Chapter 15.50 — EXCAVATION/ENCROACHMENT PERMITS
San Jose Municipal Code · 2026-09 edition · updated 2026-09-29 · San Jose
15.50.100 - Requirements.¶
A.
No provider of gas, water, telephone, electricity or telecommunications services to inhabitants of the city through a franchise or other legal authority shall install or construct any structures on any city right-of-way or excavate any city right-of-way except pursuant to a major or minor excavation/encroachment permit issued pursuant to this chapter. "Telecommunications services" means, but is not limited to, the transmission of voice, data, video or other information by wire, radio, light and other electronic or electromagnetic systems.
B.
Nothing contained in this Chapter 15.50 shall authorize the installation or maintenance of pay telephones in the public right-of-way.
C.
The procedures of this chapter shall supersede any conflicting provisions contained elsewhere in the municipal code.
(Ord. 25099.)
Part 2 - DEFINITIONS
15.50.200 - Director.¶
"Director" means the director of public works.
(Ord. 25099.)
15.50.210 - Emergency.¶
"Emergency" means an unexpected and suddenly occurring event making immediate action necessary to protect life, property or public welfare.
(Ord. 25099.)
15.50.220 - Major excavation/encroachment permit.¶
"Major excavation/encroachment permit" means a permit issued in accordance with this chapter for installation or construction of structures in the public right-of-way or excavation of the public right-of-way which does not qualify for a minor excavation/encroachment permit.
(Ord. 25099.)
15.50.230 - Major street.¶
"Major street" means a street or portion of a street designated on the "major city street" list established by the director.
(Ord. 25099.)
15.50.240 - Minor excavation/encroachment permit.¶
"Minor excavation/encroachment permit" means a permit issued in accordance with this chapter for installation or construction of structures in the public right-of-way or excavation in the public right-of-way when the work constitutes:
A.
An emergency or urgency;
B.
Repair of a leak or broken pipe or repair of a conduit or cable;
C.
Regular routine service work which does not require excavation of a major street or the installation of new structures.
(Ord. 25099.)
15.50.250 - Special project.¶
"Special project" means a project requiring a major excavation/encroachment permit and requiring city inspections for thirty or more working days to complete.
(Ord. 25099.)
15.50.260 - Structure.¶
"Structure" means anything, except utility pole and associated appurtenances, which is constructed, erected or placed on a site, and is attached or affixed to something having a permanent location on or under the ground.
(Ord. 25099.)
15.50.270 - Urgency.¶
"Urgency" means an unexpected event which requires immediate remedial action but does not pose threat to life, property or the public welfare.
(Ord. 25099.)
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