TITLE 11
SUBDIVISION REGULATIONS
CHAPTER 1
GENERAL SUBDIVISION PROVISIONS
SECTION:
11-1-1: Purpose
11-1-2: Definitions
11-1-3: Application Of Provisions; Exemptions
11-1-4: Variances And Modifications
11-1-5: Amendments
11-1-6: Fees And Costs
11-1-7: Penalties
11-1-8: Validity
11-1-1: PURPOSE:
In order to promote the public health, safety and general welfare of present and future residents and to bring about a coordinated and efficient development of the city, the regulations of this title for the subdividing of land within the city are hereby adopted. (Ord. 228, 12-15-1981)
11-1-2: DEFINITIONS:
ALLEY: A minor public way providing secondary access at the back or side of a property.
CITY: The city of Council, Idaho.
COMMISSION: City of Council planning and zoning commission.
COMPREHENSIVE GENERAL PLAN: The proposed comprehensive plan for the city.
COUNCIL: The city council of the city.
COUNTY ENGINEER (SURVEYOR): The registered surveyor or engineer appointed by the Adams County board of county commissioners to check plats and make such surveys, maps and plats ordered by the board.
COUNTY RECORDER: The office of the county recorder of Adams County, Idaho.
CUL-DE-SAC: A dead end street provided with turnaround space at its terminus.
DEAD END STREET: A street connecting to another street at one end only and not having provision for vehicular turnaround at its terminus.
DEDICATION: The setting apart of land or interests in land for use by the public. Land becomes dedicated when accepted by the council as a public dedication, either by ordinance or entry in the official minutes of the council.
DESIGN AND DEVELOPMENT STANDARDS: The standard specifications for public works of the city officially adopted by the council and including all subsequent amendments thereto.
EASEMENT: A grant of the right to use land for specific purposes.
ENGINEER: The city engineer.
FLOODPLAIN: As defined by the FFIA.
HIGHWAY: A street designated as a highway by the state or federal agency responsible therefor.
IMPACT AREA: That zone designated by the city and county as an area of joint jurisdiction of those lands so designated which lie in Adams County, but outside of the corporate boundaries of the Council city limits.
LOOP STREET: A minor street which forms a loop and returns to the same street from which it originated. A street forming a connection between two (2) other streets is not considered a loop.
LOT: A portion of a recorded subdivision intended as a unit for transfer of ownership or for development.
ORIGINAL PARCEL OF LAND: A lot, parcel or tract as recorded on any plat of record on file in the office of the county recorder; each one-sixteenth (1/16) of a section or any unplatted contiguous parcel or parcels of land held in one ownership and of record at the effective date hereof.
OWNER: An individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest in land to be subdivided to commence and maintain proceedings under this title.
PLAT, FINAL: A plan of a subdivision, dedication or any portion thereof prepared for filing and recording by the Adams County recorder and containing those elements and requirements set forth in this title. A final plat, upon its being filed and recorded by the Adams County recorder, shall thereafter be known as an authorized plat, subdivision or dedication.
PLAT, PRELIMINARY: A preliminary plan of a proposed subdivision or dedication containing the elements and requirements set forth in this title.
PUBLIC STREET: A right of way providing vehicular and pedestrian access to adjacent properties, the dedication of which has been officially accepted by the council and does not include roads, lanes and similar ways which have not been dedicated of record or accepted by the city council.
SHALL: Designates a mandatory requirement.
STREET: A right of way which provides vehicular and pedestrian access to adjacent properties, the dedication of which has been officially accepted by the council. The term "street" includes also the terms highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, and other such terms.
STREET, ARTERIAL: A street designated as an arterial street by the council. It is the primary purpose of an arterial street to carry fast or heavy traffic.
STREET, COLLECTOR: A street designated as a collector street by the council. A collector street has the primary purpose of carrying traffic from minor streets to other collector streets and arterial streets.
STREET, COMMERCIAL: A street designated as a commercial street by the council. It is the primary purpose of a commercial street to provide for traffic movement in a commercial area.
STREET FRONTAGE: A minor street, parallel to and adjacent to an arterial street, which has the primary purpose of providing access to abutting properties.
STREET, INDUSTRIAL: A street designated as an industrial street by the council. It is the primary purpose of an industrial street to provide for traffic movement in an industrial area.
STREET, MINOR: It is the purpose of a minor street to provide access to abutting properties.
STREET, PARTIAL: A dedicated right of way which provides only a portion of the required street width.
SUBDIVIDER: An individual, corporation, firm or group which undertakes the subdividing of a lot, tract or parcel of land for the purpose of transfer of ownership or development, and including dedicating of streets or changes in street or lot lines.
SUBDIVISION: The division of a lot, tract or parcel of land into more than two (2) parts for the purpose of transfer of ownership or for the construction of improvements thereon.
UTILITIES: Installation for conducting water, sewage, irrigation water, storm drains, gas, or electricity and similar facilities providing service to and used by the public. (Ord. 228, 12-15-1981; amd. Ord. 242, 8-7-1984; 2015 Code)
11-1-3: APPLICATION OF PROVISIONS; EXEMPTIONS:
   A.   This title shall apply to the subdividing of all land within the corporate limits of the city, including the following:
      1.   The dividing of land into more than two (2) tracts, lots, or parcels for transfer of ownership for building development, any part of which, when subdivided, contains less than five (5) net acres.
      2.   The dedicating of any street or alley through or along any tract of land.
      3.   The resubdivision of a lot or parcel into more than two (2) sublots except as provided in subsection B of this section.
   B.   This title shall not apply to any of the following:
      1.   An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property thereunder, provided the parcels thus formed do not violate the minimum lot sizes defined in this title.
      2.   When a piece of land is given to a blood relative with no money exchanged, said parcel can be deeded once in a lifetime without platting. (Ord. 242, 8-7-1984)
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