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0792 Urban Forest ProtectionCITY OF CHUBBUCK, IDAHO ORDINANCE NO.Z AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, REPEALING CHAPTER 2.34, "TREE ADVISORY COMMITTEE" OF THE CHUBBUCK MUNICIPAL CODE, ADOPTING CHAPTER 8.60, "URBAN FOREST PROTECTION; PROVIDING FOR DEFINITIONS, PROVIDING FOR THE AUTHORITY OF THE CITY TO REGULATE TREES, ENFORCE RESTRICTIONS OR REMOVAL OF TREES THAT ARE A NUISANCE, REQUIRING NEW DEVELOPMENT TO INCLUDE TREES CONFORMING TO THE CITY'S LANDSCAPING REQUIREMENTS, PROVIDING ALL PLANTINGS MUST COMPLY WITH SITE TRIANGLE RESTRICTIONS, PROVIDING THE CITY HAS THE AUTHORITY TO CONTROL OR REMOVE TREES IN THE PUBLIC RIGHT OF WAY, PROVIDING FOR THE CARE OF PUBLIC TREES AND PROVIDING ADJACENT PROPERTY OWNERS HAVE A RESPONSIBILITY FOR PUBLIC TREE CARE; DEFINING VIOLATIONS OF CHAPTER 8.60 AND PENALTIES FOR SUCH VIOLATIONS, DEFINING PUBLIC NUISANCES CAUSED BY TREES AND PROVIDING FOR THE ABATEMENT THEREOF; PROVIDING AN APPEAL PROCEDURE; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Repeal. Chapter 2.34, "Tree Advisory Committee" of the Chubbuck Municipal Code is repealed. Section 2. Adoption of Chapter 8.60. The following Chapter 8.60 is hereby adopted: Chapter 8.60 URBAN FOREST PROTECTION 8.60.010: PURPOSE: It is the purpose of this chapter to promote and protect the public health, safety, and general welfare by providing for the regulation of the planting, maintenance, and removal of trees, shrubs and vegetation, and controlling other accumulations, including accumulations of deleterious growths, weeds, trash, rubbish, noxious matter, or decaying or deteriorating matter on public and private lands within the city. Ordinance - Page 1 chubbuck 03?019 urban for ord edits following 5 : - In -::ii -- _pd 8.60.020: DEFINITIONS: As applied in this section, the following definitions will apply: A. HAZARDOUS TREES AND SHRUBS: Public or private trees that prevent safe and appropriate passage or safe vision on any public property and/or right-of-way. B. OPEN LAND(S): Shall be considered any private yards, landscaped areas, and the like, visible from a public right-of-way. C. OWNER(S): Shall be considered to include not only the person(s) possessing title to any real property fronting any public right-of-way, but also any person(s) leasing, renting, purchasing under contract, or otherwise having a possessory interest in said real property. D. PARK(S): Includes all public parks, greenways, squares, commons, and lands owned by the City which are distinguished by individual names. E. PARKING STRIP OR PLANTING STRIP: That portion of the public right-of-way, commonly landscaped or "planted" in some fashion, which is located between the back of the curb and the sidewalk portion of the right-of-way, or, in the absence of curb and/or sidewalk, between the edge of the right-of-way pavement and the property line. F. PUBLIC PLACE(S): Includes all lands and grounds owned by the City of Chubbuck not distinguished by individual names as parks, squares, or the like. G. PUBLIC PROPERTY: Any property owned by, dedicated to, or deeded to the public or for the public's use. City parks, public rights of way and other publicly owned, controlled, leased or managed properties are included in this definition. This definition excludes any federal or state owned properties except where otherwise provided by contract or law. Ordinance - Page 2 e for ord edits following 5 1 19 council v2.3ochrhbee Of _ H. PUBLIC RIGHTS-OF-WAY: Improved or unimproved public property owned by, dedicated to, or deeded to the public or for the public's use, for the purpose of providing vehicular, pedestrian and other public use. Such public property provides circulation and travel to abutting properties and includes, but is not limited to, streets, pathways, sidewalks, landscaping, provisions for public utilities, cut and fill slopes, and open public space. For the purposes of this chapter, alleys are excluded from this definition. I. PUBLIC TREES: Any tree (inclusive of roots within the critical root zone) whose trunk is located, partly or in whole, on public property J. RIGHT-OF-WAY OR STREET: Includes all lands lying between the property lines on either side of any public roadway, boulevard, alley, or other similar area dedicated to the public use for vehicular and/or pedestrian travel, whether improved or not. K. 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. 