138 Subdivision Ordinance
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ORDINANCE NO. 138
AN ORDINANCE REGULATING PLATTING, RE-PLATTING AND RECORDING OF SUBDIVISIONS OF
LAND WITHIN THE CITY OF MERIDIAN, IDAHO, AND WITHIN ONE MILE OUTSIDE THE CORP-
ORATE LIMITS THEREOF: DEFINING THE TERMS HEREOF; ESTABLISHING STANDARDS FOR
PLATTING PROCEDURES, TENTATIVE PLATS, AND FINAL PLATS; PROVIDING THAT COPIES OF
ALL FINAL PLATS BE FURNISHED TO SAID CITY; ESTABLISHING STANDARDS AND/OR PRO-
CEDURES FOR THE LAYING OUT OF STREETS, ALLEYS, EASEMENTS, BLOCKS, LOTS, CURBS
AND GUTTERS, SIDEWALKS, DOMESTIC WATER, SANITARY SEWERS, STORM SEWERS, AND
SERVICE CONNECTIONS: MAKING THE OWNER AND SUBDIVIDER RESPONSIBLE FOR THE INSTAL-
LATION OF STREET IMPROVEMENTS, CURBS AND GUTTERS, SANITARY SEWERS, STORM SEWERS,
WATER MAINS, AND SERVICE CONNECTIONS; REQUIRING THE DEDICATION OF STREETS, ALLEYS,
EASEMENTS AND CROSSWALKS WITHIN ALL SUBDIVISIONS; ESTABLISHING PENALTIES FOR
VIOLATIONS OF THE ORDINANCE; REPEALING ORDINANCES AND PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING WHEN THE ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, STATE
. OF IDAHO.
That from the effective date of this ordinance no person shall subdivide
any tract of land which is located wholly or in part in the City of Meridian,
Idaho, or within one mile of the corporate limits of said City unless he shall
first have or cause to have made a plat thereof as required by Title 50, Chapter
25, of the Idaho Code and as set forth within this ordinance. It shall be un-
lawful to receive or record any plat or re-plat within the above said boundaries
. until the Mayor and Council of Meridian shall have approved such plat and it
shall bear thereon the approval, by endorsement of the Mayor and the City Clerk
of said City.
SECTION I.--DEFINITIONS--For the purpose of this ordinance, .the following
terms, , phrases, words, and their derivations shall have the meaning given herein.
When not inconsistent with the context, words used in the present tense include
the future, words in the plural number include the singular number, and words in
the singular number include the plural number.
a. "Alley" (see streets)
b. "City" is the City of Meridian, Idaho
c. "Cbunty Recorder" is the Office of the County Recorder of Ada ~nty,
Idaho.
d. "Crosswalk" is a public right of way for pedestrian traffic.
e. "Dedication" is the deliberate 'appropriation of land by its owner for
any general and public uses, reserving to himself no other rights than such as
are compatible with the full exercise and enjoyment of the public use to which
the property has been devoted. .
f. "Final Plat" is the final map, drawing, or chart-on which the subdivi-
sion is presented to the City for approval, and which, if approved, will be
submitted to the County Recorder for recording.
g. "Master Plan" is a comprehensive plan, to be prepared by the City,
which indicates the general locations recommended for the various functional
classes bf public works, places and structures and for the general physical
development of the City and includes any unit or part of such plan separately
adopted and any amendment to such plan or part thereof. In the absence~ of any
formally adopted plan, the general policy of the City on the matter in question
will govern.
h. ''May'' is permissive at the option of the person, persons, or agencies
referred to in the sentence where used. .
i. "Owner" is any individual, firm, association, syndicate, em-partner-
ship, corporation, trust or any other legal entity having sufficient proprie-
tary interest in the land sought to be subdivide~ to commence and maintain pro-
ceedlngs to subdivide the same under this ordinance.
j. "Zoning and Planning Cbmmission" shall be the Meridian City Zoning and
Planning Commission as established by Title II, Chapter 4 and Title IV, Chapter I
of the City Cbde of Meridian.
k. "Print". shall mean any copy of an original which reproduces exactly the
original drawing from which it is made.
