An ordinance providing definitions, rules and regulations for the approval of plats, subdivision, dedications and vaca­tions of public right of way and easements; prescribing standards for the design, layout, and development thereof, requiring improvements; providing procedure for the approval or disapproval thereof; providing for the granting of variations and exceptions thereto; providing for a penalty for the violation thereof, and providing for appeal.

Be it ordained by the Board of County Commissioners of Idaho County:

Section A. Title

These regulations shall be known and cited as the Idaho County Subdivision Regulations, hereinafter referred to as the “Subdivision Ordinance”.

Section B. Authority

These regulations are authorized by Title 50 Chapter 13 of the Idaho Code, as amended or subsequently codified.

Section C. Purpose

The purposes of these regulations are to promote the public health, safety, general welfare, and to provide for:

1. The orderly development of the County consistent with

applicable policies and plans adopted by the Board.

2. To achieve well laid-out streets and building sites in accordance with proposed uses and adapted to the terrain and natural setting.

3. To conserve the natural beauty of the County.

4. To provide safe access, adequate drainage and utilities for the proposed sites.

5. The avoidance of scattered subdivision of land as would involve danger of injury to health, safety, or general welfare by reason of the lack of water supply, drainage, transportation, or other public services or the unnecessary imposition of an excessive expenditure of public funds for the supply of such services.

6. The requirements as to the extent and manner in which roads shall be created and improved; water, sewer and other utility mains shall be installed as condition precedent to the approval of a plat.

7. The manner and form of making and filing of any plat.

8. The administration of these regulations by defining the powers and duties of approval authorities including procedures for the equitable review and approval of all plats of subdivisions covered by these provisions.

Section D. Jurisdiction

These regulations shall apply to the subdividing of all land within the: Unincorporated territory of Idaho County, Idaho; however, such regulations shall not apply to any area within one mile of an incorporated city if such city has at the time subdivision is proposed pass their own subdivision regulations applying to that one mile area.

Section E. Interpretation

All subdivisions as herein defined shall be submitted for approval of the Board and shall comply with the provisions of these regulations. These regulations shall supplement all other regulations, and where at variance with other laws, regulations, ordinances, or resolutions, the more restrictive requirements shall apply. This Ordinance shall not apply to any lot or lots forming a part of any subdivision created and recorded prior to the effective date hereof, except for the further dividing of lots; nor is it intended by this Ordinance to repeal, abrogate, annul or in any way impart or interfere with existing provisions of other laws, ordinances, or regulations, or with private restrictions placed upon property by deed covenant or other private agreements, or with restrictive covenants running with the land to which the County is a party.

Section F. Administration

The Board shall appoint by motion an administrator to carry out the provisions as herein specified. The administra­tor shall receive and process all subdivision applications. In the event the Commission fails to act or carry out its responsibilities according to the regulations contained herein, the Board shall assume all duties of the Commission as specified herein in relation to the application concerned.

Section G. Severability

Where any word, phrase, clause, sentence, paragraph, or section, or other parts of these regulations are held invalid by a court of competent jurisdiction, such judg­ment shall affect only that part so held invalid.

Section A. Interpretation of Terms or Words

For purpose of these regulations, certain terms, or words used herein shall be interpreted as follows:

1.   The present tense includes the past or future tense, the singular includes the plural, and the plural includes the singular.

2.   The word “shall” is mandatory; “may” is permissive; and the word “should” is preferred; and

3.    The masculine shall include the feminine.

Section B. Meaning of Terms or Words

1.   Administrator: The official as appointed by the Board to administer this ordinance.

2.   Block: A group of lots, tracts or parcels within well defined boundaries, usually streets.

3.   Board: The Idaho County Board of County Commissioners.

4.   Building: A structure designed or used as the living quarters for one or more families, OR the structure designed or used for occupancy by people for commercial, industrial or agricultural uses.

5.   Building Setback Line: An imaginary line established by subdivision regulations and zoning ordinances requiring all buildings to be set back a certain distance from lot lines and street rights of way.

6.   Building Site: An area proposed or provided and improved by grading, filling, excavation or other means for erecting pads for buildings.

7.   Cemetery: A lot that has been planned for the selling of sites for the burial of animal and human remains.

8.   City: The incorporated municipality having jurisdiction of the parcel of land under consideration.

9.   Commission: The Planning and Zoning Commission of Idaho County having jurisdiction over the parcel of land under consideration.

10.   Comprehensive Plan: That plan, or coordinated policies and plans, in preparation or which have been adopted by the Board for the social, physical and economic develop­ment of Idaho County, intended among other things to encourage the most appropriate use of land; to indicate the general location and extent of desirable public

facilities; and to provide a street system, coordinated with land use, for the safe, expeditious movement of vehicular and pedestrian traffic throughout the County or any portion thereof.

11.   Condominiums: An estate consisting of (1) an undivided interest in common in real property, in an interest or interests in real property, or in any combination thereof, together with (2) a separate interest in real property, or in any combination thereof.

12.   County Road Superintendent: That official of Idaho County appointed by the Board whose duties are those of the County Road Superintendent as defined in the Idaho Code.

13.   County Engineer (Surveyor): The registered surveyor or engineer appointed by the Board to check plats and make surveys, maps, and plats as ordered by the Board.

14.     County Recorder:   The office of the County Recorder.

15.     Covenant:   A written promise or pledge.

16.     Culvert:   A drain that channels water under a bridge, street, road, or driveway.

17.    Dedication:   The setting apart of land or interest in land for use by the public.    Land becomes dedicated when accepted by the County as a public dedication, either by ordinance, resolution, or entry in the official minutes, or by the recording of a plat showing such dedication.

18.    Developer:   Authorized agent(s) of a sub divider or the sub divider himself.

19.    Domestic Livestock:    Cows, horses, rabbits, poultry, sheep, goats, chinchillas, or any other similar animal kept for commercial or pet purposes.

20.    Dwelling Unit (Prefab):   A building or other structures proposed or built for occupance by people that is designed for initial transportation on streets and highways which arrives at a site where it is installed on a permanent foundation.

