Terms or words used herein shall be interpreted as follows:
A. The present tense includes the past or future tense, the singular includes the plural and the plural includes the singular.
B. The word "shall" is mandatory; the word "may" is permissive; and the word "should" is preferred.
C. The masculine shall include the feminine.
As used in this title, the following words and terms shall have the meanings ascribed to them in this section:
ADMINISTRATOR: An official having knowledge in the principles and practices of subdividing, who is appointed by the city council to administer this title.
ALLEY: A minor street providing secondary access at the back or side of a property otherwise abutting a street.
ARTERIAL STREET: A street designated for the purpose of carrying fast and/or heavy traffic.
BLOCK: A group of lots, tracts, or parcels within well defined boundaries, usually streets.
BUILDING: A structure designed or used as the living quarters for one or more families, or a structure designed for use as an accessory to a structure used for living quarters, or a structure designed for commercial or industrial uses.
BUILDING SETBACK: An imaginary line established by a zoning ordinance that requires all buildings to be set back a certain distance from lot lines.
BUILDING SITE: An area proposed or provided and improved by grading, filling, excavation or other means for erecting pads for buildings and bounded on at least one side by a dedicated and developed street.
CEMETERY: A lot that has been platted for the selling of sites for the burial of animal or human remains.
CITY: City of Troy, Idaho.
CITY COUNCIL: The city council of Troy, Idaho.
COLLECTOR STREET: A street designated for the purpose of carrying traffic from minor streets to other collector streets and/or arterial streets.
COMPREHENSIVE PLAN: An adopted document that herein may be referred to as a comprehensive plan or comprehensive development plan as provided for in Idaho Code title 67, chapter 65.
CONDOMINIUM: An estate consisting of an undivided interest in common in real property, in an interest or interests in real property, or in any combination thereof; together with a separate interest in real property, in an interest or interests in real property, or in any combination thereof.
COUNTY RECORDER: The office of the Latah County recorder.
COVENANT: A written promise or pledge.
CUL-DE-SAC: A street connected to another street at one end only and provided with a turnaround space at its terminus.
CULVERT: A drain that channels water under a bridge, street, road or driveway.
DEAD END STREET: A street connecting to another street at one end only and not having provision for vehicular turnaround at its terminus.
DEDICATION: The setting apart of land or interests in land for use by the public by ordinance, resolution or entry in the official minutes as by the recording of a plat. Dedicated land becomes public upon the acceptance by the city.
DEVELOPER: Authorized agent of a subdivider or the subdivider himself.
DWELLING UNIT: Any building or other structure proposed or built for occupancy by people.
EASEMENT: A grant by a property owner to specific persons or to the public to use land for specific purposes. Also, a right acquired by prescription.
ENGINEER: Any person who is registered in the state of Idaho to practice civil engineering.
EXCAVATION: Any digging, breaching or disruption of vegetation, soil or other protective barriers which is likely to expose soil and/or contaminants to the environment.
FLOODPLAIN: The relatively flat area or lowland adjoining the channel of a river, stream, lake or other body of water which has been or may be covered by water of a flood of 100-year frequency. The floodplain includes the channel, floodway or floodway fringe, as established pursuant to engineering practices of the U.S. army corps of engineers, as follows:
Channel: A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
Flood: The temporary inundation of land adjacent to and inundated by overflow from a river, stream, lake or other body of water.
Flood, 100-Year Frequency: A flood magnitude which has a one percent (1%) chance of being equaled or exceeded in any given year.
Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1').
Floodway Fringe: That part of the floodplain which is beyond the floodway. Such areas include those portions of the floodplain which will be inundated by flood of 100-year frequency.
FRONTAGE STREET: A minor street, parallel to and/or adjacent to an arterial street, to provide access to abutting properties.
GOVERNING BODY: The city council of the city of Troy, Idaho.
HIGHWAY: A street designated as a highway by an appropriate state or federal agency.
