TITLE 9 - PUBLIC WAYS AND PROPERTY

Sections:

Any street names which are changed shall be by ordinance. Names for new or additional streets shall be approved by the council.

(Ord. 2107; Amd. Ord. 2914)

All residential structures, commercial and industrial structures shall be identified with a premises identification number (address). All numbers shall contrast with their background. Single-family residential addresses shall be a minimum of six inches in height. Multi-unit residential structures containing three or more units, commercial and industrial structures address numbers shall be a minimum of ten inches in height. Multi-unit residential structures containing three or more units, commercial or industrial structures on corner lots shall have the building number appear on both elevations of the building(s) that adjoin streets or avenues. The city engineer or his/her designee shall be solely authorized to assign address numbers for properties in the Nampa addressing impact area.

(Ord. 2107; Amd. Ord. 2914)

All streets, avenues, courts or places in the Nampa addressing impact area shall have designated directional prefix as running east and west, and all streets running at right angles, as north and south.

(Ord. 2107; Amd. Ord. 2914)

No person shall perform construction on a public right-of-way without first obtaining from the city engineer's office a right-of-way permit. All construction shall be performed in conformance to the conditions of said permit.

(Ord. 2107; Amd. Ord. 2914)

Prior to the consideration of any petition or request for the vacation of any street an application requesting the same must first be filed with the office of the planning director, which said application shall be on the form provided by the planning director and shall be accompanied by a filing fee in an amount established by the council. Filing fees are nonrefundable. ^[1]

(Ord. 2107)

A.

Public hearing required. Prior to the adoption of a neighborhood master street plan for any platted or unplatted area of the city a public hearing shall first be held before the planning commission. Notice of such hearing shall be given by mailing written notice to the owners of the property upon which the proposed streets are to be located and to the owners of the property adjacent to said proposed streets. The written notice shall be mailed at least ten days prior to the hearing date.

B.

Council approval. Any neighborhood master street plan adopted by the planning commission shall be recommended to the council for approval. The council may either accept or reject the plan in whole or in part.

C.

Violation. The development of property in violation of any duly adopted and approved neighborhood master street plan is prohibited.

D.

Dedication of right-of-way of street. Prior to issuance of development permits for property situated adjacent to any duly adopted and approved Master Street Plan, property owners shall be required to dedicate the right-of-way so designated on the property by the neighborhood Master Street Plan.

(Ord. 2107)

Certain bench marks, being United States coast and geodetic survey monuments or brass caps permanently set by survey are accepted as official bench marks for the city. A record of these bench marks is on file in the city engineer's office. Removal or destruction of bench marks shall be deemed a misdemeanor.

(Ord. 2107; Amd. Ord. 2914)

A.

Maintenance responsibilities.

1.

It is the duty of every property owner to maintain, repair, and, if necessary, replace the curb, gutter and sidewalk located in public right-of-way adjacent to the owner's property. If a property owner fails, after receiving notice from the city to construct, repair or replace damaged curb, gutter or sidewalk located in public right-of-way adjacent to the owner's property, the city may cause the work to be done and assess the costs thereof against the property owner and such costs shall constitute a lien against said property. Said assessment shall be collected as provided in Idaho Code section 50-1008.

2.

The accumulation of snow, ice, dirt or any solid waste upon sidewalks of the city or placement of items (e.g., dumpsters, portable backstops, landscaping features, etc.) upon such so as to obstruct the same is declared to be a nuisance. It shall be the responsibility of the owner of the property adjacent to the sidewalk whereon the obstruction(s) is/are located to move or remove said obstruction(s) in a timely manner. Provided, however, the city may, with or without notice, clear all sidewalks of snow, ice, dirt or any solid waste, and assess the cost against the property abutting the sidewalk so cleaned. Said assessment shall be collected as provided in Idaho Code section 50-1008.

3.

It shall be unlawful to push snow or ice off a private property or driveway onto a city sidewalk, or into the public right-of-way (i.e., a street).

4.

The city is not responsible to clear private driveways or drive approaches on private property. It is the responsibility of each property owner to remove any snow or ice pushed by city snow plows or snow plowing contractors onto their driveways, sidewalks or in front of mailboxes.