21.    Easement:   A grant by a property owner to specific persons or to the public to use land for specific purposes.

22.    Engineer:   Any person who is licensed in the state to practice professional engineering.

23.    Flood Plain:   The relatively flat area or low land adjoining the channel of a river, stream, or water course,   lake, or other body of standing water, which has been or may be covered by water of a flood of one hundred year fre­quency. The flood plain includes the channel, floodway, and floodway fringe.

a.    “Flood on one hundred year frequency” shall mean a flood magnitude which has a one percent (1%) chance of being equaled or exceeded in any given year.

b.    “Flood” shall mean the temporary inundation of land adjacent to and inundated by overflow from a river, stream, lake or other body of standing water.

c.     “Channel” shall mean a natural or artificial water-course of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.

d.    “Floodway” shall mean the channel of a watercourse and those portions of the flood plain: adjoining the channels which are reasonably required to carry and discharge the flood water of any watercourse.

e.        “Designated floodway” shall mean a floodway whose limits have been designated floodway.

f.     “Floodway-encroachment lines” shall mean the lines limiting a designated floodway.

g.    “Floodway fringe” shall mean that part of the flood plain which is beyond the floodway-encroachment lines limiting a designated floodway.    Such areas will include those portions of the flood plain, which will be inundated by a flood plain- of one hundred year frequency but which may be developed for use under land use regulations without material effect upon the flood water carrying capacity of the floodway and the flood water levels. Such areas are characterized by shallow flood depths and low velocities of water flow.

24.    Governing Body:   The County Commissioners of the County of Idaho, Idaho.

25.    Highway: A street designated as a highway by an appropriate state or federal agency.

26.    Improvement: Any alteration to the land or other physical construction associated with subdivision and building site developments.

27.    Large Scale Development:   A subdivision that has sixty (60) or more lots or dwelling units.

28.    Local Health Agency:   The North Central District Health Department.

29.    Lot:   A parcel, plot, tract, or other land area of suitable size as required in these regulations and existing zoning ordinances; and created by subdivision for sale, transfer, or lease.

30.    Lot Area:   The area of any lot shall be determined exclusive of street, highway, alley, road, or other rights-of-way.

31.    Lot Types:   As used in these regulations,   lot types are as follows:

a.     Corner Lot is a lot located at the intersection of two or more streets.

b.    Interior Lot is a lot other than a corner lot, with frontage on only one street.

c.    Through Lot is a lot with frontage on more than one street, not a corner lot. Also known as Double Frontage Lot.

d.     Reserved Lot is a lot with frontage on a side street or other right-of-way other than interior or corner lots.

32.    Mobile Home:   A single family dwelling designed for transportation after fabrication on streets and highways on its own wheels, or on a flatbed or other trailer, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor incidental unpacking and assembling operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like. A prefab dwelling unit or travel trailer is not to be considered as a mobile home.

33.    Mobile Home Subdivision:   A subdivision designed and intended for residential use where residence is in mobile homes exclusively.

34.    Monument:   Any permanent marker either of concrete, gal­vanized iron pipe, or iron or steel rods, used to per­manently establish any tract, parcel, lot or street lines, as specified in Section 50-1303, Idaho Code.

35.    Open Space:   An area open to the sky for outdoor recreation activity. Streets, buildings, or other covered structures are not included in computing these areas.

36.    Original Parcel of Land:   A lot or tract as recorded on any plat or record on file in the office of the County Recorder, each 1/16 of a section (40 acres), or any unplatted contiguous parcel of land of less than 40 acres, or any government lot, even if 40 or more acres, held in one ownership and of record at the effective date of this ordinance, or any lot or tract fitting the above descriptions that might be hereafter created.

37.   Owner:  The Individual firm, association,   syndicate, partnership or corporation having proprietary interest in the land to be subdivided.

38.   Planned Unit Development:   A use or a combination of residential,   commercial,   industrial and recreational uses planned for a tract of land to be developed as a unit under single ownership or control, which is developed for the purpose of selling or renting individual lots or estates, whether fronting on private or dedicated streets. The requirements of this ordinance may be modified by the Board to achieve the best possible planned develop­ment for the specific site under consideration.

39.    Plat:   The drawing, mapping or planning of a subdivision, cemetery, town site or other tract of land or a replatting of such including certifications, descriptions and approvals;

a.    Preliminary Plat:   The first formal presentation by maps or drawings of a proposed subdivision.

b.    Final Plat:   The final and formal presentation by a map drawn as herein set forth of an approved subdivision development, the original and one copy of which is filed with the County Clerk and Recorder.

40:   Reserve Strip:   A strip of land between a dedicated street or partial street and adjacent property,   in either case, reserved or held in public ownership for future street extension or widening.

41.    Right-of-way:   A strip of land dedicated or reserved for use as a public way which may include streets,   sidewalks and other public utilities or service areas.

42.    Sidewalk:   That portion of the street right-of-way outside the street pavement which is improved for pedestrial use. (Also known as Walkway.)

43.    Standard Specifications:   Shall be the specifications as may be specified in this ordinance or as officially adopted by the County.

44.   State:   State of Idaho.

45.    State Health Agency:   The State of Idaho, Department of Health and Welfare, Division of Environment.

46.    Street:   A right-of-way which provides access to adjacent properties, the dedication of which has been officially accepted. The term “street” also includes the terms highway, thoroughfare, parkway, road, avenue, boulevard, land, place, and other such terms.

a.    Alley:   A minor street providing secondary access at the back or side of a property otherwise abutting a street.

b.    Arterial: A street designated for the purpose of carry­ing fast and/or heavy traffic.

c.   Collector: A street designated for the purpose of carrying traffic from minor streets to other collector streets and/or arterial streets.

d.    Commercial: A street designated for the purpose of pro-viding traffic movement in a commercial area.

e.    Cul-de-sac: A street connected to another street at one end only and having provision for vehicular turn-around at its terminus.

f.     Dead End: A street connecting to another street at one end only and not having provision for vehicular turn­around at its terminus.

g.    Frontage:   A minor street, parallel to and adjacent to an arterial street, which has the primary purpose of providing access to abutting properties.

h.    Half Street: A portion of the width of a street, usually along the edge of a subdivision where the remaining portion of the street could be provided in an adjoining subdivision.

i.    Highway:      A street designated as a State or Federal Highway by the state or federal agency responsible therefore.

j.    Industrial:   A street designated for the purpose of providing traffic movement in an industrial area.

k.    Loop:   A minor street with both terminal points on the same street of origin.

l.    Minor Street: A street which has the primary purpose of providing access to abutting properties.

m.   Partial Street: A dedicated right-of-way providing only a portion of the required street width, usually along the edge of a subdivision or tract of land.

n.    Private Street:   A street which provides vehicular and pedestrial access to one or more properties, however not accepted for public dedication or maintenance.

o.    Side Street-   A secondary street that provides access to corner lot of which the principal building is not oriented toward.

