Chapter 12.08
ENCROACHMENTS ON PUBLIC RIGHTS-OF-WAY1
Sections:
12.08.060 Application procedure for a routine encroachment permit.
12.08.070 Application procedure for a nonroutine encroachment permit.
12.08.080 Standards of review for applications.
12.08.100 Requirements for security deposits.
12.08.110 Encroachments not having a permit.
12.08.120 Emergency encroachments.
12.08.130 Revocation of an encroachment permit – Notice to remove encroachment.
12.08.140 Preservation of monuments.
12.08.160 Compliance with authorized permit and conditions.
12.08.010 Purpose.
The City of Calistoga owns or holds an interest in property at various locations throughout the City. These properties include public buildings and grounds including parks and open space along with rights-of-way, and easements including roads, sidewalks and pathways. The City Council is the custodian of that public property. The standards and procedures contained in this chapter have been adopted to protect public property, to protect public health and safety and to provide for the general welfare of the community, including the preservation of Calistoga’s aesthetic qualities. Individuals, businesses and agencies request permission to work in or use public property, either as a long-term encroachment or a short-term encroachment. This chapter regulates the manner in which encroachments onto public property are to be reviewed and the conditions that may be attached to such authorizations. All encroachments onto public areas are expressly revocable at any time at the sole discretion of the City. (Ord. 608 § 1, 2004).
12.08.020 Definitions.
As used in this chapter, unless the context otherwise clearly indicates, the following words and phrases shall be construed as defined in this section:
“Director” shall mean Director of Public Works or his/her designee.
“Encroachment” shall mean development or use of any portion of a public right-of-way or easement or property. Encroachments fall into two categories: (1) routine and (2) nonroutine.
“Routine encroachment” shall mean work or installations that by their nature are fitting and appropriate for that type of public property on which work or installations are proposed. These types of activities include but are not limited to:
1. Placement/repair of utilities that connect to the public utility system.
2. Placement/repair of sidewalks, curbs, gutters, driveways and approaches.
3. Temporary placement of dumpsters or building materials.
4. Temporary reservation of parking stalls for the purpose of loading/unloading materials or goods.
5. Temporary use of public property to facilitate painting, tree pruning or removal and modifications or repairs to private property.
6. Positioning or transporting any oversized load.
7. Temporary placement of any barrier, sign, detour post, or bollard so as to change the flow of vehicular or pedestrian traffic on any public property.
8. Interment in cemetery plots, repair of cemetery plots, placement and/or repair of monuments at Pioneer Cemetery.
9. Placement of portable basketball hoops.
10. Placement of banners or signage for nonprofit community events.
11. Bike racks.
12. Sidewalk dining which is permitted under Chapter 17.33 CMC.
“Nonroutine encroachment” shall mean installation and maintenance of facilities that by nature are not typical for placement on that type of public property for which placement is proposed. Also any proposed use or activity that will cause a marked change in the manner or appearance by which a public property would be used or function. These would include, but not be limited to:
1. Construction of fences, walls, decks, balconies or architectural projections.
2. Construction of garbage/recycling enclosures.
3. Long-term placement of garbage bins or dumpsters. (Ord. 654 § 4, 2008; Ord. 608 § 1, 2004).
12.08.030 Permit required.
An encroachment permit is required prior to causing any of the following on public property:
A. Make or cause to be made any excavation of any nature whatsoever.
B. Construct, place upon, maintain, rent or lease, or to cause to be constructed, placed upon, maintained or left any obstruction or impediment.
C. Place any obstruction or impediment of any nature whatsoever.
D. Place, modify or repair any pipeline, conduit or other fixture. (Ord. 608 § 1, 2004).
12.08.040 Exemptions.
No encroachment permit shall be required for the following:
A. Installation and maintenance of mail boxes, provided they comply with the rules and regulations of the United States Post Office.
B. Installation and maintenance of landscaping in the public right-of-way adjacent to private property so long as there will be no change or interference with vehicular or pedestrian traffic, traffic sight lines, parking patterns, or accessibility.
