These regulations shall officially be known and cited as the SUBDIVISION ORDINANCE OF THE CITY OF BONNERS FERRY. (Ord. 495, 12-20-2005)

These provisions are adopted to provide for the orderly division of land within the City, and:

A.   To protect and provide for the public health, safety, and general welfare of Bonners Ferry;

B.   To guide the future growth and development of the City in accordance with the Comprehensive Plan;

C.   To encourage the order and beneficial development of the community's land;

D.   To guide public and private policy in order to provide adequate and efficient streets, sewerage, drainage, parks and public facilities;

E.   To establish standards for development and installation of improvements for subdivisions, including water, sewer, streets and drainage;

F.   To further the orderly layout and use of land, and to ensure proper legal description and monumentation of subdivided land;

G.   To ensure that public facilities and services are available concurrent with development and will have sufficient capacity to serve the subdivision;

H.   To ensure that the community will bear no more than its fair share of any cost of providing services by requiring the developer to pay fees, furnish land, or establish mitigation measures to provide a fair share of capital facilities needs generated by the development;

I.   To assure the adequacy of drainage facilities to safeguard the water table, and to encourage the wise use and management of natural resources to preserve the stability and beauty of the community and the value of the land;

J.   To provide open space through the most efficient design and layout of land, while preserving the density of development as established in the zoning ordinance of Bonners Ferry. (Ord. 495, 12-20-2005)

A.   This title is adopted pursuant to the authority delegated to the City pursuant to article 12, section 2 of the Idaho Constitution, Idaho Code, title 67, chapter 65 and title 50, chapter 13.

B.   The provisions of this title shall be administered to ensure orderly growth and development and shall supplement and implement provisions of the Bonners Ferry Comprehensive Plan, this Code and the capital improvements plan. By virtue of this title the City Council, Planning Commission and administrative staff of Bonners Ferry are vested with the authority to review, approve, approve with conditions, or disapprove applications for subdivision of land. (Ord. 495, 12-20-2005)

A.   The City Council may, by resolution, adopt reasonable fees related to the cost of services associated with review, processing and inspection of subdivision of land.

B.   The City may, as a condition of approval of a subdivision, require mitigation of the effects of development on the ability of the City, and other political subdivisions, to deliver services without compromising quality or imposing substantial additional costs to current residents. (Ord. 495, 12-20-2005)

A.   No building permit will be issued for the construction or development of any building or structure located on a lot or plat subdivided or sold in violation of the provisions of these regulations or State Platting Statutes, nor shall the City have any obligation to issue any certificates of occupancy or to provide utility services to any parcel created or established in violation of these provisions.

B.   Violations of the provisions of this title are subject to compliance or remedy measures as outlined in section 12-1-8 of this chapter. The City shall have recourse to such civil remedies in law and equity as may be necessary to ensure compliance with the provisions of these regulations. (Ord. 570, 9-19-2017)

A.   In their interpretation and application, the provisions of this title shall be held to be the minimum requirements. More stringent provisions may be required if it is demonstrated that such standards are necessary to protect the public health, safety and welfare.

B.   Where any provision of these regulations imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, the provision which is more restrictive or imposes the standards most likely to protect the public health, safety and general welfare shall control. (Ord. 495, 12-20-2005)

A.   Where strict compliance with these regulations and/or the purposes of these regulations may be better served by an alternative proposal, the City Council may approve condition based exceptions to these regulations. The granting of an exception shall not have the effect of nullifying the intent and purpose of these regulations. The City Council will not permit exceptions to conditions unless it finds, based upon the evidence presented to it in each specific case, that:

   1.   The granting of the condition based exception shall not be detrimental to the public safety, health or welfare or injurious to other property; and

   2.   The conditions upon which the condition based exception request is based are unique to the lands for which the relief is sought and are not applicable generally to other lands; and

   3.   Because of the particular physical surroundings, shape or topographical conditions of the specific lands involved, a particular and unnecessary hardship to the owner or the public would result if these regulations are strictly applied; and

   4.   The change sought shall not have the effect of increasing cost or burdens on the City; and

   5.   The change sought shall not be contrary to the zoning ordinance or Comprehensive Plan.

B.   In approving condition based exceptions, the City Council may require conditions that will secure the purposes of this title. A condition based exception is any alternative design, or deviation from subdivision ordinance requirements that is requested by the developer. The exception requested must be in writing and must be included in the notice to be given pursuant to chapter 3 or 5 of this title and reviewed as an integral part of the overall review process as outlined in this title and the recommendation and decision made on the requested exception should be at the time the subdivision is reviewed by the Planning Commission. (Ord. 495, 12-20-2005)

A.   The provisions of this section shall not apply to the following conveyance of any lot or parcel of real property:

   1.   Exempt from the definition of "subdivision", as provided for in this chapter;

   2.   Identified in a recorded final plat after the date of recording.

B.   This section shall not bar any legal, equitable or summary remedy to which the City, other public agency or any person may otherwise be entitled. The City 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 City 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.

