TITLE IX: GENERAL REGULATIONS - Back to Table of Contents
Chapter
90. TREES
91. STREETS AND SIDEWALKS
92. NUISANCES
93. FIRE PREVENTION
94. LITTERING
95. BURGLAR ALARMS
96. PARKS AND RECREATION
CHAPTER 90: TREES - Back to Top of General Regulations
Section
90.01 Intent
90.02 Forestry Board
90.03 Definitions
90.04 Application
90.05 Procedures for plans, permits or orders
90.06 Criteria for decisions
90.07 Reforestation
90.08 Emergencies
90.09 Exemptions
90.10 Variances and waivers of requirements
90.11 Appeal procedure
90.12 Stop work orders; withholding or revoking of building and zoning compliance certificate
90.13 Tree removal companies; construction companies
90.99 Penalty
Appendix A: Schedule of Penalties
Appendix B: Construction/Tree Preservation Plan
Appendix C: Tree Removal Notification
Appendix D: Builder's Contract Bond
࿙ 90.01 INTENT. - Back to Top
Trees are declared to be beneficial public resources. To that end, it shall be unlawful to cut down, damage, poison, or in any other manner, destroy or cause to be destroyed any trees covered by this chapter, or to fail to comply with the reforestation provisions set forth therein, except in accordance with the provisions of this chapter.
(Ord. 91-11, passed 11-25-91)
࿙ 90.02 FORESTRY BOARD. - Back to Top
There is hereby established a City Forestry Board, whose members and Chairperson shall be nominated by the City Forester and appointed by the Mayor for terms of one year. Members' terms may be extended from year to year by Executive Order.
(A) Duties. The Forestry Board shall be responsible for supervising the city nursery, distributing and arranging for the planting of nursery trees, advising the City Council and the Mayor on matters pertaining to the city's forest, and such other duties as may, from time to time, be assigned to it by the Mayor.
(B) Delegation of authority. The City Forester may delegate to members of the Forestry Board the authority to perform certain duties which are assigned to the Forester in the chapter. Any such delegation shall be in writing, a record of which shall be maintained by the City Clerk.
(Ord. 91-11, passed 11-25-91)
࿙ 90.03 DEFINITIONS. - Back to Top
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BONA FIDE AGRICULTURE. A land use to derive income from growing plants or trees on land, not including land used principally for another use and incidentally for growing trees or plants for income.
CALIPER. See DIAMETER.
CANOPY TREE. Any species of tree which the City Forester designates as suitable for cultivation in the area, and which, under normal growing conditions; reaches a mature height in excess of 50 feet.
CITY FORESTER. Any officer, agent, or employee of the city designated by the Mayor for the purpose of carrying out certain duties defined in this chapter.
CONSTRUCTION MACHINERY and VEHICLES. Equipment and vehicles used in the construction of structures defined in this section, or movement of earth, including but not limited to: bulldozers, cement mixers, cement trucks, backhoes, cranes, transport trucks, and vehicles, whether private or commercial.
DIAMETER. The diameter in inches of a tree measured at four and ࿎ feet above the existing grade.
GRUBBING. The effective removal of understory vegetation from the site.
HISTORIC TREE. A tree which has been found by the City Forester to be of notable historic interest to the city because of its age, type, size or historic association and has been so designated and that designation has been officially made and promulgated as part of the official records of the city.
LAND CLEARING STAGE. Those operations where trees and vegetation are removed and which occur previous to construction or building: e.g., including but not limited to road right-of-way excavation and paving, lake and drainage system excavation, utility excavation, grubbing and any other necessary clearing operations.
PROTECTIVE BARRIER. A physical structure limiting access to a protected area, composed of wood or other suitable materials, that assures compliance with the intent of this chapter. Variations of these methods may be permitted upon a written request if they satisfy the intent of this chapter.
OWNER-OCCUPANT. Any person who is the owner of record of a dwelling in the city, and who maintains his legal residence at the dwelling.
REMOVE or REMOVAL. The actual removal of a tree by digging up, cutting down, or the effective removal through damage.
SPECIMEN TREE. A tree that has been determined by the City Forester to be of high value because of its type, size, age or other professional criteria, and which has been so designated in the records of the city.
STRUCTURE. Buildings that have roofs supported by columns or walls for the shelter or enclosure of persons, animals, materials or property of any kind. The term ྿structure࿀ shall also include anything constructed or erected that requires the use of ground locations, including but not limited to: in-ground swimming pools, decks and patios, streets and roadways, driveways, parking areas, tennis courts, signs, stables, other outbuildings and poles 15 feet or more in height. (See ࿙࿙ 150.30 et seq.)
TRANSPLANT. The digging up by a property owner of a tree from one place on his property and the planting of the same tree in another place on the same property.
TREE. Any selfsupporting, woody plant of a species which normally, in the area, grows at maturity to an overall height of a minimum of 15 feet.
TRENCH or TRENCHING. A narrow cut in the ground exceeding 12 feet in length and of such depth as to affect any tree roots in the area of the trench.
UNREASONABLE BURDEN. Any cost or consequence of compliance with the terms and provisions of this chapter that is found by the City Forester to be unreasonable when compared to the cost or consequences of actions that would be taken if such terms and provisions did not exist.
UTILITIES. Public utility, commercial, and private lines and pipelines, including, but not limited to: overhead electric wires, television and communication cables, guy wires, underground water, gas, sewer drainage, communication and power lines and pipelines.
