1. Purpose: The purpose of this Section 11-04-04 is to promote the public health, safety, and general welfare of present and future residents by ensuring that the Subdivision of Land results in:
A. Patterns of lots, blocks, streets, open space, and sites for public facilities that are consistent with the City's adopted Comprehensive Plan;
B. New developable lots having thorough and efficient networks of pedestrian, bicycle, and vehicular access and networks of utilities that are efficient and cost-effective to maintain;
C. Systems of open space and stormwater drainage, and other natural areas that connect with and complement similar areas on adjacent lots where possible;
D. Improved energy efficiency;
E. Avoidance of development on lands such as water bodies, floodways, landslides and fault zones, steep slopes, unstable soils, and wildlife and habitat areas; and
F. Prevention of noise-sensitive land uses or other uses that would conflict with operations of the airport.
2. Applicability:
B. Exception for Five-Acre Parcel Division: Approval of a Subdivision of Land pursuant to Subsection 4. below are not required for the division of land into parcels of five acres or more meeting the following standards:
(1) The land is not zoned for or intended to be used for residential development purposes;
(2) The dedication of public streets or construction of private streets is not required other than dedications for the widening of existing streets; and
(3) The parcels front onto a street and meet the dimensional standards of the zoning district within which they are located unless a modification or waiver of those standards is granted by the Planning and Zoning Commission.
3. Records of Survey: The following changes of parcel boundaries shall require the review and approval of a Record of Survey prepared in accord with Idaho Code, 55-19, to establish that resulting parcels are conforming, buildable parcels.
A. Property Line Adjustment:
(1) Conforming Lots of Record: The following standards apply to all Property Line Adjustments involving conforming lots of record that do not qualify as Residential Small Lots pursuant to Section 11-04-03.4, Residential Small Lots.
(a) The boundaries of a parcel within a Residential zoning district or that contains a residential use may be adjusted through the Property Line Adjustment process twice. Any additional boundary adjustments shall require a Subdivision.
(b)
The total number of buildable parcels shall not be greater than the number of buildable parcels and/or lots existing prior to the Record of Survey. When Property Line Adjustments occur between section land and subdivided lots, no lot shall increase in area by more than 20 percent.
(c) The resulting parcels shall meet the minimum requirements for area, frontage, and width for the existing zoning district.
(d) All existing buildings, driveways, and parking areas shall meet the setback requirements of the existing zoning district as measured from any parcel boundary being created by this process. Any setback that is legally nonconforming may remain as a legal nonconforming setback, provided the legal nonconforming setback is not altered by the Property Line Adjustment. If any building not meeting the required setback is to be partially or completely demolished, the demolition shall be completed prior to the approval of the Property Line Adjustment.
(e) If existing residential buildings are to remain, the parcel containing such building(s) shall comply with the parking requirements in this Code. If any off-site parking is permitted by this Code, the amount of permitted off-site parking and the Section of this Code authorizing the off-site parking shall be documented on the Record of Survey.
(f) If the Property Line Adjustment results in the creation of a new buildable parcel that abuts a public right-of-way (without increasing the total number of buildable parcels on the site), a detached sidewalk that complies with all applicable standards on this Code, including but not limited to those standards in Section 11-04-07 Access and Connectivity and Section 11-04-09.4 Street Frontage Landscaping, shall be provided.
(g) All parcels that abut an alley shall be required to take parking access from the alley.
(h) If the original parcel abuts an alley, each lot created by the Property Line Adjustment shall abut that alley.
(i) If the lot(s) has driveway access from the street rather than the alley, the area between the edge of the street pavement and the property line shall not be paved to a width any wider than the existing driveway. The applicant shall obtain a license agreement from the Ada County Highway District prior to landscaping and/or paving in the public right-of-way.
(j) When utilities cross land being divided, a utility easement to each proposed lot shall be provided and indicated on the Record of Survey. If an easement is located in a proposed area for a permanent structure to be construction, the easement shall be vacated prior to the approval of the Record of Survey.
(2) Residential Small Lots:
(a) If a Property Line Adjustment involves one or more Residential Small Lots, it shall not result in more buildable parcels than the total number of original substandard lots of record or the maximum number of Residential Small Lots permitted by Section 11-04-03.4, Residential Small Lots.
(b) A Property Line Adjustment that includes a partial lot requires documentation that the split of the lot was recorded prior to October 30, 1965. If the partial lot was created by recorded deed prior to October 30, 1965, and does not qualify as a buildable parcel, it shall be combined with an original lot to count as one buildable parcel.
