Compliance with all of the applicable following standards is required for approval of a preliminary plat. The Board may impose conditions of approval to ensure compliance with these standards, which would allow for a finding of conditional compliance.
A. Lots and Blocks:
1. Lots shall meet the dimensional standards for the district in which they are located (modifications may be granted through a Planned Unit Development [PUD], Cluster Development [CD], or Transfer of Development Rights [TDR] subdivision).
2. No single lot shall be divided by a street, existing right- of-way, or other lot or parcel.
3. No single lot shall be divided by a municipal or County boundary line, or by an Area of City Impact boundary line.
4. Each lot shall have a minimum twenty-foot (20') wide frontage or platted easement for access to a public or private street.
5. Each lot shall contain a buildable site which is located outside any Floodplain Overlay, Wetlands Overlay, Mountain Overlay and Scenic Highway Overlay district. Buildable sites shall comply with all required setbacks, including natural resource overlay setbacks except as may be allowed pursuant to 10-5-3.B.3 or 10-5-3.B.4 of this chapter.
6. On lots located adjacent to public lands, all buildings and other structures (except for perimeter fencing) shall have a minimum thirty-foot (30') setback from federally managed and state endowment lands. Buildings and structures on lots of five (5) or more acres shall have a minimum fifty-foot (50') setback from public lands.
7. Calculation of lot area shall not include any land below the Ordinary High Water Mark of any navigable stream (as defined by Idaho Code section 36-1601), and subject to the public trust doctrine.
8. Lots should have access to an internal street, where practical, to provide for safer neighborhoods and to reduce the number of approaches onto existing county or state roads. The Blaine County Right-of-Way Management Plan includes approach spacing standards.
9. Applicants may be required to arrange lot and blocks in anticipation of future resubdivision and provide for future streets where necessary in any of the following instances:
a. Proposed lots are more than double the minimum acreage required for residential zoning districts R-1 through R-2 ½.
b. Proposed lots equal or exceed the minimum acreage required in the Residential/Agricultural District (R-5).
c. The subject property lies within an Area of City Impact. Within an Area of City Impact, lots and streets shall be configured with due regard to the potential for redevelopment of property to higher densities when urban public facilities are available.
10. Blocks shall allow for two (2) tiers of lots unless topography or other factors indicate irregularly shaped blocks. Avoid double-fronted lots. If unavoidable, one of the frontages shall be restricted from access.
11. Building envelopes shall not encroach into the American Association of State Highway and Transportation Officials (AASHTO) safety sight distance triangle.
B. Natural Environment, Resource Protection, and Hazardous Areas:
1. Floodway Areas: Floodways, as determined by adopted floodplain studies, shall be left undeveloped except as permitted by title 9, chapter 17 of this Code.
2. Floodplain Areas: Each new lot shall have an adequate buildable site, septic site, drain field area, and alternate drain field area outside of the external boundaries of the floodplain, except as permitted by title 9, chapter 17 of this Code. In new subdivisions, future meander of rivers, streams, and floodplain areas shall be considered in the size and shape of each proposed lot. All structures shall be governed by the regulations in title 9, chapter 17 of this Code.
3. Riparian Areas: Riparian areas shall be preserved and undisturbed to support a diverse and productive aquatic and terrestrial habitat, to protect water quality, and to allow for natural streams to meander and migrate over time. All structures and landscaping including maintained yardscape shall be subject to the following setbacks as measured from the "ordinary high water mark" along "streams" defined in section 9-17-5 of this Code:
Class 1 stream: Two hundred foot (200') setback.
Class 2 stream: One hundred twenty-five foot (125') setback.
Class 3 and Class 4 streams: One hundred foot (100') setback.
a. If smaller setbacks are requested outside of floodplain areas, then a riparian area management and mitigation plan shall be presented for review and consideration by the Board, which may set a smaller setback based upon the waiver process, outlined in section 10-8-5 of this Code. The Board may consider the site and plan proposed and shall require the maximum riparian setback possible to ensure that the reduced setbacks are not less than those defined in section 9-17-7 of this Code.
b. The applicant must demonstrate that smaller setbacks are warranted. The following circumstances may support the approval of a smaller setback: size of an existing lot does not allow for a reasonable buildable site, existing structures are located within the setback area, or other topographic features such as hillside slopes exist in the setback area. Prior disturbances within the riparian setback shall be considered, and restoration of disturbed areas may be required.
c. The proposed mitigation plan shall outline how the area of riparian resource will be protected and restored or disturbed areas mitigated. As applicable, the plan shall include, but not be limited to, the following:
(1) Proposed disturbance within the required riparian setback area;
(2) Riparian improvement plans;
(3) Planting plan of plants and species commonly found in riparian areas and listed in the Blaine County Riparian and Wetland Plant List on file in the Land Use department;
(4) Erosion control plan;
(5) Weed mitigation plan.
d. The vegetation or revegetation plan set forth in the riparian area management and mitigation plan shall be financially guaranteed pursuant to section 10-8-4 of this title.
