The following words and phrases, when used in this article, shall, for the purposes of this article, have the meanings respectively ascribed to them in this section:

(a)   City means the City of Park City, Kansas.

(b)   Minor Street Privilege means any authorized or permitted private right in, on, under or over public streets, alleys or ways, separate and distinct from the general public use of streets, alleys and ways. As used in this article the term shall not apply to the short-time use of public space in connection with building construction, nor shall it apply to a public utility operating under a franchise granted by the City.

(c)   Minor Use Privilege means any authorized or permitted private right in, on, under or over dedications or easements acquired for drainage purposes, separate and distinct from the general public use of easements acquired for drainage purposes.

(d)   Permittee means a person in possession of a Minor Street Privilege or Minor Use Privilege. The term shall include the grantee of a Minor Street Privilege or Minor Use Privilege who, in such grant, shall be the owner or lessee of the private property abutting the encroachment, or the homeowners association that includes the owner or owners of the private property abutting the encroachment.

The enjoyment and use of Minor Street Privilege and Minor Use Privilege by the Permittee for private purposes, as hereinafter set forth in this article, shall be subject to regulations and permits as set forth in this Article.

Application for any Minor Street Privilege or Minor Use Privilege shall be submitted to the City Administrator or his/her designee by letter with appropriate drawings, plans or photographs attached.

On approval of the application for a Minor Street Privilege by the City Administrator or his/her designee or on approval of the application for a Minor Use Privilege by the City Administrator or his/her designee, and upon payment of the required fee, the permit shall be issued for a one (1) year period from the date of issuance by the City Administrator or his/her designee.

The City Administrator or his/her designee may, but is not required to grant one (1) year renewals of permits previously granted under the provisions of this article upon the payment of annual permit fees to the City Treasurer and continuation in force of surety bond and/or liability insurance for such renewals.

It shall be a condition of the use or enjoyment of any Minor Street or Minor Use Privilege that the Permittee shall save and hold the City harmless of any and all liability, claims or expenses of any kind caused by, or growing out of, the construction, maintenance, operation, relocation, discontinuance or abatement of such Minor Street or Minor Use Privilege.

Whenever, in the opinion of the City Administrator or his/her designee, the construction, maintenance or abandonment of a Minor Street Privilege or Minor Use Privilege permit is attended with the possibility of substantial damage or loss to the City, to other property owners, or to members of the public, the applicant for such Minor Street Privilege or Minor Use Privilege shall furnish to and file with the City Clerk a surety bond or provide proof of liability insurance that names the City as an additional insured and provides that the City will be given ten (10) days prior notice of cancellation, in an amount determined by the City Administrator or his/her designee to be sufficient to protect against such damage or loss; provided, however, that in all cases where previous special privileges for the use of streets and public places as provided for in this article have been granted by ordinance or resolution by the City Council and bond has been posted or proof of insurance provided under such ordinance, such bond shall continue in effect under the provisions of this article unless canceled by the surety upon such bond.

The cost of all restoration work, all adjustments made in connection with existing utilities and any other adjustments made necessary by the construction, maintenance, operation, relocation, or termination of any Minor Street Privilege or Minor Use Privilege shall be paid by the Permittee. All such restoration and other necessary work of adjustment shall be performed in accordance with the provisions of this Article and other ordinances of the City, or in the absence of a regulatory ordinance, shall, at the option of the City Administrator or his/her designee, be performed by the Permittee or by the City at the Permittee’s expense from funds deposited with the City by the Permittee as provided for under the provisions of this Article.

In case any Permittee shall fail to pay the annual permit fee, with accrued penalties, for any Minor Street Privilege or Minor Use Privilege within thirty (30) days after the same shall be due and payable, the City Administrator or his/her designee shall declare the privilege and permission terminated and shall immediately cause a notice of termination to the given the Permittee.

