The following shall be minimum standards for construction and maintenance of swale areas:
(A) Paved swales are prohibited except in commercially or industrially zoned areas wherein the property owner may pave the swale area, provided that prior to paving, he obtains a permit from the Building and Zoning Department and provided for subsurface drainage or other facilities to drain the adjacent land without runoff onto the lands of other property owners or onto the public right-of-way.
(B) The use and installation of any type of impervious paving, lime rock, or stabilizing material to the swale area is prohibited.
(C) Grass sodding or grass seeding of the swale area is permitted and encouraged. The planting of single-trunk trees shall be permitted in swale areas, with the exception of any causuarina trees (Australian pine trees), melaleuca trees, brazilian pepper, rubber trees, black olive, avocado, chinaberry, jambolin, mango, schefflera, tropical almond, bishop trees, citrus, java plum, or ficus tree, so long as the following conditions are complied with:
(1) Trees shall be planted not closer to the street pavement than one-half the distance between the sidewalk and the street paving, or in the event that a sidewalk does not exist, not closer than one-half the distance between the property line and the street pavement.
(2) Trees shall not be planted closer together than 25 feet and on corner lots shall be planted not less than 20 feet from the intersection of any street lines or street lines produced.
(3) No trees shall be permitted which are less than six feet in height at the time of planting.
(4) All trees shall be kept trimmed by the owner and shall have a clearance of at least eight feet above the sidewalk and ten feet above the street level so as to permit pedestrian and vehicular traffic beneath them without interference.
(5) If any trees, hedges, or other plant growth shall cause damage or destruction to any sidewalk, curb, gutter, street pavement, utility line, or other city-owned or publicly-owned property, the Director of Public Works shall notify the owner of the trees by notice in writing to cut down, destroy, or remove such trees within ten days from the date of receipt of the notice. In the event the owner shall fail or refuse to cut down, destroy, or remove the trees, within ten days, the Director of Public Works shall cause the trees to be removed or destroyed and shall charge the cost thereof against the owner. The amount of the cost to the city shall be constituted as a lien upon the property.
(6) Property owners shall be responsible for the trimming of any tree which is located on the property owner’ s front yard or in the swale area immediately adjacent thereto. The property owner shall be responsible for maintaining the trees such that they do not interfere with or diminish street light illumination.
(7) If any trees, hedges, or other plant growth shall interfere with or diminish street light illumination, the Director of Public Works shall notify the abutting property owner in writing to trim such trees within ten days from the date of receipt of the notice. In the event the abutting property owner fails or refuses to trim trees, the Director of Public Works shall cause the trees to be trimmed and shall charge the cost thereof against the abutting property owner. The amount of the cost to the city shall be constituted as a lien upon the abutting property owner’s property.
(8) Trees shall not be planted closer than 20 feet from a street light pole, street number sign, traffic sign, traffic signal pole, or fire hydrant.
(D) Swales shall be constructed and maintained as shown in the sketch on file in the Building and Zoning Department.
(E) Paved areas on private property shall not be permitted to drain on the public right-of-way.
(F) Dome-shaped decorative blocks or markers shall not constitute items which interfere with the drainage of the swale areas and shall specifically be permitted along street rights-of-way, drives, and public walks in the city. These dome-shaped decorative blocks or markers shall have rounded surface areas and no corners which make a right angle projection corner interface. In the event that dome-shaped decorative blocks or markers are placed in the swale area, which shall be expressly permitted, then they shall be painted white or with a white reflective material.
(G) Concrete catch basin aprons may be installed in the area surrounding the catch basin where, in the judgment of the City Engineer, such installation will not adversely affect the drainage or percolation of the swale in the vicinity. An authorization permit shall be issued by the City Engineer for each instance where a concrete catch basin apron has been requested by the property owner.
(H) Concrete valley gutters or curb, and gutters shall be required in the roadway swale areas where the longitudinal slopes for the roadway pavement is less than the 0.5% or where the clear width of the roadway swale between the edge of roadway pavement and the sidewalk is less than eight feet.
(`69 Code, § 13-30) (Ord. 61, passed 10-1-62; Am. Ord. 263, passed 8-16-71; Am. Ord. 466, passed 5-15-78; Am. Ord. 880, passed 1-25-89; Am. Ord. 977, passed 11-20-91) Penalty, see § 52.99