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Item I1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 17, 2014 Division: Public Works/En in�g Bulk Item: Yes No X Department: _Engineering Services Department Staff Contact Person/Phone#: Judy Clarke X4329 AGENDA ITEM WORDING: Discussion and direction regarding revising Monroe County Code Chapter 19 Roads and Bridges, Article IT Public Right-of-Way Use Permit to allow landscaping on county maintained rights-of-way. ITEM BACKGROUND: At the July, 2014 meeting the BOCC directed staff to work to revise the code to allow residents to obtain permits for limited landscaping and potentially placement of objects such as benches on county rights of way. Pertinent staff met to discuss current practices and to identify potential alternatives to existing right of way permitting and enforcement procedures. The item back up includes a brief summary of current right of way permitting and enforcement procedures, an explanation of the purpose and use of the right of way, and suggested engineering criteria for landscaping/ROW permitting. Staff is seeking input from the BOCC on type of landscaping and/or objects to permit and what documentation to require as well as guidance on current or alternate enforcement procedures in order to prepare a draft ordinance. PREVIOUS RELEVANT BOCC ACTION: BOCC directed staff to evaluate current right of way code with regard to landscaping at the July, 2014 meeting. CONTRACT/AGREEMENT CHANGES: Not Applicable STAFF RECOMMENDATIONS: TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $0 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# Revised 7/09 a u WWII. % Engineering Department peow 7, MEMORANDUM "° a To: Monroe County Commissioners From: Judy Clarke, Director of Engineering Services Date: September 30, 2014 Re: Landscaping on County Maintained Rights of Way The Board directed staff to explore options for revising Monroe County Code Section 19— Roads and Bridges, Article II—Public Right-Of-Way Use Permit to allow residents to obtain permits to landscape on the right-of-way (ROW). Engineering, Legal and Code Compliance staff met on September 10, 2014 to discuss current processes, potential alternatives and the advantages and disadvantages of various alternatives. Current Permitting Process Monroe County Code Section 19-33-Permit Required states that: "A permit cannot be obtained for boulders or landscaping within the county public right-of- way, except that a property/homeowners association, as setforth in F.S. ch. 720, Florida Statutes, may be issued a permit for limited landscaping around wastewater lift stations when the association provides a written agreement recorded in Monroe County Official Records that promises for all maintenance of landscaping to be the sole responsibility of the association." The prohibition of landscaping was enacted in August, 2010; prior to August 2010, permits could be obtained to plant one tree every 50 ft. in accordance with Standard Detail G 6.0 of the Monroe County Public Works Manual (copy of detail attached). Applications to plant shrubs were permitted in a similar manner. Boulders, structures, objects, irrigation systems and lighting systems while not expressly prohibited in the Code (with the exception of boulders) are not permitted and have not historically been permitted on County rights-of-way. Monroe County Code Section 19-44—Relocation Upon Notice by the Engineering Director and the ROW permit form require a permittee to maintain items and to relocate or remove them upon notification by the County. Current Enforcement Process Upon receipt of a complaint or identification of a violation by various staff—Code Compliance, engineering inspector,public works road crew staff conducts a site visit to determine the nature of the violation. Once the violation is confirmed, as outlined in MCC Section 19-48— Restoration and Penalty, the Engineering Director sends a notification letter to the adjacent October 2, 2014 property owner directing them to either obtain an after the fact permit or to remove items for which a permit cannot be obtained within thirty days of receipt of the letter. Letters are sent registered mail/return receipt. If a property owner makes contact with engineering staff upon receipt of a letter, staff will work with them to achieve voluntary compliance or, if they wish assist them with the appeal process. When there is no communication with the owner and compliance has not been reached, Engineering Department refers the violation to the Code Compliance Department for enforcement. Staff does not pursue enforcement on historical encroachments (i.e. walls, vegetation, boulders) that exist on the ROW 1) due to four year statute of limitations on Code Compliance process and 2) lack of satisfactory documentation of when or by whom items were placed on the ROW. Monroe County has the right to remove items from the right of way using county resources regardless of length of time that items have been on the ROW; however, this is not routinely done. Right of Way Purpose and Design The unpaved portion of the right of way adjacent to the paved road is used primarily for stormwater management and to provide a "clear zone" for smooth traffic flow and adequate sight