47.    Subdivider:   A subdivider shall be deemed to be the individual firm, corporation, partnership, association, syndi­cate, trust, or other legal entity that executes the appli­cation and initiates proceedings for the subdivision of land in accordance with the provisions of this Ordinance; the subdivider need not be the owner of the property, how-ever he shall be an agent of the owner or have sufficient proprietary rights in the property to represent the owner.

48.    Subdivision:   The division of any original lot, tract or parcel of land into five (5) or more parts for the purpose of transfer of ownership or development; {The division of any original lot, tract, or parcel of land of five (5) acres or less in which any parcel is less than one acre.}   However, this ordinance shall not apply to any of the following:

a.    An adjustment of lot lines as shown on a recorded plat, which does not reduce the area, frontage, width, depth, or building setback lines of each building site below the minimum zoning requirements, and does not change the original number of lots in any block of the recorded plat.

b.    An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property.

c.    The unwilling sale of land as a result of legal condem­nation as defined and allowed in the Idaho Code.

d.    Widening of existing street to conform to the Compre­hensive Plan.

e.    The acquisition of collector and arterial street rights-of-way by a public agency in conformance with the Compre­hensive Plan.

f.    The exchange of land for the purpose of straightening property boundaries which does not result in the change of the present land usage of the properties involved.

g.    A division of land into parcels of five (5) acres or more designated to be used solely for agricultural purposes and which does not involve any new street dedication other than dedications widening existing streets.

Section A.    Subdivision Required

Any person desiring to create a subdivision as herein defined shall submit all necessary applications to the Administrator. No final plat shall be filed with the County Recorder until the plat has been acted upon by the Commission and approved by the Board.    No lots shall be sold from any plat until it has been recorded in the office of the County Recorder.

This section shall not be used to prevent the recording of a drawing or map of tracts of land that are specifically excluded from the definition “subdivision” as listed in Article II, Section B, Subsection 49 a through g.

Section B: Pre-Application:

1. Application:   Any person interested in subdividing any property within Idaho County may contact the administrator with a written request that he be placed upon the agenda of the Commission at its next regular meeting, during which meeting the subdivider may generally discuss his intention with the Commission.

2. Administrator Action:   The Administrator shall submit the pre-application and/or plan to appropriate local agencies, state agencies, for review and comment and shall within fifteen (15) days from the date of receiving an acceptable pre-application notify the subdivider in writing as to the general conformance or nonconformance of the proposal with this ordinance, as well as the additional following concerns:

a.    The compliance of the proposed development with existing policies, goals and objectives or development plans.

b.    Determination if additional special permits or ordinance conflicts such as rezoning, special development permit or variance that may be needed and the determination of the manner that such requirements can be combined into one permit.

c.    Advise the applicant of any unique environmental or hazardous concern that may be directly or indirectly associated with the subject property.

d.    The subdivider should further be advised of other local and state agencies that he should contact before preparing a preliminary plat.

e.    Provide the subdivider with all necessary forms and check lists.

Section C: Preliminary Plat

1.    Application:   Any subdivider may file with the administrator a preliminary plat and preliminary plat data as required by this ordinance in such form and content as is hereinafter required.

2.     If the subdivider files a preliminary plat in accordance with the content provisions of this ordinance, the plat upon its filing with the administrator shall be submitted to the county engineer within five (5) days for filing. Within the next 30-day period, the county engineer shall make a recommendation to the Commission concerning the technical appropriateness of the content of the plat and shall recommend how deficiencies or shortcomings of the preliminary plat might be overcome. The costs incurred by the county engineer during his review of the preliminary plat shall be paid by the subdivider prior to the placement of the preliminary plat on the agenda of the next regular Commission meeting. Should the county engineer require more time than is hereunder allowed, the administrator shall grant additional time to the county engineer for good cause shown, which time shall in no event exceed sixty (60) days.

3.     Technical Requirements for Preliminary Plats:   Should the subdivider choose to offer a preliminary plat, the following technical information shall be provided in that plat:

a.    The name of the proposed subdivision.

b.    The names, addresses and telephone numbers of the subdivider or subdividers and the engineer or surveyor who prepared the plat.

c.    The legal description of the subdivision.

d.    A statement of the intended use of the proposed subdivision, such as:   residential single family; two family and multiple housing; commercial; industrial; recreational; or agriculture; and a showing of any sites proposed for parks, playgrounds, schools, churches, or other public uses.

e.    A map of the entire area scheduled for development if the proposed subdivision is a portion of a large holding intended for subsequent development.

f.    A vicinity map showing the relationship of the proposed plat to the surrounding area (1/2 mile minimum radius, scale optional).

g.    The land use and existing zoning of the proposed subdivision and the adjacent land.

h.    Streets, street names, rights-of-way and roadway widths, including adjoining streets or roadways.

i.    Lot lines, dimensions and numbers, and the total number of lots by blocks.

j.    Contours, shown at 5-foot intervals where land slope is greater than ten percent (10%) and at 2-foot intervals where land slope is 10% or less,   with an established bench mark including location and elevation.

k.    A proposed method of sewage disposal and domestic water supply and any additional supporting data as may be required by the local and/or state health agencies.

l.    Any proposed or existing utilities,   including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainages, bridges, culverts, water mains, fire hydrants, and their respective profiles or indicated alternative methods.

m.    A copy of any proposed restrictive covenants and/or deed restrictions or, if none, a statement that none are proposed.

n.    Any dedications to the public and/or easements, together with a statement of locations,   dimensions, and purpose of such.

o.    Any additional required information for special developments as specified in Article VI of this ordinance.

p.    A statement as to whether or not a variance will be requested with respect to any provision of this ordinance describing the particular provision; the variance requested, and the reasons therefore.

