HomeMy WebLinkAboutORD 2794BILL NO. 11
ORDINANCE NO. 2794
AN ORDINANCE AMENDING CHAPTER 12, ARTICLE 17 OF THE CALDWELL
CITY CODE CONCERNING PUBLIC RIGHTS -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. Chapter 12, Article 17 of the Caldwell City Code, concerning public rights -of -way
improvements, shall be amended as follows:
12- 17 -01: LEGISLATIVE PURPOSE:
The eCity eCouncil 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 ensure 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 and right of way dedication,
the installation of curbs, gutters and sidewalks, and to require a connection to the eCity sewer
and water systems (when available) and to facilitate ready connection to city services (when not
presently available) as a condition precedent to obtaining a building permit and in this regard to
regulate the placement of underground utilities. (Ord. 2548, 3 -21 -2005)
12- 17 -02: MINIMUM IMPROVEMENTS REQUIRED:
It shall be unlawful and there shall be no development and/or construction and/or special use
permit ehagg° o &st upon any land located adjacent to or adjoining unimproved,-of partially
improved or master planned 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 to or adjoining such land as are specified and provided for in the rules and regulations
for minimum construction requirements provided herein.
(1) This section does not apply to any residential premises having existing development with an
existing structure of over four hundred (400) square feet of floor 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 floor area of less than forty
percent (40%) of an existing structure.
(2) Any owner and/or developer claiming an exemption pursuant to subsection (1) of this section
must file an application with the Caldwell City Engineer building a eia for an exemption
together with sufficient proof to establish the owner's and/or developer's right to the exemption.
(3) This section does not apply to any development which qualifies as a subdivision under the
Caldwell subdivision ordinance ( chapter 11 of this code). (Ord. 2548, 3 -21 -2005)
12- 17 -03: RULES AND REGULATIONS:
Rules and regulations for minimum construction requirements and right of way
widths are required by this article as follows
(1) Minimum right of way widths for each classification of street shall be as required under the
Caldwell subdivision ordinance ( chapter 11 of this code). At the discretion of the Caldwell e
eEngineer, the right of way required for dedication may be reduced to half minimum right of
way width, on the side of centerline for which the building permit is being applied, less already
existing dedicated right of way, and provided sufficient right of way exists on the opr,osite side
of centerline to construct half of design street section plus seven and one -half feet (7 /
(2) Improvements within right of way or site - adjacent master planned right -of -way shall be
constructed in compliance with the current eCity of Caldwell s &Specifications to
the 289-3 -Idaho sStandards for pPublic wWorks eConstruction and applicable Sewer, Water,
Trails /Pathways, and Transportation Master Plans (detached single family residential may not be
required to comply with Sewer and Water Master Plans if waived by the City Engineer)
(3) Sidewalk and curb and gutter shall be provided on the street frontage on the side of centerline
for which the building permit is being applied, and shall be constructed in compliance with the
current eCity of Caldwell sSupplemental sSpecifications to the 2003 Idaho &Standards for
pPublic wWorks eConstruction. Mi nimum um sidew^lk . i th s h a ll be fo roo (n') f - l .ea str-
a nd fi fe (5') for ai -ials and colleete
(4) Building permits shall no b e i ssue d an lots of «. , o-.a unless sa id lots have F entage t ipan an.
open and impr-oved p4he my be issued for parcels or lots conforming to Chapter 10 and
Chapter 11 of City Code
(54) Structures being constructed pursuant to a building permit shall be connected to public
sewer and/or water, in conformance with the rules for such connection as prescribed L,3.Y in
Chapter 4 of City Code. ,, f�s iee to be e-oftfieeted -is aVailable. Sef-Viee is deeffledEo be
available if the Publiewater- or- sewer- fflain is in Publie f:ight of way and;,N two hund-i-em-A feet
(200') Of the bUildifig Paatpfint o4hagenaiiy pfo �a the right of way line, with stiffieient
(65) Structures being constructed pursuant to a building permit shall be served by a storm
disposal system designed and constructed in conformance with the current e of Caldwell
sStorm wWater mManagement Manual inter-im pakey. (Or-El. 254 8, 3 2 i 2953
12- 17 -04: SIDE W n r Tr DEFERRAL STANDARDS:
The Caldwell City Council may, upon recommendation from the e e -may defer the
requirement for sidewalk curb & gutter, and /or street construction for an unspecified period of
time providing all of the following conditions are met:
(1) The property is not located on an existing arterial street;
(2) There is no sidewalk street and /or curb & gutter located within three hundred feet
(300') of the building footprint closest edge projected peter endicular to the right-
of-way line Cases may be escalated by the City Engineer to the City Council for consideration
in instances where the City Engineer deems it commendable to allow deferral for businesses or
residences subject to this section closer to non - adjacent curb & gutter or pavement improvements
than three hundred feet (300'), provided the City Engineer finds, on a case by case basis, that
hardship or good cause exists for such allowance
(41) An agreement by and between the eCity and the owner is recorded at the developer's
expense wherein the owner agrees as follows
a. to voluntarily annex when legally able to do so (if not in corporate limits)
1. Submit an application for annexation with applicable fees to be held until
such time as annexation becomes available.