C. Temporary placement of trash cans or bins for collection, provided the placement complies with the regulations for time and location of regularly scheduled collection.
D. Cleaning and maintenance normally associated with ongoing care of adjacent private property so long as not to impede vehicular or pedestrian traffic and comply with Napa County Storm Water Management Plan Guidelines.
E. City employees engaging in City-related activities.
F. Newsracks which are permitted under Chapter 12.34 CMC.
G. Work performed directly by public utilities operating under a valid franchise agreement, provided all requirements imposed through the franchise agreement, applicable State law or regulation have been complied with and provided the public utility has notified and gained prior authorization from the Public Works Director. (Ord. 608 § 1, 2004).
12.08.050 Issuing authority.
All applications for an encroachment permit shall be made to the Director. The Director shall review the application and may request additional information from the applicant if deemed necessary. When sufficient information to review the application has been received, the Director shall determine if the requested encroachment permit will be a “routine” or “nonroutine” permit. The Director shall be the issuing authority for routine encroachment permits. The City Council shall be the issuing authority for nonroutine encroachment permits. (Ord. 608 § 1, 2004).
12.08.060 Application procedure for a routine encroachment permit.
A. The applicant for such permit shall file in the Department of Public Works an application therefor in such form as may be required by the Director. It shall set forth the name, address and principal place of business of the applicant and type of contractor’s license, if applicable. It shall state in detail the exact location, dimensions and purpose of the proposed use or encroachment intended to be made or performed in, under or upon any public property together with such information as may be required by the Director relative to the nature, location and duration of the proposed use or encroachment for which said permit is desired.
B. When required by the Director, an applicant for such permit shall file with the application a plat or diagram designating such public street or place or the exact location thereon of the proposed use or encroachment, the dimensions thereof and any other information which may be required by the Director.
C. The applicant shall satisfactorily establish a right or necessity for such use or encroachment for the purpose or purposes stated in the application.
D. The applicant shall provide any and all insurance, bonds or other guarantee as required by the Director.
E. If it is necessary to obtain permits from any other public body before commencing the work related to such encroachment, then a copy of such permit shall accompany the application filed with the Director.
F. The Director shall take action to approve, conditionally approve, or deny the application based on the standards of review contained in this chapter. All routine encroachment permits are subject to conditions and requirements imposed by the Director. The permittee shall, in the exercise of such permit, provide, erect, and maintain such lights, barriers, warning signs and do all such other things as are necessary to protect pedestrians and vehicular traffic. No permit issued pursuant to the provisions of this chapter shall be transferable. Every such permit shall become null and void unless the work thereby permitted to be done is commenced and thereafter diligently and continuously prosecuted and completed within the time limits provided in said permit. If such work is not so commenced, prosecuted and completed, then the Director may, on five days’ written notice, cancel any such permit at any time.
G. No part of the public street shall be unduly obstructed at any time nor shall the City be liable for any damage occasioned to any encroachment placed or caused pursuant to the permit issued under the terms of this chapter.
H. Upon completion of work, the applicant shall promptly and in good workmanlike manner refill any and all excavations and remove any and all obstructions to the public street. The surface of the street or right-of-way shall be replaced, restored and repaved as conditioned and shall be made smooth, even and flush with the surrounding surface by the applicant and under the instruction and direction of the Director.
I. If any applicant fails to comply with the preceding requirement, the Director may do or complete such work and the applicant shall be liable for any expense incurred in connection therewith. (Ord. 608 § 1, 2004).
12.08.070 Application procedure for a nonroutine encroachment permit.
A. The applicant for such permit shall file in the Department of Public Works an application therefor in such form as may be required by the Director. It shall set forth the name, address and principal place of business of the applicant and type of contractor’s license, if applicable. It shall state in detail the exact location, dimensions and purpose of the proposed use or encroachment intended to be made or performed in, under or upon any public property together with such information as may be required by the Director relative to the nature, location and duration of the proposed use or encroachment for which said permit is desired.
