ORDINANCE NO. 2022-06
AN ORDINANCE AMENDING TITLE 11, CHAPTER 6-3: SUPPLEMENTAL GENERAL PROVISION, AND TITLE 12, CHAPTER 6-1: SUBDIVISION DESIGN AND IMPROVEMENT STANDARDS ADDING ROAD NAMING STANDARDS.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF GEM COUNT, IDAHO, THAT GEM COUNT CODE TITLES 11 AND 12 BE AMENDED AS FOLLOWS:
Gem County, ID
Title 11 and Title 12 Ordinance Amendments
(as approved by the Board of County Commissioners on July 11th at 1:30 PM at the Gem County Courthouse)
TITLE 11 CHAPTER 2
DEFINITION OF TERMS
11-2-2: DEFINITIONS
PRIVATE ROAD: a roadway that is not dedicated to the public, but intended for public use, privately maintained, serving more than two (2) building parcels or lots but not more than ten (10), and that is approved pursuant to subsection 11-6-3 of this title and Gem County Code Title12, Chapter 8. A private road does not include existing easements that may have provided access but have not been built to county standards.
TITLE 11 CHAPTER 6
PERFORMANCE STANDARDS
11-6-3.: SUPPLEMENTAL GENERAL PROVISIONS
11-6-3.J.1
J. Private Roads:
1. General Provisions:
a. A private road name application (pursuant to Gem County Code Title 12, Chapter 8) must be submitted to the County for the appropriate type of private road listed below.
TITLE 12 CHAPTER 6
SUBDIVISION DESIGN AND IMPROVEMENT STANDARDS
12-6-1.H.2
2. Road Names: All new road names shall be approved by a committee formed by the Board for reviewing road names. Proposed road names shall not duplicate or be sufficiently similar in sound or spelling to cause confusion with existing road names. Road names on new roads that are aligned with existing roads shall have the same name as the existing roads, where the committee determines that it is in the best interest of the public health, safety, and welfare. Road name signs and all other traffic control signs or devices as required by the Board shall be installed by the applicant.
TITLE 12 CHAPTER 8
STREET ROAD NAMING
12-8-1: SHORT TITLE, PURPOSE AND APPLICABILITY:
This chapter shall be known as the GEM COUNTY STREET ROAD NAMING ORDINANCE, and is adopted for the purpose of providing a standardized system of street road names to enable efficient location, navigation and delivery of public services within the county, particularly with the countywide 911 program. This chapter shall apply to all lands within the unincorporated areas of Gem County.
12-8-2: DELEGATION AND RECISSION OF AUTHORITY:
The board hereby delegates both responsibility and authority for implementing this chapter to the director of development services. The board reserves, at its sole discretion and for any reason, the right to withdraw this delegation at any time and for any period of time as the board chooses.
12-8-3: APPROVALS REQUIRED:
Approval shall be obtained from the director of development services according to the requirements of this chapter for the right to use a street road name and its accompanying predirection and posttype. No sign designating any street road may be erected until such approval is obtained.
12-8-4: NAMING NEW STREETS ROADS
Application:
Applications to name new streets roads may only be submitted in conjunction with a development application, such as for a subdivision or private road.
Applications may only be submitted by the property owner listed on the associated development application, their authorized representative or a government agency.
An application to name a new street road shall contain the following:
A completed application form, furnished by development services.
A map or plan which accurately depicts the location and names of existing and proposed streets roads. If the application is associated with a proposed subdivision, a copy of the preliminary plat must be submitted.
If the application is associated with a new private road, a copy of the private road application must be included.
Application Review:
The director of development services shall review proposed street road names for conformance with the requirements of this chapter and shall grant preliminary approval for applications that are found to be in compliance.
All property owners having frontage on the affected private road shall be notified by mail of the proposed naming of the private road and provided a copy of the application.
Property owners have fourteen (14) days from the mailing of the application notice to provide written comments to the director of development services regarding the proposed naming.
The director of development services shall not make a final approval pursuant to the procedures provided in section 12-8-4 of this chapter until the fourteen (14) day period has expired.
As part of the review process, the director of development services shall forward the application to certain agencies for review, and those agencies shall be given ten (10) business days to provide comment on the application’s compliance with this chapter and the agency’s standards. The director of development services shall consider these comments in determining whether to approve or deny an application. Applications must be sent to the designated committee for review: County Assessor, Gem County Sheriff Dispatch, the fire department responsible for properties accessed by the subject road, and if the street road is within the area of city impact, the city’s planning department.
