Nevada County Municipal Code Ch. 2 Regulating Taxiway Encroachments at Nevada County Airport

For the purpose of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.

A. Applicant means any person making written application to the Nevada County Public Works Department for an encroachment permit hereunder is an applicant.

B. Board means the Board of Supervisors of the County of Nevada.

C. Department means Nevada County Public Works Department and the authorized representatives of Public Works.

D. Taxiway means the term "taxiway" includes all or any part of the property at the Nevada County Airport, owned by the County, and the space over it and the ground under it, whether or not such entire area is actually used for taxiway purposes.

E. Encroachment means the term "encroachment" includes any tower, pole, poleline, pipe, pipeline, private taxiway, fence, portable hangar, sign, building, tree, embankment, excavation or any structure or object of any kind or character not particularly mentioned in this Section which is placed in, under or over any portion of a taxiway, taxilane, ramp or tie-down, or which may cause water to back onto any portion of the taxiway, taxilane, ramp or tie-down or which may obstruct the maintenance of or travel on the taxiway, taxilane, ramp or tie-down.

The term "encroachment" shall also include the development of any private facility, taxiway, taxilane, road-way or other means of access to the airport from any off-site access point other than a public road ("through-the-fence" access).

F. Excavation means removal of material and any opening in the surface except an opening into a lawful structure below the surface, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the taxiway.

G. Permittee means any person, firm, company, corporation, association, public agency or organization that proposes to do work or encroach on or access a right-of-way as defined in this Section and has been issued a permit for encroachment by the Department of Public Works. All obligations, responsibilities, and other requirements of the permittee as described in this Section shall be binding on subsequent owners of the encroachment.

H. Portable Hangar means any structure used to provide shelter for an aircraft which is portable in nature and is licensed by the State of California, Department of Motor Vehicles, to be moved over public roadways

I. Tie-Down Area means any area used or designated for future use as an area to "tie-down" aircraft.

(Ord. 2526. (06/13/2023))

No person, firm, company, corporation, association, public agency nor organization shall do or cause to be done any of the following without first obtaining a permit therefor, and complying with all conditions thereof, and all provisions of this Chapter:

A. Fill or excavate on Nevada County Airport property.

B. Install, construct, cut into, improve, or remove any sidewalks, driveways, curbs, gutters, walls, culverts, taxiway or taxilane approaches, or road surfacing, or install, repair or remove any approaches, or road surfaces, or install, repair or remove any facilities or substructures in, on, over, or under any taxiway or taxilane, or erect or remove any structure or portable hangar.

C. Access the airport property from an off-site location other than a public road ("through-the-fence").

D. Place, change, or renew an encroachment.

(Ord. 2526. (06/13/2023))

Applications for permits for performance of any of the acts stated in Section 9.02.020 shall be made in writing upon forms furnished by the Department and approved by the Director of the Department. The form shall be filed with the Department and shall set out the following in detail where applicable:

A. Name and residence or business address and phone number of the applicant.

B. Name and residence or business address and phone number of person to be hired by applicant to do any proposed work. If this information is not known at time of application, the permittee shall provide said information for the Department prior to start of work by the person hired to do the work.

C. Location, dimensions, purpose, extent and nature of the proposed encroachment and business operation, if any.

D. Such other information as may be needed by the Department such as engineering calculations, structural sections, profiles, manufacturer's specifications, etc.

E. The permittee shall keep adequately informed of all State and Federal laws and local ordinances and regulations which affect the permit.

F. The applicant shall enclose with, attach or add to the application for a permit, a map, plat, sketch, diagram, or similar exhibit, when required by the Department, of a size and in the quantity that it may prescribe, on which shall be plainly shown all information necessary to locate, delineate, illustrate, or identify the proposed use or encroachment and the right and necessity of the applicant to cause an encroachment. If necessary, changes, corrections, and notes will be made on the map, plat, sketch, diagram, or similar exhibit and these items will become an integral part of the permit.

G. The applicant shall also provide copies of all permits, licenses and insurance policies which are required to operate any proposed off-site business enterprise.

