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(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)
(1) Purpose: Buffer applications are intended to minimize differences in land use activity that may arise due to noise, dirt, litter, glare of lights, aesthetics, creativity and/or other reasons.
(2) Required Buffer Materials:
A. Mixture of evergreen and deciduous trees (class 1 and 2 trees only).
B. Mixture of shrubs, lawn, vegetative and nonvegetative ground cover so that the entire buffer width area is covered. (Ord. 2661, 1-7-2008)
C. Trees shall be spaced at thirty-five foot (35') intervals. Shrubs shall be spaced at two (2) to eight foot (8') intervals depending upon individual plant spacing requirements. (Ord. 2755, 9-22-2008)
D. The installation of landscape and screen material shall not prohibit or impair a pedestrian's access to abutting development.
(3) Land Use Intensity Table For Determining Buffer Widths Between Land Uses:
A. The following table is intended to provide a general classification of land use intensities for commonly proposed development activity as a means to determine buffer widths between land uses. The minimum buffer widths will be calculated based upon the classification of the proposed land use and the adjoining land use. If a land use is not listed below, the planning and zoning director shall determine its level of land use intensity based upon common characteristics with one of the classes below:
Class I:
Bed and breakfast
Cemeteries
Duplexes
Espresso/pastry shop
Golf courses
Manufactured homes
Parks
R-S-1, R-S-2, R-1 and R-2 zones
Single-family homes
Vacant land zoned R-S-1, R-S-2, R-1 or R-2
Class II:
Childcare centers
Church
Elementary schools
Libraries
Multi-family dwellings
Nurseries, greenhouses
R-3, C-D, C-C and H-D zones
Residential office
Senior centers
Vacant land zoned R-3, C-D, C-C or H-D
Class III:
C-1 zone
High schools
Medical and professional offices
Middle schools
Personal services
Quasi-public uses
Vacant land zoned C-1
Class IV:
Building supply outlet
C-2, C-3 and C-4 zones
Grocery stores
Hotel/motel
Indoor manufacturing
Parking garages
Restaurants
Retail stores and services
Storage facilities
Vacant land zoned C-2, C-3 or C-4
Warehouses
Class V:
Agricultural usage
Airport
Contractor's storage yard
Dairy product processing
Fairgrounds
Grain storage
Heavy manufacturing
M-1, M-2, I-P and A-D zones
Other industrial uses
Processing plants
Recycling
Truck and tractor repair
Vacant land zoned M-1, M-2, I-P or A-D
Warehousing
Wholesaling
Wrecking yard
(4) Minimum Buffer Widths:
Intensity Class Of Proposed Use | Intensity Class Of Adjacent Use | ||||
I | II | III | IV | V | |
I | 0 | 10 | 10 | 15 | 20 |
II | 10 | 0 | 10 | 15 | 20 |
III | 10 | 10 | 0 | 15 | 20 |
IV | 15 | 15 | 15 | 0 | 15 |
V | 20 | 20 | 20 | 15 | 0 |
(5) Notes Regarding Buffer Widths:
A. Buffer widths are shown in feet.
B. Buffer widths apply to contiguous land uses.
C. Example: If the intensity class of the proposed use is II, and the proposed use property is adjacent to an intensity class of V, then the required buffer will be twenty feet (20').
D. If a street separates varying intensity land uses, the applicant may count the width of the required street landscape buffer towards the width of the buffer between differing uses. The largest required width of the two is applicable. If an alley separates varying intensity land uses, the entire width of the required buffer between land uses is applicable.
E. If the adjacent landowner has provided a portion of the required width and landscaping requirements, the controller only needs to provide the remaining width and requirements (if any) to satisfy this buffer requirement.
F. If an irrigation/drainage easement or irrigation/drainage right of way exists between the differing uses, the controller only needs to provide the remaining width and landscaping requirements (if any) to satisfy this buffer requirement. All improvements would need to take place outside of any irrigation/drainage easement or right of way. (Ord. 2661, 1-7-2008)
G. The buffer area shall be placed in a common lot if the project is within a platted subdivision and within any residential zone, or located within a recorded, permanent landscaping easement if not platted or if located within any other zone besides a residential zone. The buffer area shall be operated and maintained by the controller, a homeowners' or business owners' association. (Ord. 2661, 1-7-2008; Ord. 2755, 9-22-2008)
H. 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. (Ord. 2805, 11-2-2009)
(6) Commercial And Industrial Containers: Commercial and industrial containers (i.e., trash dumpsters) shall be screened from rights of way by the installation of substantial sight obscuring landscape, fence or stone wall material that completely obscures the container year round. (Ord. 2661, 1-7-2008)
(1) Application: Pathway requirements and pathway landscaping standards shall apply to all pathways, major or micro, as well as to the pathways connecting subdivisions or developments together or to the connection of a subdivision or development and other destination points.
(2) Major Pathway Requirements:
A. Eight feet (8') wide.
B. Required width paved with either asphalt or concrete or porous.
C. ADA accessible. (Ord. 2661, 1-7-2008)
D. Shall meander through the subdivision or development to provide pedestrian connectivity through the subdivision and development and to and from adjoining developments and/or subdivisions. (Ord. 2755, 9-22-2008)
E. A major pathway is required in all residential subdivisions/developments, regardless of the zoning district, and in any subdivision/development that contains any residential dwellings, and shall connect with existing, proposed, planned or possible future major pathways in adjoining residential subdivisions/developments, regardless of the zoning district. The major pathway requirement may be waived if there is no possibility of adjacent connectivity in the form of an existing, proposed, planned or possible future pathway or a sidewalk. The major pathway is not required in commercial or industrial subdivisions and/or developments. (Ord. 2661, 1-7-2008; Ord. 2755, 9-22-2008)
F. A minimum five foot (5') wide landscape buffer shall be provided along both sides of any major pathway located within a subdivision or development. The major pathway, then, shall be a total width of eighteen feet (18') consisting of eight feet (8') of paved surface and five feet (5') of landscaping on either side of the paved surface.
G. Requirements for the major pathway landscape buffer:
1. A combination of trees, shrubs, lawn or other vegetative or nonvegetative ground cover so that the entire pathway landscape buffer area on both sides of the paved surface is completely covered.
2. Minimum of fifteen (15) shrubs equivalent to every one hundred (100) linear feet.
Shrubs must be maintained to be no more than three feet (3') in height.
3. Minimum of one class 1 or class 2 tree equivalent to every forty (40) linear feet.
4. No evergreen or class 3 trees (large trees) shall be planted within the pathway landscape buffer. (Ord. 2661, 1-7-2008)
H. All major pathways shall be dedicated as public access easements, allowing for general public use of the pathways, to be owned, operated and maintained by a homeowners' or business owners' association or similar. All major pathway landscape buffers shall be owned, operated and maintained by a homeowners' or business owners' association or similar, but do not need to be dedicated as public access easements. (Ord. 2755, 9-22-2008)
(3) Micro Pathway Requirements:
A. Five feet (5') wide.
B. Required width paved with either asphalt or concrete or porous.
C. ADA accessible.
D. Shall be placed in the subdivision or development to provide pedestrian connectivity between common open space areas within the subdivision or development.
E. All other pathways in a subdivision or development, besides the major pathway, shall be classified as micro pathways.
F. A minimum five foot (5') wide landscape buffer shall be provided along both sides of any micro pathway located within a subdivision or development. The micro pathway, then, shall be a total width of fifteen feet (15') consisting of five feet (5') of paved surface and five feet (5') of landscaping on either side of the paved surface.
G. Shall only be required in residential subdivisions or developments.
H. Required plants for the micro pathway landscape buffer:
1. A combination of trees, shrubs, lawn or other vegetative or nonvegetative ground cover so that the entire pathway landscape buffer area on both sides of the paved surface is completely covered.
2. Minimum of fifteen (15) shrubs equivalent to every one hundred (100) linear feet.
3. Shrubs must be maintained to be no more than three feet (3') in height.
4. No evergreen or class 3 trees (large trees) shall be planted within the pathway landscape buffer. (Ord. 2661, 1-7-2008)
I. All micro pathways and micro pathway landscape buffers shall be owned, operated and maintained by a homeowners' or business owners' association or similar. (Ord. 2755, 9-22-2008)
(4) Pathway Fencing Requirements:
A. Fences are not required along any major or micro pathways. (Ord. 2661, 1-7-2008)
(5) Indian Creek Pathway And Pathway Landscaping Requirements:
A. All parcels, in any zoning district, that are in the "Indian Creek corridor", as defined in section 10-07-01 of this article shall install a pathway and accompanying pathway landscaping upon development.
B. The pathway shall meet the following requirements:
1. Shall be meandering.
2. Shall be ten feet (10') wide.
3. Shall be concrete paved in twenty foot (20') long sections.
4. Shall have a row of red brick placed at the end of each concrete section; said row of red brick shall be sixteen inches (16") wide from edge of brick to edge of brick.
5. Shall be located within one hundred fifty feet (150') of the top of bank.
C. The pathway landscaping shall meet the following requirements:
1. Both sides of the pathway shall be landscaped.
2. Landscaping width shall be a minimum fifteen feet (15') on each side of the pathway for a total of thirty feet (30') of landscaped area. However, because the pathway is meandering the landscape designer may choose to meander the fifteen feet (15') of landscaping on each side down to a minimum of five feet (5') on one side provided that the overall minimum width of thirty feet (30') total of landscaping is provided at all points along the pathway.
3. Nonvegetative ground cover is prohibited.
4. Vegetative ground cover shall be used and shall be a combination of all of the following: native grass mix, emergent mix, and/or turf; shrubs; and flowers. (Ord. 2755, 9-22-2008)
5. Trees shall be chosen from the list of class 1 or class 2 trees in article 8 of this chapter, or as approved by the landscape design review committee, and shall be a minimum combination of two (2) class 1 trees and one class 2 tree. (Ord. 2805, 11-2-2009)
6. One boulder for every forty (40) linear feet of pathway area may be incorporated into the landscaping.
7. There shall be a minimum of one tree for every forty (40) linear feet of pathway area.
8. There shall be one trash receptacle provided for every two hundred (200) linear feet and one streetlight and park bench for every one hundred (100) linear feet of pathway area. Said trash receptacles and park benches shall be selected from those allowed under subsection 10-12-05(8)A2 of this chapter. Said streetlights shall meet all the requirements listed under subsection 10-12-05(14)B of this chapter.
9. Groupings may be determined by the landscape designer so long as the entire pathway landscaped area is covered with the required items as listed above.
10. The pathway and pathway landscaping shall be dedicated as a public access easement, allowing for general public use, and shall be owned by a homeowners' or business owners' association or similar and shall be maintained by the city. (Ord. 2755, 9-22-2008)
(6) Public Pathway And Landscaping Requirements:
A. General Purpose:
1. Provide safe transportation routes for pedestrians and cyclists.
2. Increase recreational opportunities within the community and connect these opportunities to the pathway and bike route system.
3. Increase public access to the Boise River, Lake Lowell and Indian Creek corridors, public facilities, and neighboring cities.
4. Help create a pleasant urban environment.
5. Provide consistent standards for pathway development.
B. Dedication And Construction Of Public Pathways As A Condition Of Development Approval: The following standards and criteria shall apply in all zoning districts when a public pathway is required on property per the pathways and bike routes master plan:
1. Dedication:
(A) On any land use application involving the subdivision of land, right of way for public pathways shall be designated on the final plat. The right of way shall be listed as a "public pathway" on the final plat.
(B) All other land use applications not involving the subdivision of land, but where dedication of a public pathway is required, shall designate an easement to the city prohibiting development from taking place within the easement and providing for public pathway construction, maintenance, and use.
2. Construction:
(A) The construction of a public pathway is required in any instance where a land use application for a subdivision plat, planned unit development, short plat, special use permit, or building permit is taking place. In instances where construction of a public pathway is required, the construction may be delayed until after final plat or certificate of occupancy approval subject to the applicant filing security of performance in accordance with section 11-04-07 of this code.
(B) The public pathway may be allowed the flexibility to veer off the route proposed in the pathways and bike routes master plan.
C. Public Pathway Standards:
1. ADA: The construction of public pathways shall comply with the standards of the Americans with disabilities act of 1990 and any adopted amendments thereto.
2. Pathway Width: Public pathways shall be built at the width prescribed in table 5 of the pathways and bike routes master plan.
3. Surface: Public pathways shall be constructed using materials recommended in table 5 of the pathways and bike routes master plan.
(A) Asphalt surfaces: Shall have a minimum depth of two inches (2") of bituminous concrete surface course on top of six inches (6") of aggregate base course set on top of geotextile fabric.
(B) Concrete surfaces: Shall have a minimum depth of four inches (4") of concrete on top of four inches (4") of aggregate base course.
(C) Natural surfaces: Shall only be approved by the Pathways and Bike Routes Committee.
4. Connectivity: All newly established developments, including, but not limited to, subdivisions, new construction, and changes in use, shall provide at least one connection to the public pathway for every six hundred (600) linear feet of pathway frontage. The exact location shall be approved by the Planning and Zoning Director or assigned staff, with consultation from other City departments. Public pathways shall connect to major and minor pathways.
5. Signage: Wayfinding and directional signage shall be installed when a public pathway is built. The applicant shall follow the adopted signage policy. (Ord. 2848, 2-7-2011)
6. Fencing: All public pathways are required to have fencing installed along both sides of the pathway and shall be located as near as possible to the far edge of the required landscape buffers. Fencing shall be open vision up to six feet (6') in height. Solid fencing may be used if it does not exceed four feet (4') in height, which includes the height of any trellises or other open vision fencing placed on the top of a solid fence. (Ord. 3156, 7-16-2018)
D. Public Pathway Acceptance: The City of Caldwell will assume maintenance and control of the public pathway only upon dedication and the City's acceptance for maintenance, similar to its responsibilities for other publicly maintained highways. The acceptance of a dedication and the acceptance of a public pathway for maintenance should be established by City Council order and is recommended when:
1. The applicant requests the City assume responsibility.
2. The public pathway lies within the easement or right-of-way granted to the City for the construction of the pathway.
3. The public pathway has been constructed to the City's standards.
E. Public Pathway Landscaping:
1. Both sides of the pathway shall be landscaped and irrigated.
2. Landscaping width shall be a minimum ten feet (10') on each side of the pathway for a total of twenty feet (20') of landscaped area. However, because the pathway may meander, the landscape designer may choose to meander the ten feet (10') of landscaping on each side down to a minimum of five feet (5') on one side provided that the overall minimum width of twenty feet (20') total of landscaping is provided at all points along the pathway.
3. Nonvegetative ground cover is prohibited.
4. Vegetative ground cover shall be used and shall be a combination of all of the following: native grass mix, emergent mix, and/or turf; shrubs; and flowers. (Ord. 2848, 2-7-2011)
5. Trees shall be chosen from the list of Class 2 or Class 3 trees in article 8 of this chapter or as approved by the Landscape Design Review Committee, and shall be a minimum combination of three (3) Class 2 trees and one Class 3 tree. (Ord. 3102, 9-5-2017)
6. There shall be a minimum of one tree for every fifty (50) linear feet of pathway area.
7. There shall be one trash receptacle and park bench provided for every six hundred (600) linear feet of pathway area, and one streetlight for every one hundred fifty (150) linear feet of pathway area. Said trash receptacles and park benches shall be selected from those allowed under subsection 10-12-05(8)A2 of this chapter. Said streetlights shall meet all the requirements listed under subsection 10-12-05(14)B of this chapter.
8. Groupings may be determined by the landscape designer so long as the entire pathway landscaped area is covered with the required items as listed above.
9. In the event irrigation water is not available to the site, alternative landscaping methods may be approved by the Planning and Zoning Department. (Ord. 2848, 2-7-2011)
10. All landscaping maintenance shall be the responsibility of the property owner abutting the pathway and shall be kept 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 pathway. 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 and/or grasses 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. 3102, 9-5-2017)
F. General Provisions:
1. Waiver: Applicants subject to the provisions of this subsection shall be exempt from building a major pathway as listed in subsection (2) of this section.
2. Open Space: Dedication and construction of a public pathway, including the landscaping area around the pathway, shall count towards the qualifying open space requirements per subsection 10-07-05(4)B of this article.
3. Restrictions: All public pathways and public pathways landscape buffers shall be outside of any type of easements for irrigation districts, Boise Project Board Of Control or bureau of reclamation unless written permission from said entity has been specifically granted for said pathway or pathway landscaping. (Ord. 2848, 2-7-2011)
(1) Automatic Pressurized Irrigation System: All wet landscaped areas shall be equipped with a pressurized irrigation pump station and an automatic pressurized irrigation system built to Caldwell municipal irrigation district (CMID) standards utilizing the existing surface or well irrigation water right (if one exists) except as follows: (Ord. 2805, 11-2-2009)
A. Private ownership, operation, and maintenance of an irrigation system is allowed in the following instances and only with strict adherence to the following conditions:
Instances:
1. Residential development or subdivisions, regardless of the zoning district, less than three (3) gross or two (2) irrigable acres in size; or (Ord. 2755, 9-22-2008)
2. All development or subdivisions, regardless of zoning district and other than any type of residential, having less than twenty- six thousand (26,000) square feet of irrigable landscaped area (which includes all landscaping as required by this article and any additional voluntary landscaping for the entire property involved in the development or subdivision); or (Ord. 2805, 11-2-2009)
3. Any development and/or subdivision, regardless of zoning district, unable to obtain a continuous irrigation water supply consistent with CMID standards. In this instance, private ownership, maintenance and operation shall be mandatory until such time that said continuous supply is obtainable; (Ord. 2755, 9-22-2008)
4. The district of any public school can submit a request to the city engineer to construct, operate, and maintain a private pressurized irrigation system for the site regardless of size of area to be irrigated. The city engineer has the authority to approve or deny this request. (Ord. 3049, 5-2-2016)
Conditions:
1. City plan review and inspection fees, as set by city council, shall be required for private systems for all portions required to be built in accordance with CMID specifications;
2. Mains are sized and service connections installed in accordance with CMID specifications;
3. The property is obligated by its owner to a deferral agreement stipulating to participation in a local improvement district for construction of and connection to a regional pressurized irrigation system at the time a main becomes available and/or feasible and the subsequent dedication of said main(s) at the time of connection to said regional pressurized irrigation system. (Ord. 2755, 9-22-2008)
(2) Construction Of Irrigation System: The automatic pressurized irrigation system shall be owned, operated and maintained by the applicable government irrigation entity except as provided in subsection (1)A of this section. The irrigation entity shall review and approve the construction drawings for the irrigation system prior to construction. Actual construction of the irrigation system shall be reviewed and approved by the irrigation entity prior to final plat approval or issuance of a certificate of occupancy. (Ord. 2661, 1-7-2008; Ord. 2755, 9-22-2008)
(3) Watering Purposes: All new developments or subdivisions shall rely upon a nonpotable water source for all irrigation and watering purposes and shall construct and dedicate to the city pressure irrigation facilities in compliance with city and Caldwell municipal irrigation district (CMID) standards and requirements except as provided for in subsection (1)A of this section. (Ord. 2755, 9-22-2008)
(4) Use Of City Water For Irrigation: In the event a property does not possess a surface or well irrigation water right and/or does not have access to surface or well water and has provided satisfactory evidence to the public works director/city engineer of such lack of water right, or access, dry landscaping (as reviewed and approved by the planning and zoning department) may be utilized for all required and voluntary landscaped areas. Additionally, in the event a property does not possess a surface or well irrigation water right or in the instance of a hardship, the development, subdivision, project or parcel may use city water for irrigation purposes, under the conditions noted below in subsections (4)A and (4)B of this section. An application for approval to use city water for irrigation purposes shall have to be submitted to and processed by the water department superintendent. The application is approved or denied on a case by case basis by the public works director/city engineer. All properties within the boundaries of Caldwell lateral irrigation district and Caldwell municipal irrigation district must connect to pressure irrigation if it is deemed available by the applicable irrigation district.
A. Use Of Potable Municipal Water For Irrigation: Potable municipal water may be used for irrigation purposes only if one or more of the following conditions are met:
1. Irrigation water or the point of delivery is not available or located within two hundred fifty feet (250') of commercial or industrial developments, with less than ten thousand (10,000) irrigable square feet, or for single-family residential lots, where irrigation water or the point of delivery is not available or located within one hundred feet (100') of the property in question.
2. The irrigation water system cannot be physically extended as determined by the appropriate irrigation district.
3. The property in question does not have, and has not had for any of the past three (3) years, an irrigation water right and cannot obtain one from the irrigation district by which the property is bounded. Said irrigation district must certify to the city that such a right is not available and cannot be provided.
4. When due to physical health or ability, the operation of the gravity irrigation system has become too difficult to manage, a written letter explaining the hardship case shall be attached to the application for consideration. Hardship cases are mutually approved on a case by case basis by the public works director/city engineer and water department superintendent.
5. Connection to the existing gravity/surface irrigation water exceeds two thousand five hundred dollars ($2,500.00) for commercial lots and one thousand dollars ($1,000.00) for residential lots. Public works director/city engineer and water department superintendent shall grant mutual approval.
6. Recurring flooding of dwellings causing damage and unfavorable conditions is evident and demonstrated to the city public works director/city engineer and water department superintendent.
B. Conditions Of Approval: When connection to potable municipal water for irrigation purposes is granted, the following conditions must be met and the property owner agrees that:
1. If a property is reliant upon city water for irrigation purposes and the property owner has the opportunity to connect to a pressurized irrigation system, that connection shall take place. If this occurs, lock out devices approved by the city water department shall be installed and inspected by the water department to ensure that city water is no longer used during the irrigation season.
2. Any connection to the potable water system for irrigation shall be made in compliance with city and Caldwell municipal irrigation district standards, including the use of an approved backflow prevention assembly, and must be approved by the city engineer.
3. Inspection of the installation of the Caldwell municipal irrigation district approved backflow assembly shall be completed by the water department.
4. The property shall be obligated by its owner to enter into a deferral agreement stipulating participation in a local improvement district for construction of and connection to a regional pressurized irrigation system.
5. When connection to the regional pressure irrigation system becomes available, the property shall be connected to said regional system by and at the cost of the property owner.
6. The property owner shall agree to retain any and all irrigation water rights for the subject property.
7. Backflow assemblies shall be tested upon installation by a state certified backflow assembly tester with test results submitted to the water department within seven (7) calendar days of testing.
8. Backflow assemblies must be inspected every twelve (12) months and results submitted to the water department within seven (7) calendar days of testing. (Ord. 2928, 6-3-2013)
(5) Use Of Shallow Irrigation Wells: In the event a property does not possess a surface or well irrigation water right and is denied permission to utilize city water for irrigation purposes, shallow irrigation wells may be used. Said shallow irrigation wells may also be used as necessary to supplement surface water rights in order to meet supply needs compliant with city and Caldwell municipal irrigation district standards.
A. If rights for shallow irrigation wells cannot be obtained after proven diligent effort and submitted written documentation of said effort, and following case by case approval by the city engineer and the planning and zoning department director, a dry landscaping plan will have to be prepared and submitted to the planning and zoning department for approval.
B. A permit shall be obtained from Idaho department of water resources for all shallow irrigation wells.
C. Installation of shallow irrigation wells shall not create any contamination to the soils, stormwater, drainage water or groundwater.
(6) Design Of Systems: Design of irrigation systems shall follow the requirements of the applicable government irrigation entity that shall own, operate and maintain said system.
(7) Facilities Location:
A. Pump Stations: Pump stations shall be located in a platted common lot (if in a platted subdivision) and a recorded perpetual easement to the city of Caldwell, said easement encompassing convenient maintenance access to said pump station. The lot shall be owned and maintained by a homeowners' or business owners' association. The pump station itself shall be maintained and operated by the government irrigation entity.
B. Main Lines: All irrigation main lines shall be located on private property with the exception of those placed at street crossings. Multi-lot irrigation main lines shall be located in easements according to city and irrigation district requirements to enable Caldwell municipal irrigation district to operate and maintain said lines. Such an agreement would be subject to city engineer and city council approval. All work within public right of way must meet city standards as determined by the city engineer.
C. Irrigation Wells: Irrigation wells shall be located within a platted common lot or a recorded permanent perpetual easement. The placement of well locations may be subject to IDWR and IDEQ approval.
D. Conveyance Facilities: Conveyance facilities within or adjacent to the subject property, including irrigation supply lines, boxes, and diversion structures, shall be located outside of public right of way. (Ord. 2661, 1-7-2008)
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