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Ada County Unincorporated
City Zoning Code

CHAPTER 6

SUBDIVISION REGULATIONS

8-6-1: PURPOSE:

The purpose of this chapter is to provide uniform standards for the subdivision of property, to protect property, and to protect the health, safety, and general welfare of the people of Ada County. (Ord. 389, 6-14-2000; amd. Ord. 699, 6-18-2008)

8-6-2: APPLICABILITY:

   A.   Subdivision In Unincorporated Areas: This chapter shall apply to the subdivision of all property within the unincorporated area of Ada County except as may be modified by title 9 of this code.
   B.   Unlawful:
      1.   It shall be unlawful to make a subdivision of property until the requirements of this chapter are satisfied.
      2.   No plat or any instrument passing title to any portion of a plat shall be offered for recording unless approved in accord with the regulations of this title.
      3.   No building permit shall be issued on any property being considered in the subdivision process until: a) the final plat has been recorded, b) assessor's parcel numbers have been assigned, and c) all required public improvements have been constructed and approved by the appropriate authority or a surety agreement and a performance bond have been submitted to and approved by the director.
      4.   It shall be unlawful to reduce a property containing an approved distributed power facility, wind freestanding tower below the forty (40) acre minimum property size as of the effective date hereof; provided further, none of the exceptions listed in subsection C of this section are applicable to such properties, excepting a "property reduced by governmental action" in accord with section 8-4A-19 of this title.
   C.   Exceptions: The following divisions of property shall not constitute a subdivision:
      1.   A "property boundary adjustment" in accord with chapter 4, article C of this title and as defined in section 8-1A-1 of this title.
      2.   An approved onetime division in accord with chapter 4, article B of this title.
      3.   The division of property as a result of condemnation, as defined and allowed in the Idaho Code.
      4.   The expansion or acquisition of street rights of way by a public highway agency.
      5.   An approved farm development right in accord with the regulations of section 8-2A-5 of this title.
      6.   Abutting parcels that qualify as an exception to the contiguous parcel regulation as set forth in section 8-4A-8 of this title.
      7.   A "property reduced by governmental action" in accord with section 8-4A-19 of this title. (Ord. 389, 6-14-2000; amd. Ord. 490, 4-9-2003; amd. Ord. 699, 6-18-2008; amd. Ord. 768, 1-12-2011; amd. Ord. 772, 7-27-2011)

8-6-3: PROCESS:

