Agenda Item No.: G.2.a. C
Guidelines and Fee for Artwork on Public Road Rights-of-Way.
Recommendation:
1. That the attached Guidelines for
Artwork on Public Road Rights-of-Way
be approved.
2. That the one-time Application/License
fee of $375.00 per license be approved.


Report Summary
 These Guidelines are intended to advise
applicants of the Transportation and
Streets Department’s requirements that
should be met to place artwork on road
rights-of-way. The Department will
issue Licenses of Occupation for
requests that conform to the Guidelines.
was approved by the Transportation and
Public Works Committee.
In late 1999, the License of Occupation
and Interim License of Occupation
standard form agreements were revised
as a result of the Delegation of
Authority Bylaw.
At the February 9 &10, 1999, Utilities
and Public Works Committee meeting,
the following motion was passed:
That the Transportation and Streets
Department provide a status report to
the Utilities and Public Works
committee in one year indicating the
number of agreements entered into.
Report
Previous Council/Committee Action

The License of Occupation standard
form agreement was approved by City
Council in 1991. This standard form
agreement replaced three agreements
that were previously used. The
approved uses included:
a) locating and maintaining parking or
storage area;
b) landscaping or gardening;
c) erecting a wall or fence;
or combinations thereof.
 In 1995, the Guidelines and Fee
Schedule were approved by the Utilities
and Public Works Committee, the
License document was updated to
reflect the new provincial requirements
for environmental protection, and the
Interim License of Occupation standard
form agreement was approved.
 In early 1999, allowing free-standing
business identification signs as a use
Routing:
Delegation:
Written By:
March 13, 2000
File: 2000TS7542rev1

The Transportation and Streets
Department has been approached by the
Works International Visual Arts Society,
working in conjunction with the
Planning and Development Department
for the Art and Design in Public Places
Program as part of the Capital City
Downtown Plan, to allow artwork to be
placed within the 104 Street public road
right-of-way.

The Guidelines have been prepared to
outline the City’s requirements in broad
terms while allowing the artwork to be
as creative as possible.

The Transportation and Streets
Department will be included in any
artwork selection committee and will
reserve the right to refuse any artwork
that would not meet community
standards.
Transportation and Public Works Committee, City Council
Rick Millican, P. Eng.
R. J. Strynadka, Brice Stephenson, P. Eng.
Transportation and Streets Department
(Page 1 of 2)
G
2
a
C
Guidelines and Fee for Artwork on Public Road Rights-of-Way

A License of Occupation clarifies the
Licensee’s and the City’s
responsibilities.

