guarantee their construction is deposited with the city in a sum equal to the estimated cost of the construction of such improvements, as determined by the city engineer.

(c)    Should any money be deposited as outlined in subsection (b) above, it shall be a term not to exceed six months, after which time such required improvements as have not been completed shall be installed by the initiation of the city. All costs over and above the amount posted shall be levied against the property and included with the next following tax bill. (Ord. No. 59-29, § 4.)

Article III. Repair or Reconstruction of Sidewalks, Driveways, etc.

16.9 Definition of "sidewalk".

For the purpose of this article "sidewalk," as defined in section 5600 of the streets and highways code, shall also be construed to include driveways and driveway approaches. (Ord. No. 61-5, § 3.)

16.10 Permit Required; exception.

It shall be unlawful for any person to reconstruct, repair or cause to be reconstructed or repaired in the city, any sidewalk, driveway, driveway approach, curb or curb and gutter without first obtaining a permit from the director of public works to do so. In no case, however, shall a permit be required or granted to reconstruct sidewalks, curbs or curbs and gutters when the city council has instituted improvement proceedings under the general laws of the state relating to such work. (Ord. No. 61-5, §1.)

16.11 Same Application; contents.

Any person desiring a permit for the reconstruction or repair of a sidewalk, driveway, driveway approach, curb or curb and gutter shall file with the director of public works an application in writing on a form to be furnished by the city for that purpose. Such forms will specify the following:

1.    Name and residence of the applicant;

2.    Location of the property in front of which the proposed reconstruction or repair is to be made;

3.    Name of the person who will perform the work;

4.    Nature and dimensions of the proposed work;

5.    Such additional information as the director of public works may require. (Ord. No. 61-5, § 1.)

16.12 Same Not to be in conflict with certain regulations.

No permit issued under this article shall be in conflict with the following regulations:

1.    All sidewalk, driveway, driveway approach, curb or curb and gutter work shall be done under the direction, supervision, and to the satisfaction of the director of public works, and must be constructed in accordance with the city standard plans and specifications on file in the office of the director of public works.

2.    All prepared subgrades and surfaces shall be inspected and approved by the city before any concrete is poured. All completed work shall be subject to approval by the city. At least twenty four hours advance notice shall be given to the city by the applicant so that the city may schedule inspections.

3.    No sidewalk, driveway, driveway approach, curb or curb and gutter shall be constructed other than of concrete, unless special permission is first obtained from the director of public works.

4.    All debris and surplus materials shall be removed promptly upon completion of the work.

5.    The applicant shall maintain the premises in a safe manner and shall provide adequate barricades and lights at his own expense to protect the safety of the public using the adjacent streets or sidewalks, and shall hold the city free from any damages incurred by his operations. (Ord. No. 61-5, § 1.)

16.13 Same Posting.

All permits for the reconstruction or repair of sidewalks, driveways, driveway approaches, curbs or curbs and gutters shall be posted conspicuously near the work by the person to whom the permit is granted, unless such posting of permit is waived by the director of public works. (Ord. No. 61-5, § 1.)

16.14 Duty of property owner as to maintenance of sidewalk.

It shall be unlawful for any person owning any building, lot or premises in the city, fronting on any portion of an improved street or way, where a sidewalk is laid, to allow any portion of such sidewalk in front of such building, lot or premises to be out of repair, or to become, be or remain dangerous to the users thereof for any reason. Such person must at all times keep each such sidewalk in such condition that it will not endanger persons or property passing thereon, will not interfere with public convenience in the use thereof, or be or remain an obstruction or impediment to normal, customary and usual pedestrian or vehicular traffic. (Ord. No. 61-5, § 2.)

16.15 Maintenance of driveway or driveway approach by property owner.

It shall be unlawful for any person owning property within the city into which is constructed a driveway to fail to keep such driveway or driveway approach in a good state of repair at all times. (Ord. No. 61-5, § 2.)

16.16 Adoption of certain state law sections as procedure governing maintenance and repair of sidewalks, driveways, etc.

The provisions of sections 5600 through 5630, inclusive, of the streets and highways code of the state, as they now exist or may hereafter be amended, are hereby adopted as the procedure governing the maintenance and repair of sidewalks, driveways and driveway approaches in the city. (Ord. No. 61-5, § 3.)

