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12.21.2023 City Council Packet AMMON CITY COUNCIL AGENDA P UBLIC COMMENT Upcoming Events: Ammon City Council 12.21.2023Page 1 of 113 Ammon City Council 12.21.2023Page 2 of 113 Ammon City Council 12.21.2023Page 3 of 113 Ammon City Council 12.21.2023Page 4 of 113 Ammon City Council 12.21.2023Page 5 of 113 Ammon City Council 12.21.2023Page 6 of 113 Ammon City Council 12.21.2023Page 7 of 113 Ammon City Council 12.21.2023Page 8 of 113 Ammon City Council 12.21.2023Page 9 of 113 Ammon City Council 12.21.2023Page 10 of 113 Ammon City Council 12.21.2023Page 11 of 113 Ammon City Council 12.21.2023Page 12 of 113 Ammon City Council 12.21.2023Page 13 of 113 PublicHearing#2023-031 CITYOFAMMON NOTICEOFPUBLICHEARING THURSDAY,DECEMBER21,2023AT7:00P.M. TheAmmonCityCouncilwillholdapublichearingonThursday,December21,2023,at7:00p.m.tohear commentsonarevisedCityFeeResolution,ResolutionNo.2023-013R.ExhibitAtothisnoticeincludesall proposednewfeesandanyfeesincreasedbymorethan5%.Thefeeresolutionalsoestablishesfeepoliciesfor administrationofthefeeresolution. Formoreinformationonspecificfeesandamounts,pleasecontactAmmonCityHallat208-612-4000or visit2135SouthAmmonRoad,Ammon,Idaho,83406. AmmonCityHallisaccessibletopersonswithdisabilities.Anyonedesiringaccommodationsfor disabilities,pleasecalltheCityClerk’sofficeat208-612-4010atleast48hourspriortothehearing. PleaserefertoExhibitAbelowforproposednewfees: KristinaBuchan,CityClerk EXHIBITA NewFeesorFeesIncreasedby5%ormore: AmendedSectionofNewFeeor FeeAmount FeeResolutionPercentageIncrease Section8-B.3LawEnforcementContributionFee-$0.53/squareNew CommercialRetailfoot Section8-B.3LawEnforcementContributionFee-$0.82/squareNew CommercialOfficefoot Section8-B.3LawEnforcementContributionFee-$0.40/squareNew CommercialIndustrialfoot Section8-B.3LawEnforcementContributionFee-$0.72/squareNew CommercialInstitutionalfoot Section5-J.2TrashContainerCleaningFee$25.0025% Section6-H.2.aMobilizationFee$3000.00200% Section6-H.2.bDrilling$40.00/ft33.3% Section6-H.2.cSplicing$30.00/fiber350% strand Section6-H.2.dPersonnel$80/hour33.3 Section6-H.2.eMaterials300%200% Section6-H.2.fVacuumExcavation$30050% Ammon City Council 12.21.2023Page 14 of 113 RESOLUTIONNUMBER2023-013 ARESOLUTIONOFTHECITYCOUNCILOFTHECITYOFAMMON,IDAHOREPLACINGANDESTABLISHINGACITYFEE SCHEDULEANDCHARGESFORALLCITYDEPARTMENTSANDESTABLISHINGPOLICIESFORCOLLECTINGFEES WHEREAS,theCityincursadministrativecostsinprocessingapplications,enforcingcodes,administering regulations,maintainingfacilities,monitoringprojectdevelopment,engagingthepublic,reviewingproposals, providingsupport,andconductingrequiredinspections;and WHEREAS,theAmmonMunicipalCodeauthorizestheestablishmentandadoptionoffeestocoverthe administrativecostsofreviewingapplicationsforanyserviceprovidedbytheCityofAmmon;and WHEREAS,eachdepartmentwithintheCityofAmmonorganizationhasquantifiedthecostsofprocessing andadministeringeachapplicationspecifictothatdepartment; WHEREAS,theCityofAmmonadoptedResolution2018-007Restablishingthefirstcitywidefeeresolution onAugust3,2018; WHEREAS,theCityofAmmonadoptedResolution2019-004R,onMarch7,2019,replacingtheprevious feeresolution; WHEREAS,Resolution2019-014RadoptedonOctober3,2019replacedthepreviousfeeresolution; WHEREAS,Resolution2020-004RadoptedonApril2,2020replacedthepreviousfeeresolution; WHEREAS,Resolution2020-011RadoptedonOctober15,2020replacedthepreviousfeeresolution; WHEREAS,Resolution2021-002RadoptedonFebruary18,2021replacedthepreviousfeeresolution; WHEREAS,Resolution2021-012RadoptedonSeptember16,2021replacedthepreviousfeeresolution; WHEREAS,Resolution2022-001RadoptedonApril7,2022replacedthepreviousfeeresolution; WHEREAS,Resolution2022-007RadoptedonSeptember15,2022replacedthepreviousfeeresolution; WHEREAS,Resolution2023-001RadoptedonMay18,2023replacesthepreviousfeeresolution; WHEREAS,Resolution2023-009RadoptedonNovember2,2023replacesthepreviousfeeresolution; WHEREAS,Resolution2023-013RadoptedonDecember21,2023replacesthepreviousfeeresolution; WHEREAS,theeffectivedateofthisresolutionshallbeDecember21,2023;and NOW,THEREFORE,BEITRESOLVEDbytheMayorandtheCityCouncilofAmmon,IdahothattheCity Councilherebyrescindsallexistingfeeschedulesestablishedandadoptedpriortotheeffectivedateofthis resolutionintheirentiretyandestablishesacomprehensivefeescheduleforallcityfeesinthesectionsprovided belowinthisresolution. 1 Ammon City Council 12.21.2023Page 15 of 113 CityFeeResolution2023-013 SECTION1:B UILDING D EPARTMENT F EES SECTION1-ABUILDINGANDPLANCHECKFEES BuildingPermitFee ValueFromValueTo:BaseFeeFortheFirstPlusForEachAdditional $1$500$27.00 $501$2,000$29.00$501$1.50$100 $2,001$25,000$54.50$2,001$9.00$1,000 $25,001$50,000$262.50$25,001$7.50$1,000 $50,001$100,000$446.00$50,001$5.50$1,000 $100,001$718.00$100,001$3.50$1,000 PlanReviewFees BuildingCodePlanReviewforCommercialProjects65%ofBuildingPermitFee BuildingCodePlanReviewforResidentialProjects10%ofBuildingPermitFee PlanningandZoningCodeReview:10%ofBuildingPermitFee ResidentialValuationShallBe ResidenceEachFloor$120.00persquarefoot FinishedBasement$25.00persquarefoot UnfinishedBasement$10.00persquarefoot CrawlSpace$5.00persquarefoot Decks$5.00persquarefoot CoveredPatio$10.00persquarefoot Carport$10.00persquarefoot ShedÖßã­Þށf„ ƒˆY„fkzz‡½xzkzˆxdY‡nzxz„ vYa Garage/ShedÖàß­Þށf„ ƒˆY„fkzz‡½Žn‡mkzˆxdY‡nzx Hourlyrate$60.00withaonehourminimum CommercialValuationShallBe: ContractPriceorbuildingvaluationbasedonBuildingSafetyJournalsquarefootcosttable,whicheverisgreater. Buildingpermitvaluationshallincludethetotalvalueoftheworkforwhichapermitisbeingissued,includingmaterials andlabor.Thebuildingofficialmayrequiredocumentationofthebuildingpermitvaluationasnecessarytoensure correctvaluationoftheproject. OTHERINSPECTIONSANDFEES: 2 1.Inspectionsoutsideofnormalbusinesshours(minimumcharge--twohours):$60perhour 2 2.Re-inspectionfeesassessedunderprovisionsofSection109.7:$60perhour 2 3.Inspectionsforwhichnofeeisspecificallyindicated:$60perhour (minimumcharge--one-halfhour) 2 4.Additionalandpartialinspectionsabovetheminimumrequiredbythebuildingcodesmaybecharged:$60perhour ÂwnxnwˆwbmY„lf¾zxfmzˆ„à 2 5.Additionalplanreviewrequiredbychanges,additionsorrevisionstoplans:$60perhour (minimumcharge--one-halfhour) 2 6.AdditionalcostsincurredbytheCityforsecurityagreementsandothersimilarprocesses(minimumcharge):$100 3 7.Foruseofoutsideconsultantsforplancheckingandinspections,orboth:Actualcosts 8.Penaltyforcommencementofworkwithoutabuildingpermit:$500 (inadditiontostopworkorderandviolationfeesallowedforinAmmonMunicipalCode,Section15.04.030) 9.Deferredsubmittals,pereachsubmittal:25%ofPlanreviewfee 10.TemporaryCertificateofOccupancy(non-refundable):$1,000 11.AlternativeEnergySystemInstallation:1%ofprojectvaluationwithaminimumfeeof$120.00. 5 11.DemolitionFee:$50 12.FailuretoPayforPermitFee:AfterreceivingwrittenfromtheCity,failuretosendapplicationrequiredfeewithin14 daysofthenoticewillresultintheassessmentofa$500fee. 13.OccupyingStructurePriortoIssuanceofaCofO-Commercial:$1,000plus$200foreachdayafterthefirstday. 14.OccupyingStructurePriortoIssuanceofaCofO-Residentiall:$500plus$200foreachdayafterthefirstday. 2 Ammon City Council 12.21.2023Page 16 of 113 CityFeeResolution2023-013 SECTION1-B:BUILDINGPERMITANDREVIEWFEEPOLICIES BuildingCodePlanReviewFees.WhensubmittaldocumentsarerequiredbytheInternationalBuildingCode, Section105andtheInternationalResidentialCode,Section105,abuildingcodeplanreviewfeeshallbepaidatthe timeofsubmittingthedocumentsforplanreview.Saidplanreviewfeeshallbesixty-five(65)percentofthe buildingpermitfeeasshowninTable1-A. TheplanreviewfeesspecifiedareseparatefeesfromthepermitfeesspecifiedintheInternationalBuildingCode, Section109.2andtheInternationalResidentialCode,Section108.2andareinadditiontothepermitfees. Feesforre-roofs. -ResidentialRe-RoofFee:1%oftheContractPriceassubmittedbytheroofingcontractorowner,notto exceed$100. -CommercialRe-RoofFee:Afullbuildingpermitfeeandaten(10)percentplancheckfeeshallberequired forallcommercialre-roofpermits.NoFireDepartmentplancheckfeeandnoPlanningDepartmentplan checkfeeshallberequiredforre-roofing.However,whenare-roofofotherthanaone-ortwo-family dwellingincludesnewstructuralelementsthatchangetheroof,includingbutnotlimitedtotheaddition ofcoldroofsleepers,afullpermitshallberequiredandallplancheckfeesshallbeassessed. Feesforrepairs.Repairsofallelementsforwhichabuildingpermitisnotspecificallyexcludedshallrequirea permit.Feesforrepairworkshallbethefullbuildingpermitfeebasedonthecostoftherepairworkandaten(10) percentplancheckfee.NoFireDepartmentplancheckfeeandnoPlanningDepartmentplancheckfeeshallbe requiredforrepairs. PlanningDepartmentReview,InspectionandFees.PlanningDepartmentapprovalshallbeobtainedpriorto obtainingabuildingpermit.PlanningDepartmentfeeforplancheckforbuildingshallbeassessedandcollectedby theBuildingDepartmentatthetimeofapplicationforapermit. FireDepartmentReview.FireDepartmentapprovalshallbeobtainedpriortoobtainingabuildingpermit.Aplan checkfeefortheFireDepartmentreviewshallbeinaccordancewiththeFireDepartmentfeescheduleasenacted byseparateresolutionsandordinancesbutshallbeassessedandcollectedbytheBuildingDepartmentatthetime ofapplicationforapermit. Incompleteconstructiondocuments.Whensubmittaldocumentsareincompleteorchangedsoastorequire additionalplanrevieworwhentheprojectinvolvesdeferredsubmittalitemsasdefinedintheInternational BuildingCode,Section107andtheInternationalResidentialCode,Section106,anadditionalplanreviewfeeshall bechargedattherateshowninTable1-A. IssuanceofaBuildingPermit.Abuildingpermitshallbeissuedonceallrequireddocumentshavebeenreceived andallplanreviewshavebeencompletedandapproved.TheBuildingOfficial,ortheirdesignee,shallsignthe BuildingPermit.Alltimelinesandschedulingrequirementsbeginonthisdate. PaymentofFees.Onapplicationforapermitapplicantshallpayonehundred(100)percentofallpermit,plan check,fireplancheck,andplanningandzoningplancheckfees.Allotherfees,includingcontributionfeesandany feespaidin-lieuofactualimprovementsorrequirementsshallbepaidwhenthebuildingpermitisissuedoras requiredbyadevelopmentagreementapprovedbytheCityCouncil. PenaltyforCommencementofWorkwithoutaBuildingPermit.Thispenaltyshallbeassessedinadditiontostop workorderandviolationfeesallowedforinAmmonMunicipalCode,Section15.04.030. *zwwfxbfwfx‡zkTz„un dfknxfdY ª°6xn‡nY‡nzxzkYxz„‡nzxzkYx ‡„ˆb‡ˆ„Yvfvfwfx‡ zkYx„ztfb‡„fƒˆn„nxl Yf„wn‡­± TemporaryCertificateofOccupancy.ATemporaryCertificateofOccupancyshallbeissuedinrarecircumstances andonlyforprojectsthatmeetalllifesafetyandstructuralrequirementsasdictatedbythefamilyofinternational buildingcodes,asapplicabletotheproject.ATemporaryCertificateofOccupancyshallbevalidfornomorethan fourteen(14)daysfromthedateofissuance,atwhichtimetheprojectmustobtainapermanentCertificateof OccupancyorpaythefeeforanadditionalTemporaryCertificateofOccupancy. 3 Ammon City Council 12.21.2023Page 17 of 113 CityFeeResolution2023-013 BondingPermittedforIncompleteImprovements.InlieuofaTemporaryCertificateofOccupancy,andatthesole discretionoftheBuildingOfficial,a200%bondforthevalueofanyunfinishedimprovementssuchas,butnot limitedto,Citysidewalks,driveways,landscaping,parkinglotsurfacingandstriping,orothersimilarunfinished itemslocatedexternaltothestructuremaybesubmittedtotheCityofAmmon,providedthatalllifesafetyand structuralrequirementsasdictatedbythefamilyofinternationalbuildingcodeshavebeencompletedonthe structure. FeeRefunds.TheBuildingOfficialmayauthorizerefundingofanyfeepaidhereunderwhichwaserroneouslypaid orcollected. TheBuildingOfficialmayauthorizetherefundingofeighty(80)percentofthepermitfeesandthevariousplan reviewfees.Therefundfeeshallbe20%ofthevalueofthepermitfeeor$15.00,whicheverisgreater.The applicantforabuildingpermitmustrequestarefundinwritingonorbeforetheone-yearanniversaryofthedate theapplicationforapermitwascompleted. Fine(s)forOccupancyofaStructurepriortoIssuanceofaCertificateofOccupancy -CommercialStructures-Afineof$1000.00forcommercialbuildingswillbeassessedifthebuildingis occupiedwithoutacertificateofoccupancy.Anadditionalfineof$200.00perdaywillbeassessedfor eachdaythebuildingisoccupiedwithoutacertificateofoccupancyanduntilpaymentofthefineismade. Allfinesshallbepaidpriortoissuanceofanycertificateofoccupancy. -ResidentialStructures-Afineof$500.00forresidentialbuildingswillbeassessedifthebuildingis occupiedwithoutacertificateofoccupancy.Anadditionalfineof$200.00perdaywillbeassessedfor eachdaythebuildingisoccupiedwithoutacertificateofoccupancyanduntilpaymentofthefineismade. Allfinesshallbepaidpriortoissuanceofanycertificateofoccupancy. 4 Ammon City Council 12.21.2023Page 18 of 113 CityFeeResolution2023-013 SECTION1-C:ELECTRICALPERMITSCHEDULEFEES ElectricalPermitFees: a.TemporaryConstructionServicesOnly:$60.00for200ampsorless,onelocation. a­?fŽKf ndfx‡nYv½Lnxlvf3Ywnv,Žfvvnxl:Includeseverythingcontainedwithintheresidentialstructure andattachedgarageatthesametime. 1. Inspections SquareFootagePermitFeeIncluded 0-1500$160.003 1501-2500$190.003 2501-3500$250.004 3501-4500$310.005 $310.00+$60foreach 4501andupadditional1,000squarefeet6 orportionthereof à­Af„âÞÞYw f„nbf ff°A‡mf„6x ‡YvvY‡nzx ± *Additionalinspectionschargedatrequestedinspectionrateof$60.00perhour. b­?fŽKf ndfx‡nYv½>ˆv‡nvf3Ywnv,Žfvvnxl 1.ÖàßÞ½dˆvfYY„‡wfx‡ 2.Threeormoreunits$120eachbuilding plus$60eachunit. d.ExistingResidential: 1.$60.00 plus$10foreachadditionalbranchcircuit à­3z„ˆxY‡‡Ybmfd ‡„ˆb‡ˆ„f ff°A‡mf„6x ‡YvvY‡nzx ± e.ResidentialSpas,HotTubs,HydroMassageTubs,SwimmingPools: 1.Basicfee plus$60.00groundinggridwhereapplicable à­A‡mf„‡mYx„f ndfx‡nYv ff°A‡mf„6x ‡YvvY‡nzx ± f.ResidentialElectricCentralSystemsHeatingand/orCooling:$60.00whenNOTpartofanewresidential permit,andnoadditionalwiring. g.Modular,ManufacturedorMobileHomes: 1.$60.00basicfee plus$10foreachadditionalcircuit 2.MobileHomeandRVParksdistributionwiringincludingpedestal,serviceconductorsandlot ˆv‡znxdnndˆYvˆxn‡ ff°A‡mf„6x ‡YvvY‡nzx ± h.OtherInstallationsIncludingIndustrialandCommercial:Wiringnotspecificallycoveredbyanyofthe abovefeeschedules.Feetobebasedonthecostofalllabor,materialsandequipmentinstalledaspartof thewiringsystem. 1.Costupto$2,000=$60 plus 3%oftotalwiringcosts 2.Costs$2,001to$10,000=$100 plus 2%ofwiringcostbetween$2,001and$10,000 3.Costs$10,000to100,000=$260 plus 1%oftheportionofwiringcostsover$10,000 4.Costsover$100,000=$1,160 plus½%oftheportionofwiringcostsover100,000 5.FornewMulti-FamilyDwellingunits:SeeNewResidential-MultiFamilyDwellings i.Pumps(Water,DomesticWater,Irrigation,Sewage):EachPump ß­ÖâÞ½3„Yb‡nzxYv‡zàã5H à­ÖäÞ½àä‡zàÞÞ5H á­ÖæÞ½Af„àÞÞ5H â­HmY fnxf„‡f„ Yxd„z‡zmY ffƒˆnwfx‡ ff°A‡mf„6x ‡YvvY‡nzx ± j.Electrically-DrivenIrrigationMachines: 1.$60.00CenterPivot plus$10pertowerordrivemotor 2.Othertypes--$45.00 plus$10permotor(Noadditionalfeerequiredforundergroundfeeder) k.ElectricSignsandOutlineLighting: 1.Signs--$60persign 2.OutlineLighting--$60eachoccupancy l.RequestedInspectionsofExistingWiring: 1.$45.00minimumfor1hourorless 5 Ammon City Council 12.21.2023Page 19 of 113 CityFeeResolution2023-013 2.Over1hour--$60.00 plus$30.00foreach½hourorportioninexcessof1hour,includingtravel time m.Re-inspectionFees 1.$60.00pereachre-inspection n.TemporaryAmusement/IndustryElectricalInspections:Eachtimearide,concessionorgeneratorisset up$60and$10foreachride,concessionorgenerator o.PlanCheckFee: 1.$60.00minimumforone(1)hourorless,plus 2.$30.00foreachone-half(1/2)hourorportionthereofinexcessofone(1)hour,includingtravel time. p.Other:$30.00FeeforPermitsnotclearlygivinglocationofinstallation,eitherbydirectionormaps. r.NoPermit:Failuretosendpermitandrequiredfeeintheprescribedtimewillresultintheassessmentofa doublefee. 6 Ammon City Council 12.21.2023Page 20 of 113 CityFeeResolution2023-013 SECTION1-D:MECHANICALPERMITFEES MECHANICALPERMITFEES: 1.ResidentialSingleandDuplexFamilyDwelling: Inspections SquareFootagePermitFeeIncluded 0-1500$160.003 1501-2500$190.003 2501-3500$250.004 3501-4500$310.005 $310.00+$60foreach 4501andupadditional1,000squarefeet6 orportionthereof 2.DecorativeGasFireplaces 1.$50.00perfireplaceunit(includesallinspections) 3.ReplacementorAdditiontoExistingResidential: 1.Thirtydollar($30.00)basepermitfee plus aninspectionfeeoffiftydollars($50.00)forthefirst furnace,furnace-airconditioner,evaporativecooler,unitheater,spaceheater,decorative gas-firedappliance,incinerator,waterheater,boiler,poolheater,andsimilarfixturesor appliances,plus 2.Twentydollars($20.00)foranyadditionalfurnace,furnace-airconditioner,evaporativecooler, unitheater,spaceheater,decorativegas-firedappliance,incinerator,waterheater,boiler,pool heater,andsimilarfixturesorappliances.Feesincludeducts,ventsandfluesattachedthereto. 3.Twentydollars($20.00)forthefirstexhaustorventilationductsuchasdryervents,rangehood vents,cookstovevents,bathfanvents,andsimilarexhaustandventilationducts,plus 4.Tendollars($10.00)foranyadditionalexhaustandventilationducts. 5.Twentydollars($20.00)forthefirstfixtureorapplianceoutletofthefuelgaspipingsystem,plus 6.Tendollars($10.00)foranyadditionaloutletsofthefuelgaspipingsystem. 4.MultipleFamily,Commercial,Institutional,IndustrialandallotherInstallations: 1.Thirtydollars($30.00)foreachbuilding plus andinspectionfeebaseduponthesellingpriceof thecompletedinstallationincludingequipment,appliances,pipingsystems,materialsandlabor of: 2.Threepercent(3%)ofthefirsttwentythousanddollars($20,000)ofinstalledcost,plus 3.Twopercent(2%)ofthevalueoftheinstallationinexcessoftwentythousanddollars($20,000) throughonehundredthousand($100,000),plus 4.Onepercent(1%)ofthevalueoftheinstallationinexcessofonehundredthousanddollars ($100,000)throughtwohundredthousanddollars($200,000) 5.One-Halfpercent(1/2%)ofthevalueofthejobinexcessof$200,000. 5.PlanCheckandTechnicalServices: 1.Re-inspection:Thecostofre-inspectionshallbe$45.00. 2.PlanCheckFee:$50.00minimumforone(1)hourorless.Overone(1)hour,$50.00 plus$25.00 foreachone-half(1/2)hourportionsthereof. 3.TechnicalServices:$50.00minimumforone(1)hourorless.Overone(1)hour,$50.00 plus $25.00foreachone-half(1/2)hourportionsthereof. 4.NoPermit:Failuretosecureapermitpriortobeginningworkwillresultintheassessmentofa doublefee. 7 Ammon City Council 12.21.2023Page 21 of 113 CityFeeResolution2023-013 SECTION1-E:PLUMBINGPERMITFEES PlumbingPermitFees 1.Residential:Toincludeallsinglefamilydwellings,Apartments,Condominiums,TownHouses,and/or MultipleLivingUnits:EachLivingUnitinanApartment,Condominium,TownHouse,forother MultipleLivingUnitshallrequirearesidentialpermitfeeforeachLivingUnit. Inspections SquareFootagePermitFeeIncluded 0-1500$160.003 1501-2500$190.003 2501-3500$250.004 3501-4500$310.005 $310.00+$60foreach 4501andupadditional1,000squarefeet6 orportionthereof 1.Separatepermitsarerequiredforallresidentialsewerandwaterservicelineinstallationsasper sectionh. a.ReplacementorAdditiontoExistingResidential: 1.PermitFee:$30.00 2.InspectionFee:$8.00perfixtureintheplumbingsystemofthebuildingorpremises. 