9-1: GENERAL SUBDIVISION PROVISIONS:

9-1-1: TITLE:

These regulations shall be known and cited as the CITY OF MINIDOKA SUBDIVISION ORDINANCE.

9-1-2: AUTHORITY:

These regulations are adopted pursuant to title 50, chapter 13 and title 67, chapter 65 of the Idaho Code.

9-1-3: PURPOSE:

The purposes of these regulations are to promote the public health, safety, general welfare, and to provide for:

A. The harmonious development of the city;

B. The coordination of streets, alleys and easements in new subdivisions with existing and future development and improvements;

C. Adequate park and open spaces for travel, light, fresh air and recreation;

D. Adequate transportation, water, sanitary drainage, irrigation and other public services and facilities;

E. Economical development and extension of public facilities and services to meet the demands of growth;

F. An orderly and efficient procedure for submission and disposal of requests for approval of subdivision plats;

G. The delegation of authority for administration of these regulations.

            9-1-4: JURISDICTION:

These regulations shall apply to the subdivision and development of all land within the incorporated territory of the city, including the property within the area of impact of the city under section 50-1306, Idaho Code as defined by previous ordinance, including the property within one mile of the corporate limits of such city under the provisions of section 50-1306, Idaho Code.

            9-1-5: INTERPRETATION:

All subdivisions as herein defined shall be submitted for approval of the council and shall comply with the provisions of these regulations. These regulations shall supplement all other regulations, and where at variance with other laws, regulations, ordinances, or resolutions, the more restrictive requirements shall apply. This title shall not apply to any subdivision created and recorded prior to the effective date hereof, except for the further dividing of lots; nor is it intended by this title to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws, ordinances, or regulations, or with private restrictions placed upon property by deed, covenant or other private agreements, or with restrictive covenants running with the land to which the city is a party.

            9-1-6: ADMINISTRATION:

The city council shall administer this title, consistent with title 8, chapter 12 of this code, and shall receive and act upon all subdivision applications.

            9-1-7: COMBINING OF PERMITS:

The council is hereby required to combine all permits which may be required in this title and previously or subsequently adopted city ordinances which are relative to land development into one permit application procedure. In conjunction with a combined permit, the council shall coordinate methods of approval with the respective departments for the purpose of reducing errors and unnecessary delay in processing applications.

            9-1-8: SEVERABILITY:

Where any word, phrase, clause, sentence, paragraph, or section, or other part of these regulations is held invalid by a court of competent jurisdiction, such judgment shall affect only that part so held invalid.

9-2: SUBDIVISION DEFINITIONS:

            9-2-1: INTERPRETATION OF TERMS OR WORDS:

For the purposes of these regulations, certain terms or words used herein shall be interpreted as follows:

A. The present tense includes the past or future tense, the singular includes the plural and the plural includes the singular;

B. The word “shall” is mandatory; “may” is permissive; the word “should” is preferred; and

C. The masculine shall include the feminine.

            9-2-2: MEANINGS OF TERMS OR WORDS:

BLOCK: A group of lots, tracts, or parcels within well defined boundaries, usually streets.

BUILDING: A structure designed or used as the living quarters for one or more families, or the structure designed or used for occupancy by people for commercial or industrial uses.

BUILDING SETBACK LINE: An imaginary line established by subdivision regulations and zoning provisions requiring all buildings to be set back a certain distance from lot lines and street rights of way.

BUILDING SITE: An area proposed or provided and improved by grading, filling, excavation or other means for erecting pads for buildings.

CEMETERY: A lot that has been planned for the selling of sites for the burial of animal or human remains.

COUNCIL: The mayor and city council as appointed by the council to administer this title, having jurisdiction over the parcel of land under consideration.

COMPREHENSIVE PLAN: A plan, comprehensive plan, or comprehensive development plan adopted by the local authority and showing the general location and extent of present and proposed development, including, but not limited to, housing, industrial and commercial uses, streets, parks, schools and other community facilities.

CONDOMINIUM: An estate consisting of: a) an undivided interest in common in real property, in an interest or interests in real property, or in any combination thereof, together with b) a separate interest in real property, in an interest or interests in real property, or in combination thereof.

COUNCIL: The city council of the municipal governing body.

COUNTY RECORDER: The office of the county recorder.

COVENANT: A written promise or pledge.

CULVERT: A drain that channels water under a bridge, street, road or driveway.

DEDICATION: The setting apart of land or interests in land for use by the public. Land becomes dedicated when accepted by the city as a public dedication, either by ordinance, resolution, or entry in the official minutes, or by the recording of a plat showing such dedication.

DEVELOPER: Authorized agent(s) of a subdivider or the subdivider himself.

DWELLING UNIT: Any building or other structure, proposed or built for occupancy by people.

DWELLING UNIT (PREFAB): A building or other structure, proposed or built for occupancy by people that is designed for initial transportation on streets and highways which arrives at a site where it is installed on a permanent foundation.

EASEMENT: A grant by a property owner to specific persons or to the public to use land for specific purposes.

ENGINEER: Any person who is licensed in the state to practice professional engineering.

GOVERNING BODY: The mayor and city council of the city of Minidoka, Idaho.

HIGHWAY: A street designated as a highway by an appropriate state or federal agency.

IMPROVEMENT: Any alteration to the land or other physical constructions associated with subdivision and building site developments.

LARGE SCALE DEVELOPMENT: A subdivision the size of which consists of thirty (30) or more lots or dwelling units.

LOT: A parcel, plot, tract, or other land area of suitable size as required in these regulations and existing zoning ordinances; and created by subdivision for sale, transfer, or lease.

LOT AREA: The area of any lot shall be determined exclusive of street, highway, alley, road, or other rights of way.

LOT TYPES: As used in these regulations, lot types are as follows: Corner Lot: A lot located at the intersection of two (2) or more streets; or, a lot bounded on at least two (2) sides by the same street. Interior Lot: A lot other than a corner lot, with frontage on only one street. Reversed Lot: A lot with frontage on a side street or other right of way other than an interior or corner lot. Through Lot: A lot with frontage on more than one street, not a corner lot. Also known as a double frontage lot. Through lots are prohibited under these regulations unless such a lot meets the criteria of a “backup lot” in subsection 9-4-10F of this title.

MOBILE HOME: A single-family dwelling designated for transportation after fabrication on streets and highways on its own wheels or on a 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 other temporary or permanent foundations, connections to utilities, and the like. A prefab dwelling unit or travel trailer is not to be considered as a mobile home. A travel trailer is one that can legally be towed by passenger car.

MOBILE HOME PARK: A park designed and intended for purposes of rental spaces where residence is in mobile homes exclusively.

MOBILE HOME SUBDIVISION: A subdivision designed and intended for residential use where residence is in mobile homes exclusively.

MONUMENT: Any permanent marker either of concrete, galvanized iron pipe, or iron or steel rods, used to permanently establish any tract, parcel, lot or street lines, as specified in section 50-1303, Idaho Code.

OPEN SPACE: An area open to the sky for outdoor recreation activity. Streets, buildings, or other covered structures are not included in computing these areas.

ORIGINAL PARCEL OF LAND: A lot or tract as recorded on any plat or record on file in the office of the county recorder, each one- sixteenth (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 title.

OWNER: The individual, firm, association, syndicate, partnership, or corporation having proprietary interest in the land to be subdivided.

