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19.16.075 Permitted trees within park strips and along frontages

            (1)        The planting of any tree within a park strip shall be done in compliance with the following:

                        (a)        The tree shall be planted so it is centered between the curb and sidewalk;

                        (b)        The tree shall be located so as not to violate the clear view requirements of this Title;

                        (c)        The tree to be planted shall be a tree listed in Table 16-4 and designated based on the width of the park strip;

                        (d)        The tree shall be maintained to ensure proper clearance above the sidewalk and street, distance from overhead powerlines, and so that its growth does not damage public improvements, such as curb, gutter, and sidewalk; and

                        (e)        Before planting of trees the adjacent property owner shall contact blue stakes or a utility locating company to locate underground utilities within the park strip.

            (2)        The planting of any tree outside of a park strip along a lot's frontage shall be a minimum of six feet (6') from the sidewalk for any tree listed in Table 16-4.  Any other tree not listed therein shall be planted a minimum of ten feet (10') from the sidewalk.

            (3)        The planting or maintaining of a tree in accordance with this Section does not alleviate the property owner of the liability or responsibility of any damage caused to public improvements or any other responsibility of owning or having control over the property on which the tree is located.  Property owners are responsible for the damage caused to public improvements by vegetation on their property or planted by them.  The maintenance and correction process is addressed in Chapter 12.28 of the Layton Municipal Code.

            (4)        If a person wishes the City to consider the addition of a tree to Table 16-4, such request is to be in writing to the Director of the Community and Economic Development Department.  The writing must contain sufficient detail and information regarding the tree and illustrate its comparable nature to the trees currently on the list.  The Director or designee will notify the person of the decision.  If the request is denied, the person can file an appeal of that decision to the City Manager within ten (10) days of the denial.  The City Manager will review the Department's decision to determine whether that decision is supported by substantial evidence.  Based on that standard, the City Manager may affirm, modify, or reverse the Department's decision. The City Manager's decision is final.

Ord. No. 16-03, Enacted, 1/7/2016