Napa County Municipal Code Art. I Permit Requirements

Footnotes:

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Editor's note— Ord. No. 1470, § 1, adopted July 13, 2021, amended former Art. I, §§ 12.04.010—12.04.130 in its entirety to read as herein set out. Former Art. I pertained to similar subject matter and derived from Prior code, §§ 4100—4103, 4105, 4108, 4109, 4111; Ord. No. 837, § 6, 1987; Ord. No. 906, § 2, 1989; Ord. No. 1422, § 1, 6-18-2017.

"Right-of-way" means any improved or unimproved highway, road, street, lane or alley which has been accepted as and declared to be part of the county road system; provided, however, that the provisions of this chapter shall not apply to highways forming a part of the state highway system.

(Ord. No. 1470, § 1, 7-13-2021)

A. It is unlawful for any person, firm, corporation or other body or association of persons, including municipal corporations, sanitation districts, sanitary districts, cities and towns to leave, make or cause to be made any excavation or obstruction, or to perform work of any nature within, upon or under the limits of the right-of-way in the unincorporated territory of the county without a valid encroachment permit.

B. It is unlawful for any person, firm, corporation or other body or association of persons, including municipal corporations, sanitation districts, sanitary districts, cities and towns to knowingly violate a term or condition of an encroachment permit.

(Ord. No. 1470, § 1, 7-13-2021)

The provisions of this chapter shall not apply to any officer or employee of the county in the discharge of the officer's or employee's official duties, or to any public works project performed under contract with the county.

(Ord. No. 1470, § 1, 7-13-2021)

Notwithstanding the road setbacks in Chapter 18.112, the county roads commissioner may issue permits for encroachments in the right-of-way in accordance with this chapter. The county roads commissioner may delegate duties performed under this chapter to other county employees.

(Ord. No. 1470, § 1, 7-13-2021)

Applications for encroachment permits shall identify the owner of the proposed encroachment, the nature of the encroachment and its proposed location, be submitted on forms as may be prepared by the county roads commissioner, and include any information the county roads commissioner determines is necessary to evaluate the encroachment's potential impact on current and future uses of the right-of-way.

(Ord. No. 1470, § 1, 7-13-2021)

The county roads commissioner shall issue permits for the following types of encroachments through an administrative and ministerial process. The county roads commissioner may adopt, amend, or rescind standards for the administrative approval of these types of encroachments. The standards shall reference or detail only fixed standards and objective measurements that do not require the exercise of discretion by the county roads commissioner.

A. Paved driveways or hardscape improvements to the extent necessary to provide vehicular or pedestrian access to properties adjacent to the right-of-way.

B. Mailboxes or other small encroachments, other than signs, that are a safe distance from the outer edge of the nearest lane of travel as determined by the county roads commissioner.

C. Utility poles, distribution lines or pipelines, meters, pull boxes, or service laterals to convey electricity, natural gas, water, wastewater, or signals for telephone, television, or internet service, that are owned or operated by a public entity, a utility operating under a local or state franchise, or a utility regulated by, or registered with, the California Public Utilities Commission. This does not include electric or natural gas transmission lines or pipelines permitted under section 18.120.010(B) of this Code, or other regional facilities that bring services into Napa County from neighboring jurisdictions, or pass through Napa County to other jurisdictions.

D. Public transit bus stops.

E. Signs described in sections 18.116.020(B), and 18.116.120(A) and (B), that otherwise comply with this Code.

F. Small wireless facilities that comply with Chapter 12.05 of this Code and are installed on existing structures in the right-of-way.

G. Eligible facilities requests that comply with Chapter 12.05 of this Code and do not substantially change the physical dimensions of the existing wireless towers or base stations, pursuant to Title 47, section 1455(a)(1) of the United States Code (47 U.S.C. § 1455(a)(1)).

H. Fire hydrants.

I. Temporary obstructions such as debris boxes or portable moving containers.

J. Temporary obstructions necessary to construct, repair, or maintain improvements in or adjacent to the right-of-way, provided that adequate traffic control is maintained throughout the duration of the obstructions.

K. Any encroachments approved by the board of supervisors or the planning commission.

(Ord. No. 1470, § 1, 7-13-2021)

A. The county roads commissioner may approve applications for encroachments other than those set forth in section 12.04.060 after considering the following factors and any other factors deemed relevant by the county roads commissioner:

1. The legal right or necessity to encroach in the right-of-way;

2. The public benefit or interest in the encroachment;

3. Aesthetics, including impacts to viewsheds under Chapter 18.106;

4. Public safety; and

5. Environmental impacts.

B. The county roads commissioner may approve, deny, or impose conditions on the approval of an application for an encroachment permit under this section.

