COUNCIL COMMUNICATION

Similar documents
COUNCIL COMMUNICATION

COUNCIL COMMUNICATION

ORDINANCE NO

CITY OF SAN MATEO ORDINANCE NO

Council of the City of York, PA Session 2008 Bill No. Ordinance No. INTRODUCED BY: Genevieve Ray DATE: November 18, 2008

ORDINANCE NO AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF

ORDINANCE 2009-_15_ WATER CONSERVATION POLICY

WATER CONSERVATION ORDINANCE FOR LANDSCAPE IRRIGATION ORDINANCE N

CITY OF PALM BEACH GARDENS ORDINANCE NO. 12, 2002

ORDINANCE NO. 430 REGARDING WATER CONSERVATION

ORDINANCE O-152. (B) Title. This ordinance shall be known as the City of Saginaw Outdoor and Open Burning Ordinance.

Town of Florence Florence County, WI DRIVEWAY ORDINANCE

ANN ARBOR CITY NOTICE ORDINANCE NO. ORD ALARM SYSTEMS

Preserve the Flower and Strawberry Fields and Save Carlsbad Taxpayers* Money

ORDINANCE NO BOARD OF SUPERVISORS, COUNTY OF SAN MATEO STATE OF CALIFORNIA

2430 Roman Forest Blvd. Ray Ricks Roman Forest, Texas Ordinance No. 215-A

CITY OF GRETNA, NEBRASKA ORDINANCE 804 AN ORDINANCE CREATING CHAPTER 10 BUSINESS REGULATIONS, ARTICLE 12, ALARM SYSTEMS; TO DEFINE ALARMS; REQUIRING

EXHIBIT A BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BELLEVUE, NEBRASKA.

ORDINANCE NO AN ORDINANCE OF THE CITY COMMISSION OF WINTER GARDEN,

MEMORANDUM. TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR

ORDINANCE NO WHEREAS, the City provided the proposed code amendments to the Washington State Department of Commerce on September 20, 2017; and

TOWN OF NEWTON MANITOWOC COUNTY, WISCONSIN ORDINANCE NO AN ORDINANCE TO REGULATE SOLID FUEL-FIRED OUTDOOR HEATING DEVICES

LOT 1, SPRINGVALE SUBDIVISION DATE: APRIL 16, 2015

WHEREAS, the City of Albany has adopted a Fire Prevention Regulations in the form of Chapter XI of the Albany Municipal Code; and

City of Sheridan Landscape Plan Checklist

CITY OF ST. AUGUSTA STEARNS COUNTY MINNESOTA ORDIANCE NO AN ORDINANCE ESTABLISHING REGULATIONS FOR STORMWATER MANAGEMENT

WHEREAS, a number of these buildings are potentially historic structures;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS:

ORDINANCE WHEREAS, this Ordinance is consistent with the City of Winter Garden Comprehensive Plan; and

CITY OF MORROW, GEORGIA November 23, 2010 Regular Meeting 7:30 pm

ORDINANCE NO /2008

ORDINANCE NO

First Published in the Wichita Eagle on DELINEATED 10/02/2010 ORDINANCE NO.

WASHINGTON TERRACE CITY ORDINANCE LANDSCAPING AMENDED

MEMORANDUM November 9, 2016

ORDINANCE NO WHEREAS, the City of Kalama has many areas of timberland and open areas inside its City limits adjacent to residential areas;

CHAPTER 7 FIRE PREVENTION AND FIRE PROTECTION PART 1 OUTDOOR FIRES

The maximum amounts shown in the Engineer s Report for each of those categories for FY 2008/09 are as follows (per house/per year):

For the purposes of this chapter, the words and terms used herein are defined as follows:

YORK COUNTY GOVERNMENT

Sec False alarms.

