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lao"�t\ CHUBBUCK 1 0 0 H 0 Memo To: Honorable Mayor & City Council 290 E Linden Ave., Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us From: Devin Hillam, Community Services & Economic Development Director Rodney Burch, Public Works Director Bridger Morrison, City Engineer/Public Works Operations Director Date: December 28, 2021 Re: Westfield Estates' Div. #4 Infrastructure Requirements History On January 5, 2018, following discussions between city staff and the developer, the Public Works Director provided a letter to the developer affirming the ability of the City to provide water to the development (now called "Westfield Estates") conditioned upon the water, sewer, and interior roadways being constructed to the City of Chubbuck's standards and the developer operating a secondary irrigation system. Attachment #1- Letter from Public Works Director to the Developer dated 1/5/18 On July 18, 2018, the City Council met with city staff and the developer and the Council agreed to approve the offering of sewer and water utilities to the County development under the statement that they would build the development to City standards, excluding construction of Rio Vista and Siphon road widening improvements. • Attachment #2- Excerpt from 7/18/18 Council Packet • Attachment #3- Minutes from 7/18/18 Council meeting • Attachment #4- Letter from Public Works Director to developer dated 7/19/18 In December 2018, the City was provided an opportunity to comment on the development's proposed concept plan. Numerous items from the concept layout were identified as being deficient from meeting City standards. Attachment #5- Concept Layout as submitted to the City for comment Attachment #6- City response dated 12/13/18 Following the City's review letter, the developer requested a meeting with city staff and one was held on 1/3/19 between the Public Works Director, the developer, and Mitch Greer with RMES. In a letter to the developer dated 1/8/19, the Public Works Director stated a number of things including the fact that with a traffic impact analysis, all streets could be built to local standards, that the developer agreed to provide an east -west connector that extends from Rio Vista, that a local street would be provided that connected the development to the south but that its construction could be postponed until needed, that Nelson Lane J:\Engineering\Development\COUNTY Subdivisions\Westfield Estates - Division 4\County Review\1.5.22 Council utilities standards per agreement_memov2.docx could be considered the north -south collector, and that the sewer systems would be designed to allow extension to adjoining properties in accordance with the Northwest Interceptor Master Plan. • Attachment #7- Letter from Public Works Director to RMES dated 1/8/19 • Attachment #8- New Master Plan following City meeting with RMES and developer From 2019-2020, Westfield Estates Div. 1 was constructed. In March 2020, the Mayor signed an agreement with the developer that in exchange for providing sanitary sewer and potable water improvements, the developer, among other things, consented to the voluntary annexation (Category A) of the entire area proposed to be Westfield Estates once it was eligible, to construct the water and sewer lines to City standards (and guarantee them for 3 years), to that all subdivision infrastructure, including future alterations and modifications to the development, would conform to any and all then applicable City subdivision infrastructure construction standards. (See section 2.3 of the agreement) • Attachment #9- Utility and Annexation Agreement (Recorded) From 2020-2021, Westfield Estates Div. 2 was constructed. In 2021, Westfield Estates Div. 3 was constructed. In late November 2021, City staff were provided an opportunity to comment on the proposed Westfield Estates Div. 4. Upon review, staff found several items in the plan that were not in conformance with previously agreed to standards (discussed above) including a lack of an east -west connecting road from Siphon to the eastern boundary of the property, water and sewer stubs to the eastern property boundary at the same point, and construction of that road to the city's street standard for a minor arterial (since the plat shows the right-of-way as 80', the right-of-way for a minor arterial), and some other technical details. A letter from the City's Development Services Manager was provided to the County, developer, and Rocky Mountain Engineering. • Attachment #10- Proposed Preliminary Plat for Div. #4 • Attachment #11- Letter from Development Services Manager dated 12/6/21. On December 9, 2021, the County Engineer emailed the City's Development Services Manager to propose reasons why the east -west connector should not be required and to propose alternatives for said connector. In the letter, the County said that at concept review and approval of the phase, county staff felt that requiring the improvements east of Berkshire on Westfield Ave would "be a burden on current and future right of way maintenance until such time as the ground to the east is redeveloped." • Attachment #12- Email from County Engineer to City of Chubbuck dated 12/9/21 On December 10, 2021, the Community Services Director provided a response to the County Engineer's 12/9/21 email, affirming that the City's position was that the road and utility stub to the eastern property line were required since the developer had agreed to follow City standards for streets and right-of-way in order to receive municipal sewer and water services. The City bases its position on the history and intent of the City's discussion with the developer and on section 2.3 of the Utilities and Annexation Agreement dated March 2020, which is a reflection of the history and intent of the City's discussion with the developer when it states, "The Developer agrees that all subdivision infrastructure construction, future alterations modification to the development, shall conform to any and all then applicable City subdivision infrastructure construction standards...". Right-of-way locations (16.12.020.A), widths (16.12.020.C), street and utility extensions to property lines (16.12.020.0), sidewalks (16.12.020.Q), access management 2 regulations (16.12.020.R and 16.12.030), utility placement (16.12.050), and designs (16.12.200-300) are all located within Title 16 of City Code "Land Improvement Standards". Through the entire process, from staff and council discussions, it was and is the intent that the developer follow the requirements of Title 16 since the title is the city's subdivision infrastructure construction standards, not just pavement thickness or width, and that the developer does not need to follow code requirements of Titles 17 or 18 (development procedures and zoning standards) until the properties are annexed. • Attachment #13- Email from Community Services Director to County Engineer dated 12/10/21 • Attachment #14- Title 16 Following the transmittals from the city from 12/6/21 & 12/10/21, the developer approached the City staff asking to find an alternative to what staff was requesting. Staff declined meeting, informing the developer that since city code required the stubbed right-of-way and infrastructure and since it was agreed by the developer to follow the City's standards, there were no alternatives. The developer then reached out to the Mayor to request a meeting and after the Mayor spoke with staff and reviewed the facts, the Mayor declined to meet and recommended that if the developer disagreed with the administration's stance and city code requirements, they could schedule a meeting with the Council. Staff Recommendation We recommend that the Council uphold the requirements of city code as conveyed by staff in the December 6, 2021 letter responding to the deficiencies of the proposed preliminary plat (Attachment #11). 3 / ao", t*- \ CHUBBUCK 1 A A H A January 5, 2018 Mr. Jay Christensen and / or assignees 15170 West Lacey Road Pocatello, Idaho 83201 RE: Municipal Water Supply Dear Jay, Public Works Department PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us This letter is to confirm the City of Chubbuck's ability and willingness to provide culinary water to your proposed development near the intersection of Siphon and Rio Vista roads. Providing water to this development is conditional upon the water, sewer and interior roadways being constructed to City of Chubbuck standards and the developer operating a secondary irrigation system. Developer shall execute and record an agreement for future annexation prior to recording subdivision plats. The cost for water system extension and installation to subject property will be responsibility of the development. I have attached the results of our water modeling which indicates this area can be adequately served by extension of existing City infrastructure. If you have any questions, please feel free to contact me. Sincerely, Rodney T. Burch, PLS Public Works Director J:IWatehStudiesOevelopment at Rio Vista and Siphon 20171Culinary Water Commitment.docx CHUBBUCK I0AHA IN a L 1=2 0 To: Mayor / City Council From: Rodney Burch, PWD Date: July 12"', 2018 Re: Siphon / Rio Vista Development Mayor / Council, Public Works Department PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Over the past several months the City staff has had ongoing conversation regarding a potential development near the corner