Chapter 99

STREETS AND SIDEWALKS

GENERAL PROVISIONS

§ 99.01. Use of streets for sales or exhibitions; permit required. § 99.02. City to assist in de-icing of parking lots. § 99.03. Curb cut and driveway policy. § 99.04. Skateboards, roller skates, coasters, and similar devices.

OPENINGS AND EXCAVATIONS

§ 99.10. Permit required for opening and excavation. § 99.11. Application for permit. § 99.12. Deposit required for permit. § 99.13. Issuance of permit. § 99.14. Record of permits. § 99.15. Openings in paved streets. § 99.16. Openings in public place prior to scheduled improvement. § 99.17. Guarding excavations and obstructions. § 99.18. Requirements for work under permit. § 99.19. Failure of permittee to comply with regulations. § 99.20. Duties of police.

SIDEWALK CONSTRUCTION

§ 99.30. Authority to construct sidewalks, assess costs. § 99.31. Application by owners to construct sidewalk. § 99.32. Council proposal to construct sidewalk; hearing. § 99.33. Assessment procedure; installment payments. § 99.34. City manager to keep account of costs. § 99.35. Plans and specifications.

SIDEWALK REGULATIONS

§ 99.45. Maintenance of sidewalks by owners. § 99.46. Damaging sidewalks. § 99.47. Ingress or egress. § 99.48. Clearing off sidewalk. § 99.49. Livestock on sidewalks.

DESIGN AND CONSTRUCTION OF STREETS AND ALLEYS

§ 99.55. Title. § 99.56. Purpose. § 99.57. Plans and specifications; preparation and format. § 99.58. Pavement types. § 99.59. Specifications for pavement types. § 99.60. Street design. § 99.61. Cleanup. § 99.62. Substandard work. § 99.63. Final inspection. § 99.64. Prohibited Acts. § 99.65. Permits and Deposits. § 99.66. Notice; Stop Work Order. § 99.67. Clean Up and Removal Lien. § 99.68. Inspections and Enforcement; Civil Infraction.

TREES

§ 99.70. Title. § 99.71. Authority of city forester. § 99.72. Permit required for planting or altering tree; standards for issuance. § 99.73. Duties of private owners. § 99.74. Corner clearance. § 99.75. Trees at sewer connection. § 99.76. Abuse or mutilation of trees or plants in public places. § 99.77. Procedure to preserve or remove tree. § 99.78. Guide for selection and planting of trees.

§ 99.99. Penalty.

Appendix A: Permit to occupy right-of-way. Appendix B: Pavement types.

GENERAL PROVISIONS

Sec. 99.01. Use of streets for sales or exhibitions; permit required.

It shall be unlawful for any person, firm, or corporation to occupy any portion of the public streets, alleys, lanes, or highways of the city for the sale or giving away of any merchandise, commodities, or supplies, or to occupy any portion of the public streets, alleys, lanes, or highways for the purpose of holding thereon any carnival or other exhibition or entertainment without obtaining permission therefor from the City Council and paying the fee required to be paid by the City council. (Code 1967, § 3-201) (Ord. passed 4-6-31) Penalty, see § 10.99.

Sec. 99.02. City to assist in de-icing of parking lots.

The city shall assist in the de-icing of public parking lots for commercial, school, and church parking areas after heavy ice storms or severe freezing rains are experienced in the city.

GENERAL REGULATIONS § 99.03

Sec. 99.03. Curb cut and driveway policy.

(a) No opening in or through any curb of any street shall be made nor shall any driveway be constructed or improved with asphalt or cement-based materials which is not covered by a building permit without ensuring that the activity conforms to city policy.

(b) Curb cuts and driveway construction to provide access to private property shall comply with the following:

(1) No single curb cut shall extend beyond 45 feet at the curb line nor shall the driveway approach extend beyond 30 feet at the sidewalk line.

(2) The minimum distance between any curb cut and a public crosswalk shall be twenty (20) feet.

(3) The minimum distance between curb cuts, except those serving residential property, shall be twenty (20) feet.

(4) The maximum number of lineal feet of sidewalk driveway crossings permitted for any lot, parcel of land, business, or enterprise, shall be forty-five (45) percent of the total abutting street frontage.

(5) The necessary adjustments to utility poles, light standards, fire hydrants, catch basins, street or railway signs, signals, trees, or other public improvements or installations shall be accomplished without cost to the city.

(6) Sidewalks crossed by driveways shall be a minimum of six (6) inches in thickness of concrete, constructed in accordance with city sidewalk specifications. Removal of existing sidewalks shall not be required.

(7) It is recommended that the approach to each concrete driveway be a minimum of six (6) inches of total thickness with expansion joints at the curb and on each side of the sidewalk and that wire mesh be used. It is recommended that for all asphalt or bituminous drive approaches that a minimum of four (4) inches thickness be achieved.

(8) All construction shall be in accordance with plans and specifications approved as city policy.

(9) From time to time, the city council shall, by resolution, set the amount of the fee which shall represent the city’s estimate of the actual cost of a curb cut. (Ord. of 5-12-75; Ord. No. 99, 9-28-98) § 99.04 FLUSHING CODE – STREETS AND SIDEWALKS

Sec. 99.04. Skateboards, roller skates, coasters, and similar devices.

(a) Any person upon roller skates or riding on or by means of any skateboard, coaster, or similar device on any public sidewalk, public right-of-way or area commonly frequented by pedestrians shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.

(b) No person shall ride on or by means of any roller skates, skateboard, coaster, or similar device on a public sidewalk, parking lot, street, right-of-way, or other area commonly frequented by pedestrians within the area of the city zoned Central Business District (CBD), Local Business District (B-1), or General Business District (B-2). (Ord. No. 99, 6-23-03)

(c) No person shall ride on or by means of any roller skates, skateboard, coaster, or similar device on any park structure or any other posted prohibited area. (Ord. of 4-25-88; Ord. No. 99, § 1, 4-15-96)

OPENINGS AND EXCAVATIONS

Sec. 99.10. Permit required for opening and excavation.

Unless acting under a contract with the city, it shall be unlawful for any person, other than a duly authorized city official or employee in the course of his employment, to make, cause, or permit to be made any excavation or opening in or under the surface or pavement of any street, alley, sidewalk, or other public place within the limits of the city, without first having obtained and having in force a permit as hereinafter provided. In case of an emergency arising out of office hours, at night, Sundays, or legal holidays, when an immediate excavation is necessary for the protection of public or private property, the necessary excavation may be made upon the express condition that an application be made in the manner herein provided, on or before noon of the next following business day. (Code 1967, § 3-102; Ord. of 12-12-55)

Sec. 99.11. Application for permit.

(a) Any person, except as hereinafter provided, desiring to procure a specific permit, as herein provide, shall file with the city manager at least twenty-four (24) hours before the time proposed to begin this work, a written application upon a blank form prepared and provided by the city.

