12.04.040 Right-of-way encroachments--Inspections and fees.

A. Right-of-way use and private property accessories: The town’s rights-of-way shall be used for motorized and non-motorized transportation purposes, public utilities, roadside vegetation and access to adjoining private property. Private property accessories, including but not limited to, hard landscaping, and other items that may pose a hazard to the safe and convenient use of the town’s rights-of-way, shall not be installed or maintained in public rights-of-way. A clear zone of eighteen inches, measured from the pavement edge of the driving surface parallel to the right of way, shall be maintained free of any hard surfaced materials or obstructions.
B. Vegetation that encroaches on the town’s walkways may present a hazard to pedestrians. No flowers, shrubs or trees shall be allowed to overhang or prevent the free use of the walkway or roadway, except that trees may extend over the walkway when kept trimmed to a height of eight feet above the same. If the Public Works Director determines that any such vegetative encroachment is a hazard, the property owner shall be notified and shall remove the encroachment within fourteen days.
C. Removal of hazardous items: The Public Works Director will determine whether an accessory and/or vegetation in the public rights-of-way presents a hazard, and will so notify the property owner. After receiving such notice, the property owner shall cause such accessories to be removed within fourteen days. The Director may extend the removal period upon showing by the owner of special circumstances that require a longer time period to remove accessories.
D. Inspections and fees: All installations and/or repairs of driveways, residential storm drainage basins, connection to town storm drains, and placement of and type of drainpipes that involve town right-of-way and its restoration must be inspected by the Mayor or his or her designee. All fees shall be in accordance with the town’s fee schedule ordinance in effect at the time the permit is applied for. (Ord. 04-447 § 1(part), 2004; Ord. 04-437 § 1, 2004; Ord. 04-431 § 8 (part), 2004: Ord. 98-344 § 1)