Chapter 12.04
ENCROACHMENTS

Sections:

12.04.010    Purpose.

12.04.020    Definitions.

12.04.030    Permits – Requirements.

12.04.040    Applicability.

12.04.050    Regulated encroachment activities.

12.04.060    Encroachment permit – Procedure.

12.04.070    Delegation of review and approval.

12.04.080    Encroachment permits – Criteria of approval.

12.04.090    Encroachment permits – Terms and conditions.

12.04.010 Purpose.

The purpose of this chapter is to entitle and regulate activities in the public right-of-way. The encroachment permit process is the city’s mechanism for guaranteeing that work in the public right-of-way is:

A. In the interest of the public health, safety and welfare;

B. Is conducted in a manner that does not result in conditions detrimental to the public health, safety and welfare;

C. Is not materially injurious to private or public property;

D. Does not result in practical difficulty or liability risk to city;

E. To be consistent and not in conflict with similar work by others or by the city itself. [Ord. 86-187 § 1.01, 1987].

12.04.020 Definitions.

“Encroachment permit” means a permit to conduct activity described in TMC 12.04.040 and 12.04.050. [Ord. 86-187 § 2.01, 1987].

12.04.030 Permits – Requirements.

All encroachment permits shall be reviewed according to the criteria set forth in this chapter and are subject to the terms and conditions therein. Additional terms and conditions may be prescribed by the department and/or decision-making body approving the encroachment permit, in order to ensure the purposes are carried out fully. [Ord. 86-187 § 2.02, 1987].

12.04.040 Applicability.

This chapter applies to all projects performed by private parties or their agents, or contractors of the city that take place within or involve alterations or improvements to the public right-of-way. [Ord. 86-187 § 3.01, 1987].

12.04.050 Regulated encroachment activities.

Activities in the public right-of-way include:

A. Sidewalk, curb, drop curb construction or repairs;

B. Sanitary sewers;

C. Water mains, services, etc.;

D. Storm drains;

E. Sidewalk or street closures;

F. Encroachment on sidewalks;

G. Non-city-owned utilities (gas, telephones, etc.);

H. Street improvements (grading, paving, etc.):

I. Alley improvements, use of alley;

J. Hydrant rental;

K. Subdivision improvements;

L. Banner permits;

M. Special event permits;

N. Other, as specified, including locating improvements (not falling in one of the categories above, such as signs) in the public right-of-way. [Ord. 86-187 § 3.01, 1987].

12.04.060 Encroachment permit – Procedure.

Applications for encroachment permits shall be reviewed as follows:

A. The applicant shall apply on a form prescribed by the city council;

B. The city clerk shall direct the application to the appropriate department or decision-making body as set forth in TMC 12.04.070.

C. Upon approval by the appropriate department or body as indicated in TMC 12.04.070, the city clerk shall issue the encroachment permit;

D. Disapproval of a request for an encroachment permit shall be made in writing with reasons given for the disapproval;

E. Disapprovals may be appealed to the city council within 10 days of the date that notification of the disapproval was mailed to the applicant;

F. Grievances regarding the issuance of an encroachment permit and/or the conduct of an activity regulated by this chapter may be addressed to the city council. [Ord. 86-187 § 4.01, 1987].

12.04.070 Delegation of review and approval.

Encroachment permits shall be reviewed and approved by the departments and/or governing body of the city as set forth in Table 12.04.070.

 

Table 12.04.070

Type of Encroachment Permit*		City Staff			City Body
		Public Works	Engineer	Planner	Police/Fire	Commission	Council
A.	Sidewalk, curb, drop curb	Approve
B.	Sanitary sewers	Approve	Recommend
C.	Water mains, water services, etc.	Approve	Recommend
D.	Storm drains	Approve	Recommend
E.	Sidewalks or street closures	Approve			Recommend
F.	Encroachment on sidewalks	Recommend	Recommend	Recommend		Approve
G.	Non-city-owned utilities	Approve	Recommend
H.	Street improvements	Approve	Recommend
I.	Alley improvements, alley use	Approve	Recommend	Recommend	Recommend
J.	Hydrant rental	Approve
K.	Install subdivision improvements	Approve
L.	Special event permits	Recommend	Recommend	Recommend	Recommend
M.	Other	Recommend	Recommend	Recommend	Recommend	Recommend	Approve

*    Encroachment permit types correspond to TMC 12.04.040 and 12.04.050.

[Ord. 86-187 § 5.01, 1987].

12.04.080 Encroachment permits – Criteria of approval.

An encroachment permit may be issued when the proposed activity:

A. Is in the interest of the city and/or the health, safety and welfare of the public;

B. Does not result in conditions detrimental to the public health, safety and welfare;

C. Does not result in practical difficulty or liability risk to the city;

D. Is not materially injurious to private or public property. [Ord. 86-187 § 6.01, 1987].

12.04.090 Encroachment permits – Terms and conditions.

Encroachment permits are subject to the following conditions:

A. All work shall conform to the city standards and specifications.

B. Barricades must be kept on all trenches, excavations and obstructions. Warning lights must be maintained at night. All signs, flags, lights and safety devices involved in construction activities shall conform to the requirements set forth in the then current “Manual of Traffic Control Warning Signs, Lights and Other Devices for Use in Performance of Work Upon Highways,” issued by the State Department of Transportation.

C. Continuous vehicle and pedestrian access shall be maintained unless specifically otherwise permitted by the encroachment permit.

D. Unrestricted access to fire hydrants shall be maintained at all times.

E. No street shall be closed without first notifying the city and receiving approval from the city. Under normal circumstances, the city expects at least 24 hours’ advance notice of such closure. An estimate shall be given on how long the closure is expected to last. Notification shall be given to the city when the street is reopened.

F. All work shall be guaranteed for a period of not less than 90 days or more than one year from the date of acceptance by the city. Failure of the city to detect flaws in the work shall not relieve the applicant and/or contractor of this responsibility.

G. Failure to comply with these conditions and with this chapter shall result in direction from the city to stop work. The city reserves the right to perform the necessary correction and improvement work at the applicant’s expense.

H. Any long-term encroachment not properly or promptly maintained will be repaired or removed at the applicant’s expense.

I. No permit shall be issued to any individual, organization or contractor who has outstanding fees, charges or work not in compliance with terms of any encroachment permit previously issued. The council may waive or alter this provision in exceptional circumstances.

J. The applicant shall indemnify and hold harmless the city, and its officers and agents, from all suits and actions of every name and description brought for, or on account of, any injuries or damages received or sustained by any person or persons, by or from the applicant, applicant’s employees or agents, in the construction of the work, or by or in consequence of any negligence in guarding the same, or for improper materials and/or methods used in construction.

K. Encroachment permit applications involving banners, signs or structures shall be approved by the design review committee prior to issuance of the encroachment permit. [Ord. 86-187 § 7.01, 1987].