D.   For the purposes of the administration of this section, the following shall be considered in compliance:

   1.   Any lot or parcel which is described on a recorded legal instrument of conveyance prior to December 29, 2005;

   2.   Any lot or parcel for which a valid building permit has been issued by the City, where on development has occurred and a use has been established in reliance on that permit;

   3.   Any lot or parcel which is described on a recorded legal instrument of conveyance prior to April 27, 2017, that does not meet lot size or lot dimensional standards.

E.   Any division of land determined by the City to be in violation of this title shall either seek remedy as outlined within this section or shall seek compliance with the laws in affect at the time the division occurred. Compliance with current subdivision laws shall be considered compliance with the law. (Ord. 570, 9-19-2017)

For the purposes of this title, the following terms, phrases and words will have the meanings given in this chapter or as defined in Idaho statute:

   ALLEY: A right of way designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

   BLOCK: A group of lots, tracts or parcels within well defined and fixed boundaries established by plat.

   CITY ENGINEER: The city administrator or his designee for a particular project.

   CONDOMINIUM: An estate consisting of an undivided interest in common real property, together with a separate interest in a unit in a project in accordance with title 55 of the Idaho Code.

   CUL-DE-SAC: A street closed at one end by a circular area of sufficient size for turning vehicles around.

   DEDICATION: An act conveying property rights or interests.

   DEVELOPER: The person, party, or corporation who is proposing to develop or divide property.

   DOUBLE PLUMBING: The developer, builder, developer or contractor shall be responsible for installing an acceptable subsurface sewage disposal system, and shall also be responsible for installing a sewer line from the point where the sewer line to subsurface disposal system leaves the building to the future sewer collection line at the property line or within the public right of way.

   FINAL PLAT: The final drawing of the subdivision and dedication prepared for filing for record with the county recorder and containing all elements and requirements set forth in the Idaho Code and this title.

   LOT: A designated parcel of land established pursuant to title 50, chapter 13 of the Idaho Code.

   MUTCD: "Manual On Uniform Traffic Control Devices", latest edition.

   OFF SITE: Not located on the property that is the subject of a development application nor on a contiguous portion of a street or right of way.

ON SITE: Located on the lot in question or on the land being subdivided.

   OPEN SPACE: Land, essentially free of structures, set aside, dedicated, designated, or reserved for the public or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

   PARCEL: A unit of land of contiguous quantity in the ownership of one person or entity and constituting a separate tract of land.

   PLAT: A reproducible or permanent drawing of a subdivision and dedications and easements, prepared for filing and recording with the county recorder in accordance with provision of title 50, chapter 13, Idaho Code.

   PRIVATE STREET: A street, road, or drive, which is not a dedicated and accepted public right of way for public use, and is not maintained by the city of Bonners Ferry.

   SEWERAGE SYSTEM: All sewerage collection systems, community septic tank and drainfield, pump stations, interceptor and appurtenances that are utilized or will be utilized to transport, treat and dispose of sewage.

   STREET: A public right of way, which provides vehicular and pedestrian access to adjacent properties, that dedication of which has been officially accepted by the city of Bonners Ferry. The term "street" also includes the terms highway, parkway, road, avenue, land, place and other such terms.

   SUBDIVISION: The division of any parcel of land into two (2) or more lots, parcels, tracts or sites that meet the criteria for the purpose of sale, lease, transfer or development, subject to the exemptions set forth in this title.