Artwork on road right-of-way would be
added as one of the approved uses for a
License of Occupation.
Justification of Recommendation
1. The Guidelines indicate to potential
Licensees what will be required by the
City and will allow the Transportation
and Streets Department to process
requests in a timely manner.
2. The recommended application/License
fee of $375.00 per license, will allow the
Transportation and Streets Department
to recover most of the administration
costs associated with the review and
issuance of the License.
Background Information Attached
1. Guidelines for Artwork on Public Road
Rights-of-Way.
2. Artwork on Public Road Rights-of-Way.
Process and Additional References.
Background Information Available on
Request
1. License of Occupation standard form
agreement.
2. Interim License of Occupation standard
form agreement.
3. Guidelines and Fee Schedule for
Licenses of Occupation.
Others Approving this Report
Bruce Duncan, General Manager,
Planning and Development Department.
(Page 2 of 2)
Attachment 1
Guidelines for Artwork on Public Road Rights-of-Way
TRANSPORTATION AND STREETS DEPARTMENT
13th Floor, Century Place, 9803-102A Avenue
Edmonton, Alberta, T5J 3A3
GUIDELINES FOR ARTWORK ON PUBLIC ROAD RIGHTS-OF-WAY
Definition and Purpose
Artwork placed within public road rights-of-way will be considered if a number of criteria can be met, as
outlined in these guidelines.
The purpose of these guidelines is to provide criteria for the review of applications for the use of public road
rights-of-way (which may include sidewalks, boulevards, roadways or laneways) for the installation or
placement of artwork. These guidelines are primarily designed for use in the Downtown area but may be
applied across the City.
A general objective of the Capital City Downtown Plan approved in 1997 by City Council (Bylaw 11400) is
to “encourage the public and private sector to purchase and display art throughout the Downtown.” This is
partly accomplished in the Downtown through Art and Design in Public Places. The intent is to provide this
beautification without adversely affecting adjacent properties, vehicular access to adjacent properties, or
pedestrian movements along the right-of-way. These guidelines establish reasonable conditions to ensure
proposals for the use of public space are acceptable.
Required Approvals from the City of Edmonton
Preliminary Approval
1.
Upon receipt of a written or verbal inquiry, the Transportation and
Streets Department will meet with the applicant on-site to review
the proposal and to define the area available for use. If the
proposal meets these Guidelines, the Transportation and Streets
Department will provide a preliminary letter of support to the
applicant. If the proposal does not meet these Guidelines, the
Transportation and Streets Department will advise the applicant
and will suggest measures to make the proposal conform to the
City’s requirements.
Permission to Use the Road
Right-of-Way
2.
A License of Occupation must be entered into. The License
formalizes the temporary use of public right-of-way and establishes
certain conditions for the installation and future maintenance of the
artwork.
The License fee will be $375.00 and the License term can be set to
a maximum of 10 years.
3.
An On Street Construction and Maintenance (OSCAM) Permit
may be required depending upon the nature of the artwork and
how it will be installed. The applicant will be informed in writing
if this Permit will be required.
Attachment 1 – Page 1 of 7
Attachment 1
Guidelines for Artwork on Public Road Rights-of-Way
Other Required Approvals
Support from the Adjacent
Landowner(s)
4.
Proof of the support from the adjacent landowners must be
provided to the Transportation and Streets Department prior to the
proposal being circulated for review. This support must be for the
placement of the artwork next to their site, not for the artwork
itself. ***
Other Required Approvals (continued)
The Transportation and Streets Department will send written
notification to all owners within 60 metres (200’) of the
location(s). Any valid written objection to the proposal will be
reviewed and any unforeseen restrictions arising from these
comments may be included in the License agreement. ***
Support from the Affected
Community League, Business
Revitalization Zone, or Business
Association
5.
The applicant must present general written support from the
affected community league, business revitalization zone, and/or
business association to the Transportation and Streets Department.
***
*** Note for Guidelines 4 & 5: The Transportation and Streets
Department will review requests, complaints, or inquiries that
deal with the technical nature of the artwork and/or the artwork
location. The aesthetic characteristics will not be considered as
the cause to have a piece removed or relocated (see also
Guidelines 7, 17 & 18).
Utility Approval
6.
All affected utility companies, Departments, and agencies will be
circulated the proposal by the Transportation and Streets
Department for comment. Any conditions these groups may have
will be incorporated into the License of Occupation document to
be issued for each site.
7.
All artwork must meet the recommendations of the City of
Edmonton’s Safer Cities Initiatives in terms of public safety. A
summary of these initiatives is attached for reference.
8.
The maximum footprint dimensions will be defined by the
Transportation and Streets Department (prior to the announcement
of the artistic competition if applicable) on a site by site basis,
taking into consideration all requirements identified in these
Guidelines.
Guidelines
Planning/Design Considerations
Attachment 1 – Page 2 of 7
Attachment 1
Guidelines for Artwork on Public Road Rights-of-Way
Unobstructed Sidewalk Width
9.
All artwork must be free standing unless written permission is
produced indicating the artwork can be attached to an adjacent
building or structure. Artwork may be attached to a municipal or
utility facility if that facility’s function is not impaired.
10.
Structural analysis may have to be provided by the artist if the
artwork is deemed to possibly impact the City sidewalk/facility
caused by static, wind, or snow loads or by soil conditions.
Permission to place the artwork on the road right-of-way may be
denied if the structural support has not been properly designed, or
if the supports will interfere with existing or proposed utility
alignments or other municipal or private facilities.
11.
Service connections to the artwork will be permitted, but restricted
to being underground. The Licensee will be responsible for all
costs associated with providing the service to the location and for
all ongoing costs associated with the service. Additional
agreements may be required to authorize the installation and future
