For the purpose of this article, certain terms are defined as set forth herein. As used in this article, masculine, feminine or neutral gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. The word "shall", "will" or "must" is always mandatory; the word "may" is permissive; and the word "should" indicates that which is recommended but not required.
APPLICANT: See definition of Controller.
BARK/WOOD CHIPS: A medium sized solid material made by cutting, or chipping, larger pieces of wood and/or bark. Must be a minimum size of two inches (2").
BERM: An earthen mound designed to screen undesirable views and/or to decrease noise.
BOISE RIVER CORRIDOR: Land in proximity to the Boise River as it flows through Caldwell. The corridor extends outward a distance of one hundred fifty feet (150') from the banks' high water mark. Landscaping plans for projects within this corridor are subject to landscape plan design review.
BOULDER AND ROCK SLAB: A rock possessing an overall surface area greater than one square foot. These large rocks are not considered hardscape materials and may be used for landscape purposes.
BUFFER: A combination of physical space and vertical elements, including, but not limited to, trees, shrubs, berms, fences, and/or walls that separate and screen incompatible land uses from one another.
CALIPER: See section 10-08-01, "Definitions", of this chapter.
CERTIFICATE OF COMPLIANCE: Official certificate issued by the planning and zoning department for mobile food units and/or for a project that does not require a building permit, but does have planning and zoning requirements as per the zoning ordinance, and such issuance signifies that said project conforms to all provisions of city ordinances, codes and policies related to planning and zoning requirements. Not applicable to internal or city projects.
CERTIFICATE OF OCCUPANCY: See section 12-01-17 of this code.
CITY CENTER ZONING DISTRICT: Downtown Caldwell (see article 12 of this chapter). The city center zoning district shall have its own landscaping requirements.
CLASS 1, 2, AND 3 TREES: Classes of trees listed in section 10-08-02 of this chapter. Class 1 trees are usually small and ornamental; class 2 trees are appropriate for street planning and are medium to large in size and shape; class 3 trees are large and require considerable amounts of open space.
COMMON LOT: A platted lot separate from individual building lots, owned in common, generally provided for the shared use of property owners or tenants and is maintained by the controller or a homeowners' or business owners' association.
CONTROLLER: Every person or association (owner, agent, tenant, occupant, contractor, developer and/or lessee) who exercises care, custody and control of real property, to include that abutting a right of way upon which a public tree or shrub is located. As applied to the subdivision or development process, the controller is understood to be the property owner, association or person representing the property owner's interest with responsibility for abiding by the city's standards, rules, regulations, policies, codes and ordinances. A person or entity who is applying to the city for a license, certification or permit.
DEVELOPMENT: Any project or use of land, regardless of zone, that will require a certificate of compliance, certificate of occupancy, special use permit, subdivision plat or a planned unit development.
DOWNTOWN: The city center zoning district (see article 12 of this chapter). The city center zoning district shall have its own landscaping requirements.
DRIP LINE: A boundary of the soil surface delineated by the branch spread of a single plant or a group of plants.
DRY LANDSCAPING: The use of a combination of various types of hardscape, boulders, rock slabs and/or vegetation not requiring irrigation, or requiring very minimal irrigation, to cover a required landscaping area and only allowed in instances where city water is being utilized for irrigation or the property does not have a surface irrigation water right or viable delivery point or a private irrigation system is being utilized.
FOR FEE CONTRACTOR: A person who engages in the care and maintenance of landscape and trees. This individual shall be licensed and certified according to the provisions identified in section 10-08-02 of this chapter.
FRONTAGE: The width of the property at the front of the lot as measured along the street frontage. The width of the property fronting a public street. Regarding corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage. Frontage shall also mean any property line which abuts an existing or proposed public street.
GATEWAY STREET/MAJOR ENTRANCE AREAS: (1) Both sides of Blaine Street from the easterly side of the city center district (12th Avenue) to the intersection where Blaine Street and Cleveland Boulevard merge;
(2) Both sides of Cleveland Boulevard from the easterly side of the city center district (12th Avenue) to Homedale Road;
(3) Both sides of 21st Avenue between Franklin Road and Cleveland Boulevard;
(4) Both sides of 10th Avenue south of I-84 to the northerly side of the city center district (railroad tracks).
HARDSCAPE MATERIAL: Stone, rock, gravel, lava rock or other similar materials. For purposes of this article, boulder and rock slab are not considered hardscape materials; rather, they are considered accent and safety landscape features (see definition of Boulder And Rock Slab).
INDIAN CREEK CORRIDOR: Land in proximity to Indian Creek as it flows through Caldwell. The corridor extends outward a distance of one hundred fifty feet (150') from the banks' high water mark. Any portion of a piece of property that exists within the one hundred fifty feet (150') from the banks' high water mark classifies the entire piece of property as existing completely within the Indian Creek corridor and thus having to comply with all rules relating to development within the Indian Creek corridor. Landscaping plans submitted within this corridor are subject to landscape plan design review.
LANDSCAPE, LANDSCAPING AND LANDSCAPING AREA: The installation and permanent maintenance of an area with trees, shrubs, lawn and vegetative and/or nonvegetative ground cover, hardscape, boulders, rock slabs, Xeriscape and/or dry landscaping.