The director of development services shall notify the applicant of the results of the review. If an application is denied, the reasons for denial shall be provided.
Preliminary Approval:
Upon granting preliminary approval for a proposed street road name, the director of development services shall reserve the street road name for the exclusive use of the applicant, pending final approval of the associated development application.
Preliminary approval shall be rescinded for the following reasons, in which case the applicant must reapply to use the street road name:
The applicant changes the layout of a proposed street road after preliminary approval.
Final development approval is not obtained within twenty four (24) months of the preliminary street road name approval.
Another development application receives final approval before the applicant’s development, and that development’s street road names or layout cause the applicant’s proposed names to be out of compliance with this chapter.
Final Approval:
If no circumstances require that the applicant’s preliminary approval be rescinded, final approval of the street road name is granted automatically with final approval of the associated development application.
12-8-5: NAMING EXISTING UNNAMED STREETS ROADS:
The director of development services shall follow the procedures provided in section 12-8-4 of this chapter for the naming of existing unnamed streets roads., except for the following:
Street road name applications are not required to be submitted in conjunction with a development application.
If a street road name application is not associated with a development application, the preliminary approval process does not apply. If it is determined during application review that an application meets all applicable requirements, the director of development services shall grant final approval for the street road name.
12-8-6: NAMING A PRIVATE ROAD
The director of development services shall follow the procedures provided in section 12-8-4 of this chapter for the naming of existing unnamed streets roads, except for the following:
All property owners having frontage on the affected private road shall be notified by mail of the proposed naming of the private road and provided a copy of the application.
Property owners have fourteen (14) days from the mailing of the application notice to provide written comments to the director of development services regarding the proposed naming.
The director of development services shall not make a final approval pursuant to the procedures provided in section 12-8-4 of this chapter until the fourteen (14) day period has expired.
12-8-7: CHANGING EXISTING STREET ROAD NAMES:
Public Hearing Required: Existing street road names may only be changed by an affirmative action of the board at a public hearing, except for the correction of scrivener’s errors as provided in this section.
Initiation of Change:
The director of development services or another public agency may request a street road name change if the current name is not in compliance with this chapter and/or the current name negatively impacts public safety or the delivery of public services.
An owner of property along a street road may request that the street road name be changed by filing an application with the director of development services. In order for the application to be considered, the property owner must first obtain approval for the change from seventy five sixty-six percent (75 66%) of the property owners along the subject street road.
Application: A street road name change application shall contain the following:
A completed application form, furnished by the director of development services.
A map or plan which accurately depicts the location and names of existing and proposed streets roads.
An explanation of the reasons for the requested name change.
A list of the names and addresses of the consenting seventy five sixty-six percent (75 66%) of property owners.
Application Review:
The director of development services shall review proposed street road names for conformance with the requirements of this chapter and shall schedule a board hearing for applications that are found to be in compliance.
As part of the review process, the director of development services shall forward the application to certain agencies for review, and those agencies shall be given ten (10) business days to provide comment on the application’s compliance with this chapter and the agency’s standards. The director of development services shall forward such comments to the Board for consideration. Applications must be sent to the designated committee for review: County Assessor, Gem County Sheriff Dispatch, the fire department responsible for properties accessed by the subject street road, and if the street road is within the area of city impact, the city’s planning department.
The director of development services shall notify the applicant of the results of the review. If an application is denied, the reasons for denial shall be provided.
Notice of Public Hearing: All owners of property along the subject street road shall be notified by mail of the public hearing at least fifteen (15) days before the hearing. The notice shall include the reason for the change and information about the board hearing.
Effective Date: Upon an affirmative action by the board, a street road name change shall become effective sixty (60) days after the date of the board’s decision.
Notice of Change: The director of development services shall mail notices of a street road name change to affected property owners within seven (7) days of the board’s decision. The director of development services shall notify certain public agencies of a street road name change within thirty (30) days of the board’s decision. Notice shall be provided to affected agencies, as determined by the director of development services, including public health and safety agencies, the United States postal services and utility companies.
