Chapter 9.70 STREETS AND ROADS

The purposes of this chapter are to provide for the care and protection of County-maintained roads and rights-of-way thereof; regulate the use thereof and the manner in which the same may be altered, excavated under, obstructed or encroached upon; provide penalties for the violation of the provisions thereof; and ensure that road work within the rights-of-way of existing County-maintained roads in connection with development not otherwise bound by agreement with the Board of Supervisors through the subdivision ordinance or contract shall be constructed to the standards of the County. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.010].

9.70.020 Scope of chapter.

This chapter sets forth rules and regulations to control encroachments within County-maintained roads and establishes the administrative procedure for issuance of permits. It also provides for review and approval of plans, inspection procedures, and bonding procedures to guarantee quality and completion of work. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.020].

9.70.030 Definitions.

For the purpose of this chapter, the following definitions apply:

(A) “Contractor” means the person(s), firm, partnership, corporation, permittee, or combination thereof, private or municipal, who perform the work constituting an encroachment.

(B) “County” means the County of Santa Cruz.

(C) “County-maintained roads” are those listed on the County-maintained mileage tabulation, and shown on the County road system maps, as maintained roads (said tabulation and maps provided by the State of California). “County-maintained roads” includes all or any part of the entire width of right-of-way of any road, street, boulevard, avenue, grade, via, lane, alley, court, way, or place, that is open to the use of the public for purposes of travel, whether or not such entire width is actually used for highway purposes, and whether or not it has been accepted into the County road system by resolution of the Board of Supervisors. It also includes bridges, culverts, curbs, drains, ditches, and all works incidental to County road construction, improvement and maintenance.

(D) “Director” means the Director of the Department of Public Works or their designee.

(E) “Encroach” or “encroachment” includes going upon, over, under or using any County-maintained road in such a manner as to prevent, obstruct or interfere with the normal use of that way, including but not limited to the performance thereon of any of the following acts:

(1) Excavating or disturbing the right-of-way;

(2) Erecting or maintaining any tower, post, sign, pole, pole line, fence, stand, building, guardrail, wall, loading platform or other structure or object of any kind or character in, on, over or under the right-of-way;

(3) Planting or removing any tree or shrub within the right-of-way landscaping;

(4) Placing or leaving on the right-of-way any rubbish, brush, earth, construction material, or other material of any nature whatever;

(5) Constructing, placing or maintaining on, over, under or within the right-of-way any pathway, curb and gutter, sidewalk, driveway, private road, or other surfacing, any culvert, or other surface drainage or subsurface drainage facility, any pipe, pipeline, conduit, cables, irrigation system, or hydrant;

(6) Movement upon the right-of-way by any vehicle or combination of vehicles or object of dimension, weight or other characteristics prohibited by law without a permit;

(7) Lighting or building a fire; or

(8) Constructing, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to the right-of-way which causes or will cause an encroachment.

(F) “Permittee” means any person(s), firm, company, corporation, association, political subdivision or organization that proposes to do work or encroach upon a County-maintained road, as defined in this section, and has been issued a permit for said encroachment by the Director. All obligations, responsibilities, and other requirements of the permittee, as herein described, shall be binding on subsequent owners of the encroachment.

(G) “Reinforcement” means the installation of new wires, cables and other facilities on existing overhead utilities.

(H) “Right-of-way” means all land or interest therein, 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 road and street purposes. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.030].

9.70.040 Exemptions.

This chapter shall not apply to an officer or employee of the County in the discharge of their official duties; or to any contractor performing construction work under contract with the County, including underground utility districts; or to any work bound by agreement with the Board of Supervisors through the subdivision ordinance. The installation of service connections from overhead utilities to individual properties, and the reinforcement of existing overhead utilities, shall also be exempt from the provisions of this chapter. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.040].

9.70.050 Permit—Exceptions.

(A) It shall be unlawful for any person, firm, company, corporation, association, political subdivision or organization, without first obtaining a written permit, to encroach upon, or make or cause to be made any encroachment over or under the limits of any County-maintained road in the unincorporated territory of the County, or to make or cause to be made any alteration of any nature within, upon, over or under such County-maintained road.

(1) Exceptions. When so placed or done as not to constitute a traffic hazard, nor interfere with normal road maintenance, the following things are authorized in a County-maintained road without a permit:

(a) Rural mailboxes of a type approved by the postmaster, with or without a sign attached thereto, or to the mailbox support, designating only the name and address, in letters and figures not exceeding four inches in height, of the person(s) served by such mailbox;

(b) Newspaper delivery receptacles;

(c) Plantings in a parkway area behind a curb or flow line, when so maintained as not to hinder or impede pedestrian traffic.

(B) The Director may, in the manner provided in this chapter, require and enforce the removal of any of the things authorized by this section when, in their opinion, any of such things are so placed or done as to constitute a traffic hazard, or to interfere with normal road maintenance, or otherwise to violate any of the conditions under which such things are authorized. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code §§ 8.75.060, 8.75.070].

9.70.070 Emergency work authorization.

This chapter shall not prevent any person, firm, company, corporation, association, political subdivision or organization from performing emergency maintenance on any pipe or conduit, pole, line or appurtenance thereto lawfully on or under any public highway, or from making immediate installation of utility service, or from making emergency use or encroachment as may be necessary for the preservation of life or property when an urgent necessity therefor arises, except that the person, firm, association, corporation, etc., making an emergency use of or encroachment on a County-maintained road shall apply for a written permit therefor within a reasonable time thereafter, but in no case any later than 10 days. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.050].

