Loading...
HomeMy WebLinkAbout2023-03 City Utility Connections Outside of City LimitsCITY OF CHUBBUCK, IDAHO RESOLUTION 2023-0.3 WHEREAS, the CITY OF CHUBBUCK, hereafter called the CITY, provides services to its residents, through police protection, fire protection, animal control, sanitation services, water supply and sewer services; and WHEREAS, the CITY OF CHUBBUCK, desires to achieve orderly development in areas that are not yet annexed into the CITY; and WHEREAS, the CITY from time to time is approached by developers and/or landowners regarding property located in Bannock County, and outside of the corporate boundaries of the CITY, who desire CITY services and/or connection to CITY water and/or sewer services; and WHEREAS, the CITY is not obligated to provide services outside of its corporate boundary and provisions or services or utilities in the unincorporated County are at the voluntary discretion of the City; and WHEREAS, the CITY advocates efficient and safe land use and development and understands that connections to municipal sanitary sewer and culinary water lines help protect the aquifer's drinking water, encourage more dense land uses, and promote growth on the urban fringe; and WHEREAS, CHUBBUCK CITY CODE 2.20. 10 authorizes the Mayor to enter into written agreements for furnishing municipal services outside of City limits by written agreement, which defines the scope of services to be provided and the consideration to be paid therefor, and which may include police protection, fire protection, animal control, sanitation services, water supply and sewer services; and WHEREAS, it is recognized by CHUBBUCK CITY CODE 2.20.20 that if services are provided outside the City limits, the furnishing of services pursuant to such agreements shall be subject to the first priority accorded to adequate provision of services within the corporate boundaries of the city. NOW, THEREFORE, BE IT RESOLVED: 1.. Where Water and/or Sewer city services are requested by developers and/or landowners regarding property located in Bannock County, and outside of the corporate boundaries of the CITY, the following shall guide the determination of these requested connections: a. For a single lot in the county, requesting only City Sewer (to replace a septic system): Resolution Services in County 5-3-23 i. The developer and/or landowner must provide and record a Consent to Annex acceptable to the CITY as well as an agreement with the CITY acceptable to the CITY containing the terms required below; and ii. The developer and/or landowner must agree that if the parcel redevelops, or further develops in the future, while still in the county, that CITY development and planning standards will be followed as closely as possible, in coordination with CITY staff, and if the property develops while in the CITY's boundary, the development will be subject to CITY regulations; and iii. The developer and/or landowner will request and obtain a letter from the City of Pocatello indicating that the connection will not count against CITY of Chubbuck sewer capacity; and iv. The developer and/or landowner and the CITY, must agree on plans for the extension of service lines, and the developer/landowner must agree to pay for those extensions; and v. The developer and/or landowner must agree to pay the same connection/capacity fees and monthly rate as CITY rate payers; and vi. The developer and/or landowner must agree that pursuant to CHUBBUCK CITY CODE 2.20.20 that if services are provided outside the CITY limits, the furnishing of services pursuant to such agreements shall be subject to the first priority accorded to adequate provision of services within the corporate boundaries of the city. b. For a Subdivision or Minor Land Division in the County which is requesting City Sewer Only (New lots w/private or community wells): i. The developer and/or landowner must provide and record a Consent to Annex acceptable to the CITY as well as an agreement with the CITY acceptable to the CITY containing the terms required below; and ii. The developer and/or landowner must agree that if the parcel redevelops, or further develops in the future, while still in the county, that CITY development and planning standards will be followed as closely as possible, in coordination with CITY staff, and if the property develops while in the CITY's boundary, the development will be subject to CITY regulations; and iii. The developer and/or landowner will request and obtain a letter from the City of Pocatello indicating that the connection will not count against CITY of Chubbuck sewer capacity; and Resolution Services in County 5-3-23 iv. The developer and/or landowner and the CITY, must agree on plans for the extension of service lines, and the developer/landowner must agree to pay for those extensions; and v. The developer and/or landowner must agree to pay the same connection/capacity fees and monthly rate as CITY rate payers; and vi. The developer and/or landowner must agree that pursuant to CHUBBUCK CITY CODE 2.20.20 that if services are provided outside the CITY limits, the famishing of services pursuant to such agreements shall be subject to the first priority accorded to adequate provision of services within the corporate boundaries of the city; and vii. The developer/landowner and the CITY must agree with the design of the development so that when water is available, developments with lots larger than 1 acre on average can develop in a consistent and efficient manner with CITY standards. This may require master planning and establishing easements for roads and future utilities; and viii. The developer/landowner and CITY must agree on a plans relative to the re -development relative to the property at issue associated with the request. The developer/landowner and the CITY must agree with the design of the development so that when water is available, developments with lots larger than i acre on average can develop in a consistent and efficient manner with CITY standards. This may require master planning and establishing easements for roads and future utilities; and ix. The developer/landowner must comply with BTPO and City access management policies; and x. The developer/landowner must agree to provide rights-of-way (and streets — if they are developing) of such width and location to meet CITY standards, including: 1. Typical Sections- curb, gutter, sidewalk, asphalt, striping 2. ROW widths 3. Road curves, block lengths, etc. 4. Future Road class map road locations, including stubbed roads 5. Stormwater retention 6. Fire hydrants; and xi. The developer/landowner must follow the strictest setbacks of the CITY and Bannock County for all structures; and xii. If the developer/landowner has surface irrigation water rights and source, the developer/landowner must build and operate a private distribution secondary water irrigation system, which Resolution Services in County 5-3-23 shall be funded and