(Ord. 4340, 9-18-2017)

It shall be unlawful for any person(s) to reside or stay more than 72 hours in an "unauthorized dwelling unit" on public rights-of-way. "Public rights-of-way" shall mean all roadways, sidewalks, and land directly appurtenant to such roadways and sidewalks that are under the jurisdiction of the City of Nampa or the State of Idaho or any of its political subdivisions. "Unauthorized dwelling units" are and shall include: vehicles (i.e., cars, trucks, trailers (office, camp, horse, vehicle transport and utility types, etc.), buses, RVs, towed pop tents, camper shells, fifth wheels, boats) and other portable and temporary shelters including, but not limited to, tents and boxes. A violation of this section shall constitute an infraction, punishable as follows:

1.

A first violation is subject to a fine in the amount of $100.00.

2.

A second violation within three years is subject to a fine in the amount of $200.00.

3.

A third violation within three years is subject to a fine in the amount of $300.00.

4.

A fourth violation within three years shall constitute a misdemeanor, punishable by a fine of up to $1,000.00 and/or term of imprisonment not to exceed six months.

(Ord. 4428, 4-15-2019; Ord. No. 4851, § 1, 4-21-2025)

Sections:

The city engineer, or his designated representative, shall prepare, from time to time, standard specifications, standard drawings, and other regulations for establishing uniform and minimum standards of construction for public work facilities. These standards may be for, but are not limited to, the construction of curbs, gutters, sidewalks, approaches, streets, water, sanitary sewer, storm sewers, irrigation, gas, power, telephone, parking, drainage structures, bridges and other public works type of facilities.

(Ord. 2107)

When such standard regulations are prepared or modified they shall be presented to the council for approval. At the time of the approval, the council shall:

A.

Authorize the mayor to sign the documents.

B.

Establish charges for furnishing these documents to the public.

C.

State any other regulations that may be pertinent to the implementation of such material.

Any standard regulations that are approved as outlined herein are to be adopted as part of this chapter as though set out at full and in length.

(Ord. 2107)

Not less than three copies of any such documents shall be on file in the office of the city engineer.

(Ord. 2107)

Sections:

There shall be no development or construction upon land located adjacent to or adjoining unimproved or partially improved public rights-of-way unless the owner or developer of such land constructs the following minimum improvements upon the public right-of-way located adjacent to or adjoining such land:

A.

For rights-of-way classified as arterial roadways.

1.

Sanitary sewer. Sanitary sewer collection system where it is physically and economically feasible to connect to an existing or proposed public sewer system in accordance with the city's adopted sewer master plan.

2.

Irrigation system. Irrigation distribution system where it is physically and economically feasible to connect to an existing or proposed public irrigation system in accordance with the city's adopted irrigation master plan.

3.

Domestic water system. Domestic water distribution system where it is physically and economically feasible to connect to an existing or proposed public domestic water system in accordance with the city's adopted domestic water master plan.

4.

Storm drainage. Storm drainage facilities designed to handle the required drainage per the city's adopted engineering process and policy manual.

5.

Street improvements.

a.

Sidewalk.

b.

Pavement improvements for widening or turn lanes as identified by a traffic impact study as required by the city's transportation impact study policy.

B.

For collector and local roadways.

1.

Sanitary sewer. Sanitary sewer collection system where it is physically and economically feasible to connect to an existing or proposed public sewer system in accordance with the city's adopted sewer master plan.

2.

Irrigation system. Irrigation distribution system where it is physically and economically feasible to connect to an existing or proposed public irrigation system in accordance with the city's adopted irrigation master plan.

3.

Domestic water system. Domestic water distribution system where it is physically and economically feasible to connect to an existing or proposed public domestic water system in accordance with the city's adopted domestic water master plan.

4.

Storm drainage. Storm drainage facilities designed to handle the required drainage per the city's adopted engineering process and policy manual.

5.

Street improvements.

a.

Sidewalk.

b.

Curb and gutter.

c.

Pavement improvements at the required width per the city's adopted engineering process and policy manual.

C.

Sidewalks. The city may defer the requirements for sidewalk construction provided all of the following conditions are met:

1.

The property is not located on an arterial street;

2.

There is no sidewalk located within 300 feet of the property, or on the block where development occurs;

3.

The development is a detached, single-family residence;

4.

A deferral agreement, running with the land and binding upon the owner and successors will be recorded at the developer's expense which will require the installation of sidewalk at the expense of the owner upon 60 days' notice by the city;

5.

No temporary or permanent structure or landscaping will be added which shall impede the pedestrian access along the area of the future sidewalk.

D.

