Chapter 17.284 — ENCROACHMENT PERMITS

Subject to the control of the board of supervisors, there is delegated to the general manager-chief engineer the administration of the use of district facilities, right-of-way and/or easements for excavation, connections and other types of encroachments, and the issuance, modification and revocation of permits for such uses, along with the establishment of a deposit based fee (DBF) schedule for district services.

(Ord. 19 § 1, 2004: Ord. 18 § 1, 2004)

No person, including firms, corporations, public districts, public agencies or political subdivisions, shall make any excavation in, or construct, install or maintain any improvement, structure, utility or encroachment in, on, over or under any district facility, right-of-way or easement thereof, without first obtaining from the district general manager-chief engineer a permit therefor, or maintain the same without such permit or in violation of the terms or conditions thereof. Such a permit shall be issued by the district general manager-chief engineer only upon written application therefor, and payment of the required fee or fees. Such permit shall be issued only if the applicant is a public utility holding a current franchise from the county of Riverside, or a public district, public utility or public service agency having lawful authority for the purpose specified, or a developer whose development has been approved by the flood control district, county of Riverside, or city with jurisdiction, or the owner of an easement for such purpose within the district's right-of-way and/or easement, or if the general manager-chief engineer is satisfied that the use proposed is in the public interest and that there will be no substantial injury to district facilities or impairment of its use as the result thereof, and that the use is reasonably necessary for the performance of the functions of the applicant. Every such permit shall be revocable and the uses and installations thereunder shall be subordinate to any prior right of the district to use the right-of-way and/or easement for public drainage purposes. Every such permit shall be subject to such conditions as the district general manager-chief engineer determines are necessary to assure the safety of the public and the restoration of the right-of-way and/or easement. If any permittee shall fail to refill any excavation or to restore the district's right-of-way or easement to its same condition as prior to the permitted work, the district general manager-chief engineer shall have the right to perform said work and collect in the name of the district the cost thereof.

(Ord. 19 § 2, 2004: Ord. 18 § 2, 2004)

The filing fee for each of the permits subject to this chapter shall be five hundred dollars ($500.00), with the exception of a permit for access to adjacent properties which shall be two hundred fifty dollars ($250.00). This fee, which is for the preparation of the permit and includes research and plan check, is nonrefundable and will be deducted from the initial deposit. District shall draw against the remaining deposited funds for inspection and related services performed. If the initial deposit should be depleted, the 2nd deposit shall be made prior to continuing work under the subject permit.

(Ord. 19 § 3, 2004: Ord. 18 § 3, 2004)

The initial deposit for filing required by this chapter shall be paid at the time the application is filed. Additional deposits (if required) shall be paid prior to continuing to work under the subject permit. Said deposits for permits shall be as follows:

Type of Permit Initial Deposit For Filing Additional Deposit

801 — Storm Drain Connections $2000 $1000

802 — Access to Adjacent $750 $500 Properties

803 — Utility Crossing — $2000 $1000 Underground

804 — Utility Crossing — Aerial $2000 $1000

805 — Parallel Utility — $2000 $1000 Underground

806 — Parallel Utility — Aerial $2000 $1000

807 —Major Construction $3000* $1000*

808 — Surplus Material Removal $2000 $1000

Type of Permit Initial Deposit For Filing Additional Deposit

809—Miscellaneous $2000 $1000 Encroachment

810—Government $2000 $1000

* Major Construction Encroachment Permits may be required to deposit a greater amount if it is determined by the General Manager-Chief Engineer that the project is large enough and that the standard three thousand dollars ($3,000.00) deposit will not be sufficient to complete the review of the project, compliance

with CEQA, issuance of the encroachment permit and inspection of work to be performed under said encroachment permit.

(Ord. 19 § 4, 2004: Ord. 18 § 4, 2004)

Work commencing prior to obtaining permit authorization will pay a one thousand dollar ($1,000.00) penalty (non-refundable) in addition to other fees which will be required as stipulated herein. (No public entity applicant shall be liable for payment of the penalties set forth herein.)

(Ord. 19 § 5, 2004: Ord. 18 § 5, 2004)

Once a project is finished and the final inspection is completed, a notice of completion will be prepared and all unused funds in the applicant's account will be refunded within sixty (60) days.

(Ord. 19 § 6, 2004: Ord. 18 § 6, 2004)