(b) The application shall state the name and address of the applicant, the name of the street, alley, sidewalk, or public place in or under which it is desired to make the excavation or opening, the kind of pavement or sidewalk thereon, the purpose, size, and location, as near as can be determined, of the proposed excavation or opening, the

GENERAL REGULATIONS – STREETS AND SIDEWALKS § 99.12

name, address, lot, and subdivision of the person for whose benefit the work is to be done, and the time during which it is desired such an opening is to be permitted. When required by the city manager, the application shall be accompanied by a plat or pencil tracing or sketch showing the location, character, and dimensions of the proposed excavation or opening for the installation of new work, or the location and character of the alterations involving the location of pipes, poles, conduits, wires, or other conductors. However, any public utility operating in the state under the jurisdiction and control of the state public service commission, upon written application and the filing of an annual bond and the payment of an annual fee as hereinafter provided, shall be granted a permit under the provisions hereof for the installation, maintenance, or repair of any public utility installations in the public street, good for a period of one (1) year from the date thereof. Every such corporation performing any construction work thereunder, at the end of each week, or whenever required by the city manager, shall file a written report showing all construction work performed by it within the city during the week under the provisions of such a permit. An annual permit shall not authorize any opening in any concrete, asphalt, brick, or other pavement without the special permission of the city manager, in each case. (Code 1967, § 3-103) (Ord. passed 12-12-55) Penalty, see § 99.99.

Sec. 99.12. Deposit required for permit.

Before a permit shall be issued, the city manager shall require of the applicant a deposit of such a sum of money as shall be deemed by the city manager sufficient to cover and pay all the expenses for furnishing such material, doing such work, making such inspection, and taking means as shall be required properly to restore and secure against settlement of the street and sidewalk, pavement, curb, and gutter necessary to be replaced in consequence of making the excavation, opening, or disturbance. The sum of money so collected and deposited shall be paid into the city treasury by the city clerk and be used solely for the purpose of paying for the repairing and replacing of any pavement or surface broken into or disturbed for any of the purposes mentioned in this subchapter. After completion of the work to the satisfaction of the city engineer, he shall determine the cost of the work and the amount of any surplus remaining from the amount deposited in such a case, and the surplus shall thereupon be returned to the proper claimant. If for any reason the amount of the deposit shall be insufficient to cover the cost of such work, or, if any damage shall have been done not contemplated in the original estimate, which shall have caused increased expenditure, the amounts of the deficiency or damage shall be collected from the person to whom the permit was issued. No further permits shall be granted to that person or any other person on his behalf until the amount of the deficiency or damage shall have been paid. However, any public utility to which a yearly or specific permit has been issued under the provisions hereof, in lieu of making such a deposit, may deposit with the city manager a purchase order upon such a company in favor of the city, for the payment by that company to the city, when determined, of all costs and expenses provided in this section. (Code 1967, § 3-104) (Ord. passed 12-12-55)

§ 99.13 FLUSHING CODE – STREETS AND SIDEWALKS

Sec. 99.13. Issuance of permit.

The city manager, upon filing of the application and the payment of a permit fee of $5 and the deposit herein required, may, in his discretion, issue a permit which shall state the name and address of the applicant, the locations, nature, purpose, and extent of the excavation or opening, the kind or kinds of pavement to be disturbed, the amount of the deposit paid by the applicant and the dates of granting and expiration of the permit. All permits shall be consecutively numbered, and shall be made in duplicate, one copy to be given to the applicant and one copy to be delivered to the city manager. The permit shall at all times be prominently posted on the job. This section shall not apply where inconsistent with the permit fee provisions of the provisions regulating sewers and drains, plumbing and sidewalks, nor to a public utility to which an annual permit shall have been issued under the provisions hereof. The annual fee for a yearly permit issued hereunder, shall be $100 per annum, payable in advance. (Code 1967, § 3-105) (Ord. passed 12-12-55)

Sec. 99.14. Record of permits.

The city manager shall prepare and keep a record of permits issued, numbered in the order in which they were issued, name and address of person to whom issued, location, nature, purpose, and extent of excavation or opening, time in which the street is to be restored, permit fee and the amount of deposit paid, and those other and further items as will enable anyone to obtain a complete history of each permit from its issuance to its termination. The copies of the permit kept by the city manager, properly bound, may be used as a basis for such a record. (Code 1967, § 3-106) (Ord. passed 12-12-55)

Sec. 99.15. Openings in paved streets.

It shall be unlawful for any person to make, permit, or cause to be made any excavation or opening in or under a pavement authorized after this subchapter becomes effective for any purpose whatsoever, within a period of two years from and after the time of construction of any such paving or resurfacing, provided that the city manager may, on account of an emergency affecting public health or safety and public welfare, and which could not have been foreseen, suspend the operation of this two-year rule, and in such cases, upon the granting of the permit, this work may be performed within the two-year period; but the mere failure or neglect of the applicant or other persons to do or have the work done before such a two-year period, or the convenience, by reason of such a failure or neglect to property along the particular street or in the particular public place described in the application shall not be considered to be an emergency. The two-year period shall be deemed to begin at the time of the completion and final acceptance by the city of any such construction, paving, resurfacing, or repaving. (Code 1967, § 3-107) (Ord. passed 12-12-55) Penalty, see § 99.99. GENERAL REGULATIONS – STREETS AND SIDEWALKS § 99.18

Sec. 99.16. Openings in public place prior to scheduled improvement.

Before any street, alley, sidewalk, or other public place shall be paved, resurfaced, repaved, widened, or otherwise improved, notice thereof shall be furnished to all public service corporations and similar persons concerned. Prior to any excavation or treatment of existing surfaces by the city, state, or their contractor, such a corporation or other persons shall lay therein all wires, pipes, poles, cables, conduits, and the like which may be deemed necessary or contemplated by the utility during the life of the improvement. On the recommendation of the city manager, the city council may, by resolution, set a reasonable time limit prior to which all work on all such wires, pipes, poles, cables, conduits, and the like in the street, alley, sidewalk, or other public places to be improved must be completed. Any person who, without the written consent of the city manager, continues to do this work after the expiration of the time set, shall be subject to the penalties provided in § 99.99. Failure of the city to give or receive notice to or from specific persons shall not affect the other provisions of this subchapter or the penalties hereby imposed, and shall not be deemed to create an emergency within the meaning of § 99.15. (Code 1967, § 3-108) (Ord. passed 12-12-55) Penalty, see § 99.99.

Sec. 99.17. Guarding excavations and obstructions.

The permittee shall erect such fences, railing, or barriers about the site of the excavation work as shall prevent danger to persons using the city street or sidewalks. These protective barriers shall be maintained until the work shall be completed or the danger removed. At twilight there shall be placed upon the place of excavation and upon any excavated materials or structures or other obstructions to streets suitable and sufficient lights which shall be kept burning throughout the night during the maintenance of such obstructions. These lights shall also be kept burning at all times when visibility is such that the law requires lighting of motor vehicles. It shall be unlawful for anyone to remove or tear down the fence or railing or other protective barriers or any lights provided there for the protection of the public. (Code 1967, § 3-109) (Ord. passed 12-12-55) Penalty, see § 99.99.

Sec. 99.18. Requirements for work under permit.

All work under a permit for street openings or excavation shall be under the supervision of the city manager and in conformity with the following requirements:

(a) All work shall be pursued diligently and continuously until the same is completed. When in consequence of the weather or any process of the law, or any other unexpected obstacle, the work shall be stopped for so long a time that public travel shall be unreasonably obstructed, the excavation or opening shall be refilled and repaved as if the work contemplated in a permit were actually completed.

