El Dorado County Municipal Code Art. III Encroachment Permits

Application for County highway encroachment permit shall be made upon forms supplied by the Director of Transportation and shall include the following information:

A. Name and address of the applicant, the owner or other person responsible for the proposed encroachment and the contractor or other person actually making the proposed encroachments;

B. Nature of the encroachment;

C. County highway affected;

D. Time and duration of proposed encroachment;

E. Site plans showing relation of encroachment to County highway or route of encroaching vehicle;

F. Supporting documents when required by the encroachment standards provided in this chapter for the type of encroachment proposed;

G. Signature of the applicant;

H. Date application is filed with the County Director of Transportation.

(Prior Code, § 11,231; Code 1997, § 12.08.150; Ord. No. 3766, § 32, 1987; Ord. No. 5051, § 2, 4-18-2017)

A. The Director of Transportation, or his or her designee, may sign and approve on the Board's behalf encroachment permits for improvements that are located within any portion of the right-of-way of any County highway. The improvements constructed under an encroachment permit shall meet the following conditions:

1. The work to be done is in accordance with adopted County design and construction standards.

2. The work to be done is consistent with any applicable County-approved project conditions.

3. The cost of the work to be done is $250,000.00 or less. All work over $250,000.00 shall require the execution of a road improvement agreement, consistent with Subsection B below.

B. The Director of Transportation, or his or her designee, may sign and approve on the Board's behalf road improvement agreements, including any amendments thereto, for the construction of improvements that are located within any portion of the right-of-way of any County highway. The improvements constructed under a road improvement agreement shall meet the following conditions:

1. The work to be done is in accordance with adopted County design and construction standards.

2. The work to be done is consistent with any applicable County-approved project conditions.

3. The work to be done is greater than $250,000.00 but equal to or less than $1,000,000.00. The Board shall approve any road improvement agreement for work that is greater than $1,000,000.00.

4. The party requesting the road improvement agreement provides adequate security in compliance with Sections 12.08.156 and 12.08.157

C. The Director of Transportation, or his or her designee, may, on behalf of the County, accept any improvements constructed under an encroachment permit or a road improvement agreement signed by the Director under Subsection B as complete, including recording the notice of completion if applicable. The Director of Transportation may require that, as a condition of the issuance of the encroachment permit or a road improvement agreement for the construction of an improvement located within any portion of the right-of-way of any County highway, the applicant dedicate such improvements as County-owned improvements and accept such improvements at the time of acceptance of the work as complete.

D. The Department of Transportation may create and modify all encroachment permit and road improvement agreement forms necessary to implement this chapter, subject to approval of County Counsel as to form.

E. This section does not, nor is it intended in any way to alter, modify or supersede any improvement agreement requirements found in Title 120.

F. The Director shall provide a report to the Board annually on the road improvement agreements executed under this authority in the previous fiscal year.

(Code 1997, § 12.08.155; Ord. No. 4403, 1995; Ord. No. 5051, § 2, 4-18-2017; Ord. No. 5194, § 1, 3-10-2024)

Security to guarantee the performance of the road improvement agreement required by Subsection 12.08.155(B) shall be as follows:

A. There shall be security guaranteeing the performance of the road improvement agreement which shall take the form of a corporate surety bond issued by an authorized general surety company in a form approved by the County Counsel; or in lieu of that bond, the applicant may submit a cash deposit to be held by the County, subject to approval by the County Counsel. No alternative securities shall be accepted.

B. In addition to the security required to guarantee performance of the agreement required by Subsection A of this section, there shall be an additional security required to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or improvements required by the road improvement agreement. This security shall take the form of a corporate surety bond issued by an authorized general surety company in a form approved by the County Counsel; or in lieu of that bond, the applicant may submit a cash deposit to be held by the County, subject to approval by the County Counsel. No alternative securities shall be accepted.

(Ord. No. 5194, § 2, 3-10-2024)

Security required by Section 12.08.156 shall be in the following amounts:

A. The security required to guarantee performance of the agreement shall be in an amount equal to the estimated cost of all the improvements to be made under the agreement.

B. The security required to guarantee payments for labor and materials shall be in an amount equal to the estimated cost of the improvements.

(Ord. No. 5194, § 2, 3-10-2024)

The release of that security required by Section 12.08.156 shall be as follows:

A. The security guaranteeing performance of the road improvement agreement may be released up to an amount equal to 90 percent of the estimated cost of the improvement upon acceptance of the work. Ten percent of the amount of the security shall be retained by the County for a period of one year following the completion and acceptance of the work by the County as a guarantee against any defective work, labor done, or defective materials furnished.

