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Black Canyon Ordinance - Pages 39-58

_____ _____ SECTION 11: DEVELOPMENT AND DESIGN GUIDELINES:

A. Purpose and Intent: The following guidelines illustrate the general level of design and development control that will be applied to development of the residential and nonresidential parcels within the overall project. The DRC will review development and site plans, architecture and landscape designs in Black Canyon. The DRC may recommend modification of these standards to, as long as general project intent and theme is maintained. DRC responsibilities will include the review and approval of development or building plans, elevations, materials, colors, fencing, signage, lighting, landscaping and parking arrangements prior to permit application to Gem County.

B. Declaration of Covenants, Conditions and Restrictions (CCRs): Specific responsibilities and standards will be further defined in the Declaration of Covenants, Conditions and Restrictions (CCRs) which will also serve to control design and development at Black Canyon. The DRC shall have sole authority in determining compliance with the CCRs and design guidelines.

C. Architecture: Black Canyon is not intended to be developed with one prevalent architectural style. Variety in the architecture is encouraged. An emphasis, however, will be placed on architectural styles that compliment the theme of Black Canyon, the use of quality materials and complementary relationships between building and site design features In particular:

1. Building scale and height should relate to topography, lot sizes and setbacks. A mix of one and two (2) story units in the rural residential neighborhoods will be encouraged. Custom homes on slope sensitive lots should use hillside adaptive design techniques such as post and beam construction and daylight basements to minimize streetside and rear yard facade exposure. Building heights in the townhome or condominium residential neighborhoods as well as nonresidential uses may be taller but should have a massing and scale compatible where there are adjoining single-family residential uses.

2. Building form should conform to site topography, and where reasonably possible, not overwhelm natural site features. Step structures with slope, and cut into hillsides will be encouraged to reduce visual bulk.

3. Unless constrained by site conditions, homes on rural, acreage and large lots shall have side or rear-entry garages (garage doors not directly facing the street).

4. No flat roofs or rock-covered roofs are permitted. Tile, concrete tile, metal, architectural grade composition shingle or other materials approved by the DRC are permitted. Wood shake roofs are prohibited.

5. In order to avoid the appearance of a false appliqué, no material changes shall be allowed on corners or where structures abut common areas. If material changes occur, they must occur at logical changes in building form.

6. Mechanical equipment on roofs, aboveground transformers, satellite dishes, active solar panels, utility equipment and loading, service and storage areas generally will be screened from view from the streets, pathways, public areas and adjacent uses. Commercial trash enclosures and maintenance structures shall be designed to be compatible in style, materials and colors with the main building and shall be of permanent construction.

_____ _____ SECTION 12: SUBDIVISION IMPROVEMENT STANDARDS

The development of any phase shall be subject to the following conditions and specifications. The DRC has absolute discretion to recommend the waiver of any or all of these requirements to achieve the overall design and theme of Black Canyon. Any such recommendation shall be in writing and included as part of any application to develop any phase other than Phase One.

A. Monuments: Monuments shall be set in accordance with Section 50-1303, Idaho Code .

B. Streets and Alleys: All streets and alleys shall be constructed in accordance with the standards and specifications adopted herein. The standards contained within this ordinance shall govern. The design of the vehicular and pedestrian circulation system at Black Canyon will meet the safety and functional intent of the American Association of State Highway and Traffic Officials (AASHTO) design standards while not compromising the aesthetic, environmental, and community building goals of the project. Provided, however, that gradients of local streets shall not exceed slopes of ten percent (10%) and collectors shall not exceed seven percent (7%).

C. Curbs and Gutters:

1. Vertical or rolled curbs and gutters shall be constructed on collector and arterial streets within phases. They are not required in industrial, rural or unplatted areas.

2. Rolled curbs and gutters shall be required on all minor streets in commercial zones and in residential zones except where the gross density of the phase is less than one (1) home per five (5) acres.

3. Driveways, Curb Cuts: All driveway openings and curbs shall be designated on the submittal plans.

D. Street Signs: Street name signs shall be installed in the appropriate locations at each street intersection in accordance with the local standards.

E. Streetlights: Streetlights shall be installed in accordance with Gem County requirements. Black Canyon shall own and maintain all street lighting unless Gem County or other public agency agrees to ownership and maintenance.

F. Pedestrian/Bicycle Pathways: Pathways are intended to encourage non-motorized forms of travel routes to common destinations such as schools, parks, shopping centers, etc.

1. Location: The following factors will be considered in the placement of any pathway include: the utility and need for a given pathway, impacts to existing neighborhoods, pathway design as it relates to both crime prevention and function, and the responsibilities of ownership, maintenance, and liability. In particular, the location and convenience of access to:

a. Schools

b. Parks

c. Commercial centers

d. Recreation areas

e. Public lands

f. Public safety concerns where pedestrians, cyclists or equestrians have to travel near a collector or arterial roadway that poses a hazard.

