Concord Municipal Code Art. I General

For the purpose of this article, the following words and phrases shall have the meanings ascribed to them as follows:

City. The City of Concord, a municipal corporation.

City Engineer. Any references to “Superintendent of Streets” as stated in this chapter shall also refer to “City Engineer,” as defined by Section 2.10.150.

Encroach or encroachment. Going over, upon, under, or using any right-of-way or watercourse in such a manner as to prevent, obstruct, or interfere with its normal use, including the performance thereon of any of the following acts: (1) excavating, filling, or disturbing the right-of-way or watercourse; (2) erecting or maintaining any flag, banner, decoration, post, sign, pole, fence, guardrail, wall, loading platform, mailbox, pipe, conduit, wire, or other structure on, over, or under a right-of-way or watercourse; (3) planting any tree, shrub, grass or other growing thing within a right-of-way or watercourse; (4) placing or leaving on a right-of-way or watercourse any rubbish, brush, earth, or other material of any nature whatsoever; (5) constructing, placing, or maintaining on, over, under, or within the right-of-way any pathway, sidewalk, driveway, curb, gutter, paving, or other surface or subsurface drainage structure or facility, any pipe, conduit, wire, or cable; (6) traveling on the right-of-way by any vehicle or combination of vehicles or object of dimension, weight, or other characteristic prohibited by law without a permit; (7) lighting or building a fire; (8) constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to a right-of-way or watercourse which causes or will cause an encroachment.

Encroachment agreement. An agreement between the permittee and the city for the installation, construction, creation, revision, operation, and maintenance of encroachment, including the removal of such encroachment.

Moratorium street. Any block that has been reconstructed, repaved, or resurfaced by the City of Concord or any other owner or person in the preceding five-year period, or slurry sealed in the preceding two-year period.

Permittee. Any person, firm, or corporation that proposes to do work or encroach upon a right-of-way or watercourse as herein defined and has been issued a permit for such encroachment by the Director of Public Works.

Private contract. A contract between two or more parties for the installation, construction, revision, operation, or creation of an encroachment, to which contract the city is not a party.

Public street. The full width of the right-of-way of any road, street, highway, alley, lane, or pedestrian walkway used by or for the general public, whether or not said road, street, highway, alley, lane, or pedestrian right-of-way has been improved or accepted for maintenance by the city, except streets and highways forming part of the state highway system.

Right-of-way. Land which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for and dedicated to the general public for street, highway, alley, public utility, or pedestrian walkway purposes.

Superintendent of Streets. The City Engineer, Public Works Director, or his authorized agent.

Watercourse. A channel for the carrying of stormwater, including both natural and artificial watercourses.

(Code 1965, § 7200; Code 2002, § 90-201. Ord. No. 687; Ord. No. 02-8; Ord. No. 22-8 § 6 (Exh. A))

Cross references: Definitions generally, § 1.05.100.

This article shall not apply to officers or employees of the city acting in the discharge of their official duties or to any work being performed by any person, firm, or corporation pursuant to a contract with the city.

(Code 1965, § 7201; Code 2002, § 90-202. Ord. No. 687; Ord. No. 22-8 § 6 (Exh. A))

All permits granted subject to this article shall be subject to the right of the city, and any person or persons entitled thereto, to use any part of a public right-of-way for any purpose for which it may be lawfully used, and no part of a right-of-way may be unduly obstructed at any time.

(Code 1965, § 7202; Code 2002, § 90-203. Ord. No. 687; Ord. No. 22-8 § 6 (Exh. A))

(a) Permits. No person shall encroach or cause to be made any encroachment of any nature whatever within, upon, over, or under the limits of any right-of-way or watercourse; or make or cause to be made any alteration of any nature within, upon, over, or under such right-of-way or watercourse; or construct, put upon, maintain or leave thereon, or cause to be constructed, put on, maintained or left thereon, any obstruction or impediment of any nature whatsoever; or remove, cut, or trim trees thereon; or set a fire thereon; or place on, over, or under such right-of-way any pipeline, conduit, or other fixtures; or 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 place any structure, wall, culvert, or similar encroachment, or make any excavation or embankment in such a way as to endanger the normal usage of the right-of-way or watercourse without having first obtained a permit as required by this article.

