Chapter 12.25
ENCROACHMENT PERMIT
Sections:
12.25.010 Encroachment defined.
12.25.030 Removal of unauthorized encroachments.
12.25.040 Approval of existing encroachments.
12.25.070 Applicability of chapter to persons doing construction or excavation work.
12.25.010 Encroachment defined.
“Encroachment” shall be considered as any object above ground or below belonging to a private owner other than the borough which has been or caused to be constructed or located within streets, public rights-of-way or other property dedicated to a public use. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.20.010.]
12.25.020 Permit required.
Any person desiring to construct an encroachment on a public right-of-way or any other property dedicated to a public use shall apply for an encroachment permit to the director of public works. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.20.020.]
12.25.030 Removal of unauthorized encroachments.
Unauthorized encroachments shall be subject to immediate removal by the owner upon being given notice by the borough. Notice shall consist of a written letter, sent by certified mail, return receipt requested, explaining the violation and allowing twenty (20) days to remove the encroachment. If the owner does not remove the encroachment after being given proper notice, the borough shall remove the encroachment and the person encroaching shall reimburse the borough for all costs incurred. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.20.030.]
12.25.040 Approval of existing encroachments.
Any encroachment of a private nature without a permit may be removed in accordance with KGBC 12.25.030 or may be granted a permit allowing such encroachment to remain if such encroachment meets the approval of the director of public works or designee and KGBC Title 18. The individual, upon signing the permit, agrees to indemnify the borough against any and all claims to persons or property which may grow out of or arise in connection with such encroachment within, on, over or under any property owned by the borough, a public right-of-way or other property dedicated to a public use. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.20.040.]
12.25.050 Appeals.
Any revocation, suspension or denial of an encroachment permit may be appealed to the planning commission by filing a written notice of appeal with the planning clerk and stating the grounds for such appeal. The appeal notice must be filed within ten (10) days after the effective date of the revocation, suspension or denial from which the appeal is taken. The fee to appeal the denial of an encroachment permit to the planning commission shall be one hundred dollars ($100.00). [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.20.050.]
12.25.060 Fee.
The fee for an encroachment permit shall be five dollars ($5.00) plus the value of the encroachment area. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.20.060.]
12.25.070 Applicability of chapter to persons doing construction or excavation work.
The provisions of this chapter do not change or alter the requirements set forth for obtaining permits for construction or excavation work in public rights-of-way. Those persons required to obtain a permit before performing construction or excavation work on property owned by the borough, a public right-of-way or any other property dedicated to a public use do not need to apply for an encroachment permit as outlined in this chapter. [Ord. No. 1386S, §1, 12-18-06. Code 1974 §70.20.070.]