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INTER-OFFICE MEMO Legal Department

Committed to Service

November 4, 2016 (revised) TO: ACHD Board of Commissioners & Bruce S. Wong, Director FROM: Steven B. Price, General Counsel Scott Spears, Assistant General Counsel SUBJECT: Ordinance No. 232 – Amending Title I and Title II of the Ada County Highway

District Code, with amendments to Title I, Section 1000 et seq., Title II, Section 4002, repealing Title II, Section 5000 to 5206 and adopting a new Title II, Section 5000 to 5206, amendments to Title II, Section 6000 et seq., Section 7100 et seq., and amendments to Title II, Section 8300 et seq., and establishing an effective date.

PUBLIC HEARING – November 9, 2016 Commission Meeting

___________________________________________________________________________ FACTS & FINDINGS:

1. Idaho Code Section 40-1406 provides that the Commissioners of the Ada County Highway District (the “District”) may pass ordinances for carrying into effect or discharging all powers and duties conferred upon the District.

2. Idaho Code Section 40-1406 further provides that the District may print or publish

ordinances in book or pamphlet form pursuant to the authority of the Commissioners.

3. Pursuant to Idaho Code §§ 40-1310 and 40-1406, the Commissioners of the District

have the authority to manage and conduct the business and affairs of the District, make and execute all necessary contracts, contract for the construction, use, maintenance, repair and improvement of highways within its system.

4. Pursuant to Idaho Code §§ 40-1310 and 40-1406, the Commissioners of the District

have the exclusive general supervisory authority over all public highways, public streets and public rights-of-way under their jurisdiction, with full power to establish design standards, establish use standards, and establish regulations in accordance with the provisions of Title 49, Idaho Code, and control access to said public streets and public rights-of-way.

5. ACHD Staff have prepared amendments to Title I Section 1000 et seq. of the ACHD

Code, relating to the general administration of ACHD including, but not limited to,

identifying and describing the roles, responsibilities, and duties of ACHD’s various divisions and departments, and providing for delegation of authority to ACHD Staff of certain functions as well as Commission authority to waive ACHD policy, which are set forth in Exhibit “A” which is attached to Ordinance No. 232.

6. ACHD Staff have prepared amendments to Title II, Section 4002 of the ACHD Code,

relating to the vacation and abandonment of public rights-of-way to amend and delete existing provisions relating to reversion and vesting of title and consent of adjoining property owners relative to platted rights-of-way and streets, which are fully set forth in Exhibit “B” which is attached to Ordinance No. 232.

7. ACHD Staff have recommends repealing existing Title II, Section 5000 to Section

5206 of the ACHD Code relating to traffic and transportation, traffic engineering and traffic operations, and ACHD Staff has prepared as a replacement, a new Title II, Section 5000 to Section 5206 of the ACHD Code to establish new requirements and standards for traffic related issues including but not limited to, traffic design; traffic studies; traffic data and analysis; traffic investigations including but not limited to encroachments, obstructions, non-regulatory and temporary signs, and parking; special events permits and fees; roadway lighting; roundabouts; traffic operations; traffic signals; signs and object markers; striping and movement markings; work orders; record keeping; and digline-utility locates and requests, which is fully set forth in Exhibit “C” which is attached to Ordinance No. 232.

8. ACHD Staff have prepared amendments to Title II, Section 6000 et seq., ACHD

Code, relating to construction, to make various technical edits; establish new and amended requirements and standards for temporary traffic control signs; establish additional requirements relating to the documentation of the location of facilities; clarify ACHD’s duty and obligations for sidewalk construction, repairs, or removal; address NPDES permit requirements; and add a new Section 6008 establishing requirements and standards for permits for the placement of fiber optic utilities in the public right-of-way, which are fully set forth in Exhibit “D” which is attached to Ordinance No. 232.


Code, relating to general requirements and procedures for development, to make various technical edits; amend District staff approval authority levels; amend requirements and procedures relating to the review of development applications; amend requirements and procedures relating to final plats; amend requirements for a financial guarantee of subdivision improvements that are not constructed at the time of final plat approval; and update level of service standards, which are fully set forth in Exhibit “E” which is attached to Ordinance No. 232.


Code, relating to the construction site discharge control program, to make various technical edits and amend existing and/or establish new requirements to address NPDES permit requirements, which are fully set forth in Exhibit “F” which is attached to Ordinance No. 232.

NOTICE OF PUBLIC HEARING:

The Notice of Public Hearing for proposed Ordinance No. 232 published in the Idaho Statesman as follows: (1) November 2, 2016 and (2) November 3, 2016 in accordance with Idaho Code § 40-206.

EFFECTIVE DATE:

If adopted, proposed Ordinance No. 232 will be effective December 7, 2016, following its publication as provided by Idaho Code Section 40-1406.

FISCAL IMPACT:

None

ALTERNATIVE OPTIONS:

1. The Board of Commissioners may adopt the proposed Ordinance No. 232, attached hereto as Attachment No. “1”.

2. The Board of Commissioners may make revisions to the proposed Ordinance No. 232 and adopt the proposed Ordinance No. 232 as revised.

3. The Board of Commissioners may adopt the proposed amendments to Section 7100 (Exhibit “E”) as attached to proposed Ordinance No. 232, and remand the remaining portions of proposed Ordinance No. 232 to Staff for another public hearing which shall be re-noticed.

Attachment – 1 Proposed Ordinance No. 232 with Exhibits “A” through “F”

ORDINANCE NO. 232 Page 1

ORDINANCE NUMBER 232

BY THE ADA COUNTY HIGHWAY DISTRICT BOARD OF COMMISSIONERS: KENT GOLDTHORPE, PAUL WOODS, REBECCA W. ARNOLD, SARA M. BAKER, JIM D. HANSEN.

AN ORDINANCE AMENDING TITLE 1 AND TITLE II OF THE ADA COUNTY HIGHWAY DISTRICT CODE, WITH AMENDMENTS TO TITLE 1, SECTION 1000 ET SEQ., TITLE II, SECTION 4002, REPEALING TITLE II, SECTION 5000 TO 5206 AND ADOPTING A NEW TITLE II, SECTION 5000 TO 5206, AMENDMENTS TO TITLE II, SECTION 6000 ET SEQ., SECTION 7100 ET SEQ., AND AMENDMENTS TO TITLE II, SECTION 8300 ET SEQ., AND ESTABLISHING AN EFFECTIVE DATE.

WHEREAS, Idaho Code Section 40-1406 provides that the Commissioners of the Ada

County Highway District (the “District”) may pass ordinances for carrying into effect or discharging all powers and duties conferred upon the District.

WHEREAS, Idaho Code Section 40-1406 further provides that the District may print or

publish ordinances in book or pamphlet form pursuant to the authority of the Commissioners. WHEREAS, pursuant to Idaho Code §§ 40-1310 and 40-1406, the Commissioners of the

District have the authority to manage and conduct the business and affairs of the District, make and execute all necessary contracts, contract for the construction, use, maintenance, repair and improvement of highways within its system.

WHEREAS, pursuant to Idaho Code §§ 40-1310 and 40-1406, the Commissioners of the

District have the exclusive general supervisory authority over all public highways, public streets and public rights-of-way under their jurisdiction, with full power to establish design standards, establish use standards, and establish regulations in accordance with the provisions of Title 49, Idaho Code, and control access to said public streets and public rights-of-way.

WHEREAS, The Commissioners of the District have considered amendments to Title I Section 1000 et seq. of the ACHD Code, relating to the general administration of ACHD including, but not limited to, identifying and describing the roles, responsibilities, and duties of ACHD’s various divisions and departments, as set forth in Exhibit “A”, attached hereto; and

WHEREAS, the Commissioners of the District have considered amendments to Title II,

Section 4002 of the ACHD Code, relating to the vacation and abandonment of public rights-of-way to amend and delete existing provisions relating to reversion and vesting of title and consent of adjoining property owners relative to platted rights-of-way and streets, as fully set forth in the attached Exhibit “B”.

WHEREAS, the Commissioners of the District have considered repealing existing Title II,

Section 5000 to Section 5206 of the ACHD Code relating to traffic and transportation, traffic engineering and traffic operations, and adopting a new Title II, Section 5000 to Section 5206 of the ACHD Code to establish new requirements and standards for traffic related issues including but not limited to, traffic design; traffic studies; traffic data and analysis; traffic investigations including but not limited to encroachments, obstructions, non-regulatory and temporary signs, and parking; special events permits and fees; roadway lighting; roundabouts; traffic operations; traffic signals; signs and object markers; striping and movement markings; work orders; record keeping; and digline-utility locates and requests, as fully set forth in the attached Exhibit “C”.



Section 6000 et seq., ACHD Code, relating to construction, to make various technical edits; establish new and amended requirements and standards for temporary traffic control signs; establish additional requirements relating to the documentation of the location of facilities; clarify ACHD’s duty and obligations for sidewalk construction, repairs, or removal; address NPDES permit requirements; and add a new Section 6008 establishing requirements and standards for permits for the placement of fiber optic utilities in the public right-of-way, as fully set forth in the attached Exhibit “D”.


Section 7100 et seq., ACHD Code, relating to general requirements and procedures for development, to make various technical edits; amend District staff approval authority levels; amend requirements and procedures relating to the review of development applications; amend requirements and procedures relating to final plats; amend requirements for a financial guarantee of subdivision improvements that are not constructed at the time of final plat approval; and update level of service standards, as fully set forth in the attached Exhibit “E”.


Section 8300 et seq., ACHD Code, relating to the construction site discharge control program, to make various technical edits and amend existing and/or establish new requirements to address NPDES permit requirements, as fully set forth in the attached Exhibit “F”.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF

THE ADA COUNTY HIGHWAY DISTRICT, ADA COUNTY, IDAHO, that amendments to Title 1 and Title II of the Ada County Highway District Code, are hereby adopted as set forth in the attached Exhibits “A”, “B”, “D”, “E”, and “F” as if fully set forth herein; and the existing Title II, Section 5000 to Section 5206 of the ACHD Code is hereby repealed and in its place is a new Title II, Section 5000 to Section 5206 of the ACHD Code in hereby adopted as set forth in the attached Exhibit “C” as if fully set forth herein.

BE IT FURTHER ORDAINED, that all ordinances or parts of ordinances or resoltions or

parts of resolutions in conflict herewith, are, to the extent of such conflict, replealed. BE IT FURTHER ORDAINED, that this Ordinance shall be in full force and effect from

and after December 7, 2016, following its passage, approval and publication as provided by Idaho Code Section 40-1406.

ADOPTED BY THE ADA COUNTY HIGHWAY DISTRICT BOARD OF COMMISSIONERS THIS 9th day of November, 2016.

[Signature Page Follows]


ADA COUNTY HIGHWAY DISTRICT BOARD OF COMMISSIONERS By:___________________________________ Kent Goldthorpe, President By:___________________________________ Paul Woods, Vice President By:___________________________________ Rebecca W. Arnold, Commissioner By:___________________________________ Sara M. Baker, Commissioner By:___________________________________ Jim D. Hansen, Commissioner

ATTEST: _______________________________ Bruce S. Wong, Director

1000. ADA COUNTY HIGHWAY DISTRICT

1001. GENERAL OVERVIEW

The District was established by referendum on May 25, 1971. It is a separate unit of local government that consolidated the street and road functions of Ada County and the cities within the county. The District’s fiscal year begins on October 1.

The District is responsible for the construction and maintenance of all streets and roads in Ada County, except those designated as state or federal highways. The District provides planning, design, construction, reconstruction, maintenance, and traffic supervision for all urban streets, rural roadways, and bridges under its jurisdiction.

1002. LEGISLATIVE AUTHORITY

The Ada County Highway District (referred to as the District in this manual) is the governing agency responsible for construction and maintenance of all public rights-of-way in Ada County. The District’s legal authority is based upon the laws of the State of Idaho. Specific authority is found in Chapters 13 and 14 of Title 40 of the Idaho Code.

The law gives the Board of Commissioners of the District the authority to pass ordinances and rules and make regulations as necessary to discharge all powers and duties conferred on a county-wide highway district under Chapters 13 and 14 of Title 40 of the Idaho Code. (Reference Idaho Code, Section 40-1406.) Pursuant to these ordinances, rules and regulations, the Commissioners delegate their powers and duties to the President of the Commission, the Director and other District staff in accordance with law. Powers and duties separate from those of the Commissioners are also conferred on the District Director. (Reference Idaho Code, Sections 40-1319 and 1320.)

Notwithstanding any provision in this ACHD Policy Manual, the Commission specifically reserves the authority to grant a waiver, modification or variance to any adopted policy provision on a case-by-case basis during any regular or special meeting of the Commission. The waiver, modification or variance must be adopted in accordance with ACHD policy and/or supported by written findings of fact and conclusions of law. This reservation relates to any third-party request or for any ACHD project.

1003. ORGANIZATION

1003.1 Divisions and Departments

The District is organized into Offices, Divisions and Departments. There are three Offices: The Office of the Director, The Office of the Chief-of- Staff and the Office of the General Counsel. There are three divisions: Engineering, Maintenance, and Planning & Projects, Operations, and

Technical. The Maintenance operations Ddivision is the largest division and includes all the maintenance and administrative functions of the District. The Engineering Technical Ddivision includes all the engineering, right-of-way and development, and traffic services. Planning & Projects Ddivision handles the planning and programming processes of capital projects and the execution of the annual capital projects budget including design, right-of-way acquisition and construction. related to projects. The District has two departments. The Human Resources Department and Communications Department , Communications and Legal Departments are separate from the Divisions based on their unique functions and reporting authority to the Director and Office of the Chief- of- Staff.

1003.2 Board of Commissioners

The District is governed by a five-member Commission. Each Commissioner is elected to office from a different subdistrict of Ada County of which the Commissioner is a resident. The subdistricts are established by the Ada County Commissioners by the subdivision of Ada County into five (5) districts as nearly equal in population as is practicable. The terms of the office of the Commissioners are staggered, based on a rotation schedule set by law. Each Commissioner is elected for a term of four (4) years. (Reference Idaho Code, Section 40-1404A.)

The authority and responsibilities of the Commissioners are specified in Title 40 of the Idaho Code. They have exclusive general supervision over all of the public rights-of-way under District jurisdiction. They have full power to construct, maintain, repair and improve such roads, streets, bridges and public rights-of-way. The law gives the Commissioners the authority to manage and conduct the business affairs of the District; delegate its authorities to the President of the Commission, the Director and other District Staff, make and execute all necessary contracts; employ such agents, officers, attorneys and employees as required; prescribe employee duties; and fix employee compensation and benefits. (Reference Idaho Code, Section 40-1310.)

The Board of Commissioners meets in a formal session once each week throughout the year. The District operates on a fiscal year basis, beginning on October 1.

1003.3 Office of the District Director

The Director, the chief administrator of the District, is appointed and employed by the Commission. The Director oversees the day-to-day operations of the District and works with the Board of Commissioners to set policy and long- range direction. The Director has an Executive Team that includes Chief-of-Staff, General Counsel, Deputy Directors, Senior Managers who manage their respective Divisions and /Departments and sections. The Director is responsible for:

1. Administration of all District operations, including the construction, reconstruction and maintenance and repair work within the District’s jurisdiction;

2. Development, interpretation, implementation and enforcement of Commission policy;

3. Planning and supervising budget preparation;

4. Meeting and advising public and private agencies, the legislature, the media and individuals about District matters;

5. Interagency coordination;

6. Keeping the public informed of District activities, programs, polices and Commission agendas; and-

7. Administration and Management of all non-elected employees Management of including the District’s total compensation plan according to the the policies and guidelines established by the Commissioners; and

8. Carrying out any duties delegated to the Director by the Commissioners in accordance with applicable law.

7. Carrying out all duties conferred on the Director by law.

1003.4 Office of the Chief-of-StaffOperations Division

1003.4.1 Operations Division

The Chief-of-Staff Operations Division is the largest Division in the District and is responsible for the day-to-day operations and maintenance of the Highway District. The Chief- of- Staff overseas Finance/Accounting, Budget, Information Technology, Contracts Administration, and Commuteride. This Officedivision includes the following Sectionsdepartments: Administration and Maintenance.

1003.4.2 Administration SectionDepartment

The Administration manager oversees Finance/Accounting, Budget, Information Technology, Contracts Administration, and Commuteride.

1003.4.31003.4.1 Finance/Accounting/Budget Section

The Finance/Accounting/Budget Section is responsible for planning, reporting, and controlling the District’s financial affairs. The Treasurer ensures that generally-accepted accounting principles and government

accounting standards (GASB) are utilized in all phases of the accounting process. Administration of the District’s financial affairs includes cash flow control; investment of excess funds until needed for operations; and preparation of cost accounting data to provide timely and accurate reports regarding expenditures. They ensure that an annual budget is established and conforms to Idaho Code.

1003.4.41003.4.2 Contract Administration Section

Contract Administration Section is responsible for managing and administering contracts for the District. They ensure compliance with the Idaho Code through advertisement, contractual obligations and legal statutory requirements.

1003.4.51003.4.3 Information Technology (IT) Section

The Information Technology (IT) Ssection is comprised of two subsectionscomponents, Information Systems and Geographic Information Services (GIS). The Information System Ssection is responsible for the overall maintenance and operation of the District’s computer, network and telephone systems. Information System’s is also responsible forTheir duties include the purchase and maintenance of computer equipment, software, telephones and networking peripherals and. They are also responsible for maintaining the files of the District to comply with records retention laws, database management and network administration. The GIS SubsectionSsection is responsible for providing customers with a county-wide Geographical Information System. GIS is responsible for Their duties include updating and validating vast amounts of geographical data, producing the District’sCounty’s Official Map, providing users with a web-based application, maintaining the Road-Work-in-the-Area report, and other tasks related to spatial analysis.

1003.4.61003.4.4 Commuteride Section

The Commuteride Section works with area businesses and commuters to reduce traffic congestion and improve air quality by promoting alternatives to driving alone like riding the Bus, vanpooling, carpooling, bicycling, and walking. Commuteride has served the Treasure Valley since 1975 and has operated a vanpool program since 1976. They work closely with the Regional Public Transportation Authority and other transportation providers to efficiently market services and transport people.

1003.5 Office of the General CounselLegal Department

The Office of the General Counsel is responsible for the operation of the Legal Department, which Legal Department represents the District’s interest in all legal matters, administers the risk management program, and prosecutes violations of the to District’s policiesordinances. The Department handles claims against the District, represents and sometimes defends the District in actions, administers

organizes lobbying efforts, and assists the District in all internal departments in legal matters. The Legal Department reviews and drafts ordinances, contracts and other documents. to include certifying ACHD’s Impact Fee Ordinance in accordance with the Idaho Development Impact Fee Act. They also process condemnation orders on right-of-way acquisitions for project managers in order to gain entry for roadway construction.

1003.5.1 Maintenance Department

Maintenance Department is comprised of four sections: Administration, Zone Inspection, Adams, and Cloverdale. The manager implements and coordinates the District’s maintenance programs. The sections are responsible for all facets of roadway, bridge, equipment, and facility repair and maintenance.

1003.5.2 Administration

The Administration section is responsible for Administration, Fleet Management, Pavement Management, Facilities Management, and Equipment Services. Pavement Management is responsible for the pavement conditions and determining when it is practicable to perform maintenance on roadways. Facilities Management maintains District buildings and grounds, and property owned by the Highway District. Fleet Management is responsible for all the acquisition, inspection, and disposal of ACHD’s vehicle fleet. The District’s fleet predominately consists of pickups, dump trucks, vacuum trucks, aerial bucket trucks, sweepers, loaders, stripers, graders, backhoes, rollers, and tank oil sprayers. Equipment Services section is responsible for maintenance, repair, and modification of District equipment. They are also responsible for the repair, service, and maintenance of all non-mobile equipment operated by the District.

1003.5.3 Zone Inspection

Zone Inspection is responsible for inspecting work in ACHD’s rights-of way completed by contractors. They ensure that the work meets all of ACHD requirements.

1003.5.4 Adams Section

The Adams section is located in Garden City and they are responsible for the District’s roadway maintenance in the urban part of the county. This includes pavement repairs, seal coating, snow removal, sanding, guardrail, street sweeping, crack sealing, bridge repairs, concrete repairs, grading of gravel roads, miscellaneous storm drain and irrigation repairs, and weed control. Through the Pavement Management Program, the department inspects and monitors the condition of all roadways under

ACHD’s jurisdiction for repair or rebuild as necessary to maintain District standards.

1003.5.5 Cloverdale Section

The Cloverdale section is located on N. Cloverdale Road. Their responsibilities include pothole patching, pavement repairs, seal coating, snow removal, sanding, guardrail, street sweeping, crack sealing, bridge repairs, concrete repairs, drainage maintenance including storm drain and irrigation repairs, grading of gravel roads, and weed control thin rural areas of the County.

1003.5.6 Maintenance Department

1003.6 Maintenance Division Department is comprised of threefour sectionssections: Administration, Zone Inspection, Adams, and Cloverdale. The Deputy Director manager implements and coordinates the District’s maintenance programs. The sections are responsible for all facets of roadway, bridge, equipment, and facilities.y Technical Division

1003.5.71003.6.1 Maintenance Administration Section

The Maintenance Administration Sectionsection is responsible for Administration, Fleet Management, Pavement Management, Facilities Management, and Equipment Services. Pavement Management is responsible for the pavement conditions and determining when it is practicable to perform maintenance on roadways. Facilities Management maintains District buildings and grounds, and property owned by the Highway District. Fleet Management is responsible for all the acquisition, inspection, and disposal of ACHD’s vehicle fleet. The District’s fleet predominately consists of pickups, dump trucks, vacuum trucks, aerial bucket trucks, sweepers, loaders, stripers, graders, backhoes, rollers, and tank oil sprayers. Equipment Services section is responsible for maintenance, repair, and modification of District equipment. They are also responsible for the repair, service, and maintenance of all non-mobile equipment operated by the District.

The Administration section is responsible for Administrative Management, Facilities Management, and Fleet Management.

The Administrative section is led by the Deputy Director who oversees all operations of the Division and is in charge of long-term planning for future operational needs. The Manager leads the Adams Section, Cloverdale Section and the Safe Sidewalk Section.The Safe Sidewalk section is led by the manager with a coordinator who is responsible for the District’s safe sidewalk program. Facilities Management maintains District buildings and grounds, and property owned by the Highway District. Fleet Management

is responsible for all the acquisition, maintenance, , and disposal of ACHD’s vehicle fleet. The District’s fleet predominately consists of pickups, dump trucks, vacuum trucks, aerial bucket trucks, sweepers, loaders, stripers, graders, backhoes, rollers, and tank oil sprayers. The two shops located at the Adams and Cloverdale sites are responsible for maintenance, repair, and modification of District equipment.

1003.5.81003.6.2 Adams Section

The Adams section is located in Garden City and crews within this section are responsible for the District’s roadway maintenance east of Cole Road. This includes pothole patching, pavement repairs, crack sealing, chip sealing, anti-icing, snow removal, sanding, guardrail repair, concrete repairs, grading of gravel roads, and miscellaneous storm drain and irrigation repairs. This section is responsible for sweeping throughout the entire county. The Adams section is located in Garden City and they are responsible for the District’s roadway maintenance in the urban part of the county. This includes pavement repairs, seal coating, snow removal, sanding, guardrail, street sweeping, crack sealing, bridge repairs, concrete repairs, grading of gravel roads, miscellaneous storm drain and irrigation repairs, and weed control. Through the Pavement Management Program, the department inspects and monitors the condition of all roadways under ACHD’s jurisdiction for repair or rebuild as necessary to maintain District standards.

1003.5.91003.6.3 Cloverdale Section

The Cloverdale section is located on North Cloverdale Road and crews within this section are responsible for the District’s roadway maintenance west of Cole Road. This includes pothole patching, pavement repairs, crack sealing, chip sealing, anti-icing, snow removal, sanding, guardrail repair, concrete repairs, grading of gravel roads, and miscellaneous storm drain and irrigation repairs. This section is responsible for cleaning storm drains, vegetation management and bridge maintenance through the entire county.The Cloverdale section is located on N. Cloverdale Road. Their responsibilities include pothole patching, pavement repairs, seal coating, snow removal, sanding, guardrail, street sweeping, crack sealing, bridge repairs, concrete repairs, drainage maintenance including storm drain and irrigation repairs, grading of gravel roads, and weed control thin rural areas of the County.

1003.6 1003.7 Engineering Division

The Engineering Technical Division is responsible for providing technical support and expertise for the District, especially related to engineering design, surveying,

stormwater management, construction inspection, traffic design and operations, and development services and development review. development review, and right-of-way acquisition. This division is made up of three sectionsdepartments: Engineering, Traffic Services, and Right-of-Way and& Development Services (ROWDS).

1003.6.11003.7.1 Engineering SectionDepartment

The Engineering SectionDepartment is responsible for the administration, implementation and coordination of the District’s engineering, design, and construction programs. This Sectiondepartment provides engineering services essential to support internal and external maintenance and construction operations, including survey, design, construction, drainage, and quality assurance for new and existing roadway improvements. The Section Department is comprised of three two Subsections: the two sections: Design and Construction.

1003.6.2 1003.7.1.1 Design SubsSection

The Design section is responsible for in-house design and survey for a variety of projects and programs. They assist other Divisions in offering technical support and expertise related to consultant design review, bridge repairs/rehabilitation/replacement, pavement overlays, community program projects, and other special projects as required.

1003.6.3 1003.7.1.2 Construction Subsection

The Construction section provides quality assurance support for internal and external construction operations, and inspection and testing of existing and new improvements associated with the countywide highway system. These efforts ensure compliance with minimum specification requirements and District Policy in the effort to reduce public liability, environmental impacts, and the potential acceleration of maintenance on the highway system. Survey support is completed through the construction inspection. Survey work is performed on all ACHD projects.

1003.7.1.3 Stormwater Subsection

Stormwater helps the District meet Federal Clean Water Act requirements through implementation of the Stormwater Management Program. In addition, they oversee the District’s National Pollutant Discharge Elimination System (NPDES) program to include education, monitoring, and treatment. They also oversee the drainage within ACHD projects to ensure compliance with federal and state mandates.

1003.6.4 1003.7.2 Traffic ServicesEngineering Department Section

The Traffic Services Engineering SectionDepartment is responsible for planning, designing and providing efficient traffic flow and traffic safety in Ada County. The Traffic Services Engineering Section Department handles all the traffic-related issues throughout Ada County except those on the State Highway and Interstate systems, which are under the jurisdiction of the Idaho Transportation Department (ITD). By cooperative agreement with ITD, the department maintains and operates all traffic signals in Ada County along with traffic monitoring and communication related to the State Highway and Freeway systems. This The SectionDepartment works closely with the various entities to facilitate, investigate, and implement needed and required changes that affect the safety and lives of the residents in Ada County. This Section e department is comprised of threewo Subsections: Traffic Operations, and Traffic Engineering and Congestion Managment.

1003.6.5 1003.7.2.1 Traffic Operations Subsection

Traffic Operations’ responsibilities include the construction and maintenance of traffic signals and other traffic control equipment. They install and maintain the computerized Central Traffic Control system, Intelligent Transportation System (ITS) devices, video cameras, data collection devices, variable message signs, and fiber optic communications network systems. Traffic Operations This section also maintains traffic signs, roadway striping, and pavement markings on Ada County public roadways. They also repair and maintain the District’s radio communication systems.

1003.6.6 1003.7.2.2 Traffic Engineering Subsection

The Traffic Engineering section is responsible for the collection of traffic data, safety investigations, neighborhood traffic calming, and related studies. This includes intersection and signal design, traffic counts, accident analyses, vehicle capacity studies, speed/delay studies, sight obstructions, construction traffic control, citizen use permits, and traffic calming. They division works with local agencies to provide for the safe and efficient movement of motor vehicles and to meet the local and federal requirements within Ada County. In addition, they review, coordinate, and inform the public on all construction traffic control and traffic detour planning for work done within the District’s rights-of-way.

1003.6.7 1003.7.2.3 Congestion Management Subsection

Congestion Management monitors, evaluates, and provides information on transportation system performance. They identify cost effective alternative strategies to alleviate congestion and enhance mobility of people and goods. They are responsible for traffic signal coordination in response to traffic growth, new/improved roadways, construction detours, special events, and seasonal changes. In addition, they oversee the planning, design, and use of existing and future ITS including such things

as traffic monitoring with cameras, incident detection and management, traffic control system response to incidents, and providing information to the public via variable message signs and the Internet.

1003.6.8 Right-of-Way and Development Services Section (ROWDS) Department

1003.7.3 Development Services Section Department The Development Services Department is responsible for reviewing all development applications, street improvement plans and construction, and final plats to ensure conformance with the District’s standards and policies. Development Services staff also administer the District’s Development Impact Fee Program. The program is for planning and financing new ACHD system improvements (arterial roads and intersections) needed to serve new growth and development, including development of the ACHD 20 year Capital Improvement Plan, all of which are necessary to promote and accommodate orderly growth and development in Ada County. The ROWDS (Right-of-Way and Development Services) Department is responsible for acquisition of all rights-of-way required for the Highway District. In addition, they are responsible for reviewing all development applications to ensure they conform to District policy. The Division Department consists of four sections: Right-of-Way, Planning Review, Development Review, and Stormwater.

1003.6.9 Right-of-Way

The Right-of-Way section is responsible for all right-of way acquisitions and easements required for new road construction, reconstruction, and public highway use. ACHD purchases the land necessary for the project from the adjoining property owners to expand a roadway. In addition, they manage the land appraisals and negotiations with the property owners to complete the required land purchases. Right-of-way is responsible for processing applications for vacation or abandonment of rights-of-way, right-of-way exchanges, lease agreements, and license agreements to allow other parties to place certain items within our right-of-way.

1003.6.10 1003.7.3.1 Planning Review Subsection

The Planning Review section is responsible for reviewing all development applications within the six cities and Ada County. They review and assess the potential impacts that the proposed developments will have on the transportation system, analyze and evaluate the preliminary development proposals for conformance to District policy. The development applications are also reviewed for traffic data analysis and established safety standards.

1003.6.11 1003.7.3.2 Development Review Subsection

o The Development Review section is responsible for reviewing the civil design plans and construction inspection for all new development construction requiring street improvements, as well as all subdivision final plats for conformance with District policies and standards. They also process all development related right-of-way acquisitions through the Corridor Preservation Program, coordinate cooperative development projects whereby developers construct certain improvements on behalf of ACHD, and issue the District’s final acceptance of a development or plat once the required street improvements have been completed to District standards. Development Review also administers the District’s Development Impact Fee Program. This program is for planning and financing those public facilities (arterial roads, intersections) under ACHD’s jurisdiction which are needed to serve new growth and development. This is necessary to promote and accommodate orderly growth and development in Ada County while protecting the public’s health, safety, and general welfare of citizens.

o The section includes the District’s Subdivision/Bridge Inspection and Zone Inspection groups. These groups issue right- of- way permits and perform inspections for all new public road improvements constructed through development, contracts and inspects small ACHD capital projects, regularly inspects all bridges under the District’s jurisdiction for safety, condition, and compliance with national bridge standards, and inspects all work performed by utilities and private contractors within the District’s right- of- way.

Zone Inspection is responsible for inspecting work in ACHD’s rights-of way completed by contractors. They ensure that the work meets all of ACHD requirements. Development Inspection is responsible for inspecting all work within a new planned development that is under ACHD jurisdiction to insure compliance with ACHD development standards.

1003.6.12 Stormwater Subsection

The Stormwater section helps the District meet Federal Clean Water Act requirements through implementation of the Stormwater Management Program. In addition, they oversee the District’s National Pollutant Discharge Elimination System (NPDES) program to include education, monitoring, and treatment. They also oversee the drainage within ACHD projects to ensure compliance with federal and state mandates.

1003.7 1003.8 Planning and Projects Division

The Planning & Projects Division focuses on short, medium and long range transportation planning to provide a template to guide the future work of the Highway District. Those plans are then converted into major projects and managed throughout all phases from concept design to construction.

1003.7.11003.8.1 Planning & Programming SectionDepartment

The Planning & Programming SectionDepartment oversees corridor transportation studies, transportation modeling, comprehensive plans, investment planning via the Integrated Five-Year Work Plan, and the implementation of the Pedestrian Bicycle Transition Plan. Thise Section department also pursues outside funding opportunities.

1003.8.1.1 Pavement Management Section is responsible for the pavement conditions and determining when it is practicable to perform maintenance on roadways.

1003.7.21003.8.2 Capital Projects SectionDepartment

The Capital Projects Section Department is responsible for the development and management of all Highway District capital projects including scheduling, cost estimating, project controls, and administration. All phases of the projects are covered from concept development through final design, right-of-way acquisition and construction. Continuous process improvement is a critical component of the work. The section department also coordinates utility in the public rights-of-way.

1003.8.3 Right-of-Way Section

The Right-of-Way section is responsible for all right-of- way acquisitions and easements required for new road construction, reconstruction, and public highway use. ACHD purchases the land necessary for the District projects from the adjoining property owners to expand a roadway. In addition, they manage the land appraisals and negotiations with the property owners to complete the required land purchases. Right-of-Wway is responsible for processing applications for vacation or abandonment of rights-of-way, right-of-way exchanges, lease agreements, and license agreements to allow other parties to place certain items within the public our right-of-way. This section also administers the District’s Memorial Policy.

1003.8 1003.9 Human Resources Department

The Human Resource Department is responsible for human resource programs for the District. The Department plans, develops, and manages programs such as recruitment and selection, job classification, benefits, administration, classification, and compensation systems management, District-wide training and safety. The Department reports directly to the Chief-of-StaffDirector.

1003.9 Legal Department

The Legal Department represents the District’s interest in all legal matters, administers the risk management program, and prosecutes violations to District ordinances. The Department handles claims against the District, represents and sometimes defends the District in actions, organizes lobbying efforts, and assists internal departments in legal matters. The Legal Department reviews ordinances, contracts and other documents to include certifying ACHD’s Impact Fee Ordinance in accordance with the Idaho Development Impact Fee Act. They also process condemnation orders on right-of-way acquisitions for project managers in order to gain entry for roadway construction.

1003.10 Communications Department

The Communications Department is responsible for the District’s interactions with the public and transmitting information to and from the community about ACHD’s operations and projects. Accordingly, the Department coordinates all media interactions. The Department reports directly to the ACHD Director, reflecting the importance the District places on communicating with the public about its activities. Communications has five areas: Business & Neighborhood Relations, Public Information, Public Involvement, Reception and the Web Site.

1004. BOARD OF COMMISSIONERS

The requirements for Commission approval of specific items of business are discussed in the individual sections of this manual. All Commission meetings are held in compliance with the Open Meeting Laws of the State of Idaho.

1004.1 ACHD Commission Meetings

1004.1.1 Regular Commission Meetings

Regular Commission meetings are held on the first, second and third Wednesday of each month, commencing at 12:00 noon; and, on the fourth Wednesday of each month, commencing at 6:00 p.m. Regular Commission meetings are not normally scheduled for the fifth Wednesday of the month. A meeting agenda must be posted at least forty-eight (48) hours before the meeting, but it may be supplemented after the start of the meeting, provided that a good faith effort is made to include in the meeting agenda notice of all items known at the time to be probable items of discussion. If a regular Commission Meeting is scheduled for the fifth Wednesday of the month, a meeting and agenda notice shall be posted at

least five (5) days in advance. All regular meetings are held in the ACHD Auditorium, 3775 Adams Street, Garden City, Idaho.

1004.1.2 Pre-Commission Meetings

Pre-Commission meetings are scheduled to commence one-half (1/2) hour before the regular Commission meeting, unless the posted meeting and agenda notice establishes a different time. Pre-Commission meetings are held at 3775 Adams Street, Garden City, Idaho, usually in the Pre-Commission room, but, if the posted meeting notice so provides, pre-commission meetings may be held in the ACHD Auditorium.

