(A) Encroachments identified. No person shall erect or maintain any building, structure, stand, cart, fence, barrier, post, hedge or other obstruction or encroachment under or upon any street, alley, sidewalk or other public property without first obtaining a permit from the Department of Public Works under this section.
(B) Procedure. An applicant for a right-of-way permit shall:
(1) File a written application on forms furnished by the Department of Public Works that include the following: the date, the name of the applicant, the location of the proposed encroachment or obstruction, the type of encroachment or obstruction, and such other information as the Department of Public Works may deem necessary;
(2) File a site plan showing the location of the encroachment and how it relates to the public right-of-way and, where relevant, a survey may be required;
(3) File evidence of adequate public liability insurance naming the town as an additional insured. Minor landscaping encroachments, such as landscaping between the property line and the edge of asphalt on the right-of-way may be excluded from this requirement; and
(4) Pay such fee as currently adopted by the Town Council and set forth on the schedule of fees maintained in the Public Works Department and stated on the right-of-way permit.
(C) Criteria for granting. Before issuing a right- of-way permit under this section, the Department of Public Works shall consult with relevant town departments which may include the Fire, Police, Community Development Departments and all public utilities to determine whether the permit meets all the requirements of this code and other ordinances of the town. The Department of Public Works shall issue each permit upon a finding that in view of the location or area proposed to be used and the type of encroachment or obstruction proposed to be carried on, the proposed encroachment or obstruction does not constitute a traffic hazard or destroy or impair the use of the right-of-way or land by the public or serves a purpose that cannot otherwise be accomplished and is a temporary obstruction of the right-of-way.
(D) Permit termination procedure. For any encroachment, obstruction or other structure which is:
(1) Recommended by the town streetscape plan;
(2) The Town of Vail Village Master Plan; or
(3) The Lionshead urban design guide plan, or other plans which are a part of the town’s comprehensive plan, the following process shall be utilized for the termination of any revocable right-of- way permit for such improvement.
(a) Prior to installation, the improvement shall be presented to the Town Council at a work session or regular Town Council meeting. The Town Council shall establish an amortization schedule providing for specific payments to the permittee upon the termination by the town of the permit. In determining the maximum length of time for the amortization schedule, the Town Council shall use the public interest as a guideline. However, in no event shall the amortization schedule extend for a period greater than eight years. The amortization schedule shall be based on the hard costs of the improvement. The permittee may make application to include the design and/or labor costs in the amortization schedule. The costs and maintenance agreement shall be set after a review of the Town Council.
(b) Should the town terminate any revocable right-of-way permit for any improvement set forth in this subsection (D), the town shall pay the permittee the funds provided therefor in the amortization schedule for the year in which the improvement is terminated.
(c) In the event the improvement is destroyed or eliminated for any reason or any cause other than the town’s revocation of the permit, the town shall not be liable for any damages or payment to the permittee. Additionally, the permittee agrees that the improvement will be returned to the condition that was in existence pursuant to the permit prior to its destruction or elimination at the expense of the permittee.
(Ord. 6(1993) § I; Ord. 5(2001) § 8)