   SUBDIVISION PLAN: Both written information and all maps, plans or plats that together fully describe a proposed subdivision as required by this title. (Ord. 495, 12-20-2005)

When not inconsistent with the context, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory, unless the express language of the ordinance provides otherwise. Except as expressly defined herein, words used in this title shall be given their ordinary meaning consistent with common usage and context. (Ord. 495, 12-20-2005)

Every division of land into two (2) or more lots, tracts, parcels, sites or divisions, regardless of lot size, whether immediate or future, for the purpose of sale, lease, transfer or development within the incorporated area of Bonners Ferry that does not meet the criteria for a minor subdivision under chapter 5 of this title shall proceed in compliance with this chapter. (Ord. 495, 12-20-2005)

The provisions of this chapter shall not apply to the following:

A.   The transfer of land between two (2) adjacent property owners, which does not result in the creation of any additional building site.

B.   Any division of land made by testamentary provision or the laws of descent. Parcels of land so created must comply with lot size, frontage, and other standards established by this code and other applicable laws to be eligible for a building permit or to qualify for establishment of an authorized land use.

C.   Any acquisition or division of land by a public agency for public right of way or public utility purposes. (Ord. 495, 12-20-2005)

Any person who undertakes a subdivision shall submit to the city a preliminary subdivision plan.

Upon preliminary staff review and action on any comments, the developer shall submit a proposed subdivision plan for planning and zoning review and distribution to other affected entities. The developer shall submit one full sized subdivision plan and one subdivision plan in eleven inch by seventeen inch (11" x 17") format. Details and specifications shall conform to the standards described in section 12-3-4 of this chapter and the Idaho Code.

Each application shall be accompanied by a fee of an amount established by resolution of the council. (Ord. 495A, 5-16-2006)

A.   Proposed Subdivision Application Plan Standards: Every subdivision plan shall consist of one or more legible maps, together with legible written data, and will be considered together. Applicants shall fully and clearly disclose the following information and additional information requested by the city due to the site and other special considerations: (Ord. 495A, 5-16-2006)

   1.   The name of the proposed subdivision;

   2.   The legal description of the land contained within the subdivision;

   3.   The names, mailing addresses and telephone numbers of all persons, firms and corporations holding interests in said land and proof of ownership and consent from any lien holder granting authorization to subdivide the property;

   4.   A list, prepared by a title company licensed to do business in the state of Idaho, of the names and mailing addresses of all property owners whose property is within or adjacent to the area bounded by lines three hundred feet (300') from the external boundary of the entire proposal area and others as required by the city. Such list shall be provided on self-adhesive labels in the number of copies necessary for the hearing(s) scheduled;

   5.   The name, a mailing address and telephone number of the engineer, surveyor or other person that prepared the plan;

   6.   The location of the boundary lines of the proposed subdivision in relation to section, quarter section and quarter-quarter section lines and any adjacent corporate boundaries of the city which are part of the legal description of the property;

   7.   The boundaries and dimensions of all blocks and lots within the proposed subdivision together with the numbers proposed to be assigned each block and lot;

   8.   A data table showing the number of lots, the smallest, largest and average lot area within the proposal site, the total acreage of the entire proposal area, and the density in lots per acre;

   9.   A statement of proposed provisions for irrigation/domestic water supplies and sewage disposal;

   10.   A statement of proposed provisions for gas, electricity, telephone, and cable television, together with the proposed location of those facilities.

   11.   A sketch map of the general vicinity in which the land proposed for subdivision lies;

   12.   Any existing or proposed easements and right of way dedications;

   13.   All proposed streets; width, curbs, swales, sidewalks and proposed street names shown;

   14.   All adjacent streets including swales, curbs and sidewalks;

   15.   Location of existing structures and setbacks from proposed lot lines and streets;

   16.   Location, dimensions and area of all parcels of land to be set aside for parks, open space, or other public use or for the use of property owners in the proposed subdivision;

   17.   Proposed covenants and restrictions;

   18.   Development phases, or stages, if the project will be done over several years;

   19.   Preliminary construction plans and profiles for the subdivisions which shall include:

      a.   Proposed utility infrastructure plan, including storm sewers, sanitary sewer plan, water line locations, and easements for electric power, gas, and cable television;

      b.   Road centerlines, grades, typical cross sections, and special cuts and fills;

      c.   General grading plan showing ultimate surface water flow patterns;

      d.   Pedestrian circulation plans;

      e.   General right of way landscape plan;

      f.   Traffic studies, if required by the city engineer;

      g.   Areas of cuts or fills of more than four feet (4').

