Intersection Visibility & Other PUD Provisions

Submitted by Joe Bower – Sierra Canyon Homeowner

Here it is June 7, 2016 and the offending trees in visibility corners on parkways are still standing.

Safety is the Number One concern of the Board and owners. It doesn’t matter if drivers, even walkers, can see oncoming vehicles “through or around” such trees. Their removal will immediately erase any doubts about visibility while at the same time ensure the main governing document, PUD, of our Association has been followed, i.e. following the document takes care of the sight problem.

Why has the PUD not been followed as far back as the day the subject trees were first planted? Why is the Board so quick to jump on new owner architectural plans and existing owner landscaping plans while ignoring three key provisions of the PUD?

Do we need lawyers to interpret what is emphasized below?

1) “Within visibility triangles all trees WILL BE pruned such that no branches extend lower than six feet above curb level at time of planting and 8’ above curb height at maturity.”

2) “ALL COMMON AREAS, including pedestrian easements, streetscapes, open space, parks, ‘commons,’ AND TRAILS WILL BE MAINTAINED by the Somersett Owners Association.” The Board admitted responsibility for all trails in January 2016, but has yet to admit for all common areas which include those in the three sub-associations as they are part of the PUD. Subs don’t need their own landscape companies and the Sierra Canyon sub doesn’t need a Maintenance Easement Agreement for Somersett to do landscaping work in certain areas that the PUD already requires Somersett to do.

3) “To encourage and again lead by example the Club at Town Center SHALL have a thermal solar pool heater installed within 1 year of approval of the PUD amendment.” The PUD was recorded 03/12/2009.

While the Board dithers about the visibility trees and what to plant in their place, it should not overlook the PUD provision, “Other plants WILL NOT exceed eighteen (18) inches in height above any curb level.”

Next up, private trees in visibility corners.