H. The applicant shall be required to sign an indemnification agreement agreeing to protect and indemnify the County and all of its officers, agents and employees against any claims or liability proximately caused by any work, encroachment, use, access or violation of any law, ordinance, regulation or order issued by any agency having authority and jurisdiction over airport operations.

(Ord. 2526. (06/13/2023))

Before granting a permit under the provisions of this Chapter, the Department may require the applicant to file with the Board security in the form of cash or a satisfactory bond payable to the County of Nevada in such amount as the Department deems sufficient to reimburse the County for costs of restoring the taxiway to its former condition. This Section shall apply where the encroachment will consist of construction work affecting airport property.

The Department may require a new or additional bond or cash deposit at any time that evidence indicates the amount of the bond or cash deposit previously made is insufficient to cover the cost of restoring the taxiway to its former condition. Any bond or cash deposit required by the Department under this Section shall be payable to the County and shall be filed with the Department. On satisfactory completion of all work authorized in the permit and fulfillment of all conditions of the permit, the Board of Supervisors will release the bond or cash deposit on the expiration of ninety (90) days.

The Director of the Department may waive the provisions of this Section relating to cash deposit or surety bond for permits required under this Chapter upon satisfactory proof by certificate of insurance that permittee is adequately insured to assure reimbursement to the County for repair of any damage caused to County property.

In the event any applicant shall refuse to pay fees, costs, or charges due under this Chapter, the Department may, at its discretion, proceed against the surety or bond posted by the applicant pursuant to this Chapter to collect such fees, costs, or charges. The Department may, in addition, refuse to issue any new permits to an applicant with unpaid fees, costs or charges due on any job.

(Ord. 2526. (06/13/2023))

The written permits required by this Section may be issued by the Department for any lawful use, subject to conditions set forth in this Section and required by law. In cases where the encroachment permit is for a continuing use such as "through-the-fence" access, the Department may impose conditions on the encroachment which it deems to be reasonably necessary at the time of issuance of the permit and may, from time to time, amend said permit and the conditions thereon. The permit shall be a revocable license and shall not be construed as the grant of an interest in real property.

(Ord. 2526. (06/13/2023))

The Department may refuse to issue a permit to any applicant who is in default of any terms or conditions of any prior permit issued by the Department. The Department may also refuse to issue a permit if the work or the use would be harmful or detrimental to airport property, airpark business operations or public safety. Any person who contests the decision of the Department may appeal such decision in writing to the Director of the Department within ten (10) days after said refusal, asking for a hearing before the Director. The hearing shall be held not less than fifteen (15) days after receipt of the request by the Director. Any decision of the Director considering such appeal may be further appealed to the Board of Supervisors in writing within thirty (30) days after it is rendered.

(Ord. 2526. (06/13/2023))

The schedule of fees will be those recommended by the Department and established and adopted by the Board from time to time by resolution or ordinance. Before a permit is issued, the applicant shall deposit with the Department for payment to the Treasurer of the

County 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 schedules established and adopted by the Board.

In addition to any fees required for a permit application as set forth in Section 9.01.030(C) above, where the encroachment is for access to Airport property "through-the-fence" the fees set forth in this Code for aircraft parking shall apply to each and every aircraft parked off-site and accessing the airpark pursuant to the encroachment. Fees shall apply to any business operation conducted off-site and accessing the airport pursuant to the encroachment permit.

(Ord. 2526. (06/13/2023))

Encroachment permits issued pursuant to this Chapter are nontransferable.

(Ord. 2526. (06/13/2023))

A permit issued for continuing 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 Department or law enforcement officer within a reasonable time after demand.

(Ord. 2526. (06/13/2023))

All encroachment work done under a permit issued under this Chapter shall conform to specifications established by the Department, or in the absence of established specifications, to recognized standards of construction and approved practices in connection with such work. All encroachment repair work shall be done subject to final approval of the Department.

Unless otherwise noted on the permit, all encroachment work performed on the taxiway shall conform to the construction specifications contained in the current edition of the Standard Specifications of the State of California, issued by the Department of Transportation, as may be amended by special provisions adopted by the Department. All work done on portable hangars shall conform to the current edition of the Uniform Building Code as adopted by the County of Nevada.

No person shall prevent or obstruct any officer or employee of the Department from making any inspection pursuant to this Chapter nor in taking any sample or making any test.

