Bonner County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 6
SUBDIVISIONS
12-600: PURPOSE:
A. To provide standards and procedures for subdivisions and other land divisions, and lot line adjustments.
B. To establish subdivision and land division standards consistent with the goals and policies of the comprehensive plan.
C. It is unlawful for a person or group of persons acting in concert to attempt to avoid this article by acting in concert to divide a parcel of land or sell subdivision lots by using a series of owners or conveyances or by any other method that ultimately results in the division of the lands into a subdivision or the sale of subdivided land.(Ord. 501, 11-18-2008; amd. Ord. 634, 8-4-2021)
12-610: APPLICABILITY, QUALIFICATIONS:
B. Parcels or lots created in conformance with the provisions of this title which are uniquely described on any recorded plat or other legal instrument of conveyance as of the effective date hereof shall retain individual status and eligibility for sale, lease, financing, gift, building, construction or other transfer of ownership, as so described. (Ord. 501, 11-18-2008; amd. Ord. 634, 8-4-2021)
12-611: DEFINITIONS:
MINOR LAND DIVISION (MLD): | Any division of land into four (4) or fewer lots or parcels. Exception: those lots under common ownership, and limited in use to common open space or agricultural pursuits, need not be counted as a lot for purposes of determining applicable land division procedures only. . A minor land division shall not be used contiguously to avoid the regular subdivision process. (See BCRC 12-600 C.) |
SHORT PLAT: | Any division of land into five (5) to ten (10) lots or parcels. |
SUBDIVISION: | Any division of land into eleven (11) or more lots or parcels or divisions of those parcels that do not qualify for a Minor Land Division or Short Plat. |
The term “subdivision” shall not include: | |
A. The lease of agricultural lands for agriculture or agricultural purposes. | |
B. The lease or conveyance of land to a governmental agency, quasi-public or public entity, political subdivision, or private or public utility. The portion conveyed to the previously mentioned entities need not meet minimum acreage standards, however, any other portion or remainder that remains in private ownership shall meet minimum acreage standards. | |
C. Mineral, oil or gas leases. | |
D. A lot line adjustment or minor notational change. | |
E. Land within a recognized cemetery which has been divided into lots or plats for the purpose of burial only. | |
F. The financing or leasing of any commercial or industrial lot or parcel, or portion thereof, in conjunction with the construction of commercial or industrial buildings on a single lot or parcel. | |
G. The financing or leasing of existing separate commercial or industrial buildings on a single lot or parcel. | |
H. The financing or leasing of apartments, offices, stores or similar space with apartment buildings, industrial buildings, commercial buildings or mobile home parks, so long as each unit or space is not separately owned. | |
I. Minor Land Divisions. (Ord. 557, 11-10-2016; amd. Ord. 591, 10-23-2019; Ord. 634, 8-4-2021) | |
12-612: ADDITIONAL REQUIREMENTS:
A. Replatting Required:
1. Any division of land that has been platted shall not be divided again without replatting.
B. Recorded Survey Required:
1. Any division of land created pursuant to subsection C of this section must be surveyed and the survey recorded with the County Recorder if any one parcel in the division is less than five (5) acres, or a 1/128 aliquot division of a section.
C. Family Division: The following division of land is exempt from platting: A division of unplatted land which is made for the purpose of a single gift or sale to the landowner’s spouse, parent, child, sibling, grandparent or grandchild; provided, that the division complies with all of the following:
1. A division of unplatted land made for the purpose of a single gift or sale from the landowner’s spouse, parent, child, sibling, grandparent or grandchild;
2. The landowner has not previously been exempt from platting requirements by a gift or sale of another single parcel to the same person;
3. An individual may only receive one parcel by gift or sale created pursuant to this exemption after November 18, 2008. Examples:
a. If a husband owns two (2) different parcels in Bonner County and wishes to divide both parcels under the provisions described in this subsection C, he can give his wife only one of the divided parcels. However, he can give or sell the second parcel created by the other land division to his child, sibling, grandparent or grandchild.
b. An individual may receive by gift or sale a single parcel from his father through the exemption process, but may not again receive from any other family member another parcel through the exemption process.
4. The parcel created and any remaining parcel meets the minimum zoning district requirements for the district in which the parcel is located;
6. A “notice of land division” is recorded in accordance with the provisions set forth for all parcels and remainder parcel created; and
a. The applicant shall file an application for exemption from platting with the Planning Department, along with the supporting documents for those divisions of land set forth at subsection 12-612C of this subchapter. The application shall contain the legal descriptions of the parcels created and any other information deemed necessary for consideration of the application.
b. The Planning Director or designee shall examine application and the supporting documents for compliance with the applicable provisions of section 12-612 of this subchapter. Upon a determination that the application is in compliance, the Planning Director is authorized to sign the notice of land division or affix the notice of land division to deeds prepared for recording. A copy of the recorded notice or deed shall be retained by the Planning Department.
7. Limited to the creation of 4 parcels total.
D. Financing of a Lot or Parcel: The following is exempt from platting: The financing of any portion of a single lot or parcel; provided, that:
1. The portion separated for financing purposes and any remaining portion meet the minimum zoning district lot size requirements for the district in which the single lot or parcel is located; and
2. The single lot or parcel remains in one ownership.
E. Reservation of a Life Estate: The following is exempt from platting: The reservation of a life estate; provided, that the single lot or parcel remains in one ownership.
F. Waiver Of Land Division Requirements: The Director may waive minor land division, short plat and regular subdivision requirements on parcels to be created that have legal access and the resulting parcel size is not less than twenty (20) acres or can be described as a one thirty-second (1/32) aliquot description or larger. This waiver may be granted upon review of the proposed legal descriptions prior to recording.
G. Boundary Line Adjustment: A change in location of the property line between two (2) or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel. Further defined as a combining of one or more parcels to create fewer parcels and where no greater number of parcels than originally existed is thereby created. No boundary adjusted parcel may be reduced below the minimum parcel size for the zoning district in which the parcel is located, except that if a parcel is already below the minimum parcel size, the boundary line adjustment shall not create any parcels that are smaller than the smallest original parcel in the subject configuration.
1. The applicant shall file an application for Boundary Line Adjustment with the Planning Department, along with the supporting documents. The application shall contain the legal descriptions of the parcels created and any other information deemed necessary for consideration of the application.
2. The Planning Director or designee shall examine application and the supporting documents for compliance with the applicable provisions of section 12-621, 12-622, 12-624 A, D, and E of this subchapter. Upon a determination that the application is in compliance, the Planning Director is authorized to sign the notice of land division or affix the notice of land division to deeds prepared for recording. A copy of the recorded notice or deed shall be retained by the Planning Department.
3. No application submitted pursuant to this subsection shall be deemed complete nor any deed recorded, until all fees set forth at section 12-265 of this title have been paid, unless waived by the board.
4. Those existing, non-conforming features shall not be made more non-conforming. (Ord. 577, 5-23-2018;amd. Ord. 634, 8-4-2021; Ord. 681, 10-12-2022; Ord. 682, 10-12-2022)
12-613: NOTICE OF LAND DIVISION, PROCEDURE:
A. The applicant shall file an application for exemption from platting with the Planning Department, along with the supporting documents for those divisions of land set forth at subsection 12-612C of this subchapter. The application shall contain the legal descriptions of the parcels created and any other information deemed necessary for consideration of the application.
B. The Planning Director or designee shall examine application and the supporting documents for compliance with the applicable provisions of section 12-612 of this subchapter. Upon a determination that the application is in compliance, the Planning Director is authorized to sign the notice of land division or affix the notice of land division to deeds prepared for recording. A copy of the recorded notice or deed shall be retained by the Planning Department. (Ord. 501, 11-18-2008)
12-614: PROHIBITIONS:
A. Except where exempt from the definition of "subdivision", as provided for in this chapter, or until a final plat or notice of land division in full compliance with the provisions of this chapter and Idaho Code, where applicable, has been recorded with the Bonner County Recorder, no person shall:
1. Sell, lease, finance or gift any lot or parcel of real property or portion thereof;
2. Commence the construction of any building for sale, lease, financing or gift;
3. Allow occupancy of any lot or parcel of real property, or portion thereof, for which a final plat or notice of land division is required pursuant to this chapter.
B. The conveyance of any part of a division of land for which a final plat or notice of land division is required pursuant to this chapter shall not be made by lot or parcel number, letter or other designation until a final plat or notice of land division has been recorded with the Bonner County Recorder.
C. This section shall not apply to any lot or parcel created in conformance with the provisions of this title which is uniquely described on any recorded plat or legal instrument of conveyance as of the effective date hereof. Said lot or parcel shall retain individual status and eligibility for sale, lease, financing, gift, building construction or other transfer of ownership, as so described. (Ord. 501, 11-18-2008)
12-615: REMEDIES:
A. The provisions of this section shall not apply to the conveyance of any lot or parcel of real property:
1. Exempt from the definition of "subdivision", as provided for in this chapter;
2. Described in a certificate of compliance filed pursuant to section 12-616 of this subchapter;
3. Identified in a recorded final plat or notice of land division pursuant to this chapter, from and after the date of recording.