LANDSCAPE PLANTER ISLANDS: Interior parking lot landscape islands encased in curbing material installed to provide visual relief from the expanse of asphalt, while protecting the landscape from vehicular injury.
MAINTENANCE: Watering, weeding, pruning, mowing, litter removal, pest control, and the removal or repair of items needed to maintain a neat, well kept, orderly, living, healthy landscape appearance.
MAJOR PATHWAY: A pathway required in all subdivisions or developments that contain any type of residential dwellings that provides external, public pedestrian connectivity to and from and through the subdivision and/or development and is for the use of the general public as well as the residents of the subdivision or development and their guests.
MICRO PATHWAY: Any pathway within a subdivision or development meant to provide internal pedestrian connectivity and meant only for the residents of the subdivision or development and their guests (not meant for general public use).
MULCH: A protective covering placed around plants to prevent the evaporation of moisture, the freezing of roots and the growth of weeds.
NATURAL AREA: An area that possesses unimproved natural features that include existing wetlands, rock outcroppings, ponds and creeks, or groves of trees left undeveloped in their natural state.
NUISANCE: Any condition or use of the premises which is detrimental to the premises of others or which causes, or tends to cause, material diminution in the value of other premises in the neighborhood or which creates a condition tending to promote blight and deterioration, invites plundering, creates fire or traffic hazards, constitutes an unattractive nuisance, creates a harbor for rodents or insects or otherwise is injurious to the health, safety and general welfare of the inhabitants of the city.
PERSON: Any person, firm, partnership, corporation, association, company or organization of any kind.
PHASED DEVELOPMENT: The developing or subdividing of a lot, tract or parcel of land in phases or the controller's development, redevelopment, subdivision or resubdivision of contiguous parcels.
PLANT: Any tree, shrub, lawn or other vegetative ground cover that is not poisonous, toxic or otherwise a nuisance.
PRUNING: The removal of plant parts, dead or alive, in a careful and systematic manner so as not to damage other parts of the plant or the tree as a whole.
PUBLIC RIGHT 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. Right of way is utilized for placement of streets, alleys, sidewalks, trees, parkways, lawn, public utilities, cut and fill slopes, and open space. Right of way is acquired in keeping with the roadway's functionality as listed on the Canyon County functionally classified roadway map or any functional class/street highway master plans adopted by the city of Caldwell.
PUBLICLY DEDICATED: All Caldwell citizens have access to publicly dedicated areas. Areas that are cordoned as to limit public access, such as a gated community, do not meet this public dedication definition.
SHRUB: A multiple stemmed, woody plant whose height at maturity is between three (3) and fifteen feet (15').
SOFTSCAPE MATERIALS: Bark, wood chips, mulch, and similar materials.
STREET TREE LIST: The list of acceptable trees located within the public right of way (see section 10-08-02 of this chapter).
STREETS: Highways, roads, alleys and bridges, dedicated, purchased or otherwise acquired for the public, including the unimproved or unused portion thereof, maintained and open to use by the public, including sidewalks, parkways and special tree planting easements adjacent to a street granted by property owners.
SUBDIVISION: See definition of "subdivision" in chapter 11 of this code.
TREE: A woody perennial plant usually having one main stem or trunk and many branches; it usually exceeds fifteen feet (15') in height at maturity.
UTILITY EASEMENT: An easement established for the placement of sewer, water and/or other utility conveyances such as gas, cable and telephone.
VEHICLES: Vehicles include the following:
Motor Vehicles: Self-propelled devices used for transportation of people or goods over land surfaces and licensed as a motor vehicle.
Off Road Vehicles: Those designed for use on a variety of nonimproved surfaces and including dune buggies and all-terrain vehicles, snowmobiles, trail bikes, mopeds, and motor bikes.
Passenger Vehicles: Those with no more than two (2) axles and/or four (4) wheels, not more than four thousand five hundred (4,500) pounds in gross weight, and designed primarily for the transport of persons.
Recreational Vehicles: Those with a vehicular type portable structure without permanent foundation that can be towed, hauled, or driven and primarily designed as temporarily living accommodation for recreational, camping, and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes.
Trailers: Structures standing on wheels, towed or hauled by another vehicle, and used for short term human occupancy, carrying of materials, goods, or objects, or as temporary offices.
VISION TRIANGLE: A protected vision area established to ensure that drivers have an unobstructed view as they come upon a driveway access, alleyway or intersection. Measuring from the projected intersection of the roadway edge a distance of forty feet (40') along each roadway edge and connecting the two (2) points with a straight line defines the boundaries of a vision triangle at the intersection of two (2) roads.
WEEDS: Undesirable plant growth that is unkempt, unsightly, deleterious and/or injurious to the public. Weeds include noxious weeds, grasses, unkempt bushes and any plant meeting this description. The Canyon County weed control department keeps a list of weeds that are considered noxious.
XERISCAPE: Nontraditional water conservation landscaping or dry landscaping permitted as a landscape substitute. (Ord. 2661, 1-7-2008; Ord. 2755, 9-22-2008; Ord. 2805, 11-2-2009; Ord. 2865, 6-20-2011; Ord. 3010, 11-16-2015)