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7. Subdivision Regulations

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:

ARTICLE I
GENERAL PROVISION
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.

ARTICLE II
DEFINITION
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.

Article III
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.

9. 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. 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.

ARTICLE V
IMPROVEMENT STANDARDS
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.

ARTICLE VI
SPECIAL DEVELOPMENTS
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.

ARTICLE VII
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.

ARTICLE VIII
VARIANCES
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.

ARTICLE IX
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.”

ARTICLE X
AMENDMENT PROCEDURES
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.

ARTICLE XI
EFFECTIVE DATE
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

 

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