Chapter 12.08
ENCROACHMENTS
Sections:
12.08.010 Purpose of provisions.
12.08.020 Permit issuance policy established—Authority.
12.08.050 Application—Required information.
12.08.070 Inspection standards.
12.08.080 Road approach standards.
12.08.100 Cleanup of project wastes and damages.
12.08.010 Purpose of provisions.
A. The purpose of this chapter is to establish procedures for the control, preparation and issuance of permits for encroachment and occupancy of county rights-of-way.
B. The purpose of the street-cut ordinance is to safeguard the public health, safety and welfare by establishing procedures and requirements for the issuance of street-cut permits and by establishing controls and requirements for cutting, excavating, backfilling, restoring and maintaining public streets and alleys.
C. The provisions of the street-cut ordinance apply only to those highways, streets, alleys, roads and public rights-of-way which are under the jurisdiction of Humboldt County. (Ord. 5-19-03A; Ord. 9-26-83 § 1(A))
12.08.020 Permit issuance policy established—Authority.
The county establishes an encroachment permit policy and procedure for all county rights-of-way. A permit for encroachment is considered a use agreement issued by the county at the request of utilities, companies, persons or other entities to occupy, use or have access on or across county rights-of-way, where such utilities, companies, persons or entities have no compensable rights therein. Any use granted to an applicant by an encroachment permit will remain at the sufferance of the county. (Ord. 5-19-03A; amended during codification; Ord. 9-26-83 § 1(B))
12.08.030 Definitions.
As used in HCC 12.08.010 to 12.08.080, inclusive, unless the context otherwise requires:
“Contractor” means any person, public utility, private utility or improvement district created and existing pursuant to the provisions of Chapter 318 of NRS, who performs any street cut.
“County road department” means the road department of Humboldt County, Nevada.
“County road superintendent” means the superintendent of the Humboldt County road department.
“Licensed contractor” means a person who possesses a license issued pursuant to Chapter 624 of NRS which allows the person to engage in the excavation and construction activities which are necessary to comply with the street-cut permit sought by that person and with the provisions of the street-cut ordinance.
“Major opening” means any street-cut which has a repaired surface area of more than five hundred square feet.
“Minor opening” means any street-cut which has a repaired surface area of less than three square feet.
“Occupancy permit” means a permit for the placement of underground or aerial facilities, driveways, drainage structures and any other appurtenance within boundaries of the rights-of-way of Humboldt County.
“Street cut” means any excavation in any highway, street, alley, road or public right-of-way which is part of Humboldt County’s maintained road system or any other right-of-way held by Humboldt County.
“Utilities” means and includes all privately, publicly or cooperatively owned lines and all connections thereto for facilities and systems for producing, transmitting or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water and other similar commodities, including fire and police signal systems, street lighting systems and television cable systems. (Ord. 5-19-03A; Ord. 9-26-83 § 1(C))
12.08.040 Responsibility.
Interpretation and adherence to agreements and conditions of an encroachment permit, as described in this chapter, are the responsibility of the county road superintendent. (Ord. 5-19-03A; Ord. 9-26-83 § 1(D))
12.08.050 Application—Required information.
An application for an encroachment permit shall contain the following:
A. Plans showing the exact location and minimum vertical and horizontal clearances of proposed installation;
B. A description of the size, type, nature and extent of the utility facilities that are to be located within rights-of-way may affect the maintenance, operation, aesthetics, drainage or safety of the traveling public;
C. If the permit is for a pipeline or carrier of volatiles, corrosive or hazardous materials, the method of encasement, vents, protective material, safety devices and monitoring devices shall be delineated in detail;
D. The proposed method of construction, provision for signing, handling traffic if construction or installation will create a traffic hazard or in any way interfere with normal traffic flow;
E. A determination of whether fencing, locked gates or cattle guards will be required;
F. Proof of permission from any local governing bodies that may be needed before approaches or subdivisions may be constructed. (Ord. 5-19-03A; Ord. 9-26-83 § 1(E))
12.08.060 Permit conditions.
A. Unless specifically permitted by the county road superintendent, water of either surface or subsurface origin is not permitted in the trenches at any time until backfilling over the top of the pipe has been completed. When required, dewatering of trenches may be accomplished by any acceptable method which the contractor desires and which the county road superintendent has approved, except that water is not permitted to drain into a newly placed pipe during laying operations. Any damage caused by or resulting from the dewatering activity is the responsibility of the contractor.
B. Construction and grading performed by the permittee shall be in such a manner that the roadway drainage ditch, or any natural watercourse, will not be blocked or the free flow hindered. Should the necessity arise to accommodate drainage water, culvert pipe of the size and length and at the location prescribed by the county road superintendent shall be installed by the permittee.
C. Approaches to a county road or a road or street within a county right-of-way approved by this permit shall be constructed, graded and maintained so as to protect the existing surface of the road or street within the right-of-way.
D. The surface of any street, road or driveway approach to or through a county right-of-way shall be prepared, constructed and maintained to match the type and grade of the surface of the road or street within the right-of-way and such surface shall extend for the entire right-of-way area occupied or used by the permittee.
E. The permittee shall be solely responsible for the repair or construction of any curb, gutter, sidewalk or drainage ditches affected by constructions of any facility.
F. The permittee shall assure that any pavement to be displaced is cut and removed in neat and straight lines (trenching shall be performed in such a manner as to prevent breaking of pavement edge adjacent to trench). Paving shall be replaced by the permittee true to line and grade and shall extend at least eighteen inches on either side of the trench. The paving mix and thickness of the permittee’s mix shall be approved by the county road superintendent and in no instance shall the depth be less than that of the existing pavement.