1. "Shall" is always mandatory and not merely directory.
m. "S~treet" is a way for vehicular traffic, whether designated as a street,
avenue, boulevard, highway, thoroughfare, parkway, throughway, road, lane, place,
alley, or however otherwise designated.
1. "Alley" is a minor way which is used primarily for vehicular service
access to the back or the side of properties otherwise abutting on a
street.
2. "Arterial" or Major Street" is a fast or heavy traffic street of
considerable continuity and used primarily as a traffic artery for inter-
communication among large areas.
3. "Collector or Secondary Street" is a street which carries. traffic
from minor streets and which serves for the circulation of traffic in
residential areas or developments.
4. "Cul-de-Sac or Dead-end Street" is a minor street with only one
outlet.
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5. '~ocal or Minor Street" is a street used primarily for access to the
abutting properties and which shall be laid out so that its continuity
in anyone segment is not over 660 feet from end to end.
6. "Marginal Access street" is a street which is parallel and adjacent to
arterial streets and which provides access to abbutting properties and
protection from through traffic.
n. "S'ubdivider" is any individual, firm, association, syndicate, corporation,
trust or other legal entity commencing proceedings under this ordinance to effect a
subdivision of land hereunder for himself or for another.
o. "Subdivision" is the division of a developed or undeveloped tract or parcel
of land into three (3) or more parts for the purpose, whether immediate or future, of
sale or of building development; provided, that if anyone person within one calendar
year divides any tract into three (3) or more parts, or if a new street is involved
in any division of a parcel of land, such land shall be deemed a subdivision within
the meaning of this ordinance. Provided however, that this definition of ,a subdivi-
sion shall not include a bona fide division or partition of agricultural land in par- 1-
eels of more than five (5) acres for agricultural purposes, nor shall it include the
division of property which is within a duly zoned commercial or industrial district
for commercial or industrial development where no new streets are required or are to
be dedicated for public use; nor shall it include or apply to the allocation of land
in the settlement of an estate, or a court decree for the distribution of property;-
nor shall it apply to the sale or conveyance of any partcelof land which may be shown
as a portion of a platted lot having two (2) acres or less, said lot being in a sub-
division of which a plat heretofore has been recorded in the land records of Ada
County, Idaho.
SECTION II.--APPROVAL OF SUBDIVISION PLAT--No plat shall be recorded or offered
for record until the plat has been reviewed by the Zoning and Planning Commission and
approved by the Mayor and Council of Meridian and shall bear thereon the approval, by
endorsement, of the Mayor and the City Clerk of said City. .
SECTION III.--VIOLATION AND PENALTY--Ahy person, firm orcorporation violating
within the City of Meridian any regulation of this ordinance shall be guilty of a mis-
demeanor and upon conviction thereof shall be fined not more than THREE HUNDRED and NO!
100 ($300.00) DOLLARS. Each and every day during which the violation continues shall
be deemed a separate offense.
SECTION r'1J.--APPEALS--Any aggrieved person whose plat has been rejected or dis-
approved by the Zoning and Planning Commission may petition the Mayor and Council of
the City of Meridian for a hearing to review the action of the Zoning and Planning
Commission.
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SECTIONiV.--PERMITS--No permits shall be issued by an administrative officer of
the City for the construction of any building or other improvement requiring a permit,
upon any land for which a plat is required by this ordinance, unless and until the re-
quirements of the ordinance have been complied with. .
not be longer
around having
curb face and
f.
right ancles
degrees.
SECTION VI.--GENERAL REQUIREMENTS--
I. Street Requirements::
a. All streets i~ the subdivision must conform to the master plan of the City.
b. The alignment and width of previously platted streets when extended shall
be preserved unless topographical conditions make a modification advisa~le.
c. Where a subdivision abuts or contains an existing or proposed ~rterial
street, the Mayor and Council may require marginal access streets, reverse frontage
with screen planting contained in a non-access reservation along the rear property
line, deep lots wfth rear service alleys, or such other treatment as may be necessary
for~dequate protection of residential properties and to afford separation of through 1
and local traffic.
d. Street right of way width is to be measured from property line to property
line. The minimum right of way of streets so measured shall be:: -
For local or minor streets~-------------------------------_______6o feet
For collector or secondary streets----------~------------------_-60 feet
For section line and one-quarter section line streets------------CConform to
; Master Plan)
Minimum width or" roadway Cface to face of curb) shall be::
For local or minor streets-----------------------------__________3b feet
For collector or secondary streets------------~----------________40 feet
For arterial or major streets which may include some section or
quarter section lines------------------------------___64 feet or more
e. Cul-de-Sac or Dead-end streets, designed to be so permanently, shall
than 400 feet and shall be provided at the closed end with a turn-
an outside roadway diameter of at least eighty (80) feet curb face to
a street property line diam~ter of at least nine~y (90) feet.
