Sebastopol Municipal Code Ch. 12.48 Encroachment Permit

“City street” includes all or any part of the entire width of a City street or public right-of-way, whether or not such entire area is actually used for street purposes.

“Encroachment” includes any curb, gutter, culvert, sidewalk, underground utility, above ground utility or any other structure or object of any kind or character not particularly mentioned in this chapter, which is placed in, under or over any portion of a City street or other City-owned parcel or easement.

No person shall create or construct any encroachment without first having obtained a written permit from the Sebastopol Public Works Engineering Department.

The Public Works Engineering Department may issue such written permits authorizing the permittee to do any of the following acts:

A. Make an opening or excavation for any purpose in any City street or easement;

B. Place, change or renew an encroachment, except that no permit shall be required for changes, renewals or replacements of encroachments installed by public utility corporations when the work is performed by the utility’s own personnel, and where such changes, renewals or replacements require no opening or excavation of a City street.

Any act done under the authority of a written permit issued pursuant to the provisions of this chapter shall be done in accordance with all applicable City rules, regulations and standards, and the terms and conditions of such permit.

A. Any permit issued under the provisions of this chapter may provide that the permittee will pay the entire expense of replacing the public facilities such as street, curb, gutter and sidewalk or any other City facilities damaged during the construction in accord with any applicable current City standards, and may provide such other conditions as to the location and the manner in which the work is to be done as the Public Works Engineering Department finds necessary for the protection of the public facilities.

B. The City Engineer and/or Public Works Director may establish conditions of approval for any encroachment permit as deemed necessary to comply with current City standards, rules and regulations. (Ord. 1153 § 2, 2025)

Any permit issued pursuant to SMC 12.48.020(B) shall contain a provision that in the event that any future improvement of the street to accommodate public travel necessitates the relocation or removal of an encroachment placed pursuant thereto, the permittee will relocate or remove the same at his sole expense. In such case the City shall serve on the permittee a written demand specifying the place of relocation or that the encroachment must be removed from the City street, and specifying a reasonable time within which the work of relocation or removal must be commenced. The permittee must commence such relocation or removal within the time specified in such demand and thereafter diligently prosecute the same to completion.

The City Engineer and/or Public Works Director or their designee may supervise any work done under permits issued under the provisions of this chapter. (Ord. 1153 § 2, 2025)

Permittees under this chapter may excavate within City streets for the purpose of making repairs in such cases of emergency requiring immediate action. In such cases the Public Works Director shall be promptly notified of any such action and such permittee at his own expense shall immediately replace such City street in as good condition as before the excavation. (Ord. 1153 § 2, 2025)

Before granting a permit under the provisions of this chapter, the City Engineer may require the applicant to file with the City Council a satisfactory bond payable to the City in such amount as the City Engineer deems sufficient, conditioned upon proper compliance by the permittee with the provisions of this chapter.

Except as otherwise provided in this chapter, the bonds specified herein shall not be required of any City, public corporation, political subdivision or public utilities corporation which is authorized by law to establish or maintain any works or facilities in, under or over any City street, nor shall the application of any permittee of the class specified in this section be denied. Each such applicant is entitled to a permit, but is otherwise subject to the provisions of this chapter and to all reasonable conditions and provisions made by the City Engineer in any such permit.

In addition to the requirements provided in SMC 12.48.080 and 12.48.090, and before granting a permit under the provisions of this chapter, applicants shall be required to file with the City a certificate, or certificates of insurance, and endorsements evidencing coverage in the forms and amounts specified for each category of permit as set forth in a separate resolution of the City Council.

It is the intent of this chapter that compliance herewith shall be in accord with other City rules and regulations insofar as they may relate to or be impacted by excavation, grading and drainage improvement activities governed by this chapter, including but not limited to SMC Title 16, Subdivisions; Chapter 8.12 SMC, Tree Protection; Chapter 15.16 SMC, Flood Damage Prevention; and others not listed here. In cases where there is a conflict, the more restrictive requirements shall apply.

All other ordinances or parts of ordinances relating to the authority, processing and issuance of permits covered under this chapter are hereby repealed.

Fees shall be assessed as set forth in the fee schedule adopted by separate resolution of the City Council.