Ordinance No. 7
Subdivision Regulations For Idaho County
An ordinance providing definitions, rules and regulations for the approval of plats, subdivisions, dedications and vacations of public rights-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, except for the property within one mile outside the limits of an incorporated city under the requirements of Section 50-1306, Idaho Code, as amended, or subsequently codified.
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 impair 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 an administrator to carry out the
provisions as herein specified. The administrator shall receive and process all subdivision applications. In the event the Commission or Committee fails to act or carry out its responsibilities according to the regulations contained herein, the Board shall assume all the duties of the Commission or Committee as herein specified in relation to the application concerned.
SECTION G. COMBINING OF PERMITS
The Commission is hereby required to combine all permits which may be required in this ordinance and previously or subsequently adopted County ordinances which are relative to land development into one permit application and processing procedure. In conjunction with a combined permit, the Commission shall coordinate methods of approval with the respective departments for the purpose of reducing errors, misunderstanding, confusion and unnecessary delay for everyone involved.
SECTION H. 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, physical Commissioners.
3. Board: The Idaho County Board of County
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. Committee: That Technical Committee, appointed by the Board to assist with the technical evaluation of subdivisions, and to make recommendations to the Commission. The membership of the Committee shall include, but not be limited to, persons that are engaged in either private or public work with specific knowledge in the following areas:
a. Road design and construction;
b. Sewer and water facility design and construction;
c. Health requirements for water and sewer facilities;
d. Environment planning criteria such as, geology, water systems, vegetation, etc;
e. Solid waste; and
f. recreational and open space.
11. 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.
12. Condominiums: An estate consisting of (I) an undivided interest in common in real property, in an interest or interests in real property, or in any combination thereof, together with (II) a separate interest in real property, in an interest or interests in real property, or in any combination thereof.
13. 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.
14. 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.
15. County Recorder: The office of the County Recorder
16. Covenant: A written promise or pledge.
17. Culvert: A drain that channels water under a bridge, street, road or driveway.
18. Dedication: The setting apart of land or interests 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.
19. Developer: Authorized agents(s) of a subdivider or the subdivider himself.
20. Domestic Livestock: Cows, horses, rabbits, poultry and chinchillas on premises less than five acres in size.
21.a. Dwelling Units: Any building or other structure proposed or built for occupance by people.
21.b.Dwelling Unit (Prefab): A building or other structures, proposed or built for occpance 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.
22. Easement: A grant by a property owner to specific persons or to the public to use land for specific purposes.
23. Engineer: Any person who is licensed in the state to practice professional engineering.
24. Flood Plain: The relatively flat area or low land adjoining the channel of a river, stream or water course or 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 of 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 watercourse 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 channel which are reasonably required to carry and discharge the flood water if any watercourse.
e. “Designated floodway” shall mean a floodway whose limits have been designated and established.
f. “Floodway-encroachment lines” shall mean the lines limiting a designated floodway.
g. Floodway fringe” shall mean that part of the flood plan 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 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.
25. Governing Body: The County Commissioners of the County of Idaho, Idaho.
26. Highway: A street designated as a highway by an appropriate state or federal agency.
27. Household pets: Three or less adult dogs and/or three or less adult cats and other household domestic animals and including their offspring under six (6) months of age.
28. Improvement: Any alteration to the land or other physical construction associated with subdivision and building site developments.
29. Large scale Development: A subdivision the size of which consists of sixty (60) or more lots or dwelling units.
30. 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.
31. Lot Area: The area of any lot shall be determined exclusive of street, highway, alley, road, or other rights of way.
32. Lot types: As used in these regulations, lot types area 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. Reversed Lot is a lot with frontage on a side street or other right of way other than interior or corner lots.
33. Mobile Homes: A single family dwelling designated for transportation after fabrication on the streets and highways on its own wheels or on a flatbed of other trailers, 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.
34. Mobile Home Subdivision: A Subdivision designed and intended for residential use where residence is in mobile homes exclusively.
35. 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.
36. 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.
37. 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 held in one ownership and of record at the effective date of this
38. Owner: The Individual firm, association, syndicate, partnership, or corporation having proprietary interest in the land to be subdivided.