(Ord. 91-11, passed 11-25-91)
࿙ 90.04 APPLICATION. - Back to Top
The terms and provisions of this chapter shall apply to real property as follows:
(A) Tree removals.
(1) On any land, it shall be unlawful for any person other than an owneroccupant residing on that land to remove or cause to be removed any tree with a trunk diameter of three inches or more or any tree planted pursuant to the provisions of ࿙ 90.07 of this chapter without first having obtained a permit to do so in accordance with the procedures set forth in ࿙ 90.05 of the chapter.
(2) No owneroccupant shall remove or cause to be removed any tree(s) on land on which that owneroccupant's dwelling is located, without first providing written notice of his intention to do so according to procedures set forth in ࿙ 90.05 of this chapter. No specimen or historic trees or trees planted pursuant to ࿙ 90.07 of this chapter shall be removed or caused to be removed by an owner occupant without a permit.
(3) The replacement requirements of ࿙ 90.07 of this chapter shall apply to all trees removed pursuant to this provision, unless varied by the City Forester in accordance with the provisions of ࿙ 90.10 of this chapter. No trees shall be removed under this provision on property for which a Tree Preservation Plan is required pursuant to the provisions of division (C) of this section.
(B) Trenching. On any land it shall be unlawful for any person, whether in conjunction with new construction, utility construction, or otherwise, to trench or permit trenching without first obtaining a permit, or an approved Tree Preservation Plan pursuant to the provisions of division (C) of this section.
(C) Construction.
(1) Tree Preservation Plans. Any plat presented to the city for the purpose of obtaining a Zoning Compliance Certificate must be accompanied by a Tree Preservation Plan (྿Plan࿀) that shall include a statement that the party seeking the
certificate is aware of this chapter and summarizing the party's plans for compliance with this chapter. The Tree Preservation Plan shall be prepared according to guidelines and procedures established by the City Forester, and in accordance with the criteria for approval set forth in ࿙ 90.06 of this chapter, and shall be approved by the City Forester prior to the issuance of a Zoning Compliance Certificate.
(2) On any land it shall be unlawful, prior to or during construction of any structures, for any person to place solvents, building materials, construction machinery, construction vehicles, or soil deposits in any location other than a location specified on an approved Tree Preservation Plan, or to engage in any other practices that have a potential for causing root or trunk injury, including, but not limited to: excavating, building, trenching, grading, tree removal, grubbing, filling, stringing of overhead or underground utilities, land clearing or other land alteration, except in accordance with the terms and provisions of an approved Tree Preservation Plan. During construction, no attachments or wires shall be attached to any trees designated for protection under such plans.
(3) In any allowance of green space or open space under innovative zoning permits, the developer shall be responsible for the appearance and maintenance of the open space or green space, including removal of litter or maintenance of trees, until such time as the open space is turned over to the property owners or owners' association, expressly set up for the maintenance of the green space. After it is turned over to the owners or owners' association, they shall be responsible for the maintenance of the open space. The open space must be kept free of litter, construction debris and, where specified by the City Forester, fallen trees. The City Engineer or Zoning Officer will inspect the open space, and give notice to the appropriate parties (developers or owners) of any violation. If the violation is not corrected within 30 days, fine will be levied as provided for in this chapter until the situation is remedied.
(D) Trimming by utilities and railroads. It shall be unlawful for any utility or railroad to trim any tree, whether or not located along the right of way, without first meeting with the City Forester, and obtaining a permit for the proposed trimming. Trimming performed pursuant to such permits shall be done in a manner determined by the City Forester to be least detrimental to the health of the tree, where consistent with the requirements of the appropriate safety or electric code then in effect in the Commonwealth of Kentucky. At no time shall any employee, agent, contractor or subcontractor for any utility or railroad, during the process of construction or maintenance. of utility lines, or the trimming of trees, use climbers or any other sharpened instrument for the purpose of aiding the individual in the climbing of a tree.
(Ord. 91-11, passed 11-25-91) Penalty, see ࿙ 90.99
࿙ 90.05 PROCEDURES FOR PLANS, PERMITS OR ORDERS. - Back to Top
(A) Applications for tree removal, railroad or utility trimming, and trenching permits and for Approvals of Tree Preservation Plans shall be submitted to the City Clerk in accordance with procedures established by the City Forester.
(B) Notifications by owneroccupants of their intention to remove trees shall be submitted in writing to the City Clerk in accordance with procedures established by the City Forester. If the notification is sent by mail, it shall be deemed as received by the city on the third calendar day after the date it is postmarked. Such procedures shall include a waiting period, not to exceed ten days following notification and prior to removal of the tree(s). During the waiting period, the City Forester may require a field check to determine whether the removal will have an adverse impact according to the criteria set forth in ࿙ 90.06 of this chapter, and may issue an order preventing the removal of the tree(s) upon such a determination, or if he concludes that he lacks sufficient information to make a determination. Such order of the City Forester shall be effective upon its delivery to the owneroccupant's residence, and acceptance by any person of suitable age and discretion who normally resides at the residence, or if no one of suitable age is present, three days after the notice is mailed to the owneroccupant by certified mail, return receipt requested.
(C) Prior to the approval of any plan or permit or the issuance of any order preventing a tree removal, the City Forester shall complete a field check. All permits shall be issued for a period of 60 days by the City Forester. Approved tree preservation plans shall be valid for a period of one year, and may be extended by the City Forester for an additional period of time on a case by case basis.