9.70.080 Permit application—Necessary materials.

(A) Exhibits Required. The applicant shall enclose with, attach or add to the application for a permit a map, plat, sketch, diagram or similar exhibit, when required by the Director, of a size and in such quantity as the Director may prescribe, on which shall be plainly shown any and all information necessary to locate, delineate, illustrate or identify the proposed use or encroachment, and the right and necessity of the applicant to cause an encroachment. If necessary, changes, corrections and notes will be made on such map, plat, sketch, diagram or similar exhibit, and these items will become an integral part of the permit.

(B) Consent of Public Bodies. The applicant shall also enclose with, attach to or add to the application copies of the written order or consent to any work under the permit, required by law, of the Public Utilities Commission, sanitary districts, water districts, or any other public body having jurisdiction. This requirement may be met by placing copies of such authorizations on file in the County Department of Public Works. A permit shall not be issued until the order or consent, if required, is first obtained and evidence of it filed with the Director. The permittee shall keep themselves adequately informed of all State and Federal laws and local ordinances and regulations which affect the permit. The applicant at all times shall comply with all such laws, ordinances, regulations, decisions, and court and similar authoritative orders, and shall protect and indemnify the County and all of its officers, agents and employees against any claims or liability proximately caused by the violations of any such law, ordinance, regulation or order issued under police power and in accordance with law, whether by themselves or their agents or employees. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code §§ 8.75.090, 8.75.100].

9.70.100 Blanket permits.

At the option of the Director, blanket permits for recurring encroachments may be issued on an annual basis.

(A) Blanket permits shall be obtained by all public utilities companies for the installation of their service connections and for ordinary maintenance of their facilities located or installed in County-maintained roads.

(B) Blanket permits shall be obtained for road openings. Road opening permits shall only be issued to contractors holding valid blanket permits for trenching within a County-maintained road.

(C) Blanket transportation permits may be issued to contractors for hauling extra-legal loads when transporting their own construction equipment.

(D) Blanket permits shall be obtained for placement of utility poles and their appurtenances.

(E) Blanket permits shall be obtained for tree trimming necessary to enable utilities to construct and maintain (place, operate, inspect, repair and remove) their facilities. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.130].

9.70.110 Permit—Issuance, term, and cancellation.

(A) Issuance. The written permits required by this chapter shall be issued by the Director. The Director shall prescribe and provide a regular form of application for a permit required by this chapter.

(B) Terms and Extensions. The permittee shall begin the work or use authorized by a permit issued pursuant to this chapter within 90 days from date of issuance, unless a different period is stated in the permit. If the work or use is not commenced within 90 days, or within the time stated in the permit, then the permit shall become void, unless prior to its expiration the time for commencement has been extended in writing by the Director.

(C) Cancellation Conditions. The permittee shall complete the work or use authorized by a permit within the time specified in the permit. If, at any time, the Director finds delay in the commencing, prosecuting or completing the work or use authorized, the Director may cancel the permit and restore the right-of-way to its former condition. The permittee shall reimburse the County for all expenses incurred in restoring the right-of-way. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code §§ 8.75.080, 8.75.110, 8.75.120].

9.70.140 Driveways—Encroachment permit required.

(A) No person(s), firm or corporation shall construct a driveway which connects to a County-maintained road, or shall alter or repair any such driveway now in existence in such a manner as to substantially change its alignment or grade, or shall construct or open any ditch or drain, or place any culvert upon any County-maintained road, without first securing from the Director an encroachment permit.

(B) Applications for such permits shall be in writing and accompanied by the fee established by resolution of the Board of Supervisors. The application shall specify in detail the location, alignment, grade, width, surface type, structural section, type of construction or alteration or repair contemplated, and such other details as the Director may require.

(C) The permit herein referred to shall be in writing and shall provide such conditions as are, in the judgement of the Director, essential to the safety of vehicular traffic upon such County-maintained roads. The application for such permit shall be denied if the improvements proposed would endanger public safety. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.170].

9.70.150 Encroachment permit fee.

Encroachment permit fees shall be set by resolution of the Board of Supervisors. Fees shall be based on actual costs of enforcing the encroachment ordinance, and shall include plan check, field review, inspection, testing, and overhead. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.180].

9.70.160 Permit—Display.

(A) The permittee shall keep any permit issued under this chapter at the site of work, or in the cab of a vehicle when its movement on a County-maintained road is involved, and the permit must be shown to any authorized representative of the Director or law enforcement officer on demand.

(B) A permit issued for continuing use or maintenance of an encroachment may be kept at the place of business of the permittee or otherwise safeguarded during the term of validity. The permit shall be made available to an authorized representative of the Director or law enforcement officer within a reasonable time after demand. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.150].

9.70.170 Permit—Not transferable.

No permit issued under this chapter is transferable. The person(s), public agency, firm or corporation actually making or maintaining the encroachment shall obtain the permit and furnish the required security. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.140].

9.70.180 Permit—Changes in work restricted.

No changes shall be made in the location, dimensions, character or duration of the encroachment or use granted by the permit except on written authorization by the Director, but no permit shall be required for the continuing use or maintenance of encroachments installed by public utilities or for changes to them where the changes or additions require no excavation of the right-of-way. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.160].

9.70.190 Security requirements.

(A) General Requirement. Prior to beginning work within a County-maintained road, the applicant shall enter into an agreement with the Board of Supervisors, agreeing to complete the work within a specified period of time. To ensure that the work specified in such an agreement will be completed, a corporate surety bond or cash deposit approved by the Board of Supervisors must be furnished to the County, guaranteeing the faithful performance of the work in a sum equal to the cost as estimated by the Director. The form of the bond shall be as approved by the County Counsel.

(B) Security for Completion of Work.