B. This section shall not bar any legal, equitable or summary remedy to which the County or other public agency or any person may otherwise be entitled. The County or other public agency or any person may file suit to restrain or enjoin any attempted or proposed subdivision for sale, lease, financing or gift of any lot or parcel, or portion thereof, contrary to the provisions of this title. The provisions of this section shall not limit or affect in any way the rights of a grantee or successor in interest under any other provision of law.
C. The County shall not issue a permit or grant any approval necessary to develop or use any lot or parcel which has been divided, or which has resulted from a division, contrary to the provisions of this title. The authority to deny a permit or approval shall apply whether the applicant was the owner of the lot or parcel at the time of the division, or whether the applicant is the current owner of the lot or parcel with, or without, actual or constructive knowledge of the division at the time of the acquisition of interest in the lot or parcel. (Ord. 501, 11-18-2008)
12-616: CERTIFICATE OF COMPLIANCE, CONDITIONAL CERTIFICATE OF COMPLIANCE:
A. Any person owning a lot or parcel may apply for a certificate of compliance, on an application form provided by the Planning Department, requesting the Planning Director to determine whether the lot or parcel resulting from a division of land complies with the applicable provisions of this Code in effect at the time the division occurred. The fee for applying for a certificate of compliance shall be as set forth in section 12-265 of this title.
B. If the Planning Director, upon reviewing the application, determines that the lot or parcel resulting from a division of land complies with the applicable provisions of this Code in effect at the time the division occurred, and upon the effective date of the determination pursuant to this section, the Planning Director shall record, on a form provided by the Planning Department, a certificate of compliance with the Bonner County Recorder. The certificate of compliance shall identify the lot or parcel, and shall state that the lot or parcel resulting from a division of land complies with the applicable provisions of this Code in effect at the time the division occurred.
C. If the Planning Director, upon reviewing the application, determines that the lot or parcel resulting from a division of land did not comply with the applicable provisions of this Code in effect at the time the division occurred, and upon the effective date of the determination pursuant to this section, the Planning Director shall record, on a form provided by the Planning Department, a conditional certificate of compliance with the Bonner County Recorder. The conditional certificate of compliance shall identify the lot or parcel, and shall state that the lot or parcel resulting from a division of land will comply with the applicable provisions of this Code in effect at the time the division occurred upon completing only those conditions which would have been applicable to the lot or parcel at the time the division occurred. The conditional certificate of compliance shall list those conditions. Compliance with the conditions listed shall be required prior to the issuance of any permit for the development or use of the property. The Planning Director shall record a certificate of compliance upon the applicant completing the listed conditions. A recorded final plat or notice of land division pursuant to this chapter constitutes a certificate of compliance with respect to the lot or parcel described therein.
D. If the Planning Director, upon reviewing a permit for the development or use of any lot or parcel, determines that the lot or parcel resulting from a division of land did not comply with the applicable provisions of this Code in effect at the time the division occurred, and upon the effective date of the determination pursuant to this section, the Planning Director shall record, on a form provided by the Planning Department, a conditional certificate of compliance with the Bonner County Recorder. The conditional certificate of compliance shall identify the lot or parcel and shall state that the lot or parcel resulting from a division of land will comply with the applicable provisions of this Code in effect at the time the division occurred upon completing only those conditions which would have been applicable to the lot or parcel at the time the division occurred. The conditional certificate of compliance shall list those conditions. Compliance with the conditions listed shall be required prior to the issuance of any permit for the development or use of the lot or parcel. The Planning Director shall record a certificate of compliance on the application completing the listed conditions. A conditional certificate of compliance recorded pursuant to this subsection shall include as a condition the fee as set forth at section 12-265 of this title.
E. For the purposes of the administration of this section, the following shall be considered to be in compliance:
1. Any lot or parcel which is described on a recorded legal instrument of conveyance prior to November 18, 2008;
2. Any lot or parcel for which a valid building permit or building location permit has been issued by Bonner County since November 18, 2008, whereon development has occurred and a use has been established in reliance on that permit;.
3. A recorded final plat or notice of land division pursuant to this chapter constitutes a certificate of compliance with respect to the lot or parcel described therein.
4. When an original parcel or lot is divided by a public right of way as a result of some kind of governmental action (e.g. the construction of a road or railway through a parcel or lot, thereby dividing it), each of the two resulting parcels or lots shall be deemed original parcels or lots and shall have an origination date equal to that of the governmental action. The burden of proof shall be on the applicant to provide. (Ord. 551, 3-9-2016; Ord. 607, 7-22-2020; Ord. 681, 10-12-2022; Ord. 682, 10-12-2022)
12-620: GENERAL:
Any easements, specific constraints on building placement, other than easements, and land areas reserved, be shown and plainly marked on the plats. (Ord. 501, 11-18-2008)
12-621: LOT AND PARCEL DESIGN:
A. All proposed lots or parcels which are three hundred feet (300') or less in width shall maintain a depth to width ratio of not greater than three point two to one (3.2:1); and lots which are more than three hundred feet (300') in width shall maintain a depth to width ratio of not greater than four point two to one (4.2:1).
B. All proposed lots or parcels one hundred feet (100') or less in width shall be designed so that the angle of intersection of the side lot lines with the fronting road is between eighty-five (85) and ninety-five degrees (95°), for a distance of not less than fifty feet (50') from the point of intersection.
C. Submerged lands are not to be included when determining the depth to width calculation.
(Ord. 501, 11-18-2008; amd. Ord. 696, 7-12-2023)
12-622: SUBMERGED LANDS:
Lands below the applicable natural or ordinary water mark, or the applicable artificial high water mark, of any lake, river, stream, channel or other body of public water shall not be counted in the calculations for determining the maximum density for a subdivision. For example, if a forty (40) acre parcel in the R-5 zoning district contains thirty (30) acres submerged under Lake Pend Oreille's artificial high water mark, then the parcel contains ten (10) "usable" acres for the purpose of determining the maximum density in a subdivision. (Ord. 501, 11-18-2008)
12-623: SERVICES AND UTILITIES:
A. Where proposed lots are smaller than one acre in area, exclusive of any ingress or egress easements, all "urban services", as defined in section 12-821 of this title, shall be provided. Lots in conservation subdivisions shall be exempt from this requirement, provided all other requirements of this title are met.
B. A water supply shall be provided per at least one of the following:
1. Lots to be served by an individual well on each lot: Applicants shall demonstrate how the aquifer proposed for water supply has sufficient production capability to provide drinking water to all applicable lots and that a location is available within each lot for installation of a well without conflicting with proposed sewage systems on or adjacent to the proposed lot.
2. Lots to be served by a new water system serving from two (2) to nine (9) lots: Documentation by an Idaho licensed professional engineer or professional geologist that the sources proposed for water supply have sufficient production capability to provide drinking water to the lots in the proposed subdivision.
3. Lots to be served by a new public drinking water system: Division of environmental quality written approval of an engineering report prepared by an Idaho licensed professional engineer demonstrating that an adequate water supply is available to meet the estimated demand for water from the lots in the proposed subdivision.
4. Lots to be served by connection to an existing public or private water system: A letter from the owner of the system indicating it has sufficient reserve production capacity to supply water to the lots in the proposed subdivision.
C. A sewage disposal method for all building sites, as approved by the Panhandle health district and/or the state of Idaho, may be provided.
D. All proposed lots shall be designed by the applicant to provide a fire protection plan for the proposed lots to provide, at a minimum, an assessment of fire risk and plans to reduce the risk, and provisions for defensible space, where material capable of allowing a fire to spread unchecked will be treated, cleared or modified to slow the rate and intensity of an advancing wildfire and to create an area for fire suppression operations to occur, and for at least one of the following:
1. Prior to final plat, an approved water and fire hydrant system capable of providing one thousand (1,000) gallons per minute for a minimum of two (2) hours where a community water system exists or is proposed as part of the development and is capable of delivering the pressurized water supply necessary for delivering fire flows as prescribed by the international fire code, as adopted by the state fire marshal, and such later editions as may be so published and adopted by the state fire marshal, or as amended, modified or superseded, and incorporated herein by reference with a copy on file with the office of the clerk of the board of county commissioners, and hereinafter referred to as IFC.
2. A note on the final subdivision plat stating: "At the time of building location permit or building permit, the lot owner shall install a minimum two thousand (2,000) gallon water storage system, meeting IFC standards". Refill on demand is not required to meet IFC standards.
3. A note on the final subdivision plat stating: "The installation of an approved IFC residential fire suppression sprinkler system is required in all newly constructed residences".
4. Prior to final plat, a manmade or natural water source with a dry hydrant capable of delivering adequate water supply as prescribed by IFC.
5. A note on the final subdivision plat stating: "At the time of building permit or building location permit, the lot owner shall install an approved fire suppression method to the satisfaction of Bonner County". (Ord. 501, 11-18-2008; amd. Ord. 607, 7-22-2020)
12-624: ROADS AND ACCESS:
A. All new roads created for subdivisions shall be designated by unique road names, unless such roads are determined to be and are designed to be extensions of existing roads.