(D) Basis for denial. The City Forester, upon a determination that an application is to be denied, or an order preventing tree removal is to be issued, shall state the basis for such denial or order specifically and shall notify the applicant of the criteria upon which the denial is predicated.
(E) Display of permits; inspection. Holders of permits issued pursuant to this provision shall prominently display on the site the permit issued. Such permit shall be displayed continuously while trees are being removed or work being done as authorized on the permit, and for ten days thereafter. As a condition for the issuance of the permit, the applicant shall agree in writing to entry onto his premises by representatives of the city and all law enforcement officers to inspect the work and the permit at any time, and such entry shall be lawful. Failure to allow such entry shall be unlawful, shall constitute a violation of this chapter, and shall constitute failure to display the permit as required under this section.
(F) Any procedure established by the City Forester pursuant to this provision shall be implemented upon its publication but shall be submitted to the City Council for its approval or amendment at the next regularly scheduled Council Meeting. Copies of such procedures shall be made available without charge by the City Clerk.
(Ord. 91-11, passed 11-25-91) Penalty, see ࿙ 90.99
࿙ 90.06 CRITERIA FOR DECISIONS. - Back to Top
Upon receiving the field inspection report and any requested recommendations concerning an application, the City Forester shall issue a permit, or approve a tree preservation plan, if the relevant criteria set forth herein are met, and provided that none of the conditions set forth division (D) of this section exist:
(A) Tree removals.
(1) The tree unreasonably restricts the economic enjoyment of the property and cannot be relocated on the site because of age, type or size of the tree; or
(2) The tree is diseased, injured, judged to be structurally unsound, interferes with existing utility service, or creates unsafe vision clearance for pedestrian or vehicular traffic.
(B) Trenching.
(1) The trench is required for the installation or maintenance of utility, septic field, or irrigation service, or for such other purposes as are necessary to the economic enjoyment of the property; and
(2) The trench is located in a manner designed to minimize damage to tree roots.
(C) Tree preservation plans. Tree preservation plans shall be approved if they are prepared in accordance with generally accepted urban forest preservation principles and provided that they fulfill the following requirements:
(1) All tree removals and trenches specified on the plan shall meet the criteria set forth in division (B) of this section and this division (C).
(2) The plan provides for suitable protective barriers to be erected for all trees which are not designated for removal and that could be damaged by construction activity, which barriers shall remain in place until the completion of all construction and grading; specified locations for ingress, egress, operation and parking of all construction vehicles and equipment as defined in ࿙ 90.03 of this chapter, and for storage of solvents, hazardous materials, and soil and material stockpiles; and specified locations for all clearing, grubbing, grading and excavation.
(D) Denials. In considering applications and notifications submitted pursuant to this chapter, the City Forester shall evaluate the potential for adverse impact in the following areas on the urban and natural environment and shall issue an order denying the application or preventing the proposed tree removal if one or more of the following conditions exist:
(1) Ground and surface water stabilization. The proposed action will substantially alter the water table adversely with regard to water assimilation by vegetation, transpiration, and the evaporation potential of associated soils and bodies of water.
(2) Water quality or aquifer recharge. The proposed action will substantially lessen the potential for natural assimilation of nutrients, chemical pollutants, heavy metals, silt and other noxious substances from ground and surface waters.
(3) Ecological impacts. The proposed action will have a substantial adverse impact upon existing biological and ecological systems, or microclimatic conditions that directly affect these systems, or will create conditions that may adversely affect the dynamic equilibrium of associated systems.
(4) Noise pollution. The proposed action will significantly increase ambient noise levels to the degree that a nuisance is anticipated to occur or that a violation of the city's noise control regulations (i.e., ࿙ 92.35) is anticipated to occur.
(5) Air movement. The proposed action will significantly reduce the ability of the existing vegetation to reduce wind velocities to the degree that a nuisance is likely to occur.
(6) Air quality. The proposed action will significantly affect the natural clearing of the atmosphere by vegetation through particulate matter interception or the release of oxygen to the atmosphere as a byproduct of photosynthesis.
(7) Wildlife habitat. The proposed action will significantly reduce available habitat for wildlife existence and reproduction or result in the emigration of wildlife from adjacent or associated ecosystems.
(8) Aesthetic degradation. The proposed action will have an adverse effect on property values in the neighborhood where the applicant's property is located, or the proposed action will adversely affect a specimen or historic tree which is not, at the time of the application, hazardous, dead, diseased, injured, or judged to be structurally unsound, or does not interfere with existing utility service or create unsafe vision clearance for pedestrian or vehicular traffic.
(Ord. 91-11, passed 11-25-91) Penalty, see ࿙ 91.99
࿙ 90.07 REFORESTATION. - Back to Top
(A) Replacement of trees. As a condition of the granting of a permit or the approval of a tree preservation plan, the applicant shall be required to replace each tree being removed, as shall all owneroccupants who remove trees pursuant to the provisions of ࿙ 90.04 of this chapter. Each replacement tree shall be 1 inch in caliper or diameter and shall be nursery grade or better, and shall not be removed by any person without a permit to do so, pursuant to the provisions of ࿙ 90.04(A) of this chapter.
(B) As an alternative to one for one replacement of trees, a property owner may elect to replace trees at a ratio of one replacement tree for each three trees removed, provided that the tree species shall be selected from a list, maintained by the City Clerk, of trees approved by the City Forester for use under the replacement ratio option, and each tree planted pursuant to this provision shall be of a height or trunk caliper specified on the list for that species.
