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Encroachment Permits


When do I need a permit?
A permit is required whenever work is proposed within the public rights-of-way or easement. Typical examples of work include:

  • Trenching across public right-of-way for installation of water, sewer, storm drain, cable, and other underground utilities.
  • Construction of curb, gutter, sidewalk, driveway, and roadway pavement
  • Water monitoring and extraction wells, soil sample borings.

How do I get a permit?
To apply for an encroachment permit, complete the permit forms by using the following instructions listed below:

 

Download Permit

When the form is displayed, please follow the instructions below:

  1. Print and fill out the form.
  2. Sign, and mail or deliver with 3 sets of plan/sketch to Land Development Engineering.

** Access to the Encroachment Permit form requires an Adobe Acrobat Reader which may be downloaded for free.

  1. General Information
    Provide the name, address, and phone number of the permittee and the contractor who will be performing the proposed work, be sure to include the contractor’s State Contractor’s and City’s Business License Numbers. Permittee shall submit copies of appropriate State Contractor’s License and a Milpitas Business License.
     
  2. Location of Proposed Work
    Specifically describe the location of work stating the street name(s) and address(es) if possible.
     
  3. Proposed Work
    The items listed above in “Applicability” may be used to describe the nature and purpose of encroachment. For other purposes please be more specific. Attach an additional sheet if necessary.
     
  4. Insurance Requirements
    Permittee shall procure and maintain for the duration of this permit insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the permittee, his/her agents, representatives, employees or subcontractors. Permittee shall also submit a Certificate(s) of Insurance incorporating the following requirements:

    Minimum limits of Insurance

    1. General Liability: $1,000,000 per occurrence for bodily, personal injury and property damage.
    2. Automobile Liability Insurance: $1,000,000 Per accident for bodily injury and property damage.
    3. Worker’s Compensation Insurance: $1,000,000 per accident for bodily injury or disease.

    Insurance provisions
    The general liability and automobile liability policies are to contain, the following provisions:
     

    1. The City, its officers, officials, employees and agents are to be covered as additional insured as respects, liability arising out of activities performed by or on behalf of the permittee, products and completed operations of the permittee. The premises owned, occupied or used by the permittee; or automobiles owned, leased, hired or borrowed by the permittee. The coverage shall contain no special limitation on the scope of protection afforded to the City, its officers, officials, employees, or agents.
       
    2. Primary coverage for additional insured parties; if said additional insured have other insurance against loss covered by this policy, the other insurance shall be excess insurance only; Said additional insured parties are not precluded from claim under this policy against other insured parties.
       
    3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty(30) days prior written notice by certified mail, return receipt requested, has been given to the City Clerk.

    Subcontractors
    Permittee shall include all subcontractors as insured under its policies or shall obtain separate certificates and endorsements for each subcontractor.

    Verification of Coverage
    Permittee shall furnish the City Certificate of insurance and original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorize by that insurer to bind coverage on its behalf.

  5. Encroachment Permit Fees
  6. Click here for Engineering Deposits & Fees

  7. General Provisions
    In obtaining a permit the applicant agrees to the general provisions stated as part or the permit
     
  8. Other Provisions
    The City at its sole discretion will determine other permit provisions as applicable to the work being proposed.
     
  9. Site Specific Plan
    1. With the exception of minor works, all permits shall include Engineering Plans prepared by a registered Civil Engineer.
       
    2. Include the type and location of the work to be completed within the right-of-way. The work area should be tied out to the centerline of the street and to the nearest intersection.
       
    3. Include or show on a separate sheet, a vehicular and/or pedestrian diversion plan using appropriate safety equipment.
For information regarding Encroachment Permits call (408) 586-3329.