B. When required by the Director, an applicant for such permit shall file with the application a plat or diagram designating such public street or place or the exact location thereon of the proposed use or encroachment, the dimensions thereof and any other information which may be required by the Director.
C. The applicant shall satisfactorily establish a right or necessity for such use or encroachment for the purpose or purposes mentioned in the application.
D. The applicant shall provide any and all insurance, bonds or other guarantee as required by the Director.
E. If it is necessary to obtain permits from any other public body before commencing the work related to such encroachment, then a copy of such permit shall accompany the application filed with the Director.
F. The application shall be routed to each City department, as deemed appropriate by the Director, for comment and suggested conditions. After receipt of comments and suggested conditions, the Director shall cause the application to be placed on the first available agenda of the City Council.
G. A staff report shall be prepared for the City Council, to include a recommendation from staff and any correspondence received from the public regarding the application.
H. City Council shall take action to approve, conditionally approve, or deny the application based on the standards of review contained in this chapter. The City Council may also continue the application, as deemed necessary, in order to gain additional information to be used as the basis for making a determination on the application.
I. Upon compliance by the applicant with the conditions and requirements specified by the City Council, the Director may issue a written permit to the applicant to do and perform the acts stated in such permit with any and all conditions and requirements placed on the permit by City Council. The permittee shall, in the exercise of such permit, provide, erect, and maintain such lights, barriers, and warning signs and do all such other things as are necessary to protect pedestrians and the traveling public. No permit issued pursuant to the provisions of this chapter shall be transferable. Every such permit shall become null and void unless the work thereby permitted to be done is commenced and thereafter diligently and continuously prosecuted and completed within the time limits provided in said permit. If such work is not so commenced, prosecuted and completed, then the Director may, on five days’ written notice, cancel any such permit at any time.
J. No part of the public street shall be unduly obstructed at any time nor shall the City be liable for any damage occasioned to any encroachment placed pursuant to the permit issued under the terms of this chapter.
K. Upon completion of work, the applicant shall promptly and in good workmanlike manner refill any and all excavations and remove any and all obstructions to the public street. The surface of the street or right-of-way shall be replaced, restored and repaved as conditioned and shall be made smooth, even and flush with the surrounding surface by the applicant and under the instruction and direction of the Director.
L. If any applicant fails to comply with the preceding requirement, the Director may do or complete such work and the applicant shall be liable for any expense incurred in connection therewith. (Ord. 608 § 1, 2004).
12.08.080 Standards of review for applications.
An application for an encroachment permit shall be considered by the issuing authority identified in this chapter. The authority shall reject any application if a determination of the following exists:
A. That the issuance of the encroachment permit would endanger public health, safety or welfare, or the surrounding property;
B. That the issuance of the encroachment permit would unreasonably interfere with the intended use of a City right-of-way or easement or property;
C. That the issuance of the encroachment permit would have an adverse impact on the welfare of the community or on the community’s appearance or aesthetics;
D. That the issuance of the encroachment permit would cause an unnecessary change in the character of the community; or
E. That the issuance of the encroachment permit would be to the detriment of the interests of the general public. (Ord. 608 § 1, 2004).
12.08.090 Fees.
The applicant shall pay to the City a fee as established by resolution of the City Council. (Ord. 608 § 1, 2004).
12.08.100 Requirements for security deposits.
A. As determined by the Director, the permittee may be required to deposit with the City cash, a certified or cashier’s check, or an approved surety bond as sufficient to assure performance of the permit with conditions regarding the manner of installation of the authorized encroachment.
B. Any bond or cash deposit required pursuant to this chapter shall be payable to the City of Calistoga. Upon satisfactory completion of all work authorized in the permit and fulfillment of all conditions of the permit, the Director will consider an applicant’s request for release of surety. The Director may retain an amount to cover warranty of said work for a period of one year.
C. Costs to the City of administering the bond or cash deposit for any work performed by the City to satisfactorily complete the work authorized under a permit will be retained by the City.
