1971 11-22
Meridian Planning and Zoning Commission
November 22, 191
! - -
Meetin called to or
g
i
er b -
the C - -
irman, W. D. Skiver - -
Present: Don Robert ,Jac k Crea on; E. L. Bennett; W llar Rowl y;
-- - -
Robert Gla~ syer as ab ent.
- -- I - _-- -
_:
1 ~
Bruce Culpepper came befo a the ouncil with Larry Ho fman his ngineer,
'
-- - -
I o exp ain~is u pe
to be underground; '
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32~ back to bacl psi
_
~ is nnexa
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raven a o
the street width ,
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___
he s , ~ ~
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rest width
be ehsnge q
~s
t
o to 6 ~ --
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_
_
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I 6" water line is
- -
ire ran s w
y
--- ins
-
1 alled
place
- -_
---
-- -
-- -
I
- --
60 x 80 lot siz s are propo ed
-- 25 spaces itt th~
i
- _ _ newl annexa~
--- tion
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T
- ~ -- -
The Motion was ads y Don oberts and seconded y Ja k Cre son that
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the Culpepper Annexa e
ion i y
a acc
pted as shown in the
rawi~
gs wi
h the
spree s oiled cu
ased:
__ Motion ba
Robe k ~o
tsi~ -rb ~ac~r.
s~Creason,_yea; Ben
tt;
ea; R
wley, yea.
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~
~
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~ The Commission discu
ad~aeent to the pro
p p y
Itewas rointed octet
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develop their props
presented and offer
in relation to how sed
rty
t t
y.
sugge
t fit he Me
o the
_
eeCoo
tions
into idian Industrial Par
Wes nvo v ng a ou
g g
msssoonccandonoy secs
and to finally appro
e p arming o e in r
ovid
land
q p
a or
icy. latio
a n
an a
owner
s a
isap to the land
~ept~
cess.
how to
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-are
one
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F- __-_ -. _.__ ~ _- ~.--___
~ 4 The Comprehensive pl n fo the ity was next conside ed.
Mr. Skiver suggeste~c that the C unty Planning and Zo ing C mmis ion
- --
-~ ---- ---- --wvca~ wire -a--
and public bodies c n str 've to and unity of planni
--- -
It is hoped that a
nifor
plat
ing ordinance can be
~prop
sed a
d
i _ ~dopte~hy ali a}
~ *w~,,~y - - - -- -
-
- - -
The Motion was
the Nor
land to
the T - -
made
h an -
y Jac
South
Creason and seconds
of the Railroad be p
by
anne
on o
Indu
erts t~~
trial to
_ _
_
__
the East and West f om M ridian Street.
Motion passed: All yea
There being no othe bus ness t come before the Com issi n the meeting
stood ad3ourned.
APPROVID
ATTEST:
Wayne D. Skiver, Chairman
y er
_.. _ . _ _
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JI ~'fMeP~iNb WvIT1aM 111 UNA~ HANNEL
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ME 1CI U t~~r.l
IDAHO
1
.`
MODEL SUBDIVISION ORDINANCE
Redraft r~~'
TO BE CONSIDERED FOR ADOPTION BY
ADA COUNTY
CITY OF BOISE
CITY OF MERIDIAN
GARDEN CITY
CITY OF KUNA
a
Prepared by:
J-U-B ENGINEERS, Inc.
621-1/2 Main Street
Boise, Idaho 83702
Authorized b
ADA DEVELOPMENT COUNCIL
Rulon Swensen, Chairman
Russell Carter, Director
Room 400
Ada County Court House
Boise, Idaho
.;'
PRbPOSED CANfENfS
SECTION
1. Short Title ---------------------'---------
2. Purpose and Scope -----------------'-------
3. Jurisdiction ------------------------'-----
4. Definitions --------------------------'----
5. Administration ----------------'---'-------
6. Vacations and Dedications -----------------
7. Short Plat Procedure ----------------------
8. Platting Procedures -------------------"'-
9. Contents of Plats ------------------------'
10. Design Standards --------------------------
11. Required Improvements ---------------------
..r~ 12. Hillside Subdivisions ---------------------
13. Planned Unit and Condominium Developments -
14. Mobile Home Subdivisions ------------------
15. Waivers and Appeals -----------------------
16. Amendments ------------------------°------
17. Filing Fees and Costa ---------------------
18. Enforcement -----------------------------'-
19. Validity ----------------------------------
20. Ordinance Repeal --------------------------
21. Effective Date ----------------------------
Page No.
1
2
3
4
7
8
9
11
15
18
22
27
32
~~
Section
1.00: SHORT TITLE:
~ This Ordinance shall be known and may be cited as the "(Ada County) (Boise City)
(City of Meridian) (Garden City) (City of Kuna) Subdivision Ordinance."
1
Section
2.00: PURPOSE AND SCOPE:
•
2.01: The general purpose of this Ordinance is to protect and promote the public
health, safety, convenience, and welfare by establishing regulations and a
process of review for all subdivisions and resubdivisions of land, which divide
land into more than two parcels, except as herein provided. This Ordinance
establishes standards for land subdivision in order to prevent overcrowding of
land and to lessen congestion in streets and highways; to provide proper in-
gress and egress; to provide adequate space, light and air; to assure adequate
provision for water and sewage facilities, fire protection, public streets and
ways, and to assure adequate and uniform monumenting of land subdivisions and
facilitating the conveyance of property by accurate legal descriptions.
s
2
Section
3.00: JIJRISDICT'ION:
3.01: These regulations shall apply to the subdividing of all land within the
_ (Unincorporated territory of Ada 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),
(Corporate Limits of the City and including the property within one mile
outside the Corporate Limits of the City under the requirements of Sec-
tion 50-1306, Idaho Code, as amended, or subsequently codified),
including the following:
1. The subdivision of land into more than two (2) tracts, lots or parcels for
.transfer of ownership or building development.
2. The establishment of condominium or planned unit developments as herein
defined.
3. The dedication of any street or alley through or along any tract of land.
4. The resubdivision of an original parcel of land into more than two (2)
parcels, except as provided below.
Exceptions. These regulations shall not apply to any of the. following:
1. A readjustment of lot lines as shown on a recorded plat which does not re-
'- duce the area, frontage, width,'depth, or building set-back lines of each
building site below the minimum zoning requirements.
2. A subdivision of land into parcels of five (5) acres or more designated to
be solely for agricultural purposes, and which does not involve any new
street dedication, other than dedications widening existing streets.
3. One division of any original parcel of land into not more than two (2)
parcels each, provided that each parcel resulting from such division shall
front upon a public street.
4. An allocation of land in the settlement of an estate of a decedent or a
court decree for the distribution of property thereunder.
5. The unwilling sale of land as a result of legal condemnation as defined
and allowed in the Idaho Code.
6. Widening of existing streets to conform to the Comprehensive Plan.
7. The acquisition of collector and arterial street rights of way bX a public
agency in conformance with the Comprehensive Plan.
3
r]
L
Section
4.00: DEFINITIONS:
4.01: For the purpose of this Ordinance, certain terms a
ldhen not inconsistent with the context, words used
include the future; the singular shall include the
singular; the word "shall" is always mandatory and
use of discretion in making a decision.
id words are hereby defined.
in the present tense shall
plural and the plural the
the word "may" indicates the
4.02: Administrator: The official designated by ordinance or resolution to review and
approve short plats and to process other plats.
4.03: A11ey: A minor public way providing secondary access at the back or side of a
property otherwise abutting a street.
4.•04: Block: A group of lots, ,tracts, or,.parcels within well defined boundaries,
usually streets.
4.05: Board: The Ada County Board of County Commissioners.
4.06: City: The City having jurisdiction of the parcel of land under consideration.
4.07: Commission: The Planning Commission having jurisdiction of the parcel of land
under consideration.
4.08: Comprehensive Plan; The officially adopted Comprehensive Plan for the (County)
(city).
4.09: Condominium: An estate consisting of (i) an undivided interest in common in
real property, in an interest or interests in real property, or in any combina-
tion thereof, together with (ii) a separate interest in real property in an
interest or interests in real property, or in any combination thereof.
4.10: Council: The City Council of the municipal Governing Body.
4.11: County Recorder: The office of the County Recorder of Ada County, Idaho.
4.12: Dedication: The setting apart, of land or interests in land for use by the
public. Land becomes dedicated when accepted by the (County) (City) as a public
dedication, either by ordinance, resolution or entry in the official minutes.
