Lewes sets license for right-of-way encroachments
Lewes Mayor and City Council wants to make it clear that installing plants or other fixtures in the right of way must be done with city services in mind.
The right of way is the area between the road and the property line. In an attempt to beautify that sliver of land, some residents have planted flowers and trees, and installed other items in the right of way. Officials say they appreciate some of the efforts to improve aesthetics, but have found that certain items interfere with the city’s ability to maintain its infrastructure. Right-of-way conditions differ across the city – parts of downtown Lewes and the historic district have sections of sidewalk in the right of way, while Lewes Beach is more open. Sidewalk structures and vegetation can present problems for pedestrians, while installations restricting parking along Lewes Beach – or anywhere else in the city – can have more serious consequences. A blocked right of way can cause problems in emergency situations for first responders and utility workers.
“Look, you should get a license. If you have a right of way [and] if you don’t get a license, the city can remove it,” said City Solicitor Glenn Mandalas Oct. 10, referring to anything placed in the city’s right of way.
Appearing on the agenda of multiple workshops throughout the summer, the topic was reviewed extensively before being brought forth for a vote. Councilman Tim Ritzert was concerned about items such as mulch and impervious surfaces being placed in the right of way. Mulch can reportedly end up in the stormwater crates, and while the street sweepers can pick up the mulch, Ritzert believes it causes damage to the machinery. City Manager Ann Marie Townshend said the issue of impervious surfaces is a bit more complex because some materials once considered impervious can now be pervious.
Over the summer, there was discussion of creating a list of approved items, but the draft ordinance does not include a list. Deemed a halfway approach by Mandalas, the language indicates that a permit is required before installing anything in the right of way, but the approach will be more lenient. If an owner wants to make sure their purchase or investment will not be disturbed without advance notice or reimbursement, they will need to have a license. Without them obtaining one, the city will be able to tell a property owner to remove items, at the owner’s expense, for noncompliance, safety or the installation and maintenance of utilities. A look-the-other-way approach is possible in some instances, but if work is required in the area, a licenseless owner runs the risk of suffering a loss without a course for reimbursement.
The ordinance also prohibits owners from installing pavement or other types of impervious surfaces unless they have a permit and access to the roadway is deemed necessary.
The only fees tied to the license will be administrative, and each license will be granted on a case-by-case basis. City officials will review each request and come to an agreement with the property owner on terms. A method for reimbursement, if one is permitted, will be outlined in the license agreement, and agreed conditions will be binding. Items are not retroactively compliant and must have a license in order to legally remain without risk of an unnoticed disturbance.
Council passed the measure unanimously.