D. Cash deposits or bonds shall not be required of any public utility or public agency which is authorized by law or franchise agreement to establish or maintain any works or facilities in, under or over any City property or rights-of-way. (Ord. 608 § 1, 2004).
12.08.110 Encroachments not having a permit.
A. Encroachments that are initiated without a permit shall be considered illegal and may be subject to a stop work order.
B. Encroachments that have been constructed, installed or maintained without the receipt of an encroachment permit shall be deemed illegal and may be subject to abatement. The City may remove the encroachment at the responsible party’s expense. (Ord. 608 § 1, 2004).
12.08.120 Emergency encroachments.
In the event that an encroachment is required for the immediate protection of life or property and there is insufficient time to obtain an encroachment permit in accordance with the provisions of this chapter, the person making the encroachment shall notify the Public Works on-call person for a verbal clearance prior to the commencement of the work and shall make a formal application on the next recognized work day. (Ord. 608 § 1, 2004).
12.08.130 Revocation of an encroachment permit – Notice to remove encroachment.
A. Encroachment permit applications are requests to work in or use public property on a temporary basis. The issuing authority may revoke any encroachment permit and demand the applicant or successor in interest to remove the encroachment for any of the following reasons:
1. An encroachment permit may be revoked if the permittee fails to comply with any of the provisions of this chapter or any of the conditions set forth in the encroachment permit.
2. An encroachment permit may be revoked upon a determination by the issuing authority that a change of use or appearance of the City right-of-way or easement on which the authorized encroachment was located warrants removal of the encroachment.
3. An encroachment permit may be revoked if the permittee fails to maintain the work described in the permit.
4. An encroachment permit may be revoked if the issuing authority determines that the area being encroached upon is needed for a public project or improvement for the general public’s good.
B. The notice of revocation shall be given in writing to the permittee or successor in interest.
C. Upon the revocation of any encroachment permit, the City shall notify the permittee or successor in interest of his/her responsibility to immediately remove the encroachment and to repair any damage resulting therefrom to the satisfaction of the Director.
D. The cost for removal of encroachments shall be borne solely by the permittee.
E. If permittee or his successor in interest does not remove the encroachment, the Director will remove the encroachment at permittee’s expense. (Ord. 608 § 1, 2004).
12.08.140 Preservation of monuments.
Any monument of granite, concrete, iron, or other lasting material set for the purpose of locating or preserving the lines and/or elevation of any public street or right-of-way, property subdivision, or a precise survey point or reference point shall not be removed or disturbed without first obtaining permission from the Director to do so. Replacement of any removed or disturbed monument will be at the expense of the permittee. (Ord. 608 § 1, 2004).
12.08.150 Maps of facilities.
Each permittee installing, constructing, or maintaining underground facilities such as pipes, wires, conduits, or similar structures under an encroachment permit granted pursuant to this chapter may be required to maintain accurate and complete maps of location, depth, size, and character of such facilities, and upon request, to furnish copies of said maps to the Director at no cost to the City. (Ord. 608 § 1, 2004).
12.08.160 Compliance with authorized permit and conditions.
A. By submittal of an application for and acceptance of an encroachment permit, the permittee agrees to comply with and be bound by all sections, provisions, and references contained in this chapter, as it may be amended from time to time. It shall be unlawful for the permittee to implement the authorized encroachment in a manner that is not in accordance with the approved encroachment permit, including any conditions attached thereto.
B. All obligations, responsibilities, and other requirements of the permittee shall be binding on successors in interest of the original permittee and subsequent owners of property benefited by the granting of the encroachment permit.
C. The City may require that the permittee record the encroachment permit with the Napa County Recorder’s Office to serve as notice of conditions to successors in interest or any interested person. (Ord. 608 § 1, 2004).
12.08.170 Appeals.
An applicant for an encroachment permit may appeal a decision by the Director of Public Works to deny, conditionally approve or revoke an encroachment permit pursuant to Chapter 1.20 CMC. (Ord. 608 § 1, 2004).
Prior legislation: Ords. 276 and 297.