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(1) General Standards: In all special flood hazard areas the following provisions are required:
A. All new construction, substantial improvements, and development shall be designed (or modified) and adequately anchored to prevent flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
B. All new construction, substantial improvements, and development shall be constructed with materials and utility equipment resistant to flood damage in accordance with the Technical Bulletin 2, Flood Damage-Resistant Materials Requirements, and available from the Federal Emergency Management Agency and applicable Idaho Building Codes.
C. All new construction, substantial improvements, and development shall be constructed by methods and practices that minimize flood damages.
D. All new and replacement electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding to the flood protection elevation. These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, hot water heaters, and electric outlets/switches.
E. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
F. All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
G. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
H. A fully enclosed area, of new construction and substantially improved structures, which is below the lowest floor used solely for parking, access, and storage shall:
1. Be constructed entirely of flood resistant materials at least to the flood protection elevation; and
2. Include, in Zones A, AE, AH, AO, and A1-30, flood openings to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet or exceed the following minimum design criteria:
(A) A minimum of two (2) flood openings on different sides of each enclosed area subject to flooding;
(B) The total net area of all flood openings must be at least one square inch for each square foot of enclosed area subject to flooding;
(C) If a building has more than one enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit;
(D) The bottom of all required flood openings shall be no higher than one foot (1') above the interior or exterior adjacent grade;
(E) Flood openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and
(F) Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require flood openings. Masonry or flood resistant wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings as outlined above.
I. Nothing in this article shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this article and located totally or partially within the floodway, or stream setback, provided there is no additional encroachment below the flood protection elevation in the floodway, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of this article.
J. New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted, except by variance as specified in subsection 12-15-07(5)I of this article. A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a special flood hazard area only if the structure or tank is either elevated or floodproofed to at least the flood protection elevation and certified in accordance with the provisions of subsection 12-15-07(3)C of this article.
K. All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage and determined to be reasonably safe from flooding.
L. All subdivision proposals and other development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
M. All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure to flood hazards.
N. All subdivision proposals and other development proposals shall have received all necessary permits from those governmental agencies for which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334.
O. All subdivision proposals and other development proposals greater than fifty (50) lots or five (5) acres, whichever is the lesser, shall include within such proposals base flood elevation data.
P. When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvements.
Q. When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and the highest base flood elevation (BFE) shall apply.
(2) Specific Standards: In all special flood hazard areas where base flood elevation (BFE) data has been provided, as set forth in subsection 12-15-05(2) of this article or subsection (4) of this section, the following provisions, in addition to the provisions of subsection (1) of this section, are required:
A. Residential Construction: New construction, substantial improvements, and development of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated no lower than the flood protection elevation, as defined in section 12-15-03 of this article.
B. Non-Residential Construction: New construction, substantial improvements, and development of any commercial, industrial, or other non-residential structure shall have the lowest floor, including basement, elevated no lower than the flood protection elevation, as defined in section 12-15-03 of this article. Structures located in Zones A, AE, AH, AO, and A1-30 may be floodproofed to the flood protection elevation in lieu of elevation provided that all areas of the structure, together with attendant utility and sanitary facilities, below the flood protection elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. For AH and AO Zones, the floodproofing elevation shall be in accordance with subsection (6)B of this section. A registered professional engineer or architect shall certify that the floodproofing standards of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in subsection 12-15-07(3)C of this article.
C. Manufactured Homes:
1. New and replacement manufactured homes shall be elevated so that the lowest floor of the manufactured home is no lower than the flood protection elevation, as defined in section 12-15-03 of this article.
2. Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement, either by certified engineered foundation system, or in accordance with the most current edition of the Idaho Division of Building Safety's "Idaho Manufactured Home Installation Standard" in accordance with Idaho Code section 44-2201(2). Additionally, when the elevation would be met by an elevation of the chassis thirty- six inches (36") or less above the grade at the site, the chassis shall be supported by reinforced piers or engineered foundation. When the elevation of the chassis is above thirty- six inches (36") in height, an engineering certification is required.
