Butte County Municipal Code Art. VI (C). - Encroachment Permits

Application for County highway encroachment permit shall be made upon forms supplied by the Director of Public Works and shall include the following information:

a. Name and address of the applicant, the owner or other person responsible for the proposed encroachment and the contractor or other person actually making the proposed encroachments;

b. Nature of the encroachment;

c. County highway affected;

d. Time and duration of proposed encroachment;

e. Site plans showing relation of encroachment to County highway;

f. Supporting documents when required by the encroachment standards provided in this chapter for the type of encroachment proposed;

g. Any other information required by the Director of Public Works;

h. Proof of Liability Insurance in the amount specified by the County Risk Manager, naming Butte County as an additional insured. Proof of Liability Insurance is not required if the applicant is any special district (as defined by Government Code Section 16271 (d)) providing public utility services or any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the State;

i. Signature of the applicant;

j. Date application is filed with the County Director of Public Works.

(Ord. No. 3907, § 1, 3-1-2005)

The fee amount for encroachment permits, plan checking and inspection fees is set forth in the Butte County Master Fee Schedule.

a. No encroachment permit shall be issued until the permit fee set forth in the Butte County Master Fee Schedule has been paid.

b. Public Utility Companies:

1. In addition to the encroachment permit fee set forth in the Butte County Master Fee Schedule, the permittee may be required to pay the actual County costs of providing inspection for and other work related to tree removal and the placement of underground facilities, including, but not limited to, water lines, sewers, telephone lines, power lines, gas lines, electrical transmission lines, communication lines, pipelines and cables that are placed within the right-of-way limits of the County roads. The cost of inspection and other related work shall be chargeable to the owner of the utility.

2. When actual costs for inspection and other related work, including County costs to remove wood or other debris remaining after tree removal, are required to be paid, the permittee shall deposit a minimum of three hundred dollars ($300.00) with the Director of Public Works against which the County's actual cost will be charged.

3. Upon completion of the work, if the County's cost is less than the amount of the deposit, the County shall either refund any amount remaining from the deposit after the County's cost has been deducted or apply the amount remaining to a future permit. If the County's cost exceeds the amount of the deposit, the permittee shall pay an additional amount to fully compensate the County for its cost.

4. Public Agencies, special districts (as defined by Government Code Section 16271 (d)) providing public utility services, or any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the State, may upon request and at the discretion of the Director of Public Works be invoiced (billed) for the above referenced fees and charges.

c. If any portion of an encroachment has been made prior to issuance of a valid encroachment permit, the permit fee shall be two (2) times that established by the Butte County Master Fee Schedule, except as provided in Section 10-91.

d. No notice of an appeal to the Board of Supervisors pursued under Section 10-94 of this chapter shall be accepted until an appeal fee in the amount set forth in the Butte County Master Fee Schedule has been paid to the Clerk of the Board.

e. All such fees paid to the Director of Public Works shall be paid into the County Road fund. A receipt shall be given for each fee paid. The receipts shall be made in triplicate upon consecutively press numbered forms supplied by the County Auditor and a copy of each receipt issued or voided shall be delivered to the County Auditor at the time the funds represented thereby are deposited in the County treasury. No alterations or erasures shall be permitted and when an error is made, the receipt shall be voided by printing "void" across its face, and a new receipt issued. The other copies of the receipts shall remain attached to their binding and kept in the County Director of Public Works Department, subject to inspection at any time by the County Auditor.

(Ord. No. 3907, § 1, 3-1-2005; Ord. No. 4048, § 1, 8-14-12)

The Director of Public Works may require a cash deposit or bond to guarantee completion of construction anticipated in an encroachment permit application.

a. A cash deposit or bond will not be required of any public agency or public utility having lawful authority to occupy the highways unless the applicant has failed to comply, as determined by the Director of Public Works, with the provisions of this chapter or with the provisions of any previous permit issued by the Director of Public Works.

b. If a driveway encroachment is not able to be completed, as required for a certificate of occupancy, due to seasonal adverse weather or soil condition, the Director of Public Works may accept a cash deposit or other security in a form approved by the County Counsels office of one thousand dollars ($1,000.00) as a guarantee that the encroachment shall be completed within a period not to exceed six (6) months from the deposit of the bond. If the encroachment is not completed within the time limit, the County may let a contract to complete that portion of the work required within the County road right-of-way. Any funds remaining after deducting an amount sufficient to cover actual County costs and the payment to the contractor, if applicable, will be refunded to permittee.

