A paper street may exist indefinitely unless it is abandoned by legal process. What is meant by "ditch to ditch"? This is an informal term used by the North Carolina Department of Transportation NCDOT referring to a public road where little or no formal right-of-way was ever dedicated or where right-of-way was acquired but documentation was never recorded.
In these cases the State maintains only the area between the side drainage ditches. Many of the older State roads fall in this category. Who maintains right-of-way? Public right-of-way is maintained by a city or the State. Private right-of-way may be maintained by a developer, a homeowner's association, or in the absence of these, by the users of the road.
In this case, unless there is an obligation in the form of a contract or stated in deed restrictions, users are not bound to road maintenance. What is a street disclosure statement? Under North Carolina law a developer who conveys property must provide the buyer with an instrument disclosing whether the right-of-way on which the property fronts is public or private. What is the State's minimum right-of-way width? Collector roads require 50 feet; five lane highways require 80 feet and cul-de-sacs must have a 50 foot right of way radius.
What permission is required to use State right-of-way? Incidental use such as yard maintenance is naturally allowed, however, permission is required for placement of signs, posts, mailboxes, driveway cuts, culverts, utilities or structures.
District right of way and the Chief Counsel's Office can provide information on potential conflict of interest areas. In the event a possible conflict does exist, the name of the commissioner, the location of the property or property interest , and the direction and distance to the project will be required. If no conflict of interest exists, the e-mail will clearly state this information. Upon receipt of the email including the electronic certification document, cover letter, conflict of interest information, and the final and approved right of way plans attached as Adobe Acrobat files pdf.
The Commission's approval of the plans, the Commission Secretary's signature and seal on the certification document, and its attachment to the right of way plans, constitutes certified right of way plans. The certification shall be stored with the electronic plans. A set of approved right of way plans must be filed with the clerk s of all counties and cities through which the proposed improvement will pass, prior to advertising the project for bids. In addition, when right of way is obtained by condemnation, the certified right of way plans must be filed with the circuit clerk s in the counties where the condemnation petition will be filed.
When changes in the right of way plans occur, it is necessary to refile these plan changes with the proper authorities. The procedures described above also apply to amended plans except only the revised sheet s and an updated title sheet need to be submitted. The amended title sheet will include the revision date and a note indicating the number of the plan sheets that have been revised.
For subsequent revisions, the title sheet will include the current information and all previous information. Types of plan changes requiring approval again include, but are not limited to: an increase or decrease in the acreage or square footage to be acquired; changing the location of an entrance; changing the grade of an entrance; access changes related to breaks in the median; moving the location of a property line; any changes or corrections made to the characteristics of individual properties; etc.
For these types of changes, a sample cover letter and certification document for submittal to the Design Division are available.
All plan changes, request letters, and amended certifications shall be stored electronically to preserve the project history and accuracy in the acquisition process.
Types of plan changes not requiring approval again by the Commission include: changes in pavement design; changes in quantities due to traffic control; changes in erosion control; changes in signing; changes in striping; etc.
After all right of way has been acquired, either by negotiations or condemnation the district advises the Right of Way Section that the right of way is "clear" for additional information concerning the various types of right of way clearance see EPG The Design Division is furnished a copy of this letter.
Improvement projects are not advertised for a monthly bid opening until all right of way has been cleared. Only with special approval by the Asst. A job special provision in the bidding documents is required under these conditions to restrict the contractor's construction operations from certain areas or parcels that are not "clear" until approved by the resident engineer.
The resident engineer will not approve construction operations in restricted areas until an entire clearance has been issued. Advertising requirements can be found in EPG It is necessary for all building structures, or building remains, which MoDOT takes possession of to be inspected for the presence of asbestos containing materials ACM.
Buildings, or building remains and debris will be inspected for ACM prior to salvage by a third party, demolition and removal. The inspection methods are invasive and destructive; therefore, the department must have physical possession before inspection begins. If it is believed there will be salvage of a building by a third party, the request for asbestos inspection must stipulate that non-destructive sampling methods are necessary.
The request for asbestos inspection is to be made in writing by the district to the State Construction and Materials Engineer after MoDOT has taken physical possession of the property. This request must contain the following information:. It is important that a positive identification be made of each structure to be inspected. Therefore, the inspectors need a contact person in the district who is familiar with the properties or they must receive photographs of the buildings taken from the existing roadway to ensure a proper identification can be made.
