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Home My WebLink AboutTC Ord 1996-07-17 ORDINANCE NO. 425 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING CHAPTER 19 AND ADDING A NEW CHAPTER 19 OF THE TIBURON MUNICIPAL CODE WITH RESPECT TO ENCROACHMENTS Section 1. Findinl!s. WHEREAS, the Town Council has determined that the Town's existing provisions with respect to encroachments into Town streets, right-of-ways, and other lands are outdated and in need of revision; and WHEREAS, the Town Council has held public hearings on July 3, 1996, and July 17, 1996 and has received and considered any public testimony on this matter; and WHEREAS, all notices and procedures required by law attendant to the adoption of this Ordinance have been followed; and WHEREAS, the Town Council has found that the proposed Town Code revision is consistent with the goals and policies of the Tiburon General Plan and other ordinances and regulations; and WHEREAS, the Town Council has found that the project is categorically exempt from the requirements ofCEQA per Section 15308 of the CEQA Guidelines. Section 2. Chapter 19 ofthe Tiburon Municipal Code Reoealed. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Tiburon that Chapter 19 (Streets and Sidewalks) ofthe Tiburon Municipal Code is hereby repealed. Section 3. Chaoter 19 ofthe Tiburon Municipal Code Added. BE IT FURTHER ORDAINED that a new Chapter 19 entitled "Encroachments" is hereby added to the Tiburon Municipal Code as follows: Town of Tiburon Ordlnanca No. 425 N.S. Adoptad 7/17/96 Effacttve 8/16/96 1 Chapter 19 ENCROACHMENTS Sections: 19-1 Definitions. 19-2 Encroachment Permit Required. 19-3 Application and Fees. 19-4 Action on Application. 19-5 Revocation of Permit; Relocation or Removal of Encroachment. 19-6 Responsibility for Repairs and Maintenance. 19-7 Surety and Maintenance Bond; Exceptions. 19-8 Bodily Injury and Property Damage Liability Insurance. 19-9 Public Utility Permits--Special Provisions. 19-10 Emergency Excavations. 19-11 Penalty for Violation. Section J 9- J. Definitions. "Encroachment Permit" means a permit issued by the Town to approve work within, upon, or beneath Town streets, street right-of-ways, or on Town-owned land. "Town Council" means the Town Council of the Town of Tiburon. "Town Engineer" means the Town Engineer of the Town of Tiburon or his designee. "Town-owned land" means land in which the Town holds a real property interest, but which is not a Town street or street right-of-way. "Work" is construed to include (but not be limited to) the erection of any structure; placement of any improvement; filling; excavation; installation or removal of utility lines or pipes; installation or construction of curb cuts, curbs, or gutters; installation or construction of sidewalks or driveways; installation of roadway approaches; or removal or planting of trees or shrubs. The term "work" shall also include the business or trade of selling, vending, hawking, or peddling any merchandise, article, or item whatsoever. Section 19-2. Encroachment Permits Required An encroachment permit for work within, upon or beneath the Town streets, street right-of-ways, or Town-owned land shall be required and issued in accordance Town of Tiburon Ordinance No. 425 N.S. Adopted 7/17/96 Effective 8/16/!l6 2 with Division 2, Chapter 5.5 (Sections 1450 et seq.) of the California Streets and Highways Code and the provisions of this chapter. Section 19-3. Application & Fees. (a) All applications for encroachment permit shall be on forms supplied by the Town and shall be accompanied by a drawing and/or plan clearly describing the proposed work, as well as any other materials specified on the Town's application forms. (b) Except for exemptions specified herein, all applications shall be accompanied by a non-refundable application fee as established in the Town's current fee schedule. The application fee may be waived by the Town Manager if the applicant is a volunteer group performing a service beneficial to the community, or if the applicant is repairing a sidewalk fronting his property or trimming landscaping. (c) An inspection fee shall also be established and levied as deemed necessary. Prior to the issuance of an encroachment permit, the applicant shall deposit an inspection fee determined by the Town Engineer as adequate to recover the costs of inspection. Inspection fees are hereby waived when the applicant is either a local governmental entity such as a special district or school district, or is a utility company regulated by the California Public Utility Commission. However, the contractor performing the work for the utility company or government entity shall be required to secure an encroachment permit and pay all fees pursuant to this chapter. (d) If any work requiring an encroachment permit is begun without a permit, the application fee shall be doubled to compensate for the extra staff time involved in inspecting completed or partially completed work. Section 19-4. Action on application; Appeal. (a) The following encroachment permit applications shall be reviewed and acted upon by the Town Council: (1) Encroachment permit applications entailing the construction of buildings, car decks, carports, garages, or other permanent structures of a substantial nature. (2) Encroachment permit applications that would have a substantial adverse effect on vehicular or pedestrian circulation, or on public health and safety. The Town Council may approve, approve with conditions, or disapprove the application. If approved, such applications shall require a recorded encroachment permit. In no event shall construction of enclosed living space be allowed to encroach within public right-of- way. Town of Tiburon Ordinsncs No. 425 N.S. Adopted 7/17/96 Effec6va 8/16/96 3 (b) All other applications may be acted upon by the Town Engineer, who may approve, approve with conditions, or disapprove the application. In his reasonable discretion, the Town Engineer may refer any application to the Town Council for action, or may require recordation of any encroachment permit. (c) The decision of the Town Engineer may be appealed to the Town Council pursuant to provisions of Chapter 16, Section 3.08 of the Tiburon Town Code. Section 19-5. Revocation of Permit; Relocation or Removal of Encroachment. (a) The Town Engineer may revoke any encroachment permit for reasonable cause, including but not limited to the failure to abide by conditions of approval. The decision of the Town Engineer to revoke a permit may