of Siphon and Rio Vista Roads (see area in red on map). This area covers +/-300 acres and by agreement with the County, is required to connection to the NWSI sewer system. We have performed an engineering analysis and have determined this area can be served by our existing municipal water system. The developers have secured agreements with adjoining landowners that allow a path for water system extension to the subject property. In January, the City provided a letter of commitment to provide water to the development with the conditions that all improvements be built to City standards and the properties consent to annexation at a future date when the property is contiguous with City boundaries. The developers have expressed a desire to seek an immediate path to annexation and develop this property as a City subdivision rather than a County subdivision. A significant difference between City and County development is the requirement for right of way dedication and roadway improvements along Siphon and Rio Vista Roads. The County is not currently requiring developments to dedicate additional right of way, to apply access control standards or to complete any roadway improvements. These items become a significant burden to the City at future annexation. The developers have requested a decision by Council to allow the project, if annexed, to dedicate the appropriate right of way, observe our access management policies but not be required to complete full roadway widening along Siphon and Rio Vista roads. The roadway construction cost would fall to the City at a future date when the demand warrants the full 5 -lane capacity. This future cost would be offset by increase in tax base generated by this development and the elimination of the need to acquire future right of way if allowed to develop under County standards. If approved by Council, the Developer will be notified and these issues will be addressed in the final development agreement. Sincerely, Rodney Burch, PWD J:�Administration�Director} Memos to CounciijRio Vista - Siphon De velopmen t. docx lae�- \- CHUBBUCK 1 0 Po Box 5504 —5150 Yellowstone Avenue, Chubbuck, ID $3202 208,237.2430 — Fax 208.237.2409 www.CityofCh u bbu ck. us CITY OF CHUBBUCK COUNCIL MEETING MINUTES JULY 18, 2018 — 6:OOPM CALL TO ORDER: Mayor England PLEDGE ALLEGIANCE TO THE FLAG: Councilmember Baumeister COUNCIL PRESENT: Roger Hernandez, Melanie Evans, Annette Baumeister, Ryan Lewis. STAFF MEMBERS PRESENT: Mayor Kevin England, Public Works Director Rodney Burch, Planning and Development Director Devin Hillam, City Attorney Tom Holmes, Police Chief Bill Guiberson, Fire Chief Merlin Miller, Human Resource Director Scott Gummersall, and City Clerk Rich Morgan. APPROVAL OF MINUTES: June 27, 2018 Councilmember Baumeister motioned for approval of the Study Session and Council Meeting minutes. Councilmember Evans seconded the motion. Roll call vote: Hernandez -yes, Evans -yes, Baumeister -yes, Lewis -abstained. GENERAL BUSINESS: 1. Approval of the Gem Prep Subdivision Final (Short) Plat. The Gem Prep Subdivision Final Plat was presented to the council. Councilmember Evans motioned for approval of the Gem Prep Subdivision Final Plat. Councilmember Hernandez seconded the motion. Roll call vote: Hernandez -yes, Evans - yes, Baumeister -yes, Lewis -yes. 2. Acceptance of Offer of Dedication for the Bilyeu Estates Div. 1. The Offer of Dedication was presented to the Council. Councilmember Lewis asked if all improvements met City standards. Public Works Director Rodney Burch stated that they do. Councilmember Baumeister motioned to accept the Offer of Dedication for Bilyeu Estates Division 1. Councilmember Hernandez seconded the motion. Roll call vote: Hernandez -yes, Evans -yes, Baumeister -yes, Lewis -yes. Approval of Intergovernmental Transfer of Personal Property. The City of Chubbuck would like to sell a water tank truck to Bingham County. The intergovernmental transfer is required to finalize the sell. ental Councilmember Baumeister motion so Roll call vote: of Personal Property. Councilmember Lewis seconded the motion. on Hernandez -yes, Evans -yes, Baumeister -yes, Lewis -yes. 4. Offer to Provide Development Services- Rio Vista Estates. The developers of Rio Vista Estates have approached the City with a plan for immediate annexation into the City. The development will be built to City Standards. The developers are in agreement to dedicate the that the reqequired uht of way along ired improvements on and along those RioVista Roads. However, they are asking q roads be waived and built when demand requires the full 5 lane capacity that is in the City's comprehensive plan. Councilmember Lewis motioned for approval of the development services offered to Rio Vista Estates, including the dedicated right of way, and waiver of construction of the improvements in those right of ways. Councilmember Evans seconded the motion. Roll call vote: Hernandez -yes, Evans -yes, Baumeister -yes, Lewis -yes. 5. Resolution 2018-18 Condemnation Action for Well #6 Power Easement Resolution condemning an easement in order to bring power to the City's well site #6 was presented to the Council. Tom Holmes explained that he has been directed to get an easement for the city to have utilities at the City's well site #6. Without agreement from the land owner for the easement the City has to condemn to acquire the easement. Darris has run 3 phase power in this development and would like the City to compensate him for the three phase power he brought to the development. The City did not require Darris to bring in 3 phase power. Darris did not approach the City about bringing in his 3 phase power. The City does not agree that it should compensate Darris for the 3 phase power. Darris wants $45,000 for the easement to help compensate him for bringing the 3 phase power into the development. Public Works Director Rodney Burch explained to the Council that the City has been working with the developer for several years trying to find a solution to bring power to the site. There has been no progress and the City now needs the power. The condemnation is the most economical route for the City to provide power to the site. This is also the best route for the power to go through Mr. Ellis' property and the impact to his property. The easement is valued at $3,500. Once the City obtains the easement they will still need to construct the power to the well. Councilmembers asked Mr. Ellis if there was no acceptable compromise to his request and Mr. Ellis stated there was not. Councilmember Lewis motioned for adoption of Resolution 2018-18. Councilmember Baumeister seconded the motion. ' Roll call vote: Hernandez -yes, Evans -yes, Baumeister - yes, Levvis-yes. 6. Adopt Tentative Budget for Fiscal'Year 2019. City Clerk Rich Morgan presented the tentative budget for FYI which included 159K as a 3%o increase in general fund budget allocated to property tax, 1 OOK in new construction rolls and 250K in forgone amount. The public hearing for the budget will be held August 1, 2018 and the final budget will be adopted August 15, 2018. Councilmember Evans motioned for approval of the tentative budget for fiscal year 2019. Councilmember Hernandez seconded the motion. Roll call vote: Hernandez -yes, Evans - yes, Baumeister -yes, Lewis -yes. 7. Approval of Items for Auction. Councilmember Baumeister motioned for approval of the items for auction. Councilmember Evans seconded the motion. Roll ca11 vote: Hernandez -yes, Evans -yes, Baumeister -yes, Lewis -yes. / ao", t*- \ CHUBBUCK 1 A A H A July 19th, 2018 Mr. Jay Christensen and / or assignees 15170 West Lacey Road Pocatello, Idaho 83201 RE: Development Annexation Dear Jay, Public Works Department PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us This letter is to confirm the approval of Chubbuck City Council to annex your proposed development located near the Rio Vista and Siphon Road intersection. The City has ability and willingness to provide culinary water and sanitary sewer to your development. Providing water and sewer to this development is conditional upon the water, sewer and interior roadways being constructed to City of Chubbuck standards and the developer operating a secondary irrigation system. Developer shall dedicate future right of way for Rio Vista and Siphon Road per the City's future road classification map and observe the City's Access Management Policy, however, the developer will only be required to make minor roadway improvements at intersection access points to your development if warranted. The cost for infrastructure installation per City standards shall be responsibility of the developer. If you have any questions, please feel free to contact me. Sincerely, Rodney T. Burch, PLS Public Works Director J:IWatehStudiesOevelopment at Rio Vista and Siphon 20171Annexation Commitment.docx �Vt7,L•a ey,6��d r � �,Ir z � _ r }Wt.Siphon}RY?