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Proposed shrubbery species will be evaluated for growth potential. Most shrubs available from landscape nurseries will be acceptable for planting purposes, if they grow to a maximum height of three (3'). Shrubs in the right of way must be pruned to a maximum height of three feet (3') due to vision obstruction occurring when the public (wheel chair included), animals, children, etc. use the sidewalk. The sight vision triangle must be adhered to at intersections for the same reasons.
(Ord. 3252, 3-16-2020)
Please see the Tree Selection Guide at tvcanopy.net/tree-selection-guide for the list of trees not suitable for planting in any public right of way in the City of Caldwell. Certain trees exhibit characteristics including but not limited to: extreme insect or disease susceptibility, soft or brittle wood and/or limited cold and heat hardiness. Such problems often lead to excessive maintenance costs, hazard to other trees and potential public safety hazards. Class I and Class III trees are not allowed in the City of Caldwell right of way unless planter width is ten feet (10') or wider. Conifers and shrub plantings over three feet (3') are not allowed in the City of Caldwell right of way.
(Ord. 3252, 3-16-2020)
(1) When Dutch Elm Disease is found to exist in or on trees on public property or in public right of way, the trees shall be removed as provided in subsection (2) of this section.
(2) When Dutch Elm Disease is found to exist in or on trees on privately owned property, after notice has been served upon the owner of the premises, it shall thereupon become the duty of the owner, or his agent, or occupant or person having custody and control of the property to cause such tree to be removed and destroyed under the direction and supervision of the City Forester. In lieu thereof, it shall be abated through the abatement process as outlined in section 10-08-10 of this code.
(3) Whenever an elm tree is found to be infected with Dutch Elm Disease, the City Forester may order, at his/her sole discretion, all elms within a radius of one thousand feet (1,000') to be treated after first giving public notice by publication once in a newspaper of general circulation in the city setting forth the area to be treated and the time said treating is to be done, at least twenty-four (24) hours before treating restricting parking in the affected area. Additionally, written notice shall be mailed to all property owners within the affected one thousand foot (1,000') radius at least five (5) days prior to treatment. When such notice has been given and parking restrictions placed in effect, the city shall not allow any claim for damage caused by the treatment to any vehicle.
(4) It shall be unlawful for any person to give, sell, or offer for sale as firewood any part of a diseased tree of any species of elm, zelkova or planera.
(Ord. 3252, 3-16-2020)
ARTICLE 9
IMPACT FEES
IMPACT FEES
SECTION:
10-09-01: Legislative Findings
10-09-02: Authority, Applicability, And Effective Date
10-09-03: Intent
10-09-04: Definitions
10-09-05: Imposition And Computation Of Impact Fees
10-09-06: Payment Of Impact Fees
10-09-07: Impact Fee Funds; Refunds Of Impact Fees Paid
10-09-08: Exemptions From Impact Fees
10-09-09: Credits; Reimbursements
10-09-10: Appeals
10-09-11: Development Impact Fee Advisory Committee
10-09-12: Miscellaneous Provisions
The city council of the city of Caldwell, Idaho finds that:
(1) Based on the city of Caldwell comprehensive plan, as amended, adopted by the city pursuant to title 67, chapter 65, Idaho Code, and the general governmental goal of protecting the health, safety, and general welfare of the citizens of the city, it is necessary that the city's public facilities for: a) park and recreation public facilities; and b) public safety public facilities for law enforcement and fire to accommodate new growth and development within the city.
(2) New residential and nonresidential growth and development imposes and will impose increasing demands upon the public facilities.
(3) The revenues generated from new residential and nonresidential growth and development often do not generate sufficient general funds to provide the necessary improvements of these public facilities to accommodate new growth and development.
(4) New growth and development are expected to continue, and will place ever increasing demands on the city to provide and expand the public facilities to serve new growth and development.
(5) The city has planned for the improvement of the public facilities in the city of Caldwell comprehensive plan.
(6) The creation of an equitable impact fee system would enable the city to impose a proportionate share of the costs of needed improvements to the public facilities to accommodate new growth and development, and would assist the city in implementing the comprehensive plan.
(7) In order to implement an equitable impact fee system for the public facilities, the city retained BBC Research & Consulting to prepare an impact fee study for these types of facilities. The resulting documents titled the "Parks And Recreation Impact Fee Analysis, City Of Caldwell", dated July 12, 2004, and "The City Of Caldwell Impact Fee Study And Capital Improvements Plan", dated January 16, 2007 (collectively, the "impact fee study"), recommended for approval by the impact fee advisory committee, are on file in the office of the city clerk of the city of Caldwell.
(8) The impact fee study is consistent with the city of Caldwell comprehensive plan.
(9) The impact fee study sets forth reasonable methodologies and analyses for determining the impacts of various types of new growth and development on the public facilities, and determines the cost of acquiring or constructing the improvements necessary to meet the demands for such public facilities created by new growth and development.
