§ 22-8. Temporary revocable licenses within public easements and rights-of-way

(a)

The city administrator, acting through authorized agents, is hereby granted the authority to take written applications for and to approve or deny temporary revocable licenses within the City of Fort Smith 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. Upon receipt of a written application for issuance of a temporary revocable license, the city administrator shall determine whether said request warrants review by the city's board of directors, or whether the determination to deny or issue the temporary revocable license should be made by the city administrator pursuant to the criteria and conditions set out herein. A temporary revocable license for any permanent building or additions thereto, pools (in-ground or above ground) or other immovable structure shall be approved by the city's board of directors.

(b)

With reference to any application for temporary revocable license, the city administrator shall provide 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 the application.

(c)

In deciding whether to deny or issue a temporary revocable license the city administrator 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 compatibility of the improvement with the city's unified development ordinances; the approval by all franchised utility companies, the health, safety and welfare of the public, and all relevant construction and fire codes. If the city administrator 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 city administrator shall grant the license.

(d)

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 city administrator. Upon thirty (30) days' notice from the city administrator, for any reason determined by the city administrator, the licensee shall remove the structure or improvements from the right-of-way or public easement at the licensee's sole cost expense and in a manner meeting the approval of the city administrator. The license 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.

(e)

(1)

The city administrator may deny or issue the requested temporary revocable license after consideration of the above factors. The city administrator shall give written notice of approval or denial of the applicant and to any interested person who has made a written request for a notice of decision on a specific application.

(2)

Any approval shall be designated as a "temporary revocable license" which shall specify the address and general location of the improvement, a description of the improvement, and shall include the conditions listed in subsection (d) above.

(f)

The applicant or any interested person may appeal the decision of the City administrator by filing a written notice of appeal to the board of directors within twenty (20) business days following the decision of the city administrator.

(g)

The terms of the temporary revocable license shall be deemed accepted by the licensee' initial or continued placement or maintenance of the improvement at the licensed location.

(h)

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 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 1-9 of the Fort Smith Municipal Code.

(i)

Emergency clause. It is determined an emergency exists as many properties within the city are burdened by or are located in the vicinity of public easements and rights-of-way such that real property development, including the installation of fencing, signs, landscaping, etc., cannot be accomplished without encroachment on to public easements and rights-of-way; and, an administrative procedure is needed to expedite property development within the city.

(Ord. No. 47-18, §§ 1—9, 6-19-18)