PERFORMANCE BOND: An amount of money or other negotiable security paid by the subdivider or his surety to the city clerk and recorder which guarantees that the subdivider will perform all actions required by an approved plat, and provides that if the subdivider defaults and fails to comply with provisions of an approved plat, the subdivider or his surety will pay damages up to the limit of the bond, or the surety will itself complete the requirements of the approved plat. The amount of the bond shall be set by the council in its sole discretion.

PLANNED UNIT DEVELOPMENT: A use or a combination of residential, commercial and industrial uses planned for a tract of land to be developed as a unit under single ownership or control, which is developed for the purpose of selling or renting individual lots or estates, whether fronting on private or dedicated streets, which may include two (2) or more principal buildings as governed by the zoning title. The requirements of this title may be modified by the council to achieve the best possible planned development for the specific site under consideration.

PLAT: The drawing, mapping, or planning of a subdivision, cemetery, townsite or other tract of land or a replatting of such including certifications, descriptions and approvals.

A. Preliminary Plat: The first formal presentation by maps or drawings of a proposed subdivision, as required in these regulations.

B. Final Plat: The final and formal presentation by maps or drawings of an approved subdivision development, the original and one copy of which is filed with the county clerk and recorder.

RESERVE STRIP: A strip of land between a dedicated street or partial street and adjacent property, in either case, reserved or held in public ownership for future street extension or widening.

RIGHT OF WAY: A strip of land dedicated or served for use as a public way of which normally includes sidewalks and other public utilities of service areas.

SIDEWALK: That portion of the street right of way outside the street pavement, which is improved for pedestrian use (also known as a walkway).

STANDARD SPECIFICATIONS: Shall be the specifications as may be specified in this title or as officially adopted by the city.

STATE: The state of Idaho.

STREET: A right of way which provides access to adjacent properties, the dedication of which has been officially accepted. The term “street” also includes the terms highway, thoroughfare, parkway, road, avenue, boulevard, lane, place, and similar terms. Some related terms and definitions are as follows: Alley: A minor street providing secondary access at the back or side of a property otherwise abutting a street. Arterial: A street designated for the purpose of carrying fast and/or heavy traffic. Collector: A street designated for the purpose of carrying traffic from minor streets to other collector streets and/or arterial streets. Commercial: A street designated for the purpose of providing traffic movement in a commercial area. Cul-De-Sac: A street connected to another street at one end only and provided with a turnaround space. Dead End: A street connecting to another street at one end only and not having provision for vehicular turnaround at its terminus. Frontage: A minor street, parallel to and adjacent to an arterial street, which has the primary purpose of providing access to abutting properties. Industrial: A street designated for the purpose of providing traffic movement in an industrial area. Loop: A minor street with both terminal points on the same street of origin. Minor: A street which has the primary purpose of providing access to abutting properties. Partial: A dedicated right of way providing only a portion of the required street width, usually along the edge of a subdivision or tract of land. Private: A street which provides vehicular and pedestrian access to one or more properties, however, not accepted for public dedication or maintenance. Side Street: A secondary street that provides access to a corner lot toward which the principal building is not oriented.

SUBDIVIDER: The individual, firm, corporation, partnership, association, syndicate, trust, or other legal entity that executes the application and initiates proceedings for the subdivision of land in accordance with the provisions of the ordinance; the 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.

SUBDIVISION: The division of an original lot, tract, or parcel of land into more than two (2) parts for the purpose of transfer of ownership or development; the dedication of a public street and the addition to, or creation of, a cemetery. However, this title shall not apply to any of the following:

A. An adjustment of lot lines as shown on a recordage, width, depth, or building setback lines of each building site below the minimum zoning requirements, and does not change the original number of lots in any block of the recorded plat;

B. An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property;

C. The unwilling sale of land as a result of legal condemnation as defined and allowed in the Idaho Code;

D. Widening of existing streets to conform to the comprehensive plan;

E. The acquisition of collector and arterial street rights of way by a public agency in conformance with the comprehensive plan; and

F. The exchange of land for the purpose of straightening property boundaries which does not result in the change of the present land usage of the properties involved.

SURVEYOR: Any person who is licensed in the state as a public land surveyor to do professional surveying.

TRAVEL TRAILER PARK: Rental space for travel trailers on a limited basis.

UTILITIES: Installations for conducting water, sewage, gas, electricity, television, storm drains, and similar facilities providing service to and used by the public.

VARIANCE: A modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.

VICINITY MAP: A small scale map showing the location of a tract of land in relation to a larger area.

9-3: PROCEDURE FOR SUBDIVISION APPROVAL:

            9-3-1: SUBDIVISION REQUIRED:

Any person desiring to create a “subdivision” as herein defined shall submit all necessary applications to the Clerk. No final plat shall be recorded with the County Recorder until the plat has been acted upon by the council and approved by the Council. No lots shall be sold from any plat nor building permits issued until it has been recorded with the County Recorder. Unless modified by action of the Council, the provisions of this chapter shall also apply to planned unit developments.

            9-3-2: PREAPPLICATION:

A. Application: To begin the preliminary plat process, the applicant shall submit a completed subdivision preapplication form as provided by the City to the Mayor’s office. The sketch plan shall include the entire development scheme of the proposed subdivision, in schematic form including the area proposed for immediate development in such a form and content as required by the council and shall include the following:

1. The general layout of streets, blocks, and lots in sketch form.

2. The existing conditions and characteristics of the land adjacent to the proposed subdivision.

3. Areas set aside for schools, parks and other public facilities.

B. Fee: None required.

C. Preapplication Approval Procedure: The applicant shall submit the preapplication and plans to the Clerk. After determining a complete application, the Building Official will schedule, within thirty (30) days, a meeting to review the application with representatives of the local fire district and any other applicable utility or agency. At the aforementioned meeting, the applicant shall present the preapplication and intent for review and comment by the Building Official and other agency representatives. The Building Official and the other agency representatives will review the preapplication to determine its compliance with this title as well as the following concerns:

1. The compliance of the proposed development with existing City, local or State policies, goals and objectives or development plans;

2. Determination of potential conflicts which may require a rezone, special development permit, or variance and whether such requirements can be combined into one permit;

3. Advise the applicant of any unique environmental or hazardous concerns that may be directly or indirectly associated with the subject property such areas that have been designated by the State as areas of critical environmental concern, unique plant or animal life, floodplain, airport flight pattern and the like; and

4. Provide the applicant with all necessary forms and checklists.

            9-3-3: PRELIMINARY PLAT:

A. Application: Upon completion of the preapplication procedures, the applicant may file with the Clerk a complete subdivision application with preliminary plat data as required in this title.

B. Combining Processes for Both Preliminary and Final Plats: The applicant may also request that the subdivision application be processed as both a preliminary and final plat if the following conditions are met:

1. The proposed subdivision does not exceed ten (10) lots;

2. No major work is required on existing street network;

3. No major special development considerations are involved, such as infrastructure development or the like; and

4. All required information submittals for both preliminary and final plat are complete and in an acceptable form. A request to combine both preliminary plat and final plat into one application shall be acted upon by the Mayor or the Mayor’s designee.

C. Content Of Preliminary Plat: Preliminary plat shall contain the information required under subsection D of this section. Additional maps or date deemed necessary by the Mayor’s office may also be required. The applicant shall submit to the Mayor’s office at least the following:

1. A preliminary plat of the proposed subdivision, drawn in accordance with the requirements hereinafter stated;

2. Preliminary engineered concept plans for electrical, streets, water, wastewater, sidewalks, and other required public improvements, including a master utility map; said engineered plans shall contain sufficient information and detail to enable the Building Official to make a preliminary determination as to conformance of the proposed improvements with applicable code, regulations, and standards as outlined in this title;

3. A written application requesting approval of the preliminary plat on a form prescribed by the Mayor’s office; and

4. Appropriate information that sufficiently details the proposed development within any special development area, such as hillside, planned unit development, floodplain, cemetery, mobile home, large scale development, hazards and unique areas of development.

