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Public sites and open spaces shall conform to the following.
(A) Public uses. Where a proposed park, playground, school or other public use shown on the Comprehensive Plan is located in whole or part within a subdivision, a suitable area for this purpose shall be dedicated to the public or reserved for public purchase. If, within two years of plat recording, the purchase is not agreed on, the reservation shall be canceled or shall automatically cease to exist.
(B) Natural features. Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourse, historic spots and similar irreplaceable assets) shall be preserved, insofar as possible, in the design of the subdivision.
(Ord. passed 9-11-1995) Penalty, see § 152.99
(A) Purpose. It is the purpose of this section to establish and define the public improvements which will be required to be constructed by the subdivider as conditions for final plat approval and also to outline the procedures and responsibilities of the subdivider and the various public officials and agencies concerned with the administration, planning design, construction and financing of public facilities and to further establish procedures for assuring compliance with these requirements.
(B) Responsibility for plans. It shall be the responsibility of the subdivider of every proposed subdivision to have prepared by a registered engineer, a complete set of construction plans, including profiles, cross-sections, specifications and other supporting data, for all required public streets, utilities and other facilities. Such construction plans shall be based on preliminary plans which have been approved with the preliminary plat, and shall be prepared in conjunction with the final plat. Construction plans are subject to approval by the city or Building Inspector and other responsible public agencies. All construction plans shall be prepared in accordance with the public agencies’ standards or specification.
(C) Required public improvements. Every subdivider shall be required to install the following public and other improvements in accordance with the conditions and specifications as follows.
(1) Monuments. Monuments shall be set in accordance with Idaho Code § 50-1313.
(2) Street and alleys. All streets and alleys shall be constructed in accordance with the standards and specifications adopted by the Council.
(3) Drainage. An adequate storm drainage system may be required in all subdivisions. The requirements for each particular subdivision shall be established by the Council and the appropriate construction shall follow the specifications and procedures established for such facility designed to retain or detain storm water.
(4) Installation of public utilities. Underground utilities are recommended and may be required by the Council in areas where overhead facilities would not be compatible with the surrounding properties.
(5) Driveways. All driveway openings shall be as specified by the city, highway district or state’s Highway Department.
(6) Water supply system and sewer service (when available). When a proposed subdivision is to be serviced by a public water supply system (or sewer system, when available), fire hydrants and other required water system appurtenances shall be provided by the subdivider.
(7) Private improvements and public utilities. It shall be the responsibility of the subdivider to arrange and provide for the development, installation, construction or other improvement of private facilities and public utilities for and within the subdivision in accordance with applicable standards and requirements.
(8) Construction of public works.
(a) The scope of this section is to define the respective areas of responsibility of the subdivider and the city relative to the installation, construction or other improvements of public works en route to and within the boundaries of a subdivision.
(b) In certain instances, the city may require formal written agreements with the subdivider that more fully and specifically describe their respective obligations and responsibilities.
(c) It shall be the responsibility of the subdivider to complete, at his or her sole expense, all the development and construction of public works for and within his or her subdivision, except as specifically provided otherwise to be the obligation and responsibility of the city, or as may be accepted by the city as being within the spirit and intent of its responsibilities.
(d) The subdivider shall complete the installation or construction of all the different phases of public works for which he or she is responsible before the city will accept any of them. This requirement may be satisfied by completion of a stage is a staged development is called for in the approved development plan.
(9) Guarantee of completion. Until the public works for which the subdivider is responsible are completed, or an acceptable stage of the development is completed, the city will issue no building permits for private construction therein, unless a satisfactory performance bond or other suitable guarantee of performance acceptable to the city is provided by the subdivider.
(10) Evidence of completion.
(a) The subdivider shall notify the city in writing when the public works for which he or she is responsible have been completed.
(b) The city shall also certify in writing, a copy of which shall be sent to the subdivider, that the said public works have been inspected by its authorized representative, and that the said public works have been completed in accordance with applicable standards and specifications. As built, construction plans shall be submitted to the city on completion, if required.
(c) Compliance with the foregoing provisions shall constitute the city’s acceptance of the public works. The city shall thereby accept said public works and be responsible for their operation and maintenance in accordance with city policies.
(11) Streets. The subdivider shall perform, install, construct or otherwise complete, at his or her sole expense, the following items relative to street improvements for and within the boundaries of the subdivision.
(a) The city shall perform, install, construct or otherwise complete, at its sole expense, installation of traffic control signs and signals and street name signs relative to street improvements within the boundaries of the subdivision.
(b) The city shall also improve to the extent it deems suitable, subject to budgetary limitation, such existing right-of-way it considers necessary to provide adequate access to the subdivision.
(12) Water distribution system. The subdivider shall be responsible for the installation of a culinary water distribution system for and within the boundaries of the subdivision on public right- of-way. The subdivider shall perform, install, construct or otherwise complete at his sole expense the following items relative to a culinary water distribution system:
(a) Preparation of plans and specifications for the construction of the water distribution system, including any required extensions from the existing system, and the approval of said plans and specifications by the state’s Department of Health and Welfare. Construction surveys of line and grade within the subdivision;
(b) Installation of the water distribution system for and within the subdivision, including water lines, control valves, fire hydrants and appurtenant facilities;
(c) If water mains are located in a dedicated street or alley, installation of a water service line to the property lines of each lot; and
(d) Inspection of construction to assure compliance with the plans, specifications and applicable standards. Connections to the water mains shall be in accordance with existing procedures and policies of the city; and the subdivider shall be liable for the payment of water assessment and hookup charges as provided by city ordinances.