(Ord. No. 1470, § 1, 7-13-2021)

Owners of encroachments in the right-of-way who are issued a permit under this chapter shall comply with all the following conditions, in addition to any other conditions imposed by the county roads commissioner. As a condition of issuing a permit, the county roads commissioner may require the owner of an encroachment to execute an agreement to comply with these and any other conditions, and record the agreement with the recorder division of the assessor-recorder-county clerk department where the owner of the encroachment is also the owner of the adjacent property.

A. The owner shall replace, repair or restore the right-of-way promptly upon completion of construction or maintenance activities, to the same condition existing prior to such work. If the right-of-way is not promptly restored, the county roads commissioner may do whatever work is necessary to restore the right-of-way to its former condition at the expense of the owner of the encroachment.

B. The owner shall maintain the encroachment in a good, safe and operable condition.

C. The owner shall remove or relocate the encroachment, at the owner's expense, as necessary for the construction, operation, or maintenance of the right-of-way or any utility service therein, or for any other governmental purpose. The owner shall remove or relocate the encroachment within thirty days after notice unless a longer period is specified by the county roads commissioner. If the owner fails to timely remove or relocate the encroachment, the county roads commissioner may do so at the owner's expense.

D. The owner shall defend, indemnify, protect and hold the county, its officers and employees, harmless from and against all claims or liability for damages or injuries to any person or property which arise from, or are caused or claimed to be caused by the construction, operation, maintenance, or existence of the encroachment in the right-of-way, except for any claims or liability arising from the active or sole negligence, or willful misconduct of the county.

(Ord. No. 1470, § 1, 7-13-2021)

Applications for encroachment permits shall include payment of fees established by resolution of the board of supervisors. The county roads commissioner may also require applicants to post a bond to ensure compliance with encroachment permit conditions.

(Ord. No. 1470, § 1, 7-13-2021)

Owners of encroachments shall provide, erect and maintain such lights, barriers, warning signs and other means necessary to protect the traveling public during construction and maintenance activities. The county roads commissioner's specification or approval of traffic control or safety plans shall not excuse the owners of the encroachments from complying with all legal requirements and properly protecting the safety of those using the right-of-way.

(Ord. No. 1470, § 1, 7-13-2021)

Nothing in this chapter shall relieve an owner of an encroachment from the obligation to obtain a building permit as may otherwise be required by this Code.

(Ord. No. 1470, § 1, 7-13-2021)

A. An encroachment permit issued under this chapter may include a date by which construction must commence or be completed, and may also include an expiration date by which the encroachment must be removed by the owner. An encroachment may remain in the right-of-way after the expiration of the permit if the owner has executed an agreement for maintenance and removal of the encroachment pursuant to section 12.04.080.

B. The county roads commissioner may revoke an encroachment permit if:

1. The owner fails to comply with this chapter or any obligation or condition in the encroachment permit;

2. The county roads commissioner determines the encroachment is a threat to the health or safety of the public; or

3. After any work is commenced in the right-of-way, the owner fails to diligently prosecute and complete the work in a timely manner.

C. Upon the expiration or revocation of an encroachment permit, the owner shall promptly remove the encroachment and restore the right-of-way to its original condition. If the owner fails to timely remove the encroachment, the county roads commissioner may do so at the owner's expense.

(Ord. No. 1470, § 1, 7-13-2021)

A. A decision to approve, deny, or impose conditions on the approval of an application for an encroachment permit under section 12.04.070, or to revoke an encroachment permit under section 12.04.120, may be appealed to the board of supervisors pursuant to Chapter 2.88.

B. A decision to approve or deny an application for an encroachment permit under section 12.04.060 represents the final decision of the County and is not subject to administrative appeal.

(Ord. No. 1470, § 1, 7-13-2021)

No provision of this chapter shall be construed as preventing the emergency repair of any encroachment lawfully on or under any right-of-way where immediate action is necessary to protect the health or safety of the public or to restore utility services, provided that the owner of the encroachment notifies the county roads commissioner of the emergency work as soon as reasonably possible, and restores the right-of-way to its original condition upon completion of the emergency work.

(Ord. No. 1470, § 1, 7-13-2021)