Chapter 12.10
RIGHT-OF-WAY USE REGULATIONS
Sections:
Article I. Obstructions
12.10.060 Traffic-control devices.
12.10.070 Violation – Penalty.
Article II. Mail Boxes
12.10.090 Location determinations.
12.10.110 Nonconforming receptacles.
12.10.130 Violation – Penalty.
Article I. Obstructions
12.10.010 Purpose.
It is the purpose of this article to regulate the use of the public rights-of-way adjacent to the improved or traveled portion of the public roads of the town of Hunts Point, Washington, in a manner to promote the public safety, the objectives of the comprehensive plan (Ordinance No. 57), to provide for pedestrian and vehicle safety, off-street parking, facilitate installation, repair and replacement of underground utilities, and to enhance the suburban, sylvan character of the town. [Ord. 529 § 1 (Att. A), 2017]
12.10.020 Documentation.
Permitted uses of the rights-of-way along the public roads of the town of Hunts Point shall be controlled and documented by the town engineer. The addition or change of driveway entrances, the location of all public utilities and any changes affecting storm water control shall require the prior approval of the town engineer. [Ord. 529 § 1 (Att. A), 2017]
12.10.030 Prohibited.
Except as hereinafter provided, no obstructions of any kind, including without limitation rockeries, landscaping (such as trees, shrubs, and wood-producing plants), or artificial structures, may be placed or maintained in the public rights-of-way by a private property owner within the following distances from the centerline of the improved roadway, as measured perpendicularly thereto: (1) 17.5 feet for Hunts Point Road; (2) 16 feet for all other streets or roadways. The foregoing limitations do not apply to gravel or grasses that are commonly used for residential purposes in the town. [Ord. 529 § 1 (Att. A), 2017]
12.10.040 Exceptions.
Notwithstanding the limitations imposed by HPMC 12.10.030, the following are allowed in the public rights-of-way:
(1) Driveway Entrances. Landscaping adjacent to a driveway entrance is allowed so long as obstructions or plant growth (a) are no higher than four feet above natural ground level; (b) are placed no closer than four feet from the edge of the road pavement; and (c) extend along the road no further than 20 feet from the centerline of the driveway.
(2) Trees. Trees that are higher than four feet above natural ground level, but which are not otherwise in conflict with the provisions of subsection (1) of this section, are allowed so long as the overhanging branches do not obstruct sight lines or otherwise create safety hazards to motorists, bicyclists, pedestrians, or other users of the roadway, as determined by the town engineer in his or her sole professional judgment and discretion.
(3) Resident’s Identification Signs. When house address numbers are not clearly visible from the public roads, each driveway shall be identified with a sign bearing a clearly legible street number and may contain the resident’s name. Such signs shall not be placed closer than four feet from the edge of the road pavement and shall not be higher than four feet above natural ground level.
(4) Town mail box pagodas are permitted as provided by Article II of this chapter and the location of the same shall be established by the town engineer. [Ord. 529 § 1 (Att. A), 2017]
12.10.050 Removal.
In the event the town engineer determines that obstructions have been placed or are being maintained within town rights-of-way contrary to the provisions of this article, he or she shall give notice in writing to the party in possession of the property adjoining the right-of-way where the obstruction exists, requiring removal of the same within 90 days of the date of such notice. In the event such obstruction is not removed or brought into compliance with the provisions of this article within such time, the obstruction may be removed by the town of Hunts Point and all costs incurred by the town in removing the obstruction shall be assessed as a lien against the property adjoining the same, enforceable as a lien under the laws of the state of Washington. A property owner may appeal the decision of the town engineer to the hearing examiner. [Ord. 529 § 1 (Att. A), 2017]
12.10.060 Traffic-control devices.
Nothing herein permitted shall in any manner be construed to restrict the town’s right under its police powers to place and maintain traffic control signs and devices in the public rights-of-way or to compel removal of any obstruction therein deemed by the town engineer to be dangerous to the public safety. [Ord. 529 § 1 (Att. A), 2017]
12.10.070 Violation – Penalty.
It shall be unlawful for any person, firm, corporation or association to place or construct any obstructions in and along the public rights-of-way of the town of Hunts Point in violation of the provisions of this chapter. Any violation of this chapter shall be deemed a misdemeanor and shall be punished by a fine not to exceed $500.00 or by imprisonment not to exceed 90 days or by both such fine and imprisonment. Each day that a violation is continued or maintained shall be considered a separate offense. [Ord. 529 § 1 (Att. A), 2017]
Article II. Mail Boxes
12.10.080 Purpose.
To preserve the public safety it is found to be necessary to minimize the locations of mail boxes, newspaper boxes and other delivery receptacles in and adjacent to all public rights-of-way within the town in order to assure that vehicles stopping on such rights-of-way to obtain deliveries shall do so only at locations which are prepared for that purpose and are determined to be the best locations from the standpoint of safety. [Ord. 529 § 1 (Att. A), 2017]
12.10.090 Location determinations.
The town engineer shall determine the safest location for the establishment of delivery receptacles in and adjacent to the public rights-of-way of the town. The engineer shall file with the town clerk a map designating such locations. The locations shall be selected and determined to provide adequate safety to users of the public rights-of-way, as nearly as may be under the existing circumstances. [Ord. 529 § 1 (Att. A), 2017]
12.10.100 Restrictions.
Upon the filing provided for in HPMC 12.10.090, it shall be unlawful for any person to erect, maintain, build or establish a delivery receptacle of any kind at any location in or adjacent to the public rights-of-way, except at those locations prescribed by the town engineer upon the map so filed. [Ord. 529 § 1 (Att. A), 2017]
12.10.110 Nonconforming receptacles.
Any delivery receptacle which shall be in existence at the time of filing the engineer’s map determining the permitted locations which is at a nonpermitted location shall be abated and removed within 60 days of the engineer’s filing at the owner’s cost and expense. If the nonconforming receptacle is not abated within that time the town may abate it at the owner’s expense. [Ord. 529 § 1 (Att. A), 2017]
12.10.120 Town duties.
The town shall cause to be erected and maintained, at the locations approved by the engineer, such pagodas or other structures as shall be required to hold delivery receptacles at such places with relation to the public rights-of-way as will promote the public safety. [Ord. 529 § 1 (Att. A), 2017]
12.10.125 Pagoda standards.
The town has developed applicable pagoda standards, which shall be adhered to when performing maintenance, construction, or reconstruction activity. [Ord. 529 § 1 (Att. A), 2017]
12.10.130 Violation – Penalty.
The ownership, construction, maintenance or use of a delivery receptacle in or adjacent to the public rights-of-way of the town at any place except those designated as herein provided is hereby declared to be a misdemeanor and is punishable by a fine of not to exceed $500.00 in addition to the abatement remedies above established. [Ord. 529 § 1 (Att. A), 2017]