(A)   Title: This chapter shall be known as the SUBDIVISION CHAPTER OF THE CITY.

   (B)   Authority: These regulations are authorized by title 50, chapter 13; title 67, chapter 65 of the Idaho Code; and article 12, section 2 of the Idaho constitution, as amended or subsequently modified.

   (C)   Purpose: The purposes of these regulations are to promote the public health, safety and general welfare, and to provide for:

      1.   The harmonious development of the area;

      2.   The coordination of streets and roads within the subdivision with other existing or planned streets and roads; (Ord. 397, 1983)

      3.   Adequate open space for travel, light, air, recreation and snow storage; (Ord. 620, 3-8-2010)

      4.   Adequate transportation, water drainage and sanitary facilities;

      5.   The avoidance of scattered subdivision of land that would result in either of the following:

         (a)   The lack of water supply, sewer service, drainage, transportation or other public services;

         (b)   The unnecessary imposition of an excessive expenditure of public funds for the supply of such services.

      6.   The requirements as to the extent and the manner in which:

         (a)   Roads shall be created and improved; and

         (b)   Water and sewer and other utility main, piping connections or other facilities shall be installed.

      7.   The manner and form of making and filing of any plat; and

      8.   The administration of these regulations by defining the powers and duties of approval authorities.

   (D)   Jurisdiction: These regulations shall apply to the subdividing of land within the corporate limits of the city, including property within one mile outside the corporate limits of the city or, as mutually defined by both the city and Valley County under the requirements of section 50-1306, Idaho Code, as amended, or subsequently codified.

   (E)   Interpretation: All subdivisions as herein defined shall be submitted for approval by the council and shall comply with the provisions of these regulations. These regulations shall supplement all other regulations, and where at variance with other laws, regulations, ordinances or resolutions, the more restrictive requirements shall apply.

   (F)   Administration: The council shall appoint an administrator to carry out the provisions as herein specified and to serve at the pleasure of the commission. The administrator shall receive and process all subdivision applications. (Ord. 397, 1983)

   (G)   Combining Of Permits: The administrator is hereby required to coordinate with other departments and agencies concerning all permits which may be required by this chapter and previously or subsequently adopted by city ordinances. A one stop application and processing procedure may be developed with the respective departments and agencies for the purpose of reducing errors, misunderstanding, confusion, and unnecessary delay for everyone involved. (Ord. 620, 3-8-2010)

   (H)   Severability: Where any word, phrase, clause, sentence, paragraph, section or other part of these regulations are held invalid by a court of competent jurisdiction, such judgment shall affect only that part so held invalid. (Ord. 397, 1983)

   (A)   Interpretation Of Terms Or Words:

      1.   For the purpose of this chapter, certain terms, phrases, words, and their derivatives shall be construed as specified in this chapter;

      2.   Words used in the singular include the plural and the plural the singular;

      3.   Words used in the masculine gender include the feminine, and the feminine the masculine; and

      4.   Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used.

   (B)   Meaning Of Terms Or Words:

    ADMINISTRATOR: A person who would be the primary contact between the subdivider, appropriate agencies, planning commissions, citizens and elected officials. This person would provide the necessary continuity and assistance to ensure that the provisions of the subdivision ordinance are carried out.

   ALLEY: Any public space or thoroughfare less than sixteen feet (16'), but not less than ten feet (10') in width, which has been dedicated or deeded to the public for public use.

   APPLICATION: A request, especially a formal written request, on a form provided by the office of the city clerk.

   CITY: The city of Cascade.

   COMMISSION: The Cascade planning and zoning commission.

   COMPREHENSIVE DEVELOPMENT PLAN: A plan or any portion thereof, adopted by the council, including such things as the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major transportation, schools, and other community facilities.

   CONDITIONAL USE: A special use permitted within a district, other than a principally permitted use, requiring a conditional use permit and approval from the commission.

   COUNCIL: The Cascade city council.

   COVENANT: A written agreement, as a contract, under seal.

   CULVERT: An artificial, covered channel for water, as under a road, street, or driveway.

   DEDICATION: The setting apart of land or interests in land for use by the public by ordinance, resolution, or entry in the official minutes as by the recording of a plat. Dedicated land becomes public land upon acceptance by the council.

   DENSITY: A unit of measurement; the number of dwelling units per acre of land.

   DENSITY, GROSS: The number of dwelling units per acre of total land to be developed, including public right of way.

   DENSITY, NET: The number of dwelling units per acre of land when acreage involved includes only the land devoted to residential uses, excluding the public right of way.

   DEVELOPER: Authorized agent(s) of a subdivider or the subdivider himself.

   DWELLING UNIT: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

   EASEMENT: The privilege or right of making limited use of another's adjacent property.

   ENGINEER: Any person who is licensed in the state to practice professional engineering.

   FLOODPLAIN: The relatively flat area of lowland adjoining the channel of a river, stream, lake or other body of water which has been or may be covered by water of a flood of 100-year frequency, as established per engineering practices as specified by the army corps of engineers.

   GOVERNING BODY: The Cascade city council.

   HEALTH AUTHORITY: The local district health department or the state department of health and welfare that has jurisdictional authority.

   HIGHWAY: A street designated as a highway by an appropriate state or federal agency.

   LOT: A plot or quantity of land, as surveyed and apportioned for sale or for other special purpose.

   LOT AREA: The area of any lot shall be determined exclusive of street, highway, alley, road or other rights of way.

   LOT OF RECORD: A lot which is recorded in the office of the county recorder, or a lot or parcel described by metes and bounds, the description of which has been recorded.

   MAY: As used in this chapter, is permissive for compliance.

   MOBILE HOME SUBDIVISION: An area of five (5) acres or more of land used exclusively for mobile home habitation.

   MONUMENT: Any permanent marker, either of concrete, galvanized iron pipe, or iron or steel rods, used to identify any tract, parcel, lot or street lines.

   OPEN SPACE: An area, substantially open to the sky, which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, and tennis courts, any other recreational facilities that the commission deems permissible. Streets, parking areas, structures for habitation and the like shall not be included.

   ORIGINAL TRACT: See definition of "original tract" in subsection 3-1-4(B) of this title.

   OWNER: Any person, agent, firm or corporation having a legal or equitable interest in the property.

   PERMIT: An official document or certificate issued by the building official authorizing performance of a specified activity.

