HomeMy Public PortalAboutORD 271-09-21_Fill in or on Public Right-of-Ways_09282021Inslrumenl ~ 1702854
Bonneville County 1 Idaho Falls, Idaho
10/13/2021 02:42 :~3 PM No . of Pages: 3
Recorded for : CITY OF IONA RM_
Penny Manning Fee : $0 .00 Ex-Officio Recorder Deputy________________ _ ______ _
Index to : ORDINANCE
ORDINANCE NO. 271-09-21
AN ORDINANCE OF THE CITY OF IONA , IDAHO ;
AMENDING SECTION 5-5-7 OF THE IONA CITY CODE;
PROHIBITING THE PLACEMENT OF FILL IN OR ON PUBLIC
RIGHT-OF-WAYS ; PROVIDING METHODOLOGY;
PRESERVING PRIOR ORDINANCES IN EACH INSTANCE ;
PROVIDING FOR SEVERABILITY ; AND ESTABLISHING AN
EFFECTIVE DA TE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA ,
IDAHO THAT:
Section 1. Amendment of Section 5-5-7 of the Iona City Code. Section 5-5-7 of the
Iona City Code is amended as follows :
5-5-7: PLACING OF FILL PROHIBITED.
(A) It is an infraction to place any top soil, dirt, pavement, rock, gravel, or other fill material in
any drainage swale (other than a designated private driveway in compliance with this Code
and with all applicable specifications) to fill in the deepest part of such drainage swale
(which should be 8 feet from the edge of the road 's pavement) to any less than 18 inches
below the maximum height of the paved road, as shown on the City 's standard
specification SD-100 (which may be consulted for additional detail), below:
5" THICK CONCRETlc
PRIVATE DRIVE
3" • ¾" MINUS CRUSHED BASE
s• -6' MINUS UNCRUSHEO
~S1-0E-WA-LK-, S-EE-~ cc.•G=G=REG=A=TE __ _,
STANDARD DETAIL PV-100
PRIVATE DR IVEWAY
ROADWAY EASEMENT AND
~~~'-'i~""-•S~,;--=S=E-=-CT'-'-IO=N-'--1'------~,GJ
DRAINAGE SWALE
fAJ@l.An)' person -..vho plaees top soil , fill, dirt, flavement, mck or grnvel to an elevation higher
than ten inches (IO ") belov,· the height of the nearest edge of the pavement or oiled surface
of a public mad, and within a distance of ten (10) lineal feet from the edge of such
paYement , shall be guilty of a misdemeanor. Notwithstanding the foregoing , nothing
herein shall prevent or prohibit the placement of any suchappropriate material for the
purpose of constructing a private driveway within such area, provided th ate surface of such
driveway is no higher than two inches (2") belo•.v the ele•t'ation of such pavement or oiled
s1:1rfaeeand its construction complies with this Code and with all applicable specifications,
including the City's standard specifications (part of SD-100 of which is depicted above)
and any other specifications adopted by the City that are available at the City office .
Section 2. Methodology. Text that is underlined in the preceding sections means new
text added to the former Ordinance or City Code Section , and text that is stricken through means
text that is being deleted from the former Ordinance or Code Section . Text that is moved from
one location in the former Ordinance or Code Section to another location is similarly shown as
underlined text, being stricken through in its prior position.
Section 3. Preservation of Prior Ordinance. The sections of the Iona City Code
repealed and /or amended by this Ordinance shall be preserved to the extent necessary to allow the
arrest, prosecution , punishment, and indebtedness of any person who violates such provisions
prior to the effective date hereof.
Section 4. Severability. The sections and subsections of this Ordinance are severable.
The invalidity of any section or subsection shall not affect the validity of the remaining sections or
subsections.
Section 5. Effective Date. This Ordinance shall become effective upon its passage ,
execution and publication in the manner provided by law .
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this -28 day of
ATTEST:
Keri West
City Clerk
7 Dan Gubler
Mayor
STA TE OF IDAHO )
)ss.
County of Bonneville )
I, KERI WEST, CITY CLERK OF THE CITY OF IONA , IDAHO, DO HEREBY
CERTIFY: That the above and foregoing is a full , true and correct copy of the Ordinance entitled ,
"AN ORDINANCE OF THE CITY OF IONA , IDAHO; AMENDING SECTION 5-5-7 OF THE
IONA CITY CODE; PROHIBITING THE PLACEMENT OF FILL IN OR ON PUBLIC
RIGHT-OF-WAYS ; PROVIDING METHODOLOGY; PRESERVING PRIOR ORDINANCES
IN EACH INSTANCE ; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DA TE."
Keri West
City Clerk
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