maintained by a homeowner's association in perpetuity. c. Subdivision in County- Requesting City Water Only i. The developer and/or landowner must provide and record a Consent to Annex acceptable to the CITY as well as an agreement with the CITY acceptable to the CITY containing the terms required below; and ii. The developer and/or landowner must agree that if the parcel redevelops, or further develops in the firture, while still in the county, that CITY development and planning standards will be followed as closely as possible, in coordination with CITY staff, and if the property develops while in the CITY's boundary, the development will be subject to CITY regulations; and iii. The developer and/or landowner and the CITY, must agree on plans for the extension of service lines, and the developer/landowner must agree to pay for those extensions; and iv. The developer/landowner must agree to pay the same connection/capacity fee and 1.5 times the monthly rate as city rate payers; and v. The developer and/or landowner must agree that pursuant to CHUBBUCK CITY CODE 2.20.20 that if services are provided outside the CITY limits, the furnishing of services pursuant to such agreements shall be subject to the first priority accorded to adequate provision of services within the corporate boundaries of the city; and vi. The developer/landowner and CITY must agree on a plans relative to the re -development relative to the property at issue associated with the request. The developer/landowner and the CITY must agree with the design of the development so that when water is available, developments with lots larger than 1 acre on average can develop in a consistent and efficient manner with CITY standards. This may require master planning and establishing easements for roads and future utilities; and vii. The developer/landowner must comply with BTPO and City access management policies; and viii. The developer and/or landowner must agree to build streets to CITY minimum standards as if they were built in the City, including: 1. Typical Sections- curb, gutter, sidewalk, asphalt, striping 2. ROW widths Resolution Services in County 5-3-23 3. Road curves, block lengths, etc. 4. Future Road class map road locations, including stubbed roads 5. Stormwater retention 6. Fire hydrants; and ix. The developer/landowner must follow the most strict setbacks of the CITY and Bannock County for all structures; and x. If the developer/landowner has surface irrigation water rights and source, the developer/landowner must build and operate a private distribution secondary water irrigation system, which shall be funded and maintained by a homeowner's association in perpetuity; and xi. The developer/landowner must provide canal public recreational easements if the property has a canal, for a future greenway trail. d. For a Subdivision in the County requesting City Water and Sewer: i. The developer and/or landowner must provide and record a Consent to Annex acceptable to the CITY as well as an agreement with the CITY acceptable to the CITY containing the terms required below; and ii. The developer and/or landowner must agree that if the parcel redevelops, or further develops in the fature, while still in the county, that CITY development and planning standards will be followed as closely as possible, in coordination with CITY staff, and if the property develops while in the CITY's boundary, the development will be subject to CITY regulations; and iii. The developer and/or landowner will request and obtain a letter from the City of Pocatello indicating that the connection will not count against CITY of Chubbuck sewer capacity; and iv. The developer and/or landowner and the CITY, must agree on plans for the extension of service lines, and the developer/landowner must agree to pay for those extensions; and v. The developer and/or landowner must agree to pay the same connection/capacity fees and monthly rate as CITY rate payers; and vi. The developer and/or landowner must agree that pursuant to CHUBBUCK CITY CODE 2.20.20 that if services are provided outside the CITY limits, the furnishing of services pursuant to such agreements shall be subject to the first priority accorded to adequate provision of services within the corporate boundaries of the city; and Resolution Services in County 5-3-23 vii. The developer/landowner and the CITY must agree with the design of the development so that when water is available, developments with lots larger than l acre on average can develop in a consistent and efficient manner with CITY standards. This may require master planning and establishing easements for roads and future utilities; and viii. The developer/landowner and CITY must agree on a plan relative to the re -development relative to the property at issue associated with the request. The developer/landowner and the CITY must agree with the design of the development so that when water is available, developments with lots larger than 1 acre on average can develop in a consistent and efficient manner with CITY standards. This may require master planning and establishing easements for roads and future utilities; and ix. The developer/landowner must comply with BTPO and City access management policies; and x. The developer and/or landowner must agree to build streets to CITY minimum standards as if they were built in the City, including: 1. Typical Sections- curb, gutter, sidewalk, asphalt, striping 2. ROW widths 3. Road curves, block lengths, etc. 4. Future Road class map road locations, including stubbed roads 5. Stormwater retention 6. Fire hydrants; and xi. The developer/landowner must follow the most strict setbacks of the CITY and Bannock County for all structures; and xii. If the developer/landowner has surface irrigation water rights and source, the developer/landowner must build and operate a private distribution secondary water irrigation system, which shall be fimded and maintained by a homeowner's association in perpetuity; and xiii. The developer/landowner must provide canal public recreational easements if the property has a canal, for a future greenway trail; and xiv. The developer/landowner must agree to abandon all wells and septic systems on the property. Any buildings on the property connected to septic systems or wells must connect to City services. 2. This resolution is intended as a guide, and does not create in any developer/landowner an automatic right. The City maintains the discretion whether to approve or deny a landowner request. Resolution Services in County 5-3-23 PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR ON MAY 3 rJ 2023. nLA' C'd LA Kevin B. England, Mayor ATTEST: Joey o , City CIerk Resolution Services in County 5-3-23 CERTIFICATION I hereby certify that the above is a true copy of a Resolution passed at a regular, duly called meeting of the City Council, City of Chubbuck, held on March 16, 2022. i erk Resolution Services in County 5-3-23