(b) In no case shall a person open or remove a greater area of surface and at no other location than that specified in the original or supplementary application; however, if

§ 99.18 FLUSHING CODE – STREETS AND SIDEWALKS

at the time of actually doing the work it shall be necessary to open or remove a greater area of surface than originally applied for, the applicant shall first notify and procure the consent of the city manager to do so upon the express condition that he shall before noon of the following business day file a supplementary permit for the making of an additional excavation.

(c) All work shall be performed in such a way as to cause a minimum of inconvenience and restriction to both pedestrian and vehicular traffic. No dirt or other materials shall be placed on sidewalks. Not more than one-half of the width of the street shall be opened at one time; the other half shall remain untouched for the accommodation of traffic until the first half is restored for safe use. All work shall be prosecuted so as not to interfere with any access to fire houses, fire hydrants, and United States mailboxes.

(d) The person to whom a permit is granted shall at his expense sustain, secure, and protect the pipes, poles, mains, or conduits of any corporation from injury and replace and pack the earth wherever the same shall have been removed, loosened, or disturbed, under or around them, so that they shall be well and substantially supported. If any person shall fail to sustain, secure, or protect the pipes, poles, mains, or conduits from injury or to replace and pack the earth under or around them, as the provisions of this section require, then the same may be done by the corporation to whom the same may belong, and the cost thereof and all damages sustained by the corporation thereby shall be paid by such a person, and in default thereof, the corporation may maintain an action against him therefore.

(e) Paving materials and earth or gravel removed shall be kept separate and those materials capable of being reused shall be preserved. The width of the excavation or opening shall be used when deemed necessary by the city manager. At the discretion of the city manager, sheeting and bracing may be cut off one foot below the surface pavement and left in place when the opening is refilled. The street, alley, sidewalk, or other public place shall be opened in a manner which will cause the least inconvenience to the public and admit the uninterrupted passage of water along the gutter. Excavations shall be made by an open cut method. No tunneling shall be done except as authorized by the city manager and then only under those conditions as he may impose. In case of slips or slides of the sides of the excavation the same will be trimmed to solid earth and the top surface cut back to the limit of the same before any backfilling is commenced.

(f) Upon the completion of the work, all equipment, materials, tools, toolboxes, temporary buildings, excavated materials, and the like shall be promptly removed from the street, alley, or public place. The surface of the street, sidewalk, lawn, and private property shall be cleaned, leaving same in as neat, clean, and usable condition

GENERAL REGULATIONS – STREES AND SIDEWALKS § 99.18

as originally found. Trees damaged or removed shall be replaced. Lawns damaged by the work shall be repaired to the satisfaction of the city manager.

(g) Backfilling. All excavation shall be backfilled in accordance with city specifications and shall be inspected by the city engineer before the cut is graveled or paved as the case may be.

(h) Restoration of surface.

(1) The permittee shall restore the surface of all streets, broken into or damaged as a result of the excavation work, to their original condition in accordance with specifications of the city engineer. The permittee may be required to place a temporary surface over openings made in paved traffic lanes. Except when the pavement is to be replaced before the opening of the cut to traffic, the fill above the bottom of the paving slab shall be made with suitable material well tamped into place and this fill shall be topped with a minimum of at least one inch of bituminous mixture which is suitable to maintain the opening in good condition until permanent restoration can be made. The crown of the temporary restoration shall not exceed one inch above the adjoining pavement. The permittee shall exercise special care in making such temporary restorations and shall maintain such restorations in safe traveling condition until such time as permanent restorations are made. The asphalt which is used shall be in accordance with the specifications of the city engineer. If in the judgment of the city engineer, it is not expedient to replace the pavement over any cut or excavation made in the street upon completion of the work allowed under this permit by reason of the looseness of the earth or weather conditions, he may direct the permittee to lay a temporary surface of suitable material designed by him over the cut or excavation to remain until such time as the repair of the original pavement may be properly made.

(2) Permanent restoration of the street shall be made by the permittee in strict accordance with the specifications prescribed by the city engineer to restore the street to its original and proper condition, or as near as may be.

(3) Acceptance or approval of any excavation work by the city engineer shall not prevent the city from asserting a claim against the permittee and his surety under surety bond for incomplete or defective work if discovered within 24 months from the completion of the excavation work. The city engineer’s presence during the performance of any excavation work shall not relieve the permittee of his responsibility hereunder.

(i) If any part of a slab or sidewalk is cracked or damaged in any way, the entire slab shall be replaced.

§ 99.18 FLUSHING CODE – STREETS AND SIDEWALKS

(j) If it is necessary to cut a concrete pavement throughout its entire width, then the entire slab, so cut, shall be replaced.

(k) City’s right to restore surface. If the permittee shall have failed to restore the surface of the street to its original and proper condition upon the expiration of the time fixed by the permit, or shall otherwise have failed to complete the excavation work covered by the permit, the city engineer, if he deems it advisable, shall have the right to do all work and things necessary to restore the street and to complete the excavation work. The permittee shall be liable for the actual cost thereof and 25% of the cost in addition for general overhead and administrative expenses. The city shall have a cause of action for all fees, expenses, and amounts paid out and due it for this work and shall apply in payment of the amount due it any funds of the permittee deposited as herein provided. The city shall also enforce its rights under permittee’s surety bond provided.

(l) It shall be the duty of the permittee to guarantee and maintain the site of the excavation work in the same condition it was prior to the excavation for two years after restoring it to its original condition. (Code 1967, § 3-110) (Ord. passed 12-12-55; Am. Ord. passed 1967) Penalty, see § 99.99

Sec. 99.19. Failure of permittee to comply with regulations.

In case any person to whom a permit for street opening or excavation has been granted shall fail to comply with the terms thereof, the permit shall become null and void, and any and all expense which may be incurred by the city in refilling the excavation or restoring the street or sidewalk to its proper condition shall be borne by the permittee. In case the person to whom a permit is granted shall fail to leave the street or sidewalk in as good of condition as it was previous to any work being done under the permit, any and all expense which may be incurred by the city in restoring the street to its proper condition shall be borne by the permittee. (Code 1967, § 3-111) (Ord. passed 12-12-55) Penalty, see § 99.99.

Sec. 99.20. Duties of police.

All police officers shall be vigilant in the enforcement of this subchapter, and shall report through proper channels any violations thereof to the city manager on observing or being informed of the opening or excavation in any street, and shall require the person making an opening or excavation to exhibit the permit therefore; and if none has been given, or if the exhibition thereof is refused, the officer shall, without delay, enforce the provisions of the subchapter. (Code 1967, § 3-112) (Ord. passed 12-12-55) GENERAL REGULATIONS – STREETS AND SIDEWALKS § 99.31

SIDEWALK CONSTRUCTION

Sec. 99.30. Authority to construct sidewalks, assess costs.

(a) The city council shall have control of all sidewalks and public streets and alleys of the city and may prescribe the grade thereof, and change the same when deemed necessary. They shall have the power to build, maintain, and keep in repair sidewalks and crosswalks, and the public streets and alleys. The expense of constructing initial sidewalks on any premises shall be assessed to the premises adjacent to and abutting upon the walks to the amount of 75% of such an expense. The balance of 25% of the expense shall be paid out of the General Fund of the city.

(b) Such special assessments may be paid in three parts or installments, each part being one-third of the assessment and one part to be due and collected each year at the same time as general real property taxes are due and payable with interest at 6% per annum. If the whole assessment is paid in full when the first installment is due, no interest shall be computed thereon. (Code 1967, § 3-301) (Ord. passed 9-12-55)

Sec. 99.31. Application by owners to construct sidewalk.

