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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)
(1) Purpose: To promote landscaping and tree installation and maintenance and to preserve and protect riparian, wetland and wildlife areas in the city of Caldwell that will improve community livability, protect property values, preserve the quality of life and improve the city's general appearance, economic viability and environmental health. (Ord. 2661, 1-7-2008)
(2) Application: This article shall apply in the following situations:
A. Residential subdivisions and/or developments. (Ord. 2755, 9-22-2008)
B. Commercial subdivision(s) and/or development(s).
C. Industrial subdivision(s) and/or development(s).
D. Special use permits. (Ord. 2661, 1-7-2008)
E. Subdivisions and/or developments with riparian, wetlands, and/or wildlife areas. (Ord. 2661, 1-7-2008; Ord. 2755, 9-22-2008)
F. All mixed use subdivision(s) and/or development(s). (Ord. 2755, 9-22-2008)
G. Planned unit developments.
H. Manufactured home parks. (Ord. 2661, 1-7-2008; Ord. 2755, 9-22-2008)
I. Rezones, annexations, or simple lot splits. (Ord. 3156, 7-16-2018)
J. New construction, exterior remodeling, exterior renovation, complete rebuilds, and additions.
K. Change of use. (Ord. 2967, 7-21-2014)
L. Uses, buildings, or properties that have been vacant or without a tenant for a period exceeding twelve (12) consecutive months. (Ord. 3102, 9-5-2017)
(1) Plan Preparation:
A. Landscaping plans shall be prepared by a landscape architect, a landscape designer or a qualified nursery person.
B. Landscape plans shall be stamped by a licensed landscape architect.
(2) Plan Requirements:
A. Detailed plan at a scale no smaller than one inch equals fifty feet (1" = 50'). (Ord. 2661, 1-7-2008)
B. If off street parking and/or bicycle parking is applicable, the following must be shown:
1. All required individual parking and bicycle parking and loading spaces with typical dimensions.
2. A note listing the required number of parking spaces and bicycle parking spaces.
3. A note listing the provided number of parking spaces and bicycle parking spaces. The provided number of parking spaces and bicycle parking spaces shall equal or exceed the required number of parking spaces and bicycle parking spaces. (Ord. 2805, 11-2-2009)
4. Circulation area required to serve the parking spaces with typical dimensions.
C. Note indicating the presence, or lack thereof, of existing trees, shrubs, etc.
D. Approximate size and type of any existing trees, shrubs, etc., that will remain, if any.
E. Note indicating the presence, or lack thereof, of existing structures and whether or not said structures will remain.
F. Location of major pathways with width and type of paving identified.
G. Location of micro pathways with width and type of paving identified.
H. Five foot (5') wide landscape strips on each side of the major and micro pathways clearly identified with types, number and placement of trees, shrubs, vegetative and nonvegetative ground cover.
I. All open space clearly delineated (using hatching, shading, coloring, etc.) so it is readily identifiable.
J. Percentage of open space in relationship to the gross area of the project through note form.
K. Location and types of equipment proposed for recreational use.
L. Location and types of new structures for recreational use (i.e., gazebos, water features, playhouses, picnic areas, etc.).
M. Location of school bus stop areas within a common lot or common easement.
N. Location and width of all street landscape buffers, parking landscaping areas, landscaped buffers between different uses.
O. Location and description of other landscape improvements including, but not limited to, earth berms, walls, trash enclosures, specialty lighting, required fences (include type and color of new fencing material, height of new fence and location of any new fencing to be placed on the project). If there is existing fencing on the project, indicate whether or not the existing fencing will remain. If the existing fencing is to remain, indicate the type and color of the existing fencing material, height of the existing fence and location of the existing fence.
P. Locations, descriptions, types and numbers of landscaping products to be installed in all landscaping areas.
Q. Note indicating the type of irrigation system and its water source.
R. Plant legend, to include the botanical and common name of all proposed plants and their location, quantity, spacing and size and installation detail of all landscape material.
S. Note indicating that certification must be provided to the city that all of the trees or plants installed are free from disease and are not toxic, poisonous or otherwise a nuisance.
T. Note or detail regarding the landscaping and/or weed maintenance of all irrigation, drainage and utility easements and/or rights of way.
U. Location of riparian, wildlife and/or jurisdictional wetlands with a summary of the method(s) of preserving said areas.
V. Riparian habitat management plan with an approval letter of said plan from all stakeholder agencies.
W. Wildlife preservation and mitigation plan with an approval letter of said plan from all stakeholder agencies.
(3) Plan Submittal:
A. One eight and one-half by eleven (81/2 x 11) copy and one eleven by seventeen (11 x 17) copy.
B. Completed and signed landscaping plan application. (Ord. 2661, 1-7-2008)
(4) Plan Modifications: Once the landscaping plan has been approved by planning and zoning department staff, no modifications can be made to the plan nor can field changes be made without first resubmitting the landscaping plan with a detailed explanation of the requested modification(s). Approved changes to the landscape plan must be documented prior to issuance of a certificate of occupancy or certificate of compliance, whichever is applicable. (Ord. 2805, 11-2-2009)
(1) Tree Planting: All tree planting shall be based on the city's "arboricultural standards and specifications guide" available from the city forester.
