These regulations provide for the following:

   (1)   Uniform standards for the subdivision of property and to protect the health, safety, and general welfare of the people of Canyon County.

   (2)   The manner and form of making and filing of any plat.

   (3)   The administration of these regulations by defining the powers and duties of approval authorities including procedures for the equitable review and approval of all plats of subdivisions covered by these provisions. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

These regulations shall apply to the subdividing of all land within the unincorporated parts of the county and shall include the following:

   (1)   The subdivision of land into more than four (4) lots, parcels or tracts since September 6, 1979, for transfer of ownership or development.

   (2)   Any change to a recorded plat.

   (3)   The following are exceptions to the subdivision requirements of this article:

      A.    A parcel, resulting from the subdivision of land, that is used exclusively for agricultural purposes (on which there is no permanent dwelling) and is described on the deed, whether including or excluding a public right of way, and consists of one-fourth (1/4) of one-fourth (1/4) of a section of land or forty (40) or more acres.

   B.   The unwilling sale of land as a result of legal condemnation as defined and allowed in the Idaho Code and when the dedication of a right of way for public purposes is initiated by a public body.

   C.   Simple changes to a recorded plat in accordance with section 07-17-19 of this article.

   D.   A lot or parcel created for the exclusive use of a public or private school, other political subdivisions, or public or private utility facilities.

   E.   Land that is divided into no more than four (4) from the original parcel in accordance with Article 18 of this chapter.

(Ord. 16-007, 6-20-2016; amd. Ord. 21-033, 10-21-2021; Ord. 22-017, 9-14-2022)

   (1)   No person shall subdivide any tract or parcel of land located wholly or in part in the county except in compliance with the provisions of this article.

   (2)   No person shall purchase, sell or exchange any parcel of land which is any part of a subdivision or a proposed subdivision submitted to the commission, nor offer for recording in the office of the county clerk, any deed conveying such parcel of land or any fee interest therein, unless such subdivision has been created pursuant to and in accordance with the provisions of this article. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

DSD shall not issue a zoning compliance for construction of residences within any area or upon any property approved for development that requires platting until the final plat has been recorded with the county recorder's office, the applicable conditions of this code met, and the required improvements are constructed or bonded. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

   (1)   Application: The applicant shall file with DSD a copy of the completed subdivision application form as prescribed by the director and a copy of the preliminary plat with data as required in this section including, but not limited to, preliminary irrigation plans, the availability of irrigation water to the property, and a preliminary drainage plan. All applicable fees shall be paid at this time.

      A.    Form Of Presentation: The information hereinafter required as part of the preliminary plat submitted shall be shown graphically or by note on plans, and may comprise several sheets showing various elements or required data. All mapped data for the same plat shall be drawn at the same standard engineering scale, having a scale of no more than one inch equals one hundred feet (1" = 100'), unless otherwise approved by DSD prior to submission. The drawing shall measure no larger than twenty four inches by thirty six inches (24" x 36").

      B.    Identification And Descriptive Data:

         1.    Proposed name of subdivision and its location by section, township and range.

         2.    Reference by dimension and bearing to a section corner or quarter section corner.

         3.    Name, address and phone number of developer.

         4.    Name, address and phone number of the person preparing the plat.

         5.    North arrow.

         6.    Date of preparation.

         7.    Revision block showing dates of any revisions subsequent to the original preparation date. The revision block shall be part of the title block which shall be placed along the right edge of the drawing sheet.

         8.    Vicinity map drawn to scale clearly showing proposed subdivision location in relationship to adjacent subdivisions, main arterial routes, collector streets, etc.

      C.    Existing Conditions Data:

         1.    The general standard for topography shall be by two foot (2') contours and shall be shown on the preliminary plat map which sets out the proposed subdivision layout unless the director determines that another appropriate contour interval would adequately reflect the character and drainage of the land and highlight or show all areas in excess of fifteen percent (15%) slope.

         2.    Location of water wells, streams, canals, irrigation laterals, private ditches, washes, lakes or other water features; direction of flow; location and extent of known areas subject to inundation.

