5. Discussion on update to road maintenance policy for platted but unopened streets
Staff Report
Date of Meeting: October 3, 2018
To: City Council
From: Neil Soltis, Administrator
Re: Platted but unopened road rights-of-way
Background: At the September work session there was a discussion of the platted but unopened
road right-of-way that exist throughout the City. It was recommended to draft a policy for
unopened roads that allows them for use as driveways but the city would not maintain them.
Issue: Should the language provided below be incorporated into the City’s right of Way Policy that
was approved in November, 2016
Proposal Details:
Platted but unopened roads: The City holds the easement in trust for the public to protect
each of its platted rights-of-way even if it is not formally opened. The City will manage each
of the unopened rights-of-way to ensure that is remains suitable for the purpose for which
it was dedicated. Until opened, generally, the City will maintain the rights-of-way only to
the extent that which is necessary to address issues of public safety .. No obstructions shall
be placed in the right-of-way except with an obstruction permit issued pursuant to the City’s
Right of Way Management Ordinance. No excavation shall occur in the right-of-way except
with an excavation permit issued pursuant to the City’s Right of Way Management
Ordinance. The City may direct that any unpermitted obstructions in the rights of way be
removed at any time.
City of Scandia
Road Right of Way Maintenance Policy
Approved 11/15/2016
MAINTENANCE OF CITY ROAD RIGHTS-OF-WAY
The City is adopting a uniform policy governing the maintenance of the City’s road rights-of-way
to protect the City’s investment in its roads, to maintain safe roadways for pedestrian and
vehicular traffic, to maintain general tree health, and to enhance roadside habitat for nesting
birds and other small wildlife
This policy will allow maintenance within the right of way including but not exclusive to,
reshaping ditches, mowing, culvert repairs, snow removal, and tree removal and trimming. The
Public Works Maintenance Superintendent shall determine work based on priority, safety, and
availability of equipment and staff. The Public Works Staff shall generally follow these
guidelines.
MOWING
Subject to weather and growing conditions the first 5 feet of a road right-of-way will be
mowed starting on approximately May 15.
An entire right-of-way will be mowed after September 1st.
Any portion of the right-of-way may be mowed at any time as necessary to maintain sight
distance for safety
TREE TRIMMING AND REMOVAL
Trees within the road right-of-way will be trimmed to allow for a minimum 20’ clear height.
Diseased or dead trees and limbs will be removed.
Small trees and brush becoming established within the road right-of-way will be removed
Trees and brush that interfere with routine maintenance such as mowing or snow plowing will
be removed or trimmed.
The flail mower shall not be used in a vertical position to trim brush or trees
Schedule: It is the City’s intent to trim trees on all roadways within a 15 year cycle. This work is
typically done during the winter months (November-March) by the Public Works Department
during regular work hours but may be done at any time for safety reasons
Notification: Property owners shall be notified by mail at least 7 days prior to any non-safety
related trimming within the City’s road right-of-way except in the case of an emergency as
determined by the Public Works Director. The property owner may contact the Public Works
Director within those 7 days and ask for an onsite visit. If any issues are unresolved following
the onsite visit, the property owner has 5 days to file a written appeal with the City Clerk’s
Office. Appeals will be heard at the next City Council meeting following appropriate notice.
The Public Works Director will mark all trees to be removed that are at least 6 inche s in
diameter at a point measured 54 inches above the ground.
A listing of possible streets where tree trimming may occur over the winter months will be
posted on the City’s website before or at the time letters are sent to abutting property owners
Emergency Cutting: This policy does not apply in the event that cutting is necessary to remove
road obstructions, to eliminate trees that are in imminent danger of collapse, or to remove
diseased or dead trees located within the road right-of-way.
Disposal of Tree Waste: The City’s Public Works Department or contractor will either chip or
haul the trees and brush off site. If the adjoining property owner wishes to keep non-disease
tree waste, they may contact the City 24 hours in advance of removal. If it is not practicable to
remove the tree, the tree will be left on the City road right-of-way. The adjoining property
owner may cut this wood and remove it from the road right-of-way. The City will normally
allow 1 week before we coming back and remove the wood from the ROW.