Sec. 25-52.1(1). "Pedestrian area of right-of-way" defined. For purposes of this section, the "pedestrian area of the right-of-way" means that portion of the public right-of-way from the private property line to the curb, or, where there is no curb, to the improved or traveled part of the roadway.
Sec. 25-52.1(2). Permits required. No person shall plant any tree, shrub, or other vegetation in the pedestrian area of the right-of-way without first obtaining a written permit from the city. A permit may be issued upon the terms and conditions hereinafter prescribed.
Sec. 25-52.1(3). Application for permit. The applicant will complete and sign a written application upon a form to be supplied by the city engineer. If the applicant is a homeowner's association, neighborhood association, or other organization, the applicant must obtain permission from the abutting property owner to plant in the pedestrian area of the right-of-way adjacent to such property.
Sec. 25-52.1(4). Conditions for obtaining permit.
(a) Applicants shall follow the standard provisions for application for street excavation and improvements to unimproved portions of the public right-of-way as described in section 25-13 and as required by the city engineer, including the submission of a plan of subject property showing the location and sizes of existing curb lines, property lines, utility lines, utility poles, utility boxes, overhead wires, driveways, alleyways, sidewalks, fire hydrants, traffic signs, and proposed site of excavation. Underground utilities must be located prior to submitting a plan for excavation in public streets and easements. The city engineer will then approve or deny an application to excavate in the public right-of-way.
(b) Trees, shrubs, and other vegetation shall not interfere with the clear visibility of traffic signs and signals, traffic on the roadway or entering or leaving the roadway, or with pedestrian access. Planting guidelines shall adhere to the following sight visibility conditions:
No tree, shrub, or other vegetation taller than thirty (30) inches in height at maturity shall be planted within the designated sight visibility triangle zone in the pedestrian area of the right-of-way within fifty (50) feet of a stop sign, yield sign, traffic signal, or any approach to an intersection where operators of motor vehicles need to clearly view traffic conditions. (Reference section 23-388 of the City Code and the City of Tucson Development Standards for sight visibility triangle requirements.)
All trees, shrubs, and other vegetation must be planted and maintained to allow for the continuous visibility of the street, sidewalk, alleyway, driveway, traffic sign or signal.
Trees, shrubs, or other vegetation must be kept trimmed to permit the continuous visibility of a stop or yield sign for a distance of one hundred twenty-five (125) feet from the sign.
In order to maintain continuous visibility of traffic conditions and to provide pedestrian access, trees within affected locations must be kept so that branches, limbs, twigs, leaves, or other parts of such trees that overhang the vehicular or pedestrian path of travel are maintained to provide barrier-free pedestrian travel and continuous sight visibility within an unobstructed area between thirty (30) inches and eighty (80) inches from the ground.
Vegetation must be trimmed and maintained to provide a minimum four foot-wide pedestrian path.
(c) The minimum width of a tree planting area shall be no less than four (4) feet from curb to sidewalk. If there is no curb, there must be an eight-foot clear zone from the pavement to the tree planting area.
(d) As part of the application process, applicants shall select a pre-approved species of tree from the city's low water use plant list for street trees in pedestrian right-of-way. Other vegetation must be selected from the drought tolerant plant list in Development Standard 9-06.0. These lists shall be maintained by the city engineer and three (3) copies shall be kept on file in the office of the city clerk. Depending on site constraints, the city engineer, after consultation with the city parks and recreation department, may approve or disapprove the plant species or require other or different plants to be selected from these lists.
(e) Applicants must follow the written guidelines developed by the city for planting trees and other vegetation in the public right-of-way, including setbacks from utility lines, overhead lines, and clear traffic visibility safety standards. The abutting property owner shall agree in writing to maintain and trim trees or other vegetation planted in the public right-of-way pursuant to this permit. The city engineer approval of the proposed planting plan is contingent upon adherence to these guidelines.
(f) The city engineer may impose other special requirements as a condition of issuing a permit.
Sec. 25-52.1(5) Request for administrative review. Upon request of the person submitting an application for planting in the pedestrian area of the right-of-way, the city engineer shall provide an administrative review of any site specific variances to the standard provisions contained in this section or the written guidelines developed by the city for planting trees or other vegetation in the public right-of-way. The applicant shall be given the opportunity to present evidence that a variance from the standard provisions contained herein shall not present a nuisance or hazardous condition for motorists or pedestrians. In those instances where the planting of a tree or other vegetation will not cause a nuisance or hazardous condition, the city engineer may provide for such a variance of these provisions.
Sec. 25-52.1(6). Issuance of permit. Upon approval of the proposed plan by the city engineer, a permit for planting within the pedestrian area of the right-of-way will be issued at the development services center under the following conditions:
(a) Fees for planting vegetation in the pedestrian area of the right-of-way may be waived by the city engineer.
(b) If, at any time, any portion of the pedestrian area of the right-of-way used by the permittee may be needed or required by the city, or if the owner, occupant, or agent in charge of any such lot or adjoining right-of-way fails to maintain such plantings as hereinafter prescribed, the use of the pedestrian area of the right-of-way may be revoked by the city. The city may remove from the pedestrian area of the right-of-way any and all trees or other vegetation in such circumstances without compensation from the city.
(c) All approved applications shall be filed with the development services center.
(Ord. No. 8327, § 1, 7-5-94)