ORDINANCE NO. Establishing Fire and Life Safety Requirements for Existing Multi-Family Residential Buildings Classified as Group R, Division Occupancy

DISTRICT OF PORT HARDY BYLAW A BYLAW TO ESTABLISH AND REGULATE THE DISTRICT OF PORT HARDY FIRE DEPARTMENT

VILLAGE OF DOWNERS GROVE Report for the Village Council Meeting

Je'k'k'kJsjeje'k'k'k'k'k'kTk'k'k'k'kjeje'k'k'k'k'k'k'k'k'kje'fe'kjc'kjfjc'k'kjejejeje'kjejejejc'k'k'k'k

ORDINANCE NO , Series of , AND OF THE PARKER MUNICIPAL CODE CONCERNING THE PARKER FIRE PROTECTION CODE

maintaining the health, safety and welfare of the citizens of the City and its visitors; and

TOWNSHIP OF FAIRFIELD ORDINANCE #

THE VILLAGE OF HAWTHORN WOODS PLUMBING CODE

Tennessee Code/TITLE 62 PROFESSIONS, BUSINESSES AND TRADES/CHAPTER 32 FIRE PROTECTION/PART 1 FIRE PROTECTION SPRINKLER SYSTEMS

Town of Bridgton FIRE PROTECTION AND LIFE SAFETY ORDINANCE

City of Highland Park, MI Tree Ordinance

FIRE PREVENTION AND PROTECTION*

PRELIMINARY DEVELOPMENT PLAN REVIEW - CITY OF MARYLAND HEIGHTS

V-5 TREE PROTECTION AND LANDSCAPING REQUIREMENTS

LEE COUNTY ORDINANCE NO

REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS

Public Notice of Amendment to New Shoreham General Ordinances Chapter 5 Fire Prevention and Protection New Article IV Fire Alarm Ordinance

Garden Grove Municipal Code Code Listing Basic Search Advanced Search City Home

CHESAPEAKE LANDSCAPE ORDINANCE

THE CORPORATION OF THE CITY OF BELLEVILLE BY-LAW NUMBER BEING A BY-LAW TO ESTABLISH AND REGULATE A FIRE DEPARTMENT AND EMERGENCY SERVICES

Ordinance Implementing LID through Amendments to Landscape Regulations Ordinance #9 CITY OF MOUNTLAKE TERRACE ORDINANCE NO.

ORDINANCE NO

PLANNING COMMISSION Work Session Meeting Agenda

Christopher M. Price, AICP Director of Planning February 7, 2014 STAFF REPORT

ASHLAND RANCH COMMUNITY ASSOCIATION ARCHITECTURAL / LANDSCAPE GUIDELINES

RESOLUTION NO. WHEREAS, the City of Riverdale (the City ) has a planning commission and has adopted a general plan pursuant to applicable law; and

This chapter shall be known as the "City of Bayfield Alarm Systems Ordinance."

BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE FENTON FIRE PROTECTION DISTRICT OF ST. LOUIS COUNTY, MISSOURI AS FOLLOWS:

BIRCH RUN TOWNSHIP SAGINAW COUNTY, MICHIGAN ORDINANCE # ALARM SYSTEM ORDINANCE

THE TOWN OF MIDLAND BY-LAW A By-law to regulate open air burning in the Town of Midland and to repeal By-laws and

PUTNAM COUNTY COMMISSIONERS PUTNAM COUNTY, FLORIDA AGENDA ITEM

least as effective as" requirement of state law, minimize the complexity and cost of compliance, and provide consistency between local jurisdictions.

CITY OF VACAVILLE PLANNING COMMISSION Agenda Item No. G. 1 STAFF REPORT August 4, Staff Contact: Tricia Shortridge (707)

ORDINANCE NO The City Council of the City of Rocklin hereby ordains as follows:

ARTICLE 17 SITE PLAN REVIEW

Glenborough at Easton Land Use Master Plan

TITLE 17 TOWN OF BRIDGEWATER PROPERTY BOUNDARIES AND PLANTINGS

ARLINGTON COUNTY CODE. Chapter 33 SECURITY ALARMS*

CITY OF LOCKPORT FIRE SPRINKLER & FIRE ALARM SYSTEM INSTALLATION ASSISTANCE PROGRAM

RESOLUTION NO. WHEREAS, the proposed Master Plan for Villa Esperanza (VE), located at 2116

Palmdale Municipal Code (Excerpts) Title 14: ENVIRONMENTAL MANAGEMENT Chapter 14.04: JOSHUA TREE AND NATIVE DESERT VEGETATION PRESERVATION

CHAPTER 4 POLICE DEPARTMENT PAGE NO.