8.60.030: AUTHORITY TO REGULATE AND ENFORCE; JURISDICTION: A. Public Property: The City shall have the authority to manage and regulate the planting, maintenance, protection, removal, and replacement of all public trees within City limits, thus exercising the City's authority to do so granted pursuant to the provisions of Idaho Code §50-312 - Improvement of Streets and Idaho Code §50-317 - Removal of snow, ice rubbish and weeds. B. Private Property: The City shall 2Wy have jurisdiction over trees located on private property which are found to be public nuisances as defined in 8.60.050 and may cut and remove those trees from all private property within the city and the public rights-of-way Ordinance - Page 3 chubbuck 032019 urban for ord edits- following 5 1 19 council vZ.doc __ _pei abutting the same only if the deadlineivg en by the City has expired for private abatement, and the City may assess the cost thereof against the property so cleared, and against the property abutting public rights of way so cleared, as provided for in Idaho Code § 50-317. The assessment shall be collected as provided for in Idaho Code § 50- 1008. C. The City department designated by the Mayor shall perform the duties imposed and exercise the powers granted by this chapter in order to fulfill the purpose and responsibilities of this chapter. 8.60.040: LANDSCAPING: All new development shall include trees as required by the City's landscape requirements and shall be selected from the list of recommended trees and shrubs developed by the Planning Department. Tree planting shall comply with the "site vision triangle" of intersections and at proper setback distances as revised by sections 16.12.040 and 18.14.020 of this code. 8.60.050: PUBLIC TREE CARE: A. The Public Works Department shall have the right to remove, trim, destroy and control all public trees which are planted, grown or maintained in violation of the provisions of this Chapter and to seek appropriate remedy. The Public Works Department shall have the right to plant, prune, maintain and remove street trees within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. B. Adjacent property owners or homeowners associations as agreed to by the City, shall be responsible for public tree care. Such duties include: Ordinance - Page 4 _ _ __ _ ^r oLd edits fellowin4 5 1 19 council v2.doc-`---�- Ensuring landscaping compliance with section 8.8660.20 and, where applicable, ensuring that landscaping conforms to the development's approval standards. . 2. Provide water sufficient to keep trees located on public rights-of-way adjacent to the owner's real property in a healthy, growing condition. Control pests on trees located on public rights-of-way adjacent to the owner's real property. 4. Routine cutting, trimming, pruning and maintenance of public trees to provide sufficient public travel clearance on public rights-of-way and to remove dead limbs or other limbs that would constitute a hazard. 5. Obtaining written consent from the City for non -routine or major public tree care. For purpose of this Chapter, "topping" or "heading" of any public tree is not considered routine or minor. However, on those public properties between sidewalks and roads, adjacent property owners may perform any level of care, including removal and/or replacement of trees or shrubs without the consent of the City provided that the landscaping complies with section 8.60.20 and, where applicable, the development's approval standards. 8.60.060: VIOLATIONS: It shall be unlawful: A. For any person, corporation, or utility to perform non -routine or major care of public tree without the express written consent of the City unless exempted by this Chapter; if a person questions whether a project would constitute a non - Ordinance - Pageu5 -buck 03.019 urban for ord edits following 5 1 19 council v'.doc- _ routine or major action, they shall contact the City for advice. Gene ily, n B. For any person, corporation, or utility to fasten any sign, card, poster, wire, rope or other material to or around or through any public tree, shrub, or its protective barrier, except authorized personnel in the event of an emergency. C. For any person, corporation, or utility to deposit, place, store, or maintain upon any public area of the city, any stone, brick, sand, concrete, or other materials which may impede the free passage of water, air, and/or fertilizer to the roots of any tree or shrub growing thereon. D. For any person, or their pet, corporation, or utility to take any action which would break, injure, mutilate, kill or destroy any public tree, shrub or other vegetation in any public park or public place, nor permit any toxic chemical or other injurious substance to seep, drain, or be emptied on or about any public tree, public place, or public park. E. For any person, corporation, or utility to fail to notify the City when any part of a public tree is damaged or destroyed, including the critical root zone. 8.60.070: PUBLIC NUISANCES- URBAN FOREST: The following are declared to be public nuisances: A. Public or private trees whose roots are lifting up into the right-of-way or upraising and cracking sidewalks or paths, curbs, or