1004.1.3 Work Sessions

Work sessions may be held from time to time, when scheduled by the Commission President after a meeting and agenda notice is posted by the Secretary at least five (5) days in advance. When a work session is scheduled, it generally will commences one (1) hour before the regular daytime Pre- Commission meeting and 11/2 hours before the evening Pre-Commission meeting, unless the posted meeting and agenda notice establishes a different time. Work sessions are held at 3775 Adams Street, Garden City, Idaho, usually in the Pre-Commission room, but, if the posted meeting notice so states, may be held in the ACHD Auditorium.

1004.1.4 Special Meetings

A special meeting of the Commission may be ordered by the presiding officer or by at least a majority of the Commission. The order must specify the business to be transacted, and no other business can be transacted at the special meeting. The meeting and agenda notice shall be posted, at least twenty-four (24) hours in advance of the meeting unless an emergency exists as defined in Idaho Code, Section 74¬ 204 (2). After the meeting is called to order, the order for the call shall be entered into the minutes of the meeting. (Reference Idaho Code, Section 74-205.)

1004.1.5 Executive Sessions

An executive session of the Commission can be held during any Commission meeting on the vote of two-thirds (2/3) of the Commissioners, recorded on the minutes by individual vote, after the presiding officer has identified the statutory authorization for holding the session. (Reference Idaho Code, Section 74-206.) If a request for an executive session is known in advance of the meeting, it will be scheduled on the meeting and agenda notice. The executive session should be held in accordance with Idaho Code, Section 74-206.

1004.1.6 Except for Executive Sessions, Meetings Open to the Public; Public Testimony Limited

All regular Commission meetings, Pre-Commission meetings, special Commission meetings, and work sessions are open to the public. The public is invited, welcomed, and encouraged to attend. (Reference Idaho Code, Section 74-201.) Executive Sessions are not open to the public.

The public is invited to present oral and written testimony with respect to any item on the Agenda of a regular Commission meeting. Unless the President of the Commission so directs in the posted meeting and agenda notice, no public testimony will be allowed at a Pre-Commission meeting or a work session.

Action may be taken at a Pre-Commission meeting or a work session on a specific item only if posted on the agenda notice. No executive session may be held for the purpose of taking any final action or making any final decision. (Reference Idaho Code, Section 74-206(4).)

1004.1.7 Publication of Annual Meeting Notice; Posting of Notices of Meetings and Agendas

The Secretary of the District shall cause a notice of the date, time and place of the regular and Pre-Commission meetings of the Commission as set forth in this Section 1004.1 to be published in the Idaho Statesman in December of each year. (Reference Idaho Code, Section 74-204.)

A notice of the date, time and place of each Commission meeting and the agenda for each regular meeting, Pre-Commission meeting, and work session shall be posted at least forty-eight (48) hours in advance of the meeting, but the agenda may be supplemented after the start of the meeting, provided that a good faith effort is made to include in the agenda notice of all items known at the time to be probable items of discussion. (Reference Idaho Code, Section 74-204(1).) Each supplement to the agenda should be posted as soon as prepared, up to one (1) hour before the meeting.

A notice of the date, time and place of each special Commission meeting shall be posted, at least twenty-four (24) hours in advance of the meeting unless an emergency exists as defined in Idaho Code, Section 74¬ 204(1).) In addition, the Secretary shall make a good faith effort to provide advance notification of a special meeting to those of the news media who have requested notification of Commission meetings. (Reference Idaho Code, Section 74-204(2).)

All posting of notices of meetings and agendas shall be in a prominent place in the main lobby before the entrance to the ACHD Auditorium by the ACHD Secretary. In addition, staff should attempt to post the notice on the ACHD Internet website in a timely manner.

1004.1.8 Conducting Meetings by Means of Telecommunications Devices

All meetings may be conducted using telecommunications devices which enable all members of the Board of Commissioners participating in the meeting to communicate with each other. Such devices may include, but are not limited to, telephone or video conferencing devices and similar communications equipment.

The participation by a member of the Board of Commissioners through telecommunications devices shall constitute presence in person by such member at the meeting; provided however, that at least one (1) member of the Board of Commissioners or the Director shall be physically present at the location designated in the meeting notice, as required under Idaho Code, Section 74-204, to ensure that the public may attend such meeting in person. The communications among members of the Board of Commissioners must be audible to the public attending the meeting in person and the members of the Board. (Reference Idaho Code, Section 74-203(5).)

1004.2 Election of Officers

1004.2.1 Election of President

At the first meeting of the Commission in January of each year, the Commissioners shall elect a chairperson from their number, who shall also serve as the Commission’s President. (Reference Idaho Code, Section 40-1405(1).)

1004.2.2 Election of Vice Presidents

One (1) or more Vice Presidents shall also be elected by the Commissioners from among their number at the same meeting immediately following the election of the President. (Reference Idaho Code, Section 40-1405(1).)

1004.2.3 Appointment of Secretary and Treasurer

A Secretary shall be appointed by the Commission at the same meeting as the election of the President and Vice President(s). The Secretary need not be a Commissioner and shall also assume the duties of Clerk of the District. (Reference Idaho Code, Section 40-1405(1).)

A Treasurer shall also be appointed at the same meeting as the election of the President and Vice President(s). The Treasurer need not be a Commissioner. (Reference Idaho Code, Section 40-1405(1).)

1004.2.4 Vacancies

If a vacancy occurs in any of the offices of President, Vice President or Secretary of the Commission, the members of the Commission at its next

regular meeting shall, by election, fill such vacancy from its members for the unexpired term. If a vacancy occurs in the office of Secretary or

Treasurer, at its next regular meeting, the members of the Commission shall appoint a successor for the unexpired term.

1004.3 Presiding Officer

The President shall preside at all meetings of the Commission. The President is recognized as the head of the District for all ceremonial purposes but has no regular administrative or executive duties or authorities, unless specifically delegated designed by the Commission. In the event of the President’s absence or temporary disability, the Vice President shall act as President during such absence or temporary disability. The President or Vice President may be referred to as the “Presiding Officer” from time to time in these rules of procedure.

1004.4 Quorum and Required Vote

Three (3) Commissioners, present and eligible to vote, shall constitute a quorum for the transaction of business at any Commission meeting. One (1) or more members of the Board of Commissioners may be present by means of telecommunications devices which enable all members of the Board of Commissioners to participate in the meeting to communicate with each other. However, at least one (1) member of the Board of Commissioners shall be physically present at the location designated in the meeting notice. The communications among members of the Board of Commissioners must be audible to the public attending the meeting in person and the members of the Board. (Reference Idaho Code, Section 74-203(5).) A majority of the whole Commission (three (3) votes) is required in order to exercise the powers of the Commission (Reference Idaho Code, Section 40-1306(2).)

1004.5 Commission Meeting Agenda

The Secretary of the Commission, under the direction of the Director, shall assemble a list of matters to be heard by the Commission. The Secretary shall prepare an agenda for the Commission according to the order of business. A copy of the agenda and supporting materials shall be prepared for the Commissioners, the Director, and the public. The Commission shall have the option of dropping any item from the agenda or deferring an item on the agenda to a future Commission meeting. The Presiding Officer, each Commissioner, or the Director may add new items to the agenda.

1004.6 Director

The Director, as the executive officer and head of the executive branch of the District, or a designee, shall attend all Commission meetings, unless

excused by the Presiding Officer or the Commission. The Director may take part in the Commission’s discussion on all matters on the agenda. If the Director is unable to attend a Commission meeting, the Director shall appoint another qualified staff member to attend the meeting for the Director.

1005. DUTIES AND PRIVILEGES OF THE DISTRICT COMMISSIONERS

1005.1 Forms of Address

The President shall be addressed as “President (surname).” Members of the Commission shall be addressed as “Commissioner (surname).”

1005.2 Seating Arrangement

Commissioners shall occupy the respective seats assigned to them by the President.

1005.3 Appearance of Fairness Doctrine

1005.3.1 Appearance of Fairness Doctrine Defined

Public hearings and meetings must not only be fair but must appear to be so. Appearance is as important as substance. The test of whether the Appearance of Fairness doctrine has been violated is as follows: (i) Would the hearing or meeting appear fair to a reasonable, disinterested person? and (ii) Would a reasonable, disinterested person, knowing all of a Commissioner’s personal interest in a matter being acted upon, be justified in thinking that partiality may exist?

1005.3.2 Request to Excuse a Commissioner

The Presiding Officer shall have authority to request a Commissioner to be excused based on an Appearance of Fairness violation. Further, if two (2) or more Commissioners believe that an Appearance of Fairness violation exists, such individuals may move to request a Commissioner to be excused based on an Appearance of Fairness violation. In making this decision, the Presiding Officer or other Commissioners shall consider the opinion of the District’s Legal Department.

1005.4 Dissents and Protests

Any Commissioner shall have the right to express dissent or protest any ordinance, resolution or motion of the Commission and have the reason entered in the minutes.

1005.5 Attendance at Other Meetings

It may be advisable for Commissioners to attend meetings and participate in organizations that interrelate to the role of the District, such as the

Community Planning Association of Southern Idaho (COMPASS), Ada County, any city emergency management, and the Association of Highway Districts. The Commissioners may also designate a District representative to attend or participate in such meetings.

1006. COMMISSION PROCEDURE

1006.1 Rules of Order

Rules of order not otherwise specified by statute or this Policy Manual shall be decided on an informal basis by the Commissioners or generally in accordance with the according to the most recent edition of Robert’s Rules of Order Newly Revised.

1006.2 Motions

All ordinances, resolutions, contracts and items of business that require Commission approval before funds are spent shall be in the form of an affirmative motion.

1006.3 Order of Business

The business of all regular meetings of the Commission shall be transacted as specified in the agenda. During a Commission meeting, the Presiding Officer may re-arrange items on the agenda to conduct the business more logically.

1006.3.1 Subjects Not on the Current Agenda

Any member of the public may request time to address the Commission after first stating their name, address, and the subject of their comments. The Presiding Officer may then allow the comments in his sole discretion. The time for comments may be limited by the Presiding Officer, as necessary, generally three five (35) minutes. Following public comments, the Presiding Officer may place the matter on the current or future agenda, or refer the matter to the Director for investigation and report.

1006.3.2 Subjects on the Current Agenda

Any member of the public who wishes to address an item on the current agenda shall make a request to the Presiding Officer when public comments are requested. As an option, the Presiding Officer may use a sign-in procedure. The Presiding Officer shall rule on the appropriateness of public comments as the agenda item is reached. The Presiding Officer may change the order of speakers so testimony is heard in the most logical groupings, such as proponents, opponents, adjacent owners, vested interests, etc.

1006.3.3 Overruling a Vote

Any ruling by the Presiding Officer under the preceding two (2) subsections may be overruled by a vote of a majority of members present.

1006.3.4 Consent Agenda

The Director, working with the Presiding Officer, shall place matters on the Consent Agenda that: (a) have been previously discussed by the Commission; or (b) are based on information given to Commission members by administration and can be reviewed without further explanation; or (c) are so routine or technical in nature that passage is likely; or (d) are directed by the District Commission.

The proper Commission motion on the Consent Agenda is: “I move for adoption of the Consent Agenda.” This motion shall be non-debatable and has the effect of adopting all items on the Consent Agenda. Since adopting the Consent Agenda implies unanimous approval of all items, any member of the Commission shall have the right to remove any item from the Consent Agenda.

Before the vote on the motion to adopt the Consent Agenda, the Presiding Officer shall ask if any Commissioner wishes to withdraw an item from the Consent Agenda. The Presiding Officer shall place a withdrawn item on the agenda for the current or a future meeting.

1006.4 Procedures for a Public Hearing

1006.4.1 Signing In

Before beginning the “Comments from the Public” portion of a public hearing, the Presiding Officer may require that each person wishing to speak sign in with the Clerk. Each individual shall provide his or her name, address, the agenda item, and indicate whether he or she wishes to speak as a proponent, opponent, or otherwise. Any person who fails to sign in shall not be permitted to speak until all those who signed in have spoken. At any public hearing, all persons who have signed in and wish to be heard shall be heard. The Presiding Officer shall be authorized to set speaker time limits and control presentations to avoid repetition. The same procedures apply in meetings that are not quasi-judicial. The Presiding Officer may change the order of speakers so testimony is heard in logical groupings, such as proponents, opponents, adjacent owners, vested interests, etc.

1006.4.2 Introduction of Agenda Item

The Presiding Officer shall introduce the agenda item, open the public hearing, and announce the following Rules of Order:

“All comments by proponents, opponents, or the public shall be made from the speaker’s rostrum. Any person making comments shall first give their

name and address. This is required because an official record of the public hearing is being made.”

1006.4.3 Public Comment

Public comment shall be received after an agenda item is introduced.

1006.4.4 Closing Public Hearing

The Presiding Officer shall close the public hearing following the conclusion of all matters to be heard.

1006.4.5 Inquiry for Motion

Following the close of the public hearing, the Presiding Officer shall inquire as to whether there is a motion by any Commissioner. Motions shall be affirmative. After the motion and its second, the Commissioners shall discuss the item. The Presiding Officer may call upon individual Commissioners in the discussion.

1006.4.6 Inquiry for Further Discussion

The Presiding Officer shall inquire if there is any further discussion by the Commissioners.

1006.4.7 Inquiry for Final Comments

The Presiding Officer shall inquire if there are any final comments or recommendations from the Director or District Staff.

1006.4.8 Directions to Administration

The Presiding Officer may direct the Director or District Staff to prepare findings consistent with the action.

1006.5 Voting

The votes during all meetings of the Commission shall be transacted as follows:

1006.5.1 Voice Votes

Unless otherwise provided for by statute, ordinance, or resolution, all votes shall be taken by voice. At the request of any Commissioner, a roll call vote shall be taken by the Clerk. The order of the roll call vote shall be determined by the Presiding Officer.

1006.5.2 Tie Votes

In the case of a tie vote on any proposal, the proposal shall be considered lost.

1006.5.3 Commissioners Required to Vote

Unless otherwise excused, every Commissioner who was present when the question was put shall give their vote. If any Commissioner declines to vote “yes” or “no,” such vote shall be counted as a “yes” vote.

1006.5.4 Majority Vote Required

The passage of any motion or resolution requires the affirmative vote of a majority of the members of the Commission. (A majority of the highway commissioners may exercise all of the powers of the Board.) (Reference Idaho Code, Section 4-1306(2).)

1006.6 Committee Procedures

1006.6.1 Special Ad Hoc Citizen Advisory Committees

Special ad hoc citizen advisory committees may be created by the Commission for a particular purpose. Committee members shall be appointed by the President, with the advice and consent of the Commission. The Director shall appoint the chair of the Committee. Citizen study committees shall sunset at the end of their mission, but no later than the end of each calendar year unless specifically continued by the Commission for a specified period. One Commissioner may be appointed as a liaison member of a Citizen advisory committee.

1006.6.2 Committee Recommendations

Committees may make recommendations on proposed programs, services, ordinances, and resolutions in their area of responsibility before action is taken by the Commission. The Committee Chair may present the committee recommendations during the discussion of the item of business.

1006.6.3 Staff Members on Committees

Employees shall staff the various committees as directed by the Director, but no staff person shall serve as a member of a District citizen study committee.

1006.6.4 Minutes

Minutes may, but need not, be taken at committee meetings.

1006.7 Enacted Ordinances, Resolutions and Motions

An enacted ordinance is a legislative act prescribing general, uniform, and permanent rules of conduct of the corporate business of the District. Commission action shall be taken by ordinance when authorized required by law, to prescribe permanent rules of conduct that continue in force until repealed, or when such conduct is enforced by penalty.

An enacted resolution is an internal legislative act that is a formal statement of policy concerning matters of special or temporary character. Commission action shall be taken by resolution when required by law, and when a more formal expression of policy is desired.

An enacted motion is an action taken by the Commission to direct that a specific procedure be done. A motion, once approved and entered into the record, is the same as a resolution when a resolution is not required by law.

1006.8 Resolutions

A resolution may be passed on the same day it was introduced. The title of each resolution shall be read before its passage. If a majority of the Commissioners present request that the entire resolution or certain of its sections be read, such requests shall be granted. Printed copies shall be made available upon request to any person attending a Commission meeting.

1006.9 Ordinance Procedures

1006.9.1 Final Passage

Except for the Impact Fee Ordinance as provided below, an ordinance may be passed on the same day it was introduced. The title of each ordinance shall be read before its passage. If a majority of the Commissioners present request that the entire ordinance or certain of its sections be read, such requests shall be granted. Printed copies shall be made available upon request to any person attending a Commission meeting.

1006.9.2 Impact Fees Ordinance

Title 67, Chapter 82, Idaho Code, must be followed with respect to any Impact Fee Ordinance.

1006.9.3 Study of Ordinance

A Commissioner may, in open session, request that the Commission study the wisdom of enacting a particular ordinance. By affirmative motion, the Commission may assign the proposed ordinance to a specific committee for study and consideration. The committee shall report its findings to the Commission.

1006.9.4 Failed Motion

If a motion to pass an ordinance fails, the ordinance shall be considered lost.

1006.9.5 Supermajority Vote Required

The passage of any ordinance requires the affirmative vote of two-thirds (2/3) of the members of the full countywide highway district commission. (Reference Idaho Code, Section 40-1406.)

1006.10 Permission Required to Address the Commission

Persons other than Commissioners and management shall be permitted to address the Commission when recognized by the Presiding Officer.

1006.11 Reconsideration

A Commissioner, a member of ACHD staff, or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties.

Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present.

If a motion to reconsider is made and seconded, it is subject to a motion to postpone to a certain time.

A motion for reconsideration may be made at the same meeting as the action to be reconsidered was taken. If not made at that time, the following procedure shall be followed:

1. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission’s next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting.

2. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information

establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting.

3. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides.

4. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable.

5. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission.

1006.12 Complaints and Suggestions to Commission

When citizen complaints or suggestions are brought before the District Commission, other than for items on an agenda, the following procedures apply.

1006.12.1 Handling Complaints and Suggestions

If the Commission finds such complaint involves a change in an ordinance or resolution of the District, the matter may be referred to a committee or to the Director for study and recommendation.

1006.12.2 Complaints About Administrative Staff

For complaints about administrative staff performance, interpretation of legislative policy, or administrative policy under the authority of the Director, the Commission may refer the complaint to the Director for review, unless the complaint has already been reviewed. The District Commission may direct that the Director report to the Commission when the response is made.

1006.13 Filling Commission Vacancies

The following procedures shall be used to fill a vacancy in the office of Commissioner. Until an election is held, the vacancy should be filled by the most qualified person available. The Commission will publish a notice of the vacancy and distribute the application procedure and any

application form. The Commission will prepare an application form allowing the applicant to provide information responsive to relevant questions posed by the Commission. The completed application form will be used during the interview of each candidate to aid the Commission’s selection of the new Commissioner.

1006.14 Photographs, Motion Pictures, Video Tape – Permission Required for Artificial Illumination

No photographs, motion pictures, or video tapes that require the use of flash bulbs, electronic flashes, flood lights, or similar artificial illumination shall be made at the District Commission meetings without the consent of the Presiding Officer or a majority of the Commission.

1006.15 Commission Guidelines

In addition to the Rules of Procedure, each District Commissioner should be familiar with the District Commission guidelines as they may, from time to time, be changed. These guidelines are advisory only. In the event of any conflict between these guidelines and any relevant provision of state law, the state law shall control.

1007. EXTERNAL COORDINATION AND COOPERATION

The work performed by the District requires close coordination among many government entities, organizations, groups and individuals. Each project is unique and the need for external coordination and cooperation has to be determined for each activity. The interest of most organizations in District activities varies, depending on how directly the activities affect them.

The following is a list of organizations with which the District regularly works:

1007.1 Community Planning Association of Southwest Idaho (COMPASS)

The Community Planning Association of Southwest Idaho (COMPASS) is the long-range transportation planning agency for the Treasure Valley. COMPASS is involved in numerous regularly-scheduled activities and special projects that require close coordination and cooperation. Examples of these responsibilities include: Long Range Transportation Plan, Functional Classification Map, Transportation Improvement Program; Transportation Data/Modeling, Road Impact Fee Support, Map Maintenance, Development Monitoring, and Demographic Updates.

1007.2 Idaho Transportation Department (ITD)

There are two (2) distinct groups within ITD which need to be identified: ITD Headquarters and ITD District III.

1007.2.1 ITD Headquarters

The ITD Headquarters activities that the District may participate in, benefit from, or provide input for, include: management of the highway distribution account, administration of the local option registration fee, employee training, administration of federal programs, public information, local road programs, and the bridge inspection program.

1007.2.2 ITD District III

ITD District III includes several counties in southwestern Idaho. ITD District III duties focus on construction and maintenance activities on state and federal highways.

1007.3 Ada County

The primary activities requiring interaction with Ada County include: the Geographic Information System, development proposals, and law enforcement.

1007.4 Cities in Ada County

Primary city government activities requiring interaction with the District include: development proposals, joint agreement implementation, drainage, facility installations (including street lights, water, sewer, geothermal, parks and storm drains), and law enforcement. Activities occurring outside of the city limits, but within the respective city area of impact, may include involvement of both the city and Ada County.

1007.5 Idaho Association of Highway Districts

The District is a member of the Statewide Association. The District and the Association work primarily on legislative issues.

1007.6 Utilities

Utility companies are affected by most District projects. They must get permission to work in District rights-of-way for their projects. The District’s participation in DIG Line, the Utility Coordinating Council, and its notification process for pending projects are important aspects of working closely with the utilities.

1007.7 Media

It is extremely important to keep the media informed of District activities. District policy about the media is discussed in Section 1010 below.

1007.8 Public

The public is affected by nearly everything the District does. It is important that the affected public be informed and given an opportunity to provide

input about the District activities. District policy about the public is discussed in Section 1010.

1007.9 Service and Civic Organizations

Periodically, the District is asked to speak about District activities or programs at an organization meeting. The policy of the District is to accept such invitations. These organizations can be important supporters of the District.

1007.10 Internal

Close coordination and full cooperation between the departments, divisions, sections, and individuals are essential if the District is to perform the work and provide the services mandated in the most efficient manner. Every employee shall extend every effort to work effectively with fellow employees.

1008. OUTREACH PROGRAM

The District has an Outreach Program to cooperate with individuals and organizations in Ada County. The purpose of the program is to:

• Improve District credibility with the citizens of Ada County;

• Increase the flow of information about District programs;

• Gain support for District projects through better understanding;

• Provide a forum for public input on District activities;

• Increase efforts to include citizen concerns in the planning process;

• Respond quickly to questions and issues raised by the public; and

• Improve public opinion about the District.

The elements of the program are outlined below.

1009. BUILDING THE PROGRAM

1009.1 The Role of Staff

District employees have a major impact on District relations with the public. They meet others through casual contact, by responding to inquiries and complaints, and in conducting activities visible to the public.

1009.1.1 Casual Contact

While at work, most District employees have both formal and informal contact with the public and with representatives of other agencies. Employees are responsible for being well informed about activities in which they are involved so as not to mislead the public. Supervisors shall help the employees become well informed.

Employees who are well informed about their jobs, District work goals, and the responsibilities of their divisions are able to discuss matters of public interest more effectively. All public contact should be conducted in a positive, polite and businesslike manner. Abusive or profane language shall not be used during public contact.

1009.1.2 Inquiries and Complaints

District staff members should be sufficiently knowledgeable of their activities and able to adequately respond to routine questions. An employee who is unable to respond to a routine question should know where to look, who to ask, or to whom the question should be referred. The public should not be forced to work their way through a maze of governmental bureaucracy.

Most complaints result from providing incomplete, inadequate, or incorrect information. With some complaints, it is very difficult to correct the cause. Other complaints must be worked out over a long period of time. Most complaints point out some inadequacy, either in the District’s programs or the ability to disseminate information to the public. When a citizen has a complaint, small details are important. No matter how busy employees are, they should listen attentively. The problem is important to the individual, no matter how insignificant it might be to the overall program.

1009.2 Public Involvement in Project Development

See Section 3105.6.1.

1009.3 Capital Investment Citizens Advisory Committee (CICAC)

The CICAC is a recommending body that helps the District Commissioners carry out the responsibilities of the district. Advice from the CICAC helps the Commission set policy for the construction and installation of streets, roads and related structures. The CICAC is a fourteen member committee, composed of two (2) members from each city and the county, which shall be comprised of one (1) land use planning director (or planning designee) and one (1) resident citizen. Of the appointed citizen membership, a minimum of two (2) members shall be active in the business of development, building or real estate. The remaining citizen membership shall be comprised of individuals that are active and have occupational expertise as follows:

1. Civil or traffic engineering – a minimum of one (1) member;

2. Economics, accounting, or finance - a minimum of one (1) member;

3. Neighborhood organization - a minimum of one (1) member; and

4. Highway and bridge construction - a minimum of one (1)

The CICAC is a part of the District’s outreach program to get the county, cities, and citizens involved in one of the District’s major activities. District staff shall support the CICAC to help the Committee develop sound recommendations for the Commissioners.

1009.4 Ad Hoc Committees

Citizen ad hoc committees are brought together for special, sensitive, or controversial projects or programs. They are an effective method of assuring public involvement while working with a limited segment of the population. The District considers ad hoc committees on all projects and programs.

1009.5 Other Outreach Techniques

Today’s public demands that governing organizations earn their support. The public wants to know about activities and wants to be asked for their advice on projects and programs that concern them. The District cannot merely feed people information when it thinks they need it. Different methods must be used to reach many different segments of the public. The methods include small conferences, home meetings, focus groups, public forums, mass mailings, civic group meetings, and one-on-one discussions.

10010. COMMUNICATING

10010.1 Communicating With the Public

General guidelines for communicating with the public are discussed in Section 1009.1 above. Employees should never mislead or antagonize the public. They should describe a situation in lay terms so the average person can understand, avoid arguments, and use light humor sparingly. (“We are going through the middle of your house” is not very funny to a concerned homeowner.)

10010.2 Communicating With the Media

The District frequently receives negative press coverage. Stories distort District handling of various activities. Therefore, District employees should routinely involve the Communications Department. public relations (PR) person whenever that person’s insight would help the situation. Without the PR person, Department Managers normally handle media requests. Department Managers may delegate interaction with the media on a case-by-case basis. The individual must have enough knowledge to represent

the District well, and the Manager should counsel the employee before the interview. All controversial and sensitive subjects shall be referred to the Communication Department and public relations person or the Director.

10011. NEWS RELEASES

All news releases shall be are prepared and distributed by the Communications Department. District public relations person. The respective Department or Division Managers must inform the PR person of all newsworthy items. The Communications Department PR person may contact various employees for news release details, and each employee shall cooperate fully.

9194743_1.docx

4002 VACATION AND ABANDONMENT OF PUBLIC RIGHTS-OF-WAY

All vacations and abandonments will comply with the requirements of Idaho Code Title 40, Chapter 2, Section 203.

4002.1 Definitions

As used in this section, the following definitions apply:

a. “ACHD” or “District” is the Ada County Highway District.

b. “Applicant” means the person or persons submitting the petition for vacation.

Applicant shall be a resident or property holder within the highway district system including the State of Idaho, any of its subdivisions, or an agency of the Federal government.

c. “Appraisal” means the opinion of fair market value for Public Right-of-Way in

accordance with the Uniform Standards of Professional Appraisal Practice prepared by an Appraiser who is license and certified by the State of Idaho.

d. “Board” is the Board of Commissioners of the Ada County Highway District.

e. “Determination of Value” means the opinion of fair market value for Public

Right-of-Way prepared in accordance with the Uniform Standards of Professional Appraisal Practice by trained ACHD staff.

f. “Director” is the duly appointed and acting Director of the Ada County

Highway District.

g. “Person” means every natural person, firm fiduciary, copartnership, association, corporation, trustee, receiver or assignee for the benefit of creditors.

h. “Public Right-of-Way” means a highway, right-of-way, street, or alley within

Ada County open to the public (whether or not constructed) and under the jurisdiction of ACHD. A public right-of-way includes a right-of-way which was originally intended for development as a highway and was accepted on behalf of the public by deed of purchase, fee simple title, authorized easement, eminent domain, by plat, or by prescriptive use. Public right-of-way shall include public easements granted to ACHD for utility, drainage, access, and other purposes.

i. “Staff” means the designated agents, employees and consultants of the

District.

4002.2 Fees (Legal Advertising and Mailing)

Applicants seeking vacation or abandonment of public rights-of-way must pay fees established by the Board. The fees shall cover the actual cost of the proceeding, including but not limited to, legal advertising and certified mailings to property owners. The total fees required may exceed the initial application fee established by the Board.

4002.3 Mitigation for Loss of Public Resources

Applicants seeking vacation or abandonment of public rights-of-way may have to install public improvements, such as curbs, gutters, sidewalk and pavement match.

4002.4 Vacation and Abandonment of Public Rights-of-Way

4002.4.1 Intention to Abandon and Vacate/Petition to Abandon and Vacate

a. The Board may by resolution declare its intention to abandon and vacate any public right-of-way, or to reclassify a public highway as a public right-of-way, where doing so is in the public interest.

b. Any resident or property holder within Ada County may petition

the Board to abandon and vacate any public right-of-way within Ada County.

i. Petitioner shall pay a reasonable application fee stablished

by the Board pursuant to Section 4002.2 to cover the costs of the proceeding.

ii. Once a public hearing is scheduled, and the public hearing

is held, no portion of the application fee will be returned to the applicant, regardless of whether the abandonment and vacation request is approved or denied.

4002.4.2 Procedures for Filing Petitions to Abandon and Vacate All petitions to abandon and vacate shall be filed with the office of the Director or his designee in writing. The petition shall contain the following:

a. Name, address, and telephone number of applicant, and/or representative who can be contacted in the event additional information is required.

b. Statement of the basis, including reasons, upon which the

abandonment and vacation is sought.

c. A map or plat showing the area of public right-of-way sought to be abandoned and vacated.

d. Legal description of the public right-of-way to be abandoned and vacated.

e. Designation of, including name, address, and telephone

number of adjacent property owners, with the Ada County Assessor’s parcel number of all property adjacent to the public right-of-way sought to be abandoned and vacated.

f. A signed petition indicating the designation of all adjacent

property owners who consent to public right-of-way being abandoned and vacated.

g. A proposed division or reversion of the public right-of-way

sought to be abandoned and vacated if other than normal one- half (½) to each adjacent property owner, or a statement that

each adjacent property owner shall receive one-half (½) of the public right-of-way sought to be abandoned and vacated.

h. A reasonable application fee as determined by the Board to

cover the costs of the staff investigation, legal, publication and administrative costs, or in extraordinary circumstances a reasonable amount to be determined by the Director.

i. An appraisal of the area of public right-of-way sought to be

abandoned and vacated, prepared by a licensed appraiser pre- approved by ACHD, pursuant to Subsection 4002.4.8.a.

j. Sign in sheet for the pre-application neighborhood meeting.

4002.4.3 Hearing Date Upon declaration of its intention to abandon and vacate or upon the filing of a complete petition to abandon and vacate, the Board shall establish a public hearing date for the proposed abandonment and vacation of the public right-of-way within Ada County.

4002.4.4 Notice of Public Hearing

a. The Board shall prepare a public notice stating its intention to hold a public hearing to consider the proposed abandonment and vacation of the public right-of-way which shall be made available to the public not less than thirty (30) days prior to any hearing and mailed to any person requesting a copy not more than three (3) working days after such request.

b. At least thirty (30) days prior to any hearing scheduled by the

Board to consider abandonment and vacation of any public right-of-way, the Board will send notice by United States mail to known owners and operators of the underground and above ground facilities that lie within the public right-of-way.

c. At least thirty (30) days prior to any hearing scheduled by the

Board to consider abandonment and vacation of any public right-of-way, the Board shall send notice by United States mail to owners of record of land located within three hundred (300) feet of the external boundaries of the area described in the petition, at their addresses as shown on the Ada County Assessor’s tax rolls.

d. Such public notice of the hearing shall be published at least

three (3) times in the officially designated daily newspaper, the last notice to be published at least five (5) days and not more than twenty-one (21) days prior to the hearing.

e. Any vacation of the public right-of-way located inside or

within one (1) mile of a city shall also require written notification to the city by regular mail at least thirty (30) days prior to the vacation.

4002.4.5 Pre-Application Neighborhood Meeting

At least five (5) days, but no more than ninety (90) days before submitting the petition, the petitioner shall conduct a neighborhood meeting which shall be held at a time and place that facilitates attendance of property owners within three hundred (300) feet of the external boundaries of the area described in the petition. The petitioner shall invite all property owners within three hundred (300) feet of the external boundaries of the area described in the petition to the pre-application neighborhood meeting and such invitations shall be delivered to them at their mailing addresses as shown on the Ada County Assessor’s tax rolls. With the petition’s submittal, the petitioner shall provide ACHD the sign in sheet for the pre- application neighborhood meeting, along with satisfactory evidence of the delivery of the required invitations.

4002.4.6 Pre-Hearing Meeting with ACHD Staff

At least fifteen (15) days before the public hearing, the petitioner shall meet with ACHD staff to discuss the petition.

4002.4.7 Public Hearing

a. At the hearing, the Board shall accept all information relating to

the proceedings from any person, including the State of Idaho or any of its subdivisions or any agency of the federal government who may appear and give testimony for or against the abandonment and vacation.

b. After the completion of the proceeding and consideration of all

related information, the Board will decide whether the abandonment and vacation of the public right-of-way is in the public interest. Pursuant to Idaho Code 40-203(5), certain highways or public rights-of-way created solely by a particular type of common law dedication shall be deemed abandoned by the Board regardless of whether it is or is not in the public interest to retain said highway or public right-of-way for use by the public.

c. The decision whether or not to abandon and vacate the public

right-of-way shall be written and shall be supported by findings of fact and conclusions of law. The findings of fact and conclusions of law shall become part of the record of the proceeding.

4002.4.8 Consent of Adjoining Owners Vacation of Public Right-of-Way Accepted and Recorded as Part of Plat or Subdivided Tract

a. No vacation of a public right-of-way or any part thereof having

been duly accepted and recorded as part of a plat or subdivided tract shall take place unless the consent of the adjoining owners be obtained in writing and delivered to ACHD.

b. The public right-of-way may, nevertheless, be vacated without

the consent of the owners of the property abutting upon the public right-of-way when the public right-of-way has not been opened or used by the public for a period of five (5) years and when the nonconsenting owner or owners have access to his, her, or their property from some other public right-of-way or private road. However, before such order of vacation can be entered it must appear to the satisfaction of the Board that the owner or owners of the property abutting said public right-of-way have been served with notice of the proposed abandonment in the same manner and for the same time as is now or may hereafter be provided for the service of the summons in an action at law.

4002.4.98 Abandonment and Vacation of Right-of-Way with a Fair Market Value of $2,500 or More

a. ACHD staff shall make a preliminary determination whether the

fair market value of the area proposed to be abandoned and vacated is Two Thousand Five Hundred ($2,500) or more. Where it is estimated that the fair market value is Two Thousand Five Hundred ($2,500) or more, the applicant shall pay for and obtain an appraisal to determine the fair market value for the area proposed to be abandoned and vacated, by a licensed appraiser pre-approved by ACHD. Pursuant to Subsection 4002.4.2.i., the appraisal shall be submitted as part of the petition.

b. If the Board determines that a public right-of-way parcel to be

abandoned and vacated in accordance with the provisions of this section has a fair market value of Two Thousand Five Hundred Dollars ($2,500) or more, a charge may be imposed upon the acquiring entity, not in excess of the fair market value of the parcel, as a condition of the abandonment and vacation.

c. No such charge shall be imposed on a land owner who originally

dedicated such parcel to the public for use as a public right-of- way and provided further that if the public right-of-way was originally a federal land right-of-way, said public right-of-way shall revert to a federal land right-of-way.

