(A) The provisions of this chapter will apply to all encroachments of any kind into the right-of-way, except the following:
(1) Temporary location of refuse for removal from the abutting property;
(2) Temporary location of equipment or furnishings such as barricades, tents, tables, and chairs, pursuant to the outdoor festival policy, provided that no cutting of or breaking into the surface of the right-of-way is involved; and
(3) Any other encroachments approved by the City Council, where application of this chapter is specifically waived.
(B) In addition to complying with the requirements of this chapter, an applicant must also obtain City Council approval for any proposed encroachment into the right-of-way, except the following:
(1) Installation, maintenance, repair, replacement, or removal of equipment pursuant to the terms and conditions of a utility franchise with the city;
(2) Installation, maintenance, repair, replacement, or removal of non-masonry mailboxes, or driveway surfacing within the right-of-way abutting single family, duplex, or triplex dwelling units; and
(3) Installation, maintenance, repair, replacement, or removal of other at- or below-grade encroachments unassociated with a change of use of the abutting property, where the provisions of this chapter are adequate to protect the public interest.
(C) Culverts on official city rights-of-way (does not include any state of federal rights-of-way).
(1) Residential. Culverts and associated apparatus for residential properties must conform to the size and specifications of the city and furnished to the city. They will be a minimum of 20 and a maximum of 40 feet in width. City forces will install culverts and associated apparatus for residential properties.
(2) Commercial. Culverts for commercial properties must conform to the size and specifications of the city.
(D) Landscaping. Any landscaping, other than grass, on public right-of-way is installed at the risk of the property owner. The city shall not be responsible for any damages, repairs, or replacements.
(E) The City Manager shall be responsible for administration of this chapter and may delegate any or all authority to administer and enforce this chapter to the Public Works Department or other designee.
(Ord. 1537, passed 4-20-2017)