4. Wetland Areas: Wetlands shall be preserved and undisturbed to support a diverse and productive aquatic and terrestrial habitat and to protect water quality. All development including maintained yardscape shall be located seventy-five feet (75') from "wetlands" as defined in section 9-19-2 of this Code, or one-hundred feet (100') in the A-20, A-40 and RR-40 Zoning Districts.
a. If smaller setbacks are requested outside of floodplain areas, then a riparian area management and mitigation plan shall be presented for review and consideration by the Board, which may set a smaller setback based upon the waiver process, outlined in section 10-8-5 of this Code. The Board may consider the site and plan proposed and shall require the maximum wetland setback possible to ensure that the reduced setbacks are not less than those defined in section 9-19-6 of this Code.
b. The applicant must demonstrate that smaller setbacks are warranted. The following circumstances may support the approval of a smaller setback: size of an existing lot does not allow for a reasonable buildable site, existing structures are located within the setback area, or other topographic features such as hillside slopes exist in the setback area. Prior disturbances within the wetland and setback areas shall be considered, and restoration of disturbed areas may be required.
c. The proposed mitigation plan shall outline how the area of riparian resource will be protected and restored or disturbed areas mitigated. As applicable, the plan shall include, but not be limited to, the following:
(1) Proposed disturbance within the required wetland setback area;
(2) Wetland improvement plans;
(3) Planting plan of plants and species commonly found in wetland areas and listed in the Blaine County Riparian and Wetland Plant List on file in the Land Use department;
(4) Erosion control plan;
(5) Weed mitigation plan.
d. The vegetation or revegetation plan set forth in the wetland area management and mitigation plan shall be financially guaranteed pursuant to section 10-8-4 of this title.
5. Avalanche Areas: High (red) and moderate (blue) avalanche hazard areas shall be delineated by a site-specific study, conducted by a qualified engineer, acceptable to the Blaine County Building Official and County Engineer.
a. No new buildings, streets, or driveways shall be located within a high (red) avalanche hazard area.
b. Moderate (blue) avalanche hazard areas shall be avoided when adequate areas outside such hazard areas exist on the subject property. Any building with habitable space within the moderate (blue) avalanche hazard area shall be engineered and constructed to withstand the avalanche forces identified in the study.
c. New public streets are prohibited on land in moderate (blue) avalanche hazard areas. Private streets and driveways are prohibited on land in moderate (blue) avalanche hazard areas unless the hazards are mitigated or overcome by an engineered design reviewed and as recommended by the County Engineer.
6. Mountain Overlay District and Hillside Areas: These standards shall apply to any application that includes land within the mapped Mountain Overlay District, including the Scenic Corridor 1 (see title 9, chapter 21 of this Code).
a. New subdivisions shall be designed so that no structure, building envelope, street or driveway is located within the Mountain Overlay District, except within the Mountain Overlay District Buffer in areas that are less than and below fifteen percent (15%) slope.
b. Individual lots may be drawn that include portions of the Mountain Overlay District; however, each lot shall include a buildable site outside of the Mountain Overlay District.
c. Appearance: To preserve the appearance and resources of hillside areas, the following natural features shall be protected:
(1) Skyline, ridges and knolls.
(2) Tree and shrub clusters.
(3) Rock outcroppings.
(4) Draws, streambeds and drainage swales visible on slopes.
d. If a plat amendment is proposed for an existing subdivision within the mapped Mountain Overlay District, the Board also shall consider in addition to the criteria in Section 10-4-7 (D)3(a), the following, if applicable:
(1) The location of building envelopes so that grading and site preparation can be kept to a minimum.
(2) The phasing of construction so that hillside areas are not left exposed to erosion for long periods of time.
(3) The visibility from any reference road of the proposed development, including structures, streets or driveways and associated cuts and fill, shall be minimized through lot and building envelope layout design.
(4) The suitability of topography, soils, geology, hydrology and other physical conditions for streets and driveways.
