(a) 
It is the intend and purpose of this division to:
(1) 
Establish an efficient process for persons to utilize when seeking authorization to encroach on the public right-of-way and city easements; and
(2) 
Provide regulations by which encroachments on the public right-of-way and city easements are conducted safely, in a manner that does not interfere with the city or other public utilities use of the easement, and for a limited duration where possible.
(b) 
To accomplish the stated purpose, the city engineer may approve an application to permit encroachments in the easements held by the city and in the right-of-way if the city engineer determines that the encroachment will not interfere with the use of the easement or the right-of-way.
(c) 
No provision in this division prohibits the city engineer from presenting an application to permit encroachments in the easements held by the city and in the right-of-way to the city council for consideration and final approval.
(Ordinance 24-21 adopted 4/16/2024)
Whenever used in this division, the following terms shall have the following definitions and meanings, unless the text of the sentence in which they are used clearly indicates otherwise.
Easement.
A public utility easement, municipal utility easement, water utility easement, wastewater utility easement, drainage easement, or other easement owned and/or controlled by the city.
Encroachment.
A structure or other improvement that is proposed to be located within a public right-of-way or easement.
Right-of-way.
The surface of, and the space above and upon, any and all present and future public thoroughfares, public utility easements, public ways, public grounds, public waterways and, without limitation by the foregoing, any other public property within the corporate limits of the city.
(Ordinance 24-21 adopted 4/16/2024)
A person who wishes to locate any structure or improvement within right-of-way or an easement shall be required to submit and obtain approval of an application submitted in accordance with this division and enter into a license agreement or encroachment agreement prior to locating the structure within the easement or right-of-way.
(Ordinance 24-21 adopted 4/16/2024)
(a) 
The following information shall be provided in the request on the application form provided by the city engineer:
(1) 
The name, addresses, and telephone numbers of the owner of the structure, property, or equipment proposed for encroachment or person(s) responsible for the activity proposed for encroachment. For an encroachment into an easement, the owner of the property upon which the easement is located must apply for the permit and be a party to any agreements required by this division.
(2) 
The names, titles, and telephone numbers of the following:
(A) 
The person designated as the principal contact for the submittal, if different from the owner;
(B) 
A description of the location of the proposed encroachment;
(C) 
Engineering plans, drawings and/or maps, as required by the city engineer, with summarized specifications showing the encroachment;
(D) 
Applicants' acknowledgement that upon approval of a request authorizing encroachment in the right-of-way or easement, the applicant will sign a license agreement or encroachment agreement in the form required by the city;
(E) 
Any reports or studies required by the city engineer including additional construction plans or reports to address stormwater flows and drainage; and
(F) 
Any other information requested by the city engineer or designee.
(b) 
An application for approval to encroach in an easement held by the city or to encroach in the public right-of-way shall be accompanied by an administrative and inspection fee of $750.00. The city engineer shall have the discretion to waive or reduce the application fee in the instance that it is determined that the encroachment serves the interests of the general public.
(Ordinance 24-21 adopted 4/16/2024)
(a) 
The city engineer shall review the application and shall approve or deny the application. The application shall be denied if:
(1) 
The application is incomplete;
(2) 
The application fee is not included;
(3) 
The encroachment will interfere with the city's or another entities' use of the easement, will create a safety hazard, will interfere with the city's plans for the easement or right-of-way, will cause damage to property other than the applicant's property, or is contrary to good engineering practices.
(b) 
An applicant who receives a permit for encroachment in a public right-of-way or easement shall enter into a license or encroachment agreement in the form required by the city and approved by the city attorney and the city engineer. The city engineer may impose additional reasonable conditions within the license or encroachment agreement, as applicable, including but not limited to, a bond to guarantee the repair of costs of damage to adjacent property that may occur due to the location of the encroachment in the easement or right-of-way. The city manager is authorized to execute any license and encroachment agreement for encroachments permitted by the city engineer under this division.
(Ordinance 24-21 adopted 4/16/2024)
An applicant aggrieved by the city engineer's decision regarding an application submitted under this division may appeal the decision to the city council by submitting a written request for appeal within ten (10) days after the date of the city engineer's decision. The appeal shall be placed on the agenda for the next available city council meeting for which agenda-posting deadlines can be met.
(Ordinance 24-21 adopted 4/16/2024)
The city will not be responsible for any damage to the applicants' improvements in the easement or right-of-way, and the applicant must remove the improvements upon city request, at the applicant's sole cost and expense.
(Ordinance 24-21 adopted 4/16/2024)
A person who violates or fails to comply with any requirement or provision of this division, or who places an encroachment or structure in an easement or right-of-way without first obtaining approval and entering into an agreement required by this division or another applicable city ordinance shall be deemed guilty of an offense and may be assessed a fine not to exceed $2,000.00. Such penalty shall be in addition to all other remedies provided in this Code of Ordinances. Each day a violation exists constitutes a separate offense.
(Ordinance 24-21 adopted 4/16/2024)