4002.4.109 Recording of Resolution and Quitclaim Deed

If the abandonment and vacation is approved, the abandonment and vacation will be effectuated by the adoption of a resolution by the Board and execution of a quitclaim deed. The Board shall cause the resolution and quitclaim deed to be recorded in the county records and the abandonment and vacation shall be reflected on the official map of the highway system only upon the receipt of full payment of all applicable charges, costs and fees by Petitioner or upon the expiration of the statutory appeal time, whichever is later. If the Petitioner has not paid all applicable charges, costs and fees within 120 days of the Board’s approval of the abandonment and vacation, the Board may, at a public hearing and upon 30 days’ notice of said public hearing to the Petitioner by certified mail and adjacent

property owners by regular mail, declare the abandonment and vacation void and issue a resolution declaring the same.

4002.4.110 Land Locked Parcel

No public right-of-way or parts thereof shall be abandoned and vacated so as to leave any real property adjoining the public right-of-way without access to an established public right-of-way. The burden of proof shall be on the impacted property owner to establish this fact.

4002.4.121 Reservation of Easements

In the event of abandonment and vacation, rights-of-way, or easements shall be reserved for the continued use of existing or proposed sewer, gas, water or similar pipelines and appurtenances or other underground facilities as defined in Idaho Code § 55-2202, for ditches or canals and appurtenances and for electric, telephone and similar lines and appurtenances, and for above ground facilities.

4002.4.132 Impeding or Restricting the Right to Use Public Right-of-Way

Until vacation is authorized by the Board by recordation of the resolution, public use of the public right-of-way may not be restricted or impeded by encroachment or installation of any obstruction restricting the public use, or by the installation of signs or notices that might tend to restrict or prohibit public use.

4002.4.143 Vesting of Title

Any public right-of-way having been duly accepted and recorded as part of a plat or subdivided tract or any part thereof having been vacated by the Board, shall vest, and all right and title thereto shall be distributed, in accordance with section 50-311. All other public right-of-way or part thereof having been vacated by the Board, shall vest, and all right and title thereto shall be distributed as provided in the proposed division stated in the petition.

5000 TRAFFIC AND TRANSPORTATION

5001 LEGISLATIVE AUTHORITY

The legislative authority for this Department is established by Title 40 and Title 49, Idaho Code.

5002 GENERALOVERVIEW The Ada County Highway District's (ACHD) Traffic Department is responsible for planning, designing and managing efficient traffic flow and traffic safety throughout Ada County. The Traffic Department is comprised of Traffic Engineering Section, Congestion Management Section and Traffic Operations Section. The Department handles all traffic related issues (design, installation and maintenance) on public roads in Ada County except those on the State Highway and Interstate system (which are under the jurisdiction of the Idaho Transportation Department [ITD]). ACHD, by agreement, also maintains all traffic signals and most Intelligent Transportation Systems (ITS) on the ITD system within Ada County. The Department also conducts traffic engineering investigations to determine traffic control needs. It is also responsible for determining and posting speed limits and placing striping and signing on all ACHD-maintained roadways.

5101 TRAFFIC DESIGN

5101.1 Traffic Signal Design Procedures

Traffic signal design shall be done according to standards set forth in ACHD’s Standard Traffic Details (Section 1100), ACHD’s Standard Traffic Specifications, the Manual on Uniform Traffic Control Devices (MUTCD), and good engineering practice. This policy includes existing traffic signals to be reconstructed by ACHD or under contract.

Traffic signals shall be installed only after a traffic engineering investigation or study determines that specific warrant(s) are met. Signal warrants to be considered are found in the most recently adopted edition of the MUTCD. Other intersection treatments (all-way stop control, warning sign improvements, etc.) should be considered prior to signal installation. Roundabouts should be considered as an alternative to traffic signal installation. Guidelines for roundabout consideration in Ada County should be followed in accordance with Section 5108 of this policy. Traffic signals may be installed as part of traffic improvement plans. Wherever feasible, signal poles, the controller cabinet and other devices installed as part of signal control should be placed at the “ultimate” location to avoid having to move them in the future. Temporary pedestrian push button poles may be necessary to address interim or ultimate conditions to accommodate pedestrian accessibility.

Signal controller cabinets and service pedestals should be placed where they will not create a sight obstruction. See ACHD’s Traffic Standard Details (TS-1111) for additional information. Traffic signals, unless otherwise directed by ACHD’s Traffic Department, should have provisions for signal interconnect with adjacent traffic signals and/or ACHD’s Traffic Management Center (TMC). Design for signal interconnect, when included as part of the project scope, shall include provisions for conduit and junction box installation from the controller to the project limits on all approaches with direction from ACHD’s Traffic Department.

The traffic signal plan shall include appropriate signing to indicate the conditions encountered by drivers. See ACHD’s Traffic Standard Details (TS-1117) for additional information. The traffic signal plan shall also be accompanied by a striping plan that extends on each intersection approach to the point where new markings match existing markings. The striping plan shall also show all driveway locations, traffic signage and on-street parking regulations within the defined section.

5101.2 Traffic Marking Design Procedures

Part 3 of the MUTCD provides standards and guidance with regard to the marking of roadways. Minor modifications and refinements are provided by ACHD policies and procedures. Particular concerns in marking design are as follows:

1. Taper Lengths

Taper rates generally apply to the development of separate left and right turn lanes. They can also refer to instances where a roadway has a change in alignment.

Guidelines for calculating taper lengths can be found in ACHD’s Traffic Standard Details (TS-1112). Other appropriate reference sources include the most recently published versions of AASHTO’s “A Policy on Geometric Design of Highways and Streets and the Institute of Transportation Engineer’s (ITE) “Traffic Engineering Handbook”.

The recommended departure taper from the through traffic lane to a right turn lane is a straight line 10:1. This distance may need to be adjusted in situations where intersection geometry and turning demand dictate a longer taper is necessary to accommodate turning traffic. Significant deviation from this taper length shall only occur with the approval of the ACHD Traffic Engineer.

2. The Use of Double/Double Yellow Markings vs. Two-Way Left Turn Lane

(TWLTL) Markings

The distinction between TWLTL turn lane markings and barrier markings (double/double yellow) is often misunderstood by the public; the latter

treatment should not be extensively employed. Where crossing the roadway centerline is discouraged or at locations where left turns do not occur, barrier markings provide the proper message. However, in most cases, they should be supplemented with movement prohibition signs, channelizing devices, and/or a raised concrete median.

3. Continuity of Through Travel Lanes

Markings shall be arranged to maintain maximum continuity for through travel lanes. In situations where an intersection widening project precedes a roadway widening project, there may be temporary add/drop lanes while allowing provisions for adding and dropping lanes. Right or left turn drop lanes at major intersections should be avoided, if feasible. Drop lanes also require sufficient advance warning signage, per MUTCD criteria, for the approaching condition.

The applicable roadways should be marked under a plan prepared or approved by ACHD’s Traffic Department. Guidelines for auxiliary through lanes can be found in ACHD’s Traffic Standard Details (TS-1112).

4. New Roadway Improvements From Private Development That Allow for

Improved Striping

Striping modifications should be considered when additional pavement width is installed with commercial development or residential subdivisions. Traffic Engineering should be notified before routine restriping is performed.

5101.3 Bicycle Facility Design

Bicycle facility design shall consider ACHD’s Livable Street Design Guide, the Ada County Roadways to Bikeways Master Plan and other adopted plans. Where ACHD design details do not address the specific situation, the most recent version of AASHTO’s "Guide for the Development of Bicycle Facilities" shall be consulted. Another resource for bicycle facility design may include the National Association of City Transportation Officials’ (NACTO) “Urban Bikeway Design Guide”.

Bicycle facilities are to be signed and marked according to ACHD’s Traffic Standard Details (TS-1112) and the MUTCD. Bike lane widths less than those recommended may be approved by ACHD’s Traffic Department on a case by case basis to provide facility continuity under constrained conditions.

5101.4 Roadside Barriers

Roadside barriers include devices specifically designed to reduce the severity of crashes or roadway departures within reasonable financial constraints. They lessen the impact of a vehicle with a roadside object (e.g.: utility pole, bridge abutments) or redirect errant vehicles away from an unusual roadside situation (e.g.: steep, non-recoverable slope). Barriers should only be placed

at locations where the result of striking the barrier is likely to be less severe than striking the hazard that the barrier is designed to protect. Frequently, the need for a traffic barrier is based on the probable risk to the driver and occupants of an errant vehicle. The factors considered include:

• height and slope of fill; • shoulder/clear zone width; • horizontal roadway curvature; • vehicular speeds, • traffic volumes, • roadside conditions, including obstacles.

The primary resource for determining whether to place a barrier and how to design it is the most recent version of AASHTO’s "Roadside Design Guide".

5101.5 Transit Operations

The following factors should be considered regarding transit operations in the design of ACHD projects and approval of private development projects:

1. The pavement structural design, with current and anticipated bus traffic.

This may apply to roadways where Valley Regional Transit (VRT) maintains existing routes in addition to roadways where buses may operate in the future.

2. The turning radii of buses with current and anticipated bus traffic.

3. Bus turnouts at key locations where bus layovers and transfers are likely to occur. These locations should be identified in coordination with VRT.

4. Specific locations for signed bus stops should be selected in coordination

with VRT. ACHD generally prefers stops on the far side of a signalized intersection, as this allows right turning vehicles to proceed without being blocked by a stopped bus. Consideration for near side stops should be based on site specific conditions (sidewalks, sight distance limitations, bus routing, etc.).

5. Installation of transit amenities associated with ACHD or private

improvement projects, such as bus benches and shelters, shall be coordinated with VRT. Refer to VRT’s most recently adopted version of their “Bus Stop Location and Transit Amenities Development Guidelines” for further details regarding bus stop placement and design throughout the VRT service area.

6. Active or passive Transit Signal Priority (TSP) techniques to assist bus

traffic along transit routes should be identified in coordination with VRT. Refer to Section 5201.3 (Emergency Vehicle Preemption/Bus Preemption) for additional details regarding TSP requirements.

5101.6 Pedestrian Accessibility

Consideration shall be given to the needs of persons with disabilities when designing ACHD projects and approving private improvement projects. Particular attention should be given to meeting the applicable provisions of the most recently adopted version of the Americans with Disabilities Act (ADA), Standards for Accessible Design. Examples of items in ACHD projects that shall conform to the ADA are pedestrian ramps, pedestrian push button detection at signalized intersections and sidewalk barriers that result in inadequate lateral clearance. Areas that have a high concentration of elderly or disabled individuals should be provided additional consideration in traffic design for items such as audible pedestrian signals, signing, accessibility, etc. The applicable standards for identification of deficiencies are the ADA Standards for Accessible Design and AASHTO's "A Policy on Geometric Design of Highways and Streets".

5101.7 Railroad Preemption and Crossing Improvements

ACHD shall encourage railroad preemption where an active railroad crosses one of the approach legs to a signalized intersection. ACHD shall work cooperatively with the railroad operator to work out the best compromise for traffic safety and efficiency. Motion sensing devices shall be required in advance of railroad preemption if there is the potential for a train to stop near the street crossing and keep the flashing red lights operating or hold gates in a closed position. All railroad preemption devices and proposed crossing improvements shall conform to the most recently adopted version of the MUTCD.

5101.8 Construction Traffic Control Plan Review

ACHD Traffic Engineering staff reviews traffic control plan(s) associated with capital and private development projects to assure compliance with established standards in the most recently adopted version of the MUTCD and good engineering practice. Traffic Engineering also reviews the project specific traffic control during construction, at the request of ACHD’s Construction Services Section, and makes recommendations regarding traffic control changes. Traffic Engineering may also recommend special provisions or changes to the design and/or implementation of traffic control plans. The following items shall be considered in the review of traffic control plans:

1. Congestion that is likely to occur on the route, adjacent to the route, or on

parallel facilities. Time of day restrictions, including night work or weekend work only, may need to be implemented as part of the contract documents or approved traffic control.

2. Other construction activities (permit work, other capital and private projects, e.g.) in the general vicinity that are likely to occur simultaneously. In areas where multiple activities are taking place, care should be taken to avoid overlapping or conflicting traffic control.

3. Evaluate the inconvenience and amount of delay incurred due to the

proposed traffic restrictions. ACHD may compare users’ costs with the costs of a different construction method and traffic control plan to decide the best alternative. Several options may need to be considered.

4. Consider the affected community and the hardship on any group of people

or businesses due to the proposed traffic restrictions. Recent construction activity in the area is a relevant consideration.

5. Attempt to schedule construction so as not to conflict with major traffic

generating events, such as Boise State University home football games or other significant campus events, special events like the Twilight Criterium and the Western Idaho Fair, seasonal peaks (summer traffic near Barber Park, e.g.) and holiday shopping traffic around the Boise Towne Square Mall (see Sec. 5101.8.1 for further details on holiday permitting).

5101.8.1 Holiday Permit Guidelines

Roadwork in the public right-of-way that occurs between the Monday before Thanksgiving and the first working day after New Year’s Day presents specific concerns to ACHD and local businesses. Non-emergency permit requests for work during this time on roadways near major shopping areas should be considered as follows: 1. Daytime lane closures (9am to 4pm) may be allowed at the discretion

of ACHD’s Traffic Department, provided the affected street has more than one travel lane in a given direction. Daytime closures or flagging operation on two lane roadways may be considered provided the traffic can be reasonably detoured or operational problems are not created at nearby intersections. Where school walk routes or school access is affected, work times may be modified at the discretion of ACHD.

2. Overnight lane or roadway closures (10pm to 6am) may be considered in situations where daytime work cannot be allowed.

3. Lane or roadway closures that exceed 24 hours shall, under most circumstances, not be approved in primarily commercial areas during the holiday season as stated above.

4. Roadwork that affects on-street parking only should generally be allowed during the holiday season. Proposed roadwork may require approval from the appropriate City department responsible for metered or time restricted parking.

5. If a lane closure causes operating problems at nearby intersections, the ACHD Inspector may, at their discretion or in consulting with the Traffic Engineer, direct the permit holder to suspend work and open all travel lanes.

5101.9 Project Completion At the end of a project, Traffic Engineering shall make a final field review to assure compliance of traffic control devices with the construction plans, specifications and appropriate engineering standards. The field review may be performed in conjunction with a final project walk through organized by Construction Services. If a project significantly changes the character of a roadway, such as a project that increases the number of through lanes, Traffic Engineering may perform a traffic and engineering study to either confirm or revise the posted speed limit. This study should be performed within six months of project completion unless extenuating circumstances (other road work or significant development along the project, e.g.) dictate waiting for traffic conditions to normalize.

5101.10 Weight Limit Restrictions on Roads and Bridges

Weight restrictions should be posted on roadways and/or bridges according to the determination of ACHD’s or the State of Idaho's bridge inspection program. Advance posting may be appropriate for routes with large numbers of trucks, poor turn around conditions, or long distances to the nearest alternate route.

5102 TRAFFIC STUDIES

5102.1 Requirements and General Information Traffic impact studies shall be required in conjunction with private development. They shall be consistent with requirements set forth in ACHD’s Development Policy Manual.

5102.2 Traffic Studies

Traffic studies may be required for a variety of reasons on both capital and private development projects. Traffic Engineering should be an active participant in the review of those projects that involve ACHD maintained roads. Traffic studies may vary in size and scope. A one page study evaluating existing traffic volumes, accidents, and physical conditions may be sufficient in addressing traffic related issues associated with a project. A traffic study may be a more complex analysis of existing and future levels of service at several locations as well as possible capital and development project scenarios. They may consider various roadway concept alternatives, alignments, modes of travel, and project enhancements such as location of enhanced pedestrian crossings (PHBs, RRFBs, etc.) and roundabouts.

5103 TRAFFIC DATA AND ANALYSIS

5103.1 Crashes An annual review by Traffic Engineering shall be made of high crash locations (HCLs) to determine any collision patterns that might be correctable by changes to traffic control devices, roadway improvements, or other measures under ACHD control. A field visit of key intersections should take place in mid to late spring of each year once crash data has been entered and finalized for the previous calendar year. The five most recent years of crash data should be considered in the analysis. Periodic follow up for key locations should be made if significant changes are incorporated at a particular intersection (all-way stop control installation, protected left turn phasing, etc.).

5103.2 Traffic Counts

Machine traffic counts (volume) should be performed at regular intervals (preferably every two to three years on arterials and collectors) to obtain a sample of traffic volumes on ACHD roadways. This data helps determine growth trends and provides information for ACHD’s Planning and Programming Section as well as development and calibration of the long range model. Machine counts can also be employed for various traffic safety investigations and studies, design projects, traffic calming requests and other special needs. Traffic counts should be bidirectional, where feasible. Turning movement counts may be made where specific information is needed regarding intersection turning movements, traffic conflicts, and pedestrian and bicycle traffic. This information helps assess the need for crosswalks or other enhanced pedestrian crossings, perform signal warrant analyses and conduct other studies that help prioritize improvements. Morning turning movement counts are generally performed from 7am to 9am, midday counts are generally performed from 11am to 1pm and evening turning movement counts are generally performed from 4pm to 6pm. Other count times may be considered if the majority of anticipated pedestrian or vehicular traffic occurs outside of these timeframes (school drop off and release times, e.g.). Care should be used in placing traffic counters for basic data collection in areas where roadway construction may have a significant impact on traffic volumes for that segment. However, traffic counters may be a useful tool in determining impacts related to roadway construction (road closures, lane reductions, detours, etc.). Traffic count records shall be retained in accordance with Idaho Code and ACHD public records policy.

5103.3 Speed Studies

Speed studies shall be performed as part of a traffic and engineering study to set or reevaluate speed limits. A manual observation with a radar speed

measuring device is the accepted method for measuring speed for such a study. Machine speed measurements can be useful for lower volume locations, such as local streets, in an assessment of residential traffic management issues. They are, however, generally not a preferred method for measuring vehicular speeds for establishing speed limits. Machine data may be used as supplemental information on lower volume roadways where a manual radar study would take an excessive amount of time.

5103.4 Vehicle Classification Counts

Vehicle classification counts can be useful for pavement design, the design of some roadway geometric features (intersection curb radii, roundabout truck aprons, etc.) and the placement of traffic control devices. The use of a mechanical device for classifying vehicles may be cross-checked with manual observation of the traffic stream.

5103.5 Other Data Collection

Other types of traffic data may be collected for special studies. Examples include traffic control device compliance studies, gap studies and license plate surveys to determine cut through traffic.

5103.6 Traffic Signal Warrants

Traffic signal warrants from the most recently adopted version of the MUTCD shall be used as guidelines in considering the need for a traffic signal at an intersection. Other features that should be considered include the following:

• traffic circulation patterns; • spacing with respect to other controls; • physical characteristics of the intersection (such as horizontal and

vertical curvature).

Special consideration should be given to intersections that satisfy the school crossing warrant or the crash history warrant.

5103.7 Pedestrian Signal Warrants Pedestrian signal warrants from the most recently adopted version of the MUTCD shall be used in considering the need for a pedestrian signal or other enhanced crossing device (pedestrian hybrid beacon, rectangular rapid flashing beacon, etc.). Care should be made in avoiding placement of devices where there is a significant geometric feature that inhibits appropriate sight distance without supplemental provisions (advance signage, flashing beacons, etc.). Other features that should be considered include the following:

• established school walk routes;

• spacing with respect to other traffic control devices; • proximity to schools or other major pedestrian generators.

5104 TRAFFIC INVESTIGATIONS

5104.1 Traffic Safety Investigations

Traffic safety investigations are performed in response to requests from the public, other agencies, staff observations, or other manners in which a potential safety concern is identified. Documentation is made of the concern and the findings by Traffic Engineering staff. The conclusions should be based upon an engineering evaluation taking into account the following:

• traffic volumes; • crash history; • vehicular speeds; • physical conditions; • other relevant factors appropriate to the investigation.

Where ACHD conducts an investigation to determine the need for traffic control devices, the MUTCD shall serve as the primary set of guidelines for traffic control device use. Various Institute of Transportation Engineer (ITE) publications, the American Association of State Highway and Transportation Officials (AASHTO) policies, and other relevant professional and technical publications may also supplement the MUTCD. The District shall investigate school safety concerns based on requests from the school district or other parties. The most recently adopted version of the MUTCD shall serve as the primary guideline for placement of traffic control devices.

5104.2 Residential Traffic Management (Traffic Calming) ACHD shall cooperate with residents, other local agencies and neighborhood associations to manage residential traffic according to thresholds established in this policy. Traffic calming measures are roadway features and/or traffic controls that reduce the speed or volume of traffic on a street, and are not intended to address serious safety deficiencies in roadway geometry or traffic controls. The measures may include, but are not limited to, speed humps, speed tables, raised crosswalks, chicanes and mini-roundabouts.

5104.2.1 Prerequisites to Traffic Calming Prior to implementing traffic calming:

1. A traffic safety investigation consistent with procedures outlined in

Sec. 5104.1 shall be completed. This includes gathering data to determine eligibility for traffic calming, including speed and volume information as well as recent crash history.

2. If a roadway segment meets traffic calming criteria, residents shall

submit a petition showing support of 75% of the households on the impacted section of the street. For a local street, signatures representing a minimum of 10 households are required and may include other residents within the neighborhood where the number of houses on the street do not allow for satisfaction of this requirement. For a collector street, signatures representing 50% of the households of the adjacent local streets that, as defined by ACHD on a case-by-case basis, depend upon the collector for major street access, are also required.

3. For continuous collector streets, additional notification and public

involvement of drivers may be required. Collector streets with over 4000 vehicles per day (weekday average) are generally not appropriate facilities for speed humps or other measures that may divert traffic to other streets.

4. Input from emergency services (police, fire, EMT, etc.) should be

obtained by ACHD. Should the roadway be considered a primary response route, ACHD may decline to install traffic calming measures.

5. Where public transit service is routed along a street that is considered

for traffic calming measures, this shall not automatically disqualify the street from traffic calming implementation.

5104.2.2 Eligibility

Only residential streets with a posted speed limit of 30 mph or less and functionally classified as a local or collector street are eligible for traffic calming.

5104.2.3 Neighborhood Participation and Financial Contribution

When the cut-through traffic threshold established in Sec. 5104.2.5 or Sec. 5104.2.6 is exceeded, ACHD shall conduct a study to determine appropriate traffic calming measures, perform the design, conduct the public information process, fund the construction in accordance with available funds and priorities, administer the construction contract, and install all supplementary traffic controls such as signs and pavement markings. When the cut-through requirement is not met but traffic volume and/or speed thresholds are exceeded, the neighborhood is responsible for the construction costs. Payment shall be to ACHD in advance of any traffic calming construction and/or installation. ACHD shall provide the necessary supplementary traffic control devices such as appropriate signs and markings. If traffic thresholds outlined in this policy are not met, options available to the neighborhood include the following:

• Placement of a temporary speed trailer (See Sec. 5104.2.8). • Police enforcement.

5104.2.4 Minimum Criteria for Traffic Calming Eligibility

The following minimum criteria shall be met (applicable to both local and collector roads) for a street segment to be eligible for traffic calming: 1. The minimum street length to be considered for traffic calming

measures shall be 750’. Additional information in how this distance is measured can be found in ACHD’s Traffic Standard Details (TS-1121).

2. A 200’ minimum and 500’ maximum distance is required between traffic calming devices (measured center to center). A minimum of 300’ is required between stop or yield control, horizontal curves with 45 degree or greater deflection and any traffic calming device (except curb extensions). Minor variations in the aforementioned standards may be accepted by the ACHD Traffic Engineer.

3. The minimum average daily traffic (ADT), as measured by a weekday count of at least three days duration, shall be at least 400 vehicles.

4. The maximum average daily traffic (ADT), as measured by a weekday

count of at least three days duration, shall be no more than 4000 vehicles.

5104.2.5 Thresholds for Local Residential Roads

One of the following thresholds shall be met in order for a local roadway to be considered eligible for traffic calming:

1. Peak hour traffic greater than 100 vehicles.

2. 85th percentile speed of all vehicles, as measured by a count of at

least three days duration, equal to or greater than 30 mph. The 85th percentile speed is defined as the speed at which 15% of vehicles are traveling at or exceeding. All speeds will be rounded to the nearest mile per hour.



The speed requirement for both thresholds shall be reduced by 1 mph for each of the following: 1. Lack of continuous sidewalks on at least one side of the street.

2. Vertical or horizontal alignment that limits sight distance, based on the

posted speed limit, as determined by ACHD.

Provided either the speed or volume requirement is met, ACHD shall defray the costs of traffic calming measures if the cut through traffic exceeds the percentage listed in the table below. Values between those listed shall be prorated linearly from the values provided:

5104.2.6 Thresholds for Collector or Local Roads Fully Improved to Collector Width

1. Peak hour traffic greater than 300 vehicles where no direct lot access

is permitted and 150 vehicles where continuous direct lot access exists. Streets having a mixture of direct and non-direct lot access shall have a threshold volume determined by a proration based on the lineal feet of frontage of each type (for example, direct lot access on 50% of the roadway requires 225 vehicles in the peak hour to meet this requirement).

2. 85th percentile speed of all vehicles, as measured by a count of at least three days duration, equal to or greater than 35 mph. The 85th percentile speed is defined as the speed at which 15% of vehicles are traveling at or exceeding. All speeds will be rounded to the nearest mile per hour.



The speed requirement for both thresholds shall be reduced by 1 mph for each of the following:

1. Lack of continuous sidewalks on at least one side of the street.

2. Vertical or horizontal alignment limits sight distance per the posted

speed limit.

3. More than 50% front-on housing. Provided either the speed or volume requirement is met, ACHD shall defray the costs of traffic calming measures if the cut through traffic

ADT (Weekday) % Cut-Through 400 50 800 40

1200 30 1600 20

>=2000 10

exceeds the percentage listed in the table below. Values between those listed shall be prorated linearly from the values provided:

ADT (Weekday)* % Cut-Through

1000 50 1500 40 2000 30 2500 20

>=3000 10

* Cut through requirement shall be reduced from the value shown above based on direct lot access according to the

following chart:

Direct Lot Access % Reduction in Cut Through Requirement

0% 0% 20% 5% 40% 10% 60% 15% 80% 20%

100% 25%

5104.2.7 Procedure for Traffic Calming Installation If the prerequisites and eligibility criteria for traffic calming are satisfied, ACHD shall determine the timing of device installation based on funding eligibility and priority.

A public involvement process, such as a public information meeting and/or survey of concerns, may be performed to identify and evaluate support and opposition for the proposed project.

After clearing all preceding requirements, design shall be completed and the contract submitted to the ACHD Commission for approval.

5104.2.7.1 Traffic Calming Consideration for Additional Measures

Additional traffic calming measures may be considered if a street already has previously installed traffic calming devices. The analysis procedure, including neighborhood support, shall remain the same as described in sections 5104.2.1 through 5104.2.6 of this policy. However, the speed criteria as outlined above shall govern additional mitigation.

5104.2.7.2 Traffic Calming Consideration for New Development

Traffic calming on new streets should be a part of the conditions of development for new neighborhoods (see Sec. 5104.2.8 for additional

information). In the absence of any previously documented conditions or requirements for traffic calming installation, no roadway shall be eligible for traffic calming measures at District expense unless a minimum of 50% of the front on homes are occupied.

5104.2.8 Development Funded Traffic Calming Measures

Traffic calming measures may be required as a site related impact for any development which is likely to create or add to residential traffic exceeding thresholds outlined in Sec. 5104.2.4 or 5104.2.5. The volume or cut-through criteria specified in Sec. 5104.2.4 or 5104.2.5 shall be satisfied by projected traffic volumes as identified in a traffic impact study or, where no study is required, by ACHD determination.

Traffic calming measures required with development may be approved by the ACHD Commission based on the following:

1. Evidence of neighborhood support via petition; 2. The relationship of the proposed development’s impact to existing and

future traffic volumes;

3. Route importance for emergency response;

4. Response from affected emergency services personnel to the proposal.

The selection of traffic calming measures shall be limited to the most appropriate devices to mitigate speeding concerns. Where the measures are for an established neighborhood area, that neighborhood may request more costly traffic control measures, but shall be responsible for the additional cost.

5104.2.9 Policy for Radar Trailer (Visual Traffic Speed Indicator)

Requests for trailer use may be accepted by ACHD Traffic Engineering from municipalities, neighborhood associations or groups, law enforcement personnel, school districts or individual residents on a residential street. Requests may be made in writing, by phone, or via email. Location consideration shall respond to safety and sight obstruction factors. Radar trailer availability is normally on a first come, first served basis, Monday through Friday. Display operation is all day (24 hours). Priorities for radar trailer placement may change due to special studies, weather, construction or other considerations.

5104.3 Encroachments and Sight Obstructions

5104.3.1 Encroachments and Sight Obstructions – Definitions

A. Encroachments include, but are not limited to, any gate, building, private sign, mailbox, facility, structure, object, hedge, tree, shrubbery, fence, or wall that is placed on, over, beneath, or within or otherwise encroaches into any portion of any highway or any public right-of-way.

B. Sight Obstructions include, but are not limited to any gate, building,

private sign, mailbox, facility, structure, object, hedge, tree, shrubbery, fence, or wall that interferes with driver vision.

5104.3.2 Encroachment and Sight Obstructions – Notice and Investigation

Upon actual notice of an encroachment or sight obstruction, either by direct and documented observation by District staff, or by receiving a clear and concise written or verbal communication from the public or other written or verbal notification from another governmental entity, the District Engineer or its designees, in accordance with duly adopted policies and procedures, shall conduct an engineering and traffic safety investigation to determine whether an encroachment or sight obstruction exists and whether it effectively obstructs and prevents the use of an open highway for vehicles or is unsafe for pedestrian, bicyclist or motorist use of an open highway. In accordance with duly adopted policies and procedures, appropriately trained Maintenance personnel may also conduct an investigation of an encroachment or sight obstruction and make a determination relative to its severity.

5104.3.3 Encroachments and Sight Obstructions – Removal Specifications

Encroachments and sight obstructions will be considered for removal or mitigation based upon applicable Idaho law, District specifications, and duly adopted policies and procedures. Pursuant to Idaho Code 40-2319(2), if an encroachment effectively obstructs and prevents the use of an open highway for vehicles or is unsafe for pedestrian or motorist use of an open highway, it is subject to immediate removal by the District without notice to the occupant or owner of the land, or person causing or owning the encroachment or sight obstruction. District specifications for sight obstructions include, but are not limited to, the 40-foot vision triangle, the 3-foot and 10-foot height requirements, and intersection sight distance; see Figure 1 and Figure 2. These specifications are in accordance with Idaho Code 49-221 and 40-2319 and applicable AASHTO guidelines and the location related to the highway or public right-of-way. Section 5104.3.4 provides additional guidelines for removal and mitigation of sight obstructions, encroachments, and other hazards.

Figure 1 – Uncontrolled Intersection

Figure 2 – Stop Controlled Intersection

5104.3.4 Guidelines for Removal and Mitigation of Traffic Hazards Caused by Encroachments and Sight Obstructions

A. Degree or Severity of Hazard

Hazards are prioritized as follows.

1. Hazard effectively obstructs and prevents the use of an open

highway for vehicles or is unsafe for pedestrian or motorist use of an open highway.

2. Deficiency based upon operational safety, such as accident

record, or emergency stopping sight distance, or threatens structural integrity of the road surface or raises other concerns relative to maintenance or operation of the highway or public right-of-way.

3. Safety deficiency based upon current design standards, such as intersection sight distance, or stopping sight distance.

4. Beneficial to remove or mitigate, but minimum standards are met,

such as vegetation cut to back of curb on minor residential streets; 2-feet behind curb for collectors; 4-feet behind curb for arterials; mitigating traffic control at intersections with visibility obstruction; and partial obstructions to visibility in sight triangles.

5. No significant benefit to removing sight triangle obstruction or

encroachment

B. Location of Hazard

1. Right-of-way

2. Private property in sight triangle

3. Private property not in sight triangle

C. Potential Removal and Mitigation Actions

1. Notice of Encroachment (Requiring Removal Within 10 Days)

2. Follow-up Certified Letter, Door Hanger, Telephone Call, or Personal Visit

3. Attorney Letter

4. District Zone Inspection Services Remove 5. District Maintenance Remove 6. District Traffic Operations Place Temporary Mitigation 7. City/County Forestry Trim or Remove 8. City/County Code Enforcement 9. Court Injunction 10. Criminal Citation 11. Placement of Traffic Control Device 12. Minor District Project (Current Budget Year) 13. Major District Project (Consider for Future Year)

14. License Agreement

D. Degree of Removal and Mitigation Effort

The following chart identifies, but does not limit, the suggested removal and mitigation actions based on the degree and location of the hazard.

E. Non-Immediate Encroachment Removal – Civil Penalty

1. If the encroachment is not removed, or commenced to be removed, prior to the expiration of ten (10) days from the service or posting the Notice of Encroachment, the person who caused, owns or controls the encroachment shall forfeit up to one hundred fifty dollars ($150) for each day the encroachment continues unremoved.

2. If the owner, occupant, or person controlling the encroachment,

refuses either to remove it or to permit its removal, the District shall commence in the proper court an action to abate the encroachment. If the District recovers judgment, it may, in addition to having the encroachment abated, recover up to one hundred fifty dollars ($150) for every day the nuisance encroachment

remained after notice, as well as costs of the legal action and removal.

3. If the owner, occupant or person controlling the encroachment

fails to respond to the Notice of Encroachment within five (5) days after the service or posting of the Notice of Encroachment is complete, the District may remove the encroachment at the expense of the owner, occupant, or person controlling the encroachment, and the District may recover costs and expenses, as well as the sum of up to one hundred fifty dollars ($150) for each day the encroachment remained after notice was complete.

5104.3.5 Non-regulatory Signs, Temporary Signs, and Nuisance Signs or Lighting

All Non-regulatory signs, such as "Neighborhood Watch" signs, Temporary signs such as but not limited to “Real Estate”, “Open House”, “Garage Sale”, and “Political Campaign” signs, and Nuisance Signs such as but not limited to miscellaneous services and lost animals (collectively hereafter referred to as “Signs”) shall be placed according to current District standards and are granted permission for placement within the public right-of-way under District jurisdiction subject to the following restrictions:

1. Signs shall not be placed or located in a manner that interferes

with the movement of motor vehicles or bicyclists or pedestrians or creates a sight obstruction for drivers or pedestrians or otherwise impedes driver or cyclist or pedestrian vision.

2. Signs, regardless of height or width, shall not be placed or located

within the 40’ x 40’ Intersection Sight Distance Visibility Triangle located on the corner of every roadway intersection as defined by the intersection of the curb lines of both streets or where curbs do not exist, the edge of the pavement lines of both streets; see Figure 1, in Section 5104.3.3 and Figure 3.

3. Signs shall not be placed or located in a manner that interferes

with the required intersection sight distance visibility; see Figure 2 in Section 5104.3.3 and Figure 3.

4. Signs shall not be located within twelve (12) feet of the edge of pavement where there are no curbs and/or sidewalks; see Figure 3.

5. Where curb exists without sidewalks, signs shall not be located closer than six (6) feet from the curb to allow for a pedestrian walkway; see Figure 3.

6. Where sidewalk exists, signs may be located on the property (non-roadway) side of the sidewalk if sufficient public right-of-way exists for such placement, see Figure 3; provided that the sign shall not hang over the sidewalk. This will ensure the pedestrian

access route on the sidewalk to be no narrower than the minimum width required under the Americans with Disabilities Act.

7. Signs shall not be located on any sidewalk, traffic median, island, boulevard strip, or landscape area between the curb and the separated sidewalk; see Figure 3.

