Loading...
(A) The purpose of subdivision design and application of improvement standards is to create a functional and attractive development that is consistent with the community's vision, goals, and policies found within the comprehensive plan and design goals set forth in this chapter or other land use ordinances. Design standards are intended to provide direction and ensure that subdivision improvements will be compatible with the city's public utility and transportation systems. An express grant of discretion to vary from these standards is empowered to the city council or city public works superintendent on the basis of sound engineering judgment. To promote this purpose, subdivisions shall conform to the following general guidance standards.
(B) General requirements are those that apply to all subdivisions proposed within the city's jurisdiction. In addition to the requirements established in these regulations, all subdivisions shall comply with the following:
1. All applicable statutory provisions including Chapter 13, Title 50, Idaho Code.
2. This title and adopted construction standards.
3. Any rules administered or applied by the Idaho Department of Environmental Quality, Eastern Idaho Public Health District 7, and/or appropriate state agencies.
4. The rules and regulations of the local highway jurisdiction and the Idaho Transportation Department, if the subdivision or any lot contained therein abuts a state highway; and
5. The construction and design standards and regulations adopted by the city council.
(C) All surveys for subdivisions within the limits of the city's jurisdiction shall be based upon the appropriate horizontal control network for the City of Grace. The survey shall contain or be accompanied by the information supplied by survey control agency in Caribou County.
(D) Per I.C. § 50-1307, the proposed name of a subdivision shall not duplicate, or closely approximate the name of any other subdivision in the county. Subdivision naming shall be reviewed and approved by the administrator.
(E) Street addresses shall be assigned in accordance with the addressing system in effect within the jurisdiction. Addresses will be assigned prior to issuance of any building permit on any lot.
(F) Names for new streets may be proposed by the applicant and must be approved as part of subdivision approval. Street names shall not duplicate existing street names unless the proposed street is a continuation of or is in alignment with an existing street. Street names shall be reviewed and approved by the city prior to being entered into the emergency service 911 system. Street names shall be easily pronounced, not to be confused with similar words.
(G) Streets shall be designed to comply with city standards as approved by the city council and on file with the city's public works superintendent, and the current editions of the Idaho "Standards For Public Works Construction" (prepared by the Idaho Public Works Association), and American Association of State Highway Transportation Officials (AASHTO) "Geometric Guidelines." Street signage, striping and traffic control shall be designed to comply with the latest version and exceptions of the "Manual on Uniform Traffic Control Devices" (MUTCD) as adopted per Idaho Code and city standards, as approved and on file with the city's public works superintendent. Streets or highways under the jurisdiction of other agencies shall be designed to the current standards of those agencies.
(H) Street and rights-of-way design requirements. Rules for streets and lots shall be as follows:
1. The minimum width for any street shall be fifty-two feet sixty feet (60'), except by special use permit for purely local drives.
2. All streets and other public spaces and easements shall conform in effect to the official transportation plan, both as to location and as to width or size.
3. When adjoining undeveloped property, a half street may be dedicated.
4. The minimum width of any alley, wherever provided, shall be fifteen feet. Where alleys are not provided, easements may be required along lot lines of or across lots where necessary for the extension of water mains, sewers, and similar purposes.
5. No block shall be longer than one thousand feet between street lines. Requiring a sixty foot (60') right of way.
6. The arrangement of streets in new subdivisions shall make provision for the direct continuation of the principal existing streets in adjoining subdivisions (or their proper projection where adjoining property is not subdivided) insofar as they may be necessary for public requirements. In general, such streets shall be a width at least as great as the existing streets. The street and alley arrangement must also be such as to provide opportunity for access and use by adjoining property owners. Wherever a street is stub ended so that it will not end open into another street, No cul-de-sac shall be allowed.
7. At important intersections and at all acute corners, the property corner shall be rounded or cut off.
8. All curb corners shall have radii of not less than twelve feet and at important corners not less than twenty-four feet.
9. Grades of streets shall be the lowest feasible and no grade shall be in excess of five percent on through traffic streets nor in excess of ten percent on any other street.
10. Whenever streets or alleys are paved or surfaced, such paving or surfacing shall be of a type and strength suitable for the volume and character of traffic to be expected.
