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PUBLIC AGENCY
ITEM DATE SUBMITTED BY
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Erigirleevs, Inc.
TO: Linda James
City of Caldwell
621 Cleveland Blvd.
Caldwell, ID 83605
DATE: November 4, 1997
RE: Proposed Amendments to Subdivision
Dear Linda -
VIA FAX
Thank you for the opportunity to review the Proposed Amendments to the Caldwell City
Subdivision Ordinance. I would like to submit the following comments for consideration by the
Council.
Section 1(3)
While I agree that it is important that a licensed land surveyor be involved in the boundary
aspect of a preliminary plat, this aspect is only one part of the design and planning required. I
would submit that the land surveyor is not qualified to evaluate the design and planning of water,
sewer, irrigation and road systems. In addition, there are significant aspects of lot size and shape,
setbacks, access, and density standards for which land surveyors not necessarily more qualified to
evaluate than a land use planner or a licensed professional engineer.
Section 54-1218 of the Idaho Code states: "It shall be unlawful for this state, or for any county,
city, school district, irrigation district, drainage district, or other subdivision of the state, having
power to levy taxes or assessments against property situated therein, to engage in the construction
of any public work when the public health or safety is involved unless the plans and specifications
and estimates have been prepared by, and the construction reviewed by a registered professional
engineer."
Section 54-1202 of the Idaho Code further states:
"The terms "professional engineering" and "practice of professional engineering" mean
any service or creative work offered to or performed for the public, such as consultation,
investigation, evaluation, planning, designing, teaching upper division engineering design subjects,
and responsible charge of observation of construction in connection with any public or private
utilities, structures, buildings, machines, equipment, processes, works, or projects, wherein the
public welfare or the safeguarding of life, health, or property is concerned or involved, when such
service requires the application of engineering principles of data.
870 NORTH LINDER SUITE B - MERIDIAN. IDAHO 83642 • (208) 887-7760 s FAX (208) 887-7781
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I interpret these statements to mean that the requirement that only land surveyors be permitted to
submit preliminary plats and not requiring the review of a licensed professional engineer:
1) Requires licensed land surveyors to perform planning work which is reserved by state law for
professional engineers.
2) Prohibits professional engineers from performing work which they specifically authorized by
State Law to perform.
I believe that professional engineers should be required to prepare preliminary plats. If the City
believes that the review of a land surveyor is critical to the process, this review should be in
addition to and not in place of the professional engineer.
Section 3 (7) A 2.
Again referring to the above quotes from the Idaho Code, improvement plans should be
required to be sealed and signed by a licensed professional engineer.
Again, thank you for the opportunity to provide input to your process. If you have any questions or
comments regarding this matter please call me at (208)887-7760.
Sincerely,
David A. Bailey, P.E.