Encroachment Permits

Overview

An Encroachment Permit from the Engineering Department is required for all work within a City street and right of way including:

Placement of traffic control
Work in sidewalks
Park strips
Driveway aprons

All work in City streets, right of way, and upon City infrastructure shall be in conformance with the latest City Standard Details and Specifications, and a Traffic Control Plan shall be provided for City review and approval prior to Encroachment Permit issuance.

A City Franchise Agreement and/or Encroachment Permit Agreement will be required for installation of Small Cell and Fiber Optic cable telecommunications equipment.

Underground Service Alert

Contact the Underground Service Alert prior to any excavation.

Phone: 800-642-2444 or dial 811
Underground Service Alert Website

Contractors shall pothole to determine the location and depth of all existing underground structures and where proposed crossings of new utility with existing is shown on the plans. The use of ground penetration radar in lieu of pothole excavation shall not be permitted. Contractor shall submit results of the pothole work with found location and depth information to the city engineer for review prior to proceeding with further excavation.

Hours

Work hours shall be from 7 am to 5 pm, Monday through Friday except City Holidays unless modified by the City Engineer, however, traffic control lane closure hours may be more restrictive dependent on traffic conditions.

No construction operations are permitted on the following city holidays in accordance with city ordinance and the contract documents: New Year’s Day, Martin Luther King birthday, Cesar Chavez Day, Memorial Day, July 4th Independence Day, Labor Day, Veterans Day, Thanksgiving Day including the day after Thanksgiving, Christmas Eve, and Christmas Day.

ENCROACHMENT PERMIT APPLICATION

View the Encroachment Permit Application Form (PDF). Incomplete Applications will not be accepted.

Note that potable water shall not be used for construction or dust control. Recycled Water may be used for construction, however, Contractors shall first obtain a City Recycled Water Meter and be responsible for water use charges. Visit the Recycled Water page for more information. You can download the Construction Meter Application (PDF) here. Incomplete Applications will not be accepted.

You can submit Encroachment Permit Applications via:

In person:

Milpitas City Hall, Building Department 1st Floor Information Counter,
Attention: Land Development Engineer

8 am through 5 pm, Monday through Thursday
By U.S. Mail:

City of Milpitas
Attn: Engineering Department, Land Development Engineering
455 E Calaveras Boulevard Milpitas, CA 95035
Or you may email the Land Development Engineering Department

PERMIT FEE

Fee Name	Fee / Deposit
Minor Encroachment Permit (Example: Driveway approach, sidewalk, public water meter installation, soil boring, potholing, traffic control only, etc.)	$1,186 (Fee)

Plan Review	Deposit
Up to $50,000	$5,542 (Fee)
$50,001 to $200,000	$11,085
$200,001 to $500,000 (Example: Major development projects associated with planning or building permit applications.)	$16,627
Over $500,001	$22,169

Inspection	Deposit
Up to $50,000 Construction Cost Estimate	$5,542
Greater than $50,000 Construction Cost Estimate	10% of Construction Cost Estimate
Technology Fee - % of Permit	3.8%
Credit Card Transaction Fee	2.4%

Download the PJA Processing Agreement Form (PDF)
See Engineering Plans and Map Procedures and Guidelines – Deposit and Fees (PDF) for further information.
Make Online Payment for Permit Fees and PJ Accounts here.

CONTRACTOR’S LICENSE

City Business License

CERTIFICATE OF INSURANCE

Permittee and/or Contractor performing construction within City streets and rights of way shall poses and maintain Certificate of Insurance meeting the requirements below for the duration of the Encroachment Permit.

Minimum Limits of Insurance

General Liability: Minimum $1,000,000 per occurrence for bodily, personal injury and property damage.
Business Automobile Liability Insurance: Minimum $1,000,000 per occurrence.
Worker’s Compensation Insurance: Minimum $1,000,000 per occurrence.

Insurer Rating

Unless approved differently in writing by City Attorney and or the Risk Manager, Insurance Certificates submitted with Encroachment Permits shall be from companies licensed to do insurance business in the State of California and poses a current A.M. Best rating of at least A: VIII.

Additional Insured; Separation of Insureds

Insurance Certificates shall name the City, its elected and appointed officials, officers, attorneys, agents, and employees as additional insureds with respect to work performed by the Contractors under the Encroachment Permit, including materials, parts, or equipment furnished in connection therewith. The Insurance Certificate shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of protection to City, its elected officials, officers, employees, agents, and volunteers. The endorsements are to be signed by a person authorize by that insurer to bind.

Sample Certificate of Insurance (COI)

View a sample COI (PDF) with separate endorsement sheet.

CASH DEPOSIT / SURETY BOND

PERMIT CONDITIONS