   PLANNED UNIT DEVELOPMENT: An area of land in which a variety of residential, commercial and industrial uses, developed under single ownership or control, are accommodated in a preplanned environment with flexible standards, such as lot sizes and setbacks.

   PREAPPLICATION: An initial contact between the administrator and subdivider that will lessen confusion, unnecessary expenses and save time throughout the processing of the application.

   PUBLIC WAY: Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky which is deeded, dedicated or otherwise permanently appropriated to the public for public use and having a clear width of not less than ten feet (10').

   REVIEW PROCESS: To lessen the processing time, the planning and zoning commission is vested with the authority of approving the preliminary plat. The final plat, if substantially in compliance with the preliminary plat, would go directly to the council.

   RIGHT OF WAY: A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities.

   SHALL: As used in this chapter, is mandatory.

   SIDEWALK: A path or pavement at the side of a street, for the use of pedestrians. Usually that portion of the road right of way outside the roadway, which is improved for the use of pedestrian traffic. See also definition of Walkway.

   SPECIAL DEVELOPMENTS: All types of unique developments that may or may not be applicable to a particular jurisdictional area.

   STREET: Any thoroughfare or public space not less than sixteen feet (16') in width which has been dedicated or deeded to the public for public use.

   STREET, COLLECTOR: A street designated for the purpose of carrying traffic from minor streets to other collector streets and/or heavy traffic.

   STREET, CUL-DE-SAC: A street connected to another at one end only and provided with a turnaround space at its terminus.

   STREET, LOOP: A minor street with both terminal points on the same street of origin.

   STREET, MINOR: A street which has the primary purpose of providing access to abutting properties.

   STREET, STUB: A street extended to the boundary line of the tract to make provisions for the future extension of said street into adjacent areas.

   SUBDIVISION: See definition of "subdivision" in subsection 3-1-4(B) of this title.

   TECHNICAL REVIEW COMMITTEE: A technical advisory committee to the planning and zoning commission that would be responsible to identify and assist to resolve any technical difficulties concerning the subdivision.

   VICINITY MAP: A drawing which sets forth, by dimensions or other means, the relationship of the proposed development to other nearby landmarks and community facilities and services, within the general area, in order to better locate and orient the area in question.

   WALKWAY: A public way, four feet (4') or more in width, for pedestrian use only. See also definition of Sidewalk. (Ord. 397, 1983; amd. Ord. 608, 4-12-2004; Ord. 620, 3-8-2010)

   (A)   Subdivision Approval Required:

      1.   Any person desiring to create a "subdivision", as herein defined, shall submit all necessary applications to the administrator;

      2.   No final plat shall be filed with the county recorder or improvements made on the property until the plat has been acted upon by the commission and approved by the council; and

      3.   No lots shall be sold until the plat has been recorded in the office of the county recorder.

   (B)   Preapplication:

      1.   The subdivider may submit a preapplication to enable the administrator to review and comment on the proposed subdivision.

      2.   The preapplication shall include at least one copy of a sketch plan. (Ord. 475, 11-13-1990)

      3.   The sketch plan shall:

         (a)   Include the entire developmental scheme, in schematic form; and

         (b)   Include the following:

            (1)   The general layout and approximate dimensions of streets, blocks, lots, open areas and snow storage areas; (Ord. 620, 3-8-2010)

            (2)   The existing conditions and characteristics of the land on and adjacent to the site; and

            (3)   The areas set aside for schools, parks, and other public facilities.

      4.   No fees are required. (Ord. 475, 11-13-1990)

      5.   The administrator shall:

         (a)   Notify the subdivider within forty five (45) days from the date of receiving an acceptable preapplication as to general conformance of the proposal with this chapter; (Ord. 620, 3-8-2010)

         (b)   Provide necessary forms and checklists; and

         (c)   Provide additionally the following concerns:

            (1)   Compliance of the proposed development with existing local policies, goals and objectives or comprehensive development plan;

            (2)   Determination if additional special permits or ordinance conflicts, such as rezone, special development permit or variance are needed and the manner of coordinating such permits;

            (3)   Consideration of any unique environmental features or hazardous concerns that may be directly or indirectly associated with the subject property, such as areas that have been designated by the state as areas of critical environmental concern, unique plant or animal life, floodplain, airport flight pattern and the like; and

            (4)   Consideration of other local and state agencies that the subdivider should contact before the preparing of a preliminary plat.

   (C)   Preliminary Plat:

      1.   Filing Of Plat: The subdivider, shall file, with the administrator, a complete subdivision application form and preliminary plat data as required by this chapter.

      2.   Processed As Both Preliminary And Final Plat: The applicant may request that the subdivision application be processed as both a preliminary and final plat if all the following exists:

         (a)   The proposed subdivision does not exceed ten (10) lots;

         (b)   No new street dedication or street widening are involved;

         (c)   No major special development considerations are involved, such as development in a floodplain, hillside development or the like; and

         (d)   All required information for both preliminary and final plat is complete and in acceptable form.

      3.   Commission Action Upon Recommendation: A request to combine both preliminary plat and final plat into one application shall be acted upon by the commission upon recommendation by the technical review committee.

      4.   Content Of Plat: Content of the preliminary plat shall be in accordance with the requirements listed on the preliminary plat application form. (Ord. 475, 11-13-1990)

      5.   Fee And Final Cost: At the time of submission of an application for a preliminary plat, a fee to be set by resolution shall be paid by the applicant, with the final amount to process the preliminary plat to be billed to the subdivider once the application process is completed. The final cost will be the actual expense incurred by the city to process the application. (Ord. 620, 3-8-2010)

      6.   Administrator Review:

         (a)   Upon receipt of the preliminary plat, and all other required data, the administrator shall certify the application as complete and shall affix the date of acceptance thereon. (Ord. 475, 11-13-1990)

         (b)   The administrator shall place the preliminary plat on the agenda for consideration at the next regular meeting of the technical review committee which shall be no less than ten (10) days after said date of certification nor more than sixty (60) days thereafter. (Ord. 620, 3-8-2010)

         (c)   The administrator shall refer the preliminary plat and application to as many agencies as deemed necessary. Such agencies may include:

            (1)   Other governing bodies having joint jurisdiction;

            (2)   The appropriate utility companies;

            (3)   The superintendent of the school district; and

            (4)   Other agencies having an interest in the proposed subdivision.