+� IjV' N Mr,�� ❑� I �v •.., tr W -P ra m i s e+ -n z r -A a Aim ,,..,._ - ` _+1 - �. - • - ^---^'�. �� : ,'ice . a '` � • • A r f, _- furz- � -� VN�13 andy-L-r K. I1 r' _ CONCEPT LAYOUT 2 FOR THE: WESTFIELD ESTATES LOCATED INTHESWIOFS32,T5S,R34E, NWgS5,T6S,R34E, NW a S 6, T 6 S, R 34 E, B.M., BANNOCK COUNTY, IDAHO �����■■womi ■milli mill �' �• IN WORSE MEN 1i� we PNJ H A ■ 3`kip���►�� r A III � SL11J #�A „ sm mw I � mill , ■� / ao", t*- \ CHUBBUCK 1 A A H A Planning & Development Department PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Memo To: RMES; Bannock County Planning & Development Services From: Devin Hillam, Planning & Development Director; �' I Date: December 13, 2018 Re: City of Chubbuck comments on proposed Westfield Estates Div. 1 in Chubbuck ACI Thank you for providing notice to the City of Chubbuck for comment on the proposed Westfield Subdivision. The City has committed to providing culinary water and sanitary sewer to the subject development conditional upon the following: • water, sewer, and interior roadways to be constructed to the City of Chubbuck's standards; • the developer operating a secondary irrigation system; • the developer dedicating right-of-way for Rio Vista and Siphon Roads per the city's future road classification map; • the develop adhering to the Access Management Policy; • the developer making minor roadway improvements at intersection access points, if justified; • the developer paying the cost for infrastructure installation at City of Chubbuck Standards; and • and the developer consenting to annexation once the pathway is available. A review of the concept finds a few items to address: 1. The City's Comprehensive Plan indicates that the subject property, in order to proactively address future transportation needs by residents of both the City and the County, should construct a north - south collector road (shown in pink on the attached map), as well as an east -west minor arterial (shown in blue on the attached map). Thus, the north -south collector should be stubbed to the south property line and be planned to continue northward and the east -west arterial should be stubbed to the east property line. Right-of-way for a collector is exacted at 66 with 61' of roadway from back of curb to back of curb and for minor arterials, right-of-way is exacted at 80' with 70' of roadway from back of curb to back of curb. These items should be addressed in order to meet the City's 's expectations per the agreement with the developer. 2. The City's Comprehensive Plan indicates that the subject property, in order to proactively address future transportation needs by residents of both the City and the County, should dedicate 60' from existing centerline of Rio Vista Road whereas Rio Vista Road is planned to a be a 120' right-of- way when completed. This item should be addressed in order to meet the City's expectations per the agreement with the developer. 3. The access management policy, a document which is also adopted by Bannock County, requires certain spacing of intersection spacing and prohibits lot accesses on certain designations of roadways. This item should be addressed in coordination with the City Engineer and the CountX in order to meet the City's expectations per the agreement with the developer. 4. The City is currently working with the Fort Hall Irrigation Project to obtain permission to develop a canal bank greenway/multi-use pathway on canals extending in both the City and the County. The current proposal should contain a note that the north bank of the canal lying within the Project's right-of-way will also serve as a dedicated easement to the County or City for access and recreation, conditional upon written approval by the Bureau of Indian Affairs. This item should be addressed in order to meet the City's expectations per the agreement with the developer. Attachments: 1- July 19, 2018 Letter from Rodney Burch, Public Works Director 2- Functional Class Road Map liii��4c\ CHUBBUCKN 0 1 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us / ao", t*- \ CHUBBUCK 1 A A H A July 19th, 2018 Mr. Jay Christensen and / or assignees 15170 West Lacey Road Pocatello, Idaho 83201 RE: Development Annexation Dear Jay, Public Works Department PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us This letter is to confirm the approval of Chubbuck City Council to annex your proposed development located near the Rio Vista and Siphon Road intersection. The City has ability and willingness to provide culinary water and sanitary sewer to your development. Providing water and sewer to this development is conditional upon the water, sewer and interior roadways being constructed to City of Chubbuck standards and the developer operating a secondary irrigation system. Developer shall dedicate future right of way for Rio Vista and Siphon Road per the City's future road classification map and observe the City's Access Management Policy, however, the developer will only be required to make minor roadway improvements at intersection access points to your development if warranted. The cost for infrastructure installation per City standards shall be responsibility of the developer. If you have any questions, please feel free to contact me. Sincerely, Rodney T. Burch, PLS Public Works Director J:IWatehStudiesOevelopment at Rio Vista and Siphon 20171Annexation Commitment.docx �Vt7,L•a ey,6��d r � �,Ir z � _ r }Wt.Siphon}RY?+� IjV' N Mr,�� ❑� I �v •.., tr W -P ra m i s e+ -n z r -A a Aim ,,..,._ - ` _+1 - �. - • - ^---^'�. �� : ,'ice . a '` � • • A r f, _- furz- � -� VN�13 andy-L-r K. I1 r' _ it lF WE 440LIM m { T.ilhv,n 1 I ~ MARY St Danis Si R eriswe Rd R°a In 1' 1 h1aR: w if-St tl sl'ev.ay _ i 1�10nljnc!L --R- - - w �q..A � d - - Canal SE 1a JaMesk� G dark D, ,1 cuC�Ii a,'I i ;imp a F'enry Av I. o N hAa Ave C I� Angela S! 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Urban Service Boundary losxtt �� PrincipalArterial NORTHGATE PARKWAY (EAST SIPHON ROAD) EAST OF HILINE ROAD 40' rt 60' 2' 12.5' 12' 12' 12' 12.5' 2 17.5' 10' TRAVEL TRAVEL MEDIAN I TRAVEL TRAVEL SHARED LANE LANE LANE LANE USE PAT14 NORTHGATE PARKWAY WEST OF INTERCHANGE 100' . 200' 1001- 10, 00'- 10' 16' 2' 12.5' 12' 18' 140' 12' 12.5' 2' is, 10' NORTHGATE PARKWAY TRAVEL TRAVEL (EAST SIPHON ROAD) TRAVEL TRAVEL WEST OF HILINE ROAD LANE LANE i LANE 60' 60' 10' 16' 2' 12.5' 10.5' 2' 14' 2' 10.5' 12.5' 2' 16' 10' TRAVEL TRAVEL MEDIAN TRAVEL TRAVEL SHARED RIM LANE LANE LANE LANE USE PATH i I NORTHGATE PARKWAY WEST OF INTERCHANGE 100' . 200' 1001- 10, 00'- 10' 16' 2' 12.5' 12' 18' 140' 12' 12.5' 2' is, 10' 1-15, NORTHGATE INTERCHANGE NORTHGATE PARKWAY Project No. A020(314), Key No. 20314 5tanle Consultants L. TRAVEL TRAVEL MEDIAN TRAVEL TRAVEL SHARED LANE LANE i LANE LANE USE PATH I RIM 1-15, NORTHGATE INTERCHANGE NORTHGATE PARKWAY Project No. A020(314), Key No. 20314 5tanle Consultants L. / ao", t*- \ CHUBBUCK 1 A A H A Planning & Development Department PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us Memo To: RMES; Bannock County Planning & Development Services From: Rodney Burch, Public Works Director Date: January 81', 2019 Re: City of Chubbuck comments on proposed Westfield Estates Master Plan in Chubbuck ACI Per the discussion held at City of Chubbuck offices on Thursday, January 3rd, 2019, Chubbuck offers the following additional comments: 1. The proposed development area west of Rio Vista and South of Siphon appears to meet transportation planning standards. Chubbuck is willing to consider all roadways being classified as local after a review of traffic analysis prepared by your office that indicates a N -S and E -W collector is not warranted. Please provide the traffic analysis for Chubbuck's review. 2. The developer has agreed to provide an East — West collector that extends from Rio Vista to the east property line of the proposed development aligning with Promise Lane. 3. The developer agrees to provide a connecting local street to the adjoining property to the south. Chubbuck is open to discussion about delayed construction of the stub road and canal crossing is a suitable arrangement can be reached by formal agreement between Chubbuck and the developer. Developer should either pay for construction at time of development or propose an alternate funding mechanism that provides financial protection to Chubbuck at date of future construction. 4. Chubbuck agrees to allow Nelson Lane to function as the needed North — South collector. This change will require an amendment to the Functional Class Road System Map which is part of the Chubbuck Comprehensive Plan. Since this determination impacts adjoining properties, the developer will need to apply for and receive approval of a Comprehensive Plan amendment. 