drought in recorded history in 2002 and

CITY OF SIGNAL HILL Cherry Avenue Signal Hill, CA

ARLINGTON COUNTY, VIRGINIA

COUNTY COUNCIL OF PRINCE GEORGE'S COUNTY, MARYLAND SITTING AS THE DISTRICT COUNCIL 2010 Legislative Session. Council Members Dernoga and Olson

By-law Number The Corporation of the City of Brantford

DRAFT FOR COMMENT: EASTLAKE AVENUE PEDESTRIAN DISTRICT OVERLAY ORDINANCE

CITY OF DEERFIELD BEACH Request for City Commission Agenda

Ephrata Municipal Code, Chapter 19.07, Landscaping Regulations DRAFT January 28, 2013 Page 1

6, tdsm BOARD AGENDA #

ORDINANCE NO

BILL NO ORDINANCE NO. 5238

STAFF REPORT TO THE CITY COUNCIL. Conduct Public Hearing to vacate certain public right of way adjacent to Sycamore Avenue and San Pablo Avenue

ORDINANCE NO IT IS HEREBY ENACTED AND ORDAINED by the Borough Council of the Borough

ORDINANCE #12-32 AMENDING VARIOUS PROVISIONS OF CHAPTER 58 DE PERE MUNICIPAL CODE REGARDING FIRE PREVENTION

MINUTES OF TOWN BOARD MEETING HELD ON OCTOBER 18, 2017 AT 7:00 PM AT TOWN HALL, ONE OVEROCKER ROAD POUGHKEEPSIE, NEW YORK

FIRE PROTECTION AND EMERGENCY SERVICES BYLAW

BIRCH RUN TOWNSHIP SAGINAW COUNTY, MICHIGAN ORDINANCE NO ALARM SYSTEM ORDINANCE AMENDMENT

Transcription:

Meeting Date: June 12, 2018 COUNCIL COMMUNICATION Agenda Item: Agenda Location: Public Hearings Goal(s): Legal Review: X 1 st Reading 2 nd Reading Subject: An ordinance amending Section 18-556 of the Thornton City Code regarding landscaping maintenance requirements. Recommended by: Jeff Coder Approved by: Kevin S. Woods Ordinance previously introduced by: Presenter(s): Robin Brown, Senior City Development Analyst SYNOPSIS: The landscaping provisions in Chapter 18 of the City Code currently require the removal of all dead trees. The proposed amendments will eliminate this general landscaping maintenance requirement, but continue to require the removal of dead or dying plants and shrubs. Properties with an approved landscaping plan will still be required to remove and replace dead or dying trees, shrubs, and plants. Trees that are considered a safety concern will continue to be addressed through the enforcement provisions in Chapter 46. RECOMMENDATION: Staff recommends Alternative No.1, approval of the ordinance regarding the proposed amendments that will allow property owners and residents to remove dead trees as their personal and financial situation allows, while still requiring compliance with any approved landscaping plan. BUDGET/STAFF IMPLICATIONS: None anticipated. ALTERNATIVES: 1. Approve the ordinance as drafted to eliminate the requirement for property owners to remove dead or dying trees for the purpose of property maintenance only and continue to require properties to comply with an approved landscaping plan. 2. Approve the ordinance with changes directed by Council. 3. Do not approve the ordinance and continue to require property owners to remove all dead trees. BACKGROUND (ANALYSIS/NEXT STEPS/HISTORY): Staff estimates there are hundreds of dead trees on private property throughout the City, of various sizes and in various conditions. The cost to remove dead trees depends on the tree s size, its location on the lot, and its proximity to structures or power lines; estimated costs range from a few hundred to several thousand dollars. Many owners have intent to remove the dead tree(s), but need time to plan for the financial impact. Council discussed this item at a Planning Session on March 27, 2018 and gave direction to prepare the attached City Code amendments. Council also discussed this item at a Planning Session on August 29, 2017.

COUNCIL COMMUNICATION PAGE 2 In August 2016, Code Compliance staff were directed to suspend enforcement of the City Code Chapter 18 provisions that require property owners to remove dead trees for maintenance and aesthetic reasons. The suspension was based on Council s desire to evaluate concerns expressed by a resident at a City Council meeting. The resident disagreed with the tree removal requirement and was concerned about the financial burden of removing a dead tree that was not deemed hazardous or diseased. This enforcement suspension did not include commercial, multifamily, and other properties that have a landscaping plan that was approved as a part of the development or redevelopment process. Most single-family homes, as well as older commercial and multifamily properties, do not have approved landscaping plans. Therefore, property owners and residents at these locations must comply with the general landscaping maintenance provisions in the City Code. Chapter 46 of the City Code allows the City Forester to address diseased trees and trees that present a threat to the public health and safety. PUBLIC NOTICE AND RESPONSE: Notice of the public hearing was advertised in the Northglenn-Thornton Sentinel on May 31, 2018.