(1) To ensure satisfactory completion of the improvements, securities shall be deposited in the form of one of the following:

(a) Bonds by duly authorized corporate sureties;

(b) Cash deposit with the County; or

(c) An instrument of credit from a financial institution, subject to State or Federal regulations, pledging that the funds necessary to carry out the terms of the agreement are on deposit and guaranteed for payment.

(2) The forms to be used for subsections (1)(a) or (1)(c) of this section will be those furnished by the Director upon request.

(3) The securities to be furnished are as follows:

(a) For “faithful performance,” the amount of 100 percent of the cost of the improvements, as determined by the permit engineer and accepted by the Director, to guarantee faithful completion of the work;

(b) For “materials and labor,” the amount of 50 percent of the cost of improvements, as determined by the permit engineer and accepted by the Director, to guarantee payment to materialmen and laborers furnishing materials, equipment or labor in connection with the encroachment improvements; and

(c) For “guarantee, warranty and maintenance of work,” the amount of 50 percent of the cost of improvements, as determined by the engineer and accepted by the Director, to guarantee and warrant the work for a minimum period of 12 months following the completion and acceptance thereof by the Board, against any defective work or labor done or defective materials furnished, and to maintain such work to the satisfaction of the County for said period. In the event the permittee fails to maintain, repair, replace or reconstruct the work to the satisfaction of the County, the security shall be obligated for the payment of all necessary costs and expenses that may be incurred or expended by the County in causing any or all repair, replacement, reconstruction or maintenance of the work which is discovered or may become necessary during the 12-month period.

(C) Cash Deposits. If required by the Director, an applicant shall deposit with the Director cash or a certified check or cashier’s check, in a sum to be fixed by the Director as sufficient to reimburse the County for costs of restoring the right-of-way to its former condition, based on the schedules, if any, adopted by resolution of the Board of Supervisors; provided, however, that an applicant may file a cash deposit on an annual basis in a sum established by the Director as sufficient to cover their activities during any 12-month period.

(D) Bond in Lieu of Cash Deposit. In lieu of the cash deposit described in subsection (C) of this section, the applicant may, upon approval by the Director, file a cash deposit in the minimum sum established by the schedules, if any, adopted for that purpose by the Board of Supervisors and in effect at the time of application for a permit, and the balance of the sum fixed by the Director as sufficient to reimburse the County expenses incurred in restoring the right-of- way to its former condition may be filed in the form of an approved surety bond issued by a company authorized to do a general surety business in the State of California.

(E) Annual Bond. In lieu of a cash deposit, the applicant may, upon approval by the Director, annually file with the Director an approved surety bond issued by a company authorized to do a general surety business in the State of California, in a sum fixed by the Director as sufficient to reimburse the County for expenses to be incurred in restoring the right-of-way to its former condition, subject to the schedules, if any, adopted by resolution of the Board of Supervisors.

(F) Additional Bond or Cash Deposit. The Director may require an additional bond or cash deposit at any time that evidence indicates that the amount of the bond or cash deposit previously made is insufficient to cover the cost of restoring the right-of-way to its former condition, subject to the schedule, if any, adopted by resolution of the Board of Supervisors.

(G) Security Condition. The condition of any security made pursuant to this chapter shall be that the “permittee” will diligently and in good faith comply with all the terms of this chapter and the terms and conditions of the permit.

(H) Payment and Release of Security. Any bond or cash deposit required by the Director pursuant to this chapter shall be payable to the County and shall be filed with the Director. Upon satisfactory completion of all work authorized in the permit, and fulfillment of all conditions of the permit, the Board of Supervisors will release the bond or cash deposit upon the expiration of 90 days.

(I) Alternate Certificated Insurance.

(1) Other sections of this chapter notwithstanding, an applicant for a permit to move a vehicle or load exceeding the maximum limits of the Vehicle Code may file, in lieu of posting a bond, a standardized certificate of insurance for oversized-overweight vehicle permits and oversized-overweight permit endorsement, the amount of such insurance to be established by the Director.

(2) Prior to the issuance of a blanket encroachment permit for activity permitted under this subsection, a certificate of insurance completed on a form provided by the Director shall be approved and filed with the Director. Minimum coverage shall be $1,000,000 combined single limit for both comprehensive general and auto liability, or the equivalent. Workers’ compensation and those coverages listed below are required.

(a) Products and completed operations;

(b) County of Santa Cruz named as additional insured;

(d) X, C, U hazards included; and

(e) Broad form property damage.

Proof of self-insurance may be substituted for the above coverages. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code §§ 8.75.190, 8.75.230, 8.75.240, 8.75.250, 8.75.260, 8.75.270, 8.75.280, 8.75.290, 8.75.300].

9.70.280 Supervision of work.

The contractor shall designate, in writing and before starting work, an authorized representative who shall have complete authority to represent and act for the contractor. Such authorized representative or their agent shall be present at the site of the work at all times while the work is actually in progress or be available at all times. During periods when work is suspended, arrangements acceptable to the Director shall be made for any emergency work which may be required. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.200].

9.70.290 Start of work.

(A) The permittee shall notify the Director 48 hours prior to the time of beginning work, unless specified in the permit or otherwise exempt in the permit.

(B) Blanket permit holders shall notify the Director of each day’s work prior to commencement of such work. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.320].

9.70.300 Inspection of work.

(A) Notice and Minimum Requirements. The Director shall make such inspection as they deem necessary. The permittee shall notify the Director 24 hours in advance of any required inspection. Minimum inspection requirements follow:

(1) The inspection of clearing and grubbing work before grading operations are started in any cut or fill area;

(2) The inspection and compaction testing of subgrade before the placing of subbase, base and surfacing;

(3) The inspection of storm drain and sewer pipe installation and backfill, including compaction testing;

(4) The inspection and compaction testing of subbase and base prior to paving;

(5) The inspection of all penetration treatment, seal coat and paving while the work is in progress;

(6) The inspection of concrete forms;

(7) The inspection of concrete while being placed; and

(8) Final inspection.