8. Signs shall not be displayed using digital, flashing, battery

operated, wireless, electronic or solar technology.

9. Signs shall not be placed on or attached to any post, pole, traffic sign, traffic marker, or traffic control facility located within the public right-of-way.

10. All political campaign signs are to be removed from the public right-of-way within 48 hours after the election.

11. Any signs that are an encroachment or sight obstruction as

provided in Section 5104.3.3 or are otherwise a hazard to vehicles, bicyclists, or pedestrians, or which hang over the sidewalk in such a manner that it causes the pedestrian access route on the sidewalk to be narrower than the minimum width required under the Americans with Disabilities Act, must be removed. Any illumination that creates a traffic hazard must be shielded, removed, or otherwise properly mitigated.

Figure 3 – Sign Location Restrictions

Signs placed in violation of these restrictions will be removed by the District and may be subject to civil penalties in an amount equal to the cost to remove the sign. For the purpose of imposing and collecting any civil penalty, there is a rebuttable presumption that the owner of the sign is responsible for the placement of the sign and who may be obligated to pay the civil penalty. The Commission may cause the District to institute a civil action in the District Court of Ada County to enforce compliance with this policy and to collect the civil penalty. Signs that have been removed by the District may be retrieved at the District offices.

Nothing in this Section 5104.3.5 is intended to, nor shall it be considered, a granting of permission to place signs on private property or on state or federal highways or public rights-of-way. Ada County and the cities within Ada County may have sign ordinances that are more restrictive than this Section 5104.3.5. If so, the more restrictive standard shall apply. It is the responsibility of those placing signs in the public right-of-way to be aware of those regulations.

5104.3.6 Mailboxes

Mailboxes causing a hazardous obstruction in the right-of-way or which hang over the sidewalk in such a manner that it causes the pedestrian access route on the sidewalk to be narrower than the minimum width required under the Americans with Disabilities Act must be removed, at the discretion of the District Director.

5104.4 Parking Investigations

The District shall investigate concerns related to parking in the public right of way as well as place and maintain parking controls for traffic safety and operations. As a general rule, the District installs signs to delineate parking restrictions. The District does not paint curbs to identify locations where on-street parking is not permitted. Mitigation measures may include the following:

• Installation of “no parking” signs or “no parking, here to corner signs” along street frontage to improve intersection sight distance;

• Installation of time of day, limited time or full time parking restriction signs;

• Installation of “tow-away” signs, considered for issues related to traffic safety with input from local law enforcement;

• Coordinating with City Parking Services (if applicable) on appropriate measures related to parking restrictions within their area of influence.

On publicly maintained roadways under the jurisdiction of the District, the District shall have sole authority to install parking restrictions, except as otherwise provided by Idaho Code (e.g.: metered parking, accessible parking spaces). Signs installed by others in the public right of way without the authority of the District shall be removed.

On residential streets, adjacent property owners may petition for parking restrictions. If a subsequent investigation by the District finds this to be feasible, 75% of the adjacent property owners shall sign a petition agreeing to the restriction. In these cases, the property owner(s) may be obligated to pay the cost of installation and maintenance of the signs.

5104.4.1 Loading Zones

Loading zones are designated areas in a parking lane for the loading and unloading of deliveries to adjacent buildings. Loading zones may be installed where, in District staff’s estimation, there is a need by an area business for a specific location on the roadway to allow freight operation. Any request for loading zone shall require, from the applicant, an understanding of the delivery volume, both in terms of quantity of cargo as well as delivery frequency. This helps ensure loading zones are set aside only for those businesses that require them. Loading zones may also be considered near schools, where the school has established an area on the roadway for bus pick-ups and drop-offs.

5104.4.2 Special Parking Districts Special Parking Districts (SPDs) are created when residential neighborhoods are impacted by volumes of vehicles that arrive in an area and adversely impact the neighborhood and its residents. SPDs are established by the appropriate City agency, which includes sign installation and maintenance in addition to enforcement of the posted condition. While the District is not responsible for SPD sign installation or maintenance, the District shall work collaboratively with the City to avoid parking conflicts or in areas of high sign density to maintain visibility of other regulatory sign postings.

5104.4.3 Accessible Parking

In residential areas, the District is not legally obligated to provide accessible parking. The District shall consider such requests according to the following criteria:

• Existing parking restrictions (posted restrictions near an applicant’s residence shall not be removed to accommodate accessible parking spaces);

• Parking demand (existing on-street parking demand should not exceed 75% of the available parking within 500’ of the proposed accessible parking space);

• Passenger-side vehicle entry (where passenger side entry is required, the sidewalk or park strip shall be unobstructed or mitigated at the cost of the applicant);

• Roadway safety (no roadway characteristics, such as curvature or sight distance challenges, should be present near the proposed accessible space).

All applicants shall provide the following documentation to the District in order to be eligible for disabled parking on public streets:

• Proof of residency at the proposed location; • Proof of disability (disabled plate or placard); • Proof of driveway or garage impact.

If the District finds accessible parking to be appropriate at a given location, the District shall pay for and maintain the necessary signage. Should the District determine the posted area is being misused, (long term vehicle storage, applicant has moved, etc.) the District shall remove the signs. Installation of accessible parking spaces in the public right of way are available for all appropriately licensed or permitted vehicles and shall not give preference to specific individuals.

5104.4.4 Diagonal Parking on Public Streets

Diagonal parking consideration for District roadways shall include the following:

1. Diagonal or perpendicular on-street parking is common in the vicinity

of the request;

2. Existing activities in the vicinity are not able to accommodate parking by off-street and/or parallel curb parking;

Design guidelines for on-street diagonal parking can be found in ACHD’s Traffic Standard Details (TS-1122).

5105 SPECIAL EVENTS - PERMITS AND FEES

5105.1 Permit Required No person shall hold a special event which occurs within, obstructs, closes, or causes to be obstructed or closed, any public right-of-way or impedes the general movement of vehicular or pedestrian traffic upon any public right-of-way, without first obtaining a Special Event Permit. The following types of use permits are established for special events in the public right-of-way.

5105.2 Type A – Special Events – Nonprofit

a. Type A permits may be issued for the use of public right-of-

way for 24 or less continuous hours for nonprofit purposes which do not involve the physical disturbance of the right-

of-way and are not otherwise covered by Section 6007 of the ACHD Code.

b. Type A permit uses may involve disruption of pedestrian

and vehicular traffic or access to private property but they may not restrict or prevent the public from accessing the right-of-way, except as necessary for public safety. (e.g. Applicants may not barricade the event in such a manner that only invitees are allowed to access the closed right-of-way, except as necessary for public safety.)

c. Type A permits include, but are not limited to,

• Bike races; • Parades • Residential Block parties; • Parking; • Walks or Runs; • Street dances; • Theatrical plays or events, etc.; • Marketing booths.

d. Type A permits do not include religious, social or political

rallies, or similar events which have received a permit from the applicable city or which are spontaneous in nature.

e. A non-refundable application fee of $25 shall be submitted

along with an application for a Type A permit and there shall be no other charge or fee associated with a Type A permit.

f. Applicants requesting Type A permit for a residential block

party shall provide, in addition to the permit application and application fee, verification that 51% or more of the owners and/or heads of household of residences within 300 feet of either side of the location of the block party or the nearest intersection, whichever is closer, are in favor of the residential block party. Provided however, dead-end or no outlet street sections shall not be blocked or their ingress/egress adversely impacted by a residential block party.

g. Applications for a Type A permit shall be submitted to the

District a minimum of thirty (30) days prior to the event to allow for sufficient review time by District staff and shall include a diagram, map, or similar site sketch depicting the site location and identifying the rights-of-way involved (i.e. street name) and adjacent or nearby rights-of-way, as well as a narrative describing the special event and setting forth the site address, names of rights-of-way involved, the

planned date of the special event including the starting and ending times of the special event, and a Temporary Traffic Control Plan in conformance with Section 6007.11 of the ACHD Code. In its sole discretion, ACHD staff may waive all or a portion of the thirty (30) day advanced application submittal requirement for extenuating circumstances.

h. In making an application for a Type A permit, Applicants

shall agree to indemnify, defend, and hold harmless, ACHD, its officers, agents, and employees from and against any and all claims for damages to property and or bodily injury which may result from or in connection with any of the operations carried on by the Applicant under the permit.

i. Applicants for any Type A permit, other than a Block party,

shall also submit with the application, a copy of a certificate of liability insurance, and a specific endorsement, each in an amount not less than $500,000 per claim and $1,000,000 aggregate per occurrence and each naming Ada County Highway District as a certificate holder and an additional insured.

j. Type A permits shall expire automatically upon the

conclusion of the special event.

5105.3 Type B – Special Events - Commercial

a. Type B permits may be issued for the use of public right-of-way for 72 hours or less continuous hours for commercial purposes which do not involve the physical disturbance of the right-of-way and are not otherwise covered by Section 6007 of the ACHD Code.

b. Type B permit uses may involve disruption of pedestrian

and vehicular traffic or access to private property but they may not restrict or prevent the public from accessing the right-of-way, except as necessary for public safety. (e.g. Applicants may not barricade the event in such a manner that only invitees are allowed to access the closed right-of-way, except as necessary for public safety.)

c. Type B permits include, but are not limited to,

• Any Type A permit use when for a commercial purpose;

• Fairs; • Temporary sale of goods; • Farmer’s Markets: • Grand opening;

• Open house or similar event. d. A non-refundable application fee of $75 shall be submitted

with an application for a Type B permit along with a use fee adopted by the Board for each 24 hour period that a right-of-way is planned to be used under a Type B permit. For special events which reoccur on a regular basis throughout a 12 month or less period of time, an applicant may apply for an annual Type B permit. A non-refundable application fee of $75 shall be submitted with an application for an annual Type B permit along with a use fee adopted by the Board for each 24 hour period that a right-of-way is planned to be used under an annual Type B permit for the first month of uses; the use fee shall be paid thereafter on a monthly basis, and shall be due on or before the 5th day of each month.

e. Applicants for any Type B permits for a grand opening,

open house or similar special event shall provide, in addition to the permit application and payment of the application fee and applicable use fees, verification that a majority of owners or occupiers (or their legal representative) of property within 300 feet of either side of the location of the special event or the nearest intersection, whichever is closer, are in favor of the special event. Provided however, dead-end or no outlet street sections shall not be blocked or their ingress/egress adversely impacted by the special event.

f. Applications for a Type B permit shall be submitted to the

District a minimum of forty-five (45) days prior to the event to allow for sufficient review time by District staff and shall include a diagram, map, or similar site sketch depicting the site location and identifying the rights-of-way involved (i.e. street name) and adjacent or nearby rights-of-way, as well as a narrative describing the event and setting forth the site address, the names of rights-of-way involved, the planned date that the special event will begin, the planned duration of the special event including the planned starting and ending times of the special event, and a Temporary Traffic Control Plan in conformance with Section 6007.11 of the ACHD Code. Applicant’s failing to meet the mandatory minimum time to submit an application for a Type B permit shall automatically be denied the requested permit. For annual Type B permits, the narrative shall also provide the planned schedule for the reoccurring special event.

g. If the special event requires a detour, a condition of

granting the permit shall be ACHD’s verification that all

detour roadways and/or the constricted roadway are still at or under capacity with the proposed closure.

h. Applicants for a Type B permit shall also submit with the

application, a copy of a certificate of liability insurance, and a specific endorsement, each in an amount not less than $500,000 per claim and $1,000,000 aggregate per occurrence and each naming Ada County Highway District as a certificate holder and as an additional insured.

i. In making an application for a Type B permit, Applicants

shall agree to indemnify, defend, and hold harmless, ACHD, its officers, agents, and employees from and against any and all claims for damages to property and or bodily injury which may result from or in connection with any of the operations carried on by the Applicant under the permit.

j. Type B permits shall expire automatically upon the

conclusion of the special event; however, annual Type B permits shall expire automatically 12 months following the date of issuance by ACHD, or upon the last regularly scheduled special event, or upon failure to timely pay the applicable monthly use fee, whichever is earlier.

5105.4 Maintenance & Operations and Construction Services shall be given

copies of all Special Event Permits issued.

5106 ROADWAY LIGHTING 5106.1 Purpose and Applicability

The purpose of this policy is to assure that roadway lighting is designed to attain a level of visibility which, under low or no natural light conditions, enables motorists to distinctly see the roadway alignment and any obstacles, pedestrians, or cyclists on or about to enter the roadway. This policy applies to all roadways under the jurisdiction of the Ada County Highway District in order to enhance the safety and mobility of the travelling public. By State Statute, the Ada County Highway District is only responsible for lighting which is primarily for the benefit of the motorist.

5106.2 Roadway Lighting Installations

5106.2.1 Installations by the District

The District shall design and install roadway lighting for all public roadway intersections and marked (non-intersection) crosswalks that are included in a capital improvement project. Continuous roadway lighting may be designed and installed by the District with a capital improvement project

or safety project if deemed beneficial by an engineering study from the Traffic Engineering Division or other qualified source.

5106.2.2 Installations by Development

All developments shall install lighting at intersections of roadways built by the development. This includes intersections of a new road with a new road, intersections of a new road with an existing road, and marked mid-block crosswalks. No development plans shall be approved without inclusion of roadway lighting as required by this standard.

5106.2.3 Installations by a City or the County

A city or Ada County may elect to install roadway lighting at the sole cost of that agency. An agency may also elect to cost share with the District to upgrade lighting that the District is proposing to install. All city or county roadway lighting installations and all upgraded roadway lighting installations shall comply with these standards. Lighting that is solely for illuminating pedestrian walkways or for aesthetics (such as historical lighting) does not need to comply with these standards so long as the glare created for motorists is not in in excess of recommended thresholds per AASHTO guidelines.

5106.3 Roadway Lighting Design Standards

The most current edition of the ACHD Roadway Lighting Design Standards supplements this policy. These standards contain guidance to assist the designer in providing roadway lighting plans and specifications to meet the requirements of this policy. The Design Standards are revised and updated as needed to include advances in roadway lighting best practices.

5108 ROUNDABOUTS

5108.1 Roundabout Policy Purpose and Definitions This policy defines the requirements of proposed, new, and modified circular intersections under the jurisdiction of the ACHD. A roundabout is an intersection traffic control device with the following characteristics:

• Traffic flows counter-clockwise around a center island; • Entering traffic yields to circulating traffic; • Channelized approaches deflect traffic into a proper entry path; • Appropriate geometric curvature and curbs control the speed of vehicles.

5108.2 ACHD Roundabout Design Guide The most current edition of the ACHD Roundabout Design Guide supplements this policy. The Design Guide contains guidance to help the designer analyze and design roundabouts to meet the requirements of this

Policy. The Design Guide will be updated administratively as needed to include advances in the field of roundabout evaluation and design.

5108.3 Modifications and Addenda

ACHD may revise and update this Policy as necessary through approval by the ACHD Commission.

5108.4 Intersection Control Selection Roundabout traffic control shall be considered and evaluated as an option if the intersection is being considered for improvement for any of the following reasons: • A capacity deficiency exists, and all-way stop control and/or traffic signal

volume warrants are met as defined in the MUTCD; or • A safety deficiency exists; or • Unconventional geometry exists (e.g., five approaches). An alternatives analysis (potentially including other intersection control types, such as signals and stop signs) shall be conducted at all intersections where a roundabout is being considered. The alternatives analysis shall include a detailed traffic operations analysis and shall consider ACHD costs (e.g., right-of-way, construction, and maintenance) and public costs (e.g., delay, safety, and the environment.) The alternatives analysis should be the decision-making tool used to determine whether or not a roundabout will be constructed. Final discretion for all intersection control decisions rests with ACHD.

5108.5 Traffic Operations Analysis

5108.5.1 Analysis Scenarios

Traffic conditions shall be analyzed for all peak periods of the intersection’s construction year and design year(s). The construction year is the year the roundabout will be constructed and opened. For federally funded projects the design year is typically 20 years after the construction year. There may be multiple design years if considering interim designs.

5108.5.2 Analysis Procedure

Traffic analysis procedures shall be consistent with the most recent version of the Highway Capacity Manual (HCM). Additional analytical or simulation tools may be required to supplement the traffic analysis. Additional analysis tools may be calibrated to match the HCM or local conditions. Site selection, data collection, and calibration methods shall be pre-approved by ACHD Traffic Engineering. Roundabouts shall be analyzed with the following default parameters:

Variable Existing Analysis Future Analysis

Traffic Volume1 Existing Forecast Peak Hour Factor (PHF) Existing 0.902 Percent Heavy Vehicles (HV) Existing %3 Passenger Car Equivalents (PCE) for HV

2

1 – Analyze all critical hours as defined by ACHD. Procedure and key assumptions used to develop analysis volumes shall be provided to and approved by ACHD. 2 – Use existing PHF if existing PHF > 0.90 and no capacity improvements are planned 3 – If intersection does not currently exist or traffic composition is anticipated to change, engineering judgment should be used and documented. 4 – As traffic analysis tools require, other parameters shall reflect the recommendations of the HCM, proposed roundabout design, and traffic conditions as closely as possible.

5108.5.3 Results Reporting

Roundabout traffic operations shall be reported on a lane-by-lane basis. Reported values include the volume-to-capacity ratio (V/C), traffic delay, level of service, and 95th percentile queues.

5108.5.4 Acceptable Thresholds

The acceptable threshold for all roundabouts shall be based upon the critical/worst lane and a maximum volume-to-capacity (V/C) ratio of 0.85.

5108.6 Intersection Capacity Enhancement Phasing

In locations where a multilane roundabout will ultimately be needed but is not needed for ten years or more, three possible options to constructing the ultimate design should be considered:

• Construct the ultimate design; • Construct an interim roundabout that will be replaced by an ultimate

roundabout in the future; • Construct an interim roundabout that is expandable (inward or

outward) to the ultimate roundabout in the future.

The final discretion for which option is selected rests with ACHD. If the expandable option is chosen, the ultimate roundabout design shall be approved before the interim roundabout is designed. Interim roundabout designs shall use curbs to define the travel way (i.e., striping alone is not acceptable).

5108.7 Roundabout Review and Submittal

The process of designing a safe roundabout typically requires a considerable amount of iteration. Minor adjustments in roundabout design can significantly impact roundabout safety and operation because elements are inter-related and have a collective effect on vehicle paths and speeds. Due to the iterative nature and complexities associated with roundabout design the following detailed roundabout submittal and review process shall be followed.

5108.7.1 Roundabout Designers

ACHD roundabout projects shall be designed and submitted by ACHD staff or prequalified firms approved to design roundabouts by ACHD. A peer review shall be performed by an ACHD prequalified roundabout peer review firm for all roundabouts designed by ACHD staff. The list of firms approved to design and review roundabouts by level of roundabout complexity is available to the public via the ACHD On-Call Consultant Services list.

The ACHD prequalified firms approved to design roundabouts are recommended for developer projects. If a roundabout is not designed by a firm prequalified by ACHD to design roundabouts, the developer shall have a roundabout peer review performed by a firm acceptable to ACHD.

5108.7.2 Preliminary Deliverables

Before plat approval, right-of-way dedication or purchase, grading, or other details are designed, the designer shall demonstrate to ACHD’s satisfaction that the preliminary roundabout design meets the standards set forth in ACHD Roundabout Policy. All roundabout designs will be required to meet the same standards outlined in the roundabout policy. Preliminary submittal deliverables shall include the following items:

5108.7.2.1 Traffic Operation Analysis Summary

Include input parameter summary sheets and output tables as necessary so analysis can be independently replicated.

5108.7.2.2 Scaled Plan View

Include curbs and pavement markings. Plan view shall be supplemented with an AutoCAD compatible file.

5108.7.2.3 Wheel Path Plots

Illustrate the wheel paths of the design vehicle(s) making the critical movement from each approach. Additionally, a side-by-side swept path plot shall be provided with the appropriate design vehicle(s) for multilane roundabout sections.

5108.7.2.4 Fastest Path Plots

Illustrate the fastest path for every movement from each approach. Include a complete speed comparison table.

5108.7.2.5 Natural Path Plots

Illustrate the natural path for the critical movement(s) from each applicable approach for multilane roundabouts (this is not a requirement for single lane roundabouts).

5108.7.3 Final Deliverables

Final submittals shall include the following items:

5108.7.3.1 Grading Plans

Include a plan view showing cross slopes of the circulating roadway, the entries, and the exits. Include a profile showing longitudinal slopes of the circulating roadway and a profile of each entry from the splitter island nose to the downstream exit splitter island termination (at the minimum).

5108.7.3.2 Signing and Striping Plans

Include removals, relocations, and new installations.

5108.7.3.3 Illumination Plans

Include pole locations, lamp wattage and type, mounting height and location of luminaires, conduit and electrical connections, and horizontal and vertical calculation grid and illuminance values.

5108.7.3.4 Landscaping Plans

Include a plan view showing landscaping areas and any height restrictions to achieve adequate sight distance. Illustrate the sight triangles and provide the calculations used to develop the landscaping height restrictions.

5108.7.3.5 Drainage Plans

Include plans consistent with ACHD drainage and storm water standards.

5108.7.3.6 Traffic Control Plan

Include construction phasing and interim traffic control devices.

5108.8 Roundabout Design Parameters

5108.8.1 Number and Assignment of Lanes

The number of lanes and their assignment shall be based upon a roundabout traffic operations analysis.

5108.8.2 Lane Continuity

Roundabout design shall be such that vehicles do not have to change lanes within the circulatory roadway in order to exit the roundabout in a given direction. Intersecting (crossing) path conflicts shall be limited to those between entering vehicles and circulating or exiting vehicles. Exiting vehicle paths shall not conflict with circulating vehicle paths.

5108.8.3 Islands

5108.8.3.1 Right of Way

All islands shall be dedicated to ACHD as part of the intersection right-of-way. All fixed objects and landscape features are subject to ACHD approval.

5108.8.3.2 Splitter Islands

Splitter islands shall be at least 50 feet long, be able to accommodate an acceptable pedestrian refuge area, assist in sufficiently controlling vehicle speeds through path deflection, prevent exiting traffic from accidently crossing into the path of approaching traffic, and reinforce one-way circulation. Splitter island landscaping is permissible as long as acceptable stopping and intersection sight distances are provided. The surfaces of splitter islands shall not drop below the top face of curb and should be a different color and/or texture than pedestrian facilities, the roadway and the truck apron. Fixed object placement within splitter islands shall conform to AASHTO Roadside Design Guide principles.

5108.8.3.3 Central Island

The center island shall not contain anything that attracts pedestrians into the center island or that can be a distraction to drivers. The islands shall be visible to approaching traffic and provide a cue for traffic to slow down and carefully navigate the intersection. Central island landscaping shall achieve the following landscaping requirements as long as acceptable stopping and intersection sight distances are provided:

1. 1:6 maximum surface slope (from top of curb)

2. 1:20 surface slope or greater for minimum of 20 feet inside of curb.

a. 1:20 positive slope or greater shall be extended for a maximum distance possible if center island is constrained by size (diameter less than 40 feet) or by sight distance requirements

3. At minimum, gain three (3) feet in vertical height from top of curb as long as the minimum sight distance requirements are met.

a. Vertical height can be achieved by means of surface slope and/or inclusion of height gained by foliage or art as approved by ACHD

4. The surface shall not drop below the top face of the curb. 5. Fixed object placement shall conform to AASHTO

Roadside Design Guide principles.

The central island shall provide a maintenance vehicle pullout if it is anticipated such a vehicle will be required to access the island. The pullout shall be located to minimize impact to sight distance when occupied, and if there is no adjacent truck apron, the curb shall be designed as a mountable truck apron curb. The maintenance vehicle pullout area shall not utilize any area impacted by a swept path.

5108.8.4 Fastest Paths

The fastest path is the path of least travel time made by a passenger vehicle traversing through the roundabout in the absence of other traffic and irrespective of all lane markings.

5108.8.4.1 Fastest Path Procedure

The procedure used to determine fastest paths and their respective speeds shall be approved by ACHD (e.g., the ACHD fastest path procedure). Approved procedures must be objective, repeatable, consistent with the most recent version of the FHWA Roundabout Guide recommendations, and shall reflect anticipated driver behavior and vehicle performance.

5108.8.4.2 Fastest Path Threshold Requirements

Entry fastest path speeds shall be 22 mph or slower for single-lane entries and 25 mph or slower for multilane entries.

Intersecting fastest path speed differences (e.g., entering versus circulating paths) and consecutive fastest path speed differences (e.g., path that circulates then exits) should be minimized and not exceed 10 mph for single-lane configurations and 15 mph for multilane configurations.

Fastest path speeds exiting the roundabout should be minimized to reduce pedestrian crosswalk conflicts.

5108.8.5 Natural Paths

The natural path of a passenger vehicle is a path that can be comfortably followed at roundabout operating speeds. It does not contain any abrupt changes in direction. There is one natural path for each legal movement in each lane.

5108.8.5.1 Natural Path Procedure

The procedure used to determine natural paths shall be approved by ACHD. Approved procedures must be objective, repeatable, and shall reflect anticipated driver behavior and vehicle performance. The method shall depict the ability of a vehicle to stay in its lane.

5108.8.5.2 Natural Path Requirements

Passenger vehicle natural paths shall maintain a minimum 2 foot offset from each other and from curbs.

5108.8.6 Wheel and Swept Paths

A wheel path is the space required to accommodate all of a vehicle’s wheels through a maneuver. A swept path is the space required to accommodate all parts of a vehicle (the vehicle body) through a maneuver.

5108.8.6.1 Wheel and Swept Path Procedure

One design vehicle shall be selected for each movement to determine the minimum lane width(s) and one design vehicle shall be selected for each movement to determine the truck apron and/or roadway width(s). The selected design vehicles shall be approved by ACHD. Wheel and swept paths shall be analyzed for all permitted movements from each lane using the selected design vehicle with an appropriate software package (e.g., AutoTURN or AutoTRACK). Wheel and swept paths shall reflect anticipated driver behavior and vehicle performance as approved by ACHD (e.g., no stopping or backing).

5108.8.6.2 Wheel and Swept Path Requirements

The combination of roadway width and truck apron width shall accommodate all design vehicles. Vehicles smaller than trucks with trailers shall be accommodated within the roadway without

requiring the use of a truck apron. Trucks with trailers shall not be required to maneuver through a roundabout in one lane. The clearance between curbs and design vehicle wheel paths shall be at least 1 foot. The clearance between side-by-side swept paths shall be at least 2 feet.

5108.8.7 Truck Aprons

Truck aprons are traversable areas used to accommodate semi-trailer off-tracking while achieving adequate deflection for all other vehicles.

As necessary, truck aprons shall be provided to accommodate the design vehicle(s). Truck aprons shall be a different color and texture than the roadway surface and all pedestrian and bicycle facilities. Truck aprons shall be raised three (3) inches above the adjoining roadway with mountable roundabout curb.

5108.8.8 Pedestrian Facilities

Sidewalks shall be provided on all roundabout approaches that connect to existing or planned pedestrian facilities, or where there is anticipated pedestrian demand based on a city’s urban impact area, a proposed development, and/or adjacent land use. Sidewalk construction may be deferred, at ACHD’s discretion, at roundabouts where no sidewalk is present on the entering roadways, provided that the roundabout design includes consideration of the future sidewalk and right-of-way is provided for construction. Crosswalks and refuge areas shall be provided to connect all roundabout approaches that have sidewalks or mixed-use paths. A buffer shall be provided between roadway curb and the sidewalk or mixed-use path.

5108.8.8.1 Sidewalk

Sidewalk shall comply with ADA standards and ACHD requirements.

5108.8.8.2 Crosswalks

Pedestrian crosswalks shall be located 20 to 25 feet back (roughly one car length) from the entrance line. However, if additional control is being considered at the crosswalk and/or a staggered crosswalk is desired it may be desirable to locate the crosswalk further back. Provide ADA-compliant pedestrian ramps, including truncated domes, at all crosswalks (this includes the crosswalk entrances from the splitter island refuge areas). At roundabouts with bicycle facilities, the ramps shall be a minimum of eight (8) feet wide (10 feet preferred). Wings shall only be used on ramp curbs if the roadway curb is in direct contact with the sidewalk.

5108.8.8.3 Refuge Areas

Splitter islands and bypass lane islands shall provide pedestrian refuge areas where pedestrian crossings are provided or planned to be provided in compliance with ADA standards. Refuge areas shall be a minimum of eight (8) feet long in the direction of pedestrian travel and eight (8) feet wide (10 feet preferred).

5108.8.8.4 Buffer

Provide a 2.5 feet minimum buffer between the sidewalks and curbs around the exterior of the roundabout. The buffer surface material shall not consist of brick, concrete, or asphalt unless a physical barrier (e.g., fence) is also provided. All vertical elements shall comply with sight distance requirements. Fixed object placement within the buffer shall not restrict required sight distances and shall conform to AASHTO Roadside Design Guide principles.

5108.8.9 Bicycle Facilities

Bicycle lanes and shoulders shall be terminated with a bicycle ramp or curb opening on all approaches to a roundabout. A mixed-use path shall be provided between bicycle ramps and/or curb openings.

5108.8.9.1 Bike Lane/Shoulder Termination

All bike lanes and shoulders shall be clearly terminated prior to the crosswalk but close enough to the intersection so experienced cyclists can merge with vehicles traveling at similar speeds. A sidewalk ramp (or curb opening to a shared-use path if a sidewalk is not present) must be included at the termination point for less experienced cyclists. Bicycle ramps shall be provided at safe and maneuverable angles for bicyclists.

5108.8.9.2 Mixed-Use Path

The mixed-use path shall be at minimum 10 feet wide between bicycle ramps and/or curb openings if a bicycle lane is provided and a continuous sidewalk exists or is planned. If a shoulder is provided without a bicycle lane or a continuous sidewalk does not exist nor is planned, the mixed-use path shall be at minimum five (5) feet wide between bicycle ramps and/or curb openings. The mixed-use path shall comply with ADA requirements.

5108.8.10 Vertical Alignment

The circulatory roadway, truck apron, and approaches shall have between a 1.5% and 2.5% outward cross slope. Grades in the direction

of vehicle travel shall not exceed ±4% within the circulatory roadway and to a point at least 50 feet beyond crosswalk locations. If no crosswalk is provided, grades in the direction of vehicle travel shall not exceed ±4% to a point at least 50 feet beyond the circulatory roadway.

5108.8.11 Sight Distance

Sufficient stopping sight distance shall be provided for each approach, the circulatory roadway, and pedestrian ramps, landing areas, and crosswalks. In addition, sufficient intersection sight distance shall be provided on all approaches at a point 50 feet from the circulatory roadway. Intersection sight distance shall be calculated using a critical headway of five (5) seconds. Fastest path speeds shall be used to compute all stopping and intersection sight distances.

5108.8.12 Signing and Striping

All signing and striping shall comply with the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD).

5108.8.13 Illumination

Lighting shall be distributed to sufficiently cover all merge and diverge points, curb noses, and pedestrian crossings. Roadway luminaires shall not be located directly above any crosswalks or in the central island. Poles and their locations shall conform to AASHTO Roadside Design Guide principles.

5108.8.13.1 Illumination Analysis Procedure

The procedure used to analyze the horizontal and vertical illumination shall be consistent with the recommendations in the most recent version of the Illuminating Engineering Society publication, Design Guide for Roundabout Lighting and the most recent version of FHWA Roundabout Guide.

5108.8.13.2 Illumination Requirements

The horizontal luminance values shall be within ±20% and vertical luminance values shall be no less than 20% of the recommendations summarized in the most recent version of the Illuminating Engineering Society publication, Design Guide for Roundabout Lighting.

5108.8.14 Curbs

Roundabout curbs shall be used as depicted in the latest edition of the ISPWC Standard Drawings – ACHD Supplement. Six (6) inch high roundabout curb shall be used around the outside of the roundabout, outside of the approaches, and around the splitter and central islands. Three (3) inch high roundabout curb shall be used between the roadway

and truck aprons. On the entry approaches, the outer curb shall extend at least as far back from the circulatory roadway as the splitter islands. On the exit approaches, the outer curb shall extend at least as far back from the circulatory roadway as the crosswalk or bicycle ramp, if one is provided. Gutters shall be provided where necessary.

5108.8.15 Access Control

Access control and intersection spacing with roundabouts shall be in compliance with the ACHD Development Policy Manual and its driveway and intersection spacing requirements.

5108.9 Roundabout Design Exceptions

Exceptions to this policy may be considered at ACHD’s discretion and shall not be considered until all impacts and consequences of the exception are clearly quantified and documented to ACHD’s satisfaction.

5200 TRAFFIC OPERATIONS

5201 TRAFFIC SIGNALS

5201.1 General The Ada County Highway District (ACHD) signal shop is responsible for maintaining, trouble-shooting and repairing traffic signals, flashing beacons, pedestrian crossings and school flashers on all roadways in Ada County. All inquiries regarding traffic signal operation should be prioritized to maintain public safety and convenience. The priorities should consider the following criteria:

1. Public and personal safety; 2. Impact on traffic flow and traffic patterns; 3. Location of problem; 4. Time of day; 5. Scope remediation (repairs, timing changes, signal modifications, etc.).

All signal operation calls should be addressed as soon as feasible, but according to the established priority system.

5201.2 Signal Crew – Procedures and Policies

Refer to the “ACHD Traffic Signal Maintenance Procedures Manual” for policies and procedures related to signal crew operation.

5201.3 Emergency Vehicle Preemption/Transit Bus Preemption Emergency vehicle preemption allows specially equipped vehicles to interrupt the normal sequence of traffic signal operation in order to respond to emergency situations safely and quickly. Transit bus preemption, also known as Transit Signal Priority (TSP), allows appropriately equipped transit buses additional “green time” for specific signalized intersection approaches if they are running behind schedule. TSP parameters shall be coordinated with ACHD Traffic Operations prior to implementation on a specific route. Indiscriminate, unauthorized or unnecessary use shall be avoided. Implementation of emergency vehicle preemption and TSP requires equipment and wiring to be installed at traffic signals and on/within vehicles. This equipment is not included nor provided by ACHD as part of normal signal installation.

5201.3.1 Installation

Emergency vehicle preemption or TSP equipment may be installed at ACHD owned traffic signals. All installation work performed within signal controller cabinets shall be accomplished by ACHD traffic operations personnel or their designee.

5201.3.2 Expense

All expenses associated with the procurement, installation, and maintenance of emergency preemption or TSP equipment shall be borne by the party requesting the preemption equipment. All preemption equipment shall be 100% compatible with all existing signal appurtenances.

5201.3.3 Preemption Use Authorization Emergency preemption or TSP shall only be used by authorized agencies. Due to traffic flow disruption, emergency preemption shall be used only when there is a threat to life, limb, or property. All authorized agencies shall maintain a written policy conforming to the guidelines outlined within this emergency preemption policy. ACHD Traffic Operations shall be authorized to implement coded preemption operation, which may disable emergency vehicle preemption for any agency vehicle not following this policy.

5201.3.4 Preemption Codes

All vehicles using preemption at ACHD-maintained signals shall use coded emitters. The coded identification codes shall be set in accordance with the ACHD traffic operations signal preemption code sequence list. The traffic operations supervisor or signal construction coordinator may make this list available to authorized agencies upon request. Each vehicle using a preemption emitter shall be assigned a unique code. All agencies using preemption emitters shall provide the ACHD signal construction coordinator or designee an accurate list of the emitter codes used and the vehicle (including identification numbers) assigned to each code.

5201.3.5 Equipment Maintenance

Once installed, all preemption equipment at ACHD maintained intersections shall be maintained by ACHD personnel or their designee. However, the fire district or transit service provider where the signal is located shall ultimately be responsible for providing new equipment when, in the opinion of ACHD, a device is deemed beyond repair.