Streets shall be laid out so as to intersect as nearly as possible at
and no street shall intersect any other street at less than eighty (80)
g. Minor streets shall be. so laid out that their use by thro~gh traffic
will be discouraged.
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h. The arrangement,'..olstreets in new subdivisions shall make reasonable
provisions for the continuation of the principal existing streets in adjoining
subdivisions, or their proper projections in future sub-dividing of adjoining
. property. ..'
The street and alley arrangement must also be such as to cause no
hardship to owners of adjoining property when they plat their land and seek to
provide for convenient access thereto. This arrangement must also provide for
continuing a reasonable number of through utility lines.
i. Minimum street grades of 0.2~ will be required with the maximum
grade being 7.0% for secondary and major streets and 10.0% for local .or minor
streets. Where the observance of these, standards is impossible the City Engineer
shall review the situation before an exception may be granted.
j. All streets and alleys shall be completed by the subdivider in
accordance with plans and specifications which have been officially approved by
the City Engineer and whic~ includes bituminous paving of streets.
k. Where street lines within a block deflect from each other at any
one point more than five (5) degrees there shall be a connecting curve. The
radius of the curve for the inner street line shall be not less than 700 feet
for an arterial or major street, 250 feet for a collector or secondary street,
and 50 feet for a local or minor street.
1. Curbs at street intersections shall be rounded with curves having
a minimum radius of the ten (10) feet.
m. Reserve strips on outer boundaries of a subdivision may be estab-
lished to control access to a partial width street, upon approval by the Mayor
and Council and provided that such subdivision be accompanied by agreement to
dedicate such strip or strips when sufficient ground is made available for public
use to permit widening of said strip to its normal width. No other reserve strip
controlling access:to public ways shall be permitted, except when the control and
disposition of land comprising such strips are placed within the jurisdiction of
the City under conditions specified by the Mayor and Council and attached to the
plat.
" n. street name signs shall be erected by the City in accordance with
City Standard Specifications.
o. All streets and alleys within the subdivisions will be required to
be dedicated for public use. The dedication of half streets in any subdivision
is prohibited except where essential to the reasonable development of ' the sub-
division in conformity with the other requirements of these rules and where the
Mayor and Council finds it will be practicable to require the dedication of the
other half when the adjoining property is subdivided. Wherever there is'an ex-
isting half street rig~t of way adjacent to a tract to be subdivided, the other
half of the street right of way shall be platted within such new tract.
p. Side walks, if and when constructed, shall be of concrete and shall
be a minimum of five (5) feet in width and may be wider in areas near shopping
centers, schools, or' where pedestrian traffic may warrant a greater width.
2. Alleys and Easements:: ..
a. The minimum width of any dedicated alley shall be twenty (20) feet.
Alleys may be required along the rear line of business property, and in the rear
of alllot$ fronting major thoroughfares.
b. Where alleys are not provided easements of not less than ten (10)
feet in width shall be dedicated on each side of all rear lot lines and five (5)
feet on each side lot lines where necessary for poles, wires, conduits, storm or
sanitary sewers, gas and water lines. Easements of greater width may be required
alo~g lines across lots or along boundaries where necessary for surface drainage
or for the extension of main sewers or other utilities.
c. Alley intersections and sharp changes in alignment shall be avoided,
but where necessary, corners shall be cut off sufficiently to permit safe vehicu-
lar movement.
d. Dead-end alleys shall be avoided where possible,. but if unavoidable
shall be provided with adequate turn-around facilities at the dead-end as determ-
ined by the Mayor and Council. .
e. Crosswalk easements for pedestrians shall be provided where deemed
essential to provide circulation or access to schools, playgrounds, shopping
areas, transportation or any other community facilities. The said crosswalk ease-
ments shall have a minimum width of six (6) feet and shall be improved with a con-
crete walk over the full width of the easement with proper fencing on each side of
the easement.