Service connections placement. All service connections for underground utilities shall be placed to a point in back of any proposed sidewalk line before placing base gravel for the street.

(Ord. 4424, 3-4-2019; Ord. No. 4721, § 1, 3-6-2023)

The minimum construction requirements shall be the published standard city specifications. Three sets of all off site improvement plans such as plans and profiles for street improvements, curb and gutters, sanitary and/or storm sewers shall be filed with the city engineer. When approved, one set shall be returned to the developer or owner with the engineer's written approval.

(Ord. 2107)

All improvements by the owner or developer as required herein shall be required to be completed prior to the final inspection and approval by the city of the development. The owner or developer may, in lieu of actual construction, file with the city clerk a surety bond written by a surety company authorized to do business in the state in such amount equal to 110 percent of the cost of the improvements not previously installed, by the owner or developer, as estimated by the city engineer conditioned for the installation of such improvements within a period of two years from the date of the bond and which bond shall be approved by the attorney as to form. In lieu of posting the bond, the individual may post cash or an irrevocable letter of credit in such form as the city may approve.

(Ord. 2107)

Sections:

The official plat of the cemetery is on file in the county recorder's office.

(Ord. 2107)

Cemetery spaces shall be used only for burial of the human dead.

(Ord. 2107)

Cemetery spaces shall be conveyed by the city by furnishing the purchaser a certificate describing the location of the space(s) and signed by the mayor and clerk.

(Ord. 2107)

In the event said space(s) are not used for interment purposes within 50 years from the date of purchase, any such space shall revert to the city. The 50 year period may be extended upon written application by the purchaser, or current owner, and approval of the city prior to the expiration of the 50 years.

(Ord. 2107)

All fees relating to the burial of the human dead including cost of spaces shall be set by resolution of the mayor and council.

(Ord. 2107)

It is unlawful to enclose any cemetery lot with a fence or coping of any kind.

(Ord. 2107)

No trees, shrubs, or vegetation other than grass or flowers shall be planted or grown on cemetery spaces. Shrubs and trees are defined as any plant that develops a woody type root, including roses, azaleas, etc.

(Ord. 2107)

It is unlawful for any person to erect any monument or gravestone that exceeds 30 inches in height from ground level. Foot stone markers are allowed, but they shall not exceed ground level.

(Ord. 2107)

The cemetery shall be open to the public every day of the year from one-half hour before sunrise until one-half hour after sunset. Persons and vehicles shall be excluded from the cemetery during the hours of closure.

(Ord. 2107)

The cemetery director has the authority to temporarily close the cemetery, or any portion thereof, at such times as he deems necessary to protect the cemetery and in the best interest of the city.

(Ord. 2107)

No casket shall be buried unless placed in a permanent outer burial container as approved by the cemetery director.

(Ord. 2107)

Sections:

As used in this chapter, each of the terms defined has the meaning given in this section unless a different meaning is clearly required by the context. The word "shall" is mandatory, not directory.

At large: A dog or other animal off the premises of the owner and not under control by adequate leash.

Camp: To remain overnight, to attempt to remain overnight, to erect a tent or other shelter, or to use sleeping equipment, a vehicle, or a trailer camper, for the purpose of, or in such a way as will permit, remaining overnight.

Concessions: Shall constitute any vendor food sales and nonconsumable sales as well.

Decibel: Shall constitute a unit for expressing the relative intensity of sounds on a scale from zero for the average least perceptible sound to about 130 for the average pain level.

Fireworks: Any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation. Fireworks include items classified as common or special fireworks by the United States bureau of explosives or contained in the regulations of the United States department of transportation and designated as UN 0335 1.3G or UN 0336 1.4G. The term "fireworks" shall not include any automotive safety flares, toy guns, toy cannons, caps or other items designed for use with toy guns or toy cannons, party poppers, pop its or other devices which contain 25/100 of a grain or less of explosive substance.

Park: All parks, lands, buildings, reserves, sports complexes, swimming pools, squares, drives, trails, playgrounds, playfields, greenbelts, parking lots and other recreation and open space areas and facilities comprising the parks and recreation system that are owned, operated or maintained by the City of Nampa, including private pathways crossing the park system.

Park rule: Those particular rules or codes of conduct the parks and recreation director has adopted and the city council has designated by resolution as those for which a violation may lead to exclusion from a city park.

Violation: An act or omission or combination thereof that is contrary to any park rule or any civil or criminal provision of this code or the Idaho State Code.

