Athens City Code

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Contents14-165 Street Yard Requirements

14-165 Street Yard Requirements

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(1) Intent. The intent of this section is to add quality and definition to the street by planting trees within a landscaped area along the edges of the right-of-way.
(2) Dimensions. Except for points of access, a street yard shall be provided where the proposed development site adjoins the public street right-of-way. Alleys are exempt from this requirement. The street yard shall have a minimum depth of eight feet as measured from the edge of the public street right-of-way towards the interior of the property. The yard shall consist of sod grass or other natural living ground cover material. No impervious surfaces are permitted in the street yard area. If the area between the street right-of-way and/or property line and the edge of pavement or back of curb is disturbed, that area shall be restored to the original condition prior to disturbance.
(3) Plantings. Trees shall be planted within the street yard at a minimum ratio of one tree per 35 linear feet of right-of-way frontage. Trees do not have to be evenly spaced in 35-foot increments. Fractions of trees shall be rounded up to the nearest whole number. The minimum spacing between trees is 15 feet measured trunk to trunk. The maximum spacing is 50 feet measured trunk to trunk. The trees referred to in this section shall have a minimum expected maturity height of at least 25 feet and should be of a species common to southeast Tennessee.
(4) Existing woodlands. Existing woodlands along the street right-of-way frontage can be substituted for the street yard requirements subject to the following:
1. (a) Existing woodlands to be set aside shall have a minimum depth of 25 feet as measured from the public street right-of-way;
2. (b) Number of woodland trees (not including prohibited trees) having a minimum caliper of six inches shall equal or exceed the minimum street tree planting ratio of one tree per 35 linear feet;
3. (c) No impervious surfaces are permitted within the protected woodlands area except for approved access points to the site or as a part of the stormwater plan; and
4. (d) No cutting/filling activities or storage of materials/equipment are permitted within the protected woodlands.
(5) Exemptions/special situations. Properties adjoining rights-of-way that encroach into established parking areas more than 20 feet have the following street yard options:
1. (a) Plant street trees within the right-of-way, provided written permission is obtained from the owner of the public right-of-way;
2. (b) If permission cannot be obtained to plant in the right-of-way, no street yard will be required. However, the street trees will be relocated somewhere within the site in an area highly visible from the street. These trees cannot be used to meet requirements in other sections. Existing street trees planted within the right-of-way (not including the center median or opposite side of the street) can be used to meet the street yard requirements. Where overhead powerlines encroach into the street yard, smaller shade trees may be substituted for larger shade trees. Stormwater facilities may be located within the street yard, subject to the following conditions:
  1. (i) Trees and other living organic materials can be planted along the stormwater facility; however, the facility must be maintained in accordance with the stormwater management policy;
  2. (ii) The stormwater facility must meet all requirements of the city. With the written approval of the right-of-way owner, portions of the public right-of-way may be used to meet the street yard requirements.