Ord #296 Streets, sidewalks and other public places amendment

Home Browse Search

18.9. Encroachment in Public Easements. Placement of any structure in public rights-of-way or on City property must comply with Section 78 of the Zoning Ordinance. Placement of structures that have a foundation is prohibited in a public easement,unless the structure is exempted under Section 78 of the Zoning Ordinance. The erection or placement of a structure without a foundation in a public easement requires an encroachment agreement application together with Council approval. The application shall include a written request for the encroachment(s), a description of the proposed structure or obstruction, a plan, drawing, or sketch that shows the proposed structure of obstruction, as well as the location of the easement(s) affected, and payment of an application fee as specified in Fee Schedule of the City Code. Applications shall be submitted to the City Engineer. Upon receipt of a completed application, the City Engineer will review the application and will consider factors such as the type and use of the existing easement(s), as well as the type and use of the proposed structure or obstruction, when making a decision to recommend approval or denial of the requested encroachment. If an approval recommendation is made, the applicant will be required to sign an Encroachment Agreement, prepared by the City, before the City Engineer's recommendation is forwarded to the Council for consideration. If the Encroachment Agreement is approved by the Council, the Encroachment Agreement will be executed and recorded against the subject property of record. 18.10 Public Right of Way Vacation. A. Reservation of Right. If the City vacates a public right-of-way which contains the equipment or facilities of a public right-of-way user and the vacation does not require the relocation of the equipment or facilities, the City shall reserve, to and for itself and the public right-of-way user, the right to install, maintain and operate any equipment and facilities in the vacated public right-of-way and to enter upon such public right-of-way at any time for the purpose of reconstruction, inspecting, maintaining or repairing the same, in accordance with Minnesota Rule 7819.3200. B. Relocation offacilities. If the vacation requires the relocation of the public right-of-way user's equipment or facility, and the vacation proceedings are initiated by the public right-of- way user or the City for a public project,the public right-of-way user shall pay the relocation costs. If the vacation proceedings are initiated by a person or persons other than the public right-of-way user or the City, the initiating person or persons shall pay the relocation costs. C. Administration—Vacation of Right-of-Way and Easements. The City Council may vacate the easement by resolution on its own motion or on petition of a majority of the owners of land abutting on the street, alley,public grounds,public way, easement, or part thereof to be vacated. 1. Procedure. A request for vacation of a right-of-way or easement shall be filed in writing with the City. In the case of a request for vacation of a right-of-way or easement, the written request shall be signed by a majority of the landowners directly abutting such right-of-way or easement.