No portable hangar shall be constructed without having a current valid building permit issued by the Nevada County Building Department.

(Ord. 2526. (06/13/2023))

No changes shall be made in the location, dimensions, character, or duration of the encroachment or use granted by the permit except on written authorization by the Department.

The Department may revise any permit pursuant to a written request submitted to the Department by the permittee. (Such revision becomes effective forty-eight (48) hours after deposit in the U.S. Mail of a certified letter addressed to the permittee or upon personal service of such revision on the permittee.)

The Department may revise any permit only upon the following conditions:

A. Such revision is necessary for the public welfare or safety.

B. Such revision is necessary for the permittee to reasonably accomplish its intended goal and does not pose a threat to the financial viability of airport operations or to public safety.

C. Such proposed revision becomes effective forty-eight (48) hours after deposit in the U.S. Mail of a certified letter addressed to the permittee unless permittee requests a hearing on the proposed revision in writing. Any applicant who contests the revision in the permit proposed by the Department may appeal said revision in writing to the Director of the Department within ten (10) days after said notice of revision, asking for a hearing before the Director. The hearing shall be held not less than fifteen (15) days after receipt of the request by the Director. Any decision of the Director considering said appeal may be further appealed to the Board of Supervisors in writing within thirty (30) days after it is rendered.

(Ord. 2526. (06/13/2023))

Where the encroachment permit is for construction or a temporary use, the permittee shall complete the work or use authorized by a permit within the time specified in the permit. If, at any time, the Department finds that delay in beginning, prosecuting, or completing the work or use is due to lack of diligence by the permittee, it may cancel the permit and restore the taxiway or tie-down area to its former condition. In the event the permittee wishes to appeal the cancellation of the permit, permittee may submit such appeal in writing to the Director of the Department within ten (10) days after notice of such cancellation asking for a hearing before the Director. The hearing shall be held not less than fifteen (15) days after receipt of the request by the Director. Any decision of the Director considering said appeal may be further appealed to the Board of Supervisors in writing within thirty (30) days after it is rendered. The permittee shall reimburse the County for all expenses incurred by the

Department in restoring the airport property, plus twenty-five percent (25%) as administrative costs. Where the encroachment permit is for "through-the-fence" access, the permit shall be a revocable license which shall remain in effect until revoked as set forth in this Chapter.

(Ord. 2526. (06/13/2023))

Upon completion of any work or act for which a permit has been granted, the permittee shall notify the Department in writing on a form prescribed by the Department. No work shall be deemed completed without such notice.

The Department may revoke any construction or temporary use encroachment permit by notifying the permittee in writing. Said notification may be personally delivered or deposited in the United States Mail addressed to the permittee at the address shown on the application form. Effective immediately upon personal delivery or forty-eight (48) hours after deposit in the mail, the permit is void and no work may be performed under the permit unless it is reinstated by the Department. In the event the permittee contests the revocation, permittee may appeal such decision in writing to the Director of the Department within ten (10) days after said revocation asking for a hearing before the Director. The hearing shall be held not less than fifteen (15) days after receipt of the request by the Director. Any decision of the Director considering said appeal may be further appealed to the Board of Supervisors in writing within thirty (30) days after it is rendered. The Department may revoke an encroachment permit for "through-the-fence" access upon thirty (30) days' notice to the permittee. In the event permittee contests the revocation, permittee may appeal as set forth above.

(Ord. 2526. (06/13/2023))

The permittee shall take appropriate measures to assure that during the performance of any work normal airport activities are maintained so as to minimize inconvenience to the general public using said airport. The Department may permit the closing of appropriate parts of the airport for specific periods of time if it is necessary and the Department may require the permittee to give notification to both the County and the Airport Manager of work being performed and areas that may require closing to do the job.

(Ord. 1640. (05/08/1990); Ord. 2526. (06/13/2023))

No material shall be stored within any taxiway. Excess earth materials from operations shall be removed from the taxiway.

(Ord. 2526. (06/13/2023))

Each permittee shall conduct and carry out work permitted hereunder in such manner as to avoid unnecessary inconvenience and annoyance to the public and occupants of neighboring property. The permittee shall take appropriate measures to reduce, to the fullest extent practicable in the performance of the work, noise, dust, and unsightly debris.