2. Design: The design of any pathway may include paving or a surface appropriate to the type of anticipated use such as gravel or sand for equestrian or mountain bike usage; pavement for pedestrian and bicycles. If constructed, the following shall be followed:

a. Pavement: If paved, the paved portion of the pathway may range from five feet (5') to ten feet (10') in width. Micropathways within subdivisions that are designed for primary use by the residences of the subdivision shall be a minimum five feet (5') wide.

b. Barriers: Barriers may be placed at the terminal ends of paths to restrict use by motor vehicles while allowing use by bicycles, wheelchairs and other modes of travel.

c. Landscaping: Pathways need not be landscaped. If landscaped, the landscape area shall be not less than two (2) feet if a meandering paved pathway, nor more than five (5) feet wide on either side of the pathway. Site constraints such as barrow ditches may permit deletion of the landscaped area between the pathway and the barrow pit. For safety purposes, planting material shall be limited to three (3) feet in height at maturity. The landscape, any fencing allowed or any structures shall be a note on the plat.

d. Fencing is not required. However, if fencing is utilized at the boundary of the landscaped area, and is not the side or rear yard of a residence, then if less than four (4) feet in height, sight obscuring fencing may be used. If exceeding five (5) feet in height non-sight obscuring fencing shall be used.

G. Sidewalks: Sidewalks are not required between phases. Within phases, the following shall apply:

1. Sidewalk Requirements: Sidewalks are required on both sides of the street in residential and commercial areas except where the average width of the lots, e.g., all residential lots or all commercial lots, as measured at the street frontage line or at the building setback line, is over one hundred feet (100'). In that event, a sidewalk is only required on one side of the street. Sidewalks are not required in any other zone. If they are constructed, they shall comply with the following:

2. Sidewalks shall be a minimum of five (5) feet wide.

3. Sidewalks and crosswalks shall be separated from the edge of the abutting roadway and/or back of curb by a minimum five (5) foot wide landscape strip. The landscape strip shall be completed with sod, automatic irrigation, and planted with plantings in accordance with the approved landscape plan for that phase.

H. Underground Utilities: All utilities shall be placed underground.

I. Water Supply and Wastewater Systems: It is the intent that all domestic water and wastewater treatment within Black Canyon be through the domestic water and wastewater treatment systems constructed as part of Phase One. Provided however, that rural lots and residential lots five (5) acres or larger are not subject to this provision. The DRC may recommend approval of a Phase or property utilizing a different system, whether shared or individual, based solely on the determination that it is not feasible to connect to the community systems. If approved, any such system shall comply with all requirements of SWDH and IDEQ.

J. Pressurized Irrigation Systems: It is the intent that all irrigation within Black Canyon be through the pressurized irrigation system constructed as part of Phase One. Provided, however, that rural lots and residential lots five (5) acres or larger are not subject to this provision. The DRC may recommend approval of a Phase or property utilizing a different system, whether shared or individual, such system shall comply with the following requirements:

1. The pressurized irrigation system may have a backup connection to a potable water system with the approval of SWDH and Idaho Department of Water Resources (IDWR) and shall include the installation of a state approved reduced pressure backflow prevention assembly or an air gap separating the irrigation system and the potable water system.

2. The pressurized irrigation system shall be designed by a licensed professional engineer registered in the state of Idaho, and the construction plans for the system shall be reviewed and approved by the DRC.

3. The system shall comply with Section 31-3805, Idaho Code.

K. Storm Drainage and Flood Control: Each phase shall include an adequate storm drainage system to accommodate storm water runoff from the public rights of way and to preclude off-site drainage in accordance with the State of Idaho Public Works Standards (IPWS) as amended from time to time, and as more fully set out in the City of Emmett Storm Water Management Design Manual as amended from time to time in accordance with the IPWS. Each system shall comply with the following:

1. Interceptor Ditches: Interceptor ditches shall be established above all cut/fill slopes, and the intercepted water conveyed to a stable channel or natural drainageway with adequate capacity.

2. Curb, Gutter And Pavement Design: Curb, gutter and pavement design shall be such that water on roadways is prevented from flowing off the roadway.

3. Runoff From Impervious Cover: Runoff from areas of concentrated impervious cover (for example, roofs, driveways and roads) shall be collected and transported to a natural drainageway with sufficient capacity to accept the discharge without undue erosion.

4. Deposit Of Waste Material Prohibited: Waste material from construction, including soil and other solid materials, shall not be deposited within the one hundred (100) year floodplain.

5. Drainageways Or Hydraulic Structures In Major Waterways: Drainageways or hydraulic structures in major waterways (defined as draining a basin area of ten (10) acres or more) shall be designed for the one hundred (100) year flood.