(Ord. 3386, 10-4-2004)

The following activities shall be prohibited in all public parks:

A.

Motor vehicles in parks. No cars, motorcycles or motor vehicles of any kind shall be driven or parked within the boundaries of any public park in the city, except upon regularly traveled public rights-of-way within said parks, without the written approval of the parks and recreation director or designated representative. This rule shall not prohibit the use of ADA compliant wheelchairs that are motorized and other similar accessibility enhancing devices by disabled individuals.

It is unlawful to park or display "for sale vehicles" within the boundaries of a public park, public park parking lot, trailway or trailway parking lot. The parks and recreation department may have violating vehicles towed at owner's expense.

An applicant or representative of a group may receive a turf pass from the parks and recreation director or designated representative. A turf pass shall only be granted through written permission upon application and payment of the applicable fee which shall be set by resolution.

B.

Alcoholic beverages. No person shall consume any alcoholic beverage or controlled substances as defined by state code or have in his possession any opened containers or receptacles containing any alcoholic beverage on any public park grounds, or thoroughfares within the city, or at any other place therein, other than a private residence or upon premises licensed for the sale and consumption of alcoholic beverages or upon premises whereon alcoholic beverages are sold by a licensee under an Idaho Liquor Catering Permit, as authorized by law. The city owned golf courses and adjacent grounds are excluded from this section.

C.

Sale of food or goods. No person shall sell any goods, food or food product of any kind in any park, including adjacent rights-of-way (sidewalks, parking lots, etc.), without a license as a concessionaire as provided in title 5, chapter 4 of this Code.

The operator of concessions for an extended period of time, such as during athletic tournaments, in any public park, must enter into a written agreement for such duration and the contract must be approved by the parks and recreation director or designated representative.

D.

Camping. Overnight camping is prohibited in city parks and other public property except in areas and times designated by the parks and recreation department.

E.

Recreational activities. The participation in the playing of any games involving dangerous objects such as stones, arrows, or javelins, except in areas set apart for such forms of recreation by the director, is prohibited. Golfing or driving balls shall be prohibited except in duly constituted golf courses or driving ranges. Hunting and the use of firearms and/or fireworks shall be prohibited in public parks.

Bicycle, eBike, scooter, and eScooter riding shall be prohibited in the interior area of softball and/or baseball complexes within the City of Nampa parks system pursuant to title 6, chapter 5 of this code.

Skateboarding shall be prohibited in the interior area of softball and/or baseball complexes within the City of Nampa parks system pursuant to title 6, chapter 4 of this code.

Bicycles, eBikes, and eScooters shall not be operated at a speed greater than 20 miles per hour upon any public pathway, multi-use pathway or sidewalk within the city, and as noted in section 6-5-3 of this code.

F.

Glass containers prohibited. It is prohibited for any person to throw, carry or have in their possession any glass beverage container on city park grounds which includes the interior of athletic complexes.

G.

Advertising or signage in parks. It is prohibited for any person to paste, glue, tack or otherwise post any signs, plaques, advertisements or inscriptions whatsoever in any park, including adjacent rights-of-way (sidewalks, parking lots, etc.), except plaques, tablets or signs, of a size, design and location approved by the parks and recreation director or designated representative, recognizing or acknowledging donations or contributions to any city park or to public facilities therein.

Individual teams may place team sponsor banners on their designated dugout fence only for the duration of the game. Sponsor banners are required to have the team name and will be allowed to list sponsor's names or logos on the banner.

H.

Destruction to park property. It is prohibited for any person to willfully mark, deface, disfigure, injure, tamper with, or displace or remove any building, bridges, tables, benches, fireplaces, railings, playground equipment, paving or paving material, water lines or other public utilities or parts or appurtenances whatsoever, either real or personal, or have in his possession any of the foregoing things or objects, or any part thereof.

No person shall fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of six years shall use the park restrooms and washrooms designated for the opposite sex.

It is prohibited for any person to construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except on special written permit issued hereunder.

It is prohibited for any person to willfully damage, cut, carve, transplant or remove any tree or plant, or injure the bark, or pick the flowers or seeds, of any tree, fruit or plant. Nor shall any person attach any rope, wire or other contrivance to any tree or plant. No person shall dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area, except by approval by the parks and recreation director or designated representative.

I.

