Right-Of-Way Administrative Encroachment Permit
Updates to Encroachments
City Council approved amendments to the City Code related to encroachments on April 25, 2023. The amendment brought the King Street Outdoor Dining Permit, the Parklet Permit and all other administrative encroachments under a single permit. This makes the permitting process more streamlined and easier for applicants. Please click here for more information regarding the Right of Way– Administrative Encroachment Permit .
Renewal of Existing Outdoor Dining and Parklet Permits
City permit staff will be reach out directly to any current outdoor dining and or parklet permit holders to initiate the renewal of existing Outdoor Dining and Parklet Permits. All existing permits will need to be issued a new permit number due to Council creation of the new encroachment permit type. Staff will be reaching out to each permit holder to request a proof of currently liability insurance as well as an invoice to pay for the extension of the permit. Please remember that both Outdoor Dining Permits and Parklet Permits had reduced annual charges due to the Covid 19 pandemic. The Outdoor Dining fee was reduced to $0 and the Parklet Permit was reduced by 50%. The discounted rates end on September 30th, 2023. All new applications and renewals starting October 1 st and onward will have fees that reflect the end of the Covid 19 Pandemic Emergency.
General Information and Frequently Asked Questions
What Is Outdoor Dining and What are The Associated Design Requirements?
Approval of this Encroachment Permit would allow a restaurant to use the City’s public Sidewalk for outdoor dining Outdoor Dining. Information on how to apply for this permit can be found within a subsequent section of this webpage. Design Requirements for Outdoor Dining: Ensure your submission package and proposed encroachment meets the requirements outlined within the City of Alexandria Outdoor Design Guidelines.
What Is a Parklet and What are The Associated Design Requirements?
Parklets are an extension of the sidewalk into the parking lane to be used for extra space associated with a business, such as a restaurant or a retail establishment, or simply as open space and public seating. Parklets can be public (open to the public at all times) or commercial (used for a private business). Typical parklets use one or two parking spaces, but they may occupy more than that. The City of Alexandria currently permits three kinds of parklets. Information on how to apply for this permit can be found within a subsequent section of this webpage.
Types of Parklets:
- Annual Commercial Parklet:
- Can be in place permanently but must be removed as needed
- Annual cost relative to parklet length and location
- Anything that the business is permitted to sell can be sold in the parklet
- Must meet the Parklet Requirements
- Short-Term Commercial Parklet:
- Cannot be in place for longer than 6 days
- Annual cost is $100 plus $30-40 daily per occupied parking space
- Anything that the business is permitted to sell can be sold in the parklet
- Does not require a full build-out of a platform
- Annual Public Parklet:
- Can be in place permanently but must be removed as needed
- Annual cost relative to parklet length but more affordable than a commercial parklet
- Nothing can be sold in the parklet
- Must advertise it as open to the public at all times
- Must meet the Parklet Requirements
Design Requirements for Parklets:
- Parklets are authorized as permitted encroachments into public space. Per the City Code Section 5-2-29(j), parklets must comply with the City’s Parklet Requirements , approved by the Traffic and Parking Board in November 2021, and the Outdoor Dining Design Guidelines. This document includes details about:
- Location requirements
- Design requirements
- Maintenance requirements
- Insurance requirements
- Required outreach and approvals process
- Permit application process and submittal templates/examples
- Fees
- The Parklet Requirements also apply to short-term parklets (parklets in place for less than 7 days). Short-term parklets will accommodate short events such as sidewalk sales without requiring a full build-out of a parklet. Specific design requirements may not apply for short-term parklets and are noted in the Design Requirements.
How to Apply for an Encroachment Permit
You can get your encroachment permit approved by applying for an annual Right of Way– Administrative Encroachment Permit through the City’s APEX Permit Portal. This annual permit will include an Annual Charge that is based on the parameters and location of your encroachment within the City, as well as additional processing fees. Applications will be evaluated based on the date received, application completeness, adherence to the submission requirements. All encroachments within the City must comply with the Parklet Requirements and the Outdoor Dining Design Guidelines.
To apply, you must complete the following steps (further details are included in the full Parklet Requirements document):
Step 1: Outreach
- Garner the required approvals from the property owner (if not the applicant) and/or adjacent businesses (if parklet is proposed in front of another business)
- Provide notification to all businesses, neighborhood organizations (click here for list of email addresses ), and residents on the block where they are applying to host a parklet.
- The City will post a sign for 14 days at the proposed parklet location indicating a parklet is under consideration and inviting public comment
Step 2: Submit Permit Application(s) Documents into APEX
Application requirements (more details provided within the Parklet Requirements):
- Site Plan showing the location of the parklet
- Design Plan showing the design of the parklet and how it will be constructed
- Proof of Outreach and Notice as required in Step 2
- For a Letter of Support template to use, click here
- Certificate of Insurance
- Maintenance Agreement
- Commercial Use Details – Supplemental Application (only applicable for businesses using the parklet for sales)
Step 3: Approval and Installation
- After all reviewers have approved, fees have been paid, and the maintenance agreement is signed by all parties, T&ES Permit Office issues the permit
- The applicant installs their encroachment and calls for an inspection (All encroachments are to be inspected by T&ES and Fire Department)
Step 4: Annual Renewal
- The City will send a reminder about permit renewals 30 days prior to the permit expiring. The reminder will note that, if the permit is not renewed, the parklet must be removed by the date the permit expires.
- Permits will be approved for one year and can be renewed annually. If there are no changes to the design and location, the permit will be renewed upon payment of fees and submission of updated documents (insurance, maintenance agreement, etc.)
Cost of the Permit
Encroachment applications will pay an initial $100 Processing Fee and an Annual Charge upon first submission. The Annual Charge will be due annually thereafter. The Annual Charge shall be based on the square footage of public right-of-way that is encumbered by the proposed permit.
