TITLE 7
PUBLIC WAYS AND PROPERTY

CHAPTER 1
ENCROACHMENTS WITHIN PUBLIC RIGHTS-OF-WAY AND PLACES

SECTION:

7-1-1: Authority And Purpose

7-1-2: Applicability

7-1-3: Permit Required

7-1-4: Standards

7-1-5: Procedures

7-1-6: Violation And Penalty

7-1-1: AUTHORITY AND PURPOSE:

This chapter is adopted pursuant to authority granted to the City of Dover at Idaho Code title 50, chapter 3. The purpose of this chapter is to ensure all work performed within the public right- of-way or other public places owned by or under the control of the City of Dover is designed, constructed, used, and maintained to meet minimum standards to protect the public health, safety, and general welfare. (Ord. 149, 3-9-2017)

7-1-2: APPLICABILITY:

   A.   The standards contained within this chapter shall be applicable to all work, use, encroachment, repair, alteration, or other such activities on or over City-owned or City-controlled public places. Applicable activities shall include construction or repair of driveways and approaches and placement of utilities within City rights-of-way or other public places owned or under the control of the City.

   B.   The provisions of this chapter shall not apply to the following:

      1.   The City of Dover;

      2.   City of Dover contractors, authorized to perform work within the public rights-of-way or public places;

      3.   State or Federal agencies specifically authorized to perform work pursuant to the laws of the State of Idaho. (Ord. 149, 3-9-2017)

7-1-3: PERMIT REQUIRED:

   A.   General:

      1.   An encroachment permit shall be obtained from the City of Dover, prior to the start of construction, excavation, placement, or repair of utilities or encroachments within public rights-of- way or City-owned or City-controlled public places.

      2.   An encroachment permit application shall be filed with the City Clerk, and shall be accompanied by the applicable fee as established by resolution of the City Council.

      3.   All work shall proceed in compliance with the standards set forth in this chapter and the terms of the approved permit.

   B.   Application: Encroachment applications shall contain the following:

      1.   An application completed on a form provided by the City.

      2.   Design drawings showing:

         a.   Existing and proposed structures;

         b.   Proposed and existing driveways and road surfaces, including shoulders, ditches, edges of right-of-way, culverts and drainages, road intersections and other road improvements;

         c.   Underground and overhead utilities;

         d.   Private and public easements;

         e.   Proposed traffic control devices.

      3.   A narrative containing:

         a.   A proposed construction schedule, including any proposed road closures;

         b.   Traffic control plans;

         c.   Proposed stormwater/erosion control plan indicating Best Management Practices to be employed. (Ord. 149, 3-9-2017)