gutters. Ordinance -Page 6 _af ,,. chci:; p3=0_9 urban for ord edits following 5 1 19 council vZ.doce B. Public or private trees that are infested with diseases, pests, or insects that are detrimental to the health of the tree and any and all surrounding trees due to the spread of the disease. Examples of such infestations include, but are not limited to: any living or standing private or public elm tree or part thereof infected with the Dutch elm disease fungus Ceratocystis ulmi (Buisman) or which harbors any of the elm bark beetles Scolytus multistriatus (Marsham) or Hylurgopinus rufipes (Eichoff); any public or private dead elm tree or part thereof, including logs, branches, stumps, firewood, or other elm material not burned, sprayed with an effective elm bark beetle -destroying insecticide, or from which the bark has not been removed. C. Public or private trees whose branches and leaves which overhang any sidewalk or path, parkway or roadway present in such a manner to create a hazard to, or impediment to the progress or vision of, any person traveling on any right-of-way, street, sidewalk, or roadway, or which covers or impairs the view of any traffic control device by a person operating a motorized vehicle on a roadway. These nuisance hazards generally exist when the following conditions are met: Except as otherwise determined by the City for cause, branches that overhang sidewalks or paths or streets and are not pruned to provide sufficient vertical clearance of eight feet (8') above sidewalks or paths and twelve feet (12') above streets and alleys so as not to interfere with public travel, or on designated arterials and collectors, are not pruned to provide vertical clearance of fourteen and one-half feet (14.5') above streets. Ordinance - Page 7 r..doc. __ —pd Horizontal clearance shall be the width required to provide clearance for the entire sidewalk, street, or path. 2. Trees and other landscaping at uncontrolled local classified intersections which obstruct corner visibility and which, at a minimum, do not conform to Idaho Code § 49-221, which requires an unobstructed vision triangle measured forty feet (40') along each roadway from the intersection of the curb lines extended or the intersection of the property lines if no curbs exist, and/or sight triangles at intersections on streets classified other than residential which do not conform to the standards as set out in the "Bannock Transportation Planning Organization — Access Management Guidelines". D. Public or private trees that may endanger the security and usefulness of any public right-of-way, public sewer, water main, or other public utility. 8.60.080: ABATEMENT OF NUISANCES- URBAN FOREST: The following are the prescribed means of abating public nuisances under this chapter: A. Any tree or alternate host plant or part thereof (public or private) declared to be a public nuisance as set forth in 8.60.050 shall be pruned, removed, or otherwise treated in accordance with the requirements of this chapter. All costs for nuisance abatement are the responsibility of the property owner (private trees) or adjoining property owner (public trees). Ordinance - Page 8 ..,ban fer ord edits foilo inq 5 1 i' council —d c __ _ B. The City may cause a written notice to be personally served or sent by mail to the owner of the particular property. C. In the event the nuisance is not abated by the date specified in the notice, the City is authorized to cause the abatement of said nuisance. The reasonable cost of such abatement may be charged to the subject property owner. Monies which have not been recovered through the City bill -collection procedures may result in a lien against the property or assessed on taxes as provide for in Idaho Code Title 50. In addition, the property owner upon which the nuisance is located may be subject to prosecution under this chapter, or any other chapter of the City Code or the Idaho Code for maintaining a public nuisance. D. The City is empowered to cause the immediate abatement of any nuisance if it is determined to be an emergency or immediate hazard to public safety. E. If the City determines that disposal of the wood, branches and soil from removal or pruning of a nuisance tree is required to complete abatement, such disposal shall be done as required by the City. All costs associated with the disposal of material from trees shall be the responsibility of the property owner (private trees) or the adjoining property owner (public trees). F. No tree growing near a sidewalk or path shall be cut down or removed solely because of the interference it causes or may cause with a sidewalk, unless the City in coordination with the City Engineer finds that the sidewalk cannot reasonably be reconstructed without removal of the tree. When feasible, sidewalks shall be reconstructed around trees so that trees are not removed solely to facilitate construction of sidewalks. The cost for the reconstruction of the sidewalk shall be Ordinance - Page 9 :can fer ord edits following 5 _=01; the responsibility of the property owner (private trees) or the adjoining property owner (public trees). 