Ordinance - 1997 - 300 - Amend Title 6/Parks Committee - 09/09/1997ORDINANCE #300
PARKS COMMITTEE
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING EAGLE CITY CODE,
TITLE 6 "PUBLIC WAYS AND PROPERTY" TO ADD CHAPTER 7 "PARKS COMMITTEE",
SECTION 1 "CREATION AND PURPOSE OF PARKS COMMI I"1'hE", SECTION 2 "DUTIES",
SECTION 3 "EXPENDITURES", SECTION 4 "REGULATION", SECTION 5 "TREE PLANTING",
SECTION 6 "REMOVAL OF TREES", SECTION 7 "REMOVAL OF TRAFFIC HAZARDS", SECTION
8 "PRUNING", SECTION 9 "INJURIOUS PESTS OR DISEASES", SECTION 10 "ACTION BY CITY",
SECTION 11 "AUTHORITY OF THE CITY", SECTION 12 "APPEAL", SECTION 13 "SCHEDULE OF
FEES, CHARGES AND EXPENSES', AND SECTION 14 "PENALTIES".
WHEREAS, The City of Eagle proposes to amend Eagle City Code, Title 6 "Public Ways And Property" to
add Chapter 7 "Parks Committee", Sections 1 through 14, providing for the creation of a Parks
Committee, establishment of purpose and duties related to regulations for trees and plantings,
establishment of action by the City, and establishment of an appeal process and penalties for non-
compliance.
THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE,
IDAHO, as follows:
Section 1: Eagle City Code is amended to add the text below (excluding strike-thru text). The text below
was previously within Eagle City Code with the exception of the strike-thru text which shall be deleted and
the underlined text which shall be added:
6-7-1: Creation and Purpose of Parks Committee
6-7-2: Duties
6-7-3: Expenditures
6-7-4: Regulation
6-7-5: Tree Planting
6-7-6: Removal of Trees
6-7-7: Removal of Traffic Hazards
6-7-8: Pruning
6-7-9: Injurious Pests or Diseases
6-7-10: Action by City
6-7-11: Authority of the City
6-7-12: Appeal
6-7-13: Schedule of Fees, Charges and Expenses
6-7-14: Penalties
6-7-1: CREATION AND PURPOSE OF PARKS COMMITTEE: The City hereby establishes and
creates a committee which shall be called the Parks Committee. The committee shall follow the guidelines
of the "The Eagle Tree Plan" in the 1992 Eagle Comprehensive Plan as well as the reeulations stinulated
herein.
The purpose of the Committee is to carry out the parks program, as constituted by the duties of the
Committee set forth in this Chapter, within the City. The Committee shall serve under the direction and
supervision of the City Council and shall consist of a minimum of five (5) members: one member shall be
the Planning and Zoning Administrator, one member shall be a parks maintenance worker, one member
shall be a Council member, and one or more members shall be at large.
In lieu of annointine a Parks Committee the Council may direct the Desien Review Board to act as the
Parks Committee. For the purpose of this Chanter. if the Desien Review Board is directed to act as the
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Parks Committee. wherever "Parks Committee" is referred to "Desien Review Board" shall annly and
where "Committee" is used "Board" shall annly.
A. The Parks Committee shall have the following duties:
1. The Committee shall review and approve or reject all landscaping applications required to be
submitted by this Chapter for the development of parks and landscaped areas and planting of street
trees, and shall oversee such development and planting, for the welfare of trees, shrubs and other
vegetation, in and upon public rights of way, public lands, entrances to subdivisions and commercial
district property within the City.
2. The Committee shall supervise the planting, spraying, pruning and maintenance of trees and shrubs in
and upon public right of way, public lands, entrances to subdivisions and commercial and industrial
district property within the City.
3. The Committee shall take measures to assure preservation or removal of trees and shrubs to ensure the
symmetry and beauty of landscaping in and upon public rights of way, public lands, entrances to
subdivisions and commercial district property within the City.
4. The Committee shall seek to preserve any trees or areas of trees within the City determined by the
Committee to have be of sienificant value or of historical significance. A study shall be initiated by
the Committee to list such trees or areas of trees, which list shall be known as the City Tree Inventory
List.
