The harmonious development of the city;

The coordination of streets and roads within a subdivision with other existing or planned streets and roads;

Adequate open space for travel, light, air and recreation;

Adequate transportation, water drainage and sanitary facilities;

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

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

The manner and form of making and filing of any plats; and

The administration of these regulations.

One division of any original tract of land into two parcels per the definition of "lot split."

Lot line adjustments.

No plat in the city shall be recorded or offered for record until the final plat has been approved by the council and shall bear thereon the approval, by endorsement, of the mayor or city clerk.

If the property to be subdivided is located in both the city and the impact area, the property shall first be annexed into the city limits.

An application for a preliminary plat, final plat, or combined preliminary and final plat shall be required as stipulated within DCC § 18.05.050.

Preliminary Plat.

Final Plat.

Combining 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 exist:

No building permits shall be issued until the improvements required for the protection of health and the provision of safety are completed, including: approved potable water system, an approved wastewater system, adequate fire flows approved by the Donnelly Rural Fire Protection District, completed streets, utility services, and approved drainage system.

In lieu of actual construction, and with the consent of the council, the developer may provide the city such security as may be acceptable to the city, in a form and in an amount equal to the cost of the engineering and improvements not previously installed by the developer, plus 50%. Such security shall fully secure and guarantee completion of the required improvements within one year from the date said security is issued. If any extension of said one year is granted by the city, each additional year, or portion thereof, shall require an additional 20% to be added to the amount of the original security initially provided.

Water, sewer, and streets are required in all districts.

Curbs, gutters, and sidewalks are required in all districts unless waived by the council.

Ground cover and/or landscaping with adequate irrigation shall be provided in all common areas which are not used for parking as required by the design review section of this title.

Adequate drainage shall be provided for storm water and melt water, and shall be consistent with the best management practices under state and federal storm water and melt water regulatory programs and shall meet the minimum of a 100-year storm event. Plans, and any supporting documentation, shall be stamped and signed by an Idaho registered professional engineer.

Alleys shall be provided in the central business district.

Street lights shall be provided at intersections with collector or arterial streets as determined by the Administrator. The homeowners' association will be responsible for the maintenance and upkeep of street lights. Lighting will be in accordance with the design review requirements of this title, and in the spirit of the "dark sky" concept.

Utilities shall be underground.

Street name signs and traffic control signs shall be installed by the developer. Street name signs shall be installed in the appropriate locations at each street intersection in accordance with the local standards. A per street sign fee, to be adopted by resolution of the council, shall be paid by the subdivider. The city shall maintain the signs after installation.

By the adoption of a resolution of the council, the applicant shall, in addition to the requirements within this title, also comply with all infrastructure requirements, standards and infrastructure cost reimbursements developed by any such policies adopted by resolution.

Public Streets, Alleys, Driveways, Access and Snow Storage.

Compliance. Private streets may provide access to no more than 10% of the lots within a subdivision provided the council determines that the private streets are in compliance with each of the following standards:

Construction and Design Standards. Private streets shall conform to the following construction and design requirements:

Access and Maintenance Requirements. Provisions shall be made for the future maintenance of and access to private streets as follows:

Conformity to Comprehensive Plan. All private streets shall, in all respects, conform to all applicable components of the comprehensive plan.

Gated private streets are prohibited.

A 10-foot-wide unobstructed utility easement shall be provided along front and rear lot lines. A five-foot-wide unobstructed easement shall be required along all side lot lines. Lesser easement widths, to coincide with respective setbacks, may be considered by the council as part of a planned unit development or with a conditional use permit or as a part of a commercial or industrial subdivision.

Unobstructed drainageway easements shall be provided in conjunction with the utility easement alongside lot lines or as required by the city council. Total easement width, including the utility easement, shall not be less than 10 feet, except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development or with a conditional use permit or as a part of a commercial or industrial subdivision.

All natural drainage courses and irrigation ditches shall be left undisturbed or be improved in a manner which will improve the hydraulics and ease of maintenance of the channel as determined by the Administrator with approval of the council.

The length, width, and shape of blocks shall be determined with due regard to adequate building sites, suitable to the special needs of the type of use contemplated, the zoning requirements as to lot size and dimension, the need for convenient access and safe circulation, and the limitations and opportunities of topography.

All lots shown on the subdivision plat shall conform to the minimum standards for lots in the district in which the subdivision is planned.

Double frontage lots shall be prohibited except where unusual topography, a more integrated street plan, or other conditions make it undesirable to meet this requirement. Double frontage lots are those created by either public or private streets, but not by driveways or alleys. Subdivisions providing a platted common space of 25 feet or more between any street right-of-way and any single row of lots shall not be considered to have double frontage lots. The common space shall be landscaped with design review approved by the council. Access shall be allowed only on the lesser public street, meaning, if a collector and a local street create a double frontage lot, the access location shall be required on the local street.

Zoning. Lots within any subdivision shall comply in all respects with the official height and area regulations as set forth in this title, except that lot sizes that vary from the standards within this title may be considered as part of the planned unit development or conditional use permit.

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 re-subdividing 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 city council prior to taking of such action.

