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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 \\Lawldata\WPDAT AIDARl_l Pending\2708-2021 City of lona\ORDI NA CES\Placement of Fill ORD vO I .docx