use of any service connection.
12.
A minimum amount of clearance is required to allow for the safe,
unobstructed movement of able-bodied and/or handicapped
pedestrians. Clearance is defined as the distance between all
items existing on the sidewalk, such as poles, trees, hydrants,
kiosks, benches, sidewalk café license areas, garbage enclosures,
approved newspaper box locations, parking meters, etc. The
required clearance varies with the average pedestrian volume in
an area, as follows:
minimal volumes:
minimum 1.5 metres;
most residential & industrial locations
medium volumes:
minimum 2.5 metres;
most commercial areas, near schools
high volumes:
minimum 3.0 metres;
Downtown, Old Strathcona
The Transportation and Streets Department, at its discretion, can
require additional clearance or reduce clearances on a location by
location basis.
Liability Insurance
13.
The applicant will be required to maintain General Liability
Insurance as a condition of the License of Occupation (minimum
of two million dollars coverage).
Location
14.
Artwork is not permitted where a service grate or other utility
access point exists.
15.
Hydrants and Emergency Response Department fire connections
must be unobstructed and accessible at all times.
Attachment 1 – Page 3 of 7
Attachment 1
Guidelines for Artwork on Public Road Rights-of-Way
General Restrictions
16.
Artwork will not be permitted in locations which, in the opinion of
the Transportation and Streets Department, may obstruct sightlines
at an intersection, or may cause any operational or safety problems
on a public right-of-way including legally permitted curb
crossings.
17.
Artwork will not be permitted adjacent to land that may have
incompatible land uses or development requirements.
18.
The artwork cannot be designed or intended to convey a
commercial advertising message in any way.
The artwork must be of a general benefit to the immediate area
and the neighbourhood, and cannot be solely installed for the
benefit of an individual business, group, person, or artist.
Maintenance Requirements
19.
While the Transportation and Streets Department will not
specifically object to an art piece if it meets the general
planning/design considerations, and will, as much as possible,
honour the selection of the jury (if applicable) or the applicant’s
wishes, the Department reserves the right to require the artwork to
be changed or moved forthwith as directed by the City if the
artwork does not conform to community standards.
20.
The Licensee must accommodate any development or
redevelopment of the adjacent land(s). Once a Building Permit
has been issued, the Transportation and Streets Department may
direct the Licensee to relocate, and/or temporarily or permanently
remove the artwork at the Licensee’s expense.
21.
The artwork must be designed to allow for temporary or
permanent removal or relocation upon 30 days written notice.
The Licensee will be responsible to remove any structural
supports if the City deems that the supports may cause short or
long term conflict with municipal and/or utility projects. The
Transportation and Streets Department will endeavour to provide
information to the Licensee concerning removal/relocation
requests as far in advance as possible.
22.
The Licensee will be responsible to ensure that the artwork is
maintained in a clean, sanitary, and safe condition and in good
repair. This responsibility includes repair caused by vandalism.
Any damage, graffiti, or other necessary repairs to the artwork
must be completed by the Licensee when notified by the
Transportation and Streets Department. The repairs must be done
diligently and in a workmanlike manner (preferably within 48
hours).
23.
The Licensee will also be responsible to maintain the area in and
around the artwork throughout the term of the License.
Maintenance of the area will include snow clearing, street
Attachment 1 – Page 4 of 7
Attachment 1
Guidelines for Artwork on Public Road Rights-of-Way
sweeping, and trash collection. This will reduce the possibility of
the artwork being damaged by private and/or City equipment or
personnel. The Transportation and Streets Department will not
object to this maintenance work being done by a third party
arranged for by the Licensee.
Site Restoration
24.
The Licensee will also be responsible to restore the License area
and/or adjacent property affected by the installation, relocation, or
removal of the artwork or related service connections to the
satisfaction of the City. The restoration must be completed within
20 working days of the occurrence of the disturbance and to be
completed to the applicable sections of the City’s Design and
Construction Standards Manual.
Abandonment
25.
The City can remove the artwork and service connections if they
have been abandoned and restore the License area and/or adjacent
property. Costs for this removal and restoration can be charged to
the Licensee.
Prepared by:
Transportation and Streets Department
February 14, 2000
ERP/ep
Attachment 1 – Page 5 of 7
Attachment 1
Guidelines for Artwork on Public Road Rights-of-Way
TRANSPORTATION AND STREETS DEPARTMENT
13th Floor, Century Place, 9803-102A Avenue
Edmonton, Alberta, T5J 3A3
LICENSE OF OCCUPATION APPLICATION FORM
Non-Residential Application
(includes all commercial, industrial, institutional, charitable, non-profit, religious & community applications)
Applications may be made in person at the 13th Floor, Century Place, 9803 - 102A Avenue between the hours of 8:00 AM and
4:30 PM, Monday through Friday. Information regarding your specific situation can be obtained by calling 496-3076. Facsimile
inquiries can be sent to 496-1071.
Date ____________________
Applicant's Name: ________________________________________________________________________________
Address: __________________________________________________________ PC _________________________
Licensee’s name (if different from applicant's name): ____________________________________________________
Mailing address (if different from address noted above): __________________________________________________
___________________________________________________________________ PC _________________________
Contact name: __________________________________ Tel. #: _______________ Fax #: ___________________
Description of proposed License area: _________________________________________________________________
________________________________________________________________________________________________
Proposed Purpose (please check as many as may be applicable):
____
Locating and maintaining a parking or storage area
____
Landscaping or gardening
____
Erecting a wall or fence
____
Erecting a wall or fence
and landscaping behind a noise attenuation facility