   A.   Reserved.
   B.   Neighborhood Meeting: The applicant or owner shall conduct a neighborhood meeting according to the regulations outlined in section 8-7A-3 of this title prior to submission of an application for a sketch plat or preliminary plat.
   C.   Application And Fees: All applications and fees, as set forth in chapter 7, article A of this title, shall be submitted to the director on forms provided by the development services department.
      1.   A digital format of the plat may be required by the county surveyor.
      2.   Sketch and preliminary plats shall concurrently submit a natural features analysis as set forth in subsection D of this section. A natural features analysis is not required if the entire subject property already had one completed from a previous approved preliminary plat.
      3.   Codes, covenants, and restrictions, if applicable, shall be submitted concurrent with a sketch or preliminary plat application.
      4.   The sketch plat or preliminary plat application for subdivisions in an overlay district shall contain any additional reports or materials required by chapter 3 of this title.
      5.   If an applicant or owner intends to complete the final platting of the subdivision in phases, the proposed phasing shall be submitted with the application.
      6.   If an irrigation right exists to the property, the applicant shall submit an irrigation plan that is consistent with Idaho Code section 31-3805.
      7.   The applicant shall concurrently submit an application for and obtain approval of a master site plan subject to the regulations of chapter 4, article E of this title for multi-family, commercial, or industrial subdivisions that utilize a continuous service drive.
   D.   Natural Features Analysis: The following features shall be mapped, described, or noted as not applicable in the natural features analysis:
      1.   Hydrology: Analysis of natural drainage patterns and water resources including an analysis of streams, natural drainage swales, ponds or lakes, wetlands, floodplain areas or other areas subject to flooding, poorly drained areas, permanent high groundwater areas, and seasonal high groundwater areas throughout the site.
      2.   Soils: Analysis of types of soils present in the site area including delineation of prime agricultural soil areas, aquifer recharge soil areas, unstable soils most susceptible to erosion, and soils suitable for development. The analysis of soils shall be based on the Ada County soils survey (United States department of agriculture, natural resources conservation service).
      3.   Topography: Analysis of the site's terrain including mapping of elevations and delineation of slope areas greater than twenty five percent (25%), between fifteen percent (15%) and twenty five percent (25%), between eight percent (8%) and fifteen percent (15%), and less than eight percent (8%). Contour lines based on USGS datum of 1988 with intervals of not more than five feet (5') for properties with a general slope of greater than five percent (5%), or intervals of not more than two feet (2') for properties with a general slope of less than or equal to five percent (5%). Contour lines shall extend a minimum of three hundred feet (300') beyond the proposed development boundary. If a drainage channel borders the proposed development, the contour lines shall extend the additional distance necessary to include the entire drainage facility.
      4.   Vegetation: Analysis of existing vegetation of the site including, but not limited to, dominant tree, plant, and ground cover species.
      5.   Sensitive Plant And Wildlife Species: Analysis of sensitive plant and wildlife species of the site including, but not limited to, those species listed in the Idaho conservation data center (state of Idaho department of fish and game).
      6.   Historic Resources: Analysis of existing historic resources as identified on the Ada County historic resources inventory.
      7.   Hazardous Areas: Location and identification of all potential hazardous areas including, but not limited to, land that is unsuitable for development because of flood threat, poorly drained areas, high groundwater, steep slopes, rock formation, buried pipelines, or other similar conditions likely to be encountered.
      8.   Impact On Natural Features: The applicant shall provide a written statement explaining how the design of the plat protects or mitigates impacts on the natural features of the site.
      9.   Map Features: The map shall show important features, including, but not limited to, the following: outline of existing structures, watercourses, wetlands, power lines, telephone lines, railroad lines, airport influence areas, any existing easements, municipal boundaries, and section lines.
      10.   Other Supplemental Data: Other supplemental data may be required by the county engineer including, but not limited to, the following:
         a.   Approximate location of any areas of fill.
         b.   The elevations of all corner points on the boundaries of the proposed plat.
   E.   Proposed Plat: The commission and board shall apply the design standards listed in article A of this chapter, the required improvements listed in article B of this chapter, and the findings listed in section 8-6-5 of this chapter to review the proposed plat.
      1.   For sketch plats, the commission shall be the decision making body. The commission's decision on the sketch plat shall be nonbinding on the applicant and the county.
      2.   For preliminary plats, the commission shall forward a recommendation to the board as set forth in section 8-7-2 of this title.
   F.   Approved Preliminary Plat: If approved by the board, the preliminary plat for a phased subdivision shall include an approval period in which all final plats must be completed.
   G.   Preliminary Plat Final Decision: A decision of the board on a preliminary plat shall be final as to all matters set forth in said preliminary plat. This decision may be appealed under the regulations of section 8-7-7 of this title.
   H.   Final Plat Approval: Following board approval of a preliminary plat, the owner may cause the subdivision, or any phase thereof, to be surveyed and a final plat prepared. The owner shall submit a final plat within twenty four (24) months of the board's approval of the preliminary plat.
   I.   Recording Final Plat: The owner shall record a final plat and any proposed covenants with the Ada County recorder within one year after the board signs such final plat, otherwise, the approval shall become null and void. For phased subdivisions, the board may approve final plats for the phases of the subdivision in successive one year intervals.
   J.   Time Extension: The applicant or owner may apply for a time extension, as set forth in section 8-7-6 of this title, if needed to extend the time allowed to approve the final plat or phase of a final plat, if applicable.
   K.   Platted Lot: Any lot created through an approved subdivision application and duly recorded plat shall thereafter be considered a platted lot.
   L.   Planned Community Preliminary Plat:
      1.   Accord With Comprehensive Plan: Despite any other regulations to the contrary, each preliminary plat within a planned community shall be in accordance with the approved planned community comprehensive plan and the applicable planned community overlay district.
      2.   Time Of Submission: A preliminary plat must be submitted to the director no later than two (2) years from the date the planned community implementation plan is approved.
      3.   Additional Application Requirements: In addition to other requirements in this chapter, the following information shall be submitted with every preliminary plat application in a PC base district, and shall be specific to the area that the preliminary plat encompasses:
         a.   Land Use: A color keyed land use designation sheet.
         b.   Landscape: A landscape plan in compliance with the applicable overlay district.
         c.   Urban Public Services: A written description of the urban public services provided and how they comply with the urban public services standards set forth in chapter 8 of this title.
         d.   Open Space: A written description of the types and sizes of developed and natural open space, including a detailed description of the ownership, operation, and maintenance structure.
         e.   Community Center: A written description of the community meeting centers and/or recreation centers, if applicable.
         f.   Water Supply: A demonstration that existing and/or proposed water rights are available within the entire boundary of the planned community as identified on the official zoning map by supplying the following, as applicable:
            (1)   For an existing or new private water company or water district or water from a private source:
               (A)   A letter indicating that the planned community is serviceable by said entity in accordance with the existing rules and regulations as filed with the Idaho public utilities commission (IPUC) as applicable, or a letter indicating that the planned community is serviceable after obtaining approval from the IPUC, including a copy of the application filed with the IPUC as applicable;
               (B)   A letter from the Idaho department of water resources (IDWR) indicating that existing water rights, proposed changes to existing water rights, and/or proposed new water rights are currently sufficient for the proposed planned community or will be sufficient after obtaining approval from the IDWR. A copy of the water rights documents and/or applications therefore filed with IDWR shall be included with the application for preliminary plat; and
            (2)   A description of how the landscaping within the boundaries of the planned community will be irrigated, which shall include the source(s) of the irrigation water and verification from IDWR that the existing and/or proposed irrigation water rights are currently sufficient, or will be sufficient after obtaining approval from IDWR. Copies of such water rights documents or applications, therefore, shall be included with the preliminary plat application.