Construction and Materials Division personnel will take samples of all suspected asbestos containing materials. Test results will be reported to the district on Forms T , T and T Copies of these forms must be included in all contract proposals requiring asbestos abatement or demolition of the buildings. During preliminary design, the district will request the environmental section of the Design Division perform a screening and on-site investigation for storage tanks and hazardous waste See EPG Based upon recommendations by the environmental specialists and using the cleanup estimate provided, appropriate tabulated quantities and job special provisions if necessary will be incorporated in the construction plans.
Removal requirements, method of measurement and basis of payment for removal of contaminated materials and storage tanks are contained in Section of the Missouri Standard Specifications for Highway Construction. Most underground storage tanks, containing petroleum products, have an insurance policy covering the cost of leak clean up.
During negotiations, district right of way personnel will have the insurance policy transferred to MoDOT upon taking possession of the parcel. An application to the insurance administrator must be made to determine the quantities of material eligible for cost reimbursement.
This application will be made by the environmental specialist in the Design Division prior to the contractor's notice to proceed. Asbestos removal must be completed prior to demolition of the building. The asbestos containing materials ACM requiring removal will be listed on Form T for each parcel inspected.
The contract proposal for asbestos removal will use the standard bid items. The Demolition and Removals form will be used. If all of the parcels have not been inspected for ACMs, estimated quantities will be used.
Check with the design liaison engineer for assistance with this procedure. When quantities of ACM to be removed inside a single structure exceed ft 2 or linear feet, third party air monitoring is required in St. Louis County and the City of Kansas City.
The district project manager will coordinate with the Design Division to establish a memorandum of understanding with a certified industrial hygienist or equivalent to perform the monitoring of the abatement, prior to commencement of the work. Once the department has taken possession of a parcel, salvage of any materials or structures will not be permitted until an inspection for asbestos and hazardous waste materials has been made and all hazardous waste or ACM has been removed.
The project manager will ensure there is close coordination between the district staff concerning right of way acquisition, plan development and contract administration for the removal of all improvements. Additional resources for hazardous waste screening, materials testing and contract proposal preparation can be obtained from the Design Division as needed. When parcels containing buildings, structures, wells, septic tanks, individual lagoons or other improvements, which may remain vacant or unattended for an extended time are acquired, it is preferred a contract is awarded for demolition and removal of improvements in advance of the general roadway contract.
This is done to remove safety hazards, minimize liability and maintain an orderly right of way. Specifications governing this work are contained in Section of the Missouri Standard Specifications for Highway Construction. It is desired to make administration of these demolition and removal contracts efficient by grouping together work from various projects within the district.
The quantities in this proposal need to be tabulated by parcel for each roadway project to be included. Job special provision JSP, Demolition and Removal Contract , will be used for these advanced removals of improvements. It is recommended the district anticipate those parcels that will be acquired within a 12 month period throughout the district and include them in one contract for demolition and removal of improvements.
Job Special Provisions will designate petroleum storage tanks, lagoons, or other items that require early removal as a first or early order of work after the notice to proceed.
There will be special cases when abatement of ACM and demolition and removal of buildings are included in the general roadway contract. Where the recommendations call for the existing roadway to be transferred to another local government agency, written documentation will be included in the CRSR that outlines the terms of the commitment made by that agency for accepting the sections of existing roadway.
In addition, information must be included in the CRSR if an existing route is retained but its classification or the state system is changed. Available options for the disposition of the existing roadway may range from retention in the state highway system to transfer to another government agency or even total abandonment. An approved CRSR that requires a section of existing roadway to be transferred to another owner, public or private, will also require the preparation and execution of a roadway relinquishment agreement.
Guidelines for the preparation of this agreement are found in EPG Category : Right of Way. Navigation menu Personal tools Log in. Namespaces Page Discussion. Views Read View source View history. Search Options EPG search. This page was last edited on 25 October , at Functional Classification. Access Control and Layout of Diamond Interchanges. Form T Certification Document. Right of Way Plans Checklist. Sample Letter for Condemnation. Sample Letter for Condemnation Amended Plans.
Functional classification Functional classification is the process by which streets and highways are grouped into classes, or systems, according to the character of service they are intended to provide. How do I stop right of way? How many feet from the road does the town own? Where is the street right of way line? What is a 50 foot right of way? When exiting a parking lot who has the right of way?
How does the law define the right of way? Are property lines measured from the center of the road? Are ditches public property? Where does a setback start? What is a county right of way? How far does a house have to be from the street? What is side yard setback?
What is ingress and egress mean? Locating property irons on a property. Measuring one half the width of the right-of-way, if width is known. Caution: This may be a representative method as a general rule of thumb for estimating an approximate right-of-way line, but is not an accurate method for determining the right-of-way.
0コメント