Ord 1820 - Amending Article III of Chapter 6 Relating to Excavations in New PavementORDINANCE 1820
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING ARTICLE III OF CHAPTER 6 RELATING TO
EXCAVATIONS IN NEW PAVEMENT
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN
AS FOLLOWS:
SECTION I
Section 26.24.5 of Article III of Chapter 26 is hereby enacted and added to the Los
Gatos Town Code to read as follows:
SECTION 26.24.5. Excavations in New Pavement.
No permit shall be issued to any private contractor or utility company contractor
which would permit an excavation, or pavement cut, in a pavement less than three
(3) years old unless the applicant can demonstrate clearly to the Town Engineer that
the public health and safety require that the contemplated work be permitted. This
prohibition shall not apply to public agencies or public utilities when repairs must
be made to failed pipelines and conduits, or when a new connection, which could not
have been anticipated, must be made. If a permit is issued to open any pavement,
which is less than three (3) years old, an additional charge shall be made for such
opening; provided, however, that such charge may be waived by the Town's Engineer
when a public agency or public utility can demonstrate to the satisfaction of the
Town Engineer that the pavement opening is occasioned by circumstances beyond
its control. The additional charge shall be five percent (5 %) of the regular
construction encroachment permit fee for each remaining month, or fraction thereof,
of the three -year restricted period.
If the permittee chooses to do his own pavement restoration under Town inspection,
the additional charge, plus inspection and permit fees, shall be paid by the permittee.
The contractor shall be responsible for the pavement restoration for the time period
remaining in a seven year period. Private contractors, not doing utility company
work, shall sign a maintenance agreement, providing a guarantee that they will make
any necessary repairs at their cost.
Except where galvanized pipe is used, the backfill shall be either a sand slurry (1 to
1 1/2 sack mix), be certified by a test to be 95 percent compacted or the contractor
utility shall provide that an inspector is on hand during the trench restoration. The
pavement cross section shall be replaced as the existing, but with one inch additional
asphalt or concrete surface course and one inch additional of base material. The
trenches shall be T- sectioned and the backfill placed in lifts with tamping in between.
Wheel rolled compaction shall not be permitted.
SECTION II
This ordinance takes effect 30 days after the date it is adopted. Within 15 days after
this ordinance is adopted the Town Clerk shall cause it to be published once in a
newspaper of general circulation published and circulated in the Town.
Eng Ord s \Ords \Section26 2
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on February 20, 1990, and adopted by the following vote as an
Ordinance of the Town of Los Gatos at a regular meeting for the Town Council on May
7, 1990.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Joanne Benjamin, Eric D. Carlson, Brent N. Ventura
Robert L. Hamilton
None
Mayor Thomas J. Ferrito
/s homas J. Fer o
MAYOR OF TH TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
SIGNED:
ATTEST
W
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Eng Ord s \Ords \Secti on26
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