6. Storm Drainage Retention Facilities: On site retention or partial on site retention of storm drainage from new developments is required in any case where, due to development activity, such drainage would be increased either in peak flow rate or in total quantity from that previously discharged from the land or property being developed. Complete retention is required in all cases except those where: 1) runoff flows directly, without crossing intervening property, into an existing drain ditch or other drainage facility that is operated and maintained by a drainage receiver, and 2) such drainage receiver agrees, as evidenced by valid and binding public document, to receive a certain definite quantity of storm drainage from the development. Retention on site of any drainage not so accepted by a drainage receiver or of any drainage in excess of the quantity accepted by a drainage receiver is a duty of the current property owner at any time.

7. Retention or partial retention facilities shall be provided as an essential part of such development. Design and construction of such retention facilities shall conform to standards stated herein. All facilities shall be maintained on an on going basis in order to perform as designed. Should any of the provisions of other agency requirements conflict with the standards set forth herein, the higher standard shall apply.

8. Sediment Catchment Ponds: Sediment catchment ponds shall be constructed and maintained downstream from each development, unless sediment retention facilities are otherwise provided. Any facility used shall provide for the removal of surface debris and contaminants, as well as sediment retention.

9. Completion And Operation Deadline: The overall drainage system shall be completed and made operational at the earliest possible time during construction.

10. Alterations Of Major Drainageways: Alterations of major drainageways shall be avoided except for approved road crossings and drainage structures.

11. Natural Or Improved Open Channel Drainageways: Natural or improved open channel drainageways shall be preserved or provided for in major waterways; except, that at road crossings, conduits may be permitted. Minor waterways shall be permitted to be enclosed in conduits.

12. Drainage System Plans: Drainage system plans shall show how lots will be graded so that all runoff runs either over the curb, or to a drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement.

L. Fire Hydrants and Water Mains: Adequate fire protection shall be required in accordance with the fire district standards as modified by any requirements herein.

M. Construction Plans: The developer of each phase shall provide all information required by Gem County for any subdivision application. Construction plans shall be prepared by an engineer licensed in the state of Idaho and shall include profiles, cross section, specifications and other supporting data, for all required public streets, utilities and other facilities. Such construction plans shall be based on preliminary plans, which have been approved with the preliminary plat, and shall be prepared in conjunction with the final plat. Construction plans are subject to approval by the responsible public agencies and all construction plans shall be prepared in accordance with the public agencies' standards or specifications.

N. Public Works Standards: This Ordinance hereby adopts the current Edition of the Idaho Standards for Public Works Construction (ISPWC). Prior to any public work development or construction, the contractors or developers shall review the above-adopted standards. Contained below are additional standards, which are to be used in addition to the ISPWC. These standards shall control unless the standards adopted herein are more restrictive than the ISPWC. In any event, the DRC shall have the absolute discretion to waive compliance with these standards unless such waiver poses a serious risk to the public health or safety. These standards are set out for convenience.

1. Specific Sections: All materials, construction, testing, and inspection shall be in accordance to the current ISPWC Divisions 300, 400, and all other applicable divisions therein.

2. Fire Flow: The water distribution system shall provide, as a minimum, the following fire flows for new subdivision development in the appropriate Land-Use Zone

a. Black Canyon Commercial (BC-C) 3,000 gpm.

b. Black Canyon Industrial (BC-I) 3,000 gpm

c. Black Canyon Public Services (BC-S) 3,000 gpm

d. Black Canyon Recreational (BC-Rec) 3,000 gpm

e. Black Canyon Residential (BC-Res) 1,500 gpm

f. Black Canyon Rural (BC-Rural) 1,500 gpm

3. Fire Hydrants: Fire hydrants specifications and location shall be reviewed and approved by Gem County Rural Fire District having jurisdiction.

a.. S pacing shall not exceed five hundred (500) foot intervals.

b. All water mains installed on cul-de-sacs or similar dead end streets shall have a hydrant located at the end of the water line;

•  A shut-off valve shall be provided for each hydrant, no closer than five feet to the connection flange.

4. Water Pipe Fittings and Valves:

a. Materials: All Water Pipe, Fittings, and Valves shall be in accordance with current edition of the ISPWC Section 401.2 and 402.2.

b. Water Mains: Water Mains shall be tested prior to permitting such water mains to be open to the distribution system. A representative from the appropriate jurisdictional authority shall be present during all water main testing. The developer's engineer shall provide certification of testing and testing results to the DRC and Gem County.

c. Disinfection: Water mains shall be disinfected according to the specifications set forth in the current edition of the ISPWC section 401.3.9 prior to leak and pressure testing.

d. Pressure Testing: Water mains shall be pressure tested according to the specifications set forth in the current edition of the ISPWC section 401.3.6. All valves shall be exposed prior to testing. If pressure during testing drops 5 psi or more, the test is considered to have failed regardless if leakage is below allowable.