G. The permittee shall be responsible for placing a temporary patch within two days after completion of work and restoring any surface back to its original condition within fifteen working days of placing a temporary patch, and shall thereafter be responsible for maintaining the restored areas for a period of one year. In the event of settlement in the area of the restored surface, the county road superintendent may require the permittee to restore the disturbed area after the settlement has occurred to correct the deficiency. Failure by the permittee to so perform may result in the revocation of the encroachment permit, or causing the county to make the necessary replacement and repairs, in which case, the permittee shall be assessed the actual cost of such work.
H. Minimum buried depth of underground facilities shall be at least thirty-six inches within county rights-of-way.
I. The permittee shall promptly make any and all necessary changes or repairs to any facility erected or installed and shall at all times maintain said facility in a good and safe condition.
J. If it is necessary in order to accomplish the construction, existing pavement, curb and gutter, sidewalk and valley gutters must be removed. The contractor shall remove only sufficient paving, curb and gutter, sidewalks and valley gutters necessary to accomplish such construction, and shall exercise caution to avoid damage to paving, curb and gutter, sidewalks or valley gutters which are beyond the limits of construction. If the contractor damages or removes curb and gutter, sidewalks or valley gutters in order to accomplish the construction, he shall replace such curb and gutters, sidewalks or valley gutters at no cost to the county.
K. The contractor shall provide barricades, lights, signs or other devices in order to warn pedestrian and vehicular traffic away from the excavation or its equipment and materials in accordance with MUTCD guidelines.
L. The permittee agrees to indemnify and save harmless the county and its officers, agents and employees against any and all liability, loss, damage, cost and expense which it or they may incur, suffer or be required to pay by reason of death, disease or bodily injury to any person or persons, or injury to, destruction or loss of use of any property arising out of or incident to activities contemplated by this permit, and proximately caused, in whole or in part, by any act or omission of the permittee or its contractors, agents, employees, or by the officers, agents or employees of the county. (Ord. 5-19-03A; Ord. 9-26-83 § 1(F))
12.08.070 Inspection standards.
A final inspection of work accomplished by the permittee shall be performed by the road superintendent to ensure that the permittee has complied with the terms of this permit. Periodic inspections by the county road superintendent during the progress of work may be made to ensure conformance to county standards. For complex or extensive work under this permit, the county may require a full-time inspector to observe the progress of work in its entirety. In such case, the permittee agrees to compensate the county for wages, mileage and per diem expenses incurred by the inspector in connection with such inspection. (Ord. 5-19-03A; Ord. 9-26-83 § 1(G))
12.08.080 Road approach standards.
All minimum standards for road or street approaches regulated by an encroachment permit shall be based on the minimum standards set forth in the “Standard Specifications for Road Construction, Humboldt County, Nevada” and shall include the following:
A. Driveway and subdivision approaches shall be considered a type “A” approach (see Diagram 12.08.080) and shall have the following minimum standards:
1. Turning radius, twenty-five feet;
2. Width of approach:
a. Driveway, eighteen feet,
b. Subdivision, twenty-eight feet;
3. Culvert diameter (when culvert is required), eighteen inches;
4. Gravel (when required) to be a type “B” gravel according to the definition in subsection (C) of this section;
5. Paving (when required) according to composition of mixture specifications as defined in subsection (D) of this section.
B. Commercial and large truck approaches shall be considered a type “AA” approach (see Diagram 12.08.080) and shall have the following minimum standards:
1. Turning radius, forty feet;
2. Width, twenty-eight feet;
3. Culvert diameter (when culvert is required), eighteen inches;
4. Graveling (when required) to be a type “B” gravel according to Nevada state specifications;
5. Paving (when required) according to composition of mixture specifications as defined in subsection (D) of this section.
C. All graveling shall be a minimum of a three-inch type “B” gravel. This aggregate shall conform to the following requirements:
|
Sieve size |
Percent by weight passing sieve |
|
1" |
100 |
|
3/4" |
90—100 |
|
1/4" |
35—65 |
|
No. 16 |
15—40 |
|
No. 200 |
2—10 |
The plastic index shall not exceed six maximum.
D. Composition of the mixture of all pavement shall be composed of a minimum of an aggregate and bituminous material uniformly graded and combined in such proportions that will prevent graveling or bleeding of finished surface. The aggregate used for bituminous pavements shall conform to the following specifications:
|
Sieve size |
Percent by weight passing sieve |
|
2" |
100 |
|
1 1/2" |
90—100 |
|
3/4" |
55—85 |
|
No. 4 |
25—55 |
|
No. 16 |
10—35 |
|
No. 200 |
3—9 |
Crushed particles 50% min.
Plastic index 6% max.
Liquid limit 30 max.
The bituminous material shall be of a type and grade that will allow proper mixing, handling and placing of the mixture. The bituminous material shall be added to the aggregate at a proportion as near as possible to the optimum and shall not deviate from the optimum percentage either plus or minus five-tenths percent.
Any contractor planning to excavate in a county street shall notify the Underground Services Alert (USA) two working dates prior to starting such work by calling the toll-free number 1-800-227-2600. Other owners of utilities shall be notified individually. (Ord. 5-19-03A; Ord. 9-26-83 § 1(H))
12.08.090 Utilities.
The contractor shall coordinate the work with the owner of every utility and is totally responsible for any damage resulting from his work. The cost of relocating or repairing any utilities must be paid by the contractor. (Ord. 5-19-03A)
12.08.100 Cleanup of project wastes and damages.
The excavating contractor shall clean the streets, sidewalks, parkways and all public grounds by him in connection with the excavation of all rubbish, excess materials and equipment prior to the completion of the work or during any suspension of work performed under this chapter. (Ord. 5-19-03A)