5. The Committee shall require the pruning, spraying or removal of trees and shrubs upon private
property upon finding such action is necessary to prevent the spread of injurious pests or disease to
trees and shrubs in and upon public right of ways public lands, entrances to subdivisions and
commercial district property within the City.
6. The Committee shall prepare a street tree list consisting of acceptable trees for planting in and upon
public rights of way, public lands, entrances to subdivisions and commercial district property within
the City. The list shall describe varieties, including their cold hardiness and size, and proper planting,
including tree spacing, and post -planting care instructions. The guidelines for planting and
maintenance set forth in the Sunset Western Garden Book, 1992 edition, shall be followed.
7. The Committee shall ensure that trees and shrubs are pruned as required in Section 6-7-8 of this
Chapter.
8. The Committee shall review and approve or reject applications for planting, pruning or removing trees
in or upon public right of way, public lands, entrances to subdivisions and commercial and industrial
district property within the City.
B. In performing the duties set forth in this Section, the Committee shall consult, as appropriate, with the
Ada County Highway District or any other governmental entity having control of public rights of way
or public land within the City.
6-7-3: EXPENDITURES: The Committee may expend, subject to the approval of the City Council,
funds and goods that it receives from public or private sources.
6-7-4: REGULATIONS:
A. Irrigation: All persons occupying commercial or industrial property shall design and develop it with a
pressurized irrigation system in accordance with the Eagle Design Review Ordinance.' All entrances
to subdivisions shall be designed and developed by the developers thereof with sprinkler systems.
B. Landscaping: Landscaping applications and plans must be submitted to and approved by the
Committee, prior to any person landscaping public rights of way, public lands, entrances to
subdivisions or commercial or industrial district property within the City.
' See Title Chapter 2, Chapter 2A of this Code.
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C. Perimeter Screening: When perimeter screening is required by the Eagle City Code, it shall be done in
a manner approved by the Committee.
D. Subdivision: Notwithstanding any other provision in the Eagle City Code, the entrance to a
subdivision within the City shall be landscaped by the developer of the subdivision in the manner
approved by the Committee no later than six (6) months after approval by the City of the subdivision
final plat. The developer shall maintain the entrance until it is conveyed to a homeowner's association
or another entity able to consistently maintain the entrance.
6-7-5: TREE PLANTING: No person shall plant a tree in or upon a public right of way, public land,
entrance to a subdivision or commercial or industrial district property within the City without first
submitting an application to the Committee and obtaining the Committee's approval thereon. The approval
of the Ada County Highway District must also be obtained by an applicant prior to planting any tree in any
right of way controlled by Ada County Highway District. Applications for tree planting shall be filed with
the Zoning Administrator.
6-7-6: REMOVAL OF TREES: No person shall remove a tree from a public right of way, public land,
entrance to a subdivision or commercial or industrial district property within the City without submitting
an application to the Committee and obtaining the Committee's approval thereon. Applications for tree
removal shall be filed with the Zoning Administrator.
6-7-7: REMOVAL OF TRAFFIC HAZARDS:
A It shall be the responsibility of the owner of the property to remove from his or her property any
tree, shrub or other vegetation obstructing sight so as to constitute a traffic hazard. Sigh obstruction shall
not extend more than three feet (3") in height above the existing center line highway elevation within the
vision triangle of vehicle operators. The boundaries of the vision triangle are defmed by measuring from
the intersection of the edges of two (2) adjacent highways forty feet (40') along each highway and
connecting the two (2) points with a straight line. The sight distance obstruction is also applicable to
railroad -highway grade crossings with the vision triangle defmed by measuring forty feet (40') along the
railroad property line.
B. When the City determines upon the basis of an engineering investigation that a traffic hazard
exists, it shall notify the owner of the property upon which the traffic hazard exists, it shall notify the
owner of the property upon which the traffic hazard is located and order that the traffic hazard be removed
within fifteen (15) days. The failure of the owner to remove the traffic hazard shall constitute a
misdemeanor, and every day the owner fails to remove the obstruction shall be a separate and distinct
offense.
6-7-8: PRUNING:
A. All trees and shrubs located within an entrance to a subdivision shall be pruned by the developer or the
homeowner's association.