3.Waterheaters:Seemechanicalforwaterheater. b.Non-Residential:ToincludeCommercial,Industrial,andallotherinstallations:Theinspectionfeeslisted inthissectionshallapplytoanyandallplumbinginstallationsnotspecificallymentionedelsewhereinthis schedule.Schools,hospitals,churches,hotelsandmotelsareclassedascommercial.Theplumbingcosts shallbethecosttotheownerofalllaborchargesandallothercoststhatareincurredinorderto completetheinstallationofanyandallplumbingmaterialsandequipmentinstalledaspartofthe plumbingsystem.Foruniformityoffeeswhenlaborisperformed,suchlaborcostsshallbebasedupon themarketvalueofsaidlabor: 1.BasePermitFee:$30.00.Toincludeinspectionofthewaterservicepipetothebuildingand wastedischargepipefromthebuildingiftheworkisdonebythePlumbingcontractorwho permitsthebuildingplumbing. 2.InspectionFee:Basedonthesellingpriceofthecompletedinstallation i.Threepercent(3%)ofthevalueofthejobuptoandincluding$20,000,plus ii.Twopercent(2%)ofthevalueofthejobinexcessof$20,000uptoandincluding$100,000, plus iii.Onepercent(1%)ofthevalueofthejobinexcessof$100,000uptoandincluding$200,000, plus iv.One-Halfpercent(1/2%)ofthevalueofthejobinexcessof$200,000. 3.MinimumPermitFee:$30.00.Appliestoallnewconstructionandtoallremodeloralteration jobs. 4.ReplacementFixtures:$30.00 plus$8.00perfixture.Forreplacementoffixturesinexisting commercialandindustrialbuildings.(waterclosets,sinks,lavatories,etc.) 5.Fixtures:$8.00perunit.Forfixturescommononlytocommercialandindustrial. 6.Separatepermitswillberequiredforsewerandwaterservicelines,ifnotdonebythePlumbing contractordoingthebuildingplumbingpursuanttosectionsi.andk. c.MobileHomes:Eachconnectionorreconnectiontoexistingsewerandwaterstuboutsshallbe$40.00. d.MobileHomeParksand/orRVParks:SewerandwaterservicelinesinMobileHomeParksand/orRV Parksshallbeclassedascommercial.NOTE:Doesnotincludetheconnectionofthemobilehomeas definedinsectiond. 8 Ammon City Council 12.21.2023Page 22 of 113 CityFeeResolution2023-013 e.ResidentialLawnSprinklers:$60.00 pereach back-flowpreventiondevice. f.WaterConditioners:$30.00 plus$8.00perunit. g.ResidentialSewerandWaterServiceLines:$38.00eachor$50.00foracombinationofbothifonlyone (1)inspectionisrequiredandtheworkisdonebythesameindividual. h.SewerandWaterPermitFees:Forexcavatorsorpropertyownersshallbeatthesamerateasresidential orcommercialbasedontheclassificationoftheconstructionproject. i.Non-ResidentialSewerandWaterServiceLines:IfinstalledbysomeoneotherthanthePlumbing Contractorofthebuilding,feesshallbecalculatedatthesamerateasnonresidentialplumbing.And,shall consistofthegreateroftheresidentialrate(sectiong)or: 1.Threepercent(3%)ofthevalueofthejobuptoandincluding$20,000,plus 2.Twopercent(2%)ofthevalueofthejobinexcessof$20,000uptoandincluding$100,000,plus 3.Onepercent(1%)ofthevalueofthejobinexcessof$100,000uptoandincluding$200,000,plus 4.One-Halfpercent(1/2%)ofthevalueofthejobinexcessof$200,000. j.Non-ResidentialLawnSprinklers:Thegreaterof$60.00 plus$8.00foreachback-flowpreventiondevice, or: 1.Threepercent(3%)ofthevalueofthejobuptoandincluding$20,000,plus 2.Twopercent(2%)ofthevalueofthejobinexcessof$20,000uptoandincluding$100,000,plus 3.Onepercent(1%)ofthevalueofthejobinexcessof$100,000uptoandincluding$200,000,plus 4.One-Halfpercent(1/2%)ofthevalueofthejobinexcessof$200,000. k.RequestedInspectionsofExistingPlumbing: 1.$60.00minimumforone(1)hourorless,plus 2.$22.50foreachone-half(1/2)hourorportionthereofinexcessofone(1)hour,includingtravel time. l.Reinspection:$45.00 m.Other:$30.00FeeforPermitsnotclearlygivinglocationofinstallation,eitherbydirectionormaps. n.PlanCheckFee: 1.$30.00minimumforone(1)hourorless,plus 2.$15.00foreachone-half(1/2)hourorportionthereofinexcessofone(1)hour,includingtravel time. p.TechnicalServiceFee: 1.$45.00minimumforone(1)hourorless,plus 2.$22.50foreachone-half(1/2)hourorportionthereofinexcessofone(1)hour. q.NoPermit:Failuretosendpermitandrequiredfeeintheprescribedtimewillresultintheassessmentof adoublefee. 9 Ammon City Council 12.21.2023Page 23 of 113 CityFeeResolution2023-013 SECTION2:P LANNINGAND Z ONING F EES 1 SECTION2-APLANNING&ZONINGFEESCHEDULE APPLICATIONTYPEFEE($) 2 DEVELOPMENTANDSITEPLANREVIEW(GL#10-347-132) Pre-ApplicationReview$150minimum($150/hourafterinitialhour) CommercialSitePlanReview$450 Multi-FamilySitePlanReview$400 ResidentialDevelopmentSitePlanReview$400 ImprovementDrawingsandUtilitiesReview$500 SubdivisionAcceptanceReview$400 FeeforAdditionalOne(1)Reviews(afterthreereviews)$150 SUBDIVISION (GL#10-347-133) PreliminaryPlat$800 FinalPlat$500 3 PUDFeebasedonactualcostofreviewingandprocessing thePUDapplication,astrackedandassessedbytheCity Administrator.Feesareinvoicedtotheapplicantprior 2 tofinalCityCouncilapprovalofthePUD. PlatAmendment$575 AGREEMENTS(GL#10-347-132) StandardDevelopmentAgreement(SDA)$1,100 ConditionalRezoneAgreement(CRA)$1,100 FLOODPLAINDEVELOPMENTPERMITS (GL#10-347-116) FloodplainProjectReview$775 OTHERPERMITS/APPLICATIONS(GL#10-347-134) DesignReview$400 Sign$100 ConditionalUsePermit$500 Variance$400 Appeal$150 Vacation$675 ZoningVerificationRequest$125 LightingDistrict$1,100 CHANGES/AMENDMENTS/ANNEXATIONS(GL#10-347-135) ComprehensivePlanChange$785 ZoningCodeRevision(textamendment)$550 ZoneChangeRequest$550 ResidentialAnnexation$1,200andsubjecttoannexationagreement Annexationover10acres$2,400andsubjecttoannexationagreement CommercialAnnexation$1,200andsubjecttoannexationagreement AmendmenttoDevelopmentAgreement$540 PUBLICATIONSANDNOTICING(GL#10-347-110) AllapplicationsthatrequirepublicnoticingshallpaythefollowingAdmin/PublicationFee:$325+$2.75/mailing feetocoverthecostsofnoticing: NotestoPlanningandZoningFees: 1.BonnevilleCountytaxingdistrictsareexemptfromfeeslistedinSection2-A. 2.Reviewfeesarepaidforthree(3)reviewsofanysubmittedplan.Anadditionalfeeshallbechargedformorethan threereviews. 3.Actualcostofreviewingtheapplicationshallincludeanyexpenseassociatedwithstafftimeincluding,butnotlimited to,salary,benefits,equipment,andtools. 10 Ammon City Council 12.21.2023Page 24 of 113 CityFeeResolution2023-013 SECTION2-B:PLANNINGANDZONINGFEEPOLICIES ApplicationsRequired.CompleteapplicationsforallserviceslistedinTable2-AshallbesubmittedtotheCityof AmmonpriortoanyreviewtakingplacebytheCity.Completeapplicationsshallincludethecompletedapplication form,allinformationandadditionaldocumentsormaterialsrequiredbyordinanceandtheapplicationform, applicationfee,andanyotherinformationasrequiredbyordinanceorbytheCityPlanner,CityEngineer,orCity Administrator.Intheirsolediscretion,theCityPlannerorCityAdministratormayreturnanyapplicationdeemed incomplete. 11 Ammon City Council 12.21.2023Page 25 of 113 CityFeeResolution2023-013 SECTION3:REPEALED(F ORMERLY A MMON F IRE D EPARTMENT F EES) -Forfire/rescuefees,refertothefeescheduleadoptedbytheBonnevilleCountyFireDistrict. SECTION4:P ARKS D EPARTMENT F EES SECTION4-A:PARKSFACILITYRENTALS 1.LEAGUES/FIELDS/SHELTERS/RECRENTALS (PlusSalesTaxWhereApplicable*) )Y faYvv3nfvd ½KflˆvY„LfY zx½=fYlˆf ÖáÞ­ÞÞ¸à¼m„Âz„ÖáÞÞ­ÞÞ¸ßà¼m„ÃÈ (CitySponsoredLeaguesexcluded) )Y faYvv3nfvd ½Mzˆ„xYwfx‡ ÖáÞ­ÞÞ¸à¼m„Âz„ÖáÞÞ­ÞÞ¸ßà¼m„ÃÈ (CitySponsoredLeaguesexcluded) Lˆwwf„)Y faYvv¸Lzk‡aYvv=fYlˆf Â*mnvd„fx¯ ¼*n‡Lzx z„fdà MinorsandMajorsBaseball$95.00perparticipant* T-Ball,CoachPitch,MachinePitch,ModifiedSoftball$45.00perparticipant* FallBaseball/SoftballLeague(allages)$15.00perparticipant* AdultCo-EdKickball$95.00perteam* LateRegistrationFeeforCitySponsored RecreationProgram$50.00perparticipant* BaseballSponsorship$150.00peryear SoftballSponsorship$150.00peryear ReservationofSportsFieldsforNon-City(stripingnotincluded) SponsoredProgram(privateuseorsportpractices)$30.00/2-hr(or$300.00/12-hr)* L‡„nnxl3ff½Lzbbf„3nfvdÖßãÞ­Þށf„„fƒˆf ‡È L‡„nnxl3ff½)Y faYvv¸Lzk‡aYvv3nfvdÖåÞ­Þށf„lYwfÈ ReservationofTennisand/orPickleballCourt(percourt)$30.00/2-hr(or$300.00/12-hr)* ReservationofDedicatedParkSpace(non-sports)$30.00/2-hr(or$300.00/12-hr)* Park/PicnicPavilionReservation$60.00/4-hr* Blockswillbe8:00am-12:00pm;12:30pm-4:30pm; and5:00pm-9:00pm Reserve&MoveinAdditionalPicnicTables$15.00pertable* (Subjecttoavailability) CleanUpfeeforFacilities/Shelters/Pavilionsleftindisrepair$50.00billedtoreservationpartyafter approvalofParks&RecDepartment SECTION4-B:CONCESSIONS 1.AnnualConcessionAgreements(renewableyearly): AnnualConcessionAgreementapplicationsmustbesubmittedandapprovedbytheCityCouncil priortoissuance.TheyshallalsoindemnifytheCityofAmmonandcontainallother requirementsatthediscretionoftheCityCouncil(AnnualContractsshallextendfrom >Yß㽇zLf‡fwaf„ßãíÖàãÞ­ÞÞÈÈ 2.TemporaryLocation/MobileConcessionAgreement$75.00*** SECTION4-C:SWIMMINGPOOL (SalesTaxIncludedWhereApplicable) 1.SwimmingRates Child(3&Under)/Sr.Citizen(60&Older)/Military/Veteran$3.00 Child(4-12)$4.50 Adult(13&Older)$5.50 2.Passes Note:Unlimitedindividualpassesissuedtothecardholderarenon-transferable. PunchPass(10Punches)$45.00(annual) PunchPass(25Punches)$100.00(annual) PunchPass(50Punches)$175.00(annual) PunchPass(75Punches)$225.00(annual) 12 Ammon City Council 12.21.2023Page 26 of 113 CityFeeResolution2023-013 Child(3&Under)/Sr.Citizen(60&Older)/Military/Veteran$90.00(annual) Child(4-12)$110.00(annual) IndividualAdult(13&Older)$125.00(annual) 3.Lessons GroupLesson$48.00per2-weeksessions PrivateLesson$30.00per30-minutesession 4.SwimClubRegistration$150.00 5.SwimmingPoolReservations PoolReservation(private)$195.00per1.5hr(includes2lifeguardsmin.). 6.PoolRentalsItems Noodles/Rings/Balls$0.50 Lifejackets$1.50 7.Sponsorship BanneronPoolFence$1,000.00 SECTION4-D:SPONSORSHIPSANDBOOTHS 1.AmmonDaysBooth Information/CommercialBooth$125.00 LateRegistrationFee$50.00 2.Sponsorships Level1Sponsor$500.00 Level2Sponsor$1,000.00 Level3Sponsor$2,500.00 EventSponsor$4,000.00 PingPongBalls(15balls)$30.00 HotAirBalloonSponsor$1,250.00 3.MoviesinthePark SeasonSponsorship$2,500.00 MovieSponsorship$1,000.00 ½MovieSponsorship$500.00 ¼MovieSponsorship$250.00 4.OtherCityEvents(Non-AmmonDays) Booths$35.00 Level1Sponsor$500.00 TitleSponsor$5,000.00 SECTION4-E:CANCELLATION/REFUNDPOLICY Afterreservationshavebeenmadeforparkandrecreationalactivities,events,programs: Cancellationsofparkfacilities,suchasshelters,aresubjecttoa$25.00fee. Cancellationofsportsprogramsaresubjecttoa$25.00fee. Cancellationsofactivities,events,orprograms$15.00orlesswillresultinforfeitoffullpayment. Therewillbenorefundsafterparkandrecreationalactivities,eventsorprogramshavebegun. WhereintheCityofAmmoncancelsanyparkandrecreationalactivity,eventorprogramdueto scheduling,weather,orlackofparticipation,afullrefundwillbeissuedorcanbeusedasacreditforother activities,eventsorprogramswithinthesamefiscalyear. RefundsmaybeissuedatthesolediscretionoftheCityAdministratorforextenuatingcircumstancesand conditions. *PlusIdahosalestax **Agreementpriceincludesbusinesslicenseandrequiredfireinspectionfee. ***Priceisperevent/location(nottoexceedfour(4)days).MobileFoodVendorlicense(yearlyrenewal)is requiredinadditiontothisagreement. ****Non-Profitgroupswillbeexempt. 13 Ammon City Council 12.21.2023Page 27 of 113 CityFeeResolution2023-013 SECTION4-F:PARKS&RECREATIONDEPARTMENTMISCELLANEOUSPOLICIES 1.LiabilityWaiverandInsuranceRequirements.Whereapplicable,allparticipantsarerequiredtosigna liabilityindemnificationstatementandprovideproofofinsurance. 2.YouthProgramPhotoRelease.Parentorlegalguardianofyouthprogramparticipantsarerequiredtosign aphotoreleasestating:UnlessIdeclineinwritingIalsoauthorizetheCityofAmmon,and/orparties df nlxY‡fda‡mf*n‡zk!wwzxª‡zˆ fwbmnvd¯ mz‡zkz„‡mf„f„zdˆb‡nzxnxYxwYxxf„‡mf*n‡zk Ammondesires,foradvertising,display,audiovisualexhibitionoreditorialuse. SECTION4-G:PARKSCONTRIBUTIONFEESANDPOLICIES 1.ResidentialDetachedDwellingUnit$2,318.00/dwellingunit 2.ResidentialAttachedDwellingUnit$1,086.00/dwellingunit 3.PolicyforAssessmentandCollectionofParksContributionFees. a.Assessment.ParksContributionFeesshallbeassessedatthesolediscretionoftheCityCouncil throughadevelopmentagreementwithaprivatepropertyowner. b.Collection.ParksContributionFeesshallbecollectedaccordingtothedevelopmentagreement. Ifthedevelopmentagreementdoesnotdesignatetimeofcollection,theParksContributionFee shallbecollectedatthetimeabuildingpermitisissuedfortheresidentialdwellingunitsubject tothedevelopmentagreement. 14 Ammon City Council 12.21.2023Page 28 of 113 CityFeeResolution2023-013 SECTION5:P UBLIC W ORKS D EPARTMENT F EES SECTION5-A-STREETFEES 1.RightofWayFees a.RightofWayEncroachmentPermit$50.00 b.Road/StreetCutFee$1,000pertravellane,asdeterminedbyCity Engineer 2.Adopt-a-StreetProgram a.CommunityGroupsorIndividuals$25.00peryear,perstreet b.Business$100.00peryear,perstreet 3.SidewalkInspections a.Commercial/Residential$40forinitialinspection b.Commercial/Residentialreinspection$40pereachadditionalinspection SECTION5-BWATERMETERFEES WATERMETERFEES MeterSizeMetercostRadioReadUnitHandlingTotal 1inchResidential$208.56$157.00$35.50$401.06 1½inchC2Compound,High/LowFlow$1,346.00$157.00$150.00$1,653.00 1½inchT2HighFlow$991.81$157.00$150.00$1,298.81 1½inchR2Residential$540.00$157.00$150.00$847.00 2inchC2Compound,High/LowFlow$1,556.00$157.00$171.00$1,881.00 2inchT2HighFlow$1,047.00$157.00$171.00$1,375.00 2inchR2Residential$758.00$157.00$171.00$1,086.00 3inchC2Compound,High/LowFlow$1,967.00$157.00$212.40$2,336.40 3inchT2HighFlow$1,967.00$157.00$212.40$1,300.40 4inch$2,645.00$157.00$529.00$3,331.00 6inch$4,780.00$157.00$493.70$5,430.70 SECTION5-C:WATERMETERINSTALLATIONPOLICIES 1.WatermeterfeesshallbeassessedaccordingtoSection5-Bofthisfeeresolution,onallnewconnections, changesofuseorsubstantiallyremodeledbuildings/connectionsorasrequiredbytheCityEngineer. 2.Allsingle-familyresidential/townhouse/condominium/mobilehome/manufacturedhome/apartments twounitsorlessperbuildingwillhaveseparatewater/sewerlinesandameterboxwithashutoffgoingto eachlivable/usableunit. 3.Ameterboxperapartmentbuildingofthreeormoreunitsandshutoffperunitwillbeinstalledinall apartments. â­!wf‡f„Žn‡m mˆ‡zkkŽnvvaf„fƒˆn„fdzxYvvn„„nlY‡nzx¸ „nxuvf„  ‡fwzxvvnxf ½bzwwf„bnYv¸ professionalofficespace/churches/seminaries/hotels/motels/assistedlivingcenters/extendedcare facilitiesandschools.(Thelinemustbeaseparatelinedirectlyconnectedtotheirrigation/sprinkler systemandmustnotgothroughanybuildingorstructure). 5.Acommercialmeterwithshutoffwillbeinstalledinallcommercial/professionaloffice space/hotels/motels/assistedlivingcenters/extendedcarefacilities/schoolsperusablespace. ä­!vvwf‡f„ ¸wf‡f„azf Yxd mˆ‡zkk Žnvvaf‡z‡mf*n‡zk!wwzx¯ fbnknbY‡nzx YxdfY nvYbbf navf‡z theCityinthewinterandsummer. 15 Ammon City Council 12.21.2023Page 29 of 113 CityFeeResolution2023-013 SECTION5-D:RESIDENTIALSCHEDULEOFMONTHLYCHARGESFORCITYUTILITYSERVICES RESIDENTIALSCHEDULEOFMONTHLYCHARGESFORCITYUTILITYSERVICES 1.MONTHLYSINGLEFAMILYATTACHED/DETACHED,MOBILEHOME,DUPLEX(perunit):Thefollowing ratesshallbeeffectiveuponissuanceoftheCertificateofOccupancy: AllOtherZonesincludinglotsin ServiceRP/RPA/REZonestheRP/RPAZonesunder10,000 squarefeet 11 MeteredWaterService(12$30.00baserate$30.00permonthbaserate months)$1.00/1,000gallonsusagerate$1.00/1,000gallonsusagerate AdditionalMeteredWaterService$1.00/1,000gallonsusagerate$1.00/1,000gallonsusagerate forlocationwitha12-monthwater service 11 UnmeteredWaterService(12$70.00permonth$50.00permonth months) SeasonalUnmeteredwaterservice$70.00permonth$70.00permonth (May-October)forlocationswith a12monthwaterservice 11 Sewer$50.05$50.05 Sanitation-96GallonContainer$11.00permonth$11.00permonth MonthlyService Sanitation-64GallonContainer$8.00permonth$8.00permonth MonthlyService NOTESTOSECTION5-C 1.TheBaseRatesforwaterandsewerincludethefollowingcharges: -MonthlybasesewerrateisbasedononeERU(equivalentresidentialunit)equalto$50.05,which includesaSewerBondpaymentof$22.00perERU. -WaterBondpaymentis$19.00perconnectionorbusiness. -Sanitationdoesnothaveabondpayment. SECTION5-E:COMMERCIALMETEREDWATERRATES 1.MeteredWaterUsageRate:$1.98per1000gallons 2.Meteredratesincludecommercial/professionaloffice spaces/churches/seminaries/hotels/motels/roominghouses/resthomes/extendedcare facilities/Laundromats/schools/storageunitfacilities/apartment/singlefamilyresidentialunits(3 ormoreunits). 3.HydrantFillPermits i.HydrantFillFeesforasinglefillup: 1.TankerFillupto4,000gallons$25.00perfill 2.TankerFillupto1,000gallons$10.00perfill ii.HydrantFillFeesformultiplefillups 1.MeterissuanceFee:$100.00(nonrefundable) 2.HydrantMeterCheckOutDepositFee:$2,500.00 3.HydrantWaterMeterFee:$5.00/1,000gallons iii.Hydrantfillpermitmustbeobtainedpriortoutilizinganyhydrants.Permitsmaybe purchasedinadvanceandinbulkquantities. 16 Ammon City Council 12.21.2023Page 30 of 113 CityFeeResolution2023-013 SECTION5-F:COMMERCIALSCHEDULEOFMONTHLYCHARGESFORCITYUTILITYSERVICES COMMERCIALSCHEDULEOFMONTHLYCHARGESFORCITYUTILITYSERVICES COMMERCIALCUSTOMERWaterWater(Metered)SewerSanitation (Non-M etered) CONDOMINIUMORAPARTMENT$40.00$45.75minimumfeeor$50.05per$11.00per 2 BUILDINGS3ORMOREUNITSPER perunitthecommercialmeteredERUunit. 1 BUILDING rate,whicheverisgreater. PROFESSIONALOFFICE/INDUSTRIALSPACE n/a$50.05perMustutilize 3 (PB/I&Mzone-5000sq.ft.orunder)assignedEagleRock ERUrateperSanitation. PROFESSIONALOFFICE/INDUSTRIALSPACE n/a customeras 3 (PB/I&Mzone-over5000sq.ft.) assigned. 3 COMMERCIAL/CHURCHES/SEMINARY n/a HOTELS/MOTELS/ASSISTEDLIVING n/a$4.43perroomor 4 CENTERS/EXTENDEDCAREFACILITIES commercialmeteredrate or$45.75minimum, whicheverisgreater. 5 SCHOOLS(PublicorPrivate)n/a$0.33perstudentplusFTE staffpermonthormetered rateor$45.75minimum (whicheverisgreater) WATERLINEFORCOMMERCIAL n/a$1.00perthousandgallonsn/an/a 6 IRRIGATION/SPRINKLERSYSTEMSONLY NOTESTOSECTION5-E 1.Condominiumfacilitieswhichhaveasinglewater/sewerserviceandwhichoperateaninternalprivate water/sewersystemshallmakeasinglepaymenttotheCityforeachindividualunit.Apartmentunitsor officespacesusedwithinthedevelopmentforthepurposeofmanagingormaintainingthefacilitywillbe chargedtheregularrateslistedhereinaboveasperunit. 2.Apartmentcomplexesof9ormoreunitsperbuildingmustutilizeEagleRockSanitation. 3.Chargesshallbemadetoeachbuildingand/ortoeachseparateusablespacewithwaterand/orsewer connectionsorasprovidedbythisresolution. 4.Room/patientcapacitywillbedeterminedontotalpossibleoccupancyatthetimeoffinalconstruction. 5.BasedonperstudentenrollmentasofOctober1stofeachyear. 6.Thelinemustbeaseparatelinedirectlyconnectedtotheirrigation/sprinklersystemandmustnotgothrough anybuildingorstructure.Appliestocommercial/professionalofficespaces/churches/seminaries /hotels/motels/roominghouses/resthomes/extendedcarefacilities/Laundromats/schools/storageunit facilities/apartmentbuildingsof3ormoreunitsperbuildingandresidentialsubdivisiongreenspace landscaping.Thereshallbenominimummonthlyrate.Allbillingsshallbebaseduponactualmeterreading. SECTION5-G:METEREDFEEPOLICIES(RESIDENTIALANDCOMMERCIAL) 1.EqualPay.Equalpayhasbeendiscontinueduntilfurthernotice. 2.OptiontoUseSurfaceIrrigation.Allcustomershavetheoptionofutilizingsurfacewaterfor outsideirrigationbutmusthaveallsprinklersystemsinspectedbythePublicWorksDepartment forcrosscontaminationstandards.Inspectionsshallbeconductedannuallyandfeesshallbepaid onanhourlybasisatarateof$50.00perhour. 