Newdale City Zoning Code

CHAPTER VIII

PERFORMANCE STANDARDS

What this Chapter Does. This chapter establishes the performance standards applicable to land development and building activity in the City of Newdale.

Division 1 - Performance Standards for Maintaining Natural Assets
Water Quality. All developments shall demonstrate continuing compliance with state and federal water quality regulations.
Runoff and Erosion Control. 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 8% will be disturbed, or where a cumulative total of more than 20,000 contiguous square feet of impervious cover will be created. That plan shall:
1. identify runoff and erosion hazard areas on the site;
2. identify areas and facilities, both on and downslope from the site, that are vulnerable to damage from accelerated runoff or erosion;
3. show how the retention of existing vegetation will be maximized and land disturbance minimized;
4. show how existing trees that are to be retained will be protected from damage during construction;
5. 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;
6. show how disturbed areas will be promptly, permanently stabilized by revegetation or structural techniques (revegetation with native plants is encouraged);
7. show how runoff velocities will be minimized and drainageways will be prepared to handle any acceleration or increase of runoff;
8. show how any additional runoff generated will be retained on-site and absorbed, evaporated, or released from the site at a rate not exceeding the pre-development rate of release;
9. show how sediment resulting from accelerated soil erosion will be retained on-site; and
10. 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.
Wetlands. All developments shall demonstrate compliance with state and federal wetlands protection requirements.
Air Quality. All developments shall demonstrate continuing compliance with state and federal air quality regulations.

Division 2 - Performance Standards for Maintaining Agricultural Resources and the Farm Economy
Protecting Irrigation Systems. All developments including or adjoining irrigated lands, or including or adjoining any irrigation works (diversions, headgates, 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 here.
1. Subdivisions shall demonstrate compliance with I.C. 31-3805, as amended, which provides for the approval of subdivisions by irrigation entities (I.C. 31-3805 appears in Appendix F). 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 I.C. 31-3805 are subject to the requirements imposed on other subdivision improvements.
2. No development shall channel stormwater or snowmelt runoff into any irrigation system without written consent of the responsible irrigation entity.
Weed Control. As required by I.C. 22-2471, "It shall be the duty and responsibility of all persons and nonfederal agencies to control noxious weeds on land and property that they own".

Division 3 - Performance Standards for Assuring Land Use Compatibility
Potential Nuisances. All potential nuisances and hazards shall be mitigated by appropriate means.
1. 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 2. 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 roads, the operation of farm machinery, the operation of watercraft, or other sources of noise that are not attributable to a particular development.
  
  Table 2 - Detailed Performance Standards for Noise
  
  receiving use MAXIMUM SOUND LEVEL
  residential 60 dBA, 7:00 A.M. to 10:00 P.M.
  50 dBA, 10:00 P.M. to 7:00 A.M.
  commercial, industrial 70 dBA, any time
  Note: ""dBA" is the measure of sound levels in A-weighted decibels.
  