D. Requirement Of Preliminary Plats and Plat Applications: The following shall be shown on any preliminary plat submitted or shall be submitted:

1. Name of the proposed subdivision;

2. Names, addresses, and telephone numbers of the present owners of the property (with written and signed consent), the subdivider(s), the surveyor, and/or engineer;

3. Name and address of all adjoining property owners;

4. Legal description of the subdivision;

5. Statement of the intended use of the proposed subdivision, such as residential single-family; two-family and multiple housing; commercial; industrial; recreational; or agricultural and a showing of any sites proposed for parks, playgrounds, schools, churches or other public uses;

6. Map of the entire area scheduled for development if the proposed subdivision is a portion of a larger holding intended for subsequent development;

7. Vicinity map showing the relationship of the proposed plat to the surrounding area (1/4 mile minimum radius, scale optional);

8. Land use and existing zoning of the proposed subdivision and the adjacent land;

9. Streets, street names, right of way and roadway widths, including adjoining streets or roadways;

10. Lot lines, dimensions and numbers, and the total number of lots by block;

11. Contours, shown at five foot (5′) intervals where land slope is greater than ten percent (10%) and at two foot (2′) intervals where land slope is ten percent (10%) or less, with an established bench mark, including location and elevation;

12. Site report as required by the appropriate health district where individual wells or septic tanks are proposed;

13. Any proposed or existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainages, bridges, culverts, water mains, fire hydrant, electric power lines, gas lines, cable lines, and wastewater lines;

14. Any dedications to the public and/or easements, together with a statement of location, dimensions, and purpose of such;

15. If a project is to be constructed/developed in phases, then the overall phasing shall be indicated in a detail on the preliminary plat, but the preliminary plat shall focus on the current phase of development being sought in the application.

16. Copy of any proposed restrictive covenants and/or deed restrictions or, if none, a statement that none are proposed;

17. Any additional required information for special developments as specified in chapter 6 of this title (such as for RV Parks, Cemeteries, Large Scale Developments, etc).

18. Statement as to whether or not a variance will be requested with respect to any provision of this title describing the particular provision, the variance requested, and the reasons therefor.

E. Preliminary Plat Fee: At the time of submission of an application for a preliminary plat a nonrefundable fee be paid, the amount which shall be set by resolution of the Council. There shall be no additional fee for the combining of the preliminary and final plats.

F. Submission Requirements: The Applicant shall have submitted the required preliminary plat and required supplemental material, and required fee to the Mayor’s office before scheduling and noticing a regular Council meeting.

G. Public Notification:

1. Posting Notice: For parcesl larger than five (5) acres, City will post a reasonable number of notices on or near the subject property under consideration to be subdivided. The location of the notices shall be on the closest public road(s), in visible locations, surrounding the subject property and erected at least fifteen (15) days prior to the Council’s meeting. Applicant shall be responsible to reimburse City for actual cost of posting notice.

2. Mailed Notice: City shall give actual written notice to every person residing within three hundred feet (300′) of any border of the proposed subdivision at least fifteen (15) days prior to the Council’s meeting. Applicant shall be responsible to reimburse City for actual cost of mailing notice.

3. Published Notice: City shall publish notice at least fifteen (15) days prior to the Council’s meeting and upload to its website. Applicant shall be responsible to reimburse City for actual cost of publishing notice.

H. Council Action: At the next regularly scheduled Council meeting, the applicant shall present the preliminary plat for action. The Council may approve, approve conditionally, disapprove, or table the preliminary plat for additional information. The action, and the reasons for such action, shall be stated in writing by the Council and forwarded to the applicant.

I. Reconsideration: An applicant or affected person who appeared in person or in writing before the Council may, within fifteen (15) days of the Council’s action, submit a written request to the city clerk for the Council to reconsider its action. The Council shall respond in writing within fourteen (14) days of the filing of the request, either modifying its original action or affirming it.

J. Approval Period: Failure to record a final plat within one (1) year after action by the Council shall cause all approvals of said preliminary plat to be null and void, unless an extension of time is applied for prior to the expiration date and granted by the Council.

            9-3-4: FINAL PLAT:

A. Application: After the approval or conditional approval of the preliminary plat, the applicant may cause the subdivision, or any part thereof, to be surveyed and a final plat prepared in accordance with the approved preliminary plat. The applicant shall submit to the council the following:

1. An original of the final plat that conforms to the approved preliminary plat under 9-3-3.

2. Verification that the engineer construction plans have been approved by the City, expressly including the Clerk and Building Official.

B. Content Of Final Plat: The final plat shall include and be in compliance with all items required under Idaho Code, 50-1304, which includes provisions such as being drawn to a scale to ensure clarity of lines and notations, using permanent ink or transfer process, type and size of paper/film. The final plat application packet shall include at least the following:

1. Written application for approval of such final plat as stipulated by the Council;

2. Proof of current ownership of the real property included in the proposed final plat;

3. Such other and further information as the Council may deem necessary including consents;

4. Conform with the approved preliminary plat and meeting all requirements or conditions of the Council;

5. Conform to all requirements and provisions of this title; and

6. Conform to local standards and acceptable engineering practices.

C. Council Review: The Council shall review the final plat for compliance with the approved or conditionally approved preliminary plat. If the Council determines that there is a substantial difference between the final plat and what was considered as the preliminary plat, or that conditions of preliminary approval have not been met, the Council may require that the final plat be resubmitted in the same manner as required in the preliminary plat process.

D. Agency Review: The Mayor or the Mayor’s designee may transmit a copy of the final plat, or other document(s) submitted, for review and comment to such departments, agencies, districts, or others as deemed necessary to ensure compliance with the preliminary plat and all other conditions previously set. Such agency review shall also include the construction standards of improvements, compliance with health standards, an opinion of cost for all improvements, and the legal review of the performance bond to be issued to the City under section 9-3-5 of this chapter. The Mayor or the Mayor’s designee shall report the results of this review to the Council.

E. Council Action: At its next meeting following receipt of any agency review under subsection D of this section, the Council shall consider the record, together with findings and comments from concerned persons and agencies, and shall approve, approve conditionally, disapprove, or table the final plat for additional information. Approval shall require that the final plat conform to the requirements of this title applicable at the time of approval of the preliminary plat, to all conditions of preliminary approval, and to the requirements of Idaho law.

F. Approval Period: Final plat and covenants, if any, shall be filed by the applicant with the County Recorder within ninety (90) days after written approval by the Council; otherwise, such approval shall become null and void unless prior to said expiration date an extension of time is applied for and granted by the Council.

G. Prior to recording the final subdivision plat, the applicant shall submit to the Mayor’s office:

1. Approved copies of the final construction plans and specifications for streets, water, wastewater, stormwater, parks, gravity irrigation and pressure irrigation systems. All plans and specifications shall have sufficient detail, written information, vertical and horizontal dimensions to accurately locate the proposed improvements in the field and determine their relationship to other improvements. The City Building Official shall establish standards.

2. Financial guarantee of improvements pursuant to section 9-3-5 of this chapter.

3. Certification of water and wastewater plan approval from the Idaho Department of Environmental Quality.

4. Certification and signature of the Mayor or Building Official verifying that the subdivision meets the City requirements and has been approved by the Council.