         (d)   Upon expiration of the time allowance for department and agency review, the administrator shall prepare a recommendation to the technical review committee.

      7.   Technical Review Committee Recommendation:

         (a)   The committee shall make a recommendation to the commission on each preliminary plat and on each additional special request made by the subdivider.

         (b)   The recommendation shall include how deficiencies or shortcomings of the preliminary plat might be overcome.

         (c)   The preliminary plat shall be placed on the agenda of the next regular commission meeting, which is held not less than fourteen (14) days after the committee meeting.

      8.   Public Notification:

         (a)   At least fifteen (15) days prior to hearing on the preliminary plat, notice of the time and place and a summary of the plan to be discussed shall be published in the official newspaper within the jurisdiction.

         (b)   All adjoining property owners, whose names and addresses have been provided by the subdivider, shall be notified by regular mail. Such written notice shall be mailed at least ten (10) days prior to the commission hearing. (Ord. 475, 11-13-1990)

      9.   Commission Action:

         (a)   Hearing By Commission: Within forty five (45) days following the public hearing, the commission shall review the preliminary plat, the report from the committee, comments from concerned citizens and agencies and the report from the administrator to arrive at a decision on the preliminary plat. (Ord. 620, 3-8-2010)

         (b)   Commission's Findings: In determining the acceptance of a proposed subdivision the commission shall consider the objectives of this chapter and at least the following:

            (1)   The conformance of the subdivision with the comprehensive development plan;

            (2)   The availability of public services to accommodate the proposed development;

            (3)   The continuity of the proposed development with the capital improvement program;

            (4)   The public financial capability of supporting services for the proposed development; and

            (5)   The other health, safety or environmental problems that may be brought to the commission's attention.

         (c)   Action On Preliminary Plat: The commission may approve, approve conditionally, disapprove or table the preliminary plat for additional information. Such action shall occur within thirty (30) days of the date of the regular meeting at which the plat is first considered by the commission. The action, and the reasons for such action shall be stated in writing by the administrator, and forwarded to the applicant. The administrator shall also forward a statement of the action taken and the reasons for such action, together with a copy of the preliminary plat to the council for their information and record. Upon granting or denying a preliminary plat the commission shall specify:

            (1)   The ordinance and standards used in evaluating the application;

            (2)   The reasons for approval or denial; and

            (3)   The actions, if any, that the applicant could take to obtain a permit.

         (d)   Action On Combined Preliminary And Final Plat: If the commission's conclusion is favorable to the subdivider's request for the subdivision to be considered as both a preliminary plat and final subdivision, then a recommendation shall be forwarded to the council in the same manner as herein specified for a final plat. The commission may recommend that the combined application be approved, approved conditionally or disapproved.

      10.   Appeals: Any person or aggrieved party who appeared in person or writing before the commission or the subdivider may appeal in writing the decision of the commission relative to the final action taken by the commission. Such appeal must be submitted to the council within ten (10) days from such commission action. Upon receipt of an appeal from the action of the commission, the council shall set a hearing date to consider all information, testimony and commission's minutes of the public hearing to reach a decision to uphold, conditionally uphold or overrule the decision of the commission. The council shall only overrule the commission by a favorable vote of one-half (1/2) plus one of the full council.

      11.   Approval Period:

         (a)   Failure to file and obtain the certification of the acceptance of the final plat application by the administrator within one year after action by the commission shall cause all approvals of said preliminary plat to be null and void, unless an extension of time is applied for by the subdivider and granted by the commission.

         (b)   In the event that the development of the preliminary plat is made in successive contiguous segments in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat such segments, if submitted within successive intervals of one year, may be considered for final approval without resubmission for preliminary plat approval.

   (D)   Final Plat:

      1.   Survey And Final Plat Prepared: After the approval or conditional approval of the preliminary plat, the subdivider may cause the total parcel, or any part thereof, to be surveyed and a final plat prepared in accordance with the approved preliminary plat.

      2.   Final Plat Application: The subdivider shall submit, to the administrator, a final plat application form with the required data listed thereon. (Ord. 475, 11-13-1990)

      3.   Fee To Be Paid: At the time of submission of an application for a final plat, a fee to be set by resolution shall be paid. (Ord. 620, 3-8-2010)

      4.   Administrator Review:

         (a)   Upon receipt of the final plat, and compliance with all other requirements as provided for herein, the administrator shall certify the application as complete and shall affix the date of acceptance thereon.

         (b)   The administrator shall review the final plat for compliance with the approved or conditionally approved preliminary plat. If it is determined that there is substantial difference in the final plat than that which was approved as a preliminary plat or conditions which have not been met, the administrator may require that the final plat be submitted to the technical review committee and commission in the same manner as required in the preliminary plat process.

         (c)   Upon the determination that the final plat is in compliance with the preliminary plat and all conditional requirements have been met, the administrator shall place the final plat on the council agenda within forty five (45) days from the date that an acceptable final plat application was received and acknowledged by the administrator. (Ord. 475, 11-13-1990)

         (d)   The administrator shall transmit one copy of the final plat, or other documents submitted, for review and recommendation to the departments and agencies as he deems necessary to ensure compliance with the preliminary approval and/or conditions of preliminary approval.

      5.   Agency Review: Agency review shall also include the construction standards of improvements, compliance with health standards, the cost estimate for all improvements and the legal review of the performance bond. All costs of said reviews to be prepaid by the subdivider. (Ord. 620, 3-8-2010)

      6.   Council To Make Decision On Final Plat: The council at its next meeting following receipt of the administrator's report shall consider the commission's findings, and comments from concerned persons and agencies to arrive at a decision on the final plat.

      7.   Additional Information May Be Required: The council shall approve, approve conditionally, disapprove, or table the final plat for additional information within thirty (30) days of the date of the regular meeting at which the plat is first considered.

      8.   Copy Of Approved Plat Filed: A copy of the approved plat shall be filed with the administrator.

      9.   Reasons For Granting Or Denying Final Plat: Upon granting or denying the final plat the council shall specify:

         (a)   The ordinance and standards used in evaluating the application;

         (b)   The reasons for approval or denial; and

         (c)   The actions, if any, that the applicant could take to obtain a permit.