  TEMPORARY EXCEPTION. The maximum sound levels of Table 2 may be exceeded by temporary construction and maintenance activities, but any excessive noise generated by such activities shall be restricted to the hours between 7:00 A.M. and 10:00 P.M.
2. 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 residential area.
3. Interference. No development shall create electrical interference that adversely affects other uses.
4. Solid Waste.
  1. Solid waste shall be stored in an enclosed building or in approved containers and handled in a manner that does not:
    1. attract rodents, flies, or other animals;
    2. generate odors perceptible beyond the property line or liquid runoff; or iii. permit the blowing of paper and other lightweight waste.
  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.
5. Runoff. No development shall channel stormwater or snowmelt runoff in a way that adversely impacts neighboring properties or public ways. See also Chapter VIII Sec F.2
Hazardous Substances. 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.
Connections. All developments shall be designed to optimize functional connections with adjoining developments, including shared access to arterial roads, shared parking and service access, shared buffers and open space, and shared pedestrian circulation.
Manufactured Homes.
1. 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 (1C. 44-2201, et seq. - reproduced as Appendix G) and permanently connected to municipal utilities.
2. 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 19.
Division 4 - Performance Standards Assuring Provision of Adequate Public Facilities and Services
Municipal Utilities. All developments and all lots or parcels within a development shall be connected to the city's water and sewerage systems.
1. Water and sewerage service shall be extended to all lots before the street surface is constructed.
2. The provision of municipal utilities, including any necessary extension of mains, lift stations, etc., shall be the responsibility of the developer (see Chapter IX on required improvements), but the city may choose to bear the additional costs of constructing larger facilities to prepare for future development.
3. Commercial developments may be required to provide pre-treatment before the wastes they generate enter the city's sewerage system.
Private Utilities.
1. 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.
2. Wherever such service is available, utilities shall be placed underground, with the connections to each lot made before street or road surfaces are constructed.
Utility Easements. 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.
Off-Street Parking and Loading Areas. Off-street parking and loading areas shall be provided as required by Appendix H, including properly drained and gravel driveways. Snow storage shall not be permitted to reduce the size of any required off-street parking or loading area.
Safe Access.
1. Points of access to public roads shall be constructed in compliance with the standards of Appendices H and I. Developments with points of access to a state or federal highway shall obtain approval for those points of access from the Idaho Transportation Department.
2. Developments shall minimize the number of points of access to arterial roads and highways,
3. Developments shall maintain the existing grid pattern of the city's streets, where feasible.
Streets. Safe all-weather road access to all developments and all lots within any development shall be provided by the developer. The design and construction of roads shall be in compliance with the detailed performance standards of Appendix I.
Street Lights. Street lights shall be installed at all intersections, at the developer's expense.
Fire Protection. All applications for Class II permits shall be referred to the Madison or South Fremont Fire Protection Districts for review and comment. If comments are not received before or at the scheduled hearing, it shall be assumed that the district had none. Comments from the fire protection district shall be considered in determining the development's compliance with this ordinance.

Division 5 - Additional Performance Standards for Large Scale Development
Large-Scale Development. 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 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 5,000 square feet of commercial or industrial space.
1. 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 ordinance and may include: off-site runoff and erosion control measures; additional water supplies; additional sewerage system capacity; off-site road 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 acres per thousand population.
2. 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 ordinance. 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.
3. 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.
Division 6 - Additional Performance Standards For Subdivisions And Mobile Home Parks
Plat or Record of Survey Required for All Land Divisions. A record of survey or plat shall be required for all land divisions, except those exempted by Chapter III. Sec C. Records of survey and plats shall meet all requirements of Title 50, Chapter 13 of the Idaho Code "Plats and Vacations" (I.C. 50-1301-1329), as amended, and all requirements of Appendix J.
Lot Splits. 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 ordinance.
1. Lot splits shall not be used as a means to evade the requirements of this ordinance for subdivisions. The use of multiple lot splits to evade those requirements shall be a violation of this ordinance.
2. Any parcel created shall be capable of accommodating a use permitted by this ordinance.
3. Any parcel created shall have safe direct access to an existing public or association-maintained private road, in compliance with the performance standards of this ordinance.
4. The county treasurer must certify that all real property taxes due on the parcel being split have been paid.
5. 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 single family dwelling on the parcel created.
Subdivisions.
1. 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 ordinance.
2. Subdivision of Irrigated Lands. See Chapter VIII Sec F.
3. Improvements. The subdivision improvements required by this ordinance shall be provided, at the expanse of the developer, as required by Chapter IX.
4. Property Taxes. The county treasurer must certify that all real property taxes due on the parcel being subdivided have been paid.
Mobile Home Parks. Mobile home parks which permit short-term (less than one month) occupancy shall be classified as commercial rather than residential uses.
1. Skirting. All manufactured homes placed in a mobile home park shall be skirted with a matching metal or wood skirting material.
2. Improvements. The mobile park improvements required by this ordinance shall be provided, at the expense of the developer, as required by Chapter IX.