B.   Request For Comment Package: Upon the receipt of a proposed subdivision plan for processing, the city shall provide one copy of the completed application, a vicinity map, showing the proposed subdivision and surrounding area on eleven inch by seventeen inch (11" x 17") paper to be provided by the city to each of the following agencies and provide the agency an opportunity to provide comment to the city:

   1.   Panhandle health district;

   2.   City fire chief;

   3.   Boundary County school district;

   4.   Post office;

   5.   All affected utilities.

C.   Public Hearing: Once the city staff has reviewed the application, has prepared a staff report, and coordinated with the developer so that the application is complete and that sufficient information regarding the proposal can be provided for the planning and zoning commission, the matter will be placed on the next available planning and zoning commission agenda, within Idaho Code required notification requirements, for a public hearing.

D.   Preliminary Plat Submitted: Prior to planning and zoning review, the preliminary plat shall be submitted to the county for review of the subdivision name and street names.

E.   Notice Of Public Hearing: At least fifteen (15) days prior to the public hearing, notice of the time and place and a summary of the proposal, including any proposed exceptions, shall be published in the official newspaper of the city. Additional notice shall be provided by mail to property owners and purchasers of record within three hundred feet (300') of the external boundaries of the land being considered and any additional land that may be substantially impacted by the proposed subdivision as determined by the city staff. When notice is required to two hundred (200) or more property owners or purchasers of record, extraordinary notice may be given as provided by state law. Notice will also be posted on the property in accordance with posting standards concerning land use matters. The posted notice will be provided and posted by the city. The applicant shall bear all costs of publication, mailing of the notices, and posting on the property.

F.   Planning And Zoning Commission Recommendation: After the planning and zoning commission has reviewed the proposed subdivision plan at the public hearing, the commission shall forward a recommendation to the city council. The commission shall recommend approval, approval with conditions, or disapproval of the proposed subdivision with reasons as soon as practicable. The city staff shall notify the developer, in writing, of the recommendation of the commission and any recommended conditions or changes requested and shall advise the developer that the subdivision will be placed on the agenda of the city council only upon the developer's request.

G.   City Council Decision: Upon receipt of a request that the proposed subdivision be placed on the council agenda, the city clerk will place the proposed subdivision request on the next available council agenda. The city council, upon receipt of recommendations from the planning and zoning commission, and after opportunity to review the file and minutes from the public hearing, shall act upon the request. The city council may approve, approve with conditions, disapprove the subdivision, or schedule an additional public hearing. City staff will notify the developer in writing of the decision of the city council.

H.   Standards For Planning And Zoning Commission Or City Council Approval:

   1.   Definite provisions have been made for a water supply system that is adequate in terms of quantity and quality for the type of subdivision proposed.

   2.   Adequate provisions have been made for a public sewage system and that the existing municipal system can accommodate the proposed sewer flows.

   3.   Proposed streets are consistent with the transportation plan, the transportation element of the comprehensive plan, and city street department interest.

   4.   All areas of the proposed subdivision which involve soil or topographical conditions presenting hazards have been identified and that the proposed uses of these areas are compatible with such conditions.

   5.   The area proposed for subdivision is zoned for the proposed use and the use conforms to other requirements found in this code.

   6.   Construction plans meet the design and improvements standards of all affected entities.

   7.   Existing city infrastructure is adequate to serve the proposed development.

   8.   The developer has made adequate plans to ensure that the community will bear no more than its fair share of costs to provide services by paying fees, furnishing land, or providing other mitigation measures for off site impacts to streets, parks, and other public facilities within the community. It is the expectation that in most cases, off site improvements will be dealt with through the agreements.

I.   Commencement Of Construction: Upon review and approval of the final construction plans by the city council, the developer may proceed with construction of the subdivision. No construction of any kind, other than removal or stripping of topsoil, shall take place on the site prior to those approvals.

J.   Approval Duration: Failure to file the final plat application within eighteen (18) months after action by the city council shall cause all approvals of said subdivision plan to be null and void, unless an extension of twelve (12) months has been applied for by the developer and approved by the council. All requests for extension should be applied for in advance of expiration and council approval shall be based on the merits of the request and whether actual work has been commenced and is continuing on the installation of the improvements.

   1.   Changes, Alterations Or Deletions: After approval of the preliminary subdivision plan and construction plan the city engineer may, in writing, approve minor changes of the plan. If the amendment is major or involves a substantial change in the conditions of approval, the same procedures for a public hearing for subdivision plan approval must be followed to address the requested amendment.