         g.   Urban Public Services Construction: A demonstration that sufficient assets and funds are available to construct necessary urban public facilities required to meet urban public service standards in chapter 8 of this title, if applicable, as shown in the implementation plan, including, but not limited to:
            (1)   If the preliminary plat is being processed concurrently with the implementation plan then the following information shall be submitted:
               (A)   To the extent privately financed, a written verification of adequate owner and partner equity assets in possession required to secure planned financing as set forth in the cash flow pro forma, including, but not limited to, cash reserves, land, and other assets meeting standard lending criteria of established lenders; and
               (B)   To the extent financed with public resources, a written verification of adequate owner and partner equity assets in possession required to secure tax exempt public funds and/or bonds identified as financing tools in the cash flow pro forma, including, but not limited to, cash reserves, land, and other assets meeting standard lending criteria of established public lending entities; or
            (2)   If the preliminary plat application is not being processed concurrently with the implementation plan, then the following material shall be submitted:
               (A)   An updated cash flow pro forma consistent with implementation plan financing plan requirements and reflecting changes in market, economic, and/or financial changes since the planned community implementation plan approval;
               (B)   To the extent privately financed, a written verification of adequate owner and partner equity assets in possession required to secure planned financing as set forth in the updated cash flow pro forma, including, but not limited to, cash reserves, land, and other assets meeting standard lending criteria of established lenders; and
               (C)   To the extent financed with public resources, a written verification of adequate owner and partner equity assets in possession required to secure tax exempt public funds and/or bonds identified as financing tools in the updated cash flow pro forma, including, but not limited to, cash reserves, land, and other assets meeting standard lending criteria of established public lending entities; or
            (3)   If urban public facilities will be constructed and owned by a municipality or a regulated public utility, then a certificate of service from the municipality or regulated public utility shall be a prima facie demonstration that sufficient assets and funds are available to construct the relevant urban public facilities required to meet urban public service standards in chapter 8 of this title, if applicable, as shown in the planned community implementation plan; or
            (4)   If urban public facilities will be constructed and owned by a taxing district, then compliance with the following requirements shall be a prima facie demonstration that sufficient assets and funds are available to construct the relevant urban public facilities required to meet urban public service standards in chapter 8 of this title as shown in the planned community implementation plan:
               (A)   The area encompassed by the planned community must be included within the district boundaries;
               (B)   The urban public facility must be a programmed urban public facility; and
               (C)   The district must provide a certificate of service for the relevant area.
         h.   Urban Public Services Operation And Maintenance: A demonstration that sufficient funds will be provided and set aside for funding the operation and maintenance costs of urban public services (including capital renewal and replacement costs) as specified in the implementation plan, including, but not limited to:
            (1)   If the preliminary plat application is being processed concurrently with the implementation plan then the following information shall be submitted:
               (A)   A written description of the amounts needed to be placed in reserve accounts for operations and maintenance reserves and verification of the dedicated source of owner and/or partner assets sufficient for reserves establishment. The amounts needed to be placed in reserves may take into account the transition plan, the availability of other financial assurances, the availability of sources of funding identified in the pro forma or some combination of the above;
               (B)   A written assessment of the current valuation of unimproved, unencumbered landholdings or other assets in hand that can or may be utilized as collateral to secure funding separately for operations and maintenance as identified in the cash flow pro forma; and
               (C)   If facilities operation will be contracted to an independent service provider, a written identification of potential operator(s) and a description of and verification of operator(s) qualifications and financial standing; or
            (2)   If the preliminary plat application is not being processed concurrently with the implementation plan then the following material shall be submitted:
               (A)   An updated cash flow pro forma consistent with the planned community implementation plan financing plan requirements and reflecting changes in market, economic, and/or financial changes since the planned community implementation plan approval and the following material;
               (B)   A written description of the amounts needed to be placed in reserve accounts for operations and maintenance reserves and verification of the dedicated source of owner and/or partner assets sufficient for reserves establishment; the amounts to be placed in reserve may take into account the transition plan, the availability of other assets and financial assurances, the availability of sources of funding identified in the pro forma or a combination thereof;
               (C)   A written assessment of the current valuation of unimproved, unencumbered landholdings or other assets in hand that can or may be utilized as collateral to secure funding separately for operations and maintenance as identified in the updated cash flow pro forma; and
               (D)   If facilities' operation will be contracted to an independent service provider, a written identification of potential operator(s) and a description of and verification of operator(s) qualifications and financial standing; or
            (3)   If urban public services will be provided by a municipality or regulated public utility, then a certificate of service from the municipality or regulated public utility shall be a prima facie demonstration that sufficient assets and funds are available to provide the relevant urban public service, and to operate and maintain the relevant urban public facilities required to meet urban public service standards, for the service being provided by the municipality or regulated public utility, in chapter 8 of this title as shown in the planned community implementation plan; or
            (4)   If urban public services will be provided by a taxing district, then compliance with the following three (3) requirements shall be a prima facie demonstration that sufficient assets and funds are available to provide the urban public service and to operate and maintain the relevant urban public facilities required to meet urban public service standards, for the service being provided by the taxing district as shown in the planned community implementation plan:
               (A)   The area encompassed by the planned community must be included within the district boundaries;
               (B)   The urban public service must be a programmed urban public service; and
               (C)   The district must provide a certificate of service for the relevant area.
         i.   Transportation: The previously approved traffic impact study shall be updated with each preliminary plat based upon the best available data and shall be submitted to ITD and ACHD thirty (30) days prior to submission of the preliminary plat to the director. An updated comprehensive transportation demand management program may be required.
      4.   Financing Verification Application: Prior to grading, filling, clearing, excavation or construction of any kind associated with an approved preliminary plat, including that required for infrastructure improvements, an application for financing verification shall be approved by the director as follows:
         a.   An application and fees as set forth in chapter 7 of this title shall be submitted to the director on forms provided by the development services department and shall include the following material:
            (1)   A final cash flow pro forma, consistent with final verification of sufficient project financing required herein, for urban public services;
            (2)   A demonstration that sufficient assets, funds and financing are secured for construction of the urban public facilities, including, if applicable, that the planned community owner has paid or will pay pursuant to an approved transition plan, its proportionate share (based on a minimum density of 3 dwelling units per acre within the applicable response time area) of any unfunded capital improvement costs required to construct any required new municipal or district facilities;
            (3)   A demonstration that sufficient assets, funds and financing are secured or are identified in the approved pro forma for operation and maintenance costs of urban public services (including capital renewal and replacement costs of necessary urban public facilities), including, if applicable, that the planned community owner has received approval on a petition to prepay taxes per Idaho Code section 63-1602 as necessary to cover any temporary shortfall caused by the necessity for the applicable municipality or district to provide applicable urban public services at urban public service levels until tax revenue collection covers the cost of providing services including amortizing the prepayment. (Ord. 389, 6-14-2000; amd. Ord. 490, 4-9-2003; amd. Ord. 699, 6-18-2008; amd. Ord. 715, 12-3-2008; amd. Ord. 738, 2-23-2010; amd. Ord. 763, 10-13-2010; amd. Ord. 766, 12-8-2010)