39. Performance Bond: An amount of money or other negotiable security paid by the subdivider or his surety to the County Clerk and Recorder which guarantees that the subdivider will perform all actions required by an approved plat, and provides that if the subdivider defaults and fails to comply with the provisions of an approved plat, the subdivider of his surety will pay damages up to the limit of the bond, or the surety will itself complete the requirements of the approved plat.
40. Planned Unit Development: A use of 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. 41. Plat: The drawing, mapping, or planning of a subdivision, cemetery, townsite 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, as required in these regulations.
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.
42. 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.
43. 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.
44. Sidewalk: That portion of the street right of way outside the street pavement, which is improved for pedestrial use. (Also known as Walkway.)
45. Standard Specifications: Shall be the specifications as may be specified in this ordinance or as officially accepted. The term “street” also includes highway, thoroughfare, parkway, road, avenue, boulevard, lane, place, and other such terms.
47. State: 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, lane, 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 collectors and/or arterial streets.
d. Commercial – A street designated for the purpose of providing traffic movement in a commercial area.
e. Cul-de-sac – A street connected to another street at on end only and provided with a turn-around space at its terminus.
f. Dead End – A street connecting to another street at one end only and not having provision for vehicular turn-around 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 Highway 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. Minot street- A street which has the primary purpose of providing access to abutting properties.
m. Partial- 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- 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 a corner lot if which the principal building is not oriented toward.
48. 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 to be the owner of the property, however he shall be an agent of the owner or have sufficient proprietary rights in the property to represent the owner.
49. Subdivision: The division of an original lot, tract, or parcel of land into more then two parts for the purpose of transfer of ownership or development; the dedication of a public street and the addition to, or creation of, a cemetery. 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 lined 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 a legal condemnation as defined and allowed in the Idaho Code.
d. Widening of existing streets to conform to the comprehensive plan;
e. The acquisition of collector and arterial street rights of way by 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 of more designated to be used solely for agricultural purposes, and which does not involve any new street dedication other than dedications widening existing streets; and
h. One division of an original parcel of land into not more than two (2) parcels each at intervals of one year or more.
50. Surveyor: Any person who is licensed in the State as a public land surveyor to do professional surveying.
51. Utilities: Installations for conducting water, sewage, gas, electricity, television, storm drains, and similar facilities providing service to and used by the public.
52. Variance: A variance is a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where owning to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
53. Vicinity Map: A small scale map showing the location of a tract of land in relation to a larger area.
Procedure for Subdivision Approval
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 sued to prevent the recording of a drawn 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 h.
SECTION B. PRE-APPLICATION
1. Application: Prior to the filing of an application for approval of a preliminary plat the subdivider shall submit six (6) copies of a sketch plan to the Administrator. The sketch plan shall include the entire developmental scheme of the proposed subdivision, in schematic form and including the area proposed for immediate development in such a form and content as required by the Commission and shall include the following:
a. The general layout of streets, blacks, and lots in sketch form;
b. The existing conditions and characteristics of the land on and adjacent to the proposed subdivision site;
c. Areas set aside for schools, parks and other public facilities.
2. Fee: None required.
3. Administrator Action: The Administrator shall submit the pre-application and/or plan to appropriate local agencies, state agencies, and if deemed appropriate to the technical review committee 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 concerns 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: Upon completion of the pre-application procedures, the subdivider may file with the Administrator a completed subdivision application form and preliminary plat data as required in this Ordinance in such form and content as required by the Commission.
2. Combining both Preliminary and Final Plats: The applicant may also request that the subdivision application be processed as both a preliminary and final plat if the following exists:
a. The proposed subdivision does not exceed ten (10) lots;
b. No new street or major
street widening are involved;
c. No major special development considerations are involved, such as development in a flood plain, hillside development or the like; and
d. All required information for both preliminary and final plat is complete and in an acceptable form.
A request to combine both preliminary plat and final plat into one application shall be acted upon recommendation by the Technical Review Committee.
3. Content of Preliminary Plat: The contents of the preliminary plat shall be in such a form and information provided as stipulated by the Commission; however, any additional maps or data deemed necessary by the Administrator may also be required.
