TITLE 11
SUBDIVISION REGULATIONS
CHAPTER 1
GENERAL PROVISIONS; ENFORCEMENT
SECTION:
11-1-1: Title
11-1-2: Purposes
11-1-3: Jurisdiction
11-1-4: Compliance With Provisions
11-1-5: Interpretation
11-1-6: Administrative And Enforcement Officials
11-1-7: Final Plat Approval Required
11-1-8: Time Constraints
11-1-9: Fees And Costs
11-1-10: Criminal Penalties; Civil Enforcement
11-1-1: TITLE:
This title shall be known and may be cited as the BELLEVUE SUBDIVISION ORDINANCE. (Ord. 91-01, 12-2016)
11-1-2: PURPOSES:
The general purpose of this title is to protect and promote the public health, safety, convenience, and welfare by establishing regulations and a process of review for all proposed subdivisions of land. This title establishes standards for land subdivision in order to accomplish the following:
   A.   To promote orderly, harmonious, and integrated development of land;
   B.   To provide safe, adequate, and efficient pedestrian and vehicular traffic systems and circulations;
   C.   To provide adequate all-weather ingress and egress to subdivisions and lots therein;
   D.   To prevent overcrowding of land and congestions on streets and highways;
   E.   To provide for adequate air, light, solar access, privacy, and open space;
   F.   To provide for adequate fire protection;
   G.   To prevent inadequate or inappropriate provision of water, sewer, streets and pedestrian easements and public expenditures to provide such improvements;
   H.   To protect and conserve wildlife, streams, natural topography, and other desirable natural features by providing for maximum retention of natural topographic features and qualities such as, but not limited to, skyline and ridge tops, knoll ridges, established trees and shrub masses, topsoil, streambeds and stream banks, drainage swales, and preventing damage to the natural environment or scenic beauty;
   I.   To safeguard and enhance the character, appearance, and economic stability of the community;
   J.   To provide adequate and uniform monumenting of land subdivisions and promote accurate legal descriptions;
   K.   To protect the economic base of the community, including property values;
   L.   To provide access to public lands and waters;
   M.   To ensure the provision and construction of adequate improvements including, but not limited to, water, sewer, and other utilities, streets, bridges, drainage, street lighting, and easements;
   N.   To encourage and promote energy conservation and alternative energy sources as well as other advanced building technology;
   O.   To ensure conformance of proposed subdivisions with the above stated purposes and to ensure design conformance with the standards and purposes of this title and all other Municipal ordinances relating thereto, including subsequent amendments. (Ord. 91-01, 12-2016)
11-1-3: JURISDICTION:
The regulations and procedures as set forth in this title shall apply to each and every subdivision of land within the corporate limits of the City and all lands within one mile of said corporate limits, or approved zone of impact, and all jurisdictional areas of the City presently existing or hereafter adopted. (Ord. 91-01, 12-2016)
11-1-4: COMPLIANCE WITH PROVISIONS:
   A.   Regulation of the subdivision of land and the attachments of reasonable conditions thereto is a proper exercise of valid police power granted to the City by article XII, section 2 of the Idaho Constitution. The subdivider has the duty of compliance with reasonable conditions laid down by the Council and commission for design, dedication, improvement, and restrictive use of land so as to conform with the physical and economic development of the City and the safety and general welfare of future plot owners in the subdivision and the public at large.