5201.3.6 Notification of Malfunctions

It shall be the responsibility of the agency observing any malfunctions of the preemption equipment to notify the traffic operations signal shop foreman of the malfunction. The information supplied with this notification may include, but not necessarily be limited to, the following:

• Malfunction description; • Location; • Travel direction;

• Time of day; • Vehicle number; • Emitter code; • Description of normal operation at the location where the

malfunction was observed.

5202 SIGNS AND OBJECT MARKERS

5202.1 Sign Material Requirements Signs shall follow the most recently adopted version of the MUTCD in color, size, reflectivity and shape. Variations and special purpose signs shall be manufactured to specifications supplied by the ACHD Traffic Engineer. Refer to ACHD traffic standard details and specifications for specific material requirements.

5202.2 Response

Priority should be given to all calls or requests involving maintenance of a “vital” sign. Examples include a Stop or Yield sign being down, missing, or blocked from view. Response to such requests should be immediate.

5202.3 Records

Accurate and timely records shall be maintained according to standard procedures. Work orders shall become part of the ongoing records. All work orders shall be approved by the Traffic Operations Superintendent or his representative.

5202.4 Authority

The sign shop crew chief shall be responsible for assuring compliance with the procedures outlined in Section 5202.2 and 5202.3. Questions or changes to this procedure should be handled by the foreman.

5202.5 Guidelines for Application (Warrants)

The most recently adopted version of the MUTCD serves as the primary guideline for traffic control device usage. Relevant Institute of Transportation Engineers (ITE) publications, the American Association of State Highway and Transportation Officials (AASHTO) policies, and other technical publications should also be used.

5202.6 Guide Sign Policy and Applications

Guide signs can provide a benefit to the traveling public when the location of a particular facility is not readily visible from a major roadway. The Ada County Highway District (ACHD) is responsible for the acceptance and

placement of guide signs. The following is the policy for determining if guide signing is needed for a given facility:

1. Guide signing should be cooperative. The facility benefits from adequate

guide signing and the driving public benefits by not having to drive around looking for a particular facility. If deemed appropriate, the District specifies the number, appropriate location(s), design and placement of guide signs. In some cases, the District furnishes the necessary sign post. The owner of the signed facility shall pay for the fabrication of the sign(s) through a private source and deliver the sign(s) to ACHD Traffic Operations.

2. Facilities such as those listed below are appropriate for guide signing if they are not located on arterial streets:

• Museums; • Transportation depots; • Major recreational facilities; • Government centers; • Post offices.

3. Factors to consider when determining guide sign installation include

whether the facility is open to the general public (or of a similar character), how much first time or occasional visitor traffic it generates, and whether the facility is visible and accessible from an appropriate category of street.

The following standards are applied when considering guide signing for a facility:

Facility's Primary Drawing Area

Facility Location (Distance from Route)

Number of Monthly Visitors

National Freeway (2 miles) ITD Policy

State Freeway (1 mile) / State

Hwy (2 miles) ITD Policy / 1000

Regional/County State Hwy (1 mile) /

Arterial 500

County/City State Hwy (0.5 miles) /

Arterial 500 City/Community Arterial (0.5 miles) 300

Community/ Neighborhood Collector 100

Arterial and collector designations shall be determined by the most recently adopted version of the Ada County functional classification map.

4. Special consideration may be given for medical, police, and other

emergency service facilities.

5. Consideration of guide signs may be given beyond what is shown in the above chart. This includes facilities that are difficult to find or those that have unusually large draws of infrequent or first time visitors.

6. A minimum number of signs should be used to guide visitors to the site.

7. Word messages should be kept brief to convey the meaning of the sign.

8. Sign size should be based on the content of the sign and the appropriate letter size for the street. The following standards should be applied with respect to appropriate size lettering:

More than two lanes per

direction OR speed limit 45 mph or greater

Guide signs with 6" letters

More than one lane per direction OR speed limit 35

or 40 mph

Guide signs with 5" letters

Other streets Guide signs with 4" letters

9. Preferences should be given to standard signs when applicable. Those

signs are listed in the most recently adopted version of the Manual on Uniform Traffic Control Devices (MUTCD) or the Standard Highway Signs (SHS) manual.

10. Guide signs should be installed at locations that do not reduce the

visibility of or obscure necessary signage for traffic safety (e.g.: regulatory, warning signs and route guide signs).

5202.7.1 Access Signing

In some cases, there may be a need to provide guide signs due to difficult access (e.g.: major streets with high traffic volumes where median islands and U-turn restrictions exist). Strict criteria should apply in this application so signs are not placed where there is adequate access to a given facility. This type of signing leads a driver through a difficult access situation in conflict with the typical expectation of how to reach a facility.

5202.7.2 Sign Size and Position

The ability to provide guide signs depends on having appropriate locations to position them. The size of such signs mounted as a single sign assembly is limited to 36”x36”.

5202.7.3 Responsibility for Cost

The facility requesting guide signs shall be responsible for paying for the initial fabrication, installation, and eventual replacement of the

sign. The District shall verify the eligibility of the request and require payment in advance from the requestor prior to installation. Where a traffic or roadway improvement reduces access so the location becomes eligible for signing, the District or other entity beginning the project should be responsible for the cost of access signing.

5203 STRIPING AND PAVEMENT MARKINGS

5203.1 General The Ada County Highway District (ACHD) paint shop is responsible for maintaining all striping and pavement markings on ACHD maintained roadways in Ada County. Markings on non-ACHD maintained roadways may also be maintained by ACHD forces by intra-agency agreement. Refer to those documents when determining maintenance responsibility.

5203.2 Paint Crew – Procedures and Policies

Refer to the “ACHD Pavement Marking Procedures Manual” for policies and procedures related to striping crew operation.

5204 WORK ORDERS

5204.1 Response

Work orders should be prioritized and completed in the order they are received from Traffic Engineering. This priority is established by the crew chief, though he/she may receive specific direction about completion dates from the Traffic Operations Superintendent, the Traffic Engineering Supervisor, or the Manager of Traffic Services. The crew chief should be able to complete the work order in the requested time, though an alternate plan may be developed if the original schedule is not feasible.

5204.2 Authority/Approval

Work orders requiring traffic control device installations and modifications require the approval of the Traffic Engineering Supervisor, the Traffic Services Manager or designee. Approval of maintenance work orders should be by the Superintendent of Traffic Operations or his representative, which is then relayed to the crew chief for action.

5204.3 Compliance

The crew chief shall assure compliance with the most recently adopted version of the MUTCD or other applicable authority in completing the work order.

5204.4 Records

The work order shall become an integral part of the record system. It will be dated, indicate what action was taken and by whom. These should be given to the crew chief for proper filing. A copy of the completed work order should also be provided to Traffic Engineering as a method of tracking investigation completion.

5205 RECORD KEEPING

5205.1 General

Records are important in engineering and maintenance decisions; they are the tool used to protect the District's interests against potential claims and lawsuits. Many requests are made for data about all aspects of day to day operation. Refer to ACHD’s Legal Department for approved retention requirements.

5205.2 Record Types

Records may include, but are not necessarily limited to, the following:

• Daily log books; • Work orders; • Chronological filing systems; • Electronically based record systems (spreadsheets, Laserfiche,

databases, etc.).

5205.3 Content

Records should contain the following:

1. Location of work 2. Action taken 3. Date work completed 4. Work completed by whom (optional) 5. Other pertinent information for complete documentation of performed

actions Records should be updated in a timely manner to assure accuracy and that data is readily available to any entity who requests it.

5206 DIGLINE/UTILITY COORDINATION

5206.1 Line Location Requests

Line location requests normally come from Digline, but may be requested by individual utilities, contractors or others as needed. Every effort should be

used to assure accurate location of District facilities. This is normally within two (2) feet of District facilities.

5206.2 Requests for Line Locates

Requests for line locates should be directed to the Traffic Operations secretary to assure proper procedures are followed. Requests can be forwarded to the secretary by phone, email or in person. When requesting a line locate, provide information as specific as possible to help locators mark the correct areas.

6000 PERMITS AND INSPECTION 6001 DEFINITIONS

Words and phrases as used in this section are defined as follows:

“ACHD” means the Ada County Highway District. “ACHD Code” means all ACHD ordinances, policies, rules, and regulations codified as the Ada County Highway District Code in Ordinance 201, adopted by the ACHD Board of Commissioners April 12, 2006, and all subsequent amendments thereto. “ACHD Engineer” or “Engineer” means the Manager of the Engineering Department or his/her authorized representative.

“Activity” shall mean actions taken pursuant to a Permit “Annual Permit” shall mean a Permit issued for routine inspection, repair, replacement, or maintenance activities that will impede vehicular, pedestrian or bicycle traffic, but will not result in damage to a Highway. “Applicant” means the Person who files the application requesting a Permit and who is responsible for complying with the terms and conditions of the Permit, if issued. “Approved Fee Schedule” shall be the most current schedule of administrative, inspection, permissive use, and penal charges as approved by the board of ACHD Commissioners. These fees listed on the approved schedule will be identified with the appropriate policy section by subsection number included on the fee schedule.

“Arterials or Collectors” mean the Highway system within the jurisdiction of ACHD

designated with the functional classification of arterials or collectors by ACHD. “BMP” means best management practices and refers to operational activities, physical

controls or educational measures that are applied to reduce the discharge of pollutants and minimize potential impacts upon receiving waters.

“Business Days” means a calendar day on which ACHD’s administrative offices are normally staffed and conducting scheduled business of ACHD.

“Commission” means the Board of Ada County Highway District Commissioners. “Critical Infrastructure” means the disclosure of information concerning which, it is

believeds, is reasonably likely to jeopardize the safety of persons, property or the public safety. “Depth” means the measurement from the street surface to the bottom of the excavation.

“Deputy Director” means the ACHD Deputy Director of Engineering or his/her designee; i.e. Manager of Development Services, Manager of Engineering, or other ACHD employee as appropriate.

“Dewatering” means the discharge of surplus water from a Land Disturbing Activity, Construction Activity, utility vault, or domestic water facility into ACHD storm drain system or MS4, ditches, or drains. “Dewatering Permit” means a permit issued for the discharge of surplus water from a Land Disturbing Activity, Construction Activity, utility vault, or domestic water facilities into ACHD storm drain system or MS4, ditches, or drains. “Dewatering Plan” shall mean a plan required under this section for a specific location(s) wherein dewatering is to take place.

“Emergency” shall mean an unexpected, unanticipated situation or circumstance

requiring immediate action to avoid damage or injury to person, property or environment. “Emergency (Utility)” shall mean immediate repairs are necessary to restore utility

service to a customer. “Encroach” or “Encroachment” means the placement in, on, under, or over an opened or

unopened Highway or Public right-of-way with equipment, gates, fences, buildings, structures, materials, or otherwise which is owned by a person, or any other activity on or occupancy of a Highway or Public right-of-way by a person or entity creating a trespass, for a definable and continuous, but temporary period of time. Encroachments can be “authorized” or “unauthorized”. An encroachment is “authorized” if ACHD has issued a license agreement or permit allowing it to remain, at the sole and complete discretion of ACHD, subject to certain requirements, specifications and conditions established by ACHD. An encroachment is “unauthorized” if ACHD has not issued a license agreement or permit allowing it and it is subject to enforcement and removal under Idaho Code section 40-2319.

“Facility” or “Facilities” means any structure to be placed in, on or under a Highway or

Public right-of-way, including but not limited to water pipelines, geothermal pipelines, natural gas pipelines, petroleum product pipelines, street lights, sanitary sewer lift stations, monitoring stations, sanitary sewer pipelines; telephone, telegraph, electric, cable television or other telecommunications lines and cables; pressure irrigation, gravity flow irrigation or storm drainage structures and systems.

“General Contractor” means the lead contractor in charge of managing the Work and

coordinating subcontractors and all associated activities.

“Highways” or “Highway” shall have the meaning as set forth in Idaho Code section 40-109(5) and Idaho Code section 40-2312 together with all associated and adjacent Public rights-of-way as defined in Idaho Code section 40-117(6), as those code sections may be amended from time to time, which highways are under the jurisdiction of ACHD, and as are now existing and as the same may be laid out, widened, relocated, acquired and vacated or otherwise transferred in the future.

“Illicit Discharge” means any discharge to a municipal separate storm sewer that is not

entirely composed of storm water, except discharges authorized under an NPDES permit (other than the NPDES Permit for discharges from the MS4) and discharges resulting from firefighting activities.

“ITD” means the Idaho Transportation Department or its successor agency.

“Improved Highway” shall have the meaning set forth in Idaho Code section 40-110(1), and shall include curbs, gutters and sidewalks together will all associated and adjacent Public rights-of-way as defined in Idaho Code section 40-117(6) as those code sections may be amended from time to time, which improved highways are under the jurisdiction of ACHD, and as are now existing and as the same may be laid out, maintained, widened, relocated, acquired and vacated or otherwise transferred in the future.

“Inspection” means an examination through observation or physical testing of work

completed or in progress to determine its compliance with specified requirements.

“Inspector” means the person who determines compliance with specified requirements by observation and physical testing of the in progress or completed work.

“ISPWC” means the Idaho Specifications for Public Works Construction as currently

certified by a professional engineer and adopted by ACHD and as may be certified by a professional engineer and adopted by ACHD in the future from time to time.

“Joint Trench Work” means trench work involving more than one (1) utility. “Local Public Utility” means an organization that maintains infrastructure for a public

service, including sewer districts and irrigation districts. “MS4” means municipal separate storm sewer system.

“Peak hours” mean, in general, the hours from 7:00 AM to 9:00 AM and 4:00 PM to 6:00 PM, Monday through Friday, on Arterials or Collectors with more than 4000 ADT. Peak hours may also include lunch hours from Noon to 1:00 PM, or be extended as a result of civic events, seasonal activities or similar activities that substantially impede the flow of vehicular traffic on Arterials or Collectors or specified on a Permit. “Permit” means a Temporary Highway Use Permit or an Annual Permit, and shall include all attachments thereto. “Permittee” means an Applicant to whom a Temporary Highway Use Permit or Annual Permit is issued. “Person” shall have the meaning set forth in Idaho Code Section 40-117(1). “Public Right-of-Way” shall have the meaning set forth in Idaho Code section 40-117(6) and in Idaho Code section 40-2312, as such code sections may be amended from time to time, which Public rights-of-way are under the jurisdiction of ACHD, and as are now existing and as the same may be laid out, widened, relocated, acquired and vacated or otherwise transferred in the future. “PUC” means the Idaho Public Utilities Commission or its successor agency. “Responsible Person” means a trained and certified person having day-to-day control over construction site activities, and the person in charge of administrating the erosion

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and sediment control plan. “Site Specific Erosion and Sediment Construction Site Discharge Control Plan” means a plan approved by ACHD under the Construction Site Discharge Control Program Section 8300. “Testing Technician” means the authorized ACHD and/or Contractor representative performing the required QA/QC Inspections. Said person shall have current certifications for tests to be performed under the WAQTC (Western Alliance for Quality Transportation Construction). “Work” or “Permitted Work” means any construction activity proposed or to be performed in, on, under or over a Highway or Public right-of-way, including, but not limited to: the construction, installation, repair, replacement, and maintenance or creating an Encroachment to a Highway, Public right-of-way, or Facility; any tie-ins to the existing edge of the improved Highway, and all curb, gutter, sidewalk, paving or other Highway improvements. “Working Days” means a calendar day on which weather will permit construction operations to proceed for at least four (4) hours, exclusive of days which ACHD orders that no work be performed.

6002 SCOPE AND RESPONSIBILITY

ACHD monitors all construction and maintenance activities in the Highways under ACHD jurisdiction and in subdivision developments through a comprehensive construction contract administration process. This process includes Permit issuance, progressive and final quality assurance field inspections, and a materials testing program. This determines compliance with minimum Standard Specification requirements, general conditions, and drawings for street and roadway construction. ACHD also provides monitoring, regulation and enforcement of authorized and unauthorized Encroachments in the Highways and Public rights-of-way. Citizen complaints about encroachments, transportation impacts, traffic, public safety, clean air or clean water impact, pedestrian hazards, and other nuisances are investigated. ACHD conducts maintenance bridge inspections complying with Federal Highway Administration guidelines necessary to develop load capacities and identify safety deficiencies.

6003 STANDARDS AND SPECIFICATIONS

6003.1 ACHD Material and Performance Specifications

ISPWC Standards and current ACHD supplemental specifications are the approved ACHD material and performance specifications. These specifications cover work being conducted and material placed in Highways, and in subdivisions and developments, unless otherwise noted.

6003.2 Idaho Transportation Department (ITD) Standard Specifications for Highway Construction

ITD Standard Specifications and current supplemental specifications are used for ACHD sponsored construction projects using federal funds. They are also

used for ACHD bridge construction, unless otherwise noted.

6003.3 ACHD Quality Assurance and Quality Control (QA/QC) Procedure

The ACHD Quality Assurance and Quality Control Procedure outlines the minimum testing and sampling frequencies when working on projects within the ACHD right-of-way or proposed ACHD right-of-way. Test methods, procedures, responsibilities, and exceptions are described and outlined in the current version of the ACHD Supplemental Specifications to the ISPWC.

6003.4 Manual on Uniform Traffic Control Devices (MUTCD) “MUTCD” is the current Manual of Uniform Traffic Control Devices adopted by the Idaho Department of Transportation; as per Title 23 of U.S. Code, Section 109(d) and Title 23, Code of Federal Regulations, Part 655.603. (Copies are available at Local Highway Technical Assistance Council, 3330 Grace Street, Boise, Idaho 83703.)

6003.5 Applicable Federal Standards and Specifications for Accessibility 28 CFR part 35.151 (c). Uniform Federal Accessibility Standards (UFAS) (appendix A to 41 101-19.6) or the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG) (appendix A to 28 CFR part 36) as currently existing and as may be amended, supplemented or replaced from time to time.

6004 PERMIT AND SUBDIVISION INSPECTION

6004.1 General

Construction Permit inspection shall include any permitted construction activity within the existing or proposed Highways or Public rights-of-way. Inspection includes permit inspection, subdivision inspection, and inspection of work performed by ACHD forces or contractors hired by ACHD.

6004.2 Inspector Responsibilities

Inspectors shall conduct progressive and final reviews of all construction and Encroachment activities in the Highways or Public rights-of-way for compliance with construction plans, Standard Specifications, general conditions, traffic plans, motorist and pedestrian obstruction, Best Management Practice (BMPs) for Site Specific Sediment and Erosion Construction Site Discharge Control Plan, accessibility standards and specifications, motorist and pedestrian safety, safety requirements and quality assurance. Comprehensive records of the activities shall be kept and reports provided to the Engineer. The inspector shall be ACHD’s representative to the contractor, utilities, public, or other agencies and entities. Quality Assurance testing will be performed at the intervals specified in the Minimum Testing Frequency table contained in the ACHD QA/QC Procedure.

6004.3 Testing Technician Responsibilities Testing technicians shall perform laboratory and field testing of materials according to established guidelines to determine compliance with minimum specification requirements.

6004.4 Uniformity of Inspection

ACHD personnel and consultants representing ACHD shall uniformly enforce compliance with ACHD standards and policy.

6004.5 Frequency of Testing

Materials and Inspection testing frequencies shall be performed as identified in the ISPWC. ACHD shall be responsible for Quality Assurance Testing. Contractors/Developers shall be responsible for Quality Control Testing through a qualified Testing Technician.

6004.6 Final Inspections and Approvals Final inspections of Subdivisions and Permits shall be performed at the request of the Permittee or the Developer.

1. Subdivisions and Permits under ACHD administration and inspection shall

be final once all ACHD requirements of the development and/or Permit have been completed, and is shall be effective when the permit is signed off by the ACHD Inspector; this shall commence the warranty period. For subdivisions with new public streets, final acceptance is effective and the warranty shall commence when the acceptance for maintenance letter is issued.

6005 SIDEWALK

6005.1 Preamble - Construction, Repair or Removal Prioritization of the construction, repair or removal of sidewalks by ACHD is a discretionary function. Operating within financial limitations pursuant to Section 40-1311, Idaho Code, and as authorized by Chapter 13, Title 40 and Chapter 14, Title 40, Idaho Code, ACHD does not actively identify dangerous or hazardous sidewalks and therefore, does not know all sidewalk locations within its jurisdiction which may be dangerous or hazardous. Whenever ACHD becomes aware of and determines a sidewalk to have a dangerous or hazardous defect pursuant to the criteria set forth in Section 6005.2, ACHD shall undertake reasonable efforts to warn the public of the dangerous or hazardous sidewalk and consistent with the provisions of this Section, ACHD shall cause the repair of any sidewalk determined to be dangerous or unsafe for public use in accordance with ACHD Ordinances, guidelines and standards. Any sidewalk defect that does not meet the criteria for a dangerous or hazardous defect as set forth in Section 6005.2 is presumed to be an

insubstantial defect and the sidewalk is presumed to be reasonably safe and convenient for public travel.

6005.2 Criteria for Determining Dangerous or Hazardous Sidewalk Dangerous or hazardous defects shall include, but are not limited to:

1. 0.75 inch (¾”) vertical misalignment;

2. Missing sections or voids exceeding 0.75 inch (¾”) in horizontal alignment;

3. Spalled or irregular surfaces, 0.75 inch (¾”) or deeper.

6005.3 Criteria for Determining Additional Adjacent Sidewalk Repairs Federal Accessibility Standards: 1. Greater than 0.25 inch (¼”) vertical misalignment or greater than 0.50

inch (½”) vertical misalignment that has a 0.25 inch (¼”) beveled ramp on a 1:2 slope

2. 0.50 inch (½”) wide openings

6005.4 Responsibility for Sidewalk Repair

ACHD is responsible to repair most sidewalks in the public rights-of-way except

as provided herein:

1. Property owners are responsible to repair carriage walks (i.e. the private sidewalk between the back of curb and the public sidewalk or the private sidewalk from the back of the public sidewalk leading to the house), driveway approaches, and any decorative concrete items within the public rights-of-way at their expense.

2. Sidewalks damaged by private property trees are the responsibility of the property owner.

3. Property owners are responsible for sidewalk damage caused by their activities.

4. Damage caused by third parties, including but not limited to, sprinkler systems or vehicles driving on curbs or sidewalks shall be the responsibility of the guilty party, if determined.

6005.5 Sidewalk Repair by Mutual Consent

Sidewalks with vertical misalignment in a range from 0.25 inch (¼”) to 0.75 inch (¾”) may be repaired through mutual consent between ACHD and the property owner.

1. Repair costs to be the responsibility of the property owner and ACHD. 2. Repairs shall be completed in a manner that complies with federal

accessibility standards to include repairing the entire sidewalk adjacent to the affected property if necessary.

3. ACHD’s participation in Mutual Consent repairs shall be fifty percent

(50%) of the cost and shall be limited by available resources. Mutual Consent repairs shall be lower priority than repairs for sidewalks with a designated hazardous defect.

6005.6 Financial Hardship Waiver Financial hardship appeals will be considered by ACHD when a property owner is responsible for the repairs. The Deputy Director of Maintenance and/or the Director have the authority to waive, in whole or in part, a property owner’s responsibility to repair a sidewalk determined to be dangerous, unsafe, or unable to meet Federal Accessibility Standards when such repair would be an undue financial hardship for the property owner. An application for a financial hardship waiver must be in writing and it must be submitted to the Deputy Director of Maintenance. The application for a financial hardship waiver must specifically describe the undue financial hardship and it must be supported by adequate documentation demonstrating the property owner’s current financial situation.

6006 FIVE YEAR MORATORIUM POLICY

6006.1 Five Year Moratorium

Where a newly constructed or repaved Highway surface has been in service for less than five (5) years, such Highway shall be termed a “Moratorium Highway”. No cutting or excavation of a Moratorium Highway shall be permitted except with the written approval of the ACHD Pavement Cut Committee, or as provided herein.

6006.1.1 Exceptions.

Exceptions to this policy are as follows:

1. Emergencies due to utility failure that endanger life or property.

2. Interruption of essential utility services.

3. Work that is required by a City, the County or the State or mandated by City, County, State or Federal law or regulations.

4. Alleys- except those designated by ACHD.

5. Seal coat projects.

6006.1.2 Waiver Required To cut or excavate in a Moratorium Highway, a waiver must be obtained from ACHD. To request a waiver, the applicant must submit a written request to the Deputy Director of Engineering or his/her designee. The request must include the following:

1. The location of the cutting or excavation.

2. Description of the work to be performed.

3. The reason(s) the work was not performed before the Highway was constructed or repaved.

4. The reason(s) the work cannot be deferred until after the

moratorium period.

5. The reason(s) the work cannot be performed at another location.

6. The reason(s) it is justified to cut or excavate the Moratorium Highway.

6006.1.3 Approval of Waiver – Written Findings and Decision The ACHD Pavement Cut Committee may, upon due consideration of the information provided by an applicant, approve a requested waiver and allow the cutting or excavation of a Moratorium Highway upon a finding that:

1. Service for buildings/structures is necessary; and

2. No other reasonable means of providing service exists.

The ACHD Pavement Cut Committee shall issue its written findings and decision approving or denying the waiver request upon due consideration of the information provided by the applicant. If the ACHD Pavement Cut Committee approves the waiver request, it may impose conditions upon the approval, in addition to those provided in Section 6006.1.5.

6006.1.4 Appeal An applicant may appeal a decision of the ACHD Pavement Cut Committee concerning a moratorium cut or excavation waiver request by filing a written appeal with the ACHD Director within seven (7) days of the issuance of the decision by the ACHD Pavement Cut Committee. The written appeal must set forth the basis for the appeal, and it must include a statement of the relief sought by the applicant. The ACHD Director shall review the appeal, the written findings and decision of the ACHD Pavement Cut Committee, and upon due consideration, issue his/her decision on the appeal. The ACHD Director may uphold or modify the decision of the ACHD Pavement Cut committee, or he/she may return the matter to the ACHD Pavement Cut Committee with directions. The decision of the Director shall be final.

6006.1.5 Conditions of Pavement Cuts – Less than Five (5) Years Old When cuts or excavations are allowed by the ACHD Pavement Cut Committee or the ACHD Director, or for exceptions under Section 6001.1.1, they shall be constructed to ISPWC standards and:

1. Pavement cuts or excavations shall be coordinated with the work

of other utilities and entities, as applicable; and

2. A minimum twenty foot (20’) wide asphalt patch back shall be required unless otherwise approved by the ACHD Pavement Cut Committee or the Director; and

3. Shall require a longitudinal trench cut of a full lane pavement restoration, or a half roadway pavement restoration, or a full width pavement restoration, as approved by the ACHD Pavement Cut Committee; and

4. If permanent asphalt is not available at the time of the pavement cut, the trench will be temporarily patched until permanent paving is possible. The Applicant or its contractor shall check the temporary patch weekly and repair it as necessary, and the temporary patch shall be replaced with permanent asphalt within thirty (30) days of the date that permanent asphalt first becomes available; and

5. The pavement patches will be checked for smoothness after six (6) months and every six (6) months thereafter for a period of two (2) years from the date of the original pavement patch. Any irregularities or defects that are found to vary more than 0.02 of a foot in ten (10) feet will be corrected. The appropriate correction method must be approved by ACHD; and

6. All applicable standards, conditions, and specifications within

ACHD Policy shall apply.

6006.2 Responsibility for Maintenance of Pavement Cuts – Two (2) Years Warranty or Five (5) Year Cash Deposit, as Applicable

Permit holders shall be responsible for maintenance of pavement cuts or excavations allowed by ACHD under a waiver or accepted under Section 6006.1.1 for two (2) years following the date of Acceptance of Permitted Work by ACHD’s Inspector. Provided, however, if an applicant is denied a request for a waiver to cut or excavate in a Moratorium Highway either by the ACHD Pavement Cut committee or by the ACHD Director in an appeal, but elects to proceed with such cut or excavation, the applicant shall be granted a permit, the applicant’s work shall be subject to the conditions set forth in Section 6006.1.5, and all maintenance requirements shall therein be extended from two (2) years to five (5) years. , and tThe applicant shall deposit with ACHD cash in the amount of five hundred percent (500%) of the value of the trench work with

ACHD, as determined by the ACHD Director or his/her designee, and ACHD shall retain such funds for a period of five (5) years following the date of Acceptance of Permitted Work by ACHD’s Inspector. and from which, ACHD may draw for repair of the trench and roadway in the event of a failure of the trench from such funds. Failure of the applicant to comply with the conditions set forth in Subsection 6006.1.5 shall be deemed a surrender of the cash deposit.

6006.3 ACHD Pavement Cut Committee Membership Membership of the ACHD Pavement Cut Committee shall consist of the following: The Manager of Engineering, who shall serve as the Chair of the Committee, the ACHD Utility Coordinator, the ACHD Pavement Management Engineer, and one (1) person from the ACHD Engineering Department, as determined by the respective Deputy Director having departmental oversight authority.

6006.4 Advance Notice of Construction or Repavement of Highways In an effort to minimize the potential for cutting and/or excavation of Moratorium Highways, ACHD will attempt to provide advance notice of the construction or repavement of Highways, as follows: 1. Capital Projects (Construction and Overlay Projects). Notification of utilities

shall be in accordance with Idaho Code Section 40-210. Initial written notification to adjacent property owners shall be by letter or similar informational document six (6) months prior to the planned start of the project with a follow-up letter or informational document and “door hangers” provided seven (7) days prior to the actual start of the project.

2. Maintenance Projects (Construction, Overlay and Seal Coat Projects). Notification of utilities shall be in accordance with Idaho Code Section 40-210, if applicable. Initial written notification to adjacent property owners shall be by letter or similar informational document three (3) months prior to the planned start of the project with a follow-up letter or similar informational document and “door hangers” prior to the actual start of the project.

6007 TEMPORARY HIGHWAY AND PUBLIC RIGHT-OF-WAY USE PERMITS

6007.1 Permits

6007.1.1 Permits Required 1. Any Person who desires to perform any work on a Highway or Public

right-of-way or encroaches on a Highway or Public right-of-way (including use for the convenience of the Permittee) shall first apply for and obtain a Permit in the manner as set forth unless herein provided to the contrary.

2. No Permit shall be required for Work undertaken by ACHD crews.

3. A Permit will be required by contractors or agents who are performing

Work for or on behalf of ACHD or any other local public agency in Ada County. Inspection fees may be reimbursed to the local public agency in compliance with a reciprocal “Fee Reduction” agreement.

4. Any municipality or Local Public Utility in Ada County undertaking Work

either with its own crews or with subcontractors shall obtain a Permit in its own name (even if it must become bonded to do so) and the Permit shall identify the General Contractor and all subcontractors performing the Work. Subcontractors shall not be allowed to obtain the Permit. The municipality or local public agency shall assign a qualified representative who must be an employee of the municipality or local public agency, and who shall act as the primary point of contact and be listed as such on the Permit. If the municipality or local public agency has executed a reciprocal “Fee Reduction” agreement with ACHD, then there shall be no standard fee for the Permit; provided however, that any additional fees that may be imposed by ACHD under certain circumstances, as well as any penalties that may be imposed by ACHD, shall be exempt from the “Fee Reduction” agreement and shall be charged to the municipality or local public agency as applicable.

5. Any General Contractor in Ada County undertaking ACHD required

Work either with its own crews or with subcontractors shall obtain a Permit in its own name (even if it must become bonded to do so) and the Permit shall list the General Contractor and all subcontractors performing the Work. Subcontractors shall not be allowed to obtain Permits for the Work. The General Contractor shall assign a job superintendent who must be an employee of the company, and who shall act as the primary point of contact and be listed as such on the Permit.

6. An Annual Permit may be obtained by utilities that perform short-term work in Highways or the Public rights-of-way. Annual Permits are issued for routine inspection, repair, replacement, or maintenance activities that will impede vehicular, pedestrian or bicycle traffic. Work performed under Annual Permits shall be non-destructive in nature, and shall not result in damage to a Highway. Work performed under an Annual Permit shall be four (4) hours or less in duration for each job or location, including alleys. Activities limited to surveying and utility markings do not require a permit except when temporary traffic control is required. Such other similar activities as approved by the Deputy Director are excluded from the Permit requirement. However, a Permit will be required anytime temporary traffic control is needed to direct roadway users or to ensure worker safety.

7. Municipalities may be excluded from the Annual Permit requirement if

they have entered into a separate agreement with ACHD.

8. Subcontractors performing work for the Permittee shall have written authorization to act as agent for the Permittee to satisfy the requirements of Section 6007.8 Indemnification and shall, in their own right, meet the requirements of Section 6007.6 Liability Insurance.

6007.1.2 Emergencies Nothing in this section shall be construed to prevent any person maintaining any pipe, conduit, cable, or duct on, in or under any Highway or Public right-of-way, by virtue of any statute, ordinance, or a Permit, from making such excavation or highway encroachment as may be necessary when an Emergency exists, provided that the person making the excavation or obstruction or Encroachment shall notify ACHD within one (1) business day following the commencement of the Emergency and obtain a Permit. Failure to notify within one (1) business day will void the status under this provision and Section 6007.4.3, Additional Fees for Failure to Obtain a Permit, shall apply.

6007.2 Application for Temporary Highway and Public Right-of-Way Use Permits

6007.2.1 Filing of Application Upon filing a completed application, together with the required supporting information, the Deputy Director shall evaluate the application for conformance with the provisions of the ACHD Code and all other applicable ordinances, resolutions, specifications, standards and policies of ACHD, and, within five (5) working days thereafter, shall either approve the application and issue a Permit or disapprove the application or request a conference with the Applicant. If the application is disapproved, the Deputy Director shall provide the Applicant with a written statement of such disapproval, setting forth the reasons therefore.

6007.2.2 Supporting Information Supporting information shall include, but is not limited to: 1. Temporary Traffic Control Plan, including a plan for accessible pedestrian

routes during construction, where applicable 2. Contractors Information Sheet 3. Certificate of Insurance 4. Surety Bond 5. Warranty Documents 6. Certified Responsible Person 7. Proof of ownership of current ISPWC with supplements 8. Annual Construction Site Discharge Control Plan 8. Site Specific Sediment and Erosion Construction Site Discharge Control

Plan & Dewatering Plan, if Applicable 9. Master Fiber Optic Facility Permit holders shall submit a map or detailed

plan showing their proposed route marked “Exhibit” and note if this will be considered “Critical Infrastructure”

10. A detailed, scalable plan showing the location of centerline and the proposed location of the facility as it is intended to be constructed within the

right of wayright-of-way. 11. If utilities are to be located outside their corridor as described in Section

6007.12.3, a written statement of concurrence from each utility within the target corridor must be submitted.

6007.3 Pre-Construction Conference

In the event ACHD determines it is advisable, the Applicant or a representative shall meet with ACHD staff to discuss any issues arising out of the application needing explanation, clarification, or further review. ACHD may require the Applicant to provide further information regarding any or all of the following items: schedules, phasing, traffic control, notifications, or other criteria. After the permit has been approved, picked up, and paid for, the activity will not start until the next business day, unless approved by ACHD at the Preconstruction Conference.

6007.4 Combination Fee Schedule and Matrix

Permit fees shall be administered in accordance with the current Approved Combination Fee Schedule and Matrix (Fee Schedule) and shall be collected when the Permit is issued. 6007.4.1 Temporary Highway and Public Right-of-Way Use Permits 1. Permit fees will be assessed for: new or replaced curb, gutter, and

sidewalk; street surfacing; the installation, maintenance, repair, or replacement of water, telephone, telecommunications, power, natural gas, petroleum, geothermal, sanitary sewer, storm drains, cables, conduits, or service connections thereto in trenches and holes within the Highway or Public right-of-way and are based on the total number of project days impacting the Highway or Public right-of-way. • When a joint utility trench for electric power cables, natural gas

pipelines, and communication cables is utilized, each participating entity must secure a Permit before it may begin work in the joint utility trench.

