TITLE 12
SUBDIVISION REGULATIONS
CHAPTER 1
AUTHORITY, APPLICABILITY AND AMENDMENTS
SECTION:
12-1-1: Title
12-1-2: Authority
12-1-3: Applicability And Jurisdiction
12-1-4: Purposes
12-1-5: Enactment
12-1-6: Amendments
12-1-7: Fees
12-1-8: Enforcement And Penalties
12-1-9: Interpretation, Conflict, And Separability
12-1-10: Savings Provision
12-1-11: Reservations And Repeals
12-1-12: Exceptions
12-1-13: Time Limits
12-1-1: TITLE:
These regulations shall officially be known, cited, and referred to as the SUBDIVISION ORDINANCE OF GEM COUNTY, IDAHO. (Ord. 2009-06, 9-28-2009)
12-1-2: AUTHORITY:
This title is adopted pursuant to the authority delegated to Gem County pursuant to article 12, section 2 of the Idaho constitution, and Idaho Code title 67, chapter 65 and title 50, chapter 13.
The provisions of this title shall be administered to ensure orderly growth and development and shall supplement and implement provisions of the Comprehensive Plan applicable to Gem County and of this code. In accordance with this title, the Board of County Commissioners of Gem County, the Gem County Planning and Zoning Commission, and the Gem County Development Services Department are vested with the authority to review, approve, approve with conditions, or disapprove applications for the creation of subdivisions as set forth in this title. (Ord. 2009-06, 9-28-2009; amd. Ord. 2022-07, 8-1-2022)
12-1-3: APPLICABILITY AND JURISDICTION:
These regulations shall apply to the creation of subdivisions, as defined by this title, within the unincorporated territory of Gem County. In accordance with the Emmett area of city impact agreement between Gem County and the city of Emmett (set forth in Gem County ordinance 2007-18), these regulations shall apply within the Emmett area of city impact, except that all applications for the creation of a subdivision within one mile of the city limits of the city of Emmett shall be governed by the subdivision ordinance of the city of Emmett.
It shall be unlawful for any person to create a subdivision without first complying with the provisions of this title and any other applicable provisions of this code.
It shall be unlawful for any person to transfer ownership of lots created by the subdivision of land before a plat has been prepared and recorded pursuant to Idaho Code, title 50, chapter 13. No plat shall be recorded until all improvements required by the provisions of this title and this code have been constructed and accepted by Gem County or have been suitably guaranteed in accordance with the provisions of this title.
No subdivision permit application shall be accepted by the department when the property sought to be subdivided is not in compliance with all applicable local land use ordinances or is the subject of unresolved local land use ordinance violations. (Ord. 2009-06, 9-28-2009)
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