(A) Purpose. The purpose of this section is to establish criteria for private plantings and landscaping features within the terrace portion of the public right-of-way. This section will allow for the permissive use of the terrace, provided such use does not interfere with the public’s use of the space. Uses inconsistent with this section may be subject to penalty hereunder or may require approval under other sections of this code. The general scope of this section covers the installation and maintenance of privately placed items within the terrace.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
LANDSCAPING FEATURES. Items meant to protect approved plantings, such as mulch, small rocks, landscaping bricks, edging, or other similar features.
OCCUPANT. Any person who legally resides in a residential property immediately adjacent to a terrace, including any individual condominium owner within a condominium development.
OWNER. The person who has legal title to a property immediately adjacent to a terrace, and, for multi-unit properties, includes condominium associations.
PERMISSIBLE PLANTINGS. Those plants, other than trees and shrubs, and landscape features that have been deemed permissible plantings under division (D) below.
PUBLIC RIGHT-OF-WAY. Those areas existing or acquired by dedication or by fee simple for highway purposes; also, the areas acquired by temporary easement during the time the easement is in effect.
TERRACE. That portion of the public right-of-way in between the curb, or edge of roadway if no curb is present, and the adjoining lot line, whether or not the area is occupied by a sidewalk.
(C) Permits. A permit shall be required by the City Engineer for an owner or occupant to be able to plant, maintain, and cultivate permissible plantings and landscaping features within the terrace adjoining the owner’s property. There shall be no cost for this permit. The owner or occupant shall be required to provide a landscaping plan or sketch upon application for a permit. Traditional lawn turf is approved for all terraces and shall not require a permit from the City Engineer. The City Engineer shall have the right to remove or restrict any terrace plantings or landscape features that are deemed to interfere with (1) the safety of pedestrians and motorists, (2) city or utility maintenance operations, or (3) other authorized use of the terrace.
(D) Permissible plantings. The owner of a property may plant, maintain, and cultivate or allow an occupant of the property to plant, maintain, and cultivate certain plants and landscaping features within the terrace adjoining the owner’s property if said plantings and landscaping features are consistent with the requirements of this division. Plantings may not include any trees or shrubs. The planting of trees and shrubs are subject to §§ 97.035 - 97.038. Plantings and landscape features are permissible plantings under this division if the following conditions are met:
(1) Approved plantings. Any non-woody plantings including flower gardens, natural grasses, or other plants shall be allowed provided they comply with division (F) of this section and do not exceed 30 inches in height. Vegetable gardens shall not be allowed on the terrace. Any plant species that are designated as an exotic weed by the Illinois Exotic Weed Act (ILCS Ch. 525, Act 10, § 3) shall not be allowed.
(2) Landscaping features. Landscaping features shall be allowed provided the materials are stable, do not create any potential public safety hazard, and are easily removable. Pots, concrete planters, and irrigation equipment and the like are not landscaping features and shall not be allowed.
(3) Control of noxious weeds. It shall be unlawful to maintain or permit to grow any weeds prohibited by the Illinois Noxious Weed Law (ILCS Ch. 505, Act 100, §§ 1 et seq.) within the corporate limits of the city. Property owners and occupants have an affirmative duty to remove such weeds.
(E) Non-plant materials.
(1) All items placed in the terrace shall be easily removable to facilitate the repair and installation of public utilities.
(2) Due to the narrow width and possible restriction of public use, raised planting beds in the terrace are not allowed.
(3) Under no circumstances shall any material (including soil) be placed on top of water valves or utility access hole covers. The utilities shall remain visible and undisturbed.
(F) Planting requirements.
(2) The owner or occupant seeking to place permissible plantings in the terrace is responsible for contacting the Joint Utility Locating Information for Excavators (J.U.L.I.E) by calling 8-1-1 or 800-892-0123 or submitting an online request before they dig in order to identify and mark any underground utilities prior to digging within the terrace.
(3) Any chemical agent, insecticide or fertilizer must be applied in accordance with the manufacturer’s label instructions and any state and federal regulations where applicable.
