Ordinance 2004-1 Right of

Ordinance #2004-1
An Ordinance Regulating Town Road Rights-of-Way
The Board of Supervisors of the Town of Springvale ordains:
Section 1.00. Purpose and Authority.
1. Purpose. The primary objectives of this ordinance are to protect public safety, reduce interferences with public travel, protect the publics interest in its Rights-of-Way, and to provide for the efficient and uniform administration of the Towns road Rights-of-Way. The Board finds that the regulations, requirements, and restrictions, as set forth in this ordinance, are in the best interests of the health, safety, and welfare of the Towns citizens.
2. Authority. As a road authority, the Board has broad authority to regulate what occurs within the towns road Rights-of-Way. This authority is found in Minn. Stat. 365.10, subd. 17, a variety of sections in chapters 160, 164, 165, 169, 222, 237, and other chapters, as well as the rules associated with those chapters.
Section 1.01. Definitions.
For the purposes of this ordinance, the following terms shall have the meaning given them in this section.
1. Approach. Approach means the area of the Right-of-Way between the traveled surface of the road and the adjacent property that is intended to provide access for vehicles or equipment from the road to the adjacent property.
2. Board. Board means the town board of supervisors of Springvale Township, Isanti County, Minnesota.
3. Headwall. Headwall means rock, concrete, masonry, metal, timber or other similar materials placed on the sides of an approach as support, to prevent erosion, or for decorative purposes.
4. Junk. Junk means old or scrap hazard signs, copper, brass, rope, rags, batteries, paper, synthetic or organic, trash, garbage, waste materials, rubbish, rubber debris, appliances, waste, or junked, dismantled, or wrecked automobiles or farm or construction machinery or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.
5. Person. Person means an individual, corporation, business trust, partnership or association or any other legal entity.
6. Right-of-Way. Right-of-Way means the entire width between boundary lines of any way or place under the jurisdiction of the Town when any part thereof is open to the use of the public, as a matter of right, for the purposes of vehicular traffic and is maintained by the Town.
7. Town. Town means the organized government of Springvale Township, Isanti County, Minnesota.
Section 1.02. Cultivation and Landscaping.
1. Cultivation. No person may cultivate, plant, harvest, or maintain agricultural crops, trees, bushes, or shrubs within a Right-of-Way.
2. Landscaping. No person may cultivate, plant, or maintain grasses, flowers, vegetables, or other vegetation in any manner that obstructs visibility of a road or otherwise interferes with, obstructs, or renders dangerous for passage a Right-of-Way. No person may place watering systems or sprinkler heads within a Right-of-Way.
Section 1.03. Obstructions and Junk.
1. Obstructions. No person may place, maintain, or allow any obstruction in a Right-of-Way other than those specifically permitted by this ordinance, by state law or rule, or by written approval of the Board. Items prohibited by this section include, but are not limited to, fences, posts, structures, piled materials, hay bales, vehicles, trailers, campers, equipment, or any other items that interfere with the safe use or the maintenance of the Right-of-Way. No person shall park a functioning vehicle in a Right-of-Way in such a way as to unreasonably interfere with the safe use of a road or the maintenance of the Right-of-Way.
2. Junk. No person shall place or maintain Junk in a Right-of-Way.
Section 1.04. Alteration of Grade.
No person may alter or change the depth or contour of any portion of any ditch or embankment in a Right-of-Way without written approval of the Board.
Section 1.05. Unauthorized Maintenance.
No person may work, maintain, improve, or repair the traveled portion of a right-of-way without the written approval of the Board.
Section 1.06. Doing Damage.
No person shall cause damage to a Right-of-Way without the written approval of the Board.
Any person doing damage within a Right-of-Way with approval of the Board shall return the Right-of-Way to at least the same condition it was in prior to the damage.
Section 1.07. Mailboxes, Signs and Newspaper Boxes.
1. Mailboxes. Mailboxes and newspaper boxes are permitted within a Right-of-Way if they do not interfere with, obstruct, or render dangerous for passage a road. Mailboxes placed within a Right-of-Way must comply with all of the standards in Minnesota Rules chapter 8818. A diagram of the support required for installation of the mailbox is attached to this Ordinance as Exhibit A and by this reference made a part hereof. All installations of mailboxes are subject to final inspection by the Township. Further, mailboxes shall be swing-away type, mounted at a height in accordance with the local Post Masters direction. The Board may remove and replace mailboxes that do not comply with the standards as provided in Minnesota Statute section 169.072.