(a) Upon application of the owners of a majority of the property abutting which a walk is sought, the city council shall authorize construction of the walk providing funds are available, and the location of the walk appears advantageous to the city as a whole. (Code 1967, § 3-302)

(b) If the owners and occupants of lots and premises desire to build sidewalks in the public streets adjacent to and abutting upon such lots and premises, they may request permission therefore from the city council. The city council may grant the permission to construct a walk and shall have the right to prescribe the grade thereof, the manner of construction, and the materials to be used. If the council determines that the walk is beneficial to the city in general, the city council may, by resolution of two-thirds of all council members pay up to 25% of the cost of the walk. The reimbursement so made by the city shall be payable to the owners and occupants of lots and premises adjacent to and abutting upon the walks, upon proof being made of payment by the property owner, or occupant, verification of the cost of the material and labor, and verification that the construction meets city specifications. (Code 1967, § 3-311) (Ord. passed 9-12-55) § 99.32 FLUSHING CODE – STREETS AND SIDEWALKS

Sec. 99.32. Council proposal to construct sidewalk; hearing.

If upon its own initiative the city council proposes to construct a cement walk, notice of this intention shall be published for two weeks in a newspaper of general circulation in the city and provide for a time at which the city council will meet to hear objections from landowners against whom any part of the expense of the work will be taxed. If one-half of the landowners so affected do object, then a two-thirds vote of the council will be necessary to order construction of the proposed walk. (Code 1967, § 3-303) (Ord. passed 9-12-55)

Sec. 99.33. Assessment procedure; installment payments.

The city council shall direct the city assessor to assess 75% of the cost of initial construction of sidewalks and crosswalks in the public streets and alleys to be paid by the owners and occupants of lots and premises adjacent to and abutting upon the walks. These special assessments may be paid in three parts or installments, each part being one-third of the assessment, and one part to be due and collected each year at the same time as general real property taxes are due and payable with interest at 6% per annum. If the whole assessment is paid in full when the first installment is due, no interest shall be computed thereon. (Code 1967, § 3-304) (Ord. passed 9-12-55)

Sec. 99.34. City manager to keep account of costs.

The city manager shall keep an accurate account of the costs of constructing, repairing, widening, or relaying the sidewalk and shall make a statement containing a description of the lot or premises, the name of the owner or occupant thereof, and an account of the cost of the work done by him in constructing, repairing, widening, or relaying the sidewalk and shall file same with the city clerk. (Code 1967, § 3-306) (Ord. passed 9-12-55)

Sec. 99.35. Plans and specifications.

(a) All cement walks shall be built according to the plans and specifications furnished by the city council or its authorized representative. The city council or its authorized representative shall also determine upon which grade and line each sidewalk will be constructed. (Code 1967, § 3-305) (Ord. passed 9-12-55)

(b) All sidewalks shall be four inches thick, sloped one-fourth inch per foot towards the street. Where possible, the outside edge of all sidewalks shall be six inches above the curb.

GENERAL REGULATIONS – STREETS AND SIDEWALKS § 99.47

(c) Wherever a sidewalk encounters a curb, the curb shall be constructed or reconstructed to comply with state handicapped laws and shall be constructed in accordance with the detail as promulgated by the State Department of Highways and Transportation Standard Plan II – 28F, copies of which may be obtained at the office of the Building Inspector.

(d) Sections of sidewalk included in driveways shall be a minimum of six inches in thickness. (Ord. passed 5-12-75) Penalty, see § 99.99.

SIDEWALK REGULATIONS

Sec. 99.45. Maintenance of sidewalks by owners.

The owner or occupant of any lot or premises shall be required to maintain the sidewalk adjacent to and abutting upon his property, to keep the same in repair, and to remove and keep the same free from obstructions, encroachments, encumbrances, or other nuisances. If the owner or occupant fails to perform any of the above duties in respect to such a sidewalk within such time and such manner as the city council may require the council may cause the same to be done at the expense of the owner or occupant, and the council may cause the amount of all expenses incurred thereby, together with a penalty of 10% in addition thereto, to be reported of special assessors, to be levied by them as a special tax or assessment upon the lot or premises adjacent to and abutting upon such a sidewalk, which special assessment shall be subject to review after proper notice has been given as in all other cases of special assessments provided for; and such tax when confirmed shall be a lien upon the lot or premises the same as other special assessments and the same shall be collected in the same manner as other city taxes; or the city may collect the amount, together with the penalty aforesaid, from the owner or occupant of the premises in an action of assumpsit together with the costs of the suit. (Code 1967, § 3-312) (Ord. passed 9-12-55) Penalty, see § 99.99.

Sec. 99.46. Damaging sidewalks.

It shall be unlawful to damage or deface any sidewalk in the city both during and subsequent to the period of construction. (Code 1967, § 3-307) (Ord. passed 9-12-55) Penalty, see § 99.99.

Sec. 99.47. Ingress or egress.

It shall be unlawful to attempt ingress or egress from any premises by any vehicle over any sidewalk except upon the section of the walk which is designed for approaches of vehicles. (Code 1967, § 3-308) (Ord. passed 9-12-55) Penalty, see § 99.99.

§ 99.48 FLUSHING CODE – STREETS AND SIDEWALKS

Sec. 99.48. Clearing off sidewalk.

All persons owning or occupying any lot or part thereof fronting any street where sidewalks are or may be hereafter constructed shall clear off and remove all accumulated ice and snow, dirt, mud, or other debris as to expose the full surface thereof by 9:00 a.m. of each day. (Code 1967, § 3-309) (Ord. passed 9-12-55) Penalty, see § 99.99.

Sec. 99.49. Livestock on sidewalks.

No person shall ride or drive any livestock on any of the sidewalks in the city. (Code 1967, § 3-310) (Ord. passed 9-12-55) Penalty, see § 99.99.

DESIGN AND CONSTRUCTION OF STREETS AND ALLEYS

Sec. 99.55. Title.

This subchapter shall constitute and be known as the Street Specification subchapter of the city and may be cited as such. (Code 1967, § 3-502)

Sec. 99.56. Purpose.

The purpose of this subchapter is to adopt specifications covering the design and construction of streets and alleys in the city in such a manner as to promote the safety, health, and welfare of the people of the city. (Code 1967, § 3-501)

Sec. 99.57. Plans and specifications; preparation and format.

(a) Professional engineer. All plans and specifications submitted under these specifications shall bear the seal of a professional engineer registered as a civil engineer in the state.

(b) Submittal. Plans and specifications shall be submitted to the municipality in triplicate, plus a reproducible copy of each on polyester drafting film or tracing cloth. The municipality shall, after approval by its engineer, return one copy to the owner acknowledging acceptance thereof. Upon receipt of the approved set, construction of streets may begin, provided the plat has been fully approved, if applicable.

(c) Format of plans.

GENERAL REGULATIONS – STREETS AND SIDEWALKS § 99.58

(1) Content. The required plans shall include a cover sheet showing a plan view of the complete job and a split plan and profile sheets of all sections of the street. Only one type of improvement shall be shown on a particular sheet.

(2) Sheet size. Plans shall be prepared on sheets 24 by 36 inches or 22 by 34 inches.

