A.   Short Title: This section shall be known as the CITY OF YERINGTON RIGHT OF WAY AND EASEMENT USE PERMIT ORDINANCE. (1973 Code § 12.04.010)
   B.   Definitions: As used in this section, unless the context otherwise requires, the following definitions apply:
CITY: The city of Yerington.
CITY RIGHT OF WAY: The entire width of a public right of way. This includes land, property or interest therein offered for, acquired for, dedicated to, or developed as a public right of way or easement, regardless of the improved status.
CONTRACTOR: Any person, public utility, private utility, district, that performs an excavation, street cut or encroachment.
COUNCIL: The Yerington city council; governing board of the city of Yerington.
DEPARTMENT: City of Yerington public works department.
DIRECTOR: City of Yerington public works director.
ENCROACHMENT: Any activity within a city right of way or easement which would tend to conflict with existing improvement or impede traffic, vehicular or pedestrian, or otherwise interfere with city improvement therein.
EXCAVATION: The movement or removal of earth, rock, pavement or other material in or on the ground. The term includes augering, backfilling, digging, ditching, drilling, grading, ripping, trenching and tunneling.
LICENSED CONTRACTOR: A person who possesses a license issued under Nevada Revised Statutes chapter 624 and a city business license which the person wishes to engage in construction activities.
PERSON: Any person, firm, partnership, association, corporation, district or organization.
STREET CUT: Any excavation in any manner in any portion of a city right of way improved surface or utility location. (1973 Code § 12.04.020; amd. 2001 Code)
   C.   Permits Required: It is unlawful for any person to excavate within a city right of way or easement without first having obtained a permit from the city. (1973 Code § 12.04.030)
   D.   Permit Application:
      1.   Issuance: The director is authorized to issue written permits allowing the permittee to do any of the following:
         a.   Make an excavation or street cut upon a city right of way;
         b.   To construct, install, build, place any improvement which when completed, does not impede vehicular or pedestrian traffic upon a city right of way.
      2.   Application:
         a.   All applications for a permit under this section shall be made to the department of public works.
         b.   All applications shall be in writing on forms provided by the city.
         c.   Each applicant shall have a licensed contractor perform any work described in the application and shall provide the contractor's name, license number, and address, unless the requirements of this section are waived by the city manager or director. Waiver cannot, however, apply to a pavement cut.
      3.   Application Contents: Each application shall include the following information:
         a.   The name of the applicant who assumes responsibility for compliance;
         b.   The name or names of property owners abutting that portion of the right of way or easement upon which the encroachment or street cut is to be made;
         c.   The legal description or assessor parcel number(s) abutting the right of way or easement upon which the encroachment or street cut is to be made;
         d.   A legible drawing or plat which shows the proposed encroachment or street cut in relationship to the city right of way and adjoining properties. The depth, size, and height of the proposed work, and all other information deemed necessary to reasonably display the proposed work by the director.
         e.   Provide the time and date of commencement of work and estimated time and date of completion;
         f.   Notification to "USA DIG" is an absolute necessity prior to construction along with notification to city public works and shall be certified to be the applicant;
         g.   On a request for a permit, a guarantee bond, letter of credit, or cash deposit may be required for the proper protection of the city. The guarantee amount shall be one hundred fifty percent (150%) of the estimated improvements to be posted prior to commencement of work;
         h.   All work performed must comply with standards for public works construction (orange book), city code, and manual of uniform traffic control devices. (1973 Code § 12.04.040; amd. 2001 Code)
   E.   Permit Fees: Permit fees, any and all fees associated with a city excavation and/or street cut request shall be as listed on the city of Yerington fee schedule. (Ord. 03-10, 1-12-2004)



1. For statutory provisions authorizing charter cities to accept loans or grants for public works, see NRS § 168.450.