Loading...
0754 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: Ordinance - Page 1 chubbuck030316 ord titlesl5-17amend.wpd 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 Ordinance - Page 2 chubbuck030316 ord tides 15.17amend.wpd 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." Ordinance - Page 3 chubbuck=316 ord tidesI5-17amend.wpd 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 Ordinance - Page 4 chubbuck030316 and UUesl5-17amend.wpd 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; uffi� pow"W PPPRP W*WWFW%94PWWA&W�rA11 Ordinance - Page 5 chubbuck030316 ord titles15-17arnencimpid 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. Ordinance - Page 6 chubbuck030316 ord Ues15-17amend.wpd 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. Ordinance - Page 7 chubbuck030316 ord tifles15-17arnend.wpd 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. Ordinance - Page 8 chubbuck030316 ord fides 15-17amend.wpd 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". set pp�&Tille H141111 tL-lawba-1-i I wbmq 11 Vale J" - --- - IN N73 to LWAVAr, 0 1 "I'll, I K Ordinance - Page 9 chubbuck030316 ord titles 15-1 7amend.wpd I I I-&" I WAKWO NLWJ I 10 1 Vi WIN t"• I ?4r- I I LVJ I 111110AW1 P We I I W V ITUfew, ALA 1-1 22OLI11ANI 1118 VILWA fl=VJ &VAIA1191.21'-.4111119i I win stimfit"lw2o IRWIN I I anotmi 12.14m 13,1111111141 art A left OFFFNM R 01! M I 19 rk I of 9 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". set pp�&Tille H141111 tL-lawba-1-i I wbmq 11 Vale J" - --- - IN N73 to LWAVAr, 0 1 "I'll, I K Ordinance - Page 9 chubbuck030316 ord titles 15-1 7amend.wpd 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. Ordinance - Page 10 chu6puck030316 ord Nesi5-17amend.wpd 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: Ordinance - Page 11 chubbuck030316 ord tides15-17amend.wpd 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. Ordinance - Page 12 chubbuck030315 ord tiUes15-17amend.wpd 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: Ordinance - Page 13 chubbuck030316 ord titles 15-1 7amend.wpd 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. Ordinance - Page 14 chubbuck030316 ord tides15-17amend.wpd 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. Ordinance -Page 15 chubbuck030316 ord titles 5-17amend.wpd 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 Ordinance - Page 16 chubbuck030316 ord tit1es15-17amend.wpd 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 chubbuck030316 ord tft1eS15-17arnend.wpd 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 chubbuck030316 ord tities15-17arnend.wpd 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. Ordinance - Page 19 chubbuck030316 ord Was I 5-17amend,wpd 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 Ordinance - Page 20 chubbuck030316 ord titles15-17amend.wpd 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 Ordinance - Page 21 chubbuck030316 ord tiges15-17amend.wpd 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 Ordinance - Page 22 chubbuck030316 ord ti8es15-17arnend.wpd 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 Ordinance - Page 23 chubbuck030316 ord titles 1 5-17amend.wpd K&in B. -EnglM—d, 1W L