After December 1, 1992, no berming, planting of evergreens or shrubs, or placement of any objects on public property along a street shall be permitted, except as authorized elsewhere in this code. It is recognized, however, that certain existing plantings and berms may be retained on public property. The following regulations shall apply to those obstructions installed or constructed prior to, and which remain:
A. Sight Triangle Determined:
1. Stopping Sight Distance: Adequate visibility is to be provided along the approaches of two (2) streets at an intersection and across their included corners for a distance sufficient to allow drivers, approaching simultaneously, to see each other in time to prevent a collision. Stopping sight distance is the sum of the distance traversed by a vehicle from the instant the driver sights an object necessitating a stop to the instant the brakes are applied and the distance required to stop the vehicle from the instant brake application begins. Factors include the vehicle speed, reaction time of the driver, friction factor between tires and roadway, and grade of the roadway. The stopping sight distance shall meet the requirements of the following equation:
SSD = 1.47*V*t + (V2)/[30(f±g)]
SSD = stopping sight distance, feet
V = vehicle speed, mph
t = reaction time, sec
f = friction factor
g = grade on the approach, decimal equivalent
The equation comes from "A Policy On Geometric Design Of Highways And Streets", AASHTO. Using the above equation, the following table depicts stopping sight distances. Assumptions include t = 2.5 sec, f = 0.5, level terrain, eye height of 3.5 feet, object height of 4.25 feet, passenger cars only and dry pavement. When able to be obtained, the vehicle speed shall be the measured 85th percentile speed. Else, the posted speed limit is to be used.
Vehicle Speed
(mph) | Stopping Sight Distance (Feet) |
Vehicle Speed
(mph) | Stopping Sight Distance (Feet) |
20 | 100 |
25 | 130 |
30 | 170 |
35 | 210 |
40 | 250 |
45 | 300 |
50 | 350 |
55 | 400 |
Longer stopping sight distances may be required for locations which deviate from these assumptions. For special circumstances, the appropriate stopping sight distance shall be determined using "A Policy On Geometric Design Of Highways And Streets" as a guideline along with the approval of the director of public works.
2. Intersection Sight Distance: Adequate visibility is to be provided for a driver to make a safe departure from a stopped position on the minor street and complete the turning maneuver onto or travel through the major street. Intersection sight distance is the distance measured along the major street of the driver's visibility of traffic conditions along the major street when stopped on the minor street. The stop position of the driver is a point four feet (4') behind the stop bar or four feet (4') behind the stop sign or closest traffic signal if a stop bar is not present. The intersection sight distance shall meet those requirements shown on the following table:
Speed On Major Street
(mph) | Intersection Sight Distance (Feet) |
Speed On Major Street
(mph) | Intersection Sight Distance (Feet) |
20 | 230 |
25 | 300 |
30 | 380 |
35 | 480 |
40 | 590 |
45 | 710 |
50 | 840 |
55 | 990 |
The intersection sight distances are derived from "A Policy On Geometric Design Of Highways And Streets", AASHTO. Assumptions include level terrain, two (2) lane major street, stop control on minor street, eye height of 3.5 feet, object height of 4.25 feet, passenger cars only and dry pavement. When able to be obtained, the vehicle speed shall be the measured 85th percentile speed. Else, the posted speed limit is to be used. Intersection sight distances shall be interpolated for speeds that are not indicated on the above table.
Longer intersection sight distances may be required for locations which deviate from these assumptions. For special circumstances, the appropriate intersection sight distance shall be determined using "A Policy On Geometric Design Of Highways And Streets" as a guideline along with the approval of the director of public works.
3. Sight Triangle: At an uncontrolled or yield controlled intersection, the legs of the triangle shall be the minimum stopping sight distance for each street. The measurement along the street shall commence at the edge of the travel lane on the cross street closest to the approaching vehicle and be measured along the center of the travel lane for which the stopping sight distance applies.
