HomeMy WebLinkAbout0754 Amending Title 15 Agricultural BuildingCITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 754
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING TITLE 15
TO ELIMINATE THE AGRICULTURAL BUILDING EXCEPTION; TO DELETE THE
SECTION REGARDING THE GRAVEL BASE UNDER CONCRETE SLABS;
ELIMINATING REDUNDANT PROVISIONS REGARDING THE ELECTION TO
ACCEPT BUILDING CODE CERTIFICATIONS FROM BUILDER WITH RESPECT
TO AUTHORIZING BUILDING INSPECTORS; MAKING TECHNICAL
AMENDMENTS TO VARIOUS SECTIONS OF TITLE 15 TO DESIGNATE THE
PUBLIC WORKS DIRECTOR IN LIEU OF THE CITY CLERK FOR CERTAIN
RESPONSIBILITIES; ADOPTING STANDARDS FOR READER BOARDS;
AMENDING TITLE 16 TO ELIMINATE THE DEFINITION FOR HILLSIDE
DEVELOPMENT, CERTAIN BACKFILL REQUIREMENTS AND PROVISIONS
REGARDING SLOPES; ADOPTING NEW SECTION 16.12.340 REGARDING
STREET PAVEMENT SECTIONS AND 16.12.020 REGARDING WIDTHS OF
RIGHTS OF WAYS OF VARIOUS CLASSIFICATIONS OF STREETS; AMENDING
SECTION 16.12.040 TO REQUIRE THE ADJACENT LAND OWNER TO MAINTAIN
AND LANDSCAPE ALL AREAS WITHIN THE STREET RIGHT OF WAY THAT
ARE OUTSIDE THE PAVEMENT, CURB, GUTTER OR SIDEWALK; REQUIRING
DRAINAGE FACILITIES TO BE INSTALLED IN ACCORDANCE WITH CHAPTER
8.56 OF THE CHUBBUCK MUNICIPAL CODE AND THE PORTNEUF VALLEY
STORM WATER DESIGN MANUAL; MAKING TECHNICAL CHANGES IN
VARIOUS SECTIONS TO DESIGNATE THE PUBLIC WORKS DIRECTOR AS THE
RESPONSIBLE PARTY; REQUIRING STORM WATER SYSTEMS TO BE
DESIGNED IN ACCORDANCE WITH THE PORTNEUF VALLEY STORM WATER
DESIGN MANUAL; ADOPTING CERTAIN REVISED STANDARDS FOR
SECONDARY PRESSURE IRRIGATION SYSTEMS; CHANGING THE
REMEDIATION CHARGES FOR FAILURE TO CONTROL DIRT, DUST AND
MATERIALS; CHANGING CERTAIN STANDARDS AND LENGTHS FOR
VARIOUS TYPES OF STREET SECTIONS IN 16.12.340; IN TITLE 17 CHANGING
CERTAIN DEFINITIONS FOR STREETS AND SUBDIVISIONS; DELETING THE
WAIVER OF PLAT PROVISIONS; MAKING TECHNICAL CHANGES IN VARIOUS
SECTIONS TO DESIGNATE THE PUBLIC WORKS DIRECTOR AS THE
RESPONSIBLE PARTY; LENGTHENING THE PERIOD A PLAT IS VALID FOR 12
MONTHS; CHANGING THE REQUIREMENTS FOR SHOWING PROPOSED
METHODS ON A PLAT OF DEALING WITH SEWAGE DISPOSAL, WATER
SUPPLY AND STORMWATER DISPOSAL; CHANGING THE DEFINITIONS OF A
SHORT PLAT; ADDING THE REQUIREMENT THAT ANY PARK REQUIRED BY
SECTION 17.16. 100 BE DEDICATED TO THE CITY; CLARIFYING THAT THE
WARRANTY PERIOD FOR DEVELOPMENT RUNS FROM THE DATE THE CITY
COUNCIL APPROVES THE ACCEPTANCE OF OFFER OF DEDICATION;
PROVIDING THAT ANY REQUIRED PARK AREA LESS THAN 15,000 SQUARE
FEET SHALL REQUIRE CASH IN LIEU OF DEDICATION; MAKING CERTAIN
CHANGES ON WHAT IS REQUIRED FOR DEVELOPMENT; REPEALING PRIOR
CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE
PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS
OF TITLES 15,16 AND 17 NOT AMENDED SHALL REMAIN IN EFFECT; AND
PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
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Section 1. Deleted sections of Title 15: The following sections of Title 15 of the
Chubbuck Municipal Code are deleted in their entirety:
15.04.020; 15.04.070; Chapter 15.32
Section 2. Amended sections of Title 15: The following amendments to Title 15 are
hereby adopted:
15.04.030: OTHER CODES ADOPTED: The following uniform codes and appendices, if
applicable, are adopted:
Uniform code for abatement of dangerous buildings, current -1.99-7 edition.
Future additions of said codes may be adopted, as the same are published from time to time, by
resolution of the mayor and council.
15.16.010: FIRE DISTRICT ESTABLISHED: The entire incorporated area of the
municipality is declared to be and is established as a fire district and said fire district shall
include such territory or portions of the municipality as illustrated, outlined and designated on the
map of the incorporated areas of the city as from time to time adopted and maintained on file in
the office of the clerk public works director, and said map is adopted as a fire zone map for the
application of the regulations included in the international building code, as the city has adopted
and any amendments thereto as the city may from time to time adopt by resolution of the city
council.
15.16.020: MAP; KEEPING AND AMENDING: The map mentioned in section 15.16.010 of
this chapter shall be kept and retained at the office of the clerk public works director for the
inspection and use of the general public, and the map shall not be altered, amended, mutilated,
defaced, or otherwise changed except upon the authority of ordinance or resolution of the city
council. The fire zone map shall have endorsed thereon at all times the ordinance number,
resolution number, and date of enactment of each and every amendment and alteration thereto.
15.24.010: DESIGN AND CONSTRUCTION STANDARDS:
A. Adoption Of Uniform Sign Code: Sufficient copies, as needed, of the 1997 uniform sign code,
any amendment thereto, and the resolutions of the mayor and council adopting any amendments
shall be maintained on file with the city clerk, for the resolutions and the appropriate city
personnel for the code, for use and examination by the public.
B. Procedure For Adoption Of Future Editions: Future editions of said uniform sign code may be
adopted, as the same are published from time to time by the International Conference Of
Building Officials, by resolution of the mayor and council of the city. Such resolution shall
identify with particularity the edition of such uniform sign code so adopted and shall recite that it
is adopted pursuant to this chapter.
C. Amendments: Said uniform sign code is hereby amended to read as follows:
1. Section 103(d): Section 103(d) of the code is amended to read as follows:
"Sec. 103(d). Violations. It shall be unlawful for any person, firm or corporation to erect,
construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use
or maintain any sign structure in this jurisdiction, or cause or permit the same to be done,
contrary to or in violation of any provision of this ordinance or of this code. Each day that
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a sign is allowed to remain out of compliance with this ordinance or the code may be
deemed a separate violation. Any sign which does not conform to this ordinance or the
code is hereby declared to be a nuisance and may be abated as provided in the Chubbuck
criminal code as now in effect and as it may hereafter be amended. The city may also seek
injunctive relief in a court of competent jurisdiction. In any civil action, the city may
request and the court may award the city its costs, including a reasonable attorney fee.