17 Ammon City Council 12.21.2023Page 31 of 113 CityFeeResolution2023-013 3.OptionalTestPeriodforUnmeteredCustomers.AftertheeffectivedateofthisFeeResolution, anyunmeteredcustomersthatbecomemeteredcustomerswillhavetheoptionofuptoatwelve (12)monthTestPeriodduringwhichtimetheywillbechargedtheestablishedunmeteredratefor theirproperty,accordingtoSection5-C.CustomersrequestingaTestPeriodmustdoso affirmativelyinwritingtotheCityofAmmonwithinten(10)businessdaysofinstallationofa meteronaformprovidedbytheCityofAmmon.IfacustomerdoesnotrequestanOptionalTest Period,theestablishedmeteredwaterrateshallapplyafterthemeteredisinstalled. 4.BillAdjustments.AtthediscretionoftheCityAdministratorortheirdesignee(s),waterfeesmay beadjustedonacase-by-casebasis,providedthecustomerrequestsanadjustmentinwriting andprovidesreasonsfortheirrequest.Forrequestsgreaterthan$250,theCityAdministrator maydesignateanAdjustmentCommitteeofnolessthanthreecityemployeesfordetermining billadjustments. 5.AssistanceFund.TheCityofAmmonmayacceptvoluntaryfundsthataredesignatedfor assistancetoutilitycustomersthatrequestbilladjustments. SECTION5-H:UTILITYDEPOSITS 1.Residential*$150.00 2.ResidentialSanitationOnlyAccounts*$60.00 3.Apartments*$150.00perunit($1,000.00maximum) 4.Commercial/ProfessionalOfficeSpace*$300.00(5,000sq.ft.orunder) 5.Commercial/ProfessionalOfficeSpace*$500.00(over5,000sq.ft.&under10,000sq.ft.) 6.Commercial/ProfessionalOfficeSpace*$1,000.00(over10,000sq.ft.) *Depositsshallbeappliedtoutilityaccountstobeusedforfuturebillingaftertwelve(12)consecutivemonthsof currentpaymentsoruponclosingofaccounts.Thedepositrefundshallbefirstappliedtoanybalanceowedwith theremaindertoberefunded. SECTION5-I:DISCONNECT/RECONNECT/TERMINATIONFEES 1.$150.00InvoluntaryWaterDisconnect,includingreconnect.Thisfeeischargedfordelinquentaccounts. 2.$50.00SanitationServiceInvoluntaryTerminationandInvoluntaryReinstatement(NOvoluntary terminationallowed). 3.$20.00perNoticeChargeforissuingadoorhangerforInvoluntarywaterdisconnectionorinvoluntary Sanitationcartpickup. 4.Voluntarydisconnectionofservicesisnotpermitted. SECTION5-J:ADDITIONALSANITATIONREGULATIONS 1.Special/AdditionalTrashPickups.Special/additionalresidentialpickupsmayberequestedatan additionalchargeof$10.00perpickuppercontainer. 2.AdditionalResidentialContainers.Additionalresidentialcontainer(s)mayberequestedandterminated, inwriting,atCityHall.Therewillbeanadditionalfeeof$15.00permonthperresidentialcontainer added.Thereisa$25.00feeforeachdeliveryorpickupforadditionalcontainersaddedorterminatedto anyserviceaddress.ResidentsmaypickuporreturntheadditionalcontainerstotheCityandthedelivery orterminationfeewillbewaived.Containersthathavenotbeencleanedwillbeassesseda$25.00 cleaningfee.Allfeeswillbechargeddirectlytotheassignedutilityaccount. 3.Intheeventagarbagecontainerisdestroyedbythecustomer,afeeof$60.00willbechargedfor replacementofthecontainer.Thisfeeshallbepaidpriortoissuanceofareplacementcontainer. SECTION5-K:CONTAINERRENTALFEE 1.Arentalfeeof$.50(fiftycents)permonthperautomatedsanitationcontainershallbechargedforall automatedsanitationcontainers.Thisfeeisincludedinthemonthlycharges. SECTION5-L:UTILITYSERVICEDELINQUENCIES 2.UtilityservicedelinquenciesshallbehandledasoutlinedinthecurrentCityCodesectionslistedbelow: a.Sanitationservice:8-4-19 b.Sewerservice:8-1-87 c.Waterservice:8-3-34 SECTION5-M:SERVICECONNECTIONFEES 1.IfthelocationisintheCityofAmmon,theymustpayforcityservicesincluding water/sewer/sanitation/fiber/pressurizedirrigationwhetherconnectedornot.Iftheyareconnectedto 18 Ammon City Council 12.21.2023Page 32 of 113 CityFeeResolution2023-013 Iona-BonnevilleSewerDistrictforsewerand/orFallsWaterCompanyforwaterservice,theywillpaythe sewerchargetoIona-BonnevilleSewerDistrictand/orthewaterservicetoFallsWaterCompanywiththe balanceoftheservicespaidtotheCityofAmmon. 2.Ifthelocationhasanirrigation/sprinklerlineonly(cityservices),thensewerandsanitationwillnotbe required.TheconnectionchargeforconnectiontotheutilitylinesoftheCityofAmmonwillbeas determinedinSection5. L.*M6A?ã¼?¬L.T.K=6?.½!>>A?*6MV*!H!*6MVK.H=!*.>.?M3.. 1.SingleFamilyDwelling: a.$1,300.00perconnection 2.MobileHome/ManufacturedHomeCourtsorSubdivisions: a.$1,300.00permobilehome/manufacturedhomespace 3.Motels/Hotels/RoomingHouses/RestHome/ExtendedCareFacility/TravelTrailerCourts a.$1,300.00perconnectionplus$90.00perCareroomortraveltrailerspaceusedindependently forhumanhabitation. 4.ApartmentBuildings/Duplexes/Condominiums/Townhousesandsimilarlivingunits a.$1,300.00perconnectionplus$300.00perlivingunitinexcessofoneunit. 5.CommercialBuildings/Schools/Churches/Seminaries/Barber&BeautyShops a.$1,300.00perconnectionplus$30.00perplumbingfixtureinexcessof4fixtures. L.*M6A?ã¼A¬L.T.K=6?.½.!LM.K?6,!5AK.46A?!=T!LM.T!M.K!NM5AK6MVÂ.6KTT!Ã*!H!*6MV REPLACEMENTFEE 1.EIRSDConnectionFee.TheCityofAmmonshallcollecttheadoptedcapacityreplacementfeesetbythe EasternIdahoRegionalSewerDistrict(EIRSD),whereapplicable,inadditiontothesewercapacity replacementfeechargedbytheCityfortheCityofAmmonCollectionssystem. L.*M6A?ã¼H¬T!M.K=6?.½*!H!*6MVK.H=!*.>.?M3.. 1.ThepersonmakingapplicationshallpaytotheCity,thesumof$1,400.00fortheinitialconnectionofa oneandone-fourth(11/4)inchorlessline.Connectionsforlargersizelinesshallbeproportionaltothe cross-sectionalareaofthelinepursuanttothefollowingformula:Cost=$1152Xdiameter².Chargesfor allwaterlineconnectionsshallbebasedonthesizeofthewaterlinetapfromtheCitymainwaterline. 2.Chargesforotherdiameterlinesare: ßô±dnYwf‡f„Öàãçà­ÞÞ à±dnYwf‡f„ÖâäÞæ­ÞÞ á±dnYwf‡f„ÖßÞªáäæ­ÞÞ â±dnYwf‡f„Ößæªâáà­ÞÞ ä±dnYwf‡f„Öâߪâåà­ÞÞ æ±dnYwf‡f„Öåáªåàæ­ÞÞ ßÞ±dnYwf‡f„ÖßßãªàÞÞ­ÞÞ ßà±dnYwf‡f„Ößäãªæææ­ÞÞ SECTION5-Q:VACANCIES 1.TherewillbeNOallowancesfortemporaryvacancies,vacationvacanciesorvacantcommercialor residentialrentalproperty. 2.Residentialcustomerswillbeabletopayadisconnectandreconnectfeetotemporarilysuspendservice,if theydesire. SECTION5-R:SPECIALBILLINGS 1.Ifspecialbills(ex:breakdowntodifferentcorporationsbutonelocationintheCity)arerequested,there willbeanextrachargeof$25.00perrequestfortheprocessing. SECTION5-S:DELINQUENTACCOUNTS th 1.Paymentispastdueafterthe15ofeachmonth.Therewillbelatefeesof1-1/2%permonth(18%APR f„fY„ÃzxYvvdfvnxƒˆfx‡anvv ½wnxnwˆwbmY„lfzkÖã­ÞÞÂknf¼dzvvY„ í 2.Anycustomerswithdelinquentaccountsfrompastorcurrentservicesshallpaytheentirebalanceoftheir delinquentaccount(s)priortoinitiationofanynewutilityservices.Paymentarrangementsmaybemade. 3.Anycustomerthathasbeensenttocollectionsfordelinquentaccountsshallnotbeeligibleforutility servicesuntilallpreviouscollectionaccountsarepaid. 19 Ammon City Council 12.21.2023Page 33 of 113 CityFeeResolution2023-013 SECTION5-T:RETURNEDCHECK 1.ReturncheckfeesshallbechargedpursuanttothereturnedcheckfeeresolutionasadoptedbytheCity Council. SECTION5-U:OUTSIDECITYUTILITYRATES(non-annexedlands) 1.Allratesforservices/feesprovidedtopropertiesoutsidetheCitylimitsofAmmonshallbechargedatan amountof1½Timestherateforservices/feesforpropertywithintheCitylimits. SECTION5-V:PRESSURIZEDIRRIGATION RESIDENTIALSCHEDULEOFMONTHLYCHARGESFORPRESSURIZED IRRIGATIONSERVICES ServiceMonthlyRate Axf6xbmÂß±ÃLf„nbf*zxxfb‡nzx$15.08 NOTESTOSECTION5-V - 20 Ammon City Council 12.21.2023Page 34 of 113 CityFeeResolution2023-013 SECTION6-F IBER O PTIC D EPARTMENT F EES ThefollowingMonthlyFiberOpticUtilityratesshallbeeffectiveuponconnectiontotheAmmonFiberOpticSystem asfollows: SECTION6-A:ResidentialRates 1.Residential1GbpsMonthlyRate:$21.00 Kf ndfx‡nYv ˆz„‡n „zndfddˆ„nxlaˆ nxf mzˆ„ ÂæYw½â¬áށwÃ>¼3 SECTION6-B:CommercialRates 1.BasicCommercial1GbpsMonthlyRate:$35.00 Commercialaccountsreceive24/7support. SECTION6-C:FiberEquipment,Materials,andInfrastructureFees 1.Equipment,Materials,andInfrastructuresoldtoorpurchasedbyprivatecompaniesorindividualstoinstall AmmonFiber:$Fee=CostpaidbyCityofAmmonplus25% 2.VBGReplacement:$350ReplacementofVBGfordamage(s) SECTION6-D:Disconnect/Reconnect 1.Thereisnocosttodisconnectfromtheutilitytherebyterminatingtheserviceandmonthlyutilityfees. 2.Reconnectionshallincura$45.00reconnectionfeeinadditiontoanynecessaryreplacementorupgradecosts. 3.Ifservicesaredisconnectedduetonon-payment,thereconnectionfeeispaidatthetimeofdisconnection. SECTION6-E:ColocationServices CoLoHutservicesincludeaSecureLocker,120VPower,Generator,UPSBackup,HVAC,and10GLink. AllservicesareonapprovalandmustmeetAmmonCityCodeTitle8chapter9. 1.CoLoHut9ULocker:$150.00Monthly 2.CoLoHut13ULocker:$200.00Monthly 3.ServerRoomRUs:$50.00Monthly 4.LitCircuitLease10Gb$75.00Monthly 5.LitCircuitLease40Gb$150Monthly 6.DarkFiberLease$75.00Monthly 7.EquipmentMountingSpace$50.00Monthly 8.TowerSpace$200.00Monthly 9.TowerCabinetSpace$150.00Monthly 10.LocalTransportService$75.00Monthly NotestoSectionSection6-E Jumper(s)andSFPsshallbesuppliedandreplacedifnecessarybythetenant. EquipmentintheColocationBuildingfoundtobedisruptivetotenantswillbeshutdownorremoved. SECTION6-F:FiberConnectionandInstallationFees 1.ResidentialConnectiontoFiberUtility:$3,600perconnection a.Thisfeeispaidbypropertyownersthatchosenottoparticipateinthelocalimprovementdistrict (LID)fortheirarea. 2.CommercialConnectiontoFiberUtility:$3,600perconnection+Constructioncosttobuild outnetworktotheedgeofproperty 3.InstallationInspectionFee(allnewfiberservices):$90.00perconnection(fivetotalfiberinspections) 4.ReinspectionFee(afterfiveinitial):$30.00perinspection ã­Kf ndfx‡nYv,ffvzf„3ffÂ,f­!l„ffwfx‡ÃÖߪàÞށf„Ydd„f ¸f„ˆ Yavf Ybfªnxbv­üßÞÞ¯ö± conduit 6.CommercialDeveloperFee(Dev.Agreement)$1,500peraddress/suite/perusablespace SECTION6-G:FiberServicesExtensionPolicy 1.PropertyownersoutsideCitylimitsarenoteligibleforAmmonFiberinfrastructureorservices.Thisdoes notapplytogovernmentalagenciesortaxingdistricts. 21 Ammon City Council 12.21.2023Page 35 of 113 CityFeeResolution2023-013 SECTION6-H:FiberConstructionServices-EmergencyResponse 1.AnEmergencyisdefinedasanyofthefollowing: a.Adisruptionofservicetoasinglebusiness. b.Adisruptionofservicetothreeormorecontiguousresidentialproperties. c.AsignaldisruptiontoCitystructures/equipment. 2.EmergencyResponseFees: a.MobilizationFee$3000 b.Drilling:$40.00PerFoot c.Splicing:$30.00PerFiberStrand d.Personnel:$80perhour e.Materials:$Fee=CostpaidbyCityofAmmon plus300% f.VacuumExcavation:$300perhour 3.NotestoSection6-H a.EmergencyResponsesmayalsoincludeaformalcomplainttoDigline. 22 Ammon City Council 12.21.2023Page 36 of 113 CityFeeResolution2023-013 L.*M6A?å½3 INANCE D EPARTMENT F EES SECTION7-A:BUSINESSLICENSES 1.GeneralBusiness(IncludesItinerantandMobileVendor)$125.00* à­,zz„‡z,zz„LYvf Lzvnbn‡z„¯ Hf„wn‡ÖãÞÞ­Þށf„ Yvf f„ zxÈÈ á­3Y„wf„¯ ¸Afx!n„>Y„uf‡Sfxdz„ÖàÞ­Þށvˆ Yx„fƒˆn„fdnx fb‡nzx à 4.HomeOccupationPermit$25.00* 5.HomeOccupationPermitChildcare/Preschool$50.00* SECTION7-B:ANIMALLICENSES 1.One-YearDogLicenses a.IndividualDogLicense(1-Year)$10.00Spayed/Neutered b.IndividualDogLicense(1-Year)$20.00Un-spayed/Un-neutered 2.Two-YearDogLicenses a.IndividualDogLicense(2-Year)$19.00Spayed/Neutered b.IndividualDogLicense(2-Year)$34.00Un-spayed/Un-neutered 3.Three-YearDogLicense a.IndividualDogLicense(3-Year)$28.00Spayed/Neutered b.IndividualDogLicense(3-Year)$48.00Un-spayed/Un-neutered 4.AdditionalDogPermit$100.00plusindividualdoglicense*** 5.ReplacementDogLicenseforlost/misplacedlicenses$3.00 SECTION7-C:INSPECTION/INVESTIGATIONFEES 1.FireInspectionFeeSeeFireDepartmentFeeResolution 2.BackgroundInvestigationFee$50.00 SECTION7-D:LIQUORLICENSESANDRELATEDPERMITS 1.BartenderPermit$40.00** 2.Beer-Retail(sales-offpremiseconsumption)$50.00 3.Beer-Retail(sales-onpremiseconsumption)$200.00 4.Beer-Retailtransferfee(on/offpremiseconsumption)$20.00 5.LiquorbytheDrink$562.50 6.LiquorbytheDrinktransferoflicense$100.00 7.AlcoholCateringPermit(includesliquor/beer/wine)$20.00/day 8.Wine-Retail(sales-offpremiseconsumption)$200.00 9.Wine-Retail(sales-onpremiseconsumption)$200.00 10.Wine-Retailtransferfee(on/offpremiseconsumption)$20.00 SECTION7-E:BURGLARALARMFEESANDPENALTIES: 1.AlarmUserPermit(65andoldernocharge)$10.00 à­ß ‡KfzufdN f„¯ Hf„wn‡nx‡mfHf„wn‡VfY„ÖãÞ­ÞÞ á­àxdKfzufdN f„¯ Hf„wn‡nx‡mfHf„wn‡VfY„ÖßÞÞ­ÞÞ â­á„dKfzufdN f„¯ Hf„wn‡nx‡mfHf„wn‡VfY„ÖàÞÞ­ÞÞ 5.4thFalseAlarminathree-yearperiod$60.00 6.5thFalseAlarminathree-yearperiod$90.00 7.6thFalseAlarminathree-yearperiod$120.00 8.7thFalseAlarminathree-yearperiod$150.00 9.Greaterthan7FalseAlarmsinathree-yearperiod$180.00peroccurrence SECTION7-F:MISCELLANEOUSFEES 1.CellTower$250.00 2.CellTowerAntenna$250.00perantenna 3.GameArcade$125.00* 4.MotionPicture$125.00/screen*/screen 5.Pawnbrokers$175.00*/*** 6.ScrapDealer$500.00*/*** 7.SecondHandPreciousMetalDealers$75.00* 8.SecondHandStorekeeper$75.00* 9.SexuallyOrientedAdultStores$500.00*/*** 23 Ammon City Council 12.21.2023Page 37 of 113 CityFeeResolution2023-013 10.TNRCatTrapRental$100.00depositfor7days 11.TNRCatDen$50.00depositfor7days 12.BondProcessingAdministrativeFee5%ofbondor$100,whicheverisgreater *PlusFireInspectionFee **PlusInvestigationFee ***GeneralBusinessLicenseorHomeOccupationPermitIncluded. SECTION7-G:MISCELLANEOUSFEEPOLICIES 1.ReturnCheckFee.Afeeof$30shallbechargedforallreturneditems. 2.LateFeeforInvoicedBillings.Exceptasotherwisedefinedinthisfeeresolution,theCityofAmmonshall assessalatefeeof$5.00or18%annuallyofthetotalamountinvoiced,whicheverisgreaterforanylate payments. 3.Refunds.Exceptasotherwisedefinedinthisfeeresolution,a$25.00minimumfeeappliestoall authorizedrefunds. 4.FailuretoObtainorRenewaLicenseorPermit.Afineof$25.00maybeassessedtoanyapplicantor prospectiveapplicantthatfailstoobtainorrenewanylicenseorpermit. SECTION7-H:FACILITYRENTALS 1.CityCouncilChambers(Availableafter5pmonweekdaysorSaturdays) a.$25.00perDailyEvent,plussalestax.LicensedNon-Profitgroupsandtaxingdistrictsare exempt. 2.PublicWorksTrainingRoom a.$25.00perDailyEvent.LicensedNon-Profitgroupsandtaxingdistrictsareexempt. 24 Ammon City Council 12.21.2023Page 38 of 113 CityFeeResolution2023-013 L.*M6A?æ½=!T.?3AK*.>.?M!?,*A,..?3AK*.>.?M3..L SECTION8-A:InfractionsandViolations 1.1stOffenseandLevel1Infraction(1-4-2):$25.00 2.2ndOffenseandLevel2Infraction(1-4-2):$50.00 3.3rdOffenseandLevel3Infraction(1-4-2):$100.00 4.DisabilityParkingInfraction(9-4-16):$50.00 5.SnowViolation(9-9-4):$50.00 6.SignRemoval/ReclaimFee(10-34-6):$25.00 SECTION8-B:LawEnforcementContributionFees 1.ResidentialDetachedDwellingUnit$841.58/dwellingunit 2.ResidentialAttachedDwellingUnit$370.00/dwellingunit 3.CommercialRetail$0.53/squarefoot 4.CommercialOffice$0.82/squarefoot 5.CommercialIndustrial$0.40/squarefoot 6.CommercialInstitutional$0.72/squarefoot 7.PolicyforAssessmentandCollectionofLawEnforcementContributionFees. a.Assessment.LawEnforcementContributionFeesshallbeassessedatthesolediscretionofthe CityCouncilthroughadevelopmentagreementwithaprivatepropertyowner. b.Collection.LawEnforcementContributionFeesshallbecollectedaccordingtothedevelopment agreement.Ifthedevelopmentagreementdoesnotdesignatetimeofcollection,theParks ContributionFeeshallbecollectedatthetimeabuildingpermitisissuedfortheresidential dwellingunitsubjecttothedevelopmentagreement. c.AdoptedLawEnforcementContributionFeeStudy.MmfknxYv„fz„‡fx‡n‡vfd‡mf°*n‡zk !wwzxª6dYmz=YŽ.xkz„bfwfx‡*zx‡„naˆ‡nzx3ffL‡ˆd±Žn‡mYdY‡fzk!„nvàâªàÞàáYxdY approvedbytheCityCouncilisadoptedbyreferenceandmaybeconsultedforquestionsor concernsregardingthemethodology,application,anddefinitionsgoverningtheLawEnforcement ContributionFees. SECTION8-C:NotestoLawEnforcementandCodeEnforcementFees 1.CourtProcessingFee.InadditiontothefeelistedinSection8-A,allinfractionsandviolationsshallalso includethecurrentlyadoptedcourtprocessingfee,asrequiredbytheBonnevilleCountyCourts. 25 Ammon City Council 12.21.2023Page 39 of 113 CityFeeResolution2023-013 L.*M6A?ç½*ITY C LERK D EPARTMENT F EES SECTION9-A:PublicRecordsRequestspursuanttoIdahoCode74-102 1.CopyingFee,upto100sheetsNocharge 2.*znxl3ffªwz„f‡mYxßÞÞ mff‡ ÖÞ­Þãf„ mff‡zkæ­ã±Ußß±Yf„ªavYbuYxdŽmn‡fzxv 3.LaborFee,uptotwo(2)hoursNocharge 4.LaborFee,morethantwo(2)hoursPursuanttoIdahoCode74-102(10) 5.MaterialsFeePursuanttoIdahoCode74-102(10) OthercostsandfeesassociatedwithaPublicRecordsRequestnotitemizedinthissectionshallbechargedtothe requesteraccordingtoIdahoCode74-102. L.*M6A?ßÞ½?ON-D EPARTMENTAL G ENERAL F EES SECTION10-A:AdministrativeAppeal 1.AppealofNon-LandUseAdministrativeAction$150.00 ThisResolutionwillbeinfullforceandeffectuponthedayofitsadoption. CITYOFAMMON ______________________________ SeanColetti,Mayor ATTEST: _________________________ KristinaBuchan,CityClerk 26 Ammon City Council 12.21.2023Page 40 of 113 CityFeeResolution2023-013 o Ammon City Council 12.21.2023Page 41 of 113 Ammon City Council 12.21.2023Page 42 of 113 Ammon City Council 12.21.2023Page 43 of 113 Ammon City Council 12.21.2023Page 44 of 113 S S IV SS Ammon City Council 12.21.2023Page 45 of 113 Ammon City Council 12.21.2023Page 46 of 113 Ammon City Council 12.21.2023Page 47 of 113 Ammon City Council 12.21.2023Page 48 of 113 CHAPTER 9 BOARD OF ADJUSTMENT SECTION: 10-9-1: Creation of Board of Adjustment 10-9-2: Organization of the Board 10-9-3: Duties of the Board of Adjustment 10-9-4: Decision on Appeals 10-9-5: Who May Make Appeals--Application--Fee--Form 10-9-6: Papers and Records to be Submitted to Board of Adjustment 10-9-7: Notice of Hearing 10-9-8: Powers and Duties of Board of Adjustment 10-9-9: Vote 10-9-10: Recourse From Decision 10-9-11: Authority to Create Separate Board 10-9-1: CREATION OF BOARD OF ADJUSTMENT: There is hereby created a Board of Adjustment to be composed of the Mayor and members of the City Council to aid in the administration of this ordinance, with powers and duties as hereinafter set forth. 10-9-2: ORGANIZATION OF THE BOARD: The Board of Adjustment shall adopt rules in accordance with the provisions of this ordinance. Meetings of the Board shall be held at times as the Board may determine. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such facts and shall keep records of its examinations and other official acts, all of which shall be filed immediately in the office of the Board of Adjustment and shall be a public record. The City Clerk shall serve as Secretary of the Board, but shall have no vote at the meetings of the Board. 10-9-3: DUTIES OF THE BOARD OF ADJUSTMENT: The Board shall consider testimony given at a hearing held before the Planning and Zoning Commission and the recommendation of the Planning and Zoning Commission and review appeals from any order, requirement, decision or determination made by the Zoning Administrator and shall have appellate jurisdiction over all decisions and rulings of the Zoning Administrator. It shall also have original jurisdiction over the issuance of conditional use permits. It shall also perform such other duties as are provided by this ordinance as may be assigned to the Board by the City Council. 