This chapter establishes performance standards that apply to all developments. (Ord. 459-13, 2013)

All developments shall demonstrate continuing compliance with state and federal water quality regulations. (Ord. 459-13, 2013)

A professionally prepared runoff and erosion control plan shall be implemented by developments where a cumulative total of more than one acre of land with a slope of more than eight percent (8%) will be disturbed, or where a cumulative total of more than twenty thousand (20,000) contiguous square feet of impervious cover will be created. That plan shall:

   A.   Identify runoff and erosion hazard areas on the site;

   B.   Identify areas and facilities, both on and downslope from the site, that are vulnerable to damage from accelerated runoff or erosion;

   C.   Show how the retention of existing vegetation will be maximized and land disturbance minimized;

   D.   Show how existing trees that are to be retained will be protected from damage during construction;

   E.   Show how the area disturbed by construction at any one time will be minimized and how disturbed areas will be stabilized during the construction period;

   F.   Show how disturbed areas will be promptly, permanently stabilized by revegetation or structural techniques;

   G.   Show how runoff velocities will be minimized and drainageways will be prepared to handle any acceleration or increase of runoff;

   H.   Show how any additional runoff generated will be retained on site and infiltrated or evaporated, or released at a rate not exceeding the predevelopment rate of release;

   I.   Show how sediment resulting from accelerated soil erosion will be retained on site; and

   J.   Show how water quality in adjoining or nearby streams and wetlands will be protected by retention of existing vegetation, installation of vegetative filter strips, and other means. (Ord. 459-13, 2013)

All developments shall demonstrate compliance with state and federal wetlands protection requirements. (Ord. 459-13, 2013)

All developments shall demonstrate continuing compliance with state and federal air quality regulations. (Ord. 459-13, 2013)

Building must occur from the city (area of highest density) outward, and must be contiguous. (Ord. 459-13, 2013)

AS846   17.48A.txt

All developments including or adjoining irrigated lands, or including or adjoining any irrigation works (diversions, head gates, canals, pumps, drains, etc.) shall be reviewed by the responsible irrigation entity. No development shall be permitted to adversely impact the operation of any irrigation system and all developments shall comply with the specific performance standards established herein.

   A.   Subdivisions shall demonstrate compliance with Idaho Code 31-3805, as amended, which provides for the approval of subdivisions by irrigation entities. Compliance shall be attained by the transfer of water rights or the installation of a central irrigation system maintained by a community association. Irrigation systems installed in subdivisions to achieve compliance with Idaho Code 31-3805 are subject to the requirements imposed on other subdivision improvements.

   B.   No development shall channel stormwater or snowmelt runoff into any irrigation system without written consent of the responsible irrigation entity. (Ord. 459-13, 2013)

As required by Idaho Code 22-2407, "It shall be the duty and responsibility of all persons and nonfederal agencies to control noxious weeds on land and property that they own". (Ord. 459-13, 2013)

AS846   17.48B.txt

All potential nuisances and hazards shall be mitigated by appropriate means.

   A.   Noise: No development that will create excessive levels of sound beyond its property line shall be permitted. Excessive sound, measured at the property line of the receiving use, exceeds the standards of table 3 of this section. This performance standard applies to sounds generated by the occupancy or operation of a development, including sound generated by the operation of trains, motor vehicles, and heavy equipment on the site. It does not apply to the movement of trains on existing railroad rights of way, the movement of motor vehicles on public streets, the operation of farm machinery, the operation of watercraft, or other sources of noise that are not attributable to a particular development.

TABLE 3
DETAILED PERFORMANCE STANDARDS FOR NOISE

 

 

   B.   Light, Glare, Heat:

      1.   No industrial or commercial development shall direct hazardous light, glare, or heat beyond its property line. Such developments shall shield welding equipment and similar sources of intense light from neighboring properties or public ways by enclosure in a building, location on the property, or construction of a fence or wall, or a densely planted landscaped buffer.