Newdale City Zoning Code

CHAPTER VIII

PERFORMANCE STANDARDS

What this Chapter Does. This chapter establishes the performance standards applicable to land development and building activity in the City of Newdale.

Division 1 - Performance Standards for Maintaining Natural Assets
Water Quality. All developments shall demonstrate continuing compliance with state and federal water quality regulations.
Runoff and Erosion Control. 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 8% will be disturbed, or where a cumulative total of more than 20,000 contiguous square feet of impervious cover will be created. That plan shall:
1. identify runoff and erosion hazard areas on the site;
2. identify areas and facilities, both on and downslope from the site, that are vulnerable to damage from accelerated runoff or erosion;
3. show how the retention of existing vegetation will be maximized and land disturbance minimized;
4. show how existing trees that are to be retained will be protected from damage during construction;
5. 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;
6. show how disturbed areas will be promptly, permanently stabilized by revegetation or structural techniques (revegetation with native plants is encouraged);
7. show how runoff velocities will be minimized and drainageways will be prepared to handle any acceleration or increase of runoff;
8. show how any additional runoff generated will be retained on-site and absorbed, evaporated, or released from the site at a rate not exceeding the pre-development rate of release;
9. show how sediment resulting from accelerated soil erosion will be retained on-site; and
10. 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.
Wetlands. All developments shall demonstrate compliance with state and federal wetlands protection requirements.
Air Quality. All developments shall demonstrate continuing compliance with state and federal air quality regulations.

Division 2 - Performance Standards for Maintaining Agricultural Resources and the Farm Economy
Protecting Irrigation Systems. All developments including or adjoining irrigated lands, or including or adjoining any irrigation works (diversions, headgates, 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 here.
1. Subdivisions shall demonstrate compliance with I.C. 31-3805, as amended, which provides for the approval of subdivisions by irrigation entities (I.C. 31-3805 appears in Appendix F). 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 I.C. 31-3805 are subject to the requirements imposed on other subdivision improvements.
2. No development shall channel stormwater or snowmelt runoff into any irrigation system without written consent of the responsible irrigation entity.
Weed Control. As required by I.C. 22-2471, "It shall be the duty and responsibility of all persons and nonfederal agencies to control noxious weeds on land and property that they own".

Division 3 - Performance Standards for Assuring Land Use Compatibility
Potential Nuisances. All potential nuisances and hazards shall be mitigated by appropriate means.
1. 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 2. 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 roads, the operation of farm machinery, the operation of watercraft, or other sources of noise that are not attributable to a particular development.
  
  Table 2 - Detailed Performance Standards for Noise
  
  receiving use MAXIMUM SOUND LEVEL
  residential 60 dBA, 7:00 A.M. to 10:00 P.M.
  50 dBA, 10:00 P.M. to 7:00 A.M.
  commercial, industrial 70 dBA, any time
  Note: ""dBA" is the measure of sound levels in A-weighted decibels.
  
