All persons requesting permission to encroach upon district property shall be subject to the following requirements and conditions:
A. Requirements: Parties must apply for permission to access district property by submitting to the district, in writing and at least ten (10) days prior to the intended use, a request with the following information:
1. Reason for the encroachment.
2. Dates and times of intended usage.
3. Types of vehicles or other equipment (if any) that will be accessing district property.
B. Application Review: The general manager will review each application for an encroachment permit and determine whether or not to grant an encroachment permit on any district property. The general manager may consider the following factors in determining to grant or deny the permit:
1. No encroachment permits shall be granted that will have an adverse impact on the purpose of any easement or right of way;
2. Encroachment would reduce a hardship upon the property owner;
3. Encroachment would enhance a property owner's beneficial use and enjoyment of property;
4. Encroachment will not violate the Bear Valley Springs Association covenants and restrictions or the ECC rules;
5. Encroachment will not cause any temporary or permanent damage to the property.
C. Common Areas: No encroachments shall be permitted on any of the common areas.
D. Fees: If the permit is granted, the permittee will be responsible for any fees and deposits required by the board of directors. All fees and deposits shall be paid prior to the permit being issued.
E. Conditions: The board of directors may impose conditions on the permit as the board of directors may deem necessary.
F. Permit Revocation: The district reserves the right to cancel or revoke any permit for encroachment on district property. (Ord. 09-230, 1-8-2009)