6-7-3: EXPENDITURES:

The committee may expend, subject to the approval of the city council, funds and goods that it receives from public or private sources. (Ord. 300, 9-9-1997)

6-7-4: REGULATIONS:

   A.   Irrigation: All persons occupying commercial or industrial property shall design and develop it with a pressurized irrigation system in accordance with the Eagle design review ordinance 1 . 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 rights of way, public lands, entrances to subdivisions or commercial or industrial district property within the city.

   C.   Perimeter Screening: When perimeter screening is required by this code, it shall be done in a manner approved by the committee.

   D.   Subdivision: Notwithstanding any other provision in this 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 after approval by the city of the subdivision final plat. The developer shall maintain the entrance until it is conveyed to a homeowners' association or another entity able to consistently maintain the entrance. (Ord. 300, 9-9-1997)

 

Notes

1	1. See title 8, chapter 2, article A of this code.

6-7-5: TREE PLANTING:

No person shall plant a tree in or upon a public right of way, public land, entrance to a subdivision or commercial or industrial 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 Ada County highway district. Applications for tree planting shall be filed with the zoning administrator. (Ord. 300, 9-9-1997)

6-7-6: REMOVAL OF TREES:

No person shall remove a tree from a public right of way, public land, or commercial or industrial district property within the city without submitting an application to the city and obtaining the city’s approval thereon. Applications for tree removal shall be filed with the zoning administrator. (Ord. 300, 9-9-1997; amd. Ord. 820, 12-10-2019; amd. Ord. 868, 8-8-2022)

6-7-7: REMOVAL OF TRAFFIC HAZARDS:

   A.   It shall be the responsibility of the owner of the property to remove from his or her property any tree, shrub or other vegetation obstructing sight so as to constitute a traffic hazard. Sight obstruction shall not extend more than three feet (3') 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 feet (40') 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 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. (Ord. 300, 9-9-1997)

6-7-8: PRUNING:

   A.   All trees and shrubs located within an entrance to a subdivision shall be pruned by the developer or the homeowners' association.

   B.   All 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.   All trees and shrubs located upon property within a commercial or industrial district within the city shall be pruned by the owner of said property or the person occupying the property.

   D.   Pruning shall not be done in a manner that negatively impacts the shape of the tree, as shall be determined by the city. Exceptions may be permitted if approved in writing by the city in cases such as when undesirable pruning is needed to protect overhead utility lines. (Ord. 300, 9-9-1997)

6-7-9: INJURIOUS PESTS OR DISEASES:

   A.   All injurious pests and diseases infecting any tree within the city are hereby declared to be public nuisances.

   B.   The owner of the property abutting a public right of way, public land, entrance to a subdivision or commercial or industrial district property within the city, the trees or shrubs upon which property are infected with any injurious pests or diseases, 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 right of way, public land, entrance to a subdivision or commercial or industrial district property. (Ord. 300, 9-9-1997)

6-7-10: ACTION BY THE 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 or industrial 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 of disease, under the supervision of the zoning administrator. (Ord. 300, 9-9-1997)

6-7-11: 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 or industrial district property. (Ord. 300, 9-9-1997)