Road Rights of Way And Obstructions

Similar documents
Ohio Township Association

Sagamore Hills Township Valley View Rd. Sagamore Hills, OH (330) Phone (330) Fax

SPRING BROOK TOWNSHIP 966 STATE ROUTE 307 SPRING BROOK TOWNSHIP, PA PHONE (570) FAX (570)

Townships and the County Engineer

SANILAC COUNTY ROAD COMMISSION ROAD POLICIES. A. Drainage, Base and Grade Construction (NON BITUMINOUS)

WATAB TOWNSHIP, BENTON COUNTY, STATE OF MINNESOTA. ORDINANCE #4 (Amended November 2014) AN ORDINANCE REGULATING TOWN ROAD RIGHTS-OF-WAY

DRIVEWAY/ACCESS PERMIT APPLICATION INSTRUCTIONS Douglas County Trunk Highways

Their Way? Your Way? or the RIGHT OF WAY!

MINNEHAHA COUNTY HIGHWAY DEPARTMENT HIGHWAY ACCESS APPLICATION & PERMIT

Electric Transmission Right-of-Way Usage Policy

ORDINANCE GOVERNING PRIVATE AND PUBLIC DRIVEWAY ROAD APPROACHES TO LIVONIA TOWNSHIP ROADS

CHAPTER 154 RIGHTS OF WAY

Upper Bern Township, Berks County, Pennsylvania Street Occupancy Permit Application

Title: ENCROACHMENT POLICY Number: 0132 Reference: Administrative Committee January 21, Adopted by City Council: February 2, 2009

HISTORICAL CREATION OF INDIANA ROADS (How To Determine Existing Right of Way) January 19, 2017 Jason McCort, P.S.

STATE OF OKLAHOMA TEXAS COUNTY PUBLIC SERVICE/PIPELINE OWNER. LINE INSTALLATION (Revised May 14, 2015)

IC Chapter 7. Real Property Transactions

KASSON TOWNSHIP PRIVATE ACCESS ROAD ORDINANCE ORDINANCE NO (EFFECTIVE: MAY 12, 2007)

Prairie Township Right-of-Way Regulations and Guidelines for Excavation/Construction Permits

Sign, Canopy: A sign attached to the underside of a canopy.

Committed to Service. License Agreement Application Form

ORDINANCE NO.: Adopted: August 2, 2005 Amended: March 27, 2007 Amended: September 23, Fillmore County Rural Addressing Ordinance

FINAL SUBDIVISION AND LAND DEVELOPMENT PLAN CHECKLIST. Plan Name. Applicant's Name:

ARTICLE 24 PRIVATE ROAD, SHARED PRIVATE DRIVEWAY AND ACCESS EASEMENT STANDARDS

Easements, Establishments, Abandonments and Vacations

JEFFERSON COUNTY, ALABAMA

Chapter 510 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES

Chapter 21. Streets and Sidewalks

GENERAL CONDITIONS APPLYING TO SUBDIVISIONS APPROVED BY THE PLANNING BOARD OF THE TOWN OF BETHLEHEM ALBANY COUNTY - NEW YORK

ORDINANCE NO. 782 AN ORDINANCE REGULATING THE USE AND OCCUPANCY OF THE RIGHT-OF-WAY OF THE CITY OF WASHINGTON, KANSAS.

APPLICATION FOR RIGHT-OF-WAY EXCAVATION PERMIT VIOLET TOWNSHIP

Short Title: Performance Guarantees/Subdivision Streets. (Public) April 28, 2016

R/W PREQUALIFICATION ODOT, 3/14/2018

Chapter 46 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*

CHAPTER 30 BUILDING CODE

CHAPTER 17 STREETS AND SIDEWALKS ARTICLE I TOWNSHIP ROAD OCCUPANCY PERMITS

ORDINANCE GOVERNING PRIVATE AND PUBLIC DRIVEWAY ROAD APPROACHES TO BECKER TOWNSHIP ROADS

SPRING LAKE TOWNSHIP SCOTT COUNTY STATE OF MINNESOTA ORDINANCE NO

CERTIFICATION OF THE APPROVAL OF WATER AND SEWERAGE SYSTEMS

GUIDELINES. RESIDENTIAL ENTRANCES To COUNTY ROADS

TITLE XV: LAND USAGE 150.BUILDING REGULATIONS 151.FLOOD DAMAGE PREVENTION 153.[RESERVED] 154.COMPREHENSIVE PLAN 155.SUBDIVISION AND ZONING CODE