  TEMPORARY EXCEPTION. The maximum sound levels of Table 2 may be exceeded by temporary construction and maintenance activities, but any excessive noise generated by such activities shall be restricted to the hours between 7:00 A.M. and 10:00 P.M.
2. 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 residential area.
3. Interference. No development shall create electrical interference that adversely affects other uses.
4. Solid Waste.
  1. Solid waste shall be stored in an enclosed building or in approved containers and handled in a manner that does not:
    1. attract rodents, flies, or other animals;
    2. generate odors perceptible beyond the property line or liquid runoff; or iii. permit the blowing of paper and other lightweight waste.
  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.
5. Runoff. No development shall channel stormwater or snowmelt runoff in a way that adversely impacts neighboring properties or public ways. See also Chapter VIII Sec F.2
Hazardous Substances. 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.
Connections. All developments shall be designed to optimize functional connections with adjoining developments, including shared access to arterial roads, shared parking and service access, shared buffers and open space, and shared pedestrian circulation.
Manufactured Homes.
1. 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 (1C. 44-2201, et seq. - reproduced as Appendix G) and permanently connected to municipal utilities.
2. 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 19.
Division 4 - Performance Standards Assuring Provision of Adequate Public Facilities and Services
Municipal Utilities. All developments and all lots or parcels within a development shall be connected to the city's water and sewerage systems.
1. Water and sewerage service shall be extended to all lots before the street surface is constructed.
2. The provision of municipal utilities, including any necessary extension of mains, lift stations, etc., shall be the responsibility of the developer (see Chapter IX on required improvements), but the city may choose to bear the additional costs of constructing larger facilities to prepare for future development.
3. Commercial developments may be required to provide pre-treatment before the wastes they generate enter the city's sewerage system.
Private Utilities.
1. 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.
2. Wherever such service is available, utilities shall be placed underground, with the connections to each lot made before street or road surfaces are constructed.
Utility Easements. 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.
Off-Street Parking and Loading Areas. Off-street parking and loading areas shall be provided as required by Appendix H, including properly drained and gravel driveways. Snow storage shall not be permitted to reduce the size of any required off-street parking or loading area.
Safe Access.
1. Points of access to public roads shall be constructed in compliance with the standards of Appendices H and I. Developments with points of access to a state or federal highway shall obtain approval for those points of access from the Idaho Transportation Department.
2. Developments shall minimize the number of points of access to arterial roads and highways,
3. Developments shall maintain the existing grid pattern of the city's streets, where feasible.
Streets. Safe all-weather road access to all developments and all lots within any development shall be provided by the developer. The design and construction of roads shall be in compliance with the detailed performance standards of Appendix I.
Street Lights. Street lights shall be installed at all intersections, at the developer's expense.
Fire Protection. All applications for Class II permits shall be referred to the Madison or South Fremont Fire Protection Districts for review and comment. If comments are not received before or at the scheduled hearing, it shall be assumed that the district had none. Comments from the fire protection district shall be considered in determining the development's compliance with this ordinance.

Division 5 - Additional Performance Standards for Large Scale Development
Large-Scale Development. 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 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 5,000 square feet of commercial or industrial space.
1. 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 ordinance and may include: off-site runoff and erosion control measures; additional water supplies; additional sewerage system capacity; off-site road 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 acres per thousand population.
2. 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 ordinance. 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.
3. 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.
Division 6 - Additional Performance Standards For Subdivisions And Mobile Home Parks
Plat or Record of Survey Required for All Land Divisions. A record of survey or plat shall be required for all land divisions, except those exempted by Chapter III. Sec C. Records of survey and plats shall meet all requirements of Title 50, Chapter 13 of the Idaho Code "Plats and Vacations" (I.C. 50-1301-1329), as amended, and all requirements of Appendix J.
Lot Splits. 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 ordinance.
1. Lot splits shall not be used as a means to evade the requirements of this ordinance for subdivisions. The use of multiple lot splits to evade those requirements shall be a violation of this ordinance.
2. Any parcel created shall be capable of accommodating a use permitted by this ordinance.
3. Any parcel created shall have safe direct access to an existing public or association-maintained private road, in compliance with the performance standards of this ordinance.
4. The county treasurer must certify that all real property taxes due on the parcel being split have been paid.
5. 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 single family dwelling on the parcel created.
Subdivisions.
1. 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 ordinance.
2. Subdivision of Irrigated Lands. See Chapter VIII Sec F.
3. Improvements. The subdivision improvements required by this ordinance shall be provided, at the expanse of the developer, as required by Chapter IX.
4. Property Taxes. The county treasurer must certify that all real property taxes due on the parcel being subdivided have been paid.
Mobile Home Parks. Mobile home parks which permit short-term (less than one month) occupancy shall be classified as commercial rather than residential uses.
1. Skirting. All manufactured homes placed in a mobile home park shall be skirted with a matching metal or wood skirting material.
2. Improvements. The mobile park improvements required by this ordinance shall be provided, at the expense of the developer, as required by Chapter IX.

Newdale City Zoning Code

CHAPTER VIII

PERFORMANCE STANDARDS

What this Chapter Does. This chapter establishes the performance standards applicable to land development and building activity in the City of Newdale.

