(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)