HomeMy WebLinkAboutORD 3374BILL NO.55
ORDINANCE NO.3374
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING
CHAPTER 10, ARTICLE 09, SECTION 10-09-07(6), OF THE CALDWELL CITY CODE,
PERTAINING TO THE FREQUENCY WITH WHICH REPORTS SHALL BE
PREPARED BY THE DEVELOPMENT IMPACT FEE ADMINISTRATOR AND
PRESENTED TO THE DEVELOPMENT IMPACT FEE ADVISORY COMMITTEE AND
CITY COUNCIL; AMENDING CHAPTER 10, ARTICLE 09, SECTION 10-09-11, OF THE
CALDWELL CITY CODE, PERTAINING TO THE FORMATION AND
CONTINUATION OF THE "DEVELOPMENT IMPACT FEE ADVISORY
COMMITTEE"; AMENDING CHAPTER 11, ARTICLE 02, SECTION 11-02-02, OF THE
CALDWELL CITY CODE, PERTAINING TO THE USE OF THE PROPER NAME OF A
SUBDIVISION, AS REFLECTED ON THE RECORDED FINAL PLAT; PROVIDING 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 10, Article 09, Section 10-09-07(6), of the Caldwell City
Code, pertaining to the frequency with which reports shall be provided by the fee administrator to
the advisory committee and to the city council, be amended as follows:
10-09-07: IMPACT FEE FUNDS; REFUNDS OF IMPACT FEES PAID:
(6) The fee administrator shall prepare qutea annual reports to be provided
to the advisory committee and the city council, which reports shall: a) describe the amount
of all impact fees collected, appropriated or spent for system improvements during the
preceding gtiater-e�year, em a by category of public facility; and b) describe the
percentage of tax and revenues other than impact fees collected, appropriated or spent for
system improvements during the preceding q�u e�year, as ap by category of
public facility.
Section 2. That Chapter 10, Article 09, Section 10-9-11, of the Caldwell City Code,
pertaining to the formation and continuation of the "Development Impact Fee Advisory
Committee," be amended as follows:
10-09-11: DEVELOPMENT IMPACT FEE ADVISORY COMMITTEE:
(1) The city has established an development impact fee
advisory committee pursuant to Idaho Code & 67-8205. The advisory committee
shall continue to be composed of not fewer than five (5) members appointed by the
city council. Two (2) or more members of the advisory committee shall be active
in the business of development, building or real estate. Two (2) or more members
shall not be in the business of development, building, or real estate.
The advisory committee shall serve in an advisory capacity to the city council and
is established to:
A. Assist the city in adopting land use assumptions;
B. Review the capital improvements plans, and proposed
amendments, and file written comments;
C. Monitor and evaluate implementation of the capital
improvements plans;
D. File periodic reports, at least annually, with respect to the capital
improvements plans and report to the city any perceived inequities in
implementing the capital improvements plans or imposing
the impact fees; and
E. Advise the city of the need to update or revise land use
assumptions, the capital improvements plans, and development impact fees.
(2) The city shall make available to the advisory committee, upon request,
all financial and accounting information, professional reports in relation to other
development and implementation of land use assumptions, the capital
improvements plans, and periodic updates of the capital improvements plans.
PAGE
Section 3. That Chapter 11, Article 02, Section 11-02-02, of the Caldwell City Code,
at Subsection (1)(C)(1) thereof, pertaining to the use of the proper name of a subdivision, as
reflected on the recorded final plat, be amended as follows:
11-02-02: CONTENT:
(1) Content; Preliminary Plat:
C. Identification And Descriptive Data:
1. Proposed name of subdivision and its location:
Q, Ssaid name not being a duplicate name of any
other recorded subdivision within Canyon County or any of
the cities in Canyon County;
(ii) Upon recordation of the final plat, all recorded
subdivisions with two, e eraoa given o shall be known
and referred to by said aedthis name, in its complete
form, in all permanent or temporary signage located on or
near the location of the subdivision and in'all marketing and
advertising material and the erAy way to ehange—a
sudivision is to r-er-eeerd the fina4 pp! . This
requirement shall continue through the development of each
phase of the subdivision and shall survive completion of the
subdivision. Owners and developers acting in violation of
this requirement shall subject to the administrative citation
process outlined in Section 10-03-13 of this Code.
