Montague Municipal Code Ch. 12.02 Encroachment Permit

Sections:

• 12.02.010 Definitions. 12.02.020 Encroachment permit required. 12.02.030 Encroachment permit—Compliance required. 12.02.040 Encroachment permit—Conditions. 12.02.050 Encroachment permit—Exceptions. 12.02.060 Encroachment permit—Relocation provisions. 12.02.070 Supervisory authority. 12.02.080 Emergency repair excavations. 12.02.090 Bond—General requirement. 12.02.100 Bonds—Exception. 12.02.110 Violations. 12.02.120 Relation to other city rules, regulations and policies. 12.02.130 Repeal of conflicting ordinances. 12.02.140 Fees. 12.02.150 Effective date.

A. “Encroachment” includes any curb, gutter, driveway, roadway, culvert, sidewalk, underground utility, or above ground utility or any other structure or object of any kind or character not particularly mentioned in this chapter, which is placed in, under or over a city street, alley, or other city-owned parcel or easement.

B. “City street” includes all or any part of the entire width of a city street or public right-of-way, whether or not such entire area is actually used for street purposes or improved for use as a street. (Ord. 12-01, 2012)

A. No person shall create or construct any encroachment without first having obtained a written permit from the City of Montague Public Works Department or city engineer.

B. No encroachment permit shall be issued unless the applicant enters into an agreement to assure and hold harmless the city, its agents, and employees from all liability which may occur for injury or damage to the person or property of the applicant or others resulting from the encroachment placed or the manner or lack of maintenance of the encroachment during the course of construction. The city clerk or whom the city council designates may execute on behalf of the city the agreements provided for by this section.

C. The public works supervisor and/or city engineer may issue such written permits authorizing the permittee to do any of the following acts:

1. Make an opening or excavation for any purpose in any city street, alley, easement or sidewalk; and

2. Place, change, or renew an encroachment, except that no permit shall be required for changes, renewals or replacements of encroachments installed by public utility corporations when the work is performed by the utility's own personnel, and where such changes, renewals or replacements require no opening or excavation of a city street. (Ord. 12-01, 2012)

Any act done under the authority of a written encroachment permit issued pursuant to the provisions of this ordinance shall be done in accordance with all applicable city rules, regulations and standards, and the terms and conditions of the encroachment permit. All new construction of residential, commercial or industrial buildings shall have primary access from a paved street. The city shall require full street improvements (e.g., curb, gutter, sidewalk, paving) upon request of a building permit for new construction and/or modifications to existing structures on all parcels or lots. (Ord. 12-01, 2012)

A. Any permit issued under the provisions of this ordinance may provide that the permittee will pay the entire expense of replacing the public facilities such as street, curb, gutter and sidewalk or any other city facilities damaged during the construction in accordance with any applicable current city standards, and may provide such other conditions as to the location and the manner in which the work is to be done as the public works supervisor or city engineer finds necessary for the protection of the public facilities.

B. The public works supervisor or city engineer may establish conditions of approval for any encroachment permit as deemed necessary to comply with current city standards, rules and regulations.

C. Development of any vacant parcel shall meet the city development standards for paved streets, curb, gutter, and sidewalk except as described below for all street frontages:

1. If the street improvements existed prior to the date of the codification of this ordinance in this title, construction standards may be modified by the public works supervisor or city engineer. The road improvements shall comply with additional city requirements according to city development standards (i.e., curb, gutter and sidewalk).

2. If the street is paved after the effective date of the codification of this ordinance in this title, it shall be constructed to city development standards for paved streets, curb, gutter and sidewalk. (Ord. 12-01, 2012)

A. Reconstruction. The city and/or any other lawful authority that deems encroachment improvements are necessary to bring the structure into conformity within its designated district or pursuant to health, safety, and welfare may impose further encroachment improvements provided the work does not exceed twenty-five percent of the appraised improvement value thereof, according to the assessor's records, in a single calendar year.

B. Previously Approved Building Permits. Nothing within this chapter shall require a change in the structural building plans, design, construction or intended use of the structure itself in which the permit was issued and placement was lawfully begun prior to the amended ordinance. The actual encroachment improvements may be required only at the time a new permit for new or additional construction is obtained. (Ord. 12-01, 2012)

Any permit issued pursuant to Subsection 12.02.020.C. above, shall contain a provision that in the event that any future improvement of the street to accommodate public travel necessitates the relocation or removal of an encroachment placed pursuant thereto, the permittee will relocate or remove the same at his sole expense. In such case the city shall serve on the permittee a written demand specifying the place of relocation or that the encroachment must be removed from the city street and specifying a reasonable time within which the work of relocation or removal must be commenced. The permittee must commence such relocation or removals within the time specified in such demand and thereafter diligently prosecute the same to completion. (Ord. 12-01, 2012)

The public works supervisor or city engineer or their designee may supervise any work done under permits issued under the provisions of this chapter. (See Subsection 12.02.040.B.) (Ord. 12-01, 2012)

Permittees under this chapter may excavate within city streets for the purpose of making repairs in such cases of emergency requiring immediate action. In such cases the public works supervisor or city engineer shall be promptly notified of any such action and such permittee at his own expense shall immediately replace such city street in as good condition as existed before the excavation. (Ord. 12-01, 2012)

Before granting a permit under the provisions of this chapter, the public works supervisor or city engineer may require the applicant to file with the city council a satisfactory bond payable to the city in such amount as the public works supervisor or city engineer deems sufficient, conditioned upon proper compliance by the permittee with the provisions of this chapter. (Ord. 12-01, 2012)

Except as otherwise provided in this chapter, the bonds specified herein shall not be required of any city, public corporation, political subdivision or public utilities corporation which is authorized by law to establish or maintain any works or facilities in, under or over any city street, nor shall the application of any permittee of the class specified in this section be denied. Each such applicant is entitled to a permit, but is otherwise subject to the provisions of this ordinance and to all reasonable conditions and provisions made by the public works supervisor or city engineer in any such permit. (Ord. 12-01, 2012)

Any person violating any of the provisions of this ordinance shall be deemed guilty of an infraction and any person violating the same section or a portion of this ordinance on a second or subsequent occasions shall thereafter be deemed guilty of a misdemeanor and upon conviction of either an infraction or a misdemeanor shall be punishable as provided by law. (Ord. 12-01, 2012)

It is the intent of this ordinance that compliance herewith shall be in accord with other city rules and regulations as they may relate to or be impacted by excavation, grading and drainage improvement activities governed by this ordinance. (Ord. 12-01, 2012)

All other ordinances or parts of ordinances relating to the authority, processing and issuance of permits covered under this ordinance are hereby repealed. (Ord. 12-01, 2012)

Fees shall be assessed as set forth in the fee schedule adopted by separate resolution of the city council. (Ord. 12-01, 2012)

This ordinance shall become effective thirty days from and after the date of its passage. (Ord. 12-01, 2012)