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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)
Prior to the City Engineering Department's signature on a permanent certificate of occupancy, all improvements required herein shall be completed by the owner/developer. The owner/developer may, in lieu of actual construction, file with the city a financial guarantee. Financial guarantees provided in lieu of construction will only be permitted for a duration to be approved by the City Engineer. Failure on behalf of owner/developer to complete said requirements within the time frame approved by the City Engineer may result in the City exercising its rights to utilize funding available from the provided financial guarantee to complete said improvements. In instances where the owner/developer provides a financial guarantee in lieu of construction the owner/developer will only be granted a temporary certificate of occupancy. A permanent certificate of occupancy will not be granted until all required improvements are completed.
(1) Financial guarantees shall be in the form of:
A. Cash deposited with and held by the City pending final completion of the improvements as required in this article; or
B. 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;
C. 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.
(2) 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.
(3) The financial guarantee shall be an amount equal to one hundred twenty- five percent (125%) 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.
A. Estimated cost on remaining work as 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 twenty-five percent (125%) is calculated and that is the financial guarantee amount.
B. 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 inspection by the Engineering Department. Remaining work shall not include anything other than what is required in this article.
(4) 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.
(5) 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.
(6) 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. (Ord. 2794, 7-20-2009; Ord. 3347, 5-17-2021)
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. 2794, 7-20-2009; Ord. 3347, 5-17-2021)
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