5. If required for purposes of an allowed well and/or septic system, certification and signature of local or State health agency that all health requirements have been complied with or the required sanitary restriction set forth in title 50, chapter 13, Idaho Code has been placed thereon.

6. Street and utility plan approval from the Idaho Transportation Department or Minidoka Highway District, as required.

7. Gravity or other irrigation system plan approval from the Bureau of Reclamation or Minidoka Irrigation District, as required.

8. An executed developer’s agreement, if required by the City.

9. A recorded or recordable warranty deed or other valid and duly executed instrument of transfer to the City of Minidoka for surface or groundwater water rights for the land described on the plat, including the transfer of the water rights shares in any irrigation district where the land is located, unless otherwise agreed to between the City and the developer.

10. Signature on the plat of the Mayor’s office verifying that all conditions for approval of a final plat have been met as required either by a developer’s agreement, other City requirements or both. Upon approval of the final plat by the Council, and compliance with the foregoing then the applicant shall deliver the final plat to the County Recorder for recording.

H. Method of Recording:

1. Once Council has approved the proposed final plat, applicant shall prepare a hard copy of the final plat under Idaho Code 50-1304 and Minidoka County requirements.

2. Applicant is responsible to acquire each required signature on the plat and then record the plat with the Minidoka Recorder Office.

3. Applicant is responsible to provide an electronic copy of the recorded plat with instrument number listed to City.

            9-3-5: GUARANTEE OF COMPLETION OF IMPROVEMENTS:

A. Financial Guarantee Arrangements: In lieu of the actual installation of required public improvements before recording of the final plat, the Council may permit the subdivider to execute a trust and escrow agreement and record a notice prohibiting the sale of an undeveloped lot without a recorded developer’s agreement between the subdivider and the City relating to that lot, or to provide a financial guarantee of performance in one or a combination of the following arrangements for those requirements which are over and beyond the requirements of any other agency responsible for the administration, operation and maintenance of the applicable public improvement:

1. Surety Bond:

a. Bond: The bond shall accrue to the City covering construction, operation and maintenance of the specific public improvement.

b. Amount: The bond shall be in an amount equal to one hundred ten percent (110%) of the total estimated cost for completing construction of the specific public improvements, as estimated by the developer’s consulting engineer and approved by the City Engineer.

c. Term Length: The term length in which the bond is in force, for the duration of that phase of the project, shall be for a period to be specified by the Council for the specific public improvement.

d. Bonding Or Surety Company: The bond shall be with a bonding or surety company authorized to do business in the State of Idaho, acceptable to the Council.

e. Cancellation Of Bond: Cancellation of the bond voids approval of the final plat; and no building permits may be issued for any further construction in the subdivision.

2. Cash Deposit, Certified Check, Negotiable Bond Or Irrevocable Bank Letter Of Credit:

a. Treasurer, Escrow Agent Or Trust Company: A cash deposit, certified check, negotiable bond or an irrevocable bank letter of credit, such surety acceptable by the Council, shall be deposited with an escrow agent or trust company.

b. Dollar Value: The dollar value of the cash deposit, certified check, negotiable bond or irrevocable bank letter of credit shall be equal to one hundred ten percent (110%) of the estimated cost of construction for the specific public improvement, as estimated by the developer’s consulting engineer approved by the Mayor or Building Official.

c. Escrow Time: The escrow time for the cash deposit, certified check, negotiable bond or irrevocable bank letter of credit shall be until completed and accepted by the Mayor or the Mayor’s designee.

d. Progressive Payment: In the case of cash deposits or certified checks, an agreement between the Council and the subdivider may provide for progressive payment out of the cash deposit or reduction of the certified check, negotiable bond or irrevocable bank letter of credit, to the extent of the cost of the completed portion of the public improvement, in accordance with a previously entered into agreement.

e. Removal Of The Cash Deposit: Removal of the cash deposit by anyone other than the City, revocation of the letter of credit, cancellation or removal of the certified check, negotiable bond or such surety allowed by the City, voids approval of the final plat; and no building permits may be issued for any further construction in the subdivision.

B. Conditional Approval Of Final Plat: With respect to financial guarantees, the approval of all final subdivision plats shall be conditioned on the accomplishment of one of the following:

1. The construction of improvements required by this title shall have been completed by the subdivider and approved by the City Engineer.

2. Surety acceptable to the Council shall have been filed in the form of a cash deposit, certified check, negotiable bond, irrevocable bank letter of credit or surety bond.

C. Developer’s Agreement: Unless waived by the City Council, before approving a final plat and construction plans and specifications for public improvements, an agreement between the developer or subdivider and the Council shall be made to provide for checking or inspecting the construction and its conformity to the submitted plans. The owner, if different from the developer or subdivider, shall be made a party to the agreement.

D. Action In Case Of Failure To Complete The Construction Of A Public Improvement: In the event the subdivider shall fail to complete such work within the period of time as required by the conditions of the guarantee or as otherwise agreed for the completion of public improvements the City may proceed to have such work completed, or in the sole discretion of the City, return any or all of the subdivision back to its condition as it more or less was prior to any plat approval or other development. In order to accomplish this, the Council shall reimburse itself for the cost and expense thereof by appropriating the cash deposit, certified check, irrevocable bank letter of credit, or negotiable bond which the subdivider may have deposited in lieu of a surety bond, or may take such steps as may be necessary to require performance by the bonding or surety company, and as included in a written agreement as above provided. In addition to all other remedies, the City will not issue further building permits for the subdivision until the improvements are provided or the matter is otherwise resolved. If no improvements have been made, the City may void the approval of the final plat.

E. Security: The City will hold ten percent (10%) of security for a two (2) year warranty period from date of acceptance of said improvements. At the completion of the two (2) year warranty period a final inspection will be conducted. Any noted deficiencies in said final inspections must be corrected prior to the release of the remaining security held by the City. Balance of security will be paid within thirty (30) days of acceptance by City. Interest will not be paid on any security held by the City.

F. Final Plat And Covenants: Final plat and covenants, if any, shall be filed by the subdivider/developer with the County Recorder within ninety (90) days after written approval by the Council; otherwise, such approval shall become null and void unless prior to said expiration date an extension of time is applied for and granted by the council. No building permits may be issued for the subdivision until such recording has occurred. A copy of the recorded plat, as recorded, shall be given by the developer to the City.

9-4: DESIGN STANDARDS:

            9-4-1: MINIMUM DESIGN STANDARDS REQUIRED:

All plans submitted to the provisions of this title, and all subdivisions, improvements and facilities done, constructed or made in accordance with said provisions shall fully comply with the minimum design standards set forth hereinafter in this chapter; provided, however, that any higher standards adopted by any highway district, state highway department or health agency shall prevail over those set forth herein.

            9-4-2: DEDICATION:

Arterial and collector streets shall be dedicated to the public in all cases; in general, all other streets shall also be dedicated to public use.