K.   Phasing Of Subdivisions:

   1.   Subdivisions may be phased, to be developed in portions periodically according to a proposed schedule, so long as each phase contains all of the necessary improvements to function as a subdivision without the completion of any of the other phases. The developer shall provide detailed plans for phasing at the time of application. The plans shall show proposed phasing boundaries, proposed interim or temporary solutions to utility systems and to the handling of traffic on local streets within the subdivision and shall be accompanied by a narrative description of assurance of completion of permanent system improvements.

   2.   A phasing plan shall coordinate required infrastructure systems, dedications, off site improvements, open space/parks, landscaping, private utilities, or other elements of a subdivision. The plan may indicate times of triggering mechanisms for improvements. (Ord. 495, 12-20-2005)

Every final plat required by this title shall be prepared in accordance with title 50, chapter 13 of the Idaho Code as it now exists or is subsequently amended. (Ord. 495, 12-20-2005)

The original and four (4) copies of the final plat shall be submitted to the city for council review and approval that the plat meets all of the requirements of the Idaho Code, this title and the subdivision plan approval, including any conditions imposed by the city council, and that all required on site and off site public improvements have been completed and are ready for acceptance by the city or have been suitably guaranteed. (Ord. 495, 12-20-2005)

A.   Before recordation, the developer shall install required improvements and repair any existing streets and other public facilities damaged in the development of the subdivision, or execute and file with the council a secured agreement between himself and the city of Bonners Ferry, specifying the period within which required improvements and repairs shall be completed. The agreement shall also contain a provision that the developer shall be responsible for the successful operation and all repairs to the improvements for a two (2) year period following their installation. The agreement shall be accompanied by a surety bond, cash deposit, certified check, irrevocable letter of credit or other form of security approved by the city attorney, in the amount of one hundred fifty percent (150%) of the estimated cost of construction for the improvements to be completed. In the event that the developer does not meet timely completion of the improvements, the city may proceed against the guarantee. If the cost of completion of the improvements exceeds the amount of the guarantee, the city may recover the full cost and expenses thereof from the developer. The two (2) year warranty shall be accompanied by a bond or some other security acceptable to the city in an amount equal to twenty five percent (25%) of cost of the total improvements.

B.   It shall be a requirement of compliance with this title that a development agreement and a construction improvement agreement be entered into prior to recordation of a subdivision plat and approval by the city if any physical construction of subdivision improvements has not been completed prior to recordation of the plat and a capital facilities guarantee agreement shall be entered into prior to acceptance of the improvements by the city.

C.   For a phased subdivision, the required bonding shall be for the phase which is being developed. (Ord. 495, 12-20-2005)

When staff review of the final plat is completed and all required terms and conditions are satisfied, the final plat will be submitted to the city council for approval. The council shall review the subdivision and plat and, upon finding that all of the requirements have been satisfied, shall authorize the mayor and the city clerk to sign the plat. The city engineer's signature shall be the final approval assigned to the plat. (Ord. 495, 12-20-2005)

After the plat is signed by the mayor, city clerk and city engineer, the developer shall record the plat with the county recorder, and provide the city with a reproducible copy of the recorded plat and a digital file of the plat on CD or DVD in AutoCAD format acceptable to the Boundary County assessor's office. (Ord. 495, 12-20-2005)

The division of land into four (4) or fewer contiguous lots, parcels, tracts or sites may be considered a minor subdivision provided it meets all criteria outlined in this section. If any one of the following criteria is not met, the developer must file a regular subdivision plat as outlined in this title. A minor subdivision shall be subject to all development standards established by this title. The proposed minor subdivision and all of the proposed development shall meet the following criteria:

A.   Comply with all minimum standards and requirements of the zoning ordinance, and shall not require a zone change;

B.   All lots shall maintain frontage on and access onto an existing public street meeting the city street standards and the standards contained herein. Dedication of additional right of way for future improvements may be required as a condition of approval;

C.   At the time of preliminary plat submittal, all lots shall have adequate sewer and water services available to the subdivision;

D.   The subdivision does not require extensions or improvements to sewer or water mains other than individual lateral connections to serve the future lots, including installation of booster stations, pressure mains, and lift stations. (Ord. 560, 1-3-2017)

The provisions of this chapter shall not apply to the following:

A.   The transfer of land between two (2) adjacent property owners, which does not result in the creation of any additional lot or parcel.

B.   Any division of land made by testamentary provision or the laws of descent. Parcels of land so created must comply with lot size, frontage, and other standards established by this code and other applicable laws to be eligible for a building permit or to qualify for establishment of a regulated land use.