      10.   Final Plat Filed: The final plat shall be filed with the county recorder within thirty (30) days after written approval by the council; otherwise, such approval shall become null and void unless prior to said expiration date an extension of time is applied for by the subdivider and granted by the council. (Ord. 475, 11-13-1990)

      11.   Submit Final Plat For Recording: Upon approval of the final plat by the council, the subdivider's prepayment of recording fees and all review fees, posting of surety bond or other acceptable guarantee and the inclusion of the following signatures on the final plat, the administrator shall submit the final plat to the county recorder for recording: (Ord. 620, 3-8-2010)

         (a)   Certification and signature of the council verifying that the subdivision has been approved;

         (b)   Certification and signature of the city clerk, if required, and the city engineer verifying that the subdivision meets the city requirements and has been approved by the council; and

         (c)   Certification of the sanitation restrictions on the face of the plat per section 50-1326, Idaho Code. (Ord. 475, 11-13-1990)

   (A)   Minimum Design Standards Required: All plats submitted pursuant to the provisions of this chapter, and all subdivisions, improvements and facilities done, constructed or made in accordance with said provisions shall comply with the minimum design standards set forth in the current version of the ISPWC with city addendums to be adopted by resolution or as otherwise directed by the city engineer. (Ord. 620, 3-8-2010)

   (B)   Dedication: Within a proposed subdivision arterial and collector streets, as shown on the comprehensive plan, shall be dedicated to the public in all cases; in general, all other streets shall also be dedicated to public use.

   (C)   Location: Street and road location shall conform to the following:

      1.   Street Location And Arrangements: When an official street plan or comprehensive development plan has been adopted, subdivision streets shall conform to such plans;

      2.   Minor Streets: Minor streets shall be so arranged as to discourage their use by through traffic;

      3.   Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall be such that said streets extend to the boundary line of the tract to make provisions for the future extension of said streets into adjacent areas. A reserve strip may be required and held in public ownership;

      4.   Relation To Topography: Streets shall be arranged in proper relation to topography so as to result in usable lots, safe streets and acceptable gradients;

      5.   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;

      6.   Cul-De-Sac Streets: Cul-de-sac streets shall not be more than five hundred feet (500') in length and shall terminate with an adequate turnaround having a minimum radius of fifty feet (50') for right of way;

      7.   Half Streets: Half streets shall be prohibited except where unusual circumstances make such necessary to the reasonable development of a tract in conformance with this chapter and where satisfactory assurance for dedication of the remaining part of the street is provided. Whenever a tract to be subdivided borders on an existing half or partial street, the other part of the street shall be dedicated within such tract; and

      8.   Private Streets: Private streets and roads shall be prohibited except within planned unit developments.

   (D)   Specifications:

      1.   Streets Right Of Way Widths: Street and road right of way widths shall conform to the adopted major street plan or comprehensive development plan and the rules of the state department of highways and Valley County or department having jurisdiction; minimum right of way standards are as follows:

         (a)   Minor arterial: Eighty feet (80') width.

         (b)   Collector street: Sixty feet (60') width.

         (c)   Minor street: Fifty feet (50') width.

      2.   Street Grades: Street grades shall not exceed ten percent (10%) on either minor or collector streets, and six percent (6%) for arterial streets.

      3.   Street Alignment: Shall be as follows:

         (a)   Horizontal alignment: When street lines deflect from each other by more than ten degrees (10°) in alignment, the centerlines shall be connected by a curve having a minimum radius of five hundred feet (500') for arterial streets, three hundred feet (300') for collector streets. Between reverse curves on collector and arterial streets there shall be a minimum tangent distance of two hundred feet (200'); and

         (b)   Vertical alignment: Minimum stopping sight distances shall be two hundred feet (200') for minor streets and designed in accordance with design speed for collector and arterial streets.

      4.   Residential Street Construction: The following standards for street design and construction shall apply to all new residential streets:

         (a)   Design Plans: Design plans for street construction and subdivision drainage shall be submitted to and approved by the city engineer prior to construction. Subgrade construction must be approved before placing the gravel surfacing.

         (b)   Clearing: The city may require the clearing of the full right of way width.

         (c)   Subgrade Embankment: Subgrade embankment shall be placed in uniform layers not exceeding eight inches (8") thick and compacted. Top twelve inches (12") of subgrade shall be compacted to ninety percent (90%) maximum density.

         (d)   Surfacing:

            (1)   Base course shall be a minimum of seven inches (7") of two inch (2") maximum crushed gravel. Finish course shall be three inches (3") of three-fourths inch (3/4") crushed gravel. City engineer may require lab tests and ballast requirements if subgrade conditions are questionable and require additional gravel base material; also city may approve acceptable local material in lieu of above requirements.

            (2)   Gravel shall be compacted to ninety percent (90%) density.

            (3)   Asphalt surfacing at the option of the subdivider may be installed and shall be two inches (2") of mat plant bituminous or BST material.

         (e)   Drainage:

            (1)   Side ditches shall drain to cross drains which size shall be approved by the city engineer.

            (2)   Cross drains at intersections shall be set back ten feet (10') from the appropriate property line or located according to the recommendations of the city engineer.

            (3)   Driveway approach pipes shall be twelve inches (12") minimum diameter.

   (E)   Street Names: The naming of streets shall be in accordance with title 8, chapter 5 of this code.

   (F)   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 degrees (70°);

      2.   Sight Triangles: Minimum clear sight distance at all minor street intersections shall permit vehicles to be visible to the driver of another vehicle when each is one hundred feet (100') from the center of the intersection;

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

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

      5.   Centerline Offsets: Street centerlines shall be offset by a distance of at least one hundred twenty five feet (125');

      6.   Vertical Alignment Of Intersection: A nearly flat grade with approximate drainage slopes is desirable within intersections. This flat section shall be extended a minimum of one hundred feet (100') each way from the intersection. An allowance of two percent (2%) maximum intersection grade in rolling terrain, and four percent (4%) in hilly terrain, will be permitted. (Ord. 397, 1983)

   (G)   Pedestrian Walkways: Right of way for pedestrian walkways will be required and shall be at least ten feet (10') wide. (Ord. 620, 3-8-2010)

   (H)   Easements: Unobstructed utility easements shall be provided along front lines, rear lot lines and side lot lines when deemed necessary; total easement width shall not be less than twelve feet (12'). Unobstructed drainageway easements shall be provided as required by the council.