(3) Scale.

a. Cover sheet. Scale for a cover sheet shall be not less than one inch equals 100 feet.

b. Profile sheets. Plan view scale shall be not less than one inch equals 30 feet. (Code 1967, § 3-503) Penalty, see § 99.99.

Sec. 99.58. Pavement types.

Streets and alleys to be built under this specification shall come under one of the following categories which may be cited as pavement types:

(a) Pavement width of 46 feet. All concrete with integral curb and gutter. Highway type thoroughfare for dense parking, heavy car traffic, and heavy volume of truck traffic.

(b) Pavement width of 40 feet. All concrete with integral curb and gutter. Dense parking, heavy car traffic, and medium volume of truck traffic.

(c) Pavement width of 33 feet. All concrete with integral curb and gutter. Dense parking, heavy car traffic, and light volume of truck traffic.

(d) Pavement width of 33 feet. Concrete curb and gutter with asphalt surface. Dense parking, medium car traffic, and no truck traffic.

(e) Pavement width of 27 feet. All concrete with integral curb and gutter. Concrete slab six inches thick. Light parking, medium car traffic, and medium volume of truck traffic.

(f) Pavement width of 27 feet. Concrete curb and gutter with asphalt surface. Light parking, light car traffic, and no truck traffic.

(g) Pavement width of 27 feet. All concrete with integral curb and gutter, concrete slab five inches thick. Light parking, light car traffic, and no truck traffic. § 99.58 FLUSHING CODE – STREETS AND SIDEWALKS

(h) Alleys. Width of 20 feet. Concrete curb and gutter with asphalt surface. Permanent service way providing secondary means of access to abutting properties. (Code 1967, § 3-504) Penalty, see § 99.99

Sec. 99.59. Specifications for pavement types.

(a) Following is a general description of the details of the various pavement types:

(1) Concrete curb and gutter with asphalt surface.

a. Curb and gutter.

b. Cross-section. The curb and gutter shall conform in cross-section with that specified by the County Road Commission including the two continuous one-half inch diameter reinforcing rods as shown in Appendix B, Figure 1 of this chapter.

c. Material. Concrete used in curb and gutter shall obtain a minimum strength of 3500 p.s.i. in 28 days. Cement used shall be air entraining with an air content of 5% plus or minus 1% by volume. Slump shall not be less than one inch nor more than four inches. Concrete not meeting these requirements shall be rejected.

d. Sub-base material. Sub-base material shall be a minimum of 12 inches of porous material, Grade A, in accordance with Section 7.02 of the Michigan State Highway Department (M.S.H.D.) specifications, and shall be properly drained with tile drain when required.

e. Base material. Base course material shall be according to Section 3.01 of the M.S.H.D. specifications spread at a minimum of six inches compacted. Aggregate shall be laid and compacted in two layers to a 95% modified Proctor with a pneumatic compactor weighing at least ten tons. Calcium chloride (38% solution) shall be applied to each layer at the rate of two gallons per ton of base course.

f. Alternate construction. In lieu of 12 inches of porous material as indicated in Section 6.1.2 of the M.S.H.D. specifications, an additional six inches of base material as specified in Section 6.1.3 of the M.S.H.D. specifications, may be substituted, thereby yielding a total of 12 inches of compacted base material laid in four courses.

g. Prime coat. The prime coat shall be MC-O as designated by M.S.H.D. specifications, or approved equal, applied at a minimum rate of 0.30 gallons per square yard.

GENERAL REGULATIONS – STREETS AND SIDEWALKS § 99.60

h. Bituminous aggregate surface. The bituminous aggregate surface course shall be a batch plant mix according to Section 4.11 of the M.S.H.D. specifications as modified by the County Road Commission. The material shall be laid at a rate of 250 pounds per square yard and shall be applied in two courses.

(2) All concrete surface with integral curb and gutter.

a. Pavement cross-section. The various width pavements shall be built in accordance with the cross-sections shown in Appendix B Figure 1 of this chapter. Minor changes in detail may be used upon approval of the Superintendent of Public Works.

b. Jointing and reinforcing details. The owner’s engineer shall submit details of jointing and reinforcing for the approval of the Superintendent of Public Works. In general, details shall be in accordance with The Design of Concrete Pavement for City Streets as published by the Portland Cement Association.

c. Material. Concrete used shall obtain a minimum strength of 3500 p.s.i. in 28 days. Cement used shall be air entraining with an air content of 5% plus or minus 1% by volume. Slump shall not be less than one inch nor more than four inches. Concrete not meeting these requirements shall be rejected.

d. Base material. Two to three inches of compacted sand shall be placed on the subgrade.

(b) Items not specifically covered shall be in conformance with County Road Commission specifications. Each stage of construction shall be approved by the Superintendent of Public Works before proceeding to the next stage. Construction details shall be as shown in Appendix B Figure 1 of this chapter. (Code 1967, § 3-506)

Sec. 99.60. Street design.

All streets and alleys shall be designed in accordance with modern engineering practices and shall conform with the following requirements.

(a) Street width. The streets shall be designed according to the widths specified on the approved preliminary or proposed plat if applicable. Pavement widths shall be measured from the back of the curb on one side of the street to the back of the curb on the opposite side of the street.

§ 99.60 FLUSHING CODE – STREETS AND SIDEWALKS

(b) Sight distance. The non-passing sight distance over a crest shall be a minimum of 200 feet viewed from a point four feet six inches above the surface of the finish grade with the object sighted being four inches high.

(c) Grades.

(1) Maximum grade. The maximum grade shall not exceed 6% or a rise or fall of six feet in 100 feet.

(2) Minimum grade. The minimum grade shall not be less than 0.40% or a rise or fall of 0.4 feet in 100 feet.

(d) Intersection of streets. All streets intersecting new or existing streets shall do so at right angles with a minimum straight-away of 120 feet measured from the centerline of the intersected street.

(e) Horizontal curves. All horizontal curves on streets shall have a minimum radius of 180 feet as measured from the centerline for all pavement types except (A), (B) and (C), which shall have a minimum radius of 250 feet.

(f) Radius of curb returns.

(1) The minimum radius of curb returns for alleys and for streets 27 feet wide shall be 20 feet measured from the back of the curb.

(2) The minimum radius of curb returns for streets 33 feet wide or wider shall be 30 feet except in special cases where a larger radius may be required.

(3) Where streets of different widths intersect, the radius of curb returns for the wider street shall prevail.

(g) Street jogs. Street jogs with centerline offsets of less than 125 feet are prohibited.

(h) Vertical curves. All changes in grade shall be accomplished by means of a parabolic curve. (Code 1967, § 3-505) Penalty, see § 99.99

Sec. 99.61. Cleanup.

Upon completion of pavement, the contractor shall clean up the area between the back of the curbs and the right-of-way line. No irregularity shall exist greater than 0.1 foot above or below the lines shown on the cross-section. (Code 1967, § 3-507) Penalty, see § 99.99.

GENERAL REGULATIONS – STREETS AND SIDEWALKS § 99.64

Sec. 99.62. Substandard work.

(a) Asphalt surfacing. When asphalt surfaces do not meet these specifications, the material, including base and sub-base material where applicable, shall be removed and replaced with material meeting these specifications. All repair work shall be at the contractor’s expense.

(b) Concrete work. When any section of the concrete work fails to meet the requirements of these specifications, the concrete shall be removed and replaced with material meeting these specifications. All such work shall be at the contractor’s expense. (Code 1967, § 3-509) Penalty, see § 99.99.

