02-20-19 Workshop Presentation (2)Atlantic Beach Rights-of-Way
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24 - Right-of-way shall
mean the area of a
highway, road,
street, way, parkway,
sidewalk, or other such
strip of land reserved for
a public use, whether
established by
prescription, easement,
dedication, gift, purchase,
eminent domain or other
lawful means.
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Atlantic Beach Rights -of -Way
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Comp Plan: Future Land Use Element
Policy A.1.3.2
"The City shall continue to rigorously enforce its tree protection,
landscaping and buffering regulations, as well as the City's Adopt -a -
Tree and right-of-way tree planting program."
Right -of -Way Tree Planting "Program"
• Implemented in 2002
• Between 2002-2009 over 800 trees were planted in City R/W & Parks
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Chapter 23: Protection of Trees & Native
Vegetation
Sec. 23-14 Tree Conservation Trust Fund
"This fund shall be used solely for the planting of trees, the protection and
conservation of existing trees where appropriate, or the re-establishment of
vegetative resources in the city and any other ancillary costs associated with
such activities, provided that such ancillary costs shall not exceed twenty
(20) percent of the cost of the particular project."
"Priority shall be given to the use of funds for projects that plant or replace
trees or vegetation along public rights-of-way or on properties and lands in
public use that will provide needed shade, aesthetic enhancement or the re-
establishment of tree canopy in neighborhoods and along public roadways."
Environmental Stewardship Committee
Sec. 23-52 ESC
• Make recommendation to Commission regarding maritime forest
• Develop a calendar and budget for tree planting in parks, public
spaces, and along streets & right of ways
• Enhance public spaces, including rights of way, roadsides, city
buildings, beach accesses and other public lands with art, carefully
maintained landscape design and plantings
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S Planting Sites Identified - -
Tree Fund has $96,638.46 in cash
FY18 revenue was $28,057.28 \
There has been no activity in FY19 thus far.
Seminole Road -
ROW
Selva Marina
Drive - Median
Tiny Triangle —
ROW
Johansen Park—
Open Spaces
City Hall —
Sherman Creek
Sailfish Drive -
ROW
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Sec. 19-2 Permits and revocable required.
(a) Any person or entity desiring to undertake construction within and/or use of a right-of-way shall obtain, prior to
commencement of any work, a permit for such activity issued by the city manager or his designee on terms and conditions
as described herein, or in accordance with subsection (f) herein the issuance of a revocable license.
(b) Any such person or entity shall complete and file an application for such approval in the form prescribed by the city.
(c) Fees for permits and revocable licenses shall be determined by resolution of the city commission.
(d) No use of or construction in a right-of-way shall be permitted or licensed if that use or construction creates an
obstruction barrier or safety hazard as defined by generally accepted engineering practices.
(e) All requests for use of or construction within a right-of-way shall be evaluated based on the benefit of said use or
construction to the general public and the degree to which the benefit to and convenience gained by a private property
owner conflicts with or outweighs the benefit to the general public for the use of the affected right-of-way.
(f) Revocable licenses are required for all improvements in the right-of-way which are not accepted for maintenance by the city.
(g) All requests for revocable license agreements require approval by the city manager or his designee.
(h) The permit or revocable license applicant shall be the owner or owners of the real property located adjacent to the affected right-
of-way or a person designated by affidavit of said owner or owners.
Benefits of Street Trees
1. Reduce urban traffic speeds.
2. Create safer walking environments.
3. Contribute to a sense of place.
4. Increase security.
5. Improve business.
6. Less drainage infrastructure.
7. Rain, sun, heat and skin protection.
8. Lower urban air temperatures — Urban Heat Island.
9. Improve air quality.
10. Convert streets and parking into more aesthetically pleasing environments.
11. Soften necessary street features such as traffic signal boxes.
12. Add value to adjacent homes, business, and overall tax base.
13. Longer pavement life.
14. Create a natural environment and habitat.
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Liability
Memo: Sovereign Immunity for Street Trees
1000 Friends of Florida
Thomas Hawkins, Policy and Planning Director
In conclusion, a local government would not have liability for the decision to plant
trees in a right-of-way. Once trees are planted, however, the local government
should maintain them. If a local government failed to maintain its street trees, and
someone were insured, the local government may be liable. Whether the
local government had liability would be a function of the specific facts in that
instance. A liability analysis would at least require examination of factors such as
whether the local government knew of a danger and whether the local
government warned road users of the danger.
Other Issues — Random Objects in ROW
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PIP
Other Issues — Utilities and Infrastructure
Other Issues — Maintenance and Staff
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Questions?
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