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Encroachment Policy

AS AMENDED AUGUST 7, 2006 

INTRODUCTION

This policy establishes the City of Webster City’s position with regard to proposed encroachments and private use of public right-of-way within the corporate limits of Webster City, Iowa.  In the context of this policy “public right-of-way” refers to all public sidewalks, street right-of-way, alley right-of-way, and open space owned or managed by the City of Webster City.

1.0 GOALS AND OBJECTIVES

To ensure the public continues to have aesthetically pleasing views as well as safe areas to walk and drive.

  • To protect and preserve the sidewalks, streets and open space.
  • To increase community awareness regarding encroachments and open space use.
  • To promote a consistent policy of reducing and minimizing encroachments on public right-of-way.
  • To establish a uniform application process and solution for all encroachment on the public right-of-way.
2.0 DEFINITIONS

For use in this policy, the following terms are defined:

  1. Encroachment – To intrude or infringe upon the property of another. An individual or business setting anything in the public right-of-way, whether it be temporary or fixed in nature.
  2. Temporary Encroachment – Any item that is not permanent or fixed in nature and can be moved from one location to another.
  3. Permanent Encroachment – Any item permanently attached to the ground or because of size and weight cannot be relocated without special equipment or large expense. The encroaching item is considered permanent if it is not the intent of the applicant to move item after it is in place.
  4. Public Right-of-Way – Land owned and controlled by a government usually over which facilities such as roads, highways, railroads or power lines are built. An example would be, in most cases, the area between the street and the furthest edge of the sidewalk.
3.0 APPLICATION PROCEDURE AND FEES
  1. Temporary Public Right-of-Way Encroachment Permit

a. An application can be obtained in the Inspection Department.
b. $40.00 one (1) to three (3) day permit fee *
c. $70.00 one (1) week permit fee *
d. $325.00 six (6) month permit fee *
e. The application shall be accompanied by a site plan which accurately shows the location, height, nature and extent of all proposed objects or improvements within the encroachment area. The site plan should also include all existing fixed features such as trees, sign posts, fire hydrants, etc. within twenty (20’) feet of the encroachment area.

  1. Permanent Public Right-of-Way Encroachment Permit

a. An application can be obtained in the Inspection Department.
b. $70.00 permit fee (special exceptions noted below) *
c. No renewal fee will be required.
d. The application shall be accompanied by a site plan which accurately shows the location, height, nature and extent of all proposed objects or improvements within the encroachment area. The site plan should also include all existing fixed features such as trees, sign posts, fire hydrants, etc. within twenty (20’) feet of the encroachment area.

4.0 GENERAL PROVISIONS
  1. Permit Required
    A permit will be required for any type of encroachment in the public right-of-way, specifically the placement of objects.  All permit holders must stay in compliance with this policy and all applicable Federal, State and Municipal Codes.

a. Permits will be required for the following but the fee will be exempt if Federal, State and City standards are met:

1. Trees (list of acceptable species of trees attached)
2. Low growing flower beds
3. Flowers in planters up to 12” in diameter
4. Mailboxes with a base no larger than 10” x 10” located a minimum of 8”- 10” behind the curb.

b. Failure to obtain a permit may result in a permit fee for the above-mentioned exceptions (a).

2. Conditions
The City of Webster City City Manager, Inspection Department, or Council shall have the authority to apply any other conditions not found in this policy to the approval of a permit seen as needed to ensure compliance with the intent of this policy.

  1. Indemnification.
    The permit holder shall defend, indemnify and hold the City and its employees harmless from and against any loss or damage arising from the use or existence of the encroachment or improvement authorized under this permit.
  2. Insurance.
    The permit holder shall be required to maintain liability insurance to cover damage caused by the encroachment on the public right-of-way. The Certificate of Insurance shall also contain provisions that prohibit cancellations, modifications, or lapse without thirty (30) days written notice to the City.
  1. Repairs.
    In the event the City is required to exercise any of its rights in the public right-of-way, including, but not limited to, snow removal, repair, construction, or maintenance of its utilities, the encroachment permit holder shall be responsible for the expense of repairing any damage to the right-of-way area covered under the permit caused by the City or their contractors.  In addition, the encroachment permit holder shall reimburse the City for any extra costs incurred due to the obstructions located in the right-of-way during the course of construction, repair or maintenance of utilities.
  2. Restoration.
    Should the property owner holding a permit for encroachment decide to discontinue the use as set out in the permit, the City right-of-way must be returned to its original state (at a minimum, grass seed).
  3. Appeals.
    Appeals can be filed with the City Manager.  If necessary, final disposition of any appeal shall go before the City Council.
5.0 PRE-EXISTING CONDITIONS
  1. All pre-existing permanent encroachments shall be, upon adoption of this policy, allowed subject to any previous agreement and conditions made between the City of Webster City and the responsible party.
  2. All pre-existing temporary encroachments shall be, upon adoption of this policy, allowed subject to any previous agreement and conditions made between the City of Webster City and the responsible party.
6.0 VIOLATION/REMEDY
  1. In the event that a permit holder fails to abide by the provisions of this policy or the terms and conditions of the permit, the Inspection Department may revoke or abate any permit upon proper notice.
  2. The permit holder or property owner shall pay all costs incurred by the City in abating any encroachment or improvement.
7.0 TERMINATION
  • Either the City or the permit holder may terminate permit by giving to the other party thirty (30) days written notice.
  • *Fees will be amended annually via Resolution by the City Council.



