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)
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