(2) Selection From List: All trees and shrubs shall be selected from the list provided in subsections 10-08-02(13), (14) and (15) of this chapter. Any deviations from this list must be approved by the Planning and Zoning staff. The appropriate class of trees and shrubs shall be chosen dependent upon the location of the plants (i.e., along streets or sidewalks, in parking lots, below overhead power lines, along utility easements).
(3) Prohibited Plant Material: Prohibited plant material shall include any that is considered poisonous, toxic or otherwise poses a nuisance.
(4) Substitution: Use of artificial plants or carpeting cannot substitute for landscape plant material. (Ord. 2661, 1-7-2008)
(5) Primary And Dominant Landscape Material: Primary and dominant landscape material shall be grass. A combination of materials such as bark, wood chips, stone, rock, gravel and lava rock is limited to twenty-five percent (25%) maximum coverage. Boulders and rock slabs cannot be placed in public rights-of-way. (Ord. 3156, 7-16-2018)
(6) Minimum Plant Sizes:
Evergreen trees | 6 to 7 foot height minimum |
Ornamental trees | 2 inch caliper minimum |
Shade trees | 2 inch caliper minimum |
Woody shrubs | 2 gallon pot minimum |
The minimum plant standards may be modified, with Planning and Zoning staff approval, based upon market conditions, size availability and/or other circumstances.
(7) Standards Met: All plant material installed pursuant to this article shall meet or exceed the minimum Federal standards as regulated by ANSI Z60.1, American standard for nursery stock.
(8) Placement Prohibited: The placement of plastic weed barrier under mulch is prohibited.
(9) Organic Mulch: Organic mulch, such as bark or soil aids, shall be applied to all planting areas for moisture retention, weed control and soil temperature moderation. (Ord. 2661, 1-7-2008)
(10) Protective Devices: Vertical curbing shall be provided around all planting areas that border driveways, parking lots and other vehicle use areas, including, but not limited to, street landscape buffers and interior landscape planter islands. The curbing shall be minimum six inch (6") vertical concrete curb and include a concrete gutter pan. (Ord. 3010, 11-16-2015)
(11) Wash Off: Facilities constructed for water and drainage purposes shall be designed so that no soil, bark, mulch or other similar materials shall be allowed to wash off the landscape area.
(12) Construction Within The Tree's Drip Line:
A. Impervious surfaces like sidewalks should be set back from the tree trunk equal to its diameter at maturity plus five feet (5'), with the exception of parking lot planting islands.
B. Grade changes greater than six inches (6") are prohibited within the drip line.
C. A simple fence or barrier that encloses the entire area beneath the tree canopy should be installed prior to commencing construction activity to reduce damage to a tree's root system. (Ord. 2661, 1-7-2008)
(13) Utilities:
A. Only Class 1 trees as identified in subsection 10-08-02(14) of this chapter may be planted below or within ten (10) lateral feet of any overhead utility wire.
B. All trees shall be planted outside of any underground utility easement unless written approval has been obtained from the easement holder.
C. Underground utilities installed by means of trenching shall be placed outside of any existing tree's drip line. Underground utilities installed by means of tunneling may be installed within the tree's drip line, provided the tunneling occurs a minimum of three feet (3') below existing grade.
D. Excavation in the soil within one foot (1') of the tree's roots is prohibited unless appropriate measures are taken to prevent the exposed soil from drying out.
E. Roots of a tree shall not be damaged by compacting or filling on or around the base of the tree.
F. If existing trees that are scheduled to be retained as part of the landscaping plan are severely damaged during the construction phase, they shall be replaced in accordance with section 10-08-02 of this chapter.
(14) Landscaping Around Signs:
A. The square footage of the landscaped area shall be equal to or in excess of the square footage of the sign.
B. Two (2) shrubs shall be installed on each side of the sign at a minimum.
C. The remaining area shall be completely covered with a mixture of vegetative or nonvegetative ground cover to include grass, flowers, mulch, vines, etc.
(15) Landscaping In And Around Riparian, Wetland, And Wildlife Areas:
A. Riparian, wetland, and wildlife areas in all developments and/or subdivisions shall be surveyed and determined. In written form, the appropriate agencies (i.e., Idaho Fish and Game and U.S. Army Corps of Engineers) shall confirm the results of the survey.
B. Stream crossings in riparian, wetland, and wildlife areas shall be constructed with design features that permit passage underneath of both aquatic and terrestrial species of fish and wildlife during all anticipated flow levels. There shall be no net loss of wildlife habitat.
C. All identified jurisdictional wetland areas shall be restored to a functioning condition, including planting with species appropriate to the site, and shall be maintained in a functioning condition. There shall be no net loss of wetland function.
D. A mitigation plan for any unavoidable impacts to fish and wildlife resulting from developments and/or subdivisions shall be developed and shall be incorporated into homeowners' or business owners' covenants. The following elements, at a minimum, shall be included in the mitigation plan:
1. Introduction/description of the property and surrounding area. This shall include a description of the existing natural resource values present, wildlife commonly found in and near the project and habitat types. Included shall be estimates of the quantity and quality of the various habitats found on the property as well as mapping of existing vegetation (habitat). Aquatic species and habitat should be included if streams are present. It should also include the scope of the mitigation plan (i.e., if it covers the entire project or just a particular phase). In the case of projects in high value wildlife habitat, and to provide objective and measurable preproject wildlife values, a habitat evaluation procedure should be conducted for key species. Include goals and objectives of the mitigation.
2. Assessment of potential impacts. This shall include anticipated impacts, both direct and indirect, resulting from the development.
3. Proposed actions to avoid, reduce, compensate for, and mitigate impacts. Include on site and off site mitigation necessary to achieve no net loss of wildlife values.
4. Description of net impacts after mitigation is implemented. Include a description of unavoidable impacts and those impacts that have been minimized.
5. Time line for implementing all mitigation actions.
6. Monitoring to ensure effectiveness of mitigation actions and long term operations and maintenance to ensure mitigation lasts in perpetuity. There shall be actions described in the plan that ensure that mitigation actions are permanent (e.g., easements) and continue in perpetuity (e.g., habitat improvement). Recourse for failed mitigation efforts should be identified.
E. Approval letters, regarding mitigation plans for riparian, wetland and wildlife areas, from all stakeholder agencies shall be obtained and submitted to the Planning and Zoning Department prior to approval of any construction drawings. (Ord. 3156, 7-16-2018)
(1) Requirements For Residential Subdivisions And/Or Developments, Regardless Of Zone, And For Any Mixed Use Subdivisions Or Developments That Contain Residential Dwellings:
A. The percentage of gross land area to be designated as common open space shall be based upon the overall average residential lot size as follows:
Overall Average Lot Size (Square Feet) | Percentage Of Gross Land To Be Reserved As Open Space | ||
Below 6,000 | 10.0 | ||
6,000 - 7,499 | 8.0 | ||
7,500 - 8,999 | 6.0 | ||
9,000 - 11,999 | 5.0 | ||
12,000 and over | 4.0 | ||
B. Common open space areas are established for use by the subdivision's or development's occupants and guests, but not for the general public living outside the subdivision or development, unless the common open space has public easements running through it that make it publicly dedicated or the land has been dedicated for public purpose. (Ord. 2661, 1-7-2008)
C. Common open space will not be required for subdivisions or developments containing fewer than eleven (11) residential dwelling units unless they are part of a phased development or located in the Indian Creek corridor or the Boise River corridor. (Ord. 2661, 1-7-2008; Ord. 2755, 9-22-2008)
(2) Requirements For Multi-Family Subdivision And Planned Unit Developments:
A. At least ten percent (10%) of a multi-family subdivision's or planned unit development's gross land area shall be designated as common open space.
B. These common open space areas are established for use by the subdivision's or development's occupants and guests, but not for the general public living outside the subdivision or development, unless the common open space has public easements running through it that make it publicly dedicated or the land has been dedicated for public purpose. (Ord. 2661, 1-7-2008)
(3) Requirements For C-1, C-2, C-3, C-4, I-P, M-1, M-2, H-D, C-D, And A-D Zones:
A. No common open space required unless the subdivision or development is either wholly or partially residential in use, in a residential zone or is a multi-family subdivision or planned unit development in which case requirements as listed under subsections (1) and (2) of this section would apply. (Ord. 2755, 9-22-2008)
B. Additionally, all other landscaping requirements as referenced in this article shall apply unless stated otherwise. (Ord. 2661, 1-7-2008; Ord. 2755, 9-22-2008)
(4) Criteria For Common Open Space:
A. Nonqualifying Open Space:
1. Street right of way areas.
2. Areas dedicated for future right of way purposes.
3. Stormwater retention/detention areas.
4. Islands/medians at project entrances.
5. Islands/medians/roundabouts throughout the project.
6. Riparian, wetland and wildlife areas (as determined by the appropriate jurisdictional agency).
7. Street landscape buffers. (Ord. 2661, 1-7-2008)
8. (Rep. by Ord. 2805, 11-2-2009)
9. Floodway areas.
10. Drainage easements and/or rights of way.
11. Irrigation easements and/or rights of way.
12. Utility easements. (Ord. 2661, 1-7-2008)
B. Qualifying Open Space: Anything other than what is listed as nonqualifying open space as approved by the city's landscape plan reviewer including, but not limited to, the following items: (Ord. 2805, 11-2-2009)
1. Open park areas of at least one thousand five hundred (1,500) square feet in size.
2. Community gardens.
3. Ponds or water features.
4. Plazas.
5. Additions to a public park or other public open space area.
6. Clubhouse, fitness facilities, enclosed bike storage, picnic areas, swimming pool, play areas, other general recreational facilities.
7. Buffers between differing land uses.
8. Additional street landscape buffer width over and above the required street landscape buffering.
9. Micro pathways (paved or porous surfaced portions and landscaped portion). (Ord. 2661, 1-7-2008)
10. Major pathways (paved or porous surfaced portions and landscaped portions). (Ord. 2805, 11-2-2009)
C. Location Of Open Space:
1. Common open spaces shall be located and designated as common lots platted for common open space purposes when within a platted subdivision. If the project is not a platted subdivision, the common open space must be located within a recorded permanent landscape easement.
D. Minimum Required Landscaping For Open Space:
1. Lawn, either seed or sod.
2. Combination of trees, shrubs and vegetative and nonvegetative ground cover.
3. Areas for active playground purposes shall be designed to minimize injury to children.
4. Common open space should be suitably improved for its intended use, except that natural features such as wetlands, rock outcroppings, ponds, creeks, groves of trees and other naturally occurring features may be left unimproved and undeveloped in their natural state.
E. Connectivity Of Common Open Space:
1. Common open space shall be required to be connected within a subdivision or development by means of five foot (5') wide paved or porous micro pathways with a five foot (5') wide strip of landscaping on each side of the paved or porous surface for a total of fifteen feet (15'), to be located within a common lot if part of a platted subdivision or within a recorded permanent landscape easement if not part of a platted subdivision.
2. The micro pathways and accompanying landscaping strips count towards the required common open space.
F. Americans With Disabilities Act:
1. Landscape areas shall not interfere with pedestrian sidewalk access or pose impediments to those who are disabled or infirm.
2. Landscape buffering and screening devices shall not be constructed to impede or eliminate the pedestrian's ability to access any abutting development.
3. If landscaping creates a continuous perimeter barrier, sufficient pathways shall be provided through the landscaping every six hundred sixty feet (660') unless there are physical barriers like a canal or a cliff that prevent the construction of such access.
4. Any landscape application that may limit access shall be called out so that an appropriate remedy may be found. (Ord. 2661, 1-7-2008)
(1) Responsibility: The controller, a homeowners' or business owners' association is responsible for maintaining all landscaping and screening devices within a subdivision and/or development and/or the subject property. (Ord. 2805, 11-2-2009)
(2) Maintenance: All landscaping and screening devices shall be maintained in an attractive, safe and healthy manner. Trees and/or shrubs located on controller's private property, within right of way or right of way area adjacent to controller's private property and/or having any portion of the trees and/or shrubs on controller's private property growing onto, within, over or under any right of way or right of way area adjacent to the controller's private property shall be maintained as follows: trees and/or shrubs shall not interfere with or impede any irrigation, drainage, or stormwater system, whether private or public, and shall be removed immediately to prevent any such interference or impediment; trees and/or shrubs presenting a safety hazard to the public shall be removed immediately; trees and/or shrubs shall be trimmed back and up such that no portion of trees and/or shrubs shall be within a ten foot (10') vertical height of any sidewalk and/or unimproved right of way, and a fourteen foot (14') vertical height of any street or alley; all vegetation and foliage shall be trimmed such that no portion of any vegetation or foliage grows over or onto any public sidewalk. Property with landscape areas littered with weeds or trash, where plant material (including, but not limited to, grass, trees, and/or shrubs) is dying or dead, where ponds or water features are growing moss or algae, and/or where trees and/or shrubs are not being maintained as noted above shall be considered in violation of this article and subject to city planning and zoning code enforcement and any other applicable penalties under this code. (Ord. 3010, 11-16-2015)
(3) Condition Kept: All properties, and the right of way or right of way area adjacent to properties, shall be kept in a hazard free, neat, orderly, and clean condition. Required and voluntary landscaping and landscaping areas shall be maintained in a healthy manner. Dead or dying landscape (including, but not limited to, grass, trees, and/or shrubs), weeds, trash, rubbish, and litter shall be removed immediately from all required and voluntary landscaping and landscaping areas, as well as all right of way and right of way areas adjacent to properties. Any item on property, as well as right of way and right of way areas adjacent to property, that presents a safety hazard, vision obstruction to vehicular or pedestrian traffic, and/or impediment to any private or public irrigation, drainage or stormwater system shall be removed immediately. (Ord. 2911, 9-4-2012)
(4) Tree Grates: Tree grates located within a public right of way must be widened as necessary to accommodate the growing tree trunk and prevent tree girdling.
(5) Damaged Plant Materials: Dead plant materials or plant materials exhibiting evidence of insect pests, disease or damage shall immediately be treated or replaced.
(6) Removal Of Weeds: Weeds shall be mowed, removed or otherwise safely mitigated on a minimum monthly basis. At a minimum, the monthly mitigation shall take place each month from April through October. The mitigation shall take place more frequently if necessary to prevent a nuisance condition.
(7) City Inspections: Periodic city inspections of all landscape plans approved after the adoption of this article may take place to assure compliance. (Ord. 2661, 1-7-2008)
(8) Enforcement: Any violation of this article may result in a code enforcement action as outlined in section 10-03-13 of this chapter. Further the city of Caldwell has the right to declare a property a nuisance and assume or contract maintenance work required to achieve compliance with this article. In such instances the nuisance abatement process shall be followed as outlined in chapter 7, article 11 of this code and associated expenses shall be levied and assessed in accordance with said nuisance abatement process. (Ord. 2805, 11-2-2009)
(9) Fire Safety Landscape Issues:
A. Dead and dying landscape shall be removed. The removal process shall adhere to all requirements of this code.
B. Permission for any burning of dry vegetation or other refuse must be obtained from Caldwell fire department.
C. Mature trees on unpaved lots shall be limbed upward to a height of approximately six feet (6') above ground level to protect the tree in the event of a grass fire.
D. Areas that have slopes nine percent (9%) or greater shall have a fire defensive zone between the structures and vegetative areas. The fire defensive zone area shall be determined by the Caldwell fire department.
E. Addresses on buildings and street name signs shall not be blocked or occluded by landscape material.
F. Landscape material shall neither visually obscure nor physically impede access to fire appliances including hydrants, fire sprinkler connections, post indicator valves (for sprinkler shutoffs), etc. (Ord. 2661, 1-7-2008)
G. Tree branches or limbs shall be trimmed to a height of seventeen feet (17') above the roadways to lessen damage to fire apparatus and to be consistent with article 8 of this chapter; this height limit shall also apply to fire lanes located on private property. (Ord. 2865, 6-20-2011)
H. Large bushes and/or trees shall not be planted directly outside of windows thereby impeding a person's ability to use them for fire escape purpose or reduce the Caldwell fire department's ability to rely upon them for fire or rescue purpose.
I. Low profile landscaping shall be applied within a three foot (3') radius of all fire hydrants in accordance with uniform fire code. Acceptable landscape includes mowed grass and mulch products. Landscape shall be placed in proximity to fire hydrants to create an adequate fire viewshed. (Ord. 2661, 1-7-2008)
(1) Purpose Of The Vision Triangle: To prevent sight obstructions that include any hedge, tree, shrubbery, fence, signage or wall that interfere with driver vision.
(2) Observation Of Vision Triangle Standards:
A. All vision triangles located at controlled (signalized) or uncontrolled roadway intersections.
B. Idaho transportation department's (ITD) vision triangle standards shall apply to all state highways located within the city's jurisdiction.
(3) Parameters Of Vision Triangle:
A. Vision triangles shall be measured from the projected intersection of the lip of gutter a distance of forty feet (40') along each roadway edge, and connecting the two (2) points with a straight line. This measuring approach defines the boundaries of a vision triangle at the intersection of two (2) roads.
B. As a roadway is enlarged or constructed, the vision triangle will accommodate the new boundaries.
(4) Intersection Of Roadways With Driveways And Alleyways:
A. The boundaries of a vision triangle at the intersection of a road with a driveway or alleyway are defined by measuring from the intersection of the roadway and the edge of the driveway or alleyway twenty feet (20') along the roadway and ten feet (10') along the driveway or alleyway connecting the two (2) points with a straight line.
(5) Intersection Of Road And Railroad:
A. The vision triangle at the intersection of railroads and street crossings shall be forty feet (40') along the railroad property line and forty feet (40') along the roadway edge and connecting the two (2) points with a straight line.
(6) Items Prohibited Or Limited Within The Vision Triangle:
A. The planting of trees in the vision triangle is prohibited. (Ord. 2661, 1-7-2008)
B. All trees existing in the right of way shall be pruned to a minimum height of ten feet (10') above the ground or sidewalk surface and fourteen feet (14') above the adjacent roadway surface or be removed. (Ord. 3065, 9-19-2016)
C. Maximum height of any berm or vegetative ground cover shall be three feet (3') at maturity.
D. No fences may be installed on a berm.
E. No fences higher than three feet (3') are permitted.
F. No structures or objects higher than three feet (3') are permitted, except publicly placed traffic devices.
G. No signs taller than three feet (3') are permitted, except publicly placed traffic directing devices. (Ord. 2661, 1-7-2008)
Notes
| 1 | 1. IC 49-221. |
(1) Location:
A. Street landscape buffers shall be located on private property outside of and beyond the street right of way. (Ord. 2661, 1-7-2008)
B. Street landscape buffers shall be located within a platted common lot when the project is a platted subdivision and when located within an RS-1, RS-2, R-1, R-2, or R-3 zone. Street landscape buffers shall be located within a recorded permanent landscape easement when the project is not a subdivision or when the project is located in any zone other than those zones listed in the previous sentence. (Ord. 2755, 9-22-2008)
C. The measuring point for the street landscape buffer width associated with attached sidewalks shall be from the property line and not the sidewalk or curb.
D. The buffer width associated with detached sidewalks may be measured from the front of curb when it can be demonstrated there is no opportunity for expansion of the street section within the right of way. (Ord. 2661, 1-7-2008)
E. The required street landscape buffer width for principal arterial roadways only may include the sidewalk width, if the following requirements are satisfied: (Ord. 3010, 11-16-2015)
1. The sidewalks shall be detached.
2. The sidewalks shall be on a flat surface that is ADA accessible and is not sloped, meandering, bermed or hilly such that ADA accessibility is hindered.
3. An easement shall be provided allowing for general public use of the sidewalks and access for the city for any maintenance the city may opt to perform.
4. Existing transit stops shall not be separated from the normal walkway. (Ord. 2982, 2-2-2015)
F. The area dedicated for right of way purpose is not credited toward the street landscape buffer width. Road dedication for right of way purpose is in addition to street buffer dedication requirements. All rights of way areas not occupied by streets, curb, gutter, sidewalk or pedestrian amenities shall be completely covered with grass and shall be maintained by the property owner adjacent to said rights of way areas. All rights of way areas shall be maintained in a weed free and dust free manner. (Ord. 3065, 9-19-2016)
G. Entrances into residential subdivisions or developments: (Ord. 2755, 9-22-2008)
1. Entrance buffers on each side of all entrances shall be required.
2. Entrance buffers shall be placed adjacent to the developable lots.
3. Entrance buffers shall be placed in a common platted lot if a subdivision or placed in a recorded perpetual landscape easement if not a subdivision.
4. Entrance buffers shall be the length of the first developable lot's side property line closest to the street entrance.
5. Entrance buffers shall be a minimum width of fifteen feet (15').
6. Entrance buffers shall meet all the vision triangle requirements and shall be landscaped so as to not impede public safety.
7. Entrance buffers shall be landscaped with vegetative or nonvegetative ground cover, flowers or shrubs.
H. Street landscape buffers located along frontages of residential subdivisions and/or developments shall not exceed a maximum height of eight feet (8'). Within the eight foot (8') maximum, fencing shall not exceed six feet (6') in height and berms shall not exceed five feet (5') in height. Exception: Berms located in street landscape buffers along state highways shall meet all berm requirements of Idaho transportation department. (Ord. 2661, 1-7-2008)
I. There is no minimum or maximum berm height for subdivisions or developments located within a C-1, C-2, C-3, C-4, M-1, M-2, I-P, C-D, H-D, or A-D zone, unless the subdivision or development is wholly residential in use in which case subsection (1)H of this section applies, although this does not preclude all applicable safety rules and regulations and the rules applicable to the vision triangle. (Ord. 2755, 9-22-2008)
(2) Applicability:
A. Street landscape buffers shall be required along all subdivision and/or development boundaries that have frontage on a classified public roadway. (Ord. 2661, 1-7-2008)
B. Street landscape buffers shall when platted as a common lot, be owned and maintained by either a homeowners' or business owners' association. (Ord. 2755, 9-22-2008)
C. Street landscape buffers not platted as a common lot shall be placed in a recorded permanent landscape easement and shall be maintained in dedication format by a specified controller, homeowners' or business owners' association. (Ord. 2661, 1-7-2008; Ord. 2755, 9-22-2008)
D. Street landscape buffers are not intended to impede or conflict with driveway or entrance access requirements and shall follow any vision triangle restrictions and/or requirements.