The subdivider shall submit to the Administrator at least the following:
a. Six (6) copies of the Preliminary Plat of the proposed subdivision, drawn in
accordance with the requirements hereinafter stated; each copy of said Preliminary Plat shall be an good quality paper, shall have dimensions of not less than 24 inches by 36 inches, shall be drawn to a scale of not less than one (1) inch to one hundred (100) feet, shall show the drafting date, and shall indicate thereon, by arrow, the generally northerly direction of the land depicted;
b. Six (6) 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 Technical Review Committee to make a 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 prepared by and bear the stamp of a licensed professional engineer;
c. A written application requesting approval of the Preliminary Plat on a form prescribed by the Commission;
d. Appropriate information that sufficiently details the proposed development within any special development area, such as planned unit development, flood plain, cemetery, mobile h o m e, large scale development, hazardous and unique areas of development.
4. Requirement of Preliminary Plats: The following shall be shown on any Preliminary Plat submitted or shall be submitted with the same:
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 agricultural; 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 larger holding intended for subsequent development;
f. A vicinity map showing the relationship of the proposed plat to the surrounding area (I/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 5foot 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 site report as required by the appropriate health district where individual wells or septic tanks are proposed;
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 location, dimensions, and purpose of such;
o. Any additional required information for special developments as specified in Article VI of this ordinance; p. A statement a s 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.
5. Fee: At the time of submission of an application for a preliminary plat a fee of twenty-five dollars ($25.00) plus one dollar ($1.00) per lot shall be paid by the subdivider. There shall be no additional fee for the combining of the preliminary and final plats.
6. Administrator Review:
a. Certification: Upon receipt of the preliminary plat, and all other required data as provided for herein, the Administrator shall certify the application as complete and shall affix the date of application acceptance thereon. He shall, thereafter, place said preliminary plat on the agenda for consideration at the next regular meeting of the Technical Review Committee which is held not less than ten (10) days after said date of certification no more than forty-five (45) days thereafter.
b. Review by other Agencies: Based upon the response from those agencies contacted in the pre-application process and whether or not the preliminary plat has been revised, the Administrator may refer the preliminary plat and application to as many agencies as deemed necessary. Such agencies may include the following:
(1) Technical Review Committee members;
(2) Other governing bodies having joint jurisdiction;
(3) Appropriate utility companies, irrigation companies or districts, drainage districts;
(4) Superintendent of the school district in which the proposed subdivision is located; and
(5) Other agencies having an interest in the proposed subdivision.
c. Administrator Review: Upon expiration of the time allowance for department and agency review, the Administrator shall compile the recommendations received. In the event changes in the preliminary plat are recommended, the Administrator shall make the subdivider aware of these recommendations so that he may either immediately revise, or agree to revise, the preliminary plat, or be prepared to discuss the recommended changes with the Technical Review Committee.
7. Technical Review Committee Recommendation:
a. The Technical Review Committee shall review the preliminary plat from the
viewpoint of the technical disciplines represented on the Committee.
b. The Committee shall make a recommendation to the Commission on each preliminary plat and special request that is made by subdivider that is considered by the Committee. The recommendation and the reasons for such recommendation shall be stated in writing, copies of which signed by the Administrator, shall be forwarded to the applicant and to the Commission. The statement shall also include any recommendations by the Committee to the applicant as to how deficiencies or shortcomings of the preliminary plat might be overcome; and
c. The preliminary plat shall be placed on the agenda of the next regular Commission meeting which is held not less than fourteen (14) days after the Committee meeting.
8. Commission Action:
a. Hearing by Commission: The Commission shall review the preliminary plat, the report from the Committee, comments from concerned persons and agencies and the report from the Administrator to arrive at a decision on the preliminary plat at the next eligible meeting.
b. Action on Preliminary Plat: The Commission may approve, approve conditionally, disapprove, or table the preliminary plat for additional information. The action, and the reasons 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 action, together with a copy of the preliminary plat to the Board for their information and record.
c. Action on Combined Preliminary and Final Plat: If the Commission’s conclusion is favorable to the subdivider’s request and recommendation from the Technical Review Committee that the subdivision be considered as both a preliminary plat and final subdivision, then a recommendation shall be forwarded to the Board in the same manner as herein specified for a final plat. The Commission may recommend that the combined application be approved, approved conditionally, or disapproved.