4.13: Easement: A grant by a property owner to specific persons or to the public to
use land for specific purposes.
4.14: Engineer: The officially appointed registered engineer.
4.15: Engineer(Surveyor), County: That registered engineer or surveyor appointed by
the Board to check plats and make such surveys, maps, and plats ordered by the
Board.
4.16: Governing Body: That Board or Council composed of elected officials of the
County or City having jurisdiction.
`J 4.17: Hillside Subdivision: Any subdivision, or portion thereof, having a general
' average slope of ten percent (10%) or more.
4
4.18: Highway: A street designated- as a highway by a state or federal agency
responsible therefor.
r
4.19: Lot: A fractional part of subdivided lands having fixed boundaries being of
_ sufficient area and dimension to meet minimum zoning requirements, and intended
as a unit for transfer of ownership or development.. The term shall include
tracts or parcels.
4.20: Mobile Home: A single family dwelling designed for. transportation after
fabrication on streets and highways on its own wheels or on flatbed or 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
assembly operations, location on jacks or permanent foundations, and connection
to utilities, and which may be easily disassembled and moved to another
location.
4.21: Mobile Home Subdivision: A subdivision designed and intended for residential
use where residence is in mobile homes exclusively.
4.22: Original Parcel of Land: A lot or tract as recorded on any plat of record on
file in the office of the Ada 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 Ordinance.
4.23: Ocaner: The individual, firm, association, syndicate, partnership, or corpora-
tion having proprietary interest in the land to be subdivided.
4.24: Planned Unit Development: A use or a combination of 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 individual lots or estates, whether front-
' ing on private or dedicated streets, which may include two or more principal
buildings as governed by the Zoning Ordinance.
4.25: Plat, Preliminary: A preliminary plan and other documentation of a proposed
subdivision, planned unit development, or dedication, containing the elements
and requirements set forth in this Ordinance.
4.26: Plat, Final: A map of all or part of a subdivision providing substantial
conformance to an approved preliminary plat, prepared in accordance with this
Ordinance and Title 50, Chapter 13 of the Idaho Code,-as amended, or sub-
' sequently codified:
4.27: Plat, Recorded: A final plat that has been accepted by the Ada County Recorder
and filed for record.
4.28: Short Plat: A map or representation of a short subdivision.
4.29. Short Subdivision: The subdivision of land into four (4) or less lots, tracts,
parcels, sites, or divisions for the purpose of transfer of ownership or
development and shall include resubdivision of previously platted land.
4.30: Standard Specifications: The Standard Specifications for Public Works officially
adopted, and including all subsequent amendments thereto.
5
•
4.31. Street: Aright of way which provides vehicular and pedestrian access to adja-
cent properties, the dedication of which has been officially accepted. The
_ term "street" also includes the-terms highway, thoroughfare, parkway, road,
` avenue, boulevard, lane, place, and other such terms.
4.32: Street, Arterial: A street designated for the purpose of carrying fast and/or
heavy traffic.
4.33: Street, Collector: A street designated for the purpose of carrying traffic from
minor streets to ot her collector streets and/or arterial streets.
4.34: Street, Commercial: A street designated for th e purpose of providing traffic
movement in a comme rcial area.
4.35: Street, Cul-de-sac: A dead end street provided with turn-around space at its
terminus.
4.36: Street, Dead-End: A street connecting to another street at one end only and not
having provision for vehicular turn-around at its terminus.
4.37: Street, Frontage: A minor street, parallel to and adjacent to an arterial street,
which has the primary purpose of providing access to abutting properties.
4.38: Street, Industrial: A street designated for the purpose of .providing traffic
movement in an industrial area.
4.39: Street, Loop: A minor street with both terminal points on the same street of
origin.
4.40: Street, Minor: A street which has the primary purpose of providing access to
abutting properties.
4.41: Street, Partial: A dedicated right of way providing only a portion of the re-
quired street width, usually along the edge of a subdivision or tract of land.
4.42: Street, Private: A street which provides vehicular and pedestrian access to
one or more properties, however, not accepted for dedication or maintenance.
4.43: Subdivider: A subdivider shall be deemed to be the individual, firm, corpora-
tion, 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; and said subdivider need not
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.
4.44: Subdivision: The division of a lot, tract, or parcel of land into more than two
parts for the purpose of transfer of ownership or development.
4.45: Utilities: Installations for conducting water, sewage, gas, electricity,
television, storm drains, and similar facilities providing service to and used
by the public.
6
- __ _ _
•
Section
5.00: All~ti1INISTRATION:
5.01: The Administrator is vested with the duty of administering the regulations
contained herein, and may prepare and require the use of such forms as are
essential to the administration of said regulations.
' 5.02: In the event the Commission fails to act or carry out its responsibilities
according to the regulations contained herein, the (Board) (Council) shall
assume all the duties of the Commission as herein specified in relation to the
application concerned.
4
7
•
Section
ti.00: V.\CATIONS AND DEDICATIONS:
6.01: :lpplication: 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 pro-
visions shall not apply to the widening of any street which is shown in the
Comprehensive Plan, or the dedication of streets, rights of way, or easements tc
be shown on a recorded plat of a subdivision.
6.02: Administrator Action:' Upon receipt of the completed application and other in-
formation as he may require, the Administrator shall affix the date of applica-
tion acceptance thereon. He shall, thereafter, place said application on the
Commission agenda for consideration at the next regular meeting of the
Commission which is held not less than fifteen (15) days after said date of
certification.
6.03: Commission Action: The Commission shall review the proposed vacation or dedica-
tion for conformance with the Comprehensive Plan and with regard to future
development of the neighborhood. The Commission shall also take into considera-
tion the interests of adjacent property owners, utilities, and other public
agencies and Governing Bodies where pertinent to the application. Within thirty
(30) days the Commission shall make its recommendation, including recommendations
for street improvements to be made, in the case of a dedication, prior to
acceptance by the (Board) (Council).
6.04: (Board) (Council) Action:
1. When considering an application for vacation procedures, the (Board)
• (Council) shall establish a date for a public hearing and give such public
notice as required by law.;,. The (Board) (Council) may approve, deny, or
modify the application. Whenever public rights of way or lands are vacated,
the (Board) (Council) shall provide adjacent property owners with a Quit
Claim Deed for said vacated rights of way in such proportions as are
prescribed by law.
2. When considering an application for dedication procedures, the (Board)
(Council) may approve, deny, or modify the application. When a dedication
is appzoved, 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) (Council) a deed describing and conveying such
lands to the (County)(City) for filing with the Ada County Recorder.
s
8
Section
7.00: SllORT PLAT PROCLllU12&:
7.01: :~~~lication: Any property owner desiring to divide land into four (4) or less
lots for the purpose of transfer of ownership or development, may submit an
' application for short subdivision approval to the Administrator. No application
shall be accepted by the Administrator unless it contains the entire contiguous
tract of land owned by the applicant.
7.02: Application Preparation: Applications for approval of a short subdivision,
signed by the owner of record or his legally designated agent, shall contain the
following:
1. A minimum of four (4) copies of the proposed short plat including pertinent
survey data compiled as a result of a survey made by a registered engineer
or surveyor of the entire contiguous tract owned by the applicant which
shall also show:
a. the owners of adjacent land and the names of any adjacent subdivisions;
b, lines marking the boundaries of the proposed lots;
c. locations and widths of existing streets and easements within and adja-
cent to the tract;
d. locations and widths of proposed new streets, widening of existing
streets, and locations of any proposed easements.
2. Legal description of said tract and legal descriptions of all proposed lots.
3. Name and address of the owner of said tract and the registered engineer or
surveyor.
4. A copy of a current title report showing proof of ownership.
5. Any additional maps or data deemed necessary by the Administrator to fully
illustrate the effect of the short plat on the Comprehensive Plan and future
development of the neighborhood.
7.03: Administrative Determination: Upon receipt of the application, and all other
required data as provided for herein, the Administrator shall certify the
application as complete and shall affix the date of acceptance thereon. The
Administrator shall then refer the application to a review by agencies in the
same manner as for a Preliminary Subdivision Plat under Section 8.10 hereof.
Following this review the Administrator shall determine whether:
1. The proposed lots conform to the Comprehensive Plan and Zoning requirements;
2. The proposed lots are served with adequate means of access for vehicles and
utilities, fire protection, drainage, water supply and means of sanitary
sewage disposal;
3. The, public use and interests will be served by permitting the proposed
division of land.
