Chapter VI, Section IV - Traffic Sight Distances

Sec. 6-4-1.    Purpose.

The purpose of the Sight Distance Chapter is to provide for the preservation and promotion of the public health, welfare and safety of the inhabitants of the Town by establishing minimum standards for the unobstructed cross-visibility at intersections of two (2) public right-of-ways. (Ord. 456 §1, 1995)

Sec. 6-4-2.    Definitions.

Flowline.  The transition between the gutter and the face of the curb within a public road right-of -way.  For a cross or valley pan, it is the center of the pan.  Where no curb exists, the flowline will be considered the edge of the pavement or roadway of the outside traveled lane.

Sight distance obstruction - Public nuisance.  Any object or objects that interfere with the ability of motor vehicle operators or pedestrians to adequately view traffic or control devices for the purpose of safe and proper use of public rights-of-way; such objects shall include, but not be limited to:  walls, fences, hedges, shrubs, trees, signs, benches, vehicles and other such objects extending more than three (3) feet above flowline; or suspended less than eight (8) feet above the surrounding grade; or obstructing more than ten percent (10%) of the sight distance.  A sight distance obstruction is hereby declared to be a safety hazard and thereby a public nuisance.

1. Exempted shall be permanent buildings, suitable for human occupancy, for which a valid building permit had been issued prior to the effective date of this Chapter.
2. The provisions of Section 7-2-44, Nonconforming uses shall not apply to "Sight Distance Obstructions."

Sight distance.  The unobstructed view of a driver of a motor vehicle or a pedestrian within a "corner triangular area" at the intersection of two (2) public road rights-of-way.

Corner triangular area.  The area formed by two (2) overlapping triangles at a corner intersection of two (2) public streets.

1. The first triangle shall be described with two (2) equal sides formed by the intersection of the flowlines of the respective streets and measured from the point where they meet twenty-five (25) feet along each respective flowline.  The third side shall be the line connecting the two (2) other sides.  If a public alley intersects a public street, the first two (2) sides of the triangle will measure only fifteen (15) feet.
2. The second triangle shall be described as having a base measured along the flowline of the through street from the point where the flowline meets the centerline of the controlled street three hundred (300) feet in each direction along the flowline of the through street.  The height of the triangle is described as being measured from the point where the flowline of the through street meets the centerline of the controlled street ten (10) feet along such centerline.  From this point the remaining two (2) sides are constructed by connecting lines to each end point of the base of the triangle.

Controlled streets.  A street on which vehicular traffic is required by law to yield the right-of-way to vehicles on a through street or highway in obedience to a stop sign, yield sign or other traffic control device.

Administrative authority.  The Town Administrator or his or her designated representative.  (Ord. 456 §, 1995)

Sec. 6-4-3.    Violation.

It shall be unlawful for any person who is an owner, occupant or other person in charge of any lot, block or parcel of land on which a sight distance obstruction exists to fail to remove such an obstruction within the time and manner prescribed by a "Notice of Abatement" duly served on such person as provided below.  (Ord. 456, §1, 1995)

Sec. 6-4-4.    Abatement of sight distance obstruction; notice required.

If any owner, occupant or person in charge of any lot, block or parcel of land within the Town fails to remove a sight distance obstruction within ninety (90) days after being notified to do so by the administrative authority of the Town by certified and first class mail or personal service, (in any case, notice must always be provided to the owner), the administrative authority may direct that the sight distance obstruction be removed by an employee or subcontractor of the Town and charge the total cost thereof to such owner, occupant or person in charge of such lot, block or parcel of land, together with five percent (5%) additional for inspection and other incidentals.  (Ord. 456 §1, 1995)

Sec. 6-4-5.    Abatement by Town; collection of cost.

1. In the event a sight distance obstruction is removed by order of the administrative authority of the Town, the total cost of removing such sight distance obstruction shall be paid to the Town Clerk within thirty (30) days after mailing by the Town Clerk to the owner of such lot, block or parcel of land, by certified and first class mail, notice of assessment of such cost.
2. Failure to pay such assessment within such period of thirty (30) days shall cause such assessment to become a lien against such property and shall have priority over all liens except general taxes and prior special assessments, and the same shall be certified at any time after such failure to so pay the same within thirty (30) days by the Town Clerk to the County Treasurer to be placed upon the tax list for the current year to be collected in the same manner as other taxes are collected.  (Ord. 456 §1, 1995)

Sec. 6-4-6.    Right of entry on property.

Upon presentation of proper credentials, the administrative authority or agents of the Town may enter upon any property, vacant lots or premises in the Town to perform any duty imposed by this Chapter.  (Ord. 456 §1, 1995)

Sec. 6-4-7.    Property owner's right to hearing.

The persons to whom notice required under Section 6-4-4 is directed may file a written request for a hearing before the Town Board within the ninety-day period of compliance prescribed above by filing a written request with the Town Clerk.  The hearing shall be held as soon as practicable after the filing of the request, but in no event later than the thirty (30) days after such filing.  The persons to whom notices are directed shall be advised of the time and place of the hearing at least five (5) days in advance thereof.  The decision of the Town Board after hearing shall be final and, until such decision, the Town shall not commence any of the procedures under Section 6-4-4 for removal.  However, if the decision of the Board of Trustees is adverse to the person requesting the hearing, then he or she shall have ten (10) days from such decision to perform the work himself or herself; and if such work is not performed within such ten (10) days, the Town may then implement its removal procedures.  (Ord. 456 §1, 1995)

Sec. 6-4-8.    Immediate hazard.

If the administrative authority determines that a particular "sight distance obstruction" constitutes an imminent danger, such obstruction may be removed immediately and prior to the notice period provided in Section 6-4-4.  Notice, however, shall be provided as soon as practicable, and the persons in interest shall have a right to request a hearing as provided in Section 6-4-7 within thirty (30) days of such notice.  (Ord. 456 §1, 1995)

Sec. 6-4-9.    Penalty.

Any person who violates any of the provisions of this Chapter is guilty of a violation of this Chapter and shall be punished as provided in Section 1-3-1.  (Ord. 456 §1, 1995)