Clayton Municipal Code Art. II Permits

It is unlawful for any person(s), firm, company, corporation, association, public agency, or organization, without first obtaining a written permit, to encroach or to make or cause to be made any encroachment of any nature whatever within, upon, over or under the limits of any right-of-way in the incorporated territory of the city, or to make or cause to be made any alteration of any nature within, upon, over, or under such right-of-way; or to construct, put upon, maintain or leave thereon, or to cause to be constructed, put upon, maintained or left thereon, any obstruction or impediment of any nature whatever; or to remove, cut or trim trees thereon; or to set a fire thereon, or to place on, over or under such right-of-way any pipeline, conduit or other fixture; or to move over or cause to be moved over the surface of any right-of-way or over any bridge, viaduct, or other structure maintained by the city any vehicle or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics capable of damaging the right-of-way; or to place any structure, wall, culvert, or similar encroachment; or to make any excavation or embankment in such a way as to endanger the normal usage of the right-of-way.

(Ord. 37, 1965)

No application will be accepted nor permit issued for constructing or maintaining a loading platform within or on the right-of-way or for erecting, using, or maintaining a post, pole, column, or structure for support for advertising signs within or on the right-of-way or for erecting, using, or maintaining advertising signs which overhang the right-of-way. Any such installation is illegal encroachment.

(Ord. 37, 1965)

The cutting or trenching of any newly constructed or reconstructed city street within a period of five (5) years from completion of the street work and acceptance thereof by the city is expressly prohibited unless such work receives the prior written approval of the city engineer in addition to the permit required by the provisions of this chapter.

(Ord. 262, 1988)

This chapter shall not prevent any person or persons, firm or corporation from performing emergency maintenance on any pipe or conduit lawfully on or under any right-of-way or from making an emergency use or encroachment necessary to preserve life or property when an urgent necessity arises, except that the person or persons, firm or corporation making an emergency use or encroachment on a right-of-way shall apply for a permit therefore within one calendar day after the offices of the city are open.

(Ord. 37, 1965)

The written permits required by this chapter shall be issued by the city engineer, subject to conditions set forth in this chapter or required by law.

(Ord. 37, 1965)

The city engineer shall prescribe and provide a regular form of application for the use of any applicant for a permit required by this chapter. The application form shall contain space for the name, address and principal place of business of the applicant, together with such detail as in the judgment of the city engineer is necessary to establish the exact location, dimensions, duration and purpose of the proposed use or encroachment. The application form shall be completed and signed by the applicant and filed with the city engineer.

(Ord. 37, 1965)

The applicant shall enclose with, attach or add to the application for a permit a map, plat, sketch, diagram or similar exhibit when required by the city engineer, and of a size and in such quantity as he may prescribe, on which shall be plainly shown any and all information necessary to locate, delineate, illustrate, or identify the proposed use or encroachment and the right of applicant to so use or encroach thereon. If necessary, changes, corrections, and notes will be made on the map, plat, sketch, diagram or similar exhibits and these items will become an integral part of the permit.

(Ord. 37, 1965)

The applicant shall also enclose with, attach or add to the application, the written order or consent to any work thereunder, required by law, of the Public Utilities Commission, Sanitary Districts, Water Districts, or any other public body having jurisdiction. A permit shall not be issued until and unless such order or consent is first obtained and evidence thereof filed with the city engineer. The permittee shall keep himself adequately informed of all state and federal laws and local ordinances and regulations which in any manner affect the permit. The applicant shall at all times comply with and shall cause all his agents and employees to comply with all such laws, ordinances, regulations, decisions, court and similar authoritative orders.

(Ord. 37, 1965)

The permittee shall be responsible for all liability imposed by law for personal injury or property damage proximately caused by work permitted and done by the permittee under the permit, or proximately caused by failure on the permittee's part to perform his obligations under the permit in respect to maintenance. If any claim of such liability is made against the city, its officers, or employees, the permittee shall defend, indemnify and hold them, and each of them, harmless from such claim insofar as permitted by law.

(Ord. 37, 1965)

Applications may be approved, conditionally approved or denied. Where the city engineer finds that the application is in accordance with the requirements of this chapter, he shall issue a permit for the use or encroachment, attaching such conditions as he may deem necessary for the health, safety and welfare of the public and for the protection of the city. If the city engineer finds the application is in conflict with the provisions of this chapter, he shall deny the permit, giving in writing the reasons for the denial.

(Ord. 37, 1965)

A. The schedule of fees will be those recommended by the city engineer and established and adopted by the city council from time to time by resolution. Before a permit is issued the applicant shall deposit with the city, cash or check, in a sufficient sum to cover the fee for issuance of the permit, charges for field investigation, and the fee for necessary inspection, all in accordance with schedule established and adopted by the city council.

B. Public utilities and political subdivisions, at the city engineer's option, may make payment for the above charges as billed by the city instead of advance deposit as required above.

C. Fees will not be required of any public agency which is authorized by law to establish or maintain any works or facilities in, under or over any public street or right-of-way.

(Ord. 37, 1965)

Before a vehicle or combination of vehicles or objects of weight, dimension or characteristic, prohibited by law without a permit, is moved on any public right-of-way, a permit to do so must first be granted by the city engineer as set forth in specifications established by the city engineer and adopted by resolution of the city council.

(Ord. 37, 1965)

The permittee shall begin the work or use authorized by a permit issued under this chapter within ninety (90) days from date of issuance, unless a different period is stated in the permit. If the work or use is not begun within ninety (90) days, or within the time stated in the permit, then the permit shall become void, unless before its expiration the time for beginning has been extended in writing by the city engineer. A permit for temporary encroachments, as determined by the city engineer for continuing a use or maintaining a temporary encroachment previously authorized, shall be valid for a term of one year from date of issuance, unless the permit specifies otherwise, or unless sooner terminated by discontinuance of the use, removal of the encroachment, or termination of the permit by written order of the city engineer mailed thirty (30) days before the date of termination.

(Ord. 37, 1965)

The permittee shall complete the work or use authorized by a permit within the time specified in the permit. If at any time the city engineer finds that delay in beginning, prosecuting, or completing the work or use is due to lack of diligence by the permittee, he may cancel the permit and restore the right-of-way to its former condition. The permittee shall reimburse the city for all expenses incurred by the city engineer in restoring the right-of-way, plus fifteen percent (15%) as administrative costs.

(Ord. 37, 1965)

No permit issued under this chapter is transferable. The person, public agency, firm or corporation actually making or maintaining the encroachment shall obtain the permit and furnish the bond.

(Ord. 37, 1965)

Permits must be written on a form prescribed by the city engineer. No permit shall be valid unless signed by the city engineer or his authorized representative.

(Ord. 37, 1965)

A. The permittee shall keep any permit issued pursuant to this chapter at the site of work, or in the cab of a vehicle when movement thereof on a public street is involved, and the permit must be shown to any authorized representative of the city engineer or law enforcement officer on demand.

B. A permit issued for continued use or maintenance of an encroachment may be kept at the place of business of the permittee or otherwise safeguarded during the term of validity, but shall be made available to an authorized representative of the city engineer or law enforcement officer within a reasonable time after demand therefore is made.

(Ord. 37, 1965)

No changes may be made in the location, dimension, character or duration of the encroachment or use as granted by the permit except upon written authorization of the city engineer. No permit shall be required for the continuing use or maintenance of encroachments installed by public utilities, or for changes therein or thereto where such changes or additions require no excavation of the right-of-way.

(Ord. 37, 1965)