CHAPTER 14: DRIVEWAYS, TOWN HIGHWAYS, AND PRIVATE ROADS

CHARTER TOWNSHIP OF KALAMAZOO KALAMAZOO COUNTY, MICHIGAN ORDINANCE NO. KALAMAZOO CHARTER TOWNSHIP SIDEWALK ORDINANCE

Authority of Commissioners Court

BEFORE THE MARION COUNTY BOARD OF COMMISSIONERS ACTING AS THE GOVERNING BODY OF THE EAST SALEM SERVICE DISTRICT ORDINANCE NO. 1174

GENERAL GUIDELINES ROAD SYSTEMS, MAPPING AND ADMINISTRATION

TOWN OF MARANA W. CIVIC CENTER DRIVE MARANA, ARIZONA PHONE: (520) FAX: (520) GENERAL INFORMATION

ORANGE TOWNSHIP SIDEWALK CONSTRUCTION, REPAIR AND MAINTENANCE POLICY

RESPONSIBILITY AND PROCEDURE FOR IMPROVEMENT AND MAINTENANCE OF DRAINS, DITCHES AND WATERCOURSES

CHAPTER 58 DRIVEWAYS

ARTICLE 23 CONDOMINIUM STANDARDS

M-43 CORRIDOR OVERLAY ZONE

The Surveyor of Clinton County has presented a proposed schedule of user fees for

-MENDOCINO COUNTY PLANNING AND BUILDING SERVICES- DIVISION OF LAND REGULATIONS TITLE 17

` Office of the. 1 Montgomery County Engineer

This Ordinance is adopted under the authority and provisions of the General Statutes of North Carolina, Article 6, Chapter 153A 121.

ACCESS MANAGEMENT ROSS COUNTY, OHIO

Signs along highways shall meet all of the requirements of the zoning districts in which they are located.

Prepared for the Board of Directors of the Green Trails Improvement Association. July, 1981

Attached is a Clinton Township Zoning Permit Application and requirements for issuance of a permit.

ELK RAPIDS TOWNSHIP ANTRIM COUNTY, MICHIGAN ORDINANCE NO

DEVELOPMENT POLICY INFRASTRUCTURE GUIDELINES FOR NEW DEVELOPMENT

Chapter 42 STREET NAME AND ADDRESSING Section 42.1 Purpose and Intent

HAMILTON COUNTY SECONDARY ROAD DEPARTMENT DRIVEWAY AND ENTRANCE POLICY EFFECTIVE NOVEMBER 28, 2017

City of Cedar Hill Gated Community, Private Street Development Guide

Fence Permit Application Information NOTE: Job is not to be started until permit is picked up and paid for.

PERMANENT EASEMENT AGREEMENT. good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, The Esther Harrison

APPLICATION FOR A SWIMMING POOL ENCLOSURE PERMIT

PONDS. A. Definitions.

PLYMOUTH PLANNING BOARD APPLICATION FOR A MINOR SUBDIVISION OR MAJOR SUBDIVISION

CITY OF HOLLYWOOD. Technical Advisory Committee Submittal Checklist. Guide to TAC Submittal Checklist. General Requirements:

ORDINANCE NO. Be it ordained by the City Council of the City of Abilene, Texas:

ENGINEERING CODE FOR SUBDIVISION DEVELOPMENT OF MEDINA COUNTY, OHIO BOARD OF MEDINA COUNTY COMMISSIONERS

Application for Preliminary Plat Checklist

New Private Way Ordinance Westbrook Planning Board Workshop , Planning Board Public Hearing Definitions

SUBCHAPTER 02C - SECONDARY ROADS SECTION SECTION SECONDARY ROADS

Chapter Sidewalk Construction and Improvement Standards

DIVISION 2 - CONSTRUCTION PLAN AND MISCELLANEOUS REQUIREMENTS

Right-of-Way and Easements for Electric Facility Construction

RULES AND REGULATIONS OF CLEARBROOK COMMUNITY SERVICES ASSOCIATION REVISED - FEBRUARY 2, 2016

SUBDIVISION APPLICATION CHECKLIST SKETCH PLAN PRELIMINARY PLAT FINAL PLAT

Bill of Rights. Cities of 5,000 or more population; adoption or amendment of charter

