HomeMy WebLinkAboutORD 3515ORDINANCE NO.3515
BILL NO.31
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 12, ARTICLE 17, SECTION 12-17-05, PERTAINING TO IMPROVEMENT
PLANS FOR RIGHT OF WAY IMPROVEMENTS; 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. That Chapter 12, Article 17, Section 12-17-05 of the Caldwell City Code is
hereby amended, as follows:
The owner/developer of any lands governed by this article shall submit an application for
a right of way permit on a form to be created by the Engineering Department. No work shall be
done in any public right of way until said avplication has been aporoved and a right of way permit
has been approved and issued by the Engineering Department. The Engineering Department may
set out requirements for right of way pen -nit applications so long as said requirements are
reasonably related to protecting persons and public property, which requirements shall include, at
a minimum, the following:
1. Tthree (3) sets of all on and off site improvement plans, as prepared and stamped by a
professional engineer licensed in the State of Idaho, which plans shall include plans
and profiles for street improvements, sidewalk, curb and gutters, street lighting, sewer
system, water system, and/or storm sewers which shall be filed with the City Engineer
along with any applicable plan review fees; and which plans shall be reviewed by the
City Engineer for compliance with this article and any rules and regulations set forth
herein. In the event the City Engineer finds that the plans are in compliance, the City
Engineer shall so certify to the Building Official. In the event the City Engineer finds
that the plans are not in compliance, he shall so state and advise the owner/developer
of the specifics of the failure of compliance. Once the City Engineer has approved said
plans, a preconstruction meeting shall be held prior to commencement of any
construction on site. Preconstruction meetings, construction, and inspections shall take
place as outlined in section 11-04-04 of this code.
2. A traffic control plan compliant with the IPWC Manual and the Caldwell Supplement
thereto.
3. Proof of insurance in the amount not less than one million dollars ($1,000,000). The
City of Caldwell shall be listed thereon as a certificate holder and an additional insured.
Said proof of insurance shall stipulate that the City of Caldwell be held harmless in the
event any claim is made.
Ord. 3515 — Page 1
Section 2. This ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
Section 3. 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.
Section 4. All ordinances, resolutions, orders and parts thereof in conflict herewith are
repealed.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 201h day of
June, 2023.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 20t1 day of
June, 2023.
Mayor Jaro oner
ATTEST:
C�:
City Clerk (or Deputy)
.arm CAL,0", AV
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Ord. 3515 — Page 2
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 3515
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER
12, ARTICLE 17, SECTION 12-17-05, PERTAINING TO IMPROVEMENT PLANS FOR RIGHT
OF WAY IMPROVEMENTS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND
PARTS THEREOF, IN CONFLICT HEREWITH.
Section 1: Amends Caldwell City Code Chapter 12, Article 17, section 12-17-05, by creating a requirement
for improvements in the right of way to first obtain a right of way permit, and adding requirements for
traffic control plans and insurance coverage.
Sections 2 through 4: Provides that this ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law; provides for severability; repeals conflicting ordinances,
resolutions, and orders.
Ordinance No. 3515 provides an effective date, which shall be on the 27' day of June, 2023. Ordinance
No.3515 was passed by the Council and approved by the Mayor on the 201" day of June, 2023. The full text
the Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho 83605. The Mayor and
City Council approved the foregoing summary on the 201" day of June, 2023, for publication on the 27"
day of June, 2023, pursuant to Idaho Code § 50-901 A.
Mayor Jarom Wagoner
ATTEST: Debbie Geyer, City Clerk
STATEMENT OF LEGAL ADVISOR
I have reviewed the foregoing summary and believe
that it provides a true and c plete summary of
Ordinance No. 3515 and Oyides adequate notice to
the publickas t o0ts of such ordinance.
DATED t}t20 a.ofJune, 2023.
Mark FKV ty, or ity oTCaldwell