         3.    Location, widths and names of all platted streets, railroads, utility rights of way of public record, public areas, permanent structures to remain, including water wells and municipal corporation lines, within or adjacent to the tract.

         4.    Name, book and page numbers of any recorded adjacent subdivision having a common boundary with the tract.

         5.    By note, the existing zoning classification of the tract.

         6.    By note, the approximate acreage of the tract.

         7.    Boundary dimensions of the tract.

         8.    Names and addresses of adjoining property owners within three hundred feet (300') of the exterior boundary of the tract.

      D.    Proposed Conditions Data:

         1.    Road layout including location, width and proposed names of roads, alleys, pathways, easements, and roadway connections, if any, to an adjoining platted tract.

         2.    Typical lot dimensions including curvilinear data to scale; each lot numbered individually; total number of lots by type and grand total. A private road must be a lot.

         3.    Location, width and use of easements.

         4.    Designation of all land to be dedicated or reserved for public use with use indicated.

         5.    If plat includes land for which multi-family, commercial, or industrial use is proposed, such areas shall be clearly designated together with existing zoning classification and status of zoning change, if any.

         6.    If the proposed subdivision is part of a larger area intended for development, a development master plan of the entire area shall be provided.

         7.    Appropriate information that sufficiently details the proposed development within any special development area such as hillside, PUD, floodplain, cemetery, manufactured home, large scale development, hazardous and unique areas of development.

         8.    All roads must be labeled as either "private" or "public" behind or beneath the road name.

      E.    Proposed Utility Methods:

         1.    Sewage: A statement as to the type of proposed sanitary sewage facilities.

         2.    Water Supply: A statement as to the type of proposed water supply facilities.

         3.    Stormwater Disposal: A statement as to the type of stormwater disposal facilities which may include evidence as may be required to the design and operation of proposed stormwater system.

         4.    Irrigation System: A statement as to proposed irrigation system, which may include evidence as may be required relative to the design and operation of any proposed irrigation system.

         5.    Utility Easement: The utility easement width shall be a minimum of ten feet (10') from the exterior boundaries and five feet (5') from the interior boundaries. Utility easements shall be shown graphically on the plat.

      F.    Special Developments: If applicable, all requirements of section 07-17-33, "Special Developments", of this article shall be submitted with the preliminary plat.

   (2)   Acknowledgment: Upon receipt of the application, preliminary plat, and applicable fees, DSD shall acknowledge, sign, and date the application and deem it accepted.

   (3)   Agency Review:

      A.    The DSD shall transmit one copy of the preliminary plat to county departments and any such other agencies that may have jurisdiction or an interest in the proposed subdivision for their review and recommendation.

      B.    If no written reply is received from any of the various departments or interested agencies within thirty (30) calendar days from the date of notification, approval of the preliminary plat by such department or agency will be considered to be granted. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

   (4)   Commission Review:

      A.    The commission or hearing examiner shall hold a noticed public hearing on the preliminary plat. The hearing body shall recommend that the board approve, approve conditionally, modify, or deny the preliminary plat. The reasons for such action will be shown in the commission's minutes. The reasons for action taken shall specify:

         1.    The ordinance and standards used in evaluating the application;

         2.    Recommendations for conditions of approval that would minimize adverse conditions, if any;

         3.    The reasons for recommending the approval, conditional approval, modification, or denial; and

         4.    If denied, the actions, if any, that the applicant could take to gain approval of the proposed subdivision.

      B.    Upon recommendation by the commission, the preliminary plat, together with the commission's recommendation, shall be transmitted to the board. (Ord. 15-009, 4-23-2015)

   (5)   Board Action:

      A.    The board shall consider the commission's recommendation at a noticed public hearing.

      B.    The board shall base its findings upon the evidence presented at the board's public hearing, and within thirty (30) calendar days declare its findings. It may sustain, modify or reject the recommendations of the commission and make such findings as are consistent with the provisions of this chapter and the Idaho Code. The findings shall specify:

         1.    The ordinance and standards used in evaluating the application;

         2.    The reasons for approval or denial; and

         3.    If denied, the actions, if any, that the applicant could take to gain approval of the proposed subdivision. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

   (1)   After approval or conditional approval of the preliminary plat, the developer may cause the subdivision, or part thereof, to be surveyed and a final plat prepared in accordance with the preliminary plat as approved.

