Section 1703. - Parklet permit required.
No person shall construct, install, operate or maintain a parklet without first obtaining a permit from the City of Tulsa, through the Tulsa Planning Office at the Indian Nations Council of Governments (INCOG) or through the self-certification process for temporary parklets set forth herein. The Tulsa Planning Office shall receive, review, consult with applicable departments of the City of Tulsa and either approve or deny all parklet permit applications. The Tulsa Planning Office shall develop and distribute to parklet permit applicants, a Parklet Permit Manual which shall set forth the terms and conditions which must be satisfied by applicants before a permit may be issued.
A. Parklet requirements. A person or entity seeking to construct, install, operate and maintain a parklet within the City of Tulsa, as well as a permit holder shall comply with the following:
1. An applicant requesting approval for the placement of a parklet shall complete an application form or self-certification form in the case of a temporary parklet and shall provide all information and other forms required as set forth in the manual, and as may be reasonably required by the Tulsa Planning Office.
2. A parklet may only be located within the following zoning districts: MX1, MX2, MX3, CS, CG, CH, CBD, IMX, and MPD.
3. The proposed location of a parklet must be within a City of Tulsa street which has a speed limit of twenty-five (25) miles per hour or less.
4. A parklet must be placed directly in front of and adjacent to an applicant's business or property.
5. The parklet must have at least four (4) linear feet of unobstructed horizontal clearance from any parklet edge to above-ground utilities, including pedestals, transformers and other surface-mounted facilities, loading zones or handicapped parking spaces.
6. Maintain unobstructed clearance to any overhead power line as required by the National Electric Safety Code (NESC), Table 234-1.
7. A parklet must be located within an on-street, full-time legal parallel or angled parking space. A parklet may be located within more than one (1) parking space.
8. A parklet must be located at least fifteen (15) feet from any fire hydrant and shall not be located within a fire lane.
9. A parklet must be located at least twenty (20) feet from any marked crosswalk, or thirty-five (35) feet from any block corner at any intersection without a marked crosswalk.
10. A parklet shall not block access to any above-ground or surface-mounted utility facilities, including, but not limited to, manholes, sewer grates, storm drains, gas meters, valve boxes, electric meters, signal boxes, or other fixtures and appurtenances necessary for the operation of a utility system, unless prompt access can be provided without removal of the parklet (e.g., a hatch or access door).
11. A parklet cannot be located within a travel lane.
12. A parklet must allow for a two-foot space between the outside edge of the parklet and any adjacent parallel parking space. A parklet must allow for two (2) feet of space between the outside edge of the parklet and any adjacent angled parking space.
13. A maximum horizontal gap of one-half (½) inch is permitted between the sidewalk and the parklet platform.
14. The outer edge of a parklet, being the street-side edge, must be set back a minimum of twelve (12) inches from the travel lane.
15. The parklet platform must be designed and constructed so that the parklet becomes an extension of the sidewalk.
16. The parklet platform must be designed and constructed to support one hundred (100) pounds per square foot.
17. The weight of the parklet platform should weigh no more than two hundred (200) pounds per square foot.
18. The parklet platform cannot exceed a two percent (2%) cross-slope.
19. All walking surfaces within a parklet and the entrance into a parklet must be a non-slip surface and must be weather-resistant to ensure pedestrian safety and accessibility.
20. The parklet platform and frame must be designed to allow rainwater to flow along the curb without obstruction. A minimum six-inch horizontal gap between the curb and the base of the parklet frame and a minimum two-inch vertical gap between the street surface and the bottom of the parklet decking material is required.
21. Parklets must be designed to provide access under the platform to allow for maintenance, repairs, and debris removal, by means of access panels, removable decking, or other means as approved by staff.
22. A three-foot wheel stop as approved by the Planning Office must be installed one foot from the curb at the edge of the front and back of the parklet in a parallel parking space.
23. The outside edge of the parklet closest to the street is required to contain a beam with a minimum cross section of 6" × 6", or equivalent.
24. The parklet is required to have reflective elements at all outside corners.
25. Parklets may be utilized year-round, but must be kept clean and clear of all leaves, snow, ice, trash, and debris.
26. Only the sidewalk-facing side of a parklet can be open to pedestrian access.
27. A parklet must have some form of a buffer on all non-sidewalk facing edges. Buffers must be between thirty-six (36) and forty-two (42) inches in height, measured from the adjacent sidewalk grade, and must be able to withstand a two hundred-pound horizontal force. A buffer cannot substantially impede the visibility of the street from the parklet. The buffer type and installation must be approved by the Tulsa Planning Office before installation, and may be planters, railings, cabling, or other approved structure.