4.      Fee:   There shall be a fee of $25 for the submission of the preliminary plat to the Commission, which fee shall hot apply as credit when and if a final plat is later submitted.

If a preliminary plat is filed with the administrator the contents of the preliminary plat shall be as hereunder required and prior to submission to the Commission, any additional maps or other data deemed necessary by the county engineer shall also be furnished with the plat.    The subdivider shall submit to the administrator, prior to being place on the agenda of the Commission, the following:

a.    Three copies of the preliminary plat of the proposed subdivision, now in accordance with the requirements hereinabove stated; each copy of said plat shall be on good quality paper, shall have dimensions of not less than 24 inches by 36 inches, shall be drawn to scale of not less than 1 inch to 100 feet, shall show the drafting date, and shall indicate thereon by arrow the generally northerly direction of the land depicted.

b.    Three sets of preliminary engineering plans for streets, water, sewers, sidewalks and other required public improvements; said engineering plans shall contain sufficient information and detail to enable the county engineer to make his preliminary determination as to conformance of the proposed improvements to applicable regulations, ordinances and standards as outlined in the special development article of this ordinance; said plans shall be submitted and bear a stamp of a licensed professional engineer.

5.      Upon the return of the preliminary plat from the county engineer, or any appropriate agencies, the administrator shall place the preliminary plat and all parts thereof on the agenda of the Commission immediately following such return.

6.      Commission Action:   The Commission may approve, approve conditionally, disapprove or table the preliminary plat for additional information.    The action and reason for such action shall be stated in writing by the administrator and forwarded to the applicant. The administrator shall also forward a statement of the action taken and the reasons for such actions, together with a copy of the preliminary plat to the Board for their information and records.    If the Commission’s conclusion is favorable to the subdivider’s request, then the subdivider shall at that time proceed to comply with the balance of the technical requirements of this ordinance concerning final plats. Should a subdivider choose to begin the subdivision process by the filing of the preliminary plat, in all its parts, and the Commission approval is denied, no final plat shall be filed with the administrator until acceptance by the Commission of the preliminary plat has occurred.

7.     Appeals:   The subdivider or any person who appeared in person or writing before the Commission may appeal in writing the decision of the Commission relative to any action taken by the Commission on any preliminary plat. Such appeal must be submitted to the Board within twenty (20) days from such commission action.

Section D. Final Plat

1.   Application:    If a subdivider has chosen the preliminary plat method, and approval or conditional approval of the preliminary plat has been granted by the Commission, the subdivider may cause the subdivision, or any part thereof, to be surveyed and a formal plat prepared in accordance with the approved preliminary plat. Alternatively, the subdivider may choose to proceed immediately with the preparation of a final plat. If the subdivider has chosen either method of proceeding to the final plat, he shall submit to the administrator four (4) copies of the final plat and four (4) copies of the final engineering construction drawings for streets, water, sewers, sideways, and other public improvements. The content of any final plat shall include all of the technical details set forth for preliminary plats earlier referred to in Article III, Section C, No.   3 and shall in addition be in complete compliance with all of the items required under Title 50,   Chapter 13, of the Idaho Code, and shall be drawn at such a scale and contain lettering of such size as to enable the same to be placed on one sheet of 18″ x 24″ drawing paper same to be placed on one sheet of 18″ x 24″ drawing paper with no part of the drawing nearer to the edge than one inch. The reverse of said sheet shall not be used for any portion of the drawing, but may contain written matter as to dedications, certifications of various county officers and other similar information.    The final plat submittal shall   include at least the following-

a.    A written application for approval of the final plat shall be submitted. In the event a preliminary plat has been submitted earlier, the written application shall acknowledge that any earlier plat requirements that were deemed necessary by the Commission have been satisfied and met in all respects.

b.    Proof of current ownership of the real property included in the proposed filed plat.

c.     Conformance with the recommendations of the county engineer which were earlier made concerning any potential previous preliminary plat.

d.     Conformance to all other requirements and provisions of this ordinance.

e.    Acceptable engineering practices and local standards.

f.    A certification by the Idaho County Recorder that the plat is technically correct for recording purposes.

g.    A certification by the Idaho County Assessor that the proposed lots and other graphic subdivisions within the plat are technically correct for advalorem taxation purposes.

h.    A written statement from the local and/or state health agency as to the feasibility of the proposed water and sewer systems, and that the health regulations of the state of Idaho have in all respects been met.

i.    A certification of the county engineer that all other technical requirements of this ordinance and the technical requirements of Title 50, Chapter 13, Idaho Code, have been met, together with an indication that the subdivider has paid the county surveyor’s fee for plat checking as is hereunder required.

j.   A certification of the Idaho County Treasurer that all advalorem property taxes concerning the property described within the plat have been paid.

k.    The highway district having jurisdiction over the roads in the proposed subdivision, must give its approval mainly concerning the right-of-ways involved.

l.    A fee of $25, plus $1 for each lot, shall accompany each application for approval of any final plat.

m.   Upon the receipt of the required numbers of copies of the final plat and the required numbers of copies of the final engineering construction drawings as are hereunder required, and upon receipt of all other written certifications herein above set forth, the administrator   shall place the final plat upon the agenda of the Board Commission at the next regularly scheduled meeting, and the Commission,   if it shall find that all certifications are proper and the plat is in conformance with the terms of this ordinance, and the recommendations of the preliminary plat earlier approved,

2. Method of Recording:    Upon the approval of the final plat by the Board, and the inclusion of the following signatures of the final plat, the subdivider shall submit the final plat to the County Recorder for recording.

a.     Certification and signature of the Board verifying that the subdivision has been approved.

b.     Certifications and signature of the county engineer verifying that the subdivision meets the county requirements and has been approved by the Board.

c.    Statement as to the statues of the sanitary restrictions as required under Idaho Code 50-1325, with the signature of the local or state health authority. 4.    Recording period:  Final plat and covenants,   if any shall be filed with the County Recorder within ninety (90) days after written approval by the Board has been had; other with, such approval shall become null and void unless, prior to the said exploration date an extension of time is applied for and granted by the Commission.