   (2)   The developer shall file with DSD a copy of a completed final plat application and five (5) copies of the final plat with data as required in this section including, but not limited to, final irrigation plans, if irrigation water is available to the property, and a final drainage plan. The applicant must submit with the final plat application an engineered construction drawing of the private road design, including curbing and drainage. All fees shall be paid at the time the application is received by DSD. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

   (1)   Method And Medium Of Presentation:

      A.    All plats to be recorded shall be prepared on a drafting medium in accordance with the requirements of Idaho Code, title 55, chapter 19, section 55-1905, paragraph (1) for records of survey maps;

      B.    The plat shall be drawn to an accurate scale of not more than one hundred feet to an inch (100' = 1") unless otherwise approved by DSD prior to submission; and

      C.    The final plat drawings shall be additionally submitted in digital form approved by the director.

   (2)   Identification Data Required:

      A.    A title which includes the name of the subdivision and its location by number of section, township, range and county shall be placed together at one location at the top of the sheet and generally centered.

      B.    Name, address and official seal of the surveyor preparing the plat.

      C.    North arrow.

      D.    Date of preparation.

      E.    Revision block showing dates of any revisions subsequent to the original preparation date. The revision block shall be part of the title block which shall be placed along the right edge of the drawing sheet.

   (3)   Survey Data Required:

      A.    Boundaries of the tract to be subdivided and the interior lots are to be fully balanced and closed, showing all bearings and distances determined by an accurate survey in the field. All dimensions shall be expressed in feet and decimals thereof.

      B.    Any excepted lots within the plat boundaries shall show all bearings and distances, determined by an accurate survey in the field. All dimensions shall be expressed in feet and decimals thereof.

      C.    Basis of bearing on the plat shall be referenced.

   (4)   Descriptive Data Required:

      A.    Name, right of way lines, courses, lengths, width of all private and public streets, alleys, pedestrianways and utility easements.

      B.    All drainageways.

      C.    All easements provided for public services or utilities and any limitations of the easements.

      D.    All lots and blocks shall be numbered throughout the plat in accordance with Idaho Code. "Exceptions", "tracts" and "private parks" shall be so designated, lettered or named and clearly dimensioned.

      E.    All sites to be dedicated to the public will be indicated and the intended use specified.

      F.    All roads must be labeled as either "private" or "public" behind or beneath the road name.

      G.    The area of each lot shall be stated in acres and decimals thereof.

      H.    The statement from Idaho Code section 22-4503 or any later or amended statutory language shall appear on all final plats located in a zone where agricultural uses are allowed or permitted.

      I.    A note as to the type of sewage disposal facilities to be provided.

      J.    A note as to the type of water supply facilities to be provided.

      K.    Required section and quarter section line setbacks.

   (5)   Dedication And Acknowledgment:

      A.    Dedication: A statement of dedication of all streets, alleys, pedestrianways and other easements for public use by the persons holding title of record and by persons holding title as vendees under land contract.

      B.    Acknowledgment Of Dedication: The dedication referred to in subsection (5)A of this section shall be in the form of a certificate acknowledged in accordance with Idaho Code section 50-1309. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

   (6)   Required Certifications: The following certifications shall be placed on the signature page of the final plat:

      A.    Landowner's signature.

      B.    Certification by a surveyor stating that the plat is correct and accurate and that the monuments described in it have been located as described.