28. Heating elements are allowed within a parklet but must not encroach on the street or sidewalk. Heating elements must be of the type permitted by the City of Tulsa Fire Marshal and must be temporary in nature and able to be quickly removed.
29. Free-standing umbrellas are permitted within a parklet and above the sidewalk if the opened portion of the umbrella is located at least eight (8) feet above sidewalk grade, the use of the umbrella is within the parklet area, the umbrella does not impede or impair the visibility of all traffic control devices, and the umbrella meets the sight triangle requirements of intersections required by ordinance. The base of the umbrella must be located within the parklet unless otherwise approved by the Tulsa Planning Office.
30. Overhead design elements are permitted only when there are no overhead facilities in proximity to the parklet and may require additional review and compliance with all applicable building codes.
31. The use of corded speakers or other amplified sound equipment is prohibited within parklets. The use of wireless speakers and amplified sound from an adjacent building are permitted, but the volume may not exceed sixty-five (65) decibels within the parklet. All parklets are subject to all applicable noise ordinances of the City of Tulsa, including Section 1400 of Chapter 14, Title 27, TRO.
32. Alcoholic beverages are not permitted within private or public parklets, except as permitted by local ordinance, state law, and the regulations of the Alcoholic Beverage Laws Enforcement Commission (ABLE Commission).
33. A parklet, including a sidewalk extension, must comply with the Americans with Disabilities Act of 1990, as amended ("ADA") as well as the ADA accessibility requirements set forth in the Manual.
34. If a parklet is used as a sidewalk extension, at no point may the parklet be less than five (5) feet wide.
35. If for any reason a parklet which is serving as a sidewalk extension is taken out of use, the adjacent sidewalk shall immediately be cleared by the permit holder to accommodate pedestrian traffic.
36. An applicant shall provide an initial site plan as required in the manual.
37. An applicant shall provide documentation of community support from property owners adjacent on each side of the applicant's property and two (2) letters of support from property owners or business owners on the same or an adjacent block, whether a new permit application or a permit renewal.
38. An applicant shall provide a certificate of insurance evidencing current insurance general liability coverages provided by an insurer authorized to transact insurance business in Oklahoma, at the time of submission of a new application or at the time of submission of a renewal application, with the following requirements:
a. Commercial General Liability Insurance with policy limits of not less than One Million Dollars ($1,000,000.00) of coverage, per occurrence, covering claims for bodily injury, death, or property damage, including claims related to the parklet area and the operation and use thereof.
b. Each required insurance policy shall provide by endorsement that thirty (30) days' prior written notice of cancellation shall be delivered by the insurer to the City, except that ten (10) days' written notice of cancellation shall be provided by the insurer due to non-payment of premium.
c. Permit holders shall furnish a replacement Certificate of Insurance to the Tulsa Planning Office when any required insurance policy expires or is canceled, so that insurance coverage is continuous.
d. All Certificates of Insurance submitted must be approved by the Tulsa Planning Office. Any deficient Certificates of Insurance must be corrected as required by the Tulsa Planning Office. If any issue arises as to insurance coverage submitted by an applicant or permit holder which cannot be resolved by the Tulsa Planning Office, the matter shall be referred to the Office of the City Attorney for review and further requirements.
e. The holder of a permit shall not cause or allow the required insurance policy to be canceled or to lapse without securing replacement insurance coverage so that there is no gap in coverage, and a parklet permit holder shall notify the Tulsa Planning Office of any change in insurance coverage within fifteen (15) days of such change. Failure by a parklet permit holder to maintain the required insurance coverage(s) is a violation of the conditions of approval of the parklet permit and may result in consequences up to and including revocation of the parklet permit.
39. An applicant shall indemnify and hold the City of Tulsa, its officials, officers, employees and agents harmless as to any liability, claims, causes of action, judgments or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the permit holder, its subcontractors, any person or entity directly or indirectly employed by them, and any person or entity for whose acts or omissions they may be liable, arising out of the permit holder's use or occupancy of the public place.
40. An applicant/permit holder must comply with any other requirements or restrictions set forth in the manual, including payment of required fees.
B. Initial parklet permit application. An applicant, with the exception of an applicant utilizing the self-certification process for a temporary parklet, shall prepare and submit an initial parklet application, together with the documentation required in the manual, including an initial site plan and applicable fees. Staff will review the application and will make a visit to the location of the proposed parklet to view existing site conditions.