10-9-4: DECISION ON APPEALS: The Board of Adjustment shall hear and decide appeals from any decision or requirement made by the Zoning Administrator, shall hear and decide applications for conditional use permits and other matters as specified by the terms of this ordinance within forty-five (45) days from the date on which the Zoning Administrator receives the appeal or request for a determination in writing from the appellant. Page 1 of 8 BOARD OF ADJUSTMENT Revised 04-21-2022 Ammon City Council 12.21.2023Page 49 of 113 10-9-5: CONDITIONAL USE APPLICATIONS AND APPEALS: Any citizen or person or any officer or department of the City may appeal to the Board of Adjustment by filing a request in written form clearly addressing the appeal request. All appeal requests must be submitted in completed form along with any required fees, meeting the current requirements for the required hearing procedures. Such appeal shall be made within thirty (30) days from the grant or refusal of a building permit by the Zoning Administrator. The Board of Adjustment may consider only three (3) types of cases. The Powers of the Board of Adjustment are as follows: A. The Board of Adjustment shall consider appeals of the type of case where the applicant alleges the Zoning Administrator is interpreting the zone map incorrectly. (See paragraph 10-9-8-(A) of the zoning ordinance.) B. The Board of Adjustment may upon application consider the type of case known as a variance, where the person making the application can show that the strict application of the regulation would result in peculiar and exceptional difficulties or unnecessary hardship upon the property because of exceptional narrowness, shallowness or shape of his property at the time of the enactment of the controlling regulation, or because of exceptional topographic conditions or other conditions peculiar to the lot. However, the Board of Adjustment cannot grant a request which would be contrary to the spirit of the zoning ordinance or its objectives and purposes. (See paragraph 10-9-8-(B) of the zoning ordinance.) C. The Board of Adjustment upon application may approve special or conditional use permits and special exceptions, which are specifically set out in the zoning ordinance. (See paragraph 10-9-8-(C) of the zoning ordinance.) The Board of Adjustment may approve, deny, in whole or in part, or may attach conditions to the grant of the request. (See paragraph 10-9-8-(D) and 10-9-8-(E) of the zoning ordinance). D. Any person or business that violates the terms and conditions of a conditional use permit shall be subject to the revocation of the conditional use permit. Revocation of a conditional use permit shall be done by the City Council at a regular City Council meeting. The holder of the conditional use permit subject to revocation shall be notified of the time and place the City Council will review said conditional use permit. E. Any violation of the terms of a conditional use permit shall be deemed an infraction and subject to penalties for such violations under section 1-4-2 of the City Code. Each day such violation continues, shall be a separate violation, which shall be deemed as a separate infraction and a citation may be issued therefore. Violations shall be assessed on a per violation per day basis. 10-9-6: PAPERS AND RECORDS TO BE SUBMITTED TO BOARD OF ADJUSTMENT: Upon the filing of the application, the Zoning Administrator shall schedule a hearing date and prepare all papers, records and other pertinent data pertaining to the appeal. Page 2 of 8 BOARD OF ADJUSTMENT Revised 04-21-2022 Ammon City Council 12.21.2023Page 50 of 113 10-9-7: NOTICE OF HEARING: The Planning and Zoning Commission shall hold a public hearing and make a recommendation to the Board of Adjustment in regards to granting or denying a conditional use permit as provided in Section 67-6509 of the Idaho Code. The Board of Adjustment may order a public hearing before deciding any other matter within its jurisdiction under the provisions of this ordinance. If a public hearing is required hereunder, or ordered by said Board, a notice of the time and place of such hearing shall be published in the official newspaper of the City at least fifteen (15) days before the date of the hearing as provided in Section 67-6509 of the Idaho Code. 10-9-8: POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT: The Board of Adjustment shall have the following powers and duties: A. Alleged Error. The Board of Adjustment shall hear and decide appeals wherein it is alleged that there is error in any order, requirement, decision, or determination made by the Zoning Administrator, or other administrative officers, in the enforcement of this ordinance and shall decide questions involving interpretation and determination of zone boundary lines, subject to review and approval by the City Council. B. Variance. The Board of Adjustment may grant variances from the strict letter of this ordinance where a property owner can show that: 1. Because of exceptional narrowness, shallowness or shape of a specific lot or parcel of land, or 2. By reason of peculiar topographical features or other special circumstances peculiar to the particular lot or parcel of land, the strict application of the terms of this ordinance would deprive him of privileges commonly enjoyed by other properties in the same zone. Before a variance can be granted, the Board of Adjustment must find upon the evidence before it that: 1. Special circumstances do actually attach to the particular property which do not apply generally to the other properties in the same zone. 2. Because of some special circumstances the appellant's property is deprived of privileges possessed by other properties in the same zone. 3. The granting of such variance will not adversely affect the comprehensive plan of zoning in the City. 4. Adherence to the strict letter of the ordinance will cause difficulties and hardships, the imposition of which is unnecessary in order to carry out the purposes of the zoning plan. 5. The hardship has not been caused by an action of the property owner taken after the effective date of this ordinance. Page 3 of 8 BOARD OF ADJUSTMENT Revised 04-21-2022 Ammon City Council 12.21.2023Page 51 of 113 C. Conditional Use Permits. The Board of Adjustment may grant the following conditional use permits: 1. The Board of Adjustment may authorize a dwelling to face upon a private driveway, subject to the following conditions: (a) The structure in which such dwelling is situated will be at least twenty feet (20') from the nearest other building on the same or adjoining lot. (b) It is readily accessible by emergency vehicles. (c) It has side, front, and rear yards at least as great as those required in the RP-A zone. (d) In the opinion of the Board of Adjustment, the dwelling is located in harmony with the objectives and characteristics of the zone in which the dwelling is located. 2. Flood Channels. The Board of Adjustment may permit buildings to be constructed within seventy-five (75) feet from the banks of a natural flood channel, subject to conditions set forth in paragraph 10-5-11 of this ordinance. 3. Permit temporary use of certain lands and structures. (a) The Board of Adjustments may permit the temporary use of certain lands and buildings as set forth in paragraph 10-5-22 of this ordinance. (b) The Board of Adjustment may allow and authorize the issuance of a building permit and/or conditional certificate of occupancy for the use of land and/or the erection and use of buildings for a use which the Board determines is in harmony with the objectives and characteristics of the zone in which such use is to be located. Such conditional use permit shall be for a limited time and may be renewed in the discretion of the Board but shall not survive the change of ownership of the property or of the use. As a condition to granting any special use permit, the Board may require the written consent of all property owners who own property contiguous and adjacent to the subject property and may require a notification of all land owners within five hundred (500) feet of the subject property. Notification of the application of the special use permit to all property owners within five hundred (500) feet of the subject property with the notice of the hearing date and time thereon, shall be made by the petitioner by first class mail with an affidavit of mailing naming the addressees and the date of mailing. Page 4 of 8 BOARD OF ADJUSTMENT Revised 04-21-2022 Ammon City Council 12.21.2023Page 52 of 113 Any such permit shall be granted only after public notice and hearing as provided in Section 67-6509 of the Idaho Code. 4. Reduce off-street Parking Requirements in CC-1 Zone. The Board of Adjustment may reduce off-street parking requirements in the CC-1 Central Commercial Zone, subject to conditions set forth in paragraph 10-5-23-(D)- (2) of this ordinance. 5. Permit Off-street Parking to be Provided on Adjacent Lots. The Board of Adjustment may permit off-street parking facilities required in connection with dwellings to be located on adjacent or nearby lots, subject to conditions set forth in paragraph 10-5-23-(D)-1-(b) of this ordinance. 6. Determine Off-street Parking Requirements for Uses Not Mentioned in Ordinance. The Board of Adjustment may determine the number of off-street parking spaces required for uses not specifically mentioned in this ordinance, subject to the conditions set forth in paragraph 10-5-23-(D)-5 of this ordinance. 7. Authorize Off-street Loading Facilities in the CC-1 Zone to be provided on Adjacent or Nearby Lots. The Board of Adjustment may permit required off-street loading facilities in the CC-1 Zone to be located on adjacent or nearby lots, subject to conditions set forth in paragraph 10-5-23-(S) of this ordinance. 8. Authorize the Moving of Buildings. The Board of Adjustment may authorize the Zoning Administrator to issue a permit for the moving of buildings, subject to conditions as set forth in paragraph 10-6-1 of this ordinance. 9. Authorize a Permit for Mortuaries and Funeral Homes. The Board of Adjustment may authorize the Zoning Administrator to issue a permit for a mortuary or funeral home, as required by Chapter 18 of this Title and subject to conditions set forth in paragraph 10-7-7 of this ordinance. 10. Authorize a Permit for Cemeteries, Mausoleums, and Columbaria. The Board of Adjustment may authorize the Zoning Administrator to issue a permit for a cemetery, mausoleum or columbarium, subject to conditions set forth in paragraph 10-7-5 of this ordinance. 11. Grant Permit for Shooting Range. The Board of Adjustment may grant a permit for the construction of a shooting range in the I&M Zone, provided satisfactory evidence is presented to the Board that the safety of the surrounding area will be fully safeguarded. 12. Authorize a Permit for Dwelling Groups. It shall have the power to authorize the issuance of a permit for a dwelling group (planned), subject to Page 5 of 8 BOARD OF ADJUSTMENT Revised 04-21-2022 Ammon City Council 12.21.2023Page 53 of 113 conditions and standards as set forth in paragraph 10-27-4 of this ordinance. 13. Authorize a Permit for Parks. It shall have the power to authorize the issuance of permits for public and semi-public parks, playgrounds and schools, subject to conditions and standards as set forth in paragraph 10- 7-1 this ordinance. 14. Authorize a Permit for Churches, Clubs, and Lodges. The City Planning Commission shall have the power to authorize the issuance of a permit for churches, clubs, lodges and similar buildings, subject to conditions as set forth in paragraph 10-7-6 of this ordinance. 15. Grant Other Conditional Use Permits Authorized by Ordinance. The Board of Adjustment may grant other conditional use permits as deemed acceptable in the sole discretion of the board and after considering all relevant facts and with the intent of creating uniformity in granting of conditional use permits. 16. In approving or denying a request for a conditional use permit on which the Board is requested to pass, evidence must be presented to the Board that the objectives and characteristics of the ordinance and the zone in which the development is located shall not be adversely affected. D. May Attach Reasonable Conditions. The Board of Adjustment may attach reasonable conditions or requirements to the grant of a variance, exception, or conditional or special use permit which the petitioner must comply with as a condition of the grant or approval and may attach a time limit on the exercise non- exercise of any grant. If the petitioner fails or refuses to comply with any of the conditions within the time specified, the grant or permit shall become null and void. Those conditions may include but are not limited to, those that: 1. Minimize adverse impact on other development; 2. Control the sequence and timing of use/development; 3. Control the duration of the use/development; 4. Assure that the use/development is maintained properly; 5. Designate the exact location and nature of use/development; 6. Require the provision for on-site or off-site public facilities or services; 7. Require more restrictive standards than those generally required in an ordinance; Page 6 of 8 BOARD OF ADJUSTMENT Revised 04-21-2022 Ammon City Council 12.21.2023Page 54 of 113 8. Require mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction; 9. Prior to granting a special use permit, studies may be required of the social, economic, fiscal, and environmental effects of the proposed special use. E. May Reverse or Affirm Zoning Administrator. In performing the duties as set forth herein, the Board of Adjustment is hereby empowered to reverse or affirm, wholly or party, or modify the order, requirement, decision or determination of the enforcing officer, and may make such order or requirement as ought to be made; provided, however, the Board of Adjustment shall not have power to amend this ordinance nor to permit nor prohibit any actions which would have the effect of amending this ordinance. F. Authority Limited. The powers and duties of the Board of Adjustment are limited to administrative matters as herein set forth which shall be strictly construed. It shall not be the function of the Board of Adjustment to grant a request which would have the effect of amending the zoning ordinance or of correcting what it may consider to be an unwise requirement in the zoning ordinance. Nevertheless, the Board of Adjustment shall have administrative duties as set forth in this ordinance and, within the meaning of the provisions of this ordinance, shall perform its duties and shall have the power to perform those acts as herein set forth; and such administrative actions shall not be interpreted as unauthorized amendments to this ordinance. G. Precedent. A special use permit shall not be considered as establishing a binding precedent to grant other special use permits. H. Non-transferable. A special use permit is site and use specific and not transferable from one parcel of land to another. 10-9-9: VOTE: The concurring vote of one-half plus one of the members present of a quorum from the total membership of the Board shall be necessary to decide upon any matter upon which it is required to pass. 10-9-10: RECOURSE FROM DECISION OF BOARD OF ADJUSTMENT: A. Recourse from Decision of the Board of Adjustment. The determination of the Board of Adjustment shall be final unless a written appeal is made to the City Council within fifteen (15) days from the date of the written determination. The written notice of appeal shall be filed with the City Clerk and shall set forth specifically wherein the Board of Adjustment erred in its determination. Upon the receipt of an appeal, the City Council shall refer one copy of the appeal to the Board of Adjustments; and thereupon, the Board of Adjustment shall make a report to the City Council disclosing in what respect the application and facts offered in support thereof met or failed to meet the necessary requirements. The concurring vote of a majority of the members of the City Council shall be required to reverse any order, requirement, decision or determination of the Board of Adjustment. Page 7 of 8 BOARD OF ADJUSTMENT Revised 04-21-2022 Ammon City Council 12.21.2023Page 55 of 113 B. Recourse From Decision of City Council. Any person aggrieved by a decision of the City Council may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction. 10-9-11: AUTHORITY TO CREATE SEPARATE BOARD: The City Council may, in lieu of acting as Board of Adjustment for the City, appoint a separate Board to aid in the administration of this ordinance, with powers and duties as hereinabove set forth. Said Board shall consist of five (5) members, each to be appointed by the Mayor, with the consent of the City Council, for a term of four (4) years, provided that the terms of the members of the first Board so appointed shall be such that the term of not more than two (2) members shall expire in any one year. One member of the Board shall also be a member of the planning commission. Any member may be removed for cause by the City Council upon written charges and after a public hearing, if such public hearing is requested. Vacancies shall be filled for the unexpired term of any member whose term is not completed. Page 8 of 8 BOARD OF ADJUSTMENT Revised 04-21-2022 Ammon City Council 12.21.2023Page 56 of 113 Ammon City Council 12.21.2023Page 57 of 113 Ammon City Council 12.21.2023Page 58 of 113 Ammon City Council 12.21.2023Page 59 of 113 Ammon City Council 12.21.2023Page 60 of 113 Ammon City Council 12.21.2023Page 61 of 113 Ammon City Council 12.21.2023Page 62 of 113 AGLE ROCK E NGINEERING CIVIL PLANNING SURVEYING IDAHO FALLS (208) 542-2665REXBURG (208) 359-2665 Ammon City Council 12.21.2023Page 63 of 113 AGLE ROCK E NGINEERING CIVIL PLANNING SURVEYING IDAHO FALLS (208) 542-2665REXBURG (208) 359-2665 Ammon City Council 12.21.2023Page 64 of 113 Ammon City Council 12.21.2023Page 65 of 113 CHAPTER 29 SUBDIVISION REGULATIONS SECTION: 10-29-1: Definition 10-29-2: Plat Required 10-29-3: Approval of Subdivision Plat 10-29-4: Application and Fees Required 10-29-5: Permits 10-29-6: General Requirements 10-29-7: Preapplication Review 10-29-8: Preliminary Plat Requirements 10-29-9: Requirements of the Final Plat 10-29-10: Combining Preliminary and Final Plats 10-29-11: Street Improvements Required; Fees 10-29-12: Dedications 10-29-13: Amended Plats 10-29-14: Exceptions May be Made to Avoid Hardship 10-29-15: Site Plan Review 10-29-16: Split Zoned Lots 10-29-17: Guarantee of Completion 10-29-18: Judicial Orders 10-29-19: Fees for Review 10-29-20: Penalty 10-29-1: DEFINITION: The word "subdivision," as used in this chapter, is hereby defined as the division of a developed or undeveloped tract or parcel of land into three (3) or more parts for the purpose, whether immediate or future, of sale or of building development; provided, that if any one (1) person within one (1) calendar year divided any tract into three (3) or more parts, such land shall be deemed a subdivision within the meaning of this chapter; provided, however, that this definition of a subdivision shall not include a bona fide division or partition of agricultural land in parcels of more than five (5) acres for agricultural purposes, nor shall it include the division of property which is within a duly-zone commercial or industrial district for commercial or industrial development where no new streets are required or are to be dedicated for public use; nor shall it include or apply to the allocation of land in the settlement of an estate, or a court decree for the distribution of property; nor shall it apply to the sale or conveyance of any parcel of land which may be shown as one (1) of the lots of a subdivision of which a plat heretofore has been recorded in the land records of Bonneville County, Idaho. Page 1 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 Ammon City Council 12.21.2023Page 66 of 113 10-29-2: PLAT REQUIRED: No person shall subdivide any tract of land which is located wholly or in part in the City, unless he shall first have or cause to have made a plat thereof as required by Title 50, Chapter 25 of the Idaho Code and as set forth within this chapter. 