B. Road networks shall be designed and constructed to private road standards set forth in appendix A of this title, except as otherwise noted herein. Road networks shall be designed to provide for a continuous transportation system to adjacent properties, where topographical conditions warrant.
C. Legal access shall be provided to each proposed lot, which shall be developed for ingress and egress, providing for ready access meeting the standards in subsection B of this section.
D. All proposed lots less than five (5) acres gross shall have direct frontage on, and direct access to, a public right of way. Cluster lots less than five (5) acres gross in a conservation subdivision within the rural, agricultural/forestry and forestry districts are exempt from this requirement. Right of way offered for dedication in any zoning district shall be developed with a road constructed to the standards set forth in title 2 of this code. Such road may be maintained privately or by a public highway agency. Exceptions to the direct frontage and access requirements to allow for private frontage or interior roads may be granted in the commercial, industrial, or rural service center districts provided such access meets the applicable private road standards of this title.
E. For the purposes of a boundary line adjustment, family division, or lot line adjustment legal access shall be provided to each proposed lot or parcel, which shall demonstrate ingress and egress. (Ord. 501, 11-18-2008; amd. Ord. 524, 1-11-2012; Ord. 681, 10-12-2022; Ord. 682, 10-12-2022)
12-625: TRAILS AND PARKS:
A. Trails:
1. Implementing Bonner County Trails Plan: New subdivisions should be integrated with, and expand upon, existing and planned trail network per the Bonner County trails plan adopted by the Bonner County board of county commissioners. Subdivisions on land featuring proposed trails per the Bonner County trails plan are required to construct the trail as part of the subdivision approval. The Bonner County trails plan shall be used as a guide to determine the appropriate alignment and design any public trails or pathways (where applicable).
2. Public Access To Trails: All public trails shall be provided within public rights of way (when approved by the entity having jurisdiction over the right of way), designated common open space or within a trail easement dedicated or conveyed to Bonner County, or to the entity that will provide maintenance as approved by the board. The width of the common open space or easement shall be sufficient to provide for trail maintenance activities. When future access may be needed to adjacent parcels of land, trail easements and/or rights of way shall extend to the property line of the subdivision.
3. Sidewalks/Pathways In Residential Subdivisions: All residential subdivisions featuring average residential lot sizes of less than twelve thousand (12,000) square feet shall provide a sidewalk/pathway system that connects all residential lots in the subdivision. Conservation subdivisions in the rural or A/F districts are exempt, except where there are more than ten (10) contiguous residential lots averaging less than twelve thousand (12,000) square feet in size.
4. Developing Design Standards For Trails: Trail width and design standards and guidelines shall be developed in accord with the adopted trails plan.
B. Public Access, Parks And Facilities: Public access easements or the conveyance of land for public access, parks or facilities may be required for subdivisions that are contiguous to: 1) public lands; 2) public streams, lakes, ponds, wetlands or similar areas; or 3) for areas designated in a county facilities acquisition plan. If so required, the property owner shall be paid fair market value for the easement or land, or may qualify for a density bonus as part of a conservation subdivision set forth in section 12-637 of this chapter. (Ord. 501, 11-18-2008)
12-626: ENVIRONMENTAL FEATURES:
A. The subdivision shall be designed around identified natural hazards (highly erosive soils on steep slopes, landslide areas, rock falls, areas of subsidence, floodplains) to protect building sites and roads from damage from such hazards.
B. The subdivision shall meet the requirements of chapter 7, "Environmental Standards", of this title.
C. All subdivisions containing waterfront property shall conform to the following standards:
1. New lots or parcels on sites in the forestry, agricultural/forestry, rural and other zoning districts where all urban services are not available, shall maintain an average width (as measured parallel to the shoreline) of at least two hundred feet (200') for all portions of the lot or parcel within one hundred feet (100') of the shoreline. The total depth of the lot (as measured from the shoreline to the opposite end of the lot or parcel) must be deep enough to allow development to meet applicable vegetation conservation and building setback requirements per subchapter 7.1 in this title.
2. New lots or parcels not in the forestry, agricultural/forestry or rural zoning districts and containing all urban services, shall maintain an average width (as measured parallel to the shoreline) of at least one hundred feet (100') for all portions of the lot within one hundred feet (100') of the shoreline. The total depth of the lot (as measured from the shoreline to the opposite end of the lot or parcel) must be deep enough to allow development to meet applicable vegetation conservation and building setback requirements per subchapter 7.1 in this title. (Ord. 501, 11-18-2008)
12-627: SUBDIVISIONS IN THE COMMERCIAL AND RURAL SERVICE CENTER DISTRICTS:
Subdivision applicants in both districts shall demonstrate how the proposed lots are appropriate for applicable residential and/or nonresidential uses where permitted in sections 12-332 through 12-336 (tables 3-2 through 3-6) of this title. Individual lots shall be sized appropriately to accommodate permitted uses in the district, or may be designed to accommodate a particular set of permitted uses (for example, townhouses, which feature common walls and zero lot lines). The board may place conditions on the lots that restrict uses and the exact location and nature of development. (Ord. 501, 11-18-2008)
12-630: PURPOSE:
A. Encourage creative and flexible site design that is sensitive to the land's natural features and adapts to the natural topography;
B. Protect environmentally sensitive areas of a development site and preserve on a permanent basis open space, natural features and prime agricultural lands;
C. Minimize water quality impacts by reducing the amount of impervious surfaces in site development;
D. Promote cost savings in infrastructure installation and maintenance by such techniques as reducing the distance over which utilities, such as water and sewer lines, need to be extended, or by reducing the width or length of streets; and
E. Provide opportunities walking and hiking in open space areas. (Ord. 501, 11-18-2008)
12-631: DESCRIPTION AND DEFINITIONS:
A "conservation subdivision" is a subdivision where lots are clustered in specific areas to allow the remaining land to be used for recreation, open space, agriculture and/or preservation of features and/or structures with environmental, historical, cultural or other significance. "Conservation subdivisions" may include the following terms:
CLUSTER LOT: A cluster lot is a lot in a conservation subdivision (typically smaller than the minimum lot size for the applicable zoning district) in which residential development can occur.
COMMON OPEN SPACE: A part of a conservation subdivision that is set aside in perpetuity as open space. This area may include freshwater wetlands, floodplains or flood hazard areas, stream corridors, recreational areas, prime agricultural lands, wildlife habitat, scenic views, historical or cultural features, archaeological sites, or other land to be protected from development, as well as easements for public utilities.
CONSERVATION LOT: A large (larger than the minimum lot size for the applicable zoning district) privately owned (not common) lot in a conservation subdivision. Such lot may incur a dwelling unit, but it will count against the overall density of a subdivision. A conservation lot may be an alternative to common open space. For example, a property owner can subdivide a portion of property into a number of smaller cluster lots and retain most of the acreage for him or herself.
DEVELOPMENT RESERVE LOT:
A. An area in a conservation subdivision that is set aside for future development opportunities. For example, owners of suburban zoned land that do not yet have all urban services may choose to create a conservation subdivision to cluster lots and create a development reserve lot that allows for future development once urban water and sewer services are provided on the land.
B. Property owners can choose to utilize a combination of lot types. For instance, it is possible to have both a conservation lot and common open space in a conservation subdivision.
(Ord. 501, 11-18-2008)
12-632: APPLICABILITY, PROCEDURES AND PREAPPLICATION REVIEW:
A. Applicability: A conservation subdivision shall be permitted as of right in any zoning district.
B. Procedures: Conservation subdivisions are subject to the standard preliminary plat procedures set forth in subchapter 6.4 of this chapter.
C. Preapplication Review Required: The developer or developer's representative for a conservation subdivision shall meet with the planning director or designee, prior to submitting an application. The purpose of this meeting is to discuss early and informally with the developer, the purpose and qualifying provisions of this chapter along with any known constraints in order to assist the applicant in determining the feasibility of the proposal. The preapplication review shall include a general description of the proposed subdivision, and a sketch map of sufficient scale to convey the scope and layout of the proposed subdivision. Discussions may include the concept, the applicable regulations and standards, comprehensive plan objectives and specific problems with the proposed subdivision such as impacts on roads, schools or potential conflicts with surrounding land uses. (Ord. 501, 11-18-2008)
12-633: STANDARDS AND GUIDELINES FOR ALL CONSERVATION SUBDIVISIONS:
A. Uses: All principal and accessory uses authorized in the applicable zoning districts shall be allowed in the conservation subdivision. Uses not authorized by chapter 3 of this title will not be permitted in conservation subdivisions.
B. Development Standards: Development standards in chapter 4 of this title for the applicable zoning district shall apply to all lots in a conservation subdivision, except where otherwise noted in this chapter.
C. Design Standards: Conservation subdivisions are subject to subchapter 6.2 of this title, design standards, except where otherwise noted.
D. Minimum Lot Size: Cluster lots may be smaller than the minimum lot size for the applicable zoning district, provided the following requirements are met:
1. The minimum lot size for lots containing both individual wells and septic within the boundaries of the lot shall be two and one-half (21/2) acres.
2. The minimum lot size for lots containing either individual wells or septic (but not both) within the boundaries of the lot shall be one acre.
