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HomeMy WebLinkAboutOrdinance 20142-03-2012ORDINANCE NO. 20142-03-2012 AN ORDINANCE AMENDING THE FORT WORTH BUILDING CODE, BY ADDING PROVISIONS ALLOWING FOR STAFF ADMINISTRATION OF CERTAIN ENCROACHMENTS; AMENDING FEES CHARGED; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of Fort Worth has determined that it is appropriate to allow staff administrative authority to approve certain encroachments thereby reducing the processing time and the documentation sent to the City Council for consideration; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. Section 7 -47 of the Code of the City of Fort Worth (1986) is hereby amended by amending Section 3210 to read as follows: 3210 Encroachment Agreements 3210.1 General. All permanent encroachments into public property, inclusive of public right -of -way and easements, shall require a duly executed Encroachment Agreement approved by the City Council. Exceptions: 1. The Building Official is hereby authorized to execute Encroachment Agreements on behalf of the City covering signs that do not project more than two (2) feet over public property when all requirements of this Code, the Sign Code and the Comprehensive Zoning Ordinance have been satisfied. 2. The Planning and Development Director is hereby authorized to execute Encroachment Agreements on behalf of the City, except as provided in exception #1 above and when the encroachment into public property is a major encroachment. A major encroachment means any building structure proposed on, above and /or below a street, alley right -of -way or easement area; to include, but not be limited to, sky - bridges, and tunnels between buildings, and parking structures built above or below grade. All major encroachments shall be presented to the City Council for approval. 3210.2 Application. The applicant shall execute three (3) copies of an Encroachment Agreement with the City upon forms furnished by the Building Official or his designee. The forms for such agreement shall be approved from time to time by the City Attorney's Office. Executed forms shall be filed in the real property records of the applicable county, and kept and maintained in the offices of the Planning and Development Department and the City Secretary. 3210.3 Insurance. The Encroachment Agreements shall be accompanied by proof that the applicant has secured and paid for a policy of public liability insurance covering all city controlled property as described in the Agreement. The amount of insurance coverage shall be at least the maximum amounts of liability which can be imposed upon the City under State law. Each insurance policy shall provide that it cannot be canceled or amended without at least ten (10) days advanced written notice to the City. Insurance shall be maintained for the length of the encroachment. 3210.4 Plans. Each Encroachment Agreement shall be accompanied by a plan showing the location and amount of public property to be occupied with details of the structure of encroachment and shall include any additional information requested by the department affected by the encroachment. 3210.5 Fee. Along with the Encroachment Agreement shall pay a non- refundable application fee as follows: Approved by Fee 1. Building Official $175.00 2. Planning and Development Director $275.00 3. City Council $575.00 3211 Permits. Approval of the Encroachment Agreement does not eliminate the need for proper permits to do work as required by any code of the City. No work may commence without a permit as required by applicable codes. 3212 Signs. Advertising signs projecting into public property are to be considered a permanent occupancy of public property. Exception: An identification sign displayed as part of the marquee, provided the sign contains no off - premise advertising, is displayed to Ordinance No. 20142 -03 -2012 Page 2 of 4 identify or locate the building or place of business and the height of the message does not exceed three (3) feet. Signs that are covered by existing Encroachment Agreements shall have those Encroachment Agreements become null and void when a sign is altered in size, removed or requires structural repair. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provision of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure in the City or cause the same to be done contrary to or in violation of any of the provisions of this Code. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed Two Thousand Dollars ($2,000.00) for all violations involving fire safety, or public health and sanitation and shall be fined not more than Five Hundred Dollars ($500.00) for all other violations of this ordinance. Each day or any portion thereof which any violation of this ordinance occurs or continues shall be deemed a separate offense and upon conviction thereof shall be punishable as herein provided. SECTION 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared void, ineffective, or unconstitutional by the valid judgment or final decree of any court of competent jurisdiction, such voidness, ineffectiveness, or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such void, ineffective, or unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 5. This ordinance constitutes a digest and revision of the Building Code of the City of Fort Worth, as provided in Section 2, Chapter XXV and Section 9, Chapter XXVII, of the Charter of the City of Fort Worth. The Planning and Development Department of the City of Fort Worth. Texas, is hereby authorized to publish this ordinance in pamphlet Ordinance No. 20142 -03 -2012 Page 3 of 4 form for general distribution among the public, and the operative provisions of this ordinance, as so published, shall be admissible in evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 6. The City Secretary of the City of Fort Worth, is hereby directed to publish the caption, penalty clause, and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas and by Section 52.013(a) of the Texas Local Government Code. SECTION 7. This ordinance shall take effect upon adoption and publication as required by law. APPROVED :70RM AND LEGALITY: qM , 1 '� "M V Assistant City Attorney Adopted: March 27, 2012 Effective: Ordinance No. -10142-03-201') Page 4 of 4 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/27/2012 Ordinance No. 20142` -03 -2012 DATE: Tuesday, March 27, 2012 REFERENCE NO.: G -17561 LOG NAME: 06PERMANENT ENCROACHMENT PROCESS REVISIONS SUBJECT: Adopt Ordinance Amending the City of Fort Worth Building Code to Allow Expanded Administrative Approval of Permanent Encroachment Agreements (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the adoption of the attached ordinance amending the City of Fort Worth Building Code IBC, Section 3210, to allow for expanded administrative approval of permanent encroachments. DISCUSSION: Sections 3209 through 3212 of the City of Fort Worth Building Code regulate Permanent Encroachments into Public Right -of -Way. Currently, all permanent encroachment Agreement requests require City Council approval with the following exceptions: 1. The Building Official is authorized to execute consent Agreements on behalf of the City covering signs that do not project more than two feet over public property. 2. The Planning and Development Director is hereby authorized to execute consent Agreements on behalf of the City, except as provided in Exception No.1 above, when the encroachment beyond the property line extends no closer than within 18 inches of the face of the curb. Since the adoption of an amendment to the Building Code in July 2006 allowing the approval process described above, the Planning and Development Department has processed approximately 400 encroachment Agreements. Of these requests, 282 required City Council approval. All of these requests were on the consent Agenda and were approved. It is recommended that City Council authorize amendments to Section 3210 of the Fort Worth Building Code to provide for expanded administrative approval of permanent encroachment Agreement requests and require City Council approval when there is a request for a major permanent encroachment. A major encroachment would be defined as any building structure proposed on, above and /or below a street or alley right -of -way. Major encroachments would include: sky- bridges and tunnels between buildings, parking structures built above or below street or alley right -of -way, etc. Further, the building code is silent as to private improvements encroaching into public easements, such as water, sewer and utility, which would require permanent easement encroachment Agreements. Staff also recommends that all easement encroachment requests be authorized for administrative approval. Building permits for any private improvements requiring an encroachment Agreement are held until the encroachment Agreement is executed. In the case of an encroachment Agreement that requires City Council approval, this means that the associated building permit is held for approximately eight weeks pending City Council approval of authorization to execute the encroachment Agreement. If the Logname: 06PERMANENT ENCROACHMENT PROCESS REVISIONS Page 1 of 2 amendments are adopted, the Planning and Development Director would be able to administratively approve nearly all encroachment Agreement requests, including items such as private irrigation systems and communications conduits bored beneath street and alley, signs and awnings that extend over sidewalks, retaining walls, grease traps, etc. Expanding administrative approval of permanent encroachment Agreement requests would result in a time savings for both Staff and the applicant and an ability to more expeditiously issue the associated building permit(s). This initiative was identified in the Development Process review that is being undertaken by Staff in partnership with the Development Advisory Committee. The action benefits more efficient development in all City Council Districts. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund /Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund /Account/Centers Fernando Costa (6122) Randle Harwood (6101) David Schroeder (2239) Logname: 06PERMANENT ENCROACHMENT PROCESS REVISIONS Page 2 of 2