CHAPTER 3
SUBDIVISION CODE
SUBDIVISION CODE
SECTION:
4-3-1: Subdivision Ordinance Title
4-3-2: Statement Of Purpose And Authority
4-3-3: Administration
4-3-4: Definitions
4-3-5: General Provisions
4-3-6: Procedures
4-3-7: Plat Maps
4-3-8: Subdivision Design And Location
4-3-9: Mitigation, Fees, Review
4-3-10: Changes, Alterations Or Deletions
4-3-11: Bonds, Compliance Agreements, And Penalties
4-3-12: Open Space Subdivisions
(A) These provisions are adopted to provide for the orderly division and development of land within the city. Their primary function shall be to provide a process to review development proposals to assure that public and shared private facilities are designed and constructed to serve the households and businesses that will depend upon them and that such development properly integrates with the existing community in ways that minimize public costs while protecting the quality of the natural and developed environment. This subdivision ordinance is a tool that serves the purpose of implementing comprehensive plan policies in conjunction with related land use and development ordinances. It is intended to assure provision of adequate and efficient streets, water supply, sewerage, drainage, parks, pedestrian pathways, and public facilities by applying proper standards and allowing public participation during review. The title seeks to have the community bear no more than its fair share of any cost of providing services by requiring the applicant to install improvements, pay fees, furnish land, or undertake proportionate mitigation measures to provide a fair share of capital facilities needs generated by the development. The subdivision ordinance also seeks to encourage the wise use and management of natural resources to preserve the stability and desirability of the community and the value of the land. The subdivision process strives to assure provision of open space through the efficient design and layout of land and shared facilities, maintaining the intensity of development as directed by the city's comprehensive plan in conjunction with the zoning ordinance.
(B) This title is adopted pursuant to the authority delegated to the City of Grace pursuant to Article 12, Section 2 of the Idaho Constitution; Chapter 65, Title 67, Idaho Code (Local Land Use Planning Act) and Chapter 13, Title 50, Idaho Code (Plats and Vacations). (Ord. 2020-5, 9-16-2020; amd. Ord. 2022-3, 7-6-2022)
(A) The provisions of this title shall be administered in pursuit of orderly growth and development and shall supplement and implement provisions of the comprehensive plan and capital improvements plan. By virtue of this title, the city council, planning and zoning commission and administrative staff of the City of Grace are vested with the authority to review, approve, approve with conditions, or disapprove applications for subdivision of land in accordance with the process and standards established hereby. No land development activity that constitutes subdivision or installation of subdivision improvements pursuant to the requirements of this title nor the filing of a subdivision plat in the office of the county recorder shall be undertaken without first obtaining the permits or approvals required by this title and other applicable laws.
(B) In their interpretation and application, the provisions of this title shall be held to be minimum requirements. Sound engineering practices may require alternative designs to assure the integrity of public or shared private improvements. More stringent engineering requirements may be imposed if necessary, to protect the public health, safety, and welfare. Where any provision of these requirements imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, the provision which is more restrictive or imposes the standards most likely to protect the public health, safety and general welfare shall control. (Ord. 2020-5, 9-16-2020; amd. Ord. 2022-3, 7-6-2022)
For the purposes of this title, the following terms, phrases, and words will have the meanings given in this title or as defined in Idaho statute. When not inconsistent with the context, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" be mandatory, not merely directory, unless the express language of the ordinance provides otherwise. Except as expressly defined herein, words used in this title shall be given their ordinary meaning consistent with common usage and context.
