ORD NO 14-2020 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. tik -2020
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE SETTING FORTH A PROCEDURE FOR
THE SUBMISSION AND CONSIDERATION OF
TEMPORARY REVOCABLE LICENSES; SETTING FORTH
AN EMERGENCY; AND FOR OTHER PURPOSES.
WHEREAS, there is a need for the implementation of a procedure for the approval and/or
denial of Temporary Revocable Licenses for development and improvements to
public rights-of-way within the City of Van Buren; and
WHEREAS, the City Council desires to set forth that procedure as set out below; and
WHEREAS, in order to prevent the loss of revenue and benefits to the City and its citizens, a
state of emergency exists and the fees are needed to be made effective
immediately for the health, safety and welfare of the citizens of the City of Van
Buren.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VAN BUREN,ARKANSAS, THAT:
SECTION 1: The following procedure will be followed with respect to the consideration and
application for a Temporary Revocable License within the City of Van Buren:
Temporary revocable licenses within public easements and rights-of-way.
(a) The Planning Department will accept written applications for temporary revocable
licenses within the City for the purpose of allowing limited development and
improvements of real property, including, without limitation, items such as
temporary or portable buildings, flagpoles, light poles, fencing, signs and
landscaping, temporarily utilizing identified, limited portions of public rights-of-
way and public easements. The Mayor shall determine whether said request
warrants review by the City Council or should be denied pursuant to the criteria and
conditions set out herein. When referencing "Mayor" in this Ordinance, "Mayor"
includes his/her designated representative. Upon a determination by the Mayor that
the request warrants review by the City Council, the request will first be reviewed
by the Planning Commission. The Planning Commission shall make a
recommendation to the City Council and the request will be placed on the City
Council Agenda for the consideration of the request by the Council.
(b) With reference to any application for temporary revocable license, the Planning
Department shall provide a written notice of the application and shall allow the
submission of information by all franchised utility companies and City departments
in advance of the administrative decision regarding submitting the application to the
City Council for review.
(c) The application shall include information that adequately describes the
encroachment of the public rights-of-way or public easements. Minimum
information required include the following items:
i. The applicant's name, address and contact information
ii. A written description of the encroachment and the reason for the request
including an explanation why the right-of-way or easement is needed.
iii. A metes and bounds legal description of the area for which the Temporary
Revocable License is requested.
iv. A hard copy and an electronic copy of the property survey depicting the
perimeter property lines and area for which the Temporary Revocable
License is requested with dimensions shown of the proposed encroachment.
v. A dimensioned drawing showing elevations of any structure to be located in
the area for which the Temporary Revocable is requested.
vi. A non-refundable application fee of$250.00.
(d) In deciding whether to deny a temporary revocable license request or submit the
request to the City Council, the Mayor shall consider the following: the impact on
pedestrian and vehicular traffic; the impact on the City's ability to access and
maintain public utility easements and public rights-of-way; the size and dimension
of the structure or improvement; all federal, state and local disability accessibility
laws and regulations; the approval by all franchised utility companies, the health,
safety and welfare of the public, and all relevant construction and fire codes. If the
Mayor is satisfied after consideration of the evaluation criteria and factors listed
herein that the grant of a temporary revocable license will further the public interest,
the Mayor shall submit the request to the City Council. Otherwise, the Mayor shall
deny the application.
(e) With reference to any issued temporary revocable license, the following conditions
shall apply.The City shall have no responsibility for the maintenance of the licensed
structure or improvements. If the structure or improvements are damaged in any
manner, same shall be removed by the licensee at the licensee's sole cost and
expense in a manner meeting the approval of the Mayor. Upon 30 days notice from
the Mayor, for any reason determined by the Mayor, the licensee shall remove the
structure or improvements from the right-of-way or public easement at the licensee's
sole cost and expense and in a manner meeting the approval of the Mayor. The
licensee shall hold the City and franchised utility companies harmless from and
indemnify the City and franchise utility companies from all expenses, losses, costs,
causes of action and judgments, including legal expenses, arising from the
placement and maintenance of said improvements. Should any City department or
any franchised utility company require access to any existing right-of-way or public
easement for any purpose, said department or utility company shall have no duty to
give prior notice to the licensee and shall have no responsibility to protect or replace
any structure or improvements of the licensee that are within the right-of-way or
public easement.
