The Town has no code violation for items left on the bikepath except if less than 5' of passable width is available per ADA standards. However, this can be considered a nuisance as it may be a hazard when left overnight.

Interesting, thank you for the information. If I see a hazard such as this on a public trail, I assume it’s ok if I move the hazard out of the way?

Upon further review, the Town does not have jurisdiction to regulate as the path is on private property. Any issues with obstructions must be directed to the property owner or businesses along the frontage.

Was this path created as a condition of development approval? If so, it would seem that the town could/should have basis for requiring that the path be kept in good working order. If not for this particular path, then at least for future development agreements.

I would appreciate if you could review this in the context of the deed recorded in Book 4573, page 526 in the Orange County Register of Deeds which grants to the Town, in perpetuity, an easement over the greenway. Among other terms, conditions, and restrictions of the deed, the easement states that "No building, sign, fence, or other structure shall be erected on or within the Greenway Area" and that the Grantor (East 54 Associates) "shall have the right and duty to maintain the Greenway Easement in a clean, safe, and useable state, consistent with the Town's Master Greenway Plan." Moreover, it states "The Town shall have the right to maintain the Greenway Easement in the event that the Town decides such maintenance is necessary." In addition, the deed explicitly provides the Town the right to institute a lawsuit to demand compliance with the deed. A sketch drawing of the greenway path is included and the deed is referenced in the plat recorded at Book 104, Page 134. In light of this, please advise if the Town can take any action. Thanks very much.

Because this is private property, Public Works does not have jurisdiction to maintain the area. The Greenway easement still requires the property owner and/or tenants to maintain the path free of obstructions. Therefore, correspondence must still be done through the property owner/maintainer. Failure to maintain the stipulations of this agreement is a code violation, which would be regulated by Town Planning and Code Enforcement.

This issue was recategorized from Traffic Safety/Miscellaneous to Code Enforcement.

Chapel Hill, NC assigned this issue to Code Enforcement

Thanks for the response. I believe your interpretation is incorrect as the deed provides the Town specific authority to “maintain the Greenway Easement in the event that the Town decides such maintenance is necessary,” without any need to employ code enforcement or other procedures in its ordinances. However, this is not the appropriate place to resolve this matter, so I will address it with the appropriate Town personnel. Thanks again for your help and ultimately I think it will be very helpful to clarify the Town’s authority to maintain all greenways in its network.

This issue was recategorized from Code Enforcement to P&R- Greenway/Trail Maintenance.

Chapel Hill, NC assigned this issue to Tanner Thompson

I spoke to the property manager. He will have the items removed from the bike path (if they are still there). He also recognized the game, so he will speak to the owner and help them understand the game should not be played on the green way.

Thanks for reaching out to the Town of Chapel Hill. The path in question is on private property and the Town does not maintain or work on items that are located on private property. You may have a desire to reach out to the local restaurant / business to address your concern. Thanks.

I have reviewed and closed this issue. If you feel this issue has not been resolved to your satisfaction, please contact us by phone at (919) 969-5153.

So if anyone come across something like this again on the bike path, feel free to fling it into the closest "private property"