5.05.101 Planting and maintenance of trees.
A. No person shall plant or remove any tree in the public right-of-way or on City property except as allowed by this ordinance.
B. The owner or occupant, or an agent for the owner or occupant, of property abutting the right-of-way may plant, treat, prune or replace any tree in that portion of the right-of-way abutting the property only in accordance with current tree maintenance standards established by the National Arborist Association, International Society of Arboriculture, or under the supervision of a person having a current, valid certification as an Arborist by the International Society of Arboriculture.
C. The owner of property abutting the public right-of-way shall be responsible for maintenance of all trees planted in the right-of-way between the edge of the roadway and the property line in accordance with the standards issued under this ordinance. As to trees planted in the right-of-way in conjunction with new development of property, the obligation imposed by this section shall commence after the City determines, and notifies the abutting owner, that the tree(s) is/are established.
D. The City shall be responsible for maintenance of trees located in the right-of-way along that portion of property which abuts a major arterial, minor arterial or major collector street as designated on the City’s Comprehensive Plan, if the abutting portion of such right-of-way:
1. Is separated from the property by a permanent barrier (such as a sound wall or fence) at least four feet in height; and,
2. Does not have direct pedestrian or vehicular access (such as a driveway) to the property; and,
3. Does not allow parking along the property allowing safe access for private maintenance; and,
4. Abuts property used for single-family residential purposes and not commercial, industrial, multifamily, and homeowner or unit owner common area uses.
The streets which have been identified for maintenance by the City, subject to the above criteria, are as follows: Farmington Road (east of Murray Boulevard to Lombard Avenue), Brockman Road, Greenway Avenue, 125th Avenue, Hall Boulevard, Denney Road, Watson Avenue, Hart Road (west of Murray Boulevard to City limits), Davis Road, 5th Street, Davies Road, Conestoga Drive, Downing Drive, 155th Avenue (Bonneville power line right-of-way to Davis Road), Allen Boulevard, Weir Road, Beard Road, Sexton Mountain Drive.
E. The obligation to maintain those trees as well as trees planted in the median of such roadway shall remain with the governmental unit which is obligated to maintain such roadway arterial or major collector.
F. Except as otherwise allowed under a tree preservation or landscape plan submitted as part of a development or subdivision application, any person desiring for any purpose to plant a tree in or upon any right-of-way shall perform such work according to the standards of the City’s tree planting and maintenance policy. [BC 5.05.101, added by Ordinance No. 3979, 4/21/97]