11. All improvements shall conform to the best engineering standards. Due consideration shall be given throughout to the appearance of the subdivisions and the various features thereof within its own boundaries and also in its environment in the city.
12. Other rights-of-way and street sections may be adopted by the city for special circumstances to meet overall transportation needs.
(I) Rights-of-way or easements for pedestrian walkways shall be required where necessary, to provide convenient pedestrian circulation throughout subdivisions to major roadways, schools, parks, shopping areas, or other pedestrian attractions.
(J) Utility, sidewalk, and drainage easements shall be provided along all rights-of-way. The easements will vary between ten feet and twenty feet depending upon the street design and available rights-of-way.
(K) Storm drainage shall be designed to accommodate onsite the design storm event and provide for the first half-inch of runoff. The treatment methodology shall comply with the Idaho Department of Environmental Quality's best management practices.
(L) Sanitary sewer and water design shall be in conformance with the city's water and wastewater master plans and construction standards. Utility designs shall additionally conform to local standards as set forth by plans and ordinances of the city, and rules enforced by the Idaho Department of Environmental Quality, the Southeastern Idaho Public Health District 6, and other appropriate agencies.
(M) Utilities shall be installed and extended to carry service beyond the proposed development through extensions to property lines and by providing appropriate line size, depth, and location. When utility extensions are required to provide service to and along the perimeter of developments, main or service laterals to adjoining properties are to be provided per the city's direction Idaho Public Standard Works (latest edition).
(N) Dry utilities (electrical, cable, gas, etc.) shall be located within the right-of-way or easements per city standard construction details. Dry utilities shall be coordinated to minimize the use of available rights-of-way or easements and shall be installed to accommodate future roadway expansions.
(O) Residential Lot Access. Every lot shall have sufficient access to accommodate emergency vehicles. If driveway access locations are indicated within the subdivision plans, they shall comply with driveways and curb cut standards in this code.
(P) Residential Lot Frontage. All residential lots shall abut a publicly dedicated street, or an approved private street.
(Q) Commercial Subdivision Design:
1. Limited Access to Arterial and Collector Streets. Access points shall be shown on the subdivision plan and become part of the recommendation by the planning and zoning commission and the decision of the city council.
2. Commercial/Industrial Lots. Lots within a commercial/industrial subdivision are not required to front on a public street but must have access provided through an easement or other dedicated arrangement. Review and approval of commercial/industrial subdivisions should consider the types of uses envisioned and shall focus on infrastructure provisions, circulation design, potential traffic impacts and mitigation, access provisions, and any other issues identified by staff through pre-application review that pertain to the proposed subdivision.
3. Commercial Standards. The applicant shall show that the streets and block patterns proposed are suitable for the uses anticipated and compatible with other potential or existing uses in the vicinity. Residential uses adjacent to commercial subdivisions shall be protected from potential nuisances (noise, odor, light, etc.) through the use of buffers, landscaping, setbacks, or open space. (Ord. 2020-5, 9-16-2020; amd. Ord. 2022-3, 7-6-2022)
(A) The city may, as a condition of approval of a subdivision, require mitigation of the effects of development on the ability of the city and/or other political subdivisions to deliver public services without compromising quality or imposing substantial additional costs to current residents. Developer shall be responsible for any and all costs associated with the development, including the costs of mitigation as set forth herein. As a complement thereto, the city may obligate the applicant to pay development impact fees which will be used by the city to mitigate such impacts. Any such development impact fees shall comply with Chapter 82, Title 67, Idaho Code (Idaho Development Impact Fee Act).
(B) The city council may, by resolution, adopt fees to recover the costs of professional services, administrative staff time and additional expenses necessitated by review, processing and inspection associated with subdivision application.
(C) Upon approval by the city council, subsequent review and approval of the final construction plans by the city's reviewing engineer which substantially conform to the subdivision and improvements plans approved by the city council, the applicant may proceed with construction of the subdivision. No construction of any kind shall take place on the site prior to those approvals. (Ord. 2020-5, 9-16-2020; amd. Ord. 2022-3, 7-6-2022)
(A) Prior to approval of the plan, any alterations of the plan must be approved by the city's reviewing engineer. After approval of the subdivision plan and before submission of a final subdivision plat, the city's reviewing engineer may, in writing, approve minor changes of the plan. If the amendment is major or involves a substantial change in the conditions of approval, the same procedures for a public hearing for subdivision plan approval must be followed to address the requested amendment.