3. Lots may be smaller than the minimum sizes in subsections D1 and D2 of this section, provided water and sewage disposal provisions are provided within common areas via utility easements.
E. Suitable Land: Cluster lots are encouraged to be located on land most suitable for residential development. For example, where the site contains floodplains and/or wetlands, such floodplains and/or wetlands are encouraged to be designated as common open space.
F. Further Subdivision Of Cluster Lots: Cluster lots in a conservation subdivision may not be further subdivided except where in compliance with this title. For example, if a forty (40) acre conservation subdivision in the R-10 zoning district contains 4 two (2) acre lots and a thirty two (32) acre common open space is rezoned to R-5, each of the four (4) cluster lots may be split into two (2) lots to achieve maximum density per the R-5 standards, pursuant to the procedures set forth in this chapter. However, notes on the final plat as approved by the board may include other restrictions on future subdivision of the lots.
G. Wells, Sewage Disposal Facilities Within Common Open Space: Individual and/or common wells and sewage disposal facilities may be provided within designated common open space areas to allow for maximum efficiency of cluster lot design and minimize potential negative impacts to the environment. Applicable easements for the facilities shall be shown on the final plat.
H. Preservation Of Common Open Space: Common open space shall be preserved as permanent open space, except where otherwise noted in this title, and subject to the following standards:
1. A management plan is required for the designated common open space. The plan shall be submitted and approved with the preliminary plat application. The plan shall include all of the following items:
a. Details concerning ownership, tax liability and responsible parties for maintenance of open space.
b. Use of the designated common open space shall be in accordance with this title.
c. Details concerning permanent protection of open space.
d. Details on maintenance of the open space, including control of noxious weeds.
e. Any construction activities (trails, fencing, agricultural buildings) and vegetative clearing that may occur on site.
2. All subsequent activities must be conducted in conformance with the approved open space management plan. Open space management plans may be modified through amendment procedures for a plat alteration, but in no case shall perpetually dedicated open space be revoked.
3. The open space management plan, as described above, shall be referenced on the face of the final plat and shall be filed as a title notice.
I. Unavailable Urban Services: For conservation subdivisions in the suburban, commercial, industrial, recreation, rural service center or alpine village zoning districts where all urban services are not available, land may be set aside for future development as a "development reserve lot" if and when the applicable urban services become available. Such a lot may be privately owned or collectively owned by the owners of all subdivision lots. See subsection 12-637A2 of this subchapter for related density bonus provisions. Specific requirements for development reserve lots:
1. For such conservation subdivisions, the following title notice shall be filed on the property and adjacent properties within the plat and the wording shall additionally be placed on the face of the plat:
Lot , Block , of is a development reserve lot reserved for future development when urban services become available. Future development of this parcel may include uses permitted in the applicable zoning district. The lot is not intended to be preserved in perpetuity as open space, as indicated by the consent(s) to plat recorded at Instrument # .
2. Applicants shall submit a sketch of a prospective future street system and lot layout on development reserve lots to demonstrate that the land can be subdivided in conformance with the design standards of this title.
J. Conservation Lot As Alternative: As an alternative to designated common open space, applicants may choose to include a large "conservation lot" that is privately owned and maintained. A conservation lot may incur a dwelling unit, provided it counts against the overall density of the subdivision.
K. Buffering, Clustering: Clustered lots shall be accessed by interior road systems. To the maximum extent possible, cluster lots shall be located so that common open space provides a buffer between the cluster lots and adjacent properties and/or right of way. When this is not possible, the development shall be designed to provide at a minimum one of the following:
1. Cluster lots that abut surrounding properties or right of way shall be at least seventy five percent (75%) of the minimum lot size standard for the subject parcel.
2. Cluster lots that abut surrounding properties or right of way shall be separated from adjacent properties or right of way by a minimum buffer strip of one hundred feet (100'). At a minimum, proposed or existing landscaping and vegetation within the buffer strip shall be of sufficient size and type to provide a buffer of vegetation six feet (6') in height and fifty percent (50%) opaque year round within three (3) years of planting. New landscaping materials shall consist of a combination of native trees and shrubs, as provided in appendix B of this title. Variations to these standards may be permitted where the applicant can demonstrate that unique topographic conditions provide sufficient buffering, such as intervening waterways, ridges or ravines or other land features. (Ord. 501, 11-18-2008)
12-634: STANDARDS FOR CONSERVATION SUBDIVISIONS IN AGRICULTURAL/FORESTRY-20 DISTRICT:
All conservation subdivisions in the A/F-20 zoning district shall use the conservation subdivision design standards set forth below:
A. Cluster lots shall be located on land least suitable FOR commercial agricultural or forestry purposes based on soil types, slopes, adjacent uses or other unique existing conditions.
B. For all lands within the A/F-20 district, cluster lots shall maintain an adequate area to accommodate applicable setbacks and sufficient separation for water and sewage disposal facilities.
C. Conditions may be placed on cluster lot development to minimize impacts to nearby agricultural uses and maintain the agricultural character of the area. To accomplish this, building envelopes, no disturbance zones, driveway location, and planting or retaining vegetation may be required. At minimum, building envelopes for cluster lots shall provide for a minimum setback of one hundred feet (100') to any property adjacent to the parent tract.
D. More than one conservation lot may be created, provided they are at least thirty (30) acres in size.
E. The envelope area for residential development on the conservation lot shall be authorized on the plat and shall be limited to no more than one acre in size and located to maximize opportunities for agricultural use on the lot.
F. The maximum number of lots in a cluster shall be four (4), except where lots are clustered at least one hundred feet (100') from an existing road. The minimum separation of clusters of lots shall be three hundred feet (300'). (Ord. 501, 11-18-2008)
12-635: STANDARDS FOR CONSERVATION SUBDIVISIONS IN AGRICULTURAL/FORESTRY-10 AND RURAL DISTRICTS:
Cluster subdivisions in the A/F-10 and rural districts shall have the flexibility to create common open space and/or a conservation lot or lots, depending on unique site characteristics and/or interests of the applicant, provided the following requirements are met:
A. The maximum number of lots in a cluster shall be four (4), except where lots are clustered at least one hundred feet (100') from an existing road. The minimum separation of clusters of lots shall be three hundred feet (300').
B. At minimum, building envelopes for cluster lots shall provide for a minimum setback of one hundred feet (100') to any property adjacent to the parent tract.
C. Multiple dwelling units may be included on individual lots, provided the subdivision meets applicable density requirements and other requirements in this title. (Ord. 501, 11-18-2008)
12-636: STANDARDS FOR CONSERVATION SUBDIVISIONS IN SUBURBAN, RECREATION AND ALPINE VILLAGE DISTRICTS:
Conservation subdivisions in these districts shall have the flexibility to create common open space, a conservation lot or lots, and/or development reserve lots, depending on unique site characteristics and/or interests of the applicant, provided the following requirements are met:
A. Minimum Lot Size: There is no minimum lot size for cluster lots, provided the subdivision meets the density requirements specified in this title. However, cluster lots shall be sized sufficiently to meet applicable setbacks and other requirements in this title, unless otherwise noted herein.
B. Development Reserve Lots: All subdivisions that do not contain urban services are encouraged to use clustering techniques that allow for future development at urban densities. To accomplish this, applicants may designate an area or areas "development reserve lot" that can be further subdivided when urban services become available. See subsection 12-633I of this subchapter for related development reserve lot requirements. See subsection 12-637A2 of this subchapter for related density bonus provisions.
C. Reduction In Setbacks: Front, side and/or rear yard setbacks may be reduced to accomplish design objectives for the development, provided other applicable standards in this title are met.
D. Multiple Dwelling Units: Multiple dwelling units may be included on individual lots, provided the subdivision meets applicable density requirements and other requirements in this title.
E. Common Open Space: Applicants are encouraged to set aside at least twenty percent (20%) of the land as common open space, or recreational facilities for the residents of the subdivision. (Ord. 501, 11-18-2008)
12-637: DENSITY BONUSES FOR CONSERVATION SUBDIVISIONS:
A. Exceptions To Qualifying Subdivisions: All conservation subdivisions shall qualify for bonuses, except:
1. Sites within the F and I districts.
2. Sites within the S, REC and AV districts where all urban services are not available may qualify for density bonuses only under the following conditions:
a. Lots are clustered in a way that allows for the future resubdivision at urban densities and/or permanent common open space. See subsection 12-633I of this subchapter for requirements for development reserve lots, and subsections B through D of this section.
b. Dry line sewer and water lines servicing all lots less than one acre in size shall be installed prior to occupancy of the applicable lot's first dwelling unit.
c. A sewer management agreement must be incorporated into the final plat requiring that applicable lots be connected to sewer and water systems should those systems be extended to the boundaries of the subdivision. Applicable septic systems and wells must be abandoned once the urban sewer and/or water services are operational.
3. Sites where more than fifty percent (50%) of the land includes floodways and wetlands (as determined from a professional wetlands delineation or from the U.S. fish and wildlife service national wetland inventory maps).
B. Common Open Space:
DENSITY BONUS FOR COMMON OPEN SPACE
Numbers in parentheses refer to additional
standards located below the table.
