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)
The applicant shall be responsible for submitting plans that comply with the standards established herein and follow the procedures established hereby. The following materials shall be submitted to begin the subdivision review process:
(A) Subdivision Plan Standards. Every subdivision plan shall consist of one or more maps, the horizontal scale of which shall not be less than fifty feet to one inch or more than one hundred feet to one inch. These maps, together with written data, shall fully and clearly disclose the following information:
1. The proposed name of the subdivision.
2. A legal description of the land contained within the subdivision prepared by a licensed land surveyor.
3. The names, mailing addresses and electronic contact information for all persons, firms and corporations holding interests in said land and proof of ownership (preliminary opinion of title) and consent from any lienholder of record granting authorization to subdivide the property.
4. The name, a mailing address and telephone number of the engineer, surveyor or other persons that prepared the subdivision plan, each within his/her proper realm of professional responsibility.
5. The location of the boundary lines of the proposed subdivision in relation to section, quarter section, and quarter-quarter section lines and any political boundaries of the city which are part of the legal description of the property.
6. The boundaries and dimensions of all blocks and lots within the proposed subdivision together with the numbers proposed to be assigned to each lot and block.
7. A data table showing the number of lots, the approximate lot area for each lot within the proposal site, and the total acreage of the entire proposal area.
8. A statement of proposed methods for provision of irrigation/domestic water supplies and for wastewater disposal, including a brief narrative describing the methods of providing such services and explaining its suitability.
9. A sketch map of the general vicinity in which the land proposed for subdivision lies depicting streets and roads in the vicinity of the proposal, streams, or bodies of water within five hundred feet of the exterior boundaries.
10. Any existing or proposed easements and right-of-way dedications.
11. All proposed streets and pedestrian ways, showing width, curbs, swales, sidewalks, and proposed street names.
12. All adjacent streets including drainage facilities, curb locations and existing pedestrian ways.
13. Show location of existing buildings and setbacks from proposed lot lines and proposed streets.
14. Show the location, dimensions, and area of all parcels of land to be set aside for parks, open space, or other public use or for the use of property owners in the proposed subdivision.
15. Depict development phases, or stages, if the project will be done in parts; and
16. Preliminary system plans for each proposed subdivision that should include:
17. A proposed utility infrastructure plan, including sewer layout plan, water line locations, and approximate centerline grades;
(a) General grading plan showing ultimate surface water flow patterns and generally depicting areas where surface elevations would be altered by two feet or more.
(b) Pedestrian circulation plans; and
(c) Traffic studies, if required by the public works superintendent.
(B) Hearing Before Planning and Zoning Commission. Once the application has been reviewed by the city staff and the staff has determined that the application is complete and that sufficient information regarding the proposal can be provided for the planning and zoning commission, the matter will be placed on the planning and zoning commission agenda for public hearing when the commission agenda can allow the matter to be heard properly. Every effort should be made to schedule such initial public hearing within no more than one hundred twenty days from the date when the application is determined to be complete.
(C) Comment from Public Agencies Providing Services. Upon the acceptance of a proposed subdivision plan for processing, the city shall provide one copy of the completed application, a vicinity map on eight and one-half by eleven inch paper to be provided by the applicant to each of the following agencies and provide the agency an opportunity to comment:
1. Health district.
2. Fire district that would be providing fire protection to the subdivision.
3. Water purveyor for the proposed subdivision.
4. School district in which the subdivision is located.
5. U.S. Postal Service.
6. Law enforcement agency for the jurisdiction.
7. Highway agency providing service; and
8. Other public agencies or public service providers.
(D) Notice of Public Hearing. At least fifteen days prior to the date of a public hearing, notice of the time and place and a summary of the proposal, including any proposed exceptions, shall be published in the official newspaper of the City of Grace. Additional notice shall be provided by mail to property owners of record within three hundred feet of the external boundaries of the land being planned for subdivision and any additional land that may be substantially impacted by the proposed subdivision as determined by the planning and zoning commission, city council or city staff. When notice is required to two hundred or more property owners or purchasers of record, extraordinary notice may be given as provided by state law. Notice will also be posted by the city on the property in accordance with posting standards concerning land use matters. The applicant shall be responsible for all costs of publication and mailing of notices and posting on the property.