` If the short subdivision contains a proposed dedication for street right of way,
9
chc Administrator shall refer the matter to the Engineer for report and
recommendation.
" 7.04: A.!:.:inistrator Approval: The Administrator shall, within thirty (30) days of the
date of application acceptance, notify the applicant in writing of the approval
or denial of the application, stating any conditions of approval, or if denied
stating the reasons for denial.
If the short subdivision contains a dedication for street right of way, the
Administrator shall refer the proposed short plat to the (Board) (Council)
together with his recommendation and that of the Engineer. Following approval,
the Administrator shall transmit an approved copy of the short plat to the Ada
County Assessor. All easements and covenants as approved by the Administrator
shall be filed with the Ada County Recorder and copies of such instruments
furnished to the Administrator.
7.05: (Board) Council) Approval: When a short plat is referred to the (Board) (Council),
it may approve, deny, or modify the application and require street improvements
to be constructed prior, to final acceptance of the dedication. The required
street improvements shall be constructed, or a bond furnished assuring the con-
struction, prior to acceptance of the dedication. To complete the acceptance of
the dedication, the owner shall furnish to the (Board) (Council) a deed describ-
ing and conveying such lands to the (Board) (Council) for filing with the Ada
County Recorder.
7.06: Appeal to (Board) (Council): Any person aggrieved by the decision of the Admin-
istrator to approve or disapprove a proposed short plat, may appeal the decision
_ to the (Board) (Council) within fifteen (15) days following issuance of the
decision. The (Board) (Council), following a public meeting thereon, may affirm
or reverse the Administrator's decision or may remand the application to the
_ Administrator with instructions to approve the same upon compliance with condi-
tions imposed by the (Board) (Council).
7.07: Compliance: The applicant for a short subdivision shall carry out the intent
of the approved application within a period of one (1) year from the date of
approval. The applicant may make a request to the Administrator for an extension
of time for an additional six (6) months if made prior to the expiration date and
acceptable reasons for extension are stated. In the event there is a street
dedication involved; and the improvements have not been completed, the applicant
shall petition the (Board) (Council) for permission to extend the bond covering
said improvements. The (Board) (Council) may approve or deny such application.
7.08: Resubdivision-Procedures: Division of land within a short subdivision which has
been approved within a five (5) year period immediately preceeding, may not be
further divided until a final plat of,the resubdivision has been approved and
filed for record in accordance with the provisions of this Ordinance.
10
S::ction
a.oo: PLA~r~~I~c P1zocLDUlu::
8.01: PROCEDUI:ES, GE,UERAL:
` 8.02: Plat Aonroval Required: Any person desiring to subdivide or resubdivide a land
into five or more lots shall submit an application therefor to the Administrator.
No final plat shall be filed with the County Recorder until same shall have been
acted upon by the Commission and approved by the (Board) (Council) in preliminary
plat and final plat form as required herein. No lots shall be sold from any plat
until same shall have .been recorded in the office of the Ada County Recorder.
8.03: Review by Other Agencies: The Administrator may, at his discretion, refer the
preliminary plat and application to as many agencies, above those stipulated
herein, as he deems necessary in order to carry out the full intent of this
Ordinance.
8.04: Agenda: Each plat submitted for preliminary or final approval shall be placed
on the Commission's or (Board's) (Council's) agenda for hearing only after
fulfilling the appropriate requirements of this Ordinance. However, a plat not
meeting all the requirements may be submitted, upon the Administrator's consent,
provided the subdivider presents with the plat a letter requesting any specific
exceptions and enumerating in detail the reasons therefor.
8.05: PROCEDURE, PREAPPLICATION SU&~IITTALS:
_ 8.06: Filing Procedure: Prior to the filing of an application for approval of a
preliminary plat the subdivider shall submit to the Administrator the plans and
data as required hereinafter for a preliminary plat; provided, however, that such
_ plans may be generalized in content and that such submission shall not require
the official filing of a subdivision application.
8.07: Administrator Review: The Administrator shall review said plans and data as
submitted or modified, and within ten (10) days advise the subdivider in writing
as to the general conformance or non-conformance of the plans submitted with
this Ordinance.
8.08: PROCEDURE, PRELIMINARY PLAT:
8.09: Application: Upon completion of the preapplication procedures, the subdivider
shall file with the Administrator copies of the completed subdivision application
form and preliminary plat data as required in this Ordinance and in the number of
copies required, together with a letter requesting that said preliminary plat be
placed on the Commission's agenda for consideration.
8.10. Certification by Administrator: Upon receipt of the preliminary plat, and all
other required data as provided for herein, the Administrator shall certify the
application as comple.teand shall affix the date of application acceptance
thereon. He shall, thereafter, place said preliminary plat on the Commission
agenda .for consideration at a regular meeting of the Commission which is held
not less than fifteen (15) days after said date of certification nor more than
~.- forty-five (45) days thereafter.
11
5.11: l:evicw by Agencies: The Administrator shall transmit one (1) copy each of the
application and/or preliminary plat to other departments of the (County) (City)
'_ and to such other agencies that have jurisdiction over, or interest in, the
' proposed subdivision for their review and recommendations.
_ If no written recommendations are received from the various departments or
agencies herein referred to within ten (10) days from the date of notification
by the Administrator, the approval of the preliminary plat by such department
or agency will be considered to be granted.
Departments and agencies. to which the Administrator may refer copies of the
preliminary plat are as follows:
1. All pertinent (County) (City) departments.
2. City-County Health Department.
3. Idaho Public Utilities Commission.
4. Commissions of other governing bodies having joint jurisdiction.
5. Appropriate utility companies.
6. Superintendent of the school district in which the proposed subdivision is
' located.
7. Other agencies having an interest in the proposed subdivision.
8.12: Review by Administrator: Upon expiration of the time allowance far 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 Commission.
8.13: Commission Action:
1. The Commission shall approve, approve conditionally, or disapprove the pre-
liminary plat within thirty (30) days of the date of the regular meeting at
which the plat is first considered. If the preliminary plat is disapproved
or approved conditionally, the reasons for such action shall be stated in
writing, a copy ,of which, signed by the Administrator, shall be attached to
one (1) copy of the plat and returned to the applicant.
2. If no action is taken by the Commission at the end of thirty (30) days, the
plat shall be deemed to have been approved unless stipulation for addi-
tional time is agreed to by, .the subdivider.
3. Upon such approval or disapproval by the Commission, the plat, together with a
complete copy of the. Commission findings and report of action, shall be trans-
mitted to the (Board) (Council) and notice of this action shall b`e sent to
the subdivider.
8.14: (Board) (Council) Action:
_" 1. Submission of the preliminary plat to the (Board) (Council) for action shall
be mandatory; provided, that such is the adopted written rule Ior the
transaction of business of the Commission.
12
2. The (Bcard) (Council), when the preliminary plat is referred to them, shall
act upon the report of the Commission within ten (10) days, or at its next
_ regular meeting following receipt of the said report. The subdivider, at
his request, shall be entitled to at least one (1) continuance of the hearing
until the next regular meeting.
3. At the hearing, the (Board) (Council) shall hear testimony of the subdivider
and any witnesses in his behalf, and the testimony of representatives of the
Commission, and any witnesses in its behalf.
4. Upon conclusion of the hearings, the (Board)(Council) shall base its find-
ings upon the testimony produced before it and, within seven (7) days,
declare its findings. It may sustain, modify, reject or overrule any
recommendations of the Commission, and make such findings as are not incon-
sistentwith the. provisions of Idaho State Law and this Ordinance.
5. The time limits for acting on the preliminary plat as herein specified may
be extended by mutual consent of the subdivider and the (Board) (Council)
as the case may be. If no action is taken within the time limits, as so
extended, the preliminary plat as filed shall be deemed approved, and it shall
be the duty of the Clerk of the (Board) (Council) to certify such approval.
6. Upon approval of the preliminary plat by the (Board) (Council), or Commission
if (Board (Council) approval is not required, the subdivider shall proceed
with the required improvements designs in accordance with the standards and
procedures established by this Ordinance and any conditions imposed by the
approval. Upon approval of the designs by the Engineer, the subdivider may
_ commence construction of the required improvements under the requirements of
Section 8.16, Section 10.00 and Section 11.00 of this Ordinance.
