Subd. 1. Purpose. The public welfare requires that the public rights-of-way within the city, including highways, roads, streets and alleys, be reserved for public purposes. Public use of the full width of the rights-of-way is necessary to public safety and the proper and efficient maintenance of the rights-of-way. However, it is recognized that limited private use or encroachment onto the rights-of-way is not necessarily inconsistent with public use. It is the purpose of this section to provide for lawful incidental private use of publicly-owned rights-of-way not inconsistent with public use.
Subd. 2. Permit to encroach.
a. Permit required. The right to use publicly-owned rights-of-way within the city for any private use or purpose other than the primary purpose of public travel, whether the use constitutes a substantial or incidental use, may be acquired only through permit granted pursuant to this section.
b. Application for permit. Any person may apply to the City Council for a permit to keep or maintain private property within a publicly-owned right-of-way. The application shall be in writing and must describe with specificity the private property and right-of-way involved and the nature and extent of the requested encroachment.
c. Issuance of permit; conditions. The City Council may grant the permit if it is determined that the use applied for is incidental and not inconsistent with safe and efficient public use. However, no permit will be issued until the applicant has agreed in writing to waive any right to recover from the city for damage occurring to the property located within the right-of-way which may result from the performance of the city or its agents of its public duties as required by law.
d. Special permit for underground sprinkler systems. The City Engineer may approve an application for a special permit for the installation of an underground sprinkler system within the public right-of-way, providing the installation is not inconsistent with the public use of the right-of-way. In the application, in addition to the information required by subsection b. above, the applicant shall provide a legal description of the private property served by the sprinkler system and agree in writing to waive all rights to recover from the city for damage occurring to the sprinkler system as a result of the city's performance of its public duties within the right-of-way. The applicant shall further provide a survey or plat drawing showing the location of the sprinkling system within the right-of-way and pay the special permit fee as may be prescribed by ordinance passed by the City Council from time to time. The special permit shall become effective upon its being duly recorded at the offices of the County Recorder or Registrar of Titles and the applicant's providing to the city satisfactory proof thereof.
e. Revocation of permit. The city reserves the right to revoke any permit granted under this section as may be required by the public interest.
Subd. 3. Unlawful encroachments. Any privately-owned property located within or encroaching upon public-owned rights-of-way, which has not been authorized in accordance with this section, shall be unlawful and be subject to removal by the city at the owner’s expense.
Subd. 4. Exemption from provisions. The following uses of public rights-of-way shall be exempt from the permit requirements of this section providing the following conditions are met:
a. Mailbox.
(1) The mailbox shall be on a single post located on the side of the right-of-way contiguous with the mailbox owner's property or is positioned or clustered according to specific directions of the United States Postal Service;
(2) Mailboxes servicing a planned unit development (PUD) are positioned or clustered with the platted portion of the PUD or on the side of the right-of-way contiguous with the PUD; and
(3) The location of the mail box or mailboxes does not interfere with the city's maintenance of the right-of-way.
b. Landscaping.
(1) All landscaping must be vegetative and remain under three feet in height.
(Ord. 552, passed - -2018)