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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; ' -1 32~ back to bacl psi _ ~ is nnexa -. raven a o the street width , i ___ he s , ~ ~ ~ rest width be ehsnge q ~s t o to 6 ~ -- --- 1 - _ _ _ -- ---- 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 -~ I, T - ~ -- - The Motion was ads y Don oberts and seconded y Ja k Cre son that ~ ! ~ - i ~recommeh3ed~o. 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. s ~ ~ ~ ' ~ ~ The Commission discu ad~aeent to the pro p p y Itewas rointed octet --- p -- 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 -- -- -are one - -- - - ~ -_. .._ _ _. ' -_ 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 _.. _ . _ _ ^sP/~V I f !(~ ! i ~ ~ ..-- ~ JI ~'fMeP~iNb WvIT1aM 111 UNA~ HANNEL rt tkt • i i ~.~ - "' PARK W'~ .~ ~ I ~ i ~~ ~1J K ~ `y _ ~. t -~--t-- ~ ~ t i I .t li[~KY lP~°E GHER~ r '~/~.;^ _ ,_ >HnPPi~lr~ CENTER. 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. 28 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. 30 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. 31 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