San Bruno Municipal Code Ch. 8.16 Encroachment Permits

A. No person shall make, or cause, allow, permit, or suffer to be made any encroachment in the city without having applied for and having been issued an encroachment permit authorizing the same from the director of public works.

B. No permit shall be issued for excavations or pavement cuts in any street that has been resurfaced with 0.10 feet thickness or greater with either asphalt concrete or asphalt rubber hot mix material within five years after the date the city accepted the completion of such resurfacing, or in the case of maintenance projects such as, seal coat, slurry seal, chip seal, etc., within two years after the city has accepted completion. This prohibition shall not apply if the city engineer finds any of the following conditions apply to the application:

1. The work is mandated by city, county, state or federal legislation or is required as a condition of approval to a city issued development permit.

2. The work is required to provide utility services and there is no other reasonable means of providing such service.

3. The work is limited to exploratory potholes to verify utility depth or location.

4. The work is limited to excavations that are essential components of a regional project that will provide substantial public benefit.

5. Public health, safety or welfare requires the work be done before the applicable five-year or two-year limitation.

C. When a permit for excavation or pavement cuts is granted by the director of public works pursuant to subsection B of this section, all restoration and repair work shall be performed in accordance with the standards established by the city engineer.

(Prior code § 20-3.1; Ord. 1419 § 1, 1983; Ord. 1944, 12/12/2024)

A permit fee in an amount to be established by resolution of the city council shall accompany an application for an encroachment permit.

(Prior code § 20-3.2; Ord. 1419 § 1, 1983; Ord. 1944, 12/12/2024)

A. No encroachment permit shall be issued unless the applicant shall have deposited with the public works director one of the following types of security:

1. A bond or bonds by one or more duly authorized corporate sureties;

2. A deposit, either with the city or with a responsible escrow agent or trust company, at the option of the director of public works, of money or negotiable bonds of the kind approved for securing deposits of public moneys;

3. An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the project are on deposit and guaranteed for payment. The interest accrued on any deposit shall inure to the benefit of the depositor.

B. The security shall guarantee the completion of the work authorized by the encroachment permit to the city's specifications, including removal and disposal of any and all debris or waste materials and the restoration of any necessary earth fill, backfill, and repavement to the reasonable satisfaction of the director of public works. The monetary amount of such security shall be based upon an estimate, developed by the director of public works, of the reasonable cost of performing the encroachment project. In the sole discretion of the director of public works, and at the request of any applicant, an applicant may deposit such security to guarantee the performance of multiple encroachment projects, which are expected to occur during a consecutive twelve-month period.

(Prior code § 20-3.3; Ord. 1419 § 1, 1983; Ord. 1944, 12/12/2024)

The director of public works may impose any terms and conditions upon the issuance of an encroachment permit under this article as deemed necessary. All permits issued under this article shall be in writing.

(Prior code § 20-3.4; Ord. 1419 § 1, 1983; Ord. 1944, 12/12/2024)

The director of public works may approve a blanket permit for public utility projects, including, but not limited to, gas, water service and sewer connections, provided that the applicant has on file in the office of the city clerk one or more bonds, deposits, or instruments of credit as described in Section 8.16.030 guaranteeing the matters set forth in that section. The security instrument shall be in an amount established by the director of public works based upon his or her estimate of the cost to complete the work authorized for a typical number of outstanding projects.

(Prior code § 20-3.5; Ord. 1419 § 1, 1983; Ord. 1944, 12/12/2024)

All encroachments shall be undertaken so as to conform to the applicable provisions of the city of San Bruno standard specifications, as approved by the city engineer, or other applicable laws, regulations, guidelines or policies of the city. The city engineer may establish such regulations, guidelines or policies as deemed necessary for encroachments.

(Prior code § 20-3.6; Ord. 1419 § 1, 1983; Ord. 1944, 12/12/2024)