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Huntsville Planning Commission Meeting Presentation on Use of Town Street Property. Revision One September 3, 2006. Use Of Town Street Easement Property. Depending on the street, Town owns: Approximately 20-35 feet of land on either side of paved streets
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Huntsville Planning Commission Meeting Presentation on Use of Town Street Property Revision One September 3, 2006
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?
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
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
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
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
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
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
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?
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
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
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
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?