b. to the installation of the sidewalk curb & gutter, and street improvements at the
expense of the owner after annexation (if annexation is applicable) and upon sixty (60)
days' notice by the eCity; a nd the
c. that no temporary or permanent structure or landscaping will be added
which shall impede pedestrian access in the area of the future sidewalk. (Ord. 2548, 3 -21-
2005)
d. to participate in any local improvement district (LID) formed for the purpose of
completing any or all such improvements upon subject frontage.
f. to compliance with the terms of this section, the violation of which shall be subject to
penalty as outlined in Section 01 -01 -05 of City Code.
(3) The development i a rletae1,°rl s i n gle f residrAnn__P
( 2) The to °lo .+t i s a .letai.h°rl s i n gle family r-es
mi
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( 2) The to °lo .+t i s a .letai.h°rl s i n gle family r-es
12- 17 -05 -7: IMPROVEMENT PLANS:
mi
12- 17 -05 -7: IMPROVEMENT PLANS:
The owner and /or developer of any lands governed by this article shall submit three (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 gutter, 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 and /or developer of the
specifics of the failure of compliance. Once the City Engineer has approved said plans, a pre-
construction meeting shall be held prior to commencement of any construction on site. Pre -
construction meetings, construction, and inspections shall take place as outlined in Section 11-
04-04 of cit code.
ode.
12 -17 -069: FINANCIAL GUARANTEE REQUIREMENTS:
Prior to the City Engineering Department's signature on a permanent certificate of occupancy,
4All improvements by the owner and/or developer as required herein shall be required to be
completed prior to the final inspection by and subsequent approval by of the City Engineering
Department. The owner and/or developer may, in lieu of actual construction, file with the City a
financial guarantee.
A. Financial guarantees shall be in the form of:
1) Cash deposited with and held by the City pending final completion of the
improvements as required in this article; or
2) Cash - backed irrevocable letter of credit, drawn from a financial institution located
within fifty (50) miles of the City, that has been submitted to and accepted by the
City Engineer and is irrevocable until final completion of all required
improvements as stated within this article;
3) Alternate forms of financial guarantee may be accepted by the City upon a finding
by both the City Attorney and the City Engineer that such alternate form of
financial guarantee is in the best interest of the City
B Financial guarantees shall be submitted to and accepted by the City Engineer prior to the
City Engineering Department's signature on the permanent certificate of occupancy
C The financial guarantee shall be an amount equal to one hundred ten percent (110%) of
the City Engineer's estimate of cost on the remaining work as required in this article and
shall include inflation city bidding_ disadvantage and city project management.
1) Estimated cost on remaining work a s required in this article shall be determined in
part by detailed bids from the owner /developer's contractors as issued on said
contractors' letterhead and submitted to the City Engineer and totaled. To that
total an allotment of five percent (5 %) for inflation, ten percent (10 %) for city
bidding disadvantage and twelve percent (12%) for city project management is
figured and then added to the total bid amounts. Then one hundred ten percent
(I 10%) is calculated and that is the financial guarantee amount.
2) Remaining work as required in this article shall be determined by the Engineering
Department in the form of a punchlist which shall be compiled by the Engineering
Department following an infection by the Engineering Department. Remaining
work shall not include anything other than what is required in this article.
D The financial guarantee is good for twelve (12) months only. If construction of
improvements as required in this article has not been completed within twelve (12)
months of submittal of the financial guarantee remaining work as required in this article
shall be completed by the City and the construction costs recovered from the financial
guarantee.
E Financial guarantees shall be written to allow the City to draw upon the financial
guarantee at any time at the discretion of the City Engineer as well to allow multiple
draws by the City.
F Financial guarantees shall not be released by the City unless and until all of the
improvements as required in this article (including required dedications) have been
completed by the owner /developer and accepted by the City Engineer and by any other
applicable agencies or City departments responsible for acceptance and maintenance.
12 -17 -073: NUISANCE:
Any improvements placed upon real property subject to this article without the developer and/or
owner having complied with the terms and conditions of this article 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 this
article. (Ord. 2548, 3 -21 -2005)
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 ADOPTED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO,
this �'N^� day of , 2009.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO,
this cXD 4 '�' 4 day of , 2009.
ATTEST:
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Garret Nancolas, Mayor
® JAN 1
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Debbie Geyer, City Clerk