10-29-3: APPROVAL OF SUBDIVISION PLAT: No plat shall be recorded or offered for record until the plat has been reviewed by the Planning Commission and approved by the City Council and shall bear thereon the approval, by endorsement, of the Mayor, City Engineer and City Clerk. 10-29-4: APPLICATION AND FEES REQUIRED: Applications shall be submitted to the City for any regulations administered by this chapter. Application fees shall be adopted by the Mayor and City Council by resolution. 10-29-5: PERMITS: No permits shall be issued by an administrative officer for the construction of any building or other improvement requiring a permit upon any land for which a plat is required by this chapter unless and until the requirements of this chapter have been complied with. 10-29-6: GENERAL REQUIREMENTS: Street Requirements. (A) All through streets in the subdivision must conform to the major street plan of the City. 1. The alignment and width of previously platted streets, when extended shall be preserved unless topographical conditions make a modification advisable. 2. Exception to this would be in the case where the existing street will no longer meet the required street width as determined by the current ordinance. 3. Where a subdivision abuts or contains an existing or proposed arterial street, there shall be a reverse frontage with screening and an additional fifteen (15) foot rear or side yard setback requirement. Access from a reverse frontage lot to an adjacent arterial roadway is prohibited. 4. Street Right of Way (ROW) width is to be measured from property line to property line. The minimum width of streets so measured shall be: For local or minor streets -- sixty (60) feet For arterials or major streets -- conform to major street plan, in accordance with the BMPO Access Management Plan, July 2012 Page 2 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 Ammon City Council 12.21.2023Page 67 of 113 Minimum width of roadway (face to face of curb) shall be, unless otherwise approved under the direction of the City Engineer: For local or minor streets forty-eight (48) feet For arterials or major streets -- conform to major street plan, in accordance with the BMPO Access Management Plan, July 2012 5. Dead-end streets, designed to be so permanently, shall not be longer than four hundred (400) feet and shall be provided at the closed end with a turn-around with a pavement edge diameter and right-of-way diameter as follows: A. If the turn-around is constructed with curb and gutter, the right-of-way shall be a minimum of one hundred (100) feet in diameter with a pavement edge diameter of a minimum ninety-six (96) feet; 6. Streets shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect any other street at less than eighty (80) degrees. 7. Minor streets shall be so laid out that their use by through traffic will be discouraged. 8. The arrangement of streets in new subdivisions shall make reasonable provisions for the continuation of the principal existing streets in adjoining subdivisions, or their proper projections when adjoining property is not subdivided. The street and alley arrangements must also be such as to cause no hardship to owners of adjoining property when they plat their land and seek to provide for convenient access thereto. This arrangement must also provide for continuing a reasonable number of through utility lines. 9. Minimum street grades of four-tenths percent (0.4%) will be required, with the maximum grade being eight and three-tenths percent (8.3%) for arterials, major, local, or minor streets. Where the observance of this standard is impossible, the Engineer shall review the situation before an exception may be granted. 10. All streets and alleys shall be completed to the grades, which have been officially approved or determined by the Engineer, as shown upon approved plans and profiles. 11. Where street lines within a block deflect from each other at any one (1) point more than ten degrees (10°), there shall be a connecting curve. The radius of the curve for the inner street line shall not be less than seven hundred (700) feet for an arterial or major street, and fifty (50) feet for local or minor streets. 12. Curbs at street intersections shall be rounded with curves having a minimum radius of twenty-five (25) feet, for minor streets, but for arterials or major streets it shall be a minimum of thirty-five (35) feet, or greater as required by the City Engineer. Page 3 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 Ammon City Council 12.21.2023Page 68 of 113 13. Street name signs shall be erected by the subdivider in accordance with City standard specifications. 14. Sidewalks shall be a minimum of five (5) feet in width and may be required to be wider in areas near shopping centers, schools or where pedestrian traffic may warrant a greater width. 15. Under certain circumstances, residential areas may be allowed to be developed without curb and gutter. When recommended by the City Engineer and the Planning and Zoning Director, the City Council may allow development under specific term and specifications. All exclusions to the requirement of curb and gutter and the required specifications shall be set within a development agreement for each subdivision or division thereof. (B) Alleys and Easements. 1. The minimum width of any dedicated alley shall be twenty (20) feet. 2. There shall be an easement of not less than fifteen (15) feet on all lot lines within a plat that border a dedicated public right of way. Other easements may be required as deemed necessary by the City Engineer. 3. Alley intersections and sharp changes in alignment shall be avoided; but, where necessary, corners shall be cut off sufficiently, as determined and approved by the City Engineer, to permit safe vehicular movement. 4. Dead-end alleys shall be prohibited. (C) Blocks. 1. The length, widths, and shapes of blocks shall be determined with due regard to adequate building sites suitable to the special needs of the type of use contemplated; the zoning regulations, as to lot size and dimension; the need for convenient access, circulation, control, and safety of street traffic; and the limitations and opportunities of topography. 2. Block lengths shall not exceed thirteen hundred (1,300) feet and not less than four hundred (400) feet. (D) Lots. 1. All lots shown on the subdivision plat must conform to the minimum requirements of the zoning regulations. Page 4 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 Ammon City Council 12.21.2023Page 69 of 113 2. Side lines of lots shall be at right angles or radial to the street lines unless a variation from the rule will give a better street and lot plan. All corner lots shall have a minimum radius of twenty (20) feet on the property lines. 3. Double frontage lots shall be prohibited, except where unusual topography makes it impossible to meet this requirement. No access will be granted to arterials or major streets, in accordance with the BMPO Access Management Plan, July 2012. 4. All remnants of lots below minimum size left over after the subdividing of a larger tract must be added to adjacent lots rather than allowed to remain as unusable parcels. (E) Each new subdivision plat shall provide for facilities for bicycles, pedestrians, and other non-motorized modes of transportation. These facilities shall be provided as required by a recommendation to the City Council by the Planning and Zoning Commission. Any recommendation shall be made following the most current adopted version of the BMPO Bicycle & Pedestrian Plan. 1. Trails within a subdivision may with a recommendation from the Planning and Zoning Commission allow the system to be integrated as part of the required sidewalk system. This allowance would require the widening of the required sidewalks to accommodate bicycles and other non-motorized modes of transportation. 2. As part of the review for trails, consideration shall be given to connection to existing and/or future trails, to allow for connectors to schools, parks, neighborhoods, transportation, and commercial areas, as shown in the most current version of the BMPO Bicycle & Pedestrian Plan. 3. To allow for connectivity between neighborhoods with back-to-back cul de sacs a walking path to connect the neighborhoods will be required. 10-29-7: PREAPPLICATION REVIEW: Prior to filing a preliminary plat application the subdivider shall participate in a preapplication interview to enable the City to review and comment on the proposed subdivision. Such discussions should cover the general objectives of the subdivision, platting procedures and requirements, and potential plans for a development agreement. (A) The subdivider shall contact the city planner to set up a time for the preapplication review. (B) The subdivider shall provide a digital copy of a master plan. (C) Elements of the master plan shall include: Page 5 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 Ammon City Council 12.21.2023Page 70 of 113 1. General concept of the development, including, but not limited to, lots, streets, alleys, and parks and open space. 2. Phasing plan showing divisions 3. Number of lots and/or units for the total development and per division 4. Density of units per acre for the total development and per division 5. Number of acres for the total development and per division 6. Amount of open space in acres 7. Connectivity to surrounding areas through streets and trails 8. General utility layout not required to be engineered at master plan (D) A review fee will be charged based on the current Fee Resolution for the review of the proposed subdivision. 10-29-8: PRELIMINARY PLAT REQUIREMENTS: In seeking to subdivide land into building lots and to dedicate streets, alleys or other land for public use there shall be one scaled drawing in an electronic format (pdf). The preliminary plat shall be submitted at least ten (10) days before a Planning Commission meeting date. The Planning Commission shall review the application within ten (10) days from the first meeting at which the plan was formally presented unless an extension of time is agreed to by the subdivider. Prior to making a decision on the proposed preliminary plat the Planning Commission shall determine if a public hearing should be required for the proposed preliminary plat request. If the Planning Commission determines a hearing should be held, there shall be a hearing scheduled for the next available hearing date before the Planning Commission. Final approval of preliminary plats shall be by the City Council. Any preliminary plat containing more than three (3) lots shall be submitted to the Planning Director at least fifteen (15) days prior to the deadline for submission of such plat to the Planning and Zoning Commission. The Planning Director shall submit the drawing for review by the City Engineer, Fire Chief, Building Official and Planning Director. Said review shall provide the developer with any issues needing to be addressed prior to a submission to the Planning Commission. Changes required by the staff review shall be reflected on the submitted preliminary plat. The preliminary plat so prepared by the subdivider and formally filed with the Planning Director shall contain the following information. (A) The proposed name of the subdivision. (B) The location of the subdivision as forming a part of some larger tract or parcel of land referred to in the records of the County Recorder. (C) A vicinity map showing a radius of one-half (1/2) mile around the proposed development shall be provided. All existing roadways shall be shown, with names on the vicinity map. Page 6 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 Ammon City Council 12.21.2023Page 71 of 113 (D) A contour map at appropriate contour intervals to show the general topography of the tract. (E) The boundary lines of the tract to be subdivided shall be accurate in scale and bearing. These lines should be slightly heavier than street and lot lines. (F) The location, widths, names and other dimensions of all existing or platted streets shall be shown on the preliminary plat. In addition, important features within one hundred (100) feet and contiguous to the tract to be subdivided and recorded as a legal document shall be shown on the preliminary plat. Examples of those features include but are not limited to railroad lines, water courses, easements and exceptional topography. (G) The approximate location of all existing or proposed utilities, including, but not limited to, sanitary sewers, storm drains, water supply mains, fire hydrants, streetlights, bridges, ditches and culverts within the tract and immediately adjacent thereto; and if applicable the interconnection of such systems with the major street plan and City storm drainage system. (H) The location, names, widths, and other dimensions of proposed streets, alleys, easements, parks, lots, and other open spaces. (I) All parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated. (J) North point, scales, and dates. (K) Zoning for the subdivision shall be indicated. If more than one zone exists within the subdivision, individual lots should include the zone. (L) The following items shall be printed on the preliminary plat: 1. Density of subdivision in living units 2. Number of lots within the division 3. Average size of lots within the division 4. Total size of plat (in acres) 5. A signature line showing approval date shall be provided for the Planning Director and City Engineer. (M) Mitigation of the impact of development on public facilities should be considered at this stage. Recommendations from staff and the Planning and Zoning Commission shall be directed to the City Council for consideration. Page 7 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 Ammon City Council 12.21.2023Page 72 of 113 1. Written record of staff and the Planning and Zoning Commission recommendations for mitigation shall be included in the staff presentation to the City Council for each preliminary plat presentation. 2. Written record of the decision and motion of the City Council requirements for mitigation shall be incorporated into an annexation or standard development agreement prior to the final platting stage of said development. (N) Appropriate details for any special development areas in the proposed plat, including, but not limited to, hillside and floodplain developments. (O) All off-site improvements required to service the development. (P) Prior to the signage of any preliminary plat a standard development agreement shall be submitted and approved by the City Council. The standard development agreement must be recorded within 30 days of approval by the City Council. The agreement shall benefit the interests of the city, the county, or the state of Idaho. 1. The standard development agreement shall contain language to include any mitigation requirements as determined by the City Council at the Preliminary and Final Plat stage. 2. The standard development agreement shall contain language to include any mitigation requirements as determined by the City Council at the annexation stage of development. (Q) The following items shall accompany the preliminary plat application: Prior to City Council Approval: 1. Copies and signatures showing the ability to provide sewer services by Eastern Idaho Regional Sewer District (EIRSD) or Iona Bonneville Sewer District (IBSD), when required by the servicing agency. 2. Preliminary Plat and improvement drawings submitted in digital form. (R) Inspection of Public Improvements Under Construction: 1. Before approval of a preliminary plat, and before construction plans, and specifications for public improvements, an agreement shall be made in writing between the developer and the City to provide for inspecting the construction and its conformity to the submitted plans. 