For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY or CITY PROPERTIES. The city of Wallace, Shoshone County, Idaho, all of the real property dedicated, deeded, or leased to the city or otherwise under the physical control of the city, including, but not limited to, public rights-of-way and city parks.
CLEARING. Any activity which removes one-third or more of the vegetative cover, foliage, and/or trees, including, but not limited to, root mat removal and/or topsoil removal within any property line boundaries.
CONTIGUOUS LAND. Parcels adjoining and touching other land and having the same owner regardless of whether or not portions of the parcels have separate tax lot numbers or were purchased at different times, lie in different sections, are different government lots, or are separated from each other by public or private roads or rights-of-way.
EXCAVATION. Any cutting, digging, scooping, or other methods of removing earth or vegetative materials.
FILLING. Any depositing or stockpiling of earth materials.
GRADING. Any excavating or filling of earth materials or any combination thereof, including the real property in its excavated or filled condition.
GROUND COVER. Types of vegetation which are normally terrestrial, and shall include, but not be limited to, trees less than four inches in diameter measured at four and one-half feet above the ground level directly adjacent to and at the highest existing point below that tree.
MAJOR PROJECT. A project involving clearing or grading of more than 5,000 square feet of land, including, but not limited to, soil, topsoil, rocks, sediment, vegetation, and the like, removal or clearing of more than three trees, or the excavation or filling of more than ten cubic yards of material per contiguous parcel(s) per year.
MINOR PROJECT. A project involving clearing, grading, tree removal, excavation, or fill that is less than 5,000 square feet of land, including, but not limited to, soil, topsoil, rocks, sediment, vegetation, and the like, removal or clearing of less than three trees, or the excavation or filling of less than ten cubic yards of material per contiguous parcel per year.
OWNER. The legal or record owner or owners of real property within the city limits.
PARCEL. Real property within the boundaries of an ad valorem tax lot description as found in the county’s ad valorem tax records.
PARKWAY. That portion of a street between the roadway and a sidewalk.
PERSON. Any individual, firm, corporation, partnership, limited partnership, association, limited liability company, professional corporation, or any group or combination acting as a unit.
PUBLIC TREE. Any tree that is on city, county, or other public property owned by the city, including, but not limited to, street rights-of way.
ROADWAY. That portion of a public street improved, designed, or ordinarily used by the general public for vehicle travel.
SIDEWALK. That portion of a public sidewalk improved, designed, or ordinarily used by the general public for pedestrian travel.
SIGNIFICANT TREE. Any tree that has a trunk diameter of 12 inches or more measured at four feet six and inches above the ground level directly adjacent to and at the highest existing grade below that tree.
SLASH. The vegetation left on the ground after natural or human-caused disturbances.
STREET. The entire width between the boundary lines of a public right-of-way dedicated or deeded to the city for use by the general public for purposes of vehicular travel, whether or not maintained by the city and whether or not open for vehicular traffic.
TREE. Living, standing, woody plant having one erect perennial stem (trunk) at least three inches in diameter at a point four feet and six inches above the ground directly adjacent to and at the highest existing grade below that tree, a definitively formed crown of foliage, and a mature height of at least 13 feet.
(Prior Code, § 11-1-2) (Ord. 2004-02, passed 5-17-2004; Ord. 2022-02, passed 4-13-2022)