The Annual Charge for Parklets is defined below:
- Parklets that are open to the public at all times:
- i. $2.00 per square foot of occupied public parking space.
- Parklets that are for private use only:
- i. Within the King Street Retail Strategy area - $21.00 per square foot of occupied public parking space;
- ii. All other areas - $14.00 per square foot of occupied public parking space.
The Annual Charge for Short-Term Parklets is defined below:
- An initial $100 processing Fee and $30 per space per day for each non-metered parking space and $40 per space per day for each metered parking space occupied by the Short-Term Parklet.
The Annual Charge for Outdoor Dining in the Public Right-of-Way is defined below:
- $1.50 per square foot of occupied public sidewalk.
Encroachment applications containing only elements such as planters, benches and street furniture, rental bicycles, retail displays, steps/stoops/ramps, Parker Gray Historic District front fences, and projections upon architecture as outlined under City Code Section 5-2-29(b)(1)a., b., e., and f., as well as 5-2-29(b)(2)a., b., and c. shall pay no annual charges but an initial Processing Fee of $100.
Each annual renewal of the permit will be at no cost if the permit has not expired due to lack of evidence of the current certificate of insurance. A $100 Permit Processing Fee shall be due prior to issuance of any permit renewals if the permit expired due to lack of evidence of current certificate of insurance or payment of annual charge if applicable.
Liability Insurance Requirements
All Encroachment Permittees will be required to hold a minimum Liability Insurance policy. Our Risk Management team with Transportation and Environmental Services has put together guidance regarding the minimum acceptable liability insurance amounts for each type of encroach. Proof of an active policy must be submitted and approved by permit center staff prior to the approval of an Encroachment Permit. Further, the policy must be maintained throughout the life of the Encroachment Permit. Any lapse in coverage will result in the expiration of the associated Encroachment Permit and the permittee will be required to reapply for an Encroachment Permit and pay all applicable permitting fees. Risk Management’s guidelines can be found here City of Alexandria Insurance Requirements for Encroachment Permits.
Contact
For more information or comments regarding Encroachment Permits; please reach out to the Permit Center by phone at 703.746.4035.
Additional Resources and Information
Design Support
Check out these parklet designs from other cities’ parklet programs for inspiration.
Many local landscape architecture and design firms have expressed interest in designing these creative new public spaces. View a list of these firms and their contact information.
More Information on Short-Term Parklets
If you intend on hosting a Short-Term Parklet at some point between now and September 30, 2023, you will need to apply and pay for the Master Approval Permit (called a ‘Right of Way – Parklet Permit’ in our online permits system, APEX) in addition to applying and paying for Temporary Reserved Parking permits for each individual time that you want to host a Short-Term Parklet.
The permit application is pretty simple for the Short-Term Parklet Master Approval Permit and costs a one-time $100 fee (per year). You will need to submit a:
- Site Plan (very simple handmade drawing showing the parklet from an aerial view)
- Design Plan (very simple handmade drawing showing the parklet from a pedestrian’s point of view)
- Parklet Notice (signed; template attached)
- Maintenance Agreement (filled out and signed; template attached)
- Supplemental Application (filled out; template attached)
- Certificate of Insurance (details of mandatory coverage included under ‘Insurance Requirements’ in Parklet Requirements doc attached)
The Temporary Reserved Parking permits will still be obtainable in the same way and cost the same ($40 per metered parking space per day) as before.
Below are the conditions associated with the Master Approval Permit:
- This Master Approval Permit does not allow you to setup a Short-Term Parklet at any time—you must apply for and obtain separate Temporary Reserved Parking permits for the specific dates desired
- A business is limited to only 2 Temporary Reserved Parking permits per month, and a maximum of only 12 days total per month
- Short-Term Parklets shall not exceed location or sizing allowance; they shall not obstruct travel lanes, obstruct visibility, or impede pedestrian walkability, at any time.
- Access shall be maintained to crosswalks, bus stops, loading zones, and ADA ramps or access points.
- All Emergency Access Easements (EVE) must remain unobstructed at all times.
- The Parklet Host shall create a safe environment for patrons and the public.
- Parklets are permitted to have electrical services, but there shall not be any items (extension cords, underground feeds) crossing the public sidewalk that could cause a tripping hazard. The Parklet Host must obtain Fire Prevention Permits for any flame/gas items.
- The expiration date of the permit shall not exceed the expiration date of the Certificate of Liability Insurance (COI). The Parklet Host must provide an updated COI to Mobility Services and request an extension to the active Short-Term Parklet Master Approval Permit. All permits shall not exceed the program allowance dates.
- The Parklet Requirements also apply to Short-Term Parklets (parklets in place for less than 7 days). Specific design requirements may not apply for Short-Term Parklets and are noted in the Design Requirements section.
- Short-Term Parklets must ensure any barriers or furnishings are outside of the gutter pan (2-foot-wide space on the roadway along the curb) to allow water and debris to flow freely.
- If the Parklet Host intends to exceed the frontage of the Parklet Host’s business, the Parklet Host must obtain Letters of Support from any other properties to be fronted by the Short-Term Parklet.
- Short-Term Parklets are prohibited from being setup and in operation during event days (such as the Scottish Christmas Walk Parade) unless cosponsoring the event in question.
- This permit does not allow the Parklet Host to setup a Short-Term Parklet at any time. The Parklet Host must apply for and obtain separate permits for Temporary Reserved Parking for the specific dates requested. The Short-Term Master Parklet Approval Permit number must be included within the Description of each Temporary Reserved Parking request, and a copy of the approved Design Plan shall also be provided with each request as a supporting document.