C.   Any acquisition or division of land by a public agency for public right of way purposes. (Ord. 560, 1-3-2017)

An application for a minor subdivision must be submitted to the city with the following:

A.   A fee if an amount is established by resolution of the council;

B.   Proof of ownership and consent from any lienholder granting authorization to subdivide the property;

C.   One full sized copy of the proposed plat, one eleven inch by seventeen inch (11" x 17") copy of the proposed plat, and one digital copy of the proposed minor subdivision, prepared by a surveyor licensed in the state of Idaho, and which shall contain all applicable items listed at subsection 12-3-4A of this title and shall be prepared in accordance with title 50, chapter 13 of the Idaho Code as it now exists or is subsequently amended. (Ord. 560, 1-3-2017)

A.   The applicant shall file an application for a preliminary minor plat with the city, pursuant to the procedures of this title.

B.   Upon the determination of by the administrator that an application is complete, the city shall:

   1.   Provide copies of submitted documents, as necessary, by first class mail to agencies, departments and jurisdictions, which, in the judgment of staff, may be affected by the proposal, allowing not less than fourteen (14) days for response.

   2.   Provide notice of the proposed subdivision 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 subdivision and the general location of the property. The notice shall advise of a fourteen (14) day written comment period beginning the day after notice is postmarked.

   3.   Provide notice to the official county newspaper of record. The notice shall provide a summary of the proposal and advise of the fourteen (14) day comment period.

C.   At the close of the comment and review period and upon a determination by the administrator that the agency review comments have been addressed by the applicant, the administrator shall issue a staff report containing, at a minimum, proposed findings, reasoned decision 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 city not later than ten (10) days after the issuance of the report.

D.   Following the ten (10) day response period, the administrator shall consider the application for the preliminary minor plat, any comments received, the facts on the record and the standards for considering the subdivision application and may:

   1.   Approve the preliminary minor plat, as presented;

   2.   Approve the preliminary minor plat, as modified;

   3.   Continue action on the minor plat, pending changes to be made in the application, the subdivision design or the receipt of additional information;

   4.   Deny the application for the preliminary minor plat;

   5.   Recommend the council hold a public hearing pursuant to the public hearing noticing requirements and procedures set forth in Idaho Code 67-6509, based upon the extent of public comment or other contested factors in the case which warrant a full hearing before the council. 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 administrator shall render a written decision, setting forth the ordinance provisions and standards as provided for at subsection 12-3-4H of this title, the facts of the application and such conclusions that support the decision. If the administrator denies the preliminary minor plat, the administrator shall specify in the decision the actions, if any, which the applicant could take to obtain approval.

F.   As a part of the decision for approving an application for a preliminary plat, the administrator 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.

G.   The preliminary minor 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 minor plat, an applicant may make a written request to the administrator for an extension of the preliminary minor plat for a period up to two (2) years. The administrator shall consider such request for extension and the request must be approved or denied prior to the expiration date of the preliminary plat.

H.   Any determination made by the administrator in the administration of this section may be appealed to the council by notifying the city in writing of the intent to appeal within ten (10) calendar days from the date of the written determination. Upon receipt of the appeal, the administrator shall schedule the application for a public hearing before the council, allowing sufficient time for notice. The council shall conduct a public hearing and consider the application, in accordance with the noticing procedures set forth in Idaho Code 67-6509. (Ord. 560, 1-3-2017)

A.   The contents of the final plat for minor subdivisions processed under the minor plat procedure shall be as set forth in chapter 4 of this title.

B.   The procedure for processing final plats of minor subdivisions utilizing the minor plat procedure shall be as set forth in chapter 4 of this title. (Ord. 560, 1-3-2017)

All plats submitted pursuant to the provisions of this title and all subdivisions, development, improvements and facilities done, constructed or made in accordance with said provisions shall comply with the minimum design standards set forth hereinafter in this chapter; provided, however, that any higher standards adopted by Idaho transportation department, federal agencies, health agency, or any other agency with jurisdiction shall prevail over those set forth herein. (Ord. 495, 12-20-2005)

It shall be the responsibility of the developer of every subdivision or minor subdivision to have prepared by a registered engineer, a complete set of construction plans, including profiles, cross sections, specifications and supporting data, for all required streets, streetlights, utilities and other facilities. Such construction plans shall be based on the approved subdivision, and shall be prepared in conjunction with the final plat. The planned improvements must be constructed prior to filing of said final plat in accordance with terms of surety accepted by the city. All construction plans shall be prepared in accordance with the following conditions and specifications, any public agency having jurisdiction and any applicable codes and standards. (Ord. 495, 12-20-2005)

A.   Streets: Public streets and roads are required up to all individual parcels or lots.

B.   Alleys: Alleys shall be provided in multiple dwelling or commercial subdivisions unless other provisions are made for service access and off street loading and parking. Dead end alleys shall be prohibited in all cases. Dedicated alleys shall have a minimum width of twenty feet (20') and be completed by the developer.