e. Trench Compaction Testing: Trench compaction testing shall be once every 300 linear feet of water line placed with a minimum of two test locations. Testing and retesting shall be in accordance with the specifications set forth in the current edition of the ISPWC section 306.3.3.B.

f. Location: Water mains shall be designed so a minimal number of non-potable water crossings occur in the construction for developments and that they generally follow the center line of streets as close as possible. All water line locations shall be approved by the DRC and Gem County engineer. In cases where water pipe crosses a non-potable water line constructed with water class pipe, the distances between the pipes shall not be closer than four (4) inches and shall be separated by the placement of four (4) inches of rigid foam board.

g. Size: Water main size shall be engineered to supply appropriate flows but in no case less than six (6) inches in diameter.

h. Valve Configuration: Valve

(1) At a minimum, all tees shall have one valve on the run and one valve on the branch.

(2) All crosses shall have valves on all legs.

(3) When connecting new water line to an existing water line that is ten (10) inches or greater, a valve at all branches (except at a hydrant) is required.

i. Cover: Water mains shall have a minimum of forty-two (42) inches cover and a maximum cover of sixty (60) inches. Cover greater than sixty (60) inches may be allowed where obstructions occur, but must be approved by the DRC and the Gem County engineer.

j. Dead-End Water Mains: Dead-end water mains shall be avoided. They shall be permitted only where water service from phase to phase is designed to continue along the water main run, or on approved cul-de-sacs. If approved, they shall:

(1) T erminate with a valve followed by at least 10 feet of water line with an end cap and thrust block clearly marked at the surface.

(2) Have a Fire Hydrant within 10 feet of the termination of the main.

(3) A water valve placed at the nearest tee, cross, or on the leg of the dead end run.

k. Water Main Stubs: No water services shall be installed on water main stubs to future phases.

l. Water Valves: Water Valves shall be anchored to tees or crosses when appropriate with all-thread bolts (stainless steel or galvanized) or strapped to thrust blocks with galvanized straps and approved by the Gem County engineer.

m. Watertight Plugs: At all times, when laying pipe is not in progress, open-end pipe shall be closed by watertight plug.

n. Tampering: Contractors working in Black Canyon are not to open, close, or tamper with any valve. The contractor shall notify the DRC when a valve needs to be opened or closed.

o. Service Lines: Service lines shall be constructed in accordance with ISPWC.

p. Saddles: Saddles for water mains shall be stainless steel. Saddles are required at all main line connections. Saddles twelve (12) inches or greater shall have a stainless steel double strap.

o. Corporation Stop: Corporation stops required at all main line connections.

p. Curb Stop: A curb stop is required at the base of the meter setter on the water main side..

q. Meter Setter: Meter setters shall be an 18" minimum and have a dual check valve. A five (5) foot section of pipe shall be extended on the customer side of the meter vault. Meter setter shall be centered in meter vault.

r. Meter Vaults: Single Meters: Meter vaults shall be made of eighteen (18) inch smooth interior corrugated HDPE pipe, ADS N-12. Meter vault lids shall be eighteen (18) inches with knockout in place. Meter vaults shall be located on the opposite side of a building lot from the location of mailboxes.

s. Meters: Meters are required for each water service and shall be “touch read” style.

t. Location of Water Service: Water services shall be located within the right of way approximately one foot (1') from the property line.

5. Sanitary Sewer: All materials, construction, testing, and inspection shall be in accordance to the current edition of the ISPWC Divisions 300, 500, and all other applicable divisions therein. Sanitary Sewer pipe shall extend to the boundaries of the current phase, taking into consideration future development of subsequent phases.

a. Materials: Sewer pipe shall be ASTM 3034 SDR 35 PVC pipe or the appropriate jurisdictional authority approved equivalent. Trench Backfill shall be Type A backfill according to the specifications set forth in the current edition of the ISPWC section 306.3.3. Trench shall include nonmetallic tape identifying the sanitary ewer pipe.

b. Testing: Sanitary Sewer Mains shall be tested prior to permitting such sewer main to be open to the collection system. A representative of the appropriate jurisdictional authority or authorities shall be present during all sewer main testing. The developer's engineer shall provide certification of testing and testing results to the DRC and Gem County.

(1) Pressure Testing: Sanitary Sewer mains shall be pressure tested according to the specifications set forth in the current edition of the ISPWC.

(2) Visual Test: A televised video of all sections of sewer mains shall be provided to the DRC and Gem County. All visible leaks shall be repaired, even though the leakage may be below allowable limits. All repairs shall be inspected by the Gem County engineer and approved prior to backfilling.

(3) Trench Compaction: Trench compaction testing shall be once every three hundred (300) linear feet of sewer line placed with a minimum of two (2) test locations. Testing and retesting shall be in accordance with the specifications set forth in the current edition of the ISPWC.