Sec. 99.63. Final inspection.

When the construction is completed, the city engineer shall make a final inspection before issuing a letter stating that the streets and grading have been completed in accordance with plans and specifications. (Code 1967, § 3-508)

Section 99.64. Prohibited Acts.

(a) No person shall make any excavation on any public right-of-way or cause any damage to any street, sidewalk or drainage course in the City except on the conditions and in the manner permitted in this Ordinance.

(b) No person shall place anything that constitutes an obstruction within any right-of-way except as provided herein.

(c) Dirt, sand, gravel, clay or any type of soil shall not be deposited or allowed to run onto any roadway, sidewalk or public right-of-way, including ditches, drainage courses or gutters.

(d) Building materials of any kind or nature, or debris from any building operation, shall not be moved into or deposited onto any public right-of-way.

(e) No person, including the owner or contractor, retained by said owner, shall allow the tracking of building materials, debris or sediment onto the public right-of-way.

(f) No person shall place items for sale in the public right-of-way except by permit. (Am. Ord. 99, passed 9-10-07)

§ 99.64 FLUSHING CODE – STREETS AND SIDEWALKS

(g) Definitions.

(1) Building material means sand, gravel, stone, brick, block, concrete, dimensional lumber, steel, glass or all other similar materials utilized in residential and/or commercial construction.

(2) Prohibited materials means all materials such as, but not limited to construction debris, broken concrete, rocks, tree limbs and excess dirt.

(3) Right-of-way means an area dedicated to public use, whether improved or unimproved, which may comprise streets, road shoulders, curb and gutters, ditches, sidewalks, parking areas, lawn and public or private utilities. This definition shall include private road easements.

(4) Tracking includes but is not limited to the blowing of materials upon the public right-of-way from construction sites or the flow of dirt or soil caused by erosion or sedimentation being removed from its site on private property to the public right-of-way by actions of wind, water or gravity, or a combination thereof. (Ord. No. 99, 1-28-02)

(1) Utility transmission items include all public utility, wire, cable, or transmission devices laid on, above, or under the surface of the ground, and including, but not limited to, telecommunication services, video services, cable services, fiber networks, electric, gas or any other public utility services and any utility boxes connected thereto. (Am. Ord. 99, passed 9-10-07)

Section 99.65. Permits and Deposits.

(a) It shall be illegal to commence any work in the right-of-way prior to the issuance of a permit by the City.

1. Application shall be made to the Department of Public Works for excavation or grading of soil, for installation or replacement of utility transmission items, sidewalk, driveway, telephone, electric, cable television, cable services, video services, and/or water, utilities, culvert and ditch.

2. Plans and specifications are a required part of the process.

3. The City Council shall by resolution establish appropriate permit and inspection fees.

4. Such permits shall be revoked for failure to comply with any section of the Code or pertinent sections of Chapter 99, Streets and Sidewalks. A permit shall be valid only for the time specified.

GENERAL REGULATIONS – STREETS AND SIDEWALKS § 99.65

5. A person providing utility or transmission services or materials is using the public right-of-way for purposes of this ordinance, whether such person owns the facilities in the public right-of-way outright or obtains use of, or access to the facilities from a third party under lease, contract, interconnection, or other similar arrangement.

6. The application shall be made on an application form provided by the City with three copies of the application and associated documents being filed with the Department of Public Works and a copy of which will be separately delivered to the Flushing City Manager.

7. A map setting forth the specific location of the facilities in the public right-of- way shall be included with the application which shall identify the location of above ground and under ground facilities with an exact description of the service area footprint to be served. (Am. Ord. 99, passed 9-10-07)

(b) Application for a permit under the provisions of this ordinance shall be deemed an agreement by the applicant to promptly complete the work permitted, observe all pertinent laws and regulations of the City in connection therewith, repair all damage done to the street surface and installations on, over or within such public right-of- way, street or sidewalk, including trees, and protect and save harmless the City from all damages or actions at law that may arise or may be brought on account of injury to persons or property resulting from the work done under the permit or in connection therewith. A refundable deposit shall be required with any permit required under this Article and at the time of requesting building permits for work outside of the public right-of-way. Such deposits shall be used to defray any and all expenses incurred by the City arising out of the granting of the permit and work done under the permit, including all work necessary to clean and remove debris or prohibited materials from the public right-of-way. Such deposit may be in the form of cash, certified check, irrevocable bank letter of credit, or a surety bond approved by the City Manager, in an amount sufficient to assure the enforcement of this Code. Said deposit, except for an inspection fee to be set by Resolution, shall be refunded by the City of Flushing should no enforcement action be required by the City. Should, however, enforcement action be required, then those costs shall be deducted from the deposit and the balance returned to the applicant. The amount of such deposit shall be established by resolution of the Council. Costs incurred in excess of the deposit shall be billed to the property owner. (Am. Ord. 99, passed 9-10-07)

(c) When a permit under this Article is issued to someone other than a single-family owner occupant, proof of liability insurance shall be required at the time of application. The policy amount shall be equal to or greater than the amounts established by resolution of the Council. A certificate of insurance coverage, naming the City as an additional insured, will be filed with the City Clerk prior to the issuance of a permit to work within the right-of-way. § 99.65 FLUSHING CODE – STREETS AND SIDEWALKS

(d) Each applicant shall be notified that persons receiving a permit under this Ordinance shall be informed that this Ordinance is more restrictive than rules that may be promulgated under the Soil Erosion and Sedimentation Control Act of the State of Michigan.

(e) Pre-construction meetings will be scheduled when deemed necessary by the City of Flushing prior to the commencement of excavation, cutting or construction within a right-of-way. (Ord. No. 99, 1-28-02)

(f) The Department of Public Works may impose conditions upon a permit to protect the public health, safety and welfare. The City Manager may grant modifications to the requirements of this ordinance, if requested, where there are exceptional or extraordinary circumstances, which warrant such modification, so long as it is not detrimental to the public welfare and will not impair the purposes of this ordinance.

(g) The applicant shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone fixture, water hydrant or main or other utility’s transmission items.

(h) All cable and wire shall be installed, where possible, parallel with the electric and telephone lines, and multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations.

(i) Utility cabinets used to shelter telecommunication equipment or hardware shall be located and installed so that they do not create an obstacle in the right-of-way, do not block a driver’s view of the street or sidewalk, do not create an attractive nuisance to children, do not interfere with essential services and do not detract from the streetscape, so as to protect property owners’ rights to attractive, well-maintained public spaces and rights-of-way, while insuring that the legitimate needs of utility companies are met. Utility cabinets are only to be installed at the locations designated on the utility cabinet location map approved by the Department of Public Works and on file with that department. All utility cabinets shall clearly display on the front of the cabinet, the owner of the cabinet and the equipment inside, and an emergency telephone number on a plaque or sign no larger than 4” x 6”. (Am. Ord. 99, passed 9-10-07)

Section 99.66. Notice; Stop Work Order.

(a) If the City enforcement officer responsible for enforcing this Code determines that there may be a violation of this Code, said officer may seek to enforce this Code by notifying the person who owns the land and/or a contractor hired by the owner, of their determination. The notice shall contain a description of the violation and what must be done to remedy the violation and shall specify a time period within which to comply. Within 24-hours a person who owns land from which the prohibited material emanated, or a contractor hired by said owner, shall implement compliance with this Code to clean and remove such materials or sediment from the public right-of-way.