      C.    Certification of plat approval by the county surveyor.

      D.    Certification of plat approval by the board.

      E.    Approval or certification by impacted agencies that may include: highway districts, health department, the city when the development is in an area of impact, treasurer, recorder, and state and federal agencies having jurisdiction. (Ord. 15-009, 4-23-2015)

   (7)   Time Limitations:

      A.    The following time limitations are in accordance with section 07-07-23: of this chapter:

         1.    In the event that the development of the preliminary plat is made in successive continuous segments in an orderly and reasonable manner and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of twenty four (24) months, may be considered for final plat approval. In the event a longer period elapses, the preliminary plat must be reviewed by the commission and approved by the board;

         2.    Final plat application must be submitted and accepted by DSD within two (2) years of the date of written approval of the preliminary plat; and

         3.    The final plat shall be filed with the county recorder within sixty (60) days after approval of the board; otherwise, such approval shall become null and void unless an extension of time is applied for and granted. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

   (8)   Commission Review: (Rep. by Ord. 15-009, 4-23-2015)

   (9)   Board Action:

      A.    Upon receipt of the final plat and all other data as required herein, the board shall thereafter place the final plat on its agenda for consideration at a regular meeting held not less than fifteen (15) calendar days after the date of submittal.

      B.    The board, following receipt of the final plat, shall consider said plat and any changes from the approved preliminary plat. If the plat conforms to the requirements of the subdivision regulations and Idaho Code, the board shall approve the plat.

      C.    At the time of approval and recording of the final plat, the board shall accept the dedications shown thereon. As a condition precedent to the approval of any final plat, the board may require the developer to improve or agree to improve the streets and all other public improvements to the standards approved for the preliminary plat by furnishing a surety bond or other guarantee. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

All subdivision improvements covered by surety bond or other guarantee shall be completed prior to the issuance of a certificate of occupancy. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

   (1)   The developer may request that the subdivision application be processed as both a preliminary and final plat, known as a short plat, if all of the following exist:

      A.    The proposed subdivision does not exceed fourteen (14) lots;

      B.    No major special development considerations are involved such as development in floodplain, hillside development, etc.; and

      C.    All required information for both preliminary and final plat is complete and in acceptable form. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

This chapter establishes the procedure and requirements for making simple changes to a recorded plat when not involving a vacation or dedication of a public street right of way or private road easement. (Ord. 16-007, 6-20-2016)

   (1)   Application For Change:

      A.    The person seeking a change must file an application on a form provided by the director, and the fees. The application must demonstrate full compliance with all requirements established by the board as prerequisites for making a change to a plat.

      B.    When the application is filed, the director shall have a period of fourteen (14) calendar days from the time of receipt of the application to determine whether the application is complete.

      C.    If the director determines that the application is not complete, the application shall be returned to the applicant with written instructions as to what deficiencies must be satisfied. No further consideration will be given to the application until it is returned by the applicant and determined by the director to be complete.

      D.    When a fully completed application has been filed and the fees paid, the director shall conduct a review. The burden of proof is on the applicant to show compliance with the requirements for a simple change to a recorded plat. The director may grant the application only if the changed plat can meet all requirements of the zone in which it is located.

   (2)   Approval Or Denial:

      A.    If the director denies the application, he shall state his reasons in written findings within fourteen (14) calendar days of the denial. A copy shall be forwarded by mail to the applicant at the address given on the application.

      B.    If the director grants the application, the applicant must submit a record of survey showing the plat change pertaining to the request and a metes and bounds description of all changed lots. The record of survey must bear in the title or in a side note on the record of survey that the purpose of the record of survey is to change the specific plat, stating the name of the plat, with affected lots and blocks. The written decision of the director and a copy of the record of survey must be recorded at the applicant's expense.

      C.    Any affected person who is aggrieved by the director's decision may file a written notice of appeal in accordance with section 07-05-07, "Appeal Of Director Administrative Decision", of this chapter. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

This section establishes the procedure and requirements for making minor modifications to a previously recorded subdivision plat or portion of a plat, when the modification cannot be accomplished as a simple change to a recorded plat in accordance with section 07-17-19: of this article. A minor correction on a final plat or an amendment that does not create a new lot or alter the character or purpose of a subdivision, may be made by application to the director who shall determine the validity of the requested correction and record, at the applicant's expense, any approved change. A new mylar and signature page reflecting the correction or amendment shall be required. Minor modifications include insignificant changes in wording, corrections, adjustments between platted and unplatted parcels, consolidations and lot line adjustments for up to five (5) lots where easements not utilized are adjusted with the lot line.