Upon termination of a privilege under the provisions of this Article, the City Administrator or his/her designee shall notify the Permittee to make all necessary arrangements for the discontinuance and abandonment of the privilege and make or cause restoration of the public property, all in accordance with the provisions of this Article.

If the Permittee shall fail to make arrangements promptly as required by the 13-310, the City Administrator or his/her designee is authorized to perform the necessary work and charge the expense thereof to the Permittee. In addition to the above cost, the Permittee shall be charged with proportionate permit fees for the period up to the date on which the work or restoration is completed.

It is unlawful for any person to make any use of a Minor Street Privilege or Minor Use Privilege unless permission for such use has been authorized in accordance with the provisions of this Article, and the use of any Minor Street Privilege or Minor Use Privilege is prohibited unless the permit fee is paid as provided in this Article.

Except as otherwise provided in this Article, the City Administrator or his/her designee shall have full control of the supervision, inspection and regulation of Minor Street Privileges or Minor Use Privileges. When the public safety or welfare shall require the temporary or permanent discontinuance or modification of a Minor Street Privilege or Minor Use Privilege, the City Administrator or his/her designee shall take all action necessary for the public interest.

The City Administrator or his/her designee is authorized to prepare and enforce reasonable rules and regulations to govern the carrying out of the provisions of this Article.

All Minor Street Privileges or Minor Use Privileges provided for in this Article are revocable for any reason or no reason at any time by the City Administrator or his/her designee or by the City Council. Upon any such Minor Street Privilege or Minor Use Privilege being revoked during a period of time for which a permit fee has been paid, the City shall tender to the owner the annual fee paid on a pro rata basis as determined by the City Administrator or his/her designee.

Any Permittee desiring a Minor Street Privilege or Minor Use Privilege permit approved under the provisions of this article shall, upon approval of application, pay a fee as required by this section. The annual permit fees for Minor Street Privilege or minor use permits shall be as set forth in this section. The minimum annual permit fee for Minor Street Privilege or Minor Use Privilege permits shall be twenty-five dollars ($25.00).

(a)   Scales for vehicles, docks or loading platforms, including steps and ramps, bridges from one building to another, buildings extended over or across and not supported by public property, ventilating and other ducts, roofs from one building to another, sidewalk elevators, coal holes, manholes and similar openings in, or structures on, under or over public property, per square foot of area occupied. $ 0.65.

(b)   Clock supported by public property, each, without advertising. $ 25.00.

(c)   Overhead hoist beams and cranes, each. $ 31.00.

(d)   Permanent flag poles supported by public property, each (not permitted in footway). $ 25.00.

(e)   Steps or landings on, under or over public property, per square foot. $12.50.

(f)    Tunnels for private use, per cubic foot. $ 0.20.

(g)   Tanks under public property, including necessary connection pipes and other appurtenances, per gallon capacity. $ 0.15.

The installation of any tank shall comply with the provisions of the Fire Code, Building Code and the zoning ordinances of the City as then existing. No new tank installation shall be made, nor shall any tank now installed on, above or below public property be used for the storage of a commodity with a flash point below one hundred degrees Fahrenheit (100ºF.), closed cup tester.

(h)   Vaults or subsurface spaces other than tunnels, per cubic foot. $ 0.05.

The space shall be measured from the private property line to the outside of the wall enclosing the space and from the floor of the space to the traffic surface.

(i)    Car tracks (private, not operated by common carrier), per linear foot of track. $ 2.50.

(j)    Pipe lines and conduits of one (1) continuous length not exceeding five hundred (500) feet in length and two (2) feet in diameter (not public utilities), per linear foot. $ 1.25 plus $.015 for each linear foot over five hundred (500) feet. Pipe lines and conduits over two (2) feet in diameter are not permitted except by special permission of the City Council who shall determine the annual permit fee.

(k)   Wires (not public utilities), per linear foot. $ 1.25.