(E) Planning and Zoning Commission (or City Council) Public Hearing. At, or prior to, the public hearing, the city staff will provide a report for the planning and zoning commission providing information about materials received into the record from interested parties and public agencies. The public hearing shall follow the procedural resolution adopted by the city council, subject to such variation as might be appropriate in light of circumstances.
(F) Planning and Zoning Commission Recommendation. After the planning and zoning commission has reviewed the subdivision plan at the public hearing, the commission shall forward a recommendation to the city council. The commission shall recommend approval, approval with conditions, or disapproval of the subdivision as soon as it has had time to thoughtfully contemplate the materials presented to it for decision. The city staff shall notify the applicant, in writing, of the recommendation of the commission and any recommended conditions or changes requested and shall advise the applicant that the subdivision will be scheduled for consideration by the city council only after a written request has been filed by the applicant.
(G) City Council Decision. Upon receipt of a written request that the subdivision be placed on the city council agenda, the administrator shall present the subdivision request before the city council for scheduling. The city council, upon receipt of the recommendation from the planning and zoning commission, and after opportunity to review the file and minutes from the public hearing, may act upon the request based upon the compiled record or may schedule a subsequent public hearing if it deems such hearing to be necessary. Procedures for any such hearing shall comply with the city's hearing procedures resolution. The city council may approve, approve with conditions, or disapprove the subdivision. City staff will notify the applicant in writing of the decision of the city council.
(H) Department of Environmental Quality (DEQ). (Ord. 2020-5, 9-16-2020; amd. Ord. 2022-3, 7-6-2022)
(A) Plat amendments shall be governed as follows:
1. Plat amendments should be submitted in substantially the same form as a final plat.
2. The amendment plat shall be clearly identified as such.
3. The amendment plat shall show the dimensions and acreage of all parcels that have been modified. New parcels may not be created by amendment.
4. The amendment plat shall include a key. That key shall show all changes made as an overlay over the final plat originally recorded.
5. The certificate of consent must be signed by all owners of record affected by the amendment.
6. Plat amendments are reviewed by the administrator rather than the commission before being presented to the city council. The certificates of approval should be for the administrator and the council.
(B) Vacation of a plat shall be subject to the following:
1. Vacation of any plat, or any portion of a plat, may be proposed, following the procedure provided here and in I.C. § 50-1306A.
2. A petition for vacation and the required fee shall be filed with the administrator, who shall place consideration of that petition on the agenda of the next regular commission meeting at which time will permit its proper review.
3. The commission shall review the proposed vacation and recommend that the vacation either be accepted or denied by the council.
4. The administrator shall notify the council and the petitioner of the commission's recommendation within ten business days, and unless the petitioner withdraws the petition, place a hearing on the proposed plat vacation on the agenda of the next regular council meeting for which the notice requirements can be met, and at which time will permit its proper review.
5. Notice of the hearing shall be provided as outlined in Section herein, and I.C. § 50-1306A.
6. The council shall conduct a hearing on the proposed plat vacation. No petition shall be reviewed if the petitioner or a representative is not present.
7. The council shall accept or reject the petition for vacation, with acceptance based on findings that:
(a) The vacation will not eliminate safe road access to any lot or parcel that is in separate ownership and was formerly included in or is adjacent to the plat.
(b) The vacation will not eliminate easements or rights-of-way used for utilities serving any lot or parcel that is in separate ownership and was formerly included in, or is adjacent to the plat; and
(c) All owners of record of property or property interests within the plat proposed to be vacated have consented, in writing, to the vacation.
(d) If the petitioner or a representative has petitioned a partial vacation of a subdivision, the petitioner will prepare a new plat drawing on archival Mylar of the amended subdivision, clearly noting those portions or parts of the subdivision vacated. This revised plat drawing must be recorded immediately in the office of the Caribou County Clerk after being signed by the city council.
