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Ordinance - 1992 - 205 - Creation Of A Parks Committee - 07/15/1992TREE PROTECTION ORDINANCE U*Li ORDINANCE NO. 205 AN ORDINANCE ESTABLISHING A NEW TITLE 6, CHAPTER 5, OF THE EAGLE CITY CODE: CREATING A PARKS COMMITTEE AND ESTABLISHING ITS DUTIES; PROVIDING FOR THE PLANTING, CARE, MAINTENANCE AND PROTECTION OF TREES WITHIN THE CITY; REQUIRING IRRIGATION SYSTEMS, LANDSCAPING, PERIMETER SCREENING, AND TREE PLANTING IN CONJUNCTION WITH THE DEVELOPMENT OF SUBDIVISIONS AND COMMERCIAL AREAS WITHIN THE CITY; PROVIDING AN APPLICATION PROCESS THEREFOR; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Mayor and Council of the City of Eagle, Ada County, Idaho, have concluded that it is in the best interest of the City to adopt a program providing for the protection, care, maintenance and planting of trees within the City; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, ADA COUNTY, IDAHO: Section 1. That a new Title 6, Chapter 5, of the Eagle City Code be, and the same hereby is, enacted to read as follows: Section 1: CREATION AND PURPOSE OF PARKS COMMITTEE: The City of Eagle hereby establishes and creates a committee which shall be called the "Parks Committee." The Committee shall follow the guidelines of "The Eagle Tree Plan" in the 1992 Eagle Comprehensive Plan. 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 of Eagle. The Committee shall serve under the direction and supervision of the City Council and shall consist of a minimum of 5 members: one (1) member small be the Planning and Zoning Administrator, one (1) member shall be a parks maintenance worker, one (1) member shall be a Council Member, and one (1) or more members shall be at large. Section 2: DUTIES: 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. 1 _ 2. The Committee shall supervise the planting, spraying, pruning and maintenance of trees and shrubs in and upon public rights-of-way, public lands, entrances to subdivisions and commercial district property within the City. 3. The Committee shall take measures to preserve or remove 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 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 a finding that such action is necessary to prevent the spread of injurious pests or disease to trees and shrubs in and upon public rights-of- way, 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 7 of this Chapter. 8. The Committee shall review and approve or reject applications for planting, pruning or removing trees in or upon public rights-of-way, public lands, entrances to subdivisions and commercial 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 lands within the City. Section 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. 2 Section 4: REGULATIONS: A. Irrigation: All persons occupying commercial property shall design and develop it with a pressurized irrigation system i 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 right-of-way, public lands, entrances to subdivisions or commercial district property within the City. C. Perimeter Screening: When perimeter scrawling is required by the Eagle City Code, it shall be done in a manner approved by the Committee. D. Trees: A minimum of one tree shall be planted in the public right-of-way by a person occupying commercial district property, when such property abuts a public right-of-way and has a frontage of one hundred feet (100') or less. If the frontage of commercial district property exceeds one hundred feet (100'), the person occupying it shall plant a minimum of two trees in the public right-of-way. A person occupying commercial district property may apply to the Committees for a variance from these requirements, which shall be granted upon a showing that a different landscape design is more appropriate for the property. All trees required to be planted under this Section must be chosen from the Committee's list of approved trees, which shall be available at Eagle City Hall. All trees must be planted in the manner approved by the Committee. E. Subdivisions: 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 of 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. Section 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 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 the Ada County Highway District. Applications for tree planting shall be filed with the Zoning Administrator. 3 Section 6: REMOVAL OF TREES: No person shall remove a tree from a public right-of-way, public land, entrance to a subdivision or commercial 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. Section 7: REMOVAL OF TRAFFIC HAZARDS: A. It shall be the responsibility of the owner of property to remove from his or her property any tree, shrub or other vegetation obstructing sight so as to constitute a traffic hazard. Sight obstructions shall not extend more than three (3) feet in height above the existing center line highway elevation within the vision triangle of vehicle operators. The boundaries of the vision triangle are defined 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 defined by measuring forty (40) feet 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 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. section 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. H. Al]. 