(C) New construction. To compensate for the adverse environmental impact of additional development within the city, including but not limited to such factors as added impervious surface, additional vehicle exhaust, and reduced photosynthetic surface area, the City Forester shall, as a condition of approval of tree preservation plans submitted for the construction of new structures, require the planting of sufficient trees, in addition to trees required to be planted pursuant to divisions (A) or (B) of this section, as are necessary to increase the total density on the site to an average of two trees per 5,000 square feet of lot size. The City Forester shall specify that a portion of the trees planted pursuant to this provision, not to exceed onethird of the total, be of a canopy tree species. New trees required to be planted by this provision shall be of a minimum of 1࿎ inches in caliper, and shall not be removed by any person without a permit to do so pursuant to the provisions of ࿙ 90.04(A) of this section.
(D) Time for replacement. All replacement trees required to be planted by the terms of a tree preservation plan, tree removal permit or by an owneroccupant who has removed trees pursuant to ࿙ 90.04 of this chapter shall be planted within 12 months of the date of approval of the plan or permit, or of notification submitted pursuant to ࿙ 90.05 of this chapter. Any unfulfilled obligation to plant trees under this provision shall attach to the real property to which the obligation relates and shall run with the land.
(E) Bond. Where the applicant for a permit for tree removal, or applicant for approval of a tree preservation plan, will be required to replace, or in connection with division (C) of this section initially plant, more than ten trees, the City Forester may, in his or her discretion, as a prerequisite to the granting of the permit, or approval of the tree preservation plan, require the applicant to post a cash bond in an amount not to exceed $50 per tree for the replacement of trees under division (A) of this section and initial planting under division (C) of this section, or $100 per tree if the applicants seeks to reduce the number of trees required by use of division (B) of this section. The bond shall be posted in cash or cash equivalent with the City Clerk. The bond shall be released by the City Clerk only upon the approval of the City Forester or his or her designee. Upon notification by the City Forester, or his or her designee, that the holder of the permit, or applicant under the tree preservation plan, has failed to timely comply with the replanting, or initial planting, requirements of the permit or tree preservation plan, the bond shall be forfeited to the city in an amount equivalent to the sum certified by the City Forester, or his or her designee, as being required to meet the replanting or initial planting requirements of the permit or tree preservation plan. If the required bond exceeds the sum of $10,000, the person posting the bond may apply for a partial release of the bond at such time as the City Forester, or his or her designee, certifies to the City Clerk that more than one half of the required replanting, both in number and value, has been fulfilled, and certifies the amount of the bond that should be released up to a maximum of 50%.
(Ord. 91-11, passed 11-25-91; Am. Ord. 95-3, passed 2-6-95; Am. Ord. 98-10, passed 12-7-98) Penalty, see ࿙ 90.99
࿙ 90.08 EMERGENCIES. - Back to Top
In case of emergencies, such as windstorm or other disasters, the requirements of these regulations may be waived by the City Forester, upon a finding that such waiver is necessary so that public or private work to restore order in the city will not be impeded. Excavation, tree removal, tree trimming, or other work subject to the terms of this chapter, and which is necessary for the restoration of existing electric, water, natural gas or telephone service, or rail service, may be performed without the approval of the City Forester, provided such work is reported to the City Forester within five business days of its completion.
(Ord. 91-11, passed 11-25-91)
࿙ 90.09 EXEMPTIONS. - Back to Top
(A) The provisions of this chapter shall not apply to any land recognized by the city upon which bona fide agricultural uses, as defined in ࿙ 90.03, are being conducted.
(B) Specifically exempt from the terms and provisions of this chapter are any trees so designated by the City Council.
(C) The City Maintenance Department shall be exempt from the permit requirements of this chapter, provided, however that no work which would otherwise require a permit or plan pursuant to this chapter shall be performed by the Department, except under the direction of the City Forester.
(Ord. 91-11, passed 11-25-91)
࿙ 90.10 VARIANCES AND WAIVERS OF REQUIREMENTS. - Back to Top
(A) The City Forester may, upon appropriate application in writing, vary or waive any terms and provisions of this chapter, other than the provisions of ࿙࿙ 90.12 and 90.13 of this chapter, due to unreasonable burdens in the use of any land to which this chapter applies.
(B) Where necessary to insure that construction work may go forward without interruption, the City Forester may orally vary the terms of an approved tree preservation plan if he finds that compliance with the plan will impose an unreasonable burden, and provided that the variance shall not substantially alter the impact of construction on any trees designated for protection on the plan, and further provided that a written amendment to the plan shall be submitted to the City Clerk within 24 hours of the issuance of the oral approval.
(Ord. 91-11, passed 11-25-91)
࿙ 90.11 APPEAL PROCEDURE. - Back to Top
Any person adversely affected by a decision of the City Forester in the enforcement or interpretation of any of the terms or provisions of this chapter may appeal such decision to the City Council. Such appeal shall be taken by filing written notice thereof with the City Clerk within 20 days after the decision of the City Forester. The notice of appeal shall set forth in writing the reasons for the appeal and, where applicable, a drawing to scale of any alternative proposal of the applicant. The notice of appeal shall be immediately circulated by the City Clerk to all members of the Council. The appeal will be considered by the Council at its next regular meeting, or at a special meeting of which the applicant must receive a minimum of seven days notice. The required notice may, at the discretion of the appellant, be waived.