1. Minor changes have minimal impact on either the scale or scope of the project or on the immediate neighborhood. Minor changes shall not include a decrease in open space or an increase in lots. Minor changes may be approved by the administrator; however, the administrator may refer any proposed changes to the commission for review.
2. Major changes may impact the scope or scale of the project or immediate neighborhood. Such changes may include increasing the number of lots, rearranging five or more lots, relocation of parking facilities, buildings, etc. The administrator shall schedule the revised plat for an additional public hearing with the commission to review, approve, or deny based on compliance with the relevant standards.
3. Any time an applicant proposes changes, submittal of all modified necessary plats and supporting documents may be required. (Ord. 2020-5, 9-16-2020; amd. Ord. 2022-3, 7-6-2022)
(A) Before recordation, the applicant shall install required improvements and repair any existing streets and other public facilities disturbed or damaged in the development of the subdivision, and execute and file with the city council an agreement between himself and the city, specifying the period within which required improvements and repairs shall be completed. The agreement shall also contain a provision that the applicant shall be responsible for the successful operation and all repair to the improvements for a two-year period following their installation. The agreement shall be accompanied by a surety bond, cash deposit, certified check, irrevocable letter of credit, or other form of security approved by the city's legal counsel, in the amount of one hundred fifty percent of the estimated cost of construction for the remaining improvements to be completed. In the event that the applicant does not timely complete the improvements, the city may proceed against the guarantee. If the cost of completion of the improvements exceeds the amount of the guarantee the city may recover the full cost and expenses thereof from the applicant. Failure to comply with improvements, deadlines or provisions of this chapter may result in a claim against the bond. For a phased subdivision, the required bonding shall be for the phase which is being developed.
(B) The two-year warranty shall be accompanied by a bond or some other security acceptable to the city in an amount equal to twenty-five percent (25%) of cost of the total improvements.
(C) No building permit will be issued for the construction of any building or structure located on a lot or plat subdivided or sold in violation of the provisions of these regulations or state platting statutes, nor shall the city have any obligation to issue any certificates of occupancy or to provide utility services to any parcel created or established in violation of these provisions. Furthermore, a claim against the bond may be made in order to redress violations.
(D) Any violation of the provisions of this chapter shall be deemed an infraction, punishable by a civil penalty not to exceed three hundred dollars per violation; with each day such violation continues constituting a separate offense. The city shall have recourse to such civil remedies in law and equity as may be necessary to ensure compliance with the provisions of these regulations, including the denial of permits to construct or establish a land use when subdivision requirements have not been met. (Ord. 2020-5, 9-16-2020; amd. Ord. 2022-3, 7-6-2022)
(A) Open space subdivisions shall be defined and governed as follows:
1. Moderate to steep slopes, particularly those adjoining water courses and ponds, where disturbance and resulting soil erosion and sedimentation could be detrimental to water quality.
2. Agricultural lands (including important farmland, lands historically used for irrigated and non-irrigated row crops, pasture and grazing lands, windbreak plantings or orchards).
3. Healthy woodlands (particularly those performing important ecological functions, such as soil stabilization and protection of streams, wetlands, and wildlife habitats).
4. Hedgerows, groups of trees, large individual trees standing alone.
5. Visually prominent topographic features such as knolls, hilltops and ridges, and scenic view sheds as seen from public roads, particularly those with historic features.
6. Aquifer recharge areas.
7. Areas with highly permeable (excessively drained) soils.
8. Significant wildlife habitat areas.
9. Sites or structures identified as having historic, archeological, or cultural features.
10. Existing trails connecting the tract to other locations around the city.
(C) Minimum Open Space. Although the resource lands listed as primary or secondary conservation areas may comprise more than the required area of open space, no applicant shall be required to designate more than twelve percent of open space required; however, other standards of this title or other statutes may further limit the development of the remaining land.
(D) Open Space-Ownership, Use, Protection and Long Term Maintenance. Applicants shall demonstrate compliance with the open space land ownership and maintenance standards of this title.
(E) Ownership. Open space may be owned and managed individually, jointly by an association, corporation or trust, a municipality, a recognized land trust or conservancy, or in combination of any of the above.