3. All enclosures or skirting below the lowest floor shall meet the requirements of subsections (1)H1 through (1)H2 of this section.
4. An evacuation plan is strongly encouraged to be developed for evacuation of all residents of all new, substantially improved, or substantially damaged manufactured home parks or subdivisions located within flood prone areas.
D. Additions/Improvements:
1. Additions and/or improvements to pre-FIRM structures: When the addition and/or improvements in combination with any interior modifications to the existing structure are:
(A) Not a "substantial improvement", the addition and/or improvements must be designed to minimize flood damages and must not be any more non-conforming than the existing structure; or
(B) A "substantial improvement", both the existing structure and the addition and/or improvements must comply with the standards for new construction.
2. Additions to non-compliant post-FIRM structures that are a substantial improvement with no modifications to the existing structure other than a standard door in the common wall shall require only the addition to comply with the standards for new construction.
3. Additions and/or improvements to non-compliant post-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:
(A) Not a substantial improvement, the addition and/or improvements only must comply with the standards for new construction; or
(B) A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.
E. Recreational Vehicles: Recreational vehicles shall be either:
1. Temporary Placement:
(A) Be on site for fewer than one hundred eighty (180) consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions); or
2. Permanent Placement:
(A) Recreational vehicles that do not meet the limitations of temporary placement shall meet all the requirements for new construction, as set forth in subsection (1) of this section.
F. Temporary Non-Residential Structures: Prior to the issuance of a floodplain development permit for a temporary structure, the applicant must submit to the Floodplain Administrator a plan for the removal of such structure(s) in the event of a flash flood or other type of flood warning notification. The following information shall be submitted in writing to the Floodplain Administrator for review and written approval:
1. A specified time period for which the temporary use will be permitted. Time specified may not exceed six (6) months, renewable up to one year;
2. The name, address, and phone number of the individual responsible for the removal of the temporary structure;
3. The time frame prior to the event at which a structure will be removed (i.e., immediately upon flood warning notification);
4. A copy of the contract or other suitable instrument with the entity responsible for physical removal of the structure; and
5. Designation, accompanied by documentation, of a location outside the special flood hazard area, to which the temporary structure will be moved.
6. Temporary structures in the floodway must provide a hydraulic and hydrology analysis along with a No-Rise Certification.
G. Accessory Structures (Appurtenant Structures): When accessory structures (sheds, detached garages, etc.) used solely for parking, and storage are to be placed within a special flood hazard area, elevation certificate or floodproofing certificate is required in accordance with subsection 12-15-07(3)C of this article, and the following criteria shall be met:
1. Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking, or restroom areas);
2. Accessory structures shall not be temperature-controlled;
3. Accessory structures shall be designed to have low flood damage potential;
4. Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;
5. Accessory structures shall be firmly anchored in accordance with the provisions of subsection (1)A of this section;
6. All utility equipment and machinery, such as electrical, shall be installed in accordance with the provisions of subsection (1)D of this section; and
7. Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below flood protection elevation in conformance with the provisions of subsection (1)H of this section.
8. Accessory structures not used solely for parking, access, and storage must be elevated per subsections (2)A through (2)B of this section.
An accessory structure with a footprint less than two hundred (200) square feet and is a minimal investment of seven thousand five hundred dollars ($7,500.00) or less and satisfies the criteria outlined in subsections (2)G1 through (2)G7 of this section is not required to provide the elevation certificate per subsection (2)B of this section.
H. Tanks: When gas and liquid storage tanks are to be placed within a special flood hazard area, the following criteria shall be met:
1. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the base flood, including the effects of buoyancy (assuming the tank is empty);
2. Elevated above-ground tanks, in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse, or lateral movement during conditions of the base flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area;
3. Not elevated above-ground tanks may be permitted in flood hazard areas provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris;
4. Tank inlets, fill openings, outlets and vents shall be:
(A) At or above the flood protection elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the base flood; and
(B) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood.