            9-4-3: LOCATION:

Street and road location shall conform to the following:

A. Street Location And Arrangements: When a major street plan or comprehensive development plan has been adopted, subdivision streets shall conform to such plans;

B. Local Or Minor Streets: Shall be so arranged as to discourage their use by through traffic;

C. Street Continuation And Extension: The arrangement of streets shall provide for the continuation of existing streets from adjoining areas into new subdivisions unless otherwise approved by the council and the highway district or department having jurisdiction over such streets;

D. Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall be such that said streets extend to the boundary line of the tract to make provisions for the future extension of said streets into adjacent areas. A reserve strip may be required and held in public ownership;

E. Relation To Topography: Streets shall be arranged in proper relation to topography so as to result in usable lots, safe streets and acceptable gradients;

F. Alleys: Alleys shall be provided in multiple-dwelling or commercial subdivisions unless other provisions are made for service access and off street loading and parking. Dead end alleys shall be prohibited in all cases;

G. Frontage Roads: Where a subdivision abuts or contains an arterial street, it may be required in the discretion of the council that there be frontage roads approximately parallel to and on each side of such arterial street, and that there be such other treatment as is necessary for the adequate protection of residential properties and to separate through traffic from local traffic;

H. Cul-De-Sac Streets: Cul-de-sac streets are allowed when circumstances require, in the discretion of the city. When allowed, a cul-de-sac shall have a turnaround at the end of at least one hundred feet (100′) in diameter;

I. Half Streets: Half streets shall be prohibited except where unusual circumstances make such necessary to the reasonable development of a tract in conformance with this title and where satisfactory assurance for dedication of the remaining part of the street is provided. Whenever a tract to be subdivided bordering on an existing half or partial street, the other part of the street shall be dedicated with such tract; and

J. Private Streets: Private streets and roads shall be prohibited except within planned unit developments.

            9-4-4: SPECIFICATIONS:

A. Street Right of Way Widths: Street and road right of way widths shall conform to the adopted Transportation Master Plan or comprehensive development plan, Typical Sections, and the rules of the state department of highways and the highway district or department having jurisdiction; minimum right of way standards are as follows:

Street Type	Width	Width Of Pavement
Collector Street	80 feet	50 feet (lip to lip)
Minor Collector Street	66 feet	38 feet
Residential/Local Street	50 to 66 feet	Varies 34 to 38 feet

B. Street Grades: Street grades shall not exceed nine percent (9%) on either Local or Collector streets, and no street grade shall be less than five-tenths feet (5/10′) per one hundred feet (100′) or o.5% grade.

C. Vertical Street Alignment: Minimum sight distances shall be two hundred feet (200′) for Residential streets and three hundred feet (300′) for other streets.

            9-4-5: STREET NAMES:

The naming of streets shall conform to the following: street names shall not duplicate any existing street name except where a new street is a continuation of an existing street; street names that may be spelled differently but sound the same as existing streets shall not be used.

            9-4-6: INTERSECTIONS:

Intersections shall conform to the following:

A. Angle Of Intersection: Streets shall intersect at ninety degrees (90°) or as closely thereto as possible, and in no case, shall streets intersect at less than seventy-five degrees (75°);

B. Number Of Streets: No more than two (2) streets shall cross at any one intersection;

C. “T” Intersections: “T” intersections may be used wherever such design will not unduly restrict the free movement of traffic, Offset “T” intersections shall be far enough apart to facilitate storage for left turning traffic movements;

D. Vertical Alignment of Intersection: A nearly flat grade with appropriate drainage slopes is desirable within intersections. This flat section shall extend fifty feet (50′) to one hundred feet (100′) each way from the center of the intersection. An allowance of two percent (2%) maximum intersection grade in flat or rolling terrain, and four percent (4%) in hilly terrain, will be permitted.

            9-4-7: PEDESTRIAN WALKWAYS:

Right of way for pedestrian walkways in the middle of long blocks shall be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the right of way shall be at least ten feet (10′) wide and shall extend entirely through the block.

            9-4-8: EASEMENTS:

Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines when necessary; total easement width shall be not less than twelve feet (12′) where lots adjoin. Unobstructed drainageway easements shall be provided as required by the council.

            9-4-9: BLOCKS:

A. Every block shall be so designed as to provide two (2) tiers of lots, except where lots back on to an arterial street, natural feature or subdivision boundary; blocks shall not be less than three hundred feet (300′) long in most all cases.

B. The length, width and shape of blocks shall be determined with due regard to adequate sites suitable to the special needs of the type of use contemplated; the zoning requirements as to lot size and dimensions; the need for convenient access, circulation, control and safety of street traffic; and the limitations and opportunities of topography.

            9-4-10: LOTS:

Lots shall conform to the following:

A. Residential Lot Minimums: Lots in residential low subdivisions shall have the following minimum sizes and characteristics:

1. Lots along roadways;

a. Six thousand one hundred (6,100) square feet;

b. Minimum road frontage length of sixty-five feet (65′).

2. Lots at the inside corner of an intersection or bend in road; a Seven thousand two hundred and twenty (7,200) square feet;

b. Minimum road frontage length of sixty-five feet (65′) along both roads.

3. Lots at the outside corner of a sharp bend in a road, or at the end of a cul-de-sac;

a. Six thousand one hundred (6,100) square feet;

b. Minimum road frontage length of forty feet (40′);

c. Sharp bend is one where the road centerline angle changes by fifty degrees (50°) or more.

B. Lot Lines: Side lot lines should be essentially at right angles to straight streets and generally conform to the radius of curved streets;

C. Corner Lots: Inside corner lots shall have sufficient extra width to facilitate the building setback from both streets;

D. Uninhabitable Areas: Land subject to flooding or which shall otherwise be deemed to be uninhabitable shall not be platted for residential purposes or for any other uses that may increase or create a danger to health, life or property or which may increase or create a flood hazard. Such land within a subdivision shall be set aside for other uses such as parks or other open space;

E. Backup Lots: Lots shall back into such features as freeways, collector streets, shopping centers or industrial properties, except where there is a marginal access street. Such lots shall contain a landscaped easement along the rear at least twenty feet (20′) wide in addition to the utility easement; the restricted access to the collector street will reduce noise effects and help protect outdoor living areas. Lots extending through a block and having frontage on two (2) local streets are to be discouraged and may be prohibited by the council;

F. Lot Frontage: All rectangular lots shall have at least sixty-five feet (65′) of frontage upon a publicly dedicated streets. Exceptions may be granted by the Council for an approved planned unit development;

G. Future Arrangements: Where parcels of land are subdivided into unusually large lots (such as when large lots are approved for septic tank operations) the parcels shall be divided, where feasible, so as to allow for future resubdividing into smaller parcels. Lot arrangements shall allow for the ultimate extension of adjacent streets through the middle of wide blocks. Whenever such future subdividing or lot splitting is contemplated the plan thereof shall be approved by the council prior to the taking of such action; and

I. Further Subdivision; Variances:

1. Further Subdivision Of Lots: In order to protect the easements, traffic density and utility service plans of the city and the general plans of ingress and egress from a subdivision, the platted lots, as depicted on the final plat and as approved by the city, shall not be further subdivided without a submission of an amended subdivision plat and conforming with the requirements of this title for submission and approval of amended plats. Each final subdivision plat shall prominently display the following legend prior to approval: Important notice to owners and purchasers of lots in this subdivision: It is unlawful for any owner of a lot in this subdivision to further subdivide any lot in this subdivision without further formal compliance with the requirements of the City of Minidoka’s subdivision ordinance for approval of amended subdivision plats. The terms “further subdivide” shall include all definitions in the Minidoka City Code and Idaho state law, as well as any form of transfer of ownership of less than the entire lot or interest in a lot to any other person or entity, other than the granting of lawful and appropriate easements, lawful pledges or liens.

