Fiscal Note
No appropriation is required. The additional administrative responsibilities can likely be absorbed with existing staff resources.
Title
Amending Section 10.25 of the Madison General Ordinances to create a terrace planting ordinance.
Body
DRAFTER'S ANALYSIS: This ordinance amends Sec. 10.25 to create new terrace planting provisions that would generally allow residential property owners or occupants to plant non-woody plantings within the terrace right-of-way adjacent to their property. Plantings that are made consistent with the new provisions are an exception to the existing 24-inch height rule for plantings set forth in sub. (3) of this section. As part of the new provisions, certain landscaping features are expressly allowed, although the existing privilege in streets laws set forth in Sec. 10.31 and Wis. Stat. ยง 66.0425, remain in force. Pursuant to these changes, the City Engineer, in consultation with the Food and Alcohol Policy Coordinator, will draft a terrace treatment policy that will dictate where on terraces plantings may occur and landscaping features may be placed, and set forth any other height or safety related restrictions. This policy will be formally adopted by the Board of Public Works, after consultation with the Food Policy Council. Once adopted, the terrace treatment policy will be enforceable, thereby replacing an informal policy of the City Engineering Division from 1995. This ordinance further makes it clear that anyone planting in the terrace does so at their own risk and, while the City will attempt to give notice before conducting any work that may disturb such plantings, the City may remove the plantings at any time without compensation. Finally, enforcement authority over this ordinance, which already lies with the Building Inspection Division, will also be granted to the City Engineering Division.
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The Common Council of the Ci...
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