B. All trees and shrubs located within a public right of way shall be pruned by the abutting property
owner, with the exception of a City maintained right of way, which shall be pruned by the City.
C. All trees and shrubs located upon property within a commercial or industrial district within the City
shall be pruned by the owner of said property or the person occupying the property.
D. Pruning shall not be done in a manner that negatively impacts the shave of the tree. as shall be
determined by the City. Exceptions may be permitted if approved in writing by the City in cases such
as when undesirable pruning is needed to protect overhead utility lines.
6-7-9: INJURIOUS PESTS OR DISEASE:
A. All injurious pests and diseases infecting any tree within the City are hereby declared to be public
nuisances.
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B. The owner of the property abutting a public right of way, public land, entrance to a subdivision or
commercial or industrial district property within the City, the trees or shrubs upon which property are
infected with any injurious pests or diseases, shall stop the infestation of said pests, and their eggs or
larvae, and spread of said disease, to any tree or shrub located in or upon said right of way, public
land, entrance to a subdivision or commercial or industrial district property.
6-7-10: ACTION BY THE CITY: In the event the owner of , or the owner of property abutting, a public
right of way, public land, entrance to a subdivision or commercial or industrial district property within the
City fails to eradicate injurious pests, including their eggs or larvae, or disease, the City, after reasonable
notification to the owner, may take appropriate action to eradicate the injurious pests of disease, under the
supervision of the Zoning Administrator.
6-7-11: AUTHORITY OF THE CITY: Nothing in this Chapter shall be construed as prohibiting the City
from eradicating injurious pests and disease or pruning trees or shrubs in or upon a public right of way,
public land, entrance to a subdivision or commercial or industrial district property.
6-7-12: APPEAL: Any person aggrieved by the action of the Zoning Administrator may appeal to the
Committee by submittine an anneal application and required fee.
The Committee shall hold a hearing upon reasonable notice being given to the appellate. Any person
aggrieved by the action of the Committee may appeal to the City Council by submittine an anneal
application and required fee.
6-7-13: SCHEDULE OF FEES, CHARGES AND EXPENSES: The City Council shall establish a
schedule of fees, charges and expenses for processing applications required by this Chapter and for other
matters pertaining to the enforcement of the provisions of this Chapter. Said schedule shall be posted in
Eagle City Hall and may be amended only by the City Council. Until all applicable fees, charges and
expenses have been paid in full, no action shall be taken on any application appeal.
6-7-14: PENALTIES: Any violation of a provision of this Chapter shall be a misdemeanor.
Section 2: The provisions of this ordinance are hereby declared to be severable and if any provision of this
act or the application of such provision to any person or circumstance is declared invalid for any reason,
such declaration shall not affect the validity of remaining portions of this ordinance.
Section 3: This ordinance shall take effect and be in force from and after its passage, approval, and
publication as required by law. In lieu of publication of the entire ordinance, a summary thereof in
compliance with Section 50-901A, Idaho Code, may be published.
DATED this 9th day of September, 1997.
