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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.