Administrative Policy #7.09 - Building Encroachments in the Public Right-of-Way

Purpose

To describe the provisions under which the City of Corvallis will allow private structures to encroach into public right-of-way (ROW). The primary uses of public ROW are for public transportation and utility related infrastructure. Private structure encroachments are subordinate to transportation and utility uses and as such are allowed only in specific locations and under the provisions described herein.

Scope

Applies to new building encroachment requests made subsequent to its adoption. It will be applied to building encroachments existing prior to its adoption only upon receipt of a permit application for substantial improvements to the building as defined by the Land Development Code (LDC).

The administrative review processes described herein are applicable only in areas that are intended for an urban, downtown-style streetscape. These areas include the Central Business District, Riverfront Zone, and various locations identified in the LDC as major and minor neighborhood centers.

ROW encroachments outside of these zones will not be allowed unless the circumstances are unique and the property owner demonstrates that the encroachment is in the public's interest. All such requests will be reviewed and approved by City Council.

Procedures

Review and Approval Process

a. Minor Building Encroachments of 12 Inches or Less

1. Requests for minor encroachments will be submitted and reviewed as part of the building permit process.
2. No additional fees will be charged in association with the review and approval of minor encroachments.
3. Authorization of an encroachment will be identified in the approved building permit.
4. Occupied minor encroachments will require a license agreement and annual fee consistent with requirements for occupied intermediate building encroachments.

b. Intermediate Building Encroachments of Greater Than 12 Inches and Meeting the Criteria for Administrative Review

1. Requests for intermediate encroachments will be submitted to the City Engineer for processing.
2. The City Engineer will facilitate a staff review process that will include Public Works Department for a review of utility and transportation impacts, Parks and Recreation Department for a review of street tree impacts, Community Development Department for City code compliance, and Fire Department for a review of impacts to public safety. If the proposed encroachment is in the vicinity of franchise utilities, the applicant may need to obtain concurrence from the franchisee that the encroachment will not interfere with the operation and maintenance of its facility.
3. An application fee intended to recover 100 percent of staff costs will be charged for review of intermediate encroachment requests. The fee will be initially set at $650, referenced to the 2012 Consumer Price Index (CPI-W), Urban Wage Earners and Clerical Workers, Portland, of 229.779. The fee will be adjusted annually in October using the previous year's CPI-W.
4. An annual fee will be charged for any intermediate building encroachment that provides habitable space. The initial annual fee will be calculated using the Occupied Encroachment Fee Methodology (below).
5. Authorization of an intermediate encroachment will be through the establishment of a license, which will include insurance requirements if occupied, indemnification language acceptable to the City Attorney, and conditions of approval as needed.
6. Insurance coverage for occupied encroachments will be of the type and amount sufficient to meet the requirements of State law as they apply to the potential liability of the City.

c. Major Building Encroachments

1. All building encroachments not identified as Minor or Intermediate will be considered as a Major Encroachment and require City Council approval.
2. Major Encroachments are discouraged by City Council. However, in the event that an owner of private property desires to pursue such a request, application will be made to the City Engineer who will develop a recommendation to the City Council. A Major Encroachment will only be approved by City Council under the following conditions:
   1. The applicant has demonstrated that it is not feasible to construct the facilities on private property;
   2. The movement of current and future pedestrian, bicycle, and vehicular traffic will not be negatively impacted by the encroachment.
   3. The encroachment will not limit the City's ability and the ability of franchise utilities to provide service to the community.
   4. The encroachment is in the public's interest.
3. Application fee intended to recover 100 percent of staff costs to review and develop a staff report and recommendation to City Council will be charged for major encroachment requests. The fee will be initially set at $1,360, referenced to the 2012 CPI-W, Urban Wage Earners and Clerical Workers, Portland, of 229.779. The fee will be adjusted annually in October using the previous year's CPI-W.
4. Authorization of a major encroachment will be through the establishment of a lease or license, which will include insurance requirements, indemnification language, and other provisions deemed necessary by the City Attorney.
5. An annual fee will be charged for Major Encroachments as follows:
   1. For non-occupied encroachments, the anticipated staff cost to administer the major encroachment agreement
   2. For occupied encroachments, the fee will be determined using the Occupied Encroachment Fee Methodology (below)
6. Insurance coverage for occupied encroachments will be of the type and amount sufficient to meet the requirements of State law as they apply to the potential liability of the City.