At a stop controlled or signalized intersection, the leg of the triangle along the major street shall be the minimum intersection sight distance. The measurement along the major street shall commence at the edge of the travel lane on the minor street closest to the approaching vehicle and be measured along the center of the travel lane for which the intersection sight distance applies. For multilane major streets, the through lane closest to the centerline shall apply as the travel lane for approaching vehicles to the right of the minor street and the curb lane shall apply as the travel lane for approaching vehicles to the left of the minor street. The leg of the triangle along the minor street shall be the distance from the edge of the travel lane on the major street closest to the vehicle on the minor street to a point four feet (4') behind the stop bar or four feet (4') behind the stop sign or closest traffic signal if a stop bar is not present. The measurement shall be made along the center of the travel lane on the minor street.
At the intersection of a street and driveway, the leg of the triangle along the major street shall be the minimum intersection sight distance. The measurement along the street shall commence at the edge of the driveway closest to the approaching vehicle and be measured along the center of the travel lane for which the intersection sight distance applies. For multilane streets, the through lane closest to the centerline shall apply as the travel lane for approaching vehicles to the right of the driveway and the curb lane shall apply as the travel lane for approaching vehicles to the left of the driveway. The leg of the triangle along the driveway shall be the distance from the edge of the travel lane on the street closest to the vehicle on the driveway to a point ten feet (10') from the pavement edge of the street. The measurement shall be made along the center of the driveway.
4. Definitions: For the purposes of determining intersection sight distances and sight triangles, the following definitions shall apply:
MAJOR STREET: The cross street to a vehicle stopped at an intersection.
MINOR STREET: The roadway on which a vehicle is stopped at an intersection.
B. Sight Triangles Regulated: Within a sight triangle, the area from three feet (3') to six feet (6') above the top of the curb, or edge of the pavement on a street with no curbs, shall be kept free and clear of any obstruction. A single stemmed tree shall be considered to be an obstruction only if its trunk, as measured six inches (6") above the ground exceeds three inches (3") in diameter and the lowest growth from its branches is lower than six feet (6') above the top of the curb or edge of the pavement.
An obstruction within a sight triangle that is identified by village staff or a resident as being unsafe shall be inspected by the director of public works according to the standards in this section. If the director of public works determines that the planting or berm constitutes a sight obstruction, a written order to prune or remove the obstruction shall be served on the property owner by regular mail. If the obstruction is not eliminated or an appeal filed within thirty (30) days of such notice, the village reserves the right to cause such obstruction to be pruned, modified or removed and to bill the owner for the cost of the work.
A property owner may appeal the order to prune or remove by filing with the director of public works a written request for review by the village transportation safety commission. The request for review must be filed within thirty (30) days of mailing of the order. The decision of the transportation safety commission shall be binding unless appealed to the president and board of trustees of the village by filing a written notice of appeal with the village manager within fourteen (14) days of the transportation safety commission's decision.
In any hearing before the transportation safety commission or review by the president and board of trustees, it shall be the burden of the person desiring to keep the planting, berm or object to prove by clear and convincing evidence that such does not constitute a sight obstruction.
The inquiry of the transportation safety commission and/or the president and board of trustees shall be limited to:
1. Whether the plantings or berms violate a regulation of article VII of this chapter; or
2. Whether the plantings, objects or berms actually limit the view of motorists, cyclists or pedestrians.
For regulatory purposes, the sight triangle shall not include private property.
C. Assumption Of Risk: Any berming or any planting or keeping of evergreen trees or shrubs, or objects on public property, a right of way or easement is done at the risk of the adjacent property owner. The village shall not be responsible for the replacement of any planting or berm or repair of any object of any kind or nature maintained by any person or private property owner within a public right of way or easement. Additionally, by the act of berming, planting or keeping of evergreen trees or shrubs or placement of any object on public property the person so doing covenants and implies consent to defend and hold the village harmless against any claims by any party for damages or injury that allegedly resulted from the evergreen trees, shrubs, berms or objects. (Ord. 5253, 5-21-2002; amd. Ord. 5867, 7-19-2011)