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. Al]. trees and shrubs located upon property within a commercial district within the City shall be pruned by the owner of said property or the person occupying the property. Section 9: INJURIOUS PESTS OR DISEASES: A. All injurious pests and diseases infecting any tree within the City are hereby declared to be public nuisances. 4 B. The owner of property abutting a public right-of-way, public land, entrance to a subdivision or commercial district property within the City, the trees or shrubs upon which property are infected with any injurious pests or disease, 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 public right-of-way, public land, entrance to a subdivision or commercial district property. Section 10: ACTION BY 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 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 or disease, under the supervision of the Zoning Administrator. Section 112 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 district property. Section 12: APPEAL: Any person aggrieved by the action of the Zoning Administrator may appeal to the Committee by delivery of written notice to the City of Eagle. The Committee shall hold a hearing upon reasonable notice being given to the appellant. Any person aggrieved by the action of the Committee may appeal to the City Council by delivery of written notice to the City. Section 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 or appeal. Section 14: PENALTIES: Any violation of a provision of this Chapter shall be a misdemeanor. 5 Section This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. PASSED by the City Council and APPRQVED by the or of the City of Eagle, Ada County, Idaho, this f5p day of ' 1992. of ►1.� a°°se vl 'i I* / /tiif�li'�► �t4 .-4.4-10, moi Aoo .. .•.:i • • MONT�GCX 'Z 4G T?V m ,,,,;:;....f 1*B o • „Y• ft \tilt OF ISOss4s • 6 EXHIBIT A DECIDUOUS TREES AND SHRUBS USED IN FOR USDA PLANT HARDINESS ZONE 5 OR THE LIST SHOULD INCLUDE BUT NOT BE GROWN IN IDAHO: THE CITY OF EAGLE SHOULD BE HARDY LESS ( A NATIONAL STANDARD). LIMITED TO THE FOLLOWING TREES FRAXINUS SPRECIES (ASH) POPULUS SPECIES (QUAKING ASPEN & POPLARS SPECIES) BETULA SPECIES (BIRCH) CATALOA SPECIOSA (CATALPA ) PRUNUS SPECIES (FLOWERING CHERRY) MALUS SPECIES ( FLOWERING CRABS) KOEIREUTERIA PANICULATA (GOLDENRAIN TREE) CELTIS OCCIDENTALIS (HACKBERRY) CRATAEGUS SPECIES (HAWTHORN) GLEDITSIA TRIACANTHOS INERMIS SPECIES (HONEYLOCUST) TILLIA CORDATA SPECIES (LINDEN) PLATANUS X ACERIFOLIA (LONDON PLANETREE) ACER GINNALA (MAPLE, AMUR) ACER PLATANOIDES SPECIES (MAPLE) QUERCUS SPECIES (OAKS) PYRUS CALLERYANA SPECIES (FLOWERING PEARS) PRUNUS CISTENA (BUSH FLOWERING PLUM) PRUNUS X CERASIFERA "NEWPORT" (NEWPORT PLUM) AMELANCHIER CANADENSIS (SERVICEBERRY) GYMNOCLADUS DIOICUS ('KENTUCKY COFFEE TREE) THERE IS A GROWING USE OF NATIVE PLANTS AND WILDFLOWERS IN LANDSCAPE DESIGN. THEY TEND TO BE DRAUGHT TOLERANT AND REQUIERE LITTLE MAINTENANCE. IT IS SUGGESTED THAT NATIVE PLANTS BE INCLUDED IN LANDSCPAPE DESIGN WHERE APPROPIATE. A LIST CAN BE OBTAINED FROM LOCAL NURSERIES. CONIFERS TO BE USED IN THE CITY OF EAGLE SHOULD BE USDA PLANT HARDINESS ZONE 5 OR LESS (A NATIONAL STANDARD). THE LIST SHOULD INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING CONIFER TREES GROWN IN IDAHO: SPRUCE SPECIES (PICEA SP.) INCLUDING: COLORADO SPRUCES (PICEA PUNGENS) COLORADO SPRUCES,GRAFTED VARIETIES NORWAY SPRUCE (PICEA ABIES) ENGLEMANN SPRUCE (PICEA ENGLEMANNII) BLACK HILLS SPRUCE (PICEA GLAUCA) SERBIAN SPRUCE (PICEA OMORIKA) FIR SPECIES (ABIES SP.) INCLUDING: CONCOLOR FIR (ABIES CONCOLOR) (FIRS REQUIRE SOME CARE IN CHOOSING CORKBAR FIR (ABIES LASIOCARPA THE SITE FOR PLANTING) ARIZONICA) FRASER FIR (ABIES FRASERI) GRAND FIR (ABIES GRANDIS) ALPINE FIR (ABIES LASIOCARPA) PINE SPECIES (PINUS SP.) INCLUDING: BRISTLECONE PINE (P. ARISTATA) LODGEPOLE PINE (P. CONTORTA LATIFOLIA) PINYON PINE (P. EDULIS) LIMBER PINE (P. FLEXILIS) JEFFERY PINE (P.JEFFREYI) WHITE PINES (P.MONTICOLA,P.STOBIFORMIS MUGO PINE (P. MUGO) AUTRIAN PINE (P. NIGRA) PONDEROSA PINE (P. PONDEROSA) SCOTCH PINE (P. SYLVESTRIS) OTHERS: DOUGLAS FIR (PSEUDOTSUGA MENZIESII) DAWN REDWOOD (METASEQUOIA GLYPTOSTROBOIDES) EAGLE TREE PLAN Goal: Establish and enhance areas of tree growth that will create beauty, add to a healthy environment and increase economic stability. Objectives: 1. Create an urban forest that will help reduce air and noise pollution, conserve water and reduce soil erosion, assist in modifying the local climate, increase property values, and improve Eagle's economy by providing a pleasant and more comfortable place to shop and live. 3. To encourage economic growth by establishing a atmosphere for locations of business. 