(4) In order to provide a clear view at intersections for all users of the traveled way, an area within each intersection shall be kept clear of any plant over 18 inches in height in the areas as defined in divisions (F)(4)(a) and (b) below.
(a) At the intersection of two streets abutting a comer lot, the clear vision area shall be all the area in the public right-of-way within the 30 feet sight triangle extended to the curb line or edge of the street if there is no curb. (Zone A).
(b) At the intersection of a street with a private road, driveway, or alley, the clear vision area shall be all the area within four feet of the private road, driveway, or alley. (Zone B).
(5) In order to provide an unobstructed path and keep plant growth out of the street the following restrictions apply:
(a) An area one foot back from the curb and public sidewalk, shall be kept be clear of any plant over 12 inches in height. (Zone C). When no curb is present the area shall be no closer than ten feet from the edge of the roadway. Under no circumstance shall any plant encroach over a sidewalk, curb, or roadway edge.
(b) No plants or landscaping features shall be placed within a six foot radius of a fire hydrant.
(c) Plants and non-plant materials shall not create tripping hazards or have puncture or cutting potential. Sharp comers and edges of materials shall be rounded or beveled.
(d) Under no circumstances shall an approved planting or landscaping feature obstruct or endanger the public’s use of a roadway, sidewalk or other multi-use path, and all approved plantings and landscaping features shall be maintained so as not to interfere with the public’s right of travel over these areas, or the visibility required to exit private driveways.
Figure 97.020 (4)(5)
(G) Maintenance of approved plantings and landscaping features.
(1) Approved plantings and landscaping features shall be maintained in a safe manner, free of any unapproved planting or landscaping features and in the areas allowed under this section. The owner or occupant responsible for the permissible plantings accepts full responsibility for the care and maintenance of the permissible plantings and understands that permissible plantings in the terrace are made at their own risk.
(2) The owner or occupant responsible for the permissible plantings and landscaping features shall frequently inspect and maintain them and at a minimum, must address the following:
(a) Removal of invasive plants.
(b) Removal of trash, leaves, or other debris.
(c) Repairing areas of erosion.
(d) Keeping the plants trimmed within the terrace.
(H) Access by city or public utility companies. All terraces are public property and are subject to the right of the city and public utility companies to perform necessary work; to access, install, and maintain utilities, to widen, repair, or reconstruct curbing, ditches, sidewalks, and streets, and to store excess snow.
(1) Prior to performing any public works project that may threaten any permissible planting, the city shall attempt to notify property owners and occupants of the city’s plans in order to give the owner or occupant sufficient time to relocate the plantings (for example, public works projects such as street reconstruction, utility work, or tree removal and/or replacement). Said notice shall be provided either personally or by regular mail at least ten days prior to the work being performed. This notification provision shall not apply in emergency situations or where such notice is not practicable. If the city removes approved plantings or landscaping features after the ten day notice period or during an emergency situation, the city shall not compensate the owner or occupant.
(2) In the event the city or public utility companies interfere with terrace plantings or landscape features in the course of such work, the city or public utility companies shall be responsible only to restore the terrace to a traditional lawn turf condition.
(3) In no event shall the city or public utility companies be liable for any damage to, disruption of, or removal of terrace plantings or landscape features, either direct or indirect, as a result of the city or public utility companies performing any installation, maintenance, or repairs in the public right-of-way.
(I) Non-compliant plantings and landscaping features. The City Engineer shall serve a written notice either personally or by regular mail to the owner and occupant for any plantings or landscaping features located on any terrace that are not in compliance with the provisions of this section. The notice shall provide the owner or occupant ten days to bring the plantings or landscaping features in compliance with the provisions of this section. Upon refusal or neglect to comply with the notice from the City Engineer, the City Engineer may remove the plantings and landscaping features and restore the terrace back to traditional lawn turf. The cost of removal shall be assessed against the lot adjoining the terrace upon which the plantings or landscaping features were located. The enforcement of this section shall be under the supervision of the City Engineer. Nothing in this division shall prohibit the City Attorney from seeking legal or equitable remedies against an owner or occupant who does not remove non-compliant plantings or landscaping features.
(Ord. 22-3667, passed 4-4-2022)