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. Such appeal must be submitted to the Board within twenty (20) days from such Commission action.
10. Approval Period:
a. Failure to file and obtain the certification of the acceptance of the final plat application by the Administrator within one (1) year after action by the Commission shall cause all approvals of said preliminary plat to be null and void, unless an extension of time is applied for and granted by the Commission.
b. In the event that the development of the preliminary plat is made in successive segments in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of one (1) year may be considered for final approval without resubmission for preliminary plat approval.
SECTION D. FINAL PLAT
1. Application: After the approval or conditional approval of the preliminary plat, the subdivider may cause the subdivision, or any part thereof, to be surveyed and a final plat prepared in accordance with the approved preliminary plat. The subdivider shall submit to the Administrator the following.
a. Three (3) copies of the final plat.
b. Three (3) copies of the final engineering construction drawings for streets, water, sewers, sidewalks and other public improvements.
2. Content of Final Plat: The final plat shall include and be in compliance with all 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-Inch by 24-inch drawing paper, with no part of the drawing nearer to the edge than one (1) 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 and other information. The final plat submittal shall include at least the following:
a. A written application for approval of such final plat as stipulated by the Commission:
b. Proof of current ownership of the real property included in the proposed final plat;
c. Such other and further information as the Administrator or Commission may deem necessary to establish whether or not all proper parties have signed and/or approved said final plat;
d. Conformance with the approved preliminary plat and meeting all requirements or conditions thereof;
e. Conform to all requirements and provisions of this Ordinance; and
f. Acceptable engineering practices and local standards.
3. Fee: At the time of submission of an application for a final plat, a fee of twenty five dollars ($25.00) shall be paid by the subdivider.
4. Administrator Review:
a. Acceptance: Upon receipt of the final plat, and compliance with all other requirements as provided for herein, the Administrator shall certify the application as complete and shall affix the date of acceptance thereon.
b. Resubmittal of Final Plat: The Administrator shall review the final plat for compliance with the approved or conditionally approved preliminary plat. If the Administrator determines that there is substantial difference in the final plat than that which was considered as a preliminary plat or conditions which have not been met, the Administrator may require that the final plat be submitted to the Technical Review Committee and Commission in the same manner as required in the preliminary plat process.
c. Submission to the Board: Upon the determination that the final plat is in compliance with the preliminary plat and all conditional requirements have been met, t h e Administrator shall place the final plat on the Board agenda within thirty (30) days from the date that an acceptable final plat application was received and acknowledged by the Administrator.
5. Agency Review: The Administrator may transmit one copy of the final plat, or other documents submitted, for review and recommendation to the same departments and agencies, or others as he may deem necessary to insure compliance with the preliminary approval and/or conditions of preliminary approval. Such agency review shall also include the construction standards of improvements, comp1iance with health standards, the cost estimate for all improvements and the legal review of the performance bond.
6. Board Action: The Board at its next meeting following receipt of the Administrator’s report shall consider the Commission’s findings, comments from concerned persons and agencies to arrive at a decision on the final plat. If said final plat conforms to the requirements of this Ordinance applicable at the time of approval of the preliminary plat, and the requirements of the Idaho State law, the Board shall approve, approve conditionally, disapprove, or table the final plat for additional information.
7. Method of Recording:
Upon approval of the final plat by the Board and the inclusion of the following signatures on 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. Certification and signature of the County Engineer verifying that the subdivision meets the County requirements and has been approved by the Board; and
c. Certification and signature of local or state health agency that all health requirements have been complied with.
8. Recording Period: Final plat and covenants, if any shall be filed with the County Recorder within one (1) year after written approval by the Board; otherwise, such approval shall become null and void unless prior to said expiration date an extension of time is applied for and granted by the Commission. A map or drawing made to cover any case in the subdivision exclusions (Article II, Paragraph 49) shall be accepted for recording by the C o u n t y Recorder without Board approval; provided said plat has been certified by a licensed surveyor or engineer.