2. Prior to construction of public improvements, a pre-construction meeting shall be the cont Page 8 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 Ammon City Council 12.21.2023Page 73 of 113 The preliminary plat shall be drawn to a scale not smaller than one (1) inch to one hundred (100) feet. Such approval of the preliminary plat shall be valid for a period of one (1) calendar year only. 10-29-9: REQUIREMENTS OF THE FINAL PLAT: The final plat must be submitted to the Planning Commission for final review within one (1) year after the approval of the preliminary plat, and no plat shall be recorded or offered for record nor shall any land be recorded or offered for sale with reference to such plat until said plat has been duly approved as indicated in Section 10- 29-3 of this chapter. The final plat must be submitted to the Planning Commission for final review within (1) year after the approval of the preliminary plat. Otherwise, such approval shall become null and void and no plat shall be recorded or offered for record nor shall any land be recorded or offered for sale with reference to such plat, unless the subdivider, ninety (90) days prior to said expiration date, applies for an extension of time and such extension is granted by the City. A maximum twelve-month extension may be granted by the City at its sole discretion. (A) The application shall be filed with the city and shall include: 1. A viable and acceptable plan which demonstrates how recordation of the final plan will occur within the year. 2. A schedule that depicts the anticipated progress for completion of the final plat within the year. 3. An application fee will be charged based on the current Fee Resolution for the review of the proposed subdivision. The Planning Commission must review the final plat. The final plat shall be submitted at least ten (10) days before a Planning Commission meeting date. The Planning Commission shall review the application within ten (10) days from the first meeting at which the plan was formally presented unless an extension of time is agreed to by the subdivider. Final approval of the plat shall be secured from the City Council; otherwise, the subdivider will be duly notified of its rejection by said body. The final plat must be recorded within six (6) months of approval by the City Council, or it shall expire. The plat sheet must be prepared in accordance with the Idaho Code. After approval of the Planning and Zoning Commission and City Council; two (2) mylar prints and one (1) paper print, shall be submitted to the Planning Department for final City staff review and approval. If approved, the prints shall have endorsed thereon the required approvals of all public agencies and property owners. Upon final approval the City Clerk shall submit the drawings to the County Recorder and return the prints for the City to the Planning Director and the County Page 9 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 Ammon City Council 12.21.2023Page 74 of 113 Recorder shall have attested the content on the print for the City to be the same that has been recorded with the County. Payment for all recordings shall be made to the City Clerk in care of Bonneville County Recorder. Plats must meet the requirements of Idaho Statute 50-1304. The following information shall be contained upon the drawing to be filed with the City Engineer: (B) The name and general location of the subdivision in bold letters at the top of the sheet. The name of the subdivision must not bear the name of any other town or addition in the County. C) The north point and scale of the plat. (D) The boundaries must be accurately drawn, showing the proper bearings and dimensions of all boundary lines of the subdivision. These lines should be slightly heavier than street and lot lines. (E) The names, widths, lengths, bearings, and curve data on center lines of proposed streets, alleys, and easements desired or necessary; also, the boundaries, bearings, and dimensions of all portions within the subdivision as intended to be dedicated to the use of the public. The sizes, lines, dimensions, bearings, and number of all lots, blocks, and/or parts reserved for any reason within the subdivision. (F) The widths and names of abutting streets and alleys, and the names and boundaries of all subdivisions which have been previously recorded and adjacent thereto, must be shown upon the plat offered for record. These adjacent subdivisions will be shown in dotted lines to show their relationship to the plat offered for record. If adjoining land is unplatted, it should be indicated as such. (G) All linear dimensions shall be calculated to the nearest one-hundredth (.01) of a foot, and all bearings shall be calculated to the nearest ten (10) seconds of arc, except on the boundaries where the bearings may be shown to the nearest one (1) second. All curves shall be defined by the radius, central angel, tangent, arc, and chord distances. The description and location of all monuments shall be shown. Monuments of iron pipe, stone, or concrete shall be set at tangent points or points of curves of street intersections on property lines, at alley intersections and at such other points as may be necessary to make the retracing of the lines as shown on the final plat reasonably convenient. No plat showing a plus or minus distance will be accepted unless agreed to by the Engineer. (H) A definite tie between not less than two (2) prominent points shall be shown between the exterior boundary of the subdivision and the section corner and quarter corner system of the County as established by the United States Government and supplemented by the County, indicated either by bearing and distance or by rectangular coordinates. The said tie may be made to a line of a county plat, or a plat of a neighboring subdivision, which conforms to the above requirement. Page 10 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 Ammon City Council 12.21.2023Page 75 of 113 (I) All lots shall be numbered by progressive numbers in each block separately; blocks shall also be numbered. (J) Upon the print must appear the following required signatures: Registered Professional Engineer and/or Land Surveyor's "Certificate of Survey"; owner's dedication certificate with notary public's acknowledgment; the approval of the Mayor attested by the Clerk; and the City Engineer. (K) The following items shall be printed on the final plat: 1. Density of subdivision in living units 2. Number of lots within the division 3. Average size of lots within the division 4. Total size of plat (in acres) 5. Zoning for the subdivision shall be indicated. If more than one zone exists within the subdivision, individual lots should include the zone. 6. A vicinity map showing a radius of one-half (1/2) mile around the proposed development. All existing roadways shall be shown with names on the vicinity map. (L) Appropriate details for any special development areas, including, but not limited to, hillside and floodplain developments. (M) The following items shall accompany the final plat application: Prior to City Council Approval: 1. Copies of any private restrictions proposed to be recorded for the purpose of providing regulations governing the use, building lines, open spaces, or other aspects of development and use. All dimensions, both linear and angular are to be staked in the field by an accurate control survey which must balance and close within a limit of one (1) in ten thousand (10,000). The final print of the final plat shall be signed separately by all parties duly authorized and required to sign. (N) Prior to the approval of any final plat, the subdivider shall: Page 11 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 Ammon City Council 12.21.2023Page 76 of 113 1. Provide the necessary documentation to show that all required improvements, infrastructure, public improvements, and public utilities have been installed and conditions of approval have been met and inspected and approved by the city. 2. Pay all required fees. 10-29-10: COMBINING PRELIMINARY AND FINAL PLATS (SHORT PLAT): The applicant may request that the subdivision application be processed as both a preliminary and final plat if the following criteria are met: (A) The proposed subdivision does not exceed 3 lots. (B) No new street dedications or street widenings are involved. (C) No special development considerations are involved, such as floodplain or hillside. (D) All required information for both the preliminary and final plat is provided and in the correct form. (E) All agency approvals have been obtained. 10-29-11: STREET IMPROVEMENTS REQUIRED FEES: The owners of any land to be platted as a subdivision shall be required to install all street improvements, including sidewalks, curb, and gutter, street grading and surfacing, as well as sanitary sewers, street drainage, and drainage structures, water mains and fire hydrants, including hydrant and valve boxes, also including all street signage as needed to comply with City standards, and all such improvements to be installed under the specifications and inspection of the Engineer. The installations of all such improvements required above may be reduced on major streets forming a boundary of the subdivision with the approval of the City Engineer. Some street improvements may be required to be paid in lieu of construction, at two hundred (200%) percent of cost, as determined by the City Engineer. funds remaining above the proportionate shared cost after completion of the project will be refunded to the Developer. A review fee will be charged based on the current Fee Resolution for the review of improvement drawings and inspections, as determined by the City Engineer and the City Council. 10-29-12: DEDICATIONS: All streets, alleys, and easements, within the subdivision must be dedicated for public use. Dedication of all other public open space within the subdivision will be required in accordance with annexation and/or related standard development agreement. Where this plan calls for a Page 12 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 Ammon City Council 12.21.2023Page 77 of 113 larger amount of public space than the subdivider can be reasonably expected to dedicate, the land needed beyond the subdivider's fair contribution is to be reserved for acquisition by the City, provided such acquisition is made within five (5) years from the date of approval. The action of the Mayor and Council in exercising this power to compel dedication of public open space shall take place only after a public hearing has been held on the matter. Anyone aggrieved by the decision of the Council may have the decision reviewed by a court of competent jurisdiction. 10-29-13: AMENDED PLATS: (A) If amendments are made to the plat following city approval, but prior to recording, a copy of the revised plat shall be submitted to the city for review and approval prior to recording. Building permits will not be issued on a development whose plat was modified following approval by the city. B) Amended plats must be filed as per original. In the event a plat of a subdivision has been recorded and major changes have been made which change the subdivision materially, the subdivision upon which these changes have been made must be vacated and an amended plat filed in accordance with the regulations set up in this chapter. C) Any change in the location of a street or area reserved for public use or in alleys and easements shall require the filing of amended plat. D) Any change, which affects lot lines, lot sizes or units for additional building which may be under separate ownership shall be submitted and reviewed by the City Engineer and Planning Director. If it is the determination of the City Engineer and Planning Director that an amended plat is required to maintain the integrity of a subdivision, an amended plat or condominium plat shall be filed. Decisions of the City Engineer and Planning Director may be appealed to the City Council for a ruling. In cases where it is determined an amended plat is not required the following items shall be submitted to the Planning Director for processing: 1. A full-size copy of the existing plat showing the requested lot line changes. These changes should be detailed in color to easily show the changes requested. 2. A drawing showing in detail the changes and existing lots line drawn to a scale of not less than 1:40 shall be submitted to the Planning Director. This drawing shall include the new legal description of the properties being changed. 3. A new legal description of the properties affected by the request 4. Documentation from Bonneville County showing the current ownership of the property that changes are being requested on. 5. A letter from the current property owner requesting the changes shown in the above-mentioned detail. Page 13 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 Ammon City Council 12.21.2023Page 78 of 113 6. Once all information has been submitted and final approval has been received, the Planning Director will prepare and record the necessary documentation for each affected lot. NO future building permit shall be issued on the subject property until all documentation has been received and recorded. (E) Any change, which divides an existing building which may produce separate ownership of portions of said building shall require the filing of an amended plat or condominium plat (F) Any request to amend a plat must be accompanied by a copy of the original plat. 10-29-14: EXCEPTIONS MAY BE MADE TO AVOID HARDSHIP: Whenever the tract to be subdivided is, in the opinion of the Council, of such unusual shape or size or is surrounded by such development or unusual conditions that the strict application of the requirements contained herein would result in real difficulties and substantial hardships or injustices, the Council may vary or modify such requirements so that the subdivider is allowed to develop his property in a reasonable manner, but so, at the same time, the public welfare and interests of the City and surrounding area are protected and the general intent and spirit of this chapter are preserved. 10-29-15: SITE PLAN REVIEW: A final site plan review must be approved prior to the issuance of a building permit in all zones. (A) A preliminary site plan must be submitted to the Planning Director to be presented to applicable City Departments for review and recommendations under the following conditions: 1. Multi-family dwellings consisting of four (4) or more attached dwelling units. 2. Dwelling groups consisting of two (2) or more dwelling units inside or outside a Planned Unit Development (PUD). 3. Other residential developments as deemed necessary by the City Council, the Planning Director or as requested by the Planning and Zoning Commission. 4. All developments outside residential zones. 5. All lots being redeveloped through a planned transition zone. (B) A site plan must be submitted to the Planning Director for approval in all low-density residential zones, before the issuance of a building permit, indicating the following requirements: 1. All property lines Page 14 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 Ammon City Council 12.21.2023Page 79 of 113 2. Names of adjacent streets 3. Setbacks on all four (4) sides of the structure to the property lines 4. Lot dimensions according to the recorded plat 5. Building dimensions 6. Access location and width of driveway a. Each property is allowed only one (1) access with a thirty (30) foot maximum width at the street, in accordance with the BMPO Access Management Plan, July 2012 and City Policy #50-001. 7. Site address including City of Ammon and Bonneville County, Idaho 8. Subdivision, Division, Lot, and Block 9. Zone 10. North arrow 11. 12. Location of utilities, including Fiber if applicable 13. Existing structures, if applicable (C) Staff shall review all site plans for compliance to the requirements of the site plan submission standards. All requirements will be forwarded to the developer for compliance. (D) Staff review of site plans shall be completed prior to final approval of any site plan. Only after signatures from all departments of the City relating to site plan approval shall the site (E) All final site plan drawings shall comply with the Site Plan Requirement sheet available from the City Planning and Zoning Department. Additional documentation may be required as necessary for complete review of any site plan. (F) Upon request for a certificate of occupancy each applicable department shall review the site for compliance with the approved final site plan. The Building Official shall not approve the issuance of a certificate of occupancy until the site has been found to be in compliance with the approved final site plan, unless it is determined by each reviewing Department Head that a temporary certificate of occupancy is appropriate for non-safety issues. Prior to the expiration of a temporary certificate of occupancy all non-compliance issues shall be brought into compliance. Page 15 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 Ammon City Council 12.21.2023Page 80 of 113 (G) Approval of a site plan shall be valid for a period of twenty-four (24) months. 10-29-16: Split Zoned Lots: The following shall address split zoned lots within the City of Ammon. (A) Split zoned lots are prohibited in the City of Ammon. (B) Upon submission of a request for final plat approval a separate document shall be submitted for staff review showing the zoning of each lot within the requested final plat. 10-29-17: GUARANTEE OF COMPLETION: The developer of a subdivision within the City shall be required to construct and install all Public improvements as required by the approved improvement drawings for each subdivision or division thereof prior to the signage of any final plat for said subdivision or produce a guarantee of completion. This guarantee of completion shall be provided in lieu of completing all infrastructure improvements prior to issuance of building permits within a subdivision as required in the City of Ammon annexation and development agreements or any other agreements approved by the City of Ammon. (A) Financial Guarantee Arrangements: Prior to commencing construction on or approving financial guarantees for any public improvements, the Preliminary Plat and Standard Development Agreement shall be approved and the standard development agreement shall be recorded. The City shall require the developer to provide a financial guarantee of performance in one or a combination of the following arrangements which said requirements shall be in addition to the requirements of any other agency responsible for the administration, operation and maintenance of the applicable public improvement. Public improvements shall include but not be limited to: roads, phone, electric, fiber optics, public water, natural gas, public sewer, fire protection, cable, lighting and required landscaping, curb, gutter, sidewalks and drainage systems. 1. Surety Bond: a. Accrual: The bond shall accrue to the City of Ammon covering all costs of construction, of the specific public improvements. b. Amount: The bond shall be in the amount equal to two-hundred percent (200%) of the total estimated cost based on the development cost agreement in item 10-29-15-(A)-1-e below, for completing construction of the specific public improvement, as recommended and approved by the City Engineer. The bond shall also include a processing fee based on the current Fee Resolution. c. Term Length: The bond shall be in force and held by the City for a period of 24 months after the public improvements are completed and Page 16 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 Ammon City Council 12.21.2023Page 81 of 113 accepted by the City. Any repairs or replacements to the public infrastructure during the initial warranty period shall automatically extend the warranty period 12 additional months beyond the initial 24 months and the bond or value related to said replacement or repair shall be extended with the warranty period and the bond in unusual circumstances beyond the afore mentioned 24-month period. d. Bonding for Surety Company: The bond shall be with a surety company authorized to do business in the State of Idaho and acceptable to the City Council. e. Development Cost Agreement: The Development cost agreement the City Engineer. Said agreement shall reflect actual cost estimates plus ten (10) percent of the improvements needed to complete subdivision. 