Section A.    Minimum Design Standards Required

All plats submitted pursuant to the provisions of this Ordinance and all subdivision, improvements and facilities done, constructed or made in accordance with said provisions shall fully comply with the minimum design standards set forth hereinafter in this Article; provided, however,

that any higher standards adopted by any Highway District, State Highway Department, or Health Agency shall prevail over those set forth herein.

Section B.    Dedication

Arterial and collector streets shall be dedicated to the public in all cases;   in general, all other streets shall also be dedicated to public use.

Section C.    Location

Street and road location shall conform to the following:

1.     Street Location and Arrangements:   When a major street plan or comprehensive development plan has been adopted, subdivision streets shall conform to such plans.

2.    Local or Minor Streets: Shall be so arranged as to discourage their use by through traffic.

3.    Street Continuation and Extension;   the arrangement of streets shall provide for the continuation of existing streets from adjoining areas into new subdivisions unless otherwise approved by the Board and the Highway District or Department having jurisdiction over such streets.

4.    Stub Streets:   Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall be such that said streets extend to the boundary line of the tract to make provisions for the future extension of said streets into adjacent areas.    A reserve strip may be required and held in public ownership.

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

6.    Alleys:  Alleys shall be provided in multiple dwelling or commercial subdivisions unless other provision are made for service access and off-street leading and parking.  Dead end alleys shall be prohibited in all cases.

7.    Cul-de-sac Streets:  In any case where a proposed Cul-de-sac Street exceeds 900 feet in length, the Commission with the approval of the Board may require, base upon safety considerations, that said Cul-de-sac Street not exceed 900 feet.  Furthermore, all Cul-de-sac Street s shall have an adequate turn-around area at its terminating end, having a minimum radius of 50 feet for right-of-way.

8.    Half Streets:  Half streets shall be prohibited except where unusual circumstances make such necessary to the reasonable development of a tract in conformance with this Ordinance and where satisfactory assurance for dedication of the remaining part of the street is provided.  Whenever a tract to be subdivided borders on an existing half or partial street, the other part of the street shall be dedicated within such tracts.

9.    Private Streets:  Private streets and roads shall be prohibited except within planned unit developments.

Section D.  Specifications

1.    Street Right of Way Widths:  Street and road right-of-way widths shall conform to the adopted major street plan or comprehensive development plan and the rules of the State Department of Highways and the Highway District or Department having jurisdiction; minimum right-of-way standards are as follows:

Street Types                                 Widths

Major Arterial                                Not less than 120 feet

Minor Arterial                                Not less than 80 feet

Collector Street                             Not less than 60 feet

Alley                                            Not less than 25 feet

A standard road bed of 25′ must be used.

2.      Street Grades:  Street grades should not exceed nine (9) percent on either local or collector streets.

3.      Street Alignment:  Shall be as follows

a.  Horizontal Alignment:  When street centerlines deflect form each other by more than three (3) degrees in alignment the centerlines shall be connected by circular curves determined by a mile per hour speed design as set forth in the State of Idaho, Division of Highways, Standard Design Criteria and revisions thereof.  The minimum design speeds are:

1)  Major Arterials  –  35 m.p.h.

2)  Minor Arterials  –  30 m.p.h.

3)  Collector streets  –  25 m.p.h.

b.   Vertical alignment:  Minimum sight distances shall be computed by use of design speed curves in conformance with State of Idaho, Division of Highways Standards.

Section E.  Street Names

The naming of streets shall conform to the following:

1.  Street names shall not duplicate any existing street name except where a new street is a continuation of an existing street, street names that may be spelled differently but sound the same as existing streets shall not be used.

Section F.  Intersection

Intersections shall conform to the following:

1.  Angle of Intersection:  Streets shall intersect at Ninety (90) degrees or as closely there to as possible, and in no case, shall streets intersect at less than seventy (70) degrees.

2.  Sight Triangles:  Minimum clear sight distance at all minor street intersections shall permit vehicles to be visible to the driver of another vehicle when each is one hundred twenty-five (125) feet from the center of the intersection.

3.  Number of Streets:  No more than two (2) streets shall cross at any one intersection.

4.  “I” Intersection:  “I” Intersection may be used where ever such design will not unduly restrict the free movement of such traffic.

5.  Centerline Offsets:  Street centerlines shall be offset by a distance of at least one hundred twenty-five (125) feet.

Section G.  Easements

Unobstructed utility easements shall be provided when necessary.  Total easement width shall be not less than twelve (12) feet where lots adjoin.  Unobstructed drainage way easements shall be provided as required by the Board.

Section H.  Blocks

Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural topographic feature, or subdivision boundary.  Block lengths shall be 300 to 900 feet or greater upon showing cause.

Section I.  Lots

1.  Minimum Lot Size (urban):  In those areas of Idaho County where approved public water and sewage disposal facilities are available or can be made available in the foreseeable future, the minimum lot size shall be in accordance with such zoning standards as are in effect for said area, except where the State of local Health Agency has previously duly adopted standards and specifications requiring a greater lot area to cope with health problems peculiar to the property.

2.    Minimum Lot Size (recreational and suburban) –   It is recognized that all of the recreational and suburban areas of Idaho County cannot be uniformity served with water and sewage disposal facilities.

It is further recognized that portions thereof might be served in different ways, namely

a.    by approved public water and public sewage disposal and treatment facilities, such service being herein designated as public water and sewage disposal service.

b.    by a combination of public water and individual sub-surface sewage disposal facility; or such combinations of service being herein designated as a semi-public water sewage disposal service.

c.    by individual wells and individual sub-surface sewage disposal facility herein designated as individual well and sub-surface sewage disposal service.

