Concord Municipal Code Art. II Permits and Fees

The written permits required by this article shall be issued by the superintendent of streets, subject to the provisions of this article and other applicable laws.

Encroachment agreements required by this article may be approved by the City Manager.

(Code 1965, § 7210; Code 2002, § 90-231. Ord. No. 687; Ord. No. 02-8; Ord. No. 22-8 § 6 (Exh. A))

(a) Application form. The Superintendent of Streets shall prescribe and provide a regular form of applications for the use of applicants for permits required by this article. The application shall show such information and details as the Superintendent of Streets may deem necessary to establish the exact location, nature, dimensions, duration, and purpose of the proposed use or encroachment.

(b) Exhibits. When required by the Superintendent of Streets, the application shall be accompanied by maps, sketches, diagrams, or similar exhibits to the size and in the quantity as the Superintendent of Streets may prescribe, sufficient to clearly illustrate the location, dimensions, nature, and purpose of the proposed encroachment and its relation to existing and proposed facilities in the right-of-way or watercourse.

(c) Consent of public agencies required. The applicant shall also enclose with, attach, or add to the application the written order or consent to any work thereunder which may be required by law to be obtained. A permit shall not be issued until and unless such order or consent is first obtained and evidence thereof filed with the Superintendent of Streets. 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, and court and similar authoritative orders.

(d) Action on application; issuance of permit. Applications may be approved, conditionally approved, or denied. Where the Superintendent of Streets finds that the application is in accordance with the requirements of this article, 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 Superintendent of Streets finds the application is in conflict with the provisions of this article, he shall deny the permit, giving in writing the reasons for said denial.

(Code 1965, § 7211; Code 2002, § 90-232. Ord. No. 687; Ord. No. 22-8 § 6 (Exh. A))

(a) Form and validity. Permits must be written on a form prescribed by the Superintendent of Streets. No permit shall be valid unless signed by the Superintendent of Streets or his authorized representative. Encroachment agreements shall be in a form acceptable to the City Attorney and shall be recorded in the Office of the County Recorder.

(b) Time limit for beginning work. The permittee shall begin the work or use authorized by a permit issued pursuant to this article within 90 days from date of issuance, unless a different period is stated in the permit. If the work or use is not begun accordingly, then the permit shall become void.

(c) Time limit for completion of work. The permittee shall complete the work or use authorized by a permit issued pursuant to this article within the time specified in the permit. If at any time the Superintendent of Streets finds that the delay in the prosecution of completion of the work or use authorized is due to lack of diligence on the part of the permittee, he may cancel the permit and restore the right-of-way or watercourse to its former condition. The permittee shall reimburse the city for all expenses by the Superintendent of Streets in restoring the right-of-way or watercourse.

(d) Display of permit.

(1) The permittee shall keep any permit issued pursuant to this article 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 Superintendent of Streets or law enforcement officer on demand.

(2) 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 Superintendent of Streets or law enforcement officer within a reasonable time after demand therefor is made.

(e) Nonassignment of permits. Permits shall be issued only to the person, firm, or corporation making application therefor and may not be assigned to another person by the permittee. If any permittee assigns his permit to another, the permit shall become void.

(f) Changes in permit or work. 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 Superintendent of Streets; however, the location of underground pipes or conduits smaller than six inches in diameter shall be exempt from this requirement. 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.

(Code 1965, § 7212; Code 2002, § 90-233. Ord. No. 687; Ord. No. 02-8; Ord. No. 22-8 § 6 (Exh. A))

(a) The schedule of fees will be those recommended by the Superintendent of Streets 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 the schedule established and adopted by the City Council.

(b) Public utilities may, at the Superintendent of Streets’ option, make payment for the above charges as billed by the city instead of advance deposit as required above.

(Code 1965, § 7213; Code 2002, § 90-234. Ord. No. 687; Ord. No. 850; Ord. No. 22-8 § 6 (Exh. A))

(a) Cash deposits. Unless this part is waived in the permit and before a permit is effective, the permittee shall deposit with the Superintendent of Streets, or agent authorized by resolution of the City Council, cash or a certified or cashier’s check, in the sum to be fixed by the Superintendent of Streets as sufficient to reimburse the city for costs of restoring the right-of-way or watercourse to its former condition, based on the schedules, if any, adopted by resolution of the City Council; provided, however, that the permittee may file a cash deposit on an annual basis in a sum estimated by the Superintendent of Streets as sufficient to cover his activities during any 12-month period.

(b) Bond in lieu of cash deposit. In lieu of the cash deposit prescribed by subsection (a) of this section, the permittee may, upon approval by the Superintendent of Streets, file a cash deposit in the minimum sum established by the schedule, if any, adopted by the City Council and in effect at the time of application for a permit, and the balance of the sum fixed by the Superintendent of Streets as sufficient to reimburse the city expenses incurred in restoring the right-of-way or watercourse to its former condition may be filed in the form of an approved surety bond issued by a company authorized to do a general surety business in the state.

(c) Annual bond. In lieu of a cash deposit, the permittee may, upon approval of the Superintendent of Streets, annually file with the Superintendent of Streets an approved surety bond issued by a company authorized to do a general surety business in the state, in a sum fixed by the Superintendent of Streets as sufficient to reimburse the city for expenses to be incurred in restoring the right-of-way or watercourse to its former condition, subject to the schedules, if any, adopted by resolution of the City Council.

(d) Bond for continuing use. An applicant for a permit for a use or encroachment, which is to continue or remain within, under, or upon a watercourse or right-of-way of a public highway beyond the time authorized for construction or installation, shall file with the City Clerk a cash deposit or surety bond issued by a company authorized to do a general surety business in the state in a penal sum to be fixed by the Superintendent of Streets as sufficient to reimburse the city for all expenses incurred by the Superintendent of Streets in making the watercourse available for flow of stormwater or in making the right-of-way safe and convenient for the travel of the general public, subject to the schedules, if any, adopted by resolution of the City Council and in effect at the time of application for a permit.

(e) Additional bond or cash deposit. The Superintendent of Streets may require an additional bond or cash deposit at any time when in his opinion the amount of the bond or cash deposit previously made is insufficient, subject to the schedules, if any, adopted for that purpose by the City Council and in effect at the time of application for a permit.

(f) Condition of bond and cash deposit. The condition of any bond or cash deposit made pursuant to this division shall be that the permittee will diligently and with good faith comply with this article and the terms and conditions of the permit.

(g) Bond payable to city. Any bond or cash deposit required by the Superintendent of Streets pursuant to this article shall be payable to the city. Upon satisfactory completion of all work authorized in the permit and fulfillment of all conditions of the permit, the bond or cash deposit will be released.

(h) Exclusions. Cash deposits or bonds will not be required of any public utility or 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.

(i) Insurance. Each person or entity prior to the granting of an encroachment permit shall furnish to the city a certificate showing that such person or entity has then in force a policy of commercial general liability insurance naming the city as an additional insured in an amount of not less than $1,000,000 per person or per occurrence combined single limit or some other amount as shall be determined to be acceptable by the Director of Public Works and/or the City Attorney. The permittee shall keep in full force and provide evidence of such policy of insurance to the Director of Public Works during such time as the permittee is performing work in the public right-of-way for which the encroachment permit was issued.

(Code 1965, § 7214; Code 2002, § 90-235. Ord. No. 17; Ord. No. 687; Ord. No. 22-8 § 6 (Exh. A))