§ 78-22. Landscaping in swale areas.

It shall be the responsibility of the adjacent property owner to maintain the abutting swale area to the following minimum standards. The provisions of this section also apply to the owners of vacant lots.

(1)

Maintenance. Swale areas shall be kept in a clean, grass-maintained, safe and sanitary condition with grass and/or weeds cut no higher than six inches and edged away from the sidewalk. The swale shall be kept free and clear of prohibited species, as defined in this Code.

(2)

Street trees. Street trees planted within swale areas shall be planted in accordance with the city's landscaping requirements as prescribed in the Land Development Regulations and maintained so as to not cause an obstruction of any public sidewalk, street or right-of-way.

(3)

Clear sight window. Trees, plants and ground cover shall be planted and maintained so that there is a clear unobstructed vertical sight window provided in an area between 30 inches and eight feet above the edge of the public roadway and shall not be placed on top of or within five feet of any existing city utility lines, including individual services. Trees which are growing and are of a species capable of attaining adequate size to necessitate the vertical sight window, but which are not yet mature enough to provide for same, shall not constitute a violation.

(4)

Sediment control. Property owners shall control sediments within drainage and roadway rights-of-way and easements through the planting and maintenance of solid sodding to prevent silts and sands from entering catch basins, culverts, roadways and canals, thus hindering their hydraulic performance.

(5)

Prohibited objects. It is unlawful for any person to place any solid object made of metal, concrete, plastic, wood or similar materials protruding more than three inches above ground or having a diameter greater than ten inches at its widest point, or having sharp, jagged or irregularly edged surfaces, in a swale or swale area. Objects placed in a swale or swale area shall not be placed closer than three feet apart.

(6)

Approval required. The city engineer must first approve materials and design to confirm that the landscaping, landscaping materials or other items do not impair driving visibility or pose any hazard to public safety, or does not interfere with existing utilities or drainage, or will impede already planned future utilities or sidewalk installation. All such landscaping and items existing in right-of-way street swale areas as of the effective date of this section must obtain said approval or shall constitute a violation.

(7)

Subject to removal. All landscaping, landscape materials, or items situated in the street swale right-of-way may be removed by the city or its contractors or subcontractors at any time as a result of utility construction or repair, sidewalk construction or repair, or for any other purpose. Neither the city nor its contractors or subcontractors shall be responsible for the replacement of any landscaping or landscaping materials or other items which have been destroyed or removed from city rights-of-way.

(Ord. No. 2016-28, § 10, 9-27-2016)