8-6-4-1: SKETCH PLAT SPECIFICATIONS:

   A.   Sketch plats shall be prepared in pen or pencil drawn to a convenient scale of not more than one hundred feet (100') to an inch and shall show the following information:
      1.   Name:
         a.   Name of subdivision in accord with the requirements of Idaho Code section 50-1307.
         b.   Name of property if no subdivision name has been chosen.
      2.   Ownership:
         a.   Name and address of legal owner or agent of property, and citation of last instrument conveying title to each property involved in the proposed subdivision, giving grantor, grantee, date, and land records reference (deed book and page).
         b.   Citation of any existing legal rights of way or easements affecting the property.
         c.   Existing covenants on the property, if any.
         d.   Name and address of the professional person(s) responsible for subdivision design, for the design of public improvements, and for surveys.
      3.   Description: Location of property by government lot, section, township, range, county, graphic scale, north arrow, and date.
         a.   Location of property lines, existing easements, burial grounds, railroad rights of way, and watercourses; location, width, and names of all existing or platted streets or other public ways within or immediately adjacent to the tract; names of neighboring property owners from the latest assessment rolls within three hundred feet (300') of any perimeter boundary of the subdivision.
         b.   Location, sizes, elevation, and slopes of existing sewers, water mains, culverts, irrigation works, and other underground structures within the tract and immediately adjacent thereto; existing permanent structures and utility poles on or immediately adjacent to the site and utility rights of way.
         c.   Approximate topography, at the same scale as the sketch plat.
         d.   The approximate location and widths of proposed streets.
         e.   Preliminary proposals for connection with existing water supply and sanitary sewage systems, or alternative means of providing water supply and sanitary waste treatment and disposal; preliminary provisions for collecting and discharging surface water drainage.
         f.   The approximate location, dimensions, and areas of all proposed lots and existing lots or parcels.
         g.   The approximate location, dimensions, and area of all lots proposed to be set aside for park or playground use or other public use, or for the use of property owners in the proposed subdivision.
         h.   Whenever the sketch plat covers only a part of an owner's contiguous holdings, the owner shall submit, at a scale of not more than two hundred feet (200') to an inch, a sketch in pen or pencil of the proposed subdivision area, together with its proposed street system, and an indication of the proposed future street system, and an indication of the probable future street and drainage system of the remaining portion of the tract.
         i.   A vicinity map showing streets and other general development of the surrounding area, the sketch plat shall show all school and improvement district lines and their designation. (Ord. 389, 6-14-2000)