3. Blocks:;
a. The length, width and shape of blocks shall be determined with due
regard to adequate building sites suitable to the special needs of the type of use
contemplated; the zoning requirements as to lot sise an~ dimensions; the need for
convenient access, circulation, control and safety of street traffic; and the lim-
itations and opportunities of topography.
b. Block lengths shall not exceed 1000 feet.
4. Lots:
a. ~l lots shown on the subdivision plat must conform to the minimum
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requirements of the zoning ordinance. (Chapter 4, Section 2-401-427)
b. Side lines of lots shall be approximately at right angles or radial to
the street lines unless a variation will give a better street and lot plan. All cor-
ner lots shall have a minimum radius of twenty (20) feet on the property line.
c. Double frontage lots shall be prohibited except where unusual topography
or other conditions makes'it impossible to meet this requirement.
d. All rennants of lots below minimum size left over after the subdividing
of a larger tract must be added to adjacent .lots rather than allowed to remain as un-
useable parcels.
SECTION VII.--TENTATIVE PLAT REQUIREMENTS--In seeking to subdivide land into
building lots and to dedicate streets, alleys, or other land for public use, the owner
or owners shall submit two (2) copies of a tentative plat to the Zoning and Planning
Commission for its approval. The tentative plat shall be submitted at least two (2)
days before a Zoning and Planning Commission meeting date. The Zoning and Planning
Commission shall act on the application within ten(lO) days from the first meeting
at which the plan was formally presented unless an extension 0 f time is agreed to by
the subdivider. -
The tentative plat so prepared by the subdivider and formally file with the Zon-
ing and Planning Commission shall contain the following ,information:
1. The proposed name of the subdivision.
2. The location of the subdivision as forming a part of some larger tract
or pa~cel of land referred to in the records of the County.Recorder.
3. The names and addresses of the subdivider, the engineer or-surveyor of
the subdivision, and the owner of the land immediately adjoining the land to be
platted.
4. A contour map at appropriate contour intervals to show the general top-
ography of the tract.
5. The boundary lines of the tract to be subdivided shall be accurate in
scale and bearing.
6. The location, width, and other dimensions of all existing or platted
streets and other important features such as railroad lines, water courses, easements,
exceptional topography, etc., within and contiguous to the tract to be subdivided.
7. The approximate location of existing sanitary sewers, storm drains,
water supply mains, fire hydrants, and culverts within the tract and immediately ad-
jacent thereto.
8. The location, widths, and other dimensions of proposed streets, alleys,
easements, parks, lots, and other open spaces.
9. The proposed lot and block numbers.
10. All parcels of land intended to be dedicated for public use or reserved
for the use of all property owners with the purpose indicated.
11. -The proposed names of all the streets whether new or continuous. The
new street names must not be the same or similar to any other street names used in
the City.
12.
13.
14.
North point, scale and date.
The zoning requested for each are~ if not already zoned.
The sewer lines showing location, size, and connections onto existing
lines.
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Where needed and upon the request. of the Zoning and Planning Commission the
following information shall be furnished::
(a) the cross section of proposed streets showing widths of roadways and location of
sidewalks, (b) the proposed method of handling storm sewers within the tract.
One tentative plat shall be d~awn to a scale of one (1) inch to 100 feet
and another tentative plat shall be drawn to a scale of one (1) inch to 300 feet.
One (1) copy of the- approved tentative plat will be kept on file for I
public examination at the office of the City Clerk, and on (1) copy returned to the
owner. Such approval of the tentative plat shall be valid for a period of two (2)
calendar years unless an extension of time is applied for and granted by the Zon-
ing and Planning Commissi.on.
SECTION VIII.--REQUIREMENTS OF THE FINAL PLAT-- The final plat must be submitted
to the Zoning and Planning Commission for final review within two (2) ye~rs afte~' the
approval of the tentative plat and no plat shall be recorded or offered for record
nor shall any land be recorded or offered for sale with reference to such a plat un-
til said plat has been duly approved as indicated in Section II of this ordinance.
