2017-07ORDINANCE NO. 2017-07
AN ORDINANCE AMENDING CHAPTER 82 (STREETS, SIDEWALKS AND
OTHER PUBLIC PLACES), ARTICLE I OF THE CODE OF THE CITY OF
FAIRFAX, VIRGINIA, PERTAINING TO LIMITED PRIVATE ENCROACHMENTS
INTO THE PUBLIC RIGHTS-OF-WAY.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 82,
Article I of the Code of the City of Fairfax, Virginia be and the same is hereby amended to
add the following sections, to read in their entirety as follows:
"Sec. 82-1. Statement of policy regarding_ public rights-of-way; limited private
encroachments into public rights-of-way conditionally permitted.
It is the general policy of the city that the public rights-of-way are to be reserved for public
use or open space; and that the rights of the public, present and future, are not to be
diminished by the installation of private improvements within the public rights-of-way.
Notwithstanding the foregoing, limited private encroachments into public rights-of-way may
be permitted, subject to the express terms of this article and compliance with other provisions
of this chapter.
Sec. 82-2. Definition, process, encroachment agreement required.
For the purpose of this article, "limited private encroachment" shall mean the placement of
landscaping or neighborhood entryway signage or other similar minor structures and
appurtenances into adjacent public right-of-way. The city manager or his designee shall have
the authority to review and approve or reject requests for limited private encroachments into
public rights -of way, subject to consideration of the following criteria:
(a) Whether the request for a limited private encroachment is civic in nature (versus a
commercial request);
(b) The proximity of the proposed limited private encroachment to private property of the
requestor;
(c) The extent and scope of the proposed limited private encroachment, to include the
proposed construction/installation process for and the maintenance of the same;
(d) The impact of the proposed limited private encroachment upon the public right-of-
way, to include potential conflicts with any utilities, sidewalks, roadways, and any
issues with view and safety clearances;
(e) Future needs, whether planned or unplanned, with regard to the public right-of-way
proposed to be encroached upon;
(f) Liability issues; and
(g) Other considerations, as may be determined by the city manager or his designee.
Any requests for a limited private encroachment shall be in writing and, if required by the
city manager or his designee, made on a form or application promulgated by the city. The
requestor shall provide any and all information requested by the city manager or his designee,
at the requestor's sole cost, to enable the city to reasonably evaluate the request. The city
manager or his designee may approve or reject a request for a limited private encroachment
for any reason. Further, the city manager or his designee may require that the requestor
instead pursue formal approval for use of the public rights-of-way through action by the city
council. Additionally, the city manager or his designee may attach conditions to any
approval, including but not limited to the requestor obtaining any permits and or necessary
approvals required by this chapter (although the city manager or his designee shall have the
authority to waive any and all of such requirements). Any determination by the city manager
or his designee regarding any particular request for a limited private encroachment shall be
final and dispositive as to the particular request; provided, however, that such determination
shall be in writing and communicated to the requestor. Notwithstanding the foregoing, the
rejection or conditioning of any request for a limited private encroachment shall not preclude
the requestor from seeking formal approval for use of the public rights-of-way through a
license agreement or easement process.
Final agreement between the city and the requestor regarding the limited private
encroachment shall be documented in an encroachment agreement to be executed between
the city and the requestor. Such encroachment agreement shall additionally include a
requirement that the requestor, or the requestor's successors, remove the limited private
encroachment upon the reasonable request of the city for any reason, at the requestor's sole
cost and expense."
This Ordinance shall be effective as provided by law.
Introduced: April 18, 2017
Adopted: May 9, 2017
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Mayor
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Date
ATTEST:
City Clerk
Votes
Councilmember DeMarco
Aye
Councilmember Drummond
Aye
Councilman Greenfield
Absent
Councilmember Miller
Aye
Councilmember Schmidt
Aye
Councilmember Stehle
Aye