8-6-4-2: PRELIMINARY PLAT SPECIFICATIONS:

   A.   Drawing Specifications: All mapped information shall be prepared in a neat and legible manner and drawn to a scale of not more than one hundred feet (100') to the inch. A smaller scale or different size may be used for large developments with prior written approval from the director. Limits of the drawing shall include an area not less than three hundred feet (300') beyond boundaries of the proposed development. All maps shall show:
      1.   The subdivision boundary that is based on an actual field survey including the stamp of the licensed professional land surveyor certifying and stamping the boundary survey of the plan. Boundary problems shall be resolved and nonbuildable remnant properties are prohibited. Certification and stamping of the plan by the professional land surveyor is intended to pertain only to the boundary survey.
      2.   The name of the owner.
      3.   The name of the person or firm responsible for the drawing.
      4.   The name of the proposed subdivision in accord with Idaho Code section 50-1307.
      5.   The date, graphic scale, true north arrow, vicinity map, section, township, and range.
      6.   Ties to all controlling corners.
      7.   The names of neighboring subdivisions as listed in the assessor's files.
      8.   The names of owners of neighboring properties as listed in the assessor's files, and the boundaries of all neighboring properties.
      9.   The name, location, width, direction of slope, centerline and right of way of all existing and proposed public streets and private roads.
      10.   The proposed off site improvements pertaining to streets, water supply, sanitary sewer systems, storm water systems, fire protection facilities, and proposed utilities.
      11.   The lot layout with lot and block numbers, lot dimensions, and lot area in square feet.
      12.   The minimum setbacks from the front, the side, and the rear property lines.
      13.   Areas of special use, e.g., parks and schools, shall be appropriately labeled.
   B.   Separation Of Information: The director may require separation of information to a separate drawing(s) to assist in delineation of specific information. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 490, 4-9-2003)

8-6-4-3: FINAL PLAT SPECIFICATIONS:

The final plat shall be prepared as provided by, and include the items required by, Idaho Code title 50, chapter 13 and related state law, and the following additional requirements:
   A.   The final plat drawing page(s) and signature page shall be drawn on eighteen inch by twenty seven inch (18" x 27") sheets. No information shall be any closer to the edge of any sheet than three and one-half inches (31/2") at the left edge and one-half inch (1/2") on all other edges. The letters, numbers, and notes shall be of such size and scale to clearly show on microfilm copies, reproducible copies, and prints of the recorded documents.
   B.   The drawing page(s) shall show exterior boundary and property lines, right of way lines, streets, street islands, existing and new easements, all accurately dimensioned with bearings to the nearest one second and distances to the nearest one-hundredth (1/100) of a foot. The dimensions shall provide a minimum lot and boundary survey closure of one to ten thousand (1:10,000). The drawing page(s) and owner's certificate shall show or contain all related curve data including radius, length, central angle, long chord, and long chord bearing.
   C.   Permanent monuments, magnetically detectable, marked with the license number of the surveyor, shall be set for all the following:
      1.   All lot corners and exterior boundary corners.
      2.   Street centerline angle points, point of curvatures (PCs), point of tangencies (PTs), intersecting street centerlines, and places where street centerline changes directions.
      3.   Street islands, radius points for cul-de-sacs, and lot controlling corners that control the location of the boundary.
   D.   In places that are impossible or impractical to set the monument, a witness corner or reference monument shall be set and dimensioned accordingly. Such monument shall be of the same size and marking required for the monument it is replacing. A witness corner monument shall be set on the lot line or property line. A reference monument shall be set with a bearing and distance tie to the actual corner.
   E.   All monuments found, existing or accepted and used in the survey shall be marked with the license number of the surveyor.
   F.   Digital format as may be required by the county surveyor.
   G.   The plat shall show:
      1.   Primary Control Points: At least two (2) primary control points, officially recognized by the county surveyor and ties to such control points. Primary control points must be public land survey corners or officially recognized corners. Corner perpetuation and filing recording instrument numbers shall be shown.
      2.   Approved Street Names: The county engineer shall approve all street names.
      3.   Easements: Location, dimensions, and purpose of any easements.
      4.   Monuments: Location, description, and size of monuments that are found.
      5.   Title, Subdivision Name, Description And Date: Title, including subdivision name in accord with Idaho Code section 50-1307, and general location description and date.
      6.   Owner's Certificate: Owner's certificate containing a statement of reservation of easements and private roads. Private roads may be shown as a lot or an easement.
      7.   Right Of Way Width: The right of way width from centerline of each street or other right of way.
      8.   Abutting Subdivisions: Name and location of abutting subdivisions. All other abutting properties shall be shown as "unplatted".
   H.   The following certificates and approvals shall appear on the final plat:
      1.   Owner's certificate.
      2.   Licensed land surveyor's certificate.
      3.   Ada County highway district (if applicable).
      4.   Central district health.
      5.   City engineer (if applicable).
      6.   City approval certificate (if applicable).
      7.   County surveyor's certificate.
      8.   Acceptance and approval of the board. (Ord. 389, 6-14-2000)

8-6-5: REQUIRED FINDINGS:

   A.   Preliminary Plat:
      1.   The design conforms to the standards established in article A of this chapter;
      2.   The design complies with the required improvements established in article B of this chapter;
      3.   If applicable, the proposed subdivision complies with the standards of an applicable overlay district as set forth in chapter 3 of this title;
      4.   The design conforms to the topography and natural landscape features and shows consideration for the location and function of land uses and structures to achieve this purpose;
      5.   The development would not cause undue damage, hazard, or nuisance to persons or property in the vicinity;
      6.   The internal street system is designed for the efficient and safe flow of vehicles, bicycles and pedestrians without having a disruptive influence upon the activities and functions contained within the proposed subdivision, nor placing an undue burden upon existing transportation and other public services in the surrounding area;
      7.   Community facilities such as parks, recreational, and dedicated open space areas are functionally related to all dwelling units and are easily accessible via pedestrian and/or bicycle pathways;
      8.   The proposal complies with the dimension standards set forth in this title for the applicable zoning district;
      9.   The overall plan is in conformance with the applicable comprehensive plan(s), future acquisition maps, area of city impact ordinances including applicable subdivision regulations, and other pertinent ordinances; and
      10.   In addition to the findings required above, the board shall make the following findings for preliminary plats located in a PC base district:
         a.   The preliminary plat is in conformance with the approved planned community implementation plan;
         b.   Urban public services and urban public facilities are adequately provided according to the standards set forth in chapter 8 of this title, including the transition plan, if any; and
         c.   Sufficient funds will be available to construct the urban public facilities and to provide urban public services.
   B.   Final Plat:
      1.   The final plat is in substantial conformance with the preliminary plat;
      2.   All conditions of the approved preliminary plat have been met; and
      3.   For a planned community, the area encompassed by the final plat, together with any previously approved plats, is a self- supporting unit.
   C.   Required Findings; Financing Verification Application:
      1.   Sufficient assets, funds and financing are secured for construction of urban public facilities to support the area encompassed by the preliminary plat, including, if applicable, that the planned community owner has paid or will pay pursuant to an approved transition plan, its proportionate share (based on a minimum density of 3 dwelling units per acre within the applicable response time area) of any unfunded capital improvement costs required to construct any required new municipal or district facilities; and
      2.   Sufficient assets, funds and financing are secured or are identified in the approved pro forma for operation and maintenance costs of urban public services (including capital renewal and replacement costs of necessary urban public facilities) to support the area encompassed by the preliminary plat, including, if applicable, that the planned community owner has received approval on a petition to prepay taxes per Idaho Code section 63-1602 as necessary to cover any temporary shortfall caused by the necessity for the applicable municipality or district to provide applicable urban public services at urban public service levels until tax revenue collection covers the cost of providing services including amortizing the prepayment. (Ord. 389, 6-14-2000; amd. Ord. 738, 2-23-2010; amd. Ord. 766, 12-8-2010)