8.15: PROCEll1IRES,`FIIVAL PLAT:
8.16: Filing by Subdivider:
1. 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 preliminary plat as approved.
2. The final plat, prepared in accordance with Title 50, Chapter 13, of the
Idaho Code and the provisions set forth herein, shall be filed with the
Administrator, together with a letter requesting that it be placed on the
(Board's) (Council's) agenda for consideration.
3. In the event the final plat does not conform substantially to the approved
preliminary plat, the Administrator shall so inform the subdivider and
proceed to assign the final plat to the Commission agenda for their action
as a preliminary plat.
4. Such final plat submission shall include all prints thereof as required,
two (2) sets of prints of the plans and specifications for all proposed im-
provements as required by this Ordinance, and a current title report or
other evidence acceptable to the Administrator showing proof of ownership
_ of the tract of land being platted.
5. The final plat, when submitted to the Administrator, shall bear all required
13
certificates and acknowledgements; and the signatures of the Engineer,
Ocaners, Notary Public and CountygEngineer (Surveyor).
' 8.17: Time Limitations:
1. 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 (Board} (Council}, or Commission if (Board} (Council) action is not re-
quired, shall cause all approvals of said preliminary plat to be null and
void, unless an extension of time is applied for and granted.
2. In the event that the development of the preliminary plat is made in succes-
sive contiguous segments in an orderly and reasonable manner, and conforms
substantially to the approved preliminary plat, such segments, if submitted
within successive intervals of twelve (12) months may be considered for
final approval without resubmission for preliminary plat approval.
3. Final plat and covenants shall be filed with the Ada County Recorder within
one (1) year after written approval by the (Board) (.Council); otherwise,
such approval shall become null and void unless prior to said expiration
date an extension of time is applied for and granted.
8.18: Certification by Administrator: 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 hereon.
He shall, thereafter, place said final plat on the (Board) (Council) agenda for
consideration at the regular meeting held not less than fifteen (15) days after
said date of certification.
8.19: Review by Agencies: The Administrator may transmit one copy each 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 ensure com-
pliance with the preliminary approval and/or conditions of preliminary approval.
If no written recommendations are received from the departments or agencies
within ten (10) days, the approval of the final plat by such department or agency
will be considered granted.
8.20: (3oard) (Council): The (Board) (Council) at its next meeting following re-
ceipt of the Administrator's report shall consider said final plat and any
changes from the preliminary plat approved by the (Board) (Council} and recom-
mendations from the Commission on afinal platreview, when required. If said
final plat conforms to the requirements of this Ordinance applicable at the time
of approval of the preliminary plat, all rulings made by the (Board) (Council}
on the preliminary plat, and the requirements of the Idaho State Law, the
(Board) (Council) shall approve said final plat.
8.21: Acceptance of Dedications: At the time of approval of the final plat the (board)
(Council) shall accept offers of dedications shown thereon and shall,as a condi-
tion precedent to the acceptance of any streets or easements, require that the
subdivider either improve, or agree to improve by furnishing a surety agreement,
the streets in accordance with standards approved for the preliminary plat.
14
Section
9.00: CO~~I'ENTS OP PLATS
9.01: PP~LIb1I\;'U2Y PLATS:
Preliminary plats, as referred to herein, are intended to include application
forms, letters, and other maps or documents.
9.02: Contents of Preliminary Plat: Preliminary plats shall not be drawn to a scale
of less than one (1) inch equals one hundred (100) feet, unless approved by the
Administrator, and shall show the following:
1. The scale, north point, and date.
2. The name of the proposed-subdivision.
3. The name and address of the owner of record, the subdivider, and the engineer,
surveyor, or other person preparing the plat.
4. The legal description of the area to be platted.
5. The names, with intersecting boundary lines, of adjoining subdivisions and
.the location of City Corporate Limit lines and/or lines indicating the loca-
tion of a boundary one mile outside of any City Corporate Limit, if within
or immediately joining the plat area.
6. Contour map of the subdivision with contour lines of an interval adequate to
u show tae configuration of the land, based on the United States Geodetic Survey
datum or other datum approved by the Engineer.
7. The scaled location of existing buildings, water bodies and courses and the
location of adjoining or immediately adjacent dedicated streets and
railroads.
8. The boundaries of the tract, as determined by a legal survey and the area of
the tract.
9. The existing zoning of the tract.
10. The proposed location of street rights of way, lot and block lines, and
easements, including all approximate dimensions and including all proposed
.lot and block numbering, and proposed street names.
11. The location, approximate size and proposed use of all land intended to be
dedicated or reserved for public use, or reserved for common use o£ all
future property owners within the proposed subdivision.
12. The general location, size, and type of sanitary and storm sewers, water
mains, culverts, and other surface and subsurface structures existing within
or immediately adjacent to the proposed subdivision; and the general loca-
tion and layout, type and size of any proposed sanitary or storm sewers;
water mains, sources, and storage facilities; street improvements, and other
proposed utilities.
15
•
13. 'Chc dircctien of drai.nagc flow and approxi.~natc grade of all streets. This
is uut to be construed to rcquir.c final strecC design.
14. Phe location of all drainage channels and structures, the proposed method
of disposing of run-off water, and the location and size of all drainage
easements relating thereto, whether they are located within or outside the
proposed plat.
15. All percolation test and/or exploratory pit excavations required by the
health authorities.
16. An outline of the provisions of the protective covenants to be filed with
the final plat of the subdivision.
17. A map drawn to a scale of one (1) inch equals three hundred (300) feet.
Said map shall show: the location of the proposed subdivision referenced to
existing and/or proposed arterials and collector streets and to section
lines; the size and location of all proposed streets; all lots and blocks
drawn to scale and numbered; and the names of all streets, if known.
9.03: FI~~I. PLATS
The final plat 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, and
shall be in conformance with the provisions of Title 50, Chapter 13, of the
Idaho Code. 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.
9.04: Contents of Final Plat: The contents of the final plat shall include all items
required under Title 50, Chapter 13, of the Idaho Code, and also including the
following:
1. Point of beginning of subdivision description tied to at least two (2)
government survey corners, or in lieu of government survey corners, to
monuments recognized by the Engineer or County Surveyor.
2. Location and description of monuments.
3. Tract boundary lines, property lines, lot lines, street right of way and
center lines, other rights of way and easements; all with accurate dimen-
sions in feet and decimals thereof, bearings in degrees and minutes and
radii, arcs, central angles, tangents, and chord lengths of all curves to
the above accuracy.
4. Names and locations of adjoining subdivisions.
S. Name and right of way width of each street or other right of way.
6. The location, dimension and purpose of all easements.
7. The blocks numbered consecutively throughout the entire subdivision and the
lots numbered consecutively throughout each block, with areas to be ex-
eluded from platting marked "Reserved" or "Not a Part" or "Exclusion."
16
•
8. The outline of any property, other than streets, or alleys, which is offered
for dedication to public use fully dimensioned by lengths and bearings, with
.the area marked "Public" and showing the proposed use.
- 9, A title which shall-include the name of the subdivision, name of City, if
. appropriate, County and State, and the location and description of the
subdivision referenced to section, township and range.
10. Scale, north arrow, and date.
11. Location, width, and names of all existing or dedicated streets or other
public ways within or adjacent to the proposed subdivision.
12. A provision in the owner certificate referencing the County Recorder's fee
number where the protective covenants governing the subdivision are recorded.
13. Certification by registered engineer or surveyor preparing the plat certify-
ing to accuracy of survey and plat.
14. Certification of owner, including dedication of all streets, rights of way
and sites for public use, and grants of any existing or proposed easements.
15. Certification and signature of County Engineer (Surveyor) verifying that the
accuracy of the survey complies with the requirements of Idaho State Law.
16. Certification and signature of the City Engineer and City Clerk, if required,
verifying that the subdivision meets the City requirements and has been
approved by the Council.
17. Certification and signature of the Chairman of the Board, if required,
verifying that the subdivision has been approved by the Board.
17
Section
10.00: DESIGN STANDARDS:
The following standards shall be followed in all subdivisions, short subdivi-
sions, or dedications regulated by this Ordinance.
10.01: GE\Z12:1L:
In order to ensure the reasonable and beneficial development of land within the
jurisdiction of this Ordinance, the Commission and (Board) (Council) shall give
full consideration to the following:
1. Tl:a intent and design of the proposed plat shall be in accordance with the
provisions of the Comprehensive Plan.