(c) Adjusted side property lines shall be perpendicular to the public street. Exceptions can be made for lots where the original side lot line/property lines were not perpendicular to the street, such as pie shaped lots (See Figure 4.6).
(d)
A Property Line Adjustment shall not result in buildable parcels that decrease the area, frontage, or width below the minimum allowed in the applicable zoning districts.
(e) All parcels that abut an alley shall be required to take parking access from the alley.
(f) If the original parcel abuts an alley, each new lot created by the Property Line Adjustment shall abut that alley.
(g)
All existing buildings, driveways, and parking areas shall meet the setback requirements of the existing zoning district as measured from any parcel boundary being created by this process. Any setback that is legally nonconforming may remain as a legal nonconforming setback, provided the legal nonconforming setback is not altered by the Property Line Adjustment. If any building not meeting the required setback is to be partially or completely demolished, the demolition shall be completed prior to the Planning Director's approval of the Record of Survey.
(h) If existing primary buildings are to remain, the parcel containing such building(s) shall comply with the parking requirements in this Code. If any off-site parking is permitted by this Code, the amount of permitted off-site parking and the Section of this Code authorizing the off-site parking shall be documented on the Record of Survey.
(i) If the Property Line Adjustment results in the creation of a new buildable parcel that abuts a public right-of-way (without increasing the total number of buildable parcels on the site), a detached sidewalk that complies with all applicable standards on this Code, including but not limited to those standards in Section 11-04-07
Access and Connectivity and Section 11-04-09
.4 Street Frontage Landscaping, shall be provided.
(j) If the lot(s) has driveway access from the street rather than the alley, the area between the edge of the street pavement and the property line shall be paved to align with the driveway. The applicant shall obtain a license agreement from the Ada County Highway District prior to landscaping and/or paving in the public right-of-way.
(k) When utilities cross property lines being relocated, a utility easement to each proposed lot shall be provided and indicated on the Record of Survey. If an easement is located in a proposed area for a permanent structure to be construction, the easement shall be vacated prior to the approval of the Record of Survey.
(l) The boundaries of a parcel within a Residential zoning district or containing a residential use may be adjusted through the Property Line Adjustment process twice. Any additional boundary adjustments shall require a Subdivision Plat or a Record of Survey for a Minor Land Division.
(m) A Property Line Adjustment shall only occur between an original corner lot and an original interior lot if the original corner lot is a minimum of 35 feet or more in width, or the minimum width for a corner lot permitted by Section 11-04-03.4 Residential Small Lots, whichever is smaller, unless three or more lots are combined resulting in a reduction in density. Adjusted corner lots shall comply with the following standards:
i. If a lot at the corner of two streets is proposed to be adjusted, the resulting corner lot shall be at least the same square footage as the original corner lot
ii. If an existing dwelling is located on a corner lot, a 15 foot rear setback shall be provided from the existing dwelling to the new rear property line, regardless of the orientation or street address of the existing dwelling.
(n) If the lot(s) contains an existing dwelling, a minimum of 200 square feet of open space as required in Section 11-04-03.4, Residential Small Lots, located outside of the setbacks for each existing dwelling shall be designated as such on the Record of Survey.
(3) Parcel Consolidation:
(a) A Record of Survey is required to allow the consolidation of two or more existing contiguous parcels, with at least one parcel deemed as buildable, into one buildable parcel.
(b) If an easement is located in a proposed area for a permanent structure to be construction, the easement shall be vacated prior to the approval of the Record of Survey.
B.
Minor Land Division: The purpose of the Minor Land Division is to incentivize the development of affordable housing by allowing projects that comply with the affordability incentives in Sections 11-04-03.7.D(1)(a), 11-04-03.7.D(2)(b), or 11-04-03.7.D(3)(b) to create up to four buildable parcels without being subject to the procedures for review and approval of a Preliminary and Final Plat.
(a) No Minor Land Division shall create more than four new parcels.
(b) No property involved in a Minor Land Division shall be involved in a subsequent Minor Land Division for a period of one year from the recording date of the previous Record of Survey for a Minor Land Division.
(c) No new street dedication, excluding widening of an existing street, is involved;
(d) No new public utility lines shall be extended within the public right-of-way to property involved in a Minor Land Division.
(e) Wet line sewer and central water lines shall be currently located in the public right-of-way that abuts the parcel to be divided.
(f) All resulting parcels shall conform to the minimum requirements of all existing land use regulations including the adopted Code.
(g) All existing buildings that are to remain on the lots following the Minor Land Division shall meet applicable zoning requirements regarding allowed uses and parking and shall comply with the setback requirements of the existing zoning district as measured from any parcel boundary being created by the Minor Land Division process.