1. Condominium Association. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with relevant Idaho state law. All open space and common facilities shall be held as common elements.
2. Homeowner Association. Common facilities may be held in common ownership by a homeowner association, subject to all of the provisions for homeowner association set forth in state regulations and statutes. In addition, the following regulations shall be met:
(a) The applicant shall provide the city a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities.
(b) The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the project.
(F) Four-Step Site Planning Procedures for Open Space Subdivisions.
Four-Step Process. Each sketch plan shall follow a four-step design process described below. When the preliminary plat is submitted, applicants shall be prepared to demonstrate to the commission that these four design steps were followed by their site designers in determining the layout of their proposed roads, house lots, and open space lands. Applicants shall be prepared to submit four separate sketches overlay maps indicating the findings of each step of the design process, with respect to the features identified herein, if so, requested by the administrator.
1. Step One-Designing the Open Space. During the first step, all potential conservation areas (both primary and secondary as described above) are identified. Consider site characteristics of the parcel being subdivided as well as the surrounding land. Open space subdivision design should be considered from a broad perspective that balances visual impacts, impacts to agriculture, impacts to environmentally sensitive areas and impact to adjacent property owners to achieve the best possible relationship between development and open space areas.
(a) The minimum acreage of required open space land shall be submitted as part of the subdivision plan in accordance with this title. Open space land shall include all primary conservation areas up to the required minimum open space. Any remaining required open space land consists of secondary conservation areas-those parts of the remaining buildable lands with the highest resource significance.
(b) Proposed open space land shall be designated as a base map and complying with applicable sections of this title dealing with resource conservation and open space delineation standards. If the application proposes a zone change, the city's preferred land use map in the comprehensive plan shall also be referenced and considered. Primary conservation areas shall be delineated comprising floodplains, wetlands, and slopes over thirty-three percent (33%).
(c) In delineating secondary conservation areas, the applicant shall prioritize the natural and cultural resources on the tract in terms of their suitability for inclusion in the proposed open space, in consultation with the commission and in accordance with this title.
(d) On the basis of those priorities and practical considerations given to the project's configuration, its relation to resource areas on adjoining and neighboring properties, and the applicant's subdivision objectives, secondary conservation areas shall be delineated to meet at least the minimum area requirements for open space land and in a manner clearly indicating their boundaries as well as the types of resources included within them.
(e) Provide open space that is not divided into numerous small parcels located in various parts of the application. To the greatest extent practicable, this land shall be designed as a single block with logical, straightforward boundaries. Long thin strips of conservation land shall be avoided, unless the conservation feature is linear or unless such configuration is necessary to connect with other streams or trails. The open space shall generally abut existing or potential open space land on adjacent parcels (such as existing conservation easements, public parks, or public lands). Such subdivision open space shall be designed as part of larger contiguous and integrated open space systems.
(f) As these standards are implemented, the protected open spaces in each new subdivision should eventually adjoin each other, ultimately forming an interconnected network of primary and secondary conservation areas across the community. Connectivity between adjoining subdivisions is required. Maintaining historically existing public access to public lands or water resources is also required.
2. Step Two-Location of House Sites. During the second step, potential house sites are tentatively located. Because the proposed location of houses within each lot represents a significant decision, subdivision applicants shall identify tentative house sites on the preliminary plan and proposed house sites on the detailed final plan. The majority of home sites should abut undivided open space in order to provide direct views and access. Safe and convenient access to the open space from all lots not adjoining the open space shall be provided (except in the case of farmland, or other resource areas vulnerable to trampling damage or human disturbance).
(a) Potential house sites shall be located along the street network, at least twenty-five percent (25%) of which should be single-loaded, meaning that application shall occur on one side only along those segments.
(b) Unless otherwise specified in this title, dwelling units shall be set back at least one hundred feet (100 ft.) from primary conservation areas and at least ten feet (10 ft.) from secondary conservation areas. Setbacks from conservation areas take into consideration the potential negative impacts of residential application on such areas as well as the potential positive benefits of such locations to provide attractive views and visual settings for the residences.
(c) If development must be located in open fields or pastures because of greater constraints in all other parts of the site, dwellings should be sited on the least productive agricultural soils, or in locations that will facilitate the continued agricultural use of the open space, or in locations that can be visually buffered from existing public roads, such as planting a screen consisting of indigenous native trees, shrubs, and wildflowers. Create sufficient buffer areas to minimize conflicts between residential and agricultural uses.
