The applicant for a permit to plant trees or other plants in
the right-of-way shall show in his application, or by sketch, the
proposed location and the kind of plants. No change shall be made
in either the location or kind without the approval of the Director.
Upon planting trees or other plants in the right-of-way, such trees
or other plants shall become the property of the City.
(§ 1, Ord. 645, eff. March 12, 1987)
The Director may refuse to issue a permit authorizing the planting
of trees or other plants in the right-of-way when, in his opinion,
the location, the nature of growth, or the kind of tree, shrub, or
other plant will be deleterious to the public highway, will unduly
disturb the right-of-way, or in any way will impede construction or
the maintenance of facilities.
(§ 1, Ord. 645, eff. March 12, 1987)
The trimming of trees shall be permitted only when and in the
manner authorized by a permit so that the shapeliness of the tree
may be preserved. The removal of non-hazardous live trees shall require
Council approval; dead or hazardous trees may be removed at the discretion
of the Director. The removal of trees will be approved, and a permit
issued, only when a necessity for removal exists. When a tree is removed,
the entire stump shall be taken out at least one foot below the existing
or proposed subgrade, unless otherwise specified in the permit, and
the hole back-filled and compacted. All debris from trimming or removal
shall be removed from the site, and the right-of-way shall be restored
to its former condition. A suitable replacement tree may be required.
(§ 1, Ord. 645, eff. March 12, 1987)
It shall be permissible to plant and maintain a lawn or similar
ground cover not prohibited by law within the right-of-way of a public
highway without a permit. However, the lawn or similar ground cover
shall not extend into the traveled way of the public highway nor into
the drainage ditches, gutters, or other improved facilities.
(§ 1, Ord. 645, eff. March 12, 1987)
The public may not be denied the use of the planted area for
pedestrian or other lawful uses. The City may use the planted area
for any purpose and may issue a permit to any applicant to perform
encroachment work pursuant to this chapter. If the lawn or similar
ground cover is damaged in the course of an authorized encroachment,
the permittee who caused the damage will be responsible for the replacement
thereof, unless the permit specifically states otherwise.
(§ 1, Ord. 645, eff. March 12, 1987)
No hedge, shrub, or other planting and no fence or other structure
shall be planted or erected in a right-of-way without a permit, nor
shall such hedge, shrub, planting, fence, or other structure be erected
or maintained in such manner which unreasonably and dangerously impedes,
obstructs, denies, or impairs the sight distance for safe pedestrian
or vehicular traffic.
(§ 1, Ord. 645, eff. March 12, 1987)
The permittee shall maintain hedges and shrubs, or other plantings,
and fences or similar structures in a neat and orderly condition.
If the encroachment is not so maintained, the Director may direct
the permittee to remove the encroachment and restore the right-of-way
to its former condition at the expense of the permittee.
(§ 1, Ord. 645, eff. March 12, 1987)
Permits for plantings existing on March 12, 1987, shall not
be required. However, such existing plantings shall be maintained
in accordance with this chapter.
(§ 1, Ord. 645, eff. March 12, 1987)