(4) Trench Compaction Testing: At all times, when installing pipe is not in progress, open-end pipe shall be closed by watertight plug.

c. Water Tight Plugs: At all times, when installing pipe is not in progress, open-end pipe shall be closed by watertight plug

d. Terminate Pipeline: The pipeline shall be terminated with a manhole when a stub extends greater than one hundred (100) feet.

e. Manholes:

(1) Materials: Sewer manholes shall be constructed in accordance with current edition of the ISPWC.

(2) Testing: Sanitary sewer manholes shall be tested prior to permitting such sewer manhole to be open to the collection system. Testing shall be in accordance to current edition of the ISPWC. The Gem County engineer or other appropriate personnel shall be present during testing. The developer's engineer shall provide certification of testing and testing results to Gem County.

(3) Location: Sewer manholes shall be located within five (5) feet of the centerline of the street.

(4) Grade Rings: Cast in place concrete blocks shall be installed in place of grade rings. The block shall not exceed twelve (12) inches in height and shall be grouted to the cone section of the manhole and to the manhole frame.

(5) External Sealing System: All manholes shall be watertight. An external sealing system shall be required to be installed on the outside of the manhole at the barrel joints in addition to the joint sealing system specified in the current edition of the ISPWC. The external sealing system shall be pre-approved by the Gem County engineer.

(6) Connection: Connection into an existing manhole or construction of a drop manhole or special manhole shall not be accepted without full time inspection by the Gem County engineer or other appropriate personnel.

f. Pressure Sewer Pipes:

(1) Materials: All pressure sewer pipes shall be in accordance with the current edition of the ISPWC. Pressure sewer pipe shall be pre-approved by the Gem County engineer.

(2) Testing: Sanitary sewer pressure mains shall be tested prior to permitting such sewer main to be open to the collection system. Testing shall be in accordance to current edition of the ISPWC. Appropriate Gem County personnel shall be present during testing. The developer's engineer shall provide certification of testing and testing results to the jurisdictional authority. Trench compaction testing shall be completed once every 300 linear feet of pressure line placed with a minimum of two test locations. Testing and retesting shall be in accordance with the specifications set forth in the current edition of the ISPWC.

(3) Locating Wire Boxes: Boxes s hall be in accordance current edition of the ISPWC. Locating wire boxes shall be installed on pressure sewer mains at a maximum spacing of four hundred (400) feet.

(4) Cover: Pressure sewer mains shall have a minimum of 42" cover and a maximum cover of 60". Cover greater than sixty (60) inches may be allowed where obstructions occur, but must be approved by the Gem County engineer.

g. Sewer Services:

(1) Connection to Mains: Service wyes or tees shall be used on new main installations. Saddles are not acceptable. All sewer services shall be connected to the sewer main. In the event that a service is connected to a main line by means of a manhole, the service flow direction shall be pointed down stream and at an angle of less than 45 degrees to the direction of flow.

(2) Service Markers: In addition to requirements set forth in the current edition of the ISPWC, sewer services shall also be marked with a 4 foot long 3/8" rebar and with a permanent stamp in the sidewalk.

h. Sewage Lift Station: Sewage lift station design shall be reviewed and approved by the appropriate jurisdictional authority.

6. Storm Sewer/Drainage: All materials, construction, testing, and inspection shall be in accordance to the current edition of the ISPWC Divisions 300, 600, 1000, and all other applicable divisions therein. All proposed storm sewer and drainage plans shall be submitted with the preliminary plat for the particular phase after approval by the DRC. The DRC or Gem County may waive any of the following standards so long as such waiver shall not pose a risk of harm to the public.

a. Best Management Practices: All proposed developments shall use the appropriate “Best Management Practice” mitigation measure as defined in the Catalog of Storm Water Best Management Practices for Idaho Cities and Counties' by Idaho Division of Environmental Quality (IDEQ) as required for the storm water constituent and/or contaminant deemed to be removed. Design and construction of such measures shall be as a minimum according to the above referenced catalog, meet requirements of the Storm Water Discharge Permit for the development and must be approved by Gem County and any other agency having jurisdiction..

b. Site Evaluation: Site conditions that should be evaluated include, but are not limited to the following:

(1) Permeability and types of soil and subsurface materials underlying the BMP (within 10' of the bottom of the BMP;

(2) Size of the drainage area served and the generated runoff volume in relation to the size of the BMP;

(3) Slope and geometry of the site;

(4) Proximity and classification of bedrock beneath the bottom of the BMP;

(5) Land uses and potential contaminant types;

(6) Proximity to surface water;

(7) Proximity to public and private drinking water supply wells and intakes;

(8) Site-specific factors related to past use, including soil and ground water contamination.

c. Plan Submittal Requirements: A Storm Water Management Plan (Plan) is required for new development projects with drainage areas over 20,000 square feet in the area to be developed. The plan must be stamped and signed by a licensed professional engineer. In addition, the plan shall contain all of the components listed in the checklist below. Review of the plan will be delayed if the submittal is incomplete. The following is the required checklist:

(1) Drainage Analysis prepared and certified by a licensed professional engineer.

