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The following improvements are not required for minor land divisions as defined in Section 11-012-05.
1. General: No building permit for the construction of any new structure upon property within a proposed subdivision plat shall be issued until the subdivision plat has been recorded.
2. Filing Of Plans And Bonding Surety:
A. Plans for the required improvements shall be certified by a professional engineer registered in the State of Idaho, unless otherwise specifically approved by the applicable public agency.
B. At or prior to the time of filing certification of the final plat, the applicant shall file with the Director a surety bond to secure the completion of the construction of required improvements not yet completed. All bonds or other guarantees shall be in the amount of 110 percent of the estimated cost of the improvement.
C. The period of construction may be extended for six months upon the payment of extension fees and adjustments of the bonding surety amount to reflect revised construction costs. Extensions of bond surety and construction time beyond this initial six month extension may be approved by the Council upon a showing of undue hardship and the payment of appropriate fees.
D. Improvement(s) installed by the applicant as a condition of platting shall require certification by a professional engineer that the construction is in accordance with approved plans.
E. After the completion of improvements the applicable public agency shall certify the completion and acceptance of said improvements in writing and shall transmit a copy of the certification to the City Clerk and to the applicant. Upon receipt of the certification, the city shall authorize release of the surety bond or other guarantee upon application.
3. Water:
A. Water Lines And Hydrants: Central water lines and fire hydrants shall be provided in all subdivisions as noted below.
(1) In any subdivision, alternate provision may be made for domestic water supply and fire protection provided that such provision shall meet the standards of the Fire Code as adopted by Fire Department, the Idaho Public Utilities Commission, the Idaho Department of Water Resources, and the Idaho Department of Health and Welfare and further provided that such alternate provision shall be made to the satisfaction of the Council.
(2) In considering such alternate provision, the Council may require an increase in the minimum lot size and may impose any other requirement that it deems necessary to protect the public health, safety, or welfare.
(3) Water facilities necessary to meet Boise Fire department standards shall be provided.
4. Sanitary Sewer:
A. Wet-line sewers shall be provided in all subdivisions per the requirements of the appropriate sewer entity.
B. Plans and specifications shall be approved by the appropriate sewer entity prior to signing of the Final Plat by the City Engineer.
5. Drainage:
A. Improvement plans and hydrology calculations shall be prepared in accordance with the Storm Water Ordinance B.C.C. 10-6 and Public Works' Storm Water Management Design Manual:
(1) Plans shall be submitted to the Public Works Department.
(2) All natural drainage courses shall be left undisturbed or be improved in a manner that will improve the hydraulics and ease of maintenance of the channel.
(3) Relocation of natural swales is acceptable if the hydraulics and ease of maintenance are provided for. The term "natural drainage course" shall not be deemed to apply to minor swales and depressions that are located entirely on the applicant's property and that serve a relatively small area where runoff is infrequent.
B. In single family residential subdivisions where public streets are being dedicated to ACHD and development drainage will be discharged to an ACHD-maintained storm water system, the development drainage system will be required to meet the ACHD design and review requirements.
C. The reservation of an easement along any stream or important surface drainage course located in an area being subdivided may be required by the Council for the purpose of widening, deepening, sloping, improving, or protecting the stream or drainage course.
6. Irrigation:
A. Irrigation Conveyance:
(1) No ditch, pipe, or structure for delivery of irrigation water or for carrying irrigation wastewater shall be obstructed, rerouted, covered, or changed in any way unless it has first been approved in writing by the authorized representative of the person(s) owning the water rights delivered or diverted by means of the ditch. For the purpose of this section, "person" shall be defined as an irrigation district, ditch company, water users association, or water right holder. Should the person not have an authorized representative, a determination of the majority of the holder(s) of the water right shall be binding. A copy of such written approval by such authorized representative or majority holder(s) of the water right shall be filed with the subdivision application. In the event the applicant cannot obtain a response from said authorized representative, approval will be assumed to be obtained if the applicant meets the conditions as outlined in subsection (5).
(2) All irrigation ditches, laterals, canals, and drains, exclusive of natural waterways, intersecting, crossing, or lying adjacent to an area being subdivided shall be covered or fenced with a chain link fence at least six feet in height to deter access to said ditch, lateral, or canal. Adjacent means being located within 60 feet of any lot included in the development. This requirement may be waived if it is found that the public purpose requiring such will not be served in an individual case. Any covering or fencing program involving the distribution system of any irrigation district shall have the prior approval of the affected district.
(3) The fencing requirement may be waived by the Director for "water amenities". A water amenity is any body of water that is to be part of the development, in which the banks are no steeper than one foot vertical per four feet horizontal and where the depth (in feet) multiplied by the peak velocity (feet per second) does not exceed four. Plans prepared by a professional engineer shall be submitted to the Director and the authorized representative of water facility for approval.
(4) In the event the applicant cannot obtain a response for the modifications proposed from the authorized representative of the water entity, approval shall be assumed to be obtained if the following documents are submitted to the Director:
(a) Copy of certified letter to said authorized representative along with documentation of receipt of letter. Said letter to authorized representative shall be accompanied by plans and shall request written approval forwarded to the Director within 30 days of receipt.
(b) Letter from a registered professional engineer stating that the improvements and/or modifications to the ditch, lateral, canal, or drain will meet the provisions of Titles 31 and 42 of the Idaho Code, relating to requirements of delivery of water to downstream users.
7. Park Or School Dedication: Whenever the applicant desires or proposes to reserve area for a school or public park, the area shall be delineated on the subdivision plat and such proposal must be acceptable to the school district and the city. Acceptance of school site or park must be in writing from the appropriate entity prior to signature by the City Engineer.