(Ord. 91-11, passed 11-25-91)
࿙ 90.12 STOP WORK ORDERS; WITHHOLDING OR REVOKING OF BUILDING AND ZONING COMPLIANCE CERTIFICATE. - Back to Top
The city may withhold the issuance of building and zoning compliance certificate until such time as the necessary permits or approvals have been obtained under the terms of this chapter. In the event that the holder of a building and zoning compliance certificate shall violate the terms of this chapter the Police Department shall issue a stop work order at the site and all work shall cease until the violation is corrected. In the event that the violation remains uncorrected for a period of three days, the building and zoning compliance certificate shall be revoked and notice of the revocation shall be immediately transmitted to the Jefferson County Office of Building Inspection. No person who has failed to pay a fine or civil penalty levied pursuant to this chapter shall be entitled to receive a building and zoning compliance certificate from the city.
(Ord. 91-11, passed 11-25-91) Penalty, see ࿙ 90.99
࿙ 90.13 TREE REMOVAL COMPANIES; CONSTRUCTION COMPANIES. - Back to Top
All provisions of this chapter shall apply to any person removing trees on behalf of any other person, including all tree removal, construction companies or persons in the business of removing trees or constructing. It shall be unlawful for any person or company to remove or cause to be removed any tree, or undertake any work for which a permit is required pursuant to this chapter, unless a valid permit therefor is in effect and is displayed.
(Ord. 91-11, passed 11-25-91) Penalty, see ࿙ 91.99
࿙ 90.99 PENALTY. - Back to Top
(A) Any person violating any provision of this chapter or the terms or provisions of any order, permit or tree preservation plan issued or approved pursuant thereto shall be subject to a civil penalty of not less than $10 nor more than $500 as set out in the schedule of penalties appearing on Appendix A to this chapter which is incorporated herein by reference as
though fully set out herein, for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Any notice of civil penalty issued by the city for violation of this chapter may be personally delivered by an officer of the Police Department or may be mailed to the last known address of the offender by certified mail, return receipt requested. Should any person served notice for violation of this chapter not pay the penalty or arrange for a compromise of penalty pursuant to division (B) of this section, within 30 days of the issuance thereof, the city is empowered to bring an action in the appropriate court of the Commonwealth of Kentucky for enforcement of the penalty.
(B) Any person who has received a notice of civil penalty for a first violation of this chapter may apply to the City Forester to have the penalty reduced or eliminated, provided that such penalty has not been assessed under circumstances which caused it to be assessed at twice the amount shown for the violation on the schedule of penalties established pursuant to Appendix A to division (A) of this section. The City Forester may grant the application upon a showing that the person has complied with the terms of an agreement with the City Forester to plant trees in excess of the number of trees otherwise required to be planted by the terms of this chapter, on the property where the violation occurred, provided, however, that the actual cost of the trees and the planting thereof shall not be less than 75% of the amount of the total penalty. The number, type, size and planting time and location of trees planted under agreements reached pursuant to this provision shall be determined by the City Forester. Where the City Forester determines that it is not practical or desirable to plant trees pursuant to this provision on the property where the violation occurred, the City Forester may authorize the planting of some or all of the trees on property within the city owned by any governmental entity, with the permission of the entity.
(C) In addition to the penalties provided herein, the city or any resident of the city shall be entitled to seek injunctive relief through the courts of the commonwealth in order that the intent of this chapter may be carried out. The city may also seek to recover a civil penalty through such civil action equal to the total value of those trees illegally damaged or removed.
(Ord. 91-11, passed 11-25-91)
APPENDIX A: SCHEDULE OF PENALTIES - Back to Top
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(Ord. 91-11, passed 11-25-91)
14 Anchorage - General Regulations
APPENDIX B: CONSTRUCTION/TREE PRESERVATION PLAN
Trees 15
16 Anchorage - General Regulations
Trees 17
18 Anchorage - General Regulations
APPENDIX C: TREE REMOVAL NOTIFICATION
Trees 19
APPENDIX D: BUILDER'S CONTRACT BOND
20 Anchorage - General Regulations
CHAPTER 91: STREETS AND SIDEWALKS - Back to Top of General Regulations
Section
General Provisions
Excavations and Construction
91.15 (Reserved)
91.16 (Reserved)
91.17 (Reserved)
91.18 Barriers around excavations
91.19 Warning lights
91.20 Sidewalk construction
91.21 Disturbance or trenching of streets; permit and bond
Road and Bridge Projects
Obstructions
State or Federal Maintained Highways
91.60 Maintenance agreements
Targeted Residential Picketing
91.65 Definitions
91.66 Prohibitions
91.99 Penalty
Appendix: Builder's Contract Bond
GENERAL PROVISIONS
࿙ 91.01 DESIGNATION OF RIDING TRAILS AND WALKWAYS. - Back to Top
(A) All streets, roads, highways, avenues, the rights-of-way associated therewith, dedicated but unused rights-of-way, and easements over which vehicular traffic is ordinarily permitted or where the removal of snow, storm debris, or other maintenance is performed by the city, all whether now existing or hereinafter created, are hereby designated as riding tails. For the purposes of this section, it is presumed that vehicular traffic is permitted on any easement where there is no physical impediment present that blocks use of the easement by motor vehicles.
