ENCROACHMENT PERMITS
Sections:
20.840.010 Encroachment permit defined.
20.840.020 Permits required.
20.840.030 Encroachment permit procedures.
20.840.040 Retention of plans.
20.840.050 Expiration of permits.
20.840.060 Fees.
20.840.010 Encroachment permit defined.
An encroachment permit authorizes the construction
and placement of any regulated utility or drainage
feature within a public roadway. (Ord. 802,
1998) 
20.840.020 Permits required.
A. Except as otherwise approved under a building
permit or site improvement permit, no work including
grading, trenching or construction of public
or private utilities and drainage structures
is allowed within the public right-of-way unless
an encroachment permit has first been obtained
from the community development department. (Ord.
802, 1998)
20.840.030 Encroachment permit procedures.
A. The property owner or his authorized representative
must tender a completed encroachment permit application
to the community development department on a
form furnished by the department. The application
must contain the following information:
1. A description of the work to be covered by the
permit.
2. A legal description of the land on which the
proposed work is to be done, street address or
similar description that identifies and definitely
locates the proposed work.
3. The application must be accompanied by improvement
plans, diagrams, studies, computations and specifications
and other data drawn to scale and clarity to
indicate the location, nature and extent of the
work proposed and show in detail that it will
conform to the provisions of this code and all
relevant laws, ordinances, rules and regulations. Evidence
is required that the applicant has identified
the location of all underground utilities in
the vicinity of the project. For applications
which are located within the towns of Genoa,
Gardnerville or Minden, a 318 General Improvement
District or TRPA, the applicant must provide
a copy of any required permit or the plans must
be reviewed by the respective agency.
4. The signature of the applicant, or the applicant’s
authorized representative.
5. Any other data and information as may be required
by the department.
B. The application, plans, specifications, computations
and other data filed by an applicant for a permit
must be reviewed by the director or his designee. The
plans may be reviewed by other departments of
this jurisdiction to verify compliance with any
applicable laws under their jurisdiction. If
the director finds that the work described in
an application for a permit and the plans, specifications
and other data filed with the application conform
to the requirements of this code, other pertinent
laws and ordinances, that the plans have been
signed by all applicable agencies, where applicable,
that security has been posted, and that all required
fees have been paid, the director must issue
an encroachment permit. The director must, at
the time of permit issuance, provide the applicant
with conditions, specifications and testing requirements
for all work approved under the permit. (Ord.
802, 1998)
20.840.040 Retention of plans.
A. One set of approved stamped plans, specifications
and computations must be retained by the department
and one set of approved stamped plans and specifications
must be kept on the site of the construction
work at all times during which the work authorized
is in progress.
B. The department must retain one permanent set
of approved stamped improvement plans, specifications
and computations. (Ord. 802, 1998)
20.840.050 Expiration of permits.
A. Every encroachment permit issued by the department
under the provisions of this code will expire
and become void if the work authorized by the
permit is not commenced within 180 days from
the date of the permit, or if the work authorized
by the permit is suspended or abandoned at any
time after the work is commenced for a period
of 180 days. Before work can be recommenced,
a new permit must be first obtained and a fee
in the amount of one half that required for a
new permit for the work, provided no changes
have been made or will be made in the original
plans and specifications for the work, the plans
were approved under the prevailing development
code provisions, and that the suspension or abandonment
has not exceeded one year. In order to renew
action on a permit after expiration, the permittee
must obtain a new permit for the work and pay
a new full permit fee.
B. Any permittee holding an unexpired permit may
apply for an extension of the time within which
work may commence under that permit when the
permittee is unable to commence work within the
time required by this section for good and satisfactory
reason. The director may extend the time for
action by the permittee for a period not exceeding
180 days on written request by the permittee
showing that circumstances beyond the control
of the permittee have prevented action from being
taken. No permit may be extended more than once.
C. Every encroachment permit issued by the department
will expire by limitation and become null and
void after a period of two years from the date
of issuance, or, where a 180-day extension has
been granted for commencement of work, after
a period of two years and six months from the
date of issuance. Before work can be recommenced,
a new permit must be obtained, and fee in the
amount of one-half that required for a new permit
for such work, provided no changes have been
made or will be made in the original plans and
specifications for the work, and the plans were
approved under the prevailing uniform codes. (Ord.
802, 1998)
20.840.060 Fees.
Fees for encroachment permits are established by resolution
of the board. (Ord. 802, 1998).