Substantial changes to a recorded plat must comply with the requirements of section 07-17-13: of this article, and may not be accomplished through the provisions of this section. Substantial changes include those that would affect the location of public streets or private roads, septic systems, building envelopes, no build envelopes, easements or utilities that are currently utilized; adjustments that would create additional lots; adjustments that would affect more than five (5) lots; or significant changes in plat language that might affect a property owner's use of their land, or of commonly held land or easements. (Ord. 16-007, 6-20-2016)

   (1)   Application For Approval Of Minor Replat Or Amendment:

      A.    A completed application must be submitted to the director with the following documents:

         1.    Completed application form signed by the property owners whose land is included in the amended plat or replat, or a notarized letter of authorization by the property owners and a sufficient number of copies, as determined by the director, for each agency/organization reviewing the application, shall be submitted by the applicant.

         2.    Fees.

         3.    Preliminary title report for all lots to be replatted or amended.

         4.    A plat meeting the final plat requirements of section 07-17-13: of this article and Idaho Code, title 50, chapter 13. The title of the plat shall state that it is a replat or an amendment of the subdivision or of the particular lots within the subdivision.

         5.    Narrative explaining the proposed changes to the plat.

   (2)   Approval Process And Requirements: When an application for approval of a minor replat or amendment of a recorded plat is filed the following procedure applies:

      A.    The director shall provide a copy of the completed application packet to the affected agencies.

      B.    Within thirty five (35) calendar days of the acceptance of application, the director shall review the relevant evidence in the record and issue findings and an order of decision. The findings shall cite the applicable legal standards; state the evidence and conclusions on which the decision was based; explain any relevant contested facts and the evaluation of these facts; and if the decision is denied, any action the applicant could take to gain approval.

      C.    To approve a minor replat or amendment, the director must make a finding that the proposed changes and the plat are in compliance with Idaho Code, title 50, chapter 13 and with the requirements of the county and other agencies; that the proposed changes are not substantial in nature; and that there will be no negative effects on public agencies and private corporations that provide services and facilities for the subdivision.

      D.    Within one hundred twenty (120) calendar days of approval, the mylar plat must be submitted in a form ready to record. The applicant shall obtain all required signatures on the plat. If the plat is not submitted for recordation within one hundred twenty (120) days and an extension is not granted by the director, approval is null and void and a new application must be submitted. The director may grant an extension for good cause.

   (3)   Appeal: Any affected person who is aggrieved by the director's decision may file a written notice of appeal in accordance with section 07-05-07, "Appeal Of Director Administrative Decision", of this chapter. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

Changes to any recorded plat involving a public right of way for public use must be applied for with the highway district having and accepting jurisdiction. Other such applications must be made to the board pursuant to Idaho Code, title 50, chapter 13. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

   (1)   Lot Design: Side lot lines shall be substantially at right angles or radial to street lines, except where another design may be justified. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

Existing natural features which add value to residential development and enhance the attractiveness of the community such as streets, watercourses, historic spots and similar irreplaceable assets shall be given consideration in the design of the subdivision. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

   (1)   Responsibility Of Developer: Construction of improvements such as private roads and other facilities which are required as a condition to plat approval shall be the responsibility of the developer and shall meet county specifications and standards of construction.

   (2)   Irrigation Supply And Distribution Systems: The developer shall disclose, pursuant to Idaho Code section 31-3805, and file as part of the preliminary plat with DSD, evidence that an adequate irrigation supply and distribution system to serve the land within the plat to be recorded will be provided and must include consideration of using existing water rights that go with the land being platted. Such evidence shall include, but not be limited to, the following:

      A.    Copies of the plans of the proposed distribution system for the lots and areas to be served in the proposed development; and

      B.    Copies of the community association's or similar organization's documents which may be required precedent to the establishment of an irrigation distribution system within the proposed development.

   (3)   Construction Drawings: The applicant shall submit to DSD with the application for final plat, construction drawings for all required improvements.

