HomeMy WebLinkAbout0792 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Municipal Code is repealed.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