Chapter 12.06
ENCROACHMENTS*
Sections:
12.06.010 Title.
12.06.020 Purpose and intent.
12.06.030 Definitions.
12.06.040 Compliance required.
12.06.050 Permit—Required.
12.06.060 Permit—Issuance and conditions.
12.06.070 Application for permit.
12.06.080 Administration.
12.06.090 Permit—Revocation conditions.
12.06.100 Standards for work.
12.06.110 Appeals.
12.06.120 Violation a public nuisance.
* Prior ordinance history: Ords. 475 and 490.
12.06.010 Title.
This chapter shall be known as the “Encroachment Ordinance” and may be so cited. (Ord. 503 § 1 (part), 1999)
12.06.020 Purpose and intent.
It is the intent of the encroachment regulations to preserve the rural nature of the town and to leave the lot frontage strip portion of the public right-of-way safe, clear of obstacles and impervious surfaces, for drainage, parking, access and other similar uses. It is the intent of this chapter to clarify that it is the responsibility of adjoining property owners to maintain such areas. (Ord. 503 § 1 (part), 1999)
12.06.030 Definitions.
As used in this chapter:
A. “Lot frontage strip” means that portion of the public right-of-way between the property line and the paved street.
B. “Utility” or “utilities” or “public utilities” means and includes any water, gas, sewer, electrical or communications service and all persons supplying the same.
C. “Communications services” or “communications service” means and includes telephone, cable and video services as defined in the Public Utilities Code of the state of California. (Ord. 569 § 1, 2007: Ord. 503 § 1 (part), 1999)
12.06.040 Compliance required.
It is unlawful for any person, firm or corporation to store materials or vehicles, or maintain, erect, construct, alter, repair, raise, build or move any building, structure, sign, fence, wall, culvert, bridge, paving or portion thereof, or landscaping upon any easement, right-of-way or parcel of land conveyed, granted or dedicated in any way to the town, or owned in any manner by the town or to perform any work on poles or overhead lines and associated structures above any public street or sidewalk for any purpose or purposes whatever, except in compliance with the provisions of this chapter. (Ord. 569 § 2, 2007: Ord. 503 § 1 (part), 1999)
12.06.050 Permit—Required.
A. No person shall maintain, erect, construct, alter, repair, raise, build or move any building, structure, sign, fence, wall, culvert, bridge, paving or portion thereof, or store materials, or vehicles or perform grading and filling, or plant or place any landscaping, upon any easement, right-of-way or parcel of land conveyed, granted or dedicated in any way to the town or owned in any manner by the town, or perform any work on poles or overhead lines and associated structures above any public street or sidewalk, for any purpose or purposes whatever, without first having obtained from the town an encroachment permit in current force and effect. All such encroachments are subject to limitations outlined in Section 12.06.100.
B. A permit shall not be required for the following:
1. Minor maintenance in the right-of-way that meets the following:
a. Maintenance that does not alter any existing drainage patterns,
b. Minor patching and sealing of driveways;
2. De minimus modifications that are consistent with this chapter;
3. Mailboxes that meet the requirements of Section 12.06.100F;
4. Keypads and intercoms installed in conjunction with a building permit and which meet the requirements of Section 12.06.100F. (Ord. 569 § 3, 2007; Ord. 503 § 1 (part), 1999)
12.06.060 Permit—Issuance and conditions.
Except for permits issued pursuant to Section 12.06.100H, the city manager, in conformance with the provisions of Section 12.06.080, shall issue an encroachment permit to the applicant when, in the opinion of the city manager, the proposed encroachment would not interfere with any town facilities or the use thereof, and would not be detrimental to the best interests of the town. Each such permit shall be revocable at any time in the sole discretion of the town, in accordance with Section 12.06.090, and shall be subject to such conditions, terms and charges as the city manager deems reasonable for the protection of the best interests of the town, including, without limitation, a provision that the permittee and his successors shall defend, indemnify and hold the town, its officers, agents and employees free and harmless from any and all claims of any nature, including claims for liability for personal injury or property damage arising from the construction, operation and maintenance of the encroachment, and further that the encroachment shall be removed promptly upon the request of the city manager, at the sole expense of the permittee. Each encroachment permit shall provide that, upon failure of the permittee to remove the encroachment after notice from the city manager to do so, the encroachment may be removed and abated by the town, and the cost thereof charged to the permittee and secured by a lien upon the property of the permittee. The city manager may delegate any of his functions hereunder to one or more designated deputies. (Ord. 540 § 2, 2003: Ord. 503 § 1 (part), 1999)
12.06.070 Application for permit.
Application for any encroachment permit shall be made to the city manager by all of the owners (or the lessees, with written consent of all of the owners) of the property immediately adjacent to the location of the proposed encroachment. The application shall be made in a form approved by the city manager, and shall contain all information necessary for evaluation of the application, including, without limitation, the following:
A. A statement of the intended use, an accurate drawing to scale showing the location thereof, and a sketch of the proposed encroachment showing its dimensions;
B. The name and address of the applicant(s), the authority of the applicant to make the application, the location and dimensions of the installation, the size of any proposed excavations, the purpose of the encroachment and the estimated time which will be required to complete the work, including backfilling any excavations and removing all obstructions, materials, equipment, vehicles and debris;
C. Certificates of insurance of types and amounts as required by the city manager, and approved as to form by the city attorney;
D. A statement, satisfactory in form and substance to the city attorney, from a licensed title insurance company indicating the ownership of the affected parcel and the adjoining parcel or parcels where encroachment is proposed;
E. An agreement specifying the terms of the permit, including appropriate hold harmless, defense and indemnity provisions, and a
requirement that the owner will agree to maintain trees and landscaping in the public right-of-way, and in form recordable as a covenant running with and binding the land of the applicant, to be approved by the city attorney;
F. Such cash deposits, inspection fees and performance and labor and material bonds as may be required by the city manager, the amounts thereof based on estimates by the city engineer of costs of administration and inspection;
G. Application fees, engineering review fees and any annual blanket utility encroachment fees, as established by resolution of the city council. (Ord. 503 § 1 (part), 1999)
12.06.080 Administration.
A. Each complete application for an encroachment permit shall be reviewed by the town staff for a determination as to whether the application complies with the requirements of this policy, and meets town regulations. This review shall include referral to all appropriate staff members for review and comment. The proposed encroachment shall be evaluated to determine whether it is compatible with the general plan and with the character of adjacent public and private property.