   (4)   Bonding: Prior to the board signing the final plat, all required improvements shall be constructed and a certificate of completion shall be secured from the county unless a surety bond or other acceptable guarantee of performance to ensure the actual construction of such improvements as submitted and approved is filed with the county clerk. Such surety bond or other guarantee shall be in the amount of one hundred twenty percent (120%) of the estimated cost of the improvements as determined by the county. The improvements when covered by a surety bond shall be constructed within two (2) years from the date of recording of the final plat; provided, however, the board may extend the period one year upon showing of just cause by the developer.

   (5)   Record Plans And Specifications:

      A.    Prior to acceptance by the County of any improvements installed by the developer, two (2) sets of prints of the approved "record" plans and specifications shall be certified by the developer's engineer and filed with DSD.

      B.    Within ten (10) calendar days after completion of improvements and submission of "record" plans in accordance with County specifications, the applicant's engineer shall certify the completion and acceptance of the construction and shall transmit a copy of the said certification to the developer. If a surety bond or guarantee agreement has been executed by the developer, the same shall be forwarded to the County Clerk. The County Clerk shall thereafter release said surety bond or guarantee upon application by the developer upon proof that the improvements have been completed. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

   (1)   Road Improvements:

      A.    Private Roads:

         1.    Private roads must be a numbered lot and constructed in accordance with section 07-10-03: of this chapter.

         2.    A minimum private road lot width of sixty feet (60') is required. This requirement may be reduced to a width not less than fifty feet (50'), in accordance with subsection 07-10-03(1)D of this chapter.

         3.    Curbs and gutters, if required by the Board, may be either rolled or vertical style and must be a minimum width of two feet (2'). Sidewalks must be a minimum width of four feet (4'). Both curb and gutter shall be constructed using three-fourths inch (3/4") aggregate in the concrete mix.

      B.    Public Streets: Public streets, including curbs, gutters and sidewalks, shall be constructed in accordance with the requirements of the applicable highway district or, if within an Area of City Impact, the requirements adopted by Canyon County in chapter 9 of this Code.

   (2)   Subdivision Improvements: The commission or hearing examiner may recommend and the Board may require improvements in the subdivision, for example curbs, gutters, sidewalks, streetlights, ribbon curbing, swales, and stormwater retention and disposal.

   (3)   Road Names: Road name signs and traffic control signs shall be installed by the developer in appropriate locations such as where roads and streets intersect and are approved by the local highway district having jurisdiction.

   (4)   Other Improvements: All other improvements required as conditions of approval shall be completed. (Ord. 16-007, 6-20-2016)

The purpose of this section is to identify various types of special developments that normally pose special concerns to the commission and the Board when reviewing and acting upon subdivision requests. The provisions of this section are in addition to other applicable requirements of these subdivision regulations. Required information shall be submitted to the DSD with the preliminary plat.

   (1)   Hillside Development:

      A.    Hillside Development Evaluation:

         1.    All hillside development proposals shall give consideration to desirable land use planning, soil mechanics, engineering geology, hydrology, and civil engineering. The evaluation includes, but is not limited to:

            (A) Planning of development to fit the topography, soils, geology, hydrology and other conditions existing on the proposed site;

            (B) Orienting development to the site so that grading and other site preparation is kept to a minimum; i.e., use of building or road envelopes, and no build areas;

            (C) Shaping of essential grading to complement the natural landforms and to minimize padding and terracing of building sites;

            (D) Division of land tracts into smaller workable units on which construction can be completed within one construction season so that large areas are not left bare and exposed during the winter- spring runoff period; and

            (E) Completion of paving as rapidly as possible after grading.

         2.    Areas having soil, geology or hydrology hazards shall not be developed unless it is shown that their limitations can be overcome; that hazard to life or property will not exist; and that the safety, use or stability of a public way or drainage channel is not jeopardized.

      B.    Required Data: The developer shall retain professional expertise to obtain the following information which is required by the commission:

         1.    Soil Reports: For any proposed hillside development, a soils report shall be submitted with the preliminary plat. This report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures, and opinions and recommendations covering the adequacy of sites to be developed.