(Ord. 2526. (06/13/2023))

The permittee shall always and at permittee's own expense preserve and protect from injury any adjoining property by providing proper foundations, shoring, and taking other measures suitable for the purpose. The permittee must obtain permission from the owner of private property to enter upon or do work on such property. The permittee shall be responsible for all damage to any roads or other public or private property, real and personal, resulting from the performance of permittee's work.

(Ord. 2526. (06/13/2023))

Any monument set for the purpose of locating or preserving the lines of the taxiway or taxilane, or a precise survey reference point, or a permanent survey benchmark within the County shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the Department to do so. Before monuments, reference points and benchmarks are disturbed or removed, they shall be tied out by a licensed surveyor or Registered Civil Engineer or under the directions of same. After completion of the work, the monuments, reference points and benchmarks shall be accurately reset at the expense of permittee.

(Ord. 2526. (06/13/2023))

Any permit issued under the provisions of this Chapter shall provide that the permittee shall pay the entire expense of replacing any taxiway, taxilane, ramp, tie-down or airpark property in as good condition as before, and may provide such other conditions as to location and the manner in which the work is to be done as the Department finds necessary for the protection of the taxiway, tie-down or airport property.

(Ord. 2526. (06/13/2023))

If the work, use, or encroachment authorized in a permit interferes with the established drainage, the permittee shall provide for proper drainage as approved by the Department.

(Ord. 2526. (06/13/2023))

As the work progresses, all taxiways, tie-downs or airport property shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All clean-up operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Department. From time to time, as may be ordered by the Department and, in any event, immediately after completion of the work, the permittee shall, at permittee's own expense, clean up and remove all refuse and unused materials of any kind resulting from such work, and upon failure to do so within forty-eight (48) hours after having been notified to do so by the Department, the work may be done by the Department and the cost thereof charged to the permittee. Said notice shall be effective upon personal delivery, or forty-eight (48) hours after deposit in the U.S. Mail of a certified letter addressed to the permittee.

(Ord. 2526. (06/13/2023))

Any permit issued under the provisions of this Chapter shall contain a provision that in the event of the future improvement of the taxiway, necessitating the relocation or removal of such encroachment, the permittee will relocate or remove same at permittee's own expense. In said event, the Department shall serve on the permittee its written demand specifying the place or location or that the encroachment must be removed from the taxiway and specifying a reasonable time within which the work of relocation or removal must be commenced. Permittee shall commence such relocation or removal within the time specified in said demand and thereafter diligently prosecute the same to completion. Permittee shall have all appeal rights set forth in Section 9.02.140 above.

(Ord. 2526. (06/13/2023))

This Chapter shall not be construed as imposing upon the County or any official or employee any liability or responsibility for damages to any person injured by the performance of any work for which the permit is issued hereunder, nor shall the County or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of the inspections authorized hereunder, or the issuance of any permit hereunder.

(Ord. 2526. (06/13/2023))

A. Violation of the provisions of this Chapter shall be an infraction and upon conviction thereof there shall be a mandatory fine imposed, as per Cal. Gov't Code § 25132, as follows:

1. For a first violation, a fine of one hundred dollars ($100.00).

2. For a second violation of the same ordinance (section) within a twelve (12)-month period, a fine of two hundred dollars ($200.00).

3. For a third or subsequent violation of the same ordinance (section) within a twelve (12)-month period, a fine of five hundred dollars ($500.00).

B. The Director of the Department shall be designated as the Nevada County Airport Encroachment Officer and shall be responsible for the enforcement of this Chapter. The Airport Encroachment Enforcement Officer may deputize one (1) or more employees of the Department to carry out the duties of the Enforcement Officer. These duties include:

1. Issuing a citation to any person, firm, company, corporation, association, or public agency which does any of the acts specified in Section 9.02.020 above without the authority of a permit authorizing the act.

2. Issuing a citation to any person, firm, company, corporation, association, or public agency who exceeds the terms of their permit by changing the location, dimensions and character of the act or acts authorized in their permit.

(Ord. 1640. (05/08/1990); Ord. 2526. (06/13/2023))