Existing nonconforming signs shall be removed within one hundred twenty days after the
effective date of this ordinance; provided, that permanent signs lawfully in existence on
the effective date of this ordinance maybe allowed to remain if within said one hundred
twenty day period such signs receive design review approval upon applications properly
made under the Chubbuck land use ordinance as now in effect and as it may hereafter be
amended. Proposals to place or erect signs after the effective date of this ordinance which
do not conform to this ordinance or the uniform sign code may be processed in the same
manner as applications for variances under the Chubbuck land use ordinance as now in
effect and as it may hereafter be amended."
2. Temporary Signs: Section 1401 of the code is hereby amended to read as follows:
"Sec. 1401. No temporary sign shall exceed one hundred square feet in area. Temporary
signs of rigid material shall not exceed thirty two square feet in area, or six feet in height,
nor shall any such sign be fastened or affixed to the ground.
A maximum of five temporary signs, other than signs of a political nature, shall be
allowed for any business, person, or entity at any one time. Any signs of the same or
similar type exceeding this limit may be removed by the city without notice or compensation.
A permit shall be obtained from the flmbbnc k city clerk public works director or the
clerk's director's designee for any temporary sign other than those of a political nature.
Upon receiving an application for a permit for temporary signs, the clerk or the clerk's
designee shall make the sign regulations available for review by applicant.
No sign shall be affixed in any way to any streetlight or power pole, to any street or traffic
control sign or to any stop sign. Any signs so affixed may be removed by the city without
notice or compensation.
Temporary signs may remain in place not exceeding sixty days. Provided, however, that
temporary signs identifying a specific event or activity shall be erected not earlier than ten days
before the event or activity begins, and removed not later than five days after the event or activity
has ended. Temporary signs for businesses shall not be replaced by any other temporary sign
relating to the same or similar subject matter on the same premises for at least six months.
Provided, further, that political temporary signs may be erected not earlier than thirty days before
the first election in which the candidate or subject of the sign will be considered, and shall be
removed not later than five days after the date of the last election that year in which the candidate
or subject will be considered.
Notwithstanding any other provisions of this section or of this code, signs with electric lighting
that are temporary or designed to be portable are prohibited.
Temporary signs in residential areas shall not be lighted, nor illuminated by spot lighting."
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3. Local Codes: Wherever the uniform sign code refers to a local electrical code or other
local code which has not been adopted by the city, such references shall be deemed to be
a reference to the applicable code adopted by, or other pertinent provisions of, a statute of
the state or regulation duly promulgated by an administrative agency of the state, as now
in effect or as they may hereafter be amended.
D. Filing: Three (3) copies of the 1997 edition of the uniform sign code, together with three (3)
copies of this section and any ordinance adopting further amendments thereto, together with
resolutions of the mayor and council adopting future editions of the code, all to be certified by
the city clerk, shall be maintained on file in the clerk's office for use and examination by the
public.
15.40.050: DEFERRAL FEES: In certain instances, installation of curb, gutter, sidewalk and
landscaping, or portions thereof, may be inappropriate due to lack of surrounding development.
In those instances the city engineer public works director or the director's designee shall estimate
the cost of having a private contractor install appropriate curb, gutter, sidewalk, streets and
landscaping, or the portions thereof, that the aggrieved party objects to installing. That sum, plus
a fifteen percent (15%) administrative fee, maybe paid by the aggrieved party to the city in lieu
of complying currently with the provisions of this chapter. This sum of money shall be held in
trust by the city solely for future installation of curb, gutter, sidewalk, streets and landscaping, as
the case may be, upon the subject premises or adjacent or similarly situated premises. At the
determination of the city that the circumstances are appropriate for installation of the items not
installed at the time required by section 15.40.020 of this chapter, the city may use the deferral
fees to ,
contractorto undertake the installation of the appropriate portions of curb, gutter, sidewalk,
streets or landscaping not installed when otherwise required by this chapter. The requirement of a
deferral fee shall be only at the direction of the city council and any aggrieved party who seeks to
pay said fee in lieu of complying with the provisions of section 15.40.020 of this chapter shall be
deemed to have consented to the future installation, at the city's discretion, of those portions of
curb, gutter, sidewalk, streets or landscaping that were deferred pursuant to this section.
Section 3. Adoption of new sections of Title 15: The following section 15.25.010 is
hereby adopted:
15.25.0 10 Reader Boards:
A. Manual and electronic reader boards are permitted in C-1 limited commercial, C-2 general
commercial, and I industrial districts. Electronic reader boards shall not be permitted if the
proposed sign location is within two hundred feet (200') measured in any direction from a
residential zoning district unless approved by the Design Review Committee.
1. Size and Height:
a. The reader board shall be counted into the total approved sign area.
b. Reader boards may be incorporated into permitted wall signage, ground signs
or pole signs.
2. Restrictions: Electronic reader boards are subject to the following restrictions on sign
programming:
a. Messages advertising on premises business services and products may be
displayed. Messages with noncommercial advertising for community activities
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and events may also be displayed. Off premises commercial messages are not
permitted.
b. No chasing, blinking, rotating or flashing shall be employed in displaying a
message or image, or during the change from one message or image to another.
c. Test messages that are longer than the display area and do not contain any
nontext graphics shall scroll in a consistent and predictable manner.
d. No streaming video shall be displayed.
e. Light intensity shall be limited as follows:
INTENSITY LEVELS (NITS)
Color
Daytime 1
Nighttime
Red only
2,250
450
Green only
4,500
900
Amber only
3,350
675
Full color
5,000
1,000
White only
2,000
350
Notes:
1. V2hour after sunrise
2. 1/2 hour after sunset
Section 4. Deleted sections of Title 16: The following sections of Title 16 of the
Chubbuck Municipal Code are deleted in their entirety:
16.08.060, 16.12.020, 16.12.330, 16.12.340, 16.16.040
Section 5. Amended sections of Title 16: The following amendments to Title 16 are
hereby adopted:
16.08.020: BLOCK: "Block" means a piece or parcel of land or group of lots entirel
surrounded by public streets, streams, railroads, or parks, or a combination thereof.
16.08.120: STREET:
"Street" means a way for vehicular traffic, except:
A. A parking lot or area for traffic movement within the parking lot;
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B. -C. A way that serves or is intended to serve less than three (3) households
16.12.010: APPLICATION: The following standards shall apply to design, installation,
alteration or repair of any improvements to lands which are open to public use within the
jurisdiction of the city. These standards are applicable to those residential areas where buildings
are small and of low height and where the ratio of the area occupied by buildings to lot area
conforms to the latest city land use ordinance. For multi -story residential development, design.
standards shall be prescribed by the city engineer public works director based upon applicable
national codes.