   (I)   Blocks: Every block shall be so designed as to provide two (2) tiers of lots; except where lots back onto an arterial street, natural feature or subdivision boundary; blocks shall not be less than five hundred feet (500') long in all cases.

   (J)   Lots: Lots shall conform to the following:

      1.   Zoning: The lot width, depth and total areas shall not be less than the requirements of any applicable zoning ordinance;

      2.   Future Arrangements: Where parcels of land are subdivided into unusually large lots (such as when large lots are approved for septic tanks), the parcels shall be divided, where feasible, so as to allow for future resubdividing into smaller parcels. Lot arrangements shall allow for the ultimate extension of adjacent streets through the middle of wide blocks. Whenever such future subdividing or lot splitting is contemplated the plan thereof shall be approved by the commission prior to the taking of such action; and

      3.   Sufficient Area For Septic Tank: Where individual septic tanks have been authorized sufficient area shall be provided, for a replacement sewage disposal system.

   (K)   Planting Strips And Reserve Strips: Planting strips and reserve strips shall conform to the following:

      1.   Planting Strips: Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement; and

      2.   Reserve Strips:

         (a)   Reserve Strips, Private: Privately held reserve strips controlling access to streets shall be prohibited; and

         (b)   Reserve Strips, Public: A one foot (1') reserve strip may be required to be placed along half streets which are within the subdivision boundaries and shall be deeded in fee simple to the city for future street widening.

   (L)   Public Sites And Open Spaces: Public sites and open spaces shall conform to the following:

      1.   Public Uses: Where it is determined that a proposed park, playground, school or other public use as shown on the future acquisition map, as authorized by section 67-6517, Idaho Code, is located in whole or in part within a proposed subdivision the commission shall notify the appropriate public agency concerning the land proposed to be acquired. Within thirty (30) days of the date of notice, the public agency may request the governing body to suspend consideration on the subdivision for sixty (60) days. If an agreement is not reached within sixty (60) days the commission shall resume consideration of the subdivision;

      2.   Natural Features: 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 preserved in the design of the subdivision; and (Ord. 397, 1983)

      3.   Special Developments: In the case of planned unit developments and large scale developments, the commission may require sufficient park, open space facilities and open space for the storage of snow, of acceptable size, location and site characteristics that may be suitable for the proposed development. (Ord. 620, 3-8-2010)

   (M)   Protective Covenants:

      1.   Protective covenants may be prepared and recorded as part of a subdivision.

      2.   The commission shall review and approve subdivision restrictive covenants prior to recording.

      3.   The determination of the commission, upon reviewing and approving the protective covenants, is to resolve any conflicts with existing subdivision and zoning regulations. (Ord. 397, 1983)

   (A)   Responsibility For Plans: It shall be the responsibility of the subdivider of every proposed subdivision to have prepared by a registered engineer, a complete set of construction plans, including profiles, cross section, specifications and other supporting data, for all required public streets, utilities and other facilities. Such construction plans shall be based on preliminary plans which have been approved with the preliminary plat, and shall be prepared in conjunction with the final plat. An outdoor lighting plan shall also be submitted at this time if and/or when an outdoor lighting ordinance is adopted. Construction plans are subject to approval by the responsible public agencies. The cost of reviewing plans for compliance shall be prepaid by the subdivider. All construction plans shall be prepared in accordance with the public agency's standards or specification. (Ord. 620, 3-8-2010)

   (B)   Required Public Improvements: Every subdivider shall be required to install the following public and other improvements in accordance with the conditions and specifications as follows:

      1.   Monuments: Monuments shall be set in accordance with section 50-1303, Idaho Code;

      2.   Streets And Alleys: All streets and alleys shall be constructed in accordance with the standards and specifications adopted by the council;

      3.   Curbs And Gutters: Rolled curbs and gutters shall be required on all streets. All construction shall be in accordance with the standards and specifications adopted by the council;

      4.   Installation Of Public Utilities: Underground utilities shall be installed;

      5.   Driveways: All driveway openings in curbs shall be as specified by the Cascade street department;

      6.   Storm Drainage: An adequate storm drainage system shall be required in all subdivisions. The requirements for each particular subdivision shall be established by the council. Construction shall follow the specifications and procedures established by council;

      7.   Public Water Supply And Sewer Systems: All public water supply or sewer systems (serving 2 or more separate premises or households) shall be constructed in accordance with any adopted local plans and specifications. 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 subdivider that the extension is not feasible and not to the best interest of the public. All sewer and water plans shall be submitted to the state department of environmental and community services for approval;

      8.   Maintenance And Operation Of Public Water Supply And Sewer Systems: The subdivider shall provide for a perpetual method of maintenance and operation of the public water supply or sewer system (serving 2 or more households) to ensure the continued usefulness of the system;

      9.   Fire Hydrants And Water Mains: Adequate fire protection shall be required in accordance with the Cascade building code and fire code standards;

      10.   Street Name Signs: Street name signs shall be installed in the appropriate locations at each street intersection in accordance with local standards. A fee equal to the cost of each sign including installation shall be paid by the subdivider;

      11.   Sidewalks And Pedestrian Walkways: Sidewalks shall be required on both sides of the street. Pedestrian walkways shall have easements at least ten feet (10') in width and include a paved walk at least four feet (4') in width. Sidewalks and crosswalks shall be constructed in accordance with the standards and specifications as adopted by the council and comply with ADA standards;

      12.   Greenbelt: Greenbelts or landscaping screening may be required for the protection of residential properties from adjacent major arterial streets, waterways, railroad rights of way or other features. Subdivision plats shall show the location of any greenbelt areas; and

      13.   Street Lighting: Streetlights shall be required to be installed at intersections throughout the subdivision. A subdivider shall conform to the requirements of the city and the public utility providing such lighting. (Ord. 672, 5-12-2014)

   (C)   Financial Guarantee Arrangements: In lieu of the actual installation of required public improvements, planned and proposed amenities, before filing of the final plat, the council shall require the subdivider to provide a financial guarantee of performance in one or a combination of the following arrangements for those requirements and amenities which are over and beyond the requirements of any other agency responsible for the administration, operation and maintenance of the applicable public or planned improvement.

