Midway City Zoning Code

Midway City recognizes that a program focused on planting, preserving, replacing and maintaining trees is essential in preserving the environment, character, and aesthetic appearance of Midway. Midway values the critical ecological importance of trees in enhancing the livability of Midway by improving its air quality, providing shade and protection from heat, reducing noise pollution, limiting soil erosion and storm water run-off, and enhancing wildlife habitat.

1. Based on perceived need or when requested by the City Council, the Parks, Trails, and Trees Advisory Committee shall develop and recommend a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets, and in other public areas.
2. The Parks, Trails, and Trees Advisory Committee shall be responsible for developing an active tree inventory of street and park trees based on perceived need or when requested by the City Council.
3. The Parks, Trails, and Trees Advisory Committee, when requested by the City Council, shall consider, investigate, report, and make findings and recommendations upon any special matter or question coming within the scope of its work.
4. The Parks, Trails, and Trees Advisory Committee shall periodically review this Chapter and recommend updates and revisions to the City Council.

1. The Parks, Trails, and Trees Advisory Committee maintains a list of trees that may be planted near trails. The trees listed are approved to be planted along trails with the following requirements:
   1. Smaller trees may be planted ten feet (10’) away from any public trail or private trail with a public trail easement. Typical spacing should be twenty feet (20’) apart.
   2. Medium trees are not to be planted under power lines. Medium trees may be planted twenty feet (20’) away from any public trail or private trail with a public trail easement. Typical spacing should be thirty feet (30’) apart.
   3. All other trees shall be planted thirty feet (30’) from any public trail or private trail with a public trail easement.
   4. Any other trees may be proposed but only after review and approval of the Parks, Trails, and Trees Advisory Committee.

1. The City shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs within the lines of all streets, public trails, alleys, avenues, lanes, squares, and public grounds, as may be necessary to ensure public safety.
2. Citizens/property owners, occupants, and their agents shall have the following responsibilities for the protection of trees in park strips and rights-of-way abutting their real property, except in those areas which are maintained by the City.
   1. Periodic watering, fertilization, and pruning of street trees as necessary to maintain good health and vigor;
   2. Protecting street trees from damage caused by lawn mowers, weed trimmers, snow blowers, and similar equipment;
   3. Protecting street trees from damage caused by attachment of any items such as signs, nails, wires, ropes, and chains;
   4. Planting a tree in a park strip or public right-of-way is a privilege and any tree planted in this area shall be maintained according to City standards;
   5. Maintaining ground covers, except in those park strips maintained by the City;
   6. Notifying the City of any hazard tree or hazard created by a tree;
   7. Raking, cleaning up, and properly disposing of leaves that fall from street trees and private trees, so leaf fall does not impede the storm water system.

(2020-19, Chapter Added, eff. 2/24/2021)