Concern ZIP
{[CNAME]}
145 Steele Street
{[CITY]}, {[STATE]} {[ZIP]}
716-483-7545
{[AWEBSITE]}
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City of Jamestown
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  • Contact Information
  • Encroachment
  • Work Description
  • Attachments & Fees
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Is the application for work being done on one parcel?
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Encroachment
An applicant is defined as an owner of property adjacent to the right-of-way, the property owner's authorized representative, or an authorized representative of a private or public utility who applies for a permit to construct, operate, use, and/or maintain a facility within the right-of-way for the purpose outlined within the application.
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If Other, Please Explain
Encroachment Information

CITY OF JAMESTOWN, NEW YORK
Encroachment Guidelines (C-3 Central Business District)
Permanent and Non-Permanent Encroachments

Intent
The intent of these guidelines is to create a safe and business friendly atmosphere throughout the central business district of the City of Jamestown, encouraging a vibrant and lively downtown area. Pedestrian activity and interest generated by sidewalk cafes and storefront displays will attract people to the central business district, encouraging them to patronize businesses throughout the downtown.

Location
These guidelines will apply in the C-3 Central Business District, as defined by the official Zoning Map of the City of Jamestown adopted on October 18, 1998. This area is presently considered the central business district of the city.

Allowed encroachments
Encroachments will be defined as non-permanent and permanent.

  1. Non-Permanent Encroachments:
    A non-permanent encroachment is an object that is not permanent in nature, not fixed or secured to the ground. The following are examples of non-permanent encroachments: tables; seating; signboards; planters; etc. (This list is not comprehensive) Although retractable awnings are attached to the buildings, for purposes of this Encroachment Application, retractable awnings will be considered non-permanent.
    1. Placement of Non-Permanent Encroachments: A five-foot wide strip to be determined on a case-by-case basis at staff level must be maintained on the sidewalk at all times to allow for pedestrian traffic, and a two-foot strip against the curb shall be designated for vehicular traffic.
    2. Any non-permanent encroachment is subject to the existing sign ordinance. If used for signage, it must be calculated in the total allowed signage area.
    3. Any non-permanent encroachment that overhangs any part of the sidewalk area, a vertical space of seven-and-a-half feet from the existing sidewalk level to a point above must remain clear of any fixed or attached portions of the encroachment. This area shall be free of any overhanging objects so as not to create a hazard to any pedestrian

  2. Permanent Encroachments:
    A permanent encroachment is defined as an object that is permanently left in place, anchored to the ground or building. The following are examples of permanent encroachments: Stairs and stairwells, fire escapes, canopies or any object that projects into the right-of-way that is permanently attached or fixed in-place.
    1. No permanent encroachments that project more than one foot into the right-of-way will be allowed on the front face of any structure.

Liability
All applicants with encroachments will provide liability insurance and hold harmless clause excluding the City of Jamestown from any liabilities regarding the encroachment(s). Liability insurance for $300,000.00 will be required for non-permanent encroachments. Liability insurance for $ 1,000,000.00 will be required for permanent encroachments.

Process
  1. A formal Encroachment Application will be submitted to the Building/Zoning Code Enforcement Officer declaring that the ground floor business wishes to use a portion of the sidewalk area for business purposes.
  2. The application must describe the intended use of the encroachment area and include a sketch of the proposed use showing the location of tables, chairs, planters, sales racks, overhanging sign, etc.
  3. The application must also be accompanied by proof of liability insurance covering the intended use, holding the City of Jamestown harmless. Coverage must be renewed annually, with proof of insurance provided to the Department of Development office by January 1.
  4. City staff, including the Director of Public Works, the Building/Zoning Code Enforcement Officer and the Principal Planner, will evaluate the intended use and its compliance with these guidelines.
  5. The staff will approve/disapprove the request.
  6. Appeals to staff decisions can be made to the City Public Safety Committee, if necessary.

The initial Encroachment Application applies to the business submitting the application. A new application must be made at a change of tenancy. A new application will be required if additional encroachments are to be added to the initial application.

Fees
An Encroachment Application fee of seventy-five dollars ($75.00) per calendar year or any portion thereof payable to the City Treasurer will be assessed to process the application and grant a Certificate of Appropriateness allowing the request. A yearly renewal fee of fifty dollars ($50.00) per parcel payable to the City Treasurer will be assessed to maintain records of liability insurance for all approved and recorded encroachments. Failure to renew by January 31st will require a new application

Maintenance
All applicants will maintain encroachments in good condition or be subject to appearance proceedings and fines.

For full codes and guidelines click here

Other, please specify
Gas
Storm Drain
Demolition
Pipe Size (Inch)
If hired by the City, Please explain
Fire Service
Other
Existing Conditions
Driveway
Subcontractor
None
Phone/Cable
Street
Geographic Location
Utility
Wacker/jumping jack
Sidewalk
City
Work Description
City
Sidewalk
Curb
Utilities Disconnect Sign Off
Bore under
Open Ditch
If none of the above, Please specify
If Other, Please specify
Roller
Curb
Other
Open cut - compaction method
Water
Curb Outlet
Other
All work performed on private property
New Construction in ROW:
Pipe
Storm Sewer - CB DI MH Pipe
Parking Lot Spaces
Residential
Hydraulic
Electric
Commercial (as-builts required)
CB
Contractor
Sidewalk/Curb
Anticipated Damage
Apron-Concrete Blacktop
Hired By:
MH
New/Replacement
Frame Size
Approved By
Discharge to:
None of the above
If excavated by city, Please specify
Parking Lot
If hired by another party, Please specify
Pipe Material
Street
Site Plan approved?
City
If Other, please specify
Other
Prior Inspection report Completed?
DI
Excavation By:
Sanitary Sewer
Property Owner
Sidewalk
Curb

Permit Costs

Type Fee
Right-of-Way Permit (ROW encroachment) $75.00
Right-of-Way Permit – sidewalk only $25.00
Parking Lot Permits
1 – 12 spaces $100.00
13 + spaces $150
Site Plan Review – Staff $100.00
Site Plan Review – Commission $150.00
Storm Sewer Connection
6” or less in diameter $60.00
Greater than 6” diameter $350.00
Pictures/Documents
  1. Parking lot approved Site plan (if applicable).

  2. Contractor signed report (if prior inspection report was completed).

  3. Proof of Current Liability Insurance Certificate and/or Excavation Bond if applicable.

Attachments
Fees
Type Full Name :
Sign With Hand
Contractor's Agreement
  1. The Contractor acknowledges their understanding of the City of Jamestown Standard Specifications and shall perform all work according thereto.

  2. Excavations shall be inspected by a Jamestown Department of Public Works representative prior to backfilling. Inspections must be scheduled in advance through the Jamestown DPW Office.

  3. All excavations shall be backfilled using select granular fill or flowable mortar and properly compacted to eliminate settlement.

  4. The Contractor shall be responsible for any damage caused by settlement to a temporary or permanent repair for five (5) years after the work has been completed.

  5. Contractor shall provide a temporary repair to damaged structures/pavement and maintain it in a safe condition until a permanent repair is completed.

  6. Contractor will be responsible for all costs associated with repair of damaged right-of-way structures, regardless of prior condition.

  7. The Contractor agrees that the information contained within this permit is accurate and complete. Any false information given by the contractor will be punishable by fine or suspension from obtaining future permits.

By signing below, the Contractor accepts and agrees to the conditions and terms of this permit.

Contractor's Signature