2. Street patterns in residential neighborhoods shall be designed to create
areas free of through traffic but readily accessible to adjacent arterial
streets.
3. In the subdivision of land along arterial streets, the block length shall be
increased to control points of vehicular access.
4. Street intersections in residential areas may be of the "T" rather than "X"
design wherever such design will not unduly restrict the free movement of
traffic.
." 5. All natural drainage courses shall be left undisturbed or be improved in a
" manner .that will increase the operating efficiency and ease of maintenance
of the channel, without interfering with its original intent.
6. Reserve strips controlling access to public streets shall be permitted;
provided, however, that the control and disposition of land comprising such
strip is placed within the jurisdiction of the (Board) (Council) under
conditions specified and shown on the final plat.
7. Land which the Commission has determined to be unsuitable for subdivision
because of flood threat, bad drainage, steep slopes, rock formations, or
other features likely to be harmful to the safety and general health of the
future residents, shall not be subdivided unless adequate methods approved
by the Engineer are planned for overcoming these conditions.
10.02: BLOCF: REQUIREDIENTS:
The length, width, and shapes of blocks shall be determined with due regard to
the following:
1. Provisions of adequate building sites suitable to the special requirements
of the type of use contemplated, including coning requirements as to lot
size and dimensions.
2. The limitations and opportunities of topography.
18
10.03
3. No block shall be longer than one thousand two hundred (1,200) feet nor less
than four hundred (400) feet between street intersections, and shall have
sufficient depth to provide for two (2) tiers of lots except for special
conditions provided herein.
4. Pedestrian crosswalks, located in an easement for such purpose, less than
eight (3) feet wide shall be required where deemed essential to provide
pedestrian access to schools, playgrounds, shopping areas, transportation,
or other community facilities.
LOT REQUIR1=r~,~3V'1S:
L Tha lot size, width, depth, shape, and orientation, and minimum building
setback lines shall be appropriate for the zoning and location of the
subdivision .and for the type of development.
2. For corner lots, a property line return shall have a minimum radius of
twenty (20) feet, unless a longer radius is required to serve an existing
or future use.
3. Side lot lines shall be within twenty (20) degrees of right angle or radial
line to the street line, unless a variation from this regulation will
provide a more desirable street and lot plan.
4. Double frontage, and reverse frontage lots, should be avoided except where
essential to provide separation of residential development from traffic
arteries, or to overcome specific disadvantages of topography or orienta
tion. A screening easement of at least ten (10) feet in width, and across
which there shall be no right of access, shall be provided along the lire of
lots abuting such artery or disadvantaged use, except that a waiver of this
screening requirement may be made if the double frontage is due to topography.
5. Minimum lot sizes shall in all cases be adequate to accommodate the re-
quirements of the health authorities.
10.04: STREET I21:QUIRIa~4FNTS:
1. The arrangement, character, extent, width, grade, and location of all
streets shall conform to the Comprehensive Plan-and shall be considered in
their relation to existing and planned streets, topography, public con-
venience and safety, and their appropriate relation to the proposed uses of
the land served.
2. Sv'here a subdivision abuts or contains an existing or proposed arterial
street, railroad or limited access highway right of way, the (Board)
(Council) may require frontage streets, reverse frontage streets., or
similar treatment for the appropriate use of the tract.
3. Streets may be required to provide access to adjoining lands and preserve
proper traffic circulation throughout the neighborhood.
4. Thcre shall be provided rights of way of such width and as provided for in
19
the Comprehensive Plan; provided, however, that the width of said rights
of way shall in no case be less than the following:
'L'YYl OF S'L'ltlsll'S
M1Nlf•lUM
R.O.W.
Arterial Street; Divided 100'
Arterial Street;, Undivided 80'
.Arterial Street.;' One Way 80'
Arterial Street; Modified 66'
Collector Street 60'
*Minor Street 50'
Commercial Street 80'
Industrial Street 80'
*A public utility easement five (5) feet in width shall
be required adjacent to the street right of way boundaries
of all minor streets. This easement may be granted in the
subdivision protective covenants.
5. Street grades shall be such as to provide for the safe movement of traffic
in all weather and for adequate drainage of both streets and abutting
properties. Street grades, whenever feasible, shall be not less than
three tenth percent (0.3%) and not more than ten percent (10%).
6. In .general partial street dedications shall not be permitted; provided,
however, that the (Board) (Council) may accept a partial street dedication
when such street forms the boundary of the proposed subdivision and is
deemed to be necessary for the orderly development of t,~e neighborhood,
and provided the (Board) (Council)' finds it will be practicable to require
the dedication of the remainder of the right of way when the adjoining
property is developed. When a partial street exists adjoining a proposed
subdivision, the remainder of the right of way shall be dedicated.
7. A cul-de-sac, court, or similar type street shall be permitted provided
that the maximum length shall be four hundred (400) feet from entrance to
center of turn-around, and all cul-de-sacs shall have a minimum turn-
around radius of forty-five (45) feet at the property line, and not less
than forty (40) feet at the curb line.
8. Dead-end streets shall be permitted only when such street terminates at the
boundary of the subdivison, is necessary to the development of the subdivi-
Sion, adjoining property or future development of the neighborhood, as
determined bythe (Board) (Council). When such a dead-end street serves
more than two lots, a temporary turn-around easement shall be provided, said
easement to revert to the lots when the street is extended.
9. The maximum length of loop streets shall be twelve hundred (1,200) feet.
10. Streets shall be planned to intersect as nearly as possible at right angles,
but in no event at less than seventy (70) degrees.
20
11. Svnere any street deflects at an angle of ten (10) degrees or more, a con-
necting curve shall be required having a minimum center line radius of three
hundred (300) feet for arterial and collector streets and one hundred twenty-
five (125) feet for minor streets.
12. Streets with center line offsets of less than one hundred twenty-five (125)
feet shall be avoided.
13. A tangent of at least one hundred (100) feet long shall be introduced be-
tween reverse 'curves on arterial and collector streets.
14. .Proposed streets which are a continuation of an existing street shall be
givKn"the samenAme as the existing street and all new street names used
shall not duplicate or Ue of a spelling or pronounciation apt to be confused
with the names of existing sfreets within the same postal service area.
Street names shall be subject to the approval of the Commission and shall
comply with the provisions of the "Ada County uniform Street \ame and fiouse
Number Ordinance." The subdivider shall obtain approval of all street names
within the proposed subdivision from the Ada County Planning Commission
before submitting same to the (Board) (Council) for final plat approval.
15. Street trees, where provided, shall of of the variety, size, and location as
approved by the (Board) (Council).
10.05: ALLEY REQUIRFJ~tENTS:
1. Alleys shall be provided in business, commercial, and industrial zones,
except where other definite and assured provision is made for service access.
2. The width of an alley shall not be less than twenty (20) feet.
3. Alley intersections and sharp changes in alignment shall be avoided, but
where necessary, corners shall be cut off sufficiently to permit safe
vehicular movement.
4. Dead-end alleys. shall be avoided where possible, but if unavoidable, shall
be provided with adequate turn-around facilities at the dead end.
10.06: EASED4ENT REQUIRFr~NTS:
Easements shall be provided wherever required for utilities or other public
service, of such size and location as approved by the (Board) (Council); pro-
vided, however, the following easements shall be considered mandatory:
1. A public utility easement five (5) feet in width shall be required adjacent
to tine street right of way boundaries of all minor streets. This easement
may be granted in the protective covenants.
2. Where a subdivision contains a water course, drainage way, channel, or
_ stream, an easement shall be provided adequate to coi:tain said water course
and such further width as necessary for maintenance and/or reconstruction .
operations.
21
s~~tion
11.00: P.LQIJIRI;D IMPP~OVL~NTS:
11.01: Glu\IfR;11,:
L The improvements described in this section shall be shown on the construc-
tion plans of any subdivision andinstalled in accordance with the procedures
and requirements hereinafter designated.
2. :111 improvements shall be in accordance with all elements of the Comprehen-
live Plan and with the construction standards adopted by the (Eoard)
(Council). Construction shall be under the supervision of the Engineer and
subject to his approval.
3. The requirements of Title 50, Chapter 13, Idaho Code, as amended or sub-
sequently codified, shall be met prior to acceptance of the final plat for
filing with the Ada County Recorder, or for the vacation of a street or
right of way.
11.02: FILING OF PLANS A:ND SURETY:
1. Prior to the time of filing of the final plat the subdivider shall file with
the Engineer construction drawings for all improvements required in the
portion of the total subdivision contained in the final plat.