C.   Cul-De-Sac: Cul-de-sac or dead end streets, designed to be so permanently, shall not be longer than three hundred feet (300') and shall be provided at the closed end with a turnaround having an outside diameter of eighty feet (80') curb face to curb face and a street property line diameter of at least one hundred feet (100').

D.   Intersections: Intersections shall conform to the following:

   1.   Angle Of Intersection: Streets shall intersect at ninety degrees (90°) or as closely thereto as possible and in no case shall streets intersect at less than seventy five degrees (75°).

   2.   Sight Triangle: Per Idaho Code 49-221.

   3.   Number Of Streets: No more than two (2) streets shall cross at any one intersection.

   4.   "T" Intersections: "T" intersections may be used wherever such design will not restrict the free movement of traffic.

E.   Street Names: The naming of streets and issuing of addresses shall conform to the current city ordinances and policies.

F.   Street Name Signs: Street name signs shall be installed in the appropriate locations at each street intersection in accordance with the local standards and the MUTCD. The developer shall install the signs and/or pay the actual costs for signs installed by the city as determined by the city.

G.   Street Lighting: Streetlights shall be installed at intersections throughout the subdivision. All street and area lighting shall be built to the requirements of the city of Bonners Ferry electric department. (Ord. 495, 12-20-2005)

A.   Storm Drainage: An adequate on site storm drainage system shall be required in all subdivisions. The requirements for each particular subdivision shall be established by the city.

B.   Drainage Improvement Standards: Drainage improvements shall be constructed in accordance with the "Idaho Standards For Public Works Construction Manual" and city approval. These standards shall apply to off site improvements when required. In addition, such improvements shall meet the best management practices accepted by the state of Idaho.

C.   Stream Or Drainage Course Easements: Approval is required for irrigation route changes. The reservation of an easement along any stream or important surface drainage course located in an area being subdivided may be required by the council for the purpose of widening, deepening, sloping, improving or protecting the stream or drainage course. (Ord. 495, 12-20-2005)

A.   All new public water supply or sewer systems shall be an extension of an existing public system whenever possible. In the event that the proposed public water supply or sewer system is not an extension of an existing public system, there shall be a showing by the developer that an extension to an existing public water supply or sewage system is not feasible and not in the best interest of the public.

B.   Water and sewer line construction shall be governed by the standards established by the city engineer and approved by the city council. Any water and sewerage system shall be provided in conformance with the water and sewer master plans of Bonners Ferry, Idaho department of environmental quality state law and water and sewer policies and procedures approved by the city council.

C.   The city requires that all water and sewer plans be submitted for review and comment by the city staff, one of which must be the supervisor of the water and sewer departments.

D.   The city may require the water and sewer facilities to be oversized if deemed necessary for future development.

E.   Underground utilities including electric, water, sewer, telephone, natural gas, and cable television are required in all new subdivisions if available.

F.   Tracer wire shall be installed for all facilities made of nonconductive material for future locating purposes.

G.   Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines when deemed necessary by the city. Total easement width shall not be less ten feet (10'). On side lot lines the ten feet (10') may consist of five feet (5') from two (2) contiguous and adjacent lots. (Ord. 495, 12-20-2005)

A.   Adequate ingress, egress, and fire hydrant shall be provided as required by the city of Bonners Ferry fire chief;

B.   Adequate fire protection shall be surveyed and required to be in accordance with the Idaho fire bureau insurance ratings. Recommendations as to the consistency or inconsistency with fire and water restrictions of the city must be made by the fire chief and the superintendent of the water and sewer departments. (Ord. 495, 12-20-2005)

A.   Urban construction standards shall apply to all health and safety standards set by district health.

B.   All lots shown on the subdivision plat must conform to the minimum requirements of the zoning regulations.

C.   Side lines of lots shall be approximately at right angles to the street lines unless a variation will give a better street and lot plan.