HILLSIDE SUBDIVISION: Any subdivision, or portion thereof, having an average slope not to exceed fifteen percent (15%).
IMPROVEMENT: Any alteration to the land or other physical construction associated with subdivision and building site development.
LARGE SCALE DEVELOPMENT: A subdivision, the size of which consists of fifty (50) or more lots or dwellings.
LOOP STREET: A minor street in which both terminal points are on the same street of origin.
LOT: A parcel, plot, tract or other land area of suitable size as required in these regulations and any existing zoning ordinance; and created by subdivision for sale, transfer or lease.
LOT AREA: The area of any lot shall be determined exclusive of street, highway, alley, road or rights of way of record.
LOT DIVISION: A division of an existing parcel of land which creates one additional building lot in conformance with standards contained in this title.
LOT TYPES: As used in these regulations, lot types are as follows:
Corner Lot: A lot located at the intersection of two (2) or more streets.
Flag Pole Lot: A lot divided to create separate lots, which must have an access road at least twenty feet (20') wide to a street.
Interior Lot: A lot other than a corner lot with frontage on only one street other than a corner lot.
Through Lot: A lot with frontage on more than one street other than a corner lot.
MAJOR SUBDIVISION: Any subdivision not able to qualify as a minor subdivision, including, but not limited to, a subdivision of more than four (4) lots, or any size subdivisions requiring any new street or extension of the local government facilities, or the creation of any public improvements.
MANUFACTURED HOME: A single-family dwelling unit of at least one thousand (1,000) square feet in size with all of the following characteristics:
A. Designed for long term occupancy, certified by the U.S. department of housing and urban development (HUD) and containing complete bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems;
B. Designed to be transported after fabrication according to manufacturer's specifications and all regulating agencies; and
C. Delivered to the site where it is to be occupied as a complete dwelling unit and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on foundation, connection to utilities and the like.
MINOR STREET: A street which has the primary purpose of providing access to abutting properties.
MINOR SUBDIVISION: Any subdivision containing not more than four (4) lots fronting on an existing street; not involving any new street or road, or the extension of municipal city facilities, or the creation of any public improvements; and not adversely affecting the remainder of the parcel or adjoining property; and not in conflict with any provision or portion of any city comprehensive plan, zoning ordinance, or this title.
MOBILE HOME: A detached single-family unit fabricated prior to 1976 with all of the following characteristics:
A. Designed for long term occupancy, containing sleeping accommodations, a flush toilet, a tub or shower, bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems;
B. Designed to be transported after fabrication on its own wheels, or on flatbed or other trailers, or detached wheels according to requirements of all regulating agencies; and
C. Delivered to the site where it is to be occupied as a complete dwelling unit, including major appliances and furniture, and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on foundation supports, and connection to utilities and the like.
MOBILE HOME SUBDIVISION: A subdivision designed and intended for exclusive mobile home residential use.
MONUMENT: Any permanent marker either of concrete, galvanized iron pipe or iron or steel rods, used to identify any tract, parcel, lot or street lines, as specified in Idaho Code section 50-1303.
OPEN SPACE: An area open to the sky for outdoor recreation activity or kept open for aesthetic purposes, exclusive of streets, buildings or other covered structures.
ORIGINAL PARCEL: An original lot or tract as recorded on any plat of record on file in the office of the county recorder, or any unplatted contiguous parcel of land held in one ownership as of the date of adoption hereof.
OWNER: An individual, firm, association, syndicate, partnership or corporation having any interest, legal or equitable, in the land to be subdivided.
PARTIAL RIGHT OF WAY: A dedicated right of way providing only a portion of the required street width, usually along the edge of a subdivision or tract of land.
PERFORMANCE BOND: An amount of money, bond or other negotiable security, paid by the subdivider/developer or his surety to the city clerk, which guarantees that the subdivider will perform all actions required by the governing body regarding an approved plat, and provides that if the subdivider defaults and fails to comply with the provisions of an approved plat, the subdivider or his surety will pay damages up to the limit of the bond, or the surety will itself complete the requirements of the approved plat. No building permit shall be issued for a new subdivision until a bond is secured and approved by the city council.