4. To establish a Parks Committee with at least one to perpetuate the plan. more inviting City official 5. To adopt an ordinance to provide for the future care maintenance of the trees. Establish a guide line of types sizes of trees to be planted. Policies: and and 1. Establish an inventory plan to keep track of tree location, age, and desirable planting locations. 2. Establish a recommended maintenance grogram. 3. Provide a plan to plant 300 or more trees over the years in the downtown core area in our City parks and along residential streets. The plan should be implemented in several phases over a period of time. SUMMARY OF ORDINANCE NO. 205 AN ORDINANCE ESTABLISHING A NEW TITLE 6, CHAPTER 5, OF THE EAGLE CITY CODE: CREATING A PARKS COMMITTEE AND ESTABLISHING ITS DUTIES; PROVIDING FOR THE PLANTING, CARE, MAINTENANCE AND PROTECTION OF TREES WITHIN THE CITY; REQUIRING IRRIGATION SYSTEMS, LANDSCAPING, PERIMETER SCREENING, AND TREE PLANTING IN CONJUNCTION WITH THE DEVELOPMENT OF SUBDIVISIONS AND COMMERCIAL AREAS WITHIN THE CITY; PROVIDING AN APPLICATION PROCESS THEREFOR; AND PROVIDING AN EFFECTIVE DATE A summary of the principal provisions of Ordin ce No. 205 of the City of Eagle, Ada County, Idaho, adopted on t,,,,D_ ,),5� / r1 �- 1992, is as follows: Section 1: Creates a new Title 6, Chapter 5, of the Eagle City Code, with the following pertinent provisions: Section 1: Creates a Parks Committee. Section 2: Establishes the duties of the Parks Committee. Section 3: Authorizes the Committee to expend funds in certain instances. Section 4: Establishes irrigating, landscaping, perimeter screening, and tree planting requirements for owners/occupiers of certain property. Section 5: Requires City approval before planting trees upon certain property. Section 6: Requires City approval before removing trees from certain property. Section 7: Requires the removal of trees constituting a traffic hazard. trees. Section 8: Establishes responsibility for pruning Section 9: Declares injurious pests and diseases public nuisances and prohibits the same. Section 10: Authorizes eradication of injurious pests and diseases by the City upon the failure of the property owner. 1 Section 11: Authorizes the eradication of injurious pests and diseases by the City upon public property and certain other property. section 12: Establishes an appeal process. Section 13: Provides for the establishment of a schedule of fees. Section 14: Makes a violation of provisions of the chapter a misdemeanor. Section 2: Provides that Ordinance No. 205 shall become effective upon its passage, approval, and publication. The full text of Ordinance No. 205 is available from the City Clerk, Eagle city Hall, Eagle, Idaho, and will be provided to any person upon request during normal office hours. DATED this day of July, 1992. CITY OF EAGLE ADA COUNTY, IDAHO By i r12-o-vo, Ba2W a Montgome Eagle City Clerk 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. 205 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 this day of July, 1992. / Mona Dobaran ack City Attorney 2 g -ROOF OF PUBLICATILA- County of Ada State of Idaho Helen Alidjani, being fust duly sworn, on oath says that she is the principal clerk of THE VALLEY NEWS, a newspaper of general circulation, published weekly at Meridian, County of Ada, State of Idaho; That the annexed notice was published in said newspaper once each and every week for 1 consecutive weeks, First publication being on the ,2 _4 ``L day of ,19 9,R._ , and the last publication being on the day of ,19 That the said newspaper has been published continuously and uninterruptedly in said county during a period of more than seventy-eight consecutive weeks prior to the first publication of the attached notice. scribed and sworn before me this Principal Clerk 6 , 19 day of otary Public Residence: ///JhJ!/LX2 / /J My commission expires: —if' (SEAL) ;day July 23, 1992 13 ■ SUMMARY OF ORDINANCE NO. 205 AN ORDINANCE ESTABLISHING A NEW TITLE 6, CHAPTER 5, OF THE EAGLE CITY CODE; CREATING A PARKS COMMITTEE AND ESTABLISHING ITS DUTIES; PROVIDING FOR THE PLANTING, CARE, MAINTENANCE AND PROTECTION OF TREES WITHIN THE CITY; REQUIRING IRRIGATION SYSTEMS, LAND- SCAPING, DEVELOPMENT OF SUBDIVISIONS AND COMMER- CIAL AREAS WITHIN THE CITY: PROVIDING AN APPLICATION PROCESS THEREFOR: AND PROVIDING AN EFFECTIVE DATE. A summary of the principal provisions of Ordinance No. 205 of the City of Eagle, AdaCounty, Idahoadoped on June 23, 1992, is as follows: Section 1: Creates a new Title 6. Chapter 5, of the Eagle City Code. with the following pertinent provisions: Section I: Creates a Parks Committee. Section 2: Establishes the duties of the Parks Committee. Section 3: Authorizes the Committee to expend funds in certain instances. Section 4: Esbablishes irrigating. landscaping. perimeter screening, and tree planting requirements for owners/ occupiers of certain property. Section 5: Requires City approval before planting trees upon certain property. Section 6: Requires City approval before removing trees from certain property. Section 7: Requires the removal of trees constituting a traffic hazard.