5. Sewer systems need to be designed to allow extension into adjoining properties in accordance with Chubbuck NWSI Master Plan. OFFICIAL RECORD BK# 0 FEE 28.00 DEPUTY VH BANNOCK COUNTY IDAHO RECORDED AT REQUEST OF Alliance Title - Pocatello Office 22003584 2020 Mar 03 AM 11:21 Electronically Recorded by Simplifile City of Chubbuck Provide Municipal Utilities & Consent of Annexation Agreement This contract for sanitary sewer and potable water service is entered into by and between: The City of Chubbuck, a municipal corporation ("CITY") and Rio Vista Land, LLC ("DEVELOPER") Westfield Estates (Service Address) 83853006600, R3853008414, R3803050000 (Bannock County Tax Parcel Nos) FACTS A. DEVELOPER owns certain real estate located in the West half of the Northwest Quarter, Section 5, the avast half of the Northeast Quarter, Section 6 of Township 6 South, Range 34 East, and the West half of the Southwest Quarter, Section 32 of Township 5 South, Range 34 East of the Boise Meridian, Bannock County, Idaho for which DEVELOPER has approval to develop residential developments to be known as the Westfield Estates, Herein after referred to as PROJECT, property conveyed and described in attached Exhibit "A". B. DEVELOPER will be developing improvements within the PROJECT, property conveyed and described in attached Exhibit "A". C. PROJECT lays within the Chubbuck Area of City Impact as negotiated between Chubbuck and Bannock County and subdivision's sanitary sewer will flow into the Northwest Sewer Interceptor installed by Chubbuck and which is administered by the Chubbuck Impact Area Wastewater Collection Authority. D. As part of the subdivision improvements, DEVELOPER will be connecting into Northwest Sewer Interceptor sanitary sewer and CITY potable water infrastructure, to be constructed to City of Chubbuck standards and the Idaho Standards for Public Works Construction. E. The parties anticipate the PROJECT will eventually be annexed into Chubbuck when Chubbuck meets the requirements for annexation of Subdivision as set forth in § 50-222 of the Idaho Code, that is when the city limits are contiguous to the PROJECT. Instrument: 22003584 Page:O F. CITY is willing to accept from DEVELOPER the dedication of the sanitary sewer and potable water improvements and DEVELOPER is willing to grant the same upon the terms and conditions set forth herein. G. The parties intend this Agreement to be recorded and referenced on each subdivision plat within the PROJECT. NOW THEREFORE, in consideration of the covenants set forth herein and in consideration of Chubbuck allowing user to connect to or continue to use CITY'S sanitary sewer and potable water infrastructure, and each agrees to be bound according to the following terms and conditions: Section 1: Warranty 1.1 DEVELOPER does dedicate to and the CITY does accept from DEVELOPER the sanitary sewer and potable water system improvements located within the PROJECT with the following representations and warranties of DEVELOPER: 1.1.1 The sanitary sewer and potable water systems Improvements will be constructed in accordance with CITY to be constructed to City of Chubbuck standards and the Idaho Standards for Public Works Construction. 1.1.2 The DEVELOPER warrantees each phase of sanitary sewer and potable water system improvements for a period of three (3) years from the date of acceptance by CITY. 1.1.3 CITY will promptly give DEVELOPER notice of any claims, if any, against this warranty and DEVELOPER will be responsible for fixing and repairing all reasonable warranty claims. Section 2: Commitments 2.1 DEVELOPER and CITY agree the intent of the Agreement is to give effect to the dedication of the sanitary sewer and potable water system as if those improvements within this subdivision were within the Chubbuck City Limits; the parties agree that the warranties set forth in Chubbuck Municipal Code 17.16.070 shall apply, by contractual agreement between the parties hereto, to the sanitary sewer and potable water system improvements that are being dedicated to and accepted by the CITY. Instrument: 22003584 Page:O 2.2 As a condition of CITY accepting each dedication and the ongoing maintenance of these improvements in perpetuity, DEVELOPER agrees that and consents to the annexation of the PROJECT to the CITY when the Chubbuck City Limits have expanded to the point they are adjacent and contiguous to PROJECT. DEVELOPER agrees that under existing law and specifically Idaho Code § 50-222, this would be consent to a Category A Annexation and all defenses to such Annexation are waived by DEVELOPER on behalf of DEVELOPER and DEVELOPER(s) successors and assigns as to the entire PROJECT, each phase and each lot within the PROJECT. 2.3 The DEVELOPER agrees that all subdivision infrastructure construction, future alterations modification to the development, shall conform to any and all then applicable City subdivision infrastructure construction standards and upon annexation, all City zoning and Land Use codes shall apply and all required permits shall be obtained from CITY prior to the commencement of any work. Section 3: Utilities 3.1 This Agreement acknowledges the project master plan proposes 886 EDU at full build out. The City of Chubbuck has sufficient capacity in the Wastewater Collection System to serve the requested EDU. However, the City does not have the ability to guarantee capacity at the Pocatello Sewer Treatment Plant. 3.2 The DEVELOPER acknowledges and agrees that the PROJECT is not located in the Chubbuck City Limits and until annexation occurs, DEVELOPER and DEVELOPER(s) successors and assigns as to the entire PROJECT, each lot of each phase within the PROJECT shall pay one hundred fifty percent (150%) of the Chubbuck utility billing rates for sanitary sewer and potable water services. This monthly utility billing rate shall be set from time to time by the Chubbuck City Council. Notice of a rate increase need not be given. The City shall give notice of the rate increase in its normal course of billing, but shall not be obligated to give notice to DEVELOPER(s) prior to enacting said increase. 3.3 DEVELOPER acknowledges that sewer discharge is governed by federal law and further that all sewage transmitted into the Northwest Sewer Interceptor System is ultimately discharged into treatment works owned and operated by the City of Pocatello. For that reason the discharge of sewer is governed by federal regulation, state regulation and is subject to regulation by the City of Chubbuck as well as the City of Pocatello, Idaho. DEVELOPER(s) agrees to be bound by all terms and conditions imposed by any of the various governing bodies, including, but not limited to the City of Chubbuck, the City of Pocatello, the State of Idaho and the United States Government. This Instrument: 22003584 Page:O agreement is subject to all of said regulations, and all of said regulations are incorporated into this agreement by reference as though fully set forth and as said regulations may be from time to time amended, revoked or supplemented. 3.4 DEVELOPER(s) agrees to abide by and be bound by the provisions of Chapter 13.16 of the Chubbuck Municipal Code, as now in effect or later amended, DEVELOPER(s) agrees to be bound by the terms of that chapter and all other regulations enacted by the City of Chubbuck and waives any right to assert a defense to any action to enforce those regulations and ordinances by virtue of DEVELOPER(s) being a non-resident for the City of Chubbuck and DEVELOPER(s) property being outside of the Chubbuck city limits. 3.5 DEVELOPER(s) grants CITY the right to enter upon DEVELOPER(s) premises at all reasonable hours to determine whether or not there is compliance with the aforementioned regulations as well as the provisions of the Chubbuck Municipal Code governing sewage. Additionally, DEVELOPER(s) grants the CITY permission to enter all of DEVELOPER(s) properties for the purpose of inspection, observation, measurement sampling and testing. Section 4: Terms and Conditions 4.1 In consideration of the CITY providing sanitary sewer and potable water systems to the PROJECT, the developer and the CITY acknowledge and agree that this agreement is irrevocable and, the PROJECT shall be deemed a single parcel and any sub parcels of the PROJECT which are created by subdivision or by any other means shall be subject to the terms and conditions of this Agreement, subsequent sale of individual ownership notwithstanding. 4.2 This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, in recordable form, signed by the parties hereto, or their respective successors and assigns. Any such modification or amendment shall not be effective until recorded in the Public Records of Bannock County, Idaho. 4.3 In the event the either party institutes a legal proceeding against the other party, to enforce the terms of this Agreement or for breach of any of the terms, conditions or covenants of this Agreement, the prevailing party shall be entitled to recover from the other party its reasonable attorney's fees, paralegal fees and costs, both at the trial and appellate levels. 4.4 The attached Exhibit "A" is part of this Agreement as though fully set forth in this Agreement. Instrument: 22003584 Page:O IN WITNESS WHEREOF, this Agreement has be entered into between the CITY and DEVELOPER effective as of the date of the last signature below: DEVELOPER: Name(print): v i �t-0'^'� �►L'�' n Address: 15bycr Phone: 2,05-211-705-1 By: Date: Z l J 2bZ0 STATE OF IDAHO :SS County of Bannock On this 13 day of r all3.1/2030Obefore me, the undersigned Notary Public, in and for said State, personally appeared men —M whose name as manager of Rio Vista Land, LLC, is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, he or she, as such officer and with full authority, executed the same voluntarily for and as the act of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first written above. ............ NOT/}, O ' NOTARY PUBLIC - STATE OF IDAHO n PUBLIC (SEAL) Commission Expires: t Instrument: 22003584 Page:O CITY: Date:4F Attest: 4LAO Date: 00'-a- 2,2.0 STATE OF IDAHO :SS County of Bannock On this A dayof Z , 2020, before me, the undersigned Notary Public, in and for said State, personally appeared KEVIN B. ENGLAND, and JOEY BOWERS, known to me to be the MAYOR and CITY CLERK, respectively, of the municipal corporation that executed the within instrument, or the persons who executed the instrument on behalf of the municipal corporation, and acknowledged to me that such municipal corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year first written above. (SEAL) ta0TA.9 �6P I0 18133 AV81L1G %����i.,_ /IDAHO a��'q-,Oj NOTARY PUB - STATE OF IDAHO My Commission Expires: �� EXHIBIT "A" WESTFIELD ESTATES Parcel 1 Instrument: 22003584 Page:O South half of the Southwest Quarter, Section 32, Township 5 South, Range 34 East, Boise Meridian, Bannock County; Idaho. Also: Lot 4 and the Southwest Quarter of the Northwest Quarter of Section 5, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho. Parcel 2 A parcel of land located in the East half of Section 6, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho. It is more particularly described as follows: Commencing at the Northeast corner of Section 6 (Inst# 21103123), thence North 8904829" West, along the North line of Section 6 a distance of 1324.70 feet to the East 1/16 corner of Section 6 from which the North Quarter corner of section Instrument# 93009635 bears North 89°48'29" West and is 1323.09 feet distant; thence South 0040'36" East along the East 1116 line a distance of 25.00 feet to the Southerly right of way line of Siphon Road and the True Point of Beginning. Thence continuing South 0°40'36" East along the East 1116 line 872.60 to the North line of Instrument# 20505481; thence South 89°43'02" East along said line 45.75 feet to the centerline of the Church Lateral; thence South 37°38'54" East along said centerline a distance of 509.24 feet. thence continuing along centerline South 37°15'10" East a distance of 1374.59 feet to the point of curvature of a 496.06 foot radius curve concave to the Northeast having a central angle of 27°07'48", a chord of 232.70 feet that bears South 50°49'03" East; thence along curve in a Southeasterly direction 234.89 feet to the Westerly right of way line of Rio Vista Road,-' thence North 0°39'36" East along said right of way line a distance of 49.28 feet to the Southerly corner of Instrument # 716640; thence North 53'16'5 1" West along the Southwesterly of Instrument# 716640 a distance of 187.02 feet and North 37°27'24" West a distance of 230.48 feet to the Northwest corner of Instrument# 716640 and the Southwest corner of Instrument# 898507; thence along the Westerly line of Instrument# 898507 North 37°27'22" West a distance of 94.04 feet to the Northwest corner of Instrument # 898507 and the Southwest corner of instrument #s 99011375 and 99019523; thence along the westerly line of Instrument #s 99011375 and 99019523 North 37°27'39" West a distance of 502.83 feet the Northwest corner of Instrument #s 99011375 and 99019523; thence North 88°00'36" East along the North line of Instrument# 99011375 and 99019523 a distance of 629.60 feet to the Westerly right of way line of Rio Vista Road; thence North 1'5327" West along said right of way line a distance of 1461.86 feet; thence North 88°45'50" West a distance of 248.80 feet; thence North 0'57'11 " East a distance of 208.54 to the Southerly right of way line of Siphon Road; thence North 89°48'29" West along said right of way line a distance of 1062.88 feet to the TRUE POINT OF BEGINNING. Parcel 1 and Parcel 2 are adjoined by the Rio Vista Road right-of-way, which will be included during the City of Chubbuck annexation of Westfield Estates. -n Z Q w y Go I � I \\•© \m\a °�° � �LL W z Eg os�- - $ do > I _I • ° N��p�= € p _ T Y.„�zm W w€ "3 W tea_ KGs W � � z a w rc = Q N a d e o t _ N �G d _ W q y • zNrc a i 4e L.L � H r a %n aJ W z H z W LU C 0 CL. W r W F I In om R R S 3 w z W W W 3 3 3 3 E��� � a a a e i i i F 7 7 5 9 9 oN Ei 32 Y~ W� 2 o0wl- LTE"L 3..8590.4 5 I � Oh a Oo o mE� OS Ed $5N om R R S 3 w z W W W 3 3 3 3 E��� � a a a e i i i F 7 7 5 9 9 25 - Hl Go � II ii �. ��•® �m�a - °�° � 'LL W �QE� ess� � _ �o IT ooLu _ q TI QI Y � 3'o f i it%Irirc ? w v'i O 2 2N WN WN � g= u2 rcy Y yy 2 � I LALijx m y c O 3MtlO 3tlIXSN0�3O 5 .10'a5l 3NN311tl 3tlIXSXtl3tl W Z C %A W Z 8919 y oosz� .......... 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Director of Planning & Development Service 5500 S. 5th Ave. Pocatello, Idaho 83204 Community Services Department Development Services Division PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 RE: Westfield Estates Division 4 — Preliminary Plat Dear Mike: www.CityofChubbuck.us Thank you for the opportunity to review the preliminary plat for the above mentioned development. The applicant has previously agreed to the following items as a condition of utilizing City water and sanitary sewer utilities: 1. The typical section for 55' ROW street needs revised showing the street width from back of curb to back of curb to be 37 feet (18.5' half width) instead of 35 feet (17.5' half width). 2. Provide atypical section for 80' ROW (Westfield Ave.). 3. Stub water, sewer, and irrigation mainlines in Westfield Ave. to the east property boundary in accordance with Westfield Estates recorded annexation agreement "All subdivision infrastructure construction shall conform to any and all applicable City Subdivision infrastructure construction standards". 4. Provide street improvements for Westfield Ave. to the east property boundary in accordance with Westfield Estates recorded annexation agreement "All subdivision infrastructure construction shall conform to any and all applicable City Subdivision infrastructure construction standards". 5. Provide dimension for utility corridor easement between Westfield Ave. and Devonshire Dr. It appears the mentioned easement isn't wide enough to meet City Standards. The width shall be determined so the easement sideline is 10 feet or greater from the potable water. 6. At the northwest corner of Lot 10, Block 3 please revise the water, sewer, and irrigation mainlines so that they connect within the street right-of-way not in lot 10. The items above must be addressed on the plat prior to the City providing utility services. Please feel free to contact me if there are any questions. Sincerely, Sean Harris Development Services Manager CC: Brady Smith, RMES X01(1-FS01Wublic Works �Engineering �Development� COUNTY Subdivisions� Westfield Estates -Division 4�Platting -Land Use�Preliminaryjl submitted 12-3-211 Westfield Div 4 Pre -Plat Review 12-6-21.docx From: Michael Jaglowski <miaglowski@bannockcounty.us> Sent: Thursday, December 9, 20214:23 PM To: Sean Harris <sharris@cityofchubbuck.us> Cc: Bridger Morrison <BMorrison@citvofchubbuck.us>; Dannis Adamson <dannisadamson@gmail.com> Subject: Westfield Estates #4 - East Extension of Westfield Ave. Good Afternoon Sean, Thank you for our conversation today. At the conclusion of our conversation, I felt it would be appropriate to send over a quick email generally summarizing our discussion. Please review the following. Please add to the email if you feel that I missed a discussion point. After speaking with Brady and Dannis, I wanted to send you a quick email documenting the county's direction to Rio Vista Development, LLC regarding the east end of Westfield Ave within Westfield Estates Division 4 preliminary plat. During our discussions before and at concept approval, county staff felt that constructing the improvements east of Berkshire on Westfield Ave would be a burden on current and future right of way maintenance until such time as the ground to the east is redeveloped. If the city would desire this connection, our request was that the right of way be dedicated on the plat and that the HOA establish a contractual arrangement with the city to pay for and construct the improvements (sewer, water, curb, and road section) at a later time when the connection is being platted from the east. Additionally, and vetted out through conversation, it was also suggested that there be a time limit when the dedicated right of way would return to the HOA as common area (possibly 50 years) so as to not leave the ground in perpetual limbo if the ground to the east does not redevelop. As many of these improvements would be near their end of life or be left unused and possibly cause health issues (stagnant water in the water lines or non - flowing municipal or storm sewage) before the neighboring ground to the east may redevelop, this approach seemed appropriate and in the best interests of all parties. Hopefully the above makes sense. Please let me know if you have any questions about this information or would like to discuss the situation. Michael R Jaglowski, PE, CFM Bannock County Engineer 5500 South 5th Avenue Pocatello, Idaho 83204 Office: 208-236-7230 CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. From: Devin Hillam To: Michael Jaalowski; Dannis Adamson; brady()rmes.biz Cc: Bridger Morrison; Sean Harris; Rodney Burch Subject: FW: Westfield Estates #4 - East Extension of Westfield Ave. Date: Friday, December 10, 20219:23:00 AM Attachments: imaae001.ona Hi Mike, Sean is out of the office today and so knowing they're some urgency to get to the bottom of this before the P&D meeting next week, I wanted to get you our response as Sean's supervisor. Our position is that the right-of-way needs to be dedicated to the public and improvements completed to meet our code requires. Throughout this process of discussions between the city and the developer, the developer has agreed to follow our standards for streets and rights-of-way as a condition to receive city utility services. City code section 16.12.020.0 requires that streets be extended to the boundary lines of the development and 16.12.020.Q requires 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 area, shall be required on all streets in a proposed subdivision. If the land remains as open space for the community and only the developer and us at the county and city today know that a road is planned to extend