16.12.030: BLOCKS AND LOTS:
A. Block lengths shall not exceed one thousand five hundred feet (1,500) nor shall they be less
than four hundred feet (400'); except, when the average lot size is one-half (,) acre or more, in
which case the maximum block length may be extended to a dimension reasonably determined
by the city engineer public works director.
B. Block designs shall provide for two (2) tiers of lots, each facing upon a street, unless the city
ublic works director determines that such layout is not feasible. In addition to
pedestrian walks provided elsewhere in this chapter, dedicated pedestrianways with right of way
width of eight feet (8') or greater may be required where essential, as determined by the city
enghrcer public works director, for circulation or access to schools, playgrounds, shopping
centers, transportation and other community facilities.
C. The minimum area and dimensions of all lots shall conform to the requirements of the land
use (zoning) ordinance of the city, as now in effect and as it may hereafter be amended, for the
district in which the development is located.
D. The side lines of all lots, as far as possible, shall be right angles to the street which the lot
faces, or approximately radial to the center of curvatures, if such street is curved. Side lines of
lots shall be approximately radial to the center of curvature of the cul-de-sac on which the lot
faces.
E. Lot widths shall conform to requirements imposed by the city's land use ordinance, as now in
effect and as it may hereafter be amended; but in no event shall such widths be less than thirty
feet (30') at the street right of way line. Yard widths for lots located on cul-de-sacs or on curved
sections of roadway may be measured at the front yard setback line.
F. Corner lots for residential development shall be so designed as to permit conformance to the
street setback requirements of the land use (zoning) ordinance.
G. No lot shall be divided by a city limit line or the boundary line of a land use (zoning) district.
Each such boundary line shall be made a lot line.
H. No remnants of land shall be left in the development which do not conform to lot
requirements, or are not required, unless they are suitable and actually used for common open
space, utility easements or other public purpose.
I. Lots having frontage on two (2) nonintersecting streets shall be prohibited except where made
necessary, as determined by the city engineer public works director, by topographic or other
unusual conditions.
J. Lots intended for nonresidential areas shall have such additional depth and landscaped buffer
as the city -engineer public works director may determine in order to maximize the compatibility
of the adjoining developments.
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16.12.040: LANDSCAPING:
A. The devel YptT-Ldjacent land owner shall landscape and maintain all areas within the street
right of way, not covered by pavement, curb, gutter or pedestrian walk. Trees and shrubs higher
than three feet (3) from the surface of the ground shall not be planted or allowed to grow within
forty feet (40') of the street intersection on a comer lot.
B. Whenever, as determined by the city engineer public works director, the cuts and fills in a
hillside subdivision are of sufficient size or visibility to demand special treatment, the developer
adjacent land owner shall landscape such areas with suitable permanent plant materials and
provide for their maintenance.
16.12.050: UTILITIES AND OTHER FACILITIES:
A. New electric, communication and television lines shall be installed underground in
accordance with standards prescribed by the city ctigince, public works director based on
applicable national codes. When facilities are installed in public rights of way, the location shall
be approved by the city -engineer 'public works director. When overhead utility lines exist within
the property being developed, said existing overhead utility lines and additions or replacements
needed to increase the capacity or to improve service reliability may remain overhead; provided,
however, that any service drops into the platted area from said peripheral overhead lines shall be
underground. When, as a result of development, it is necessary to relocate, renew, or expand
existing facilities within the development area, the developer shall make the necessary
arrangements with the serving utility for these installations to be placed underground. The
developer shall be responsible for the cost of underground service lines including those serving
approved streetlight locations. Electric lines with a capacity greater than three thousand (3,000)
kVA (kilovolt amperes) are excluded from the requirements of this section.
B. All underground utilities shall be installed in street rights of way or utility rights of way and
shall precede the surfacing of such streets. Service stubs to platted lots within the development
for underground utilities shall be placed to such length as to render unnecessary the disturbance
of street improvements when service connections are made. If connected to a city owned system,
application and fees shall be the responsibility of the developer in accordance with city
requirements.
C. Proper and adequate provision shall be made for disposal of storm waters. The type, extent,
location and capacity of drainage facilities shall be determined for each development in
accordance with Chubbuck Municinal Code Chanter 8.56 "Stormwater Oualitv Manaizement
V
D. Central sanitary sewer and water systems shall be installed in all subdivisions where they are
within the service area of an existing public system and can be reached by reasonable extension
of said public system. Construction plans and specifications for central sanitary sewer and water
system extensions shall be approved by the city engineer public works director and by the
representative of any other governmental entity having proper jurisdiction,
E. If a development is not within the service area of an existing public sanitary sewer or water
system, or otherwise cannot be reached by reasonable extension of said public system, alternate
provisions for water supply and sewage disposal shall be approved by the city enginee 2!!b
works director and by the representative of any other governmental entity having proper
jurisdiction.
F. Streetlights shall be installed, at such locations and subject to such design standards as the city engineer
public works director shall approve.
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16.12.051: MAILBOXES: The developer shall provide for the installation of consolidated
mailboxes, generally described by the United States postal service as a neighborhood box unit
(NBU) system, which shall service homes within the proposed subdivision. For the developments
of less than four (4) homes, the developer shall endeavor to cooperate with adjoining landowners
for the installation of such an NBU system. Upon application to the city engineer public works
director, the requirement for an NBU system in a new subdivision may be waived for cause, such
as impracticality due to the circumstances of the development or area.
16.12.060: WATER, SEWER AND STORM DRAINAGE LINES: The location and
carrying capacity of all water, sewer and storm drainage lines or conduits shall be in compliance
with the city's comprehensive plan for such facilities and shall be approved by the city engineer
public works director.
16.12.080: ACCESS TO UTILITIES BY EASEMENTS: Access to all of the foregoing
utilities and facilities shall be provided by easements approved by the city cngincer-21Lblic works
director, unless they are located within areas dedicated to the public.
16.12.200: SANITARY SEWERS:
A. All lateral sewers as required to adequately serve the area to be developed, and their
connections to present trunk or interceptor sewers, shall be constructed as required. Location of
nearest trunk or interceptor sewer will be designated by the city engineer public works director.
B. Sewer systems shall be designed in compliance with the "Recommended Standards For
Wastewater Facilities" promulgated by the Great Lakes - Upper Mississippi River board of state
public health and environmental managers and published by the Health Education Services,
Albany, New York.
16.12.210: STORM WATER RUNOFF COLLECTION SYSTEMS:
A. Storm water collection laterals, as directed by the city, shall be constructed, together with their
connecting laterals, to existing storm water runoff collection trunks or to such place or places as
will adequately dispose of all storm water runoff.
B. Storm water
efty public works director -engineer -.
Stormwater
Runoff Volume And Rate: Runoff volume and rate shall be calculated using
currently accepted engineering methods and in accordance with the Portneuf
Valley Stormwater Design Manual and as approved by the city engin -erpublic
works director.
2. Laterals: The minimum size of storm sewer laterals shall be twelve inch (12")
inside diameter.