be appealed to the Town Council pursuant to provisions of Chapter 16, Section 3.08 of the Tiburon Town Code. (b) Each encroachment permit shall contain a statement that it is revocable by the Town. (c) An encroachment permit shall contain a condition that in the event of the future improvement of the street, street right-of-way, or Town-owned land, which in the discretion of the Town Engineer requires the relocation or removal of the encroachment, or in the event that the Town Engineer determines it is reasonably necessary for the public health, safety, or general welfare, the permittee will relocate or remove the encroachment at his sole expense. In that event, the Town Engineer shall serve on the permittee his written demand specifYing the relocation or removal of the encroachment and specifYing a reasonable time within which the relocation or removal must be commenced. The permittee must thereafter diligently prosecute the relocation or removal to completion. Section 19-6. Responsibility for Repairs and Maintenance. The permittee or his assigns in interest shall be responsible for maintenance and repair of any work for which a permit was issued. Should at any time any work performed under the encroachment permit become defective through lack of proper maintenance, such defect shall be considered as sufficient reason for revocation of the permit as provided in Section 19-5. Section 19-7. Surety and Maintenance Bond; Exceptions. (a) Except as stated in paragraph (b) below, before granting a permit under the provisions of this chapter, the Town Engineer may require the applicant to file with the Town a satisfactory surety and one year maintenance bond, or other form of monetary security acceptable to the Town Engineer, in such amounts as the Town Town of Tiburon Orclinance No. 425 N.S. Adopted 7/17/96 Effective 8/16/96 4 Engineer deems sufficient to guarantee completion and maintenance of the improvements. (b) A bond or monetary security shall not be required of any county, public corporation or political subdivision which is authorized by law to establish or maintain facilities in, under or over any Town street, nor shall the application of any such governmental unit for a permit be denied. Every such applicant is entitled as a matter of right to a permit, but is otherwise subject to the provisions of this chapter and to all reasonable conditions of the permit. The Town Engineer may require of any such applicant a bond in a sum not to exceed twenty thousand dollars ($20,000.00) if such applicant has in fact prior to such application failed to comply with the provisions of this chapter or with the provisions of a previous permit. Section 19-8. Bodily Injury and Property Damage Liability Insurance. (a) Before granting a permit under the provisions of this chapter, the approving body may require the applicant to file with the Town a certificate of insurance for bodily injury and property damage liability naming the Town as additional insured. The minimum limits of such insurance shall be fixed by the Town Engineer in such amounts as he deems sufficient, and in fixing the limits he shall use as his basis the cost and hazards involved in the work sought to be performed under the permit. (b) In cases involving excavation, grading, or trenching, the applicant shall be wholly responsible for locating any underground utilities. Section 19-9. Public Utility Permits - Special Provisions. (a) Any county, public utility district, or municipal water district is entitled to a blanket permit, renewable annually, for the installation of its service connection and for ordinary maintenance of its facilities located or installed in Town streets; but the Town Engineer may revoke any such blanket permit if the permittee fails to comply with the provisions ofthis chapter. However, any contractor performing work for the county, utility company, or municipal water district on any specific project shall be required to secure an encroachment permit from the Town. (b) Public utility districts and municipal water districts shall file with the Town a faithful performance bond annually, covering all permits required under this chapter, in such amounts as the Town Engineer deems sufficient, conditioned upon the proper compliance with the provisions of this chapter. Section 19-10. Emergency excavations. A permittee may excavate openings in Town streets or street right-of-ways to make Town of Tiburon Ordinance No. 425 N.S. Adopted 7/17/96 Effective 8/16/96 5 repairs in the case of an emergency requiring immediate action. In such cases, any affected utility companies and the Town Engineer shall be promptly notified of any such action and such permittee, at his own expense, shall immediately replace such street or street right-of-way in as good condition as before such excavation. Section 19-11. Penalty for violations. Any person, firm or corporation, or agent or employee thereof, who does any of the acts specified in this chapter without the authority of such a permit is guilty of a misdemeanor and upon conviction thereof shall be subject to penalties pursuant to Section 36901 of the Government Code, as amended. Such person, firm or corporation is guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by such person, firm or corporation and is punishable as herein provided. Section 4. Severabilitv. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council hereby declares that it would have passed this and each section, subsection, phrase or clause thereof irrespective of the fact that anyone or more sections, subsections, phrase or clauses be declared unconstitutional on their face or as applied. Section 5. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of passage, and before the expiration of fifteen (15) days after its passage the same, or its legally required equivalent, shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation published in the Town of Tiburon. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon held on July 3, 1996, and was adopted at a regular meeting of the Town Council III III III III III III Town of Tiburon Ordinance No. 425 N.S. Adopted 7/17/96 Effective 8/16/96 6 I of the Town of Tiburon held on July 17, 1996, by the following vote: AYES: COUNClLMEMBERS: Ginalski, Hennessy, Thayer, Thompson, Wolf NOES: COUNClLMEMBERS: None ABSENT: COUNClLMEMBERS: None ~ </7 t~/t- Nic YWOLF, MAYO TOWN OF TffiURON /) ATIESt!1 {L I L DIANE L. CRANE, TOWN CLERK .1 Town of Tiburon Ordinance No. 425 N.S. Adopted 7/17/96 Effective 8/16/96 7