A. Infrastructure Review:
1. Although the town endeavors to provide infrastructure which will adequately serve buildings and structures allowable within each zone in the town, certain buildings, developments and structures, because of size, type of construction or lot characteristics, present peculiar or excessive demands on town infrastructure. For these reasons, the developer is responsible to perform an impact analysis in a form and methodology acceptable to the town to determine the possible impacts on infrastructure.
2. In order for the town to determine whether existing infrastructure is adequate, or what additional infrastructure is needed to meet the particular needs of certain types and sizes of buildings and structures which are permitted uses in the zone, the following types and sizes of proposed buildings and structures, as well as developments, are subject to the review process for impact on existing infrastructure, whether the uses are permitted or conditional:
a. All commercial or multi-family buildings or structures of class III, IV or V construction, as defined by the international building code, greater than ten thousand (10,000) square feet; or
b. Any building or structure over ten thousand (10,000) square feet within fire separations as defined in the international building code; or
c. All commercial or multi-family buildings and structures located on parcels of one-half (1/2) acre or larger; or
d. All buildings or structures which are required to have fire sprinkling systems under the town or fire district ordinance or resolution; or
e. All buildings or structures located on lots which have an average slope of more than five percent (5%); or
f. Any industrial or manufacturing facility that deals with products or processing materials that are or could become explosive, flammable or toxic according to the international fire code; or
g. Any subdivision or master planned development (MPD) project with four (4) or more dwelling units, but not including minor subdivisions or minor MPDs; or
h. Any development that requires the extension of any public infrastructures or utilities of over eight hundred feet (800'); or
i. A market analysis is required for all subdivisions or master planned developments of four (4) unit equivalents or more; or of five (5) acres or more in scope.
B. Scope Of Review: For proposed buildings, structures or uses which are permitted in the zone in which the building or structure is proposed, the review shall include the determination of the ability of existing town infrastructure to provide adequate water for culinary, irrigation and fire flow purposes, the proper handling of snow melt, snow storage, storm drainage, slope preservation, mitigation of impact on roads by construction and permanent traffic, and ensuring safe access for users and emergency vehicles in accordance with town codes, standards and ordinances as set forth in this code, which shall be in addition to all other adopted codes and ordinances, including the codes of other jurisdictional governing authorities. For master planned developments in the zone in which the building, structure or use is proposed, the infrastructure review which is a part of the master plan development review process is specified below and may involve additional regulations. The technical review committee may be used if constituted as per this title, to assist in the infrastructure impact review process.
C. Review Procedure: Buildings and structures which, although are permitted uses in the zone proposed and not subject to zoning of use review, are subject to review for impact on existing infrastructure according to the standards described in this section. The following review procedure shall be followed:
1. Application For Building Permit: Upon making an application for a building permit, the applicant shall supply the planning commission with plans and specifications sufficiently detailed to determine whether the proposed building or structure is subject to further infrastructure review. If, according to the standards found in this section, any proposed building or structure triggers infrastructure impact review, then the permit shall not be issued. The planning commission or other town staff shall review for the impact of the proposed building and structure on existing town and/or other infrastructure to determine what, if any, additional infrastructure is necessary.
2. Information Requested: Upon referral of the application for a building permit to the town for infrastructure impact review, the town may request from the applicant any additional studies, plans, surveys, specifications and information necessary to review the infrastructure impacts. The following types of information may be requested by the planning commission to the extent relevant:
a. To determine the impact on drainage:
(1) A map of the site showing the existing conditions prior to the demolition of any existing structures and any grading, and any known geologic or natural hazards, with north arrow and scale;
(2) Topography with contours shown at intervals of not more than five feet (5') of the site and as the site adjoins contiguous properties;
(3) Vegetation type and location;
(4) Soil type and load carrying capacity information;
(5) 100-year floodplain and high ground water areas, known spring and seep areas, and ditches or canals;
(6) All existing roads, fences, irrigation ditches and drainage facilities;
(7) Location and size of the nearest storm drainage facilities the site could drain to; water lines and sanitary sewer lines; and where and how the developer proposes to connect to the existing drains;
(8) Site plan of the proposed buildings and structures showing building locations;
(9) Proposed road locations and other circulation features;
(10) Proposed finished grades;
(11) Proposed drainage, drainage works, detention ponds, retaining walls and erosion control plans;
b. To determine the impact on culinary water, fire flows and sewage:
(1) Location and size of the nearest water main and sanitary sewer lines to the project to which the project can drain or be supplied; and where and how the applicant proposes to connect to the systems;
(2) Site plan and floor elevations (including building height) of all proposed buildings and structures showing building locations, construction type and materials;
(3) Proposed easements for new utility services or relocated utility services;
(4) Fire hydrant locations and building sprinkling plans;
(5) Estimated peak culinary water demands, including irrigation and water demand for fire flows;
(6) Proof of "wet" water in adequate quantity and quality, acceptable to the town standards, if the developer is supplying his/her own water or is transferring water rights to the town culinary system;
(7) Other specific information and scientific data and opinions which, in the opinion of the planning commission, is useful or necessary for the meaningful review of the project. Such additional information may be required from the applicant based on the nature of the project or the site;
c. To determine the impact on slope retention:
(1) Topography existing before construction and proposed finished grades, both on the site and as they relate to adjoining property;
(2) Proposed drainage, drainage works, retaining walls and erosion control plans;
(3) Proposed landscaping;
(4) Complete, detailed construction drawings and support documentation of any and all structures sufficient to demonstrate compliance with applicable standards, codes and ordinances, or general architectural concept drawings of proposed buildings, showing roof plan and cuts and fills;
(5) Other specific information and scientific data and opinions which, in the opinion of the planning commission, is useful or necessary for the meaningful review of the project. Such additional information may be required from the applicant based on the nature of the project or the site;
d. To determine the impact on streets and pedestrian facilities:
(1) Prepare a site plan which coordinates pedestrian connections, sidewalks and hike paths if any such pedestrian facilities are shown on the trails master plan or the streets master plan, if they are currently adopted;
(2) Submit construction staging location plan;
(3) Submit estimated truck traffic trip numbers for construction traffic;
(4) If requested by the town engineer, the project applicant shall submit reproducible measurable pavement quality testing analyses for each street or roadway which will be utilized by any traffic generated by or relating to the proposed project, including, but not limited to, construction traffic. Such analyses will be submitted both before permit issuance and before building occupancy, and shall use a nationally recognized pavement quality testing machine as approved by the town engineer. Such analyses will be used to determine construction impacts on existing streets at the end of construction such that repairs can be made at the expense of the project proponents to return the pavement to its original quality.