Hot air balloons/parachuting. No person shall land or launch a hot air balloon or land a parachute within any park or reserve of Nampa City, except by written permission from the parks and recreation director or designated representative and in designated areas. Such permission requires compliance with all applicable FAA regulations.

J.

Metal detecting/worm gathering. Metal detecting within a cemetery or upon a golf course is prohibited and any person who is using or attempting to use a metal detector or similar device within a cemetery or upon a golf course shall be issued an infraction.

Any person who is using or attempting to use a metal detector or similar device in a park shall be issued an infraction unless that person has a current permit for metal detecting issued by the Nampa Department of Parks and Recreation. There shall be no fee charged for such permit.

Worm gathering is prohibited and is punishable in accordance with section 6-1-2 of this Code.

(Ord. 3386, 10-4-2004; Ord. 4170, 4-20-2015; Ord. No. 4628, § 2, 11-15-2021)

The director and all employees of the parks and recreation department shall have authority to enforce any provision of this chapter, and shall have the authority to eject from any park or public facility any person violating any provision of this chapter. The director or designated representative shall further have the authority to regulate activities in any area where necessary to prevent congestion and to secure maximum use of the parks for the comfort and convenience of the public.

Police officers, the director of the Nampa City Park System, and park attendants, or duly authorized representatives of the park supervisor, shall enforce the provisions of this chapter.

A police officer, the director of the Nampa City Park System, or his duly authorized representative, shall have the authority to eject from the park any person acting in violation of this chapter. Any person ejected from the park shall leave promptly and peaceably and shall not return to the park for any reason on the same calendar day of his ejection.

Whenever any police officer, parks director or representative finds a vehicle unattended in the park and the vehicle is parked in violation of this chapter, such person may provide for the removal of such vehicle to the nearest available garage or place of safety at the cost of the vehicle's owner.

(Ord. 3386, 10-4-2004)

City parks shall be open to the public every day of the year from one-half hour before sunrise to one-half hour after sunset. Persons and vehicles shall be excluded from the parks during the hours of closure.

(Ord. 3386, 10-4-2004)

The parks and recreation director or designated representative has the authority to temporarily close a park, or any portion thereof, at such times as he deems necessary to protect the park and in the best interest of the city.

(Ord. 3386, 10-4-2004)

Use of park facilities is on a first come, first served basis unless reserved pursuant to city policy.

Reservations may be made by any party for any park facility where diamonds, courts, halls, rooms, gyms, gardens, picnic shelters or fireplaces are provided. All persons requesting advance reservation shall pay a fee as provided by resolution and approved by the parks and recreation director or designated representative and shall observe all parks and recreation department regulations and requirements. Such areas designated as "reserved" shall remain reserved for the exclusive use of the reservation holder during their reservation period.

If persons using a facility have not reserved the time and paid the appropriate fee, and are using the facility at a time that has been reserved for another person, they shall be required to vacate the facility. If they refuse to vacate the facility, they may be excluded from the park pursuant to the authority granted in this chapter.

A list of reservations for a particular facility shall be maintained by the parks and recreation department to inform the public who has reserved the facility and the time, or times, for which the facility has been reserved.

It is prohibited for any person to fail or refuse to comply with directions given by park attendants in regulating the activities in any area when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Failure to observe such parks and recreation department rules and regulations shall result in the immediate termination of the advance reservation.

It is prohibited for any person to remove tables from reserved areas.

It shall be the duty of the reservation holder to leave all halls, rooms, gyms and other building facilities reserved for use in a condition identical to that when those facilities were permitted to the reservation holder for use. It is prohibited for any person to leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, garbage and other refuse is placed in disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere. Glass beverage containers are prohibited on all park and reserve properties of the City of Nampa.

(Ord. 3386, 10-4-2004)

No group or event shall be allowed to charge fees of any sort to the public for events held within city parks without first obtaining approval of the parks and recreation director or designated representative. Said approval may be conditioned upon receipt of proof of adequate insurance coverage and/or a release of liability of the city for the event or gathering.

(Ord. 3386, 10-4-2004)

A permit shall be required to use the amphitheater. The permit shall be secured by application and the payment of fees to the parks and recreation department. Fees shall be set by resolution.

All music must be maintained no louder than 62 decibels at a distance of 240 feet (the big fireplace) from the music source. If the noise level is anticipated to be louder than 62 decibels at the big fireplace, the same group must also reserve the big fireplace and the sound level shall not exceed 62 decibels at 500 feet. Special permission must be granted for raised noise levels. Following proper warning, power will be shut off at the amphitheater when a group abuses the sound restrictions, thereby terminating the performance.