      2.   All fixtures used to illuminate commercial and industrial uses shall have a full cutoff, no building or landscape feature shall be uplit, and no commercial or industrial use shall generate a level of illumination greater than 0.4 foot-candle in any neighboring area that is zoned for residential use.

   C.   Interference: No development shall create electrical interference that adversely affects other uses.

   D.   Solid Waste:

      1.   Solid waste shall be stored in an enclosed building or in approved containers and handled in a manner that does not: a) attract rodents, flies, or other animals; b) generate odors perceptible beyond the property line or liquid runoff; c) permit the blowing of paper and other lightweight waste; or d) violate any current public health standards.

      2.   Industrial or commercial solid waste handling and storage areas shall be effectively screened from the public view by enclosure in a building, location on the site, or the construction of a fence or wall. This includes expansions of existing solid waste handling and storage areas.

   E.   Runoff: No development shall channel stormwater or snowmelt runoff in a way that adversely impacts neighboring properties or public ways. See also section 17.48.030 of this chapter.

   F.   Snow Hazards And Storage:

      1.   No building shall be designed or constructed so as to shed snow from a pitched roof onto a public sidewalk.

      2.   All developments shall demonstrate that adequate snow storage is available, either on site (see section 17.48C.040 of this chapter) or via regular removal. No development shall rely on public rights of way, or other public lands, for snow storage, except where the city has granted written permission for snow storage on otherwise unused land. (Ord. 459-13, 2013)

Any development that is, or that may reasonably be expected to be, subject to the reporting requirements of EPCRA (the emergency planning and community right to know act of 1986), shall demonstrate continuing compliance with all state and federal requirements for the storage and handling of hazardous substances. (Ord. 459-13, 2013)

   A.   All developments shall be designed to optimize functional connections with adjoining developments, including shared access to arterials, shared parking and service access, shared buffers and open space, and shared pedestrian circulation.

   B.   Industrial, commercial, and higher density residential developments shall be designed to route traffic as directly as possible to arterial streets (the state highways) and avoid routing traffic through lower density residential areas. (Ord. 459-13, 2013)

   A.   Compliance With Regulations: Manufactured homes shall comply with the national manufactured home construction and safety standards act (40 USC 5401) or the building code.

   B.   Mobile Homes Not Located In Mobile Home Park: Manufactured homes that are not in an approved mobile home park shall be placed on a permanent foundation that complies with the manufactured home setup code 1 and permanently connected to municipal utilities and meet all Idaho specification standards.

   C.   Skirting: Where a system A foundation is used, the manufactured home shall be skirted using a compatible material and color. Skirting materials shall have an R value of at least nineteen (19).

   D.   Requirements: All manufactured homes being moved into the city of Ashton or being moved from one lot to another lot must require an installation inspection permit. All manufactured homes built prior to June 15, 1976, must have a mobile home compliance rehabilitation certificate through the state of Idaho before it can be occupied.

   E.   Exceptions: Existing lots with a manufactured/mobile home without a permanent foundation installed prior to the adoption of this title may continue that use without a permanent foundation. (Ord. 459-13, 2013)

AS846   17.48C.txt

All developments and all lots or parcels within a development shall be connected to the city's water and sewerage systems.

   A.   Water and sewerage service shall be extended to all lots before the street surface is constructed.

   B.   The provision of municipal utilities, including any necessary extension of mains, lift stations, etc., shall be the responsibility of the developer (see chapter 17.68 of this title on required improvements), but the city may choose to bear the additional costs of constructing larger facilities to prepare for future development.

   C.   Commercial developments may be required to provide pretreatment before the wastes they generate enter the city's sewerage system. (Ord. 459-13, 2013)

   A.   All developments, and all lots or parcels within a development, shall have direct access to electric power, telephone, and, where available, cable television and natural gas. Private utilities shall be provided by the developer, in compliance with the standards of the individual utilities.