(e) The administrator shall notify the petitioner and interested parties of the council's decision within ten business days.
(C) No subdivision shall be approved that creates lots that do not comply with the underlying zoning or land use requirements established by city ordinances, and Comprehensive Plan, with the exception of lots platted as common areas or public space, or lots that are otherwise not to be established for private use and development.
(D) It shall be the responsibility of the applicant of every subdivision to install at own expense and have prepared by a registered engineer, a complete set of construction plans, including profiles, cross-sections, specifications and supporting data, for all required streets, street lights, utilities and other facilities. Such construction plans shall be based on the approved subdivision and shall be prepared in conjunction with the final plat. All construction plans shall be prepared in accordance with the public agencies' standards or specifications, and shall be installed in conformance with the following conditions and specifications:
1. Survey monuments shall be set in accordance with Idaho Code and all street monuments shall be installed in monument boxes approved by the city.
2. Water line construction shall be governed by the standards of the water purveyor and shall include a separate water meter to each lot. Public water supply shall be provided in conformance with the standards adopted by the city council and the Idaho Department of Health and Welfare.
3. Sewer line construction shall be governed by the standards established by the city and approved by the city council. Any sewerage system shall be provided in conformance with the Idaho State Public Works Standards, plans adopted by the city, state law and sewer policies and procedures approved by the city council.
4. Adequate provision for fire protection shall be made in accordance with the International Fire Code.
5. Pedestrian ways, pathways, streetlights, streets, curbs, and storm water drainage systems shall be constructed in accordance with the design standards and policies adopted by the city council. Electric, natural gas, and communication utility lines shall be installed underground.
6. Subdivisions may be phased, to be developed in portions periodically according to a proposed schedule, so long as each phase contains all of the necessary improvements to function as a subdivision without the completion of any of the other phases. The applicant shall indicate plans for phasing at the time of application. The plans shall show proposed phasing boundaries, proposed interim or temporary solutions to sanitary sewer systems and to the handling of traffic on local streets within the subdivision and shall be accompanied by a narrative description of assurance of completion of permanent system improvements. A phasing plan shall coordinate required infrastructure systems, dedications, off-site improvements, open space/parks, landscaping, private utilities, or other elements of a subdivision. The plan may indicate times of triggering mechanisms for improvements.
(E) Every final plat required by this title shall be prepared in accordance with Chapter 13, Title 50, Idaho Code as it now exists or is subsequently amended.
(F) The original and three (3) copies of the final plat shall be submitted to the city, for review by the city's reviewing engineer and/or county surveyor to determine that the plat meets all of the requirements of Idaho Code, this title and the subdivision plan approval, including any conditions imposed by the city council, and that all required on-site and off-site public improvements have been completed and are ready for acceptance by the city or have been suitably guaranteed. Prior to submittal to the city, the final plat shall be submitted to the county for approval of the subdivision name and street names.
(G) Failure to file the final plat application within one year after action by the city council shall cause all approvals of said subdivision plan to be null and void, unless an extension of one year has been applied for by the applicant and approved by the city council. An applicant may apply for and receive additional extensions for good cause if actual work has been commenced and is continuing on the installation of the improvements.
(H) When staff review of the final plat is completed and all required terms and conditions are satisfied, staff may forward the plat to the city council for approval. The administrator shall thereafter place the request for plat approval on the next available city council agenda. The city council shall review the subdivision and plat and, upon finding that all of the requirements have been satisfied, shall authorize the mayor or chairman and the city clerk to sign the plat. The city's reviewing engineer's signature shall be the final approval assigned to the plat.
(I) After the plat receives the signatures required in this Section, the administrator may authorize recordation of the final plat with the county recorder and ensure that the city obtains a reproducible copy of the recorded plat.
(J) No building permits will be issued for lots depicted on the final plat until the final plat has been recorded, the reproducible copy of the recorded plat has been received and the interior monuments have been set in accordance with Idaho Code. (Ord. 2020-5, 9-16-2020; amd. Ord. 2022-3, 7-6-2022)
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