Chapter 4 — Application Requirements

12400 - Applicant requirements.

Every permit issued under this Division for activity, work, or placement of an encroachment in, along, on, over, across, or under the right-of-way is granted subject to the right of the County or of any other person entitled thereto to use that part of the right-of-way for any purpose for which it may lawfully be used. Proof of the applicant's right to use the highway for the purposes set forth in the

application must be filed with the Commissioner. The Commissioner will issue permits in a manner consistent with applicable laws regarding the physical use and occupation of the right-of-way. Permits for temporary encroachments in the right-of-way may be granted to any person, upon the applicant's showing proof of compliance with the insurance requirements in Section 12401(c)(5). Applications for permanent encroachments will be considered only from applicants who have met all the conditions and requirements of this Chapter and who possess and provide valid and current evidence of one (1) of the following grants of authority to occupy the public right-of-way:

(a)

A certificate of public convenience and necessity issued by the California Public Utilities Commission;

(b)

A valid franchise agreement with the County or an exemption from the requirements of a franchise agreement;

(c)

Proof that the applicant holds a statutory franchise or other statutory authority for occupying the right-of-way; or

(d)

Proof that the applicant is the owner of the underlying property or that owner's authorized designee.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12401 - Permit application.

(a)

A permit application is required for each location of encroachment work, except where the applicant holds an administrative permit issued under Section 12500, or is exempt from permitting requirements under Section 12202. Applications for permits regarding wireless telecommunications facilities are also subject to the requirements of Chapter 8.

(b)

By applying for, and, where payment is required, paying or agreeing to pay for a permit, the permittee agrees to be bound by all the terms and conditions set forth in the permit and in this Division.

(c)

All requests to perform encroachment work wholly or partially in the right-of-way must be made in writing on forms provided by the Department, must be signed by the applicant or a duly authorized representative of the applicant, and must be submitted as required to the Department, accompanied by the items listed below, as applicable:

(1)

A plan or sketch showing all of the following:

(A)

The location of the proposed encroachment work in reference to the right-of-way and the edge of the pavement;

(B)

The dimensions, specifications, and characteristics of the proposed encroachment, any excavation, and any road improvement, including, but not limited to, any sidewalk, curb, gutter, major vegetation, driveway approaches, and berms; and

(C)

An accurate location of the proposed encroachment, with reference to the nearest intersection or other permanent landmark; the street address of the location of the proposed encroachment; and the type, depth, and length of all proposed excavations, equipment and appurtenances.

(2)

A cross section of the roadway with all existing and proposed utilities and encroachments shown.

(3)

A traffic control plan that complies with the California Manual on Uniform Traffic Control Devices as necessary for the proposed encroachment. The Commissioner may ask for site-specific traffic control plans prepared by a licensed civil engineer when deemed necessary.

(4)

An estimate of the cost to repair damage to the highway caused by the proposed excavation and encroachment.

(5)

Certificates of insurance and endorsements with the County of Ventura as a certificate holder. The permittee must maintain in full force and effect throughout the term of the permit an adequate insurance policy or policies, including motor vehicle insurance, which fully protects the County from claims and suits for personal injury, death, and property damage. The insurance must be issued to afford coverage for the permittee and in the amount or amounts as determined by County Risk Management.

(6)

License and contact information of any contractor who will be performing work in the right-of-way. All work in the right-of-way must be performed by the applicant, the applicant's staff or a licensed contractor whose license authorizes the type of work proposed unless approved in writing by the Commissioner.

(7)

Where the proposed encroachment includes any new water or sewer service, a letter from the water or sewer service provider indicating that it will serve the proposed connection.

(8)

Any additional information deemed necessary by the Director to evaluate the application and the effects of the proposed encroachment on the existing infrastructure and design of the public right-of-way, including, but not limited to, material specifications, the method of construction, and copies of other required permits.

(d)

If, in the opinion of the Director, the work proposed to be done requires scaled plans or the setting of stakes, or both, the Director may require the application be accompanied by the necessary plans, which plans must be prepared by a competent engineer in sufficient detail to review the impact of the encroachment on the right-of-way and to construct the encroachment. The Commissioner may waive the requirement for scaled plans.

(e)

Each application must specify the estimated time necessary to complete the encroachment work, including the start date and completion date of the proposed encroachment work, based on a reasonable estimate of the time required to complete the work.

(f)

The Director may make such changes or additions in any permit application as in the Commissioner's opinion are necessary for the protection of the highways, for the prevention of undue interference with traffic, and for the safety of persons using such highways, including but not limited to changes to the location, depth, dimensions, character, and number of excavations, changes to any encroachments built or placed, and changes to other permits issued under this Division.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12402 - Noncompliance.

(a)

Where the applicant is regulated by the California Public Utilities Commission, or otherwise has a franchise or statutory right to encroach on the right-of-way, and compliance with this Division is not feasible or would effectively prohibit the applicant from providing or installing a service or facility that the applicant otherwise has a legal right to provide or install, then the permittee must provide evidence as requested by the Commissioner sufficient to support a finding of infeasibility and demonstrating the need for any proposed deviation.

(b)

Where topographical or traffic conditions are such that a deviation from the provisions of Section 12305(a) is necessary for the promotion of traffic safety, and the Commissioner so finds, the Commissioner may permit such a deviation to the extent which he or she finds necessary.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12403 - Agreement to relocate.

Every permittee must, as a condition for every permit, agree in writing that if the encroachment for which a permit is issued interferes with the future surface use of the highway by the general public, then the applicant and the applicant's successors or assigns will at the expense of the applicant, successors or assigns remove or relocate the encroachment to a location satisfactory to the Commissioner. This Section does not apply in any case when the applicant has an easement superior to the right-of-way easement at the time of application and furnishes evidence when required of such superior easement.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12404 - Encroachment is not a hazard.

The Director may require that evidence be submitted with the application to satisfy the Commissioner that the proposed structure or encroachment will not create a foreseeable hazard of any kind.

(Ord. No. 4540, §§ I, II, 3-19-2019)