HomeMy WebLinkAbout1987-057-04/21/1987-POLICY PRIVATE USE OF CITY STREETS PUBLIC LANDS RIGHTS OF WAY RESOLUTION 87- 57
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AND ADOPTING A POLICY PERTAINING TO THE
PRIVATE USE OF CITY STREETS AND RIGHTS-OF-WAY
AND PUBLICLY OWNED LANDS
WHEREAS, the Charter of the City of Fort Collins authorizes the
Council to grant franchises and revocable permits for the use of streets
and other public property; and
WHEREAS, Chapter 95 of the Code of the City authorizes the City
Engineer to grant encroachment and obstruction permits for the use of City
streets, alleys and public places; and
WHEREAS, the Council of the City of Fort Collins has determined that
it is in the best interest of the City that a policy be adopted for the
purpose of establishing parameters and guidelines to govern the City staff
in determining when, and under what conditions, a franchise, revocable
permit, or encroachment permit may, or should, be granted.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the policy pertaining to the private use of City streets,
rights-of-way and public lands, attached hereto and incorporated herein by
this reference, be and it hereby is, adopted as a policy of the City.
Passed and adopted at a regular meeting of the Council of the City of
Fort Collins held this 21st day of April , A.D. 1987.
Mayor
ATTEST: -
City Clerk
EXHIBIT "A"
ENCROACHMENT POLICIES
I. Street and—Right-of-Way Encroachment Policv
It shall be the policy of the City to discourage the issuance of
revocable permits or obstruction and encroachment permits involving
the private use of public streets or rights-of-way other than as
provided below. Permits for the following exceptions shall be
judged on a case by case basis and may, as appropriate, be granted
by the Director of Development Services in accordance with Chapter
95, Article II of the Code, or by the City Council in accordance
with Article XIII, Section 10 of the City Charter. Accordingly,
permits may be granted for the following:
0 Off-site construction necessary to accommodate on-site
construction of buildings and improvements, e.g. , footings and
foundations, subterranean electric transformers and equipment
vaults, curb, gutter, and sidewalk construction required of the
developer as a part of normal construction practices.
0 Temporary obstructions and encroachments necessary to
accommodate and facilitate the construction of adjacent
buildings and improvements.
0 Planting/landscaping boxes, low walls and decorative ornaments
that enhance the building but do not interfere with pedestrian
movement, access driveways, curb cuts, bus stops, sight
distance or other public transportation needs and necessities
or below grade utilities, and other similar encroachments.
0 Awnings, canopies, outdoor seating areas, and similar
encroachments for the pleasure and convenience of the adjacent
establishment , patrons and citizens ; provided such
encroachments do not interfere with pedestrian movement, access
driveways, curb cuts, bus stops, sight distance or other
transportation needs and necessities or below grade utilities;
and, are not otherwise prohibited by law.
0 This policy is not intended to address air rights development
opportunities within the public right-of-way which will be
handled under separate procedures to be established.
0 Permits may also be granted when it is determined by the body
or official granting the permit that there exists a threat to
the public health, safety and welfare which necessitates the
granting of such a permit to protect the best interests of the
City.
0 Any application for permission to encroach upon public streets
and rights -of-way may be referred by the Director of
Development Services to the City Council for consideration
under Article XIII of the City Charter if the Director should
determine that such application should most appropriately be
reviewed and approved by the City Council .
II. Public Lan-ds Encroachment* -- Good Neighbor Policy
It shall be the policy of the City to assist neighboring
developments by permitting encroachment on City owned property for
purposes of expediting and coordinating the orderly construction of
adjacent, contiguous developments. Such encroachment** permits
may, as appropriate, be granted by the Director of Development
Services in accordance with the provisions of Chapter 95, Article
II of the City Code or by the City Council in accordance with
Article XIII, Section 10 of the City Charter. After consultation
with affected departments, and a finding that the granting of such
encroachment permit will not be detrimental to the public health,
safety and welfare, and is not a nuisance and is not injurious to
the public property, its environmental setting, value or use
(present or future) , the permit may be granted, in accordance with
the following procedures:
A. Access and Use
1 . The City may, upon good showing, grant permits to
obstruct, occupy or encroach upon public lands owned by
the City. The City department(s) affected by the
encroachment shall inform the Director of Development
Services of its response and recommendation, if any, to
any such request within ten (10) working days of
referral by the Director of Development Services. If
there are conflicts between the affected department(s)
and the finding of the Director of Development
Services, then the City Manager shall make the final
decision.
2. If the encroachment is acceptable to the affected
department ( s) and approved by the Director of
Development Services, then the requesting parties shall
pay all costs to make the change to City property and
all costs of restoration of said property as approved
by the Director of Development Services; and shall also
* Excludes public rights-of-way and streets.
** The term "encroachment" shall not be construed to mean the
construction or erection of a "building, " whether permanent or
temporary as defined in Section 118-11 of the City Code.
pay to the City the cost for such encroachment (to the
impacted department) in an amount equal to the access
and use including "use plus cost" method of calculation
as hereafter provided. The City's right-of-way agent
` shall determine the fair market value of the land to be
encroached upon.
3. Any application for permission to encroach upon public
lands may be referred by the Director of Development
Services to the City Council for consideration under
Article XIII of the City Charter if the Director should
determine that such application should most
appropriately be reviewed and approved by the City
Council .
Access and Use Method of Calculation
The value for use of the City ' s land shall be
established at 25% of the fair market value of the fee
ownership of the public land to be encroached upon.
The procedures to determine fair market value shall be
as follows:
0 The market value of the public land to be
encroached upon shall be determined by conventional
methods using current appraisal practices of the
City. The applicant shall have the right to obtain
an independent appraisal of the current market
value of the subject property . Should the
appraisals vary by an amount greater than 10%, the
Director of Development Services shall establish
the fair market value of the property. The
determination by the Director of Development
Services may be appealed to the City Manager within
30 days of such determination. Failure to file a
written appeal within such 30-day period shall be
deemed acceptance of the appraised value by the
applicant. All costs associated with determining
the market value of the public land shall be borne
by the applicant. In no event shall this fee be
less than two hundred dollars (b200. ) .
0 Additional costs incurred by the City due to the
encroachment including, but not limited to,
additional maintenance and insurance costs;
temporary or permanent loss of alternative use
opportunities by the City (e.g. , change in contour
of property), shall be determined by the Director
of Development Services after consultation with
affected City departments. The decision of the
Director may be appealed to the City Manager in
accordance with appeal procedures outlined above.
B. Good Neighbor Policy
1. Where there is little or no direct detrimental impact
caused by the proposed encroachment (as determined by
the Director of Development Services) the City may
permit encroachment onto City owned property for
purposes of assisting neighboring properties to develop
in an orderly fashion. After consultation with the
affected City department(s) the Director of Development
Services may issue encroachment permits for access,
use, construction and restoration, authorizing a
neighboring property owner, or duly authorized agent,
to enter onto City property for the purpose of
coordinating adjacent development, grading, sediment
control and storm drainage plans. The applicable
procedures for the issuance of such permits shall be as
outlined in Chapter 95, Article II of the City Code.
2. The City department(s) affected by the encroachment
shall inform the Director of Development Services of
its response and recommendation, if any, to such
request within ten (10) working days of referral by the
Director of Development Services. If there are
conflicts between the affected departments and the
findings of the Director of Development Services, then
the City Manager shall make the final decision.
III . Conflict
To the extent that this policy shall be in conflict with the City
Code, the Code shall control . This policy shall be used to assist
the staff of the City in interpreting and administering the City
Code.