2. Plans for the improvements herein required shall be prepared by an engineer
_ registered in the State of Idaho.
3. At the time of filing the final plat, the subdivider shall have previously
_ constructed all required improvements and secured a certificate of completion
from the Engineer, or filed with the Clerk of the (Board) (Council) a surety
bond, or other guarantee acceptable to the (Board) (Council), to ensure the
actual construction of such improvements as submitted and approved. The
.improvements shall be constructed within one (1) year from the date of
approval of the final plat; provided, however, that the (Board) (Council)
may extend the allowed period of construction for one (1) year upon the
showing of just cause by the subdivider. Such surety bond or other guarantee
shall be in the amount of one hundred ten percent (110%) of the estimated
cost of the improvements as determined by the Engineer. In the event the im-
provements are not constructed within the allowed time, the (Board) (Council)
may order the improvements installed at the expense of the surety, or other
guarantee, of the subdivider.
4. Prior to the acceptance by the (Board) (Council) of any improvements in-
stalled by the subdivider, two (2) sets of prints of the "as-built" plans
and specifications shall be certified by the subdivider's engineer and
filed with the Engineer.
5. Idithin ten (10) days after completion of improvements and submission of "as-
built" plans, the Engineer shall certify the completion and acceptance of
_ the construction and shall transmit a copy of said certification to the
_. Administrator and subdivider. If a surety agreement has been executed by
the subdivider, the Administrator shall forcaard the certification to the
. Clerk. The Clerk shall thereafter release said surety or guarantee upon
application by the subdivider.
22
11.03: S'1'I2I:LT :titi~ ALLEY I~ROVEI~BNTS:
- 1. Street type requirements, such as arterial, collector, or minor, shall be
determined by reference to the Comprehensive Plan and to a map of the entire
area the street serves. The Administrator shall establish the street type
following recommendations from the Engineer.
2. Concrete curbs, gutters and asphalt plant-mix pavement shall be required on
all streets in a proposed subdivision or dedication; except, the (Board)
(Council) may waive the requirements of concrete curbs and gutters for
minor, cul-de-sac or loop streets in a subdivision composed entirely of lots
one (1) acre in size or larger.
3. All construction details .and travel, or pavement, widths shall be in accord-
ance with the construction standards adopted by the (Board) (Council), but
shall not be less width than shown below for the type of street. Travel,
'or pavement, width shall be the right angle distance across the surfacing
between the backs of the curbs, or where no curbs are required, from edge to
edge of the travel surface.
4. Travel width of streets shall be not less than shown in the following table:
TYPE OF STREET MINIMUM TRAVEL WIDTH
Arterial Street, Divided Dual 32' with 18' l~ledian
Arterial Street, Undivided 65'
Arterial Street, One Way 53'
Arterial Street, Modified 49'
Commercial Street 65'
Industrial Street 65'
Collector Street 41'
Piinor, Cul-de-sac or Loop Street 37'
Minor, Cul-de-sac or Loop Streets
without Curbs and Gutters 24'
5. The design of the intersection of any new street with an existing State or
Federal highway shall be in accordance with the current issue of the Standard
Specifications of the Idaho Department of Highways, but in no case shall be
less than the applicable specification contained herein.
6. In general the center line of street pavement shall coincide with the center
line of the right of way.
7. Concrete Curbs and Gutters: Vertical curbs and gutters shall be required on
all streets of Arterial, Commercial, and Industrial types, and may be re-
quired on Collector type. Roll curb and gutter shall be used on all Minor,
Cul-de-sac and Loop Streets requiring curb and gutter, and may be allows-.d
on Collector Streets. All curb and gutter radius returns on corner lots
shall be vertical curbs between points of curve, with. ten (10) foot transi-
tion sections from vertical to rolled sections.
Vertical curb and gutter shall be installed on any street where the Engineer
deems necessary for drainage or public safety.
23
8. Sidewalks: Concrete sidewalks shall be constructed on both sides on all
streets i7aving, or required to have, curb and gutter.
Sidewalks shall be five (5) feet in width on Arterial and Collector Streets
and four (4) feet in width on Minor, Cul-de-sac, or Loop Streets.
9. Driveway curb cuts and driveway approaches shall be made in accordance with
the construction standards.
10. Street lighting, where provided, shall be in accordance with the construction
standards.
11. Alleys shall be constructed in accordance with the construction standards.
11.04: D0~IESTIC ArATER:
1. Central water distribution systems shall be installed in all subdivisions
where the lot size is less than one (1) acre. Fire hydrants shall also be
required, unless this requirement is waived by the (Board) (Council).
2. In subdivisions where the lots are one (1) acre or greater in size alternate
provisions may be made for domestic water supply; and also fire protection
if required by the (Board) (Council). In considering such alternate provi-
sions the (Board) (Council) may require an increase in the minimum lot size
and may impose any other requirements which it deems necessary to protect
the public health, safety or welfare.
y 3. All water systems and/or wells shall meet the standards of the following
agencies, when applicable:
' Idaho Department of Public Health
Idaho Survey and Rating Bureau
City-County Health Department
Idaho State Public Utilities Commission
.Idaho Department of Reclamation
All water systems shall also meet any additional requirements of the (Board)
(Council).
11.05: SAA'ITARY SE;h'AGE DISPOSAL:
1. Central sanitary sewer systems shall be installed in all subdivisions where
they are caithin the service area of an. existing public system and can be
reached by a reasonable extension of said public system when considering the
size and occupancy density of the subdivision. Construction plans and
specifications for central sanitary sewer .extension shall be approved by the
agency controlling the system and also the Idaho Department of Health.
2. In any subdivision served by a central water system wherein sanitary sewer
facilities are not installed may be approved, provided that such subdivision
_ make alternate provisions for sewage disposal in accordance with the require-
` ments of the Idaho Department of Health and the City-County Health Department
24
and to the satisfaction of the (Board) {Council). In considering such
alternate provisions the (Board) (Council) may require an increase in mini-
mum lot size and may impose any other requirements which it deems necessary
to protect the public health, safety, or welfare.
11.06: DPv\NAG>:
The subdivider shall submit to the Administrator sufficient information in the
form of maps, profiles and other data prepared by his engineer to indicate the
proper drainage of the surface water to natural drainage courses or into exist-
ing storm drains. The location and width of easements shall be indicated on the
plat to be recorded.
11.07: STRFr\~i FaSE:~~NTS:
1. The reservation of an easement along any stream or surface drainage course
located in the area being subdivided may be required by the (Board) (Council)
for the purpose of widening, deepening, sloping, improving or protecting the
stream or drainage course.
2. No ditch, pipe, or structure for irrigation water or irrigation waste water
shall be constructed, rerouted or changed in any way unless such has first
been approved in writing by the ditch company officer in charge; provided,
however, that where such ditch, pipe, or structure is held in mutual owner-
ship said approval in writing shall be obtained from the Engineer. A copy
of such written approval by the ditch company officer and/or Engineer, shall
be filed with the construction drawings.
11.08: PARKS, SQIOOLS:
h?henever the subdivider desires
parks and to be so designated on
shall meet the standards of the
having jurisdiction.
or proposes to reserve areas for schools and/or
the subdivision plans and plat, such reservation
(Board) (Council) and/or the school district
11.09: b:ONU~tENTATION:
Followingcompletion of the construction of improvements, and prior to release of
the improvement construction surety bond or other guarantee or filing of the final
plat in the event improvements are constructed prior to filing of the final plat,
certain land survey monuments shall be reset or verified by the subdivider's
engineer or surveyor to still be in place. These monuments shall be of the size,
shape and type of material as shown on the subdivision plat. The monuments chill
be located as follows:
1. All angle points in the exterior boundary of the final plat.
2. All street intersection points within and adjacent to the final plat.
3. All street center lines ending at a boundary line of the final plat.
25
_ 4. All angle points and points of curve on all streets.
5. The point of beginning of the subdivision plat description.
26
Section
12.00: HILLSIDE SUBDIVISIONS:
' 12.01: GEUEPv1L:
When reviewing hillside subdivisions, the Commission and the (Board) (Council)
may require additional data to be submitted, and may allow deviation from certain
requirements and standards of other sections of this Ordinance in order to attain
the following objectives, in accordance with this section.
