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HomeMy WebLinkAboutORD 1960BILL N0. 24 ORDINANCE NO. 1960 AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, CREATING A NEW CHAPTER 4 TITLE 5, SECTIONS 1 THROUGH 7; SETTING FORTH THE LEGISLATIVE PURPOSE; ESTABLISHING MINIMUM IMPROVEMENT STANDARDS FOR THE DEVELOPMENT OR CONSTRUCTION UPON LAND LOCATED ADJACENT TO OR ADJOINING UNIMPROVED OR PARTIALLY IMPROVED PUBLIC RIGHTS OF WAY; PROVIDING FOR EXEMPTIONS; PROVIDING FOR THE PROMULGATION OF RULES AND REGULATIONS ESTABLISHING MINIMUM CONSTRUCTION REQUIREMENTS; PROVIDING THAT THE OWNER AND /OR DEVELOPER SHALL SUBMIT A SET OF PLANS FOR ALL OFF -SITE IMPROVEMENTS FOR STREET IMPROVEMENTS, CURBS AND GUTTERS, SANITARY AND /OR STORM SEWERS WITH THE CITY ENGINEER FOR REVIEW FOR COMPLIANCE WITH THE RULES AND REGULATIONS OF THE ORDINANCE; PROVIDING FOR THE POSTING OF A BOND IN LIEU OF COMPLETION OF PROJECTS PRIOR TO FINAL INSPECTION; AND PROVIDING THAT IN THE IMPROVEMENTS PLACED UPON REAL PROPERTY SUBJECT TO THE ORDINANCE WITHOUT HAVING COMPLIED WITH THE TERMS AND CONDITIONS SHALL BE CONSIDERED A NUISANCE; AND PROVIDED THAT THE CITY MAY APPLY TO THE DISTRICT COURT FOR AN INJUNCTION FOR CESSATION OF CONSTRUCTION AND /OR REMOVAL OF ALL CONSTRUCTION. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO: Section 1: That Title 5 of the Municipal Code of the City of Caldwell shall be amended by the addition thereto of a Chapter 4, Subsections 1 through 6 to read as follows: 5 -4 -1: LEGISLATIVE PURPOSE: The City Council of the City of Caldwell finds that the improvement of previously unimproved real properties increases pedestrian and vehicular traffic to and from said properties, necessitates a provision for the delivery of water and disposal of sanitary sewage, necessitates the provision for the control of storm water, surface water and other drainage to insure the orderly flow of surface waters for the protection of adjoining properties and the protection of roads and streets servicing said property; and therefore it is hereby found to be in the best interest of the health, safety and welfare of the citizens of Caldwell to require certain minimum road improvements, the installation of sidewalks, and to require a ORDINANCE - Page 1 0 connection to the City sewer and water systems as a condition precedent to obtaining a building permit and in this regard to regulate the placement of underground utilities. 5 -4 -2: MINIMUM IMPROVEMENTS REQUIRED: It shall be unlawful and there shall be no development and /or construction and /or change of use upon and /or of any land located adjacent to or adjoining unimproved or partially improved public rights of way, nor shall there be issued a building permit to any person who seeks development or construction upon said lands unless the owner and /or the developer of such land constructs minimum improvements upon public rights of way located adjacent or adjoining such land as are specified and provided for in the Rules and Regulations for Minimum Construction Requirements approved by the City Council pursuant to this chapter. A) This section does not apply to any residential premises with existing development which has an existing structure of over 120 square feet of roof area, nor does this section apply to any commercial and /or industrial premises wherein there is proposed construction development which is either an enlargement or an extension of less than forty (40 %) of an existing structure. B) Any owner and /or developer claiming an exemption pursuant to Subsection A of this Section must file an application with the building official for an exemption together with sufficient proof to establish the owner and /or developer's right to the exemption. 5 -4 -3 RULES AND REGULATIONS: The City Engineer shall promulgate Rules and Regulations for minimum construction requirements which are required by this ordinance, and which shall be published as standard City specifications upon approval by resolution of the City Council, and which Rules and Regulations for minimum construction requirements shall specify standards for the following improvements: ORDINANCE - Page 2 r r A) Improvement of unimproved streets: for street excavation to finished upgrade and placement of gravel base course and pavement; B) Improvement of partially improved streets: for combination curb and gutter with asphalt patch to match existing asphalt; C) Sanitary sewers: for establishing when it is physically and economically feasible to connect to an existing or proposed public sewer system and standards for the approval of a septic system when appropriate; D) Storm sewers when appropriate; F) Service Connections: for prescribing all service connections for underground utilities requiring that said utilities shall be placed in back of any proposed sidewalk line and requiring all connections to occur before placing base gravel on any street which is to be improved. 5 -4 -4 SIDEWALK STANDARDS: The building official may defer the requirement for sidewalk construction for an unspecified period of time providing all of the following conditions are met: A. The property is not located on an arterial street; B. There is no sidewalk located with 300 feet of the property, or on the block where development occurs; C. The development is a detached, single family residence; D. An agreement by and between the City and the Owner is recorded at the developer's expense wherein the owner agrees to the installation of the sidewalk at the expense of the Owner upon 60 days notice by the City; and the Owner agrees that no temporary or permanent structure or landscaping will be added which shall impede pedestrian access in the area of the future sidewalk. ORDINANCE - Page 3 5 -4 -5 IMPROVEMENT PLANS: The owner and /or developer of any lands governed by this ordinance shall submit three sets of all off -site improvement plans which plans shall include plans and profiles for street improvements, curb and gutters, sewer system and /or storm sewers which shall be filed with the City Engineer; and which plans shall be reviewed by the City Engineer for compliance with this ordinance and any rules and regulations promulgated pursuant to this ordinance. 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 and /or developer of the specifics of the failure of compliance. 5 -4 -6 BOND REQUIREMENTS: All improvements by the owner and /or developer as required herein shall be required to be completed prior to the final inspection and approval by the City of the improvements. The owner and /or developer may, in lieu of actual construction, file with the City a surety bond written by a surety company authorized to do business in the State in such amount equal to 110% of the cost of the improvements not previously installed, by the owner and /or developer, as estimated by the City Engineer conditioned for the installation of such improvements within a period of 2 years from the date of the bond and which bond shall be approved by the Attorney as to form. In lieu of posting the bond, the individual may post cash or an irrevocable letter of credit in such form as the City may approve. 5 -4 -7 NUISANCE: Any improvements placed upon real property subject to this Ordinance without the developer and /or owner having complied with the terms and conditions of this Chapter shall be considered a nuisance and the City may apply to the District Court for an injunction ordering the cessation of all construction activity and /or the removal of all construction which occurred in violation of the ordinance. ORDINANCE - Page 4 P C] PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, THIS 16th DAY OF November , 1992. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, THIS 16th DAY OF November 1992. ME 95 Attest: By Q��y , City Clerk" ORDINANCE — Page 5