§ 6.01.00. Right-of-way (ROW) protection.  


Latest version.
  • A.

    Except as herein provided, no encroachment shall be permitted into existing rights-of-way, except for temporary use authorized by the town. The following are allowed provided that no traffic or safety hazard is created by the placement or erection of same. If the town determines that a hazard exists, the item shall be immediately removed and/or relocated at the expense of the property owner or entity in control of the property:

    1.

    Mail boxes and newspaper receptacles;

    2.

    Decorative lighting that does not cause glare on or in the right-of-way;

    3.

    Landscaping;

    4.

    Driveways and aprons;

    5.

    Signs or markings indicating the street address of the property, but not commercial signs indicating the name or nature of a business; and

    6.

    Decorative fences not more than three feet in height

    B.

    Use of rights-of-way for public or private utilities, including, but not limited to, sanitary sewer, potable water, telephone wires, cable television wires, gas lines, or electricity transmission, shall be allowed subject to the placement specifications included in applicable existing or future town regulations.

    C.

    Sidewalks, recreational trails and bicycle ways shall be permissible in R-O-Ws.

    D.

    Applications to vacate ROWs may be approved upon a finding that all of the following requirements are met:

    1.

    The requested vacation is consistent with the comprehensive plan.

    2.

    The ROW does not provide the sole access to any property. Remaining access shall not be by easement.

    3.

    The vacation would not jeopardize the current or future location of any utility.

    4.

    The proposed vacation is not detrimental to the public interest.

(LDC Ord. of 1-9-2014)