(i) The building contractor shall be held prima facie responsible for the existence of any prohibited materials upon the public right-of-way within the area of the roadside or street or sidewalk in front of the lot upon which the building contractor is conducting his or her operation.

(ii) The owner shall also be held responsible for the existence of any prohibited materials upon the public right-of-way as herein provided.

(iii)Notice of such alleged violation may be posted on or in the structure being built upon the land from which the materials emanated or nailing such notice to a stake placed in the ground in a conspicuous position.

(b) If, within 24 hours of the notice being posted, the prohibited materials are not removed from the public right-of-way and the public right-of-way is not restored to its prior condition, the city enforcement officer shall post a stop work order on the building or premises, which will prohibit any further building operation being conducted.

If the prohibited materials are removed within 24 hours of posting and the public right-of-way is restored to its prior condition, the city enforcement officer shall authorize a withdrawal of the notice of violation and shall authorize a withdrawal of the stop work order.

Failure to remove the prohibited material and repairing the public right-of-way to its previous condition, within 24 hours of posting, shall cause the owner or contractor to be guilty of a violation of this ordinance. In such event, the stop work order shall continue in effect and all building operations shall be prohibited until the violation is corrected. (Ord. No. 99, 1-28-02)

Section 99.67. Clean Up and Removal Lien.

(a) The property owner or permit holder or contractor retained by said owner shall be responsible for daily clean-up and removal of all materials tracked onto the public right-of-way.

(b) Prohibited materials and damages in the public right-of-way may be repaired, removed and excavations refilled by the City should the owner or contractor fail to remedy the alleged violation within the time period specified in the Notice. The expense of such removal, repair or refilling shall be charged to the abutting landowner, permit holders, or contractor as herein provided. No additional GENERAL REGULATIONS – STREETS AND SIDEWALKS § 99.72

inspections will be approved on the premises until such charges have been paid in full.

(c) The City of Flushing shall have a lien for expenses and incurred in removing the prohibited materials and restoring the public right-of-way to its prior condition. A lien for such expenses shall have priority over all liens and encumbrances filed or recorded after the date of such expenditure. The lien for such expenses shall be collected and treated in the same manner as provided for property tax liens under the general property tax act, MCL 211.1 to 211.157. (Ord. No. 99, 1-28-02)

Section 99.68. Inspections and Enforcement; Civil Infraction.

(a) The building official or director of the Department of Public works is hereby charged with the inspections and enforcement under this Code and it shall be that official’s duty to enforce this Code.

(b) A person who violates this ordinance by failing to comply with a notice posted within 24 hours, is responsible for a civil infraction and may be ordered to pay a fine of not more than $2,500.00. (Ord. No. 99, 1-28-02)

TREES

Sec. 99.70. Title.

This subchapter shall be known and may be cited as the Tree Subchapter of the city. (Code 1967, § 3-601) (Ord. passed 4-26-71)

Sec. 99.71. Authority of city forester.

(a) The City Manager or his designee shall act in the capacity of City Forester and shall exercise the powers and duties prescribed in this subchapter. (Code 1967, § 3-602)

(b) The City Forester shall have the jurisdiction and supervision over all trees, other plants, and grassy areas planted or growing in public places.

(1) Preserve or remove. The City Forester shall have the authority to plant, trim, spray, preserve, and remove trees, other plants, and grassy areas in public places to ensure safety or preserve the symmetry and beauty of these public places.

(2) Order to preserve or remove. The City Forester shall have the authority to order the trimming, preservation, or removal of trees or plants upon private property when he shall find this action necessary to public safety or to prevent the spread of disease or insects to public trees and places.

§ 99.71 FLUSHING CODE – STREETS AND SIDEWALKS

(3) Supervision. The City Forester shall have the authority to supervise all work done under a permit issued in accordance with the terms of this subchapter.

(4) Issuance of conditional permit. The City Forester shall have the authority to affix reasonable conditions to the grant of a permit hereunder. (Code 1967, § 3-603) (Ord. passed 4-26-71)

Sec. 99.72. Permit required for planting or altering tree; standards for issuance.

No person shall plant, set out, trim, spray, preserve, or remove trees, other plants, and grassy areas in public places without first filing an application and procuring a permit from the City Forester.

(a) Application data. The application required herein shall state the number and kind of trees to be planted, set out, trimmed, sprayed, preserved, or removed; the kind of treatment to be administered; the kind and condition of nearest trees upon the adjoining property; and such other information as the City Forester shall find reasonably necessary to a fair determination of whether a permit should issue hereunder.

(b) Standards for issuance. The City Forester shall issue the permit provided for herein when he finds that the desired action or treatment is necessary and that the proposed method and workmanship are satisfactory and the ordinances and specifications of the city are complied with.

(c) Species. The City Forester may specify size and species of tree or plant to be planted or set out, as set forth in the Flushing Zoning Ordinance, Sec. 153.800, et seq. (Code 1967, § 3-604) (Ord. passed 4-26-71) Penalty, see § 99.99. (Am. Ord. 99, passed 8-11-08)

Sec. 99.73. Duties of private owners.

(a) It shall be the duty of any person growing a tree or plant within a public right-of-way or responsible for trees or plants growing on property abutting public places to:

(1) Trim his trees so as not to cause a hazard to public places or interfere with the proper lighting of public streets, alleys, or thoroughfares by the streetlights, and so that the minimum clearance of any overhanging portion above a public thoroughfare used for vehicular traffic shall be 12 feet. Minimum clearance above sidewalks shall be seven feet.

(2) Treat or remove any tree or plant so diseased or insect-ridden as to constitute a hazard to trees or plants in public places.

GENERAL REGULATIONS – STREETS AND SIDEWALKS § 99.77

(b) It shall be the duty of any private owner to trim, preserve, or remove trees or plants upon private property when this action is necessary to public safety or to prevent the spread of disease or insects to public trees and places. (Code 1967, § 3-605) (Ord. passed 4-26-71) Penalty, see § 99.99.

Sec. 99.74. Corner clearance.

No tree, shrub, hedge, or other planting more than three feet in height shall be planted, placed, or maintained on a corner lot within the triangular area formed by the nearest intersecting street lines and a straight line joining the street lines at points which are 30 feet distances from the point of intersection, measured along the street lines. (Code 1967, § 3-606) (Ord. passed 4-26-71) Penalty, see § 99.99

Sec. 99.75. Trees at sewer connection.

No person shall plant or maintain any tree other than one of those varieties approved by the City Forester in accordance with city specifications within 20 feet of any sewer connection. (Code 1967, § 3-607) (Ord. passed 4-26-71) Penalty, see § 99.99.

Sec. 99.76. Abuse or mutilation of trees or plants in public places.

No person shall do any of the following acts to any of the trees or plants in public places:

(a) Damage, cut, carve, transplant, or remove any tree or plant or injure the bark;

(b) Pick the flowers or seeds of any tree or plant;

(c) Attach any rope, wire, sign, or other contrivance to any tree or plant;

(d) Dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area; or

(e) Cause or permit any wire charged with electricity to come in contact with any tree or plant or allow any gaseous, liquid, or solid substance which is harmful to such trees or plants to come in contact with them. (Code 1967, § 3-609) (Ord. passed 4-26-71) Penalty, see § 99.99.