Division 1 - Performance Standards for Maintaining Natural Assets
Water Quality. All developments shall demonstrate continuing compliance with state and federal water quality regulations.
Runoff and Erosion Control. 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 8% will be disturbed, or where a cumulative total of more than 20,000 contiguous square feet of impervious cover will be created. That plan shall:
1. identify runoff and erosion hazard areas on the site;
2. identify areas and facilities, both on and downslope from the site, that are vulnerable to damage from accelerated runoff or erosion;
3. show how the retention of existing vegetation will be maximized and land disturbance minimized;
4. show how existing trees that are to be retained will be protected from damage during construction;
5. 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;
6. show how disturbed areas will be promptly, permanently stabilized by revegetation or structural techniques (revegetation with native plants is encouraged);
7. show how runoff velocities will be minimized and drainageways will be prepared to handle any acceleration or increase of runoff;
8. show how any additional runoff generated will be retained on-site and absorbed, evaporated, or released from the site at a rate not exceeding the pre-development rate of release;
9. show how sediment resulting from accelerated soil erosion will be retained on-site; and
10. 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.
Wetlands. All developments shall demonstrate compliance with state and federal wetlands protection requirements.
Air Quality. All developments shall demonstrate continuing compliance with state and federal air quality regulations.

Division 2 - Performance Standards for Maintaining Agricultural Resources and the Farm Economy
Protecting Irrigation Systems. All developments including or adjoining irrigated lands, or including or adjoining any irrigation works (diversions, headgates, 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 here.
1. Subdivisions shall demonstrate compliance with I.C. 31-3805, as amended, which provides for the approval of subdivisions by irrigation entities (I.C. 31-3805 appears in Appendix F). 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 I.C. 31-3805 are subject to the requirements imposed on other subdivision improvements.
2. No development shall channel stormwater or snowmelt runoff into any irrigation system without written consent of the responsible irrigation entity.
Weed Control. As required by I.C. 22-2471, "It shall be the duty and responsibility of all persons and nonfederal agencies to control noxious weeds on land and property that they own".

Division 3 - Performance Standards for Assuring Land Use Compatibility
Potential Nuisances. All potential nuisances and hazards shall be mitigated by appropriate means.
1. 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 2. 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 roads, the operation of farm machinery, the operation of watercraft, or other sources of noise that are not attributable to a particular development.
  
  Table 2 - Detailed Performance Standards for Noise
  
  receiving use MAXIMUM SOUND LEVEL
  residential 60 dBA, 7:00 A.M. to 10:00 P.M.
  50 dBA, 10:00 P.M. to 7:00 A.M.
  commercial, industrial 70 dBA, any time
  Note: ""dBA" is the measure of sound levels in A-weighted decibels.
  
