Title 12 BUILDINGS AND CONSTRUCTION*
Chapter 12.04 GENERAL PROVISIONS
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)