A. All persons owning abutting property are responsible for planting trees and landscaping in the boulevard in accordance with the following standards:
1. Except as provided below, boulevards must be planted with living and healthy species of trees as specified in the Helena arboricultural standards, and contain no less than sixty percent (60%) live vegetative cover. If this live vegetative cover consists entirely of plants that do not require supplemental water or irrigation once established, or consists entirely of plants that are native to Lewis And Clark County, then those areas may contain as little as fifty percent (50%) live vegetative cover. The projected drip line of an average shrub, bush, or tree of that species at five (5) years of age may be used in calculating minimum vegetative coverage. The remainder of the area may be covered in inorganic materials that are permeable to water. The landscaping may not create any unsafe condition for the public using the right of way.
2. For those areas where there is curb only, or where a curb type sidewalk has been installed, or where portions of the right of way are between the sidewalk and property line, the right of way must be landscaped and maintained as an integral part of the adjacent property owner's landscape.
3. Boulevard trees must be planted within eighteen (18) months from the date of the certificate of occupancy for the primary structure on the adjacent property. A tree permit is required from the department prior to planting boulevard trees.
4. Only trees that comply with the Helena arboricultural standards may be planted in the boulevard.
5. Permeable pavers or a permeable surface designed to support street legal vehicles may be installed for parking purposes, stormwater diversion, and irrigation in any boulevard that has been appropriately designated by the city as allowable parking space, subject to approval by the public works department. Areas designated for permeable pavers or surface as described above will not be included when calculating organic coverage requirements.
6. Water collection systems to utilize stormwater for tree irrigation may be installed in any boulevard subject to approval by the public works department for installation and maintenance, with the cost of maintenance to be borne by the abutting property owner.
B. The abutting property owner is required to maintain boulevard landscaping and boulevard trees by watering, fertilizing, and performing minor pruning of boulevard trees according to the Helena arboricultural standards. Abutting property owners who elect to plant fruit trees are required to keep the adjacent sidewalk, curb, gutter, and street cleared of fruit at all times. (Ord. 3194, 8-18-2014)