Final approval of the plat shall be secured from the Zoning and Planning Com-
mission and from the Mayor and Council, otherwise the subdivider will b~ duly notified
of its rejection by said body. The Zoning and Planning Commission shall act gn the
application for approval of the final plat within ten (10) days from the. first meet-
ing at which the final plat was formally presented unless an extension of time is
agreed upon by all concerned.
The double-mounted plat sheet and one linen tracing of that portion commonly re-
ferred~ a5 the front side of the plat must be prepared in accordance with Title 50,
Chapter 25 of the Idaho Code.. One duplicate tracing, such as a sepia, for both the
front and back side of the plat must be prepared and filed with the Office of the
City Clerk.
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The original dQuble-mounted plat sheet, the linen tracing and the additional
duplicate~racings together with two (2) prints shall be submitted to the Zoning
and Planning Commission for its review at least two (2) days before the Commis-
sion meeting at which the plat is to be considered. If approved, the tracings
and the double-mounted plat sheet shall have endorsed thereon the re~~ired ap-
provals.Upon final appraval the subdivider will take the drawings to the County
Recorder for recording and return the duplicate tracings for the City of th~
Office of the City Clerk and the County Recorder shall have attested the liIOntent
on the tracing for the City to be the same that has been recorded with the Cbunty~
~e plat shall be so drawn that the top of the sheet either faces North or
West, preferably North, whichever accommodates the drawing best. All lines, di-
mensions and markings shall be made on the plat with approved waterproof black
"India Drawing Ink". The actual map drawn shall be made on a scale not smaller
than one hundred (\100) feet to one (1) inch and shall clemly show aill details,
and the workmanship on the finished dr~wing shall be neat, clean-cut and readable.,
~e following information shall be contained upon the plat to be filed~
"1. The name and general location of the subdivision in bold.lettersat the
top of the sheet. The name of the subdivision must not bear the name of any of hen'
town or addition in the county.
2. The North point and scale of the plat.
3. The boundaries must be accurately drawn showing the proper bearings and
dimensions of all boundary lines of the subdivision and where possible the bear-
ings and coordinate aystem for the plat shall be on the Idaho state Highway
Modified Cbordinate System. These lines should be heavier than street and 10 t
lines.
4. The names, widths, lengths, bearings, curve date on center lines of
proposed streets, alleys, and easements d&5ired or necessary; also the boundaries,
bearings, md dimensions of all portions within the subdivision as 'intended to be
dedicated to the use of the public. The sizes, lines, dimensions, curve data
and number of lots, blocks and/or parts reserved for any reason within th~ sub-
diVision.
5. ~he widths and names of abutting streets and alleys, the names and bound~
aries of all subdivisions which have been previously recorded and adjacent there-
to, must be shown upon the plat offered for record. These adjacent subdivisions
will be shown in dotted lines to show their relationship to the plat offered for
record. If adjoining land is unplatted it should be indicated as such.
6. All linear dimensions shall be calltUlated to the nearest one hundredth
(.01) of a foot and all bearings shall be calculated to the nearest ten (10)
seconds of arc. All curves shall be defined by the radius, central angle, tan~
gent, arc, and chord distances. The description and location of all monuments
shall be shown. Monuments of iron pipe, stone, or concrete shall ,be set at tan-
gent points or points of curves of streets, intersections of property lines, at
alley intersections and at such other points as may be necessary to make the re-
tracing of the lines as shown on the final plat reasonably convenient.
7. In addition to the requirements of Title 50, Chapter 25 ot the Idaho
Code, the exterior boundary of the subdivision shall be tied to not less than
two (2) recognized county or City survey monuments.
8. All lots shall be numbered by progressive numbers in each block sepa-
rately; blocks shall also be numbered consecutively throughout all adjotning
plats of the same master name.
