Clovis Municipal Code Art. 2 Encroachment Permit Requirements

No person shall encroach or cause to be made an encroachment of any nature whatever within, upon, over, or under the limits of any right-of-way in the City without having first obtained an encroachment permit as required by this chapter and paid all fees associated therewith. Failure to obtain an encroachment permit shall result in penalties consistent with Section 7.2.217. Notwithstanding the foregoing, no permit shall be required of officers or employees of the City acting in the discharge of their official duties.

The permits required by this chapter shall be issued and enforced by the City Engineer subject to conditions set forth in this chapter or required by law. The City Engineer has been delegated authority to issue, approve and execute permits pursuant to this chapter.

(§ 1, Ord. 20-04, eff. April 1, 2020)

The City Engineer shall provide a form of application for encroachment permits required by this chapter. The application shall provide all information necessary, in the judgment of the City Engineer, to establish the exact location, dimensions, duration, and purpose of the proposed use or encroachment. The application shall be accompanied by maps, plats, sketches, diagrams, or similar exhibits, to the satisfaction of the City Engineer.

(§ 1, Ord. 20-04, eff. April 1, 2020)

The City Engineer shall act on the application within thirty (30) working days. Where the City Engineer finds that the requirements of this chapter have been met, and the required fees paid, the City Engineer shall issue a permit for the use or encroachment, attaching such conditions as he or she 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 requirements of this chapter have not been met, the permit shall be denied with written reasons for such denial.

(§ 1, Ord. 20-04, eff. April 1, 2020)

This chapter shall not prevent any person, firm or corporation from maintaining any pipe or conduit lawfully on or under any right-of-way, or from making excavation as may be necessary for the preservation of life or property; provided, that such person shall notify the City Engineer by telephone the day such work is performed. If such an emergency arises after normal business hours, the person making an emergency use or encroachment shall immediately leave a message with the Engineering Department and contact the Clovis Police Department. The person making an emergency use shall apply for an encroachment permit on the next available business day.

(§ 1, Ord. 20-04, eff. April 1, 2020)

No person or entity shall install any public utilities equipment in the right-of-way or easement without first obtaining an encroachment permit from the City. Any disturbance of pavement, sidewalk, driveways, landscaping, striping or other surfaces shall be restored, repaired or replaced in accordance with City of Clovis Standard Specifications and Standard Drawings.

Wireless telecommunication facilities must also comply with the standards of Chapter 9.42. An encroachment permit will not be issued until the City has approved the wireless telecommunication facilities.

(§ 1, Ord. 20-04, eff. April 1, 2020)

Any encroachment permit issued pursuant to this chapter shall be subject to the right of the City or any other person or entity entitled thereto to use that part of the right-of-way or easement for any purpose for which it may be lawfully used, and no part of the right-of-way or easement shall be unduly obstructed at any time. All work or use shall be planned and executed in a manner that will least interfere with the safe and convenient travel of the general public.

(§ 1, Ord. 20-04, eff. April 1, 2020)

The City shall establish by resolution a schedule of fees for engineering, review, inspection, and other services to be rendered by the City in connection with work to be performed pursuant to the provisions of this chapter.

(§ 1, Ord. 20-04, eff. April 1, 2020)

(a) Prior to issuance of a permit, the City Engineer may require the permittee to provide a deposit with the City in the form of cash, certified check, cashier’s check, or an approved surety bond in a sum to be fixed by the City Engineer as sufficient to reimburse the City for the costs of restoring the right-of-way or easement to its former condition; and to cover the permittee’s activities during any twelve (12) month period.

(b) The City Engineer may require an additional cash deposit or surety bond at any time when, in the opinion of the City Engineer, the amount of the cash deposit or surety bond previously made is insufficient.

(c) The requirements set forth in this section may be waived by the City Engineer if the applicant’s work is adequately covered by existing surety bonds or other enforcement procedures or permits, as determined by the City Engineer.