Amount Of Common Open Space (Percent Of Site) (2) | Maximum Percentage Increase In Approved Building Lots (1) | |
A/F-10, R-5 (3) | A/F-20 And R-10 Districts S, AV, C, REC And RSC Districts (4) | |
Amount Of Common Open Space (Percent Of Site) (2) | Maximum Percentage Increase In Approved Building Lots (1) | |
A/F-10, R-5 (3) | A/F-20 And R-10 Districts S, AV, C, REC And RSC Districts (4) | |
10 percent - 19 percent | 0 percent | 0 percent |
20 percent - 29 percent | 10 percent | Bonus percentage increase equal to percentage of common open space. |
30 percent - 39 percent | 20 percent | |
40 percent - 49 percent | 30 percent | |
50 percent - 79 percent | 40 percent | |
80 percent or more | 50 percent | |
Standards:
1. To qualify for the full bonus percentages here, the common open space must comply with applicable requirements of subsection 12-256A of this title.
2. Common open space percentages may be rounded off to the nearest whole percentage.
3. Planned unit development subdivisions shall not exceed 150 percent of the density allowed by the underlying zoning district through provision of common open space percentages and other density bonus actions listed in table 6-2 below. For example, an applicant with 40 acres in the R-5 district [normally allowed a maximum of 8 lots] may qualify for up to 12 lots via common open space and other bonus actions.
4. Planned unit development subdivisions shall not exceed 200 percent of the density allowed by the underlying zoning district through provision of common open space percentages and other density bonus actions listed in table 6-2 below. For example, an applicant with 40 acres in the R-5 district [normally allowed a maximum of 8 lots] may qualify for up to 16 lots via common open space and other bonus actions.
C. Density Bonus For Other Actions:
DENSITY BONUS FOR OTHER ACTIONS
Density Bonus Action | Maximum Percentage Increase In Approved Building Lots |
1. Provide subdivision residents with usable access to adjacent lakes, streams or public lands. The access must meet the minimum trail/pathway design standards specified in section 12-625 of this chapter. | 5 percent |
2. Provide general public with usable access to common open space, adjacent lakes, streams or public lands. (Note: This option is in lieu of, not in addition to, action 1.) The access must meet the minimum trail/pathway design standards specified in section 12-625 of this chapter. | 15 percent |
3. Provide a sidewalk or pathway system that connects each lot in the subdivision per the design standards in section 12-625 of this chapter. | 5 percent if open only to subdivision residents. 15 percent if open to the general public. |
4. Provide other public amenities. The board may approve bonus lots for other improvements and amenities, both on and off site, where the applicant can successfully demonstrate that the proposed improvements/amenities benefit the public. See subsections D and E of this section for examples and requirements. Improvements required to mitigate impacts shall not be used to earn bonus lots. | Up to 25 percent |
5. Bonus for urban sewer (where not required to achieve given density) (i.e., suburban using "urban sewer" to get to smaller acres) | 25 percent |
D. Public Amenities: Below are public amenities that can be provided to obtain a density bonus. All are subject to approval by the board:
1. Construct recreational improvements that are available for the use by the general public. Improvements may include, but are not limited to, play fields, picnic shelters, children play areas and indoor recreational facilities. Applicants must successfully demonstrate that the improvements are safe, accessible and desirable to the general public.
2. Construct public facilities such as schools, fire stations or libraries. To qualify, the land and/or facilities must be accepted by the applicable public agency. The land itself set aside for such public use shall be considered as common open space for the purposes of obtaining a density bonus.
3. Pave roadways (where they are not required to be paved).
4. Provide environmental improvements as certified by wetlands, plant or other biologists having expert knowledge of the specific environmental feature. An example could be replacement of nonnative vegetation with native vegetation in common open space areas. Such improvements are particularly desirable in and around wetland areas and designated critical wildlife habitat.
5. Provide off site road improvements (above and beyond what is required by board for subdivision approval).
The applicant shall include a cost estimate for the proposed public amenity improvements prepared by a professional construction estimator, registered general contractor, engineer, architect or landscape architect, which shall be submitted with the application. The cost estimate shall be limited to physical improvements, labor and utility costs associated with the proposed public amenity feature.
E. Requirements For Density Bonus: To qualify for a density bonus, the proposed public amenity must meet the following requirements:
1. Applicants must successfully demonstrate how the improvements benefit the public.
2. The percentage of density bonus shall be commensurate with the cost of the applicable improvements per the following scale:
Cost of proposed improvements = $Y
Density bonus = Extra lot or lots* valued at the equivalent of two (2) times the cost of proposed improvements (2 x Y) up to a maximum density bonus of twenty five percent (25%).
*The average value of lots in the proposed subdivision as determined by a state licensed appraiser at the time the application is submitted. The appraised value shall take into account the average size of proposed lots, proposed physical improvements (including proposed amenities), and locational attributes.
For example, if the applicant proposes off site road improvements costing an estimated fifty thousand dollars ($50,000), the applicant is then eligible for a bonus lot or lots equaling up to one hundred thousand dollars ($100,000.00) in assessed value. If a state licensed appraiser concludes that the average market value for one of the proposed cluster lots is fifty thousand dollars ($50,000.00), then the applicant qualifies for up to two (2) additional lots (provided the extra lots do not exceed 25 percent of the total density of the subdivision). (Ord. 501, 11-18-2008)
12-640: PROCESSING OF SUBDIVISION APPLICATIONS, GENERAL:
The requirements and procedures set forth at sections 12-641 through 12-648 of this subchapter shall apply to the processing of all applications for subdivisions to which this chapter is applicable, except for applications which are eligible for processing as short plats (as set forth in section 12-660 of this chapter), or for processing as lot line adjustments (as set forth in subchapter 6.7 of this chapter), or for processing condominium projects (as set forth in subchapter 6.8 of this chapter). (Ord. 501, 11-18-2008)
12-641: SUBDIVISIONS, PREAPPLICATION REVIEW:
A. Any person contemplating a subdivision is encouraged to contact the planning department prior to the submission of the application for discussion of the procedures, standards and criteria which are applicable to the proposed subdivision.
B. The preapplication review shall include a general description of the proposed subdivision, and a sketch map of sufficient scale to convey the scope and layout of the proposed subdivision.
C. Discussions may include the concept, the applicable regulations and standards, comprehensive plan objectives and specific problems with the proposed subdivision, such as impacts on roads, schools or potential conflicts with surrounding land uses. (Ord. 501, 11-18-2008)
12-642: PRELIMINARY PLAT, CONTENTS OF APPLICATION:
A. Application form, available in the planning department to be completely filled out, including legal owner’s signature (or a letter from the holder of legal title authorizing the application to file for the subdivision), and a copy of purchasing agreement.
B. One print of a preliminary plat prepared by an Idaho licensed surveyor showing the parcel or parcels to be divided clearly and legibly drawn at a scale suitable to ensure the clarity of all lines, bearings and dimensions. This plat shall include the following:
1. Subdivision name, geographic grid (township, range and tier section number and location within the section), north arrow, and vicinity map showing location and boundary of the proposed tract and existing road pattern in the vicinity.
2. Boundary lines of the tract to be subdivided drawn to scale, together with intersecting property lines, abutting public and private roads, and names and addresses of adjoining owners shown in their respective places of ownership on the plat.
3. The location, dimensions and area (in acres) of proposed lots. All proposed lots shall be numbered or in a systematic order.
4. The location, dimensions and tentative names of proposed streets and roads.
5. Sufficient contours to show the shape of the land and extending at least one hundred feet (100') beyond the subdivision limits (use of USGS map acceptable).
6. Location of all watercourses, floodplains as delineated on flood insurance rate maps or base flood elevations, the elevations derived from flood insurance rate maps, and approximate areas subject to inundation of stormwater overflow.
7. Existing wells, springs, wetland boundaries as depicted on national wetlands inventory maps or as delineated by a professional authorized by the U.S. army corps of engineers to perform wetland delineations, drainage channels, overhead and underground utility lines, structures, sanitary sewers and culverts within the tract and immediately adjacent thereto.
8. Proposed method of water supply, sewage disposal and solid waste disposal.
9. All easements of record, including sufficient recording data to identify the conveyance.
10. All parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated.
11. A statement setting forth the intended land use of the parcels, i.e., residential, agricultural, commercial, industrial or other appropriate land use classifications.
C. The application shall be accompanied by the following:
1. Application fee as set forth at section 12-265 of this title.
2. Preliminary subdivision road design plan and profile, prepared, stamped and signed by an Idaho licensed engineer demonstrating ability to comply with the minimum applicable road standards for all new or reconstructed roads proposed to serve the subdivision.
3. Any other information required by this title or necessary for consideration of the application. (Ord. 501, 11-18-2008; amd. Ord. 681, 10-12-2022; Ord. 682, 10-12-2022)
12-643: SUBDIVISIONS, PROCEDURE FOR PROCESSING PRELIMINARY PLAT:
A. The applicant shall file an application for a preliminary plat with the planning department, pursuant to the procedures of section 12-268 of this title.