BEACH STORM DAMAGE REDUCTION EASEMENT

Tentative Map Application Review Procedures

Brief Summary of Drainage Law. November 2011

Chapter Plat Design (LMC)

SUBDIVISION AND LAND DEVELOPMENT. 185 Attachment 20

APPENDIX 7 SPECIAL NOTES FOR PLATS AND CONSTRUCTION PLANS

Easements, Establishments, Abandonments and Vacations

APPLICATION FOR A SWIMMING POOL ENCLOSURE PERMIT

BY THE CITY COMMISSION ORDINANCE NO.:

REGULATIONS OF WALLER COUNTY, TEXAS

ARTICLE 3 DEFINITIONS

CHAPTER 26 PLANNING AND ZONING ARTICLE VII. MOBILE HOMES AND RECREATIONAL VEHICLE (RV) PARKS. Recreational Vehicle (RV) Park Development Standards

ARTICLE 20 SIGNS. SIGN, AREA: The entire area of all sign faces, cumulatively, including sign faces on which no copy is currently displayed.

SECTION 10 STANDARD PLATS

Larimer County Planning & Building Dept. Procedural Guide for NON-RESIDENTIAL DISTRICT SIGNAGE Information and Requirements

GUIDELINES FOR BUILD OVERS

WHITEWATER TOWNSHIP PRIVATE ROAD ORDINANCE ORDINANCE NO. 32

LINCOLN COUNTY COUNTY ROAD STANDARDS AND ROAD POLICY

Transcription:

CEAO Superintendents & Mechanics Conference Road Rights of Way And Obstructions Chris Bauserman, PE, PS Delaware County Engineer October 14, 2015

Introduction Topics Road Right-of-Way Rights of others to R/W Obstructions in the R/W Road Drainage Signs Tree Trimming

Authority Ohio Revised Code Permissive Enabling OMUTCD Signs Pavement Markings Shall, Should and May

Road Right of Way Types of Right of Way Easement Most Common The right to use land owned by others for a specific purpose

Fee Simple Ownership By deed By plat

Road Right of Way Unrecorded Rights of Way no existing records original records are lost or destroyed original records do not specify dimensions Remedies for unrecorded rights of way Statutory Hearing/Declaration Process By donation By Court proceedings By Historical context

County and Township R/W For Construction, Re-construction and Maintenance of Public Roads Construction of ditches, pipes, tiles, culverts and bridges to drain public roads Keep the right of way free from Obstruction Placement of traffic control devices Others may use by permit

Types of Obstructions Trees, Brush and Vegetation Objects that create crash hazards Objects that obscure drivers and pedestrian vision Impediments to drainage Unauthorized and misplaced signs Any unauthorized object that restricts the public use of or public interest in the right of way

Obstructions in the Road Right of Way Examples cited in Township authority: fence, post, pole, athletic or recreational apparatus, rock, or berm, any vegetation, or any other object interfering with or obstructing the township road

Obstructions in the Road Right of Way Mailboxes Monument Mailboxes Damage to Mailboxes Policy for replacement

Obstructions Trees and Brush Trees and Brush removal proximity to pavement - safety block sight distance block signage interfere with maintenance interfere with construction

Removal of Obstructions 5547.03 Removal of structures constituting obstructions or interference. All persons, partnerships, and corporations using or occupying any part of a highway, bridge, or culvert shall remove obstuctions in highway by order of the county commissioners. If, in the opinion of the engineer, such persons, partnerships, or companies [corporations] have obstructed any such highway, bridges, or culverts, the board shall notify such person, partnership, or corporation directing the removal or relocation of the obstruction

Removal of Obstructions If they do not within five days proceed to so remove or relocate and complete the removal or relocation within a reasonable time, the board may do so by employing the necessary labor. The cost shall be certified to the proper officials to be placed on the tax duplicate against the property of such person, partnership, or corporation, to be collected as other taxes.