B. Based on the recommendations and findings of the staff, the city manager may deny or grant the permit. The city manager may impose all such conditions of approval, which he deems necessary and appropriate to safeguard the public health, safety and welfare, and to insure compliance with the general plan, the policies expressed herein, and all other applicable regulations. (Ord. 503 § 1 (part), 1999)
12.06.090 Permit—Revocation conditions.
Except for permits issued pursuant to Section 12.06.100(H), the city manager may revoke any encroachment permit at any time that he determines that such revocation is in the best interests of the town, or that the conditions of the permit or any other regulations are being violated, or that the encroachment interferes with the public safety or convenience. Upon revocation, the permittee shall be notified in writing of the revocation. (Ord. 540 § 3, 2003: Ord. 503 § 1 (part), 1999)
12.06.100 Standards for work.
The following standards shall apply:
A. All work and improvements installed in any public right-of-way shall conform to the standard specifications of the town, and shall be installed to the satisfaction of the city engineer.
B. No encroachment shall be located or maintained in any manner that impedes drainage, or access to any public or private utility, or facility, or to any devices or controls, for inspection, maintenance or operation.
C. No pavement, poured concrete, asphalt or similar material shall be used in any right-of-way except for ingress and egress to the property. When any existing pavement, poured concrete, asphalt or other impervious material becomes materially damaged and/or unsafe it shall be removed and the area shall be improved only as allowed under these provisions.
D. No physical obstruction shall be placed within six feet from the edge of the improved public right-of-way.
E. New landscaping may be permitted in the public right-of-way, if it complies with all of the following criteria:
1. No landscaping shall be permitted to encroach on the improved portion of the public right-of-way. No landscaping shall be permitted to encroach over the improved portion of the public right-of-way if it constitutes a hazard to public safety as determined by the city manager, or his designee.
2. Landscaping within three feet from the edge of the improved public right-of-way is limited to ground level landscaping not to exceed five inches in height, and ground level pervious surface coverings. Pervious surfaces consist of any material that permits the infiltration of water into the soil.
3. Landscaping located between three feet and six feet from the edge of the improved public right-of-way shall be limited to groundcover or low-growing shrubs less than thirty-six inches in mature height. No shrubbery within a triangular area bounded on two sides by improved right-of-way lines extending a distance of thirty feet from the intersection of the improved right-of-way at the street corner shall be over three feet in height measured from the level of the closest adjoining pavement to the top of the shrubbery. Within such triangular area, all trees, including overhanging trees shall be trimmed so that they shall not obstruct the vision of persons operating vehicles on adjoining streets.
4. New landscaping in the public right-of-way may be permitted with an encroachment permit as outlined in this chapter. All record owners of the immediately adjoining property, shall provide the town with a covenant running with the land, in recordable form satisfactory to the city attorney, providing that all such landscaping will be maintained in good condition, and if necessary removed at the town’s discretion, at the sole expense of the owners of the immediately adjoining property.
5. Newly planted street trees and shrubbery shall be planted so that when mature, their trunks are at least six feet from the edge of the improved public right-of-way.
6. Only street trees approved by the town may be planted, and deep root planters or root barriers may be required.
7. All landscaping in the public right-of-way must be perpetually maintained in a healthy growing condition by the owner of the adjoining property, so as not to create a safety hazard or a public nuisance. All lot frontage strip areas in the public right-of-way shall be maintained free of weeds, litter and debris.
8. No logs, curbs, rocks or similar obstacles may be placed within six feet of the edge of the improved right-of-way.
9. Landscaping shall not be permitted to impede drainage.
F. Encroachments for mailboxes and for gate entry key pads and intercom devices may be permitted, provided they are located at least six feet from the edge of the improved right-of-way.
G. All existing trees and shrubs and landscaping may continue to be located within the public right-of-way so long as they do not present a public hazard. The nonconforming condition may not be allowed to further encroach into the public right-of-way. Further, if such nonconforming landscaping is determined by the city manager, or his designee to be hazardous or poses a physical obstruction, it shall be subject to abatement and removal as a public nuisance where determined by the city manager, or his designee to be in the interest of the public health, safety and general welfare.
H. Encroachment permits may be issued for entrance gate structures delineating all or parts of a specific neighborhood, subject to terms and conditions of a permit approved by the city council. Further, if such encroachments are subsequently determined by the city council to be hazardous or to pose a physical obstruction, said structure shall be subject to abatement and removal as a public nuisance as determined by the city council, to be in the interests of the public health, safety and general welfare. (Ord. 540 § 1, 2003; Ord. 503 § 1 (part), 1999)
12.06.110 Appeals.
Any person affected by a decision of the city manager to grant, conditionally grant, deny or revoke any encroachment permit shall have the right to appeal such decision in accordance with the provisions of Chapter 17.06 of this code. (Ord. 503 § 1 (part), 1999)
12.06.120 Violation a public nuisance.
Each violation of this chapter shall constitute a public nuisance and be subject to abatement as such, in accordance with provisions of Chapter 8.20 of this code. (Ord. 503 § 1 (part), 1999)