3. Pipe Types: In addition to the pipe types authorized, corrugated metal pipe which
has been galvanized and asphalt dipped and paved may also be used.
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C. The subdivider or developer will be subject to all fees and permits required by city ordinance
governing the same.
16.12.230: SECONDARY PRESSURE IRRIGATION SYSTEMS: All developments with
appurtenant agricultural water rights shall be required to construct a secondary pressure irrigation
system to the standards of this section to utilize the water rights for the development. Such
secondary pressure irrigation systems shall be dedicated to and accepted by the city as a utility
and owned and operated by the systent asets, wfless dedicated to and accepted by the city as
utility, in which case the city will assume ownership and operation of the system7 Dedication to
the city shail generally be required unless circumstances cause the city to waive dedicatiot .
Secondary irrigation systems shall be designed and constructed in accordance with the current
edition of the City of Chubbuck "Pressure Irrigation Design Specification Manual" f6flowin
System Construction Standards:
All work and materials shall conform to the "Idaho Standards For Public Works
Construction" (ISPWC), section 901 and the current edition of the City of
Chubbuck "Pressure Irrigation Design Specification Manual".
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System Construction Standards:
All work and materials shall conform to the "Idaho Standards For Public Works
Construction" (ISPWC), section 901 and the current edition of the City of
Chubbuck "Pressure Irrigation Design Specification Manual".
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B.C—. Waiver: The provisions of this section may be temporarily or permanently waived by the
city engineer public works director if such a system is deemed impractical due to the quantity of
water available and/or the delivery system for the water to the parcel served by the water.
16.12.360: AS CONSTRUCTED DOCUMENTATION: The developer or the developer's
designee shall deliver, before final acceptance of the improvements, plans showing the
improvements as constructed. As constructed plans shall be submitted in approve d as an
AutoCad base drawing digital drawing format and FDF plan set with coordinate system based on
city of Chubbuck grid coordinate system.
16.16.020: HOURS OF OPERATION: All grading construction and/or maintenance
operations in or contiguous to residential neighborhoods shall be carried on between the hours of
seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. The -city engineer public works director
may authorize operations at other hours only if it is shown that restricting the hours of operation
would unduly interfere with the development of the property or if operations must be done at
times that would minimize traffic or other interference, and if it is shown that the neighboring
properties would not be adversely affected.
16.16.030: DUST, DIRT AND MATERIALS CONTROL: All graded surfaces and
construction sites shall be dampened to prevent dust or otherwise suitably contained to prevent
dust or spillage of dirt, mud, building materials and waste articles onto city streets or adjacent
properties. Equipment, materials and roadways on the site shall be used or treated so as to cause
the least possible annoyance due to dust conditions. Mud, dirt and other waste shall be removed
from the street the same workday such may have been deposited so as to prevent damage to the
city storm water drainage system and abate dust. Violations of this section not so remediated by
the contractor may be remediated by the city at the contractor's expense. If the city must
remediate, in addition to the costs of remediation incurred by the city, the city may assess an
administrative charge of five one hundred dollars ($500+60:00) for the first remediation done by
the city for a contractor within a twelve (12) month period, seven two hundred fifty dollars
($L5025+%) for the second remediation and one thousand five frund±red dollars ($I_,0005%-.00)
for the third and any subsequent remediation done by the city within a twelve (12) month period.
Any person or entity against whom an administrative charge is levied may appeal to the
Chubbuck city council.
16.16.110: SPECIAL PRECAUTIONS:
A. If, at any stage of grading, the city engineer public works director determines by inspection
that the nature of the formation is such that further work is likely to imperil any property, public
way, watercourse or drainage structure, he may require, as a condition to allowing the work to be
done, that such reasonable safety precautions be taken as is considered advisable to avoid
likelihood of such peril. Such precautions may include, but shall not be limited to, specifying a
more level exposed slope, construction of additional drainage facilities, berms, terracing,
compaction, or cribbing, installation of plant materials for erosion control, and reports of a
registered soils engineer and/or of an accomplished engineer geologist whose recommendation
may be made requirements for further work.
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B. Where it appears that storm damage may result from work performed under this chapter, the
city engineer public works director may direct that the developer take such measures as may be
necessary to protect adjoining property or the public safety. On large operations or where unusual
site conditions prevail, the cityengineerpublic works director may specify the time at which
grading may proceed and the time of completion or may require that the operation be conducted
in specific stages so as to ensure completion of protective measures or devices prior to the advent
of seasonal rains.
16.16.120: REPAIR OF AND SAFEGUARD AGAINST DAMAGE: If the city engineer
public works director determines that public facilities, or facilities to be dedicated to the public,
are being damaged in the course of development, the engineer public works director may issue a
directive to responsible parties that development work cease until the damage is repaired and
safeguards adopted to prevent further damage. Parties adversely affected by such directive shall
be entitled to hearing under procedures provided with respect to "stop work" orders in the
international building code. The city may enforce the enpincer public works director's directive
in the manner provided in said code.
16.16.130: SPECIAL DESIGN AND CONSTRUCTION METHODS FOR TERRAIN
PROBLEMS: No development shall be undertaken with respect to land that is subject to
periodic flooding, poor drainage, excessive slopes or other terrain problems, unless special
design and construction methods are implemented with the approval of the city engineerup blit
works director and city council, beyond the standards provided in this chapter, in order to resolve
such problems and to protect the public health, safety and welfare.
16.20.020: COMPLIANCE: The city engineer public works director shall monitor compliance
with the standards set forth in this title; and no developer or builder shall bury, cover or terminate
work on any improvement prior to approval by the city engineer public works director. The
developer or builder shall notify the city engineer public works director when an improvement, or
series of improvements, is ready for inspection; and the t* engineer public works director shall
cause the inspection to be conducted without undue delay. To assist the developer, the city
engineer public works director may prepare a list of inspections that will be required. Monitoring,
inspection and approval activities by the city engineer public works director shall not absolve the
developer, builder and their agents of responsibility to comply with the standards.
16.20.030: INSPECTION FEES: The city engineer public works director shall recommend a
schedule of reasonable fees for inspections. The city council shall, by resolution adopt such
schedule or any amendment thereto. The adopted schedule shall be published at least once in the
official newspaper of the city and posted in the city offices. The developer and builder shall be
jointly responsible for payment of fees set forth in a duly adopted schedule.
Section 6. Adoption of new sections of Title 16: The following sections 16.12.020 and
16.12.340 are hereby adopted:
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16.12.020: STREETS:
A. The arrangements, character, extent, width, grade and location of all streets shall conform to
the comprehensive plan and, if adopted, the master street map, shall integrate harmoniously with
existing and planned streets, shall be appropriate to topographical conditions, shall enhance the
public convenience and safety and shall facilitate the proposed uses of the land to be served by
such streets.
B. Local residential streets shall be designed to discourage their use by through traffic. Where a
development abuts or contains an existing or proposed arterial street (as described below),
railroad or limited access highway, the city may require frontage streets, reverse frontage streets,
or such other treatment for the appropriate use of the tract.