7. Unsuitable Land: Land with conditions that may be detrimental to the health, safety or general welfare of existing or future residents because of potential hazards shall not be subdivided for building or residential purposes unless the hazards or other features are eliminated by lawful permit, avoided in the development design, or overcome by approved design and construction plans. In addition to overlay districts identified above, unsuitable conditions may include: debris flows, mine tailings or open adits, subsidence, high water table, shallow depth to bedrock, overhead power transmission lines, wildland urban interface, or other features with severe development limitations. The applicant must provide details on the presence of these features as well as mitigation, for which specific conditions of approval may be required.
a. Wildland Urban Interface: Much of Blaine County is within the Wildland Urban Interface. Lots adjacent to public lands, in remote areas, or other areas vulnerable to wildfire as identified by the rural fire district shall be designed to provide defensible space to protect private property from wildland fires and to reduce the likelihood of fires spreading from private property to public lands. The Board may consider additional requirements recommended by the fire district, including, but not limited to, larger building setbacks, additional water supply systems, specific landscaping design, resilient structure requirements, evacuation planning, or additional vehicular egress points. Landscaping plans shall also comply with the Mountain Overlay District and the Floodplain and Riparian Setback and Wetlands overlay districts. The Board may also consider other options proposed by the applicant to meet fire safety goals. If a specific landscaping plan is required, a financial guarantee shall be provided pursuant to section 10-8-4 of this title.
b. Power Transmission Lines: No dwelling shall be located within one hundred fifty feet (150') of the centerline of an overhead power transmission line and so noted on the plat by designation of building envelope and note.
8. Preservation Of Natural and Historic Features: The following areas and features shall be left undeveloped and undisturbed unless the applicant provides clear evidence of no other practical design and of mitigation measures to the greatest extent possible:
a. Unique or fragile areas such as geologic features and natural topography of the land, with the goal of preserving the character, natural features and configuration of land terrain.
b. Natural drainageways shall be maintained through the proposed subdivision. Any alteration of drainageways are subject to Title 9, Chapter 17.
c. Large individual trees, and stands of trees, excluding irrigation rights-of-way under Idaho Code 42-1101. A plan for landscape protection, tree preservation, and tree introduction shall be evaluated to determine compliance with this standard when applicable.
d. Historically significant structures or sites.
9. Wildlife: Title 9, chapter 20 of this Code establishes the Wildlife Overlay District covering all lands within Blaine County.
a. Determination of Classified Lands and Conservation Plans: Proposed subdivisions are subject to the specific requirements of chapter 20, which include the following:
(1) Determination of classified lands on the subject property (9-20-5) as identified by the Idaho Department of Fish and Game (IDFG) is required.
(2) Where classified lands are present, preparation of a conservation plan (9-20-6) is required. No subdivision shall be designed until classified lands are determined and a conservation plan has been prepared. Where classified lands are present and 4 or fewer lots are proposed, the applicant shall engage a consultant as described in 9-20-6.A. Where classified lands are present and 5 or more lots are proposed (whether in an initial phase or any future phase), the conservation plan shall be prepared by a qualified third party and paid for by the applicant. A list of approved qualified third-party consultants who have demonstrated appropriate expertise in the fields of resource biology, fish and wildlife management, and similar disciplines, shall be identified by the Board and may be updated upon request by potential qualified persons. If classified lands are not present, a conservation plan is not required; however, subsections (b) through (f) of this section are applicable.
(3) Where classified lands are present, adherence to Wildlife Overlay District design standards (9-20-7) is required. The applicant has the burden of demonstrating, through their conservation plan, compliance with these wildlife-related standards of evaluation which include criteria on the following:
9-20-7.A.1 Wildlife Species
9-20-7.A.2 Wildlife Habitat
9-20-7.A.3 Wildlife Movement Patterns
9-20-7.A.4 Uniqueness of Habitat and Species
9-20-7.A.5 Cumulative Impacts Assessment
9-20-7.A.6 Vegetation Removal and Revegetation
b. General Standards: Any application to subdivide land, regardless of whether the property lies within "classified lands," shall identify in the preliminary plat phase any natural habitat and other areas of significant value to wildlife, including migration corridors and habitat connectivity as identified by IDFG. Applicants shall consult with IDFG and the Land Use and Building Services department for recommended resources providing the most recent mapping and other scientific data for identifying these areas.
c. All proposed subdivisions shall be designed to avoid or mitigate significant adverse impact to wildlife habitat, habitat connectivity and corridors found on or adjacent to the subject property, and shall seek to maintain functional habitat connectivity and provide corridors for the safe movement of wildlife. (Consideration of wildlife is not limited to deer and elk.) Potential mitigation efforts may include but are not limited to those identified in the Wildlife Overlay District, Section 9-20-7, subsections (1.d), (2.e), (3.f), (4.f), and (6.a-c).
d. Wildlife migration occurs throughout the County. Perimeter fencing is discouraged for lots within new subdivisions, and where included shall be constructed to IDFG standards to allow for safe passage for wildlife.
e. The County may regulate the timing of construction or land disturbance on classified lands, considering the recommendations of IDFG, any other applicable agency or review professional who may be engaged by the County.
f. Plats shall include a note stating that the lots are within a Wildlife Overlay District as defined Blaine County Code, title 9, chapter 20. Additional notes, considering the location-specific recommendations of IDFG, shall be included on all plats to advise property owners and purchasers regarding living proximate to wildlife. These may include, but are not limited to, notes that address:
(1) Fencing, both perimeter and interior (e.g. to contain pets)
(2) Domestic animals
(3) Wildlife depredation on gardens and landscaping
(4) Predator depredation on pets and livestock
(5) Prohibiting the harassment of wildlife and the purposeful or inadvertent feeding of wildlife, including unsecured garbage
(6) Prohibition of yew plants, pursuant to Blaine County Code, Section 3-2-3.