D. Department Action:
1. Within thirty (30) working days from the receipt of the complete application, including all requested information for infrastructure impact review, the planning commission and/or other appropriate town officials shall have reviewed the project and determined whether existing infrastructure is sufficient to adequately serve any proposed buildings or structures. If the data is sent to an engineer or other consultant for determination of impacts, the applicant shall pay the costs associated with the professional review.
2. If the existing infrastructure is adequate to serve any proposed buildings or structures, then a building permit shall be issued in accordance with the international building code and town ordinances. If, upon review, existing infrastructure is found to be inadequate to serve any proposed buildings or structures, the building permit shall be withheld. At the option of the town, the applicant may either:
a. Change the type, scale or location of any and all proposed buildings or structures in such a manner that existing infrastructure may adequately serve all proposed buildings or structures; or
b. Provide at the applicant's expense the additional infrastructure necessary to adequately serve all of applicant's proposed buildings or structures according to designs and specifications approved by the town; or
c. Pay a proportionate share of a town project that would mitigate the impact as detailed by the town council and/or its staff.
3. Upon submission of plans changing the type, scale or location of any or all proposed buildings or structures in such a manner that existing infrastructure is adequate to serve all proposed buildings or structures; or, upon submitting plans for additional infrastructure and a letter of credit or escrow agreement to the town for the full cost of the additional infrastructure required, as estimated by the town engineer, a building permit shall be issued in accordance with town codes and ordinances.
E. Appeal And Review:
1. If the applicant does not agree with the determination of the planning commission or town staff that existing infrastructure is inadequate, or with the requirement for additional infrastructure, the applicant may request town council review. The town council is empowered to affirm, reverse or modify the determination of the planning commission, town staff or town engineer/consultant. All actions regarding infrastructure impacts and the requirements of the planning commission or town staff are appealable to the town council.
2. If the planning commission or town staff has not acted on an application or has not indicated to the applicant what existing infrastructure is inadequate within thirty (30) working days after complete information submission, the application shall be automatically forwarded to the planning commission for determination of adequacy of existing infrastructure.
F. Transferability: The infrastructure review and approval is transferable with the title to the underlying property so that an approved project may be conveyed or assigned by the applicant to others without losing the approval. The permit cannot be transferred off the site on which the approval was granted.
G. Expiration: If a building permit is not obtained within twelve (12) months from the date of approval, then the infrastructure review and approval process must be repeated prior to issuance of a building permit. If a building permit expires before actual construction of buildings or structures, the infrastructure review and approval process must be repeated prior to issuance of another building permit. If a permit is not taken in six (6) months, the review shall determine whether off site conditions or demands have changed the ability of the system to meet the demands of the project under review. The permit requirements may be modified to adjust to the new capacity or demand.
H. Standards For Review: No building permits shall be issued on buildings and structures subjected to infrastructure review unless it is found by the town that there is sufficient infrastructure capacity, according to the standards adopted by the town, either existing or to be provided by the applicant, to adequately serve the proposed buildings and structures. Specific review items include: delivery of adequate water for culinary and fire flow purposes, safe vehicular and pedestrian access for owners, users and emergency vehicles, and proper handling of snowmelt and storm drainage and slope preservation. The standards to be applied for review are:
1. Standards For Water Delivery: The standards for adequate delivery of water shall be as applicable: the town fire flow standards, if adopted; the fire department fire flow standards; the ISO or NFPA standards for fire flow, the town design standards, construction specifications and standard drawings, if adopted; and the county and/or state department of health, drinking water regulations, as now constituted and as may be amended.
2. Standards For Site Drainage: The standards for adequate site drainage are the international building code, or its successor, and the town design standards, construction specifications and standard drawings as now constituted or as may be adopted or amended.
3. Standards For Access: The standards for access to the building or structure are the international fire code or its successor, the streets master plan or land use map, the trails master plan, if adopted, and the town design standards, construction specifications and standard drawings as now constituted or as may be adopted or amended.
4. Standards For Slope Retention: The standards for slope retention are the international building code, or its successor, and the town design standards, construction specifications and standard drawings as now constituted or as may be amended. (Ord., 1-18-2005; amd. Ord. 20-02, 3-17-2020)