C. There shall be provided rights of way of such width and as provided in the comprehensive
plan; provided, however, that the width of said rights of way shall in no case be less than the
following:
Type 4f Street
Right of Way
Width
Standard __Swa1e__Se__ction
Back to Back
Curb to Curb
Major arterial
100 feet
80 feet
-
100 feet
-
72 feet
Minor arterial
80 feet
70 feet
-
80 feet
-
62 feet
Collector
66 feet
61 feet
-
66 feet
-
48 feet
Local
50 feet
40 feet
-
55 feet
-
37 feet
Types of streets within a development shall be determined by the city consistent with the
comprehensive plan, developments that were in process prior to August 1, 2005, and, if adopted,
the master street map.
D. Cul-de-sac streets shall terminate in a circular turnaround with the right of way radius of at
least fifty five feet (551). The city may approve an equally convenient form of turning space
where conditions justify. The maximum length of a cul-de-sac street shall not exceed one
thousand feet (1000')from the entrance to the center of the turnaround based upon a design
standard of having not more than thirty (30) single-family residential units. In making this
determination, the use of the property, density of such use, accessibility to fire hydrants, alternate
methods of accessing the property in an emergency, topography, width of the street, and
anticipated volume of traffic and other such factors as determined by the city to be relevant shall
be considered. Cul-de-sac streets in a commercial development with moderate to high traffic
flow shall generally be shorter than those in a residential development with low traffic flow.
E. Dead end streets will not be approved except in locations designated by the city as necessary
to future extensions in development of adjacent lands. In any case, a dead end street serving more
than four (4) lots shall provide by easement a temporary turning circle with a forty foot (40')
radius or other acceptable design to accomplish adequate access.
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F. Temporary dead end streets created by phased development shall not serve more than ninety
(90) residential units without a permanent secondary access.
G. Streets shall be planned to intersect as nearly as possible at right angles, but in no event at less
than seventy degrees (70'). Streets intersecting an arterial shall do so at a ninety degree (90')
angle.
H. Where any street deflects at an angle of ten degrees (10') or more, a connection curve shall be
required having a minimum centerline radius of three hundred feet (300) for arterial and
collector streets and one hundred twenty five feet (125) for local streets.
1. Streets with centerline offsets of less than one hundred twenty five feet (125) shall be avoided.
J. A tangent at least one hundred feet (100) long shall be provided between reverse curves on
arterial and collector streets.
K. At street intersections, property line comers shall be rounded by a circular arc, said arc having
a minimum tangent length of twenty feet (20).
L. Street intersections with more than four (4) legs and Y type intersections where legs meet at
acute angles shall be avoided. "T" intersections, rather than "cross" intersections, shall be utilized
to the maximum extent possible in residential developments.
M. Maximum and minimum grades for all streets shall be as determined by the city.
N. Alleys, twenty feet (20), when single-family residence units abut both sides; twenty four feet
(24) if abutting multiple -family, commercial, or industrial districts. Dead end alleys shall be
avoided.
O. Streets shall be extended to the boundary lines of the development, unless prevented by
topography or other physical conditions or unless the city determines that such extension is not
desirable for coordination of the development with the existing layout or the most advantageous
future development of adjacent tracts. However, streets carrying nonresidential traffic, especially
truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential
residential areas, or connected to streets intended for predominantly residential traffic.
P. Excessively long, straight local streets in residential areas, conducive to high speed traffic,
shall be prohibited according to the determination of the city. Traffic calming techniques may be
used as approved by the city.
Q. Pedestrian walks on both sides of a street, within the street right of way, together with
concrete curbs and gutters approved by the city, and paved vehicular traffic area, shall be
required on all streets in a proposed development.
R. Access to streets shall conform to the "standard approach policy" promulgated by the division
of highways, state department of transportation.
S. Any areas in the street right of way or the adjacent area between the street and the owner's or
developer's property line that is not able to be landscaped shall be covered with sidewalk or other
such similar treatment so as to preserve the area for future expansion of the street or for utility
usage but which will minimize the ongoing maintenance and be aesthetically acceptable.
16.12.340: STREET PAVEMENT SECTIONS:
The following pavement sections shall be used within the city of Chubbuck:
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Type
of Street
Pavement
Section
Component
Thickness
Component
Inches
Local
low density carrier of the traffic with41sphalt
s halt concrete
2.5
rushed base 3/4"
3.0
ei hborhoods and districts of the cit
Minus Pit Run
8.0
ollector
concrete
3.0
medium density carrier of the traffic
etween neighborhoods and districts of
he ci
rushed base (3145}
3.0
" Minus Pit Run
10.0
inor arterial
Asphalt concrete
4.0
carries high traffic volumes onto and)rushed
rom other arterial collector and local
oads)
base (314"
4.0
2" Minus Pit Run
12.0
ajor arterial
Pavement section to be
major thoroughfare carrying traffic into
and out of the city)
designed using data and
conditions applicable to
use
All streets shall have subgrade separation geotextile between natural subgrade and 2" minus pit
run materials.
Section 7. Deleted sections of Title 17: The following sections of Title 17 of the
Chubbuck Municipal Code are deleted in their entirety:
17.08.070, 17.12.090, 17.12.140, 17.12.280, 17.12.290, 17.12.330, 17.16.040
Section 8. Amended sections of Title 17: The following amendments to Title 17 are
hereby adopted:
17.04.040: SCOPE:
A. With respect to geography, this title shall apply to any land within the corporate limits of the
city and to any land outside the city over which the city exercises control pursuant to the state
code or pursuant to agreement with other governing bodies as authorized by the state code.
B. With respect to subject matter, this title shall apply to any of the following activities:
1. Subdivision of an unplatted parcel or replattin2 of an existinia subdivision lot or
block a parcel of litrrd into new parcels, any one o
which is less than five (5) . , unless such subdivision results from a
decree distributing the estate of a decedent or from the exercise of the power of
eminent domain as defined and authorized in the state code.
2 Creation of any street to which the general public may have access, regardless of
whether or not such street is intended by the landowner to be dedicated to the
public.
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Undertaking a project of construction, installation or placement of any structure
upon land, except for agricultural purposes, and further excepting the
construction, installation or placement of one single-family dwelling on a single
parcel of land.
17.08.020: BLOCK: "Block" means apiece or parcel of land or group of lots entirely
surrounded by public streets, streams, railroads, or parks, or a combination thereof.
17.08.150: STREET: "Street" means a way for vehicular traffic, except:
A. A parking lot or area for traffic movement within the parking lot;
B. A way that is less than one hundred fifty feet (i SO) in length, or
B. E: A way that serves or is intended to serve less than three (3) households.
17.08.170: SUBDIVISION: "Subdivision" means the cteatiot lap tting of an unplatted parcel or
replatting of an existing subdivision lot or block into new parcels of
land, each capable of separate legal description and conveyance of title, fr6i7ra-laargerparcel.
"Subdivision" as used in this title includes, without limitation, the full meaning of that term as
defined in the state code.
