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):
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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
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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
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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
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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
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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.
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PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR ON MAY 3 rJ 2023.
nLA' C'd
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Kevin B. England, Mayor
ATTEST:
Joey o , City CIerk
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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.
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