3-11-6: NONCONSTRUCTION ENCROACHMENT PERMITS:
Any person who intends to close or restrict any public right-of-way, trail, or other public property for nonconstruction purposes shall first obtain a nonconstruction encroachment permit.
A. Application Submission:
1. Except as provided in subsection B of this section, a completed electronic application on the city form, including the payment of application fees and the submission of corrected or additional information as required, shall be submitted to the city at least forty-five (45) calendar days before the event is scheduled to take place in order to allow sufficient time to process the application, to review the preparation and setup of the event, for any inspection to occur, and to allow timely appeal in the event the application is denied.
2. If an application is determined to be incomplete or if substantial changes are made to an existing application or event, the forty-five (45) day deadline shall not begin until the application is resubmitted and determined to be a complete application. Applicants are strongly encouraged to submit a complete application for a nonconstruction encroachment permit well in advance of the forty-five (45) day application deadline.
3. Applications for new permits that submit the application less than forty-five (45) calendar days prior to the scheduled event shall not be accepted.
4. Applications for a nonconstruction encroachment permit shall also include:
a. A complete list of names and current mailing addresses, obtained from the office of the Washington County Recorder, for all owners of property within or partially within the area fronting the segment of public right-of-way proposed for closure by the permit;
b. For properties that have a mailing address or owner that is not represented to be the resident or occupant of a property identified under subsection A4a of this section, an additional notice shall be provided to the resident or occupant of the property.
5. The city shall issue a written decision of approval, approval with conditions, or denial, in the form of a use agreement, for approved permits or a letter of explanation for denied applications, on all complete nonconstruction encroachment permit applications no less than ten (10) calendar days prior to the event. With the issuance of a written decision of approval, the city shall issue a notice of the approved permit, which includes the details and anticipated impacts of the approved encroachment, to all property owners, residents, and occupants identified in subsection A4 of this section herein no less than ten (10) calendar days prior to the event.
B. Events Review Committee (ERC): The events review committee shall be made up in the same manner outlined in section 3-10-4B.
C. Review Process: Applications for a nonconstruction encroachment permit shall be submitted electronically to the special events coordinator (SEC) who, within three (3) business days, shall verify that the application is complete and either return the application to the applicant for correction or supplementation if incomplete or forward the complete application to the ERC for review. Upon resubmission of a returned incomplete application, the application shall be reviewed as if it were an original application submission. Once submitted to the ERC, the review and approval process for a specific venue event permit application shall be as described in section 3-10-4C for special events. (Ord. 2023-017, 8-31-2023)