   B.   Wherever such service is available, utilities shall be placed underground, with the connections to each lot made before street or road surfaces are constructed. (Ord. 459-13, 2013)

No building shall be placed in any utility easement, public or private. Fences may be constructed across municipal utility easements, but only where a gate or separable section is approved by the council. Fences across other easements must have approval of the affected utility. (Ord. 459-13, 2013)

Off street parking and loading areas shall be provided as required by chapter 17.60 of this title, including properly drained and graded gravel driveways. Snow storage shall not be permitted to reduce the size of any required off street parking or loading area. (Ord. 459-13, 2013)

Points of access to public streets shall be constructed in compliance with the standards of chapters 17.56 and 17.60 of this title. Developments with points of access to a state maintained highway shall obtain approval for those points of access from the Idaho transportation department.

   A.   Developments shall minimize the number of points of access to arterials, but also comply with subsection B of this section.

   B.   Developments shall maintain the existing grid pattern of the city's streets, where feasible. (Ord. 459-13, 2013)

Safe all weather access to all developments and all lots within any development shall be provided by the developer. The design and construction of streets shall be in compliance with the detailed performance standards of chapter 17.56 of this title. (Ord. 459-13, 2013)

Streetlights shall be installed at all intersections, at the developer's expense. (Ord. 459-13, 2013)

Sidewalks shall be installed by all developments in the CCZD and HCZD. (Ord. 459-13, 2013)

All applications for class II permits shall be referred to the North Fremont fire protection district for review and comment. If comments are not received before or at the scheduled hearing, it shall be assumed that the district had none. Fire protection district comments may result in approval of a permit being conditioned on:

   A.   Provision of additional access for firefighting apparatus where the exterior wall of a commercial or industrial building is located more than one hundred fifty feet (150') from a public street, or other safe and adequate access for firefighting apparatus;

   B.   Installation of a fire alarm system and installation of sprinklers or other fire suppression devices;

   C.   Provision of a water supply for firefighting by commercial or industrial developments where the city water system does not provide adequate fire flows;

   D.   Limitations on the storage of combustible material, including location on the property, setbacks from property lines, minimum aisle widths, and the height, size, and/or volume of individual piles, stacks, etc.;

   E.   Setbacks or buffers larger than those otherwise required by this title for uses that use or store combustible, flammable, explosive, or hazardous materials;

   F.   Setbacks from property lines and buildings and/or separations between containers or tanks used to store hazardous materials;

   G.   Installation of spill and drainage control, including secondary containment and overflow control by developments that handle hazardous materials, including flammable and combustible liquids;

   H.   Limitations on the total quantity of hazardous materials, including flammable and combustible liquids, that may be kept at a site;

   I.   Submission and implementation of a hazardous materials management plan (see also section 17.48B.020 of this chapter). (Ord. 459-13, 2013)

AS846   17.48D.txt

A "large scale development" is a residential or mixed use project, or a series of adjacent or related residential or mixed use projects, that will contain twenty (20) or more residential lots or units, or a commercial, industrial, or mixed use project, or series of adjacent or related commercial, industrial, or mixed use projects, that will contain more than five thousand (5,000) square feet of commercial or industrial space.

   A.   Large scale developments shall provide, or make a fair, proportional contribution to the provision of, any new public facilities or improvements to existing public facilities necessitated by their development. Such facilities shall be provided in compliance with all requirements of this title and may include: off site runoff and erosion control measures; additional water supplies; additional sewerage system capacity; off site street improvements such as deceleration or acceleration lanes, left turn lanes, signs or signals, and bridges or culverts; solid waste transfer stations; emergency services buildings and apparatus, including fire engines or ambulances; and neighborhood parks (including space used for recreational trails) at a rate of two (2) acres per thousand population.

