HomeMy Public PortalAboutPolicy on Right of WayINTER -OFFICE MEMORANDUM
TOWN OF GULF STREAM, FLORIDA
OFFICE OF THE TOWN MANAGER
E. SCOTT HARRINGTON 6,tM
DATE: February 5, 1993
TO: Mayor Koch and Town Commissioners
RE: Right -Of -Way Policy Update
As you requested, letters were mailed to all property owners with rocks and other hard
objects located in the right-of-way. Most residents have removed their objects and those
that have not are being contacted again to bring about compliance. As a last resort,
Town staff will remove the materials.
To date, research on the issue of objects in the right-of-way suggests that nothing other
than low landscape materials and mail boxes should be permitted within 6 feet of the
edge of pavement. Under Florida State Statutes, the Town is required to comply with this
standard unless, upon sound research, we deem some other standard appropriate.
Such research would have to be conducted by a qualified professional (i.e. a traffic
engineer), and most of the traffic engineers I have spoken with do not believe they could
defend a less restrictive standard.
As expected, some residents, particularly those on corner lots, have complained that
vehicles are running off of the pavement and over their sod. The only legally defensible
alternative to the rocks, buttons and pyramids would be to construct curbs. However,
this solution can be expensive in addition to creating drainage problems.
It is unfortunate that so few options are available. I will continue to monitor what other
communities are doing, but until then, I believe we must go with this standard.
Accordingly, I recommend we adopt the following policy:
1) All materials located in Town rights-of-way must comply with state standards.
2) All objects, other than sod, to be located in Town rights-of-way must first receive
a permit from the Town Planning and Building Administrator who must find the
material to be consistent with state standards prior issuing a permit. The
Administrator's decision may be appealed to the Town Commission.