distances. The Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Street and Highways ("Florida Greenbook") definition of Roadside Clear Zone is: The roadside clear zone is that area outside the traveled way available for use by errant vehicles. Vehicles frequently leave the traveled way during avoidance maneuvers, due to loss Of control by the driver(e.g.,falling asleep) or due to collisions with other vehicles. The primary function of the clear zone is to allow space and time for the driver to retain control of his vehicle and avoid or reduce the consequences of collision with roadside objects. This area also serves as an emergency refuge location for disabled vehicles. The Florida Greenbook minimum width for a clear zone on local roads with a 25 MPH speed limit is 6 ft. from the edge of the travel lane. An additional consideration for ROW use is off street parking accommodation; the minimum width for a parallel parking space is 8 ft. Roads are designed with a crown (higher in the middle) so that stormwater flows off of the paved way onto unpaved portion where it drains into stormwater control structures or it infiltrates into the ground. The right of way should be able to accommodate drainage structures and be free of obstructions that keep water from flowing off of the pavement. The pictures below are examples of where the ROW has been built up with soil for landscaping or lined with boulders, both of which stop the water from flowing off of the pavement and create ponding on the driving surface. Page 2 of 5 October 2, 2014 Illul /� /�/���`////rruJl➢j��6 ,, a�n uul... 0 Y� wad W , vµr d R� r W� v r I, a w ���� ,.r � ��'� I �.w J/((ll�i,,,,,,Yrw it r,;., � n,r w� �� k•u� ,i� �� ,ark"� Page 3 of 5 October 2, 2014 Staff is seeking direction on whether BOCC wants to revise the current Code to allow some amount of landscaping on the ROW by residents and input on what should be permitted. Engineering staff recommends that the minimum 6 ft. clear zone and sight triangles at intersections be preserved. Additional guidelines for consideration include: • Maintain minimum clearance of 8 ft. if preserving off street parking is desired • Consider not permitting tree planting under electrical lines • No boulders or rocks • Code should be specific as to plants allowed and spacing that is required to eliminate perception of arbitrary determination as individual permits are processed. • Code should be specific as to "objects" (i.e. benches) that will be allowed to eliminate perception of arbitrary determination as individual permits are processed. Staff is also seeking direction on whether the BOCC wants to change the current enforcement process. Currently, responsibility for items on the ROW does not transfer with the adjacent property. In cases where "historical items"need to be removed the county would need to remove them with its own resources. It is possible to include in the permitting process a requirement that a homeowner execute and record with the County Clerk, an agreement that would tie any improvements on the right of way to the adjacent property so that responsibility for those improvements transfers to future adjacent property owners. The disadvantage of this is creation of a more complex permitting process and the need to enforce such agreements when voluntary compliance cannot be achieved. As indicated previously, the current enforcement process is a combination of notification by Engineering Department and, if necessary, enforcement through the established code compliance process. This has the advantage of notification and an attempt at voluntary compliance and the responsible party is held accountable through the code process. The disadvantage is that the code process can be lengthy, unpaid fines result in liens being filed, which may continue until direction from the BOCC is sought on further action, a money judgment, foreclosure, or collection efforts. The county cannot foreclose on properties that are homesteaded. Additionally, the Monroe County Code contains a four year statute of limitations for processing code violations. In lieu of the current code process the County has the option to file citations for violations in county court. An alternative to the code compliance process would be to utilize county crews and resources to remove encroachments when voluntary compliance cannot be achieved. The advantage of this method is that it is potentially more expeditious than the code process; the disadvantage would Page 4 of 5 October 2, 2014 be the effort expended by Public Works road staff coordinating with violators to reach the determination that compliance could or could not be achieved and the encroachments would be removed at the County's expense rather than the violators. Page 5 of 5 SIDEWALK7 TREE PLANTING LIMITED TO SPECIES NOT DAMAGING TO ROADWAYS, UTILITIES ETC. I (SEE NOTE BELOW( 6 MIN. (RIL . 'STREET) m I I -SIDE LOT LINE I g' w i STAGGERED SPACING PREFERRED I ww I wl > I NO PLANTING PERMITTED WITHIN THESE LIMITS I R/W LIME -a R/W LINE - PAVEMENT EDGE SO` I u: PLAN �w cs. NOT E; FOR ADDITIONAL INFORMATION CONCERNING R/W PLANTING, REFER TO MONROE COUNTY CODE w r CAN ROE APPROVED REVISED GENERAL DETAIL G COUNTY LOCATION OF PLANTING PUBLIC WORKS9,/c33 WI'ITH I N PU 8 L IC R/W! • DEPARTMENT SHEET OF 1