(10) The impact fee study uses a calculation methodology in accordance with generally accepted accounting principles that is net of credits for the present value of revenues that will be generated by new growth and development based on historical funding patterns and that are anticipated to be available to pay for system improvements, including taxes, assessments, user fees, and intergovernmental transfers, and included consideration of the following factors:
A. The cost of existing system improvements within the service area;
B. The means by which existing system improvements have been financed;
C. The extent to which the new growth and development will contribute to the cost of system improvements through taxation, assessment, or developer or landowner contributions, or has previously contributed to the cost of system improvements through developer or landowner contributions;
D. The extent to which the new growth and development is required to contribute to the cost of existing system improvements in the future;
E. The extent to which the new growth and development should be credited for providing system improvements, without charge to other properties within the service area;
F. Extraordinary costs, if any, incurred in serving the new growth and development;
G. The time and price differential inherent in a fair comparison of impact fees paid at different times; and
H. The availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, transfers, and special taxation.
(11) The maximum allowable impact fees described in this article are based on the impact fee study, and do not exceed the costs of system improvements for the public facilities to serve new growth and development that will pay the impact fees.
(12) The police, fire, and parks and recreation public facilities included in the calculation of impact fees in the impact fee study will benefit all new growth and development throughout the city, and it is therefore appropriate to treat all areas of the city as a single service area for purposes of calculating, collecting and spending the impact fees collected.
(13) There is both a rational nexus and a rough proportionality between the development impacts created by each type of development covered by this article and the impact fees that such development will be required to pay.
(14) This article creates a system by which impact fees paid by new growth and development will be used to finance, defray or to provide capital improvements for the public facilities in ways that benefit the development for which impact fees were paid.
(15) This article creates a system under which impact fees shall not be used to correct existing deficiencies in public facilities, or to replace or rehabilitate existing public facilities, or to pay for routine operation or maintenance of those public facilities.
(16) This article is consistent with all applicable provisions of title 67, chapter 82, Idaho Code, concerning impact fee ordinances. (Ord. 2671, 4-3-2007)
(1) This article is enacted pursuant to the city's general police powers pursuant to the authority granted to the city by title 50, Idaho Code, and pursuant to the authority granted to the city by section 67-8201 et seq., Idaho Code.
(2) The provisions of this article shall apply to all of the territory within the limits of the city.
(3) This article is effective May 15, 2007 (the "effective date"), which effective date is at least thirty (30) days subsequent to the passage, approval and publication, according to law, of ordinance 2671, which adopted the provisions hereof.
(4) Applications for building permits received by the city prior to the effective date hereof, or amendments hereto, adopting public safety impact fees or amending or adopting any methodology by which public safety impact fees are calculated, will be exempt from that portion of this article, or amendment enacted after such building permit application, if a valid building permit has been issued or construction has commenced prior to the effective date hereof, or amendment. For building permits that expire or are revoked after the effective date hereof, the fee payor shall be entitled to a refund of previously paid public safety impact fees as provided further in section 10-09-07 of this article, provided that in the case of reapplication for building permit, the public safety impact fee in effect at that time shall be paid.
(5) Notwithstanding any other provision of law, development requirements for system improvements shall be imposed by the city only by way of impact fees imposed pursuant to and in accordance with section 67-8201 et seq., Idaho Code, and this article. (Ord. 2671, 4-3-2007)
(1) The intent of this article is to promote the health, safety and general welfare of the residents of the city.
(2) The intent of this article is to be consistent with those principles for allocating a fair share of the cost of capital improvements to public facilities to serve new growth and development in compliance with the provisions set forth in section 67-8201 et seq., Idaho Code. The provisions of this article shall be interpreted, construed and enforced in accordance with the provisions set forth in section 67-8201 et seq., Idaho Code.
(3) The intent of this article is that impact fees should be charged, collected, and expended for police, fire, and parks and recreation capital improvements to increase the service capacity of such categories of public facilities, which capital improvements are included in approved capital improvements plans that list the capital improvements that may be funded with impact fees.
(4) The intent of this article is to ensure that: public facilities are available to serve new growth and development; new growth and development bears a proportionate share of the cost of police, fire, and parks and recreation capital improvements to such public facilities; to ensure that such proportionate share does not exceed the cost of the capital improvements to such public facilities required to serve new growth and development; and to ensure that the funds collected from new growth and development are used for capital improvements for public facilities that benefit new growth and development.
(5) It is not the intent of this article to collect any monies from new growth and development in excess of the actual amount necessary to offset new demands for capital improvements to public facilities created by such new growth and development.
(6) It is not the intent of this article that the impact fees be used to remedy any deficiency in police, fire, and parks and recreation capital improvements existing on the effective date hereof, or ever be used to replace, rehabilitate, maintain and/or operate any public facilities.
(7) It is not the intent of this article that any monies collected from an impact fee deposited in an impact fee fund ever be commingled with monies from a different fund, or ever be used for capital improvements that are different from those for which the impact fee was paid.
(8) It is not the intent of this article that impact fees be used for:
A. Construction, acquisition or expansion of public facilities other than capital improvements identified in the capital improvements plans.
B. Repair, operation or maintenance of existing or new capital improvements.
C. Upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards.
D. Upgrading, updating, expanding or replacing existing capital improvements to serve existing development to provide better service to existing development.
E. Administrative and operating costs of the city unless such costs are attributable to development of the capital improvements plans used to determine impact fees by a surcharge imposed by ordinance on the collection of an impact fee, which surcharge shall not exceed a development's proportionate share of the cost of preparing the capital improvements plans.
F. Principal payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the city to finance capital improvements identified in the capital improvements plans. (Ord. 2671, 4-3-2007)
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