2. Cash Deposit, Certified Check, Negotiable Bond or Irrevocable Bank Letter of Credit: a. Treasurer, Escrow Agent or Trust Company: A cash deposit, certified check, negotiable bond or an irrevocable bank letter of credit, such surety acceptable by the City, shall be deposited with an escrow agent, City Treasurer, or trust company; b. Dollar Value: The dollar value of the cash deposit, certified check, negotiable bond or an irrevocable bank letter of credit shall be equal to two hundred percent (200%) of the estimated cost based on the development cost agreement in item 10-29-15-(A)-2-d below, for completing construction of the specific public improvement, as recommended and approved by the City Engineer. c. Escrow Time: The bond shall be in force and held by the City for a minimum period of 24 months with automatic renewal until such time as after the public improvements are completed and accepted by the City, and shall further continue until all contractual warranty periods are completed. Any repairs or replacements to the public infrastructure during the initial warranty period shall automatically extend the warranty period 12 additional months beyond the initial 24 months and the bond or value related to said replacement or repair shall be extended with the warranty period. The City Engineer may extend the warranty period and the bond in unusual circumstances beyond the afore mentioned 24-month period. d. Development Cost Agreement: The Development cost agreement shall be provided by the developers registered engineer and approved by the City Engineer. Said agreement shall reflect actual cost estimates plus ten (10) percent of the improvements needed to complete subdivision. Page 17 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 Ammon City Council 12.21.2023Page 82 of 113 (B) Approval of As Built Site Improvements: With respect to financial guarantees, the approval of all as built site improvements within a subdivision or PUD shall be conditioned on the accomplishment of the following: 1. The improvements as required in the construction improvement drawings required by this title have been completed by the developer and approved by the City. 2. with an acknowledged/notarized letter. (C) Penalty in Case of Failure to Complete Construction of Public Improvements: In the event the developer shall, in any case, fail to complete such work within the period of time as required by the conditions of the guarantee for the completion of public improvements, it shall be the responsibility of the City Council to proceed to have such work completed. In order to accomplish this, the City Council shall reimburse itself for the cost and expense thereof by appropriating the cash deposit, certified check, irrevocable letter of credit, or negotiable bond which the developer may have deposited in lieu of surety bond, or may take such steps as necessary to require performance by the bonding or surety company, and as included in a written agreement between the Council and the developer. (D) Reduction and Release of Guarantee: Only after the inspecting engineer certifies that improvements are complete and free from defect, after receipt of notarized statement, and itemized bill, the City shall release the developer from the subdivision improvements agreement upon completion of all warranty periods. 1. In subdivisions where a cash deposit, certified check, or negotiable bond for guarantee of sidewalk installation only has been presented; and after completion of a minimum of fifty (50) percent of the required infrastructure improvements within the subdivision, the Developer may request up to fifty (50) percent of the deposit to be refunded. Any deposit refund request must be made in writing to the City Engineer who shall than inspect the subdivision for completion of sidewalks and notify the Developer in writing of the results of the inspection. If the City Engineer determines a refund may be processed, he/she shall then issue a request to the City Treasurer that all or a portion of the funds being held in escrow be released to the Developer dependent on the percent of completion. Calculations for refund shall be done on a lot-by-lot basis in the same method as the deposit amount was calculated. 2. The City Engineer shall be authorized to release portions of any financial guarantees and waive remaining warranty periods after finding that public infrastructure is completed, fully meets city standards, and that withholding the financial guarantee associated with the public infrastructure would provide no public benefit. Page 18 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 Ammon City Council 12.21.2023Page 83 of 113 (A) Phasing Allowed: Any existing plat which was approved and recorded on or before December 31, 2011, shall be allowed to phase development under the following conditions: 1. Any proposed phase shall be approved by the City Engineer and Planning Director. 2. No phase shall be allowed on any recorded plat with less than twenty (20) buildable lots. 3. No phase shall be allowed with less than ten (10) adjacent lots. 4. The developer shall be responsible for providing a final phased development plan showing each phase of the plat. 5. All other requirements of this section shall be met within each phased portion of a recorded plat. 10-29-18: Judicial Orders: The following shall address judicial orders in regards to lots and buildings affected by judicial order: (A) Any non-complying lot created within the City by a judicial order shall be considered a non-buildable lot until such time the lot is brought into conforming status. (B) Any non-complying lot created within the City by a judicial order containing an existing building that is made non-conforming by said judicial order shall be considered a non- conforming building until such time as the building is brought into conforming status. 10-29-19: Fees for Review: Reasonable fees sufficient to recover incurred costs may be charged. The City Council may, by resolution, adopt fees for services associated with review, processing and inspection of subdivisions. Such fees shall be reasonably related to the costs of services provided by the City with respect to the subdivision of land. 10-29-20: Penalty: Any person, firm or corporation, whether as principal, agent, employee or otherwise who fails to comply with the conditions and or requirements of this chapter shall be guilty of an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code. Page 19 of 19 SUBDIVISION REGULATIONS REVISED 05-18-2023 Ammon City Council 12.21.2023Page 84 of 113 CHAPTER 35 MULTI-USE ZONE 10-35-1: GENERAL OBJECTIVES AND CHARACTERISTICS: The purpose of the Multi-Use zone is to provide for a variety and mixture of uses, such as professional offices, small scale retail, restaurants, recreational, personal services including public facilities, and residential both single family and multi-family. Large scale commercial development may be allowed pursuant to the master plan allowances and, in most cases, should be allowed only along arterial roadways or on major collector streets. This zone is intended to ensure compatibility of new development with existing and future development. It is also intended to ensure development of properties into a plan with coordinated and harmonious development. The zone is intended to integrate both existing and new land uses within close proximity to one another, providing for the daily shopping needs and often the recreational needs of the residents. Connection within the development to the different uses should be of prime consideration as well as connections to pedestrian friendly sidewalks and/or trails from outside of the development. The general area of service for easy travel and access would generally be within a one to two (1-2) mile traveling distance from any residential property. 10-35-2: ALLOWED USES: Pursuant to 10-35-6 only the uses designated as permitted uses or those shown as permitted with master plan approval on the zoning use table located below shall be allowed within the Multi-Use zone. Those uses shown as allowed by master plan approval are not an assumed right within the Multi-Use zone and shall be considered on a case by case basis and allowed in the sole discretion of the City Council with a recommendation by the Planning & Zoning Commission. USE Adult Business - (Sexually oriented businesses) NA Amateur Radio Operator Antennas (70' or under in height) A Amateur radio towers and antennas that do not meet all the requirements M (such as maximum height) of City code 1032 Communications Towers and Antennas Ambulance services M Amusement enterprises, such as merry-go-rounds, penny arcades, etc (by A conditional use permit). (Indoor only) Amusement enterprises, such as penny arcades, carousels, swimming pools M and dance halls (Outdoor) Amusement Park, such as water parks, merry-go-rounds, etc. (Outdoor) M Animal shows - Inside, Small Animal (By event permit) A Arts and crafts shows (By event permit) A Arts, entertainment or recreation facility, indoors (maximum of 5000 square A feet) Arts, entertainment or recreation facility, indoors (over 5000 square feet) M Arts, entertainment or recreation facility, outdoor stage or music venue M Athletic Clubs (maximum of 5000 square feet) A Athletic Clubs (over 5000 square feet) M Automotive - Fuel/Charging (service) stations (excluding super service A stations) (maximum of 5000 square feet) Page 1 of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 12.21.2023Page 85 of 113 USE Automotive - Service stations-Super M Automotive body shop NA Automotive gas station/service and/or repair shop NA Automotive repair NA Automotive storage NA Automotive washing facility (Car/Pickup and Commercial Trucks) M Automotive washing facility (Car/Pickup only) M Automotive, mobile home, travel trailer, and/or farm implement sales NA Bakeries (commercial) NA Bakery plant (wholesale) NA Banks/financial institutions (with or without drive-up service) (maximum of 5000 A square feet) Beauty/barber shop (maximum of 5000 square feet) A Beauty/barber shop (over 5000 square feet) M Bed and breakfast facility M Billboards (by conditional use permit) (refer to Chapter 34 for regulations) NA Boarding or lodging house or dormitory M Boat sales and repair (By Conditional Use Permit) NA Building material, garden equipment and supplies NA Building materials including storage yards NA Building supply stores, except material sales yards and accessory storage NA buildings Buildings accessory to and incidental to uses permitted in the zone NA Bus Depots NA Businesses and establishments with vehicular drive-in and drive-through A pickup facilities Cabinet shop NA Canvas products sales and fabrication (on site, retail only) NA Car lots-New NA Car lots-Used NA Catering service A Cellular and wireless phone dealerships (maximum of 5000 square feet) A Cellular and wireless phone dealerships (over 5000 square feet) M Cement, lime, gypsum, rock wool or plaster of paris manufacturing NA Cemetery M Childcare Center 13+ (within commercial area) A Childcare Family 1-5 A Childcare Group 6-12 A Christmas tree sales (maximum of 5000 square feet) A Church M Circuses and carnivals (By event permit) A Civic, social or fraternal organizations M Clinic (Medical) (maximum of 5000 square feet) A Clinic (Medical) (over 5000 square feet) M Coffee roasting facility (maximum of 5000 sq ft) M Coffee roasting facility (over 5000 sq ft) NA Commercial Condominium Projects pursuant to Idaho State Code Title 55, A Chapter 15 Page 2 of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 12.21.2023Page 86 of 113 USE Commercial garages, but not including the storage of wrecked or dismantled NA automobiles Commercial HVAC service establishments NA Community Garden M Computer sales, service, and maintenance (maximum of 5000 square feet) A Computer sales, service, and maintenance (over 5000 square feet) M Construction sand and gravel mining NA Contractor's yard and/or shop NA Convenience Store with no fuel/charging service (service station) (maximum of A 5000 square feet) Convenience Stores (excluding super service stations) (maximum of 5000 A square feet) Convenience Stores (including super service stations) (Over 5000 square feet) M Copy/Print/Blueprint retail centers (maximum of 5000 square feet) A Copy/Print/Blueprint retail centers (over 5000 square feet) M Craft Shops - no commercial sanding or cutting allowed (maximum of 5000 A square feet) Dairy farm NA Dancing and Music Schools/Studios (maximum of 5000 square feet) A Day/Massage spa (maximum of 5000 square feet) A Day/Massage spa (over 5000 square feet) M Delicatessens (maximum of 5000 square feet) A Delicatessens (over 5000 square feet) M Distillation of bones and organic fertilizer manufacturing NA Drive-in theater NA Drugstore and Pharmacies (maximum of 5000 square feet) A Drugstore and Pharmacies (over 5000 square feet) M Dry Cleaner & Laundry Plants A Dry Cleaners & Laundry w/Pick up service (maximum of 5000 square feet) M Emergency healthcare (maximum of 5000 square feet) A Emergency healthcare (over 5000 square feet) M Emergency services - Private for profit M Engraving, print shops (excluding those print presses that are half size or NA larger) Equipment rental and sales yard NA Explosive manufacture and storage NA Farm NA Farmers' markets (outdoor) (By event permit) A Fat rendering NA Feedlot and stockyard NA Flex space (Indoor open space for lease - Weddings, Conventions, etc.) A (maximum of 5000 square feet Flex space (Indoor open space for lease - Weddings, Conventions, etc.) (over M 5000 square feet) Food preparation plants, the operation of which is not obnoxious by reason of NA emission of odors, smoke, or noise Furniture repair shops NA Garages (commercial, but not including the storage of more than ten (10) NA wrecked or dismantled automobiles) Page 3 of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 12.21.2023Page 87 of 113 USE Garbage dumps or dead animal reduction NA Glass cutting and installation NA Glue manufacturing NA Golf course and related services M Government building, offices A Greenhouse(s) M Health/Athletic clubs, spas, weight reduction salons (maximum of 5000 square A feet) Health/Athletic clubs, spas, weight reduction salons (over 5000 square feet) M Healthcare or social services (maximum of 5000 square feet) A Heliport and passenger railroad stations. (By Conditional Use Permit) NA Heliports NA Home occupation A Horticulture (general) Horticulture is the branch of agriculture that deals with M the art, science, technology, and business of vegetable garden plant growing Hospital M Hotel and motel M Hotels and hospitals for human care NA Industry Limited NA Kennel (Commercial) M Laboratories M Laundries (commercial) NA Laundromat (maximum of 5000 square feet) A Laundromat (over 5000 square feet) M Library M Livestock auctions and activities related to the handling, transporting and NA selling of livestock Machinery sales establishments NA Manufacturing, processing and fabricating establishments except those in NA which explosives or other dangerous materials are used Microbrewery M Milk distribution stations, creameries, bottling works and similar businesses NA Milling or smelting of ores NA Mobile office M Mortuaries and funeral parlors M Museum M Music studios and other music related businesses M Night Clubs NA Non-flashing signs advertising the services performed within the structure as A permitted by Title 10, Chapter 34 Nonprofit Rehabilitation center NA Nursery, plant materials M Nursing or residential care facility M Offices; Business, professional and medical (maximum of 5000 square feet) A Offices; Business, professional and medical offices (Over 5000 square feet) M Parking lots and public garages for pay M Parking lots and structures NA Parking lots Off-street in conjunction with permitted uses A Parks, public and private A Page 4 of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 12.21.2023Page 88 of 113 USES Pawn shops NA Petroleum refining and refining of crank case oil NA Petting Zoo Area - (pursuant to Title 5, Chapter 3) M Plumbing and carpenter shops and similar NA Portable classroom M Private EV Charging Station A Public EV Charging Station A Public garages and public parking lots for pay NA Public or quasi-public use facilities A Public service facilities A Public, infrastructure A Radio and TV broadcast studios, but excluding antenna towers greater than NA thirty (30) feet in height above the average terrain Radio and TV studios, with antenna towers greater than thirty (30) feet in NA height above the average terrain permitted Research and development M Research laboratories, excluding activities hazardous to explosion or fire NA Residential - Dwelling, Accessory Unit A Residential - Dwelling, multi-family, two-family duplex A Residential - Dwelling, single-family attached (up to 8 units) A Residential - Dwelling, single-family detached A Residential - Manufactured home park M Residential - Mobile home (single unit) (temporary living quarters) M Residential - Multi-family dwelling (up to 8 attached) M Residential - Multi-family dwelling (9 or more attached) M Residential Condominium Projects pursuant to Idaho State Code Title 55, A Chapter 15 Restaurant (maximum of 5000 square feet) Beer/Wine allowed by use-Liquor A allowed pursuant to HC-1 Requirements Restaurant (including those with a drive-through) (Over 5000 square feet) M Restaurants (over 5000 square feet) (alcohol allowed pursuant to HC-1 M Requirements when approved on the master plan) Retail sales - (over 5000 square feet) M Retail store - Small scale (maximum of 5000 square feet) A Retail Wine/Beer Shop - Products available for both on and off premise A consumption (maximum of 5000 square feet) Riding academies/stables NA Roadside stand (temporary structure) A Rubber manufacture NA School, public or private M Semi-public swimming pools, including water parks M Service establishments, such as dyeing, cleaning or laundry plants, printing NA plants, machine shops, blacksmith shops Shooting range-Indoor (with conditional use permit approval) NA Shooting ranges - CUP - That outdoor shooting ranges shall be first approved NA as a conditional use by the Board of Adjustment Shopping center M Shopping mall NA Sidewalk Sales (within commercial area) A Page 5 of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 12.21.2023Page 89 of 113 USES Sign shop, including painting NA Small engine repair (mower, chain saws, etc.) M Sporting goods stores (maximum of 5000 square feet) A Sporting goods stores (Over 5000 square feet) NA Stock yards, feed yards or slaughter of animals NA Storage (enclosed building) M Storage (solid obscure fenced area) M Storage Units NA Street fair (Closures of Street by permit only) A Subdivision sales office A Taxi stands and Bus Stops A Theater Indoor M Tire shop, including recapping NA Trade fair (within Flex space) (Require Event Permit) A Truck stop NA Turf and/or tree farm NA Upholstery shop M Upholstery stores and repair shops NA Vehicle repair, minor NA Vertically integrated Commercial and/or Residential project (Including a M combination of commercial and residential) Veterinary Hospitals - Large or small animal (Over 5000 square feet) NA Veterinary Hospitals - Small animal (maximum of 5000 square feet) A Vineyard NA Welding, tool shop NA Wholesale distributing houses and warehouses NA Wholesale establishments with stock on premises, but excluding NA establishments, the principal activity of which is a storage warehouse Wireless/Communication facilities (enclosed building, tower height - 60' or less) A Wireless/Communication facilities (enclosed building, tower height - over 60' M Woodworking shop NA KEY ALLOWED IN DESIGNATED ZONE A NOT ALLOWED IN DESIGNATED ZONE NA ALLOWED WHEN APPROVED ON MASTER PLAN IN MULTI-USE ZONE M (ORIGINAL OR AMENDED) 10-35-3: RESIDENTIAL PROPERTY