    ACCEPTABLE TREE LIST

    ACCEPTABLE TREE LIST

    SHADE TREES Common Name Scientific Name Cultivars / Selections
    Freeman Maple  Acer x freemanii  Autumn Blaze®, Autumn Fantasy®, Celebration®, Marmo
    Norway Maple  Acer platanoides  Cleveland, Emerald Lustre®, Emerald Queen™
    Red Maple  Acer rubrum Burgundy Belle®, Red Sunset®, Ruby Frost™
    Sugar Maple Acer saccharum Bonfire, Commemoration, Fall Fiesta™, Legacy, Green Mountain
    Black Maple Acer nigrum
    Hackberry Celtis occidentalis  Chicagoland, Prairie Pride, Windy City
    River Birch  Betula nigra Heritage
    White Ash Fraxinus americana Autumn Applause, Aut.Purple, Chicago Regal, Empire, Windy City™
    Green Ash Fraxinus pennsylvanica Bergeson, Centerpoint, Dakota Centennial®, Patmore, Prairie Spire®
    London Planetree Platanus X acerfolia Bloodgood
    Ginkgo Ginkgo biloba Autumn Gold, Princeton Sentry®, Emperor™, only male !
    Thornless Common Honeylocust Gleditisia triacanthos var. inermis Shademaster®, Skyline®
    Kentucky Coffeetree Gymnocladus dioicus
    American Hophornbeam Ostrya virginiana
    Callery Pear Pyrus calleryana Aristocrat®, Autumn Blaze, Chanticleer®, Cleveland Select, Redspire
    Swamp White Oak Quercus bicolor
    Clemons’ Oak Quercus x ‘Clemons’ (robur x macrocarpa ) : Heritage®
    Long’ Oak Quercus x ‘Long’ (robur ‘Fastigiata’ x bicolor ) : Regal Prince®
    Bur Oak Quercus macrocarpa
    Red Oak Quercus rubra
    White Oak Quercus alba
    Chinkapin Oak Quercus muehlenbergii
    Littleleaf Linden Tilia cordata Chancellor®, Corinthian®, Fairview, Glenleven, Greenspire®, June Bride, Norlin™, Prestige®, Shamrock™
    American Linden Tilia americana Boulevard, Front Yard™, Legend™, Redmond
    Elm Ulmus spp. Regal, Accolade™, Cathedral, Discovery, Frontier, New Harmony, New Horizon, Patriot, Pioneer, Prospector, Triumph™
    LOW-GROWING TREES Amur Maple Acer tataricum subsp. ginnala Bailey Compact, Embers, Flame
    Tatarian Maple Acer tataricum Summer Splendor™
    Shantung Maple / Purpleblow Maple Acer truncatum
    Serviceberry / Juneberry Amelanchier sp. Autumn Brilliance®, Cole’s Select, Cumulus, Princess Diana, Strata
    American Hornbeam Carpinus caroliniana
    Pagoda Dogwood Cornus alternifolia
    Thornless Cockspur Hawthorn Crataegus crusgalli var. inermis
    Washington Hawthorn Crataegus phaenopyrum
    Winter King Hawthorn Crataegus viridis Winter King
    Amur maackia Maackia amurensis
    Flowering Crabapple Malus spp. Adams, Adirondack, Camelot, Centurion®, David, Donald Wyman, Doubloons, Golden Raindrops®, Harvest Gold®, Indian Magic, Lancelot, Louisa, Prairifire, Profusion, Purple Prince, Red Jewel®, Sentinel, Sinai Fire, Snowdrift, Sugar Tyme®
    Amur Chokecherry Prunus maackii
    Eastern Redbud Cercis canadensis
    Japanese Tree Lilac Syringa reticulata Ivory Silk, Summer Snow
    Blackhaw Viburnum Viburnum prunifolium