2. Variance To Prohibition Of Further Subdivision Of Lots: A lot owner who, because the prohibition against further subdivision, is placed in a position of hardship due to the unique circumstances of the lot in question as defined in title 8 of this code, may make written application to the city for a variance in the same manner and providing the same information as required in title 8 of this code. In addition thereto, the application shall provide the following:

a.    An accurate survey with the proposed subdivision of the lot in question depicted thereon;

b.    An accurate depiction of changes, additions or deletions of utilities easements;

c. A verified statement why application for an amended subdivision plat is either not feasible or impractical which shall include a statement as to why the request either does or does not affect other lot owners in the subdivisions and whether, in the opinion of the applicant, there are other lots in the subdivision that require similar variance or further subdivisions.

3. Procedure: The procedure for granting such a variance shall be as follows: The written petition, accompanied with payment of a fee in the amount set by resolution of the council, shall first be presented to the city council. The council shall then hold a public hearing on the petition, after giving notice by mail to the last known address to all owners of lots and persons using or occupying buildings or residences within the subdivision as well as giving notice as provided in subsection 9-3-3G of this title. If the council determines that it will waive the requiring of submission and approval of an amended subdivision plat, then it shall refer the matter to the mayor and city council. The procedure set forth in title 8 of this code, shall then apply to the consideration and granting of such application for variance by the mayor and city council.

            9-4-11: PLANTING STRIPS AND RESERVE STRIPS:

A. Planting Strips: Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screens shall be a minimum of twenty feet (20′) wide, and shall not be a part of the normal roadway right of way or utility easement.

B.    Reserve Strips:

1.        Reserve Strips, Private: Privately held reserve strips controlling access to streets shall be prohibited.

2. Reserve Strips, Public: A one foot (1′) reserve may be required to be placed at the end or along “stub”, “dead end”, or half streets which terminate at subdivision boundaries. These reserves shall be deeded in fee simple to the city for future street purposes.

            9-4-12: PUBLIC SITES AND OPEN SPACES:

Public sites and open spaces shall conform to the following:

A. Public Uses: Where a proposed park, playground, school or other public use shown on the comprehensive development plan is located in whole or part within a subdivision, a suitable area for this purpose shall be dedicated to the public or reserved for public purchase. If within two (2) years of plat recording, the purchase is not agreed on, the reservation shall be canceled or shall automatically cease to exist; and

B. Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved, insofar as possible, in the design of the subdivision.

            9-4-13: LARGE SCALE DEVELOPMENTS:

Large scale developments shall be governed by the following provisions:

A. Classification:

1. Large Scale Residential Developments: developments with 30 or more dwelling units. For example, 15 duplexes, 30 single family homes, or 8 four-plexes.

2. Large Scale Commercial Developments: developments with over 62,000 SF of warehouse floor space, or over 20,000 SF of retail/office space, or a combination of warehouse, retail, shop, and office space of over 62,000 SF.

B. Open Spaces and Public Sites Guidelines:

1. Large Scale Residential Developments shall provide one or more of the following:

a. Trails and Open Spaces: Minimum of 5% of the gross development land shall be dedicated to access to, parking for, and open space/trail area. Trails are to be at least twenty-five (25) feet wide between fences to avoid a narrow corridor. Trails and open spaces are to be landscaped. Park areas that do not have playground equipment, shade structures/pavilions, sports fields, etc. are considered open space.

b. Sports Fields: Minimum of 4% of the gross development land shall be dedicated to access to, parking for, and the sports field area. Sports fields include developed facilities for baseball, soccer, football, and similar sports.

c. Parks: Minimum of 3% of the gross development land shall be dedicated to access to, parking for, and the developed park area. Parks shall have picnic areas with shade structures, playground equipment, fencing, hard surfaces, walkway, etc. The amount of playground equipment shall be proportional to the size of the park area. Parks where at least 55% of the playground equipment and play areas are ADA accessible may have the percentage of the gross development area required for park dedication reduced to 2%.

d. Sports Courts: Minimum of 2% of the gross development land shall be dedicated to access to, parking for, and the sports courts area. Sports courts include all-weather hard-surfaced fenced areas for tennis, pickleball, basketball, and similar sports.

e. Recreation Centers/Club Houses: Minimum of 1.5% of the gross development land shall be dedicated to access to, parking for, and the developed recreation center/club house area.

f. Combination of two or more of items A through E may be acceptable, the Mayor or the Mayor’s designee shall determine the amount of minimum percentage of gross development land is required to satisfy the requirements of this section.

g. The residential developer may request the City consider receiving and maintaining open spaces and public sites constructed by a developer through dedication and acceptance as part of the platting process and through a Developer Agreement.

2. Large Scale Commercial Developments shall provide one or more of the following:

a. Landscape areas along the borders of the development and around parking/access areas. Minimum of 2% of gross development land shall be dedicated to landscaping areas.

b. Trails/Greenbelts running through the development and connecting to other adjoining properties and public park space. Minimum of 1% of gross development land shall be dedicated to trails and greenbelts. Trails and greenbelts shall be at least thirty (30) feet wide and landscaped. Landscaping within public right-of-way does not count toward fulfilling this requirement. Greenbelts and trails shall be arranged to periodically be adjacent to publicly accessible parking areas to facilitate public use of greenbelts and trails.

c. Cash contribution to City for improvements to other existing City parks that are within 1.5 miles of the proposed large scale commercial development. Cash contributions shall be roughly equivalent to the value of the commercial land with its landscaping improvements that would have otherwise been dedicated by the development.

9-5: IMPROVEMENT STANDARDS:

            9-5-1: PURPOSE:

It is the purpose of this chapter to establish and define the public improvements which will be required to be constructed by the subdivider as conditions for final plat approval and also to outline the procedures and responsibilities of the subdivider and the various public officials and agencies concerned with the administration, planning design, construction, and financing of public facilities and to further establish procedures for assuring compliance with these requirements.

            9-5-2: RESPONSIBILITY FOR PLANS:

It shall be the responsibility of the subdivider of every proposed subdivision to have prepared by a registered engineer, a complete set of construction plans, including profiles, cross section, specifications, and other supporting data, for all required public streets, utilities and other facilities. Such construction plans shall be based on preliminary plans which have been approved with the preliminary plat, and shall be prepared in conjunction with the final plat. Construction plans are subject to approval by the city engineer and other responsible public agencies. All construction plans shall be prepared in accordance with the public agencies’ standards or specifications.

            9-5-3: REQUIRED PUBLIC IMPROVEMENTS:

Every subdivider shall be required to install the following public and other improvements in accordance with the conditions and specifications as follows:

A. Monuments: Monuments shall be set in accordance with section 50-1313, Idaho Code.

B. Streets And Alleys: All streets and alleys shall be constructed in accordance with the standards and specifications adopted by the council. Vertical curbs and gutters shall be constructed on arterial streets.

C. Curbs And Gutters: Curbs and gutters shall be required on minor streets and shall be constructed in accordance with the standards and specifications adopted by the council.

D. Installation Of Public Utilities: Underground utilities are recommended and may be required by the council in areas where overhead facilities would not be compatible with the surrounding properties.

E. Driveways: All driveway openings in curbs shall be as specified by the Building Official, highway district or state highway department.

F. Water Supply System: When a proposed subdivision is to be serviced by a public water supply system fire hydrants and other required water system appurtenances shall be provided by the subdivider. If there is no existing or accessible public water supply system, the subdivider shall be required to install a water supply system for the common use of the lots within the subdivision as approved by state department of environmental community services. Individual wells may be permitted in accordance with the requirements of the appropriate health district.

