HomeMy WebLinkAbout2020/11/10-Attachments-FINAL Encroachment Ordinance 10-22-2020 blacklined comparison.PDFORDINANCE NO.
AN ORDINANCE AMENDING THE FORT WORTH BUILDING CODE OF
THE CITY OF FORT WORTH, BY AMENDING CHAPTER 7
"AMENDMENTS," CHAPTER 32 "ENCROACHMENT INTO THE PUBLIC
RIGHT-OF-WAY" DIVISION III, "PERMANENT ENCROAHCMENTS"
TO INCLUDE NEW LANGAUGE TO CATEGORIZE ENCROACHMENTS
INTO TIERS AND TO PROVIDE CORRESPONDING REQUIREMENTS;
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, on September 25, 2012 the City Council of Fort Worth adopted Ordinance
No. 20425-09-2012 to amend section 3210 of the Fort Worth Building Code to allow staff
administrative authority to approve certain encroachment agreements thereby reducing the
processing time and the documentation sent to the City Council for consideration, provide for
application fees and to establish an annual fee for permanent encroachments into public property;
and
WHEREAS, on July 22, 2014 the City Council of Fort Worth adopted Ordinance No.
21343-07-2014 to further amend section 3210 of the Fort Worth Building Code to provide that the
annual fee is limited to City property and rights -of -way and is not applicable to City -owned
easements; and
WHEREAS, the City Council of Fort Worth has determined that it is appropriate to
establish a tiered system for encroachments onto City property, including easements and rights -
of -way and to revise requirements for newly established tiers, include insurance requirements and
applicability of fees for such encroachments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
Section 7-47, "Amendments" of the Building Code of the Code of the City of Fort Worth
(2015) is hereby amended to revise Division III, Permanent Encroachments, Sections 3209, 3210
and 3211 to establish a tiered categorization of encroachments into public property, to revise
insurance and fee requirements, and reorder and renumber the remaining subsections, to read as
follows:
Sec. 7.47-Ch 32 Encroachment Amend 2020 Ordinance No.
Page 1 of 7
DIVISION III: ENCROACHMENT OF PUBLIC PROPERTY
PERMANENT ENCROACHMENTS
3209 General. No part of any building or structure, or any appendage thereto, shall permanently
project into, over, or under any_public property, easement, or right-of-way except as authorized by
this chapter. that is not in eomplianee With the provisions of this ehapter- shall Pr-0jeet 4to publie
Exceptions:
a*d a -Fe designed to withstand load f 150 pounds. nanently occupy publie
1. -2-. Environmental monitoring wells when approved by City Council or the authority
wed delegated to the Eiw ronmenta"` anageme„* Department of Code Compliance.
2. 3- Backflow protection devices when approved by the authority authorize delegated
to the Water Department.
3. Private irrigation lines located along local and collector streets.
4. Any encroachment that the Director of the Development Services Department
determines (1) existed before the City's ownership interest of the public property and 2 does not
interfere with the public purpose and use of the public property.
3210 - Encroachment Agreements Required
3210.1 General. All permanent encroachments into public property, including ineWsive
public right-of-way and easements, shall require a duly executed Encroachment Agreement
approved by the City Couneil.
Exeeptions: The Planning and Development Di-FeetoF is hereby au4her-ized to exe
Ener-eaehfnent AgFeements on behalf of the City, exeept when the ener-eaehment into publie
pr-epet4y i eFeaehmen4. A major- ener-eaehmen4 means any building struetur-e proposed
on, above —an-4 I_nr- below a stfeet, alley right of way or- easement area; to inelude, but not be lim
to, sky bridges, and tunnels between buildings, and par4ing stmetffes built above or- below gr-ade.
All major- ener-eaebments must be presented to the City Cotmeil for- appr-eval.
3210.2 Authority. The Director of the Development Services Department is hereby authorized
to execute Encroachment Agreements on behalf of the City, except when the encroachment into
public property is a Tier III Major Encroachment, as described in Section 3210.3.3 below. Tier III
Major Encroachments must be approved by City Council.
