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(1) Effect On Rights And Liabilities Under The Existing Flood Damage Prevention Ordinance: This article, in part, comes forward by re-enactment of some of the provisions of the Flood Damage Prevention Ordinance enacted May 2, 1975 as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this article shall not affect any action, suit, or proceeding instituted or pending. All provisions of the Flood Damage Prevention Ordinance of the City of Caldwell enacted on May 2, 1975, as amended, which are not reenacted herein are repealed.
(2) Effect Upon Outstanding Floodplain Development Permits: Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the Floodplain Administrator or his or her authorized agents before the time of passage of this article. Provided, however, that when construction is not begun under such outstanding permit within a period of one hundred eighty (180) days subsequent to the date of issuance of the outstanding permit, construction or use shall be in conformity with the provisions of this article. (Ord. 3207, 3-4-2019)
The city council 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 stormwater, 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 city 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. 2794, 7-20-2009)
It shall be unlawful and there shall be no development and/or construction and/or special use permit upon any land located adjacent to or adjoining unimproved, 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 an existing dwelling of more than six hundred (600) square feet of floor area and that has been inhabited at any time within the twelve (12) months prior to application date of the subject building permit, 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 and results in less than five thousand (5,000) square feet of additional floor area.
(2) Any owner/developer claiming an exemption pursuant to subsection (1) of this section must file an application with the City Engineer for an exemption together with sufficient proof to establish the owner/developer right to the exemption.
(3) This section does not apply to any development which qualifies as a subdivision, as that term is defined in chapter 11, article 1 of this code.
(4) The rules, regulations and requirements of this article do apply to all development of property resulting from Simple Lot Splits, as that term is defined in chapter 11, article 1, of this code. (Ord. 2794, 7-20-2009; Ord. 3347, 5-17-2021)
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 City Engineer, 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, minus existing right of way, and provided sufficient right of way exists on the opposite side of centerline to construct half of the design street section with an asphalt mat meeting that requirement but being not less than twenty-four feet (24') in width.
(2) Improvements within right of way or site adjacent master planned right of way shall be constructed in compliance with the current city of Caldwell supplemental specifications to the Idaho standards for public works construction 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, curb and gutter and streetlights 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 city of Caldwell supplemental specifications to the Idaho standards for public works construction.
(4) Building permits shall only be issued for parcels or lots conforming to chapters 10 and 11 of this code.
(5) Structures being constructed pursuant to a building permit shall be connected to public sewer and/or water in conformance with the rules for such connections as prescribed in chapter 4 of this code. Ready connections to said utilities shall be constructed in instances where public sewer and/or water are not available at the time a building permit is issued.
(6) Structures being constructed pursuant to a building permit shall be served by a storm disposal system designed and constructed in conformance with the current city of Caldwell "Storm Water Management Manual". (Ord. 2794, 7-20-2009; Ord. 3347, 5-17-2021)
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