Turlock Municipal Code Art. 3 Encroachment Permits

It shall be unlawful for any person, other than the City, to place, erect, or maintain any sign, advertisement, pipe line, power line, messenger carrier, conduit, or conveyer across, over, under, or above any street or alley in the City, or to place, erect, or maintain any structure, including curbs, gutters, sidewalks, driveways, paving, valley gutters, or sidewalks fronting strips, in any street in the City, or to make any excavation in any street in the City without first obtaining a permit therefor as provided in this chapter. Any permit issued pursuant to this chapter shall not be assigned to any other person.

Applications for the permits required by this chapter shall be made in writing upon forms furnished by the City and shall be made to the City Engineer who shall issue such permits as provided in this chapter, except that any such permit which is to be issued in conjunction with a building permit shall be applied for at the same time the building permit is applied for and shall be issued by the Building Official subject to all the other requirements of this chapter and prior to or concurrently with the issuance of the building permit. The fees for such permits shall be established by resolution.

When requested to do so by the City, applicants shall furnish plans and profiles in duplicate showing the work to be done, the location, the limits of the work, the location of the pavement, the replacement type, and such other information as the City may require. When the original drawings have been signed by the City Engineer, a mylar copy and two (2) prints of each set of the improvement construction details shall be filed with the City by the developer.

The permits required by this chapter shall be secured at least forty-eight (48) hours prior to the time the work under such permit is proposed to commence, except in emergency cases as approved by the City.

No encroachment permit which includes a driveway for access to private property from Main Street between Market Street and Thor Street shall be granted without the express consent of the Council.

The validity of any permit issued shall be subject to the permittee's compliance with all the general provisions of this chapter as well as any special provisions specified in this chapter. All permits issued pursuant to this chapter shall require that all underground facilities shall be of the quality and installed in a manner which may be prescribed or required by law or by the Standard Drawings and Specifications. The issuance of a permit shall not guarantee to the permittee the exclusive use of any surface area occupied by the permittee.

The permit shall expire thirty (30) calendar days after the date of its issuance if no work has been commenced on the project or if there is a thirty (30) calendar day lapse in progress on the project or, if work is pursued diligently, at the time of the completion and acceptance of the work by the City, but no longer than 180 days after the date of issuance, except as provided in Section 7-2-308 of this article; provided, however, in cases where surveying is not required, the permit shall expire thirty (30) calendar days after the permit is issued, and permits issued in conjunction with a building permit shall expire at the same time the building permit expires.

Every permit issued pursuant to this chapter shall specify a completion date for the work. The City, for good cause, may grant a written extension of time to the permittee, which grant shall extend the validity of such permit to such extended time.

The City shall have the right to refuse a permit to any person who is in violation of this chapter or who has failed to comply with the provisions of this chapter in connection with the permit being applied for or any permit previously issued, except as provided otherwise by this chapter.

The City, for noncompliance with any of the provisions of this chapter, may revoke any permit granted pursuant to this chapter.

Should a permit expire and construction not be completed, the work shall be discontinued until another permit has been obtained and the security amended or obtained to guarantee performance under the new permit.

The permit shall specify the following information:

(a) The name and address of the owner;

(b) The name and address of the applicant;

(c) The name, address, and telephone number of the person or contractor who will perform the work;

(d) The location of the property in front of which the proposed construction is to be performed;

(e) The nature, costs, and dimensions of the proposed work;

(f) The required right-of-way dedication, if any;

(g) The estimated commencement date and time schedule and such additional information as the City may require; and

(h) The completion date for the work.

The property owner shall be held responsible for the actions of all parties representing him. A party other than the property owner may assume all or a portion of the responsibilities assigned to the property owner by indicating his willingness to do so and the responsibility assumed in the space provided on the permit.