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0653 Construction Site 2007/1 CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 6 5 3 /1 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADOPTING SECTION 16.16.140 TO REQUIRE EACH CONSTRUCTION SITE TO PROVIDE TOILET FACILITIES; ADOPTING SECTION 16.16.150 TO REQUIRE EACH CONSTRUCTION SITE TO HAVE ADEQUATE REFUSE COLLECTION FACILITIES; AMENDING CERTAIN PROVISIONS FOR LANDSCAPING IN CHAPTER 18.14; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTER 16.16 AND CHAPTER 18.14 NOT HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Adoption of New Section 16.16.140 and 16.16.150. The following are hereby adopted: 16.16.140 Worker Personal Sanitary Needs. Every construction site shall have access to adequate toilet facilities for employees and/or other workers. If toilet facilities are not readily available for worker's use, the developer and/or primary contractor at the construction site shall arrange for at least one portable chemical toilet which shall be cleaned and serviced no less than weekly. If a site does not have such facilities, all permits issued by the City may be revoked or suspended by the City until the required facility is made available. 16.16.150 Construction Site Refuse Management. Every construction site shall have access to adequate refuse collection disposal facilities. If such disposable facilities are not readily available for use at the site, the developer and/or primary contractor at the construction site shall arrange for a refuse container of no at least three cubic yards in volume which shall be serviced no less than weekly. If a site does not have such facilities, all permits issued by the City may be revoked or suspended by the City until the required facility is made available. Section 2. Amended sections of Chapter 18.14. The following amendments are hereby adopted: Ordinance - Page 1 chubbuck071107ordlandscapempd /'* 18.14.010 Definitions: In construing the provisions of this chapter the following definitions shall apply: A. Landscaping: Shall consist of any of the following or combinations thereof. living material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, or trees and nonliving durable material limited to pea gravel, walls or fences, bark, decorative cinders, and decorative rock. Nonliving durable material may be nsed only, f6r accent in 1midscaping are Preference should be given living landscape materials that are native, drought -tolerant, or suitable for this climate. Landscape schemes should also focus on conserving irrigation water by judicious use of mixes of appropriate living and non -living materials irrigated with an automated delivery system designed to maximize the benefit of water without waste. B. Trees: Self-supporting wood plants of species which normally grow to an overall height of a minimum of fifteen feet (15') in Bannock County, Idaho. C. Shrubs: Required by this chapter shall be self-supporting, woody, evergreen species, as normally grown in Bannock County, Idaho. 18.14.020 Landscaping Requirements For Certain Yard Areas And Off Street Parking And Other Vehicular Use Areas. All areas used for the display or parking of any and all types of vehicles, boats or construction equipment, whether such vehicles, boats or equipment are self-propelled or not, and all land upon which vehicles traverse the property as a function of the primary use of such property, hereinafter referred to as "other vehicle uses", including, but not limited to, activities of a drive-in nature such as filling stations, grocery and dairy stores, banks, restaurants and the like, shall conform to the minimum landscaping requirements hereinafter provided, save and except areas used for parking or other vehicular uses within buildings, and parking areas serving single -household dwellings and duplexes. A. Installation: All landscaping shall be installed in a sound workmanlike manner and according to accepted planting procedures with the quality of plant materials as hereinafter described. All elements of landscaping shall be installed so as to meet all other applicable Ordinance - Page 2 chubbuck071107ordlandscapempd ordinances and code requirements. The city building official, or his representative, shall inspect all landscaping and no certificates of occupancy or similar authorization will be issued unless the landscaping meets the requirements herein provided. B. Maintenance: The owner, tenant and/or their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. Landscaping shall be maintained in good condition so as to present a live, healthy, neat and orderly appearance and shall be kept free from weeds, refuse and debris. All landscaped areas, except those utilizing nonliving durable material, shall be provided with a readily available water supply with a sprinkler irrigatio an automated water conserving (or water efficient) delivery system designed to maximize the benefit of water without waste. All dead trees and shrubs shall be removed and replaced no later than June 30 or the following growing season. C. Plant Material: ualit : Plant material used to obtain compliance with this chapter shall be of a high quality equivalent to that provided by local reputable nurseries. 2. Trees: Trees shall be species having an average mature spread of crown of greater than fifteen feet (15'). Trees shall be not less than one to one and one-half inch (1" - 1 %") caliper size at time of planting; provided all trees must be planted and staked, if necessary, according to professional nursery standards. No tree or plant which may cause damage to public roadways or sidewalks or which is regarded as a "trash" tree or plant shall be planted. A list of accepted tree, shrub, and ground cover species shall be maintained by the city building official for review by the public. Any other tree, shrub or ground cover species may be planted only upon prior approval from the city building official. 3. Hees: Shrubs composing hedges shall be a minimum of two feet (2) in height when measured immediately after planting. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of three (3) years after time of planting. Ordinance - Page 3 chubbuck071107ordlandscapempd 4. Shrubs: Shrubs shall be not less than a three (3) gallon size when planted. D. Required Landscaping Adjacent To Public Rights Of WU: On the site of a building or open lot use providing an off street parking area or other vehicular use area, where such area will not be entirely screened visually by an intervening building or structure from any abutting right of way, excluding dedicated alleys, there shall be provided landscaping between such area and such right of way, as follows: A strip of land at least ten feet (10) in depth located between the abutting right of way and the off street parking area, other vehicular use area or structure and which is exposed to an abutting right of way shall be landscaped, such landscaping to include one tree for each fifty (50) linear feet or fraction thereof. Such trees shall be located between the abutting right of way and the off street parking area, other vehicular use area or structure and shall be planted in a planting area of at least twenty five (25) square feet with a dimension of at least ten feet (10'). The required landscaping shall also include a hedge or a planting of at least one shrub for each five (5) linear feet of the landscaped area. The remainder of the required landscaped area shall be landscaped with grass, ground cover, or other landscape treatment, excluding paving. 2. All property other than the required landscaped strip lying between the right of way and off street parking area or other vehicular use area shall be landscaped. 3. Necessary accessways from the public right of way through all such landscaping shall be permitted to service the parking or other vehicular use areas and such accessways may be subtracted from the linear dimension used to determine the number of trees and shrubs required. 4. If landscaping is required under this section, the owner, in addition to the landscaping required by the above provisions, shall landscape any areas within the street right of way that is contiguous with owner's property line and not covered by pavement, curb, gutter, sidewalk or other such improvements that cover the soil in such a way that planting is not feasible. Ordinance - Page 4 chubbuck071107ordlandscapempd /'ftIN E. Parking Area Interior Landscaping: Off street parking areas and other vehicular use areas shall have interior landscaping covering at least five percent (5%) of the total parking lot area for lots with ten (10) or more parking spaces. In addition, other vehicle use areas shall have one square foot of interior landscaping for each one hundred (100) square feet of paved area. Where the property contains both parking areas and other vehicle use areas, the two (2) types of areas shall be treated separately for the purpose of determining the required amount of landscaping. Each separate landscaped area shall contain a minimum of fifty (50) square feet and shall have a minimum dimension of at least five feet (5'). The landscaped areas may be located so as to break up the expanse of paving or may be located adjacent to any structures located on the property. One tree shall be planted for every two hundred (200) square feet of interior landscaping. All remaining land in the area designated for landscaping shall be covered by shrubs, ground cover or other authorized landscaping material not to exceed three feet (3') in height. Plans showing location, size and type of plant materials for landscaping in parking areas shall be included in all applications for a building permit or design review clearance and compliance with this chapter shall be a condition to the issuance of such a permit or clearance. F. Sight Distance For Landscaping Adjacent To Public Rights Of Way And Points Of Access: When an accessway intersects a public right of way or when the subject property abuts the intersection of two (2) or more public rights of way, all landscaping within the triangular areas described below shall provide unobstructed cross visibility at a level between three feet (3') and ten feet (10'); provided, however, trees or foliage extending into the cross visibility area shall be allowed, provided they are so located so as not to create a traffic hazard. Landscaping except required grass or ground cover shall not be located closer than three feet (3') from the edge of any accessway pavement. The triangular areas above referred to are: The areas of property on both sides of an accessway formed by the intersection of each side of the accessway and the public right of way line with two (2) sides of each triangle being ten feet (10') in length from the point of intersection and the third side being a line connecting the ends of the two (2) other sides. Ordinance - Page 5 chubbuck071107ordlandscapempd /'\ 2. The area of property located at a corner formed by the intersection of two (2) or more public rights of way with two (2) sides of the triangular area being thirty feet (30') in length along the abutting public right of way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two (2) lines. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. All other sections and provisions of Chapters 16.16 and 18.14 not herein amended shall remain in full force and effect. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 1 1 m day of DECEMBER , 2007. ATTEST: Ron Conlin, City Clerk Ordinance - Page 6 chubbuck071107ordlandscapempd 11 t SUMMARY OF ORDINANCE NO. 653 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, adopting section 16.16.140 to require each construction site to provide toilet facilities; adopting section 16.16.150 to require each construction site to have adequate refuse collection facilities ; amending certain provisions for landscaping in chapter 18.14 to provide for water conservation in the landscaping requirements; providing for the repeal of conflicting ordinances; providing that all other provisions of Chapters 16.16 and 18.14 not amended shall remain in full force and effect; providing for the severability of the provisions of this ordinance; providing that this ordinance shall be in full force and effect after its passage, approval and publication as allowed by law. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 653 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this 1 2, day of December, 2007. Thomas J. Holmes, City Attorney SUMMARY OF ORDINANCE NO. �'J- Page 1 chububck121207sum653.wpd