I. Construction Of Below-Grade Crawlspace:
1. The interior grade of a below-grade crawlspace must not be more than two feet (2') below the exterior lowest adjacent grade (LAG).
2. The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall, must not exceed four feet (4') at any point.
3. There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event.
4. The velocity of floodwaters at the site should not exceed five feet (5') per second for any crawlspace.
5. See FEMA Technical Bulletin 11 for further information. Buildings that have below-grade crawlspaces will have higher flood insurance premiums than buildings that have the preferred crawlspace construction, with the interior elevation of the crawlspace soil at or above the base flood elevation (BFE).
J. Other Development In Regulated Floodways:
1. Fences that have the potential to block the passage of floodwaters in regulated floodways shall meet the limitations of subsection (5) of this section.
2. Retaining walls, solid walls, sidewalks, and driveways that involve the placement of fill in regulated floodways shall meet the limitations of subsection (5) of this section.
3. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings, and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, which propose the addition of fill which may encroach into regulated floodways, shall meet the limitations of subsection (5) of this section.
4. Permanently installed infrastructure utilized for drilling water, oil, and/or gas wells including fuel storage tanks, and any appurtenant equipment at the site that encroach into regulated floodways shall meet the limitations of subsection (5) of this section.
5. Docks, piers, boat ramps, marinas, moorings, decks, docking facilities, port facilities, shipbuilding, and ship repair facilities with potential to obstruct flow and encroach into regulated floodways shall meet the limitations of subsection (5) of this section.
(3) Standards For Floodplains Without Established Base Flood Elevations: Within the special flood hazard areas designated as Zone A (also known as Unnumbered A Zones) and established in subsection 12-15-05(2) of this article, where no base flood elevation (BFE) data has been provided by FEMA, the following provisions, in addition to the provisions of subsection (1) of this section, shall apply:
The BFE used in determining the flood protection elevation (FPE) shall be determined based on the following criteria:
A. When base flood elevation (BFE) data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this article and shall be elevated or floodproofed in accordance with standards in subsections (1) through (2) of this section.
B. When floodway data is available from a Federal, State, or other source, all new construction and substantial improvements within floodway areas shall also comply with the requirements of subsections (2) and (5) of this section.
C. Require that all new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than fifty (50) lots or five (5) acres, whichever is the lesser, include within such proposals base flood elevation data. Such base flood elevation (BFE) data shall be adopted by reference in accordance with subsection 12-15-05(2) of this article and utilized in implementing this article. See FEMA 480 and/or FEMA 265 for further information.
D. When base flood elevation (BFE) data is not available from a Federal, State, or other source as outlined above, the lowest floor shall be elevated or floodproofed (non- residential) to two feet (2.0') above the highest adjacent grade (HAG) at the building site or to the flood protection elevation (FPE) whichever is higher, as defined in section 12-15-03 of this article. All other applicable provisions of subsection (2) of this section shall also apply.
(4) Standards For Riverine Floodplains With Base Flood Elevations But Without Established Floodways: Along rivers and streams where base flood elevation (BFE) data is provided by FEMA or is available from another source but floodways are not identified for a special flood hazard area on the FIRM or in the FIS report, the following requirements shall apply to all development within such areas:
A. Standards of subsections (1) and (2) of this section; and
B. Until a regulatory floodway is designated, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless certification with supporting technical data by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood at any point within the community.
(5) Standards For Floodways: Areas designated as floodways located within the special flood hazard areas established in subsection 12-15-05(2) of this article. The following provisions, in addition to standards outlined in subsections (1) and (2) of this section, shall apply to all development within such areas:
A. No encroachments, including fill, new construction, substantial improvements, and other developments shall be permitted unless:
1. It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the Floodplain Administrator prior to issuance of floodplain development permit (This is a No-Rise Analysis and Certification.); or
2. A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision (LOMR) must also be obtained within six (6) months of completion of the proposed encroachment.
