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Encroachments


1) Standards

To encroach means to enter and/or use any public right-of-way in such a manner as to prevent, obstruct or interfere, temporarily or permanently, with the normal use of that public right-of-way. All encroachments within City/public right-of-way shall be conducted in compliance with Chapter 18 of the Temecula Municipal Code, the City’s Engineering and Construction Manual and all applicable ordinances, standard notes, policies and procedures. Utility agencies that have Franchise Agreements with the City must also adhere to the provisions of said agreements.

2) Permits

Prior to commencement of any construction within public right-of-way, the permittee shall obtain an encroachment permit from the Department of Public Works. An encroachment permit is a contract between the City of Temecula and the permittee that:

    a) defines the terms and conditions under which the permittee is granted permission to encroach into public right-                of-way to perform specific activities,

    b) assures that repairs and construction projects in the public right-of-way will be performed to meet City and                         engineering standards and

    c) assures that negative safety and traffic impacts are minimized for the public during construction,

Note that encroachment permits are not issued for work performed within private developments (i.e., this type of work is covered under a grading permit).

Refer below for a copy of the encroachment permit application. In addition, a haul route permit may also be required. A haul route permit is required when soils are being moved on public roadways to or from a grading site. Refer below for a copy of the haul route permit application.

3) Work Requiring Encroachment Permit

Construction or non-construction related work within public right-of-way may trigger the need for an encroachment permit. Typical major construction-related improvements that may require an encroachment permit include, but are not limited to, the following:

    a) Offsite/Public Improvements - Street and Storm Drain Improvements

    b) Utility Work – Sewer/Water Improvements, Dry Utility Improvements

    c) Traffic - Traffic Control Plans, Traffic Signing & Striping Improvements and Traffic Signal Improvements

Typical minor construction-related improvements that may require an encroachment permit include, but are not limited to, the following: driveway approaches, excavation, parkway drains, street closures, utility work, underground service alert, temporary power poles, etc. Non-construction related activities that may also require an encroachment permit include: access to utility agency facilities, block parties, movie filming, street closures, special events such as street fairs, sidewalk sales, community-sponsored events, etc.

4) Submittal Requirements

In addition to the permit application, other items are also required for submission to obtain an encroachment permit. Refer below for a copy of the Land Development Submittal Requirements.

5) Fee Schedule

An encroachment permit is typically valid for six months. If an extension of the permit is needed, it must be requested before the permit expires. All fees associated with initial permit issuance and permit extensions shall be subjected to a “permit issuance” fee in accordance with the City’s current Fee Schedule. Refer below for a copy of the City’s current Fee Schedule.

6) Traffic Control Plans

All Traffic Control Plans (TCP) associated with an encroachment permit shall be reviewed and approved by the City Engineer prior to permit issuance. Refer below to the most current Traffic Control Plan Overview, Guidelines and General Notes. Utility companies submitting TCP should also refer to the City’s Improvement Standard Drawings for Public Works Construction (October 2011 Edition) for acceptable “Worksite TCP standards.”

7) Inspections

The City Engineer shall inspect all work associated with encroachment and haul route permits to ensure compliance with City and engineering standards and to mitigate negative impacts to public safety, traffic congestion, the condition of public streets, etc.

8) Useful documents: