(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)