(B) Access. The Director shall, at all times, have access to the work site during construction, and shall be furnished with every reasonable facility for ascertaining that the materials and workmanship are in accordance with the requirements and intentions of the approved improvement plans, and work done and all materials furnished shall be subject to the Director’s inspection and approval. The inspection of the work or materials shall not relieve the contractor of any obligation to fulfill the work as permitted. Work and materials not meeting permit requirements may be rejected notwithstanding that such work or materials have been previously preliminarily inspected by the Director. The Director may suspend or revoke authorization for projects, or otherwise suspend work for cause when any superintendent, foreman, laborer, or other person employed on the work by the contractor performs their work in an unsatisfactory, disorderly, intemperate or incompetent manner. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code §§ 8.75.210, 8.75.220].

9.70.320 Barriers and other safety provisions.

(A) The permittee, in the conduct of the work, use or maintenance of an encroachment authorized by a permit issued under this chapter, shall provide, erect or maintain the lights, barriers, warning signs, patrols, security personnel and other safeguards necessary to protect the traveling public. Any omission on the part of the Director to specify in the permit what lights, barriers or other protective measures or devices shall be provided, erected or maintained by the permittee, or the fact that the Director may not specify sufficient lights, barriers or other protective measures or devices, shall not excuse the permittee from complying with all requirements of law and appropriate regulations and ordinances for adequately protecting the safety of the traveling public. If at any time the Director finds that suitable safeguards are not being provided, the County may provide, erect, maintain, relocate or remove the safeguards deemed necessary, or may cancel the permit and restore the right-of-way to its former condition, all at the expense of the permittee.

(B) A permittee making any excavation or leaving any obstruction within, under or on the right-of-way, or causing the same to be made, erected or left, shall place and maintain lights at each end of the excavation or obstruction, at not more than 50-foot intervals along the excavation or obstruction, from one-half hour before sunset of each day to one-half hour after sunrise of the next day, until the excavation is entirely refilled or the obstruction removed and the right-of-way made safe for use. In addition, reflectorized warning signs conforming to the requirements of the Highway Division of the California Department of Transportation shall be placed 200 and 400 feet from each excavation or obstruction, in a position adequately to warn public traffic.

The warning signs, lights and other safety devices shall conform to the requirements of California Vehicle Code Section 21400 and the current edition of the California Department of Transportation Manual on Uniform Traffic Control Devices. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.310].

9.70.330 Drainage.

If the work, use or encroachment authorized in a permit issued pursuant to this chapter interferes with the established drainage, the permittee shall provide for proper drainage, as approved by the Director. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.340].

9.70.340 Interference with public use.

All work or use shall be planned and executed in a manner that will cause least interference with the safe and convenient travel of the general public at the place where the work or use is authorized, and at no time shall a County-maintained road be closed or the use thereof denied the general public without the written permission of the Director. One lane of traffic shall remain open at all times. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.350].

9.70.350 Encroachments—Removal or relocation.

If any future construction, reconstruction or maintenance work on a public right-of-way requires the relocation or removal of installations or encroachments in, on or under the public right-of-way, the permittee owning, controlling or maintaining the installations or encroachments shall relocate or remove them at their sole expense. When removal or relocation is required, the Director shall give the permittee a written demand specifying the place of relocation, or that the installations or encroachments must be removed from the right-of-way, and specifying in the demand a reasonable time within which the encroachment must be removed or relocated. If the permittee fails to comply with the instructions, the County may cause the removal or relocation of the encroachment at the expense of the permittee. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.370].

9.70.360 Completion of work.

Unless this section is waived in the permit, the permittee, upon completion of all work, shall notify the Director. No work shall be deemed to be completed until notice of completion is given pursuant to this section. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.330].

9.70.370 Restoration of right-of-way.

Upon completion of the work, acts or things for which the encroachment permit was issued, or when required by the Director, the permittee shall replace, repair or restore the right-of-way to its original condition, consistent with the terms of the permit. The permittee shall immediately repair any injury, damage or nuisance in any portion of the right-of-way, resulting from the work done under the permit. In the event that the permittee fails to act within a reasonable time, or should the exigencies of the injury or damage require repairs or replacements, the County may make the necessary repairs or replacements or perform the necessary work, and the permittee shall be charged with the costs of such repairs or replacements. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.360].

9.70.380 Supervision and inspection standards.

(A) All encroachment work done under a permit issued under this chapter shall conform to specifications established by the Director, or, in the absence of established specifications, to recognized standards of construction and approved practices in connection with such work. All encroachment work shall be done subject to approval of the Director.

(B) Unless otherwise noted on the permit, all encroachment work performed on any County-maintained road or right-of-way under the jurisdiction of the County shall conform to the County of Santa Cruz Design Criteria, and to the construction specifications contained in the current edition of the Standard Specifications of the State of California, issued by the State Department of Transportation, as may be amended by special provisions adopted by the Board of Supervisors. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.380].

9.70.390 Excavations.

(A) Excavation of trenches adjacent to the existing pavement shall be conducted on but one side of the pavement at a time, and no excavation shall be started on the opposite side until the trench first excavated has been filled, compacted and surfaced, as per requirements below.

(B) No more trenches shall be opened than can be properly and completely backfilled in one day. No more than 700 feet of trench shall be open at any time on the project unless authorized by the Director.