CITY OF EAGLE
Ada Counti. Idaho
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SUMMARY OF
ORDINANCE NO. 300
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING EAGLE
CITY CODE, TITLE 6 "PUBLIC WAYS AND PROPERTY" TO ADD CHAPTER 7 "PARKS
COMMITTEE," SECTION 1 "CREATION AND PURPOSE OF PARKS COMMITTEE,"
SECTION 2 "DUTIES," SECTION 3 "EXPENDITURES," SECTION 4 "REGULATION,"
SECTION 5 "TREE PLANTING," SECTION 6 "REMOVAL OF TREES," SECTION 7
"REMOVAL OF TRAFFIC HAZARDS," SECTION 8 "PRUNING," SECTION 9 "INJURIOUS
PESTS OR DISEASES," SECTION 10 "ACTION BY CITY," SECTION 11 "AUTHORITY OF
THE CITY," SECTION 12 "APPEAL," SECTION 13 "SCHEDULE OF FEES, CHARGES
AND EXPENSES," AND SECTION 14 "PENALTIES"
A summary of the principal provisions of Ordinance No. 300 of the City of Eagle, Ada
County, Idaho, adopted on September 9, 1997, is as follows:
Section 1: Adds a new Chapter 7 to Eagle City Code, Title 6, as follows:
A. Section 6-7-1 establishes and sets forth the purposes of the Parks Committee,
includes the regulations of Title 6, Chapter 7, on a par with the guidelines of the
Eagle Tree Plan as outlined in the Comprehensive Plan, and directs the Design
Review Board to act as the Parks Committee;
B. Section 6-7-2 sets forth the duties of the Parks Committee;
C. Section 6-7-3 provides for expenditures by the Parks Committee;
D. Section 6-7-4 sets forth regulations for irrigation, landscaping, perimeter screening,
and subdivision entrances;
E. Section 6-7-5 set forth regulations for tree planting, and provides a process for
submitting an application for Parks Committee approval;
F. Section 6-7-6 sets forth regulations for tree removal, and provides a process for
submitting an application for Parks Committee approval;
G. Section 6-7-7 sets forth regulations for removal of traffic hazards caused by trees,
shrubs, or other vegetation;
H. Section 6-7-8 establishes pruning standards, including a requirement for written
permission of the City for pruning which would negatively impact tree shape;
I. Section 6-7-9 sets forth regulations for injurious pests or disease infested trees;
J. Section 6-7-10 establishes action which the City can take to eradicate injurious
pests or disease;
Page 1
K. Section 6-7-11 reserves the right of the City to eradicate injurious pests and
disease, and prune trees and shrubs in or upon a public right of way, public land
and entrances to subdivisions, commercial, or industrial district property;
L. Section 6-7-12 establishes the process for appealing a decision of the Zoning
Administrator or Parks Committee;
M. Section 6-7-13 states that the City Council will establish a schedule of fees, charges
and expenses which will be posted in the City Hall, which may only be amended
by the City Council, and establishes that applicable fees must be paid in full before
action shall be taken on any application appeal; and
N. Section 6-7-14 sets forth penalties for violation of this Chapter.
Section 2: States that the provisions of Ordinance No. 300 are declared to be severable,
and that if any provision or application of such provision to any person or circumstance is declared
invalid for any reason, such declaration shall not affect the validity of remaining portions of
Ordinance No. 300.
Section 3: States that Ordinance No. 300 shall take effect and be in force from and after
its passage, approval, and publication as required by law. Provides that a summary of Ordinance
No. 300 may be published in lieu of the entire ordinance in compliance with Section 50-901A,
Idaho Code.
The full text of Ordinance No. 300 is available at City Hall and will be provided to any
citizen upon personal request during normal office hours.
DATED as of the 9th day of September, 1997.
ATTEST:
J
[SEAL]
Page 2
CITY OF EAGLE
Ada County, Idaho
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CERTIFICATION OF CITY ATTORNEY
I, the undersigned City Attorney for and legal advisor to the City of Eagle, Idaho, hereby
certify that I have read the foregoing Summary of Ordinance No. 300 of the City of Eagle and that
the same is true and complete and provides adequate notice to the public of the contents of said
Ordinance.
DATED as of the 9th day of September, 1997.
Page 3
i Attorney
The West Ada Express, 332 W. State St., Eagle, Idaho 83616
Affidavit of Public . d ion
STATE OF IDAHO
COUNTY OF ADA
Scott Crosby
deposes and says:
That I am the
} SS.
Summary of Ordinance No. 300
TITLE OF PUBLICATION
City of Eagle
PLAINTIFF OR LEGAL AGENT
Managing Editor
be;
of WEST.
twice weekly newspaper published at Eagle, in the County of
Idaho; that said newspaper has been and is in general circulat
aforesaid, and in the vicinity of Eagle; that the advertisement,
attached hereto, was published in said newspaper once a weel
consecutive weeks in the regular and entire issue of said pa
and time of publication, and was published in the newspaper
supplement; that said paper has been established and regularl
than seventy-eight consecutive weeks prior to the date of firs
advertisement.