(2) Topographic survey of the development showing existing drainage and irrigation water conveyance systems within the property line or developed site.

(3) Show pre-developed and finished grade contours at 2' intervals. Greater contour intervals may be used if the grade information is unreadable. For sites less than one acre and with less than 2% cross grades, submit pre-development and finished grade spot elevations along the property lines and at key points within the project site instead of a topographic survey.

(4) Elevations of adjoining lots and finished floor elevations for all proposed buildings on site.

(5) Peak flow rate calculations (pre- and post-, if applicable).

(6) Runoff volume calculations (pre- and post-, if applicable).

(7) Plan of new or modified drainage systems, including system dimensions. Include profiles or spot elevations at key locations.

(8) Grades of all impervious surfaces.

(9) Flood routing and computations for the 100-year flood through the site.

(10) A drainage report including the basis for design, narration of the design, and the operation of the drainage system. Minor design adjustments are acceptable if the applicant provides supporting design documentation. For multi-phase developments, the drainage report must include pertinent data from other phases.

(11) Standard note on the plans requiring inspection of the drainage facilities by the Gem County engineer.

(12) Copies of associated permits, easements, and discharge agreements.

(13) Operation and Maintenance (O&M) Plan if necessary.

d. Review: The storm drainage management plan shall be reviewed and approved as part of the preliminary plat process both before the DRC and Gem County.

e. Drainage Easements: All storm water control facilities and natural drainage channels, not part of a new subdivision, shall be located in designated and reserved storm water easements. Easements shall be located to provide access for routine inspection and shall be sized for access of construction equipment and activities that may be needed for maintenance and repair work.

f. Discharge into Drains or Canals: Storm water discharge shall not be permitted to drain into canals, drains or natural streamways without sufficient treatment prior to discharge.

7. Pressurized Irrigation: All materials, construction, testing, and inspection shall be in accordance to the current edition of the ISPWC Divisions 300, 900, and all other applicable divisions therein. The DRC or Gem County may waive any of the following so long as the waiver does not pose a serious risk of harm to the public.

a. Sufficiency of Flow: Allotted irrigation flow verification documents shall include all stipulations of use imposed by the entity supplying water to the development and any other information affecting the conditions of delivery of irrigation water. If it is determined that there is insufficient flow, alternative measures shall be sought to ensure delivery of adequate supply of irrigation water to the development. The following are the minimum requirements:

(1) General layout and plan of system;

(2) Demonstration of sources;

(3) Quantity;

(4) Calculation showing adequacy of service;

(5) Design data and pump curves.

b. Materials: All pressure irrigation materials shall be in accordance with the current edition of the ISPWC.

c. Testing: Pressure irrigation mains shall be tested prior to permitting such irrigation main to be open to the local development distribution system. Testing shall be in accordance to current edition of the ISPWC.

d. No cross-connection between potable water and pressure irrigation water shall be allowed.

8. Streets and Roads: All materials, construction, testing, and inspection shall be in accordance to the current edition of the ISPWC Divisions 200, 700, 800 and all other applicable divisions therein. The DRC may recommend waiver of any of the following requirements so long as the waiver does not pose a significant risk of harm to the public.

a. Circulation Plan: All streets and roads shall conform to the Circulation Plan of the Black Canyon Specific Plan.

b. Relation To Topography: Streets shall be arranged in proper relation to topography so as to result in usable lots, safe streets and acceptable gradients.

c. Alleys or Alley Loaded Streets: Alleys or alley-loaded streets are permitted through out Black Canyon with approval of the DRC.

d. Cul-de-Sac Streets: Cul-de-sac streets shall not be more than seven hundred feet (700') in length and shall terminate with an adequate circular turnaround having a minimum radius of fifty-two feet (52') of right of way with the following exceptions:

(1) In areas of densities below one dwelling unit per acre, cul-de-sac streets up to a maximum of one thousand five hundred feet (1,500') in length may be permitted if approved by the fire authority having jurisdiction and the Gem County Road and Bridge Department. No more than twenty (20) dwelling units shall be permitted on said cul-de-sac.