12.02: To preserve, enchance and promote the existing and future appearance and resources
of hill areas:
1. Maximum retention of natural topographic features and qualities, such as the
following, shall be encouraged:
a. Skyline and ridge tops.
b. Rolling grassy land forms, including knolls and ridges.
c. Tree and shrub masses, grass, wild flowers and top soil.
d. Rock outcroppings.
e. Stream beds, draws and drainage swales, especially where tree and plant
formations occur.
~- 2. Future development shall enhance, rather than detract from, the above-
. mentioned natural features and qualities.
3. All development proposals shall take into account and shall be judged by
the application of current understanding of civic design, architecture,
landscape architecture and civil engineering in hill areas. Such current
understanding includes but is not limited to:
a. Shaping of essential grading to compliment the natural land forms and
prohibiting, insofar as feasible the successive padding or terracing of
building sites.
b. Landscaping of areas around structures and blending them with the
natural landscape.
c. Placement, grouping and shaping of man-made structures to compliment
one another and the natural landscape providing visual interest and a
"sense-of-place" to the developments.
d. Encouraging in residential areas a variety of housing types including
large lot single family detached dwellings, attached dwellings, apart-
ments and residential clusters and groups of various housing types, to
enable steep slopes, wooded areas, and areas of special scenic beauty
to be preserved as scenic easements through the use of density transfer.
~. e. Use of special consideration in the design of such visual elements as
street lighting, fences, sidewalks, pathways and other street
27
"furniture" to enable maximum identity and uniqueness of character to
be built into each development.
i. Minimizing disruption of natural plant and animal life and encouraging
it wicre it occurs.
12.03: To protect the public safety in the development of hill areas:
1. Larth moving shall be minimized in the design of circulation systems to
avoid erosion, slide or flood danger by use of the following techniques
when consistent with safety and traffic considerations:
a. Following existing contours and natural courses in the location of
circulation systems.
b. Allowing split level, one-way streets, and paths and sidewalks separated
from street grades.
c. .'allowing public and private lanes and paths.
d. Allowing streets and lanes to be as narrow as possible, within the
limits of public safety, by using design speed, topography, number of
dwellings served and emergency vehicle capacity as the chief criteria
in establishing minimum requirements.
2. Earth moving shall be minimized and special planning devices may be used in
the design of developed areas.
a. Insofar as feasible and reasonable, successive padding or terracing of
building sites shall be prohibited.
b. Density transfers shall be permitted in residential areas when this is
consistent with .other principles. This is not intended as a means of
increasing the total population in an area but as a method of housing a
given population with a minimum spoilage of the land.
3. Drainage aad flood .control devices, such as the following shall be used
where appropriate:
a. Vertical curbs and gutters.
b. Culverts and drainage inlets.
c. Preservation of natural drainage ways.
d. Sediment basins for main drainage ways.
4. The circulation system shall be designed to provide vehicular and pedestrian
safety consistent with the above principles, including:
a. Adequate road widths, horizontal and vertical curves, sight distances
and intersections to accommodate projected loads.
b. Separationo£ vehicular and pedestrian ,traffic.
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c. Careful design of street "furniture" such as signs designed and placed
for maximum safety, lighting placed for maximum benefit and minimum
~; intrusion, and placing of all utilities underground.
5. Adequate fire safety shall be provided for by:
a. Designing circulation systems which will afford adequate access for
emergency vehicles.
b. Incorporating fire-retardant plant materials into the landscaping areas
adjacent to the structures.
c. Placing structures and groups of structures so as to allow for emergency
access and spaced to minimize flame spread.
12.04: SPECIAL DESTGN STr1NDARDS:
The following design standards for hillside subdivisions supplement those of
Section 10, and in some cases deviate from them in order to promote the best
total development.
12.05: AREAS OF USE:
Hillside subdivision standards shall apply to any development proposal which
comes within any of the following categories:
V
1. Properties designated in the Comprehensive Plan as open space or green-belt
area.
2. Properties where the average slope exceeds ten percent (10%).
3. Properties wherein a determination has been made by the Commission that it
is in the best interest of the (County) (City) that development be in
accordance with hillside subdivision standards.
12.06: GRADING:
1. Soils Report: A preliminary soils report prepare d. by a civil engineer may
be required as apart of the preliminary plat if the Engineer so determines
subsegent to the pre application review. When a preliminary plat has been
approved for a property where development is to occur in units containing
only a portion of the total property, the Engineer may require a soils
report covering the total property submitted with the final subdivision plat
of the first unit.
2. Geological Hazard Report: Based on the preliminary soils report or other
available information, the Engineer may determine that a geological report
be submitted with the preliminary plat.
3. Grading Plan: A preliminary grading plan prepared by a registered civil
engineer shall be submitted as a part of all preliminary plais for hillside
29
subdivisions. This map shall contain all the information required for any
preliminary plat and the following information:
a, Proposed. contours at a maximum of five (5) foot contours.
• b. .Cut and fill banks and pad elevations. '
c. Drainage pattern. ,,
d. "Typical" building locations relative to adjoining topography.
e. Areas where trees and/or natural ground cover will be protected.
f. Generalized location of .street improvements.
g. Any other information which may have been required as a result of the
previously held preapplication review.
4. Erosion Control: All manufactured slopes, other than those constructed in
rock, shall be planted or otherwise protected from erosion and shall be
benched or terraced as necessary to provide for adequate stability. Erosion
control planting and irrigation facilities shall be installed as soon as
possible after grading according to the recommendations of the Commission.
Planting shall be designed to blend the slope with the surrounding terrain
.and development. N.anufactured slopes in rock shall be provided with soil
pockets to contain landscaping where appropriate.. Irrigation facilities shall
be required where necessary to provide for proper maintenance of the planted
.~ areas.
5. Cut and Fill Slopes: All slopes shall be constructed so as to eliminate
unnatural flat planes and sharp angles of intersection with the existing
terrain. Slopes shall be rounded and contoured as necessary to blend with
existing topography to the maximum possible extent. Where a slope occurs
between two lots, it will normally be made part of the lower lot.
6. Lot Lines: Lot lines may be placed to provide the best possible building
site with the least amount of grading as approved by the Commission.
12.07: PAFICING:
A minimum of three (3) off-street parking spaces shall be provided for each
dwelling unit. Separate zoning requirements for parking may be applied toward-
meeting this requirement. If no on-street parking is provided, this require-
ment may be increased to a minimum of six (6) parking spaces.
12.08: STREL-'TS:
1. Pavement Ed~in~: All streets shall have. suitable pavement edging such as
curbs and gutters,
2. Graded Shoulders: The width of the graded section shall extend three (3)
.feet beyond the curb back or edge of pavement on the fill side and five (5)
feet on the cut side of the street.
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3. Sidewalks: Sidewalks of not less than Four (4) feet in width may be required
on one side of minor streets and both sides of collector and arterial streets.
4. Pai9:in~: Yaricing lanes of not less than cighl (8) feet in width may be re-
quired on at le ast~one side of all public streets except where existing
topography renders development adjacent Co the sCrcet impractical; or where
the street serves solely as an access road; or where an adequate number of
off-street parking spaces are provided on each lot. Streets without parking
lanes shall be provided with emergency parking stalls for at least two (2)
cars for each five hundred (500) feet of street length and spaced no greater
than six hundred (600) feet apart.
5. Travel Lane Widths: The following minimum travel lane widths shall be
required
a. :finor Street: ten (10) feet,
b. Collector and Arterial Streets: twelve (12) feet.
c. Where a parking lane is not provided, the minimum travel lane width
adjacent to the edge of the pavement shall be increased by two (2) feet.
6. Split Streets: If a street's moving lanes are separated either vertically or
horizontally to form two (2) one-way travel ways, street improvements shall
be provided as follows:
a. One lane in each direction, each split section width of pavement shall
be eighteen (18) feet.
b. Two lanes in each direction, each split section width of pavement shall
be twenty-two (22) feet.
The median between split travelways shall be planted and maintained by the
subdivider for a period of one (1) year under specifications approved by
the Commission. Where deemed appropriate by the Commission, the slope of
the median may exceed a two (2) foot horizontal to one (1) foot vertical
ratio. The Commission may also approve the location of lots, including
double frontage lots within the median.