(Ord. 3386, 10-4-2004)

A.

Dogs running at large prohibited. Any person who owns, harbors or has in his control a dog, whether the dog is licensed or not, in any public park in the city, is liable for such dog being at large in violation of this section except:

1.

When such dog is controlled by a leash not exceeding eight feet in length;

2.

Such dog is confined in a motor vehicle;

3.

When written permission is obtained in advance from the parks department to have a dog or dogs at large.

B.

Dogs prohibited within specified locations and during certain community events. Any person who owns, harbors or has in his control an animal, whether the animal is licensed or not, and whether the animal is controlled by a leash or not, within the parameter of an athletic complex in any public park in the city or in a public park when a community event is taking place is responsible for such animal being at large and in violation of this section; seeing eye dogs and police dogs are exempt from this section; specific locations and specific events include:

1.

The interior area of softball and/or baseball complexes within the City of Nampa Parks System.

2.

Any open area that is being utilized as a playing field for any organized athletic or sporting event (e.g., soccer, archery, football, etc.).

3.

Community events generating large crowds including, but not limited to, the Nampa Arts Festival, chamber events, etc.

C.

Cleaning after dog. No person owning, harboring, controlling or keeping any dog shall permit the dog to deposit fecal material on any public property without the owner or custodian immediately bagging and removing the material and disposing of it in the proper trash receptacles.

(Ord. 3386, 10-4-2004)

A violation of any provision of this chapter, other than nonpayment of fees and charges shall be an infraction.

(Ord. 4011, 4-2-2012)

Sections:

The purpose of this chapter is to safeguard persons, protect property, prevent damage to the environment, and promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity which disturbs or breaks the topsoil or results in the movement of earth on land in the City of Nampa.

(Ord. 3432, 3-7-2005)

This chapter shall apply to all construction activity and all land disturbing activity, directly or indirectly associated with construction projects, and all persons engaged in construction activity and land disturbing activity, directly or indirectly associated with construction projects, within the corporate limits of the City of Nampa.

(Ord. 3432, 3-7-2005)

For the purposes of this chapter, the following shall mean:

Best management practices (BMPs): Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or storm water conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

Clearing: Any activity that removes the vegetative surface cover.

Drainageway: Any channel that conveys surface runoff throughout the site.

Erosion and sediment control plan: A set of plans indicating the specific measures and sequencing to be used controlling sediment and erosion on a development site before, during and after construction.

Erosion control: Measures that prevent erosion.

Grading: Excavation or fill of material, including the resulting conditions thereof.

Perimeter control: A barrier that prevents sediment from leaving a site either by filtering sediment laden runoff, or diverting it to a sediment trap or basin.

Phasing: Clearing a parcel of land in distinct phases, with the stabilization of each phase before the clearing of the next.

Responsible person: Any foreman, superintendent, project manager, or other person with operational control over site activities and day to day operational control over plan requirements and permit conditions at the site of any construction activity. The responsible person shall possess a current and valid Boise City certificate of training or equivalent.

Sediment control: Measures that prevent eroded sediment from leaving the site.

Site: A parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation.

Site development permit: A permit issued by the municipality for the construction or alteration of ground improvements and structures for the control of erosion, runoff and grading.

Stabilization: The use of practices that prevent exposed soil from eroding.

Watercourse: Any body of water, including, but not limited to, lakes, ponds, rivers, streams, and bodies of water.

Waterway: A channel that directs surface runoff to a watercourse, or to the public storm drain.

(Ord. 3432, 3-7-2005)

A.

Approval of an erosion and sediment control plan, by the Nampa Public Works Department is required prior to issuance of any site development permit for land disturbing activity which would require uncovering of one acre or more. Construction projects that are less than one acre, but are a part of an approved development/subdivision plan, shall be subject to the approved erosion and sediment control plan for the development/subdivision in which they are located.

B.

No site development permit is required for any emergency activity, which is immediately necessary for the protection of life, property or natural resources. The Nampa Public Works Department shall be notified within 24 hours of the initiation of the emergency activity.

C.

Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any contractor retained by the applicant, together with the name of the applicant's responsible person, and shall be accompanied by a filing fee.

D.

The Nampa Public Works Department maintains the right to prescribe and regulate the fees or charges associated with obtaining a permit pursuant to this chapter.

E.