(C) One traffic lane shall be kept open and in safe condition at all times. Adequate warning and regulatory signs and other safety measures shall be taken at all times to protect the public who may or must be present in the area where work is being performed.

(D) Complete closure of all traffic lanes may be made at the discretion of and in accordance with plans for detours approved by the Director. Twenty-four hours’ advance notice must be filed with the Director and the County Administrative Office, stating the road to be closed and the limits and approximate duration of closure. Such agencies must also be notified immediately upon reopening of the road to emergency vehicles.

(E) The Director shall be supplied at all times with the names and telephone numbers of at least two persons in charge of or responsible for the work subject to permit, who can be reached for emergency work 24 hours a day, seven days a week. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.420].

9.70.400 Storage of material.

(A) No material shall be stored within two feet of the edge of the pavement or traveled way, or within the shoulder line where the shoulders are wider than five feet. No supplies or equipment shall be stored in the right-of-way until the permittee is ready to start work.

(B) Excess earth materials from trenching or other operations shall be removed from the pavement, traveled way or shoulder as the trench is backfilled or other work carried forward unless approved by the Director. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.390].

9.70.410 Paved surface cutting restrictions.

The Director may require utility, service and other small-diameter pipes or rigid conduits to be jacked, bored or driven, or otherwise forced underneath a paved surface where feasible and in the interest of public safety, health and welfare. The paved surface of a road shall not be cut, trenched or otherwise disturbed unless specifically authorized in the permit. No tunneling will be permitted except as specifically set forth in the permit. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.400].

9.70.420 Fill—Depth.

The minimum depth of cover over underground encroachments shall be 30 inches. The Director is authorized to permit installations of underground encroachments where 30 inches of cover cannot be provided because of topography, structures, existing encroachments, or other engineering necessity. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.410].

9.70.430 Fill—Compaction.

Trench backfill shall have a relative compaction of not less than 95 percent for the first five feet and 90 percent below five feet. Determination of this compaction requirement will be made by County staff in accordance with California Test Method 216, as defined by the California Department of Transportation. The cost of such tests shall be borne by the permittee. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.430].

9.70.440 Compaction test results.

Upon demand, the permittee shall provide the Director with the results of tests showing that the compaction requirements have been complied with. Compliance shall be certified by a material testing laboratory with local experience, and the laboratory shall be acceptable to the Director. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.440].

9.70.450 Trench restoration.

(A) All trenches shall be backfilled as shown in the standard trench detail in the County of Santa Cruz Design Criteria.

(B) Perpendicular and longitudinal trenches shall have a minimum structural section of 0.33 foot of Type B asphalt concrete. Where the existing structural section is greater than the minimum structural section, the section removed shall be replaced in kind.

(C) Prior to any repaving, the existing pavement shall be cut on a straight line to give a vertical face to pave against.

(D) The structural section replacement shall bridge the trench width by one foot on each side for longitudinal trenches and three feet on each side for perpendicular trenches.

(E) All trenches shall be sealed after pavement replacement as shown in the standard trench detail in the County of Santa Cruz Design Criteria. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.450].

9.70.460 Poles and wires—Clearance.

(A) Clearances and types in the construction of poles and transmission line carriers shall accord with rules, regulations and orders of the Public Utilities Commission and other public agencies having jurisdiction.

(B) No guy wires shall be attached to trees without specific authorization in the permit, and in no event shall guy wires be attached to girdle the tree or interfere with its 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) When a pole, guy, stub or similar timber is removed and not replaced, the entire length shall be removed from the ground and the hole backfilled and compacted whenever feasible. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.460].

9.70.470 Poles and wires—Visibility.

When the location or position of a pole or other obstruction makes accentuation of its visibility to vehicular traffic necessary, the Director 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 California Department of Transportation, at the expense of the permittee. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.470].

9.70.480 Vehicle movement restrictions.

(A) Movement of vehicles upon highways within the unincorporated area of the County is restricted by State law as to vehicle load, length and height. State law expressly authorizes the County additionally to regulate particular matters relating to vehicle movement upon those highways. When authorized by a permit to move a vehicle or combination of vehicles or load of dimension, weight or other characteristic generally prohibited by law, the permittee, unless exempt by special permit, shall comply with the general law regulating travel over a road or highway, including:

(1) Posted signs or notices which limit speed or direction of travel;

(2) Weight which may be placed on a structure;

(3) The width or height that may be moved; and

(4) Other restrictions or control of travel on a road or highway.

(B) The permittee at all times shall 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 road over and on which movement is being made. Any violation of this section shall automatically cancel the permit issued to the permittee.

(C) No combination of vehicles coupled together totaling more than 60 feet in length shall travel upon highways under County jurisdiction. Signs designating the highways affected or not affected by the foregoing restriction shall be placed at points of entry to the County or to the affected portions or other points determined by the Director as best serving to give notice.

(D) No trailer or semitrailer whose kingpin to rearmost axle distance exceeds 38 feet shall travel upon highways under County jurisdiction, except as permitted for terminal access pursuant to subsection (F) of this section, upon a determination that such highways cannot, in consideration of public safety, sustain the operation of vehicles exceeding that maximum distance. Signs designating the highways affected or not affected by the foregoing restriction shall be placed at points of entry to the affected portions or other points determined by the Director as best serving to give notice.

In determining whether public safety requires that highways be so designated, the following factors shall be among those considered (without limitation):

(1) A comparison of the operating characteristics of the vehicles to be limited as compared to operating characteristics of other vehicles regulated by the California Vehicle Code;

(2) Actual traffic volume;

(3) Frequency of accidents; and

(4) Any other relevant data.