7. Private Streets: Private streets shall only be permitted where their use
will result in better building sites than would be possible if a public
street was required. Private streets shall be permitted to serve a maximum
of six (6) separate dwelling units. Private streets serving no more than
three (3) separate dwelling units shall be paved to a width of sixteen (16)
feet and shall not exceed one hundred fifty (150) feet in length. Other
private streets shall be paved to a width of not less than twenty (20) feet
and shall not exceed three hundred fifty (350) feet in length. A suitable
turn-around shall be provided at the end of private streets. Curbs and
gutters and other methods of controlling run-off and providing vehicle
safety may be required if so determined by the ingineer.
' 8. Cul-de-sacs: A cul-de-sac may serve no more than twenty (20) dwelling units
-- and shall not exceed one thousand (1,000) feet in length.
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Section
13.00: PLr~:'v:'~Ell UNIT AND CON'DO'MINIUM DEVELOPMENTS:
13.01: GL:~EP.t~L:
Following are special exceptions for planned unit and condominium developments:
1. The provisions of the Condominium Property Act as provided in Title 55,
Chapter 15, Idaho Code, as amended, revised and compiled, and the provisions
of the Zoning Ordinance pertinent to planned developments, shall be, and the
same hereby are, adopted and incorporated herein as fully as if set out at
length herein.. In the event a planned unit or condominium development is
proposed for the purpose of selling individual lots or estates, whether
fronting onto private streets or dedicated streets, the standards and re-
quirements of this Ordinance may be modified by the (Board) (Council) upon
recommendatioh of the Conunission. To ensure that the general intent and
spirit of the Comprehensive Plan of the (County) (City) is upheld, additional
requirements may be imposed by the (Board) (Council) which may include but
are not limited to those in the following sections.
13.02: PRIVATE STREETS:
Private streets construction standards shall be based upon recommendations from
the Engineer and Administrator. Adequate construction standards may vary de-
pending on the size of the development and the demands placed on such improvements.
13.03: HOME O',VNERS' ASSOCIATION
Home Owners' Association by-laws 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) (Council).
Any and all powers as specified in such agreements may be required to also be
assigned to the jurisdictional agency to ensure 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.
13.04: STORAGE AREAS:
Storage areas shall be provided for the anticipated needs of boats, campers and
trailers. For typical residential development, one adequate space shall be
provided every three (3) living units. This may. be reduced by the (Board)
(Council) if there is a showing that the needs of a particular development ar?
less.
13.05: PARKING SPACE:
One additional parking space beyond that which is required by the Zoning Ord;
nance may be required for every five (5) units to accommodate visitor parking.
32
13.06: ?`WINTENt1NCE I;UILllING:
A maintenance building shall be provided, size and location to be determined by
the type and service needed for the necessary repair and maintenance of all
common areas.
13.07: OPEN SPACE
the location of open space shall be appropriate to
of such shape and area to be useable and convenient
development.
13.08: CONTROL DiJI:ING llEVELOP'yENT:
the development and shall be
to the residents of the
Single 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.
33
Section
14.00: t~iOBILI: Ii0)~ SUBDZVISIO\S:
14.01. GE\iF:aL:
:~
:Ibile ::ome subdivisions shall in general be treated tae sale as any residential
subdivision, subject to any special requirements set forth iP. t::e Zoning Ordinance
and Building Code, and also subject to the following special requirements.
14.02: SPECIAI. .IQUIRli~4I::~TS:
Mobile hor,~e subdivisions shall be subject to the following special requirements:
1. TiZey may be submitted and treated as plahned unit developments; provided,
that xhe elements of a planned unit development as stipulated in Sec-
tion 13.00 of this Ordinance are present.
2. They shall have a minimum of fifty (50) lots, unless they are adjacent to and
contiguous with an existing mobile home subdivision.
3. They shall be screened from adjacent areas, other than subdivisions of the
sametype, by aesthetically acceptable fences, walls, and/or living planting
areas, unless the Commission determines that this requirement is fulfilled
by existing natural or man-made barriers.
4. A Home Owners' Association shall be established, even if the development is
not a planned unit development, to maintain vacant, and temporarily un-
. occupied premises to the extent of preventing fire, health and safety
hazards. The Home Owners' Association shall meet the requirements of
Section 13.03 of tills Ordinance.
5. Side lot lines shall be within thirty (30) degrees of right angle or radial
line to the street line, unless a variation from this regulation wit=
provide a more desirable street and lot plan.
34
i•
Section
15.00:. 11'.~NdP.S ANll APPEALS:
1.01: F'~.ivers: G?giver of any requirement, save and except the surety agreement and
bo::d, of this Ordinance may be granted by the (Board} (Council) in ay •
particular case upon tine recom-nendation of the Commission. Application for
such caaiver must show that there are special circumstznces or conditions
~_=acting the property in question ahd that a waiver of such regulations will
rot ba r.~aterially detrimental to the public welfare or injurious to other
property in tine area.
15.02: ~~plication for Sdaiver: Applications shall be mach to the Administrator in
writing, together caith such related data and maps as necessary to fully illus-
trate the relief sought. Such application may be made separately or in con-
junction with a preliminary plat application and shall be processed and
considered in the same manner as a preliminary plat application.
15.03: Appeals, Commission: Any person, firm, or corporation may appeal in writing the
decision of the Commission relative to any matters hereunder decided to the
(Board) (Council) coithin ten (10) days from such decisions.
15.04: Appeals, (Board) (Council): Any person, firm, or corporation may appeal the
decision of the (Board) (Council) to the District Court in the sam:~.-,anner and
within the same time as other appeals may be taken from orders of the (Board)
(Council).
35
~ a
i~,.uo: :~, .:~~i~~a.~rs:
16.01: l,:c Co:n::,ission may recommend amendments to this Ordinance and the (Board)
(Council), in acting on such recommendation or on its o~m motion, may amend
t'.tis Ordnance from time to time; provided however, that the procedure followed
in such modifications shall be the same as in the original adoption of this
Ordinance.
36
•
5octi.on
17.00: 1'ILI~G i~liliS !~yll CUTS:
_~ T;.e follocaing fees and costs shall be paid to the (County) (City) and deposited
pith file Administrator:
17.01: Preli:ni_nary Plat: At the time, of submission of the application for a pre-
li:uinary plat, a fee of twenty-five dollars ($25.00) shall be paid by the
subdivider.
17.02: Final Plat: At the time of submission of the final plat, a fee of twenty-five
dollars ($25.00) plus one dollar ($1.00) per lot, for the number of lots shown
on the final plat, shall be paid by the subdivider.
17.03: Street Signs: Upon approval of the final plat, and prior to recording, the
subdivider shall pay an amount equal to the cost of purchase and installation
of street signs.
,.
37
5c . pion
1S.U0: BiVl'OP~C11~11~N'P:
1S. 01: lach violation of this .Ordinance shall bca misdemeanor. F?ach violation for
each uay it shall continue shall constitute a separate offense:, and each
' violation shall be punishable as provided in Section 15-113 and/or Sec-
tion 50-1316, Idaho Code.
15.02: ;vi:enever the Cmsnission shall determine that a violation of this Ordinance has
occurrred, or is about to occur, it shall notify the (Board) (Council) of such
violation and recommend action that should be taken. Upon knowledge of a viola-
tion, whether or not recommendation has been received from the Commission, the
(Board) (Council) may require its legal counsel to commence action, criminal or
civil, to correct the violation and to punish the same.
15.03: In the event any subdivision of land, as defined in this Ordinance, ismade.in
violation of the provisions hereof, the proper authorities of the (Board)
(Council), in addition to other remedies, may institute any appropriate action
or proceeding to prevent such unlawful subdivision of land, to restrain, correct,
or abate such violation, or to prevent any illegal act, conduct, business or use
in or about such premises.
38
J~~~SOn
i~.~~: ~~_~.1ll111~:
- 19.01: S:o~.:id ;y section, subsection, paragraah, sentence, clause, or phrase of this
Ordii:ar.ce, or any particular application thereof, be declared urcorstitutional
or invalid for any reason by a court of competent jurisdiction, such decision
shall aot affect the validity 'of the remaining provisions of this Ordinance.
39
S~ ~t i o:i
°o.oo: o!:~1~,~.vc~ r<Li~l:~z:
20.0_: __~~ other ordinances, parts of ordinances, chaptci-a or sections within the
Governing Sody's Code in conSlict herewith are hereby repealed.
•
40
JcCtlOR
21.00: EFFECTIVE DATE:
w... ~iiis Ordinance shall be in full force and effect upon publication following
passage and approval:
Fegularly passed and adopted by ~_
on this day of ;
i
41