Obstructions Trees and Brush 5543.14 grants specific authority for removing trees, brush and vegetation the county engineer may trim or remove any and all trees, shrubs, and other vegetation growing in or encroaching onto the right-of-way of the county roads of, as is necessary in the engineer's judgment to facilitate the right of the public to improvement and maintenance of, and uninterrupted travel on, county roads. not required to compensate the abutting landowner for trimming or removing such trees, shrubs, and other vegetation as is necessary to facilitate these rights.

Tree and Brush Cutting Methods and Procedure By hand Mower or brush hog Boom Mower Advanced Notification Schedule / Deadline Disposition of Wood can depend on type of right of way

Obstructions in the Road Right of Way Blocked Culverts or Drainage Obstructions Can be removed under ORC 5547.03 Must be for a public necessity Not for an isolated private drainage problem

Road Drainage Road ditches are considered part to the road and subject to the various road improvement statutes

Road Drainage Roadway Drainage Surface Drainage Ditches Subsurface Drainage Storm Sewers and tile

Road Drainage Why is Drainage Important?

Road Drainage Enclosing ditches

Road Drainage No authorization to: Improve drainage from private property adjacent to the road Make drainage improvements beyond those related to a public road Intervene in private property drainage problems or disputes

Obstructions Outside of the R/W 5543.12 County engineer right of entry. The county engineer when authorized by the board of county commissioners or board of township trustees, may enter immediately: (A) Upon any adjacent lands for the purpose of opening an existing ditch or drain, or for digging a new ditch or drain for the free passage of drainage of highways;

Obstructions Outside of the R/W Upon any lands adjacent to highways, to remove any fence or other obstruction which causes snow to drift upon such highway and erect snow fences or other devices upon such lands to prevent the drifting of snow in or upon the highway.

Obstructions Outside of the R/W When lands are entered upon under section 5543.12 of the Revised Code, the county engineer shall agree with the owners of such lands, subject to the approval of the board of county commissioners as to the amount of compensation and damages If no agreement can be reached, proceed per eminent domain law through court

Driveways 5543.16 Construction and repair of approaches and driveways - cost. The owners of land shall construct and keep in repair all approaches or driveways from the public roads, under the direction of the county engineer (permit authority) Permits usually specify: Pipe size and Material Construction details Location Sight Distance, Safety

Road Right of Way Permits Public Utilities Permits Required County Commissioners shall approve permits on county and township roads Township may approve permits on Township roads Differences between Easements and Fee Simple right of way is important Fees?

Road Right of Way Utility permits can specify: Horizontal Location Offset from pavement, Ditches Structures Vertical Location Depth - underground Overhead clearance Impact on subsurface drainage

Road Right of Way Utility Relocation Can be required due to a. Safety b. Construction c. Maintenance Relocation at the cost of the Utility Company, for those located in the road right of way Relocation at the public agency cost, for those located outside of the road right of way

Recourse Without a Permit 5589.10 No person shall dig up, remove, excavate, or place any earth or mud upon any portion of any public highway or build a fence upon the same without authority to do so. Each day that such person continues to dig up, remove, or excavate any portion of the public highway constitutes a separate offense.

Recourse Without a Permit No person, firm, or corporation shall construct a walk or dig a ditch across a public highway outside any municipal corporation without the consent of the county engineer in the case of a county road Whoever violates section 5589.07 or 5589.10 of the Revised Code is guilty of a misdemeanor of the fourth degree.

Road Signs and Pavement Markings Shall be installed in accordance with the Ohio Uniform Manual of Traffic Control Devices (OMUTCD) Shall required Should -recommended May-permitted or allowed Available at: www.dot.state.oh.us

Road Signs and Pavement Markings Required Signs - Shall Regulatory Signs Stop Speed Limits (when reduced) Warning Signs Stop Ahead (with exception) Curve w/ recommended speed plaques (sometimes)

Advertising Signs no person shall place within the limits of the right-of-way any sign, poster, or advertisement within the right-of-way of any public highway outside of municipal corporations..or any object determined to obscure sight distance. Real Estate Signs? Political Signs?

Questions? Chris Bauserman Delaware County Engineer 740-833-2400 cbauserman@co.delaware.oh.us