(13) Reimbursement for oversizing. In the event the city requires the subdivider to install oversized pipe lines or other excess facilities to make provisions for present or future service needs in excess of the requirements for the subdivision, the city shall reimburse the subdivider for the additional costs of material and installation resulting therefrom.
(14) Building line setback.
(a) In all new subdivisions, the building line setback shall be a minimum of 25 feet from the property line.
(b) In the event that a new subdivision is located along a street with existing residences, the setback line shall be not less than other structures along the street and preferable should be set back as an average of the existing structures.
(15) Side and rear lot clearance.
(a) In all new subdivisions no building of any nature shall be placed or constructed nearer than 15 feet from the side or rear property line.
(b) Where utility rights-of-way of other easements are provided along property lines and lot lines, no structure of any nature shall be permitted in such rights-of-way or easements, except for the purpose for which they are provided.
(Ord. passed 9-11-1995) Penalty, see § 152.99
SPECIAL DEVELOPMENT SUBDIVISIONS
The purpose of this subchapter is to identify the various types of special developments that normally pose special concerns to the Council and elected officials when reviewing and acting upon subdivision requests. Therefore, this subchapter outlines the general plan submittal requirements and design standards that shall be taken into consideration when acting on special developments. The provisions of this subchapter are in addition to the plan requirements and design standards that are required by §§ 152.25 through 152.28 and 152.40 through 152.50 of this chapter. The required information shall be submitted to the Council with the preliminary plat.
(Ord. passed 9-11-1995)
(A) Flood areas.
(1) For any proposed subdivision that is located within or partially within a floodplain, the developer shall provide the Council with a development plan of adequate scale and supporting documentation that will show and explain at least the following:
(a) Location of all planned improvements;
(b) The location of the floodway and the floodway fringe per engineering practices as specified by the Federal Emergency Management Agency (FEMA);
(c) The location of the present water channel;
(d) Any planned rerouting or waterways;
(e) All major drainage ways;
(f) Areas of frequent flooding;
(g) Means of flood-proofing buildings; and
(h) Means of insuring loans for improvements within the floodplain.
(2) New construction and substantial improvements of residential structures within the floodplain shall have the lowest floor (including basement) elevated to or above the level of the 100-year flood; and, for new construction or substantial improvements of non-residential structures, the lowest floor (including basement) shall be elevated to or above the level of the 100-year flood, or together with attendant utility and sanitary facilities, shall be flood-proofed up to the level of the 100-year flood.
(B) Justification for development.
(1) Upon the determination that buildings are planned within the floodplain or that alterations of any kind are anticipated within the floodplain area that will alter the flow of water, the developer shall demonstrate conclusively to the Council that such development will not present a hazard to life, limb or property; will not have adverse effects on the safety, use or stability of a public way or drainage channel or the natural environment.
(2) No subdivision or part thereof shall be approved if levees, fills, structures or other features within the proposed subdivision will individually or collectively significantly increase flood flows, heights or damages. If any part of a proposed subdivision can be safely developed, the Council shall limit development to that part and shall require that development proceed consistent with that determination.
(3) Subdivisions shall be reviewed to assure that:
(a) All such proposals are consistent with the need to minimize flood damage;
(b) All public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damages; and
(c) Adequate drainage is provided so as to reduce exposure to flood hazards.
(4) New or replacement water supply systems and/or sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.
(Ord. passed 9-11-1995)
(A) General. Hazardous or unique areas may be designated as an area of critical concern by the Council or by the state. Special consideration shall be given to any proposed development within an area of critical concern to assure that the development is necessary and desirable and in the public interest in view of the existing unique conditions. Hazardous or unique areas that may be designated as areas of critical concern are as follows:
(1) Sanitary landfills, dumps;
(2) Earthquake locations;
(3) Unstable soils;
(4) Unique animal life;
(5) Unique plant life;
(6) Scenic areas;
(7) Historical significance;
(8) Floodplain; and
(9) Other areas of critical concern.
(B) Plan submission. The developer shall prepare and submit an environmental assessment along with the preliminary plat application for any development that is proposed within an area of critical concern.
(C) Content of environmental assessment. The content of the environmental assessment shall usually be prepared by an interdisciplinary team of professionals that shall provide answers to the following questions:
(1) What changes will occur to the area of environmental concern as a result of the proposed development?
(2) What corrective action or alternative development plans could occur so as not to significantly change the area of environmental concern?
(3) What changes in the area of environmental concern are unavoidable?
(4) What beneficial or detrimental effect would the development have on the environment such as animal life, plant life, social concerns, economic, cultural resources, noise, visual, hazardous waste and others?
(Ord. passed 9-11-1995)
Violation of any of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor. Each day such violation continues shall be considered as a separate offense. The land owner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the Council or any other public official or private citizen form taking such lawful action as is necessary to restrain or prevent any violation of this chapter or of state law.
(Ord. passed 9-11-1995)