there in the future, it sets no indication to the adjoining land owners and area residents that the land is established in the future to be extended through as part of the regional street network (even if indicated on a plat that they'll never read). We've seen numerous fights, some long and legal, where neighbors' streets are being extended to serve another development as planned and they oppose, citing the street as their own local street. Not obtaining the right-of-way and constructing the improvements today sets up an unnecessary adversarial relationship between the city (or county if the land develops in the county) and the neighborhood residents. In terms of maintenance, it is not anticipated that the County will have this piece long in its jurisdiction since the developer has previously agreed to annex the entire area as soon as it is eligible. While date certain of that eligibility is unknown, given its proximity to existing city boundaries now, it will be relatively soon in the grand scheme of things. From a public health perspective, the city has the ability, knowledge, and programs to flush lines to prevent such possible issues. In fact, stubbed streets, water, and sewer lines are normal in the city and can be found on boundary lines for roads like Dell, Wendy, Sheba, Homestead, Petersburg Dr., Sawtooth, Pinewood, Alpine, Galena, Angela, Lisa, and Industry Way and it is our practice to flush lines regularly. We are not interested in an agreement where after 50 years we give right-of-way land back if the adjoining property doesn't develop. As soon as we annex the Westfield property, this adjoining land will be eligible for annexation and development in the City of Chubbuck since it will meet the contiguous requirement of Idaho Code. While we suspect that it will redevelop in less than 50 years if it does not, a regional street network will still need to be built at some point to address long-term urban growth in valley which will occur inevitably since the northern end of the developable land in Bannock County is limited by the reservation boundary. Our comprehensive plan understands that what we're doing today helps to accommodate for needs in the current and long-term future. If you have any questions, please let me know. Best, CHUBBUCK I018a Devin Hillam, AICP, MPA I Community Services & Economic Development Director 290 E Linden Ave. Chubbuck, ID 83202 Office: (208) 239-3239 Work Cell: (208) 557-1781 From: Michael Jaglowski <miagIowski(@bannockcounty.us> Sent: Thursday, December 9, 20214:23 PM To: Sean Harris <sharris(@cityofchubbuck.us> Cc: Bridger Morrison <BMorrison(@cityofchubbuck.us>; Dannis Adamson <dannisadamsonPgmail.com> Subject: Westfield Estates #4 - East Extension of Westfield Ave. Good Afternoon Sean, Thank you for our conversation today. At the conclusion of our conversation, I felt it would be appropriate to send over a quick email generally summarizing our discussion. Please review the following. Please add to the email if you feel that I missed a discussion point. After speaking with Brady and Dannis, I wanted to send you a quick email documenting the county's direction to Rio Vista Development, LLC regarding the east end of Westfield Ave within Westfield Estates Division 4 preliminary plat. During our discussions before and at concept approval, county staff felt that constructing the improvements east of Berkshire on Westfield Ave would be a burden on current and future right of way maintenance until such time as the ground to the east is redeveloped. If the city would desire this connection, our request was that the right of way be dedicated on the plat and that the HOA establish a contractual arrangement with the city to pay for and construct the improvements (sewer, water, curb, and road section) at a later time when the connection is being platted from the east. General Provisions 16.04 Definitions 16.08 Engineering Standards 16.12 Construction Site Standards 16.16 Augmentation, Compliance And Fees 16.20 Enforcement And Relief 16.24 CHAPTER 16.04 GENERAL PROVISIONS SECTION: 16.04.010: Short Title 16.04.020: Purpose 16.04.030: Interpretation 16.04.040: Scope 16.04.010: SHORT TITLE: This chapter shall be known and may be cited as the CHUBBUCK LAND IMPROVEMENT STANDARDS ORDINANCE. (Ord. 207 §1-1, 1979) 16.04.020: PURPOSE: The purpose of this chapter is to protect the public health, safety and welfare by establishing engineering standards for the design, installation, alteration or repair of improvements to land, and by providing environmental protection and safety standards for construction sites. (Ord. 207 §1-2, 1979) 16.04.030: INTERPRETATION: This chapter shall be construed liberally in the public interest to accomplish the purpose set forth in section 16.04.020 of this chapter. (Ord. 207 §1-3, 1979) 16.04.040: SCOPE: This chapter shall apply to design, installation, alteration or repair of any improvements to lands which are open to public use, and to any construction sites, within the jurisdiction of the city. (Ord. 297 §1-4, 1979) CHAPTER 16.08 DEFINITIONS SECTION: 16.08.010: Definitions 16.08.020: Block 16.08.030: Comprehensive Plan 16.08.040: Condominium 16.08.050: Development 16.08.060: Hillside Development (Rep. by Ord. 754, 2016) 16.08.070: Improvement 16.08.080: Irrigation Facilities 16.08.090: Lot 16.08.100: Pedestrianway 16.08.110: Project 16.08.120: Street 16.08.130: Structure 16.08.140: International Building Code 16.08.150: Utilities 16.08.010: DEFINITIONS: For the purpose of this title, the words in this chapter shall have the meanings as set forth in this chapter. (Ord. 207 §1-5, 1979) 16.08.020: BLOCK: "Block" means a piece or parcel of land or group of lots surrounded by public streets, streams, railroads, or parks, or a combination thereof. (Ord. 754, 2016) 16.08.030: COMPREHENSIVE PLAN: "Comprehensive plan" means a plan with maps, charts and reports, together with any amendments thereto, adopted by the city council in compliance with the local planning act of 1975 set forth in the state code. (Ord. 207 §1-5(B), 1979) 16.08.040: CONDOMINIUM: "Condominium" means an estate consisting of an undivided interest in common in real property, in an interest or interests in real property, or in any combination thereof, together with a separate interest or interests in real property, or in any combination thereof as defined in state code. A condominium may refer to an apartment, townhouse or single household dwelling that meets these criteria, as well as commercial or other non-residential properties. (Ord. 207 § 1-5(C), 1979; amd. Ord. 822, 1-6-2021) 16.08.050: DEVELOPMENT: "Development" means any activity enumerated in subsection 17.04.040B of this code, as now in effect and as it may hereafter be amended. (Ord. 207 §1-5(D), 1979) 16.08.060: HILLSIDE DEVELOPMENT: (Rep. by Ord. 754, 2016) 16.08.070: IMPROVEMENT: "Improvement" means any physical addition or change to land, which enhances the value of the land, which is incident to a scheme to develop the land, or which benefits other lands. (Ord. 207 §1-5(F), 1979) 16.08.080: IRRIGATION FACILITIES: "Irrigation facilities" means canals, laterals, ditches, conduits, gates, pumps, and allied equipment necessary for the supply, delivery, and drainage of irrigation water. (Ord. 207 §1-5(G), 1979) 16.08.090: LOT: "Lot" means a piece or parcel of land separated from other pieces or parcels by description, as on a record survey map, or by metes and bounds, for purpose of sale, lease, or separate use. (Ord. 207 §1-5(H), 1979) 16.08.100: PEDESTRIANWAY: "Pedestrianway" means a walk extending entirely through a block from street to street or providing access to a school, park, recreation area, residential neighborhood, or commercial or industrial area. (Ord. 207 §1-5(I), 1979) 16.08.110: PROJECT: "Project' means installation of any improvement or the building of any structure upon land. (Ord. 207 §1-5(J), 1979) 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; B. A way that serves or is intended to serve less than three (3) households. (Ord. 754, 2016) 16.08.130: STRUCTURE: "Structure" means any construction or improvement, other than a driveway or other hard surface at ground level, upon or within land, and includes buildings, signs and walls, or fences more than six feet (6) in height. (Ord. 207 §1-5(L), 1979) 16.08.140: INTERNATIONAL BUILDING CODE: "International building code" means the latest edition of the international building code and appendices thereto, published by the International Code Council, which has been adopted by the mayor and council of the city. (Ord. 717, 2012) 16.08.150: UTILITIES: "Utilities" means installation or facilities, underground or overhead, furnishing for the use of public electricity, gas, steam communications, water, water drainage, sewage disposal, or flood control, owned and operated by any person, firm, corporation, municipal department, or board duly authorized by state or municipal regulations. Utility or utilities as used in this title may also refer to such persons, firms, corporations, departments or boards, as applicable in this title. (Ord. 207 §1-5(N), 1979) CHAPTER 16.12 ENGINEERING STANDARDS SECTION: L General Standards 16.12.010: Application 16.12.020: Streets 16.12.025: Access Management 16.12.030: Blocks And Lots 16.12.040: Landscaping 16.12.050: Utilities And Other Facilities 16.12.051: Mailboxes 16.12.060: Water, Sewer And Storm Drainage Lines 16.12.070: Monuments 16.12.080: Access To Utilities By Easements H. Design Standards 16.12.200: Sanitary Sewers 16.12.210: Stormwater Runoff Collection Systems 16.12.220: Water Distribution System 16.12.230: Secondary Pressure Irrigation Systems Ill. Construction Standards 16.12.300: Adoption 16.12.310: General 16.12.320: Fees And Permits 16.12.330: Special Backfill Requirements (Rep. by Ord. 754, 2016) 16.12.340: Street Pavement Sections 16.12.350: Traffic Control 16.12.360: As Constructed Documentation I. GENERAL STANDARDS 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 public works director based upon applicable national codes. (Ord. 754, 2016) 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, 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 Of Street Right Of Way Width Standard Back To Swale Section Curb Back To Curb Standard Back To Swale Section Curb Type Of Street Right Of Way Width Back To Curb 100 feet 80 feet - Major arterial 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 (55'). 