(2) In areas of densities greater than one dwelling unit per five (5) acres, cul-de-sac streets up to a maximum of two thousand eight hundred feet (2,800') in length may be permitted if approved by the fire authority having jurisdiction and the Gem County Road and Bridge Department. No more than twenty (20) dwelling units shall be permitted on said cul-de-sac.

e. Private Roads and Streets: Private Roads and Streets shall be an exception within Black Canyon and must be approved by the DRC prior to any design plans being submitted to Gem County. Provided that such roads in unplatted areas shall be considered to be prior non-conforming uses that will not need upgrading until the area is platted. Such streets shall meet the materials and design standards herein and shall provide a use and maintenance agreement approved by the DRC.

f. Road Rights-of- Way and Street Widths: Road rights-of-way shall comply with the requirements of the Comprehensive Plan in effect at the time of approval of the respective preliminary plat. All improved roads shall have widths from back of curb to back of curb as follows. In the event that the street does not have curb, the widths below shall be measured from the edge of pavement to the edge of pavement:

(1) Residential 36 feet

(2) Collector 36 feet

(3) Major Collector 36 feet

(4) Arterial 50 feet

(5) Cul-de-Sac 52 feet in diameter

g. Alternative Sections: Developments that submit improved section different from above may be permitted. If an alternative section is to be submitted, the developer shall include a narrative and supporting engineering data that would aid in the review process.

(1) Increasing pedestrian safety,

(2) Decreasing local traffic speeds,

(3) Localized storm water retention

_____ _____ SECTION 13: SIGNAGE

A. . General Requirements: The signage and graphics program within Black Canyon will follow the overall theme of the project and must be approved by the DRC. Signage will further reinforce design concepts and provide identification for the residential areas and nonresidential uses. Signage will also be provided for traffic control, along pathways and for public information purposes. In all cases, signs will be kept simple to reduce, not contribute to visual clutter. Signage throughout the project shall be consistent and compatible. Sizes, styles and configurations will vary depending on the specific purpose, activity level and building materials. The guidelines set out below will form part of the more detailed requirements of the CCRs . Signage requirements will vary from zone to zone and may differ between types of use.

B. Gem County Sign Ordinance: All signage shall comply with the Gem County Ordinance unless otherwise addressed herein.

C. Specific Requirements:

1. Lighting and landscaping shall be considered an integral part of all signage proposals.

2. Prohibited signs shall include:

a. Signs which constitute a hazard to traffic of pedestrians;

b. Signs located within any stream or drainage channel;

c. Mobile signs or portable signs; balloons, flags or kite style signs;

d. Inflatable signs;

e. Signs which produce odor, sound, smoke, flame or other emissions;

f. Signs which imitate or simulate official signs, or which use yellow or red blinking or intermittent lights resembling danger or warning signals;

g. Signs using strobe lights or individual light bulbs exceeding seventy-five (75) watts;

h. Signs on public property or right of way or signs attached to utility poles, street lights, fences, barns, sheds, or other similar structures; and,

i. Roof signs and billboards.

3. Free-standing signs should be in proportion/scale to surrounding elements. Emphasis should be placed on sizing signs in relationship to the vehicular vs. pedestrian traffic they serve. Sign faces should only be large enough to accommodate the minimum typeface size and quantity needed to convey the intended message.

4. Identification signs will be provided at project entrances as part of the overall entry statement to Black Canyon. Each residential area may have its own entry statement and signage theme or color combinations.

5. Monument signs, piers, walls, freestanding monolith/pylons shall be used.

6. Community or residential identification signs shall not exceed six feet (6') in height or thirty-two (32) square feet in area. Lighting of residential entrance identification signs shall be indirect, with screened wall or ground-mounted light sources.

7. Commercial signage shall be kept small and subdued to respect the residential character of the community. Commercial establishments shall have a maximum of one identification sign either hung directly on the front facade of the structure or on a post at the entry wall. Commercial signs shall not exceed forty eight (48) square feet in area on facades and twenty four (24) feet if hung from a freestanding post.

8. Special Purpose Signage:

a. Directional, informational and regulatory signs shall not exceed six feet (6') in height or sixteen (16) square feet in area and shall be compatible throughout the community.

b. Temporary signs shall not exceed six (6) feet in height and twenty four (24) square feet in area. The location and number of temporary signs shall be subject to approval by the DRC.

c. Political signs are permitted to be displayed only on private property and only two (2) weeks prior to an election. They must be removed twenty four (24) hours after the election.

_____ _____ SECTION 14: ENERGY AND WATER CONSERVATION MEASURES:

A. Intent: Black Canyon is designed to accommodate conservation measures to reduce energy and water consumption. The strategies listed below shall be incorporated into each Phasing Plan as appropriate given site, topographic and other design requirements. Not all elements must be incorporated, but special consideration shall be given where a majority of the elements are accommodated.

B. Energy Conservation: There are two major areas of focus on reduction of energy consumption: electricity for lighting and heating and dependence on fossil fuels for transportation.

1. Lighting:

a. Purpose: Lighting in Black Canyon will serve different purposes depending on the zone or usage such as in the commercial and residential areas.

1. In the residential areas, small-scale intimate lighting for streets, sidewalks, building entries and residential lots shall be incorporated as a design element.