9. Upon the double-mounted plat sheet the required forms shall be lettered
for the following: Registered Professional Engineer and/or Land Surveyor's
"Certificate of Survey"; owners dedication certificate with Notary.Public's
Acknowledgement; the approval of the Mayor and Council of Meridian- asa~tErsted
by the City Clerk; approval by the City Engineer, and other certi~Jc:a te? lle-q~red
by the Idaho Code. . '^. . -,
10. 'Dhe final plat shall be accompanied by copies of any' private'r~5tricti.ons
proposed to be recorded for the purpose of providing regulations g~~ning t~~~~
use, building lines, open spaces or other aspects of development ahd us~. - 2
Alll dimensions, both linear and angular are to be staked in thEil,Jield ?~,~
accurate control survey which must balance and close within a . limit on ~one-'(l}-
in ten thousand (10,000). - - - -. ,'-, ~
SECTION IX.--IMPROVEMENTS REQUIRED--FEES--It shall be the responsibility of the owner
and subdivider to construct the following minimum improvements for the subdivision::
(1) streets, (2) Combination concrete curb and gutter prior to placing of base
gravel, (3) sanitary sewers where it is physically and economically feasible to
connect to an existing or proposed public sewer system, (4) storm sewers, (5) ,
domestic water system, and (6) all seevice connections for sanitary sewer, do-
mestic water, and natural gas to a point in back of the proposed sidewalk line
before placing lase gravel for the street. All such improvements are to be in-
stalled under the specifications and inspection of the City Engineer.
The minimum construction requirements shall be the published standard City
specifications, (Page 6 (j)). Three (3) sets of all off site improvement plans
such as plans and profiles for street improvements, curb and gutters, sanitary
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be filed with the City Clerk. When approved, one
subdivider ,with the City Engineer's wmitten ap-
and/6rstorm sewers, etc., shall
(1) set shall be returned to the
proval thereon.
SECTION X.--DEDICATIONS--ALL streets, alleys, easements and required crosswalks
within the subdivision must be dedicated for public use.
Dedication of all other public open space within the subdivision will be re-
quired in accordance with the master plan of Meridian. Where this plan calls -for
a larger amount of public space than the subdivider can be reasonably expected to
'dedicate, the land needed b~ond the subdivider's fair contribution is to be re-
served for acquisition by the C~ty, provided such acquisition is made within five
(5) years from the date of approval. . -
The action of the Mayor and Council in exercising this power to compel dedi-
cation of public open space shall take place only after a public hearing has been
held on the matter. Anyone aggrieved by the decision of the Mayor md Council may
have the decision reviewed by a court of competent jurisdiction.
SEC'I'IONXJIl..--AMENDED PLATES--AInended plats must be filed as per original. In
the event a plat of a subdivision has been recorded and major changes have been made
which change the subdivision materially, the subdivision upon which these changes
have been made must be vacated and-an amended plat filed in accordance with the
regulations set up in this ordinance. Any change in street location will ~equire an
/ amended plat for 1hat portion of the plat that is affected.
SECTION XII.--EXCEPTIONS MAY BE MADE TO AVOID HARDSHIP-- Whenever the tract to
be subdivided is, in the opinion of the CityCbuncil, or such unusual shape or size
or is surrounded by such development or unusual condiiions, that the strict--applica-
tion of the requirements contained herein would result .in real.difficulties and sub-
:stantial hardships or injustices, the City Council may vary or modify such require-
ments by an official entry in the minutes of the City Council proceedings so that the
subdivider is allowed to develop his property in a reasonable manner, but so, at the
same time, the public welfare and interests of the City and surrounding area, are
protected and the general intent and spi~t of this ordinance are preserved.
SECTION XIII.--SEFARABILITY--If any section, sub-section, sentence, clause or
phrase of this ordinance is for any reason held to be unconstitutional, such hold-
ing shall not affect the validity of the remaining portion of the ordinance~ The
Mayor and Council hereby declare that they would have passed this ordinance, and
each section, sub-section, sentence, clause and phrase thereof separately and ir-
respective of the foct that anyone or more of the sections, sub-sections, sentences,
clauses or phrases be unconstitutional.
SECTION XIV--All ordinances and partiE of ordinances in conflict herewith are
herehy',:i!epealed.
SECTION XV--This ordinance shall be in full force and effect thirty (30) days
from and after its passage, approval and publication as provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR TRillS 18th day of~, '1965.
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ATTEST:> /-
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CITY CLERK
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