Each application shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the erosion and sediment control plan, and that a responsible person shall be on site on all days where construction or grading activity takes place.

F.

The applicant will be required to file with the Nampa Public Works Department a cash bond or automatically renewable letter of credit in an amount deemed sufficient by the Nampa Public Works Department to cover all costs of improvements, landscaping, and maintenance of improvements for such period as specified by the City of Nampa, and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site.

G.

The Nampa Public Works Department will review each application for a site development permit to determine its conformance with the provisions of this chapter. Within ten working days after receiving an application, the Nampa Public Works Department shall, in writing:

1.

Notify the applicant that the department has reviewed the permit application for compliance;

2.

Disapprove the permit application indicating the deficiencies and the procedure for submitting a revised application and/or submission.

(Ord. 3432, 3-7-2005; Ord. No. 4873, § 3, 6-16-2025)

It is unlawful for any person, firm or corporation to perform any construction activity, including, but not limited to, all land disturbing activity, directly or indirectly associated with construction projects within the corporate limits of Nampa without first obtaining a site development and/or erosion and sediment control permit.

(Ord. 3469, 7-5-2005)

Permits required under this title require fees to be paid at time of issuance of a permit. Permit fees for projects started without the required permits shall be subject to a special investigation fee, which shall be assessed at a rate of twice that of the original permit fee unless otherwise provided herein.

(Ord. 3469, 7-5-2005)

Except as otherwise specified all fees are established by resolution of the council.

(Ord. 3469, 7-5-2005)

Fees paid for the permits associated with the construction of improvement to any work regulated under this title shall be refundable at a rate of 80 percent of the original permit. Refund requests must be made in writing and shall be accompanied by the original permit. Refunds cannot be granted for plan review fees or for permits which are expired or null and void for any reason.

(Ord. 3469, 7-5-2005)

In case of violation of any of the provisions of this chapter or other regulation of the City of Nampa related to any permitted project, by any person holding a required permit and after such violator has been given written notice of such violation and said licensee has failed to correct the violation within the time specified in the notice, the public works director, or his authorized representative, may declare the permit revoked and notify the permittee. Any permittee who has had their permit so revoked shall not be issued another permit until said violation has been corrected and formal application made as provided in this section 9-6-4. Any revocation may be appealed in writing to the council within 15 days from the date the notice of the revocation is given to the permittee.

(Ord. 3469, 7-5-2005)

Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the work is commenced. The public works director is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause shall also be demonstrated.

(Ord. 3469, 7-5-2005)

The public works director, city engineer or building official may withhold issuance of any permit to any owners, firm or corporation who has outstanding notices of violation or outstanding permit fees on permits previously issued, and has failed to take the directed corrective action. Issuance of new permits may not be withheld if an appeal of the public works director's, city engineer's or building official's action has been filed for consideration by the Nampa City Council. Appeal of the public works director's, city engineer's or building official's action may be made to the Nampa City Council. Such an appeal must be made in writing to the city council whereby the appellant will provide the reason(s) why they have not corrected the substandard work or paid the outstanding fee. Appeal must be made within 15 days of the issuance of the notice of violation or prior to the nullification of the required permit.

(Ord. 3469, 7-5-2005)

The public works director, city engineer or building official may revoke any permit issued in error, any permit issued on the basis of incorrect information or upon learning of work which has been performed in violation of this or any other law of the State of Idaho or federal government. Upon revocation the permit holder shall cease all work until such time that a new permit has been issued or written notification of reactivation of the nullified permit has been received.

(Ord. 3469, 7-5-2005)

The public works director, city engineer or building official or their authorized representatives have the authority to enter any premises at any reasonable hour for the examination of work permitted under this section 9-6-4 or any other provision of this Code. All work requiring inspection under this section shall be left exposed and accessible to the inspector until such time that the inspector has approved the installation or construction.

(Ord. 3469, 7-5-2005)

A.

The erosion and sediment control plan shall include:

1.

A sequence of construction of the development site, including stripping and clearing, rough grading, stockpiling, construction of utilities, infrastructure, and buildings, and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, and the sequence of clearing, installation of temporary erosion and sediment measures, and establishment of permanent vegetation.

2.

All erosion and sediment control measures necessary to meet the objectives of this chapter throughout all phases of construction and permanently, after completion of development of the site.

B.

The erosion and sediment control plan must be prepared by a qualified person.

C.

Modifications to the plan:

1.