• The Permit fees will provide for administrative support, minimum frequency of inspection and testing for activity being performed, and a follow-up inspection review at two (2) years.

• ACHD will attempt to notify the designated representatives of the involved party before additional inspections are made and inspection fees billed. ACHD will use discretion and make allowances for inclement weather before making such additional inspections.

2. Short Term Encroachments:

For Encroachments for a period of less than three (3) weeks as designated in the Approved Fee Schedule.

3. Long-Term Encroachment For Encroachments for a period of three (3) weeks or more: • Encroachments of the vehicle travel lane shall be calculated upon

0.833% of Ada County Assessor’s most recent assessed square foot value of the adjacent bare land.

• Encroachments of the pedestrian travel area shall be calculated upon 0.417% of Ada County Assessor’s most recent assessed square foot value of the adjacent bare land.

• Encroachments within the right of wayright-of-way that do not affect either vehicle or pedestrian travel shall be calculated upon 0.208% of Ada County Assessor’s most recent assessed square foot value of the adjacent bare land.

If more than one type of encroachment is necessary, the fee for each type of area shall be calculated separately and then aggregated to determine the total fee required. This amount shall be multiplied by the square footage of right of wayright-of-way being occupied by the Permittee on a monthly basis, or as designated in the Fee Schedule, whichever is greater.

4. Annual Dewatering Permit (if applicable, see Section 6007.12.7)

6007.4.2 Exemptions from or Reduction in Base Permit Fees

No fee shall be required for the issuance of a Permit required for: 1. The relocation of existing Facilities in conjunction with an ACHD

construction contract.

2. Work in any development being constructed pursuant to an ACHD Subdivision Inspection Agreement, as provided for in Section 6007.19.

6007.4.3 Additional Fees for Failure to Obtain a Permit Except in the case of emergencies, an additional fee shall be charged for any Work or Occupancy for which a Permit is required under the ACHD Code that is commenced prior to the issuance of a Permit. 6007.4.4 Additional Fees for Failure to Implement Temporary Traffic Control

When a Permittee commences work without temporary traffic control (TTC) devices in place, complete, per the approved traffic control plan, the Permittee shall be assessed an additional fee. In addition, the Work shall be suspended and all encroachments shall be removed until the devices are in place in accordance with the TTC plan.

6007.5 Permit Time Extension and Charges

1. A fee may be levied for each Permit time extension that exceeds the

completion date stated in the Permit.

2. No additional fees will be charged for changes to the starting date for the

Activity authorized by the Permit, provided that at least one (1) business day advance notice is given to ACHD prior to the starting date and time shown in the Permit. The completion date will be modified accordingly and a time extension may not be required.

3. If the Work does not commence within seventy-two (72) hours of the time

designated on the Permit and no request for extension has been received, the Permit may be revoked and the Permit fee forfeited. This section does not apply to an Annual Permit. A new Permit with corresponding fees may be issued if and when the Permittee reschedules the Work.

4. Violation of Peak Hour Prohibitions. An additional fee shall be charged for every fifteen (15) minutes or increment thereof during which time the Permittee violates a Peak Hour prohibition in the Permit.

5. An increased daily fee may be charged at the discretion of the Deputy

Director for extended use of Local, Collector, or Arterial roads when the Permittee’s use exceeds the Estimated Maximum Permit Time. The decision to utilize this increase of daily fees shall be a collaboration between the Inspector and the Inspection Coordinator. The fees shall be as set forth in the Approved Fee Schedule.

Combination Fee Schedule and Matrix

All timeframes are subject to adjustment by ACHD Days=Calendar

6007.4.1 Temporary Highway Use Permit

Trench Length Estimated Maximum Permit Time

Transverse Bore 7 days

Longitudinal Bore 5 days + 1 per 300’

<50 lineal feet 7 days

51-300 lineal feet 11 days



901-1,200 lineal feet 23 days

1,201-1,500 lineal feet 27 days

Over 1,500 lineal feet 27 days + 1 day per each additional 50’ lineal feet

New/Replaced Curb, Gutter & Sidewalk

Curb, Gutter and Sidewalk 14 days + 1 day for each additional 100 lineal feet (this includes the 7 day cure period) Sidewalk Only

Curb & Gutter Only

Concrete Base Timeframe 14 Days for Minor Concrete Work, Less than 100 lineal feet

Street Surfacing

Street Surfacing for Full Width or Any Portion Thereof

8 days + 1 day per 500’

Permit Fee Schedule

Arterial Street $75.00 per day

Collector Street $50.00 per day

Local/Residential Street $25.00 per day

Upon permit activation the daily fee will continue until all work is complete, this includes removal of all traffic control devices and any necessary clean-up

6007.4.1.2 Short Term Encroachments Facilities Maintenance Activities, Equipment Barricades, Material Piles, Lane Closures, etc.

$75 for each 5 days 5 days

Dumpster and Storage Units $15 per week 7 days

6007.4.1.3 Long Term Encroachments (Period Three Weeks or More) Application Fee $75 Encroachment Fee Minimum $450 per month for vehicle lane encroachments;

Minimum $225 per month for pedestrian travel encroachments;

Minimum $125 per month for other encroachments;

or per calculation, whichever is greater.

6007.4.1.4 Annual Dewatering Permit Annual Fee $900 Per Occurrence (Good for 30 Days or Event) $75

6007.1.1.6 Annual Permit Fee Annual Fee $75

After Revocation $500

6007.5.5 Permit Time Extensions and Charges

Dumpster / Encroachment

Local Collector Arterial

Fee for Time Extension up to14 Days beyond the Estimated Maximum Permit Time (listed above)

$15 per day $100/day $200/day $300/day

Fee for Time Extension in Excess of 14 Days beyond the Estimated Maximum Permit Time (listed above)

$500/day

Penalties and Associated Fees*

6007.4.3 Working Without a Permit $500

6007.4.4 Failure to Implement Temporary Traffic Control

$500

6007.5.4 Peak Hour Violation $125/15 min. increment (Excluding Emergencies - see Section 6007.1.2)

6007.11.1 Incomplete Traffic Control Setup or Maintenance

$100 per instance not to exceed two instances per day

If the Permittee is assessed more than two penalties is assessed two penalties and does not correct the deficiency in the same day, ACHD may revoke the Permit.

6007.12.5 Unacceptable Debris or Material on the Construction Site Within the Right of Way

6007.12.7.4 Inadequate Maintenance of Temporary Surface Repair

6007.16.1 Failure to Repair Damage to Highway $500 6007.18.3 Failure to Stop Work $2,000 per day

* Penalties and Associated Fees listed above refer to the maximum allowed amount. Reduced amounts shall be determined at the discretion of the Deputy Director.

6007.7.3 Bond Amount Determination Asphalt Roadway LF_____X 11’ lanes X $54 =_______ Concrete Roadway LF_____X 11’ lanes X $93 =_______ Curb and Gutter LF_____X X $15 =_______ Sidewalk SY_____X X $40 =_______ Detached Sidewalk SY_____X X $120 =______ Median SY_____X X $36 =_______ Sewer Trench Backfill LF_____X X $ 8 =_______ Utility Trench Backfill LF_____X X $ 2 =_______

Sub Total _______ 10% Mobilization _______ Total _______ Additional Bonding Required if Total Exceeds $25,000

Due to the limited number of concrete streets and intersections in Ada County, requirements for trenching in concrete streets shall be specific to the location and shall be negotiated. The most important criteria will be to find alternatives to trenching. With regards to Permit extensions, the timeframe calculation shall be applied unless extenuating circumstances warrant adjustment and are negotiated prior to construction. In the event that unforeseen circumstances are encountered during construction, the contractor is responsible to notify ACHD as soon as the circumstances and their potential schedule impacts are known. In determining whether to extend the timeframe, the Deputy Director will welcome input from the applicable city or agency. Such input shall only come from a person designated in advance by the city or agency such as the assigned inspector. Applicants disagreeing with the decision of the Deputy Director may obtain review of the matter by the ACHD Director by filing a written request with the Deputy Director within five (5) business days of the decision. Applicants disagreeing with the decision of the ACHD Director may obtain review of the matter by the ACHD Commission by filing a written request with the ACHD Director within five (5) business days of the ACHD Director’s decision. The ACHD Commission’s review shall occur at a regularly scheduled meeting and its decision on the matter shall be final.

6007.6 Liability Insurance

6007.6.1 Insurance Required No Permit shall be issued unless and until the Applicant has submitted a Certificate of Insurance or its equivalent from a company authorized to do business in the State of Idaho and licensed by the Idaho Department of Insurance evidencing that the Applicant has or will have in force and effect public liability insurance covering death, bodily or personal injury and property damage that may occur during the performance Activity, with a minimum limits of liability of not less than $500,000 for any one occurrence or accident, regardless of the number of persons injured or the number of claimants. ACHD shall be named as a co-insured in such policy, and, if so, the insurance shall not be canceled or reduced in coverage until at least ten (10) calendar days after written notice of such cancellation or reduction in coverage. ACHD shall respond in writing to acknowledge each request it receives.

6007.6.2 Master Policy of Liability Insurance Allowed Permittee may satisfy this requirement by obtaining appropriate endorsement to any master policy of liability insurance Permittee may maintain.

6007.7 Surety Bond

6007.7.1 Condition of Permit No Permit shall be issued unless and until the Applicant therefore has submitted to ACHD a Surety Bond or other instrument acceptable to ACHD, with a penal sum of not less than $25,000 or as determined (see Section

6007.7.3). The surety bond will name ACHD as obligee.

The surety bond, in an amount required by ACHD, written by a surety company listed on the current Department of the Treasury Circular 570, and authorized to do business in Idaho shall guarantee the terms of the permit which shall include completion of construction, including the restoration of surfacing, slopes, slope treatment, top soil, landscape treatment, drainage facilities and cleanup of right-of-way. The surety bond shall also provide security for the Permittee’s warranty of the permitted work to be free of defects in workmanship or materials for a period ending two (2) years after date of acceptance as provided in Section 6007.17. A blanket surety bond or other instrument acceptable by ACHD may be maintained covering multiple franchises or permits in lieu of individual bonds at ACHD’s discretion. A blanket surety bond or other instrument acceptable to ACHD shall be in an amount as determined by ACHD but with a penal sum not less than $25,000.

6007.7.2 Release of Surety At the end of the time period of the surety bond, said surety bond shall be released to the Permittee. Multiple permits covered by a blanket surety, shall be released one permit at a time two years after the work under each permit is accepted. Such release of a surety bond does not remove any obligation on the part of the Permittee to restore or remedy any deficiencies in the completed work during the warranty period. If the Permittee cancels or terminates a surety bond, the obligations under the surety bond shall continue for two years after the date of the termination as to all work or projects completed or underway on the date the bond is cancelled or terminated.

6007.7.3 Bond Amount Determination In situations where the value of the work described under a permit substantially exceeds $25,000, the Deputy Director may determine a reasonable amount to be additionally required for the surety bond. The Deputy Director will consider any showing of good cause made by the Applicant, including but not limited to, the scope of the proposed work, the value of the proposed work or contract amount and such other factors. The Deputy Director’s determination of the reasonable amount required for the surety bond shall be sufficient to ensure (1) the timely and diligent performance and payment of the proposed work; (2) the payment of all persons supplying labor and materials associated with the proposed work; and (3) to cover payment of all warranties and other guarantees against defective workmanship or materials. The surety bond required shall be on a form designated by ACHD and will include references to Sections 6000 and 8300.

6007.7.4 Bond Exemption

Off-site utility construction work that is being done under a general development permit that has already required an adequate surety bond or

other instrument acceptable to ACHD, will require a separate permit, but may not require additional surety provided the existing surety covers off-site work.

6007.8 Indemnification As a condition of the Permit, Permittee shall indemnify, save and hold ACHD harmless from and against all claims, demands, actions or judgments, for damages, injury or death, mechanics and other liens, arising out of the failure or neglect of Permittee, Permittee’s employees, contractors and agents, to properly and reasonably perform Activity, or that otherwise results from the use and occupation of the Highway by the Permittee, including any attorney fees and costs that may be incurred by ACHD in defense of such claims.

6007.9 Compliance with Law; Hazardous Materials In the performance of Activity, Permittee will comply in all respects with any and all federal, state and local statutes, ordinances, policies, rules and regulations, obtain any and all Permits and approvals required in connection with its use of the Highway, including, without limitation, those relating to traffic and pedestrian safety, the Clean Air or Clean Water Act and/or relating to hazardous materials (defined as any substance or material defined or designated as hazardous or toxic waste, material or substance, or other similar term, by any federal, state or local environmental statute, regulation or occurrence presently in effect or that may be promulgated in the future).

6007.10 Construction and Occupancy Standards and Qualifications 6007.10.1 Construction Requirements

All Activity undertaken pursuant to a Permit shall conform to ACHD’s standard specifications and drawings set forth in the Idaho Standards for Public Works Construction, MUTCD, and ACHD code, which are in effect at the time of the issuance of the Permit, and according to the plans, specifications and construction details approved by the ACHD Engineer, and any other conditions or requirements set forth in the Permit, and shall further conform to the following:

6007.10.2 Qualifications for Work Permit The Permittee shall at all times employ sufficient and qualified personnel and use equipment of sufficient size and in such mechanical condition as is required to properly complete all permitted Work within the time frame specified in the Permit. 6007.10.3 Diligence in Prosecution of Work Unless otherwise specified in the Permit, all permitted Work shall be diligently prosecuted to completion and, at a minimum, all trenches shall be worked continuously for eight (8) hours each working day until backfilled. The maximum length of open trench in the Highway permissible at any time shall be 400-feet except within the confines of a total road closure in which case the

maximum shall be 800-feet. Open trench will only be allowed through one intersection at a time, which may reduce the length of open trench allowed. Also see Section 6007.12.6 Highway Cuts.

6007.11 Traffic Control Requirements

6007.11.1 Temporary Traffic Control Requirements for Permitted Work

1. The Permittee shall submit a Temporary Traffic Control (TTC) Plan with

the Permit application. The TTC Plan shall identify existing street conditions, such as number and direction of vehicle lanes, bicycle lanes, and parking lanes, raised islands, cross streets, driveways, sidewalks, pathways; and permanent traffic control devices, such as signs, signals, and pavement markings. The TTC Plan shall show all temporary traffic control devices needed to control vehicular, bicycle and pedestrian traffic in accordance with Part 6 of the Manual on Uniform Traffic Control Devices (MUTCD). All taper and buffer lengths and device spacing shall be clearly labeled. The ACHD Standard Traffic Control Templates may be used by Permittees to assist in development of TTC Plans.

The Permittee is solely responsible for the accuracy of the TTC Plan

and its suitability for use in the Permit area. When changes to the TTC Plan are necessary due to the changes in site conditions or progress of the Work, the Permittee shall submit a revised TTC Plan for ACHD’s review and approval prior to implementing the TTC Plan change.

2. During the course of all permitted Work, the Permittee shall be

responsible to provide, erect, and maintain all temporary traffic control devices, including but not limited to signs, temporary striping, barricades, arrow boards, and lighting, in conformance with the latest edition of the MUTCD, ACHD Standard Traffic Control Templates, ACHD supplemental specifications, and as necessary to provide for the safety of the public and for the protection of private property, as may be required by the Deputy Director. The Permittee shall not pre-stage traffic control devices in excess of 24 hours prior to Work commencing and shall remove all traffic control devices within 24 hours of the Work being completed. Signs used for temporary traffic control shall not impede vehicular, bicycle or pedestrian traffic or block sidewalks. If signs mounted on temporary stands cannot be placed beside the traveled way, without impeding pedestrian vehicular, bicycle or pedestrian travel ways they shall be mounted on permanent posts or as approved by ACHD. During the course of the permitted work, signs shall be covered, turned or removed, when not in use. If signs are to be covered or turned the portion of the sign facing traffic must be retroreflective per ACHD specifications. Additional signage may be required for signs placed within the bicycle lane. An administrative fee may be charged to the permit holder by ACHD for each site visit that requires an ACHD Inspector to notify the contractor of unacceptable traffic control device setup or maintenance. The frequency of these charges shall not exceed two per day, but ACHD may revoke the Permit for failure to promptly

correct deficiencies.

3. “Peak hours” mean, in general, the hours from 7:00 AM to 9:00 AM and 4:00 PM to 6:00 PM, Monday through Friday, on Arterials or Collectors with more than 4000 ADT, and any Arterial or Collector road with a posted speed limit of 35 MPH or higher regardless of daily traffic volume. If time periods other than those listed above are specified on the approved Traffic Control Plan, those hours specified shall be considered the “Peak Hours”. The time frame a permit holder is allowed to impede traffic may be modified at ACHD’s discretion as a result of civic events, seasonal activities or other circumstances that substantially affect the use of Arterial or Collector roads.

6007.11.2 Highway Closures No highway shall be closed to public use by reason of any permitted Activity except by the express written authorization of the Deputy Director. All justifications for the requested Highway closures must be contained in the application for a Permit, or if such a closure was not reasonably anticipated at the time the application for a Permit was made, at least seven (7) calendar days in advance of the proposed closure. During the period of any authorized closure, the Permittee shall be responsible for providing such access as is necessary for the passage of any emergency vehicle, equipment or personnel. Prior to initiating any such closure, or commencing any work which may hinder or delay any emergency vehicle, equipment or personnel, the Permittee shall advise all applicable emergency organizations of the location and nature of such closure or Work and make any modifications to the proposed closure or Work as may be deemed necessary by the emergency organization or ACHD after review by the ACHD Traffic Engineering Department. Reasonable access shall be maintained for all residences and commercial buildings in the area. Except when closures have been authorized pursuant to the provisions of this subsection, the Permittee shall be responsible for keeping the Highway clear and maintained for public travel. Signs that are planned to remain in place over 3 days shall be mounted on permanent posts.

6007.11.3 Informational Signs Any road closure on an Arterial or Collector shall have a 4’ x 8’ informational sign in place seven (7) days in advance of the closure. Any Local or Residential road closure shall have a 3’ x 4’ informational sign in place seven (7) days in advance of the closure. The signs are to meet the requirements set forth in the current version of the ISPWC as well as ACHD supplemental specifications. Furthermore:

1. Signs must be black lettering on an orange board;

2. The information posted on the sign shall include: the name of the entity

doing the work and the type of work being done, the projected start date and a general completion date, and reference to the detour route.

3. Minimum size of lettering must be 6 inches (6”) where the speed is less

than forty-five (45) miles per hour. For areas where the posted speed is forty-five (45) miles per hour or more, the minimum size of the lettering shall be 8 inches (8”).

6007.12 Coordination of Highway Construction

6007.12.1 Coordination Notice Prior to submitting a Permit application for significant Work that is contemplated (excepting Bell Holes; Bores, Trenching length less than 400 lineal feet; minor concrete curb, sidewalk, and pavement repair; and Annual Permits), the Applicant shall request in writing from all utilities and similar entities any plans they may have for construction in, on, under, or over same Highway. Any such utility company or similar entity may, within seven (7) calendar days of such notification, make a written request to ACHD that the commencement of such proposed Work be delayed for the purpose of coordinating Highway construction with the Applicant. In the event ACHD determines that coordination of any such Work will reduce the inconvenience to or otherwise be in the best interests of the public, ACHD may order the commencement date for the Applicant’s Work to be delayed for up to ninety (90) calendar days, except in the case of an Emergency.

6007.12.2 Coordination with ACHD Street Improvement and Maintenance Program ACHD shall coordinate any Permitted Work with ACHD’s street improvement and maintenance programs and may delay the commencement date for such permitted work for up to ninety (90) calendar days in order to allow for coordination, except in the case of an Emergency.

6007.12.3 Delegation of Construction Periods In any case where it is determined by ACHD to be in the best interests of the public to coordinate any Activity in a Highway, ACHD may establish schedules for the Activity by the involved Permittee in order to provide for the orderly and efficient completion of such Activity and to protect against public inconvenience, nuisance or hazard, except in the case of an Emergency.

6007.12.4 Alignment of Facilities All Facilities placed in the Highway shall be laid in a straight line either parallel to or perpendicular to the Highway centerline, to the extent reasonably possible, in order to minimize the risk of damage to any such Facility from future work in the Highway. The location and depth standards outlined below shall be for all installations in Ada County and shall be adhered to as closely as economically possible for the placement of new Facilities and the replacement or reinstallation of existing Facilities. Facilities may be located outside of their designated corridor only upon submission of written statements of concurrence by each facility owner within the target corridor and only upon the granting of a variance by the Deputy Director in its sole and complete discretion.

1. Sanitary and storm sewers shall be located within a fifteen foot (15’)

wide zone lying ten feet (10’) to the south and west of, and five feet (5’) to the north and east from the Highway centerline. The sanitary sewer is to be on the south and west side of centerline and opposite from the water main. The minimum depth shall be four feet (4’).

2. Water mains shall be located on the north and east sides of, and a

minimum of twelve feet (12’) from the Highway centerline, or four feet (4’) off lip of gutter. The minimum depth shall be four feet (4’) in rural roads and three feet (3’) in urban roads.

3. Natural gas mains shall be located on the north and east sides of, and a

minimum of fifteen feet (15’) from the Highway centerline. Although not a requirement, the natural gas mains are recommended to be in back of the curbing and beyond the surfaced area of the Improved Highway. The minimum depth shall be four feet (4’) in rural roads and three feet (3’) in urban roads.

4. Electric power, data and communications cable shall be located on the

south and west sides of, and a minimum of ten feet (10’) from the Highway centerline. Although not a requirement, the electric power and communication cables are recommended to be in back of the curbing and beyond the surfaced area of the Improved Highway. The minimum depth shall be two and a half (2.5’) feet except that a lesser depth may be approved where supplemental protection is provided, at the discretion of the District Engineer.

5. Street lighting power activity will also comply with the location and depth

requirements stated herein, except in situations where the power supply source is more reasonably available on the north and east sides of the highway.

6. Pressure irrigation is not authorized for installation in the Highway

unless approved by the Deputy Director. When authorized for existing Roadways, transverse pressure irrigation pipelines must be Class C-900 water pipe and be installed inside a corrugated aluminized steel pipe sleeve, Type II, with a minimum gauge thickness of 16 or a Class C-900 water pipe sleeve having adequate inside diameter to allow removal and replacement of the pressure irrigation without excavation of the Highway surface. All crossings shall require a shut off valve, or valves, on both sides, outside of the Right-of-Way to provide the ability to isolate the pipeline in the Highway from pressure. Both longitudinal and transverse pressure irrigation pipelines may require a License Agreement with ACHD at the discretion of the ACHD Development Services Manager. The minimum depth shall be four feet (4’) in rural roads and three feet (3’) in urban roads.

7. Geothermal pipelines shall be located on the south and west sides of,

and a minimum of ten feet (10’) from the Highway centerline. Although not a requirement, the geothermal pipelines are recommended to be in

back of the curbing and beyond the surfaced area of the Improved Highway. The minimum depth shall be four feet (4’) in rural roads and three feet (3’) in urban roads.

8. Joint utility trenches for electric power cables, natural gas pipelines, and

communication cables shall be located on the south and west sides of the Highway centerline. The minimum depth for each Facility is as specified above.

6007.12.5 Clean Up and Restoration No refuse, rubbish, excess earth, rock, mud, unused materials or other debris shall be flushed into storm drains or placed or maintained on a Highway during the performance of any permitted Activity in such a manner as to constitute a hazard to the traveling public, pedestrians, or ACHD. Any such refuse, rubbish, excess dirt, rock, mud, unused materials or other debris shall immediately be removed upon the order of the ACHD Inspector. Failure of the Permittee to perform necessary clean up and restoration work will result in ACHD contracting or performing such necessary work and the cost may be recovered by making claim against Permittee’s surety bond. It is the responsibility of the Permit holder to provide adequate monitoring of site conditions. An administrative fee may be charged to the contractor by ACHD for each site visit that precipitates an ACHD Inspector to notify the permit holder of unacceptable debris or materials on the construction site within the right-of-way. Fees will be as per Fee Schedule. 6007.12.6 Avoidance of Nuisance

1. General All Activity shall be conducted and carried out in such manner as to avoid unnecessary inconvenience, annoyance or nuisance to the general public and occupants of neighboring property. Appropriate measures shall be taken to reduce noise, dust, mud and unsightly debris. No tool, appliance, or equipment producing noise of sufficient volume to disturb the peace or repose of occupants of neighboring property shall be used in the performance of any activity between the hours of 9:00 PM and 8:00 AM, except with the express written permission of ACHD or in the case of an Emergency.

2. Inactivity

Travel lanes are to be open and traffic devices removed from the Highway when not in use or when periods of inactivity exceed thirty (30) minutes, notwithstanding meal breaks. Vehicles delivering or loading freight are required to be removed from the travel lane immediately following the completion of such activity.

6007.12.7 Highway Cuts Any pavement, curb, sidewalk or other structure on a Highway which is removed or damaged during the course of any Activity shall be restored to its original condition or better. Any such cut or trench shall, after the backfilling

thereof, be restored to a condition suitable for the passage of vehicles, pedestrians or other public uses in such a manner that it will not pose a hazard or cause damage thereto, provided the location and existence of such surface conditions shall be posted with signs in accordance with the provisions of the MUTCD or as otherwise required by the Deputy Director. The following conditions shall further apply:

1. In the event an existing Highway is cut and trenched in the performance of such work, the trench and cut shall be back filled and provided with either a permanent or a temporary surface repair provided before the Permittee leaves the work site at the end of the work day, unless otherwise authorized by ACHD’s Inspector. The Deputy Director may waive the nightly pave back requirements, if it can be shown by the Permittee that alternative methods, such as working during the weekends, at nights, or longer working hours, will result in less impact to the public, less cost to the public and/or higher construction quality. It shall be acceptable for a minor length, ten feet (10’) or less, of trench to be left open at the end of the work day to facilitate a quick start up the next day subject to that trench being adequately signed and protected. Exception to this rule is if the work area is within the limits of a controlled traffic control zone (i.e. within a closed Highway or closed lane).

2. If a temporary patch has been placed, permanent surface repairs shall

be provided within thirty (30) calendar days following the installation of the temporary patch, unless otherwise authorized by the Deputy Director. Adequate traffic control is required as per Section 6007.11.

3. During the winter months or during periods of weather conditions which

prevent making permanent surface repairs to street cut areas, the Deputy Director will require that temporary patches or surface repairs be placed as necessary to restore the traveled way until such time as permanent repairs can be made.

4. The Permittee, or his/her paving subcontractor, shall maintain all

temporary patches until a permanent patch can be placed. It shall be the responsibility of the Permit Holder to perform this maintenance on a regular basis or as directed by the ACHD Inspector. It is the responsibility of the Permit holder to provide adequate monitoring of temporary patch conditions. An administrative fee may be charged to the permit holder by ACHD for each site visit that precipitates an ACHD Inspector to notify the contractor of unacceptable surface conditions. The frequency of these charges shall not exceed two per day and shall be as per Approved Fee Schedule. Temporary patches shall be replaced with permanent repairs within thirty (30) calendar days of hot mix asphalt plants opening for the season.

5. Approved materials for temporary patches or surface repairs shall be

made by use of hot mix (cold mix if no commercial hot mix plants in the area are operating), steel plates or other materials approved by the District that does not become unstable as a result of the common use of

the particular area, provides a surface smoothness consistent with posted vehicle speed, and does not constitute a hazard to the public. Steel plates must have a beveled edge of at least 45 degrees. Steel plates used on roadways with a speed limit greater than 35 MPH shall have asphalt placed around all four sides.

6. Notwithstanding anything contained herein to the contrary, a paving

machine must perform the paving for any permanent repairs to a Highway cut parallel to the centerline of a Highway.

7. All trenches that occur in the Highway prism shall be backfilled with

material approved by ACHD Personnel. They shall include: a. Provide in place a minimum of eight compacted inches (8”) of 0.75

inch (¾”) minus crushed aggregate on a local road or twelve compacted inches (12”) of 0.75 inch (¾”) minus crushed aggregate on an arterial or collector road. If the existing base gravel consisting of pit run and 0.75 inch (¾”) minus crushed aggregate exceeds the requirements above, the Permittee shall be required to match the existing.

b. For any asphalt surface greater than three inches (3”) in thickness, multiple lifts shall be required with tack coat materials placed between lifts; with each lift not to exceed three inches (3”) placed and compacted.

c. Imported material such as pit run gravel or lean concrete (flowable fill) may be required by the ACHD Inspector when the native trench material is unsuitable for reaching adequate compaction or stability within established time constraints. Imported material shall meet specifications in the ISPWC and shall be used at no cost to ACHD.

d. Match existing asphalt thickness to a maximum of 4 inches thick as specified below:

d. Pave as specified: • Principal Arterial Roadways shall be SP-5, 0.75 inch (¾”) mix,

four inches (4”) thick, as a minimum • Minor Arterial Roadways shall be SP-5, 0.75 inch (¾”) mix, three

inches (3”) thick, as a minimum • Collector, Local Commercial, and Local Industrial Roadways shall

be SP-3, 0.50 inch (½”) mix, three inches (3”) thick, as a minimum

• Local Residential Roadways and alleys shall be a SP-3, 0.50 inch (½”) mix, two and a half inches (2.5”) thick, as a minimum

• Alternative mix designs may be considered if submitted to and approved by ACHD prior to use.

8. All concrete pavement repairs within the Highway prism shall meet the

following requirements: • All concrete panels shall be replaced in full sections; partial

panel replacement will not be allowed. • Care shall be taken not to spall or otherwise damage panels

adjacent to the panel being replaced. If damage occurs, additional panels may be subject to replacement.

• A concrete mix design along with a plan showing the proposed dowel and tie bar layout and intended joint construction shall be submitted for review and approval by ACHD prior to commencement of the work.

• Provide a minimum of six compacted inches (6”) of 0.75 inch (¾”) minus crushed aggregate, unless otherwise specified by ACHD.

• Imported material such as lean concrete (flowable fill) may be required by the ACHD Inspector when the native trench material is unsuitable for reaching adequate compaction or stability within established time constraints. Imported material shall meet the specifications in the ISPWC and shall be used at no cost to ACHD.

• Concrete depth shall match the existing concrete thickness unless otherwise specified by ACHD.

9. All Permeable Paver repair shall be constructed to ISPWC standards

and according to the Interlocking Concrete Paver Institute (ICPI) standards. The work shall be performed by an ICPI Certified Installer.

10. If the trench is longitudinal, the actual amount of the travel lane to be

replaced shall be adequate to ensure that the asphalt seam does not fall within the wheel path for traffic. If the trench straddles the centerline of the road or travel lanes, then the match line shall fall in the center of the adjacent lanes or at the edge of the travel lane. All broken or irregular edges shall be cut parallel or perpendicular to the Highway centerline.

11. The exact amount of asphalt surface to be replaced shall include any

area that has been damaged by the Permit Holder or any of the subcontractors in the performance of their work. If the cumulative damaged area exceeds fifty percent (50%) intervals of one block or 350 feet (whichever is less) of the surface of the Highway, then the Permit Holder shall be required to replace the entire Highway surface.

12. All asphalt repairs on ACHD highways shall meet the standards

adopted by ITD for surface smoothness and rideability per Idaho T-87. Surface smoothness shall not exceed 0.25 inch (¼”) in ten feet (10’) vertical deviation when measured with a ten foot straight edge.

Measurement for compliance on arterial or collector roadways may be performed by use of a profilograph at the discretion of the Inspection Coordinator. Rideability shall not exceed an accumulation of ten inches (10”) vertical deviations in one tenth (0.1) of a mile when measured with a profilograph. The total accumulated vertical deviations allowed for repairs less than one tenth (0.1) of a mile in length shall not exceed the length in feet times 0.019 inches. Surface grinding shall have a finished tolerance of three tenths (0.3) of an inch in twenty-five feet (25’).

13. If the Highway to be cut is under ACHD’s Five Year Moratorium, written

approval is required before cutting a Highway refer to Section 6006.

14. ACHD may participate in full width pavement restorations with Municipalities subject to the negotiated provisions of a separate Agreement.

6007.12.8 Drainage Requirements Provisions shall be made prior to commencing excavation, utility vault maintenance, domestic water facility maintenance or other activity for the prompt and proper collection and removal of all surplus water, muck, silt, slurry or other runoff pumped from excavations or resulting from sluicing, utility vault maintenance, domestic water facility maintenance or other Activity.

1. Dewatering Permit

a. All surplus water discharged to the ACHD storm drain system shall be permitted under a Dewatering Permit. An ACHD approved Dewatering Plan is required for Dewatering Permit issuance.

b. Dewatering Plans shall consist of the following: 2. General Project Information

a. General written description of dewatering work to be performed including, type/source of water e.g. well point, pit, and open trench; Note: vault and cooling water are dealt with differently than construction dewatering and should be described accordingly.

b. Proposed location for disposal-off site, sewer, storm drain, adjacent waterway

c. Name of the receiving water d. Start and end date of dewatering e. Estimated volume f. Frequency and duration of dewatering (Continuous or Batch) g. Written Permission from owners/operators, e.g. sewer, irrigation,

and landowner. 3. Detailed Site Plan

a. Map of site showing location of dewatering activity(s) • Location of storm drain facilities in the vicinity of

dewatering activities • Location of proposed BMP’s

b. Equipment used for dewatering • Pump size or weir tank size, if applicable

c. Written description of proposed Best Management Practices (Site Specific)

• Pretreatment (if water contains sediment-filtration/settling)

• Erosion Control (specific to dewatering activities) d. Copy of Short Term Activity Exemption (STAE)-DEQ for work

associated with waters of the US(if applicable) 4. Gutter Maintenance

All gutters shall be maintained free and unobstructed for the full depth of the adjacent curb and for at least one foot (1’) away from the face of such curb at the gutter line. Where a gutter crosses an intersecting improved Highway, an adequate waterway shall be provided and at all times maintained. When no gutter exists, the flow line for natural drainage at the Highway edge shall be maintained during construction and at the completion thereof, restored to its original condition. Best Management practices (BMP’s) for an Approved Site Plan shall be employed at all times.

6007.12.9 Other Requirements

The Deputy Director may impose such different or additional requirements on any Activity as may be reasonable under the circumstances. In the performance of any Activity, Permittee shall comply with all applicable laws, ordinances and regulations of any governmental agency with jurisdiction thereof. 6007.12.10 Documentation of Actual Location

Within thirty (30) days of the conclusion of the permitted work, and within thirty (30) days of any modifications or relocations of the permitted improvements, Permittee shall provide ACHD with information acceptable to ACHD showing the actual location of the permitted improvements in the Public right-of-way during the term of the Permit. The acceptable method for providing such information is: AutoCAD drawing using Ada County Coordinate system, including all relevant section corners, and Resource Grade GPS equipment to properly locate the permitted improvements. The permitted improvements should be easily identifiable in a distinct layer or line type. Attribute information for the permitted improvement’s depth should be included in the annotation or within the polyline. Permittee shall clearly mark or otherwise clearly identify the improvements that it believes to be “critical infrastructure”; the disclosure of information concerning which, it is believesd, is reasonably likely to jeopardize the safety of persons, property or the public safety. Failure to timely provide the required actual location information by the method described in this Section shall result in immediate termination and revocation the Permit relating to the permitted work, and ACHD shall not grant any other permits to Permittee in the future and until such time that the Permittee has remedied the failure by providing the required information. Permittee shall be a member of DigLine, Inc.

