The owner of the lot or parcel adjacent to the parkway may install private plantings in the parkway, subject to the following restrictions:
(A) Private plantings shall not be installed in such a manner as to interfere with public and private utility infrastructure and appurtenances. The owner shall maintain a clearance area around public and private utility infrastructure and appurtenances with turf in accordance with the Village of South Elgin Engineering Design and Inspection Policy Manual, planting guidelines detail. The village or its designee shall have the right to remove private plantings within the parkway to perform maintenance work on existing public and private utilities, the right of way, to abate nuisances, or to take any other action necessary to protect or enhance the public health, safety, and welfare. The village shall not be responsible for replacing removed or disturbed private plantings.
(B) Private plantings shall not be installed in such a manner so as to interfere with the usage or visibility of public sidewalks or rights of way or to cause unsafe passage or use of the same.
(C) Private plantings shall not create an obstruction when vehicle occupants exit or enter vehicles parked along the edges of public roadways.
(D) The height of private plantings shall not exceed the maximum vertical height as defined in the village’s Engineering Design and Inspection Policy Manual, except as may be specifically authorized in writing by the Director. Notwithstanding the maximum allowable vertical height set forth herein, private plantings at street intersection shall not be installed so as to interfere with motorists’ sightlines. If the Director determines that such interference exists, the owner shall immediately remove such plantings, or trim them down to a height specified by the Director.
(E) Private plantings shall not be installed within the parkway in such a manner as to interfere with the natural drainage of storm water. Private plantings shall be placed in such a manner as to provide stabilization for existing loose soils, in conformance with the Kane County Storm Water Ordinance: Article 3 “Erosion and Sediment Control (NRCS)”; § 300.b, as amended.
(F) No private plantings shall be installed that would be considered a public nuisance or would be considered to be hazardous to the public’s well-being as determined by the Director.
(G) The owner of the lot or parcel adjacent to the parkway who installs private plantings within the parkway shall be responsible for all maintenance and trimming of such plantings, utilizing good standard arborist practices or as directed by the Director. If the private plantings die or are otherwise removed, the owner must install sod or plant grass seed in the area formerly occupied by the private plantings.
(H) In the event of a conflict between the provisions of this chapter and the provisions of a recorded easement over a parkway, the more restrictive provisions shall apply.
(Ord. 2014-23, passed 6-16-14) Penalty, see § 50.99