The purpose of this chapter is to supplement the Streets and Highway Code, Division 2, Chapter 5.5, The Care and Protection of County Highways by defining the procedures which the county will follow and the fees that will be charged related to the issuance of encroachment permits on county highways. All individuals, contractors, corporations, utilities, and other governmental agencies proposing to conduct any activity not authorized by the vehicle code, within, under or over any county roadway must first obtain an encroachment permit issued by the county prior to conducting that activity. However, contractors already under contract with the road division of public works to perform work within such roadways or private and public surveyors conducting activities within said roadways are not required to obtain an encroachment permit.
(Ord. 1459, 1993; Ord. 1635 § 2, 1999)
"Annual utility permit"
means a permit issued to a utility authorizing routine maintenance activities within county road right-of-way.
"Director"
means the director of the department of public works, who is also the road commissioner, for the county of Merced or his or her authorized representative.
"Franchise and/or confirmation of rights agreement"
means an agreement issued by Merced County authorizing and establishing certain conditions for providing specific utility services or products within Merced County.
"Inspector"
means the representative of the director authorized to inspect, sample, or test the construction of an encroachment on a county highway.
"Minor project"
means a project having a construction cost of $3,000 or less.
"Non-franchised utility"
means a utility company providing service within Merced County without benefit of a county-issued franchise or confirmation of rights agreement.
"Specific maintenance project permit"
means a permit issued to a utility authorizing the replacement of existing overhead facilities when the scope of that maintenance exceeds the authority granted in the annual utility permit as defined in Appendix A of the department of public works improvement and specifications manual.
"Utility"
means a public or private company, district and/or corporation providing any one or more of the following products or services: electricity, natural gas or other petroleum products, telephone, telecommunications, cable T.V., domestic water, sewer companies, and irrigation companies or districts.
(Ord. 1459, 1993; Ord. 1635 § 2, 1999)
Section 1464 of the Streets and Highways Code provides that the director may require a permittee to pay the reasonable costs for supervision of work performed under an encroachment permit.
The county shall be reimbursed for expenses incurred as a result of this chapter including costs associated with the inspection of the construction of the encroachment.
Encroachment permit fees shall be collected prior to the issuance of an encroachment permit. No part of any permit fee may be refunded to an applicant. The director may waive the fee requirements for specific applications when it is deemed to be in the best interest of the county.
Encroachment permit fees shall be as follows:
A. 
Minor (Non-Utility) Encroachment Permits.
1.
Pipe crossing (bore under roadway)
$102.00
2.
Pipe crossing (trench roadway)
147.00
3.
Driveway
102.00
4.
Other minor encroachment in the unpaved shoulder area
102.00
5.
Other minor encroachment in the pavement section
147.00
B. 
Major (Non-Utility) Projects (Improvement Value Greater than $3,000.00).
Value of Improvements
(Based on engineer's estimate)
Fee
$ 3,001.00 to $ 75,000.00
$ 0.00 + (0.0625 x engineer's estimate)
$ 75,000.00 to $325,000.00
2,131.98 + (0.0342 x engineer's estimate)
$325,000.00 to $725,000.00
6,754.31 + (0.0199 x engineer's estimate)
$ 725,000.00 and greater
15,710.82 + (0.0074 x engineer's estimate)
C. 
Overhead and Underground Utility Projects.
1.
Annual maintenance permits
$ 58.00
2.
Specific maintenance permits for overhead utilities:
 
 
a.
Franchised utility
102.00
 
b.
Non-franchised utility
854.00
3.
Specific project permits (minor projects):
 
 
a.
Minor work done within the county highway's shoulder areas (example: new service connection)
102.00
 
b.
Minor work done within the county highway's pavement areas
147.00
4.
Specific project permits within right-of-way (franchised utility) (Major projects with a value greater than $3,000.00):
 
 
a.
Projects within the county highway's shoulder area
102.00
 
b.
Projects within the county highway's paved area
147.00
5.
Specific project permits within right-of-way (non-franchised utility)
(Major projects with a value greater than $3,000.00):
 