G. Sanitary Sewer System: When a proposed subdivision is to be served by a public sanitary sewage system, sanitary sewers and other required appurtenances thereto shall be provided by the subdivider as approved by the state department of environmental and community services. Where it is determined in the judgment of the council, based upon the advice of the appropriate health district, that a subdivision cannot be feasibly connected with an existing public or private sewer system or that a public or private sewer system not be provided for the subdivision, that an approved disposal system may be authorized which shall comply with the requirements of the appropriate health district.

H. Sidewalks And Pedestrian Walkways: Sidewalks shall be required on both sides of the street. Where the average width of lots, as measured at the frontage line or at the building setback line, is over one hundred feet (100′), sidewalks on one side may be required by the Council. Pedestrian walkways, when required, shall have easements at least ten feet (10′) in width and include a concrete walk at least five feet (5′) in width, located generally along the centerline of the easement, dedicated as a public pedestrian walkway. Sidewalks shall be unobstructed by poles, posts, mailboxes, or other obstacles which impede the potential flow and safety of the walk or way. Sidewalks and crosswalks shall be constructed in accordance with the standards and specifications as adopted by the Council.

I. Greenbelt: Greenbelts or landscaping screening may be required for the protection of residential properties from adjacent major arterial streets, waterways, railroad rights-of-way or other features. Subdivision plats shall show the location of any greenbelt areas.

J. Street Lighting: Streetlights shall be required to be installed at intersections throughout the subdivision. In these cases a subdivider shall conform to the requirements of the City and the public utility providing such lighting.

K. Bicycle Paths: Bicycle paths should be considered in all developments and may be required by the council.

L. Responsibility For Private Improvements And Public Utilities: It shall be the responsibility of the subdivider to arrange and provide for the development, installation, construction or other improvement of private facilities and public utilities within and for the subdivision in accordance with applicable standards and requirements.

M. Responsibilities For The Construction Of Public Works: The scope of this section is to define the respective areas of responsibility of the subdivider and the City relative to the installation, construction, or other improvements of public works en route to and within the boundaries of a subdivision. In certain instances, the City may require formal written agreements with the subdivider that more fully and specifically describe their respective obligations and responsibilities.

N. General: It shall be the responsibility of the subdivider to complete at his sole expense all the development and construction of public works for and within his subdivision except as specifically provided otherwise to be the obligation and responsibility of the City, or as may be accepted by the City as being within the spirit and intent of its responsibilities.

O. Completion Of Public Works: The subdivider shall complete the installation or construction of all the different phases of public works for which he is responsible before the City will accept any of them. This requirement may be satisfied by completion of a stage if a staged development is called for in the approved development plan.

P. Guarantee Of Completion: Until the public works for which the subdivider is responsible are complete, or an acceptable stage of the development is completed, the City will issue no building permit for private construction therein unless a satisfactory performance bond or other suitable guarantee of performance acceptable to the City is provided by the subdivider.

Q. Evidence Of Completion: The subdivider shall notify the City in writing when the public works for which he is responsible have been completed. The Mayor or the Mayor’s designee shall also certify in writing, a copy of which shall be sent to the subdivider, that the said public works have been inspected by him or his authorized representative, and that the said public works have been completed in accordance with applicable standards and specifications. As built construction plans shall be submitted to the City upon completion.

R. Acceptance Of Public Works: Compliance with the foregoing provisions shall constitute the City’s acceptance of the public works. The City shall thereby accept said public works and be responsible for their operation and maintenance in accordance with City policies.

S. Streets:

1. Subdivider Requirements: The subdivider shall perform, install, construct, or otherwise complete at his sole expense the following items relative to street improvements within the boundaries of the subdivision:

a. Route (or boundary) surveys of the dedicated rights-of-way.

b. Construction surveys of line and grade.

c. Installation of sidewalks, if applicable.

d. Installation of curb and gutters, if applicable.

e. Preparation of the subgrade.

f. Installation of the roadway base course.

g. Inspection of all phases of construction to assure compliance with applicable standards and specifications.

h. Installation of a crushed gravel leveling course to be used as a temporary wearing surface until a permanent asphalt pavement is installed.

i. Installation of asphalt pavement shall be installed following the installation of curbs and gutters.

j. Adequate runoff, storm sewers, pipes, culverts, ditches or other drainage facilities as designated by the council.

2. City Requirements: The city shall perform, install, construct, or otherwise complete at its sole expense the following items relative to street improvements within the boundaries of the subdivision.

a. Installation of traffic control signs and signals and street name signs.

b. The city shall also improve to the extent it deems suitable, subject to budgetary limitations, such existing right of way as it considers necessary to provide adequate access to the subdivision.

T. Sanitary Sewage Collection System: The subdivider shall be responsible for the installation of a sanitary sewage collection system within the boundaries of the subdivision. The subdivider shall perform, install, construct or otherwise complete at his sole expense the following items relative to sanitary sewers:

1. Preparation of plans and specifications for the construction of the sanitary sewer system, including extensions from the existing collection system, and the approval of said plans and specifications by the Idaho department of health and welfare.

2. Construction surveys of line and grade within the subdivision.

3. Installation of the sewer system within the subdivision, including sewers, manholes and other appurtenances, and, if applicable, sewage pumping stations.

4. If sewer mains are located in a dedicated street, installation of a sewer service line to the property line of each lot.

5. Inspection of construction to assure compliance with the plans, specifications, and applicable standards.

6. Installation of a sewer extension from the existing collection system to a designated point of connection near the subdivision. Connections to the sewers will be in accordance with existing procedures and the policies of the city; and the subdivider will be liable for the payment of sewer assessment and hookup charges as provided by city ordinances.

U. Water Distribution System: The subdivider shall be responsible for the installation of a culinary water distribution system within the boundaries of the subdivision. The subdivider shall perform, install, construct, or otherwise complete at his sole expense the following items relative to a culinary water distribution system:

1. Preparation of plans and specifications for the construction of the water distribution system, and the approval of said plans and specifications by the Idaho department of health and welfare.

2. Construction surveys of line and grade within the subdivision.

3. Installation of the water distribution system within the subdivision, including water lines, control valves, fire hydrants, and appurtenant facilities.

4. If water mains are located in a dedicated street, installation of a water service line to the property line of each lot.

5. Inspection of construction to assure compliance with the plans, specifications, and applicable standards.

6. Installation of a water line extension or extensions as indicated above. Connections to the water mains shall be in accordance with existing procedures and policies of the city, and the subdivider shall be liable for the payment of water assessment and hookup charges as provided by city ordinances.

V. Reimbursement For Oversizing: In the event the city requires the subdivider to ins all oversized pipelines or other excess facilities to make provisions for present or future service needs in excess of the requirements for the subdivision, the city shall reimburse the subdivider for the additional costs of material and installation resulting therefrom.

W. Building Line Setback: In all new subdivisions the building line setback shall be a minimum of twenty feet (20′) from the property line. In the event that a new subdivision is located along a street with existing residences, the setback line shall be not less than other structures along the street and preferably should be set back as an average of the existing structures.

X. Side And Rear Lot Line Clearance: In all new subdivisions no building of any nature shall be placed or constructed nearer than five feet (5′) of the property line. Where utility rights of way or other rights of way or easements are provided along property lines and lot lines no structure of any nature shall be permitted in such rights of way or easements, except for the purpose for which they are provided.

9-6: SPECIAL DEVELOPMENTS:

            9-6-1: PURPOSE:

The purpose of this chapter is to identify the various types of special developments that normally pose special concerns to the council and elected officials when reviewing and acting upon subdivision requests. Therefore, this chapter outlines the general plan submittal requirements and design standards that shall be taken into consideration when acting on special developments. The provisions of this chapter are in addition to the plan requirements and design standards that are required by chapters 3 and 4 of this title. The required information shall be submitted to the council with the preliminary plat.