         2.    Geology Reports: For any proposed hillside development, a geology report shall be submitted with the preliminary plat. This report shall include an adequate description of site geology and an evaluation of the relationship between the proposed development and the underlying geology and recommendations for remedial actions.

         3.    Hydrology Report:

            (A) For any proposed hillside development, a hydrology report shall be submitted with the preliminary plat. This report shall include an adequate description of the hydrology, conclusions and recommendations regarding the effect of hydrologic conditions on the proposed development and opinions and recommendations covering the adequacy of sites to be developed.

            (B) Flood frequency information shall be provided for the area proposed for the development, if applicable.

      C.    Grading And Drainage Plan:

         1.    A preliminary grading and drainage plan shall be submitted with each hillside preliminary plat proposal and shall include the following information:

            (A) Approximate limiting dimensions, elevations or finish contours to be achieved by the grading, including all cut and fill slopes, proposed drainage channels and related construction;

            (B) Preliminary plans and approximate locations of all surface and subsurface drainage devices, walls, dams, sediment basins, storage reservoirs and other protective devices to be constructed; and

            (C) A description of methods to be employed in disposing of soil and other material that is removed from the grading site, including the location of the disposal site.

         2.    A final grading plan shall be submitted with each final plat and include the following information:

            (A) Limiting dimensions, elevations or finish contours to be achieved by the grading, including all proposed cut and fill slopes and proposed drainage channels and related construction;

            (B) Detailed plans and locations of all surface and subsurface drainage devices, walls, dams, sediment basins, storage reservoirs and other protective devices to be constructed; and

            (C) A schedule showing when each stage of the project will be completed, including the total area of soil surface which is to be disturbed during each stage together with estimated starting and completion dates. In no event shall the existing "natural" vegetative ground cover be destroyed, removed or disturbed more than fifteen (15) calendar days prior to the grading.

      D.    Development Standards:

         1.    Soils:

            (A) Fill areas shall be prepared by removing organic material, such as vegetation and rubbish and any other material which is determined by the soils engineer to be detrimental to proper compaction or otherwise not conducive to stability.

            (B) Cuts and fills shall be designed to provide safety, stability and adequate setback from property lines in accordance with County standards, drawings and specifications.

         2.    Roadways:

            (A) Road alignments shall reasonably follow natural terrain and no unnecessary cuts or fills shall be allowed.

            (B) One-way streets, in interior subdivision roads only, shall be permitted and encouraged where appropriate for the terrain and when public safety would not be jeopardized. When approved by the County the one-way street may have a thirty foot (30') right-of- way instead of a sixty foot (60') right-of-way.

            (C) The width of the graded section shall extend three feet (3') beyond the curb back or edge of pavement on both the cut and fill sides of the roadway. If sidewalks are to be installed parallel to the roadway, the graded section shall be increased by the width of the sidewalk plus one foot (1') beyond the curb back.

            (D) Ribbon curbing and swales or concrete curb and gutter shall be installed along both sides of paved roadways, when required by the Board.

            (E) A pedestrian walkway plan may be required.

         3.    Driveways And Parking Areas: Combinations of collective private driveways, cluster parking areas and on street, parallel parking ways may be used to attempt to optimize the objectives of minimum soil disturbance, minimize impervious cover, and enhance the excellence of design and aesthetic sensitivity.

      E.    Vegetation And Revegetation:

         1.    The developer shall submit a slope stabilization and revegetation plan which shall include a complete description of the existing vegetation, the vegetation to be removed and the method of disposal, the vegetation to be planted, and slope stabilization measures to be installed. The plan shall include an analysis of the environmental effects of such operations, including the effects it may have on slope stability, soil erosion, water quality and fish and wildlife.

         2.    Vegetation sufficient to stabilize the soils shall be established on all disturbed areas as each stage of grading is completed. Areas not contained within lot boundaries shall be protected with perennial vegetal cover after all construction is completed. Efforts shall be made to plant those species that tend to recover from fire damage and do not contribute to a rapid rate of fire spread.