Value of Improvements
(Based on engineer's estimate)
Fee
$ 3,001.00 to $50,000.00
$ 0.00 + (0.0170 x engineer's estimate)
50,001.00 to $200,000.00
853.17 + (0.0113 x engineer's estimate)
200,001 to $500,000.00
1,421.97 + (0.0086 x engineer's estimate)
500,001.00 and greater
2,843.92 + (0.0058 x engineer's estimate)
6.
Specific project permits within clear recovery zone
(Work performed within the clear recovery zone, but outside the county road right-of-way)
No charge
Note: Utility permit types are defined in Appendix "A" of the Merced County Department of Public Works Improvement Standards and Specifications Manual.
(Ord. 1459, 1993; Ord. 1635 § 2, 1999; Ord. 1698 § 1, 2003; Ord. 1795 § 1, 2006; Ord. 1819 § 1, 2007; Ord. 1841 § 1, 2008; Ord. 1860 § 1, 2009)
A. 
Encroachment Permits Manual. The booklet entitled Manual of policy, procedures, rides and regulations for use in issuing encroachment permits on state highways in California will be used by the department of public works as a guideline for issuing encroachment permits on Merced County highways. When referenced, language in the booklet will be appropriately adjusted to provide for the nature of encroachments expected on county highways as opposed to state highways.
B. 
Encroachment Permit Application Requirements.
1. 
Applications for encroachment permits shall be applied for at the road division of the department of public works.
2. 
On minor projects the applicant may be required to provide improvement plans prepared by a professional licensed to perform such work and on major projects all improvement plans shall be prepared by a professional as required by state law.
3. 
If the proposed encroachment involves altering facilities under the jurisdiction of a storm drainage, sewer, water, irrigation district or private individual, applicant shall submit a letter from the district or private individual giving the applicant permission to alter their facilities.
4. 
Applicant is required by Section 3800 of the California Labor Code to provide the department of public works with a certification of workman's compensation insurance.
5. 
Whenever the construction or installation of a structure proposed to encroach on a county highway will require the making of an excavation, applicant shall satisfy the following additional requirements:
a. 
Trenches will be allowed to be open only during daylight hours. All excavations made in conjunction with an encroachment permit shall be either backfilled or covered in conformance with the requirements of the inspector before dusk; and
b. 
When construction is complete, all excavations shall be backfilled and structural section replaced as specified in the Merced County improvement standards and specifications; and
c. 
The director may require boring as opposed to trenching on highways with a paved surface that is in very good condition or on highways with traffic volumes that cannot be easily detoured. The director may require changes in the application as to the location, dimensions, character and number of the proposed excavations necessary for the protection of county highways or for the prevention of undue interference of traffic or the safety of persons using county highways.
6. 
Encroachment Improvement Security.
a. 
Major projects shall be required to post securities in the amount of 100% of the estimated construction cost to guarantee the faithful performance of the construction or installation of improvements, and an amount of 50% of the estimated construction cost shall be required to secure the payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment for the construction or installation of improvements.
b. 
Applicants for other types of encroachment permits, including utility projects are not required to provide the department of public works with improvement security. However, all work must be completed as required in subsection F of this section.
7. 
No part of this chapter shall prohibit any person from making emergency repairs to any pipe or conduit within county highways, or from making excavations as may be necessary for the preservation of life or property if time is of the essence or such emergency arises during such hours as the offices of the county are closed. The agent responsible for such encroachment shall notify the department of public works within the first business day that office is open subsequent to making said emergency repairs.
C. 
Utility Encroachment Permits. The department of public works will issue the following two types of encroachment permits to utility companies occupying the road right-of-way:
1. 
Annual maintenance permits, which authorizes all those maintenance and emergency repairs specified in the current Appendix A of the Merced County department of public works improvement standards and specifications manual.
2. 
Specific maintenance permits, which authorizes the replacement of existing overhead facilities when the scope of that maintenance exceeds authority granted in the annual maintenance permit. Limits and conditions for this permit are specified in the current Appendix A of the Merced County department of public works improvement standards and specifications manual.
3. 
Specific project permit authorizes all new construction projects and all work performed outside the scope authorized in the above described annual maintenance permit or the specific maintenance permit. Utility companies proposing to construct or place new facilities adjacent to county road right-of-way and within the recovery zone defined in Appendix A of the current edition of the Merced County department of public works improvement standards and specifications manual are required to obtain a specific project permit prior to installation of the facility.
D. 
Construction Signing. When required, applicant shall submit construction detour plans. All construction signing shall be in conformance with the CALTRANS Traffic Manual and the requirements of the director.
E. 
Inspection.
1. 
Applicant shall notify the department of public works, road division at least 24 hours prior to the commencement of any work covered by an encroachment permit. Except that in the case of an emergency notification shall take place as soon as possible but in no case any longer than the end of the next working day.
2. 
A qualified representative of water, storm drainage, sewer districts or other utility engineer shall inspect and certify the installation of encroachment owned and maintained by the district.
F. 
Completion of Work Permitted by an Encroachment Permit. The applicant shall perform all work in accordance with the Merced County Improvement Standards and Specifications, any special provisions required in the encroachment permit, and in conformance with any improvement plans to the satisfaction of the director.
1. 
Every applicant shall diligently complete the work within the time period stipulated in the encroachment permit.
2. 
If the applicant fails to complete the work within the time period stipulated on the encroachment permit, the director, or his representative, may revoke the permit or, if sufficient reasons exist, the director, or his representative may extend the time period allotted to complete the work.
3. 
The applicant shall make proper arrangements for, and bear the cost of, relocating any structure, public utility, tree, or shrub, where such relocation is made necessary by the proposed work for which a permit is issued.
4. 
If after the work has begun, the applicant fails or refuses to complete the work as prescribed in the encroachment permit, the director, or his representative, may cause such work to be done, either by county forces or by an outside contractor, and any expense incurred by the county will be born by the applicant.
(Ord. 1459, 1993; Ord. 1635 § 2, 1999)
A. 
The Director is authorized to issue citations to persons in violation of this chapter of the code.
B. 
Any person, firm or corporation, whether as principal, agent, lessee, occupant, or otherwise in violation of this chapter is guilty of a misdemeanor with penalties as specified in Section 1.28.030 of this code.
(Ord. 1459, 1993; Ord. 1635 § 2, 1999)