            9-6-2: PLANNED UNIT AND CONDOMINIUM DEVELOPMENTS:

A. Site Development Plan: The developer shall provide the council with a colored rendering of adequate scale to show the completed development that will include at least the following:

1. Architect style and building design;

2. Building materials and color;

3. Landscaping;

4. Screening;

5. Garbage areas;

6. Parking; and

7. Open space.

B. Private Streets: Private street construction standards shall be based upon recommendations from the Mayor or Building Official and the council. Adequate construction standards may vary depending on the size of the development and the demands placed on such improvements.

C. Homeowners’ Association: Homeowners’ association bylaws and other similar deed restrictions, which provide for the control and maintenance of all common areas, recreation facilities or open space shall meet with the approval of the 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 interest of the owners involved and of the general public.

D. 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 council if there is a showing that the needs of a particular development are less.

E. Parking Space: One additional parking space beyond that which is required by the zoning title may be required for every three (3) dwelling units to accommodate visitor parking.

F. Maintenance Building: 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.

G. Open Space: The location of open space shall be appropriate to the development and shall be of such shape and area to be usable and convenient to the residents of the development.

H. Control During Development: 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.

            9-6-3: CEMETERIES:

A. Function: The developer shall provide the council with written documentation that will sufficiently explain if the proposed cemetery will be used for either human or animal remains and the functions that are anticipated on the property.

B. Compliance With The Idaho Code: The developer shall submit a written statement that has been prepared by an attorney that adequately assures the compliance of the proposed cemetery with the procedural platting requirements that are outlined in title 27, Idaho Code.

            9-6-4: MOBILE HOME PARKS:

A. General: Mobile home parks shall in general be treated the same as any residential subdivision, subject to any special requirements set forth in the zoning title and also subject to the following special requirements.

B. Special Requirements: Mobile home parks shall be subject to the following special requirements:

1. Developed as a planned unit development with a minimum lot area for the planned development of two (2) acres;

2. Essential community facilities and services for the type of development under consideration is available, or provisions shall be made to assure that these facilities will be provided;

3. The site shall be suitable for residential development and not be subject to hazards such as insect or rodent infection, objectionable smoke, noxious odors, unusual noise, or the probability of flooding or erosion;

4. Adequacy of provisions for drainage of surface waters and for waste disposal;

5. Protection of existing ground cover;

6. Screening from adjacent areas, other than subdivisions of the same type, by aesthetically acceptable fences, walls, living plant areas, and existing natural or manmade barriers;

7. The width and construction of access streets shall be suitable for the vehicular traffic requirements of the property served. No lot within the development shall have direct vehicular access to a street bordering the development; and

8. Creation of a homeowners’ association to assure that all common open areas are adequately maintained.

            9-6-5: RECREATIONAL VEHICLE PARKS:

A. General: Recreational vehicle parks shall in general be treated the same as any residential subdivision, subject to any special requirements set forth in the zoning title and also subject to the following special requirements.

B. Special Requirements:

1. Recreation vehicle parks shall be developed as a planned unit development with a minimum lot area for the planned development of two (2) acres;

2. Essential community facilities and services for the type of development under consideration shall be included in the plans or there shall be reasonable assurance that the facilities and services are available, or provisions shall be made to assure that these facilities will be provided;

3. There shall be adequate provisions for drainage of surface waters and for waste disposal;

4. There shall be adequate protection of existing ground cover;

5. There shall be adequate screening from adjacent areas, other than subdivisions of the same type, by aesthetically acceptable fences, walls, living plant areas, and existing natural or manmade barriers; and

6. There shall be adequate provision for width and construction of access streets which shall be suitable for the vehicular traffic requirements of the property served. No lot within the development shall have direct vehicular access to a street bordering the development.

            9-6-6: LARGE SCALE DEVELOPMENT SUBDIVISION; REQUIRED INFORMATION:

Due to the impact that large scale development would have on public utilities and services, the developer shall submit the following information along with the preliminary plat:

A. Identification of all public services that would be provided to the development that will occur as a result of the subdivision, such as fire protection, police protection, central water, central sewer, road construction, recreation, maintenance, schools and other;

B. Estimate the public service costs to provide adequate service to the development;

C. Estimate the tax revenue that will be generated from the development; and

D. Public means of financing the services for the development if any public services would not be offset by tax revenue received from the development.

9-7: VACATIONS, DEDICATIONS AND VARIANCES:

            9-7-1: APPLICATION PROCEDURE:

A. Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement, or desiring to dedicate a street right of way, or easement shall complete and file an application with the council and also file such other applications as are otherwise required by law. These provisions shall not apply to the widening of any street which is shown in the comprehensive development plan, or the dedication of streets, rights of way, or easements to be shown on a recorded plat of a subdivision.

B. Council Action:

1. When considering an application for vacation procedures, the council shall establish a date for a public hearing and give such public notice as required by law. The council may approve, deny or modify the application. Whenever public rights of way or lands are vacated, the council shall provide adjacent property owners with a quitclaim deed for said vacated rights of way in such proportions as are prescribed by law.

2. When considering an application for dedication procedures, the council may approve, deny, or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the council a deed describing and conveying such lands to be recorded with the county recorder.

            9-7-2: PURPOSE OF VARIANCES:

The council may grant a variance from the provisions of this title on a finding that undue hardship may result from strict compliance with specific provisions or requirements of the title or that application of such provisions or requirements is impracticable. The council shall only grant variances that it deems necessary to or desirable for the public interest. In making its findings, the council shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the council finds after a public hearing:

A. That there are such special circumstances or conditions affecting said property that the strict application of the provisions of this title would clearly be impracticable, or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provisions or requirement involved;

B. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated;

C. That such variance will not violate the provisions of the Idaho Code; and

D. That such variance will not have the effect of nullifying the interest and purpose of this title and the comprehensive development plan.

            9-7-3: TOPOGRAPHICAL; PHYSICAL LIMITATION VARIANCE:

Where in the case of a particular proposed subdivision, it can be shown that strict compliance with the requirements of this title would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions, or other such conditions which are not self-inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this title, the council may grant a variance modification or a waiver of these requirements.

            9-7-4: PLANNED UNIT DEVELOPMENT VARIANCE:

The developer may request a variance from specified portions of this title in the case of a planned unit development. Upon considering the requested variance, the council shall take into account the nature of the proposed use of the land and existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, the probable effect of the proposed subdivision upon traffic conditions in the vicinity, adequate open space, light, air and other needs. The council’s findings and report to the council shall include whether:

A. The proposed project will constitute a desirable and stable community development and be in compliance with the comprehensive development plan;

B. The proposed project will be in harmony with adjacent areas; and

C. The proposed project will be served with adequate public facilities.

9-8: ENFORCEMENT AND PENALTIES:

            9-8-1: ENFORCEMENT:

No subdivision plat required by this title or the Idaho Code shall be admitted to the public land records of the, county or recorded by the county recorder, until such subdivision plat has received final approval by the council. No public board, agency, council, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by this title until the final plat has received the approval by the council.

            9-8-2: PENALTIES:

Penalties for failure to comply with the provisions of this title shall be as follows: Violation of any of the provisions of this title or failure to comply with any of its requirements shall constitute a misdemeanor. Each day such violation continues shall be considered as a separate offense. The landowner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the council or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this title or of the Idaho Code.