1. For any new development on a privately owned lot that includes ancillary and associated improvements proposed to be located on or projecting into and/or over right-of-way or Town-owned access tracts, the review authority shall first review, and if approved, require the lot owner to enter into a Revocable Encroachment Agreement with the Town that includes indemnification for the Town from liability that may arise from such encroachments.

2. The Planning Division shall be responsible for referring development applications with ancillary or associated improvement encroachments into the right-of-way or Town-owned access tracts to the Town Public Works Department and Fire Department, as applicable. If it is determined by Town staff that the encroachment is insubstantial, then the Planning Division shall finalize the Revocable Encroachment Agreement with the applicant. If the encroachments are determined to be substantial by Town Staff, the Lot owner shall request approval from Town Council, as a class 5 application, to allow the encroachments to be approved and for the Lot owner to enter into a Revocable Encroachment Agreement with the Town.

3. The encroachment agreement shall be in form and manner set forth by the Town and shall be recorded in the San Miguel County Clerk and Recorder’s Office at the applicant’s expense.

4. The encroachment agreement shall be executed and recorded prior to the Final Planning Inspection for any building permit or development permit.

5. In the event the encroachment is pre-existing absent an encroachment agreement, the Town will follow the same procedure outlined in 17.3.22(2) above.