(h) Any setback that was legally nonconforming prior to the Minor Land Division may remain as a legal nonconforming setback, provided the legal nonconforming setback is not altered by the Minor Land Division.
(i) Any building not meeting the required setback that is to be partially or completely demolished or moved shall be either demolished or moved prior to the approval of the Minor Land Division.
(j) Any existing structures shall connect to public water and sewer lines prior to approval of the Minor Land Division.
(k) If required parking is provided by means of a permanent shared-parking agreement, a note on the face of the survey shall list the total required and provided parking for all parcels to which the shared parking provisions of the shared-parking agreement applies.
(l) When utilities cross land being divided, a utility easement shall be provided and indicated on the Record of Survey. If an easement is located in a proposed permanent structure construction area, the easement shall be vacated prior to the Planning Director's approval of the Minor Land Division; and
(m) All new parcels that abut the public right-of-way shall be improved with a sidewalk that complies with all applicable standards of this Code, including but not limited to those standards in Section 11-04-07, Access and Connectivity and Section 11-04-09.4, Street Frontage Landscaping. A curb and gutter and paved driveway apron that extends to the edge of street pavement shall also be required where applicable. All public right-of-way improvements, license agreements, and/or bonding shall be completed prior to the Planning Director's approval of the Minor Land Division.
(n) If the Boise Pathways Plan shows a pathway along or across any portion of any of the parcels to be created by the Minor Land Division, the required easement shall be dedicated to the public and indicated on the Record of Survey.
(o) All existing trees on site shall be protected during construction and trees planned for removal shall be mitigated in compliance with Section 11-04-09.8, Tree Preservation.
(2) Exceptions: Notwithstanding Subsection (1) above, if any of the following conditions are present, an application for Subdivision of Land shall be required pursuant to Section 11-04-04.4:
(a) The possibility for public or private streets that would provide greater connectivity to the area;
(b) Creating lots that will have incompatible setbacks to surrounding parcels (i.e. side yards adjacent to rear yards);
(c) The creation of multiple driveway access points on a collector or arterial roadway when a public or private street could avoid the situation;
(d) Creating a larger remnant parcel that could otherwise be included in an overall subdivision; and
(e) New property lines configured in a way that could create future setback or access issues.
4. Subdivision of Land:
A. Applicability: All divisions of land into parcels of one or more lots or tracts for development shall be required to complete the Subdivision of Land process, except:
(1) Divisions of land that are exempt from the Record of Survey and Subdivision of Land process pursuant to Section 11-04-04.2.B; or
(2) Divisions of land that are eligible to obtain a Record of Survey pursuant to Section 11-04-04.3.
B. General: No Building Permit for the construction of any new structure upon property within a proposed Subdivision of Land shall be issued until the Subdivision Plat has been recorded.
C. Design Standards: All Subdivisions of Land shall comply with the following standards unless Section 11-05-05.4.F, Subdivision Plat - Preliminary or another provision of this Code provide a different standard or requirement.
(1) Sensitive Lands: All Subdivisions of Land shall comply with the standards in Section 11-04-05, Sensitive Lands applicable during the subdivision process.
(2) Access and Connectivity:
(a) All Subdivisions of Land shall comply with the standards in Section 11-04-07.4, Access and Connectivity applicable during the subdivision process, including standards related to block layouts, maximum block dimensions, street and mobility networks, and perimeter access points.
(b) Partial street dedications shall not be permitted unless the street forms the boundary of the property being subdivided, the adjacent property is not under common ownership, and the street is anticipated to be a through street upon development of adjacent properties. All partial street dedications shall require construction of partial street Sections that meet Ada County Highway District (ACHD) standards.
(3) Common Drives: Common driveways shall only be permitted in unique circumstances where the configuration benefits the design of the development, reduces the number of public street access points, can accommodate the collection of all applicable types of solid waste in an organized and efficient manner, and does not impede pedestrian, bicycle, and vehicular travel within the public right-of-way. Common driveways may serve Single-Family Detached, Single-Family Attached, and Duplex Dwellings and shall:
(a) Provide safe and effective movement of vehicular, pedestrian, and bicycle travel;
(b) Provide continuous, safe, and efficient pedestrian and bicycle facilities;
(c) Not adversely affect access to adjacent properties or the public transportation network;
(d) Not interfere or decrease public access to adjacent property or places of public interest;
(e) Not connect one public street to another, unless specifically approved by the Planning Director;
(f) Not interrupt the continuity of public streets or the public street network;
(g) Be located within a common lot owned and maintained by the homeowner's association. A perpetual recorded ingress/egress access easement and an agreement for maintenance for the common driveway, sidewalks, and any required landscaping shall be recorded prior to issuance of Building Permits.
