HomeMy WebLinkAboutResolution No. 396-04 • 777
RESOLUTION
WHEREAS, there is a need for a policy and procedure to regulate encroachment
onto City lands that are managed by the Public Works Department.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the City of Rochester hereby adopts the attached Rochester Public Works
Department Encroachment Policy, the associated encroachment notification and permit
application procedure, and fee.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS /&7,-q DAY OF r , 2004.
P�IkESIDENT OF ,-;Ain COMMON COUNCIL
ATTEST:
• V CITY CLERK
APPROVED THIS _/ / DAY OF Al"T ; 2004.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Res2G00�Adopt.LandEncroachPolicy
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ENCROACHMENT POLICY
FOR PUBLIC PROPERTY
MANAGED BY THE ROCHESTER PUBLIC WORKS DEPARTMENT
PURPOSE
The purpose of this document is to describe the policy and accompanying procedures needed to regulate
encroachment onto City lands that are managed by the Rochester Public Works Department(RPW). This
policy excludes parklands and lands under the stewardship of Rochester Public Utilities.
HISTORY
Encroachment by private parties has occurred on public lands including, but not limited to,wet and dry
storm water management basins, drainage ways, ditches, drainage easements,road or pedestrian rights—
of—way,public utility easements, or other City-owned property. Encroachment activities generally fall
into four categories:
1. Structures(e.g.,fences, sheds,retaining walls,dog kennels,signs,etc.)
2. Landscaping(e.g.,flower and vegetable gardens,tree planting,grade alterations,etc.)
3. Storage(e.g., firewood stacks,recreational equipment,yard furniture, etc.)
4. Disposal(e.g.,dumping of grass clippings, leaves,and brush)
Several problems are associated with these seemingly harmless activities.
■ They inhibit access for facility maintenance
■ Alternative landscaping or construction creates an unrealistic expectation of the City's restoration
obligation if damaged during maintenance.
■ Under storm event conditions, encroachments can obstruct the intended flow of storm water and
cause localized flooding and flood damage.
■ The use of the City property by private parties may restrict the intended use of the property on
behalf of the general public.
■ Use of public property provides specific benefits to individuals that are generally not available to
other citizens.
■ Unauthorized use of public property creates an unwarranted liability burden upon the City.
POLICY ISSUES
Encroachment shall be defined as the unauthorized use of property owned/or held in trust by the City and
managed by RPW. When determining whether to award an RPW Encroachment Permit or take
enforcement action on an encroachment,the following policy questions need to be considered:
• 1. Does the City own the land in question or hold a documented or prescribed easement?
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2. Are the property lines or easement limits identifiable or can an approximate delineation be made
such that they can be shown to the person encroaching on the public land or easement?
3. Does the encroachment impede or have the potential to impede storm water management
functions or activities or create a nuisance for the public and, as such, create a liability for the
City of Rochester?
4. Is there a violation of any City ordinance created by the encroachment?
5. Does the encroachment create a benefit exclusive to the adjacent property owner or to individuals
encroaching on the property?
6. Has a previous permit been issued on the property to authorize an encroachment(s)? Is the permit
valid and in compliance?
POLICY ADMINISTRATION
I. The Director of Public Works or his designee shall act as the administrator of this encroachment
policy.
2. Encroachment on public lands managed by RPW, regardless of the source of the report or
observation, shall be reviewed and evaluated by RPW.
3. Persons responsible for the encroachment shall be notified of the encroachment and be required to
(a)remove the encroachment from public lands or public easements at their sole cost within 14
calendar days or(b) submit an RPW Encroachment Permit application within 7 days of
notification of encroachment, seeking permission to encroach onto public lands. If the persons
responsible for the encroachment do not submit a Permit application or remove the encroachment
within the specified time frame,the City will have the material removed and all associated costs
(hourly wages, benefits,equipment, fuel, supplies, disposal, etc.)will be charged to the
. responsible party.
4. The Permit applicant shall be notified of the results of the application review, as well as any
restrictions or special instructions that may be placed on the Encroachment Permit request. In the.
event the Permit application is denied,the responsible party must remove any existing
encroachments within 14 calendar days at their sole cost.
5. RPW will keep files of all approved and all denied Permit applications.
6. The locations covered by RPW Encroachment Permits will be reviewed and inspected
periodically by RPW staff to insure compliance with the terms and conditions of the permit.
7. The Permit may be revoked by RPW at any time.
ENCROACHMENTS MOST LIKELY TO BE APPROVED AND PERMITTED
The following activities are the types of encroachments most likely to be approved and permitted,
depending on site-specific conditions:
I. Planting of trees, shrubbery, flower and vegetable gardens, or minor grading(<50 cubic yards)
may be possible under certain conditions,pending approval of a planting plan submitted in
conjunction with the RPW Encroachment Permit application. In areas used for storm water
management, alternative landscaping is discouraged below the high water level elevation and is
not permitted within 100 feet of the normal water level elevation of any water body(e.g.,pond,
creek, or river). No trees or shrubs are allowed in areas.that will require maintenance access in
the future including, but not limited to: the base, sides,and berms of storm water management
ponds(wet and dry basins), drainage ways, and near any inlet or outlet structures.Alternative
landscaping that may result in storm water outlet plugging or impede water flow in drainage ways
will not be allowed. Where the City authorizes alternative landscaping,the City holds no
• obligation to the permittee for restoration of the alternative landscaping damaged as a result of
City maintenance activities or storm events.
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2. Mowing beyond private property limits onto public land is generally acceptable. In storm water
management areas, a minimum 50-foot buffer of un-mowed, natural vegetation must be
maintained above the normal water level elevation. An RPW Encroachment Permit application is
not needed for mowing.The City is under no obligation to restore turf in extended mowing areas
if it is damaged as a result of maintenance or other normal uses.
3. Fences that do not impede the intended use of the property(for example: flow of storm water,
access to utilities, maintenance access, etc.),pending approval of an RPW Encroachment Permit
application.
4. Business signage,business canopies, and commercial footings may be permitted within the
urbanized area of the City, pending approval of an RPW Encroachment Permit application.
5. Temporary construction access to private property may be provided via public lands pending
approval of an RPW Encroachment Permit application.
ENCROACHMENTS NOT ALLOWED AND NOT PERMITTED
1. Firewood stockpiles
2. Yard furniture and equipment(e.g.,picnic tables,patio sets, etc.)
3. Permanent structures(e.g., retaining walls, utility sheds, and some fences [depending on their
type and alignment])
4. Dog or pet kennels
5. Storage of trailers,vehicles,boats and RV's
6. Playground equipment
7. Tree houses
8. Disposal of garbage or yard and garden waste(including, but not limited to grass clippings,
. leaves, brush and wood)
9. Storage of trash containers
10. Alternative landscaping below the high water level elevation(e.g.,flower and vegetable gardens,
or tree planting)and major grade alterations (> 50 cubic yards)that impedes drainage or storm
water management facility structural and functional integrity or access, or which is inconsistent
with the intended use of the easement or property.
HAstormwaterEncroachment PolicyV3.doc
8/3/04
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