This chapter provides additional performance standards applicable to the division of land for sale and/or development.

(1992 Development Code; Code 2011, § 11-13-1)

A record of survey or plat shall be required for all land divisions, except as provided in section 9-2-3, and for all areas to be annexed. Records of survey and plats shall meet all requirements of Idaho Code, § 50-1301 et seq., "Plats and Vacations," as amended, and all requirements of section 9-17-6.

(1992 Development Code; Code 2011, § 11-13-2)

A lot split is the creation of any parcel of land of less than 20 acres for the purpose of sale, lease, rental, or development. All lot splits shall comply with the following requirements:

(1)

Lot splits shall not be used as a means to evade the requirements of this title for subdivisions.

(2)

Any lot created shall be capable of accommodating a permitted use allowed by this title.

(3)

Any lot created shall have direct access to an existing public street in compliance with the standards of this title.

(4)

Any lot created shall have direct access to city water and sewer and private utilities.

(5)

Lot splits shall comply with all other applicable standards of this title.

(6)

The provision of access and utilities to the lot created, including any necessary extension of streets or utility mains, shall be the responsibility of the developer.

(Code 2011, § 11-13-3; Ord. No. 596, 1-6-2010)

An application for a subdivision permit may be rejected solely on the grounds that the application does not provide a master plan for the development of the entire contiguous holdings of the developer or owner.

(1992 Development Code; Code 2011, § 11-13-4)

Subdivisions shall comply with all applicable standards of this title and the following design requirements:

(1)

Subdivisions shall be designed to perpetuate the original city plan, including the arcuate street system extending uphill from the existing developed area, the grid system in the more level areas, and the practice of dedicating major drainageways as public open space. Within this framework, subdivisions shall be designed to minimize the length of streets and utility lines required by their development; exposure to natural hazards and damage to natural assets, including soil erosion and the acceleration of storm and melt water runoff; exposure to nuisances, including traffic; and conflict with neighboring land uses.

(2)

Every lot created shall be capable of accommodating a permitted use allowed by this title.

(3)

No double frontage lots shall be created.

(4)

Side lot lines shall run as nearly perpendicular to the street as possible. The creation of acutely angular lots shall be avoided, except where necessary to accommodate the terrain or previously existing property lines. A utility easement of five feet in width shall be provided along all side lot lines and, where no alley exists, along all rear lot lines.

(5)

No lot shall be divided by the boundaries of any taxing jurisdiction.

(1992 Development Code; Code 2011, § 11-13-5)

All subdivisions shall demonstrate compliance with the requirements of Idaho Code, § 31-3805, as amended, which provides for approval of subdivisions by irrigation entities. Subdivisions which are to be annexed and provided with city water service shall dedicate all existing water rights appurtenant to the subdivided land to the city.

(1992 Development Code; Code 2011, § 11-13-6)

Subdivisions that are in, or include a portion of, the FOD shall comply with the additional requirements of chapter 11 of this title.

(1992 Development Code; Code 2011, § 11-13-7)

The following improvements shall be provided in all subdivisions:

(1)

Survey monuments as required by state law and this title.

(2)

A connection to the city's potable water system for each lot, including any extension of mains required to serve the subdivision and fire hydrants.

(3)

A connection to the city's sewage collection system for each lot, including any extension of mains required to serve the subdivision.

(4)

Private utility connections (power, natural gas, telephone, cable television) for each lot, including any extension of lines or cables required to serve the subdivision, in compliance with the standards established by the utility involved.

(5)

Paved streets, curbs, gutters, sidewalks, and streetlights as specified in section 9-17-5 with all streets being dedicated to the public.

(6)

A storm drainage system, as necessary.

(7)

Any other improvement required for compliance with this title.

(8)

Underground utilities shall be provided where possible. All utility (public and private) service connections shall be installed to the property line of every lot created before the base course of the street is laid.

(1992 Development Code; Code 2011, § 11-13-8)

For the purposes of this title, townhouses and other forms of attached multiple ownership dwellings are included in the term "condominium."

(1)

All condominium developments shall be platted.

(2)

The developer shall provide evidence that a proper condominium agreement, party wall easements, and other documents necessary to provide for attached multiple ownerships have been recorded.

(1992 Development Code; Code 2011, § 11-13-9)

Requests for the vacation of a subdivision plat shall follow the procedure provided in Idaho Code, § 50-1306A, except that, prior to conducting the required public hearing on the proposed vacation, the council shall refer the proposed vacation to the planning and zoning commission for its review and comment.

(1992 Development Code; Code 2011, § 11-13-10)

(a)

To resubdivide or replat, or to amend the plat of an approved or recorded subdivision, the developer shall file a new application for a subdivision and such application shall be processed in the manner set forth in this section. All requirements of the city subdivision ordinance shall apply except the requirement for a hearing, which shall not be required. The final proposed amended plat shall be reviewed by the planning and zoning commission and a recommendation shall be made by the commission to the mayor and city council.

(b)

Before scheduling the amended plat for consideration by the mayor and city council, the public works department shall check the amended plat for any utility or road easements that should be included. The mayor and city council shall then consider and take final action on the proposed amended plat at a regularly scheduled public meeting of the council.

(Code 2011, § 11-13-11; Ord. No. 510, 7-16-1997)