§ 155.53 INSTALLATION, MAINTENANCE BY ABUTTING PROPERTY OWNERS.
   All trees shall be installed and maintained by the owner of the adjacent private property in a sound, skillful manner and according to accepted good planting and maintenance procedures using species prescribed within § 155.52. All trees shall be maintained with a minimum of seven foot clearance above grade at all times. The location within which trees required by this subchapter are to be planted shall be determined according to the following criteria:
   (A)   Within swale area. All trees required by this subchapter except when the available planting area within such swale area is within any of the following:
      (1)   Within 25 feet of any intersecting street, measured from the point of intersecting right-of-way lines of such streets.
      (2)   Within 25 feet of any public storm drainage structures or drainfields, street lights or fire hydrants.
      (3)   Within ten feet of any intersecting alley.
      (4)   Within 25 feet of any driveway serving commercial or industrial development.
      (5)   Within a swale area of sufficient width to allow planting of trees with 2.5 feet of clearance from the adjacent edges of all local and collector roadways, sidewalks, and four feet from all arterial roadways.
      (6)   All trees planted in swale areas underneath overhead utilities shall be of a species from a list maintained by the Office of Planning and found in the city's Landscape Manual.
   (B)   On the subject private property all trees required by this subchapter which cannot be planted within the swale area due to a conflict with provisions of division (A) of this section.
   (C)   On other swale area or public property or by donation to the city when determined by the Director of the Office of Planning that the subject private property will not allow such planting due to already existing vegetation.
(‘72 Code, § 17-57) (Ord. O-74-129, passed 12-4-74; Am. Ord. O-79-62, passed 11-19-79; Am. Ord. O-90-06, passed 1-17-90; Am. Ord. O-99-35, passed 10-20-99; Am. Ord. O-2001-23, passed 6-30-01; Am. Ord. O-2004-06, passed 1-21-04)