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HomeMy WebLinkAboutORD 2848BILL NO. 33 ORDINANCE NO. 2848 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 10, ARTICLE 7, SECTION 11 OF THE CALDWELL CITY CODE WHICH IS THE PATHWAY LANDSCAPING STANDARDS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1. Chapter 10, Article 7, Section 11, regarding pathway landscaping standards, shall be amended as follows: (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 c ities. 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 pathwa inquired, shall designate an easement to the City Bill No. 33 (Public Pathways Ordinance) Pagel of 4 vrohibitiniz 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 s 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 aapublic pathway nquired, the construction may be delayed until after final plat or certificate of occupancy approval subject to the applicant filing security ecurityoof performance in accordance with subsection 11 -04 -07 of the Caldwell Cily 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 Disability Act of 1990 and any adopted amendments thereto. 2. Pathwyy 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 of bituminous concrete surface course on top of six inches of aggregate base course set on top of geotextile fabric. b. Concrete Surfaces: Shall have a minimum depth of four inches of concrete on top of four inches 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 600 linear feet of pathway frontage. The exact location shall be approved by the Planning & Zoning Director or assigned staff, with consultation from other city departments. Public pathways shall connect to major and minor pathways. 5. Si page. Way finding and directional signage shall be installed when a public pathway is built. The applicant shall follow the adopted signage policy. Bill No. 33 (Public Pathways Ordinance) Page 2 of 4 D. Public Pathway Acceptance. The City of Caldwell will assume maintenance and control of the public pathwa upon dedication and the City's acceptance for maintenance, similar to its responsibilities for other publically 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- waygranted to the Cit�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 r may choose to meander the ten feet (10'ho landscaping on each side down to a minimum of five feet (5') on one side provided that the overall minimum width of twenty feet eet (20') total of landscaping is provided at all points along the pathway. 3. Non-vegetative 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. 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. 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. Bill No. 33 (Public Pathways Ordinance) Page 3 of 4 0' • 9. In the event irrigation water is not available to the site, alternative landscaping methods may be approved by the planning and zoning department. 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 10 -07 -11(2) of this Chapter. 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 Chapter. 3. All public pathway and public pathways landscape buffers shall be outside of any We 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_ Section 2. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 3. This ordinance shall be in full force and in effect from and after its passage, approval and publication, according to law. Section 4. This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity. PASSED AND ADO TED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this day of , 2011. APPR VED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this day of , 2011. Garret Nancolas, Mayor ® JAN 15 ATTEST: ®® Debbie Geyer, City Cl Bill No. 33 (Public Pathways Ordinance) Page 4 of 4 • . 0