____
____
Erecting a free-standing business
identification sign
Placing artwork
Please attach the following to this application:
A non-refundable application fee, as outlined on the reverse side. Checks can be made payable to "The City of
Edmonton."
A sketch or plan of the proposed License area and any items which will be placed or constructed within the area.
For Office Use Only:
Application received: _____________________, 200__ By: ___________________ Receipt #: _____________
On-site meeting: ___________________________, 200__
Application approved: Yes____
No____
Comments or reason for refusal: ____________________________________________________________________
Documents sent to applicant:
______________, 200__ Documents returned:
______________, 200__
Documents sent to T.P.B. Mgr.:
______________, 200__ Documents returned:
______________, 200__
Documents sent to City Clerk:
______________, 200__ Documents returned:
______________, 200__
Executed documents sent to applicant:
_____________________, 200__
License fee invoiced: ______________, 200__
Amount $______________
Attachment 1 – Page 6 of 7
Attachment 1
Guidelines for Artwork on Public Road Rights-of-Way
GENERAL INFORMATION FOR LICENSES OF OCCUPATION
A. Upon receipt of this application form and payment of the application fee, the Transportation and Streets Department
will:
1. review the general area and determine adjacent land uses.
2. determine availability of area.
3. define the required setbacks.
4. review existing and/or potential safety problems with existing and proposed roadway facilities.
5. circulate the proposal to any affected civic and/or utility Department and/or agency for their review.
6. present the proposal to the adjacent land owners if a potential conflict is perceived. This may require
correspondence with the local community league and/or business association.
B. Should the proposal meet with the approval of the affected civic and/or utility Department and/or agencies:
1. The Transportation and Streets Department will prepare three copies of the License of Occupation and
forward the documents to the address indicated by the applicant.
2. the Transportation and Streets Department will have the documents executed when the documents and
insurance forms are returned and meet all the requirements. One copy of the executed License will be
returned to the applicant.
3. the License fee will be invoiced if it has not been paid by the time the documents are executed.
C. If the application is refused, the road right-of-way cannot be used. Use of the City road right-of-way or walkway lot
without authorization will result in enforcement action being initiated by the City of Edmonton.
FEE SCHEDULE FOR LICENSES OF OCCUPATION
USE
LOCATION
APPLICATION FEE
LICENSE FEE
Erecting a wall or fence and
landscaping behind a noise attenuation
facility.
Residential only
Not applicable
$10.00
All other residential uses
Landscaping, gardening, or erecting a
wall or fence
Residential only
All
$300.00
$300.00
$75.00
$75.00
Commercial, industrial, or
institutional
$300.00
10% of Market Value plus
land tax equivalent
Charitable, non-profit,
religious, or community
organization
$150.00
5% of Market Value
Locating and maintaining a parking
and/or storage area
Combination of uses
All
The higher of fees
associated with any of
the uses.
December 31, 1999
ERP
Attachment 1 – Page 7 of 7
Attachment 2
Artwork On Public Road Rights-Of-Way
TRANSPORTATION AND STREETS DEPARTMENT
13th Floor, Century Place, 9803-102A Avenue
Edmonton, Alberta, T5J 3A3
ARTWORK ON PUBLIC ROAD RIGHTS-OF-WAY
Process and Additional References
Process
The applicant must submit the following before the application will be reviewed:

letter(s) of support from the adjacent landowner(s).

letter(s) of support from the affected community league, business revitalization zone, or business association.

License of Occupation application (copy attached).

$375.00 cash or cheque (made payable to the “City of Edmonton”).
Once the application has been made the Transportation and Streets Department will:

determine if the area can be used to place artwork.

define the maximum dimensions and allowable weight.

review the model/presentation drawings of the artwork (in conjunction with the selection jury if applicable).

send notification letters to all landowners within 60 metres (200’).

circulate the proposal to all affected utility companies, Departments, and agencies.

coordinate the utility responses.

provide a letter to the applicant for the landowner(s) whose land the artwork will border.

review any structural analysis submitted for the artwork.

conduct a Corporate Registry search on the proposed Licensee.

send a response to the applicant.
If the comments obtained through the utility circulation and the public notification process indicate that the proposal
is acceptable, the Transportation and Streets Department will prepare the License documents and send them to the
applicant.
Additional agreements or permits may be required to allow the artwork on the road right-of-way or service
connections to the artwork, including but not limited to an OSCAM permit, a Utility Line Assignment Permit and a
Right-of-Way Access and Consent Agreement, or a Municipal Improvement Agreement.
The applicant has the Licensee (could be the same person or group) sign the documents and returns all of them to the
Transportation and Streets Department along with the insurance documentation. The City then signs the License
and an executed copy of the License is returned to the Licensee.
Service Contacts
The City is open to a wide range of artistic creations and concepts. Some of the designs may incorporate the use of
light, water, or other elements and require service connections for power, water, and/or natural gas. The following
service providers can be contacted at the following numbers:
AQUALTA (water): 412-3100
ATCO Gas (natural gas): 424-5222
Attachment 2 - Page 1 of 2
Attachment 2
Artwork On Public Road Rights-Of-Way
EPCOR (power): 412-4000
City Council approved the Design Guide for Safer Cities in 1995. This guide incorporated the concepts of Crime
Prevention Through Environmental Design (CPTED) and calls for enhancing safety and security through planning
and design factors. Two of the important principles are:

Awareness of the surrounding environment, and

Visibility by others.
The concept of providing artwork on public road rights-of-way to screen unsightly properties and/or to generally
enhance the aesthetics of a street allows for large pieces of art to be installed. While potentially large objects can be
attractive, the concepts of CPTED must be realized since the proposed artwork will be immediately adjacent to
sidewalks and private lands used by pedestrians. The impact of the artwork on the safety and security of pedestrians
must be minimized as much as possible and should reflect the following:
Unobstructed sightlines, adequate lighting and the avoidance of confined and hidden spaces.
Pedestrians must be able to see around, through, under, or over the artwork to see if danger exists. If this cannot be
done, lighting should be supplied to light potential hiding or entrapment areas. The artwork should not employ
spaces where a person could hide or confine another person. Spaces within the artwork could allow for natural
surveillance.
Visibility by others.
The ability to be seen by others increases a sense of safety. Lighting and/or the design of the artwork should allow
for visibility by passing motorists or other pedestrians. Inset spaces should be lit. If streetlighting does not exist, or
the artwork’s design interferes with the light from the streetlights, lighting should be provided so that a face can be
identified with normal vision at a distance of 15 metres. The use of more light fixtures with lower wattage should be
used instead of fewer fixtures with higher wattage to help reduce deep shadows. Light fixtures should be protected
from casual vandalism.
Natural surveillance of surface parking.
Many surface parking lots, being temporary facilities, are not lit and have minimal improvements. These lots should
be visible from nearby stores, residents, or people passing by. Sightlines must be maximized in these locations.
Downtown Parks and Open Spaces
Parks and open spaces should be visible from the street or surrounding office buildings.
This is a summary of the guide’s concepts as they apply to artwork on road rights-of-way. Further information
regarding the Design Guide and the CPTED concepts can be obtained through the Maps & Publication Sales staff of
the Planning and Development Department. Their number is 496-6160 and the office is located on the 2nd Floor,
MetroNet Tower, 10250 – 101 Street.
Prepared by the Transportation and Streets Department
February 3, 2000
Attachment 2 - Page 2 of 2