(d) Minimize impacts on large woodlands especially those containing a significant wildlife habitat, or those not degraded by invasive weeds. Also, development of areas with native vegetation of any size on highly erodible soils with slopes greater than ten percent should be avoided.
(e) Establish buffer zones and leave scenic views and vistas unblocked or uninterrupted, particularly along public ways and scenic corridors of rural roads with historic buildings.
(f) Avoid siting new construction on prominent hilltops or ridges, by taking advantage of lower topographic features.
3. Step Three-Layout of Streets and Squares. The third step consists of aligning proposed streets to provide vehicular access to each house in the most reasonable and economical way. When lots and access streets are laid out, they shall be located in a way that avoids or minimizes adverse impacts to open space areas and adjacent lands. To the greatest extent practicable, wetland crossings shall be minimized.
(a) Identify the tentative locations of the more formal open space elements such as greens, commons, squares, and parks.
(b) Create a connected street network consistent with other street design standards in this title.
(c) Provide active recreational areas including an interconnected pedestrian circulation system in suitable locations that offer safe convenient access to residents and adequate screening from nearby house lots.
(d) Show schematic locations and types of storm water management, sanitary sewer, and water supply systems.
(e) Streets shall be designed to:
(1) Parallel and preserve existing tree lines, hedgerows, stone walls and watercourses.
(2) Minimize alteration of natural, cultural, or historic features.
(3) Minimize the acreage devoted to streets.
(4) Calm traffic speeds.
(5) Promote pedestrian movement.
(6) Secure the view to prominent natural vistas.
(7) Be aligned so that the "terminal vista" is of civic buildings or open space land, either manmade (greens, commons, squares, parks) or natural (such as, but not limited to, meadows, large specimen trees and woodlands).
(8) Minimize crossing of primary conservation areas.
(f) All streets, with the exception of loop streets and loop lanes, shall terminate at other streets within the project, and at least two streets shall provide connections to existing or proposed through-streets or collectors outside the project, wherever practicable and as required by this title.
(g) Loop lanes shall be designed with a central median running their entire length, bounded on each side by a one-way lane not less than fourteen feet in paved width. The median shall be at least thirty feet wide and shall be planted with shade trees along both sides at intervals not less than twenty-five feet.
4. Step Four-Lot Lines. The fourth step is simply to draw in the lot lines and, where applicable, the building envelopes.
5. Other Design Considerations. The configuration of open space land shall comply with the following standards:
(a) Except for civic and recreational spaces, such as squares and playing fields, open space land shall be free of all structures, excluding, however, historic buildings, stone walls, and structures related to open space land uses. The city may grant approval of structures and improvements required for storm drainage, sewage treatment, and water supply within the open space land, provided that such facilities are not detrimental to the open space. Acreage for such uses shall not be credited towards minimum open space unless the land is appropriate for passive recreational use.
(b) Except for formal greens, commons, squares, parks, playing fields, and trail corridors, open space land should not have a length-to-width ratio of less than 4:1, or be less than seventy-five feet in width.
(c) Open space land shall adjoin the largest practicable number of lots within the application. Non-adjoining lots shall be provided with safe and convenient pedestrian access to open space land.
(d) Open space land designated for active recreational uses shall not negatively impact adjacent dwelling units, parking, driveways, and roads.
(e) Open space land shall be interconnected wherever possible to provide a continuous network of such lands within and adjoining the city.
(f) Open space land shall provide buffers to adjoining parks, preserves, or other protected lands.
(g) Except in those cases where part of the open space is located on private house lots or agricultural use, open space land shall provide for pedestrian pathways for use by the residents of the subdivision. Consideration shall be given to providing for public access on such trails if they are linked to other publicly accessible pathway systems within the county. Provisions should be made for access to the open space land, as required for land management and emergency purposes.
(h) Open space land shall be undivided by public or private streets, except where necessary for proper traffic circulation.
(i) Open space land shall be suitably maintained either by retaining existing natural cover and wooded areas, continuing agricultural use and/or according to a landscaping plan to protect and enhance open space resources. (Ord. 2020-5, 9-16-2020; amd. Ord. 2022-3, 7-6-2022)