6007.13 Relocation and Protection of Existing Facilities and Structures 6007.13.1 Location of Existing Facilities and Structures Prior to commencing any Permitted Work, the Permittee shall attempt to notify the owner of any structure or property which may be located in the Highway in which such work is to be performed, including but not limited to, utility companies and similar entities, and the Deputy Director in order to determine

the location of any conflicting Facilities, structures, properties or signalization equipment so as to avoid any damage thereto during the course of performing the work. The Permittee is required to notify the local one-call utility agency (Dig Line) and request the marking of the underground Facilities two (2) working days prior to the commencement of the Work. 6007.13.2 Protection of Existing Facilities and Structures All existing Facilities and structures, including but not limited to pipes, conduits, poles, wires or other apparatus which may in any way be affected by any Permitted Work shall be protected against damage by support or other necessary means as the owner thereof may reasonably require. In the event any unidentified Facilities or other structures are encountered, or Facilities or other structures are damaged during the course of performing the work, the Permittee shall promptly notify the owner thereof and provide the owner reasonable opportunity to inspect the same and set out the reasonable requirements or methods for the support, protection, and repair, if necessary. 6007.13.3 Relocation of Existing Facilities No existing Facility or other structure, including but not limited to pipes, conduits, poles, wires or other apparatus, whether owned by ACHD or any other entity, shall be interfered with or relocated without the express written consent of the owner thereof and the Deputy Director.

6007.13.4 Cost: Liability All costs incurred in the support, protection and relocation of any existing Facilities or other structures shall be borne by the Permittee. Permittee shall be liable for any and all damage or injury arising out of or resulting from any and all acts or omissions under or pursuant to this section unless excused from liability pursuant to statute.

6007.13.5 Relocation Costs for Existing Facilities and Structures

1. Utility relocation costs for facilities and structures in the Highway required by a project funded by another entity other than ACHD, shall be the responsibility of the entity funding the project unless otherwise agreed.

2. For sewer, utility, irrigation, drainage or other entity with either legislative or contractual authority to be in the Highway, if ACHD requires that such sewer, utility, irrigation, drainage or other entity to relocate its facilities or structures within the Highway, the relocation costs shall be the responsibility of the sewer, utility, irrigation, drainage or other entity with such authority unless otherwise agreed by ACHD.

3. For a sewer, utility, irrigation, drainage or other entity, which has facilities or structures located in a private easement adjacent to the Highway, if ACHD requires that such sewer, utility, irrigation, drainage or other entity relocate its facilities or structures, the relocation costs

shall be the responsibility of ACHD unless otherwise agreed.

6007.14 Protection of Adjoining Property 6007.14.1 Requirement to Protect from Damage All property adjoining a Highway in which Activity is to be performed shall be protected from injury and damage by such measures suitable and necessary for the purpose, including but not limited to the provisions of proper foundations. All buildings, walls, fences, or other property likely to be damaged in the course of any Activity shall be protected by shoring or other such measures suitable and necessary for the purpose. Where, in the protection of such property, it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the Permittee shall obtain the prior written permission of the owner. Any and all costs and expenses of such protective measures shall be borne by the Permittee. 6007.14.2 Repair and Restoration of Adjoining Property Any property adjoining a Highway in which Activity is to be performed which shall be damaged as a result of any Activity, shall be repaired and restored to its original condition or better unless the Permittee is also the adjacent property owner. All Activity shall be performed in a manner calculated to leave the adjoining property clean of refuse, rubbish, excess earth, rock, mud and other debris, and in a condition as nearly as possible to that which existed prior to the commencement of the Activity. No trees, shrubs or other landscaping feature or structures shall be removed, even temporarily, without obtaining the prior written consent of the owner. All costs and expenses incurred in the repair or restoration of adjoining property shall be borne by the Permittee.

6007.15 Preservation of Monuments and Property Markers

All monuments or property markers set for the purpose of locating or preserving the lines of any Highway or property adjoining a Highway, all precise survey reference points, survey benchmarks, elevation markers, or other similar monuments, points or markers, whether temporary or permanent, shall be protected from damage during the performance of any Activity. No such monument or marker may be removed, disturbed or destroyed, or caused to be removed, disturbed or destroyed without first obtaining the written permission of the Deputy Director. This prohibition does not apply to construction stakes belonging to the utility or agency doing the work. Permission to remove, disturb or destroy any such monuments or markers shall be made upon such conditions as shall be reasonably required by the Deputy Director, including but not limited to conditions pertaining to the payment of the expenses incidental to the proper replacement of the marker or monument and the method by which such markers or monuments shall be replaced. Monuments that are disturbed shall be reset by a Professional Land Surveyor as set forth in Idaho Code 55-1613 at the expense of the Permittee.

6007.16 Repair of Damage to Highway

6007.16.1 Damage Repaired by Permittee Any damage done during the performance of any Activity to any Highway, bridge, storm drain, signalization or any other device or structure owned or administered by ACHD shall be repaired by the Permittee within the permit time allocated or extension thereof granted by the Deputy Director, if any. Failure to make timely repairs shall constitute justification to levy additional fees per the Fee Schedule. In the event the existence of any such damage shall, in the opinion of the Deputy Director, constitute a public hazard in the nature of an Emergency, the Deputy Director may require the Permittee to take immediate remedial action as may be necessary in order to protect the public health and safety. 6007.16.2 Damage Repaired by ACHD In the event the Permittee fails or refuses to repair any damage done during the performance of any Activity or fails or refuses to undertake any remedial action ordered by the Deputy Director, as set forth in Section 6007.16.1, ACHD may undertake or cause to be undertaken the necessary repair or remedial work and charge the cost to the Permittee. The cost shall include administrative, inspection and testing expenses. The cost of any such repair or remedial work may be recovered by ACHD by making claim against the Permittee’s Surety Bond posted in accordance with the provisions of Section 6007.7.

6007.17 Warranty 6007.17.1 All Work Warranted for Two (2) Years Work performed by a utility company or any other entity shall be warranted to be free from defects in workmanship or materials for a period of two (2) years from the date the work is accepted.

1. Any settlement of the surface and any drainage facility constructed or installed that fails to function as designed or fails to provide the full design capacity within the warranty period shall be deemed conclusive evidence of defective work.

2. The Permittee shall be responsible for any necessary maintenance or repair of any such work during the warranty period.

3. The warranty required by this section shall be effective notwithstanding

that ACHD shall have undertaken to inspect the work during the course of its performance and accepted the work upon its completion.

4. This provision is secured under the Surety bond requirements of

Section 6007.7.

6007.18 Inspection, Testing and Stoppage for Temporary Highway Use Permit 6007.18.1 Right to Inspect and Test

All materials and each part or detail of any permitted work shall be subject to inspection and testing by the ACHD Inspector in order to determine that such Activity is performed in accordance with the approved plans and specifications for the Activity, the requirements of the Permit, ACHD’s standard specifications and drawings, and the provisions of the policy. The number, timing, and nature of all inspections and testing shall be per the QA/QC Procedure.

Failure to timely notify the ACHD Inspector of the need for appropriate inspection shall be cause for rejection and any costs incurred for replacement of rejected work shall be the responsibility of the Permittee. Costs incurred by ACHD for additional sampling and testing to verify compliance with approved plans and specifications shall be levied on the Permittee.

6007.18.2 Access to Site ACHD Personnel shall be provided safe access to all parts of the site and shall be furnished with all such information and assistance by the Permittee as is required to make such inspections and conduct such testing as may be required pursuant to Section 6007.18.1.

6007.18.3 Work Stoppage for Temporary Highway Use Permit The Deputy Director shall be entitled to order any Permitted Work or activity to be stopped in the interest of public safety or in the event any inspection or testing reveals that the Permitted Work is not being performed in accordance with: the approved plans and specifications, any requirements of the Permit, ACHD’s standard specifications and drawings, and the provisions of this policy, or in the event the Permittee fails or refuses to provide ACHD Personnel with access to the work site or such information as the Deputy Director shall reasonably require. Any such work stoppage shall remain in effect until such time as arrangements satisfactory to the Deputy Director are made to bring the Permitted Work into compliance with the requirements of this policy. Failure to stop work as directed by the Deputy Director constitutes justification for a daily fee per Fee Schedule to provide funds for compliance investigations and subsequent contract management that may be necessary to correct deficient work. This fee, in total, may be recovered by ACHD by making claim against the Permittee’s Surety Bond posted in accordance with the provisions of Section 6007.7. Compliance investigation and management fees shall be in addition to fees claimed against a surety bond to correct or complete unacceptable work. 6007.18.4 Permit Time Extensions as a Result of an Ordered Stoppage The Deputy Director will review all relevant stop work orders during consideration of an application for a permit time extension. Periods of inactivity shall also be considered. Review for consideration does not ensure a time extension will be granted.

6007.19 Subdivisions

6007.19.1 Subdivision Agreements Any person desiring to develop and construct a new subdivision which will have a Highway to be dedicated to ACHD shall, prior to commencing work thereon, be required to enter into a Subdivision Inspection Agreement and a Subdivision Improvement Agreement pursuant to Section 7103.

6007.19.2 Permit In addition to the agreement provided for in Section 6007.19.1 the contractor performing the work shall be required to obtain a Permit pursuant to the provisions of this policy. Permits issued for the new subdivision phase shall cover all new work, inspection costs for this work will be charged against the Inspection Deposit as stated in the Subdivision Inspection Agreement. For work that impacts existing ACHD facilities, a separate Temporary Highway Use Permit must be obtained, the standard fees shall be applied per the approved fee schedule. Standard duration and time restrictions shall apply.

6007.20 License Agreements

Any Person desiring to encroach upon a Highway or Public right-of-way for any purpose which is not otherwise authorized by a Permit under this section, or by statutory right to occupy ACHD’s Highways and Public rights-of-way, shall be required to enter into a License Agreement with ACHD on such terms and conditions as may be required by ACHD. Any such agreement will be obtained from the Right-of-Way Section of ACHD following the provisions of Section 4000 of ACHD Policy. A Licensee will be required to secure a Permit for the installation of the Encroachment.

6007.21 Modification or Revocation of Permit 6007.21.1 Modification of Permit Any Permit issued pursuant to the provisions of this policy may be modified by order of the Deputy Director in the event the circumstances under which the Permit was originally issued shall have changed such that it would be in the best interests of the public, ACHD, or a licensee that the Permit be so modified; provided, however, that prior to such modification, the notice and hearing provisions set forth in Section 6007.21.3 hereof shall first be complied with. 6007.21.2 Revocation of Permit Any Permit issued pursuant to the provisions of this policy may be revoked by order of the Deputy Director for the following reasons:

1. Any false information is given in connection with the application for a Permit;

2. The failure of the Permittee to maintain in force liability insurance and a surety bond, if required, in accordance with the provisions of this policy;

3. The failure of the Permittee to comply with any terms or conditions imposed by ACHD on a Permit or a Site Specific Construction Site Discharge Control Plan;

4. The failure of the Permittee to comply with any other provisions of this

policy;

5. The failure of the Permittee to comply with any lawful order or other requirement of the Deputy Director; and

6. For any other reason which in the discretion of the Deputy Director shall

constitute sufficient grounds for revocation of a Permit.

7. When egregious conduct is demonstrated by a Permittee that is holding an Annual Permit, or when continuous violations of the conditions of the Annual Permit are committed, a written warning identifying the infraction(s) shall be issued to the Permittee. Should three (3) written warnings be issued during a twelve (12) month period beginning on the date of the first warning, ACHD shall be entitled to revoke the Annual Permit.

8. Notwithstanding Provision 7 above, ACHD may revoke an Annual

Permit without the three (3) written warnings when the Deputy Director finds that violation of a condition endangers the public.

6007.21.3 Notice and Hearing The Deputy Director shall provide at least five (5) calendar days written notice to the Permittee of his/her intention to conduct a hearing on the proposed modification or revocation of a Permit issued pursuant to this policy, at which hearing ACHD Engineer shall act as the presiding officer. 6007.21.4 Emergency Order In the event of an Emergency, the Deputy Director may issue a preliminary order revoking or modifying a Permit which will be immediately effective and shall give such notice to the Permittee as is reasonable under the circumstances.

6007.22 Additional Remedies

6007.22.1 Civil Penalties If Permittee refuses to restore or repair damage done while under Permit or fails to pay additional fees assessed by ACHD after demand has been made by ACHD, or fails to repair or replace defective public improvements to the full and complete satisfaction of ACHD during the warranty period, in addition to any remedy herein set forth, ACHD may impose civil penalties upon the Permittee equal to the greater of $300 or one percent (1%) of the amount bonded under Section 6007.7.3. Civil penalties for noncompliance shall begin to accrue on

the 5th calendar day following written notice of noncompliance by ACHD and each day of noncompliance shall be subject to a separate and additional civil penalty with such civil penalties continuing to accrue on a daily basis until the Permittee achieves compliance and may be collected by initiation of civil action.

6007.22.2 Probationary Status If Permittee fails to repair or replace defective public improvements to the full and complete satisfaction of ACHD during the required warranty period, the Permittee shall be placed on probationary status as a result of noncompliance and ACHD shall not accept another application for Permit from the Permittee as provided in Section 6007.2 until the Permittee has repaired or replaced any defective public improvements to the full and complete satisfaction of ACHD and paid fees owed and any civil penalties imposed by ACHD. ACHD may also elect to perform the work required and subsequently seek reimbursement under the surety bond equal to the costs expended by ACHD and require a deposit or payment by the former Permittee for any costs expended by ACHD that are not reimbursed under the surety bond, and any fees owed, and any civil penalties imposed by ACHD, before ACHD will accept another application for Permit from the Permittee as provided in Section 6007.2.

6007.23 Appeal to Director 6007.23.1 Right to Appeal Any Person who is aggrieved by a decision of the Deputy Director to issue, fail to issue, impose conditions upon, modify or revoke a Permit may take an appeal to the Director by filing written notice with the Director within twenty (20) calendar days of the date of the decision from which appeal is taken.

6007.23.2 Notice of Hearing The Director’s consideration and decision shall be based upon the information provided in the record and any written argument submitted by ACHD staff or Permittee/Person. Oral presentation will not be allowed unless expressly granted.

6007.24 Appeal to Commission Any person who is aggrieved by a decision of the Director, pursuant to the provisions of Section 6007.23, may take an appeal thereof to the Commission by filing written notice thereof with the Commission within twenty (20) calendar days of the date of the decision from which appeal is taken. Notice shall be given, a hearing shall be held, and a decision rendered on the appeal.

6007.25 Enforcement

Whenever it appears that any Person has engaged or is about to engage in any act or practice violating any provision of this policy or any permit or order issued hereunder, the Commission may cause ACHD to institute a civil action in ACHD

Court of Ada County to enforce compliance with this policy or any such permit or order, seeking a permanent or temporary injunction, restraining order, or such other relief as the Commission considers appropriate. In the event any such violation arises out of the refusal or failure or neglect to obtain a required permit or to enter into a license, easement or other agreement required by this policy, then, in addition to the foregoing relief, ACHD shall be entitled to assess an administrative fee in the amount set forth in Section 6007.4.3. In addition to the foregoing, ACHD shall be entitled to take any other action and seek any other remedy as may be permitted by law or in equity.

6008 PERMIT FOR PLACEMENT OF FIBER OPTIC FACILITIES

6008.1 Statement of Policy

Notwithstanding any other provision of the ACHD Code or any Resolution of the Commission, it shall be the policy of the ACHD to grant non-exclusive permits, on a competitively neutral and non-discriminatory basis, allowing the installation of underground fiber optic cable lines and related facilities in, upon or under any Highway or Public right-of-way under the jurisdiction and control of ACHD as provided by Idaho law and subject to this Section of the ACHD Code.

6008.2 Permit Required

Any Person who desires to place, install, operate or maintain any fiber optic cables and all related property including, but not limited to, conduit, innerduct, carrier pipe, cable fibers, repeaters, power sources and other attachments and appurtenances necessary for fiber optic communication or data transmission (hereinafter referred to as “Fiber Optic Facilities”) in, upon or under any Highway or Public right-of-way under the jurisdiction and control of ACHD shall first apply for and obtain a Fiber Optic Facilities Permit in the manner as set forth unless herein provided to the contrary.

6008.3 Applicability and Authority

Pursuant to Section 40-1310, Idaho Code, and ACHD’s exclusive supervisory jurisdiction over all highways and public rights-of-way within its highway system with full power to establish use standards, the requirements of this Section shall apply to any fiber optic equipment, facilities or system for fiber optic communication services, any interstate services or other communication, conduction, or transmission facilities excluded from the definitions of telephone corporation or telecommunications services as defined in Section 61-121, Idaho Code, and in accordance with Section 62-701A(2), Idaho Code, and pursuant to the Telecommunications Act of 1996, (47 U.S.C. § 253(c)) the requirements of this Section shall apply to any fiber optic equipment, facilities or system for fiber optic communication services of a telecommunications provider that is subject to the Federal Communications Act of 1934, (47 U.S.C. § 151, et seq.,). Pursuant to Section 40-1310, Idaho Code, and

Section 50-3006, Idaho Code, the requirements of this Section shall also apply to any fiber optic equipment, facilities or system for fiber optic transmission of video services by a holder of a certificate of franchise authority for video services pursuant to Title 30, Chapter 30, Idaho Code. The requirement of this Section shall not apply to or restrict those fiber optic facilities owned by ACHD that ACHD may elect to share with another entity under a separate shared use license agreement.

6008.4 Use of Highway or Public Right-of-Way

6008.4.1 Sole and Limited Purpose/Non-Exclusive Use Permittee is allowed to encroach upon a portion of the Highway or Public right-of-way in Ada County, for the sole and limited purpose of the installation, construction, operation, repair and maintenance of the Fiber Optic Facilities identified, described and depicted in its Permit. The Permit shall not be an exclusive right to use the Highway or Public right-of-way; shall not preclude access to adjacent and abutting properties; and shall be subject to any existing easements of record or in use.

6008.4.2 Acknowledgement and Waiver of Claim to Ownership of Highway or Public right-of-way Permittees shall acknowledge that the Fiber Optic Facilities are installed, constructed, operated, repaired and maintained in a Highway or Public right-of-way and the Permittee shall waive any claim to ownership of the right-of-way whether in fee, adverse possession or any other right, title or interest therein, other than established pursuant to the terms of the Permit. The Permit shall not extend to the Permittee the right to use the right-of-way to the exclusion of ACHD for any use within its jurisdiction, authority and discretion or of others to the extent authorized by law to use Public right-of-way. If the Public right-of-way has been opened as a Highway (as used in this Section the term “Highway” is as defined in Section 40-109(5) Idaho Code) the Permittee’s authorized use shall be subject to the rights of the public to use the Public right-of-way for Highway purposes. The Permittee’s authorized use shall also subject to the rights of holders of easements of record or obvious on inspection of the right-of-way and statutory rights of utilities to use the Public right-of-way. The issuance of a Permit to a Permitee it is not intended to, and shall not, preclude or impede the ability of ACHD to issue other similar Permits in the future allowing third parties to also use its public rights-of-way, or the ability of ACHD to redesign, reconstruct, relocate, maintain and improve its public rights-of-way and highways as authorized by law and as it determines, in its sole discretion, is appropriate.

6008.4.3 Acknowledgement of Permissive Use Permittees shall expressly acknowledge and agree that the Permit is temporary and merely a permissive use of ACHD right-of-way pursuant to the terms of the Permit subject to termination. Permittees shall assume the risk that the permit granted herein may be terminated before the Permittee has realized the economic benefit of the cost of installing, constructing, operating, repairing, or

maintaining the Fiber Optic Facilities, and by signing and accepting the Permit, the Permittee shall waive and estop itself from asserting any claim, including damages or reimbursement, that the Permit is in any way irrevocable because the Permittee has expended funds on the Fiber Optic Facilities and the Permit has not been in effect for a period sufficient for Permittee to realize the economic benefit from such expenditures.

6008.5 Application for Fiber Optic Facilities Permit

6008.5.1 Application and Fee A person desiring a Fiber Optic Facilities Permit shall file an application with the Deputy Director, in the form prescribed by the Deputy Director, together with the non-refundable application processing fee established by the Commission to recover all costs incurred by ACHD to review and process the application. At the discretion of the Deputy Director, an application for a Fiber Optic Facilities Permit may be processed simultaneously with the same applicant’s application for a Temporary Highway Use Permit as required in Section 6007; provided that a Temporary Highway Use Permit shall not be issued until a Fiber Optic Facilities Permit has been issued pursuant to this Section. If the person applying for a Fiber Optic Facilities Permit is a municipality or local public agency that has executed a reciprocal “Fee Reduction” agreement with ACHD, then there shall be no fee for the Fiber Optic Facilities Permit.

6008.5.2 Single Project Permit Persons planning to undertake a separate or distinct Fiber Optic Project may apply for a Single Project Fiber Optic Permit.

6008.5.3 Master Permit Persons with existing Fiber Optics Facilities located within Highways or Public right-of-way and intending to undertake multiple Fiber Optics Projects in the future may apply for a Master Fiber Optic Permit which shall identify, describe and depict the Permittee’s existing Fiber Optics Facilities and which shall be updated from time to time to reflect each of Permittee’s Fiber Optics Projects that are permitted by ACHD under its required permitting processes in Section 6007 beginning on and after the date of the Master Fiber Optic Permit.

6008.6 Location of Fiber Optic Facilities

6008.6.1 Designated Corridor and Depth of Cover The approved Fiber Optic Facilities shall be located within their designated corridor in the approximate planned location depicted on exhibits to the Permit and in compliance with applicable ACHD policies, standards and specifications. For any Fiber Optic Project occurring after the date of this Ordinance, Fiber Optic Facilities where placed underground, shall have a depth of cover of between thirty inches (30”) and thirty-six inches (36”) unless otherwise directed and/or approved by ACHD.

6008.6.2 Variance

Fiber Optic Facilities may be located outside of their designated corridor only upon submission of written statements of concurrence by each utility within the target corridor and only upon the granting of a variance by ACHD, in its sole and complete discretion.

6008.6.3 Information Showing Actual Location

Within thirty (30) days of the conclusion of a Fiber Optic Project occurring after the issuance date of a Permit, and within thirty (30) days of any modifications or relocations of the permitted Fiber Optic Facilities, Permittee shall provide ACHD with information acceptable to the ACHD showing the actual, new location of the approved Fiber Optic Facilities in the Public right-of-way during the term of the Permit. The acceptable method for providing such information is: AutoCAD drawing using Ada County Coordinate system, including all relevant section corners, and Resource Grade GPS equipment to properly locate the conduit. The conduit should be easily identifiable in a distinct layer or line type. Attribute information for conduit depth should be included in the annotation or within the polyline. The Permittee shall clearly mark or otherwise identify the Fiber Optic Facilities that it believes to be “critical infrastructure”; the disclosure of information concerning which, it believes, is reasonably likely to jeopardize the safety of persons, property or the public safety. Failure to timely provide the required actual location information by the method described herein shall result in immediate termination and revocation of the Permit and the ACHD shall not grant any other permits to Permittee in the future and until such time that the Permittee has remedied the failure by providing the required information. Permittee shall be a member of Digline, Inc. or its successor organization.

6008.7 Design of Fiber Optic Facilities

6008.7.1 Permittee Responsible for Plans/Design

The Permittee shall be responsible for preparing and obtaining the plans/designs for any Fiber Optic Facilities projects as requested by the Permittee and as permitted by ACHD permitting processes.

6008.7.2 Additional Requirements

All designs/plans prepared and obtained by the Permittee will comply with (i) established engineering standards, including the Idaho Standards for Public Works Construction (“ISPWC”) including ACHD’s supplements to the ISPWC; (ii) the American Association of State Highway and Transportation Officials (“AASHTO”); (iii) all adopted ACHD rules, regulations, and policies; and (iv) all state and federal laws. ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Fiber Optic Facilities.

6008.7.3 Design Costs

Permittee shall be solely responsible for all design costs for the Fiber Optic Facilities.

6008.8 Construction of Fiber Optic Facilities

6008.8.1 Construction and Inspection Costs

Permittees shall be solely responsible for their own construction and inspection costs for the installation of the Fiber Optic Facilities described and referred to in the Permit.

6008.8.2 Coordination with and Relocation of Utilities

Permittees shall be solely responsible for the coordination with and the relocation of any utilities required in connection with the placement, incorporation, or construction of the Fiber Optic Facilities.

6008.8.3 Additional conditions of Construction (1) The Permittee will not allow any liens to attach to any right-of-way, improvements, or other property of ACHD as a result of any labor performed or materials supplied in connection with the construction of the Fiber Optic Facilities. (2) The Permittee shall be responsible for obtaining all permits required by ACHD in connection with any construction of the Fiber Optic Facilities. (3) All Construction of the Fiber Optic Facilities shall be in accordance with the designs or plans approved by ACHD. (4) All construction by the Permittee shall comply with (i) established engineering standards, including the Idaho Standards for Public Works Construction (“ISPWC”) including ACHD’s supplements to the ISPWC; (ii) the American Association of State Highway and Transportation Officials (“AASHTO”); (iii) all adopted ACHD rules, regulations, and policies; and (iv) all state and federal laws.

6008.9 Maintenance of Fiber Optic Facilities

6008.9.1 Maintenance by Permittee

At its sole cost and expense, Permittee shall maintain the Fiber Optic Facilities in good condition and repair and as required to satisfy applicable laws, and all rules, policies and regulations adopted by ACHD and sound engineering practices. Permittee shall have access over, across and under the Highway or Public right-of-way for the purposes of accomplishing such repair and maintenance.

6008.9.2 Damage to Highway or Public Right-of-Way

If the Highway on and/or adjacent to the Public right-of-way is damaged as a result of:

(1) the performance by Permittee of the maintenance required by this Section, or the failure or neglect to perform such maintenance; and/or

(2) the Permittee’s design, installation or use of the Fiber Optic Facilities, regardless of cause;

at its sole cost and expense Permittee shall forthwith correct such deficiency and restore the Highway and the surface of the Public right-of-way to the same condition it was in prior thereto, and if Permittee shall fail or neglect to commence such correction and restoration within thirty days (30) of notification thereof, ACHD may proceed to do so, in which event Permittee shall reimburse ACHD for the actual costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD.

6008.9.3 Emergency Repairs with Prior Notice

Notwithstanding the provisions of the preceding Subsection 6008.9.2, should an emergency exist related to the Permittee’s use of the Permit which threatens the stability or function of the Highway on or adjacent to the Right-of-Way or the safety of the public use thereof, ACHD shall provide notice to Permittee of such emergency as soon as reasonably practicable and have the right to immediately perform, on behalf of, and at the cost of Permittee necessary emergency repairs.

6008.9.4 ACHD Remedies for Permittee’s Failure

In the event the Permittee fails to replace, repair, maintain, and care for the Fiber Optic Facilities in a manner that causes harm to the Highway or Public right-of-way, ACHD shall, in addition to the foregoing and in addition to any other recovery in law or in equity, have the following remedies, provided that ACHD first gives the Permittee thirty (30) days written notice and the Permittee fails to remedy such failure: (i) ACHD may revoke the Permit; (ii) ACHD may replace, maintain, remove, and/or care for the Fiber Optic Facilities, and the Permittee shall reimburse ACHD fully for all associated costs; and (iii) ACHD may refuse to issue any further Fiber Optic Facilities Permits or any other permits to Permittee until the Permittee complies with the conditions of the Permit.

6008.9.5 Emergency Repairs without Prior Notice

In the event of an emergency that is reasonably likely to jeopardize the safety of persons, property or the public safety, caused by the Permittee’s failure to perform required maintenance, ACHD may immediately perform any and all emergency repairs or take other measures in connection with an emergency, and the Permittee shall reimburse ACHD in full for all associated costs.

6008.10 Term of Permit

6008.10.1 Perpetual Term

Fiber Optic Facilities Permits issued under this Section shall be perpetual in term until terminated or revoked pursuant to the provisions of this Section.

6008.10.2 Remove or Abandonment Upon Termination or Revocation of Permit

Upon the termination or revocation of a Fiber Optic Facilities Permit, the Permittee will be allowed at its option to remove its Fiber Optic Facilities or abandon its Fiber Optic Facilities in place. However, in the event a Permittee does not remove the Fiber Optic Facilities in the Highway or Public right-of-way at the termination or revocation of a Permit, the Permittee thereby abandons and disclaims any interest or title to the Fiber Optic Facilities left in the Highway or Public right-of-way and all such Fiber Optic Facilities will pass to the ACHD at no cost to the ACHD.

6008.10.3 Termination/Revocation of Permit

The Permit shall be revocable and/or terminable by ACHD by providing written notice to the Permittee upon the occurrence of any of the following: (i) a determination by the ACHD that any of the information submitted by the Permittee is false or inaccurate in any manner; (ii) a determination by the ACHD that the Permittee has failed to comply with any term or provision of the Permit; (iii) a determination by the ACHD that the Permittee has failed to replace, maintain, and/or care for the Fiber Optic Facilities, as required by the terms of the Permit. Except in an emergency situation which the ACHD believes threatens the stability or function of the Highway or the adjacent Public right-of-way or the safety of the public’s use thereof, the ACHD shall provide the Permittee with thirty (30) days notice of the issue and an opportunity to comply prior to terminating or revoking the Permit.

6008.11 Duty to Relocate At all times ACHD has the right to relocate, reconstruct, remove, or redesign any Highway or Public right-of-way, and all ACHD improvements within any Highway or Public right-of-way, that the permitted Fiber Optic Facilities may be located within or upon. To the extent that a Permittee is a “utility” and the Fiber Optic Facilities are “utility facilities” as such terms are defined in Section 40-210(4), Idaho Code, ACHD shall comply with the requirements of Section 40-210(2) in terms of advance notice of projects that may require relocation of permitted Fiber Optic Facilities and opportunity for plan review and discussion of recommendations and coordination. For all other Permittees, ACHD will use its best efforts to provide at least ninety (90) days advance written notice to Permittee of any anticipated actions within the Highway or Public right-of-way that would be likely to cause a relocation, modification, or other adaptation of any of the Fiber Optic Facilities, and to the extent reasonably possible, the ACHD and the Permittee shall agree to a priority schedule regarding the same and shall attempt to cooperate with respect to planning and coordination as related to any such relocation, modification, or other adaptation of any of the Fiber Optic Facilities. In any case however, if ACHD ultimately determines that any part of the Highway or Public right-of-way must be relocated, reconstructed,

removed, or redesigned, then Permittee, at its sole cost and expense, shall be responsible for relocating, reconstructing, removing, or redesigning the Fiber Optic Facilities, as ordered by ACHD, which shall be accomplished by Permittee according to designs, plans, and specifications approved by ACHD in writing prior to any such work. A Permittee may also elect to remove all or a part of the Fiber Optic Facilities in lieu of any relocation, modification, or adaptation. Permittees shall assume any and all costs of itself and ACHD relating to any future relocation of the Fiber Optic Facilities. Permittee shall be responsible to ACHD for any delay costs suffered by ACHD that result from a Permittee’s failure to timely relocate, reconstruct, remove, or redesign the Fiber Optic Facilities, as ordered by ACHD.

6008.12 Indemnification The Permittee shall agree to protect, defend, indemnify, and hold the ACHD and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of any acts or omissions of the Permittee, its agents, or contractors related to or in connection with the Fiber Optic Facilities and the exercise of any privileges or performance of any obligations by the Permittee pursuant to the terms of the Permit. The Permittee’s obligations in this Section shall survive the expiration, revocation, and/or termination of the Permit for any reason.

6008.13 Severability/Conflict with Other Laws and/or ACHD Policies or Ordinances

The provisions of this Ordinance are hereby declared to be severable, and if any provision of this Ordinance or the application of the same to any Person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of the Ordinance. In the event of any conflict between this Ordinance and any state or federal law, the applicable state or federal law shall control. In the event of any conflict between this Ordinance and any other ACHD policy or ordinance, this Ordinance shall control.

7101.3.1 Application Review Schedule The deadline for development applications that ACHD will consider for the weekly review is at Noon on Thursdays. Applications received by Thursday will typically be reviewed within 20 calendar days from that cut-off date for staff level actions; and 30 calendar days from that cut-off date for Commission level actions. Exceptions to those timelines include, but are not limited to:

• Applications requiring a Traffic Impact Study will not be accepted or reviewed until the TIS has been reviewed and approved by ACHD.

• Applications requiring a modification or waiver of policy will not be scheduled for Commission action until the applicant has provided the documentation supporting the modification or waiver; alternative proposals; or other information deemed necessary by staff.

• The application may be deferred to a date beyond the standard review times to provide the public the opportunity to testify at a Commission meeting. Applications with neighborhood input are typically scheduled for evening meetings if requested by the neighborhood.

• Revised site plans/plats submitted after staff has initiated the review will be considered as new applications; and the time for review will start over.

• Applications will be deferred if updated traffic counts are necessary for review of the application.

• If an application is deemed by ACHD staff to have an inordinate impact on the existing transportation system, the staff may defer consideration of the application in order to obtain and review additional information or to provide sufficient time to conduct an adequate review (also see Section 7102).

Reports for applications requiring Commission approval will be provided to the Commission one week before the Commission meeting when the application will be considered; and will be available for the public on the same date. ACHD reserves the right to delay Commission action, on those requests that differ from established policy.

The deadline for development applications the Commission will consider is the close of the normal District workday on the Friday three weeks before the regularly scheduled Commission meeting when the application will be consid-ered. The deadline for Final Plats shall be on Thursday two weeks before the Commission meeting, if there is no change from the preliminary plat and all conditions of the preliminary plat approval have been met. The Technical Review Committee shall meet each Friday to analyze applications. The Committee will review the preliminary staff report. Staff will contact the developer, or the developer’s authorized representative, and the lead agency by telephone, facsimile, or electronic mail to inform them of the meeting’s date, time, and place. The developer, or his authorized representative, is encouraged to attend the meeting. (When a holiday falls on Friday, the Technical Review meeting will be rescheduled or canceled.

Based upon the findings of the Technical Review Committee, a final staff report will be prepared and given to the Commission and will be available for the public on the Wednesday one week before the Commission meeting when the development will be considered. Normally, the meeting at which the application will be considered will occur the second Wednesday following the Technical Review Meeting. If an application is received that is deemed by District staff to have an inordinate impact on the existing transportation system, the staff may defer consideration of the application in order to obtain and review additional information or to provide sufficient time to conduct an adequate review (also see Section 7102). The District reserves the right to delay Commission action, on those requests that differ from established policy.

7101.6 Approval Authority Levels

7101.6.1 Staff Level Approval Authority The Development Services Manager or the Manager’s designee shall have the authority to give the staff level approval authorized by this Section and Section 2034.721.7.

7101.6.2 Full Compliance A proposed development that fully complies with District Policy is eligible for staff level approval.

7101.6.3 Substantial Compliance A development application is eligible for staff level approval if the application complies with the following criteria:

a. It is of the following types:

1. Annexation Requests

2. Conditional Use Applications

3. Design Review Applications

4. Private roads

5. Staff level approval applications from other agencies

6. Commercial subdivision preliminary plats that contain five or fewer lots

7. Residential subdivision preliminary plats that contain twenty or fewer lots

8. Traffic and Development Plans (Master Site Plans)

9. Zone Changes; and

b. The proposed development:

1. Will not generate more than 200 vehicular trips per day to a local residential street, or 1500 trips per day to a commercial/industrial, collector or arterial street, and

2. Does not involve the acquisition by ACHD of right-of-

way at a value of more than $10050,000, or the construction by ACHD of street improvements at a cost of more than $150,000.

7101.6.4 Modifications to Previously Approved Development Applications Requested modifications to development applications previously approved at the staff level are subject to staff level approval if the requested modification will not result in an increase in vehicular traffic or the acquisition by ACHD of additional right-of-way beyond the limits set forth in Section 7101.6.3 (b).