B. The security securing the payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may be released after six months following the completion and acceptance of the work required. The release shall be limited to an amount not less than the total of all claims on which any action has been filed and notice thereof given in writing to the Board of Supervisors and/or the Department of Transportation, and if no such action has been filed, the security may be released in full.

(Ord. No. 5194, § 2, 3-10-2024)

A. No encroachment permit shall be issued until the permit application fee and inspection fee have been paid.

1. The following permit application fees must be paid when submitting the application for an encroachment permit: excavation; obstruction; access road (or driveway); adjacent cuts and fills; vehicles, oversize and overloaded; sign or other use established pursuant to Subsection E of this section. These fees shall be in amounts as established by the Board of Supervisors from time to time. Permit application fees are nonrefundable.

2. In addition to the permit application fee, the permittee shall pay the following inspection fees before a permit is issued: excavation; obstruction; access road (or driveway); adjacent cuts and fills; vehicles, oversize and overloaded. These fees shall be in amounts as established by the Board of Supervisors from time to time.

3. In lieu of the inspection fees set forth in Subsection A.2 of this section and in addition to the permit application fee, the permittee will pay the actual County costs of providing inspection of underground facilities, including, but not limited to, water lines, sewers, telephone lines, power lines, gas lines and cables that are placed within the right-of-way limits of the County roads. The inspection fee will be chargeable to the owner of the utility.

4. In lieu of the preceding inspection fees and in addition to the permit application fee, the Director of Transportation may require the permittee to pay the actual County cost of providing inspection. When actual inspection costs are required to be paid, the permittee shall deposit $300.00 with the County Director of Transportation against which the County's actual cost will be charged. Upon completion of the work, the County will refund any amount remaining from the deposit after the County's cost has been deducted or the permittee will pay an additional amount to fully compensate the County for its cost.

B. If any portion of an encroachment has been made prior to issuance of a valid encroachment permit, the permit application fee will be $60.00 in lieu of the amount described in the permit application fee schedule in Subsection A of this section.

C. No notice of appeal to the Board of Supervisors under Section 12.08.210 shall be accepted until an appeal fee in the amount of $50.00 has been paid to the Director of Transportation. If the appeal is for a variance to the encroachment standards and is made after the encroachment permit has been issued, the appeal fee will be $100.00.

D. All such fees paid to the County Director of Transportation shall be paid into the County road fund. A receipt shall be given for each fee paid. The receipts shall be made in quadruplicate upon consecutively press numbered forms supplied by the County Auditor and a copy of each receipt issued or voided shall be delivered to the County Auditor at the time the funds represented thereby are deposited in the County Treasury. No alterations or erasures shall be permitted and when an error is made, the receipt shall be voided by printing "void" across its face, and a new receipt issued. The other copies of the receipts shall remain attached to their binding and kept in the County Director of Transportation's department, subject to inspection at any time by the County Auditor.

E. Sign encroachments. In addition to the encroachment fee for an obstruction established in Subsection A of this section, there shall be an additional annual sign encroachment fee in the amount of $25.00 or such higher amount as created pursuant to Section 130.16.050 and established by the Board of Supervisors. The amount of such additional fee shall be determined by the Board of Supervisors based upon the reasonable value of the use of the County right-of-way property by the adjacent property owner. Fees paid pursuant to this subsection shall be placed in a special fund and shall be used for bike and pedestrian trails or other public improvements to the County right-of-way in the area where the encroachment permits are allowed and for the administration of this subsection.

(Prior Code, § 11,232; Code 1997, § 12.08.160; Ord. No. 3162, § 1, 1981; Ord. No. 3766, § 33, 1987; Ord. No. 5051, § 2, 4-18-2017)

A. Prior to the issuance of any encroachment permit, the applicant shall deposit with the County Director of Transportation, in cash, money order or certified check, payable to the County Transportation Division, the estimated cost of repairing any damage which may occur to the County highway by reason of the encroachments as determined by the Director of Transportation. The deposits shall be retained in the Director of Transportation's trust fund. So much of the deposit as may be needed to repair the County highway to its original condition, not performed by the permittee within the time specified in the encroachment permit, shall be paid into the general fund of the County Treasury upon completion of the repair work by the Director of Transportation. The balance of the deposit shall be returned to the permittee when the Director of Transportation determines that the County highway has been fully restored as required by this chapter and in any event within six months after the time specified for the completion of the restoration in the permit.

