12.06.100 Standards for work.
The following standards shall apply:
A. All work and improvements installed in any public right-of-way shall conform to the standard specifications of the town, and shall be installed to the satisfaction of the city engineer.
B. No encroachment shall be located or maintained in any manner that impedes drainage, or access to any public or private utility, or facility, or to any devices or controls, for inspection, maintenance or operation.
C. No pavement, poured concrete, asphalt or similar material shall be used in any right-of-way except for ingress and egress to the property. When any existing pavement, poured concrete, asphalt or other impervious material becomes materially damaged and/or unsafe it shall be removed and the area shall be improved only as allowed under these provisions.
D. No physical obstruction shall be placed within six feet from the edge of the improved public right-of-way.
E. New landscaping may be permitted in the public right-of-way, if it complies with all of the following criteria:
1. No landscaping shall be permitted to encroach on the improved portion of the public right-of-way. No landscaping shall be permitted to encroach over the improved portion of the public right-of-way if it constitutes a hazard to public safety as determined by the city manager, or his designee.
2. Landscaping within three feet from the edge of the improved public right-of-way is limited to ground level landscaping not to exceed five inches in height, and ground level pervious surface coverings. Pervious surfaces consist of any material that permits the infiltration of water into the soil.
3. Landscaping located between three feet and six feet from the edge of the improved public right-of-way shall be limited to groundcover or low-growing shrubs less than thirty-six inches in mature height. No shrubbery within a triangular area bounded on two sides by improved right-of-way lines extending a distance of thirty feet from the intersection of the improved right-of-way at the street corner shall be over three feet in height measured from the level of the closest adjoining pavement to the top of the shrubbery. Within such triangular area, all trees, including overhanging trees shall be trimmed so that they shall not obstruct the vision of persons operating vehicles on adjoining streets.
4. New landscaping in the public right-of-way may be permitted with an encroachment permit as outlined in this chapter. All record owners of the immediately adjoining property, shall provide the town with a covenant running with the land, in recordable form satisfactory to the city attorney, providing that all such landscaping will be maintained in good condition, and if necessary removed at the town’s discretion, at the sole expense of the owners of the immediately adjoining property.
5. Newly planted street trees and shrubbery shall be planted so that when mature, their trunks are at least six feet from the edge of the improved public right-of-way.
6. Only street trees approved by the town may be planted, and deep root planters or root barriers may be required.
7. All landscaping in the public right-of-way must be perpetually maintained in a healthy growing condition by the owner of the adjoining property, so as not to create a safety hazard or a public nuisance. All lot frontage strip areas in the public right-of-way shall be maintained free of weeds, litter and debris.
8. No logs, curbs, rocks or similar obstacles may be placed within six feet of the edge of the improved right-of-way.
9. Landscaping shall not be permitted to impede drainage.
F. Encroachments for mailboxes and for gate entry key pads and intercom devices may be permitted, provided they are located at least six feet from the edge of the improved right-of-way.
G. All existing trees and shrubs and landscaping may continue to be located within the public right-of-way so long as they do not present a public hazard. The nonconforming condition may not be allowed to further encroach into the public right-of-way. Further, if such nonconforming landscaping is determined by the city manager, or his designee to be hazardous or poses a physical obstruction, it shall be subject to abatement and removal as a public nuisance where determined by the city manager, or his designee to be in the interest of the public health, safety and general welfare.
H. Encroachment permits may be issued for entrance gate structures delineating all or parts of a specific neighborhood, subject to terms and conditions of a permit approved by the city council. Further, if such encroachments are subsequently determined by the city council to be hazardous or to pose a physical obstruction, said structure shall be subject to abatement and removal as a public nuisance as determined by the city council, to be in the interests of the public health, safety and general welfare. (Ord. 540 § 1, 2003; Ord. 503 § 1 (part), 1999)