(B) All persons riding horseback are permitted to ride their horses on the grass, gutters, or shoulders adjacent to the riding trails, or where it is impossible to use the area adjacent to the surfaced or graded roadway, on the roadway itself, and to use any portion of a dedicated but unimproved right-of-way where there is an existing path or trail.
(C) All persons walking or running on riding trails, in addition to using those areas set out in division of this section are at all times permitted to use the two feet of the graded or surfaced roadway nearest that side of the roadway on which they are facing oncoming traffic.
(D) Motorized vehicles are prohibited from using any portion of a riding trail other than graded or paved roadways ordinarily open to vehicular traffic.
(E) It shall be unlawful to block a riding trail that was open on April 27, 1992, by means of a physical barrier, or to place or plant things that interfere with or restrict the use of riding trails.
(F) It shall be unlawful to place a barrier on any riding trail that is not readily visible in all lighting conditions between dawn and dusk, deliberately place sharp objects on any riding trail, or to commit any other intentional act that constitutes danger to those persons and animals using the riding trails designated herein. For the purpose of this division (F), BARRIER shall be defined as wire (including fence), rope, string, monofilament line, metal bars, wood, or any other thing or object stretched across the width of the entire riding trail, or any portion thereof, and of sufficient strength to trip or injure the persons and animals using the riding trail.
(Ord. 92-04, passed 6-22-92) Penalty, see ࿙ 91.99
࿙ 91.02 USE OF STREETS BY GROUPS; PERMIT REQUIRED. - Back to Top
(A) It shall be unlawful for groups of people or vehicles to use, traverse or otherwise occupy the roads, lanes, streets or public ways within the boundaries of the city without first securing a permit at least two weeks in advance of any such event.
(B) Requests for the permits shall be in writing and state the approximate number of people and/or vehicles, the date, the time of start and finish of each event and the purpose.
(C) Requests of the permits shall be made to the City Clerk during regular office hours, 9:00 a.m. to 12:00 p.m., weekdays or by appointment and approved by the Chief of Police.
(D) The permits shall assure unimpeded access for fire or emergency vehicles and personnel and reasonable access and egress to residential, business and institutional properties during the event.
(E) If a permit is approved, it shall be prominently posted for public scrutiny and released to the local press.
(Ord. 84-11, passed 7-24-84) Penalty, see ࿙ 91.99
EXCAVATIONS AND CONSTRUCTION
࿙ 91.15 (RESERVED). - Back to Top
࿙ 91.16 (RESERVED). -
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࿙ 91.17 (RESERVED). - Back to Top
࿙ 91.18 BARRIERS AROUND EXCAVATIONS. -
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Any person engaged in or employing others in excavating or opening any street, sidewalk, alley, or other public way shall have the excavation or opening fully barricaded at all times to prevent injury to persons or animals.
Penalty, see ࿙ 91.99
࿙ 91.19 WARNING LIGHTS. - Back to Top
Any person engaged in or employing others in excavating or otherwise in any manner obstructing a portion or all of any street, sidewalk, alley, or other public way, at all times during the night season shall install and maintain at least two illuminated red lamps which shall be securely and conspicuously posted on, at, or near each end of the obstruction or excavation, and if the space involved exceeds 50 feet in extent, at least one additional lamp for each added 50 feet or portion thereof excavated or obstructed.
Penalty, see ࿙ 91.99
࿙ 91.20 SIDEWALK CONSTRUCTION. - Back to Top
(A) City-owned sidewalks. It shall be the duty of the authorized city official to supervise construction or repair of sidewalks within the city. He shall cause specifications to be prepared for the construction of the various kinds of pavements and transmit the specifications to the legislative body for approval. When the specifications are approved, the legislative body shall advertise for proposals to do all the work which may be ordered by the city in construction and repair of sidewalks, and shall authorize the Mayor to contract therefor, for a period not exceeding one year, with the lowest responsible bidder, who shall for the faithful performance of the work. The Mayor, if authorized by City Council, may make separate contracts for the different kinds of work with different parties.
(B) Privately-owned sidewalks.
(1) Anyone can build a sidewalk next to a public road in the city, with the permission of the City Council.
(2) The person or persons owning the sidewalk will bear full responsibility for the cost, construction and maintenance, for as long as the sidewalk exists, but shall permit the public access and usage.
(3) The sidewalk owner(s) bear any and all liability for the sidewalk and those that use it.
(4) Applicants for permission to build a sidewalk must comply with the following:
(a) Present a plan indicating size, location, etc. of the proposed sidewalk;
(b) Present a statement of need for the sidewalk indicating population(s) served;
(c) Present a cost estimate for the construction;
(d) Present a desired schedule for construction;
(e) Present a letter of commitment from any organization backing the proposal. The letter should state the exact extent of commitment to the project; and
(f) Present a petition supporting the proposal from all persons on whose property the sidewalk will be constructed, or whose property abuts a city rightofway on the same side of the street and at a point where the sidewalk will be constructed.
(Res. 94-2, passed 3-7-94)
࿙ 91.21 DISTURBANCE OR TRENCHING OF STREETS; PERMIT AND BOND. - Back to Top
(A) Definition. For the purposes of this section, the term UNDERGROUND UTILITIES shall mean any electric, communications, natural gas, water, sewer, or drainage service or means of transmission that is installed beneath the surface of the soil or street.
(B) Permit required. No person shall destroy, disturb, cut, trench, or use construction equipment on the paved surface or associated rightofway of a now existing or hereafter constructed public street without a permit granted by the city unless such destruction, disturbance, cutting, trenching, or use of construction equipment is in conjunction with the repair or refurbishment of previously existing underground utilities or is for the purpose of connecting previously existing underground utilities to one previously existing single family residence.