ALLEY: | A right-of-way designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street. Alleys may be found on the plats of land within the city as well as on the city's maps. |
BLOCK: | A group of contiguous lots within fixed boundaries established by a subdivision plat. |
CITY: | The City of Grace. |
COUNTY: | Caribou County. |
FINAL PLAT: | The final drawing of the subdivision and dedication prepared for filing for record with the county recorder and containing all elements, requirements and approvals set forth in Idaho Code and this title. |
LOT: | A designated parcel of land established by a subdivision plat pursuant to Chapter 13, Title 50, Idaho Code. |
MINOR SUBDIVISION: | The division of a platted lot or a parcel of land into four or fewer contiguous lots that comply with minimum standards of the zoning ordinance in all respects, that have access onto an existing public right-of-way or an approved shared driveway that serves no more than the four proposed lots and complies with applicable fire codes. |
OFF-SITE: | Not located on the property that is the subject of a development application nor on a contiguous portion of a street or right-of-way. |
ON-SITE: | Located on the land in question or located on land that is immediately contiguous to the land in question. |
OPEN SPACE: | Land, essentially free of structures, set aside, dedicated, designated, or reserved for the public or for the shared use and enjoyment of owners and occupants of land adjoining or neighboring such open space. |
PARCEL: | Contiguous land in the ownership of one person or entity and constituting a separate tract of land. |
PLAT: | A reproducible or permanent drawing of a subdivision and dedications and easements, prepared for filing and recording with the county recorder in accordance with the provisions of Chapter 13, Title 50, Idaho Code. |
PLAT AMENDMENT: | A plat amendment is a minor change in the lot arrangement or routing of rights-of-way or easements in a previously recorded subdivision plat. It may result in the consolidation of lots but does not result in the creation of any additional lots or parcels, or the addition of land to the subdivision. Plat amendments are instituted by the recording of an amended plat following the process provided in this title. |
PRIVATE STREET: | A road or shared drive which is not a dedicated and accepted public right-of-way for public use, and is not maintained by the City of Grace, Caribou County, or Idaho Transportation Department. |
RE-PLAT: | Any change in an existing subdivision that adds land to the subdivision or creates a new road or parcel within an existing subdivision. The procedures for a re-plat are the same as for and original subdivision. |
STREET: | A public right-of-way which provides vehicular and pedestrian access to adjacent properties, that dedication of which has been officially accepted by the local highway jurisdiction. The term "street" also includes the terms highway, parkway, road, avenue, land, place and other such terms. |
SUBDIVISION: | The division of any parcel of land in single ownership into two or more lots, parcels, tracts or sites for the purpose of sale, lease, transfer or development, excepting therefrom a bona fide division of land for agricultural purposes. |
SUBDIVISION PLAN: | Both written narrative and the maps, plans or plats that together fully describe a proposed subdivision as required by this title. |
VACATION: | The process provided by state law (see I.C. § 50-1306A) and this title for the elimination of a recorded subdivision plat. (Ord. 2020-5, 9-16-2020; amd. Ord. 2022-3, 7-6-2022) |
(A) It shall be the responsibility of each applicant for subdivision approval to submit a subdivision plan that demonstrates compliance with the requirements of this title, state platting law and such other site-specific conditions as might be applied in the course of plan review. The city council may approve the proposal as submitted, condition approval on revised submittals, or deny approval based upon the inadequacy of submitted materials or design. In particular, the applicant shall be obligated to demonstrate the following in order to obtain subdivision plan approval:
1. A proposed street and road system, consistent with elements of the Comprehensive Plan and Transportation Plan of the City of Grace, and/or Caribou County in order to continue circulation called for in such plans and to provide connectivity with adjoining lands, whether presently developed or not.
2. The subdivision proposed will be served by a public water system that has sufficient capacity to meet the needs of the developed subdivision and to maintain continuity of any such water system. If water is to be provided by individual wells, applicant must demonstrate that readily available water resources exist to meet the future needs of those who seek to build within the development created. Sufficient water delivery must be provided to provide for fire suppression in accordance with applicable provisions of the fire code.
3. The proposed subdivision will be served by a wastewater collection and treatment system that complies with environmental standards established by law. Any use of a public wastewater system shall carry with it an obligation to continue the system to the extent of the applicant's ownership in order to sustain continuity of the wastewater system for other landowners. A proposed subdivision in the impact area that is not served by city water and sewer that intends to employ on-site wastewater disposal must demonstrate by scientific evidence that each lot will qualify for on-site disposal approval as required by state law. Onsite wastewater disposal will only be considered outside of the city boundary where connection to a public wastewater system is not feasible and is subject to the discretion of the city public works superintendent.