PLANNED UNIT DEVELOPMENT (PUD): A development that has one or more of the following characteristics:
A. Is designed as a combination of residential, commercial and industrial uses on one or more parcels; or
B. Has both open space and clustered higher density use on parts of the parcel; and
C. Is either developed as a project which will operate under single ownership or control, or is developed for the purpose of selling individual lots or estates which will be sold; and
D. Lots may utilize either dedicated streets or, at the discretion of the city council, private streets.
PLAT: The drawing, mapping or planning of a subdivision, cemetery, town site or other tract of land or a replatting of such, including certifications, descriptions and approvals, including the following:
Final Plat: The final and formal presentation by drawing of an approved subdivision development, the original and one copy of which is filed with the county clerk and recorder and containing the elements and requirements set forth in Idaho Code title 50, chapter 13 and in this title.
Preliminary Plat: The first formal presentation by drawings of a proposed subdivision.
Replat: A change of a recorded subdivision if such change affects any road, lane or street layout shown on such plat map, any area reserved thereon for public use, any change of a lot line, any change of dedicatory statements or any such change if it affects any plat or subdivision legally recorded.
PRIVATE STREET: A street that is not accepted for public use or maintenance which provides vehicular and pedestrian access and utility easements.
RESERVE STRIP: A strip of land between a partial street and adjacent property which is reserved or held in public ownership for future street extension or widening, or for public utilities.
RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way which normally includes streets, sidewalks and other public utilities or service areas.
STANDARD SPECIFICATIONS: The standards as specified in this title, or as officially adopted by the city, including, but not limited to, the uniform building code, national electrical code, uniform plumbing code, uniform mechanical code, uniform housing code and national fire safety code. Any exceptions to these codes are listed in title 2 of this code.
STATE: The state of Idaho.
STREET: A right of way which provides access to adjacent properties, the dedication of which has been officially accepted. The term "street" also includes the terms highway, thoroughfare, parkway, road, avenue, boulevard, lane, place and other such terms.
SUBDIVIDER: The individual, firm, corporation, partnership, association, syndicate, trust or other legal entity that executes the application and initiates proceedings for the subdivision of land in accordance with the provisions of this title. The subdivider need not be the owner of the property; however, he shall be the agent of the owner or have sufficient proprietary rights in the property to represent the owner.
SUBDIVISION: The result of an act of dividing an original lot, tract or parcel of land into more than two (2) parts for the purpose of transfer of ownership or development, which shall also include the dedications of a public street and the addition to, or creation of, a cemetery. Subdivisions shall be divided into minor subdivisions, major subdivisions and large scale developments, as those terms are defined in this section. However, this definition shall not apply to any of the following:
A. An adjustment of lot lines as shown on a recorded plat which does not reduce the area, frontage, width, depth of building setback lines of each building site below the minimum zoning requirements, and does not change the original number of lots in any block of the recorded plat;
B. An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property;
C. The unwilling sale of land as a result of legal condemnation as defined and allowed in the Idaho Code;
D. Widening of existing streets to conform to the comprehensive plan;
E. Acquisition of street rights of way by a public agency in conformance with the comprehensive plan; and
F. The exchange of land for the purpose of straightening property boundaries which does not result in the change of present land usage.
SURVEYOR: Any person who is licensed in the state of Idaho as a professional land surveyor to do surveying.
UTILITIES: Installations for conducting water, sewage, gas, electricity, television, telephone, stormwater and similar facilities providing service to and used by the public.
VARIANCE: A modification of the requirements of this title as to lot size; lot coverage; width; depth; front yard, side yard or rear yard setbacks; parking space; height of buildings; or other ordinance provisions affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots.
VICINITY MAP: A small scale map showing the location of a tract of land in relation to a larger area. (Ord. 98-4, 10-12-1998; amd. Ord. 2003-04, 10-27-2003)