166.01 DEFINITION.

For use in this chapter, "parking" means that part of the public right-of-way in the City not covered by the sidewalk and lying between the lot line and the curb line; or, on streets without curbs, that part of the public right-of-way lying between the lot line and that portion of the street usually traveled by vehicular traffic.

166.02 PERMIT REQUIRED.

It is unlawful for any person to commence or proceed with the planting of any tree within the parking, without first obtaining a permit therefor.

166.03 PERMIT APPLICATION.

The application for a permit for the planting of any tree within the parking, as provided in this chapter, shall be made by the owner, duly authorized in writing, or by his or her agent to the Public Works Director or designee.

166.04 PERMIT PLANS REQUIRED.

Before the issuance of the permit required by this chapter, the applicant therefor shall submit with the application in a form satisfactory to the City, a plan of the work as proposed to be made, showing in detail the type of tree and its location along the street with reference to the street, sidewalk, driveway, any light poles, traffic signs, fire hydrants, mailboxes, and property lines. No permit shall be issued until such plans are filed with the Public Works Director or designee and approved by the City.

166.05 PERMIT SPECIFICATIONS.

The minimum tree diameter size, minimum planting area, tree alignment, tree separation, and allowed street trees shall be defined in the Street Tree Planting Permit Guidelines.

166.06 PERMIT INSPECTION.

All trees planted in the parking shall be planted in compliance with the Street Tree Planting Permit Guidelines. The applicant shall notify the Public Works Director or designee after proposed tree locations have been marked, for the City to inspect.

166.07 DUTY TO TRIM TREES.

The owner or agent of property abutting public right-of-way shall keep any trees, shrubs, or other plantings overhanging the street, alley, or sidewalk trimmed so that all branches will be at least fifteen (15) feet above the surface of the street or alley and eight (8) feet above the surface of the sidewalk. If the abutting property owner fails to trim the trees, shrubs, or other plantings, the City shall follow the Nuisance Abatement Procedures (see Chapter 50).

(Code of Iowa, Sec. 364.12[2c, d & e])