REQUIREMENTS: All properties used for residential purposes within the zone shall require platting for each residential structure or grouping of residential structures within the zone. Setbacks for all residential structures shall be applied based on the size of the lot and the related residential zone within the City Code that would allow the same size parcel and type of structure. For those residential structures that are platted and developed in a group setting where the property and/or structure may not be fronting on a public street, the setback from the side of the building containing the main doorway shall be a minimum of twenty (20) feet from any adjacent property line and/or required setback of any adjacent building (A minimum of forty (40) feet between facing residential structures shall be required). When the main entrance of one building faces the side of another building the minimum distance shall be determined by using the required setback for the front of one building and the required side yard requirement of the second building(s). The resulting open Page 6 of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 12.21.2023Page 90 of 113 space shall be landscaped as greenspace, necessary sidewalks/trails shall be allowed within the greenspace area. 10-35-4: SHARED COMPONENT PROPERTY REQUIREMENTS: All development activities within the zone are permitted only on platted lots. All adjoining lots used for commercial and/or residential purposes that have shared access to a public street, and any single lot containing more than one commercial entity and/or residence must comply as follows: (A) All structures and grounds must 1. Be under a single ownership OR 2. Meet the requirements of a condominium property pursuant to Title 55, Chapter 15, Idaho State Code, or 3. Have an agreement which shall be recorded at the time of plat recording for maintenance and maintenance costs which specifies the responsible party/parties for any and all costs not associated to a specific building lot or unit in the development (B) All properties sharing parking with adjacent commercial and/or residential development shall provide a recorded cross access agreement for all parking facilities within the shared parking area. Said agreement shall be recorded with the final plat or if recorded prior to the final plat a copy shall be submitted with the final plat request for recording. (C) Landscaping and sprinkler systems shall be incorporated within individual properties or shall comply with the ownership requirements as described within this section or by any other ordinance within the City. All required landscaping within an area designated for commercial and/or shared residential development on an approved master plan shall be cohesive in nature and shall be uniform throughout the areas within the master plan. All landscaping requirements shall comply with all policies and codes as adopted by the City of Ammon (D) Remodeled and converted structures and properties shall comply with all requirements of this section. 10-35-5: STANDARD DEVELOPMENT OR ANNEXATION AGREEMENT REQUIRED: (A) Multi-Use zoning that is approved based on a request for re-zone shall be subject to any existing development agreement and any additional requirements that may be included as a condition for approval of the rezone. (B) Multi-Use zoning which is incorporated as part of an initial annexation and zoning shall be subject to both an annexation agreement and future standard development agreements as property is platted. 10-35-6: MULTI-USE MASTER PLANS: A master plan incorporating the entirety of a property in a Multi-Use zone, shall be submitted to the Planning and Zoning Commission for recommendation and action of approval or denial by the City Council. Page 7 of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 12.21.2023Page 91 of 113 All master plans shall require a public hearing prior to approval. The master plan may be submitted for approval as part of a public hearing for an annexation with the multi-use zone requested as the designated zone, or for a re-zone request hearing. As part of a master plan approval, those uses listed as allowed by master plan approval shall be included as part of the master plan request documentation. The public hearing requirement for any master plan approval shall meet the requirements of Idaho Code 67-6509 and any additional requirements for hearings adopted by the City of Ammon. An application for a master plan shall be submitted on the Plan Review Application form and shall include all documentation required on the application form prior to assignment of a hearing date. Master plans are not required to show the exact locations of commercial and residential areas, rather it will be required to provide general locations of these areas within the master plan. It is the intent of the City to allow flexibility for placement and boundaries between other uses within the property designated as multi-use. Amendments to a master plan shall be approved through the same requirements as an original approval for said master plan. Any approval of an amended master plan may be subject to the revision of the special conditions within an existing annexation/standard development agreement. 10-35-7: QUALIFICATIONS RELATED TO USE OF THIS ZONE: The following shall be guidelines for the approval of a property to be zoned multi-use: (A) Prior to platting of property in a multi-use zone, a master plan approval showing the general areas of the different types of uses within the zone shall be received by the Planning and Zoning Commission with final approval of the City Council. (B) If it is determined that the development will service an existing area or development adjacent to the zone and meet the intent of the multi-use zone designation, use of the multi-use zone may be allowed to be entirely one type of use designation (commercial or residential). Access to adjacent zoning uses and development shall be a consideration in granting this type of multi-use zoning request. (C) If it is determined that the development will not service an existing area or development adjacent to the zone, it shall be required that the development contain a simple majority of commercial property based upon acreage Those areas that include vertical integration of commercial and residential property will require a simple majority of commercial area based on square footage. 10-35-8: USE OF PLANNED UNIT DEVELOPMENT OVERLAY (PUD): In some cases, the developer within the Multi-Use zone may wish to apply a PUD Overlay to a Multi-Use zone. In those cases, the developer shall be required to follow and adhere to all requirements of the PUD Overlay approval process as outlined within the City Code. 10-35-9: LIGHTING: Exterior lighting within the multi-use zone shall be required to meet the following standards: (A) Light overlap or trespass onto adjacent properties shall be taken into consideration as part of the review of all master plans. While lighting is not required to be provided on a master plan both the Planning and Zoning Commission and City staff may provide input in areas where such light overlap or trespass may be a concern. Lighting types to be considered include, but are not limited to, street lighting, parking Page 8 of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 12.21.2023Page 92 of 113 lot lighting, building exterior lighting, landscape lighting, plaza, walkway and trail lighting. (B) Any lights used to illuminate a site shall be arranged to reflect light away from the adjoining property. (C) Lighting design shall promote dark sky principles which seek to minimize light pollution and degradation of the nighttime skies by incorporating lighting practices that minimize the amount and area of illumination. Such practices include: 1. Providing lighting fixtures with lamp wattages designed for the minimum level required by the use. 2. Providing energy efficient light sources. 3. Minimizing light trespass and glare by aiming fixtures downward and shining light only where it is needed and providing appropriate shielding as necessary to ensure that little or no unwanted light falls directly onto adjacent property. 4. Minimizing the duration of illumination of certain light sources by having lights out as long as practical. Owners and tenants will be encouraged to limit the times of lighting within a development whenever practical. 5. Special attention shall be given by the developer regarding mixed use buildings that may provide both commercial and residential uses within the same building. At site plan review time, City Staff may make recommendations to the developer regarding possible lighting conflicts within the site accommodations when lighting may conflict between uses. (D) The developer shall install streetlights at locations required by the City Engineer and shall meet any standards or policies adopted by the City for street lighting. All street lighting shall continue to follow the requirements set forth in this ordinance regarding light overlap or trespass. (E) All street and public open space lighting required as part of a multi-use development shall be included into a lighting district prior to the final approval of any roadways or acceptance of any park/streets within the development. Said lighting district shall assess the cost of maintenance and power to all properties within the development on an equal per lot basis, unless at the time of formation of a lighting district the Board of Directors of the lighting district agrees and orders an assessment considered to be more equitable to the property owners within said district. 10-35-10: SIGNAGE: Signage that is within a multi-use development should be a major consideration of the Commission and the developer at the time of a master plan application. The following items shall be considered for any signage other than the required streets and traffic control signage which shall be as required by the City Engineer. (A) Poles signs above twenty (20) feet in height from grade level shall be reviewed for placement and encouraged to be within the development on the exterior boundaries of the multi-use development or as approved on the master plan along arterial roadways. (B) Poles signs within the interior of a multi-use development are discouraged and the developer encouraged to plan for a standardized interior signage requirement. Page 9 of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 12.21.2023Page 93 of 113 (C) Consideration on interior signage should be given where commercial and residential buildings are adjacent to or part of the same building. (D) All signage is encouraged to be energy efficient. (E) All signage lighting should be designed to keep lighting overlap into adjacent properties at a minimum, especially residential use properties. (F) All signage requested on buildings within the multi-use zone where both a commercial and residential use is contained shall follow the dark sky principals and should be designed to alleviate up lighting and lighting into residential portions of the building. The developer shall be required to provide a lighting analysis showing the dark sky principals have been followed in the design of any on-building signs used for commercial business location or for building identification signage. 10-35-11: SPECIAL PROVISIONS: (A) No dust, odor, smoke, vibration or intermittent light, glare, or noise shall be emitted which is discernible beyond the premises, except for normal residential activities and movement of automobile traffic. (B) Landscaping shall be as set forth in section 10-5-24. (C) All merchandise, equipment, and other materials, except vehicles in running order and seasonal merchandise such as nursery stock, fruits and vegetables within a commercial area, within a commercial/residential area or any multi-use residential area with more than four (4) attached living units, shall be stored within a fenced site which shall be a sight obscuring enclosure constructed of block fencing or similar as approved by the City Engineer. (D) All commercial sanitation dumpsters shall be required to be stored within a fenced site which shall be a sight obscuring enclosure constructed of block fencing or similar as approved by the City Engineer. (E) Off street parking shall be provided, as required in this ordinance, and shall be hard surfaced. Page 10 of 10 MULTI-USE ZONE REVISED 05-18-2023 Ammon City Council 12.21.2023Page 94 of 113 Ammon City Council 12.21.2023Page 95 of 113 Ammon City Council 12.21.2023Page 96 of 113 Ammon City Council 12.21.2023Page 97 of 113 Ammon City Council 12.21.2023Page 98 of 113 Ammon City Council 12.21.2023Page 99 of 113 Ammon City Council 12.21.2023Page 100 of 113 Ammon City Council 12.21.2023Page 101 of 113 Ammon City Council 12.21.2023Page 102 of 113 Ammon City Council 12.21.2023Page 103 of 113 Ammon City Council 12.21.2023Page 104 of 113 Ammon City Council 12.21.2023Page 105 of 113 Ammon City Council 12.21.2023Page 106 of 113 Ammon City Council 12.21.2023Page 107 of 113 Ammon City Council 12.21.2023Page 108 of 113 Ammon City Council 12.21.2023Page 109 of 113 Ammon City Council 12.21.2023Page 110 of 113 Ammon City Council 12.21.2023Page 111 of 113 CHAPTER 40 DEVELOPMENT AGREEMENTS SECTION: 10-40-1: Applicability 10-40-2: Classes of Development Agreements 10-40-3: Limitations 10-40-4: Application Procedures 10-40-1: APPLICIBILITY: At its sole discretion, the City Council may require conditions in a Development Agreement specific to the land use request that exceeds or supplements the underlying zoning requirements. Any restrictions or conditions required by the City Council are intended to maintain and enhance the public health, safety, and general welfare of current and future residents of the community and to ensure the financial stability of the City of Ammon to carry out all required public services for the new development while not compromising City of Ammon infrastructure and the level of service to existing residents and businesses. 10-40-2: CLASSES OF DEVELOPMENT AGREEMENTS: The following two classes of development agreements may be utilized to make a contractual commitment concerning the use or development of a subject parcel. Both classes are referred to as Development Agreements but have different statutory requirements. 1. Standard Development Agreement (SDA). As a condition of approval for any land use decision or land use activity, with the exception of rezone applications, the City Council may require the applicant to enter into a Standard Development Agreement with the City of Ammon. A request to enter into a Standard Development Agreement for a subject property may be submitted by the applicant or required by the Commission, the City Council, or by the City Administrator, including the Planning and Zoning Director, or City Engineer, at any time prior to final approval. A Standard Development Agreement is a binding contract between the City of Ammon and the owner or developer of a property. Failure of the developer or land owner to comply with the terms of the Standard Development Agreement will result in immediate issuance of stop orders for the development and in the immediate prohibition in the issuance of any additional building permits or certificates of occupancy. Said Standard Development Agreement may include various special conditions specific to the development. Public notice or public hearing is not required for adoption or modification of a Standard Development Agreement unless otherwise required by law. 2. Conditional Rezone Agreement (CRA). Conditional Rezone Agreements are subject to Idaho Code Section 67-6511A. Pursuant to Idaho Code Section 67-6511, the City Council may require a Conditional Rezone Agreement as a condition of rezoning any property. A request to enter into a Conditional Rezone Agreement for the subject property may be submitted by the applicant or required by the Commission, the City Council, or the Administrator, including the Planning and Zoning Director, or City Page | 1 DEVELOPMENT AGREEMENTS 04-21-2022 Ammon City Council 12.21.2023Page 112 of 113 Engineer, at any time prior to final approval of the rezone. A Conditional Rezone Agreement is a contract between the City of Ammon and the owner or developer of a property within the City of Ammon. Failure of the developer or land owner to comply with the terms of the Conditional Rezone Agreement will result in immediate revocation of the rezone and in the issuance of stop orders for the development and in the immediate prohibition in the issuance of any additional building permits or certificates of occupancy. Notice is required for all Conditional Rezone Agreements, pursuant to Idaho Code 67-6511A. 10-40-3: LIMITATIONS: 1. Subject to Underlying Zoning. A development agreement shall not be used to waive, reduce, relax, or otherwise minimize any underlying zoning restrictions that are required by ordinance. The proposed use shall meet all land-use requirements of the underlying zoning district in addition to any Standard Development Agreement or Conditional Rezone Agreement with any special conditions thereto. Any discretionary conditions as applied shall be in addition to the zone's minimum requirements. 2. Subsequent Actions. A Standard Development Agreement or a Conditional Rezone Agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new standards, regulations, or policies that do not conflict with commitments applicable to the property as set forth within a duly executed agreement. 3. Encumbrance. The property owner(s), co-property owner(s), developer(s), agent(s) of property owner or developer, assignee(s) of property owner(s) or developer(s) and all subsequent property owners or developers of the real property that is encumbered by any class of Development Agreement shall comply with all conditions, terms, obligations, and duties contained in said agreement. Failure to comply shall result in immediate revocation of the rezone and in the issuance of stop orders for the development and in the immediate prohibition in the issuance of any additional building permits or certificates of occupancy. 4. Modification and Termination. Any class of Development Agreements may be amended at the discretion of the City Council. All classes of Development Agreements may be conditioned to expire after a prescribed time limit authorized by the City Council. 10-40-4: APPLICATION PROCEDURES: A request for any class of Development Agreement must be filed with the City of Ammon on the official form as provided by the Administrator. All items as identified on the official application form must be submitted. After reviewing the application, the Administrator shall determine whether the application is complete. After the application is deemed complete, the Administrator shall process the application as required by city ordinance or State Code, whichever applies. Page | 2 DEVELOPMENT AGREEMENTS 04-21-2022 Ammon City Council 12.21.2023Page 113 of 113