B. Where the applicant has obtained or applied for a series of three or more encroachment permits, in lieu of the special deposit required in Subsection A of this section, the Director of Transportation may accept a general cash deposit sufficient in his or her opinion to secure the restoration of County highways for all outstanding permits issued to the permittee, as provided in this subsection. Where the amount of the general deposit exceeds $1,000.00, a corporate surety bond may be substituted for the deposit, conditioned upon the full repair of all County highways damaged by any encroachment within the times specified in any permit issued therefor. Nothing in this subsection shall be deemed to eliminate the requirement for a separate permit for each new encroachment not specifically authorized by permit.

C. The Director of Transportation may at any time require an increase in any special or general deposit to adequately secure the repair of any County highway damage caused by an encroachment. Failure to post the additional deposit will be grounds for the revocation of any and all excavation permits issued to the permittee and the denial of new permits to the permittee.

D. A cash deposit or bond will not be required of any public agency or public utility having lawful authority to occupy the highways unless the applicant has failed to comply with the provisions of this chapter or with the provisions of any previous permit issued by the Director of Transportation.

E. If a driveway encroachment is not able to be completed, as required for a certificate of occupancy due to seasonal adverse weather or soil condition, the Director of Transportation may accept a cash deposit or other security in a form approved by the County Counsel's office of $1,000.00 as a guarantee that the encroachment will be completed within a period not to exceed six months therefrom. If the encroachment is not completed within the time limit, the County will let a contract to complete that portion of the work required within the County road right-of-way. Any funds remaining after deducting an amount of $50.00 to cover County costs and the payment to the contractor will be refunded to permittee.

(Prior Code, § 11,233; Code 1997, § 12.08.170; Ord. No. 3766, § 3, 1987; Ord. No. 5051, § 2, 4-18-2017)

After receipt of an application, accompanied by the required documents, payment of the required fees, and posting of the required deposit, the County Director of Transportation may issue an encroachment permit therefor upon standard forms prepared by the County Director of Transportation, provided all of the requirements of this chapter have been met.

(Prior Code, § 11,234; Code 1997, § 12.08.180; Ord. No. 3766, § 34, 1987; Ord. No. 5051, § 2, 4-18-2017)

Every permit issued by the Director of Transportation shall be subject to the following conditions, which shall be specified in the permit:

A. The encroachment permit may be revoked at any time, without cause, by resolution of the Board of Supervisors adopted after mailing a notice of intention to revoke the permit to the permittee at the address specified in the permit at least ten days prior to the adoption of the resolution.

B. The encroachment permit is subject to all of the requirements and provisions of this chapter and any past and future amendments thereof.

(Prior Code, § 11,235; Code 1997, § 12.08.190; Ord. No. 3766, § 35, 1987; Ord. No. 5051, § 2, 4-18-2017)

Any application for an encroachment permit may be denied, and any encroachment permit issued may be revoked, by written order of the Director of Transportation, effective immediately, a copy of which shall be mailed to the permittee at the address specified in the permit, upon any one or more of the following grounds:

A. Violation of any of the provisions of this chapter;

B. Misrepresentation of any material fact in the application;

C. Violation of any of the terms or conditions of the permit;

D. Failure to post, or withdrawal of, the required deposit.

(Prior Code, § 11,236; Code 1997, § 12.08.200; Ord. No. 3167, § 5, 1981; Ord. No. 3766, § 36, 1987; Ord. No. 5051, § 2, 4-18-2017)

The action of the Director of Transportation in:

A. Refusing to issue an encroachment permit;

B. Failing to act upon an application for an encroachment permit within 30 days after it is filed;

C. Imposing unreasonable terms or conditions on the permit; or

D. Revoking an encroachment permit;

may be appealed to the Board of Supervisors in accordance with the provisions under Chapter 2.09 et seq., by filing a notice of appeal with the Director of Transportation within 15 days following the action appealed from. The notice shall state one or more of the grounds for appeal set forth in this section relied on by the appellant. The Director of Public Works shall immediately forward the notice of appeal to the Clerk of the Board of Supervisors. The Clerk shall place the appeal on the next regular meeting of the Board of Supervisors held more than four days following receipt of the notice, and shall notify the appellant and the Director of Transportation of the date and time of the hearing on the appeal. At the time fixed for the hearing, the Board of Supervisors may take such action on the permits as the Board finds just, and may continue the hearing on the appeal from time to time by order entered in its minutes specifying the date and time of the continued hearing.

(Prior Code, § 11,237; Code 1997, § 12.08.210; Ord. No. 3766, § 37, 1987; Ord. No. 5051, § 2, 4-18-2017)