(h) Accommodate all driveway storm water runoff within a facility located in the common lot; and
(i) Comply with the ACHD ISPWC (Idaho Standards for Public Works Construction) structural standards for streets, as shown on design and construction documents prepared and certified by a registered professional engineer.
(4) Design:
(a) Common driveways shall comply with the following standards:
(b) Access may be allowed to no more than six lots.
(c) The minimum pavement width, including required ribbon-curbing along each side, shall be 24 feet. The maximum length shall be 150 feet.
(d) "No parking" signs shall be placed on the common driveway. Required off-street parking shall be set back a minimum of 20 feet from the edge of the common driveway.
(e) Shall terminate in an appropriate turnaround as approved by the Fire Department.
(f) Lots that abut a common driveway shall take access from the common driveway and not the public right-of-way.
(g) All utility easements shall be within the common lot of the common driveway.
(5) Block Numbering: Block numbers shall be designated as required by Idaho Code.
(6) Lot Layout:
(a) Dimensions: All lot areas, dimensions, and minimum street frontages shall comply with the standards in Section 11-04-03, Lot and Building Forms and Dimensions for the zoning district in which the lot is located, unless otherwise provided in this Code.
(b) Double Frontage Lots: Double frontage lots are prohibited except where it is shown that unusual topography or other conditions make it impossible to meet this requirement. Lots with double frontage shall be limited to one street access on one frontage by a plat note.
(c) Landlocked Parcels: All parcels that do not have the required frontage or access shall be labeled "non-buildable" on the plat. Each such non-buildable parcel shall be required to have a pedestrian ingress and egress easement unless adequate street frontage exists for a pedestrian pathway.
(d) Building Envelopes: To address unique site conditions or constraints, the Planning Director may require that the plat indicate a building envelope within which primary structures may be constructed.
D. Utility and Pathway Easements:
(1) Easements shall be provided as required by the utilities, and other public services.
(2) City Council may require applicants to reserve permanent public use easements for public access pathways, or for future improvement and maintenance by the City or landowner or association. Any easement required under this Section may be used in conjunction with or as an alternative to a public pedestrian access requirement under Section 11-04-07.4.I, Pedestrian and Bicycle Connectivity and Circulation.
(3) Residential projects that may be included in a Subdivision of Land at a later date shall place utilities in a street or in easements parallel and next to the street unless the City approves an alternative location.
E. Subdivision Buffers Along an Arterial and Collector Street:
(1) Front Lot Line/Property lines:
(a) Frontage roads separated from a collector or arterial street (as adopted in the current Ada County Highways District Master Street Map) by a landscaped median at least 10 feet wide, are permitted with approval of ACHD. The median shall be planted with trees and shrubs that at maturity will form a solid screen at least six feet high and a continuous tree canopy.
(b) The front lot line/property line of a parcel may directly abut a collector or arterial street provided that an ACHD-approved alley is provided at the rear of such lots to provide direct lot access. Direct lot access to the collector or arterial is prohibited.
(2) Side and Rear Lot Line/Property Lines:
(a) Except as described in Subsection (d) below, a non-buildable lot to contain required landscaped buffer areas shall be provided where single-family residential lots are adjacent to collector or arterial streets. If the creation of a non-buildable lot is impracticable, the Planning Director may authorize the creation of an easement to contain the required landscaping.
(b) The buffer shall be located outside of any planned future public right-of-way and outside the side and rear lines of each lot.
(c) The width of the buffer along arterial streets shall be a minimum of 30 feet. Along collector streets it shall be a minimum of 20 feet.
(d) As an exception to Subsections (a) and (b) above, if the Planning Director determines that the creation of a non-buildable lot is impracticable due to site or terrain conditions or utility locations, the Planning Director may approve the location of the buffer within one or more of the platted lots if:
i. In cases where the rear lot line/property line runs along an arterial or collector street, the depth of the lot is a minimum of 130 feet; and
ii. In cases where the side lot line/property line runs along an arterial or collector street, the width of the lot is a minimum of 80 feet
5. Required Improvements: All Subdivisions of Land shall be required to construct the following improvements and to comply with the requirements concerning those improvements, related land dedications, and other matters described in this Section 11-04-04.5.
A. Filing of Plans and Financial Surety:
(1) 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.
(2) At or prior to the time of filing certification of the Final Plat, the applicant shall file with the Planning Director a form of financial security 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.
