4E, Planning Case 11-018 - Approval of the Right-of-Way Maintenance Ordinance

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2 At the July 18, 2011, City Council work session, Staff presented a draft of a new section of Chapter 3 that would address the concerns raised at the December meeting. The Council discussed the ordinance, suggested revisions, and directed Staff to bring the item back at a regular Council meeting. The minutes from this meeting are included as Attachment A. Discussion Typical ROW dedications are 60 feet in width, though most roads are around 30 feet wide. As a result, there are usually ten to fifteen feet of unimproved, or boulevard, area between the edge of a roadway and the adjacent private property. Cities use this boulevard area for snow storage, placing of utilities, sidewalks, and drainage. Even though the boulevard is part of the dedicated ROW, it is the responsibility of adjacent property owners to maintain this area, in addition, adjacent property owners are allowed to place certain items in the ROW that do not conflict with the City's use of it. Such items include driveways, mailboxes, certain plantings, invisible fences, etc. The purpose of the proposed ordinance is to clarify what items residents may place in the boulevard in front of their properties, and what items are prohibited. The ordinance also outlines the requirements for tree planting in the ROW, and clarifies that residents are responsible for the maintenance and, when necessary, removal of trees in the ROW adjacent to their properties. In sum, the proposed ordinance involves three key aspects: 1. Defining the Right of Way; 2. Outlining the responsibilities of residents in terms of maintaining the boulevard adjacent to their property; 3. Clarifying the City's responsibilities in terms of ensuring the safe and efficient use of the right of way. Since the July work session, Staff has revised the new ordinance in accordance with Council comments. A black -lined version of the proposed ordinance has been included as Attachment B. Please note that only those sections of Chapter 3 proposed to be amended have been included with this report because of the length of the Chapter. The bulk of Chapter 3 deals with the use of the ROW by utility companies, and others, doing large scale excavation and other work. The proposed ordinance amendment impacts four sections of the City Code: 1. Add Section 360.30 to Chapter 3 addressing the maintenance of the ROW; 2. Remove language that pertains to maintenance of the ROW from Chapter 7 and consolidate it into Chapter 3 within the new Section 360.30; City of Arden Hills City Council Meeting for October 10, 2011 P: IPlanning\Planning Cases12011111 -018 - ROW Management Ordinance (Pending)107- 18 -11- CC Work Session - Memo.doc