10. Night Sky and Dark Sky Preserve: All existing and new outdoor lighting in the proposed subdivision shall comply with title 9, chapter 29A of this code.
a. Lighting Plan Required: All applications shall include a lighting plan pursuant to 9-29A-8.
b. All non-compliant lighting shall be replaced or altered to comply prior to recording the final plat.
11. Building envelopes and similar requirements: Platted building envelopes, non-buildable areas, building size limits, increased lot line setbacks, or a buffer between neighboring properties may be required. These may be deemed necessary to enable development patterns that minimize the potential impact of new development on adjacent landowners, or to preserve and protect:
a. Natural topographic features;
b. Geologic features;
c. Scenic vistas or view corridors;
d. Open space;
e. Vegetation;
f. Wildlife habitat and migration corridors; and
g. Other sensitive areas.
C. Agricultural and Rural Land Standards: Subdivisions within or adjacent to lands zoned A-20, A-40, R-10, and RR-40 shall be designed to minimize the impact on agricultural land, farming operations, and sensitive environmental features. The Board shall consider the following design criteria:
1. Locating residential structures as far from neighboring agricultural lands as possible.
2. Locating structures on the least productive agricultural land and in such a manner as to have little impact on any environmental, agricultural or open space resources.
3. Grouping land uses as much as practical, such that agricultural lands abut neighboring agricultural lands and residential structures are located contiguous with other residential uses.
4. Placing residential structures nearest to utilities and streets to minimize the amount of infrastructure and the loss of agricultural land.
5. A yardscape or open space buffer between different types of uses (e.g., residential and agricultural) may be required.
6. Plats containing and adjacent to agricultural uses shall include a note stating: This property includes and is adjacent to active agricultural uses, which may involve activities occurring during the day or night. These activities may result in the production of noise, odors, and dust and may involve lights, aerial spraying, machinery and other inconveniences. All deeds conveying title to such property will contain a restriction prohibiting property owners from challenging lawfully conducted agricultural operations occurring within the County.
D. Other Design Standards:
1. Adjacency To Public Lands and Water and Trails. Where a proposed subdivision adjoins public lands, streams, rivers, lakes, and/or reservoirs, existing access shall not be impeded, removed, or otherwise compromised. Where no public access currently exists, provision should be made for public access with due consideration for wildlife corridors, habitat connectivity, and proximity to other trails, and including protective restrictions for wildlife habitat as recommended by IDFG. Public access shall be noted on the plat by a permanent access easement. Improvements such as signage, fencing, gates, and parking for public access may be installed by the County or other agency within rights-of-way and easements.
2. Adjacency To Public Trails. Where a proposed subdivision is adjacent to the Wood River Trail or other trail identified in the Blaine County Community Bicycle and Pedestrian Master Plan, a pathway connection should be provided and if provided, properly noted on the plat by a permanent access easement.
3. Landscaping And Grading:
a. Landscaping and grading plans, when proposed, shall minimize lot disturbance, maintain existing topography to the greatest extent possible, maintain or restore natural landscapes, emphasize drought tolerant species, and include an irrigation plan that shows how disturbed areas will be restored.
b. Landscaping or other design devices to screen traffic or separate uses may be required where a subdivision abuts or contains an arterial or major thoroughfare or commercial or industrial uses.
c. Landscaping within 100' of Highway 75 shall be subject to the regulations of Title 9, Chapter 21A, Scenic Highway Overlay District.
4. Gates: Gated streets or developments are prohibited within any nonagricultural subdivision unless approved by the Board as necessary for specific public safety reasons identified by the applicant.
5. Development Rights: Parcels designated as open space or recreation areas through the subdivision or PUD processes shall be prohibited from (re)development with any other land use. Areas so designated shall be owned and maintained by a homeowner's association, an approved land trust, or public agency at the discretion of the Board.
6. Applicant Or Landowner: If the applicant or landowner with respect to an application for a subdivision under this chapter is the State of Idaho, or any agency, board, department, institution, or district thereof, the Board, in addition to all other applicable standards and criteria hereunder, shall take into account the plans and needs of the State, or any agency, board, department, institution or district thereof, as required by Idaho Code section 67-6528. (Ord. 2023-10, - -2023)