(3) The financial surety shall be valid for a period of at least one year in order to cover the expected period of construction. The City may allow an additional six month period for construction if the validity of the financial surety is extended to cover that six month extension and the applicant pays all fees and costs to extend the surety and increases the amount of the surety to cover revised construction costs. Extensions of bond surety and construction time beyond this initial six month extension may be approved by the City Council upon a showing of undue hardship and the payment of all required fees.
(4) Improvement(s) installed by the applicant as a condition of platting shall require certification that the construction is in accordance with approved plans.
(5) After the completion of required improvements, the applicable public agency shall certify the completion and acceptance of those improvements in writing and shall transmit a copy of the certification to the applicant. Upon receipt of the certification, the City shall authorize release of the financial guarantee upon application.
B.
Water Lines and Hydrants:
(1) In all Subdivisions of Land, the applicant shall provide central water lines and fire hydrants that comply with all applicable City, state, and other governmental regulations, unless an alternative form of water supply has been approved by City Council.
(2) Alternate provision for domestic water supply and fire protection may be approved by City Council if Council determines that the proposed alternative meets the standards of the City Fire Code, the Idaho Public Utilities Commission, the Idaho Department of Water Resources, and the Idaho Department of Health, and subject to any conditions imposed by City Council to protect public health, safety, and welfare.
C. Sanitary Sewer: In all Subdivisions of Land, the applicant shall provide sanitary sewers that comply with all applicable city, state, and other governmental and agency provider regulations. Plans and specifications shall be approved by the appropriate sewer entity prior to signing of the Final Plat by the City Engineer.
D. Drainage: In all Subdivisions of Land, the applicant shall provide storm drainage facilities that comply with all applicable City, state, and other governmental regulations, including without limitation ACHD design and review requirements related to storm drainage.
(1) 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. For purposes of this provision, 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.
(2) Relocation of natural swales is only permitted if the applicant meets applicable standards and regulations related to drainage hydraulics and ease of maintenance.
(3) The City Council may require the reservation of an easement along any stream or important surface drainage course located in a proposed Subdivision of Land for the purpose of widening, deepening, sloping, improving, or protecting the stream or drainage course.
E. 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 been approved in writing by the authorized representative of the person(s) owning the water rights delivered or diverted by means of the ditch. The applicant shall be required to provide such written authorization to the City prior to approval of the Final Plat.
(2) Any covering or fencing program involving the distribution system of any irrigation district shall have the prior approval of the affected district.
(3) 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 Planning Director:
(a) Copy of certified letter to the authorized representative along with documentation of receipt of letter. The letter to the authorized representative shall be accompanied by plans and shall request written approval forwarded to the Planning 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.
F. Street Lighting: All applicants subdividing within the City limits shall be required to install street lights that comply with Public Works specifications and standards.
G. Access and Connectivity Improvements:
(1) The applicant shall construct those improvements required by Section 11-04-07, Access and Connectivity unless the City has approved in writing an alternative or adjustment of the requirement to construct such improvements.
(2) All public right-of-way improvements, license agreements, and/or bonding shall be completed prior to issuance of any Residential Certificate of Occupancy in the development.
H. Land Dedications:
(1) General:
(a) The applicant shall dedicate to the City, or to the entity responsible for providing the services listed in Sections 11-04-04.5.B through 11-04-04.5.G above, the land on which the facilities related to the provision of that service is located, unless the City or service provider entity requests that the applicant retain ownership of the land subject to a lease or other agreement allowing for the provision of the service.
(b) The dedication shall be roughly proportional both in nature and extent to the anticipated impacts of the proposed development, as shown through an individualized determination of impacts.
(2) Park or School Sites: Whenever the applicant desires or proposes to reserve area for a school or public park, the area shall be shown on the Subdivision Plat, and the applicant shall provide documentation that the proposed site is acceptable to the school district and the City, as applicable. Written acceptance of the dedication of any proposed school site by the appropriate school entity, and written acceptance of any proposed park by the Boise Parks and Recreation Department, shall be received by the City Engineer prior to approval of the Final Plat.
I. Landscaping: Required landscaped areas shall be comply with the standards in Section 11-04-09, Landscaping, Fencing, Walls, and Screening.
J. Pressure Irrigation:
(1) Unless a Variance is obtained pursuant to Section 11-05-05.3.L, a pressurized individual lot irrigation system is required for any residential subdivision.
(2) Irrigation system maintenance and operation shall be provided by the irrigation district or canal company, a municipal irrigation district, a Homeowners' Association, or another entity capable of operating and maintaining a pressurized irrigation system.
K. 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 Homeowners' 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.
L. Proof of Compliance: Prior to final approval of the Final Plat, the applicant shall provide proof of compliance with this Section and with Idaho Code, Section 31-3805(1)(b).
(Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023)