Corte Madera Municipal Code Ch. 12.08 Permits and Fees

The written permits required by this title shall be issued by the director of public works, subject to the provisions of this title and other applicable laws.

(Ord. 469 § 7, 1967)

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

(Ord. 469 § 8, 1967)

When required by the director, the application shall be accompanied by maps, sketches, diagrams or similar exhibits to the size and in the quantity as the director 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.

(Ord. 469 § 9, 1967)

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 director. 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.

In some instances, the town does not own the lands which its streets traverse, its interest being limited to an easement only. Therefor, the permit covers surface operations only at all locations where the town has no subsurface rights and in such cases does not purport to authorize any excavation, laying of pipelines, setting of poles or other operations below the surface of the right-of-way. In such cases it is the responsibility of the permittee to obtain the consent of the owner or owners of the underlying fee before undertaking below-surface operations.

(Ord. 469 § 10, 1967)

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

(Ord. 469 § 11, 1967)

Permits must be written on a form prescribed by the director and no permit shall be valid unless signed by him or his authorized representative.

(Ord. 469 § 12, 1967)

(a) Beginning of Work. The permittee shall begin the work or use authorized by a permit issued pursuant to this title within ninety 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.

(b) Completion of Work. The permittee shall complete the work or use authorized by a permit issued pursuant to this title within the time specified in the permit. If at any time the director 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 town for all expenses incurred by the director in restoring the right-of-way or watercourse.

(Ord. 469 § 13, 1967)

The permittee shall keep any permit issued pursuant to this title 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 director or law enforcement officer on demand.

(Ord. 469 § 14, 1967)

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.

(Ord. 469 § 15, 1967)

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 director; 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 or additions therein or thereto or the construction or removal of service drops where such changes or additions or the construction of such service drops require no excavation in the right-of-way.

(Ord. 469 § 16, 1967)

The schedule of fees will be those recommended by the director of public works or his or her designee and established and adopted by the town council from time to time by resolution. Before a permit is issued, the applicant shall deposit with the town 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 a schedule established and adopted by the town council. Where work for which a permit is required by this title is started or proceeded with prior to obtaining said permit, the fees established by the fees resolution then in effect shall be doubled. The schedule of fees may specify an annual fee to be paid by any public utility or agency that is issued a blanket encroachment permit under Section 12.04.040. (Ord. 469 § 17, 1967)

(Ord. No. 915, § 3, 10-20-2009)