Chapter 12.110
RIGHT-OF-WAY LANDSCAPING
Sections:
12.110.030 Enforcing authority.
12.110.040 Permission to remove shrubs, plants, and ground cover.
12.110.050 Permission to remove trees.
12.110.060 Issuance of permit.
12.110.070 Procedure for removal of trees and shrubs.
12.110.080 Abuse or mutilation of trees.
12.110.090 Responsibility for maintenance of right-of-way landscaping.
12.110.100 Landscaping to be maintained by the city of Battle Ground.
12.110.010 Purpose.
To protect landscaping in city right-of-way. To establish methods of maintenance and removal of trees, shrubs, plants, and ground cover. (Ord. 18-06 § 1 (part), 2018: Ord. 04-021 § 4 (part), 2004)
12.110.020 Definitions.
“City engineer” means the city of Battle Ground city engineer or his/her designee.
“Planter strip” means the landscaping strip located within the public right-of-way between the edge of the traveled way and the private property line. (Ord. 18-06 § 1 (part), 2018: Ord. 04-021 § 4 (part), 2004)
12.110.030 Enforcing authority.
The city engineer shall be charged with the enforcement of this chapter. (Ord. 18-06 § 1 (part), 2018: Ord. 04-021 § 4 (part), 2004)
12.110.040 Permission to remove shrubs, plants, and ground cover.
Shrubs, plants, and ground cover may be removed without permit by the homeowner or contractor working for the homeowner in any planter strip for which the homeowner has maintenance responsibilities for, pursuant to BGMC 12.110.090. Some type of covering, other than bare dirt, is required in the planter strip, except during construction. (Ord. 18-06 § 1 (part), 2018: Ord. 04-021 § 4 (part), 2004)
12.110.050 Permission to remove trees.
A. No tree, not guaranteed by a maintenance bond per BGMC 12.116.090, shall hereafter be removed in any public planter strip in the city of Battle Ground without a permit authorized by the city engineer.
B. Permits to remove trees will only be granted under the following circumstances:
1. A dead tree, which must be replaced by an approved replacement tree; or
2. A tree, which interferes with underground or overhead utilities. The tree must be replaced with a new tree, which will not interfere with the utility, where possible; or
3. A tree, which impedes sight distance as determined by the city engineer. The tree must be replaced with low lying shrubs or plants where possible; or
4. Any tree, as determined by the city engineer, which harms the life, health, or safety of the public.
C. Any dead tree guaranteed by a maintenance bond may be removed and replaced without permit to meet the requirements guaranteed by the bond.
D. Permits may only be issued to a homeowner or contractor working for the homeowner for work in any planter strip for which the homeowner has maintenance responsibilities for, pursuant to BGMC 12.110.090. (Ord. 18-06 § 1 (part), 2018: Ord. 04-021 § 4 (part), 2004)
12.110.060 Issuance of permit.
A. Upon approval of an application by the city engineer, the city engineer shall issue a permit for the work of removing any tree lying in a public planting strip or other public place.
B. No permit is required to plant a tree, plant, shrub, or ground cover in a public planting strip, provided the homeowner or a contractor working for the homeowner is doing the work in a planter strip for which the homeowner has maintenance responsibilities for, pursuant to BGMC 12.110.090. However, anyone wishing to do so shall consult with the engineering and/or planning department to select a tree from the approved list to avoid causing problems with sight distance and/or utilities.
C. No permit is required to perform general maintenance and trimming of trees in public planting strips.
D. No permit is required for the city to remove a tree pursuant to BGMC 12.110.050. (Ord. 18-06 § 1 (part), 2018: Ord. 04-021 § 4 (part), 2004)
12.110.070 Procedure for removal of trees and shrubs.
The stumps and roots of trees or shrubs shall be removed to a point at least one foot below the top of the adjacent curb or proposed curb grade, treating the remaining roots with a suitable compound to prevent future sprouting or growth. Any roots, which have disrupted or broken the adjacent sidewalk, shall be removed and said sidewalk shall be repaired. (Ord. 18-06 § 1 (part), 2018: Ord. 04-021 § 4 (part), 2004)
12.110.080 Abuse or mutilation of trees.
It shall be a violation of this chapter to damage, destroy, or mutilate any tree, shrub, or plant in a public planting strip, or any other public place, or to attach or place any rope or wire (other than one used to support a young or broken tree), sign, poster, handbill, or other thing to any tree growing in a public place, or to cause or permit any wire charged with electricity to come in contact with any such tree, or to allow any gaseous, liquid, or solid substance which is harmful to such trees to come in contact with their roots or leaves; provided, however, that nothing contained herein shall preclude either the owner or occupant of real property from trimming or removing trees, shrubs, and plants in the planter strip of such real property, according to the provisions of this chapter. (Ord. 18-06 § 1 (part), 2018: Ord. 04-021 § 4 (part), 2004)
12.110.090 Responsibility for maintenance of right-of-way landscaping.
Whenever any right-of-way landscaping in the city of Battle Ground has been improved, including, but not limited to, the planting of trees, shrubs, plants, grass, or the installation of bark dust, or any existing landscaping, the duty, burden, and expense of the maintenance, watering, and general upkeep of such landscaping shall devolve upon the owner of the private property directly abutting the sidewalk abutting the planter strip or directly abutting the planter strip. The abutting property owner, at the abutting property owner’s cost, must replace any dead trees, shrubs, plants, or ground cover, pursuant to this section. (Ord. 18-06 § 1 (part), 2018: Ord. 13-07 § 4, 2013: Ord. 04-021 § 4 (part), 2004)
12.110.100 Landscaping to be maintained by the city of Battle Ground.
A. In addition to maintaining right-of-way landscaping abutting city owned property, the city of Battle Ground will maintain the following right-of-way landscaping: all primary and minor arterials and any center island medians.
B. The city of Battle Ground will also maintain the right-of-way landscaping for the following locations:
1. NW Onsdorff Boulevard between NW 25th Avenue and N Parkway Avenue;
2. SW Scotton Way between SW 20th Avenue and S Parkway Avenue; and
3. SE Rasmussen Boulevard between SW 4th Avenue and SE Clark Avenue.
C. Nothing in this section shall prevent landowners from maintaining right-of-way landscaping in these locations except for medians.
D. No trees, shrubs, plants, ground cover, or any other material may be removed or added, from the areas listed in this section, without written permission from the city. (Ord. 18-06 § 1 (part), 2018: Ord. 04-021 § 4 (part), 2004)
12.110.110 Standards.
Planter strips shall be planted with trees thirty feet on center and ground cover, plants, shrubs, grass, bark dust, other suitable landscaping, or any mixture thereof. (Ord. 18-06 § 1 (part), 2018: Ord. 04-021 § 4 (part), 2004)
12.110.120 Violation—Penalty.
Enforcement of any section of this chapter shall be made pursuant to BGMC Title 20. (Ord. 18-06 § 1 (part), 2018: Ord. 04-021 § 4 (part), 2004)
12.110.130 Standard details.
The city of Battle Ground’s standard construction details for right-of-way landscaping are kept on file at the city and maintained by the city engineer. Included with these details is a list of trees, plants, and shrubs, which may be planted on different classifications of streets. (Ord. 18-06 § 1 (part), 2018: Ord. 04-021 § 4 (part), 2004)