B. If subsection (5)A of this section is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this article.
C. Manufactured homes may be permitted provided the following provisions are met:
1. The anchoring and the elevation standards of subsection (2)C of this section; and
2. The encroachment standards of subsection (5)A of this section.
(6) Standards For Areas Of Shallow Flooding (Zone AO, AH, AR/AO, Or AR/AH): Areas designated as shallow flooding areas have special flood hazards associated with base flood depths of one foot (1') to three feet (3') where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to subsections (1) and (2) of this section, all new construction and substantial improvements shall meet the following requirements:
A. The lowest floor shall be elevated at least as high as the depth number specified on the Flood Insurance Rate Map (FIRM), in feet, plus a freeboard of one foot (1'), above the highest adjacent grade; or at least two feet (2') above the highest adjacent grade if no depth number is specified.
B. Non-residential structures may, in lieu of elevation, be floodproofed to the same level as required in subsection (6)A of this section so that the structure, together with attendant utility and sanitary facilities, below that level shall be watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required in accordance with subsections 12-15-07(3)C and (2)B of this article.
C. Accessory structure (appurtenant structure) (sheds, detached garages, etc.):
1. Used solely for parking, access, and storage:
(A) Shall have the lowest floor elevated at least as high as the depth number specified on the Flood Insurance Rate Map (FIRM); or at least two feet (2') above the highest adjacent grade if no depth number is specified; or
(B) Shall have flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below flood protection elevation in conformance with the provisions of subsection (1)H of this section.
2. Not used solely for parking, access, and storage:
(A) Shall be elevated per subsections (2)A through (2)B of this section.
D. Adequate drainage paths shall be provided around structures on slopes to guide floodwaters around and away from proposed structures. (Ord. 3207, 3-4-2019)
(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)
The Caldwell City Council may, upon recommendation from the City Engineer, defer the requirement for sidewalk, curb and 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 paved street and/or curb and gutter located within three hundred feet (300') of the building footprint's closest edge projected perpendicular 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 nonadjacent curb and 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;
(3) An agreement by and between the City 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) by submission of an application for annexation, including all applicable fees, to the City of Caldwell Planning and Zoning Department to be held until such time as annexation becomes available; at which time the City of Caldwell Planning and Zoning Department will automatically annex said parcel into the City of Caldwell city limits.
B. To the installation of the sidewalk, curb and gutter, and street improvements at the expense of the owner after annexation (if annexation is applicable) and upon sixty (60) days' notice by the City.
C. That no temporary or permanent structure or landscaping will be added which shall impede pedestrian access in the area of the future sidewalk.
D. To participate in any local improvement district (LID) formed for the purpose of completing any or all such improvements upon subject frontage.
E. 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 this code. (Ord. 2794, 7-20-2009; Ord. 3347, 5-17-2021)
The owner/developer of any lands governed by this article shall submit an application for a right of way permit on a form to be created by the Engineering Department. No work shall be done in any public right of way until said application has been approved and a right of way permit has been approved and issued by the Engineering Department. The Engineering Department may set out requirements for right of way permit applications so long as said requirements are reasonably related to protecting persons and public property, which requirements shall include, at a minimum, the following:
(1) 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 gutters, street lighting, 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/developer of the specifics of the failure of compliance. Once the City Engineer has approved said plans, a preconstruction meeting shall be held prior to commencement of any construction on site. Preconstruction meetings, construction, and inspections shall take place as outlined in section 11-04-04 of this code.
(2) A traffic control plan compliant with the IPWC Manual and the Caldwell Supplement thereto.
(3) Proof of insurance in the amount not less than one million dollars ($1,000,000.00). The City of Caldwell shall be listed thereon as a certificate holder and an additional insured. Said proof of insurance shall stipulate that the City of Caldwell be held harmless in the event any claim is made. (Ord. 2794, 7-20-2009; Ord. 3347, 5-17-2021; Ord. 3515, 6-20-2023)
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