Encroachment Permit

Definitions

Encroachment

The installation, maintenance or repair of: a driveway approach, sidewalk, utility facility (data and/or communications, gas, sewer, water, electric, etc.) public or private, that is installed on, over or under any portion of a public right-of-way or public easement (utility, drainage or other) or public property that requires digging, trenching, cutting of any roadway, curbing, sidewalk, etc. after the original construction of any improvements have been completed and; after the final plat has been approved and recorded and; the improvements have been inspected and accepted by the City as being complete. An Encroachment is not a utility/infrastructure improvement which has been installed in accordance with the approved construction documents as part of the original construction of a development.


Public Easement (utility, drainage, or other)

An easement granted to the City for a public purpose, including, but not limited to the purpose of installing or maintaining public or private utility infrastructure for the provision of natural gas, electric power, sanitary sewer, storm drainage systems, water or telecommunications to the public.

“Public Right-of-way” or “Street Right-Of-Way”

The full width of the surface, un-surfaced or traveled portion, including shoulders and ditches, slopes of cuts and fills of any road, street, path, lane, or alley dedicated to, reserved for, used by or for the general public, when those roads, streets, paths, lanes, and alleys have been accepted as and declared to be, part of the City’s system of public streets, including all land or interest therein which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for, or dedicated to, the use of general public. This definition does not include any street or highway forming a part of the state of Missouri highway system or Christian County roadway.

  • Proposed encroachments, improvements, and temporary measures shall not cover, prevent access to, cause to be polluted or block the flow of stormwater into inlets, basins, ditches, or drainage ways. (24-3. C. #3)
  • The encroachment shall not result in a loss of area needed for parking, vehicular maneuvering, or pedestrian travel. (24-3. C. #4)
  • Any permit issued under this section shall be automatically revoked if the permittee fails to comply with any conditions of the permit; fails to begin installation of the allowed encroachment within thirty (30) days after issuance of the permit or; fails to complete the installation of the allowed encroachment within sixty (60) days after issuance of the permit. (24-7. B)

Requirements

The following are required at the time of your application submittal:

1. Construction bond in the amount of $5,000. This can be a Surety Bond, Cash, or Check. Must be payable to the City of Nixa. Upon completion of the project and approval from the City, this will be returned to the applicant.

2. Proof of Insurance. Any person or organization, including subcontractors, that has less than twenty-five million ($25,000,000) in assets shall keep in force and affect all insurance policies and bonds as described herein while for the duration of the time the permit is issued:

a. Worker’s Compensation and Employers’ Liability Insurance

b. Commercial General Liability Insurance

c. Automobile Liability Insurance

d. Umbrella Liability Insurance

3. Detailed site map where work is being conducted.