(C) Restoration of street; bond required. No permit shall be granted for the destruction, disturbance, cutting, trenching, or use of construction equipment within a public rightofway without the applicant's written agreement to back fill and restore the subsurface of the street or public rightofway to specifications set by the City Engineer or to repave the entire width of the street for the length of the destruction, disturbance, cut, trench, or area where construction equipment is used, and for an additional 100 feet as measured from both ends of the affected area, with a minimum of 11/2 inches of compacted asphalt which meets the specifications of the City Engineer, and until the applicant has posted a cash bond (cash or cash equivalent) with the city in an amount to be set by the City Engineer which is his or her discretion is estimated to be 110% of the cost to the city of completing the rebuilding and repaving required of the applicant should the applicant not accomplish the rebuilding or repaving.
(D) Contents of permit. The permit shall be issued by the City Engineer, City Administrator, or Mayor upon compliance by the applicant with the terms of this section and shall state the beginning and ending date of the permitted construction and the date by which all rebuilding and repaving will be completed, and specifically describe the portion(s) of any street(s) to which the permit applies.
(E) Release or forfeiture of bond.
(1) If the rebuilding and repaving is not completed within six months of the designated date of completion on the permit, the cash bond shall be forfeited to the city.
(2) The cash bond posted by the holder of a permit shall only be released upon certification by the City Engineer that all of the rebuilding and repaving requirements of the permit have been fulfilled.
(F) Nothing in this section shall exempt any person from compliance with the requirements of Chapter 90 of this code, including but not limited to such additional cash bond as may be required by the City Forester under the terms of that chapter.
(Ord. 95-4, passed 2-6-95) Penalty, see 91.99
ROAD AND BRIDGE PROJECTS
࿙ 91.30 PUBLIC HEARING REQUIRED. - Back to Top
Before the city expends state derived tax revenues on a municipal highway, road, street, or bridge it shall hold a hearing in accordance with the provisions of this subchapter to take the sense of the public with regard to the project and to priorities for use of tax moneys for road and bridge purposes.
(KRS 174.100)
࿙ 91.31 NOTICE REQUIREMENTS. - Back to Top
Prior to the contemplated date of expenditure of state derived tax revenues on a road or bridge by the city, the city shall hold a public hearing for the purpose of taking the sense of the public with regard to road and bridge matters within the city. Notice of the hearing shall be given not less than seven days nor more than 21 days before the scheduled date of the public hearing and before beginning work on any project covered by this subchapter.
(KRS 174.100(1))
࿙ 91.32 PUBLIC MAY TESTIFY; EFFECT OF TESTIMONY. - Back to Top
(A) At the hearing any person may speak with regard to any proposed project, any project which he feels should be built or done which has not been proposed, priorities for completion of projects, and any other matter related to road or bridge projects.
(B) The city shall not be bound by the testimony heard at the hearing but shall give due consideration to it.
(KRS 174.100(2),(3))
࿙ 91.33 HEARING TO BE HELD PRIOR TO CONSTRUCTION. - Back to Top
The city shall not begin construction on a road or bridge project wherein state derived tax revenues are involved until the hearing as provided herein has been held.
(KRS 174.100(4))
࿙ 91.34 SEPARATE HEARING FOR EACH PROJECT NOT REQUIRED. - Back to Top
This subchapter shall not be construed to require a separate hearing for each project. A single hearing encompassing the entire road and bridge program, provided all projects subsequently undertaken have been identified at the hearing, shall meet the requirements of this subchapter.
(KRS 174.100(5))
࿙ 91.35 EXEMPTIONS FROM HEARING REQUIREMENT. - Back to Top
(A) The provisions of this subchapter shall not apply to emergency repair or replacement of roads or bridges necessitated by natural or man-caused disasters nor to street cleaning or snow removal operations.
(B) The provisions of this subchapter shall not apply to projects which are under construction as of the effective date of this subchapter unless construction is suspended after the effective date of this subchapter and the city desires to reactivate the project.
(KRS 174.100(6),(7))
OBSTRUCTIONS
࿙ 91.45 UNLOADING ON STREET OR SIDEWALK. - Back to Top
No person shall unload any heavy material in the streets of the city by throwing or letting the material fall upon the pavement of any street, alley, sidewalk, or other public way, without first placing some sufficient protection over the pavement.
Penalty, see ࿙ 91.99
࿙ 91.46 STREET AND SIDEWALK OBSTRUCTION. - Back to Top
No person shall obstruct any street, alley, sidewalk, or other public way within the city by erecting thereon any fence or building, or permitting any fence or building to remain thereon. Each day that any fence or building is permitted to remain upon the public way shall constitute a separate offense.
Penalty, see ࿙ 91.99
࿙ 91.47 MATERIALS ON STREET OR SIDEWALK. - Back to Top
No person shall encumber any street or sidewalk. No owner, occupant, or person having the care of any building or lot of land, bordering on any street or sidewalk, shall permit it to be encumbered with barrels, boxes, cans, articles, or substances of any kind, so as to interfere with the free and unobstructed use thereof.