(f) The Mayor may deny or submit the request for temporary revocable license to the
Planning Commission for a recommendation and to the City Council for review after
consideration of the above factors. The Mayor shall give written notice of the
decision to the applicant and to any interested person who has made a written request
for a notice of decision on a specific application.
description of the improvement,and shall include the conditions listed in subsection
(d) of this section.
(h) The applicant may appeal the denial of the request to the City Council by written
request to the City Council made within thirty(30)days of the issuance of the denial.
(i) The terms of the temporary revocable license shall be deemed accepted by the
licensee's initial or continued placement or maintenance of the improvement at the
licensed location.
(j) The City Clerk shall file a copy of the Temporary Revocable License bearing
original signatures with the Circuit Clerk of Crawford County,Arkansas.
(k) It shall be unlawful for any person to begin the construction or to cause the
beginning of construction of any improvement within a public right-of-way or
public easement without first obtaining a temporary revocable license from the City.
Any person violating this ordinance will be given a ten-day notice to quit. Notice is
adequate if placed conspicuously within the right-of-way or public easement. If
violation of the Ordinance continues after ten days of the notice, any person
determined to be guilty of violating the provisions of this section shall be deemed
guilty of a misdemeanor and, upon conviction, shall be subject to the penalties
provided by Section 1.32.01 of the Municipal Code of the City of Van Buren.
Nothing in this Ordinance affects the ability of the City of Van Buren to remove any
trespass from the City's right-of-way or public easement.
SECTION 2: The various provisions and parts of this Ordinance are hereby declared to be
severable, and, if any section or part of a section, or any provision or part of a
provision herein, is declared to be unconstitutional, inappropriate, or invalid by any
court of competent jurisdiction, such holding shall not invalidate or affect the
remainder of this Ordinance and to that extent the provisions hereto are declared to
be severable.
SECTION 3: As there are not currently any procedures in place for the provision of a temporary
revocable license and since the failure to have a procedure in place that allows for
the use of City right-of-way or public easement for such purposes can result in a
loss of revenue and benefits to the City and its citizens, an emergency is declared
and this Ordinance being necessary for the preservation of the public peace, health
and safety shall be in full force and effect from and after its passage, approval and
publication.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of CO for and Q against, the foregoing Ordinance at its
regular meeting held on the 22nd day of June 2020.
Josep P. H rst
M. .
ATTESTED: • PPR 14'ED A ! %t,' :
P lis Tho �g �
Thomas Can.Viarrt,
City Clerk/Treasurer City Attorney
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City f V: ;. Bur
Municipal Annex
111 North 12th Street • Van Buren, Arkansas 72956
CITY COUNCIL MEMORANDUM
TO: MAYOR HURST AND CITY COUNCIL
FROM: WALLY BAILEY,PLANNING DIRECTOR
SUBJECT: TEMPORARY REVOCABLE LICENSE
DATE: JUNE 16, 2020
CC:
The City Attorney and I have prepared an Ordinance to establish a procedure for the review and
potential approval of a Temporary Revocable License (TRL)that will allow minor
encroachments on or in public rights of way or public easements.
The proposed Ordinance includes procedures to allow a property owner/applicant the ability to
request permission to place an above-grade, at-grade and below-grade structure in the public
rights of way or a public easement. Encroachments might include items such as architectural
embellishments on buildings, flagpoles, light poles, signs, canopies, above ground equipment or
underground encroachments.
A temporary revocable license grants the licensee permission to use a specific portion of the
public right of way or a public easement until such time as that portion of the public right of way
or public easement is needed by the City of Van Buren,Van Buren Municipal Utilities or a
franchised Utility.
Procedures similar to the proposed TRL are used by numerous Cities in Arkansas and in other
States. Any application for a TRL must be reviewed by the Planning Commission with a final
approval by the City Council.
The Planning Commission reviewed this proposed Ordinance at their June 2°a, 2020 meeting.
Those present unanimously recommended the City Council consider the approval of this
Ordinance.
Please contact me if you have any questions.
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