HomeMy WebLinkAboutORD 2242BILL NO. 21
ORDINANCE NO. 2242
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF
CALDWELL, CANYON COUNTY, STATE OF IDAHO, BY ADDING A NEW
CHAPTER 13; PROVIDING FOR THE ESTABLISHMENT OF STANDARDS
TO BE APPLIED TO STORM DRAINAGE SYSTEMS; PROVIDING THE
PROCEDURE FOR REVIEW AND ADOPTION OF SUCH STANDARDS BY
THE CITY COUNCIL; PROVIDING THE .PROCEDURE FOR AMENDN=
OF SUCH STANDARDS; PROVIDING THE PROCEDURE FOR REVIEW OF
DECISIONS BY ADMINISTRATOR OF SUCH STANDARDS; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CALDWELL, COUN'T'Y OF CANYON, STATE OF IDAHO;
13- 01 -01: SHORT TITLE:
This Chapter shall be known and may be recited and referred to as "The Caldwell
Storm Drainage Ordinance ".
13- 01 -03: PURPOSE:
The purpose of this Ordinance is to provide for the establishment of and the
implementation of a uniform system of standards relating to storm drainage
within the City of Caldwell. Such a system will allow builders, contractors,
developers and property owners to know what standards relating to storm
drainage apply to construction, development sites and other property within the
City of Caldwell. The further purpose of this Ordinance is to provide for
economy and efficiency in the administration of City Government and thereby
provide for safety, promoting of the health and prosperity, peace and good order,
comfort and convenience of the City and the inhabitants thereof, and protecting
the property therein.
13- 01-05: AUTHORITY:
This Ordinance is adopted pursuant to Article 12, Section 2 of the Idaho
Constitution and Idaho Code Sections, 50 -201; 50 -302; 50 -313; 50 -332; 50 -333;
50 -1703; 67 -6502; 67 -6503; 67 -6518.
13- 01-07: ESTABLISHMENT OF STORM DRAINAGE STANDARDS.
A. The City Engineer shall prepare Standards for the City storm drainage system
which are necessary and beneficial for implementation and maintenance of an
effective storm drainage system within the City, and shall submit the proposed
Standards to the City Council for review and adoption.
B. Prior to adoption, amendment or rejection of said Standards the City Council
shall hold a hearing in accordance with the procedure established for public
hearings in matters of planning and zoning by Idaho Code, Section 67 -6509.
C. Upon adoption of Standards 'for the City storm drainage system by the City
Council, the City Engineer will prepare a manual con taining such standards
and will make the Manual available for public inspection.
D. The City Engineer shall implement the adopted Standards whenever
applicable.
E. When the City Engineer is of the opinion that an amendment of the Standards
is necessary or appropriate, the proposed amendment shall be submitted to the
City Council for review. Prior to adoption or rejection of the proposed
amendment, the City Council shall hold a public hearing as provided in
subsection 13- 01 -07(B) hereinabove.
13- 01 -09: APPEAL PROCEDURE:
A. Any party aggrieved by a decision of the City Engineer in administering the
Standards provided for herein may appeal said decision to the City Council by
Ming a written notice of such appeal with the Caldwell City Clerk within ten
(10) days of the date of such decision.
B. The City Council will conduct a public hearing at the next regularly scheduled
Council Meeting following receipt of the appeal, provided that a notice period
of at least fifteen (15) days be provided prior to said hearing. If there is
sufficient time for allowing said notice then the public hearing will be held at
the first regularly scheduled Council meeting, which will allow for a fifteen
(15) day notice of hearing.
C. The public hearing shall be conducted in accordance with the provisions of
the Administrative Procedures Act, Idaho Code, Sections 67 -52201 et seq.
D. The decision of the City Council as to the appeal shall be a final decision.
E. A parry aggrieved by the appeal decision may seek judicial review in the
District Court of the Third Judicial District within twenty -eight (28) days of
the issuance of the appeal decision by the City Council.
13- 01 -11: REPEAL AND RESCISSION:
Any prior ordinance or part thereof, or any prior Resolution adopted pursuant
thereto which is inconsistent with or contradictory to this Ordinance or the
Standards adopted pursuant to this Ordinance relating to the City storm drainage
system are hereby rescinded and repealed.
13- 01 -13: EFFECT OF REPEAL AND RESCISSION:
Provisions of this Ordinance and the Standards implemented hereunder are not to
be taken as a statement of intent by the City Council regarding the meaning or
interpretation of any other ordinance.
13- 01 -15: SAVINGS CLAUSE:
The provisions of this Ordinance and subsequently adopted Standards are hereby
declared to be severable. If any provisions of this Ordinance and subsequently
adopted Standards or application of such provision to any person or circumstances
is declared to be invalid for any reason, such declaration shall not affect the
validity of the remainin portion of this Ordinance and subsequently adopted
Standards.
13- 01 -17: EFFECTIVE DATE:
This Ordinance shall be in full force and effect from and after its passage,
approval, and publication according to law.
PASSED BY THE CITY COUNCIL of the City of Caldwell this 21st day of
December , 1998.
APPROVED BY THE MAYOR of the City of Caldwell this 21,, day of
December 1998.
Mayor
ATTEST:
ka-e2
City Clerk