8-6-6: VACATION, TOTAL OR PARTIAL, OF A RECORDED SUBDIVISION PLAT:

An applicant or owner may petition the board for a total or partial vacation of a recorded subdivision plat, including easements. Vacation shall be processed in accord with the regulations set forth in Idaho Code section 50-1306A and recorded in accord with the regulations set forth in Idaho Code section 50-1324. (Ord. 389, 6-14-2000)

8-6A-1: GENERAL:

   A.   These standards shall be followed in all subdivisions regulated by this title. In addition to these standards, all subdivisions shall meet the design standards of the applicable zoning district.
   B.   Any proposed subdivision in areas of the county where topographical slopes are greater than fifteen percent (15%) or where adverse conditions associated with slope stability, erosion, or sedimentation are present, as determined by the county engineer, shall conform with the additional hillside regulations set forth in this title.
   C.   Adequate means for eliminating unsuitable conditions must be approved by the county engineer in order to develop property that has been designated in the applicable comprehensive plan, in the natural features analysis, or elsewhere, as being unsuitable for development because of flood threat, poorly drained areas, high groundwater, steep slopes, rock formation, buried pipelines, or other similar conditions likely to be encountered.
   D.   The limits of the subdivision shall encompass the full extent of the owner's lot or "contiguous parcels", as herein defined.
   E.   The decision making body may require modifications where, in its opinion, site planning has not sufficiently addressed the existing natural features. (Ord. 389, 6-14-2000; amd. Ord. 768, 1-12-2011)

8-6A-2: BLOCKS:

   A.   The length, widths, and shapes of blocks shall be determined with due regard to:
      1.   Provision of adequate building sites suitable to the special needs of the type of use contemplated including the base district requirements as to property sizes and dimensions.
      2.   Avoiding double front lots. If unavoidable, one of the frontages shall be restricted from access.
      3.   Needs for convenient access, circulation, control, and safety of street traffic. The number of intersecting streets with arterials of all classes shall be held to a minimum.
      4.   The limitations and opportunities of topography.
   B.   Residential block lengths should be between four hundred feet (400') and six hundred feet (600').
   C.   Pedestrian access rights of way not less than ten feet (10') wide, may be required for walkways through or across a block when deemed desirable to provide circulation, or access to schools, playgrounds, shopping centers, transportation, and other community facilities. Said access right of way shall be a separate platted lot. (Ord. 389, 6-14-2000)

8-6A-3: LOTS:

   A.   The property size, width, depth, shape, and orientation, and the minimum structure setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.
   B.   The minimum dimensional standards for all lots shall be in accord with the applicable base district. Corner lots in residential zoning districts shall be increased five percent (5%) above the minimum property size of the applicable base district to permit appropriate front and street side setbacks.
   C.   For a distance of fifty feet (50'), side property lines originating at the front of the lot shall be within twenty degrees (20°) of right angles or radial to the street providing access.
   D.   Through lots shall be avoided except to separate developments from arterial streets or to overcome topographic restrictions. A screening easement or common area lot having a minimum width of ten feet (10') shall be provided along the arterial streets. If unavoidable, one of the frontages shall be restricted from access.
   E.   Frontage for lots on a cul-de-sac turnaround shall be measured fifty feet (50') back from the front property line along an arc parallel to the right of way of the cul-de-sac. See section 8-1A-2, figure 11 of this title.
   F.   Frontage for lots on a knuckle shall be measured fifty feet (50') back from the front property line along the arc parallel to the right of way of the knuckle. See section 8-1A-2, figure 11 of this title. (Ord. 389, 6-14-2000; amd. Ord. 591, 7-27-2005)