ARTICLE IV DESIGN STANDARDS
SECTION A. MINIMUM DESIGN STANDARDS REQUIRED
All plats submitted pursuant to the provisions of this Ordinance, and all subdivisions, 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 Topography: 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 provisions are made for service access and off-street loading and parking. Dead end alleys shall be prohibited in all cases;
7. Cul-de-sac Streets: Cul-de-sac streets shall not be more than 900 feet in length and shall terminate with an adequate turn-around having a minimum radius of fifty (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 tract; and
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 —- …—– 120 feet
Minor Arterial _…..__ 80 feet
Collector Street ———- 60 feet
Local Street —————- 50 feet
2. Street Grades: Street grades should not exceed twelve percent (12%) on either local or collector streets, and no street grade shall be less than one-half of one percent (0.5%).
3. Street Alignment shall be as follows:
a. Horizontal Alignment: When street lines deflect from each other by more than ten (10) degrees in alignment, the centerlines shall be connected by a curve having a minimum radius of two hundred (200) feet for arterial streets, one hundred fifty (150) feet for collector streets and one hundred (100) feet for minor streets.
b. Vertical alignment: Minimum sight distances shall be two hundred (200) feet for minor streets and three hundred (300) feet for collector and other streets.
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. INTERSECTIONS
Intersections shall conform to the following:
1. Angle o4 Intersection: Streets shall intersect at ninety (90) degrees or as closely thereto 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” Intersections: “I” Intersections maybe used wherever such design will not unduly restrict the free movement of 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 Idaho State Health department 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 uniformly 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 and 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 down-grade and contiguous to subject subdivision;
b. the strata formation of the proposed subdivision for a depth of sixteen (16) 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 provide 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 areas to be served as follows:
a. public water and public sewage disposal service – 8,040 sq. ft. per lot;
b. individual well and individual sub-surface sewage disposal service – 20,000 sq. ft. per lot;
c. on lots in recreational areas where all animals are excluded by restrictive covenants, except household pets and horses, the minimum lot sizes shall be increased at the rate of one-half acre per horse kept on premises;
d. in suburban areas where all animals are excluded by restrictive covenants except household pets as defined in Article II, Sec. B, Paragraph 27, of this ordinance, and domestic animals as defined in Article II, Sec. B, Paragraph 20, of this ordinance, the minimum lot size shall be increased at the rate of one-half acre per horse and at the rate of one-quarter acre per cow kept on the premises;
e. 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 Idaho State Department of Health, or a duly appointed local health board, 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 otherwise be deemed to be uninhabitable shall not be platted 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 space.
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. Lots extending through a block and having frontage on two (2) local streets shall be prohibited.
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 provides and dedicates Adequate public open space and improvements for circulation, recreation, education, light, air, and service needs 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 administration, 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. Such construction plans shall be based on preliminary plans which have been approved with the preliminary plats, and shall be prepared in conjunction with the final plat. Construction plans are subject to approval by the responsible public agencies. All construction plans 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 50-1313, Idaho Code.
2. Streets and Alleys: All streets and alleys shall be constructed in accordance with the standards and specifications adopted by the Board.
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.
4. Storm Drainage: An adequate storm drainage system shall be required in all subdivisions.
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 State Department of Environmental and Community Services. Individual wells may be permitted in accordance with the requirements of the appropriate health district.
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 Department of Environmental and
Community Services. Where it’ is determined in the judgement of the Commission, based upon the advice of the appropriate health district, that a subdivision cannot be feasibly connected with an existing public or private sewer system or that a 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 health district.
SECTION D. GUARANTEE OF COMPLETION OF IMPROVEMENTS
1. Financial Guarantee Arrangements: In lieu of the actual installation of required public improvements before filing of the final plat, the Board may permit the subdivider to provide a financial guarantee of performance in one or a combination of the following arrangements f o r those requirements which are over and beyond the requirements of any other agency responsible for the administration, operation and maintenance of the applicable public improvement.