2. Along rural roads sections, lighting shall be minimized to reduce light pollution in the community.

3. Main intersections shall be lighted for safety purposes only. Lighting shall be functional and energy efficient, while keeping with the design themes of Black Canyon.

4. Lighting will vary from larger scale illumination of major roadways to intimate lighting of pathways, building entries or residential lots. In general, to reduce light pollution in the community, overall lighting shall be minimized.

a. Lowest possible e nergy consumption shall be considered in selecting lighting fixtures.

b. Illumination levels should not exceed minimum required levels for its purpose. Design should address specific activities to be lighted.

2. Traffic Reduction: Black Canyon is planned and designed to reduce reliance on combustion engine vehicles and minimize and contain vehicle trips through a combination of the following:

a. Provide a functionally efficient, safe, balanced, network of vehicular, bicycle and pedestrian facilities.

b. Rural road section designs will be utilized to the greatest extent possible in cooperation with and based on approval by the Gem County Road and Bridge Department. While these sections will not have curbs, gutters or sidewalks, they will have a parallel path system that will accommodate bicycles and pedestrians thereby reducing vehicular trips and improving both the safety and alternate transportation options in the community

c. Accommodate "through" bicycle traffic on street and "recreational" bicycle traffic both on street and on shared pedestrian/bicycle paths separated from roadways.

d. Develop on- site commercial and community/recreation facilities that will help to capture traffic and minimize the number of trips off-site for shopping, professional services or leisure activities.

e. Develop “park and ride lots” and foster the use of “vanpools” for commuting to either the City of Emmett or the Boise Valley to enable residents get to work without using their personal vehicles.

f. Develop infrastructure that will incorporate the most advanced practical telecommunications technology to encourage and promote telecommuting to enable residents who choose to work at home to communicate with their employers, schools, libraries and other information services without leaving the community.

C. Water Conservation Measures: Black Canyon policies include conservation of ground and surface water used for irrigation and domestic use. The following conservation measures are intended to minimize the amount of water brought into the consumption or usage cycle as well as provide the most efficient manner to utilize the water resource.

1. Residential water use for both potable and irrigation on all but the acreage, large and rural lots shall be limited to connection to the community water systems.

2. Commercial, industrial and where reasonably possible, recreational, irrigation water use shall be limited to the community pressurized irrigation system.

3. No connection from the community domestic water system shall be allowed for irrigation purposes.

4. All water usage from either community system shall be metered with the ability for real-time analysis of water usage and control.

5. All irrigation uses from the community system shall be underground and fully automatic with timed systems to control irrigation times and water usage.

6. Irrigation heads, where used, are to be adjusted to minimize runoff. All irrigation heads adjacent to paved areas, curbs and turf shall be of pop-up type.

7. All domestic water use shall incorporate high efficiency (low water usage) devices such as water-saving showers, toilets and other water fixtures.

8. Commercial, industrial, and public zones as well as common areas in residential zones, shall incorporate the following where reasonable and practical.

a. Drought-tolerant plantings;

b. Efficient irrigation equipment, scheduling and management; and,

c. Soil amendments and mulch cover in landscape areas.

_____ _____ SECTION 15: ADMINISTRATIVE/OTHER REGULATIONS:

A. Intent: The review and approval process established hereunder for the development of Black Canyon embodies the intent of Black Canyon and the Gem County Zoning Ordinance.

B. Administration: It shall be the duty of the Administrator to administer the provisions of this Article for the development of Black Canyon. The Administrator shall have the authority to interpret the provisions of this Article and make decisions on land use issues not specifically addressed by Black Canyon or this Article.

C. Essential Services: No phase of Black Canyon shall be approved unless essential public services for such phase, as specified in Black Canyon and this Article, are provided to support the phase as it proceeds.

D. Application Approvals by DRC: Application Must be Approved by the respective Design Review Committee of Black Canyon Association (DRC): No application shall be accepted by Gem County without the prior written approval of the respective DRC for compliance with the Black Canyon Declaration of Covenants, Conditions and Restrictions (CCRs) applicable to the property that is the subject of the application, whether the application is for approval of initial development, such as a Phasing Plan or a building permit.

E. Approvals Based on Compliance with Article: The Administrator, Commission, or Board, as the case may be, shall base their approvals or disapprovals upon compliance with the provisions of this Article and the goals, policies, purposes and intent of Black Canyon.

F. Amendments: Amendments to the Black Canyon Planned Community Zoning Ordinance shall be accomplished in the same manner as set forth for amendments to the Gem County Zoning Ordinance, provided, however, that, when the proposed amendment is submitted by any person or entity other than the Planning and Zoning Commission or the Board of County Commissioners of Gem County, the Black Canyon Association shall first approve of the proposed amendment prior to submission to the Gem County Planning and Zoning Commission.

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