Such notice was published in the issue beginning with
19 97 , and ending with the issue of September 23
19 97
X
STATE OF IDAHO
COUNTY OF ADA
On this 27 day of October
Public, personally appeared
)
in the year of
Scott Crosby
1997
Copy of Notice
(First Copy)
SUMMARY OF
ORDINANCE NO. 300
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
EAGLE CITY CODE, TITLE 6, "PUBLIC WAYS AND PROPERTY" TO ADD
CHAPTER 7 "PARKS COMMITTEE," SECTION 1 "CREATION AND PURPOSE
OF PARKS COMMITTEE," SECTION 2 "DUTIES," SECTION 3 "EXPENDI-
TURES," SECTION 4 "REGULATION," SECTION 5 "TREE PLANTING," SEC-
TION 6 "REMOVAL OF TREES," SECTION 7 "REMOVAL OPTRAFFIC HAZ-
ARDS," SECTION 8 `PRUNING," SECTION 9 "INJURIOUS PESTS OR DIS-
EASES," SECTION 10 "ACTION BY CITY," SECTION 11 "AUTHORITY OF
'THE CITY," SECTION 12 "APPEAL," SECTION 13 "SCHEDULE OF FEES,
CHARGES AND EXPENSES," AND SECTION 14 `PENALTIES"
A summary of the principal provisions of Ordinance No. 300 of the City of
Fag1e, Ada County, Idaho, adopted on SEPTEMBER 9, 1997, is as follows:
Section 1: Adds a new Chapter 7 to Eagle City Code, Title 6, as follows:
A. Section 6-7-1 establishes and sets forth the purposes of the Parks
Committee, includes the regulations of Title 6, Chapter 7, on a
par with the guidelines of the Eagle Tree Plan as outlined in the
Comprehensive Plan, and directs the Design Review Board to
act as the Parks Committee;
B. Section 6-7-2 sets forth the duties of the Parks Committee;
C. Sections 6-7-3 provides for expenditures by the Parks
Committee;
D. Section 6-7-4 sets forth regulations for irrigation, landscaping,
perimeter screening, and subdivisions entrances;
E. Section 6-7-5 set forth regulations for tree planting, and provides
a process for submitting an application for Parks Committee
approval;
F. Section 6-7-6 sets forth regulations for tree removal, and pro
vides a process for submitting an application for Parks
Committee approval;
G. Section 6-7-7 sets forth regulations for removal of traffic haz
ards caused by trees, shrubs, or other vegetation.;
H. Section 6-7-8 establishes pruning standards, including a require
ment for written permission of the City for pruning which would
negatively impact tree shape;
I. Section 6-7-9 sets forth regulations for injurious pests or disease
infested trees;
J. Section 6-7-10 establishes action which the City can take to
eradicate injurious pests or disease;
K. Section 6-7-11 reserves the right of the City to eradicate injury
ous pests and disease, and prune trees and shrubs in or upon a
public right of way, public land and entrances to subdivisions,
commercial, or industrial district property;
L. Section 6-7-12 establishes the process for appealing a decision
of the Zoning Administrator or Parks Committee;
M. Section 6-7-13 states that the city Council will establish a
schedule of fees, charges and expenses which will be posted in
the City Hall, which may only be amended by the City Council,
and establishes that applicable fees must be paid in full before
action shall be taken on any application appeal; and
N. Section 6-7-14 sets forth penalties for violation of this Chapter.
Section 2: States that the provisions of Ordinance No.300 are declared to t
be severable, and that if any provision or application of such provision to any per-
son or circumstance is declared invalid for any reason, such declaration shall not
affect the validity of remaining portions of Ordinance No. 300.
Chidinanre. t<Io 300 shall take effe.a a'tJ be in fercr
•
to me to be the person whose name subscribed to the within
being by me first duly sworn, declared that the statements the
ackno, on%that he/she exethe same.
pTAR
. y.
• e Residing at
jOUBLAG •
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/'�':-,4.6 y\•• ��,,ission expires Lj'if !o3
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STATEMENT
West Ada Express
Eagle, Idaho
Number of Lines 79 Lines
Number of Insertions 1
79 Lines @ $1.50 $ 118 50
Lines @ $ $
TOTAL COST
WILL BE $ 118.50
RECEIVED & FILED
CITY OF EAGLE
OCT 2 9 1997
File:
Route to:
NO.
L -215E