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(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)
(1) Purpose: It is recognized by the city of Caldwell that the landscaping requirements cannot anticipate all landscape situations. It is also recognized that there may be landscape applications or solutions which are in keeping with the spirit and intent of the landscape regulations but were not anticipated in a specific regulation. Therefore, the planning and zoning department may allow for alternative compliance to encourage creative landscaping pursuits or to resolve other issues that cannot comply with this article.
(2) Conditions Of Alternative Compliance Consideration:
A. Site conditions are such that full compliance is impossible or impractical due to the nature of the topography, soil, existing structures or other constraints including lack of water.
B. The site space is limited or the lot is unusual in shape.
C. The street landscape buffer requirement or buffer between differing uses requirement cannot be met due to conditions that impede the practicality of the requirement.
D. The alternative compliance proposal enhances the environment or safety beyond what might be achieved through compliance with standard requirements.
E. Another regulatory agency, possessing jurisdictional authority over landscape matters, requires design standards that meet or exceed the city's requirements or sets them aside. To apply this alternative, the controller will have to provide information to substantiate another agency's policy and authority.
(3) Requirements For Submitting For Alternative Compliance Consideration:
A. Statement of the requirement needing modification.
B. Statement of the condition(s) in this section that provides a basis for relief from the standard requirement.
C. Statement of how the proposed alternative may meet or exceed the standard requirement or serve in lieu of the requirement.
D. Conceptual landscape plan illustrating the proposed method of alternative compliance.
(4) Allowing Alternative Methods Of Compliance: The planning and zoning director has the authority to allow alternative methods of compliance when the circumstances warrant such consideration.
(5) Case By Case Basis: The alternative compliance process is not intended to establish a precedent that others may rely upon for approval basis, rather each request will be considered on a case by case basis.
(6) Variance: In the event the controller cannot meet the standards of this article, nor offers an alternative compliance proposal, which in the judgment of the planning and zoning director is equal to or better than the standard compliance or as it may be modified by another agency's requirement, the controller shall abide by this article's standards. The controller may seek a variance in accordance with the procedure found in section 10-03-05 of this chapter. (Ord. 2661, 1-7-2008)
(1) Issuance Of Certificate Of Occupancy Or Compliance: All required landscaping and site features, as per the landscaping ordinance, development agreement and/or conditions placed upon the application, must be installed prior to issuance of a permanent certificate of occupancy or compliance.
A. Except that property that is developed with any portion of it being a residential subdivision, regardless of the zoning district, shall have all required landscaping and site amenities associated with the subdivision approval and the applicable phase, as per the landscaping ordinance, development agreement and/or conditions placed upon the application, installed and completed prior to the city engineer's signature on the final plat for said phase. In the event said installation is not possible due to weather related or other accepted circumstances as approved by the planning and zoning department, a financial guarantee may be established through the city's financial guarantee process for subdivisions as outlined in section 11-04-07 of this code.
(2) Extension Of Time For Compliance:
A. The building official, in cooperation with the planning and zoning director or his/her authorized designee, may issue a temporary certificate of occupancy or the planning and zoning department may issue a temporary certificate of compliance (whichever is applicable) for a specified time period, not to exceed two hundred ten (210) days when, due to weather related or other accepted circumstances as approved by the planning and zoning department, the landscaping or other required site amenities cannot be completed. (Ord. 2805, 11-2-2009)
(1) Authority: Idaho Code title 67 authorizes the establishment of development standards (see section 67-6518).
(2) Purpose: Landscape plan design review is intended to improve the character of the Indian Creek corridor and the Boise River corridor, protect property rights and values, protect the city's important environmental features and ensure that the general appearance of site improvements are consistent with city goals.
(3) Application: Landscape plan design review shall apply to all land use and building permit applications in the Indian Creek corridor and the Boise River corridor. (Ord. 2661, 1-7-2008)
(4) Membership: The landscape plan design review committee shall be comprised of the planning and zoning director, the senior planner, the parks department supervisor, and the assistant city engineer or the city engineer. (Ord. 2911, 9-4-2012)
(5) Criteria: The landscape plan design review committee will review the landscaping plan according to this article, article 8 of this chapter and other city provisions. The landscaping plan will be reviewed with the intent of enhancing and protecting the appearance of the Indian Creek corridor and Boise River corridor. The following items shall be evaluated:
A. Completeness of the landscaping plan.
B. Strategy to preserve healthy, existing trees and shrubs, if any.
C. Types of trees and shrubs to be planted.
D. Condition of the sidewalk, curb and gutter.
E. Types of vegetative and nonvegetative ground cover.
F. Presentation of any lawn areas, common open space areas, play areas and/or pathways.
G. Buffering and screening devices.
H. Relationship of the landscaping to proposed or existing structures.
I. Condition and placement of driveway accesses.
J. Landscape care and maintenance strategy.
K. Type and source of irrigation.
L. Vision triangle.
M. Trash receptacle screening.
N. Parking lot design and lighting, if new.
O. Condition of parking lot and lighting, if existing.
P. Placement of structures such that no structures are placed along the banks in such a fashion as to cover the water bodies.
Q. No permanent structures, support systems or impediments are placed on the banks of Indian Creek and the Boise River below their high water marks as has been determined by controlling agencies.
R. Preservation of riparian, wetland and wildlife areas and appropriate mitigation plans as approved by jurisdictional agencies. (Ord. 2661, 1-7-2008)
(1) All portions of this article are appealable to the city council provided the controller exercises that right by filing an appeal application and applicable fee for a public hearing to be conducted through the city's public hearing process or according to any provisions noted in the various sections of this article. (Ord. 2805, 11-2-2009)
ARTICLE 8
CALDWELL TREE ORDINANCE
CALDWELL TREE ORDINANCE
SECTION:
10-08-01: Statement Of Value
10-08-02: Purpose
10-08-03: Definitions
10-08-04: Applicability
10-08-05: Standards
10-08-06: Jurisdiction
10-08-07: Duties And Powers Of The City Forester
10-08-08: Controller Responsibilities
10-08-09: Nuisances Designated
10-08-10: Nuisance Abatement
10-08-11: Damaging, Destroying Or Topping Of Public Trees And Shrubs
10-08-12: Private Tree Service Fee Licensing And Certification
10-08-13: Licensee Responsibility
10-08-14: Permit Procedures For Individuals
10-08-15: Violations And Penalties
10-08-16: Tree Preservation And Mitigation
10-08-17: Planting Specifications
10-08-18: Recommended Street Tree List
10-08-19: Shrub
10-08-20: Not To Be Planted In Right-Of-Way
10-08-21: Dutch Elm Disease
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