17.12.010: SUMMARY OF PHASES: Any person who seeks to commence a "development"
as defined in section 17.08.060 of this title shall:
A. Participate in a planning conference;
B. Obtain approval of preliminary plat and comply with all requirements related thereto-, nnlcss
platting has been waived;
C. Obtain approval of a final plat and comply with all requirements related thereto, after the
preliminary plat phase has been completed.
17.12.020: PLANNING CONFERENCE:
A. During the phase described in section 17.12.410 of this chapter, the developer meets
informally, on one or more occasions as needed, with the city engineer public works director and
together they review the development proposal for conformity to the city's comprehensive plan
and for compliance with all applicable laws and ordinances.
B. The developer's proposal shall include sketch plans and narrative statement of intentions
regarding:
Nature of land use;
2. Municipal services and public utilities;
3. Vehicular and pedestrian traffic;
4. Structures and improvements;
5. Lot and block layout;
6. Open space for recreation and public facilities;
7. Relationship with land use and development on adjoining property; and
8. Proof of ownership, agency for the owner or option or purchase from the owner,
of the land to be developed.
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C. The city engineer public works director shall:
1. Review the developer's proposal and require the submission of such additional
materials as may be needed to determine in general whether the proposal
conforms to the comprehensive plan and complies with applicable laws and
ordinances;
a. If the proposal does not encompass all of the land which the developer
ultimately seeks to develop, the developer shall prepare for the city engineers
public works director's review a master plan relating to the entire area, containing
the elements set forth in subsection B of this section,
b. The master plan shall serve as a framework for evaluating specific development
proposals within the subject area and shall be updated whenever required by
changing circumstances;
2. Advise the developer in writing of his preliminary finding as to whether the
development proposal (together with master plan, if applicable) appears to
conform to the city's comprehensive pian and to comply with all applicable laws
and ordinances;
a. Where there is an apparent lack of such conformity or compliance the city
crrgim-Gr public works director may recommend actions to remedy the problem,
b. The engineer's public works director's preliminary finding or recommendation
shall be duly considered but shall not be binding upon the city in the course of
reviewing plats thereafter submitted;
Determine whether the proposal involves the subdivision of land, creation of a
street or constitutes a subdivision as specified in subsections 17.04.040131 and B2
of this title;
a. If so, the engineer public works director shall direct the developer to submit a
preliminary plat,
b. If the proposal neither involves creation of a street nor constitutes a
subdivision, but is governed by this title because it is a project as provided in
subsection 17.04.040133 of this title, then the engineer public works director shall
further determine, and advise the developer, whether the proposal potentially has a
sufficient impact upon the city's comprehensive plan and upon the purpose of this
title to require submission of a preliminary plat;
4. Inform the developer of the persons or agencies to whom copies of a preliminary
plat shall be distributed by the developer, as provided in section 17.12.030 of this
chapter so that the developer may contact them and ascertain their requirements
before preparing the plat.
Except as provided in section 17.12.040 of this chapter, upon completion of the planning
conference phase, the developer shall submit to the city engineering department cferk one 11x17
paper copy and an electronic document in PDF format three -(3) - cop tcs of a preliminary plat of
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the proposal containing the information and reflecting the format required by sections 17.12.150
through 17.12.190 of this chapter.
17.12.060: MASTER PLAN: AEy preliminary plat that is portion of a large parcel shall be
accompanied by the A_parcel master plan, if one has been prep= ed in cooperation with the city
r; and a i equest for wai v er of dic platting i equir entents shall be accorripanied by the
proposal submitted during the preliminary platting processconferenec phase:
17.12.070: PRELIMINARY PLAT OR REQUEST FOR W-AfVE PLACED ON
AGENDA OF MEETING: The city clerk shall:
A. Cause the preliminary plat or request f6r waive to be placed on the agenda of the next regular
meeting of the city's land use and development commission and on the agenda of the next
following meeting of the city council, shall make available one copy each of the plat or request to
the chairman of the commission and the mayor and shall furnish the other copy to the city
engineer public works director;
B. With respect to a preliminary plat, cause a single notice of public hearings at both the
commission meeting and council meeting to be posted in the municipal building and published
once in a newspaper of general circulation within the city not less than ten (10) days prior to the
commission meeting date.
17.12.080: PLAT OR REQUEST FOR WAIVER TO BE REVIEWED: The city engincer
public works director shall review the plat or request, in conjunction with other appropriate
officers of the city and of any other affected governmental entity, including an entity with which
the city has agreed to exercise jurisdiction. The efty engineer public works director shall appear
at the meeting of the commission to state the results of his review.
17.12.100: HEARING TO APPROVE OR DISAPPROVE PLAT: With respect to a
preliminary plat, the commission shall conduct a public hearing, and recommend to the council
whether to approve or disapprove the plat, as submitted, on the basis of whether it is consistent
with the city's comprehensive plan and complies with all applicable laws and ordinances. If
disapproval is recommended, such recommendation shall be supported in the minutes of the
commission's meeting by specific findings (which may refet to a "niark up" of a copy of the P
by -the -engineer) why the plat is inconsistent with the comprehensive plan or fails to comply with
all applicable laws and ordinances.
17.12.110: RECORD OF PROCEEDINGS TO BE REVIEWED: Following receipt of the
commission's recommendation regarding a request for waiver of 3 preliminary plat, the council
shall review the record of proceedings before the commission and consider such further
information as interested parties or the engineer public works director wish to present. If a
preliminary plat is before the council, the meeting shall include a public hearing. The council
shall decide whether to approve or disapprove the request for waivet, ot preliminary plat in
question. The council may also remand the matter to the commission for reconsideration at its
next regularly scheduled meeting, without the necessity of any additional public hearing. The
council shall enter in the minutes of its meeting the findings upon which its decision is based.
17.12.120: PROCEDURE FOLLOWING APPROVAL OR DISAPPROVAL:
Ordinance - Page 17
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A. B. If a plat is disapproved, another plat must be submitted and fee paid as provided in section
1-7.12.050 of this chapter. However, if a plat is resubmitted with no changes from the original
findings, it may be approved at a subsequent council meeting without payment of fee or an
additional public hearing.
17.12.130: APPROVAL; TIME LIMIT: If a plat is approved, the developer may prepare the
final plat together with plans and specifications for improvements and structures. Approval is
valid for a period of six -(O twelve (12) months and may be renewed once for a similar
M1011 mlitterl --cats`to tile Council. In nhased developments. the Dreliminary plat will remain
valid as lone as
approval. Approval of a preliminary plat does not assure final acceptance of any dedications or
continuation of any existing land use regulations or engineering_ standards governing the subject
land or other properties in the area.