B. The Zoning Commission shall hold the public hearing on the application for preliminary plat, in accord with the procedures set forth in subchapter 2.6 of this title. The commission shall consider the application for the preliminary plat, any comments received, the facts on the record and may:
1. Recommend approval of the application for preliminary plat, as presented;
2. Recommend approval of the application for preliminary plat, as modified in any particular;
3. Continue the public hearing on the preliminary plat pending changes to be made in the application, the subdivision design or the receipt of additional information; or
4. Recommend denial of the application for preliminary plat.
C. The Zoning Commission shall make its recommendation to the board, at the close of the public hearing, explaining the reasons for its recommendation and citing the ordinance standards and comprehensive plan provisions used in making its recommendation and findings and conclusions in support of its recommendation.
D. Upon receipt of the Zoning Commission recommendation, the planning director shall proceed to schedule the application for preliminary plat for the next available public hearing date before the board, allowing sufficient time for published public notice at least fifteen (15) days prior to the date of the public hearing in one issue of the official county newspaper, and mailed notification to landowners as required at section 12-217 of this title. Such notices shall contain the applicant’s name, a description of the proposed subdivision, its general location and the date, time and place of the public hearing.
E. The board shall hold the public hearing on the application for preliminary plat, in accord with the procedures set forth in subchapter 2.6 of this title. The board shall consider the facts of the application, any comments received, the facts on the record, the relevant ordinance standards and comprehensive plan provisions, testimony and evidence received at the public hearing conducted by the Zoning Commission, the recommendation of the Zoning Commission, and any action taken by an affected city council.
F. The board may:
1. Approve the application for preliminary plat, as presented;
2. Approve the application as modified in any particular;
3. Continue the public hearing on the preliminary plat pending changes to be made in the application, the subdivision design or the receipt of additional information; or
4. Deny the application for preliminary plat.
G. The board shall set forth its decision in writing explaining the reasons for its decision, and citing the ordinance standards and comprehensive plan provisions used in making its decision and findings of fact and conclusions in support of its decision. If the board denies the application for preliminary plat, the board shall also set forth in writing the actions (if any) the applicant could take to obtain approval.
H. As a part of its decision approving an application for a preliminary plat, the board may require the completion of improvements (such as roads, utilities or stormwater management controls) prior to final plat approval. Improvements not completed prior to final plat approval are subject to surety agreements pursuant to section 12-644 of this subchapter. In addition to the standards set forth in this chapter, the board may stipulate conditions to be placed on the final plat, provided evidence of record is sufficient to so warrant, which may include:
1. Minimizing adverse impacts on adjacent properties;
2. Designating the exact location and nature of development;
3. Requiring the provision of on or off site public facilities or services;
4. Assuring the development is maintained properly;
5. Provisions for setbacks that are greater than the minimum standards set forth in this title to mitigate effects of the development on wildlife, fisheries, wetlands, adjoining properties, or to reduce hazards due to floodplain, floodways, steep slopes or other physical constraints of the land, provided evidence is deemed sufficient to warrant greater setbacks;
6. Safeguards to protect adjoining properties.
I. The preliminary plat shall be valid for a period not to exceed two (2) years from the date of approval. At any time prior to the expiration date of the preliminary plat, an applicant may make a written request to the planning director for a single extension of the preliminary plat for a period up to two (2) years. The board may consider such request for extension at any regular business meeting. The extension request must be approved or denied prior to the expiration date of the preliminary plat. (Ord. 501, 11-18-2008; amd. Ord. 661, 3-18-2022)
12-644: IMPROVEMENT PLAN REQUIRED, CONTENTS:
A. After the preliminary plat is approved, the subdivider shall have an improvement plan for the subdivision prepared by a registered civil engineer. Two (2) copies of the improvement plan shall be filed with the county engineer. This plan shall include the following:
1. The subdivision name and number, geographic grid (township, range and tier, section number and location within the section), north arrow, date and scale no smaller than one hundred feet to the inch (1" = 100').
2. The plan and profile of all proposed roads showing final grades and cross sections of roads in accord with the requirements contained in title 2 of this code.
3. The plan and profile of proposed sanitary and stormwater systems with grades and sizes indicated. Drain calculations may be required.
4. A grading plan, showing stormwater drainage for each lot.
5. Any other improvements such as curbs, gutters, sidewalks, bridges, lift stations, fire hydrants, streetlighting, etc., as required, and in accord with the requirements contained in title 2 of this code.
B. The county engineer, or his representative, shall check inspection reports of the applicant's engineer and shall perform a final inspection and additional inspections (if called for). Construction and inspection of road improvements shall be completed in accord with the requirements contained in title 2 of this code or appendix A of this title.
C. In lieu of completing all improvements as required before final plat recording, the subdivider shall enter into a surety agreement with the board agreeing to complete the improvements in accordance with surety agreement conditions and preliminary and final plat approvals. A cash deposit, certificate of deposit, corporate surety bond written by an insurance company licensed in Idaho having a rating from AM Best & Company of "A" or better, letter of credit issued and backed by a federal or state chartered bank, is required equivalent to one hundred fifty percent (150%) of the project engineer's estimated cost of construction of the improvements for the purpose of guaranteeing completion of the work and repair of any defects in improvements which occur within one year of the first acceptance of the completed work by the board. Sureties guaranteeing the work and repair of any defects in improvements which occur within one year after first acceptance of the completed work by the board may be reduced by the board by one-half (1/2) for that one year. The surety agreement shall be valid for a period not to exceed two (2) calendar years from the date of approval. At any time prior to the expiration date of the surety agreement, the subdivider may make a written request to the planning director for a single extension of the surety agreement for a period up to two (2) years. The board may consider such request for extension at any regular business meeting. The extension request must be approved or denied by the board prior to the expiration date of the surety agreement. (Ord. 501, 11-18-2008)
12-645: STANDARDS FOR REVIEW OF APPLICATIONS FOR PRELIMINARY PLATS OF ALL SUBDIVISIONS:
The Zoning Commission shall apply the following standards in making its recommendation, and the board shall apply the following standards in rendering its decision on all applications for preliminary plat:
A. The proposed subdivision is in accord with the purposes of this title and of the zone district in which it is located.
B. The site is physically suitable for the proposed development.
C. The design of the proposed subdivision will not adversely impact Bonner County’s natural resources, as identified in the comprehensive plan. Any adverse impacts or potential for impacts shall be mitigated as a condition of approval.
D. The public and private services, including, but not limited to, water, sewer services, solid waste, fire protection, emergency services, and school facilities and transportation, which will serve the proposed subdivision are adequate for the needs of future residents or users.
E. The proposed subdivision will not cause circumstances to exist that will cause future residents or the public at large to be exposed to hazards to health or safety.
F. The design of the proposed subdivision or related improvements will provide for coordinated access with the county system of roads and with adjacent properties, and will not impede the use of public easements for access to, or through the proposed subdivision. The proposed transportation system is designed to adequately and safely serve the future residents or users without adversely impacting the existing transportation system by reducing the quality or level of service or creating hazards or congestion.
G. The proposed subdivision is designed to comply with the design criteria for subdivisions set forth in subchapter 6.2 of this chapter. (Ord. 501, 11-18-2008; amd. Ord. 661, 3-18-2022)
12-646: FINAL PLAT, CONTENTS:
The final plat shall conform with the following items:
A. A distinct subdivision name, consistent with the provisions of Idaho Code section 50-1307. For the purposes of this section, the subdivision name shall be considered distinct if the exact name, either pronounced the same or similarly spelled, has not been used previously.
B. Names of the subdivider and the engineer or surveyor.
C. The "initial point" and description thereof, shall be indicated on the drawing and the location and description in conformance with Idaho Code.
D. Street lines of all existing or recorded streets, principal property lines, patent lines, Township lines or section lines, intersecting, crossing or contiguous to the subdivision (which should be mathematically tied to the lines of the subdivision by distances and bearings) and the status of adjoining property shall be indicated (name of subdivision or unplatted area).
E. The accurate location and description and filing of all monuments shall be in accordance with the Corner Perpetuation and Filing Act, Idaho Code title 55, chapter 16.
F. The length and bearings of the lines of all lots, streets, alleys and easements as laid out, length of arc, points of curvature, radii and tangent bearings in the case of curved lines (the system of lengths and bearings of the boundary lines).
G. All lots shall be numbered consecutively in each block, and each block lettered or numbered as set forth at Idaho Code section 50-1304. Unique block numbers shall be assigned for lots separated by streets, public land, railroad rights- of-way, waterways or any other barriers to the continuity of the development. All streets shall bear the street or road name as it appears on the official road name list.
H. The accurate outline of all property that is offered for dedication for public use, with the purpose indicated thereon and all property owners in the subdivision and conform with Idaho Code.
I. Private restrictions, if any.
J. North point, graphic scale and date.
K. A certificate of a licensed engineer or surveyor of the State to the effect that the plat represents a survey made by him that all of the monuments, shown thereon, actually exist and that their positions are as shown.
L. Location of all watercourses, base flood elevations, the elevations derived from flood insurance rate maps, and approximate areas subject to inundation of stormwater overflow.
