17.40.040 CITY RIGHT OF WAY LANDSCAPING

The following landscaping provisions shall apply to all zones within the city, excluding any undeveloped plot: A.​ Purpose: In order to provide for public safety and protect investments in infrastructure, this chapter sets forth minimum standards for landscaping and tree planting in public rights of way. It considers line of sight at intersections as well as utility clearance and protection of sidewalks, curbs, and power lines, both aboveground and belowground, and other utilities in the public rights of way. This chapter applies to both commercial and residential zones. B.​ Definitions: For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: LANDSCAPING STRIP: That area between the sidewalk and the curb and gutter, sidewalk and pavement, or pavement and property line generally meant for the purpose of creating a landscaped buffer. LOT OR PROPERTY: That lot or property that abuts the landscaping strip. STREET TREE: Those trees that the city has explicitly designated, through this chapter, as appropriate for planting along and within public rights of way (see "Millville City Landscaping And Planting Guide"). C.​ Minimum Maintenance: Public rights of way adjoining property shall include mowing or cutting of weeds and other vegetation to maintain integrity of the curbs, sidewalks and other public utilities. D.​ Irrigation: All portions of the landscaping strip shall be irrigated, in an amount appropriate for the landscaping. E.​ Planting Of Trees Encouraged: The city promotes tree planting in the public rights of way when it is done in conjunction with proper planning to help avoid negative impacts to public safety and city improvements. F.​ Tree Placement Distances: 1.​ Curb: Half distance from sidewalk. 2.​ Sidewalk: Half distance from curb or five feet (5”), whichever is greater. 3.​ Overhead Power Lines: Ten feet (10’) minimum distance or dwarf trees that do not reach power line. 4.​ Light Poles: All trees shall be planted a minimum of one-half (½) or the mature spread from light poles. G.​ Spacing Between Curb And Sidewalk; Pavement And Sidewalk; Pavement And Property Line: Midway between the two (2). H.​ Shrubs And Bushes: Shrubs and bushes recommended for Cache Valley. I.​ Grasses: Recommended types (see "Millville City Landscaping And Planting Guide"). J.​ Rock: All rock must be no larger than two inches (2") minus. K.​ Clear Vision Area/Sight Triangle: In all zones requiring a front yard setback, no obstruction to view in excess of thirty six inches (36") in height shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points thirty feet (30') from the intersection of the property line. 1.​ Restrictions: Fencing and planting is restricted within this area as follows: a.​ No sight obstructing fence shall be higher than thirty six inches (36"). b.​ Shrubs shall be pruned to a height not to exceed thirty six inches (36"). c.​ Trees shall be pruned to maintain a clear area below eight feet (8'). 2.​ Functions: This clear vision area of the public right of way serves many different functions simultaneously, such as, public access for both people and utilities overhead and underground, transition zone from street to adjoining properties, beautification area, storage of rainwater and snow and play area for children. Our effort is to facilitate all of these uses as much as possible in a balanced manner. 3.​ Landscaping Permanent And Public: All landscaping installed in landscaping planter strips shall be considered open to the public and owned by the public. No removal of landscaping or any modification shall be made to the landscaping within the landscaping strips without written authorization from the city. L.​ City Repair Of Damages: If any violations of the provisions of this chapter create damage to any landscaping within the public right of way, including the landscaping strip, the city shall have the authority to repair or replace damaged landscaping and the responsible party shall be liable for immediate payment for said replacement or repair. M.​ Tree Planting Plan: The proposed city right of way tree planting plan must be submitted to the Millville City planner/development coordinator for review and then presented to the city planning and zoning commission for final approval. (Ord. 2009-1, 2009)