Chapter 4.05
TEMPORARY EASEMENTS AND LICENSES
Sections:
4.05.010 Title, purpose, and definitions.
4.05.020 Request for temporary easement or license.
4.05.030 Evaluation of request.
4.05.040 Determination by the city manager.
4.05.010 Title, purpose, and definitions.
A. This chapter shall be known and may be cited as the “Temporary Easement or License Ordinance.”
B. Pursuant to the provisions of ORS 221.725, prior to the sale of any interest in real property the city is required to hold a public hearing and consider various aspects of the sale. ORS 221.727 alternatively permits the establishment of a procedure for the sale or transfer of any interests in real property of an identified class instead of holding a public hearing on each individual transaction. This chapter is intended to delegate and vest in the city manager power and authority to convey a temporary construction easement (not to exceed 12 months in length and subject to conditions set forth herein) or grant a temporary license over city owned property without the need to conduct an individual hearing.
C. For purposes of this chapter the following definitions apply:
“City manager” or “manager” is the city manager for the city of Lincoln City or any person designated by the city manager for purposes of carrying out the duties required of such person.
“Temporary construction easement” is an easement interest in real property which will permit an applicant to engage in construction activities on property other than city property but stage such activities or encroach on city property incidental to such construction. (Ord. 2017-01 § 1)
4.05.020 Request for temporary easement or license.
A. Any person or entity may request a temporary construction easement or license to enter and perform authorized work on or adjacent to city owned property. Authorized work is work that has been permitted by federal, state and/or local authorities, including all necessary city land use or public works approvals. The city manager, with the concurrence of the city attorney, may also initiate such a request. The city manager shall not process such an application without competent evidence of approved plans and permits for the authorized work.
B. The city manager may establish an application fee of not less than $250.00 to be charged for the processing of the application. The council may by resolution increase the fee. City-initiated applications shall not require a fee.
C. The applicant shall submit information requested by the city manager that the manager finds necessary or helpful in making a determination on the application. (Ord. 2017-01 § 1)
4.05.030 Evaluation of request.
A. The city manager shall consider whether the temporary easement (e.g., construction easement) or temporary license sought is “in furtherance of the public interest.” Relevant factors to be considered include, but are not limited to:
1. The easement or license will facilitate construction of a public improvement or recreational facility or amenity which will serve the Lincoln City community; and
2. The easement or license is needed in order to construct, install, or stage construction of the improvement, facility, or amenity and such improvement, facility, or amenity has all required permits, plans and authorizations to proceed to construction; and
3. The easement or license will not conflict with public utilities or public services or otherwise interfere with city, state or federal programs, activities or missions; and
4. If existing utility facilities or structures are within or near the easement or license area, the manager may require locates of existing utilities to be requested by the applicant and the utilities must be notified of the extent and duration of the easement or license;
5. The manager may require copies, at the applicant’s expense, of all approved plans, permits and support documents to be submitted to the city.
6. The manager shall require review and recommendation by the Lincoln City planning department, the Lincoln City public works department and approval as to form by the city attorney before any easement or license can be issued;
7. Appropriate financial consideration may be required depending upon the nature and extent of the requested easement or license. No easement or license shall have duration of more than 12 months. Easements and licenses may be extended only in writing and only after review in accordance with the criteria in this chapter. Notwithstanding the above limitations, a temporary license may automatically renew without a new application (such as a revocable license authorizing an encroachment) provided all annual payments are made as required;
B. This chapter creates no entitlement to a temporary license or easement. Any such grant is in the sole discretion of the city manager. (Ord. 2017-01 § 1)
4.05.040 Determination by the city manager.
A. If the city manager is satisfied after consideration of the evaluation criteria and factors and the best interests of the public that the requested temporary easement or license furthers the public interest, the city manager may grant such easement or license, or portion thereof, in a form approved by the city attorney. The city manager may impose reasonable conditions as part of such grant of easement or license in furtherance of the public interest. Violation of license or easement terms and conditions shall subject the instrument to revocation and shall also be an offense against the city, punishable as a Class B violation in accordance with Chapter 1.16 LCMC.
B. If the city manager’s decision is to grant the request, a written decision is required. If the city manager’s decision is to deny, modify or condition the request, then the applicant shall be provided with the written decision, including the reasons for the denial, modification or conditioning of the request. (Ord. 2017-01 § 1)
4.05.050 Appeal.
Only the applicant may appeal a decision of the city manager to the city council. A decision of the city manager shall be final, unless an appeal is timely filed within 10 days in accordance with Chapter 1.26 LCMC, Uniform Administrative Appeals. (Ord. 2017-01 § 1)
4.05.060 Report.
The city manager shall provide a quarterly report to the city council on the easements and licenses granted pursuant to this chapter. (Ord. 2017-01 § 1)