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 (1,000') 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. 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 often 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. I. 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 corners 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. (Ord. 754, 2016) 16.12.025: ACCESS MANAGEMENT: All streets and roadways shall be designed to conform with the "Access Management Guidelines" (hereinafter "guidelines") as adopted by the Bannock Transportation Planning Organization on February 13, 2012, and as may from time to time be amended; provided, however notwithstanding any language to the contrary in the guidelines, within the city, table 3a "General Provisions Of Access Management Guidelines - Arterials", table 3b "General Provisions Of Access Management Guidelines - Collectors" and table 3c "General Provisions Of Access Management Guidelines - Local Streets", shall be applied to all areas, not just in commercial or multi -unit residential developments of more than one hundred (100) units. Such guidelines shall be utilized by city staff as well as the design review committee, land use and development commission and the city council in planning and coordinating the city street system as well as access between parcels owned by various entities for purposes of minimizing the need for access to city streets. Access to properties adjoining Yellowstone Avenue within the city of Chubbuck shall be designed to conform to the more restrictive of the guidelines or to "Idaho Transportation Department Access Management Standards And Procedures For Highway Right -Of - Way Encroachments" adopted March 2011, and as may from time to time be amended. (Ord. 762, 2016) 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 (1/2) acre or more, in which case the maximum block length may be extended to a dimension reasonably determined by the public works director. B. Block designs shall provide for two (2) tiers of lots, each facing upon a street, unless the public 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 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 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 public works director may determine in order to maximize the compatibility of the adjoining developments. (Ord. 754, 2016) 16.12.040: LANDSCAPING: A. The adjacent landowner 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 corner lot. B. Whenever, as determined by the public works director, the cuts and fills in a hillside subdivision are of sufficient size or visibility to demand special treatment, the adjacent landowner shall landscape such areas with suitable permanent plant materials and provide for their maintenance. (Ord. 754, 2016) 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 public works director based on applicable national codes. When facilities are installed in public rights of way, the location shall be approved by the 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 stormwaters. The type, extent, location and capacity of drainage facilities shall be determined for each development in accordance with title 8, chapter 8.56, "Stormwater Management", of this code and the "Portneuf Valley Stormwater Design Manual" and approved by the public works director or the director's designee. 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 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 public 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 public works director shall approve. (Ord. 754, 2016) 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 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. (Ord. 754, 2016) 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 public works director. (Ord. 754, 2016) 16.12.070: MONUMENTS: Monuments shall be installed at locations prescribed by Idaho Code 50-1303 and any others required by the city. (Ord. 599 §1, 2005) 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 public works director, unless they are located within areas dedicated to the public. (Ord. 754, 2016) II. DESIGN STANDARDS 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 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. (Ord. 754, 2016) 16.12.210: STORMWATER RUNOFF COLLECTION SYSTEMS: A. Stormwater collection laterals, as directed by the city, shall be constructed, together with their connecting laterals, to existing stormwater runoff collection trunks or to such place or places as will adequately dispose of all stormwater runoff. B. Stormwater systems shall be designed in accordance with the "Portneuf Valley Stormwater Design Manual" and approved by the public works director. 1. 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 public 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. C. The subdivider or developer will be subject to all fees and permits required by city ordinance governing the same. (Ord. 754, 2016) 16.12.220: WATER DISTRIBUTION SYSTEM: A. All water distribution system components shall be designed in compliance to the "Recommended Standards For Waterworks" as promulgated by the Great Lakes - Upper Mississippi River board of state public health and environmental managers and published by Health Education Services, Albany, New York. B. In addition, water distribution system components shall meet the following design requirements: 1. Pipe: Water system distribution pipe shall be minimum eight inch (8") nominal diameter and shall be cement lined ductile iron pipe, minimum class 50, polyvinyl chloride (PVC) pressure pipe, with push on joint or mechanical joint connection; or high density polyethylene pipe with thermal fusion joints manufactured and installed in compliance with latest American Water Works Association (AWWA) specifications. 2. Fittings: Fittings shall be cast or ductile iron, class 250 for potable water, manufactured and installed in compliance with American Water Works Association (AWWA) specifications. 3. Valve Spacing: Valves shall be installed at all crosses or tees with a maximum spacing of one thousand feet (1,000'). 4. Fire Hydrant Spacing: No lot frontage shall be located more than two hundred fifty feet (250') from a fire hydrant as measured within street rights of way. 5. Pipe Cover: The minimum depth of cover from top of pipe to finish grade for all distribution system pipelines and service lines shall be five feet (6). 6. Fire Flow: The distribution system shall be designed so that it will provide a minimum fire flow of one thousand five hundred (1,500) gallons per minute in addition to system domestic demands. (Ord. 599 §1, 2005) 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 the city will assume ownership and operation of the system. Secondary irrigation systems shall be designed and constructed in accordance with the current edition of the city of Chubbuck "Pressure Irrigation Design Specification Manual". A. 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". B. Waiver: The provisions of this section may be temporarily or permanently waived by the 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. (Ord. 754, 2016) III. CONSTRUCTION STANDARDS 16.12.300: ADOPTION: The current edition of the "Idaho Standards For Public Works Construction" as promulgated by the Idaho standards for public works construction executive committee is adopted and incorporated herein by reference as an ordinance of the city in its current form and as it may be hereafter amended from time to time as though set forth fully herein. Future editions of these standards may be adopted as the same are published from time to time by the committee, by resolution of the mayor and city council and such resolution shall identify with particularity the edition being adopted. Unless specifically stated to the contrary, such resolution shall have the effect of adopting that future edition as the edition then in force. One copy of the current edition of the standards shall be maintained on file at the city clerk's office for use and examination by the public. (Ord. 599 §1, 2005) 16.12.310: GENERAL: Any street improvements, sanitary or storm sewer installations, water installations or other installations of other utilities, and any of their appurtenant structures or equipment, that are damaged or destroyed as a result of construction shall be repaired or replaced promptly by the developer in compliance with directions of the city engineer. (Ord. 372 §1, 1992) 