Huntsville Planning Commission Meeting Presentation on Use of Town Street Property

1. Huntsville Planning Commission Meeting Presentation on Use of Town Street Property Revision One September 3, 2006

2. Use Of Town Street Easement Property • Depending on the street, Town owns: • Approximately 20-35 feet of land on either side of paved streets • Street easements vary between 66 and 99 feet • Width of street paving varies • Center of street paving is not always in center of easement?

3. Use Of Town Street Easement Property (cont.) • For many years, Town ordinances had no specific regulations covering use of Town’s portion of property • From a strict legalistic standpoint, nothing should be done on this property by residents unless approved by the Town • Over the years, Town has encouraged residents to plant and maintain grass on its property

4. Use Of Town Street Easement Property (cont.) • Town has not interrupted (actually encouraged) residents in planting trees on Town property • Town itself has planted numerous trees at a 15-20 foot setback

5. Use Of Town Street Easement Property (cont.) • Tree resolution (date __) formalized the tree planting regulations • New ordinances will included a Tree Title providing some specific requirements and obligations for the Town property • Specifies that the Town can remove any tree, plant or shrub from Town property hazardous to health or safety • References a Tree Standards and Specifications Appendix

6. Issues with Town Street Easement Property • Numerous lots have buildings, landscaping, fencing, signs, etc. at the boundary or on Town property • Reference survey results of 3 Sep 06 • Most of the buildings date back several decades • Historically the setbacks allowed building to the property line • Several newer buildings either obtained a variance or didn’t get permission

7. Issues with Town Street Easement Property (cont.) • Reference survey results of 3 Sep 06 (cont.) • The landscaping is a mix of new and old • The majority is well laid out and kept • Some properties contain large (moveable only by backhoe, etc.) rocks on Town property • Some trees or scrubs are blocking the view at intersections

8. Issues with Town Street Easement Property (cont.) • Reference survey results of 3 Sep 06 (cont.) • Several signs and numerous fences are on Town property • Mail and newspaper boxes are required to be at street-side • Some are quite robustly constructed • Several pillars and flag poles are at or near street-side

9. Considerations on Use of Town Street Easement Property • The current status of usage of Town street easement property would require massive alterations on the part of numerous property owners if a strict interpretation of the use of Town property street easement is enforced • What would be gained by demanding such changes?

10. Considerations on Use of Town Street Easement Property (cont.) • What are the true concerns? • Safety • Blockage of off-street parking, especially by emergency vehicles • Potential driving hazards • Structures near street-side should be break-away? • Large rocks need to be back far enough to minimize likelihood of collisions? • Obstruction of view on corners • Obstruction to snow plow or buffer space for snow accumulation

11. Considerations for use on Town Street Property (cont.) • What are the true concerns? (cont.) • Access to Utilities • Gas, water (culinary and secondary), electrical, phone, cable TV lines • Access/restoration could incur expenses far in excess of simple digging

12. Suggested Resolution • Revise the Tree or Parks titles in new ordinances to include regulations on use of Town easement portion of streets to include: • Landscaping, trees, rocks • Location of propane tanks • Structures • Driveways • Fences • Property owners need to be made responsible for access expense in excess of simple digging

13. Suggested Resolution (cont.) • Review all lots in Town and notify owners that need to make changes • Same approach that Town is considering on nuisances and alleyways • Handle all at one time?