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0598 Landscaping and Tree Replacement 2005CITY OF CHUBBUCK, IDAHO ORDINANCE NO. �I AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADDING SECTION 18.14.020 (D)(4) TO PROVIDE ANY AREA WITHIN THE RIGHT OF WAY SHALL BE LANDSCAPED IF NOT COVERED BY PAVEMENT, CURB, GUTTER OR SIDEWALK; ADDING SECTION 18.14.050 TO REQUIRE THAT ANY TREES REMOVED DURING DEVELOPMENT BE REPLACED; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF 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. Section 18.14.020 (D)(4) is hereby added to the Chubbuck Municipal Code: 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. Section 2. Section 18.14.050 is hereby added: 18.14.050. Replacement of Trees. When trees along a roadway or public right of way are removed, due to road construction, widening or realignment, these trees shall be replaced with the following ratio: A. Each removed tree of six (6) -inch diameter or greater shall be replaced with a minimum of one (1) tree every fifty (50) feet of available planting space. Replacement trees shall be not less than one and one-half (1 %z) inches in diameter. B. A tree shall be planted no more than twenty (20) feet from the inside edge of the sidewalk or property line, or such other distance as maybe approved by the City to accommodate utilities or other such items with which the trees might interfere, and a distance of fifty (50) feet between each tree shall be adhered to for frontage space in accordance with the existing city ordinances, unless grouped if allowed by city ordinance. The type or species of trees to be planted shall be approved by the City and on the City's list of trees approved by the city. C. Cul-de-sacs or odd -sized frontages of less than seventy-five (75) feet will be evaluated on an individual basis in regard to placement of trees. A minimum of one (1) tree centered in fifty (50) feet of frontage is required. D. Modifications may be made in accordance with existing ordinances as applied by the Design Review Committee in cooperation with the Tree Committee's recommendations. Ordinance - Page 1 chubbuck03.18.05 ord 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 Chapter 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 26th day of O -LY 12005. 4ohn O. Cotant, MAYOR ATTEST: Ron Conlin, CITY CLERK Ordinance - Page 2 chubbuck03.18.05 ord