      1.   Letter Of Credit:

         (a)   A letter of credit shall be established by the developer with an authorized financial institution to do business in the state of Idaho naming the city of Cascade as the beneficiary of the letter of credit should the subdivider not complete the terms of improvements;

         (b)   The letter of credit shall be for an amount equal to one hundred twenty percent (120%) of the total estimated cost for completing construction of the specific public improvement, as estimated by the city engineer and approved by the council;

         (c)   An escrow agreement shall be drawn and furnished to the council;

         (d)   The letter of credit shall be returned to subdivider after all improvements are verified by the proper agencies to be completed. (Ord. 620, 3-8-2010)

      2.   Surety Bond:

         (a)   Accrual: The bond shall accrue to the city covering construction, operation and maintenance of the specific public improvement; (Ord. 475, 11-13-1990)

         (b)   Amount: The bond shall be in an amount equal to one hundred twenty percent (120%) of the total estimated cost for completing construction of the specific public improvement, as estimated by the city engineer and approved by the council; (Ord. 620, 3-8-2010)

         (c)   Term Length: The term length in which the bond is in force shall be for a period to be specified by the council for the specific public improvement;

         (d)   Bonding For Surety Company: The bond shall be with a surety company authorized to do business in the state, acceptable to the council; and

         (e)   Escrow Agreement: The escrow agreement shall be drawn and furnished by the council.

      3.   Cash Deposit, Certified Check, Or Negotiable Bond:

         (a)   Treasurer, Escrow Agent Or Trust Company: A cash deposit, certified check, or negotiable bond (such surety acceptable by the council), shall be deposited with an escrow agent or trust company; (Ord. 475, 11-13-1990)

         (b)   Dollar Value: The dollar value of the cash deposit, certified check, or negotiable bond shall be equal to one hundred twenty percent (120%) of the estimated cost of construction for the specific public improvement, as estimated by the city engineer and approved by the council; (Ord. 620, 3-8-2010)

         (c)   Escrow Time: The escrow time for the cash deposit, certified check, or negotiable bond shall be for a period to be specified by the council; and

         (d)   Progressive Payment: In the case of cash deposits or certified checks, an agreement between the council and the subdivider may provide for progressive payment out of the cash deposit or reduction of the certified check, or negotiable bond, to the extent of the cost of the completed portion of the public improvement, in accordance with a previously entered into agreement. (Ord. 475, 11-13-1990)

   (D)   Conditional Approval Of Final Plat: With respect to financial guarantees, the approval of all final subdivision plats shall be conditioned on the accomplishment of one of the following:

      1.   The construction of improvements required by this chapter shall have been completed by the subdivider and approved by the council; or

      2.   Surety acceptable to the council shall have been filed in the form of a cash deposit, certified check, or negotiable bond, or surety bond.

   (E)   Inspection Of Public Improvements Under Construction: Before approving a final plat and construction plans and specification for public improvements, an agreement between the subdivider and the council shall be made to provide for checking or inspecting the construction and its conformity to the submitted plans.

   (F)   Penalty In Case Of Failure To Complete The Construction Of Public Improvement: In the event the subdivider shall, in any case, fail to complete such work within the period of time as required by the conditions of the guarantee for the completion of public improvements, it shall be the responsibility of the council to proceed to have such work completed. In order to accomplish this, the council shall appropriate the cash deposit, certified check, or negotiable bond which the subdivider may have deposited in lieu of a surety bond, or may take such steps as may be necessary to require performance by the bonding or surety company, and as included in a written agreement between the council and the subdivider with written approval of the surety company.

   (G)   Documentation And Guarantee: To require the engineer of record on the project to provide the city with documentation of the specifications used and a guarantee that the project was built as planned and approved. After the project engineer signs off on the project, the city's engineer will verify that the project was built as planned. (Ord. 620, 3-8-2010)

   (A)   Purpose: The purpose of this section is to identify various types of developments that normally pose special concerns to the commission and elected officials when reviewing and acting upon subdivision requests. This section outlines the plan submittal requirements and design standards that shall be taken into consideration when acting on special developments. The provisions of this section are in addition to the plan requirements, design standards and improvement standards that are required by sections 3-2-3, 3-2-4 and 3-2-5 of this chapter.

   (B)   Hillside Subdivision:

      1.   Appearance And Preservation: In order to preserve, retain, enhance and promote the existing and future appearance, natural topographic features, qualities and resources of hillsides, special consideration shall be given to the following:

         (a)   Skyline and ridge tops;

         (b)   Rolling grassy landforms, including knolls, ridges and meadows;

         (c)   Trees and shrub masses, grass, wildflowers and topsoil;

         (d)   Rock outcroppings;

         (e)   Streambeds, draws and drainage swales, especially where tree and plant formations occur; and

         (f)   Characteristic vistas and scenic panoramas.

      2.   Hillside Development Evaluation:

         (a)   All development proposals shall take into account, including, but not limited to:

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

            (2)   Orientation of development on the site so that grading and other site preparation is kept to an absolute minimum;

            (3)   Shaping of essential grading to blend with natural landforms and to minimize the necessity of padding and/or terracing of building sites;

            (4)   Division of large 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; (Ord. 397, 1983)

            (5)   Completion of paving as rapidly as possible after grading; (Ord. 620, 3-8-2010)

            (6)   Allocation of areas not well suited for development because of soil, geology or hydrology limitations for open space and recreation uses;

            (7)   Minimizing disruption of existing plant and animal life; and

            (8)   Consideration of the view from and of the hills.

         (b)   Areas having soil, geology or hydrology hazards shall not be developed unless it is shown that:

            (1)   Hazard to life or property will not exist;

            (2)   The safety, use or stability of a public way or drainage channel is not jeopardized; and

            (3)   The natural environment is not subjected to undue impact.

      3.   Engineering Plans: The developer shall retain a professional engineer(s) to obtain the following information:

         (a)   Soils Report: For any proposed hillside development a soils engineering report shall be submitted with the preliminary plat.

         (b)   Geology Report:

            (1)   For any proposed hillside development a geology report shall be submitted with the preliminary plat.

            (2)   The investigation and subsequent report shall be completed by a professional geologist registered in the state.

         (c)   Hydrology Report:

            (1)   For any proposed hillside development a hydrology report shall be submitted with the preliminary plat.

            (2)   Flood frequency curves shall be provided for the area proposed for development.

      4.   Grading Plan:

         (a)   A preliminary grading plan shall be submitted with each hillside preliminary plat proposal and shall include the following information:

            (1)   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;

            (2)   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

            (3)   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.