E. Placement of street landscape buffers into either platted common lots or recorded permanent landscape easements shall not negate, substitute for, or replace a property's zoning frontage requirement as per section 10-02-03 of this chapter. The zoning frontage requirements as per section 10-02-03 of this chapter shall be met regardless of, and separate from, the placement of common lots or easements. (Ord. 2661, 1-7-2008)
F. The placement of a landscape buffer into a platted common lot that is located between a street and a corner lot may change the status of the corner lot to an interior lot, provided the landscape buffer is a minimum of ten feet (10') wide and runs the entire length of the interior lot. (Ord. 3156, 7-16-2018)
(3) Buffer Sizes:
Type Of Roadway | Buffer Width Along Each Side Of A Roadway |
Local, residential or nonclassified streets (does not include access easements, alleys, driveways, and/or private streets which do not have a buffer requirement) | 10 feet |
Minor, major or urban collectors | 15 feet |
Minor arterials | 20 feet |
Major or principal arterials | 25 feet |
State Highway 20/26, State Highway 55, I-84 | 30 feet |
(Ord. 3010, 11-16-2015)
A. Local, residential or nonclassified streets internal to any subdivision or development in an RS-1, RS-2, R-1, R-2, R-3 Zone or internal to any subdivision or development that is wholly residential in use, are not required to have the ten foot (10') wide street landscape buffer.
(4) Buffer Width Reduction: Buffer width reductions may be granted at the discretion of the City's landscape plan reviewer based upon existing conditions, lot size, right-of-way requirements, topography and geography of the site. Buffer width reductions shall not be granted based upon financial or economic reasons. Appeals to the landscape plan reviewer's decision may be made to the Council following the public hearing. (Ord. 2805, 11-2-2009)
(5) Required Landscaping And Improvements Within The Street Buffers:
A. Mixture of trees, shrubs, lawn, vegetative and nonvegetative ground cover so that the entire buffer area is covered. A minimum of seventy percent (70%) of the buffer area shall be covered with a turf-type grass. For new plantings, grass sod installation is required. Seeding, hydro-seeding, or similar methods shall not be allowed. (Ord. 3156, 7-16-2018)
B. Minimum tree density equivalent to one tree per thirty-five (35) linear feet of buffer area.
C. Minimum shrub density equivalent to one shrub per seven (7) linear feet of buffer area. (Ord. 2661, 1-7-2008)
D. Dry landscaping may be utilized if the property does not have an irrigation water right and meets the following conditions: the site is zoned either M-2 (Heavy Industrial) or I-P (Industrial Park), the site is not located within the Indian Creek corridor, the site is not located within the Boise River corridor, and the site is not located along an arterial and/or collector roadway. When dry landscaping is utilized there shall be no shrub or vegetation requirement. Rather the entire buffer width area shall be covered with a combination of trees, hardscape, boulders and rock slabs with a minimum of one boulder per thirty-five (35) linear feet of buffer area, a minimum of two (2) different types of rock ground cover and a minimum of one tree for every fifty (50) linear feet of buffer area. Required boulders, rocks and trees may be grouped according to the landscape plan designer. Trees must be selected from the Class 2 tree list in article 8 of this chapter or approved by the City Forester if not on the tree list. Trees shall further be selected based upon limited requirements for watering. (Ord. 3156, 7-16-2018)
E. The construction of public sidewalks are required as part of the street landscape buffer. Sidewalks shall meet the requirements per the currently adopted Idaho Standards for Public Works Construction (ISPWC) as modified by the City of Caldwell supplemental specifications to the ISPWC. The requirement to construct sidewalk(s) may be waived by the City Engineer and Planning and Zoning Director for the following reasons: limited possibility of sidewalk continuation in the area, scope of the project, existing conditions, topography and geography of the site. Appeals to the City Engineer and Planning and Zoning Director's decision shall be heard following the public hearing requirements set forth in subsection 10-03-03(2) of this chapter. (Ord. 3065, 9-19-2016)
(6) Tree And Shrub Spacing:
A. Trees and shrubs may be grouped together or spaced evenly as desired.
B. Vision triangles, signage, driveways and above grade clearance shall all be accounted for when actually placing trees and shrubs.
C. Trees shall not be spaced closer than eighty percent (80%) of the average mature width of the trees.
D. The planning and zoning staff, in consultation with the city forester, is authorized to review and approve species and spacing variables in buffering areas to assure these factors are accommodated. (Ord. 2661, 1-7-2008)
(7) Parking And Vehicle/Merchandise Display Allowed: Vehicles are prohibited from parking within the street landscape buffer area, but vehicles and other merchandise may be displayed as part of the business owner's advertising scheme with permission from the planning and zoning department. (Ord. 2805, 11-2-2009)
(8) Impervious Surfaces Allowed In The Street Buffer Area:
A. Curb cuts, driveways, signs, fire hydrants, mailboxes, telephone poles, light poles, flagpoles and walkways.
B. Other types of impervious surfaces not listed are discouraged and are subject to approval on a case by case basis.
C. Development features, including, but not limited to, patios, may be extended into the street buffer area provided compensation of a like amount of dedicated landscape area is provided elsewhere. (Ord. 2661, 1-7-2008)
(9) Fences: Fences shall not be allowed within the street landscape buffer. (Ord. 2967, 7-21-2014)
(10) Additional Amenities: Additional street landscape amenities may be required, as determined by and at the discretion of the planning and zoning director, in gateway street/major entrance areas. (Ord. 2661, 1-7-2008; Ord. 2967, 7-21-2014)
(11) Buffers Along Highway 20/26 And Highway 55:
A. All parcels, in any zone, that have frontage along Highway 20/26 or Highway 55 shall install a thirty foot (30') wide street landscape buffer, that shall contain a detached sidewalk and accompanying sidewalk landscaping, upon development.