M. Wetland boundaries and any proposed easements or easements of record for drainage, channels, overhead and underground utility lines, sanitary sewers and water systems within the tract. (Ord. 501, 11-18-2008; amd. Ord. 590, 6-12-2019)
12-647: ENDORSEMENTS TO BE SHOWN ON FINAL PLAT:
The final plat shall also contain the following information:
A. Owner's certificate. A notarized description of the property encompassed by the plat, dedications and restrictions.
B. A place for the Planning Director's approval.
C. A place for the County Surveyor's approval.
D. A place for Panhandle Health District approval or the Sanitary Restriction as allowed by I.C. 50-1326.
E. A place for Board approval.
F. A place for the County Treasurer's approval.
G. A place for the Recorder's signature.
H. A place for city approval if within an Area of City Impact.
I. A place for the lienholder's approval. The lienholder's approval may be excluded from any plat that does not contain dedications of land to the public, provided the landowner proves the lienholder has received notice by certified mail of the pending subdivision. (Ord. 501, 11-18-2008; amd. Ord. 524, 1-11-2012; Ord. 607, 7-22-2020)
12-648: PROCEDURE FOR FINAL PLAT REVIEW AND APPROVAL:
A. Upon the payment of final plat check fees, as set forth at section 12-265 of this title, and receipt of a copy of a current preliminary title report, and one blueprint copy of the proposed final plat, the Planning Director shall cause a review of the proposed final plat to verify conformance with the provisions of this title and the conditions of preliminary plat approval.
B. The applicant shall prepare a final plat which conforms to the requirements for final plats set forth at Idaho Code section 50-1304, bearing the endorsement certificates as required at section 12-647 of this subchapter and Idaho Code title 50, chapter 13.
C. Upon receipt of such plat, and the payment of the plat checking fee as set forth at section 12-265 of this title, the Planning Director shall cause an examination of such plat by endorsing agencies and a licensed surveyor, registered in the State of Idaho for checking in accordance with the requirements of Idaho Code section 50-1305. When such agencies have signed the plat and all plat certificates, except those of the Board, Recorder and Planning Director have been endorsed, the Planning Director shall place the request for final plat approval on the agenda for the next available meeting of the Board of County Commissioners.
D. The Board shall approve the final plat when:
1. The final plat conforms to the requirements of Idaho Code and this Code; and
2. The final plat conforms with the approved preliminary plat; and
3. The conditions of preliminary and final plat approval have been completed or financially guaranteed pursuant to the provisions of this chapter.
E. The Board may continue consideration of the final plat approval to a date and time certain to allow receipt of additional information regarding any aspect of the final plat or its conditions of approval. (Ord. 501, 11-18-2008)
12-649: DIGITAL SUBMISSION OF FINAL PLAT:
A. In addition to the hard copy final plat submitted for recordation, applicants are required to submit a digital copy of the subdivision plat. The digital copy submission shall not substitute for any contents of the final plat listed above. The digital copy submission will expedite the subdivision process as well as provide economies in maintaining an accurate Countywide parcel base map in geographic information systems. The following are required:
1. Digital files should be submitted in AutoCAD or other approved computer aided drafting (CAD) software format with a submission form or directly to the Geographic Information Systems Department via e-mail.
2. The digital files should be named according to naming conventions.
3. The digital file should include all appropriate layers.
4. There shall be an indication of whether the submission is tied to control and to which control.
5. If projected, the projection parameters should be provided with the file. (Ord. 572, 10-25-2017)
12-650: APPLICATION/CONTENTS OF PRELIMINARY PLATS FOR SHORT PLAT PROCEDURE:
A. Purpose: To define the procedures for which an administrative approval may be granted for the development of five (5) to ten (10) lots; to encourage small scale development which conforms to the intent and scope of the Bonner County comprehensive plan by providing a means for land development other than the regular subdivision process; and to expedite the subdivision approval of developments that conform with the comprehensive plan and this chapter. The procedures of a regular subdivision apply to the short plat with the exceptions as outlined in this section.
C. Permit Required: Lots created by a short plat, shall only be eligible for one short plat for a period of not less than two (2) years. Land divisions done prior to the end of the two (2) year period shall be processed as a subdivision.
D. Contents: The contents of the preliminary short plat shall include all of the items set forth in subchapter 6.2 of this chapter. (Ord. 557, 11-10-2016; amd. Ord. 607, 7-22-2020)
12-651: SHORT PLAT, PROCEDURE FOR APPROVAL OF PRELIMINARY SHORT PLAT:
A. The applicant shall file an application for a preliminary short plat with the planning department, pursuant to the procedures of section 12-268 of this title.
B. Upon the determination of the planning director that an application is complete, the planning department shall:
1. Send copies of the application, by first class mail, to public agencies and entities pursuant to section 12-268 of this title.
2. Provide notice of the proposed short plat by first class mail to all property owners of record within three hundred feet (300') of the external boundaries of the land being considered. The notice shall, at a minimum, include the applicant's name, a description of the proposed short plat and the general location of the property. The notice shall advise of a thirty (30) day written comment period beginning the day after notice is mailed.
3. Provide notice to the official county newspaper of record. The notice shall provide a summary of the proposal and advise of the thirty (30) day comment period.
4. When a short plat is in an area of city impact (ACI) the notice requirement shall be forty (40) days.
C. At the close of the comment and review period and upon a determination by the planning director that the agency review comments have been addressed by the applicant, the planning department shall issue a staff report containing, at a minimum, proposed findings, conclusions and conditions of approval and a recommendation for action. Any response to the staff report by the applicant or interested parties shall be received by the planning department not later than ten (10) days after the issuance of the report.
D. Following the ten (10) day response period, the planning director shall consider the application for the preliminary short plat, any comments received, the facts on the record and the standards for considering the short plat application and may:
1. Approve the preliminary short plat, as presented;
2. Approve the preliminary short plat, as modified in any particular;
3. Continue action on the short plat to a date certain, pending changes to be made in the application, the short plat design or the receipt of additional information;
4. Deny the application for preliminary short plat;
5. Recommend the board conduct a public hearing pursuant to the public hearing noticing requirements and procedures set forth in subchapter 2.6 of this title, based upon the extent of public comment or other contested factors in the case which warrant a full hearing before the board. This option may be selected at any time following the initiation of the review and comment period when evidence of the record supports it, to ensure prompt processing of the application for hearing.
E. The planning director shall render a decision in writing, setting forth the ordinance provisions and standards used, all comments received from the neighbors and agencies, the facts of the application and such conclusions as support the decision. If the planning director denies the preliminary short plat, the planning director shall specify in the decision the actions, if any, which the applicant could take to obtain approval.
F. As a part of its decision approving an application for a preliminary plat, the planning director may require the completion of improvements (such as roads, utilities or stormwater management controls) prior to final plat approval. Improvements not completed prior to final plat approval are subject to surety agreements pursuant to section 12-644 of this chapter. In addition to the standards set forth in this chapter, the planning director may stipulate conditions to be placed on the final plat provided evidence of record is sufficient, which may include:
1. Minimizing adverse impacts on adjacent properties.
2. Designating the exact location and nature of development.
3. Requiring the provision of on or off site public facilities or services.
4. Assuring the development is maintained properly.
5. Provisions for setbacks that are greater than the minimum standards set forth in this title to mitigate effects of the development on wildlife, fisheries, wetlands, adjoining properties, or to reduce hazards due to floodplain, floodways, steep slopes or other physical constraints of the land, provided evidence is deemed sufficient to warrant greater setbacks.
6. Safeguards to protect adjoining properties.
G. The preliminary short plat shall be valid for a period not to exceed two (2) calendar years from the date of approval. At any time prior to the expiration date of the preliminary short plat, an applicant may make a written request to the planning director for an extension of the preliminary short plat for a period up to two (2) years, finding that conditions or applicable regulations have not changed so substantially as to warrant reconsideration of the proposed subdivision with respect to the public health, safety, and general welfare. The planning director may recommend such request for extension at any regular business meeting of the board of commissioners. The extension request must be approved or denied prior to the expiration date of the preliminary short plat.
H. Any determination made by the planning director in the administration of this section may be appealed to the board by notifying the planning director in writing of the intent to appeal within ten (10) calendar days from the date of the determination. Upon receipt of the appeal, the planning director shall schedule the application for a public hearing before the board, allowing sufficient time for notice. The board shall conduct a public hearing and consider the application, in accord with the procedures set forth in subchapter 2.6 of this title.
(Ord. 557, 11-10-2016)
12-652: SHORT PLAT, CONTENTS OF FINAL PLAT, PROCEDURE FOR APPROVAL OF FINAL PLAT:
A. The contents of the final plat for short plats processed under the short plat procedure shall be as set forth in section 12-646 of this chapter.
B. The procedure for processing final plats of short plats utilizing the short plat procedure shall be as set forth in section 12-648 of this chapter. (Ord. 557, 11-10-2016)
12-660: MINOR LAND DIVISION PROCEDURE:
A. Purpose: To ensure that land divisions comply with the applicable zoning regulations; to establish a ministerial review of all land divisions; and to expedite the process for those small divisions of land that conform to the existing zone regulations in which the division lies.