Penalty, see ࿙ 91.99
Cross-reference:
Littering on streets or sidewalks, see Ch. 94
࿙ 91.48 REMOVAL OF ICE AND SNOW. - Back to Top
It shall be the duty of the owner or of the occupant of each and every parcel of real estate in the city abutting upon any sidewalk to keep the sidewalk abutting his premises free and clear of snow and ice to the extent feasible under the prevailing weather conditions, and to remove therefrom all snow and ice, to the extent feasible under the prevailing weather conditions, a reasonable time which will ordinarily not exceed 12 hours after the abatement of any storm during which the snow and ice may have accumulated.
Penalty, see ࿙ 91.99
STATE OR FEDERAL MAINTAINED HIGHWAYS
࿙ 91.60 MAINTENANCE AGREEMENTS. - Back to Top
(A) Whenever the Commissioner of Highways of the Commonwealth of Kentucky, by authority of KRS 177.041 to 177.047 inclusive designates any streets or portions thereof, including viaducts and bridges, as connecting links of state or federal maintained highways, or necessary feeder streets thereto and thereby undertakes the future maintenance, repair, construction or reconstruction of such streets, bridges or viaducts in the manner provided by the aforesaid statutes, the Mayor is hereby expressly authorized, instructed and directed to enter into any and all constructs and agreements with the Department of Highways necessary to carry out the purposes and provisions of the statutes.
(B) Should the Department of Highways construct or reconstruct any streets in the city, such work shall be done by the Department as the agent of the city, as set out in KRS 177.044(3).
(Ord. 55-3, passed 4-5-55)
TARGETED RESIDENTIAL PICKETING
࿙ 91.65 DEFINITIONS. - Back to Top
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DWELLING. Any structure or building within the city that is primarily used as a residence.
PICKETING. The practice of sitting, standing, marching, or patrolling by one or more persons in front of or around any dwelling to persuade an occupant of such dwelling or to protest some action, attitude, or belief of an occupant of such dwelling.
RESIDENTIAL ZONE. Any portion of the city within the RE, R1 or R2 zoning districts as defined by the Louisville and Jefferson County Planning Commission and adopted by the city and such future zoning districts in which the only permitted use (not including conditional uses) is for single family dwellings.
TARGETED RESIDENTIAL PICKETING. Picketing that is directed primarily toward a single dwelling and its owner or occupants.
Ord. 97-14, passed 8-6-97)
࿙ 91.66 PROHIBITIONS. - Back to Top
(A) It shall be unlawful to engage in targeted residential picketing within the city.
(B) Unless acting pursuant to a permit issued by the city for temporary use of a public street(s) or right of way, it shall be unlawful for more than three pickets to engage in picketing within a single block (that area of a street between two cross or intersecting streets or between a cross or intersecting street and the end of the street), or 1,000 linear feet of street, whichever is the shorter distance, within any residential zone of the city.
(C) It shall be unlawful to picket on any street or county or state road, or the adjacent right of way, within any area of the city except during that period of any day which begins 30 minutes after the official sunrise for Louisville, Kentucky and ends 30 minutes prior to the officially designated sunset for Louisville, Kentucky.
(D) It shall be unlawful for anyone engaged in picketing within a residential zone of the city to use sound amplification equipment as part of their picketing activity.
(Ord. 97-14, passed 8-6-97)
࿙ 91.99 PENALTY. - Back to Top
(A) Whoever violates any provision of this chapter for which no penalty is otherwise provided shall be guilty of a misdemeanor and shall, upon conviction, be fined not more than $500.
(B) Any person who violates ࿙ 91.01(E) shall be guilty of a violation and shall be subject to a fine of up to $250.
(C) Any person who violates ࿙ 91.01(F) shall be guilty of a Class A Misdemeanor and shall be punished as such. (Ord. 92-4, passed 6-22-92)
(D) Any person who violates any provision of ࿙ 91.02 shall be guilty of a Class A Misdemeanor and shall be fined not less than $20 nor more than $500. (Ord. 84-11, passed 7-23-84)
(E) Any person who violates ࿙ 91.21 by the destruction, disturbance, cutting, trenching, or use of construction equipment on a public right of way of the city, or easement held by the city, or upon any portion of a public street, without a valid permit issued by the city shall be deemed a Class B misdemeanor and subject to a fine of not less than $50 nor more than $500, or a sentence to a term of imprisonment of up to 90 days, or both.
(Ord. 95-4, passed 2-6-95)
(F) (1) Any person who violates any prohibition of ࿙ 91.66, with the violation of each prohibition being a separate offense, shall, upon their first conviction, be fined not less than $10 nor more than $100 for each offense.
Streets and Sidewalks 26A
(2) Any person who continues to violate any prohibition of ࿙ 91.66, after first being cited for a violation, and who refuses to comply with or resists the enforcement of ࿙ 91.66 or the direction of a police officer to cease the activity declared by ࿙ 91.66 to be unlawful, shall be guilty of a Class B misdemeanor, and, at the discretion of the officer, may be physically arrested, or, and in accordance with Kentucky law, be issued a criminal citation/summons for the appearance of the violator in Jefferson District Court, and shall upon conviction be fined not less than $250 nor more than $500, or imprisoned for not more than 30 days or both.
(3) Any person who violates ࿙ 91.66 and who within the 12 months immediately preceding the date of the violation has previously been convicted or paid a fine for the violation of ࿙ 91.66, shall, if found guilty of the second offense, be fined not less than $250 nor more than $500 for each offense. (Ord. 97-14, passed 8-6-97)
Streets and Sidewalks 27
APPENDIX: BUILDER'S CONTRACT BOND