The subdivider, upon demand by the Commission, shall provide the Commission with the following information, or such portion thereof as the Commission deems necessary:

a.    data setting forth the highest known water tables for the proposed subdivision and for the property lying downgrade and contiguous to subject subdivision;

b.    The strata formation of the proposed subdivision for a depth of twelve (12) feet.

c.    a percolation test for each acre within said proposed subdivision.

d.    the known well logs of wells located in surrounding contiguous property.

e.    the location of all existing or proposed irrigation ditches, streams, drainage ditches, or known underground water courses.

f.    a statement of policy to be included in the recorded subdivision covenants, if animals are permitted, regulating and restricting the area against use by animals for a radius of 50 feet from any well site.

g.    the minimum size of the lot in all instances shall be adequate to provided for the installation of two sewage disposal areas commensurate with sewage disposal demands in addition to providing adequate space for typical structures to be erected thereon.

If, upon consideration of such information, the Commission finds that by reason of the factual situation and circumstances concerning the subdivision in question, the health, safety and welfare of the inhabitants of the subdivision and the aquifers and streams in question would not suffer from pollution, the Commission, upon review of such information, may approve minimum lot sizes for area to be served as follows;

a.    public water and public sewage disposal service 8,000 sq. ft. per lot.

b.    individual well and individual sub-surface sewage disposal service – 20,000 sq. ft. per lot.

c.    lot design shall be such as to provide for spacing, location, and design of sewage disposal and water facilities in accordance with such standards as have duly adopted by the State Health Agency, or a duly appointed local board of health, to regulate the procurement of potable water, sewage disposal and safeguard domestic water supplies in recreational and suburban areas.

3.     Zoning:   The lot width, depth and total area shall not be less   than the requirements of any applicable zoning ordinance.

4.     Lot Lines-   Side Lot lines should be essentially at right angles to straight streets and shall conform to the radius of curved streets.

5.     Width Related to Length:   Narrow, deep lots should be avoided.

6.     Corner Lots:   Corner lots shall have sufficient extra width to permit appropriate building setback from both streets or orientation to both streets,

7.    Uninhabitable areas:   Land subject to flooding or which shall be otherwise deemed to be uninhabitable shall not be plated for residential purposes or for any other uses that may increase or create a danger to health, life or property or which may increase or create a flood hazard.   Such land within a subdivision shall be set aside for other uses such as parks or other open spaces.

8.     Back-up Lots:   Lots shall back into such features as freeways, arterial streets, shopping centers, or industrial properties, except where there is a marginal access street unless a secondary access is provided.

9.     Lot Frontage-   All rectangular lots shall have at least 75 feet of frontage upon a publicly dedicated street.   Variances may be permitted for an approved planned unit development.

Section J.   Preservation of Natural Features shall conform to the following:

1.      Public Uses:   Where a proposed park, playground, school, or other public use shown on the Comprehensive Development Plan is located

in whole or in part within a subdivision, a suitable area for this purpose shall be dedicated to the public or reserved for public purchase.   If within two (2) years of plat recording, the purchase is not agreed on, the reservation shall be cancelled or shall automatically cease to exist, and

2.     Natural Features-   Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots, and similar irreplaceable assets should be preserved, insofar as possible in the design of the subdivision.

Section K.   Large Scale Developments

Shall be governed by the following provisions:

1.     Modification:   This Ordinance may be modified in accordance with the variance provisions of this Ordinance in the case of a subdivision large enough to constitute a complete community or neighborhood, consistent with the Comprehensive Development Plan which provided and dedicates adequate public open space and improvements for circulation, recreation, education, light, air and service need of the tract when fully developed and populated.

Section A.    Purpose

It is the purpose of this Article to establish and define the public improvements which will be required to be constructed by the subdivider as conditions for final plat approval and also to outline the procedures and responsibilities of the subdivider and the various public officials and agencies concerned with the administrations,   planning,   design,   construction, and financing of public facilities, and to further establish procedures for assuring compliance with these requirements.

Section B.   Responsibility for Plans

It shall be the responsibility of the subdivider of every proposed subdivision to have prepared by a registered engineer, a complete set of construction plans,   including profiles,   cross section specifications, and other supporting data, for all required public streets, utilities and other facilities.    If a preliminary plan has been submitted such construction plans shall be based which have been approved with preliminary plats and such documents shall be prepared in conjunction with the final plat. If no preliminary plat has been submitted the requirements of the section shall be submitted as part of the presentation along with the final plat. All construction plans hereunder required shall be prepared in accordance with the public agencies’ standards or specifications.

Section C.   Required Public Improvements

Every subdivider shall be required to install the following public and other improvements in accordance with the conditions and specifications as follows:

1.      Monuments:   Monuments shall be set in accordance with the Section 50-1303, Idaho Code; In addition, permanent monumentation shall be required on the centerline of all roads at the point of Intersection, Point of Terminus, or the Point of Curvature on-all curves.

2.     Streets and Alleys:   All streets and alleys   shall be constructed in accordance with the specific requirements of this ordinance herein above adopted.   In addition, all streets and alleys shall meet such other specifications as the Idaho County Road Department, or the particular highway or* road district shall have the proposed subdivisions within its boundaries.    Paving shall be required only in areas where dense population is a problem and the highway district having jurisdiction requires paving.    Should paving be required the Planning and Zoning Commission shall make specific findings of fact concerning the need for paving.

3.     Installation of Public Utilities;    Underground utilities are recommended and may be required by the Board in areas where overhead facilities would not be compatible with the surrounding properties.    However, in areas where underground facilities would be impracticable or unreasonably costly, a subdivider may apply to the Commission for a determination of the issue prior to the submission of any final plat.

4.     Storm drainage-   Prior to the submission of any final plat and as part of the previous approval required by the county engineer, such engineer shall certify that the proposed plat has an adequate storm drainage system based upon appropriate engineering standards and qualifications for the removal of the surface water.