C. Parklet design development. Upon review of a completed initial parklet permit application by the staff of the Tulsa Planning Office and the City of Tulsa and written approval of the application, the applicant may begin the design development of the parklet. The applicant is required to submit sealed and stamped drawings and plans for the parklet from an engineer licensed in the State of Oklahoma. Compliance with all technical standards, including, but not limited to, structural integrity, design requirements imposed by this chapter or the manual, ADA compliance, and stormwater requirements are the responsibility of the designing professional. In addition, the applicant must provide all documents and information required by the manual concerning parklet design development, including required final site design documents. The applicant must display a written notice to the public in a window or other conspicuous place facing the location of the proposed parklet for at least ten (10) days after the design review by staff has been initiated, and within five (5) days after being directed to do so. The form of the notice must be approved by the Director of the Tulsa Planning Office, or their designee. Staff will provide notification to the Mayor and the City Councilor for the City Council district where the parklet is proposed to be located. Staff will review the application and all required information, plans, drawings and design documents to ensure compliance with applicable standards required by this chapter and the manual. If the application is in compliance with the standards required by this chapter and the manual, the application shall be approved. If the application is not in compliance with the standards required by this chapter and the manual, the application shall be denied. If the parklet application is approved, the applicant may begin construction, fabrication and installation of the parklet in accordance with subsection "D" below. A decision will be made within thirty (30) days after submission of a complete permit application and all required plans, drawings, documents and information. A permit must be kept and displayed on permit holder's premises at all times.
D. Fabrication and installation. The fabrication and installation of the parklet shall be in strict compliance with the approved design and the requirements and standards as set forth in this chapter and the manual. The parklet must have the ability to be installed and removed in one twenty-four-hour period. In addition, a parklet shall not be attached to or damage the street. Any repair or restoration to the street right-of-way due to the installation or removal of a parklet shall be made by the City of Tulsa at the sole expense of the parklet permit holder. The City of Tulsa will inspect the completed parklet for compliance with submitted and approved plans, structural integrity and compliance with all other applicable requirements, regulations and restrictions. All deficiencies noted during an inspection must be corrected prior to use of the parklet or the permit may be revoked. The permit holder must also obtain any required City permits that may be required to allow for construction of the parklet.
E. Renewal applications. A person or entity that was issued a permit in the preceding year and is in good standing as a permit holder shall submit a renewal application in such form as is approved by the Tulsa Planning Office together with the renewal fee. Each permit expires at 12:00 a.m. on April 1 of each year. A permit cannot be assigned or transferred. In the event of a change of ownership of the parklet, a new permit must be obtained. Written evidence of a transfer of parklet ownership shall be required for the issuance of a new permit.
F. Temporary parklets. An Applicant may prepare and submit a temporary parklet self-certification form to attest they meet all requirements as set forth in this chapter and the Manual and are responsible for and will adhere to these requirements for the duration of the temporary parklet authorization. Businesses applying for a temporary parklet permit may commence operations on a provisional basis upon submission of the self-certification form to the Tulsa Planning Office, submission of photographs of the proposed temporary parklet location from the street facing the proposed temporary parklet location as well as each side of the proposed temporary parklet location parallel to the street, and the required valid certificate of insurance. Staff will make a visit to the self-certified temporary parklet site to view existing site conditions and can require changes to ensure compliance with program requirements. Temporary parklets shall be in strict compliance with the approved design and the requirements and standards as set forth in Section 1704(A), numerical paragraphs 1—12, 14, 24—35 and 37—40 of this chapter, as well as all other requirements or restrictions as set forth in the Manual. Upon Staff review and approval of the self-certification form, insurance certificate, photographs of the proposed temporary parklet location as required, payment of required fees, and any other requirements set forth in this chapter or the Manual, Staff may issue a temporary parklet permit. The Applicant shall also submit photographs of the temporary parklet location from each side of the parklet to the Tulsa Planning Office within five (5) calendar days after installation of the same. A temporary parklet permit may be suspended or revoked by the Tulsa Planning Office if a temporary parklet is not in compliance with this chapter and the Manual, and such compliance is not achieved within twenty-four (24) hours after notice of such deficiency is delivered to the Applicant/Permit Holder by the Tulsa Planning Office.