7101.6.5 Management Level Authority to Approve Modifications of Dimensional Standards

ACHD management level personnel having authority to approve modifications of dimensional standards as such is granted herein and in Section 2034.7 upon first making findings of fact, and conclusions based thereon, that:

a. A parcel of real property proposed for development is so

unusual in size, shape, location and/or physical condition that strict enforcement of one or more of the dimensional standards contained in sections 7100 and 7200 of this Policy Manual would result in extraordinary economic and design hardships and practical difficulties, as distinguished from a mere inconvenience, for purposes of determining compliance with District Policy and staff level approval authority under section 7101.6.3; and

b. Modification of such dimensional standards will not jeopardize pedestrian and motorist safety or otherwise be injurious to other adjacent property or detrimental to public safety, health or welfare; and

c. Conditions upon the request for modification are unique to the property for which the modification is sought and are not applicable generally to other property; and

d. The modification will not contravene the overall intent or effect of sections 7100 and 7200 of this Policy Manual;

may modify such standard(s) as follows:

a. Director – by no more than forseventy-five percent (475%). b. Deputy Director-Engineering – by no more than thirty-

fivesixty percent (3560%). c. Development Services Manager – by no more than twenty-

fiveforty percent (2540%) on arterial roadways; and all dimensional standards on collector and local roadways.

Provided, modifications cannot be made to a dimensional standard which is required by statute, and can only modify a standard based on public health and safety considerations when the requested modification is found by the authorized management level personnel to satisfy the same public health and safety concerns which gave rise to the development policy standard sought to be modified.

A request for a modification of dimensional standard(s) under this section must be initiated by the developer, by submitting a written request to the Development Services Manager as a part of the original development application. The request shall identify the specific dimensional standard(s) sought to be modified, and include an explanation of how the intent and effect of the development policy will still be met if the request is granted, and contain an accurate description of the physical conditions that preclude compliance with the dimensional standard(s), and also provide information addressing and supporting the findings of fact and conclusions listed in above this section 7101.6.5. The authorized management level personnel will act upon the

request as applicable, within ten (10) working days after receipt, unless otherwise agreed in writing by the developer.

7101.6.6 Review Process Staff Level Approval and Management Level Approval under this section 7101.6 will follow the same process and time schedules as all applications, except that the authorized management personnel will have the authority to approve the applications on behalf of the Commission pursuant to their authority level. The staff will prepare letters of approval and/or modification of dimensional standards for signature by the authorized management personnel following the Technical Review Committee meeting and a decision by the authorized management personnel.

Notwithstanding the provisions for Staff Level Approval and Management Level Approval, any Commissioner, the Director, Deputy Director-Engineering, or the Development Services Manager may bring any application forward for Commission review that contains unusual circumstances.

7101.6.7 Appeal of Staff Level and Management Level Decisions to

Commission The Commission shall hear and decide appeals by an applicant of the final decision made by the authorized management personnel when it is alleged that the authorized management personnel (as applicable) did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual.

1. Filing Fee

The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs.

2. Initiation An appeal is initiated by the filing of a written notice of appeal with the Secretary and Clerk of the District, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. A notice of appeal that does not comply with the provisions of this subsection shall not be considered by the Commission.

3. Time to Reply

The authorized management personnel (as applicable) shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal,

and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply, and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal.

4. Notice of Hearing

Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the authorized management personnel’s reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing.

5. Action by Commission

Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing.

7102.2 Final Plats

Final plats may be submitted at any time for consideration by Director and the President of the Commission. The content and drafting of the final plat shall be consistent with the requirements of Ada County, the respective municipal jurisdictions and Idaho law.

The final plat will be scheduled for Commission consideration by the Director and the President of the Commission or the Commission consistent with the schedule outlined in Section 7101.3.1.

If the final plat conforms to all requirements established by the District at the time of approval of the preliminary plat, and all conditions of approval of the preliminary plat have been met, the Director and the President of the Commission upon joint concurrence may approve,, or conditionally approve said plat and the President of the Commission shall execute said plat. If there is a change from the preliminary plat or at least one of the conditions of approval of the preliminary plat has not been met, the decision to accept and approve the final plat shall be brought before plat. Tthe Commission and the Commission may refuse to approve the final plat for reasons including, but not limited to, the following:

1. Federal, State or local laws affecting the approved preliminary plat have changed.

2. Final engineering requirements differ from those used in the preliminary plat.

3. Changes made by the developer between preliminary plat and final plat require modification in order to maintain integrity with current laws and policies. Changes that might invoke this provision include, but are not limited to, phasing, lot density, street layout and drainage.

4. The required approval of any other agency or jurisdiction is contingent upon changing the plat.

5. More than twelve months have passed since the District approved the preliminary plat.

7103.2 Financial Guarantee of Improvement Subdivision Improvement Agreements for Streets and Drainage Facilities

1. General

The District requires a developer to provide , subject to the approval of the District in its sole discretion and the conditions set forth in this Section 7103.2, a cash bonding, a surety bond, a certificate of deposit, and/or an irrevocable letter of credit as a financial guarantee, if improvements are not constructed at the time of final plat approval. The financial guaranteesurety must be issued by a financial institution or surety that has a local branch in Ada County, and the District must be able to draw at that branch. The District shall be the sole beneficiary of the financial guaranteesurety. The financial guaranteesurety shall insures that the Developer will properly install the improvements required by the District within a specified time stated in the Subdivision Inspectionmprovement Agreement. The financial guarantee amount will be 110% of the construction costs estimated by the District to complete the required improvements. If the required improvements have not been completed 15 working days prior to the expiration of the term of the letter of credit financial guarantee, the District will make demand on the financial guaranteeletter of credit and initiate proceedings to complete the required improvements.

The financial guarantee shall will not be released by the District until the required improvements have been fully completed and accepted by the District and all fees have been paid in full. The DistrictA reduction of the financial guarantee may, but is not obligated to, be granted by the District a reduction of the financial guarantee if a substantial portion of the required improvement has been constructed and accepted by the District.

The Development Services Manager may, but is not obligated to, grant an extension of the Subdivision Improvement improvement Aagreement for the development for up to one year, providing the improvements have not been identified as an urgent need. An acceptable valid financial guaranteeletter of credit and/or cash bond must be in force at the time the extension request is made., and the letter of credit or cash bond extended for the period of extension.

If a second extension is requested, the DirectorCommission may, but is not obligated to, grant the

extension. must review and act upon the request. A written request for any extension shall not prevent the District from enforcing the Subdivision Improvement improvement aAgreement and original financial guarantee.bond or letter of credit.

If a Subdivision an Improvement improvement aAgreement extension is granted, the District has the right to adjust the financial guarantee cash bond or letter of credit requirements to reflect an updated cost estimate. An extension request shall state the desired duration of the extension and the reason for the extension.

The liability upon the financial guarantee given for the faithful performance of the Subdivision Improvement Agreement shall be:

a. The performance of the work covered by the Subdivision Improvement Agreement and any changes or alterations in such work provided that all such changes or alterations do not exceed 10 percent of the estimated cost of the improvement at the time construction of the improvement commences. Any changes in the performance obligations must be approved in writing by the Development Services Manager.

b. Reasonable costs, expenses and fees, including attorneys' fees and statutory interest, incurred to enforce the financial guarantee.

2. Surety Bond

The minimum financial guarantee amount of the surety bond is $250,000.

The Surety Bond to secure the performance of all the terms and conditions of the Subdivision Improvement Agreement shall be in substantially the following form:

Whereas, the Board of Commissioners of the Ada County Highway District (the “District”), and ____________ (the “Principal”) have entered into a Subdivision Inspection Agreement, dated _________, 20___, which is incorporated herein by reference (the “Agreement”), whereby Principal agrees to install and fully complete all the designated public street improvements; and

Whereas, the Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement.

Now, therefore, we, the Principal and ___________, as surety (the “Surety”), are held and firmly bound unto the District in the penal sum of ________ dollars ($________) lawful money of the United States for the full payment of such sum well and truly to be made, and we bind ourselves, our heirs, executors, administrators, successors or assigns, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded Principal, or his or its heirs, executors, administrators, successors or assigns, in all things stands to, and abides by and well and truly keeps and performs in strict compliance with all covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and indemnifies and saves harmless the District, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included reasonable costs, expenses and fees, including attorneys’ fees and statutory interest, incurred by the District in enforcing such obligation.

The Surety hereby stipulates, agrees and warrants that no change, extension of time, alteration or addition to the terms of the Agreement, the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.

The Surety hereby further stipulates and agrees that the extent to which the Principal has not installed any or all of the designated public improvements in conformance with the Agreement, the plans and specifications approved by the District or any other improvements described by the final plat, it shall in no way affect Surety’s obligations on this bond, and the Surety does hereby waive any right to claim its obligations are reduced or otherwise affected by the installation of, or failure to install, any such public and private improvements.

In witness whereof, this instrument has been duly executed by the Principal and Surety on ________, 20_.

At a minimum, the surety company issuing the surety bond must meet the following requirements:

a. Be duly authorized to conduct the business of insurance in Idaho;

b. Have an A.M. Best minimum rating of A;

c. Have an A.M. Best financial size category of no lower than Category VIII ($100 - $250 Million policyholder surplus); and

d. Be on the U.S. Department of the Treasury’s list of acceptable surety companies on federal bonds under 31 U.S.C. 9304-9308.

7103.3 Subdivision Inspection Agreement

The District requires an agreement between the District and the developer to provide District quality assurance, inspection services, and testing of the proposed public facilities during the construction of the project. This agreement should include, but not be limited to, the assurance that the improvements will be installed to minimum District Standards and in conformance with the approved construction plans, warranty ying the work, labor and materials for two one-years after the streets are accepted for maintenance, and the assuranceto insure that the streets will be kept free of mud tracking and the contamination of the storm drainage system by siltation until eighty percent (80%) or more of the lots in the subdivision have received a certificate of occupancy.

An initial inspection fee assessment shall be estimated based on the scope of work. The developer shall pay the estimated fee assessment to the District before starting work. The final fees assessed shall be based on the actual inspection costs incurred. The developer may request that an accounting of the final fee be provided.

7106.4 Standards

7106.4.1 Level of Service Standards The TIS shall evaluate the potential impact of a specific development on the existing system. Acceptable level of service standards for each roadway segment and/or intersection evaluated shall be in accordance with Table 2 and Table 3. For all roadway segments the minimum acceptable projected level of service shall be LOS E for Principal Arterials and Minor Arterials and LOS D for Minor Arterials and Collectors. The acceptable level of service for all intersections should be based on a maximum Volume to Capacity (V/C) ratio of .90. The projected traffic shall include the background traffic and the projected site traffic.

[Table 2 on following page]

Table 2: Level of Service Standards for Roadway Segments (Maximum Peak Hour Volumes)

Functional Classification Lanes

Principal Arterials

LOS D LOS E

No Left-Turn Lanes 1 600 690 Continuous Center Left-Turn Lane

1 770 880 2 1680 1780 3 2560 2720

Median-Control, Channelized Left-Turn Lanes @ Major Intersections

1 850 920 2 1860 1960 3 2800 3000

Minor Arterials No Left-Turn Lane

1 540 575 Unrestricted Median, Continuous Left-Turn Lane

1 675 720 2 1395 1540 3 2155 2370

Median-Control, Channelized Left-Turn Lanes @ Major Intersections

1 710 770 2 1465 1670 3 2270 2530

Collectors No Left-Turn Lanes

1 425 525 Unrestricted Median, Continuous Left-Turn Lane

1 530 660 2 1080 1250

Intersection measures and thresholds based on the volume-to-capacity ratio are applied based on the Highway Capacity Manual (20010) and Florida Department of Transportation LOS Handbook. Table 3 identifies the recommended policy method for intersection capacity analysis.

[Table 3 on following page]

Sat. Cycle Min. Lost Flow Length Left Time

Policy Threshold (vphpl) (sec) (sec) (sec) PHF

Table 3: Intersection and Capacity Analysis Method

Defined Parameters

Capacity: LOS “D” = V/C .90 LOS “E” = 1.00

Method: Intersection V/C .90: AND Lane Group V/C 1.00

1,800 150 20 3 .90

Defined Parameters are: saturation flow-rate, signal cycle length, minimum left- turn phasing, lost time per phase, and peak hour factor.

8300 CONSTRUCTION SITE DISCHARGE CONTROL PROGRAM 8301 PURPOSE

This section is created in compliance with the requirements of the Construction Site Discharge Control Runoff Program of the Storm Water Management Program contained in the NPDES Permit(s). ACHD is authorized under the NPDES Permit(s) to discharge storm water into the waters of the United States from municipal separate storm sewer systems that ACHD owns or operates as a co-permittee.

A purpose of the Storm Water Management Program is to reduce to the Maximum Extent Practicable (MEP) the discharge of pollutants from construction sites under the jurisdiction and control of ACHD through the District’s authority to issue Temporary Highway Use Permits, its construction contracts, and activities performed by the Maintenance Department of the District. This section is confined to ACHD’s authority through its Temporary Highway Use Permit program.

8302 DEFINITIONS

Words and phrases as used in this section when capitalized are defined as follows:

“Adjoining Property” means property where erosion, sedimentation, or construction material impacts are accruingoccurring and the cause of impact is directly related to a Construction Activity or Land Disturbing Activity adjoining or upstream from such property. “Annual Construction Site DischargeSmall Project Erosion and SedimentDischarge Control Plan” or “Small ProjectAnnualAnnual Plan” means an Erosion and Sediment Control (ESC)Construction Site Discharge Control Plan required under this section available for routine activities (e.g., maintenance) disturbing an area of less than 600 square feet with no more than 50 feet of lineal trench in the right-of-way, which does not impact any Environmentally Sensitive Sites. Small Project ACHD “Approved ESCSite Site Plan” means either an Small Project ESC Plan Annual Construction Site Discharge Control Plan or a Site Specific ESCConstructionConstruction Site Discharge Plan approved by ACHD and attached to the Permit issued to Permittee under ACHD Policy Manual Section 600786008. “Best Management Practices (BMPs)” means physical, structural, and/or managerial practices that, when used alone or in combination, control activities including, but not limited to, site run-off, spillage and leaks, and waste disposal, and prevent or reduce the discharge of pollutants directly or indirectly to waters of the United States. BMPs may include activity schedules, prohibition of practices, design standards, educational activities, and treatment requirements.

“CGP SWPPP” means a Stormwater Pollution Prevent Plan that meets all the requirements outlined in the EPA issued Construction General Permit. This permit regulates construction site stormwater discharges. “Construction Activity” means activities related to a construction project, including, but not limited to, Land Disturbing Activities, crushing, screening, and hauling of soil and rock, explosive and abrasive blasting, implosion, handling of building materials, concrete, stone and tile cutting, operation of motorized and non-motorized machinery, operation of motor vehicles on the site, staging areas, parking areas, storage areas, or any access routes to the construction site. “Construction Erosion and Sediment Site Discharge Control Plan” or “Site Plan” shall mean either an “Annual Small Project ESC Construction Site Discharge Control Plan” or a “Site Specific Construction Site Discharge Control ESC Plan”. “Dewatering” means the discharge of surplus water from a Land Disturbing Activity or Construction Activity into ACHD storm drain system or MS4. “Environmentally Sensitive Sites” means any construction or building site with one or more of the following characteristics:

1. All right-of-way work in areas where the predevelopment grades are

greater than 10 percent; 2. Ground disturbance of natural vegetative buffer within 50 feet of a

wetland and or water body; 3. Land Disturbing Activity or dewatering activities near or on known sites

contaminated by listed Pollutants or listed by the federal Environmental Protection Agency or the Idaho State Department of Environmental Quality as a “Superfund” or a “brownfield” or site of concern as those terms are used by the governing agencies.

“Erosion and Sediment Control (ESC) Plan” means a plan, either a “Small Project ESC Plan” or a “Site Specific ESC Plan” containing provisions, at a minimum, addressing Material containment, Pollutant spill prevention and setting forth BMPs to be utilized during Construction Activity or Land Disturbing Activity. that is contained in or acts as a Construction Site Discharge Control Plan. See 8305.3.43. “Grading” means excavating, filling (including hydraulic fill) or stockpiling of earth material or any combination thereof, including the land in its excavated or filled condition. “Highways” or “Highway” shall have the meaning as set forth in Idaho Code section 40-109(5), together with all public rights-of-way as defined in Idaho Code section 40-117(6), as those code sections may be amended from time to time, which highways are under the jurisdiction of the District, and as are now existing and as the same may be laid out, widened, relocated, acquired and vacated or otherwise transferred in the future.

“Land Disturbing Activity” means the use of any land by any person that results in a change in the natural cover or topography that may cause erosion and contributes to or alters the quality and or quantity of stormwater runoff. “Landscaping” means mowing, seeding, sodding and other landscaping activities that are not Land Disturbing Activities. “Material” means soils, sand, gravel, clay, or any other organic or inorganic material that is not municipal, refuse, or defined elsewhere in this policy. Maximum Extent Practicable (MEP) shall mean the technology-based discharge standard for municipal separate storm sewer systems established by the Federal Water Pollution Control Act, as Amended by the Clean Water Act of 1977, particularly §402(p).

“MS4” means a municipal separate storm sewer system as defined in 34030 C.F.R. 122.26(b)(8), as updated and amended from time to time, that is under the jurisdiction of either ACHD or a co-permittee of a current NPDES Permit and any related structural or nonstructural connections. “NPDES Permit” means National Pollutant Discharge Elimination System Permit issued to the Ada County Highway District and its co-permittees by the U.S. Environmental Protection Agency. “Permit” shall mean a Permit issued pursuant to the Temporary Highway Use Permit provisions set forth in Policy Section 6008. “Permittee” shall mean an Applicant to whom a Temporary Highway Use Permit is issued. “Person” shall have the meaning set forth in Idaho Code Section 40-117(1). “Plan Designer” means an individual who has received certification from the City of Boise or another general purpose government entity who is a co-permittee with ACHD in a NPDES Permit and whose certification is derived either through successful completion of a Plan Designer Certification program or demonstrated competence. “Policy” means the Construction Site Discharge Control Program Policy. “Pollutant” means objects including, but not limited to, dredged soils, solid waste, incinerate residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, wrecked or discarded equipment, rock, sand, silt, clay, dust, cellar dirt, industrial, municipal and agricultural waste, gases entrained in water, paints, oil, and other automotive fluids, soil, rubbish, trash, debris, refuse, heavy metals, hazardous waste, road sanding materials, yard waste from commercial landscaping operations, animal waste, materials that result from the process of constructing a building or structure, and nauseous or offensive matter of any kind, which, when discharged to water, cause or contribute to water pollution.

“Responsible Person” means any Person with operational control over site activities and day-to-day operational control of Plan requirements and Permit conditions at the site of any Construction Activity or Land Disturbing Activity who has received certification from the City of Boise or another general purpose government entity who is a co-permittee with ACHD in a NPDES Permit. “Sediment” means solid material, either mineral or organic, that is or has been in suspension or is being moved from its site of origin due to erosion. “Sedimentation” means the process or action of depositing sediment. “Site Specific Erosion and Sediment Control Plan” or “Site Specific Plan” means an Erosion and Sediment Control Plan required for land disturbing activities less than an acre “Specific Construction Site Discharge Control Plan” or “Specific Site Plan” shall mean a Construction Site Discharge Control Plan required under this section for a specific location wherein Construction Activity is to take place and is not eligible for consideration and approval under an Small Project ESC Annual Construction Site Discharge Control Plan. The Site Specific Plan shall include such standard requirements as may from time to time be adopted by the Stormwater SectionACHD. “Small Project Erosion and Sediment Control Plan” or “Small Project Plan” means an Erosion and Sediment Control (ESC) Plan required under this section for routine activities (e.g., maintenance) disturbing an area of less than 600 square feet, with no more than 50 feet of lineal trench in the right-of-way, which does not impact any Environmentally Sensitive Sites. The Small Project Plan shall include such standard requirements as may from time to time be adopted by ACHD. “Temporary Highway Use Permit” shall mean a permit issued by ACHD pursuant to sSection 6000786008 of the ACHD Policy Manual to any Person who desires to perform any work on a Highway, or encroaches on a Highway unless the area under ACHD jurisdiction is nominal and adjacent to property under the jurisdiction, authority and control of a general purpose government entity who is a co-permittee with ACHD in a NPDES Permit and requires an Erosion and Sediment Control Plan pursuant to a Construction Site Discharge Control Program for the adjacent property. “Variance” means a modification of the requirements of the Policy based on hardship. “Waiver” means being excused from compliance with this Policy by the District for a specific Construction Activity or Land Disturbing Activity.

8303 APPROVED EROSION AND SEDIMENTCONSTRUCTIONCONSTRUCTION SITE DISCHARGE CONTROL PLAN

8303.1 When Required Any person who desires to receive a Temporary Highway Use Permit from the

District must have an Approved Site ESC Plan.

8303.2 Exception Any Person who is licensed by ACHD to utilize a portion of unopened Highway

and wishes to perform Landscaping under the license so long as Material or Pollutant will not enter into a MS4.

8303.3 Standard Requirements

All ESC Plans under this section must provide for the following: (1) The Responsible Person shall be responsible for

ensuring that the control measures have been implemented as shown on the Approved ESC Plan and the facilities correspond with the Approved ESC Plan or achieve the function for which they were designed.

(2) The Responsible Person shall oversee, implement, and maintain BMPs to contain Materials onsite and out of water bodies or storm drainage systems.

(3) The Responsible Person shall protect stormwater inlets that are functioning during construction so that sediment-laden water cannot enter the inlets without first being treated.

(4) The Responsible Person shall implement and follow a regular maintenance and inspection schedule to include inspection of all BMPs within 24 hours of a 0.25” rainfall event during normal business hours.

(5) The Responsible Person shall minimize the deposition and tracking of mud, dirt, sand, gravel, rock or debris on the Highway. The Permittee shall be responsible for all clean-up of the Public rights-of-way necessitated from any tracking or depositing of mud, dirt, sand, gravel, rock or debris.

(6) The Responsible Person shall maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot away from the face of the curb at the gutter line, except for BMPs installed and implemented in accordance with an Approved ESC Plan. Construction ramps shall not hinder the flow of storm water to and through the existing system and must be constructed of a material that will not erode or deteriorate under adverse conditions.

(7) No debris, dirt, aggregates or excavated materials, or construction supplies shall be placed on the Public right-of-way unless permitted by the District or other controlling entity.

(8) BMPs shall be implemented to control non-storm water discharges, such as vehicle and equipment wash water, including concrete washout water, slurries from concrete cutting and coring operations

or grinding operations, slurries from concrete mixing operations, and sanitary and septic wastes.

(9) BMPs shall be implemented to manage solid and hazardous materials and waste.

(10) The Responsible Person shall ensure that any soil, waste or other Materials that enter the Public right-of-way and storm drain system are removed. See Section 6007 for aAdditional Clean Up and Restoration requirements may be imposed by the Temporary Highway Use Permit.

(11) All temporary BMPs shall be removed after final site stabilization. Trapped sediment and other disturbed soil areas resulting from the removal of temporary measures shall be permanently stabilized within thirty (30) days after removal of the temporary measures. All existing permanent storm drain facilities shall be cleaned and repaired, if necessary, to pre-construction conditions.

(12) BMPs shall be in place to protect any nearby storm drain system in the event of Material non containment or pollutant spill at the construction site.

8304 SMALL PROJECT EROSION AND SEDIMENTANNUAL8304 ANNUAL CONSTRUCTION SITE DISCHARGE CONTROL PLAN 8304.1 When aAvailable

Any Permittee who meets the requirements conditions for issuance of an Small Project ESC Annual Construction Site Discharge Control Plan, as defined, may submit an application on a form prescribed and provided by the District consistent with this Policy shall be subject thereto upon issuance of a Temporary Highway Use Permit.

8304.2 Duration An Small Project ESCAnnualAnnual Construction Site Discharge Control Plan

will be approved and shall remain in effect for one (1) year and will expire on the anniversary date of its approval by the District the duration of the associated Temporary Highway Use Permit unless revoked earlier under the provisions of this or any other section of the ACHD Policy Manualor section 6008.

8304.3 Application

If a Construction Activity or Land Disturbing Activity is eligible for a Small Project ESC Plan, an application for a Temporary Highway Use Permit shall be deemed an application for a Small Project ESC Plan.

8304.3.1 Contents

At a minimum, an application shall contain the name of the applicant, the general scope of Construction Activity or Land Disturbing Activity to be done under the Annual Plan, as well

as a general ESC Plan, prepared and signed by a Plan Designer, which delineates controls for each type of Construction Activity or Land Disturbing Activity, addressing issues of Material containment, Pollutant spill prevention, delineation of soil and erosion controls, any BMPs to be used, any protection of Adjoining Property as may be appropriate; designation of a Responsible Person and any additional information deemed necessary by the District to process the submitted application.

8304.3.2 Signed By Permittee

Application must be signed by the Permittee.

8304.4.3 Fee Any fee charged under 6008.6 must accompany the application.

8304.4.4 Review by District-

See section 8307. 8305 SITE SPECIFIC CONSTRUCTION EROSION AND SEDIMENT SITE DISCHARGE CONTROL PLAN

8305.1 When aAvailable

Any Person who does not meet the conditions for an Small Project ESC Annual Construction Site Discharge Control Plan must submit an application on a form prescribed and provided by the District consistent with this Policy for each location where the PermitteeersonPerson plans to begin Construction Activity or Land Disturbing Activity pursuant to a Temporary Highway Use Permit.

8305.2 Duration

A Site Specific ESCConstructionConstruction Site Discharge Control Plan will be approved and remain in effect until the date stated thereon the Specific Site Plan unless extended in accordance with procedure set out in 6008.7 and approved writing by the District, or unless revoked earlier under the provisions of this or any other section of the ACHD Policy Manualor section 60087.6008.

8305.3 Application

8305.3.1 Contents At a minimum, an application shall contain the name of the applicant, the location of the area included in the Site Specific Site Plan, the general scope of Construction Activity or Land Disturbing Activity to be done, designation of a Responsible Person, and any additional information deemed necessary by the District to process the submitted application. Attached to the application shall be an ESC Plan. A CGP SWPPP can be submitted in lieu of a Site Specific Plan.

8305.3.2 Signed By Permittee

Application must be signed by the Permittee. 8305.3.3 Fee Any fee charged under 600786008.6 must accompany the application. 8305.3.4 Site Specific ESC Plan

1. General. The Site Specific ESC Plan must be prepared and signed by a Plan Designer in a format set forth by ACHD. It shall describe the proposed Construction Activity or Land Disturbing Activity and the proposed Best Management Practices (BMPs) to be employed to prevent and control water quality impacts during and after construction. BMPs, as applicable to the site, shall be provided for control of sediment, flow conveyance, tracking, non-storm water management, waste management, final site stabilization, and maintenance, inspection, and repair of controls and protection of Adjoining Property, if appropriate. Provisions for Material containment as well as Pollutant spill prevention must also be included.

2. Required Elements of a Site Specific ESC Plan: (1) A site drawing of existing and proposed conditions

including: 1. North arrow, scale, date 2. Excavations, grades, paved areas, pond

elevations, structures and utilities 3. Property boundaries and lot lines 4. Drainage easementsAll Ddrainage Ffeatures 5. Benchmark 6. Surface water and wetlands, drainage patterns,

and watershed boundaries, if present 7. Location of existing vegetative cover 5. Location and Ttype of Best Management

Practice 6. Key of Ssymbols (2) Location of project and total area (3) Type of work and description of activities (4) Duration of work (5) Receiving waters (6) Construction Activities 1. Description 2. Sequence 3. Potential Pollutants (7) Best Management Practices (BMP’s): 1. Location 2. Inspection schedule 3. Maintenance schedule

(8) Dewatering Pplan (9) Materials and Wwaste Mmanagement/Spills

Pprevention & Ccontrol 1. Type and location of materials stored on site 2. How material will be stored 3. How material will be disposed (10) End of Project 1. Final site stabilization 2. BMP removal stabilization (11) List Responsible Person and Ccertification

Nnumber (12) Printed Nname, Ssignature, and Ccertification of

Plan Designer (2) Location and types of BMPs (3) Location and schedule of soil disturbance (4) A BMP inspection and maintenance schedule (5) Final stabilization measures (6) Name, address, title, and daytime and emergency phone numbers of Permittee or Permittee’s agent

3. Standard Requirements All ESC Plans under this section must provide for the following:

(1) The Responsible Person shall be responsible for ensuring that the control measures have been implemented as shown on the Approved Site, Plan and the facilities correspond with the Approved Site Plan or achieve the function for which they were designed.

(2) The Responsible Person shall oversee, or implement, and maintain BMPs to contain Materials onsite and out of water bodies or storm drainage systems.

(3) The Responsible Person shall protect stormwater inlets that are functioning during construction so that sediment-laden water cannot enter the inlets without first being treated.

(4) The Responsible Person shall implement and follow a regular maintenance and inspection schedule to include inspection of all BMPs within 24 hours of a rainfall event during normal business hours.

(5) The Responsible Person shall minimize the deposition and tracking of mud, dirt, sand, gravel, rock or debris on the Highway. The Permittee shall be responsible for all clean-up of the Public rights-of-way necessitated from any tracking or depositing of mud, dirt, sand, gravel, rock or debris.

(6) The Responsible Person shall maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot away from the face of the curb at the gutter line, except for BMPs

installed and implemented in accordance with an Approved Site Plan. Construction ramps shall not hinder the flow of storm water to and through the existing system and must be constructed of a material that will not erode or deteriorate under adverse conditions.

(7) No debris, dirt, aggregates or excavated materials, or construction supplies shall be placed on the Public right-of-way unless permitted by the District or other controlling entity.

(8) BMPs shall be implemented to control non-storm water discharges, such as vehicle and equipment wash water, including concrete washout water, slurries from concrete cutting and coring operations or grinding operations, slurries from concrete mixing operations, and sanitary and septic wastes.

(9) BMPs shall be implemented to manage solid and hazardous materials and waste.

(10) The Responsible Person shall ensure that any soil, waste or other Materials that enter the Public right-of-way and storm drain system are removed. See Section 86008 for additional Clean Up and Restoration requirements.

(11) All temporary BMPs shall be removed after final site stabilization. Trapped sediment and other disturbed soil areas resulting from the removal of temporary measures shall be permanently stabilized within thirty (30) days after removal of the temporary measures. All existing permanent storm drain facilities shall be cleaned and repaired, if necessary, to pre-construction conditions.

(12) BMPs shall be in place to protect any nearby MS4 storm drain system in the event of a Material non containment or Pollutant spill at the Construction Site.

8305.4 Review by District - see section 8307. 8306 ADDITIONAL REQUIREMENTS FOR ENVIRONMENTALLY SENSITIVE SITES In addition to the requirements set forth in section 8305, the following

requirements must be included for Environmentally Sensitive Sites: 1. Site drawing shall include excavation grades, street grades and other

paved areas. 2. Topographic survey showing existing drainage and irrigation water

conveyance systems and pre-developed and finished grade contours at 2-foot intervals. For sites less than one acre and with less than 2% cross grades, predevelopment and finished grade spot elevations along the

property lines or boundaries and at key points within the project site can be submitted instead of a topographical survey.

3. Plan of new or modified drainage systems, including dimensions. 4. Sites located in the areas of 10% grade or more, and other sensitive site

areas, shall have all erodible soils designated and classified using the Unified Soil Classification System (USCS). An engineering geology or geotechnical report, prepared by a registered geologist or registered geotechnical engineer, providing recommendations for erosion control, shall be submitted upon determination by the District that additional information is required to assess the site conditions.

8307 REVIEW BY DISTRICT 8307.1 Application Submittal After all required information and fees have been submitted to the District,

the District shall review the submitted application. 8307.2 District Review The District shall review the submitted information, considering the

potential water quality impacts that may result based upon proximity to an MS4 structure and the type of Construction Activity or Land Disturbing Activity contemplated at the site.

8307.3 District Decision Deadline No later than four (4) working days after receipt of all necessary

information, the District shall either approve, disapprove or request a conference with the Person submitting either an Small Project Annual Site Plan or a Site Specific Site Plan. If the Site ESC Plan is disapproved, the District shall provide the Person with a written statement of such disapproval, setting forth the reasons therefore.

8307.4 Clarification Conference If the District determines it to be advisable, the Permittee shall meet one

or more times with the District in order to discuss any issues arising out of the application needing explanation, clarification or further review. If the conference is requested, the time for review may be extended for an additional period of five (5) working days after the conferences are conducted either at the site of the proposed Construction Activity or Land Disturbing Activity or at the business office of ACHD, or both.

8308 MISCELLANEOUS PROVISIONS RELATING TO APPROVED ESCSITESITE PLAN 8308.1 Variances and Waivers

Any requests for Variance or Waiver from the Policy must be in writing, set forth the factual basis to support the request, and comply with the goals of the NPDES Permit. The District may request any information from any Person seeking a Variance or Waiver from the Policy the District deems necessary to reach an informed decision.

8308.2 Additional Practices District may impose additional practices upon the ESCSpecificSpecific

Construction Site Discharge Control Plan based upon the uniqueness of the topography of the construction site, the planned method of Construction Activity being proposed, or any other such condition that may require additional protection for the MS4 during the time Construction Activity or Land Disturbing Activity is underway.

For sites disturbing one acre or greater, soil compaction shall be

minimized on areas of the site where final vegetative stabilization will occur or where surface infiltration practices will be installed. If soil compaction cannot be avoided, appropriate soil conditioning techniques shall be used.

8309 RESPONSIBLE PERSON/INSPECTION BY ACHD INSPECTORS 8309.1 Responsible Person. During the Construction Activity or Land Disturbing Activity allowed under

the Temporary Highway Use Permit, the Responsible Person shall be the individual responsible for implementing and ensuring compliance with the Approved Site ESC Plan.

8309.2 Transfer of ESC Plan or Responsible Person In cases where another person wishes to continue or complete work

previously commenced under an ESC pPlan, this person shall either submit a new ESC pPlan or update the current ESC pPlan and Responsible Person. The original Responsible Person will be released from the ESC pPlan once another Responsible Person has become responsible for the conditions of the ESC pPlan.

8309.23 ACHD Inspectors Access ACHD Inspectors shall be given safe access to inspect for compliance

with the Approved Site ESC Plan and shall be furnished with all such information and assistance by the Responsible Person as is necessary to make such inspections.

8309.4 Final Review

Once final landscaping and/or final stabilization have been completed and the ESC pPlan receives final inspections approval, the conditions of the permitESC Plan shall cease. Any charges, fees, clean-up costs and

penalties must be paid before a Temporary Highway Use pPermit receives final inspection approval or a letter of completion. Final inspection approval for a phased development permit shall not be issued until all lots have been completed or a legal transfer of ownership has occurred.

8310 ENFORCEMENT/STOP WORK ORDER INDEPENDENT In the event the provisions set forth under the Approved Site ESC Plan have not

been met, the Responsible Person will be given a verbal written notice of the violation and a time period in which to correct the deficiencies causing the violation. If the corrections have not been made within the designated time period designated in the verbal notice or additional violations occur, the District may issue a written notice of the violation and a time period in which to correct the deficiencies causing the violation. If the corrections have not been made within the designated time period designated in the written notice or additional violations occur, a stop work order may be issued. Additionally, penalties and associated fee per section 6007 may be issued.

The District may issue a stop work order solely for failure to comply with

standardany ESC permitPlan requirement, see XXXX the Approved Site Plan, regardless of any other violation that may or may not have occurred under the Temporary Highway Use Permit.

8311 REVOCATION OF TEMPORARY HIGHWAY USE PERMIT The District may seek revocation of the Temporary Highway Use Permit based

upon violations of an Approved Site ESC Plan. In the event that the District seeks revocation, all provisions relating to notice and hearing and rights of appeal contained in 6000876008 shall govern the proceeding.

8312 INTEGRATION WITH OTHER SECTIONS 6008 With respect to any matter that is not specifically addressed in this section, those

sections of the ACHD Policy Manual addressing permits and inspection Section 6008 Temporary Highway Use will control.

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