Major amendments of the erosion and sediment control plan shall be submitted to the Nampa Public Works Department and shall be processed and approved or disapproved, in the same manner as the original plans.

2.

Field modifications of a minor nature may be authorized by the Nampa Public Works Department by written authorization to the permittee.

(Ord. 3432, 3-7-2005)

Grading, erosion control practices, sediment control practices, and waterway crossings on all construction sites, regardless of size, shall be maintained from the time of initial clearing through final stabilization. The requirements of this section and the design criteria set forth in the most recent version of IDEQ's Catalog of Storm Water Best Management Practices and meet the requirements of City of Nampa "Development Information Manual" and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the Nampa Public Works Department.

A.

Clearing and grading.

1.

Clearing and grading shall not be permitted except when in compliance with all other chapters of this Code.

2.

Clearing techniques that retain natural vegetation and retain natural drainage patterns, as described in the IDEQ's Catalog of Storm Water Best Management Practices, shall be used to the satisfaction of the Nampa Public Works Department.

3.

Phasing shall be required on all sites disturbing greater than 30 acres, with the size of each phase to be established at plan review and as approved by the Nampa Public Works Department.

4.

Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.

5.

Cut and fill slopes shall be no greater than three to one, except as approved by the Nampa Public Works Department to meet other community or environmental objectives.

B.

Control standards.

1.

Soil must be stabilized within ten days of clearing or inactivity in construction.

2.

If vegetative erosion control methods, such as seeding, have not become established within two weeks, the Nampa Public Works Department may require that the site be reseeded, or that a nonvegetative option be employed.

3.

Techniques shall be employed to prevent the blowing of dust or sediment from the site.

4.

When in-channel work is conducted, the channel shall be stabilized before, during and after work.

5.

Stabilization adequate to prevent erosion must be provided at the outlets of all pipes and paved channels.

6.

A temporary access road shall be provided at all sites.

7.

A vehicle wash down/cleanup area shall be provided at all sites to remove mud and prevent tracking onto roadways.

8.

Other measures may be required at the discretion of the Nampa Public Works Department in order to ensure that construction vehicles do not track sediment onto public streets or sediment is not washed into storm drains.

(Ord. 3432, 3-7-2005; Ord. No. 4873, § 3, 6-16-2025)

A.

The permittee or his/her agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved erosion and sediment control plan(s). The purpose of such inspections will be to determine the overall effectiveness of the control plan, and the need for additional control measures.

B.

All inspections shall be documented in written form and submitted to the Nampa Public Works Department at the time interval specified in the approved permit.

C.

The Nampa Public Works Department or its designated agent shall enter the property of the applicant as deemed necessary to make regular inspections.

(Ord. 3432, 3-7-2005)

A.

Stop work orders; revocation of permit. In the event that any person holding a site development permit pursuant to this chapter violates the terms of the permit, or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the Nampa Public Works Department may suspend or revoke the site development permit.

B.

Violation and penalties. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this chapter. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this chapter is committed, continued or permitted, shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine of not more than $1,000.00 for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this chapter shall be required to bear the expense of such restoration.

(Ord. 3432, 3-7-2005)

The provisions and sections of this chapter shall be deemed to be separable, and the invalidity of any portion of this chapter shall not affect the validity of the remainder.

(Ord. 3432, 3-7-2005)

The effective date of this chapter is June 1, 2005. All prior ordinances and parts of ordinances in conflict with this chapter are hereby repealed.

(Ord. 3432, 3-7-2005)

Sections:

Rules and Regulations and the Minimum Standards for the Nampa Municipal Airport (KMAN) are located in the document entitled Rules and Regulations and Minimum Standards of the Nampa Municipal Airport, adopted and affirmed by Resolution No. 37-2020 of the Nampa City Council. Said document is available on the City of Nampa's website, at www.cityofnampa.us, or it can be obtained by contacting the Nampa Municipal Airport at the following address: Nampa Airport, 116 Municipal Drive, Nampa, ID 83687.

The Rules and Regulations and Minimum Standards of the Nampa Municipal Airport shall have the same force and effect as all other ordinances and regulations of the City of Nampa.

Unless otherwise stated with more specificity, all violations of the Rules and Regulations and Minimum Standards of the Nampa Municipal Airport shall also constitute general violations of City Code, punishable pursuant to Nampa City Code section 1-1-7.

(Ord. 4517, § 1, 8-3-2020)