INTRODUCED BY: AN ORDINANCE AMENDING SECTION 18-556 OF THE THORNTON CITY CODE REGARDING LANDSCAPING MAINTENANCE REQUIREMENTS. WHEREAS, Chapter 18, also known as the Development Code, includes requirements and standards for permitted land uses in the City of Thornton; and WHEREAS, the Development Code includes specific landscaping maintenance standards that apply to all developed lots in Thornton, including the requirement for removal of all dead trees; and WHEREAS, Chapter 46 of the Code includes a process by which diseased and hazardous trees can be removed, thus ensuring the safety of the community; and WHEREAS, the general maintenance requirements in Chapter 18 need to be amended to avoid duplicity and clarify maintenance expectations regarding trees, shrubs, and plants; and WHEREAS, the City finds these Code amendments are necessary to promote public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS: 1. Section 18-556 of the Thornton City Code is hereby amended by the deletion of the words stricken and the addition of the words doubleunderlined to read as follows: Sec. 18-556. - Maintenance requirements. (a) The property owner, developer, tenant, homeowners' association or special district which has assumed landscape maintenance responsibility shall keep all landscaping in a well-maintained and healthy growing condition. This means at a minimum taking the following actions as needed: (1) Regular mmowing, irrigatingon, weeding, fertilizing, pruning, and other maintenance appropriate for the type of all outside plant materials in the property. (2) Removal of trash, litter, weeds. (3) Treating plant materials that exhibit evidence of insect, pest or disease damage.

(5)(4) Replacement ofremoving dead or dying plants and shrubs materials with specimens in good and healthy growing condition shall promote the intent and purpose of water-wise landscaping principles. (6)(5) Removing and Rreplacing dead plant materials, including trees, that are required by an approved landscaping plan within one month of their death or written notice of condition, except that during adverse weather conditions a longer period, not to exceed nine months, may be granted by the department. (7)(6) Replenishing natural landscape materials such as mulch, which no longer cover the area in which they were originally deposited so as to achieve full coverage to a minimum depth of three inches. (8)(7) Repairing, replacing or maintaining landscaping structural features, including but not limited to fountains, reflecting pools, outdoor artwork, screening walls, retaining walls, fences, benches or other street furniture elements, as necessary to maintain these items in good condition, if readily seen from an adjoining street, sidewalk or city-designated trail, park, landscape or open space area. (9)(8) Any other action necessary to maintain landscaping installed in accordance with an approved landscape plan. (b) (c) The property owner, developer, tenant, homeowners' association or special district which has assumed landscape maintenance responsibility shall be responsible for the maintenance of the right-of-way landscape, unless maintenance responsibility has been specifically assigned to a different entity through the development permit process, or as specified in a recorded developer's agreement. All landscape plantings and natural and manmade landscaping features required by an approved development permit shall be subject to periodic inspection by the city when necessary to ensure compliance with this chapter. 2. If any portion of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the constitutionality or validity of the remaining portions of this ordinance. City Council hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared unconstitutional or invalid. 2

3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. 4. The repeal or amendment of any provision of the Code by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. 5. This ordinance shall take effect upon final passage. INTRODUCED, READ, PASSED on first reading, ordered posted in full, and title ordered published by the City Council of the City of Thornton, Colorado, on, 2018. PASSED AND ADOPTED on second and final reading on, 2018. CITY OF THORNTON, COLORADO ATTEST: Heidi K. Williams, Mayor Kristen N. Rosenbaum, City Clerk THIS ORDINANCE IS ON FILE IN THE CITY CLERK S OFFICE FOR PUBLIC INSPECTION. APPROVED AS TO LEGAL FORM: Luis A. Corchado, City Attorney 3

PUBLICATION: Posted in six (6) public places after first and second readings. Published in the Northglenn-Thornton Sentinel after first reading on, 2018, and after second and final reading on, 2018. 4