17.12.150: FORM OF PRESENTATION: Information in sections 17.12.160 through
17.12.190 of this chapter shall be shown graphically or by note on plans-,rrby*ttcr, and may
comprise several sheets showing various elements of required data. All mapped data for the same
plat shall be drawn at the saine standm-d a legible engineering scale, said scale hn vingnot more
than one handred feet (100) to an inch. Whenever practical, the scale shall be adjusted to
produce an overall drawing measuring at ienst hventy two inches by thirty four inches (22" x
f5 —.— —
x17) not
17.12.160: IDENTIFICATION AND DESCRIPTIVE DATA:
A. Proposed name of development and its location by section, township, and range; reference by
dimension and bearing to a section comer or quarter section comer;
B. Name, address, and phone number of developer;
C. Name, address, and phone number of engineer, or surveyor, landscape architect, or land
planner preparing the plat;
D. Scale, north point, and date of preparation including dates of any subsequent revision;
E. Vicinity map clearly showing proposed development in relationship to adjacent developments,
main arterial street, collector streets, etc.
17.12.190: PROPOSED UTILITY METHODS:
A. Sewage Disposal: By note, state Show the proposed method of sewage disposal. if directed by
ffie city engineer, the pt efitifinary- plat shall also show including the location and carrying
capacity of all lines or condnits.
B. Water Supply: By note, state Show the source of potable and irrigation water. if diircted by
ffie city engineer, the prefirnirtary plat hail also show includingcarrying
,the location and can
capacity of all lines of condtits.
C. Storm Water Disposal: By note, state Showthemethod of storm water runoff disposal. ff
directed by the city engineer, the prclitninary plat should also be accompanied b
Including
preliminary calculations and layout of proposed system and locations of outlets; subjee"o
approval of the city engine Storm Water Disposal shall conform to City of Chubbuck
Stormwater Design Manual.
I got. .00
Ordinance - Page 18
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17.12.200: COPIES TO BE SUBMITTED: Following approval of the preliminary plat, and
within the time period during which such approval is effective, the developer shall cause the
development to be surveyed and shall submit to the city clerk engineering department three (3)
copies one 18 x 27 paper copy and an electronic document in PDF format of a final plat and
supporting documents. Supporting documents shall include, without limitation, construction
drawings. The final plat and supporting documents shall reflect the format and contain the
information set forth in sections 17.12.270 through 17.12.330 of this chapter.
17.12.210: PLACED ON AGENDA OF MEETING: The public works director, in
conjunction with the city clerk shall cause the final plat and documents to be placed on the
agenda of the next regularly scheduled meeting of the city council to be held not less than
f6ttiteel twenty-one (2 1) days after the final plat is submitted; and the city clerk shall make
one copy of the final plat and documents available to the city -engineer public works director.
17.12.220: REVIEW PROCEDURE:
A. Prior to the city council meeting, the engineer public works director shall review the final plat
and documents to determine their conformity with the approved preliminary plat.
B. The -engineer public works director shall report to the city council, during its meeting, any
adjustments of dimensions in the development appearing as a result of the survey.
C. If the engineer public works director finds any changes other than such dimension
adjustments, or if he finds that the final plat and documents do not satisfy the content and format
requirements of sections 17.12.270 through 17.12.330 of this chapter, the _engineer public work
director may direct the city clerk:
1. To return the original and copies of the final plat and documents to the developer,
2. To remove the matter from the agenda of the city council meeting for which it was
scheduled, and
3. To advise the developer that the final plat may be resubmitted as a proposed
preliminary plat superseding the preliminary plat previously approved. Thereupon,
the provisions of this chapter relating to the preliminary plat phase shall apply.
D. In the alternative, the developer may submit another final plat, with supporting documents, in
conformity with the approved preliminary plat.
17.12.260: COPIES AND ORIGINAL TO BE FILED: After the approved final plat has been
recorded, a reproducible original mylar copy and an electronic document in PDF format and four
(4) c jpies of the recorded instrument, bearing all certificates required as set forth in section
17.12.320 of this chapter, together with an approved digital drawing format with coordinate
system based on city of Chubbuck grid coordinate system, shall be filed with the city- clerk
public works director.
17.12.270: FORM OF PRESENTATION:
The record plat shall
B. Basis of Bearing per City of Chubbuck grid coordinate system.-eopies of the record plat
be reproduced irt the form of bitteline or blackline prints on a white backgtound.
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17.12.300: DESCRIPTIVE DATA REQUIRED: Descriptive data required shall be as
follows:
A. Name, right of way lines, courses, lengths, width of all streets, alleys, crosswalks, and utility
easements; radii, points of tangency, and central angles of all curvilinear streets and alleys, radii
of all rounded street line intersections;
B. All drainageways shall be shown on the plat. The rights of way of all major drainageways, as
designated by the ublic works director, shall be dedicated to the public;
C. All easements for rights of way provided for public services or utilities and any limitations of
the easements;
D. Location and all dimensions of all lots;
E. All lots shall be identified by consecutive numbers throughout the plat. "Exceptions", "tracts",
and "private parks" shall be so designated, lettered, or named and clearly dimensioned;
F. Location, dimensions, bearings, radii, arcs, and central angles of all areas to be dedicated to
the public, will be clearly indicated and intended use specified. Each such area shall be labeled
on the plat as "dedicated";
date,
rioted, book, and page numbe, of , ecoidatiot
or if untecorded, so matked-,
G -H. Attachment of any proposed private deed restrictions or restrictive covenants (including
restrictions concerning livestock if any of the lots are 20,000 square feet or larger as provided in
sections 9.20.080 and 9.20.090 of this code) to be imposed upon the plat or any parts thereof
pertaining to the intended use of the land.
17.12.400: SHORT PLAT DESIGNATION: When the city staff, after the planning
conference referred to in section 17.12.020 of this chapter, has determined that the proposed
development requires the submission and recording of a plat, due only to subsection 17.04.040B3
of this title, the following "short plat" procedure may apply, provided the following conditions
are met:
A. Proper access is provided to the property;
B. The development is consistent with the comprehensive plan;
C. No construction and dedication of public improvements are rcguired.
not tequitc tire full platting pmeess of this fitic to be fbilowed. (Ord. 488 § 1, 1998)
17.16.020: IN GENERAL: Except as provided in section 17.16.030 of this chapter, the
developer shall dedicate to the public:
A. Any "utility" easement, and
B. Any "street", as defined in chapter 17.08 of this title.
C. Any "park", as required by section 17.16. 100
Such dedication shall include all adjoining pedestrianways and all utilities running upon, under
or adjacent to the street or easement in question.
17.16.050: UNDEDICATED STRUCTURE ON LAND IN PROPOSED DEVELOPMENT
PROHIBITED: No structure or improvement, except those to be dedicated, shall be built or
placed upon land located in any proposed development until all easements, streets,
pedestrianways, utilities, and areas of open space (and/or cash contributions in lieu thereof)
adjoining or serving the land upon which the structures or improvements will be located, have
been dedicated to the extent required in this chapter and the final plat offering dedications has
been recorded and such dedication has been accepted by the city council. The city may permit
such improvements or structures to be built or placed on the land at an earlier time if:
A. Structures and improvements to be dedicated to the public are substantially complete with
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water and sewer lines complete and functional, all other public utilities installed within street
rights of way, curb and gutter constructed, roadside drainage swale (if applicable) graded, and the
street pavement section constructed to at least the grade of the top of the base aggregate course.
