SECTION 9 – LICENSE AGREEMENTS
TABLE OF CONTENTS
9.1 GENERAL 9-2
9.2 LICENSE AGREEMENT PROCESS 9-2
9.3 MAINTENANCE CONSIDERATIONS 9-3
9-3SECTION 9 – LICENSE AGREEMENTS
9.1 GENERAL
A license agreement permits a private party to encroach upon or construct site improvements within public property or ROW. The agreement is granted to an entity, typically a homeowner’s association, to construct landscape improvements such as subdivision entry features.
Private construction on public property or ROW is not permitted without an executed license agreement in place. Structures and planting shall be located outside of all easements and shall be set back from public utilities as required by the Director of Transportation Services and the City Engineer.
Design and construction of improvements covered under a license agreement shall be in accordance with the design criteria of this manual, specifically the provision for obstruction-free sight triangles at intersections.
A building permit will be required for the irrigation tap and meter.
If the proposed work covered under the license agreement is zoned as a Planned Unit Development (PUD), then the PUD requirements must be incorporated.
The applicant should refer to the following documents:
ð City of Round Rock Code of Ordinances;
ð City of Round Rock Design and Construction Standards (DACS); and,
ð Tree Technical Manual: Standards and Specifications.
Any landscaping that is not in compliance with City of Round Rock criteria or has been planted without an approved License Agreement from the City shall be removed by the sponsoring organization or individual at their cost.
In addition to landscaping and subdivision entry treatments, the following items to be constructed by the applicant within the public ROW shall be covered by a license agreement that states the applicant is responsible for maintenance:
ð Illumination;
ð Signs;
ð Walls and fences;
ð Aesthetic treatments such as surface finishes, concrete stain, or brick pavers;
ð Non standard pavement such as stamped concrete or pavers in crosswalks; and,
ð Private utilities.
9.2 LICENSE AGREEMENT PROCESS
License agreement applications are processed through the Planning and Development Services Office.
The first step is for the applicant to request a presubmittal meeting with the Planning and Development Services staff in order to present the initial request and discuss review procedures, applicable codes, and any potential problems with the request.
The applicant shall obtain and review the License Agreement Application Packet from the Planning and Development Services Office.
The applicant then submits a site development plan for the proposed site improvements. After the site development plans and construction documents have been approved, and a site development permit issued, the applicant may then submit a license agreement application to the Planning and Development Services Office.
Submit construction plans, completed application, and application fee to the Planning and Development Services office. The City will review, and when ready for signatures, contact the applicant. Once the applicant has returned the signed license agreement to the Planning and Development Services Office, it will be forwarded to the City Manager for execution.
The following items are required for processing the license agreement application:
ð A completed License Agreement Application;
ð A completed resolution form indicating who is authorized to sign the license agreement for the applicant;
ð An 8-1/2” x 11” sketch plan indicating the exact area to be licensed; and,
ð 3 copies of the License Agreement Construction Plans approved by Planning and Development Services, reduced to 8-1/2” x 11” sheets, and signed by a Professional Engineer Licensed in the State of Texas.
9.3 MAINTENANCE CONSIDERATIONS
The applicant i.e. adjacent property owner(s) or civic organization will be required to maintain the landscaping and other improvements covered under a license agreement. The applicant shall also be responsible for trimming tree limbs from trees located on private property, which cause an obstruction of the right-of-way.
The City reserves the right to prune or remove any vegetation, at the cost of the sponsoring organization or individual, as determined necessary for visibility and ease of maintenance.
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