Encroachment Agreement for Encroachments into City Owned or Controlled Land by Property Owners/Businesses
Property owners may apply for a permanent encroachment to use City owned and/or controlled lands. The following is a list of encroachments which the City may issue a permanent encroachment for. The list includes, but is not limited to, the following:
Hard, permanent landscaping features including retaining walls of any height made of rigid materials, such as stone or concrete
Canopies, awnings, balconies, etc.
Each application is reviewed and considered on a case-by-case basis. Submission of a completed application does not guarantee that an encroachment will be approved, and the City may decline to authorize an encroachment for any reason.
Applying for a Permanent Encroachment
To apply for a permanent encroachment, fill out the ’Application for Permanent Encroachment,’ and email the completed application to the Engineering and Public Works Department to the email address noted on the form. The application will be reviewed; and if found acceptable, the City will enter into a Permanent Encroachment Agreement with the property owner. A site visit may be required to inspect a permanent encroachment site or may require additional documentation to process the application. Applicants should anticipate that this process may take up to 6 weeks.
The following is a list of terms that are usually contained in the agreement, and the property owner will need to comply with the terms of the agreement. The terms of the agreement include, but are not limited, to the following:
Install the encroachment in a lawful manner including obtaining any necessary permits and approvals
Keep the encroachment in a safe, clean and well-maintained condition at all times and pay all expenses associated with the encroachment
Provide proof and maintain third party liability insurance coverage for the encroachment area with:
A reputable insurer acceptable to the City
A minimum per occurrence coverage of $5 million
The City named as additional insured
A 30-day cancellation provision that requires prior notice be given by the insurer to the City
Annually provide proof that the third party liability insurance coverage has been renewed
The encroachment is binding for life to the property unless the encroachment is removed, regardless of property ownership changes
Pay the annual permit fee associated with the encroachment
Remove the encroachment upon the City’s request and be responsible for all costs and expenses incurred for the removal of the encroachment
Encroachment must comply with all Federal and Provincial laws, as well as City Bylaws
The fees for the temporary encroachment vary depending on the square footage of the encroachment and the assessed value of the land per square footage as well as nature of the encroachment and how invasive the encroachment is. The applicant may also be required to pay a $75 application fee. GST will be added to all fees.
Permanent encroachments will not be permitted or approved for the following:
Create or have the potential to create a hazardous situation
Impede, obstruct, or damage utilities or result in their unsafe exposure
In a parkland
Within an emergency access
A Permanent Encroachment Agreement will, in no case, be construed as a waiver of the City’s rights in respect of the City owned and/or controlled property. The City reserves the right to direct the permanent encroachment be removed at any time on reasonable notice.