(Ord. No. 3907, § 1, 3-1-2005; Ord. No. 4048, § 2, 8-14-12)

After receipt of an application, accompanied by the required documents, payment of the required fees, and posting of any required deposit, the Director of Public Works may issue an encroachment permit therefore upon standard forms prepared by the Director of Public Works, provided all of the requirements of this chapter have been met.

(Ord. No. 3907, § 1, 3-1-2005)

Every permit issued by the Director of Public Works shall be subject to the following conditions, which shall be specified in the permit:

a. The encroachment permit may be revoked at time by the Director of Public Works for health and safety reasons.

b. The encroachment permit is subject to all of the requirements and provisions of the County road encroachment ordinance and any past and future amendments thereof and any special conditions placed on the permit.

(Ord. No. 3907, § 1, 3-1-2005)

In the case of an emergency by a public utility requiring an immediate encroachment and/or excavation upon a County right-of-way when the Department is not open, the person making the emergency encroachment and/or excavation shall make application for a permit on the next business day following the encroachment and/or excavation whether the work has been completed or not.

(Ord. No. 3907, § 1, 3-1-2005)

Any special district (as defined by Government Code Section 16271 (d)) providing public utility services, or any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the State, may obtain a permit from the Director, valid for one (1) year from the date of issuance, permitting the following:

a. Trim, brace, or perform such other acts with respect to trees, except removal, growing upon the public highways within the unincorporated areas of the County, or which grow upon private property, to the extent that such trees encroach upon the public highways, as may be necessary to maintain the safe operation of its business.

b. Conduct emergency repairs;

c. Install an individual service line outside of pavement;

d. Patch paving asphalt concrete pavement, as may be necessary to comply with the safety regulations of the Commission and as may be necessary to maintain the safe operation of its business.

e. Annual permits shall not be issued for any activity which disturbs the surface or subsurface of any county highway, except solely to patch paving asphalt concrete pavement; nor for excavation, tree removal, root cutting, tree destruction, nor for any activity other than planting, pruning, or bracing trees, or patching paving asphalt concrete pavement. Activities other than planting, pruning, or bracing trees, or patching paving asphalt concrete pavement shall be permitted only pursuant to site specific permits which authorize a specific project or operation.

f. The Director of the Department of Public Works may revoke any such annual permit if the permittee fails to comply with the provisions of this chapter, and/or Streets and Highways Code, Division 2, Chapter 5.5, Article 2, and/or the terms and conditions of any permit. When any such permit is revoked, such person is entitled to a permit only on furnishing a bond as provided in Streets and Highways Code Section 1467, or its successor, unless the revocation is reversed by the Board of Supervisors or a court of law.

(Ord. No. 3907, § 1, 3-1-2005; Ord. No. 4048, § 3, 8-14-12)

Any application for an encroachment permit may be denied, and any encroachment permit issued may be revoked, by written order of the Director of Public Works, effective immediately, a copy of which shall be mailed to the permittee at the address specified in the permit, upon any one (1) or more of the following grounds:

a. Violation of any of the provisions of this chapter;

b. Misrepresentation of any material fact in the application;

c. Violation of any of the terms or conditions of the permit;

d. Failure to comply with the provisions of this chapter and/or Streets and Highways Code, Division 2, Chapter 5.5, Article 2 and/or the terms and conditions of any permit.

e. When any such permit is revoked, such person is entitled to a permit only on furnishing a bond as provided in Streets and Highways Code Section 1467, or its successor, unless the revocation is reversed by the board of supervisors or a court of law.

(Ord. No. 3907, § 1, 3-1-2005)

The action of the Director of Public Works in:

a. Refusing to issue an encroachment permit;

b. Failing to act upon an application for an encroachment permit within thirty (30) days after it is filed and has been deemed complete by the Director of Public Works;

c. Imposing unreasonable terms or conditions on the permit; or

d. Revoking an encroachment permit; may be appealed to the board of supervisors by filing a notice of appeal and submitting payment of an appeal fee in the amount set forth in the Butte County Master Fee Schedule with the Clerk of the Board within ten (10) days following the action appealed from. The notice shall state one (1) or more of the grounds for appeal set forth in this section relied on by the appellant. Within thirty (30) days following receipt of the notice, the Clerk shall schedule the appeal to be heard by the Board of Supervisors and shall notify the appellant and the Director of Public Works of the date and time of the hearing on the appeal. At the time fixed for the hearing, the Board of Supervisors will take such action on the permit as the Board finds just, and may continue the hearing on the appeal from time to time by order entered in its minutes specifying the date and time of the continued hearing.

(Ord. No. 3907, § 1, 3-1-2005; Ord. No. 4048, § 4, 8-14-12)