(b) Encroachment agreements. No applicant shall be granted a permit for an encroachment that is planned to continue for an indefinite period of time without first entering into an encroachment agreement with the city. No encroachment agreement shall be considered or approved if the applicant has an application for a discretionary permit, license or other entitlement pending before an approving body of the city until final action on the application has been taken by the approving body.

(Code 1965, § 7203; Code 2002, § 90-204. Ord. No. 687; Ord. No. 02-8; Ord. No. 22-8 § 6 (Exh. A))

The following encroachments are specifically prohibited and no applications will be accepted nor permits issued therefor:

(1) Construction or maintenance of a loading dock on or in a public right-of-way;

(2) Erection or maintenance of a post, pole, column, or structure for the support of advertising signs;

(3) Installation or maintenance of underground tanks, vaults, or elevators, except that underground vaults may be permitted as a part of facilities owned by public utilities;

(4) Erection, installation, or maintenance of posts, poles, or columns for the purpose of carrying lights intended primarily for lighting of abutting private property;

(5) Installation or maintenance of signs bearing flashing or moving lights, except for temporary warning signs, barricades, or flashers required for protection of the public during construction operations;

(6) Construction or placement of any fill, wall, pipe, column, pole, fence, tree, shrub or any other thing which would constrict and reduce the capacity of any watercourse to carry stormwater.

(Code 1965, § 7204; Code 2002, § 90-205. Ord. No. 687; Ord. No. 932; Ord. No. 22-8 § 6 (Exh. A))

(a) Temporary moratorium after paving, construction, or reconstruction of public streets. On any paved, constructed or reconstructed public street, the pavement surface shall not be cut or otherwise opened for any encroachment for a five-year period after such pavement, construction or reconstruction is completed. On a slurry sealed street, the pavement surface shall not be cut or otherwise opened for any encroachment for a two-year period after such pavement, construction or reconstruction is completed.

(b) Exceptions. Upon a written request by an applicant, the City Engineer may grant an exception to the moratorium imposed on any public street under this section based a determination by the City Engineer of any of the following:

(1) For emergencies that endanger life or property;

(2) For work necessary to prevent essential utility service interruptions or restore such services after an interruption;

(3) For any work mandated by any federal, state or city legislation;

(4) For situations in which the applicant has no other feasible means to provide utility service to a building; or

(5) For any other situation in which the City Engineer deems an exception to be in the city’s and the residents’ best interests.

(c) Conditions may be imposed. The City Engineer may impose conditions on any exception granted under this section that, in the City Engineer’s determination, are necessary or appropriate to rapidly and completely restore the street and/or pavement surface, which may include, without limitation, base and sub-base repairs, curb replacement and/or restoration, repainting and/or restoring street markings and repaving the street over its full width and/or to any other natural breakpoint in the pavement surface. All such restoration work shall be: (1) performed at the applicant’s sole cost and expense; (2) performed in accordance with all applicable provisions in Title 12 and the city’s standard specifications for public improvements; and (3) completed within 90 days after the applicant completes the work for which the exception was granted.

(Ord. No. 22-8 § 6 (Exh. A))

This article shall not prevent any person from maintaining any pipe or conduit lawfully on or under any public street, or from making excavation as may be necessary for the preservation of life or property or for the restoration of interrupted service when an urgent necessity therefor arises during the hours the offices of the city are closed, except that the person making an emergency use or encroachment on a public street shall apply for a permit therefor within one calendar day after the offices of the city are again opened.

(Code 1965, § 7205; Code 2002, § 90-206. Ord. No. 687; Ord. No. 22-8 § 6 (Exh. A))

It shall be unlawful for any person to apply paint or other permanent marking substance to any paved surface or curbs, except for official traffic markings made by the city or its agents and markings of underground facilities in connection with construction or maintenance work; provided, however, that home street numbers may be painted or applied to city curbs if the applicant shall first procure an encroachment permit as set forth in this article.

(Code 1965, § 7206; Code 2002, § 90-207. Ord. No. 932; Ord. No. 22-8 § 6 (Exh. A))

Any person aggrieved by the actions of any administrative official of the city may appeal said decision to the City Council. Such appeal shall be in accordance with Section 2.05.050. The City Council may affirm, modify, or reverse the action of the administrative official.

(Code 1965, § 7230; Code 2002, § 90-208. Ord. No. 845; Ord. No. 22-8 § 6 (Exh. A))