16.17 Closing of Streets.

The director of public works is authorized to temporarily close any street or portion of any street for the purpose of construction or reconstruction of that street or any utility in the street, and upon such terms as he shall deem necessary or desirable for the safety of the traveling public and of the street. Signs giving notice of the closure shall be posted at all entrances to the street or portions thereof affected. (Ord. No. 82-17, § 1.)

Article IV. Address Numbers on Curbs.

16.25 Painting of address numbers on curbs permitted.

A property owner shall be permitted to paint or cause to be painted his property’s address on the facing of the street curb fronting his property in accordance with the provisions of this chapter.

16.26 Same Location; dimensions; paint materials.

Location on the curb relative to the driveway, dimensions of the numbers, and paint materials used shall be in accordance with the requirements established by the director of public works.

16.27 Same Business license and solicitor’s permit required.

Any person engaging in the business of painting address numbers on street curbs shall, prior to entering into such business, obtain a business license from the director of finance, and a solicitor’s permit issued by the chief of police. (Ord. No. 93-9, § 14.)

16.28 Same Permits required; issuance.

Encroachment permits for the painting of curbs shall be required. This permit shall be obtained from the director of public works prior to the painting of any property address on the face of any street curb within the city. This permit may be revoked without notice.

16.29 Same Regulations.

Encroachment permits for the painting of property addresses on curbs may be issued subject to the following regulations, and duties imposed thereby to be performed by the permittee:

(a)    Consent in writing shall be secured from the property owner prior to the painting of his property address on the street curb fronting his property.

(b)    There shall be a clear understanding between the permittee and the property owner on the cost of the work prior to the actual performance of the painting.

(c)    Permittee shall record all properties, with their corresponding owners’ names, that received address painting. Permittee shall be prepared to submit such records to the director of public works when requested.

(d)    Permittee shall take out, carry, and keep in force public liability insurance in the amount of $300,000, minimum. Permittee shall also obtain a certificate of insurance naming the City of Fairfield as additionally insured to accompany the application, and the form of which shall be subject to the approval of the city attorney’s office.

16.30 Same Conditions precedent to payment for services.

It is unlawful for any person to request, demand, solicit or receive any payment, compensation, donation or other consideration for the painting of address numbers on any street curb unless, prior to the painting, such person secures from the property owner in front of whose premises the number is painted written consent to paint the curb and a written agreement to pay the amount requested, demanded, solicited or received.

No property owner or occupant of any property shall be liable for any payment, compensation, donation, or other consideration relating to the painting of address numbers on street curbs fronting his or her property unless the property owner agreed in writing prior to the painting to make such payment. (Ord. No. 84-47, § 1.)

Article V. Street Excavation Moratorium.

16.31.1 Purpose.

The public right-of-way is a unique public resource held in trust for the benefit of the public. This physically limited resource requires proper management to maximize its efficiency and minimize the costs to taxpayers, to protect against foreclosure of future economic expansion because of premature exhaustion of the public right-of-way, and to minimize the inconvenience to and negative effects on the public from use of the public right-of-way by contractors and utility companies.

To achieve the purpose of this Chapter, the City of Fairfield shall endeavor to coordinate its Capital Improvement Programs with those of utility companies and franchisees with facilities in, on, under or above the public right-of-way. Information about any planned work in the right-of-way shall be shared at the earliest possible time. Utility owners and franchisees are encouraged to coordinate their street excavations so that all work is done simultaneously, and the street is not excavated more than once within a twelve-month period. (Ord. No. 2020-16, § 1.)

16.31.2 Definitions.

A.    "City Engineer" means the City Engineer of the City of Fairfield, California or his or her designee.

B.    "Preventative Maintenance Seal" means a mixture of polymer modified asphalt emulsion, mineral aggregate, mineral filler, water, and other additives, properly proportioned, mixed, and spread in accordance with the City of Fairfield, and Caltrans Standards Plans, Specifications, and Details, whichever is more stringent as directed by the City Engineer; usually less than 1/2 inch in thickness.

C.    "Moratorium Street" means streets that have been newly constructed or received preventative maintenance seal within the past five years (see Section 16.31.4(A), below).

D.    "Excavation" means any trench cuts within the public streets or public right-of-way in order to access or install a utility line or any related facility.

E.    "Public Right-of-Way" means the area in, upon, above, beneath, or across any land or interest which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for travel, and includes any public street, road, highway, freeway, bridge, lane, court, alley, boulevard, sidewalk, median, parkway, or emergency vehicle easement.

F.    "Public Street" means the full width of the surfaced or travel portion, including shoulders, of any road, street, path, lane, or alley dedicated to, reserved for, or used by or for the general public when those roads, streets, paths, lanes, and alleys have been accepted as and declared to be part of the city system of public streets, except highways forming a part of the state highway system.

G.    "Utility" means any person or entity providing electricity, gas, telephone, telecommunications, water, or other services to customers, and which pursuant to state law or local franchise is entitled to install its facilities in the public right-of-way. (Ord. No. 2020-16, § 1.)

16.31.3 City Exemption.

The provisions of this chapter shall not apply to officers or employees of the City acting within the capacity of their official duties. (Ord. No. 2020-16, § 1.)

16.31.4 Moratorium.

A.    Newly constructed or resurfaced streets shall be termed "Moratorium Streets" within this section. Permission to excavate in Moratorium Streets will not be granted for five (5) years after the completion of street overlays or reconstructions, which consists of at least a 1/2 inch thick layer of asphalt, and streets that have received a preventative maintenance seal. For the purpose of this section, the time shall be measured from the date the applicable project is substantially completed. Utilities shall plan well enough in advance to determine alternate methods of making necessary repairs to avoid excavating in newly resurfaced streets.

Exceptions to the above policy are as follows:

1.    Emergency excavations that are immediately necessary to protect life or property.

2.    Repairs or modifications that are necessary to prevent interruption of essential utility service.

3.    Work that is mandated by city, state, or federal law.

4.    Excavations necessary to provide utility service for buildings where no other reasonable means of providing service exists.

5.    Excavations, as determined by the City Engineer in writing, necessary for situations in which no alternative course of action exists.

B.    Exceptions of Section [A] notwithstanding, a waiver must be obtained to excavate in a Moratorium Street.

1.    To request a waiver, the applicant must submit a written request to the City Engineer. The request must include:

a. The location of the excavation.

b. Description of the work to be performed.

c. The reason(s) the work was not performed before the street was paved.

d. The reason(s) the work cannot be deferred until after the moratorium period.

e. The reason(s) the work cannot be performed at another location.

f. The reason(s) it is justified to excavate the Moratorium Street.

2.    Before issuing a waiver, the City Engineer will verify that the applicant has analyzed all feasible alternatives to make the necessary repairs using a trenchless method in the Moratorium Street to avoid excavating a newly resurfaced street whenever possible. The City Engineer shall grant a waiver if the applicant demonstrates that one or more of the circumstances under section 16.31.4(B)(1) exists.

C.    Any pavement restoration work on Moratorium Streets shall comply per the current City Standard Specifications and Details, however, the City Engineer may determine that alternative repaving requirements are appropriate due to circumstances unique to the restoration site.

Exception: Full lane width pavement restoration shall not be required if the work is being performed on behalf of a low-income household in order to bring an owner-occupied single-family residence into compliance with sanitary sewer regulations at any time other than as part of the sale of the residence. Low-income is defined as 80% of area median family income. The purpose of this exception is to prevent hardship to property owners of limited means and it shall be interpreted and applied solely to achieve that purpose. (Ord. No. 2020-16, § 1.)

16.31.5 Permits.

Any and all construction work within the public right-of-way shall require an encroachment permit pursuant to Section 16.10 of Article III. Anyone excavating within the City of Fairfield public right-of-way shall obtain an encroachment permit for the purpose of excavation in addition to any other required permits. (Ord. No. 2020-16, § 1.)

16.32 Approval of plans and designs.

The director of public works, city engineer, traffic engineer, and/or their designee, provided that such designee holds a valid registration as a professional engineer in the State of California, are delegated the authority to exercise discretionary approval of plans, designs, and any design amendments or addenda for public improvement or subdivision improvement projects. The plans and designs shall be signed by the public works director, city engineer, traffic engineer, and/or their designee. Such delegation of design approval authority does not change the city council’s discretion and authority to approve projects and appropriate project funding pursuant to other applicable city policies, procedures, and codes, or circumvent other established project design review and approval processes (e.g., design review and approval for conformance with discretionary permit requirements). (Ord. No. 2021-04, § 1.)