(l)    Use of drainage dedications or easements for purposes such as gardens or fenced-in areas, per square foot. $ 0.03.

(m)  Erection of signs, per square foot. $ 1.00.

(n)   Wells, either supply or discharge, on public property, including necessary connection pipes and appurtenances, each. $ 25.00.

(o)   Uses not listed in this Section 16. As determined by City Administrator.

Any Minor Street Privilege or Minor Use Privilege permit authorized under this article shall be required to be accompanied by an administrative fee of seventy dollars ($70.00).

All permit fees established for the enjoyment of Minor Street Privileges or Minor Use Privileges shall be separate from and in addition to inspection, construction and other permit fees.

Permit fees and administrative charges, except for existing uses, shall be payable in advance prior to the issuance of the annual permit, and shall be for a term of one (1) year from the date of its issuance. The receipt for payment of such fee in each successive year shall constitute a renewal of the annual permit.

(a)   With the exception of the administrative charge as set forth in 13-317, no annual permit fee shall be paid for a Minor Street Privilege or Minor Use Privilege when the granting of such privilege is coupled with and is a part of the public requirement, or consideration for the taking of land by the City in connection with the City’s approval of a plat or lot split.

(b)   The administrative charge shall accompany the application when a waiver of annual permit fee is requested. The application for a Minor Street Privilege or Minor Use Privilege shall state the reasons for the waiver, and shall be accompanied by drawings, plans or photographs showing all encroachments and describing their nature and specifications. Upon the approval of the Minor Street Privilege or Minor Use Privilege by the City administrator or his/her designee, the appropriate drawings, plans or photographs shall be made a part of the permit, and the recipient of the Minor Street Privilege or Minor Use Privilege, by its acceptance of the Minor Street Privilege or Minor Use Privilege, shall be obligated to indemnify the City for any and all costs of removal of any unauthorized improvements not constructed according to the documents submitted and approved or not included in the Minor Street Privilege or Minor Use Privilege.

(c)   The permit fee for Minor Street Privilege and Minor Use Privilege, with the exception of the administrative charge as set forth in 13-317, may be waived by the City Administrator or his/her designee when he/she determines the project to be one involving public safety, economic development of the City, beautification or improvement of public property for public purposes.

(d)   No permit fee for the issuance of a Minor Street Privilege or Minor Use Privilege shall be required to be paid for use of public right-of-way that has been fenced for private use prior to annexation by the City for a period of ten (10) years from the date of enactment of this Article or for a period of ten (10) years from the date of annexation of land wherein fence is located prior to annexation that is subsequent in time to the enactment of this Article. A person making application for such Minor Street Privilege or Minor Use Privilege shall comply with all other provisions of this article in obtaining a Minor Street Privilege or Minor Use Privilege permit, including the requirement to post a surety bond and/or provide proof of liability insurance that names the City as an additional insured. A person, to be eligible for waiver of payment of fees herein, must make application for a Minor Street Privilege or Minor Use Privilege within six (6) months of the date of enactment of this article or within six (6) months of subsequent annexation of land wherein fence is located prior to annexation.

(e)   Any person aggrieved by the action of the City Administrator or his/her designee may appeal this ruling on the waiver to the City Council by requesting a hearing before the Council within thirty (30) days of notification of the decision of the City Administrator or his/her designee.

(a)   All encroachments on public streets, alleys or ways shall continue to be regulated in accordance with all applicable laws, provisions of City ordinances and City rules, regulations and policies. Nothing in this Article shall be construed to mean that permits for new encroachments will be issued when such encroachments conflict with other ordinances, rules, regulations and policies.

(b)   All encroachments on drainage dedications and easements acquired for drainage purposes shall continue to be regulated in accordance with all applicable laws, provisions of City ordinances and City rules, regulations and policies. Nothing in this Article shall be construed to mean that permits for new encroachments will be issued when such encroachments conflict with other ordinances, rules, regulations and policies.