         (b)   A final grading plan shall be submitted with each final plat and shall include the following information:

            (1)   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;

            (2)   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

            (3)   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) days prior to grading.

      5.   Development Standards:

         (a)   Soils:

            (1)   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; no rocks or similar irreducible material with a maximum dimension greater than eight inches (8") shall be used as fill material in fills that are intended to provide structural strength.

            (2)   Fills shall be compacted at least ninety five percent (95%) of maximum density, as determined by AASHO T99 and ASTM D698.

            (3)   Cut slopes shall be no steeper than two horizontal to one vertical (2:1); subsurface drainage shall be provided as necessary for stability.

            (4)   Fill slopes shall be no steeper than two horizontal to one vertical (2:1); fill slopes shall not be located on natural slopes two to one (2:1) or steeper, or where fill slope toes out within twelve feet (12') horizontally of the top of an existing or planned cut slope.

            (5)   Tops and toes of cut and fill slopes shall be set back from property boundaries a distance of three feet (3') plus one-fifth (1/5) of the height of the cut or fill but need not exceed a horizontal distance of ten feet (10'); tops and toes of cut and fill slopes shall be set back from structures a distance of six feet (6') plus one-fifth (1/5) the height of the cut or fill, but need not exceed ten feet (10').

            (6)   The maximum horizontal distance of disturbed soil surface shall not exceed seventy five feet (75').

         (b)   Roadways:

            (1)   Road alignments should follow natural terrain and no unnecessary cuts or fills shall be allowed in order to create additional lots or building sites.

            (2)   One-way streets shall be permitted and encouraged where appropriate for the terrain and where public safety would not be jeopardized. Maximum width shall be seventeen feet (17') between backs and curbs.

            (3)   The width of the graded section shall extend three feet (3') beyond the curb back or edge of the pavement on both the cut and fill sides of the roadway. If sidewalk is 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. (Ord. 397, 1983)

            (4)   Standard rolled curb and gutters will be installed along both sides of all paved roadways. (Ord. 620, 3-8-2010)

            (5)   A pedestrian walkway plan shall be required.

         (c)   Driveways And Parking:

            (1)   Combinations of collective private driveways, cluster parking areas and on street parallel parking bays shall be used to attempt to optimize the objectives of minimum soil disturbance, minimum impervious cover, excellence of design and aesthetic sensitivity.

      6.   Vegetation And Revegetation:

         (a)   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 on slope stability, soil erosion, water quality and fish and wildlife.

         (b)   Vegetation sufficient to stabilize the soil 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.

         (c)   The developer shall be fully responsible for any destruction of native vegetation proposed 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.

      7.   Maintenance: The owner of any private property on which grading or other work has been performed pursuant to the 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.

      8.   New Service Utilities: All new service utilities shall be placed underground.

   (C)   Planned Unit And Condominium Subdivisions:

      1.   General: Planned unit and condominium developments shall be subject to requirements set forth in the zoning ordinance and also subject to all provisions within this chapter.

      2.   Minimum Area: A planned unit development for the following principal uses shall contain an area of not less than:

         (a)   Three (3) acres or one city block for residential use, except for a mobile home subdivision;

         (b)   Five (5) acres for mobile home subdivisions;

         (c)   Five (5) acres for residential use with subordinate commercial use;

         (d)   Ten (10) acres for commercial use; and

         (e)   Ten (10) acres for industrial use.

      3.   Site Development Plan: The developer shall provide the commission with a colored rendering of adequate scale to show the completed development that will include at least the following:

         (a)   Architectural style and building design;

         (b)   Building materials and color;

         (c)   Landscaping;

         (d)   Screening;

         (e)   Garbage areas;

         (f)   Parking; and

         (g)   Open space.

      4.   Private Streets: Private street construction standards shall be based upon recommendations from the City Engineer. Adequate construction standards may vary depending on the size of the development and the demands placed on such improvements.

      5.   Home Owner's Association: The home owner's association by-laws and other similar deed restrictions, which provide for the control and maintenance of all common areas, recreation facilities or open space shall meet with the approval of the Council. Any and all powers as specified in such agreements may also be assigned to the Council for the purpose of assessing the property for delinquencies and enforcement of motor vehicle speed to protect the best interests of the owners involved and of the general public.

      6.   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 every one living unit. This may be reduced by the Council if there is showing that the needs of a particular development are less.

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

      8.   Maintenance Building: A maintenance building shall be provided, size and location to be suitable for the service needs that are necessary for the repair and maintenance of all common areas.

      9.   Open Space: The location of open space shall be appropriate to the development and shall be of such shape and area to be usable and convenient to the residents of the development.

      10.   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.

   (D)   Mobile Home Subdivision:

      1.   General: Mobile home subdivisions shall be subject to any requirements set forth in the Zoning Ordinance.

      2.   Special Requirements: Mobile home subdivisions shall be subject to the following special requirements:

         (a)   Developed as planned unit development with a minimum of area for the planned development of five (5) acres;

         (b)   Screening from adjacent areas, other than subdivisions of the same type, by aesthetically acceptable fences, walls, living planting areas and existing natural or manmade barriers; and

         (c)   Creation of a home owner's association to assure that all common areas are adequately maintained.

   (E)   Large-Scale Development Subdivision:

      1.   Required Information: Due to the impact that a large-scale development would have on public utilities and services, the developer shall submit the following information along with the preliminary plat:

         (a)   Identification of all public services that would be provided to the development (i.e., fire protection, police, central water, central sewer, road construction, parks and open space, recreation, maintenance, schools and solid waste collection);

         (b)   Estimate the public service costs to provide adequate service to the development;

         (c)   Estimate the tax revenue that will be generated from the development; and

         (d)   Suggested public means of financing the services for the development if the cost for the public services would not be offset by tax revenue received from the development.

   (F)   Cemetery Subdivision:

      1.   The developer shall provide the Commission with written documentation that will sufficiently explain the functions of the proposed cemetery for either human or animal remains; and

      2.   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 management requirements that are outlined in title 27, Idaho Code.