16.12.320: FEES AND PERMITS: The developer will be subject to all fees and permits required by city ordinance governing the same. (Ord. 372 §1, 1992) 16.12.330: SPECIAL BACKFILL REQUIREMENTS: (Rep. by Ord. 754, 2016) 16.12.340: STREET PAVEMENT SECTIONS: The following pavement sections shall be used within the city of Chubbuck: Type Of Street Pavement Component Section Component Thickness Inches Type Of Street Pavement Component Section Component Thickness Inches Local (low density carrier of the traffic Asphalt concrete 2.5 Crushed base (3/4") 3.0 within neighborhoods and districts of the city) 2" minus pit run 8.0 Collector (medium density carrier of Asphalt concrete 3.0 Crushed base (3/4") 3.0 the traffic between neighborhoods and districts of the city) 2" minus pit run 10.0 Minor arterial (carries high traffic Asphalt concrete 4.0 Crushed base (3/4") 4.0 volumes onto and from other arterial, collector and local roads) 2" minus pit run 12.0 Pavement section to be Major arterial (major thoroughfare designed using data and carrying traffic into and out of the city) conditions applicable to use All streets shall have subgrade separation geotextile between natural subgrade and 2" minus pit run materials. (Ord. 754, 2016) 16.12.350: TRAFFIC CONTROL: The developer shall erect or construct traffic control signing, pavement markings, and street name signs as approved by the city and in accordance with the current edition of the "Manual On Uniform Traffic Control Devices". (Ord. 599 §2, 2005) 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 as an AutoCAD base drawing digital drawing format and PDF plan set with coordinate system based on city of Chubbuck grid coordinate system. (Ord. 754, 2016) CHAPTER 16.16 CONSTRUCTION SITE STANDARDS SECTION: 16.16.010: Application 16.16.020: Hours Of Operation 16.16.030: Dust, Dirt And Materials Control 16.16.040: Slopes (Rep. by Ord. 754, 2016) 16.16.050: Fill Materials 16.16.060: Drainage 16.16.070: Finished Cuts And Slopes 16.16.080: Backfillings 16.16.090: Compaction Of Fills (Rep. by Ord. 372 §2, 1992) 16.16.100: Erosion Control And Landscaping 16.16.110: Special Precautions 16.16.120: Repair Of And Safeguard Against Damage 16.16.130: Special Design And Construction Methods For Terrain Problems 16.16.140: Worker Personal Sanitary Needs 16.16.150: Construction Site Refuse Management 16.16.010: APPLICATION: All grading operations and related site work in any development shall comply with the standards set forth in this chapter in addition to other requirements of this title. (Ord. 207 §3-1, 1979) 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 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. (Ord. 754, 2016) 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 stormwater 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 hundred dollars ($500.00) for the first remediation done by the city for a contractor within a twelve (12) month period, seven hundred fifty dollars ($750.00) for the second remediation and one thousand dollars ($1,000.00) 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. (Ord. 754, 2016) 16.16.040: SLOPES: (Rep. by Ord. 754, 2016) 16.16.050: FILL MATERIALS: All fill shall be earth, rock or other inert materials free from organic material and free of metal, except that topsoil spread on cut and fill surfaces may incorporate humus for desirable moisture retention properties. (Ord. 207 §3-2(D), 1979) 16.16.060: DRAINAGE: Adequate provisions shall be made to prevent any surface waters from damaging the cut face of an excavation or any portion of a fill. All drainageways and structures shall carry surface waters without producing erosion to the nearest feasible street, storm drain or natural watercourse approved in advance by the city engineer as a safe place to deposit and receive such waters. The city engineer may require such drainage structures to be constructed, or installed, as necessary to prevent erosion damage or to prevent saturation of the fill or material behind cut slopes. (Ord. 207 §3-2(E), 1979) 16.16.070: FINISHED CUTS AND SLOPES: The exposed or finished cuts or slopes of any fill or excavation shall be smoothly graded. All exposed slopes of any cut or fill shall be protected by approved planting, crib walls or walls and planting, terracing, or a combination thereof. Graded surfaces shall be treated as provided in section 16.16.110 of this chapter. (Ord. 207 §3-2(F), 1979) 16.16.080: BACKFILLINGS: Any pipe trench or other trenching or excavation made in any slope of any excavation or filled site shall be backfilled and compacted by a method approved by the city engineer to the level of the surrounding grade. (Ord. 207 §3-2(G), 1979) 16.16.090: COMPACTION OF FILLS: (Rep. by Ord. 372 §2, 1992) 16.16.100: EROSION CONTROL AND LANDSCAPING: All cut and fill surfaces created by grading except for firebreak purposes shall be planted with a ground cover that is compatible with the natural ground covers in the city. Topsoils are to be stockpiled during rough grading and used on cut and fill slopes. When slopes too steep to support continuous ground cover have been permitted and in lieu thereof niches and ledges provided for planting, such slopes need not be planted with a continuous ground cover, but may instead be screened with vines and plantings. Cuts and fills along public roads may be required to be landscaped so as to blend into the natural surroundings. The existing on site vegetation, including trees with a trunk diameter of four inches (4") or greater and other natural ground cover, shall be preserved to the maximum extent possible. (Ord. 207 §3-20(1), 1979) 16.16.110: SPECIAL PRECAUTIONS: A. If, at any stage of grading, the 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. B. Where it appears that storm damage may result from work performed under this chapter, the 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 public 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. (Ord. 754, 2016) 16.16.120: REPAIR OF AND SAFEGUARD AGAINST DAMAGE: If the public works director determines that public facilities, or facilities to be dedicated to the public, are being damaged in the course of development, the 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 public works director's directive in the manner provided in said code. (Ord. 754, 2016) 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 public 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. (Ord. 754, 2016) 16.16.140: WORKER PERSONAL SANITARY NEEDS: Every construction site shall have access to adequate toilet facilities for employees and/or other workers. If toilet facilities are not readily available for workers' use, the developer and/or primary contractor at the construction site shall arrange for at least one portable chemical toilet which shall be cleaned and serviced no less than weekly. If a site does not have such facilities, all permits issued by the city may be revoked or suspended by the city until the required facility is made available. (Ord. 653 §1, 2007) 16.16.150: CONSTRUCTION SITE REFUSE MANAGEMENT: Every construction site shall have access to adequate refuse collection disposal facilities. If such disposal facilities are not readily available for use at the site, the developer and/or primary contractor at the construction site shall arrange for a refuse container of at least three (3) cubic yards in volume which shall be serviced no less than weekly. If a site does not have such facilities, all permits issued by the city may be revoked or suspended by the city until the required facility is made available. (Ord. 653 §1, 2007) CHAPTER 16.20 AUGMENTATION, COMPLIANCE AND FEES SECTION: 16.20.010: Augmentation Of Standards 16.20.020: Compliance 16.20.030: Inspection Fees 16.20.010: AUGMENTATION OF STANDARDS: After consulting with the developer or builder, the city engineer may direct that particular improvements be installed in compliance with such additional standards, consistent with applicable national codes, as are made necessary by multi -story structures, heavy density or other special characteristics of the development or site in question. (Ord. 207 §4-1, 1979) 16.20.020: COMPLIANCE: The 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 public works director. The developer or builder shall notify the public works director when an improvement, or series of improvements, is ready for inspection; and the public works director shall cause the inspection to be conducted without undue delay. To assist the developer, the public works director may prepare a list of inspections that will be required. Monitoring, inspection and approval activities by the public works director shall not absolve the developer, builder and their agents of responsibility to comply with the standards. (Ord. 754, 2016) 16.20.030: INSPECTION FEES: The 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. (Ord. 754, 2016) CHAPTER 16.24 ENFORCEMENT AND RELIEF SECTION: 16.24.010: Required 16.24.010: REQUIRED: The standards prescribed in this title shall be enforced, and relief from such standards may be granted, in the manner set forth by the international building code. In the event that the city commences and prevails in a civil action to enforce this title, the city shall request and the court may award the city its costs, according to court rule, together with a reasonable attorney fee, and such other or further relief as the court may deem just. (Ord. 717, 2012)