4. Open space requirements established by ordinance must be satisfied.
5. Surface water/storm water handling requirements must be met in order to protect neighboring lands and bodies of water while minimizing the public costs of storm water management.
6. Sidewalks, pathways, and other facilities for pedestrian circulation within a project and connecting to neighboring lands must be provided.
7. Bicycle routes or paths that allow cyclists to travel safely within the proposed subdivision and upon neighboring rights-of-way must be provided.
8. Design and installation of street lighting to illuminate each street or roadway intersection and other locations in accordance with lighting standards adopted by city council resolution or ordinance.
9. Design and installation of street signs identifying the names of streets and roads in accordance with standards adopted by city council resolutions.
10. All streets shall be completely installed and have curb and gutter installed prior to any lots being sold. Streets shall align and conform with the existing layout of City streets.
11. Developers are required to have any and all lots surveyed and marked with survey pins.
12. Design and installation of traffic control devices in accordance with the Manual on Uniform Traffic Control Devices (MUTCD).
13. Demonstrated compliance with all site-specific requirements established as a condition of city council review.
14. Demonstrated compliance with zoning ordinance provisions respecting lot area, topographic and dimensional requirements for lots created by the subdivision.
15. The applicant must enter into a development agreement, a construction improvement agreement, and/or a warranty agreement as applicable, or as required by the administrator, to assure compliance with all requirements of this title that development improvements are designed and installed as required by law.
16. Applicant shall be responsible for any and all costs relative to above requirements.
(B) No subdivision plat shall be recorded, nor shall any divided lots be sold, unless the subdivision approval required by this chapter has been obtained and the plans have been approved by the administrator. The planned improvements must be installed, or sufficient surety must be provided to guarantee completion of improvements before occupancy of any dwelling or business on any lot in a proposed subdivision.
(C) Failure to comply with any provisions of the development approval process shall constitute a violation of this chapter subject to the penalties and consequences established herein. The City reserves the right to make claims against the bond procured by developer/Applicant in order to redress violations of this chapter. Nothing in this provision shall be construed as mandatory action to be taken by the City.
(D) Every division of land into two or more lots, tracts, parcels, sites or divisions, regardless of lot size, whether immediate or future, for the purpose of sale, lease, transfer or development within the city shall not proceed except in compliance with this title.
(E) The provisions of this title shall not apply to the following:
1. The transfer of land between two adjacent property owners, which does not result in the creation of any additional building site, does not negatively impact rights-of-way or easements, and does not result in nonconforming lots or increase the degree of nonconformity of existing lots.
2. Any division of land made by testamentary provision or the laws of descent so long as the results is not more than two (2) developed lots. Parcels of land so created must comply with lot size, frontage, and other standards established by ordinances of the city and other applicable laws to be eligible for a building permit or to qualify for establishment of an authorized land use. Improvements meeting the standards pursuant to this title shall be installed as a condition of obtaining building permits or initiating construction on parcels created by any such court decree.
3. Any acquisition or division of land by a public agency.
(F) Any person who proposes a subdivision shall submit to the city a completed application for a subdivision plan approval on a form provided by the city. Along with the application the applicant shall submit three (3) copies of the subdivision plan. Details and specifications for the plan submittal shall conform to the standards described in this title and Idaho law.
(G) Each application shall be accompanied by a fee in accordance with the fee schedule established by resolution of the city council. Such fees shall be in an amount to compensate for expenses incurred by the city in conducting a thorough review of each subdivision proposal from beginning to completion of construction and acceptance of improvements. Fees may be charged in increments to coincide with review progress. (Ord. 2020-5, 9-16-2020; amd. Ord. 2022-3, 7-6-2022)
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