   B.   The public facilities needs of the large scale development shall be determined through a fact finding process conducted by the commission, at the expense of the developer. The commission may retain planners and/or engineers to conduct this study, the purpose of which shall be to determine what new facilities needs may be attributed to the proposed development. The large scale development study process shall be conducted as follows:

      1.   The administrator shall determine whether a proposed development is a large scale development upon the filing of an application for sketch plan review.

      2.   The administrator shall place the initiation of a large scale development study on the agenda of the next regular commission meeting, along with the sketch plan review.

      3.   The commission shall review the application at that meeting. If it confirms the administrator's determination, the commission shall direct the administrator to begin a large scale development study.

      4.   Where a large scale development study is required, the developer shall place a deposit with the city in the amount provided in the resolution establishing fees for administration of this title. The administrator shall retain appropriate professional assistance for the study, drawing against the required deposit as necessary. All unused funds shall be returned to the developer upon completion of the study.

      5.   The application shall be considered complete and a hearing scheduled only after completion of the large scale development study.

   C.   A large scale development study shall:

      1.   Project the additional need for public facilities that will be generated by the proposed development;

      2.   Inventory the facilities that will serve the proposed development and their existing condition and capacity;

      3.   Combine the projections and inventory to show what, if any, additional or improved facilities will be needed to serve the proposed development; and

      4.   Estimate the costs of those additional or improved facilities. Where it is anticipated that new or improved facilities will also serve other developments (existing or new), the study shall calculate the fair proportional contribution of the large scale development to the total costs of the new or improved facilities. (Ord. 459-13, 2013)

AS846   17.48E.txt

A record of survey or plat shall be required for all land divisions, except those exempted by section 17.16A.020 of this title. Records of survey and plats shall meet all requirements of title 50, chapter 13 of the Idaho Code, "Plats And Vacations" 1 , as amended, and all requirements of chapter 17.52 of this title. (Ord. 459-13, 2013)

Lot splits require a class I permit. All lot splits shall comply with the following requirements, in addition to all applicable performance standards of this title:

   A.   Lot splits shall not be used as a means to evade the requirements of this title for subdivisions. The use of multiple lot splits to evade those requirements shall be a violation of this title.

   B.   Any parcel created shall be capable of accommodating a use permitted by this title.

   C.   Any parcel created shall have safe direct access to an existing public street in compliance with the performance standards of this title.

   D.   The county treasurer must certify that all real property taxes due on the parcel being split have been paid.

   E.   Approval of a lot split does not constitute or imply approval of any specific development on the parcel created, but the administrator may combine processing of class I permits for a lot split and the construction or placement of a one- or two-family dwelling on the parcel created. (Ord. 459-13, 2013)

   A.   Master Planning: Any application for a class II permit for a subdivision may be disapproved solely on the basis that it fails to show an overall plan for the development of the entire contiguous holdings of the developer and/or owner. Every lot created shall be capable of accommodating a use permitted by this title.

   B.   Subdivision Of Irrigated Lands: See section 17.48A.010 of this chapter.

   C.   Improvements: The subdivision improvements required by this title shall be provided, at the expense of the developer, as required by chapter 17.68 of this title.

   D.   Property Taxes: The county treasurer must certify that all real property taxes due on the parcel being subdivided have been paid. (Ord. 459-13, 2013)

Mobile home parks which permit short term (less than 1 month) occupancy shall be classified as commercial uses.

   A.   Skirting: All manufactured homes placed in a mobile home park shall be skirted with a matching metal or wood skirting material that has an insulating value of at least R-19.

   B.   Improvements: The mobile park improvements required by this title shall be provided, at the expense of the developer, as required by chapter 17.68 of this title.

   C.   Requirements: All manufactured homes being moved into the city of Ashton or being moved from one lot to another lot require an installation inspection permit. All manufactured homes built prior to June 15, 1976, must have a mobile home compliance rehabilitation certificate through the state of Idaho before it can be occupied. (Ord. 459-13, 2013)