         3.    The developer shall be fully responsible for any destruction of native vegetation proposed and approved for retention. He shall carry the responsibility both for his own employees and for all subcontractors from the first day of construction until the notice of completion is filed. The developer shall be responsible for replacing such destroyed vegetation in kind or its equivalent.

      F.    Maintenance: The owner of any private property on which grading or other work has been performed, pursuant to a grading plan approved or a building permit granted under the provisions of this chapter, shall continuously maintain and repair all graded surfaces and erosion prevention devices, retaining walls, drainage structures or means, and other protective devices, plantings and ground cover installed or completed.

   (2)   Condominium And Planned Unit Developments:

      A.    Site Development Plan: The applicant shall provide the commission with a site plan, elevations, perspective drawings and such other illustrated information at a scale to be determined by DSD to show the proposed development that will include at least the following:

         1.    Site plan;

         2.    Plat showing lots, including common lots and roads;

         3.    Architectural styles and building design concepts;

         4.    Architectural materials and colors;

         5.    Type of landscaping;

         6.    Screening, if proposed;

         7.    Type of solid waste facilities;

         8.    Parking concept; and

         9.    Open space areas.

      B.    Storage Areas: Storage areas shall be provided for the anticipated needs of boats, campers and trailers. For typical residential development, one adequate space shall be provided for every three (3) living units. This may be reduced by the commission if there is a showing that the needs of a particular development are less.

      C.    Parking Space: One additional parking space beyond that which is required by the zoning regulations may be required for every three (3) dwelling units to accommodate visitor parking.

      D.    Control During Development: Single ownership or control during development shall be required and a time limit may be imposed to guarantee the development is built and constructed as planned.

   (3)   Subdivision For A Cemetery:

      A.    Function: The developer shall provide the County with written documentation that will sufficiently explain if the proposed cemetery will be used for either human or animal remains and the functions that are anticipated on the property.

      B.    Compliance With Idaho Code Required: The developer shall submit a written statement that has been prepared by an attorney that adequately assures the compliance of the proposed cemetery with the procedural platting requirements and management requirements that are outlined in Idaho Code, title 27.

   (4)   Areas Of Critical Concern:

      A.    General: The development of any hazardous or unique areas that have previously been designated as areas of critical concern by the Board, as provided by Idaho Code, may need special consideration by the applicant, as determined by the Board, to assure that the development is necessary and desirable in the public interest in view of the existing unique conditions. Areas that may be designated by the Board, through due process, as hazardous or unique may be as follows:

         1.    Unstable soils;

         2.    Scenic areas;

         3.    Historical significance areas;

         4.    Floodplains; and

         5.    Other areas of critical concern.

      B.    Plan Submission: The applicant, if required, shall prepare and submit an environmental assessment statement for those areas as above noted and designated by the Board along with the preliminary plat application.

      C.    Content Of Environmental Assessment Statement: The content of the environmental assessment statement, if required, shall usually be prepared by professional(s) that will provide answers to the following questions:

         1.    What detrimental environmental effect may occur as a result of the proposed development?

         2.    What corrective action or alternative plans could be developed so as not to significantly cause detrimental environmental effects?

         3.    What adverse effects of the proposed development cannot be mitigated? (Ord. 19-038, 8-30-2019)

   (1)   Any property owner desiring to have an existing subdivision vacated, in whole or part, including easements, shall complete and file an application along with any fees with DSD and also file such other applications as are otherwise required by law.

   (2)   Upon receipt of the completed application and other information as may be required, DSD shall affix the date of application acceptance thereon. The application shall be considered by the commission at a public hearing noticed as provided for in article 5 of this chapter. Vacations shall be processed in accord with the regulations set forth in Idaho Code section 50-1306A and recorded in accord with the regulations set forth in Idaho Code section 50-1324.

   (3)   The commission shall review the request and any agency response and make a recommendation to the Board for approval, conditional approval or denial. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

Short term mineral extraction is allowed during the process of subdivision construction following the provisions of this chapter. The six (6) month time limit shall apply to extraction during each phase as shown on the approved preliminary plat. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)