a. Surety Bond:
1) Accrual: ‘Me bond shall accrue to the County covering construction of the specific public improvement;
2) Amount: The bond shall be in an amount equal to the one hundred ten percent (110%) of the total estimated cost for completing construction of the specific public improvement, as estimated by the County engineer and approved by the Board;
3) Term Length: The term length in which the bond is in force shall be for a period to be specified by the Board for the specific public improvement;
4) Bonding for Surety Company: The bond shall be with a surety company authorized to do business in the State of Idaho, acceptable to the Board; and
5) The escrow agreement shall be drawn and furnished by the Board:
b. Cash Deposit, Certified Check, Negotiable Bond, or Irrevocable Bank Letter of Credit:
1) Treasurer, Escrow Agent or Trust Company: A cash deposit, certified check, negotiable bond, or an irrevocable bank letter of credit, such surety acceptable by the Board shall be deposited with an escrow agent or trust company;
2) Dollar Value: The dollar value of the cash deposit, certified check, negotiable bond, or an irrevocable bank letter of credit, shall be equal to the one hundred ten percent (110%) of the total estimated cost of construction of the specific public improvement, as estimated by the County engineer and approved by the Board;
3) Escrow Time: The escrow time for the cash deposit, certified check, negotiable bond, or irrevocable bank letter of credit, shall be for a .period to be specified by the Board; and
4) Progressive Payment: In the case of cash deposits or certified checks, an agreement between the Board and the subdivider may provide for progressive payment out of the cash deposit or reduction of the certified check, negotiable bond or irrevocable bank letter of credit, to the extent of the cost of the completed portion of the public improvement, in accordance with a previously entered into agreement.
2. Condition Approval of Final Plat: With respect to financial guarantees, tae approval of all final subdivision plats shall be conditioned on the accomplishment of one of the following:
a. The construction of improvements required by this ordinance shall have been completed by the subdivider and approved by the Board.
b. Surety acceptable to the Board shall have been filed in the form of a cash deposit, certified check, a negotiable bond, irrevocable bank letter of credit or surety bond.
3. Inspection of Public Improvements Under Construction: Before approving a final plat and construction plans and specifications for public improvements, an agreement between the subdivider and the Board shall be made to provide for the subdivider’s engineer to inspect the construction and its conformity to the submitted plans. Said engineer shall certify that the construction has been completed and is in substantial conformance with the approved plans.
4. Penalty in Case of Failure to Complete the Construction of a Public Improvement: In the event the subdivider shall, in any case, fail to complete such work within the period of time as required by the conditions of the guarantee for the completion of public improvements, it shall be the responsibility of the Board to proceed to have such work completed. In order to accomplish this, the Board shall reimburse itself for the cost and expense thereof by appropriating the cash deposit, certified check, irrevocable bank letter of credit or negotiable bond which the subdivider may have deposited in lieu of a surety bond, or may take such steps as may be necessary to require performance by the bonding or surety company, and as included in a written agreement between the Board and the subdivider.
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 IV. 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.
c. The proposed development including buildings, building sites, common areas, streets, (labeled public or private) or any other proposed development.
2. Private Streets: Private street construction standards shall be based upon recommendations from the County Road Superintendent and Administrator. Adequate construction standards may vary depending on the size of the development and the demands placed on such improvements.
3. Home Owners’ Association: Home Owners’ Association bylaws and other similar deed restrictions, which provide for the control and maintenance of all common areas, recreation facilities or open space shall meet with the approval of the Board. Any and all powers as specified in such agreements may be required to also be assigned to the County to insure continued and adequate maintenance of all such common areas, recreational facilities and open spaces, ability to assess property for delinquencies, and enforcement of motor vehicle speed to the best interests of the owners involved and of the general public.
4. Open Space: The location of open space shall be appropriate to the development and shall be of such shape and area to be useable and convenient to the residents of the development.
5. Public Utilities:
a. Water and Sewage: Method of supplying these facilities shall be shown and shall
have the approval of the Health Department.
b. Garbage and Trash Disposal: Method and area of disposal shall be shown.
c. All other utilities: Utilities commonly supplied to developed areas such as electricity, telephone, and gas shall be shown if included in the development. Any alternative to these public utilities shall be shown.
6. Control During Development: Sing1e ownership or control during development shall be required and a time limit may be imposed to guarantee the development is built and constructed as planned.
7. Final Plat: Should clearly show the following items in
addition to the normal subdivision requirements.
a. All buildings and their proposed use.
b. All roads clearly labeled public or private.
c. All open space and common areas and their proposed uses.
