§ 30.32.070. Right-of-Way Permit.

A right-of-way permit shall be obtained for any improvements within a right-of-way or public easement in accordance with the following.

1.

An off-site permit shall be issued for the purposes of constructing any major new improvements when:

A.

The improvement plans and technical impact analyses for the proposed work have been reviewed and approved.

B.

All necessary fees have been paid and bonds and agreements have been executed in accordance with Chapters 30.32 and 30.80 of this Title.

C.

A grading permit is issued for the grading of the project, if applicable.

D.

The final map, if required, has completed the first technical review, pursuant to the requirements established in Chapter 30.28, Table 30.28-2.

2.

An encroachment permit shall be issued for the purposes of minor reconstruction, modification or maintenance of existing improvements, the installation of new utility facilities, or any other minor encroachment approved by the Director of Public Works within 5 working days when:

A.

The applicant has completed an application for a permit on the forms provided and has submitted all plans, engineering calculations and other data that is required and applicant has agreed, in writing, to comply with all conditions as stated on that permit.

B.

The applicant is properly licensed by the State Contractor Board, for performance of work within public right-of-way, or is a utility company.

C.

The plans for the proposed work, including a construction traffic control plan in accordance with Section 30.32.140(c) of this Title, have been reviewed and approved.

D.

All necessary fees and deposits have been made in accordance with this Chapter (30.32) and Chapter 30.80.

E.

The applicant is not currently in default on an existing permit. If an applicant is currently in default, the application will be denied until final resolution of the defaulted permit, either by completing the work or, in the event the County has already completed the work, reimbursing the County for costs incurred exceeding the deposits posted in accordance with this Chapter (30.32) of this Title.

3.

If an emergency arises, necessitating immediate work within the right-of-way during the hours when the Public Works Department is not open for business, notification shall be made to the Las Vegas Metropolitan Police Department and Clark County Fire Department, prior to commencement of work, giving the location, time and the extent thereof. An application for an encroachment permit shall be submitted to the Director of Public Works on the following business day, whether the emergency work has been completed or not. The permit shall be granted if the applicant complies with the provisions of this Chapter (30.32) of this Title.

4.

Whenever any work, with the exception of emergency work per subsection (3) above, for which a permit is required by this code has been commenced without first obtaining said permit, or exceeding the scope of a valid permit, an investigation shall be made before a permit may be issued for such work. A right-of-way permit violation fee per Chapter 30.80 of this Title shall be collected in addition to all other applicable fees prior to issuance of a permit. The payment of such permit violation fee shall not exempt any person from compliance with all other provisions of this Title or the technical codes nor from any penalty described by law.

5.

Prior to issuance of an encroachment permit or prior to commencement of construction for an offsite permit, a traffic control plan must be submitted, a review fee paid, and the traffic control plan approved by the Director of Public Works to ensure that the work will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking space, and the ingress and egress from the affected or adjacent properties and rights-of-way. The Traffic Control Plan shall conform to the "Manual on Uniform Traffic Control Devices, Latest Edition" and the manual entitled "Nevada Work Zone Traffic Control Handbook, Latest Edition."

6.

Any proposed utility line not shown to be underground shall not be approved unless the Zoning Administrator approves the installation following the approval of a waiver of standards as required by Table 30.16-7, which need not be a public hearing.

7.

In the State of Nevada Hydrographic Area 212, commonly known as the Las Vegas Valley PM ₁₀ non-attainment area of the County, whenever any work is permitted in a public right-of-way that is unpaved, and there is no existing permitted obligation to pave the right-of-way by another applicant, the applicant is required to provide: 1) an agreement executed by the utility company that they will provide dust control of the right-of-way disturbed by the applicant and compliance with Clark County Air Quality regulations until the right-of-way is paved in accordance with Clark County standards; or 2) paved roadway access improvements in accordance with Clark County Code in the right-of-way disturbed by the applicant; or 3) a cash payment to the Clark County Capital Improvement Fund in the amount equal to the estimated cost of constructing the paved access roadway improvements within the right-of-way disturbed. The cost will be established by the Department of Public Works and will be based upon the square feet of the right-of-way disturbed by the applicant. Such funds shall be used specifically for paving the roadway in the area of the work covered by the permit.

(Ord. 3518 § 7 (part), 2007; Ord. 3229 § 5 (part), 2005; Ord. 3160 § 7 (part), 2004; Ord. 3092 § 1, 2004; Ord. 2961 § 4 (part), 2003; Ord. 2769 § 75, 2002: Ord. 2482 § 7 (part), 2000: Ord. 2481 § 3 (part), 2000)

(Ord. No. 3859, § 6, 5-5-2010; Ord. No. 3970, § 4, 7-20-2011; Ord. No. 4481, § 7, 4-19-2017)