(E) Notwithstanding any other provision hereof, the following special provisions shall apply for vehicles in which either the length of a semitrailer in exclusive combination with a truck tractor does not exceed 48 feet, or the length for either the semitrailer or trailer when simultaneously in combination with a truck tractor does not exceed 28 feet six inches:

(1) Such vehicles may use County highways which provide reasonable access to facilities for purposes limited to fuel, food, lodging and repair when that access is consistent with the safe operation of the combinations of vehicles and when the facility is within one-half road mile of identified points of ingress or egress to or from a National System of Interstate and Defense Highway or a Federal aid primary highway or Federal aid urban system highway that has been qualified for use by such vehicles.

(2) The Director may, in consideration of public safety and preservation of the highways, issue special permits for combinations of vehicles consisting of truck tractor and semitrailer, or truck tractor, semitrailer and trailer, to obtain terminal access pursuant to Vehicle Code Sections 35780 and 35795. In lieu of issuing a special permit, in the Director’s discretion signing may be provided as necessary to indicate the use of specific routes as terminal access routes. For purposes of this section, “terminal” means a facility at which freight is consolidated to be shipped, or where full load consignments may be loaded or off loaded, or at which the vehicle combinations are regularly maintained, stored or manufactured.

(F) Written application for the Director’s permit, special permit or determination of the appropriateness of a terminal access route or vehicle movement shall be accompanied by a nonrefundable application fee in the amount established by resolution as part of the Unified Fee Schedule, together with such information as may be required by the Director or their authorized representative. Upon receipt of the application and fee, the Director may cause an investigation to be made and shall proceed to determine within a reasonable time the appropriateness of the terminal access route or vehicle movement requested. The applicant may be required, as part of the investigation, to drive the proposed route while the Director or their representative observes; in no event may the application be approved if the vehicle fails to negotiate the entire proposed route without leaving the pavement and without crossing the centerline into the lane for opposing traffic. In the event a requested vehicle movement or terminal access route passes through one or more additional local jurisdictions, any and all applications to such other jurisdictions and coordination of the applications shall be the applicant’s exclusive responsibility.

(G) The Director may, upon reasonable notice and opportunity to respond, revoke routes or permits approved pursuant to this section, if in the Director’s opinion the route is hazardous for vehicular traffic or pedestrians by virtue of such use.

(H) The Director may issue a special transportation permit to move a mobile home over County-maintained roads pursuant to California Vehicle Code Section 35790.

(1) A special permit shall be required before transporting a mobile home to or from a mobile home park in the unincorporated portion of the County. The application for the special permit shall particularly describe the mobile home and the highways, roads or streets over which it is to be moved.

(2) Every application for a special permit to transport a mobile home to a mobile home park in the unincorporated portion of the County shall include either certification of sufficient parking spaces as required by SCCC 13.16.050 and 13.10.684 or a parking space exception from the Planning Department. Any transporter of a replacement mobile home to a mobile home park in the unincorporated portion of the County who fails to obtain the certification or exception required by this section shall be in violation of County Code and shall be subject to all penalties for such violation, including the criminal and civil penalties delineated in SCCC 1.12.010 et seq. [Ord. 5328 § 5, 2020; Ord. 4787 § 1, 2005; Ord. 3851 § 1, 1987; Ord. 3197 § 2, 1982; prior code § 8.75.480].

9.70.490 Mailboxes in the right-of-way.

All mailboxes shall be placed in accordance with the rules and regulations of the United States Postal Service, but no box shall be so placed within the road right-of-way as to endanger the life or safety of the traveling public. A permit is not required for the placing of mailboxes or newspaper delivery receptacles. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.490].

9.70.500 Trees in the right-of-way.

(A) Planting and Maintenance.

(1) Applications for permits to plant trees in the right-of-way shall be made on a form prescribed by the Director. The form shall include, in addition to the other requirements, an agreement by the applicant to maintain the trees in a neat, healthy and safe condition, to the satisfaction of the Director, and an agreement to remove the trees as directed by the Director and pay the cost of removal on the permittee’s failure promptly to remove the trees on the direction of the Director. The application shall show the exact location and kind of trees to be planted, and no change shall be made either in the location or kind of trees without the written approval of the Director.

(2) All trees placed in the right-of-way shall be maintained by the permittee or their successor in interest, or by some other interested party, in a neat, healthy and safe condition, to the satisfaction of the Director and at no expense to the County. If the encroachment is not located or maintained as specified in this section, the Director may direct the permittee to remove the encroachment and restore the right-of-way to its former condition at the expense of the permittee; if the permittee fails promptly to remove the encroachment as directed, the Director shall have the right to remove it and collect the cost of removal from the permittee, together with all of the County’s costs and expenses in enforcing collection.

(3) The Director shall refuse to issue a permit authorizing the planting of trees in the right-of-way when, in their judgment, the location as described in the application, or the nature of the growth above or below the ground of the kind of tree proposed, will impede or inconvenience public travel, unduly disturb the right-of-way, interfere with the construction or maintenance of necessary facilities, or interfere with existing pipelines, utility installations, or other facilities lawfully placed within the right-of-way.

(B) Trimming or Removal.

(1) Trimming of trees in the right-of-way will be permitted only at the time designated in, and in the manner authorized by, a permit issued under this chapter, so that the shapeliness of the tree may be preserved to the extent possible.

(2) An application for removal of a tree in the right-of-way will be approved and permit issued only when a necessity for removal exists. When a tree is removed under authority of a permit, the entire stump shall be taken out for a distance of at least two feet below the ground surface, unless otherwise specified in the permit, and the hole shall be backfilled and tamped. All debris from trimming or removal shall be removed from the site and the right-of-way restored to its former condition. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code §§ 8.75.500, 8.75.510].