  TEMPORARY EXCEPTION. The maximum sound levels of Table 2 may be exceeded by temporary construction and maintenance activities, but any excessive noise generated by such activities shall be restricted to the hours between 7:00 A.M. and 10:00 P.M.
2. 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 residential area.
3. Interference. No development shall create electrical interference that adversely affects other uses.
4. Solid Waste.
  1. Solid waste shall be stored in an enclosed building or in approved containers and handled in a manner that does not:
    1. attract rodents, flies, or other animals;
    2. generate odors perceptible beyond the property line or liquid runoff; or iii. permit the blowing of paper and other lightweight waste.
  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.
5. Runoff. No development shall channel stormwater or snowmelt runoff in a way that adversely impacts neighboring properties or public ways. See also Chapter VIII Sec F.2
Hazardous Substances. 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.
Connections. All developments shall be designed to optimize functional connections with adjoining developments, including shared access to arterial roads, shared parking and service access, shared buffers and open space, and shared pedestrian circulation.
Manufactured Homes.
1. 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 (1C. 44-2201, et seq. - reproduced as Appendix G) and permanently connected to municipal utilities.
2. 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 19.
Division 4 - Performance Standards Assuring Provision of Adequate Public Facilities and Services
Municipal Utilities. All developments and all lots or parcels within a development shall be connected to the city's water and sewerage systems.
1. Water and sewerage service shall be extended to all lots before the street surface is constructed.
2. The provision of municipal utilities, including any necessary extension of mains, lift stations, etc., shall be the responsibility of the developer (see Chapter IX on required improvements), but the city may choose to bear the additional costs of constructing larger facilities to prepare for future development.
3. Commercial developments may be required to provide pre-treatment before the wastes they generate enter the city's sewerage system.
Private Utilities.
1. 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.
2. Wherever such service is available, utilities shall be placed underground, with the connections to each lot made before street or road surfaces are constructed.
Utility Easements. 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.
Off-Street Parking and Loading Areas. Off-street parking and loading areas shall be provided as required by Appendix H, including properly drained and gravel driveways. Snow storage shall not be permitted to reduce the size of any required off-street parking or loading area.
Safe Access.
1. Points of access to public roads shall be constructed in compliance with the standards of Appendices H and I. Developments with points of access to a state or federal highway shall obtain approval for those points of access from the Idaho Transportation Department.
2. Developments shall minimize the number of points of access to arterial roads and highways,
3. Developments shall maintain the existing grid pattern of the city's streets, where feasible.
Streets. Safe all-weather road access to all developments and all lots within any development shall be provided by the developer. The design and construction of roads shall be in compliance with the detailed performance standards of Appendix I.
Street Lights. Street lights shall be installed at all intersections, at the developer's expense.
Fire Protection. All applications for Class II permits shall be referred to the Madison or South Fremont Fire Protection Districts for review and comment. If comments are not received before or at the scheduled hearing, it shall be assumed that the district had none. Comments from the fire protection district shall be considered in determining the development's compliance with this ordinance.

Division 5 - Additional Performance Standards for Large Scale Development
Large-Scale Development. 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 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 5,000 square feet of commercial or industrial space.
1. 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 ordinance and may include: off-site runoff and erosion control measures; additional water supplies; additional sewerage system capacity; off-site road 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 acres per thousand population.
2. 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 ordinance. 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.
3. 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.
Division 6 - Additional Performance Standards For Subdivisions And Mobile Home Parks
Plat or Record of Survey Required for All Land Divisions. A record of survey or plat shall be required for all land divisions, except those exempted by Chapter III. Sec C. Records of survey and plats shall meet all requirements of Title 50, Chapter 13 of the Idaho Code "Plats and Vacations" (I.C. 50-1301-1329), as amended, and all requirements of Appendix J.
Lot Splits. 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 ordinance.
1. Lot splits shall not be used as a means to evade the requirements of this ordinance for subdivisions. The use of multiple lot splits to evade those requirements shall be a violation of this ordinance.
2. Any parcel created shall be capable of accommodating a use permitted by this ordinance.
3. Any parcel created shall have safe direct access to an existing public or association-maintained private road, in compliance with the performance standards of this ordinance.
4. The county treasurer must certify that all real property taxes due on the parcel being split have been paid.
5. 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 single family dwelling on the parcel created.
Subdivisions.
1. 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 ordinance.
2. Subdivision of Irrigated Lands. See Chapter VIII Sec F.
3. Improvements. The subdivision improvements required by this ordinance shall be provided, at the expanse of the developer, as required by Chapter IX.
4. Property Taxes. The county treasurer must certify that all real property taxes due on the parcel being subdivided have been paid.
Mobile Home Parks. Mobile home parks which permit short-term (less than one month) occupancy shall be classified as commercial rather than residential uses.
1. Skirting. All manufactured homes placed in a mobile home park shall be skirted with a matching metal or wood skirting material.
2. Improvements. The mobile park improvements required by this ordinance shall be provided, at the expense of the developer, as required by Chapter IX.

receiving use	MAXIMUM SOUND LEVEL
residential	60 dBA, 7:00 A.M. to 10:00 P.M. 50 dBA, 10:00 P.M. to 7:00 A.M.
commercial, industrial	70 dBA, any time