   B.   All proposed subdivisions of land shall comply with the regulations of this title.
   C.   There shall be compliance with the regulations and procedures contained in this title prior to any of the following:
      1.   The division of a parcel of land into two (2) or more tracts, lots, or parcels for transfer of ownership, building development, leasing, or encumbering with mortgage or deed of trust;
      2.   The establishment of a condominium or townhouse, as herein defined;
      3.   The enlargement of Municipal streets, facilities, and easements;
      4.   The acquisition of collector or arterial street rights-of-way by any public agency in conformance with the Comprehensive Plan;
      5.   Any alteration, modification, change, addition to or deletion from any plat of record, including boundary shifts and/or removal of lot lines between existing platted or unplatted lots or parcels of land. (Ord. 91-01, 12-2016)
   D.   Denial of a subdivision permit or approval of a subdivision permit with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by section 67-8003, Idaho Code. (2018 Code)
11-1-5: INTERPRETATION:
   A.   The regulations contained in this title are in addition to all other regulations, and where at variance with other laws, regulations, ordinances, or resolutions of the City, or any other governmental body having jurisdiction thereover, the more restrictive requirement shall apply. Furthermore, where appropriate for the protection of the public health, safety, convenience or welfare, more stringent standards may be imposed by the commission or Council.
   B.   If any section, paragraph, sentence, or provision hereof, or the application thereof to any particular circumstance, shall be held invalid or unenforceable by a court of competent jurisdiction, such decision(s) shall not affect the validity of the remaining portions hereof, which shall continue in force and effect and be applicable to all circumstances to which they may validly apply. (Ord. 91-01, 12-2016)
11-1-6: ADMINISTRATIVE AND ENFORCEMENT OFFICIALS:
   A.   The Mayor shall appoint, with the approval of the Council, an Administrator to receive and process all subdivision applications and make recommendations to the commission and the Council with regard thereto. The Administrator shall serve at the will of the Council. If no Administrator exists, then the commission shall act as the Administrator.
   B.   It shall be the duty of the Administrator and building inspector to investigate compliance with these regulations and to bring to the attention of the City Council and the City Attorney any violations of this title. (Ord. 91-01, 12-2016)
11-1-7: FINAL PLAT APPROVAL REQUIRED:
   A.   No owner, or agent of the owner, shall transfer, sell, encumber by mortgage or deed of trust, or offer to sell any portion of an unsubdivided parcel of real property before final plat thereof has been approved by the Council and filed with the Office of the Blaine County Recorder as required by law.
   B.   The subdivision of any lot or of any parcel of land by the use of a meets and bounds description for the purpose of sale, transfer, encumbrance by mortgage or deed of trust, or lease, shall not be permitted without filing of a final plat as herein required. All such subdivisions of land shall not be recognized by the City nor shall building permits be issued for any improvements thereon until such subdivisions have received final plat approval and met all requirements of this title. (Ord. 91-01, 12-2016)
11-1-8: TIME CONSTRAINTS:
   A.   The commission shall have sixty (60) days to consider all applications made pursuant to this title and to make its recommendations with regard thereto. Said sixty (60) day period shall commence upon the first meeting at which said commission considers such an application. If no recommendation is made within said period, the application shall be placed upon the appropriate agenda without recommendation.
   B.   The Council shall have ninety (90) days to examine and consider all applications made pursuant to this title and make its finding(s) and/or decision(s) with regard thereto.
   C.   The time periods set forth in this section may be extended for a reasonable period of time by the commission or Council upon a finding that due to the complexity of an application, or changes made in an application during the review process, additional time to examine or consider same is reasonably required. (Ord. 91-01, 12-2016)
11-1-9: FEES AND COSTS:
The subdivider shall pay to the City by depositing with the City Treasurer certain fees and costs. There shall be a subdivision application fee. Said fee shall be set by resolution of City Council. (Ord. 91-01, 12-2016; amd. 2018 Code)
11-1-10: CRIMINAL PENALTIES; CIVIL ENFORCEMENT:
   A.   Penalties: Any person, firm, association, or corporation that fails to comply with or violates any of the regulations of this title shall be guilty of a misdemeanor and punishable as provided in section 1-4-1 of this Code. Each day that said violation continues shall be considered a separate offense. (Ord. 91-01, 12-2016; amd. 2018 Code)
   B.   Civil Enforcement: Appropriate actions and proceedings at law or inequity may be instituted by the City Attorney to prevent or rectify illegal subdivisions, to recover damages, to restrain, correct, or abate any violation, or to prevent illegal occupancy of a building, structure or premises. These remedies shall be accumulative and in addition to the penalties described in subsection A of this section. (Ord. 91-01, 12-2016)