8. Pedestrian Access: Pedestrian access shall be required where deemed essential by the Council to provide pedestrian access to schools, playgrounds, shopping areas, transportation, or other community facilities. Said access shall be not less than ten feet wide.
9. Street Lighting: All applicants subdividing within the city limits shall be required to install, at the applicant's expense, street lights in accordance with Public Works specifications and standards. After installation and acceptance by the Public Works Department, street lights shall become city property and the city shall pay the cost of maintenance and power.
10. Landscaping: Where landscaping is required by the city, such as parkways, perimeter buffers, street medians, and other such areas, their design shall comply with the following standards:
A. Definition: The term "landscaping," as used in this Section shall include, as a minimum, grass and trees as required below.
B. Non-Vegetative Materials:
(1) Non-vegetative materials, such as decorative rock, bark, and perma-bark, shall not be used in lieu of landscaping. Non-vegetative material may only be used to augment the landscape or around the base of shrub groupings or flower beds as long as the coverage does not exceed 20 percent. The use of bark or other loose material shall be designed or located to keep the bark from being blown onto the paved path, shall be approved by the Director.
(2) The 20 percent limitation on non-vegetative material shall not apply provided the landscape is designed by a licensed landscape architect and further provided that the non-vegetative material is used to complement or visually enhance the vegetative material is used to complement or visually enhance the vegetative material.
C. Trees:
(1) The city shall require trees with a minimum size of two inch caliper in the landscape area. Tree type and class to be in accordance with the Community Forestry's "Tree Selection Guide."
(2) All landscaped areas shall be provided with an underground irrigation system.
(3) For every 60 feet of perimeter landscape, one Class III tree shall be included therein. Class III trees shall be spaced no more than 60 feet apart. Class II trees may be utilized and spaced 25 to 50 feet apart, depending on mature crown spread. Class I trees shall be used where overhead power lines prohibit use of taller trees and may be used to mark entry points into a subdivision or to mark a special feature. Class I trees shall be spaced 15 to 30 feet apart, depending on mature crown spread. The location and selection of required trees shall be subject to approval by Community Forestry. Trees located in the public right-of-way shall be planted and maintained in accordance with the Boise Tree Ordinance (Boise City Code 7-2).
D. Maintenance: Required landscaped areas shall be placed under the control and maintenance of a Homeowners Association, unless the applicant can demonstrate that the landscaping will be maintained in an attractive condition by another entity including but not limited to individual property owners, or the ACHD.
E. Berms: Berm height is not limited; however, the slope of the berm shall not exceed a 3:1 ratio. The height of a fence and/or wall that is placed on top of a berm is limited to six feet.
F. Clear Areas: Trees, shrubs and other landscaping shall not encroach into the minimum required clear height and width of primary or emergency vehicle access. Landscaping shall not block the clear vision triangle at street intersections as determined by the ACHD.
11. Pressure Irrigation Facilities:
A. Except as a waiver is allowed a pressurized individual lot irrigation system is required for any residential subdivision.
B. Irrigation system maintenance and operation shall be provided by the irrigation district or canal company a municipal irrigation district, or another entity capable of operating and maintaining a pressurized irrigation system.
C. Waivers:
(1) The requirement for a pressurized irrigation system may be waived by the City Engineer in any of the following situations:
(a) Where a lack of sufficient surface irrigation water has been documented by the appropriate irrigation district or canal company and the Idaho Department of Water Resources. The sale or transfer of a water right may not be grounds for requesting a waiver.
(b) Where water cannot be delivered to the property due to capacity or scheduling. In these situations, the City Engineer may still require the installation of the pressure irrigation system, provided that an irrigation district or canal company will commit in writing to make improvements to their delivery system so water can be supplied within two years of the subdivision approval.
(c) Where another means of delivery such as flood irrigation can be provided.
(d) When the City Engineer finds that the cost of obtaining water rights, re-establishing water rights, or developing the system would impose an undue economic hardship. Undue economic hardship may be demonstrated if the cost per lot to develop the pressurized irrigation system is 25 percent higher than the cost per lot to serve subdivisions of similar size and density constructed in Boise City within the previous two years; or that the cost per lot of the pressurized irrigation system would exceed five percent of the expected per lot market value of the subdivision. The applicant shall bear the burden of providing documentation, acceptable to the City Engineer. For phased developments, costs will be analyzed over all phases.
(2) Requests for waivers shall be submitted to the City Engineer and shall be accompanied by an irrigation report prepared by a licensed professional engineer analyzing the location and availability of surface irrigation water and documenting the basis for the waiver request. If applicable, the irrigation report shall include a letter from the Irrigation District or Canal Company stating refusal to make improvements to its delivery system so irrigation water can be supplied within two years.
(3) Decision may be appealed to the Public Works Commission by filing a written appeal with the Public Works Department within 60 days of receipt of the written decision of the City Engineer. The Public Works Commission may uphold, overrule or modify the decision of the City Engineer. The decision of the Public Works Commission may be appealed to the Council.
D. Written Assurance:
(1) Written assurance that provisions have been made for ownership, operation and maintenance of the system is required before the plat is signed by the City Engineer. Such assurance shall include: A letter from an existing entity capable of owning, operating and maintaining the system assuming responsibility for such operation, and maintenance.
(2) If the system is to be owned, operated and maintained by a Home Owners Association, the applicant shall create binding covenants, conditions, and restrictions, approved by the City Attorney, providing for control, use, maintenance, and operation of the system.
E. Proof Of Compliance: Prior to signing of the final plat by the City Engineer, proof of compliance with this section and with Idaho Code, Section 31-3805(1)(b) shall be required.
12. Utility Location: Residential projects, that at a later date may be subdivided, should place utilities in the roadway or in easements parallel and next to the roadway. Projects that are later subdivided and do not comply with this recommendation may be subject to significant reconstruction and relocation costs.