(iii) No alternative, abbreviated, or incomplete
£subdivision names, other than the complete name identified
in the recorded nainefinal plat, shall net -be recognized by the
city.
iv Location of subdivision by section, township and
range; reference by dimension and bearing to a combination
of two (2) section corners, quarter section corners, or
recorded monuments.
PAGE
Section 4. This ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
Section 5. 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 6. All ordinances, resolutions, orders and parts thereof in conflict herewith
are repealed.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 6th day
of December, 2021.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 6th
day of December, 2021.
44m�
Mayor Garret Nancolas
ATTEST:
City Clerk, Debbie G r,
(or Deputy)
.•'� of CA/ �''•
S% •'0vpo tG�t+
G .• GG� R9r : Y s
JAN 15
••. I890 .•• �.••
PAGE 4
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 3374
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING CHAPTER 10,
ARTICLE 09, SECTION 10-09-07(6), OF THE CALDWELL CITY CODE, PERTAINING TO THE
FREQUENCY WITH WHICH REPORTS SHALL BE PREPARED BY THE DEVELOPMENT IMPACT
FEE ADMINISTRATOR AND PRESENTED TO THE DEVELOPMENT IMPACT FEE ADVISORY
COMMITTEE AND CITY COUNCIL; AMENDING CHAPTER 10, ARTICLE 09, SECTION 10-09-11, OF
THE CALDWELL CITY CODE, PERTAINING TO THE FORMATION AND CONTINUATION OF THE
"DEVELOPMENT IMPACT FEE ADVISORY COMMITTEE"; AMENDING CHAPTER 11, ARTICLE 02,
SECTION I1-02-02, OF THE CALDWELL CITY CODE, PERTAINING TO THE USE OF THE PROPER
NAME OF A SUBDIVISION, AS REFLECTED ON THE RECORDED FINAL PLAT; PROVIDING AN
EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH.
Sections 1 and 2: Amends Chapter 10, Article 09, Section 10-09-07(6), of the Caldwell City Code, to require that
the Development Impact Fee Administrator shall prepare annual reports for the Development Impact Fee Advisory
Committee and City Council, as required by state law (See I.C. § 67-8210(3)), and removing a requirement that such
reports be prepared each quarter; Amends Chapter 10, Article 09, Section 10-09-11, of the Caldwell City Code, in
order to comply with recent changes in state law (See I.C. § 67-8205), including the addition of a requirement that
two (2) members of the "Development Impact Fee Advisory Committee" not be in the business of development,
business, or real estate.
Section 3: Amends Chapter 11, Article 02, Section 11-02-02, of the Caldwell City Code, at Subsection (1)(C)(1)
thereof, pertaining to the use of the proper name of a subdivision, as reflected on the recorded final plat
Sections 4 through 6: 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. 3374 provides an effective date, which shall be on the 141h day of December, 2021. Ordinance No.
3374 was passed by the Council and approved by the Mayor on the 61 day of December, 2021. The full text of 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 6th day of December, 2021, for publication on the 14`s day of December,
2021, pursuant to Idaho Code § 50-901A.
Mayor Garret Nancolas
ATTEST: Debbie Geyer, City Clerk
STATEMENT OF LEGAL ADVISOR
I have reviewed the foregoing summary and believe
that it provides a true and complete summary of
Ordinance No. 3374 and provides adequate notice to
the public as to the contents of such ordinance.
DATED this th day of December, 2021.
Mar Attomey for City of Caldwell