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(a) No walk shall be installed in the right-of-way from the curb to the City sidewalk. No walk shall be installed behind the curb unless it is authorized sidewalk, as approved by the Municipal Engineer. All areas in the right-of-way not covered by authorized sidewalk or drive apron shall be covered by grass, as approved by the Municipal Engineer. Exceptions and approvals to this section shall be limited to the following:
(1) Street trees shall be allowed to be planted and maintained in tree lawns only as they may be approved by the Municipal Arborist pursuant to Chapter 1018;
(2) Sprinkler heads within the City tree lawn shall only be permitted along the edge of the sidewalk as authorized by the Building Department and Public Works Department pursuant to Section 608.16.5 of the 2007 Ohio Plumbing Code and Section 1010.02 respectively. A right-of-way permit shall be required from the Public Works Department for all sprinklers installed within the right-of-way.
(3) Mailbox posts shall conform to the standards established by the Ohio Department of Transportation Manual of Uniform Traffic Control Devices (ODOT MUTCD) Section 803.11 Mailbox Supports, shall be limited to 4" x 4" wood posts or two inch diameter steel pipes, and shall not require permit approval for installation.
(4) Certain items in the City tree lawns that are otherwise in violation of the foregoing provisions of this section may be permitted to remain in their current locations in accordance with and subject to the terms and conditions of Section 1010.111.
(b) Notwithstanding any other provision of this chapter or Chapter 1018 to the contrary, upon application of a property owner, the Director of Public Works may allow trees, shrubs, grasses, vegetation and other plants or landscape features not specifically permitted by division (a) of this section to be planted, installed and maintained in the tree lawn abutting such owner's property if the Director of Public Works determines that:
(1) Such trees, shrubs, grasses, vegetation or other plants will not violate Section 668.01 of the Code of Ordinances;
(2) The vegetation or plants are not considered noxious weeds or undesirable vegetation under Section 668.02(a)(1), (a)(2) or (a)(4) of the Code of Ordinances; and
(3) Such trees, shrubs, grasses, vegetation, other plants, or landscape features will not constitute an obstruction or a nuisance.
(4) Any utility appurtenance i.e. valve covers, manhole covers, water meters, and valve boxes cannot be covered.
(5) No person shall stand or park a vehicle upon any tree lawn for which the owner of the tree lawn has obtained a pollinator planting permit.
All trees, shrubs, grasses, vegetation or other plants or landscape features planted, installed or maintained pursuant to this division (b) shall be subject to the applicable provisions of Section 668.01 of the Code of Ordinances.
(Ord. 56-90. Passed 3-26-90; Ord. 133-2011. Passed 12-12-11; Ord. 43-2014. Passed 4-14-14; Ord. 110-2015. Passed 9-14-15; Ord. 9-2020. Passed 2-10-20.)