   (G)   Subdivision Within a Flood Plain:

      1.   Flood Areas:

         (a)   For any proposed subdivision that is located within a flood plain, the developer shall provide the Commission with a development plan of adequate scale and supporting documentation that will show and explain at least the following:

            (1)   Location of all planned improvements;

            (2)   Location of the floodway and the floodway fringe, per engineering practices as specified by the Army Corps of Engineers;

            (3)   The location of the present water channel;

            (4)   Any planned re-routing of waterways;

            (5)   All major drainage ways;

            (6)   Areas of frequent flooding;

            (7)   Means of flood proofing buildings; and

            (8)   Means of insuring loans for improvements within the flood plain.

   2.   Justification for Development:

         (a)   Upon the determination that buildings are planned within the flood plain or that alterations of any kind are anticipated within the flood plain that will alter the flow of water, the developer shall demonstrate conclusively to the Commission that such development:

            (1)   Will not present a hazard to life, limb or property; and

            (2)   Will not have adverse effects on the safety, use or stability of a public way or drainage channel or the natural environment.

         (b)   No subdivision or part thereof shall be approved if levees, fills structures or other features within the proposed subdivision will individually or collectively significantly increase flood flows, heights or damages. If only part of a subdivision can be safely developed, the Council shall limit development to that part and shall require that development proceed consistent with that determination.

         (c)   Subdivisions shall be reviewed to assure that:

            (1)   All such proposals are consistent with the need to minimize flood damage;

            (2)   All public utilities and facilities, such as sewer, electrical and water systems are located and constructed to minimize or eliminate flood damages; and

            (3)   Adequate drainage is provided so as to reduce exposure to flood hazards.

         (d)   New or replacement water supply systems and/or sanitary sewage systems shall be designated to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and require on-site wastes disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.

   (H)   Subdivision Within an Area of Critical Concern:

      1.   General: Hazardous or unique areas may be designated as an area of critical concern by the Council or by the State. Special consideration shall be given to any proposed development within an area of critical concern to assure that the development is necessary and desirable and in the public interest in view of the existing unique conditions. Hazardous or unique areas that may be designated as areas of critical concern are as follows:

         (a)   Avalanche paths;

         (b)   Earthquake locations;

         (c)   Unstable soils;

         (d)   Unique animal life;

         (e)   Unique plant life;

         (f)   Scenic areas;

         (g)   Historical significance;

         (h)   Flood plain; and

         (i)   Other areas of critical concern.

      2.   Plan Submission: The developer shall prepare and submit an environmental assessment along with the preliminary plat application for any development that is proposed within an area of critical concern.

      3.   Content of Environmental Assessment: The content of the environmental assessment shall usually be prepared by an interdisciplinary team of professionals that shall provide answers to the following questions:

         (a)   What changes will occur to the area of environmental concern as a result of the proposed development?

         (b)   What corrective action or alternative development plans could occur so as not to significantly change the area of environmental concern?

         (c)   What changes in the area of environmental concern are unavoidable? and

         (d)   What beneficial or detrimental affect would the development have on the environment (i.e., animal life, plant life, social concerns, economic noise, visual and other)?

   (A)   Application Procedure:

      1.   Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement, or desiring to dedicate a street right of way or easement shall complete and file an application with the Administrator. These provisions shall not apply to the widening of any street which is shown in the comprehensive development plan, or the dedication of streets, rights of way or easements to be shown on a recorded subdivision.

      2.   Administrator Action: Upon receipt of the completed application the Administrator shall affix the date of application acceptance thereon. The Administrator shall place the application on the agenda for consideration at the next regular meeting of the Commission which is held not less than fifteen (15) days after said date of acceptance.

   (B)   Action:

      1.   Commission Recommendation: The Commission shall review the request and all agency response and make a recommendation to the Council for either approval, conditional approval or denial.

      2.   Council Action:

         (a)   When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights of way or lands are vacated, the Council shall provide adjacent property owners with a quit claim deed for the vacated rights of way in such proportions as are prescribed by law.

         (b)   When considering an application for dedication procedures, the Council may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the council a deed describing and conveying such lands to be recorded with the County Recorder.

Application for a variance of the provisions of this Chapter shall be processed under Section 3-1-13(C), Cascade City Code.

   (A)   Detection of Violation: The Administrator shall periodically research the County Assessor's records and perform the necessary investigation to detect any violations of this Chapter.

   (B)   Enforcement: No subdivision plat required by this Chapter shall be admitted to the public land records of the County or recorded by the County Recorder, until such subdivision plat has received final approval by the Council. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by this Chapter until the final plat has received the approval by the council. The city attorney shall, in addition to taking whatever criminal action deemed necessary, take steps to civilly enjoin any violation of this chapter.

   (C)   Penalties: Penalties for failure to comply with the provisions of this chapter shall be as follows:

"Violation of any of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor. Each day such violation continues shall be considered a separate offense. The land owner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense. Nothing herein contained shall prevent the council or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this chapter."

(Ord. 397, 1983)

   (A)   General: The council may, from time to time, amend, supplement or repeal the regulations and provisions of this chapter.

   (B)   Initiation Of Amendments: Amendments to this chapter may be initiated in one of the following ways:

      1.   By adoption of a motion by the commission;

      2.   By adoption of a motion by the council; and

      3.   By filing of an application for amendment by a property owner.

   (C)   Procedures:

      1.   Applications for amendment to this chapter shall contain:

         (a)   Name, address, and phone number of applicant;

         (b)   Proposed amendment area; and

         (c)   A statement on how the proposed changes relate to the comprehensive development plan.

      2.   The commission shall:

         (a)   Prior to recommending an amendment, supplement, or repeal of the ordinance, conduct at least one public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the plan to be discussed shall be published in the official newspaper within the jurisdiction.

         (b)   Also make available a notice to other papers, radio and television stations serving the jurisdiction for use as a public service announcement.

         (c)   If a material change is made in the ordinance other than that published for the present hearing, further notice and hearing shall be provided before the commission forwards its recommendations to the council.

      3.   The council shall:

         (a)   Prior to adopting an amendment, supplement or repeal of the ordinance, conduct at least one public hearing using the same notice and hearing procedures as the commission.

         (b)   Not hold a public hearing, giving notice of a proposed hearing nor take action until recommendations have been received from the commission.

         (c)   If a material change is made in the ordinance, other than that published for the present hearing, further notice and hearing shall be provided before the council adopts the amendment, supplement or repeal. (Ord. 397, 1983)

This chapter shall be in full force and effective upon publication following passage and approval. (Ord. 620, 3-8-2010)