(a) Permit Duration.
Applications for Encroachment Permits shall be made not less than 2 working days prior to the start of construction. In the case of an emergency cut, permittee shall notify the Division immediately and submit a full encroachment permit within 7 working days following the date of the emergency. The County Engineer or his/her designee shall have sole discretion in determining whether an emergency situation existed and how it shall be repaired.
Encroachment permits will begin on the date of Division approval stated on the permit and will expire 1 year from that date. Those working under an expired permit shall be fined in the same manner as an individual working without a permit. If no work has begun, encroachment permits shall expire 3 months (90 days) from the date the permit was approved. Extensions of time may be granted by the Division upon request, and will be considered on a case-by-case basis with the Division reserving the right to deny any or all extensions.
The Division reserves the right to refuse issuance of a permit to any applicant if any monies are due and outstanding as a result of charges made against the applicant or its duly authorized agent for inadequacies in performance of work related to previous permits. The Division also reserves the right to increase the amount of the bond required based on prior poor performance by any permittee or licensed contractor, including but not limited to failure to make proper repairs and maintain the installation.
(b) Exemptions.
(1) It shall not be necessary to make application for or obtain an Encroachment Permit for repairs to, maintenance of, or new installations to be made inside existing pits, manholes, conduits, ducts, pipes or vaults. However, this paragraph shall not be interpreted to include any excavation operations requiring a disturbance of the surface surrounding such installations.
(2) It shall not be necessary to make application for or to obtain an Encroachment Permit for adjustments to manhole covers, valves, inlets and other protective coverings situated within pavements when such work is done at the request of the Division to accommodate pavement resurfacing and repairs being performed by the Division. No fees shall be charged for permits for work requested by the Division.
(3) Encroachment permits for landscaping purposes are not required; however, no trees, shrubbery or other natural obstructions in height over 2-1/2 feet shall be placed within the right-of-way in a manner so as to obstruct the sight distances for traveling vehicles. Those property owners encroaching on County rights-of-way for landscaping purposes do so at their own risk. The County is not responsible for the replacement of any such features should it become necessary to regrade the ditch lines, widen pavements, or maintain the Division’s clear roadside policy.
(4) Aerial utility line crossings over public right-of-way which do not require any disturbance of property within the County right-of-way shall not require an Encroachment Permit; provided that the minimum vertical clearances specified herein are maintained. Placement of a utility pole on County right-of-way requires a permit; however subsequent attachments to that pole would not require a new permit, provided that the minimum vertical clearances specified herein are maintained.
(5) It shall not be necessary to obtain an encroachment permit for the installation of a mailbox. The location and construction of all mailboxes shall conform to the rules and regulations of the U. S. Postal Service and the following minimum requirements:
(a) The roadside face of the mailbox shall be offset not less than 1 foot from the face of any curbing or the edge of any paved roadway, shoulder or valley gutter, or similar paved surface. Where mountable curb types are present, the roadside face of the mailbox shall be no closer than 1 foot to the back of the mountable curb.
(b) Wherever possible, the roadside face of the mailbox shall be no closer than 4 feet to the edge of any paved surface.
(c) Under no condition shall a mailbox be permitted to obstruct any sidewalk.
(Ord. 3673, § 2, passed 4-1-2003)