Sec. 99.77. Procedure to preserve or remove tree.

When the City Forester shall find it necessary to order the trimming, preservation, or removal of trees or plants upon private property as authorized in §99.71 (b)(2), he shall serve a written order to correct the dangerous condition upon the owner, operator, occupant, or other person responsible for its existence.

(a) Method of service. The order required herein shall be served by:

§ 99.77 FLUSHING CODE – STREETS AND SIDEWALKS

(1) Making personal delivery of the order to the person responsible;

(2) Leaving the order with some person of suitable age and discretion upon the premises;

(3) Affixing a copy of the order to the door at the entrance of the premises in violation.

(4) Mailing a copy of the order to the last known address of the owner of the premises, by registered mail; or

(5) Publishing a copy of the order in a local paper once a week, for three successive weeks.

(b) Time for compliance. The order required herein shall set forth a time limit for compliance, dependent upon the hazard and danger created by the violation. In cases of extreme danger to persons or public property, the City Forester shall have the authority to require compliance immediately upon service of the order.

(c) Appeal from order. A person to whom an order hereunder is directed shall have the right, within three days of the service of the order, to appeal to the Zoning Board of Appeals, who shall review the same in accordance with the city code. Unless the order is revoked or modified it shall remain in full force and be obeyed by the person to whom directed. No person to whom an order is directed shall fail to comply with the order within five days after an appeal shall have been determined.

(d) Failure to comply. When a person to whom an order is directed shall fail to comply within the specified time, the City Forester shall remedy the condition or contract with others for this purpose and charge the cost thereof to the person to whom the order is directed. The person remedying a condition under a contract made hereunder shall be authorized to enter premises for that purpose.

(e) Assessment. If the cost of remedying a condition is not paid within 30 days after receipt of a statement therefore from the City Forester, the cost shall be levied against the property upon which the hazard exists, as an assessment. The levying of this assessment shall not affect the liability of the person to whom the order is directed to fine and imprisonment as provided by the city code. The assessment shall be certified by the City Forester to the City Treasurer and shall thereupon become and be a lien upon the property, shall be included in the next tax bill rendered to the owner or owners thereof unless paid before, and shall be collected in the same manner as other taxes against the property. (Code 1967, § 3-608) (Ord. passed 4-26-71) Penalty, see §99.99.

GENERAL REGULATIONS – STREETS AND SIDEWALKS § 99.78

Sec. 99.78. Guide for selection and planting of trees.

(a) In order to maintain an aesthetically desirable environment and enhance the charm of the community, trees must be selected carefully, then watched over until they become established. The regulations that follow are intended to act as a guide in the selection, planting, and care of shade and ornamental trees and shrubs in the city.

(b) The following varieties of trees, and respective planting locations along city streets are hereby prescribed by the City Forester:

(1) Large trees. Minimum width of parkway, six feet. Minimum spacing of trees, 55 feet.

Scarlet oak - Quercus coccinea Pin oak - Quercus palustris Red oak - Quercus borealis White oak - Quercus alba Bur oak - Quercus macrocarpa Black oak - Quercus velutina Thornless honeylocust - Gleditsia shadmaster or skyline Male Gingko - Ginkgo biloba Sweet gum - Liquidambar styrociflua London plane - Acer pseudoplatanus Sugar maple - Acer saccharophorum Red maple - Acer rubrum Norway maple - Acer platanoides

(2) Medium trees. Minimum width of parkway, four feet. Minimum spacing of trees, 40 feet. Littleleaf linden - Tilia Americana Mountain ash - Sorbus aucuparia Hedge maple - Acer palmatum English oak - Quercus robur

(3) Small trees. Minimum width of parkway, four feet. Minimum spacing, 30 feet (columnar trees to 20 feet). American hornbeam - Carpinus caroliniana Hornbeam - Carpinus b. fastigiata Washington hawthorn - Crataegus cordata Kwanzan cherry - Prunus serrulata kwanzan Amur maple - Acer ginnala Crabapple - Malus zumi calacarpi

(c) Planting approval.

§ 99.78 FLUSHING CODE – STREETS AND SIDEWALKS

(1) No person shall plant any shade or ornamental tree, plant, or shrub in any public highway or park until the City Forester has approved the kind, size, variety, and designated location.

(2) When planted, the minimum size of prescribed varieties shall have a diameter caliper of at least one and one-half inches measured at a distance of six inches above the ground level.

(d) Undesirable trees. The following trees are hereby declared unfit for planting on or near city streets and are prohibited:

(1) Ailanthur.

(2) American sycamore.

(3) Boxelder.

(4) Elms – all species.

(5) Poplars.

(6) Aspens.

(7) Silver maple.

(8) Willows.

(e) Nuisances declared. The following varieties of trees shall be considered a nuisance and are hereby prohibited from future planting on all lands within the city:

(1) American elms.

(2) Box elders.

(f) New subdivisions. As prescribed by the subdivision regulations, one tree shall be planted on each newly platted lot in conformity with the aforementioned approved varieties and planting locations. Planting of these trees should not, however, be accomplished until curb and sidewalk are in place and the final grading of lawns and parkways has been completed. The city may require a bond to ensure proper compliance with this section.

(g) Planned developments. The city reserves the right to review and approve the planting varieties and locations for trees and shrubs as may be required for screening and placement along public streets in lieu of compliance with tree planting in new subdivisions.

GENERAL REGULATIONS – STREETS AND SIDEWALKS § 99.99

(h) Tree ordinance regulations. All provisions of § 152.48 shall apply herein and all provisions of Chapter 153 in conflict herein shall control, including, but not limited to, Section 153.109(K) and (L); and, 153.801, et seq. (Ord. passed 5-24-71) Penalty, see § 99.99. (Am. Ord. 99, passed 8-11-08)

Sec. 99.99. Penalty.

Any person, firm, or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed $500, or by imprisonment not to exceed 90 days, or both such fine and imprisonment in the discretion of the court. Each day that a violation is permitted to exist shall constitute a separate offense. (Code 1967, § 3-510) APPENDIX A: PERMIT TO OCCUPY RIGHT-OF-WAY

Permission to occupy the public right-of-way is hereby requested by on property known as to install a to be located under the following conditions:

It is recognized by the undersigned that said permission is granted to occupy the right-of- way with the knowledge that should said structure which shall occupy the right-of-way need to be replaced for any public purpose, such as but not limited to the installation or maintenance of any public utilities, tree trimming, sidewalk installation, road widening, or other public reason, that said structure shall be removed or relocated at the total expense of the property owner and that the City shall not be held responsible or liable for the costs of removal or relocation of the same;

It is further understood that should it be deemed necessary for public safety purposes to relocate or remove said structure from the right-of-way that this shall be done promptly upon notice from the City completely at the expense of the property owner;

Be it further understood that if for any reason said structure becomes damaged as a result of routine public functions and activities for which no negligence can be demonstrated that the City shall not be held responsible for restoration of said property;

Finally, be it understood that the city shall not be liable for any extenuating circumstance that should require removal of the structure in the right-of-way and not heretofore covered.

Property Owner Property Owner

Building Inspector Date of Issuance

Approval By City Council .

(Ord. passed 10-14-75) APPENDIX B: PAVEMENT TYPES

Section 1. Street specifications; figure 1

Sec. 1. Street specifications; figure 1.