Substantial completion will be judged by the citp-engincer public works director, and
B. The project's engineer of record submits a cost estimate and completion schedule dist of
remaining work to be accomplished per City inspection punch list items together with an
itemized list of cost estimates, and
C. The owner (or developer) submits to the city a subdivision completion bond, cashier's check
or irrevocable letter of credit in the city's name, for one hundred twenty-five fifty percent (+25
154 %) of the cost of remaining items as identified by the project engineer of record.
17.16.060: INSPECTION AND DRAWINGS REQUIRED PRIOR TO ACCEPTANCE:
No dedication shall be accepted until all included structures or improvements to be dedicated
have been inspected by the city public works director or the director's designee and the city has
been furnished a complete set of "as built" drawings, certified by an engineer licensed in the
state, containing such information as the city engineer public works director may reasonably
prescribe.
17.16.070: WARRANT AGAINST DEFECTS: All structures or improvements dedicated to
the public, and accepted, shall be warranted against defects by the person(s) making the
dedication and by the person(s) constructing or placing said structures or improvements upon the
land, for a period of three (3) years from the date the city council approves the Acceptance of
Offer of Dedications. of acceptance. The city, or its designee, may bring an action in any court of
competent jurisdiction to compel the warrantor(s) to remedy any such defects or to obtain
reimbursement for the cost of remedying such defects.
17.16.140: CRITERIA FOR REQUIRING A CONTRIBUTION IN LIEU OF PARK AND
RECREATION SITES: Where the development is small and resulting park and recreational
site is too small to be practical, or when the available land is otherwise inappropriate for a park
and recreational site, the developer shall pay the city a cash contribution in lieu of the land
dedication and improvements required. A park or recreational site smaller than fifteen thousand
(15,000) square feet shall be considered too small to be practical for purposes of this section
unless approved by the public works director. The cash contribution in lieu of park and
recreation land dedication shall be held in trust by the city, or other public body designated by the
city, solely for the acquisition of park and recreation land as classified in section 17.16.110 of
this chapter, which will be available to serve the immediate or future needs of the residents of the
development or for the improvement of other existing local park and recreation land which
already serves such needs.
17.16.150: FAIR MARKET VALUE: The cash contributions in lieu of land shall be based on
the "fair market value" of the land, that otherwise would have been dedicated, plus the value of
improvements that would be required if such dedication occurred. The developer shall submit an
appraisal showing the "fair market value" of such land and improvements in the area of his
development, or other evidence thereof; and final determination of said "fair market value" shall
be made by the public works director subject to review by the city council based upon such
information submitted by the developer and from other sources which may be submitted -to -+e
city council. "Fair market value" shall reflect land in a developed, subdivided condition as
opposed to undeveloped or agricultural land.
17.16.170: POPULATION: The developer shall submit an estimate of population expected to
reside in the development when completed. Final determination of the expected population shall
be determined by use of the most recent census data. made by the city council based upon s
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17.16.180: RESERVATION OF ADDITIONAL LAND: Where the comprehensive plan or
the standards of the city call for a larger amount of park and recreational land in a particular
development than the developer is required to dedicate, the land needed beyond the developer's
contribution shall be , eserved for strbsequent purchased by the city or other public body
designated by the city, provided that such acquisition 6e- made within five (5) years fioln tile da
17.16.210: IMPROVED SITES: All sites shall be dedicated in a condition ready for public use
including the completion of fencing, landscaping and irrigation systems. instailation of utifities
by the city. Curb, gutter and pedestrian walks shall be installed by the developer along any park
and recreation site boundary adjacent to a street within the development.
17.20.020: SALE OF LAND IN DEVELOPMENT: No owner, or agent of the owner, of any
land located within a development, for which the platting requirement has not been -waive&, shall
transfer or sell any such land by reference to, in exhibition of, or by use of any map, plan or plat
of the development before the final plat required by this title has been approved and recorded.
Any sale or transfer contrary to the provisions of this section is voidable within one year at the
option of the buyer. The description of the land in question by metes and bounds in the
instrument(s) used in the process of selling or transferring such land shall not exempt the
transaction from the provisions of this section.
17.20.030: LOCATION OF STRUCTURES AND IMPROVEMENTS: No structures or
improvements, except those to be dedicated to the public as provided in this title, shall be built,
installed or placed upon any lands within a development until:
A. The final plat (if not wai red) of the development has been approved and recorded, and
B. All required dedications have been made by the developer and accepted by the city, or bond,
check or line of credit furnished as provided in section 17.16.050 of this title.
17.20.070: PROCEDURE FOR OBTAINING RELIEF: The developer's request for any
relief as provided in this section shall consist of a written statement, affirmed or given under
oath, setting forth in detail the relief sought and explaining fully the reason(s) for making such
request. This statement shall be filed concurrently with the preliminary plat or with the request
for waiver of the platting requirement, provided in chapter 17.12 of this title. The request for
relief shall be considered together with the preliminary plat or request for waiver during the
hearings conducted by the city's land use and development commission and city council. Public
notice of such hearings shall refer to the fact that a request for relief has been made by the
developer. If relief is denied, the preliminary plat (unless waived) and the actual development of
the lands in question shall comply with all provisions of this title. If relief is granted, it shall be
stated with particularity in the minutes of the city council's meeting and shall be confirmed to the
developer by the city -engineer -public works director in writing. In granting relief, the city council
may impose such conditions or additional requirements as the council deems necessary to secure
substantially the objectives of this title and of the city's comprehensive plan. Such conditions or
additional requirements shall also be stated with particularity in the minutes of the city council's
meeting and confirmed by the city engineer public works director to the developer in writing.
These conditions or requirements are binding upon the developer and may be enforced in the
same manner as the provisions of this title.
17.20.090: PLANNED UNIT DEVELOPMENTS: The criteria of "impossibility" and
"hardship" shall not apply to a request for relief from the provisions of this title if such request is
part of a proposal for establishing a bona fide planned unit development. However, the requested
relief shall not be granted if it appears that the planned unit development will not be consistent
with the stated purpose of this title or with the intent and objectives of the city's comprehensive
plan. The city council, with the advice of the city staff public works director, shall determine
whether a proposal constitutes a bona fide planned unit development. Such a development must
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conform to the definition of a "planned unit development" set forth in chapter 17.08 of this title,
and the proposal for any such development must be accompanied by true and accurate copies of
the actual legal instruments by which the development will be controlled and managed, together
with such other information required by this title or as may reasonably be prescribed by the cityt-
engirreer works director.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the
City and any provision of the Municipal Code which are in conflict with the provisions of this
Ordinance are repealed to the extent of such conflict. All other sections of Titles 15, 16 and 17
not herein amended shall remain in effect.
Section 2. Severability. The sections of this ordinance are severable. The invalidity of a
section shall not affect the validity of the remaining sections.
Section 3. Effective Date. The rule requiring an ordinance to be read on three separate
days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become
effective upon its passage, approval and publication.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
-4
CHUBBUCK, IDAHO, this �? day of April, 2016.
ATTEST:
Richard Morgan, Ci tff lerk
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