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HomeMy WebLinkAbout3475 Ordinance ORDINANCE NO. 3475 AN ORDINANCE amending PMC Chapter 12.12 dealing with Trees and Shrubs and amending provisions for Planting Strips and creating new provisions for Drainage Swales. WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and insure the public health, safety and welfare are maintained; and, WHEREAS, the City Council has determined that to maintain and protect the welfare of the community, it is necessary to amend PMC Title 12; NOW, THEREFORE, THE CITY COUNCIL, OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 12.12.010 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 12.12.010 T444:,B. This ehap+„ is designated +t, ""-Fee ftd Vet +e 1.114 1l VV Cll ll.l Y V�.1.l.[.l l.1VA1 GantT-el Ordi..,.,..ee of PaseE1" PURPOSE: The purpose of this chapter is to ensure uniformity in the development, improvement and maintenance of public street right-of-ways within the City_ Section 2. That Chapter 12.12 of the Pasco Municipal Code be and the same is hereby amended to include a new section 12.12.025 to read as follows: 12 12 025 DEFINITIONS. For the purposes of this chapter the following definitions shall be used: aj Planting Strip means that portion of the public street right-of-way located between the curb and the sidewalk. b Drainage Swale means that portion of a public street ri ht-of-wa that is located between the edge of the improved street and the sidewalk and is designed to be an integral part of the street and related drainage system. Section 3. That Section 12.12.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 12.12.030 ABUTTING PROPERTY. The owner, occupant or person having control of any real property is responsible under this chapter for the condition and maintenance of all vegetation on that portion of the public right- of-way hereinafter called the "planting strip" or the "drainage Swale" abutting the property such person owns, occupies or exercises control over except for T the roadway. The roadway is the paved, improved or proper driving portion of the hey street designed or ordinarily used for vehicular travel. This section also applies to public rights-of-way abutting pedestrian and bicycle trails and undeveloped public rights-of-way. Section 4. That Section 12.12.040 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 12.12.040 PERMISSION TO PLANT OR SUBSTANTIALLY PRUNE TREES OR SHRUBS. All trees or shrubs hereafter planted or substantially pruned in any public right-of-way shall only be pruned or planted with permission of the Director. No trees or shrub shall be planted within twenty-five (25) feet of any streetlight or utility pole. No tree or shrub shall be planted under any utility line that when mature will interfere with said utility line. No tree or shrub which, when mature, will exceed a height of two (2) feet shall be planted or maintained on that portion of any right-of-way, "planting strip" or "drainage swale" lying within twenty-five feet of the right-of-way of an intersecting street. Section 5. That Section 12.12.047 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 12.12.047 PLANTING STRIP OR DRAINAGE SWALE USE AND IMPROVEMENT. (a) All planting strips shall be maintained with lawns, trees, shrubs, living ground cover, or combination thereof and shall not be maintained with dead or dying vegetation and/or exposed soil. Trees and shrubs will be permitted only in conformance with PME Sections 12.12.040 and 12.12.045. (b) All drainage swales shall be maintained with grass species normally grown as _permanent lawn in Franklin County. No shrubs are permitted to be planted in drainage swales. Trees are permitted only in conformance with Sections 12.12.040 and 12.12.045. (c) The use of planting strips or drainage swales for the following purposes shall be prohibited: (1) The parking or placement of any motor vehicle, recreational equipment, trailer, boat or camper; or (2) The placement or storage of any dead vegetation, building materials, mechanical parts or equipment, manufactured goods, or any other items not listed in subsection (a) or (b) above is prohibited. Section 6. That Section 12.12.050 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 12.12.050 PERMISSION TO REMOVE TREES OR SUBSTANTIALLY PRUNE TREES. No tree having a trunk of more than four (4) inches in diameter at a point three (3) feet above ground level shall be substantially 2 pruned or removed from any planting strip, drainage Swale or other public place in the City without permission from the Director. Section 7. That Section 12.12.060 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 12.12.060 ISSUANCE OF PERMIT. Upon approval of an application to plant, substantially prune and/or remove trees and shrubs, the Director shall issue a permit for the work of removing, substantially pruning or planting any tree in a drainage swale or any tree or shrubs lying in a G4ty-planting strip or other public place. Section 8. This ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting on June 18, 2001. Michael L. Garrison, Mayor ATTEST: APPR S TO FORM: Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney 3