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
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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
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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
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