Subsequent Address Changes: After a street road name change, the director of development services and the county assessor shall change the addresses of any affected structures or properties to reflect the new street road name, according to the requirements of this chapter.
The applicant is responsible for all costs and fees related to the new sign and placement.
If the road is part of a subdivision, and recorded as such on a plat, a subdivision re-plat shall be required to update the road name on the plat. All costs associated with the re-plat, including recording, shall be the responsibility of the applicant.
Correcting Scrivener’s Errors:
In the event a plat is recorded with a scrivener’s error, including, but not limited to, a misspelled street road name or an incorrect or missing predirectional or posttype, the director of development services may correct the street road name by filing an affidavit of street road name change with the county recorder.
The director of development services shall mail a notice of the street road name change affidavit to all owners of property along the subject street road at least fourteen (14) days prior to recordation.
If, as determined by the director of development services, the incorrect street road name is significantly different in spelling or pronunciation from the correct name and the incorrect name is already in public use, the street road name change affidavit must be approved by the board at a public hearing prior to recordation. The director of development services shall send notice per subsection E of this section prior to the hearing.
12-8-8: STREET ROAD NAMING STANDARDS
street Road names shall conform to the following standards:
Any street road, whether public or private, that provides access to three (3) or more addressed structures or properties must be officially named according to the provisions of this chapter.
street Road names shall not be more than thirteen (13) letters in length, including spaces, except for when an existing street road with a nonconforming name is to be extended.
street Road names shall not contain the words North, South, East or West or any combination thereof. These shall only be used as predirectionals.
Proposed street road names shall not duplicate existing names in spelling or pronunciation. Differentiation between existing and proposed names shall not be accomplished by changes in spelling or by the use of different predirectionals or posttypes.
Proposed street road names shall not sound alike or be easily confused with existing street road names as determined by the director of development services.
Proposed street road names shall not be vulgar or profane as determined by the director of development services.
Proposed street road names shall not be first names, last names, or initials.
Where a proposed street road is in general alignment with an existing street road and is determined by the director of development services to be a continuation of that street road, the existing street’s road’s name shall be continued to the proposed street road.
12-8-9: VARIANCES AND APPEALS:
VARIANCE: The requirements of this chapter may be varied by the board where their enforcement will result in extraordinary individual hardship, provided the public interest is served. An applicant for such a variance must specifically state the hardship caused by these regulations and adequately prove that the variance will not cause an adverse effect to the health, safety and welfare of the public. In granting any variance, the board may impose conditions, as necessary, to ensure substantial compliance with the general principles of this chapter.
APPEAL: Any person, firm or corporation may appeal a decision of the director of development services to the board by filing a written notice of appeal within twenty (20) days after the decision. The notice of appeal shall specifically state where the director of development services erred in the interpretation or application of this chapter; failure to do so shall be grounds of dismissal of the appeal. Copies of the notice shall also be submitted to the director of development services and county clerk.
APPROVED AND ADOPTED THIS______ DAY OF JULY, 2022.
BOARD OF GEM COUNTY COMMISSIONERS
By:______________________________________
Mark Rekow, Commissioner
By:______________________________________
Bill Butticci, Commissioner
By:_______________________________________
Bryan Elliott, Commissioner
ATTEST:
_______________________________
Shelly Tilton, Gem County Clerk
SUMMARY OF GEM COUNTY ORDINANCE NO. 2022-06
AN ORDINANCE AMENDING TITLE 11, CHAPTER 6-3: SUPPLEMENTAL GENERAL PROVISION, AND TITLE 12, CHAPTER 6-1: SUBDIVISION DESIGN AND IMPROVEMENT STANDARDS ADDING ROAD NAMING STANDARDS.
FULL TEXT OF THE ORDINANCE IS AVAILABLE IN THE GEM COUNTY DEVELOPMENT SERVICES OFFICE.
THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT UPON PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW.
APPROVED AND ADOPTED BY THE BOARD OF GEM COUNTY COMMISSIONERS ON THIS ______ DAY OF JULY, 2022.
BOARD OF GEM COUNTY COMMISSIONERS
By:______________________________________
Mark Rekow, Commissioner
By:______________________________________
Bill Butticci, Commissioner
By:_______________________________________
Bryan Elliott, Commissioner
ATTEST:
_______________________________
Shelly Tilton, Gem County Clerk
PUBLISHED: ____________________