Goals

Establish a consistent and efficient process that protects the public's use of, and investment in, the public ROW when considering requests for private building encroachments.

Guidelines

Guiding Principles

a. Public ROW is a limited resource with a number of competing demands. Priority use of the public ROW should be maintained for transportation and utility needs. Reserving ROW for these uses allows private property owners to maximize the development potential of adjacent parcels. All other requests for use of the public ROW should be considered secondary to transportation and utility needs and only approved if it can be done so without a negative impact to these uses.

b. Occupied building encroachments provide a financial benefit to the building owner; and as such, reimbursement to the public for the use of public property is appropriate.

c.As required by State law, the City Council finds that space occupied by private encroachment, approved under the conditions described herein, is not necessary for public use.

Exemptions

a. Certain building encroachments required or allowed by the LDC at the time of adoption of this Procedure, including, but not limited to, pedestrian weather protection and signage. However, balconies constructed to meet weather protection requirements of the LDC are subject to the review requirements of this Procedure.

b. Existing encroachments by buildings which are identified by the LDC as Designated Historic Resources.

c. Exterior building illumination.

Alleys

a. Due to the space limitations, alley encroachments are prohibited consistent with LDC Section 4.10.70.05.b.1.

Allowable Sub-Surface Building Encroachments for Administrative Review

a. Building footings which are located at least 8 feet below grade, and project no more than 12 inches into the public ROW.

Allowable Above-Ground Building Encroachments for Administrative Review

a. 0 to 8 Feet Above Grade

1. Architectural and mechanical features projecting no more than 12   inches into the ROW, provided that a pedestrian route meeting minimum ADA standards is maintained around the feature, and the feature does not present a pedestrian hazard.
2. No encroachment will be allowed that provides additional occupied building space.

Greater than 8 Feet Above Grade

1. Architectural and mechanical features projecting no more than 12   inches into the ROW.
2. Roof overhangs, balconies, and other building features encroaching no more than 1 inch for every inch of sidewalk clearance above 8 feet. Maximum encroachment allowed is 4   feet. Balconies constructed to meet weather protection requirements of the LDC can encroach 6 feet, provided 12 feet of clearance is provided.
3. Awnings or canopies not required for pedestrian weather protection over building entrances and exits provided:
   • 8 feet of clearance is maintained above the sidewalk.
   • The structure does not extend more than two-thirds of the distance from the property line to the curb, with a horizontal distance to the curb not less than 2 feet
   • No structural support is placed in the public ROW
   • The structure is designed for removal in the event that work within the sidewalk area requires it

Occupied Encroachment Fee Methodology

a. When calculating the annual fee for occupied encroachments into the ROW, the following formula will be used:

(Land value) x (Use area) x (Rate of return) x (Degree of alienation) = Annual Fee

1.  Land value: the value of the use area in the right-of-way shall be based on the abutting parcel’s current land value as determined by the Benton County Assessor. If the use area extends beyond the centerline or abuts multiple parcels, the permit fee shall be calculated by averaging the abutting parcels’ current land values
2. Use area: Square footage of the permitted encroachment in the right-of-way
3. Rate of return: Annualized rate of return on market value of the right-of-way, as established in consultation with the Finance Director
4. Degree of Alienation: The degree of impact on the public, utilities, right-of-way, and other potential uses of the right-of-way as determined by the following table:

Execution of Agreements to Occupy Public ROW

a. When an agreement to occupy the public ROW is required, it is the intent that the agreement be established with a single entity, typically the entity in control of the structure exterior. It is not the intent to have multiple agreements when there is more than one ownership interest in a given building, such as is the case with condominiums.

Definitions

ADA. Americans with Disabilities Act

Review/Update

The Public Works Director will prepare this Administrative Procedure for review as needed for City Manager approval.

Last reviewed: 07-07-2021

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