Chapter 13.05
ENCROACHMENTS IN THE BOROUGH RIGHT-OF-WAY

Sections:

13.05.010    Permitted encroachments.

13.05.020    Revocation of permit or relocation, removal, change or modification of encroachment.

13.05.030    Unauthorized encroachments.

13.05.040    Pre-existing encroachments.

13.05.050    Indemnification.

13.05.060    Appeals.

13.05.070    Definitions.

13.05.010 Permitted encroachments.

A. No person, other than an officer or employee of the City and Borough of Wrangell in the course of his or her employment, shall make, cause or permit any construction in, on, under or within a borough right-of-way except as provided for in this chapter.

B. Removable, nonpermanent encroachments attached to permanent structures, beautification activity, and aerial encroachments that are not for the purpose of advertising may be permitted upon approval by the city and borough planning commission. Except as provided for in WMC 13.05.040, persons who currently own, maintain, or wish to modify, alter, or change an existing encroachment located in the borough right-of-way described above, and persons desiring to construct, place, or erect an encroachment in the borough right-of-way, shall apply for an encroachment permit on a form designated by the commission and, except as provided for in WMC 13.05.040, pay an application fee of $50.00 to the City and Borough of Wrangell.

C. The commission may provide for any such terms and conditions as the commission deems appropriate prior to approving an encroachment permit. In determining to issue or deny a permit, the commission may consider, at a minimum, the following:

1. The collateral impact of the requested encroachment upon other individuals, the city and borough maintenance efforts, and public safety;

2. The overall beneficial or negative impacts on the use of the right-of-way by individuals or the public at large;

3. The need for the land for public construction projects in the foreseeable future;

4. Whether the encroachment can be considered an advertisement, which is specifically not permissible in the right-of-way;

5. The commission may require the applicant to obtain reviews and/or approvals of construction designs or materials from other state or local government agencies. [Ord. 918 § 2, 2016; Ord. 844 § 1, 2010; Ord. 841 § 1, 2009.]

13.05.020 Revocation of permit or relocation, removal, change or modification of encroachment.

A. Except as provided for below, the commission may revoke or require the change, modification, relocation or removal of an encroachment previously permitted, after notice issued to the permittee at least 45 days, unless a shorter period is agreed to herein by the permittee or as provided for below, before the date of revocation or removal, relocation, or modification is required if it is determined that the permit was issued in error, that the encroachment is having unanticipated adverse effects upon traffic, that the holder has not complied with any applicable term of the permit or this chapter set or required by the commission, or if the area in question is needed for, or if the encroachment conflicts with, a proposed public use of the right-of-way.

B. The commission may revoke a permit effective immediately should it be determined that doing so is necessary as a matter of imminent public safety.

C. Notice shall be served by certified mail, return receipt requested, addressed to the owner or agent of the owner at the owner’s last known address, or by hand delivery to the owner or agent of the owner. If the owner is not known or the notice is returned because of inability to make delivery thereof, notice of the intended removal shall be published once in a newspaper of general circulation in the city and borough. The issuance of a permit under this subsection does not entitle the permittee to a payment of just compensation or relocation benefits under AS 34.60. If the owner does not change, relocate, modify or remove an encroachment within the time set by the commission, the encroachment shall be considered an unauthorized encroachment and subject to the provisions of WMC 13.05.030. [Ord. 844 § 1, 2010; Ord. 841 § 1, 2009.]

13.05.030 Unauthorized encroachments.

Unauthorized encroachments shall be subject to immediate removal by the owner upon being given notice explaining the violation and allowing 20 days to remove the encroachment. Notice shall be served by certified mail, return receipt requested, addressed to the owner or agent of the owner at the owner’s last known address, or by hand delivery to the owner or agent of the owner. If the owner is not known or the notice is returned because of inability to make delivery thereof, notice of the intended removal shall be published once in a newspaper of general circulation in the city and borough. If the owner does not remove the encroachment after being given proper notice, the city and borough shall remove the same, and the person encroaching shall reimburse the city and borough for all costs incurred. Failure of the city and borough to act to cause the removal of an unauthorized encroachment shall create no rights in the owner. [Ord. 841 § 1, 2009.]

13.05.040 Pre-existing encroachments.

Persons in possession of or who own or maintain encroachments allowable under this chapter, erected and existing on or before January 1, 2009, may be granted a permit allowing such encroachment to remain upon the submittal of an encroachment permit application. Grandfathered applications may be approved directly by the zoning administrator. The $50.00 application fee shall be waived with respect to all applications submitted under this section. [Ord. 844 § 1, 2010; Ord. 841 § 1, 2009.]

13.05.050 Indemnification.

The permittee agrees to indemnify, defend and hold harmless the city and borough and its officers, employees, and contractors from any and all claims to persons or property resulting from injury, loss, or damage resulting from the permittee’s use of the permitted area. [Ord. 841 § 1, 2009.]

13.05.060 Appeals.

Appeals of the denial of a permit authorized by this chapter shall be governed by the process laid out in WMC 20.80.010. [Ord. 841 § 1, 2009.]

13.05.070 Definitions.

The following definitions apply to this chapter:

A. “Commission” shall mean the planning and zoning commission;

B. “Encroachment” or “encroachments” as used in this chapter shall refer to aerial encroachments such as canopies, awnings, and overhangs, and removable nonpermanent encroachments attached to permanent structures, such as stairs and porches, in the borough right-of-way. [Ord. 844 § 1, 2010; Ord. 841 § 1, 2009.]