3210.3 Encroachment Tiers. All permanent encroachments into public property, inclusive of
public right-of-way and easements, shall be categorized and divided into the following tiers:
3210.3.1. Tier I Minor Encroachments. Minor Encroachments are those that, by their size
or construction method, are simple in nature, that may be removed from the public property in a
Sec. 7.47-Ch 32 Encroachment Amend 2020 Ordinance No.
Page 2 of 7
short period of time, and that have only a minor impact on public property. An aerial encroachment
shall not be considered a Tier I Minor Encroachment if it projects more than twelve inches over,
into, or above the public property. However, an aerial encroachment located at least eight feet
above grade level shall be considered a Tier I Minor Encroachment if it projects no more than four
feet over the public property and is fully supported by a building or other structure not located on
public property. Tier I Minor Encroachments include, but are not limited to, those shown in the
accompanyingtable.
able.
Tier I Minor Encroachments
Arcades
Marquee signs
Awnings
Planters
Bay windows and oriels
Private irrigation lines located along
Benches
thoroughfares or arterial roadways unless
included under a separate agreement with the
Bicycle racks
CAY
Blade signs
Canopies
Public art installations
Cornices and sills
Stoops and stairs
Door swings
Security cameras and appurtenances
Eaves
Sustainable landscaping such as xeriscapin&
rain gardens and bio-swales
Handicap ramps
Trash receptacles
Tier I Minor Encroachments shall not reauire an annual fee. In accordance with Risk
Management policy, each Tier I Minor Encroachment Agreement shall require proof that the
applicant has secured and paid for a policy of public liability insurance covering all public property
on which the encroachment is located during construction and continuingthrough the entire term
of the Encroachment Agreement. The amount of insurance coverage shall be at least the maximum
amounts of liability that can be imposed upon the City under State law. Each insurance policy
shall provide that it cannot be canceled or amended without at least thirty(30) dqys advanced
written notice to the Citv. Insurance shall be maintained for the lencth of the Encroachment
Agreement.
3210.3.2. Tier II Standard Encroachments. Standard Encroachments are those that are
larger or more complex in nature than Tier I Minor Encroachments, but not as substantial or
complex as Tier III Major Encroachments. Tier II Minor Encroachments include, but are not
limited to, those shown in the accompany table.
able.
Tier II Standard Encroachments
Balconies
Retaining Walls
Dumpsters
Storm Drains
Fences
Private water lines
Gates
Sec. 7.47-Ch 32 Encroachment Amend 2020
Ordinance No.
Page 3 of 7
Tier II Standard Encroachments shall require a non-refundable application fee and, for as long
as the approved encroaching improvement exists, an annual encroachment fee as specified in Table
I-F in section 119 of the Building Administrative Code. However, for Tier II Standard
Encroachments, the annual fee shall not be applied to encroachment improvements on City -owned
easements. In accordance with Risk Management policy, each Tier II Standard Encroachment
Agreement shall require proof that the applicant has secured and paid for a policy of public liability
insurance covering all public property on which the encroachment is located during construction
and continuing through the entire term of the Encroachment Agreement. The amount of insurance
coverage shall be at least the maximum amounts of liability that can be imposed upon the City
under State law. Each insurance policy. shall that it cannot be canceled or amended without
at least thigy (30) dgys advanced written notice to the City. Insurance shall be maintained for the
length of the Encroachment Agreement.
3210.3.3. Tier III Major Encroachments. Major Encroachments are those encroachments
that, due to their size, complexity, or construction method, have a substantial impact on public
property or those that utilize a significant portion of the public property, easement, or right-of-way
and are not included in a separate agreement with the City. Tier III Minor Encroachments include,
but are not limited to, those shown in the accompanyin table.
able.
