A. Landowners shall not be required to register to work within the right-of-way as set forth in this chapter. Work within the right-of-way by landowners shall be regulated as follows:
1. Signs: The regulation of signs within the right-of-way shall be as set forth in section 10-5-1 of this Code.
2. Staking: Landowners may not install stakes within the right- of-way to obstruct snowplows, car traffic or for any other use. Instead, landowners may ask the City to install such stakes and the City, in its sole discretion, may install stakes where it sees fit to protect the turf within the right-of-way.
3. Mailboxes: See City of Baxter's most recent revision of the "Public Works Policy Manual".
4. Lawns And Sprinkler Systems: Landowners may install and maintain lawn and lawn sprinklers within the right-of-way without permit or City review. However, the City, in its sole discretion, may have to disturb or damage said lawn or sprinkler system from time to time to properly maintain the right-of-way or enable necessary utility use within the right-of-way. Landowners install such lawns and sprinkler systems at their own risk and shall not have a claim against the City or any utility, working within its rights under a properly issued City permit, for the destruction or disturbance of lawns or sprinkler systems within the right-of- way.
5. Trees:
a. Trees planted within the right-of-way prior to the adoption of this chapter may remain, subject to the ongoing right of the City to either trim or remove said tree if, in the City's sole discretion, the tree is obstructing sightlines or hindering utilities.
b. Trees may be planted after the passage of this chapter, but only upon application and acceptance of a landscape plan and with a written limited use agreement with the City.
6. Nuisances Within The Right-Of-Way: See section 4-1-4 of this Code.
7. Parking: For off street parking regulations, see section 10-5-2 of this Code. For parking within the right-of-way, see title 6, chapter 2 of this Code.
8. Access To City Streets: See subsection 10-5-2D of this Code.
9. Stormwater Ponds: Stormwater retention requirements as set forth in titles 10 and 11 of this Code may not be satisfied by using ponding or constructing new ponding/stormwater facilities within the right-of-way.
10. Landscaping, Structures And Fences: No landscaping rocks, fences or other structures shall be allowed within the right-of- way unless specifically authorized by the City and with a written limited use agreement with the City.
11. Rain Gardens: Rain gardens may not be installed within the right-of-way. (Ord. 2019-003, 3-19-2019)
12. Streetlights: (Rep. by Ord. 2014-19, 6-17-2014)
13. Nonconforming Structures Or Uses Now In Right-Of-Way: Nonconforming uses or structures within the right-of-way after the passage of this chapter shall apply for an after the fact variance or application as set forth in this section or shall be considered a public nuisance as set forth in subsection C of this section.
B. Written Limited Use Agreement: For City approval of any use or structure within the right-of-way as listed above, the applicant shall submit an application to the Utilities Commission for approval. Plan submittals shall be as set forth for landscape plans in subsection 10-4-8D3 of this Code. Any applicable fees shall be as set forth in the annual fee schedule.
C. Penalty: Any work done or remaining in the right-of-way after the passage of this chapter and in violation thereof shall be declared a public nuisance and remedied as set forth in title 4, chapter 1 of this Code. (Ord. 2019-003, 3-19-2019)