8.60.090: APPEAL A. Any person affected by an order, grant, denial, or revocation of a license or permit by the City may appeal such order, grant, denial, or revocation to the City Council. B. Appeals for the granting, denial, or revocation of a license or permit shall be filed in writing and be submitted to the City within ten (10) calendar days of the date of notification of the City's ruling. Appeals for orders shall be filed in writing and be submitted to the City at least forty-eight (48) hours prior to the ordered deadline. C. The appeal shall be heard by the City Council. Action by the City and the appellant shall be delayed until the decision of the City Council is rendered. D. The City Council may, in conformity with the provisions of this chapter, reverse or affirm or modify wholly or partly, the order, grant, denial or revocation of any permit and the decision of the City. E. The decision of the City Council shall be final. 8.60.100: PENALTIES: A. A violation of any provision of this chapter may be a misdemeanor punishable by a fine of up to three hundred dollars ($300.00) and/or six (6) months in the county jail. Additionally, the City may seek civil remedies for damages and to enjoin the continued violation of this chapter. Ordinance - Page 10 0Ka19 urban for ord edits following 5 1 1' cocn�il -r ec. __ -qed—e. _ B. In the event that any person removes, destroys, or damages any public tree except as otherwise required by law, that person shall be required to replace such tree with a tree(s) of equivalent dollar value on public property as determined with accepted plant appraisal methods set forth in the I Od' edition of The Guide for Plant Appraisal published by the International Society of Arboriculture or the same as may be amended from time -to -time. If no suitable location exists in the vicinity of the tree removed or if the replacement tree(s) is of lesser value, the person causing the tree to be removed shall make a compensatory payment to the City of Chubbuck equal to the difference in value between the tree removed and any replacement tree(s). Any public tree that is determined by the City to be damaged, but not sufficiently to justify its removal, shall be considered to be devalued. The amount of devaluation shall be paid to the City by the person causing the damage. Compensatory payments shall be paid into a fund established for that purpose and restricted to use for community forestry programs. Nothing in this Ordinance shall prohibit the City of Chubbuck from negotiating agreements with other governmental entitles regarding penalties and compensatory payment for removal, damage or destruction of public trees. Ordinance - Page 11 chabbuck 032019 urt— . ord edits following 5 1 19 council ✓L doc 9_2011 _ ADWNISTRATNE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. 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 dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this" day of M,, 2019. Kevin B. England, MAYOR ATTEST: oe wers, CITY CLERK Ordinance - Page 12 for ord edits=eilowin4 5 1 19 council v2.doc - '- SUMMARY OF ORDINANCE NO. 792 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho. repealing Chapter 2.34, `'Tree Advisory Committee" of the Chubbuck Municipal Code, adopting Chapter 8.60, "Urban Forest Protection"; providing for definitions; providing for the authority of the city to regulate trees; enforce restrictions or removal of trees that are a nuisance; requiring new development to include trees conforming to the city's landscaping requirements; providing all planting must comply with site triangle restrictions; providing the city has the authority to control or remove trees in the public right of way: providing for the care of" public trees and providing adjacent property owners have a responsibility for public tree care; defining violations of chapter 8.60 and penalties for such violations, defining public nuisances caused by trees and providing for the abatement thereof; providing an appeal procedure; providing for the repeal of conflicting ordinances; providing for the severability of the provisions of this ordinance; providing when this ordinance shall be in effect. The full text of this ordinance is available at the City C'lerk's Office. Chubbuck City Offices, 5160 Yellowstone, Chubbuck. iD 83202. 1 have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 792 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this day of May, 2019. SUMMARY OF ORDINANCE - Page 1 chubbuck 051519 urb forst ord summpd