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 improvements;
b. The location of the flood way and the flood way fringe per engineering practices as specified by the Army Corps of Engineers;
c. The location of the present water channel;
d. Any planned rerouting of waterways;
e. All major drainage ways; f. Areas of frequent flooding;
g. Means of flood proofing buildings;
2. Justification for 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 heights or velocities caused by subdivision fill, roads, and intended uses;
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 conditions under flood conditions;
d. The susceptibility of the proposed facility and its contents to flood damage and the effect of such 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 in times of flood;
h. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site; and
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 safely 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 and the functions that are anticipated on the property.
2. Compliance with Idaho Code: T h e 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 SUBDIVISION
1. General: Mobile home subdivisions shall in general be treated the same as any residential subdivision, subject to any special requirements set forth in the Zoning Ordinance and also subject to the following special requirements.
2. Special Requirements: Mobile home subdivisions shall be subject to the following special requirements:
a. Developed as a planned unit development. As such it is subject to the requirements of Section B, Article VI.
b. Screening from adjacent areas, other than subdivisions of the same type, by aesthetically acceptable fences, walls, living planting areas, and existing natural or man-made barriers.
c. The width and construction of access streets shall be suitable for the vehicular traffic requirements of the property served. No lot within the development should have direct vehicular access to a street bordering the development.
d. A Home Owner’s Association may be created to assure that all common open areas are adequately maintained.
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.
VACATIONS AND DEDICATIONS
SECTION A. APPLICATION PROCEDURE
1. Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement, or desiring to dedicate a street right of way, or easement shall complete and file an application with the Administrator and also file such other applications as are otherwise required by law. These provisions shall not apply to the widening of any street which is shown in the Comprehensive Development Plan, or the dedication of streets, rights of way, or easements to be shown on a recorded plat of a subdivision.
2. Administrator Action: Upon receipt of the completed application and other information as he may require, the Administrator shall affix the date of application acceptance thereon. He shall, thereafter, place said application on the agenda for consideration at the next regular meeting of the Commission which is held not less than fifteen (15) days after said date of acceptance.
SECTION B. ACTION
1. Commission Recommendation: The Commission shall review the request of all agency response and make a recommendation to the Board for either approval, conditional approval or denial.
2. Board Action:
a. When considering an application for vacation procedures, the Board shall establish a date for a public hearing and give such public notice as required by law. The Board may approve, deny, or modify the application. Whenever public rights of way or lands are vacated, the Board shall provide adjacent property owners with a quit claim deed for said vacated rights of way in such proportions as are prescribed by law.
b. When considering an application for dedication procedures, the Board may approve, deny, or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the Board a deed describing and conveying such lands to be recorded with the County Recorder.
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, o t h e r physical conditions, or other such 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; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved;
2. That the granting of the specified variance will not be detrimental to the public welfare or injurious 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.
SECTION B. PLANNED UNIT DEVELOPMENT
If a developer intends to develop an area as a “Planned Unit Development”, this shall be so stated on the pre-application for Preliminary Plat and as such shall be considered to be 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 application submission. In considering this request, the Commission shall take into account the nature of the proposed use of the land and the existing land use in the vicinity, the number of persons to reside or work in the proposed subdivision and its compliance with the Comprehensive Development Plan in effect.
SECTION C. BOARD APPROVAL
When a request is made for a variance, modification, or waiver of a portion of this 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.
ENFORCEMENT AND PENALTIES
SECTION A. ENFORCEMENT
No subdivision plat required by this Ordinance or the Idaho Code shall be admitted to the public land records of the county or recorded by the County Recorder, until such subdivision plat has received final approval by the Board. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by this Ordinance until the final plat has received the approval by the Board.
SECTION B. PENALTIES
Penalties for failure to comply with the provisions of this Ordinance shall be as follows: “Violation of any of the provisions of this Ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. Each day such violation continues shall be considered a separate offense. The land owner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the Board or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this Ordinance or of the Idaho Code.”
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 18 day of April, 1974.
Board of County Commissioners:
By: Lewis A. Crea Chairman
By: Ray F. Terhaar, Member
By: Eugene Q. Olmsted, Member