Title
A Resolution approving revisions to the City of Lee's Summit Encroachment Policy
Body
Key Issues:
· Unauthorized encroachments into City owned property, right-of-way and easements present risks in regard to the ability of City staff to access City owned facilities and property, as well as safety concerns
· The City adopted an encroachment policy in July 2006 to manage allowed use, conditional use, and non-allowed work in public rights of way and easements owned by the City
· Proposed changes will eliminate conflicts with numerous changes in ordinances since 2006
· Proposed changes will address common requests for use not addressed in the existing policy
Background:
The encroachment policy was adopted to protect the City and provide consistent rules to allow use of City-owned easements and right of way. The City has easement rights for right of way, access easements, general utility easement, water main easements, sewer main easements, and drainage easements.
Unauthorized encroachments into City controlled property had become a significant issue as the City rapidly grew from the 1980s to present. In many cases, residential fences were built within a sewer easement, which prevented City crews from accessing a sewer main. Other types of encroachments caused safety issues such as fences, landscaping or trees in the right-of-way that blocked motorists line of sight. Monument signs that were large, fixed objects created roadside traffic safety hazards. Installing objects both increased cost and liability risk to the City. As a result of those concerns, City Council adopted a policy in 2006 to govern the types of objects that can be installed, provide requirements to mitigate liability exposure to the City, ensure City staff had access to maintain public infrastructure, but still allow the shared use of City-controlled properties where appropriate.
The policy established non-allowed uses, conditional use and allowed use categories. The different ty...
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