B. Procedure: Applications for a minor land division which contain four (4) or fewer contiguous lots under common ownership may be processed as “minor land divisions” as set forth in this section and section 12-661 of this subchapter; provided, that no planned unit development is requested to accommodate the proposed lot sizes.
C. Permit Required: Lots created by a minor land division, shall only be eligible for one minor land division for a period of not less than two (2) years. Land divisions done prior to the end of the two (2) year period shall be processed as a subdivision or short plat.
D. Application: The application for a minor land division shall include:
1. Application: Prior to recordation of a deed or MLD plat, each application for a minor land division shall be submitted on a form provided by the Planning Department with appropriate fees approved by the Board of County Commissioners.
2. Design Criteria: The MLD shall conform to the following design criteria:
a. Any new and existing easements or roads showing access to each property, considering alignment with existing or planned roads.
b. All proposed lots which are three hundred feet (300') or less in width shall maintain a depth to width ratio of not greater than three point two to one (3.2:1); and lots which are more than three hundred feet (300') in width shall maintain a depth to width ration of not greater than four point two to one (4.2:1). All proposed lots one hundred feet (100') or less in width shall be designed so that the angle of intersection of the side lot lines with the fronting road is between eighty-five (85) and ninety-five degrees (95), for a distance of not less than fifty feet (50') from the point of intersection. Submerged lands are exempt from the requirements herein.
c. Lands below the applicable natural or ordinary water mark, or the applicable artificial high water mark, of any lake, river, stream, channel or other body of public water shall not be counted in the calculations for determining the maximum density for a subdivision. For example, if a forty (40) acre parcel in the R-5 zoning district contains thirty (30) acres submerged under Lake Pend Oreille’s artificial high water mark, then the parcel contains ten (10) “usable” acres for the purpose of determining the maximum density in a subdivision.
d. The division shall be designed around identified natural hazards (highly erosive soils on steep slopes, landslide areas, rock falls, areas of subsidence, floodplains) to protect building sites and roads from damage from such hazards.
e. All plats shall include the sanitary restriction or the sanitary restriction lift per Idaho Code 50-13266.
f. The lot size minimum shall be appropriate for the zone in which the division is located.
g. Resulting lots shall not be divided by boundary of any city, county, zoning designation, railroad right-of-way, or public right-of-way.
(Ord. 501, 11-18-2008; amd. Ord. 557, 11-10-2016; Ord. 581, 10-24-2018; Ord. 591, 10-23-2019; Ord. 696, 7-12-2023)
12-661: ADMINISTRATIVE REVIEW OF MINOR LAND DIVISION:
Upon receipt and review of completeness, the planning and zoning department shall:
A. Review the MLD plat and supplemental information to determine compliance with these ordinances and prepare its report, which shall include comments received from other departments.
B. Distribute the application to the county surveyor, the Assessor, the road and bridge department, GIS and floodplain administrator for review and compliance.
C. Based on the above findings, the planning director shall approve, conditionally approve, or deny the application within ninety (90) days, from the date of a completed application was stamped as received.
D. If administratively approved, the final plat shall be transmitted to the board of county commissioners at the next business meeting for review and possible approval.
(Ord. 557, 11-10-2016; amd. Ord. 591, 10-23-2019; Ord. 696, 7-12-2023)
12-670: READJUSTMENT OF LOT LINES WITHIN PLATTED SUBDIVISION:
A. The procedures set forth in sections 12-671 through 12-673 of this subchapter shall be used to process applications for "minor notational changes", as defined in section 12-813 of this title, and any adjustment of platted lot lines between two (2) or more existing adjacent lots or parcels where land taken from one lot or parcel is added to an adjacent lot or parcel, but not to include readjustments where public right of way is proposed for dedication. Where dedication is proposed, the procedures for short plats, as set forth in this chapter, shall be followed. Applications for readjustment may include:
1. The combining of two (2) or more lots.
2. Any adjustment of lot lines where no additional lots or parcels than originally existed are created; and where no lot or parcel is reduced below the minimum lot or parcel size for the zoning district in which the lots or parcels are located, except that if a lot or parcel is already below the minimum lot or parcel size, the lot or parcel shall not be further reduced in size and none of the reconfigured lots shall be smaller than the smallest original lot or parcel.
B. The board shall retain the authority to make a final determination when any question should arise as to whether the provisions of this section are applicable under any particular circumstance.
(Ord. 501, 11-18-2008; amd. Ord. 591, 10-23-2019)
12-671: APPLICATIONS FOR ADJUSTMENT OF LOT LINES, MINOR NOTATIONAL CHANGES:
A. All applications made pursuant to this section shall be submitted to the Bonner County planning department. Any person contemplating a lot line adjustment/minor notational change is encouraged to contact the planning director prior to submission of the application for discussion of procedures, standards and criteria which are applicable to the proposed application.
B. All applications for readjustments of lot lines and minor notational changes shall include:
1. Paper copies of the final plat prepared by an Idaho licensed professional land surveyor containing the minimum information required at subsection 12-642B3 and sections 12-646 and 12-647 of this chapter, the requirements for plats set forth in Idaho Code title 50, chapter 13, and depicting the location of existing structures and wells.
2. Additional information reasonably required for a thorough review of the application as may be requested by the planning director.
3. A copy of the current preliminary title report.
C. Applications shall additionally include one copy of the plat currently recorded marked to clearly indicate the proposed changes to the plat.
D. No application submitted pursuant to this subsection shall be deemed complete nor any plat recorded, until all fees set forth at section 12-265 of this title have been paid, unless waived by the board.
E. Applications for lot line adjustments shall conform to the design criteria for subdivisions as set forth in sections 12-620 and 12-621, and subsections 12-624 A, D, and E of this chapter. (Ord. 501, 11-18-2008; amd. Ord. 591, 10-23-2019; Ord. 607, 7-22-2020; Ord. 681, 10-12-2022; Ord. 682, 10-12-2022)
12-672: PROCEDURE FOR ADMINISTRATIVE REVIEW AND APPROVAL OF ADJUSTMENTS OF LOT LINES, MINOR NOTATIONAL CHANGES:
A. The applicant shall file an application for a readjustment of lot lines or minor notational change with the planning director, who shall have reasonable time to examine the application to determine its completeness, with regard to the requirements for said application as set forth at section 12-671 of this subchapter. If the application is determined to be incomplete, the planning director shall inform the applicant in writing of additional items or information necessary to complete the application.
B. Upon the determination of the planning director that an application is complete, the planning director shall cause a report to be made specifying whether the application is in conformance with the provisions of this chapter, and if not, the changes that could be made in the application to bring it into conformance.
C. The planning director shall consider the facts of the application and the relevant ordinance standards and shall approve the application as presented or subject to specific modifications upon finding adequate evidence that:
1. No additional lots are being created and no lot is being reduced below the minimum lot size required by zoning; and
2. The proposed lot line adjustment is in accord with the purposes of this title and of the zone district in which it is located.
D. The planning director shall set forth the decision in writing explaining the reasons for the decision, and citing the ordinance standards used in making the decision and findings of fact and conclusions in support of the decision. If the planning director denies the application, the planning director shall also set forth in writing the actions, if any, the applicant could take to obtain approval.
E. Changes in an approved application, resulting in the modification of the terms and conditions of approval, may be approved by the planning director upon a written request by the applicant provided:
1. No additional lots are created;
2. The changes are consistent, and substantially conform, with the original preliminary plat approval; and
3. The changes do not result in any violation of the provisions of this title.
F. Any decision or determination made by the planning director in the administration of the provisions of this section may be appealed to the board as set forth at section 12-261 of this title.
G. The lot line adjustment application approval shall be valid for a period not to exceed two (2) calendar years from the date of approval. Within two (2) years of the approval, the applicant shall submit the final plat to the planning director. At any time prior to the expiration date of the application approval, an applicant may make a written request to the planning director for a single extension of the application approval for a period up to two (2) years. The planning director may consider such request for extension. The extension request must be approved or denied prior to the expiration date of the approval.
H. Upon approval of the lot line adjustment/notational change application, the planning director shall cause a review of the paper copy of the final plat by endorsing agencies to verify conformance with the provisions of this title, conditions of application approval and provisions of Idaho Code title 50, chapter 13.
(Ord. 501, 11-18-2008; amd. Ord. 591, 10-23-2019)
12-673: FINAL PLAT FOR LOT LINE ADJUSTMENTS/NOTATIONAL CHANGES TO BE DRAWN, TIME FOR FILING, SIGNING:
Upon approval of the paper copy of the final plat, the applicant shall cause a final plat to be drawn, suitable for recording and in compliance with the requirements for plats set forth at Idaho Code title 50, chapter 13, and the requirements for final plats set forth in this chapter. The chairperson of the board shall be authorized to sign the final plat upon the receipt of a statement from the planning director confirming that:
A. The final plat conforms to the requirements of Idaho Code and this code; and
B. The final plat conforms with the approved application; and
C. The conditions of approval have been completed or financially guaranteed pursuant to the provisions of this chapter.
(Ord. 501, 11-18-2008; amd. Ord. 591, 10-23-2019)