D.   Double frontage lots shall be prohibited except where unusual topography or other conditions make it impossible to meet this requirement.

E.   All remnants of lots below minimum size left over after the subdividing of a larger tract must be added to adjacent lots rather than allowed to remain as unusable parcels.

F.   All lots shall be numbered by progressive numbers in each block separately; blocks shall also be numbered consecutively throughout all adjoining plats of the same master name.

G.   Planting strips may be required to be placed next to incompatible features such as interstates, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall not be a part of the normal street right of way or utility easement. (Ord. 495, 12-20-2005)

A.   Public Uses: Where it is determined that a proposed park, playground, school or other public use as shown on the comprehensive plan is located in whole or part within a proposed subdivision, sufficient area for such public use shall be dedicated to the public or reserved and offered for public purchase.

B.   Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, water courses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision.

C.   Special Developments: In the case of planned unit developments and large scale developments, the commission may require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. (Ord. 495, 12-20-2005)

The purpose of a development agreement is to specify the means by which the subdivision requirements will be accomplished, to establish terms of mitigation, to describe the scope of construction improvements, to financially secure the construction of such requirements and to have an understanding between the city and the developer if any improvements are not completed prior to final plat approval. (Ord. 495, 12-20-2005)

A development agreement shall constitute a binding secured contract between the developer and property owner of a proposed subdivision and the city and shall contain those terms and conditions agreed to by the parties and those required by this title and other legal requirements. Development agreement requirements may be waived by the city council for certain minor subdivisions upon a finding that they will serve no purpose. (Ord. 495, 12-20-2005)

The development agreement shall contain a brief statement describing the subdivision, which shall include its location, legal description, number of lots, and the date of subdivision approval by the city council. The agreement shall also include, but not be limited to, the following:

A.   Any conditions of approval from the review and approval process.

B.   Time limit, and provisions for extension and extinguishing the agreement.

C.   Phasing plans, if any, and a description of any required temporary improvements and the terms of those improvements.

D.   A description of construction improvements to be installed on site and off site.

E.   Covenants, if any, made by the developer and/or the city.

F.   Details of dedications and improvements beyond those required in this title.

G.   Addenda, to include a construction improvement agreement and a maintenance agreement as detailed in sections 12-7-7 and 12-7-8 of this chapter. (Ord. 495, 12-20-2005)

The development agreement shall be recorded and shall run with the land and bind all successors, heirs, and assignees of the developer. The development agreement will expire at the agreed upon date set forth in the agreement, or upon the filing, by the city, of a release with the county recorder when the terms of the agreement have been satisfied or are no longer valid, whichever comes first. (Ord. 495, 12-20-2005)

Except as otherwise expressly provided in a development agreement, the development agreement shall create no rights enforceable by any party not a party to the development agreement. Purchasers of lots in approved subdivisions are not deemed to be third party beneficiaries of development agreements. (Ord. 495, 12-20-2005)

Any breach of a development agreement by the city shall not give rise to monetary damages, but shall be enforceable only by resort to an action for specific performance. No provision of any development agreement which is contrary to law may be enforced. (Ord. 495, 12-20-2005)

A.   A construction improvement agreement shall be an addendum to, or component of, a development agreement and shall be executed prior to the commencement of any construction relating to the subdivision. Staging or mobilizing of equipment or establishing a temporary construction office or equipment storage yards shall not be considered to be "construction" for the purposes of this section.

B.   The construction improvement agreement shall set forth the specific public improvements to be constructed in the subdivision, the manner and timing of the construction, duties and responsibilities of the developer, and estimated costs of the improvements. (Ord. 495, 12-20-2005)

A.   A warranty agreement shall be an addendum to, or component of, a development agreement and shall be executed prior to the acceptance of the public improvements by the city. All public capital improvements shall be guaranteed for two (2) years from the date of formal acceptance for operational maintenance by the city council by a surety acceptable to the city.

B.   The warranty agreement shall set forth the duties and responsibilities of the developer regarding the ongoing maintenance of the public improvements that are installed by the developer that are in excess of those required by the city and are installed for the purpose of enhancement of the aesthetics of the development. (Ord. 495, 12-20-2005)

All surveying shall be done by Idaho Code and standards of the surveying profession. All lot corner pins shall be placed prior to the filing of the final plat or record of survey. (Ord. 495, 12-20-2005)