5.     Water Supply System:   When a proposed subdivision is to be serviced by a public water supply system, fire hydrants and other required water system appurtenance shall be provided by the subdivider.   If there is no existing or accessible public water supply system, the subdivider may be required to install a water supply system for the common use of the lots within the subdivision as approved by the State Health Agency.   Individual wells may be permitted in accordance with the requirements of the appropriate local Health Agency.   The subdivider shall be required to provide a written statement from the State Health Agency approving any proposed water system.   Failure on the part of the subdivider to provide approval of the water system by the State Health Agency shall be grounds for denial of the subdivision.

6.     Sanitary Sewer System- When a proposed subdivision is to be served by a public sanitary sewage system, sanitary sewers and other required appurtenances thereto shall be provided by the subdivider as approved by the State Health Agency.   Where it is determined in the judgment of the Commission, based upon the advise of the appropriate local Health Agency, that a subdivision cannot be feasibly connected with an existing public or private sewer system cannot be provided for the subdivision, then approved individual disposal systems may be authorized which shall comply with the requirements of the appropriate Local Health Agency.    Prior to the submission of any plat to the Commission for approval, the subdivider shall provide a written statement of the State Health Agency approving any proposed sanitary sewer system to be used in the proposed subdivision. Failure on the part of the subdivider to provide approval of the sewer system by the State Health Agency shall be grounds for denial of the subdivision.

Section D.   Guarantee of Completion of Improvements

In lieu of actual installation of required public improvements before the recording of any final plat, the Board of County Commissioners may agree in writing with the subdivider that the proposed public improvements will be completed by a time to be established in the written contract that improvements contemplated under any contract shall be extended to the benefit of lots within a subdivision that are particularly affected by that improvement within no longer than one (1) year from the date of any sale of a lot to a third party.   Sale shall include a sale by deed,   installment land contract or by any other method which transfer ownership of the particular lot to a third party.    It is intended   by this provisions that subdividers shall not necessarily have to complete public improvements until they sell the lots adjacent to and benefited by the prospective improvements, but shall after sale have a timely duty to complete the improvements at the cost of the subdivider.

It shall be the obligation of the Board of County Commissioners to place within any such contract notification that in the event of the failure of the subdivider to provide the public improvements within the time allowed, the board may proceed to have the work completed.    Upon the completion of such work, and upon the filing of a verified statement of costs, the county shall be entitled to a lien for the extent of the said costs expended by the county together with lien filing costs and attorney fees.

It shall be the duty of the Board of County Commissioners to cause the said contract to be recorded in the Idaho County Recorders office with such document incorporating the legal description of the subdivided property.   Such recording shall constitute public notice of the potential claim the county might have if such work is not completed.

Should the work be successfully completed prior to any necessary county intervention, then the Board of County Commissioners shall certify for recording that the work has been completed and any future potential lien rights upon recording of such notice would be forever waived.

In the event that the county files, the lien suit shall be brought by the county within six months of the date of filing the lien to foreclose the lien on such property regardless of who the record owner might at that time be.   If the county is successful in such law suit; in addition to the cost expended by the county reasonable interest charges, attorney fees, and lien filing costs the District Court shall access a civil penalty of not less than $500 or more than $2000.

Section A.   Purpose

The purpose of this article is to identify the various types of special developments that normally pose special concerns to the Commission and elected officials when reviewing and acting upon subdivision requests. Therefore, this article outlines the general plan submittal requirements and design standards that shall be taken into consideration when acting on special developments.   The provisions of this article are in addition to the plan requirements and design standards that are required by Article III and Article [V.   The required information shall be submitted to the Administrator with the preliminary plat.

Section B.    Planned Unit Development

1.      Site Development Plan:   The developer shall provide the Commission

with a drawing or map of adequate scale to show the completed

development and will include at least the following

a.     The exterior boundary of the site.

b.    A topographic map showing contour lines at an adequate interval for the site, any major natural features such as large rock outcroppings, streams,   lakes etc:., the existing natural ground cover of the area such as trees, meadows, cropland, sage, etc. . .

Section C.    Flood Plains

1.       Flood Areas:   For any proposed subdivision that is located or partially

located within a flood plain, the developer shall provide the Commission with a development plan of adequate scale and supporting documentation that will show and explain at least the following:

a.    Location of all planned improvement:

b.    The location of the flood way and the flood way fringe per engineering practices as specified by the Army Corps of Engineers.

c.    Any planned rerouting of water channels;

d.    All major drainage ways.

e.    Areas of frequent flooding.

g.    Means of flood proofing buildings;

2.     Justifications of Development.   Upon the determination that buildings

are planned with the flood plain or that alterations of any kind   are anticipated within the flood plain area that will alter the flow of water, the developer shall, through design, demonstrate conclusively to the Commission that such development will not present a hazard to life or limb, hazard to property, adverse affects on the safety, use or stability of a public way or drainage channel.

3.      Commission’s Findings   In determining the appropriateness of

subdivision for land located within a flood plain, the Commission shall consider the objectives of this Ordinance, and at least the following:

a.    The danger to life and property due to the increased flood

b.    The danger that intended uses may be swept on to other lands or downstream to the injury of others.

c.    The adequacy of proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary condition under flood conditions.

d.    The susceptibility of the proposed facility and its contents to flood damage on the individual owner.

e.    The compatibility of the proposed uses with existing development and development anticipated in the foreseeable future.

f.     The relationship of the proposed subdivision to the comprehensive plan and flood plain management program for the area.

g.    The safety of access to the property for emergency vehicles.

h.    The expected heights, velocity,   duration,   rate of rise and sediment transport of the flood waters expected at the site.

i.    The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas electrical and water systems and streets and bridges. No subdivision or part thereof shall be approved if levees fills structures or other features within the proposed subdivision will individually or collectively significantly increase flood-flows, heights, or damages.    If only part of a proposed subdivision can be developed, the Board shall limit development to that part and shall require the developer to proceed consistent with that determination.

4.     Final Plat:   Any subdivision lying within the boundaries of any flood

plain shall clearly show on the final plat said flood plain boundaries.

Section D.  Cemeteries

1.       Function:   The developer shall provide the Commission with written documentation that will sufficiently explain if the proposed cemetery will be used for either human or animal remains or the functions that are anticipated on the property.

