(A) A permit shall be obtained prior to any vegetative planting excluding grass seeding/sodding within the right-of-way. Vegetative planting shall be subject to a plan review as indicated in that section of this chapter. Maintenance of any vegetative planting including grass shall be passive maintenance as defined in § 162.02(B ) of the Hopkinsv ille Code of Ordinances.
(1) Standards.
(a) Any new planting excluding grass seeding/sodding within the right-of-way shall maintain a minimum setback of five feet from the paved surface. Where sidewalks are located within the right-of-way, the exterior edge of the sidewalk shall be considered the edge of the paved surface. In no case shall vegetative plantings excluding grass seeding/sodding be located between a street and a sidewalk or obstruct the continuity of a sidewalk.
1. Shoulder landscaping. The measurement of the radius of the planting shall not exceed the distance from the base of the plant to the five-foot setback line from the exterior edge of the paved surface. In addition, the height of the plants shall not exceed the distance from the base of the plant to the five-foot setback line from the exterior edge of the paved surface (Figure 1). In no circumstance shall plantings be placed between the curb and the sidewalks (Figure 2).
FIGURE 1
FIGURE 2
2. Median landscaping. The measurement of the radius of the planting shall not exceed the distance from the base of the plant to the five-foot setback line from the interior edge of the paved surface. In addition, the height of the plants shall not exceed the distance from the base of the plant to the five-foot setback line from the interior edge of the paved surface (Figure 2). All medians shall comply with § 162.04(C) of the Hopkinsville Code of Ordinances.
FIGURE 3
(B) Any existing or new planting within or near the right-of-way including limbs extending into the right-of-way deemed to be a risk to public safety may be removed by the city at any time. Under no circumstances shall any new planting or portion thereof whose base may or may not be located within the right-of-way overhang the paved surface of the street.
(C) Planting excluding grass seed/sodding shall not be permitted within the right-of-way utilizing ditches as a means to channel stormwater runoff.
(D) Any proposed planting not conforming to the standards within this chapter shall be reviewed by the city or its designee and other appropriate agencies for a determination of compatibility with the intent of this chapter.
(E) Plantings over three feet at maturity shall not be place within the 30-foot sight-triangle (Figure 4).
FIGURE 4
(Ord. 40-2006, passed 10-17-2006)