Tier III Major Encroachments
Basements
Tunnels
Parking structures
Underground walkways
Sky bridges
Tier III Major Encroachments shall require a non-refundable application fee and, for as long
as the approved encroaching improvement exists, an annual encroachment fee as specified in Table
I-F in section 119 of the Building Administrative Code. However, for Tier III Major
Encroachments, the annual fee shall not be applied to encroachment improvements on City -owned
easements. In accordance with Risk Management policy, each Tier III Major Encroachment
Agreement shall require proof that the applicant has secured and paid for a policy of public liability
insurance covering all public property on which the encroachment is located during construction
and continuingthrough hrough the entire term of the Encroachment Agreement. The amount of insurance
coverage shall be at least the maximum amounts of liability that can be imposed upon the City
under State law. Each insurance policy, shall that it cannot be canceled or amended without
at least thigy (30) dgys advanced written notice to the City. Insurance shall be maintained for the
length of the Encroachment Agreement and evidence of such insurance coverage must be provided
to the City on an annual basis during the term of the Encroachment Agreement.
Sec. 7.47-Ch 32 Encroachment Amend 2020 Ordinance No.
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3210.3.4. The Director or Building Official shall, upon request of an interested party, make
a determination of the degree of encroachment into or on to public property to determine the
appropriate tier category and requirements.
3210.4-2 Application. The applicant shall execute thfee (3) eepies--of an Encroachment
Agreement with the City upon forms furnished by the Building Official or h} s designee. The forms
for such an 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 the City Secretary.
3210.5- Insurance. The In accordance with Risk Management policy, each Encroachment
Agreements shall be aeeempanied by require proof that the applicant has secured and paid for a
policy of public liability insurance covering all eity carrell up blic property on which the
encroachment is located during construction and continuingthrough the entire term of the
Encroachment Agreement. . The amount of insurance coverage shall
be at least the maximum amounts of liability that k can be imposed upon the City under State
law. Each insurance policy shall provide that it cannot be canceled or amended without at least
thirty (30) days advanced written notice to the City. Insurance shall be maintained for the length
of the Eencroachment Agreement. For Tier III Major Encroachments, evidence of such insurance
coverage must be provided to the City on an annual basis during the term of the Encroachment
Agreement.
3210.64-Plans. Each Encroachment Agreement shall be accompanied by a plan showing the
nature and location of the encroachment 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.
3210.7- Application Fee. Along with Each application for an Encroachment Agreement
shall pay require a non-refundable application fee as specified in Table 1-F in section 119 of the
Building Administrative Code.
3210.86 Annual Fee. For Tier II Standard Encroachments and Tier III Major Encroachments,
Ffor as long as the approved encroaching improvement(o exists, the property owner shall be
responsible for payment of an annual encroachment fee as specified in Table 1-F in section 119 of
the Building Administrative Code. For Tier II Standard Encroachments and Tier III Major
Encroachments, the annual fee shall not be applied to encroachment improvements on City --owned
easements. , Seetion 2 231 of the City Code. The annual fee shall not be
„lied too ,.h, ent o en4s on eity ownedeasements. Tier I Minor Encroachments
shall not require an annual fee.
3211 - Permits. Approval of the Encroachment Agreement does not eliminate the need for
proper permits to do work as required by any other provision of the City code or other law or
regulation. Code of the C4ty. No work may commence without all necessary permits as required
by applicable Ci . 21odeeedes. or other law or regulation.
Sec. 7.47-Ch 32 Encroachment Amend 2020 Ordinance No.
Page 5 of 7
3212 - Signs. Advertising signs projecting into public property are to be considered a permanent
occupancy of public property, provided however, upon the termination of the Encroachment
Agreement such signage shall be removed from public property.
Exception: An identification sign displayed as part of the marquee, provided the sign contains
no off -premise advertising, is displayed to 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 (2015), 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.
Sec. 7.47-Ch 32 Encroachment Amend 2020 Ordinance No.
Page 6 of 7
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 Development Services Department of the City of Fort Worth, Texas,
is hereby authorized to publish this ordinance in pamphlet 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 AS TO FORM AND LEGALITY:
Matthew Murray
Assistant City Attorney
Adopted:
Effective:
Sec. 7.47-Ch 32 Encroachment Amend 2020
Mary Kayser, City Secretary
Ordinance No.
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