8-6A-4: ACCESS:

   A.   All lots shall have access that complies with the regulations of section 8-4A-3 of this title. The arrangement, character, extent, and location of all streets shall conform to the comprehensive plan or portions thereof, and shall be considered in their relation to existing and planned streets, topographic conditions, and in their appropriate relation to the proposed uses of the property to be served by such streets. All required public street improvements and additional design standards are subject to the jurisdiction of the Ada County highway district.
   B.   Where a subdivision borders a railroad right of way or limited access highway right of way, a street approximately parallel to such right of way, at a distance suitable for appropriate use of the intervening property may be required.
   C.   Street layout shall be planned to facilitate future development of abutting areas and the entire neighborhood, and shall provide for adequate access to abutting lands. (Ord. 389, 6-14-2000)

8-6A-5: ALLEYS:

Alleys may be provided. If alleys are provided, alleys shall comply with ACHD standards and be public. (Ord. 389, 6-14-2000; amd. Ord. 738, 2-23-2010)

8-6A-6: EASEMENTS:

   A.   There shall be easements provided for utilities, drainage, and irrigation abutting to all public street right of way and subdivision boundaries, and where considered necessary, centered on the interior property lines. Said easements shall have a minimum width of ten feet (10').
   B.   Where a subdivision is transversed by a watercourse, appropriate easements shall be provided. (Ord. 389, 6-14-2000)

8-6A-7: WATERCOURSES:

   A.   There shall be a minimum structural setback of thirty feet (30') from the normal high water line of all watercourses, whether covered or uncovered. For open watercourses, normal high water line shall be as determined by a licensed surveyor or engineer.
   B.   Only when required by the board shall watercourses within an urban district be covered or fenced.
      1.   Proposed fences within the southwest planning area shall comply with the regulations of subsection 8-3C-3C of this title.
      2.   Proposed fences in a designated flood hazard area shall comply with the regulations of chapter 3, article F of this title.
      3.   Unless otherwise specified by this title, fences shall be a six foot (6') barrier that meets the barrier requirements for swimming pools in the Ada County building code as set forth in title 7, chapter 2 of this code.
      4.   Proposed covers or fences involving an irrigation distribution system shall have the prior approval of the affected irrigation district. (Ord. 389, 6-14-2000)

8-6A-8: FLOOD HAZARD OVERLAY DISTRICT:

All proposed subdivisions in a flood hazard overlay district shall comply with the requirements of section 8-3F-7 of this title and the standards in section 8-3F-8 of this title. (Ord. 389, 6-14-2000)

8-6B-1: OWNER'S RESPONSIBILITY:

The owner is responsible to complete the improvements required by this article and any additional improvements that may be required as a condition of approval. (Ord. 389, 6-14-2000)

8-6B-2: MONUMENT REQUIREMENTS:

The owner shall comply with the requirements of Idaho Code sections 50-1302, 50-1303, 54-1227, and 55-1608. (Ord. 389, 6-14-2000; amd. Ord. 681, 3-12-2008)

8-6B-3: STREETS AND OTHER IMPROVEMENTS:

Prior to signing of any final plat the following requirements shall be satisfied as applicable:
   A.   Public streets shall be accepted by the Ada County highway district.
   B.   Approved private roads shall be completed in accord with requirements of chapter 4, article D of this title.
   C.   All new developments shall have adequate sewage facilities as provided for in section 8-4A-22 of this title or the plat shall have a sanitary restriction as approved by the appropriate health authority.
   D.   Stormwater facilities and drainage improvements shall be constructed by the applicant or owner and approved by the county engineer.
   E.   Streetlights shall comply with the lighting regulations set forth in chapter 4, article H of this title. (Ord. 389, 6-14-2000; amd. Ord. 738, 2-23-2010)

8-6B-4: SURETY AND SURETY AGREEMENT:

In lieu of completion of the improvements listed in subsections 8-6B-3A, B, D and E of this article, the owner may deposit a surety and surety agreement for completion of such improvements with the director on forms provided by the development services department and as specified in chapter 4, article K of this title. (Ord. 389, 6-14-2000; amd. Ord. 699, 6-18-2008)