Any person may plant a tree, shrub or other vegetation within the public right-of-way immediately adjacent to his property provided the following conditions are met:
a. The tree to be planted is not an undesirable tree species, as provided herein.
b. The median spacing between trees is forty-five feet (45') for a large tree, thirty-five feet (35') for a medium tree and twenty-five feet (25') for a small tree.
c. The tree location is to be at least twenty feet (20') from the curb of an intersection of a street and outside the sight triangle as defined in the Zoning Ordinance. In addition, the tree or other planted vegetation shall not cause a significant sight visibility problem to motorists or pedestrians.
d. The tree location is to be at least ten feet (10') from fire hydrants or utility poles.
e. A small tree shall be used when planting within twenty (20’) lateral feet of overhead utility wires. A small or medium tree is to be used when planting within twenty (20’) to thirty (30’) lateral feet of overhead utility wires.
f. No tree shall be planted in the public right-of-way between the street curb and the sidewalk, commonly called the "utility strip," unless the area is no less than four (4’) feet in any direction and a total of at least fifty (50) square feet in area.
g. If any tree is planted in a utility strip, it must be a medium sized tree only.
h. Since the size of the public right-of-way varies, it is the responsibility of the property owner or the person or organization planting the tree, shrub or other vegetation to determine the location of the right-of-way. The property owner or the person or organization planting the tree, shrub or other vegetation can get assistance in locating the right-of-way by contacting the City. The property owner or the person or organization planting the tree, shrub or other vegetation shall be responsible for any damages to underground utilities and should call You Dig at 811 prior to any work being performed. The property owner or the person or organization planting the tree agrees to maintain the tree after it is planted.
i. Planting of tree and vegetation shall not be in ditches or obstruct the flow of stormwater.
j. The City assumes no liability for trees or other vegetation planted in any rights-of-way.
(Ord. BG2001-52, 11/20/2001; Ord. BG2004-21, 5/4/2004; Ord. BG2011-4, 2/1/2011)