9.70.520 Hedges and fences in the right-of-way.

(A) No hedge, shrub or other planting whatever, or fence or similar structure, shall be planted, erected or maintained in a right-of-way without a permit.

(B) No hedge, shrub or other planting whatever, or 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 a walkway free for pedestrian or other lawful public travel without interference by or with vehicular travel. No encroachment will be permitted or maintained which impedes, obstructs or denies pedestrian or other lawful travel within the limits of the right-of-way of a County-maintained road, or impairs adequate sight distance for safe pedestrian or vehicular traffic. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.520].

9.70.530 Lawns in the right-of-way.

(A) Other provisions of this chapter notwithstanding, it is lawful for a person, firm or corporation, or other body or person, to plant and maintain a lawn or similar ground cover of any grass or type not otherwise prohibited by law within the right-of-way without a written permit. However, the lawn or similar ground cover shall not extend into the traveled way, nor into the drainage ditches, gutter or other drainage facilities.

(B) The general public shall not be denied the use of a planted area for pedestrian travel or other lawful use. The County may use the planted area for any purpose and may issue a permit to any applicant to go on the planted area to perform work or otherwise encroach under this chapter. If the lawn or similar ground cover is damaged or disturbed in the course of an authorized encroachment, the permittee will be held responsible for the replacement unless the permit specifically states otherwise. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.530].

9.70.540 Marking of streets, curbs or sidewalks prohibited without permit.

No person, without first obtaining a permit, shall solicit on a commercial or donation basis, to place or maintain any number, figure, letter, carving, drawing, design or other marking on any street, sidewalk or curb. Temporary markings to identify survey or construction locations shall not be subject to this section. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.540].

9.70.550 Survey monuments.

Any monument of granite, concrete, iron or other lasting material, set for the purpose of locating or preserving the lines or elevation of any County-maintained road 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. Replacement of removed or disturbed monuments shall be at the expense of the permittee. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.550].

9.70.555 Noncommercial signs.

Noncommercial signs are allowed in the portion of the right-of-way not devoted to vehicle movement without an encroachment permit; provided, that they shall not be placed so as to constitute a traffic hazard and they shall be removed within 48 hours of posting. [Ord. 5328 § 5, 2020; Ord. 4294 § 2, 1994].

9.70.560 Removal of encroachments.

When, pursuant to this chapter, the Director determines that any permit should be revoked, any encroachment which was authorized thereby shall thereupon be deemed to be one without the authority of law, and the Director may require and enforce its removal by giving the notice and taking the action specified in those sections of Chapter 6, Division 2, of the California Streets and Highways Code which deal with encroachments. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.560].

9.70.570 Unpaid assessment apportionment fee.

Pursuant to Parts 10 and 10.5 of Division 10 of the California Streets and Highways Code, the Board of Supervisors may by resolution establish, pursuant to Section 8740.1 of the Streets and Highways Code, a fee to be paid by affected parcel owners for apportionment of unpaid assessments to parcels into which the original parcel has been divided. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.670].

9.70.580 Public utility franchises—Interpretation.

(A) The provisions of this chapter shall be interpreted in a manner consistent with the terms of any franchises which grant public utilities the right to use County rights-of-way.

(B) To the extent that any of the provisions of this chapter are in conflict with any regulations or rules of the California Public Utilities Commission or provisions of the Public Utilities Code which preempt local regulations, such provisions of this chapter shall not apply to public utilities. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.575].

9.70.590 Skateboard use restrictions.

It shall be unlawful for any person to ride a skateboard on or across any road, street or highway in such a manner as to interfere with the movement of vehicles thereon, or to use a skateboard in such a way as to create an unreasonable risk of harm to vehicular or pedestrian traffic. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code § 8.75.580].

9.70.600 Commercial vehicle and recreational vehicle parking.

(A) It is unlawful to park a commercial vehicle having a manufacturer’s gross vehicle weight of 10,000 pounds or more or a recreational vehicle upon any street, or segment thereof, designated by the Director pursuant to the procedures set forth in this section.

(B) This prohibition shall not apply to parking for emergency purposes, or to any emergency or utility service vehicles, or any commercial vehicle providing services to or making pick-ups or deliveries of goods to or from any property, or any commercial vehicle utilized on or delivering materials to any construction project for which a County permit has been obtained.

(1) Residents occupying 50 percent of the residential units on any street, or any segment thereof, may petition the Director to designate that street or segment thereof, or to remove an existing designation, as unlawful for commercial vehicle or recreational vehicle parking. As used in this section, “segment” means that portion of a street between intersections.

(2) The petition shall contain the names and addresses and assessor’s parcel numbers of the petitioners, and a concise description of the streets or segments thereof proposed for designation, or removal of an existing designation. Each residential unit shall be entitled to the equivalent of one signature on a petition; multiple individuals signing a petition for a single residential unit shall have their signatures counted collectively as one signature. The Director may give different weight, as they deem appropriate, to residential units on the proposed designated street that use the street for secondary versus primary access.

(3) The petition shall be accompanied by a fee set by resolution of the Board of Supervisors and filed with the Public Works Department.

(4) Upon receipt and verification of a completed petition, a representative of the Public Works Department shall attend a neighborhood meeting. Notice of the meeting shall be given by the petitioners at least 10 days in advance by first class mailing to all residences located on the street or that segment of the street proposed for designation.

(5) After the neighborhood meeting, the Director may take action to designate, or remove an existing designation on, the proposed streets or segments thereof, as unlawful for commercial vehicle or recreational vehicle parking, designate or remove an existing designation for fewer streets or segments than proposed in the petition, or deny the petition. The Director may restrict recreational vehicle parking on certain days and/or certain hours of the day.

