A. Purpose. The purpose of a License to Encroach is to determine the potential impacts of proposed improvements, structures, facilities, and encroachments into a public street, roadway, sidewalk, Right-of-Way, or easement in order to maintain their safety, mobility, and operational functionality.
B. Applicability.
1. A License to Encroach, in the procedures provided for in this section, is required for the following:
a. New improvements, structures, facilities, and encroachments into a public street, roadway, sidewalk, or Right-of-Way within the city limits and easements located within the city limits or the extra-territorial jurisdiction.
b. Existing improvements, structures, facilities and encroachments into a public street, roadway, sidewalk, or Right-of-Way within the city limits and easements located within the city limits or the extraterritorial jurisdiction.
2. Those improvements, as defined in 1 above, that encroach into a public street, roadway, or sidewalk shall obtain approval from the City Council, in addition to this License.
C. Pre-Application Meeting. A Pre-Application Meeting pursuant to
3.03.02: Pre-Application Meeting is required prior to the application for a License to Encroach.
D. Criteria for Approval. No License to Encroach will be denied unless it is determined by the City Engineer that the proposed location or type of improvement will negatively impact the function of the public street, roadway, sidewalk, Right-of-Way, or easement or have an adverse effect upon the health, safety, or welfare of the general public. In making this determination, the following will be evaluated:
1. The proposed encroachment into a public street, roadway, sidewalk, Right-of-Way, or easement by any person shall not interfere with the lawful use thereof.
2. Any proposed construction within a public street, roadway, sidewalk, Right-of-Way, or easement shall be in accordance with this Code, the City’s adopted construction standards, and any other applicable ordinances and regulations.
3. At any time during the construction of any structure within a public street, roadway, sidewalk, Right-of-Way, or easement:
a. The applicable public street, roadway, or sidewalk shall be kept open for vehicular and pedestrian traffic in a reasonable manner and sidewalks shall not be obstructed as to prevent the use thereof by pedestrians;
b. Dirt and other material removed from the construction of any structure within a public street, roadway, sidewalk, Right-of-Way, or easement shall not be allowed to remain on the street or sidewalk and shall be removed immediately at the sole cost, risk, liability, and expense of the Licensee;
c. All excavations and obstructions of any kind that take place during the period of the Licensee’s construction shall be properly barricaded and well-illuminated during the night, subject to the approval of the Building Official.
E. Submission Requirements. Staff will determine during the Pre-Application Meeting whether further studies will be required. Such studies may include, but are not limited to, an engineering study, which may be required at the determination of the City Engineer. Only the elements of an engineering study that are necessary to answer specific questions that arise during the review process will be required for submittal.
F. Responsibility for Final Action. The City Engineer is responsible for final action on a License to Encroach. For those requests that encroach into a public street, roadway, or sidewalk the City Engineer may not approve the License to Encroach until approval is obtained from the City Council.
G. Expiration.
1. The License shall expire if the encroachment allowed per the License is not installed within 24 months of the date of License approval.
2. The City shall provide written notice at least 180 days in advance to the Licensee, its representatives, successors, or assigns, to take possession of and use all or any part of the licensed area in the event that such use be reasonably desired or needed by the City for street, sewer, transportation, or any other public or municipal use or purpose. During such time, it is the responsibility of the Licensee, its representatives, successors or assigns to remove the encroachment(s). In such an event, the City shall have the right to cancel the revocable license as to that portion of the licensed area so designated and required by the City.
