§ 154.063  PLANTING WITHIN PUBLIC RIGHTS-OF-WAY.
   (A)   Type of planting.  Plants to be considered for placing within public rights-of-way shall have as many of the following characteristics as possible:
      (1)   Preferably native species;
      (2)   Resistant to hurricane winds;
      (3)   Nonpoisonous;
      (4)   Resistant to insects and diseases;
      (5)   Free from extensive root system;
      (6)   Hardiness to cold;
      (7)   Adaptable to soil condition;
      (8)   Adaptable to moisture condition;
      (9)   Free from noxious odors;
      (10)   Free from extremely messy fruits, flowers or leaves;
      (11)   Long season of beauty;
      (12)   Free from thorns or like growth; and
      (13)   Long life expectancy.
   (B)   Maintenance of planting.  Approval for a private owner to plant within the right-of-way will be given only where the planting is of a low maintenance type, and the owner is willing and able to maintain the planting in an acceptable condition. If authorized planting is not properly maintained, the town may clear and remove the planting, after due notice to the owner.
   (C)   Location of planting.
      (1)   Planting within road rights-of-way.  All planting within a road right-of-way shall not obstruct visibility at intersections or at any other critical locations along the roadway. Refer to standard detail No. I.
         (a)   Arterial roads and residential streets.  The spacing between trees shall be governed by the ultimate spread of the species and by the conditions present where the trees are to be planted. The spacing of large growing trees on both sides of the road shall be staggered. Planting will not be allowed where it conflicts with the location of an existing or proposed underground utility.
         (b)   Median planting.  Planting within the median of a divided highway may be in serious conflict with traffic safety and underground utility placement; therefore, it is necessary to consider each re-request on an individual basis.
      (2)   Planting within canal rights-of-way.  Control of planting within canal rights-of-way and easements is necessary to provide proper access for maintaining the canals. As there are varied conditions associated with the canal location, it will be necessary to consider each request for planting within a canal right-of-way on an individual basis.
   (D)   Permitting procedure.  A private owner, developer or civic association desiring to plant within the public right-of-way shall submit a written request to the Town Clerk. Accompanying the request shall be two copies of detailed plans of the proposed planting including the following information:
      (1)   Existing utilities and location of proposed plantings to them;
      (2)   Existing roadways and their dimensions;
      (3)   Existing and proposed elevations;
      (4)   Setbacks, yard requirements and easements; and
      (5)   The type, size and number of plant materials to be planted. When approved, a permit will be issued.
   (E)   Recommended plant and tree material.  A list of recommended plant and tree material will be kept on file with the Town Clerk and updated from time to time as necessary.
(2000 Code, § 62-114)  (Ord. 86-04, passed 4-22-1986)  Penalty, see § 154.999