(6) No petition may be submitted proposing streets or segments thereof for designation, or for the removal or amendment of an existing designation, for which a petition was denied or granted by the Director within the previous year.

(D) The prohibition of this section shall not be effective until the designated streets or segments thereof have been posted with signs describing the prohibition. The initial cost of erecting the signs shall be borne by the petitioners, who shall pay such cost to the County in advance of erection.

(E) For purposes of this section, “commercial vehicle” is defined by California Vehicle Code Section 260, and includes motor trucks (Section 410), semitrailers (Section 550), trailers (Section 630) and truck tractors (Section 655).

(F) For purposes of this section, “recreational vehicle” is defined by California Health and Safety Code Section 18010.

(G) Any commercial vehicle parking restrictions adopted by the Board of Supervisors prior to 2006 shall remain in effect unless and until amended by the Director pursuant to this section. [Ord. 5328 § 5, 2020; Ord. 4837 § 1, 2006; Ord. 3491 § 1, 1984; prior code § 8.75.622].

9.70.601 Commercial vehicle parking restrictions.

Repealed by Ord. 4837. [Ord. 4667 § 1, 2002].

9.70.610 Parking for more than 72 hours, fleet vehicles, and oversized vehicles.

(A) No person who owns or has possession, custody or control of any vehicle, shall park such vehicle upon any County-maintained road for more than a consecutive period of 72 hours.

(B) No person or business which as part of its business operation maintains and operates a fleet of vehicles comprised of three or more vehicles shall use any County-maintained road, in lieu of private property, to store or park those vehicles when not in use by the business. Pursuant to this subsection, a vehicle shall not be considered to be in use by the business during those hours of the day when the business is not open to the public, including those hours when the business may only be contacted by a voice mail telephone answering system, a telephone answering service, email or facsimile. Pursuant to this subsection a vehicle shall not be considered to be in use by the business between the hours of 10:00 p.m. and 6:00 a.m.

(C) No person shall park a vehicle within 100 feet of the intersection of any County-maintained road where the vehicle exceeds six feet in height, including any sideboards which are attached to the vehicle and including any items which are loaded or contained in the vehicle’s bed or trailer. This subsection shall not apply where the vehicle and vehicle operator are on site for the purpose of making pickups or deliveries of goods, wares, or merchandise from or to any building or where the vehicle and vehicle operator are on site for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure for which a building permit has been previously obtained. [Ord. 5328 § 5, 2020; Ord. 5017 § 1, 2008; Ord. 3645 § 1, 1985; Ord. 3197 § 2, 1982; prior code § 8.75.590].

9.70.620 Overnight parking of mobile homes and recreational vehicles prohibited.

It shall be unlawful to park a mobile home or recreational vehicle overnight upon any highway, street or alley, including the right-of-way, except for emergency purposes.

Exception: This section shall not apply to owners or drivers of mobile homes or recreational vehicles who park a mobile home or recreational vehicle on a highway, street, or alley that abuts property containing their residence, as long as the vehicle is parked on the highway, street, or alley for no longer than 24 hours.

Exception: A mobile home or recreational vehicle may be parked for no more than 72 hours on a highway, street, or alley directly adjacent to private property (the “host property”) if the owner or driver of the vehicle has (1) the permission of a resident of the host property and (2) a permit issued by the Sheriff’s Office that is kept plainly visible on the dashboard of the vehicle. The cost of the permit will be determined by the Board of Supervisors and reflected in the Unified Fee Schedule. [Ord. 5328 § 5, 2020; Ord. 5220 § 1, 2016; Ord. 3476 § 1, 1983; Ord. 3197 § 2, 1982; prior code § 8.75.620].

9.70.630 Removal of vehicles.

Any vehicle standing on a highway in violation of SCCC 9.70.610 may be removed from the highway in accordance with the provisions of California Vehicle Code Section 22651. [Ord. 5328 § 5, 2020; Ord. 3620 § 40, 1985; Ord. 3197 § 2, 1982; prior code § 8.75.600].

9.70.640 Selling from vehicles—Prohibited.

(A) Any person parking a vehicle or placing any structure wholly or partly within a County or public highway for the purpose of selling such vehicle or structure, or of selling therefrom or therein any article or thing, and any person selling, displaying for sale or offering for sale any article or thing, either in or from any such vehicle or structure so parked or placed, is guilty of a misdemeanor. This section shall not prohibit a seller from taking orders or delivering any commodity from a vehicle on that part of any County or public highway immediately adjacent to the premises of the purchaser.

(B) Any vehicle or structure parked or placed wholly or partly within any County or public highway for the purpose of selling the same or of selling therefrom or therein any article or thing, is a public nuisance, and any peace officer may immediately remove such vehicle or structure from within any such County or public highway. [Ord. 5328 § 5, 2020; Ord. 3197 § 2, 1982; prior code §§ 8.75.630, 8.75.640, 8.75.650].

9.70.670 Violation—Penalty.

A violation of any of the provisions of this chapter, except those provisions related to parking or standing vehicles, shall be a misdemeanor and punishable as provided by this code. Violation of any of the provisions of this chapter related to parking or standing vehicles shall be subject to a civil penalty, the enforcement of which shall be governed by the civil administrative procedures set forth in Division 17, Chapter 1, Article 3 (commencing with Section 40200) of the California Vehicle Code. [Ord. 5328 § 5, 2020; Ord. 4288 § 7, 1994; Ord. 3620 § 6, 1985; Ord. 3197 § 2, 1982; prior code § 8.75.660].