G. Permit Conditions and Revocation. The issuance of a Permit does not create a property right in the Permit Holder beyond what is specified in this chapter. A Permit is temporary in nature and can be revoked by the City of Tulsa at will, for any reason. Parklets must be maintained within the confines of the parklet location shown on the approved plans at all times. The City of Tulsa may deny, restrict, or revoke a Permit at any time for a violation of this chapter in the event that the issuance or continuation of a Permit does not provide a public benefit, or the parklet is impeding or blocking access to public facilities, including utilities. The Fire Marshal, City personnel, utility franchise holders and right-of-way occupants my request the revocation of a Permit due to instances where the parklet is a hazard or fire danger or interferes with utilities. An encroachment placed, allowed or maintained within the public right-of-way by a Permit Holder which is contrary to the terms of the Permit, this chapter or the Manual shall constitute a public nuisance, to be enforced in accordance with Title 24, TRO. Upon notice, the Permit Holder shall remove the encroachment or the Permit may be revoked. In the event of a revocation of a Permit, the parklet must be removed by the Permit Holder within twenty-four (24) hours after receipt of the notice of such revocation, at the sole expense of the Permit Holder. If a Permit Holder desires to make any changes to a parklet after a Permit has issued, a Parklet Amendment form must be submitted with applicable fees. Approval of the requested amendment must be obtained before any alteration or modification of the parklet.
H. Removal of parklet. The City of Tulsa will endeavor to provide advance notice to Permit Holders when possible in the event that a parklet must be removed from the right-of-way for an event, construction, utility maintenance or access, or any other reason. A date for removal of the parklet will be provided, and if the parklet is not removed by the stated date, the City of Tulsa will remove the parklet at the expense of the Permit Holder. If the event of an emergency, the City of Tulsa may move or remove the parklet to preserve public health and safety. If the City of Tulsa moves or removes a parklet in the event of an emergency or if the Permit Holder fails to remove the parklet after notice to do so, the City of Tulsa will incur no liability for damage to the parklet, loss of revenue or liability for any other reason.
I. Request for Reconsideration; Appeal. An aggrieved party ("aggrieved party" being an adjacent business or property owner within three hundred (300) feet of the proposed parklet, or an Applicant whose parklet application was denied, and referred to in this subsection as "appellant") may request a reconsideration of a Permit decision. A request for reconsideration of a Permit decision shall be made to the Tulsa Planning Office, by submitting a reconsideration application in such form as approved by the Tulsa Planning Office within ten (10) calendar days after the date of the original Permit decision or the appeal will not be acted upon. The appellant must: (1) identify the Permit application that is requested for reconsideration by the Permit number and the address of the parklet as set forth in the Permit application; (2) the specific objections to the original decision of the City of Tulsa; and (3) the specific actions being proposed by the applicant/appellant that could change the Permit decision. A decision concerning the reconsideration of a Permit decision shall be made within fifteen (15) business days by the Director of the Tulsa Planning Office, or their designee, after the application for reconsideration is received. The Director of the Tulsa Planning Office, or their designee, shall either affirm the original Permit decision or shall reverse the original Permit decision. If the original Permit Decision is affirmed after reconsideration, the appellant may appeal the Permit Decision to the City Council by submitting a complete appeal application in such form as is approved by the City of Tulsa to both the Tulsa Planning Office and the Office of the City Clerk. The appeal of reconsideration of a Permit decision must be submitted in writing within ten (10) calendar days of the date of the reconsideration decision, or such appeal will not be heard by the City Council. The appellant must: (1) identify the Permit application that is the subject of the Appeal by the Permit number and the address of the parklet as set forth in the Permit application; (2) the specific objections to the original decision of the City of Tulsa; and (3) if applicable, the specific actions being proposed by the applicant/appellant that could change the Permit decision. The City Council will schedule the appeal within thirty (30) calendar days after the appeal is received by the City Clerk.
J. Approval of the Manual and Amendments. The Parklet Permit Program Manual, dated June 2020, is hereby approved. The Director of the Tulsa Planning Office is authorized to revise the Manual to ensure compliance with amendments to this chapter and to make such amendments to the Manual that the Director deems is beneficial to the administration of the Parklet Permit Program which do not conflict with this chapter, without amending this chapter by ordinance. The Manual shall be re-dated as of the date of any amendments, and a current copy of the Manual shall be maintained by the Director in the Tulsa Planning Office and in the Office of the Tulsa City Clerk.
(Ord. No. 24399, § 1, 6-17-2020; Ord. No. 24437, § 1, 9-2-2020)