2.      Compliance with Idaho Code:   The developer shall submit a written statement that has been prepared by an attorney that adequately assures the compliance of the proposed cemetery with the procedural platting requirements and management requirements that are outlined in Title 27, Idaho Code.

Section E.    Mobile Home Subdivisions density in the subdivision will be so limited as to not create a substantial fire risk.    Before this requirement shall be waived, the Commission shall enter a finding in its records that there will be no substantial risk”.

Section F.    Large Scale Developments

1.       Required Information:   Due to the impact that a large scale development

would have on public utilities and services, the developer shall submit the following information along with the preliminary plat:

a.    Identification of all public services that would be provided to the development that will occur as a result of the subdivision (re: fire protection, police protection,   central water, central sewer, road construction, recreation, maintenance,   schools and other).

b.    Estimate the public service costs to provide adequate service to the development.

c.    Estimate the tax revenue that will be generated from the development, and

d.    Public means of financing the services for the development if any public services would not be offset by tax revenue received from the development.

Any subdivider or any other person desiring to either vacate a portion of an existing plat or to dedicate additional property to the county for public purposes shall comply with existing state law concerning those items.

Section A.    Purpose

Where in the case of a particular proposed subdivision,   it can be shown that strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions, or other such conditions which are not self inflicted or that these conditions which are not self inflicted or that these conditions would result in inhibiting the achievement of the objectives of this Ordinance, the Commission may recommend to the Board that a variance, modification or waiver of certain requirements be granted.    No variance shall be recommended unless the Commission finds after a public hearing:

1.      That there are such special circumstances or conditions affecting said property that the strict application of the provisions of this Ordinance would clearly be impracticable, or unreasonable.

2.      That the granting of the specified variance will not be detrimental to other property in the area in which said property is situated.

3.      That such variance will not violate the provisions of the Idaho

Code; and

4.      That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan.

5.      The public hearing required before the Commission shall be upon fifteen (15) days notice to adjoining property owners, and fifteen (15) days after one (1) publication in the Idaho County Free Press. Furthermore, the Board of County Commissioners shall not pass upon any variance unless the same notice requirements have been met, and a public hearing is held before the Board of County Commissioner in relation to the sought after variance.

6.    The subdivider shall bear all costs of publication and notice of hearing that shall be incurred by either the Commission or the Board in processing an application for variance.

Section B.    Planned Unit Development

If a developer intends to develop an area as a planned unit development “it shall be so stated as part of the presentation to the commission concerning preliminary plats and as such shall be considered automatically at variance with portions of this ordinance.    Special permission from the commission to proceed in this manner shall be obtained at the next regularly scheduled meeting after the preliminary plat has been submitted. In considering this request the commission shall take into account the nature of the proposed use of land and the existing land use in the vicinity, number of persons to reside or work proposed subdivision and its compliance with the comprehensive development plan then in effect.

Section C.    Board Approval

When a request is made for a variance, modification, or waiver of a portion of the Ordinance, the Board shall, after reviewing the Commission’s recommendations, approve or disapprove the request. This action may be taken before or at the time of Preliminary Plat approval.

Section A.    Enforcement

Enforcement in the event the Board of County Commissioners shall determine that a subdivision is being illegally subdivided contrary to the provision of this ordinance, the commission may seek to enjoin such action continuing further.

Further, and in addition to the injunctive powers set forth herein, should the Board of County Commissioners determine that illegally subdivision has already accrued in any particular insistence after the effective date of this provision; the Board of County Commissioners shall notify the subdivider, and all record owners of the land within the subdivision,   of the existing violations. The subdividers and the land owners shall then within thirty days of the receipt of notice provide evidence to the Board of County Commissioners of their intention to properly plat the existing ground in conformance with the requirements in each detail.

Furthermore, at the time the plat is submitted under this method the subdividers and the landowners shall be liable to the County in the sum of $100 for each lot sold prior to the recording of the final plat. Sale of property shall be construed to be either items of record, by delivered deed or sales by upon unrecorded installment land contracts.

In no event without the express written consent of the Board of County Commissioners should longer than six (6) months be allowed for completion of the platting process if this method is followed. In the event that evidence of the intent to plat is not submitted as hereunder required then the Board of County Commissioners shall authorize the County surveyor to plat the property. It shall be the duty of the County surveyor to plat the existing subdivision maintaining as reasonably possible the existing public improvements as already exists if the same can be reasonable corrected to conform to provisions of this Ordinance.

In the event the County surveyor is unable to conform the existing public improvements to the requirements of this Ordinance the County shall have the right to cause the necessarily required public improvements including streets of proper width to be reflected on the plat and no claim shall be made by either the subdivider or a then existing landowner or contract purchaser of the counties assumption additional property concerning a public improvements that might be necessary to comply with the terms of this Ordinance. Should the County proceed by this method the subdivider and the landowners should be jointly and severally liable to the county for all costs incurred by the County surveyor and any other incidental costs to produce the plat in conformity with the requirements hereof. Upon the determination of all such costs the County shall be entitled to claim a lien back against all property within the subdivision upon a duly recorded lien which lien must be foreclosed by a law suit of the District Court of the Second Judicial District of the State of Idaho within six (6) months of the recording of the lien. Should this method be chosen as a separate portion of the claim against the landowners and the subdividers the District Court shall impose a civil penalty of $500 per lot for each lot sold prior to the recording of the final plat.

The Board may, from time to time, amend, supplement, or repeal the regulations and provisions of this Ordinance in the manner prescribed by the Idaho Code (Section 31-715). A proposed amendment, supplement or repeal may be originated by the Board,   Commission or by petition. All proposals not originating with the Commission shall be referred to it for a report thereon before any action is taken on the proposal by the Board.

This ordinance shall be in full force and effect upon publication following passage and approval.

Regularly passed and adopted by unanimous vote on this    3^rd day of May, 1983.

BOARD OF COUNTY COMISSIONERS:

By: Douglas Higgins- Chairman

By: Lewis Crea- member

By: John Kopczynski -member