B. All landscaping plans for the street landscape buffer area along Highway 20/26 or Highway 55 shall be subject to review and approval by the landscape plan design review committee.
C. The sidewalk shall meet the following requirements: (Ord. 2755, 9-22-2008; Ord. 2967, 7-21-2014)
1. Shall be detached. (Ord. 3010, 11-16-2015)
2. Shall be on a flat surface that is ADA accessible and is not sloped, bermed or hilly such that ADA accessibility is hindered.
3. Shall be eight feet (8') wide and paved the full width meeting surfacing and cross section standards for sidewalks as per the city engineering department.
4. Shall be dedicated as a public access easement, allowing for general public use of the sidewalk and access to the city for any maintenance the city may opt to perform, and shall be owned, operated and maintained by a homeowners' or business owners' association.
D. The sidewalk landscaping shall meet the following requirements:
1. Both sides of the sidewalk shall be landscaped. (Ord. 2755, 9-22-2008; Ord. 2967, 7-21-2014)
2. Berms shall be periodically incorporated into the landscaping with slopes determined by the landscape plan designer and subsequently approved by the city's landscape plan reviewer. (Ord. 2805, 11-2-2009; Ord. 2967, 7-21-2014)
3. Landscaping width shall be a minimum of eleven feet (11') on each side of the sidewalk for a total of twenty-two feet (22') of landscaping width area. (Ord. 3010, 11-16-2015)
4. (Rep. by Ord. 2805, 11-2-2009)
5. Vegetative and nonvegetative ground cover shall be used and shall be a combination of the following: native grass mix, emergent mix, turf, shrubs, rocks, permabark, bark or similar, and/or flowers. (Ord. 2805, 11-2-2009; Ord. 2967, 7-21-2014)
6. One boulder for every seventy-five (75) linear feet of frontage.
7. Minimum of one class 1 or class 2 tree for every fifty (50) linear feet of frontage.
8. Minimum of ten (10) shrubs for every fifty (50) linear feet of frontage.
9. Groupings of vegetative ground cover, trees and boulders may be determined by the landscape designer so long as the entire sidewalk landscaped area is covered with the items as listed above.
10. There shall be one streetlight provided for every two hundred (200) linear feet of frontage. Said streetlights shall meet all streetlight requirements as listed in subsection 10-12-05(14)B of this chapter.
11. The sidewalk landscaped area shall be dedicated as a public access easement, allowing for general public use of the landscaped area and access for the City for any maintenance the City may opt to perform, and shall be owned, operated and maintained by a homeowners' or business owners' association. (Ord. 2755, 9-22-2008; Ord. 2967, 7-21-2014)
(1) Required: Interior landscape planter islands shall be required in all surface parking lots. For those lots containing fewer than six (6) spaces the size shall be determined at the discretion of the Planning and Zoning Director. (Ord. 3102, 9-5-2017)
(2) Interior Landscape Planter Islands Requirements:
A. Linear grouping of parking spaces shall not exceed twelve (12) in a row, without the installation of an interior landscape planter island.
B. Interior landscape planter islands shall be spaced as evenly as feasible at the ends of parking rows throughout the lot to guide vehicle turning movements.
C. Landscape planter islands shall contain a minimum of sixty (60) square feet of area when serving a single row of parking. Landscape planter islands shall contain a minimum of one hundred twenty (120) square feet of area when accommodating a double row of parking spaces. (Ord. 2661, 1-7-2008)
D. Piped irrigation shall be provided to landscape planter islands, unless dry landscaping is utilized. (Ord. 2805, 11-2-2009)
E. Islands shall contain a minimum of one Class 1 or 2 tree and shall be covered with a combination of low shrubs, lawn or other vegetative or nonvegetative ground cover if wet landscaping is utilized. If dry landscaping is utilized, the island shall be covered with rock ground cover and a minimum of one boulder and there shall be no requirement for vegetation. Class 3 trees are prohibited in the interior planter islands. (Ord. 2661, 1-7-2008; Ord. 2805, 11-2-2009)
F. The required amount of interior planter islands landscaping may be reallocated to the entranceways or perimeter of the general parking lot area if the placement of the islands seriously encumbers the parking lot and traffic circulation functions or in cases involving small or oddly configured land parcels. (Ord. 2661, 1-7-2008)
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