(d) Any deposit or bond required by the City Engineer pursuant to this chapter shall be filed with the City Engineer and shall be payable to the City. Upon satisfactory completion of all work authorized by the permit, and fulfillment of all conditions of the permit, including the warranty period set forth in Section 7.2.314, the bond or cash deposit will be released; provided, that the City Engineer may, in his or her discretion, allow the earlier release of the bond or cash deposit.

(e) Cash deposits or bonds shall not be required of any public utility or public agency that is authorized by law to establish or maintain any works or facilities in, under, or over any right-of-way.

(§ 1, Ord. 20-04, eff. April 1, 2020)

The permittee shall indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities (including without limitation reasonable attorney fees and costs of litigation), of every nature arising out of or in connection with the alleged or actual acts, errors, omissions or negligence of permittee relating to the work or use authorized by an encroachment permit, unless the injuries or damages are the result of City’s sole negligence or willful misconduct.

(§ 1, Ord. 20-04, eff. April 1, 2020)

The permittee, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of an encroachment permit issued pursuant to this chapter, insurance coverages of the type and with the coverage limits as may be required by the City Engineer. The permittee shall deliver or have on file with the City a Certificate of Insurance which includes all required coverages, endorsements, and names the City of Clovis as additionally insured and as the certificate holder. This criteria applies to all those listed and authorized to perform work under the encroachment permit.

(§ 1, Ord. 20-04, eff. April 1, 2020)

The permittee shall complete the work or use authorized by an encroachment permit issued pursuant to this chapter within ninety (90) days from the date of issuance, unless a different period is indicated in the permit. If the work or use is not completed within ninety (90) days or within the time stated in the permit, then the permit shall become void, and the City Engineer may restore the right-of-way in accordance with this chapter. Upon written request, an extension of time may be granted at the discretion of the City Engineer. The permittee’s obligations set forth in the encroachment permit shall continue through the applicable warranty period.

(§ 1, Ord. 20-04, eff. April 1, 2020)

The permittee shall provide or produce an encroachment permit, at the site of work, when required by any authorized representative of the City Engineer or law enforcement officer. Additionally, when movement on a public right-of-way is involved the encroachment permit must be stored in the cab of a vehicle.

(§ 1, Ord. 20-04, eff. April 1, 2020)

Permittee shall notify in writing all residences and businesses affected by any work or use done under an encroachment permit issued pursuant to this chapter not less than two (2) nor more than five (5) working days prior to beginning such work or use, unless otherwise provided in the permit.

(§ 1, Ord. 20-04, eff. April 1, 2020)

Encroachment permits shall be issued to the applicant (permittee) and may not be assigned to another person or entity once the permit has been issued. No changes may be made to the permittee, location, scope of work, or conditions of an issued encroachment permit, except upon authorization by the City Engineer. Unauthorized changes shall void the permit.

(§ 1, Ord. 20-04, eff. April 1, 2020)

Issuance of a building permit, electrical permit, plumbing permit, demolition permit, or any other permit that may be required by law at the same location and/or in connection with the same activity for which an encroachment permit would be issued under this chapter shall not constitute authorization to encroach on any right-of-way.

(§ 1, Ord. 20-04, eff. April 1, 2020)

Permittee shall obtain permits from all other agencies, as required, and provide copies to the City Engineer at least two (2) working days prior to beginning work or use under the issued encroachment permit.

(§ 1, Ord. 20-04, eff. April 1, 2020)

In the event work is performed within, upon, over, or under the limits of any right-of-way in the City without having first obtained an encroachment permit, the City has the right to pursue all available remedies, including but not limited to removing, relocating, or abandoning the work at the expense of those responsible for performing the unauthorized work. Unauthorized work may also be considered a violation of other codes adopted by the City and may be subject to additional penalties.

(§ 1, Ord. 20-04, eff. April 1, 2020)