2. Signs. No sign of any nature may be placed or allowed to remain in any Right-of-Way except an official traffic sign placed by a governmental authority or other signage expressly permitted by state law.
Section 1.08. Parking Regulation
1. Overnight parking shall be prohibited on all town roads, rights-of-ways, and easements.
2. Vehicles left on Springvale Township roads and rights-of-ways in violation to this ordinance are subject to towing. Removal of vehicles and storage will be at the owners expense.
3. Personal property left on a township road or rights-of-way for more than 24 hours shall be deemed abandoned and may be removed and destroyed at the owners expense.
4. The town board is authorized to post no parking signage on both or one side of township roads and rights-of-ways. The no parking zones shall be enforced by Minnesota Statute section 169.04.
Section 1.09. Approaches and Headwalls.
1. Approaches. No person may construct or reconstruct any approach to a road without first obtaining approval by the Board. A person may be required to submit a map or drawing of the existing or proposed approach when seeking approval.
2. Culverts. A person constructing or reconstruction an approach may be required to install a culvert meeting the specifications set out by the Board if the Board determines a culvert is necessary for suitable approach to the road and to promote adequate drainage of the Right-of-Way.
3. Costs. A person constructing or reconstructing an approach to an existing road shall be responsible for paying all of the costs related thereto, including the cost of seeking all necessary approvals and the cost of a culvert if one is required. Property owners are responsible for maintaining all approaches and associated culverts on their property at their own cost.
4. Headwalls. No person may construct or reconstruct any headwall in a way that interferes with the safe use or maintenance of a Right-of-Way.
Section 1.10. Town and Contractors.
The prohibitions, requirements, and restrictions contained in this ordinance do not apply to: the Town; town officers, employees, or agents while operating within the course and scope of their duties for the Town; or contractors while performing services within the scope of a contract with the Town.
Section 1.11. Permission.
1. Limitations. Any person receiving permission or a permit from the Board as provided in this ordinance must comply with all applicable federal, state, and local laws and rules as well as all applicable Town ordinances, resolutions, specifications, regulations, and policies. Any person receiving permission or a permit must comply with all conditions, requirements, and limitations the Board expresses as part of the permission or permit. Failure to comply with any of the conditions, requirements, or limitations shall void the permission or permit and could place the person in violation of this ordinance.
Section 1.12. Enforcement and Penalty.
1. Correction Order. Upon discovery of a violation of this ordinance, the Board may issue a correction order to the violator ordering the person to correct the violation by a time certain. If the violator fails to comply with the correction order by the time indicated in the order, the Board may provide for the correction of the violation. Issuance of a correction order does not preclude imposition of the penalty set forth in this ordinance.
2. Immediate Correction. If the Board determines that the violation creates an immediate threat to public safety, the Board will make a good faith effort to notify the violator to immediately correct the situation. If the Board is not able to promptly reach the violator, or if the violator fails to immediately correct the situation upon notification, the Board will provide for the correction of the violation.
3. Cost of Correction. The cost of correcting a violation shall be the responsibility of the violator.
If the Board provides for the correction of the violation, all expenses incurred, including reasonable attorneys fees, shall be billed to the violator. If the bill is not paid by the due date, the Board may exercise any lawful options available to it to collect the amount due.
4. Penalty. Any person who violates this ordinance shall be guilty of a misdemeanor and subject to the penalties for such as provided in State law. Each day of existence of such violation shall constitute a separate offense. If convicted, the person may be assessed costs of prosecution as allowed by Minnesota Statutes section 366.01, subdivision 10.
Section 1.13. Savings Clause.
The failure of the Board to exercise, and any delay in exercising, any right under this Ordinance, including enforcement, shall not operate as a waiver thereof and shall not constitute a waiver of the Towns interest, however created, in any right-of-way, easement, or any other type of property interest.
Section 1.14. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof.
Adopted this 11th day of September, 2013 by the Board of Supervisors of the Town of Springvale.
William Friedland
Town Chairperson
Attest: Michelle Kleven
Town Clerk
Adopted 6/9/04
Amended 9/11/13
Published in the
Isanti County News
September 18, 2013

Comments Closed