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

Intent. The placement of pathways is intended to encourage nonmotorized forms of travel, and to provide safe, convenient and aesthetic alternative travel routes to common destinations such as schools, parks, shopping centers, etc. The following factors will be considered in the placement of any pathway: the utility and need for a given pathway, impacts to existing neighborhoods, compliance with the transportation/pathway network maps within the comprehensive plan, pathway design as it relates to both crime prevention and function, and the responsibilities of ownership, maintenance, and liability.

The city council shall consider recommendations from the Donnelly Pathway Committee when determining pathway requirements.

Location.

A bicycle pathway system shall be provided within all subdivisions as part of the public right-of-way, within a common area, or separate easement, as may be specified by the city council. The council may approve local roads to be uses as bicycle pathways.

Pathway Design. While the city may exercise considerable discretion in determining the design of pathways, the following minimum standards shall be followed:

Responsibility. The following provisions are intended to provide guidance to those entities that are responsible for construction, maintenance and/or liability for a pathway. Installation costs, which may include construction of the paved path, are the responsibility of the developer.

Sidewalk Design. Except as specified with the design review section of this title for the central business district land use area, sidewalks shall comply with the following:

Subdivisions shall be designed to provide an arrangement of residential lots and enhanced integration of open space to avoid a cookie cutter style development. A favorable finding by the council must be obtained assuring that character, identity and architectural and siting variation are incorporated into the development and that these factors make up a substantial contribution to the objectives of the subdivision design. These minimum design elements are as follows:

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

The city council may require sufficient public and/or private park or open space facilities of acceptable size, location and site characteristics that may be suitable based upon the proposed development.

Common Area Open Space. The minimum percentage of the gross area that must be set aside for common area open space in new subdivisions shall be 15% in residential zones R-2 and greater density zoning designations and 15% of any of the gross area of residential use property within a Mixed-Use (MU) zone.

Active Open Space. A minimum of 15% of the common area open space shall be developed as active open space, as defined herein.

Direct Access. A minimum of 30% of all residential lots shall be designed to be adjacent to, or at a minimum, have direct access to, common area open space. The term "direct access" means all residential building lots are to be located a maximum of 250 feet away from a pathway connecting to a common area open space lot. Building lots separated from a common area open space lot by a local roadway with sidewalks shall be deemed to have achieved direct access.

Ownership and Management of Open Space.

Construction – Extension. All public water supply or sewer systems 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 in the best interest of the public.

Approval of Plans. All water and sewer plans shall be submitted to the Idaho department of health and welfare or its authorized agent for approval in accordance with the provisions of Idaho Code Section 50-1326.

Adequate Storm Drainage System. An adequate storm drainage system to accommodate storm water runoff from the public rights-of-way shall be required in all subdivisions. The requirements for each particular subdivision shall be established by the Valley County highway district and/or the Idaho transportation department, and construction shall follow the specifications and procedures established by said Valley County highway district or Idaho transportation department.

Interceptor Ditches. Interceptor ditches shall be established above all cut/fill slopes, and the intercepted water conveyed to a stable channel or natural drainageway with adequate capacity.

Curb, Gutter and Pavement Design. Curb, gutter and pavement design shall be such that water on roadways is prevented from flowing off the roadway.

Natural Drainageway Treatment. Natural drainageways shall be riprapped or otherwise stabilized below drainage and culvert discharge points for a distance sufficient to convey the discharge without channel erosion.

Runoff From Impervious Cover. Runoff from areas of concentrated impervious cover (for example, roofs, driveways and roads) shall be collected and transported to a natural drainageway with sufficient capacity to accept the discharge without undue erosion.

Deposit of Waste Material Prohibited. Waste material from construction, including soil and other solid materials, shall not be deposited within the 100-year floodplain.

Drainageways or Hydraulic Structures in Major Waterways. Drainageways or hydraulic structures in major waterways (defined as draining a basin area of 10 acres or more) shall be designed for the 100-year flood or to accommodate the runoff projected in the soil conservation service hydrology guide for residential development of the Boise front, whichever is greater. In minor waterways (defined as draining a basin area of less than 10 acres), such structures shall be designed for the 50-year flood or to accommodate the runoff projected in the soil conservation service hydrology guide for residential development of the Boise front, whichever is greater.

Storm Drainage Retention Facilities. On site retention or partial on site retention of storm drainage from new developments is required in any case where, due to development activity, such drainage would be increased either in peak flow rate or in total quantity from that previously discharged from the land or property being developed. Complete retention is required in all cases except those where: 1) runoff flows directly, without crossing intervening property, into an existing drain ditch or other drainage facility that is operated and maintained by a drainage receiver, and 2) such drainage receiver agrees, as evidenced by valid and binding public document, to receive a certain definite quantity of storm drainage from the development. Retention on site of any drainage not so accepted by a drainage receiver or of any drainage in excess of the quantity accepted by a drainage receiver is a duty of the current property owner at any time. Retention or partial retention facilities shall be provided as an essential part of such development. Design and construction of such retention facilities shall conform to standards, entitled "Design Standards For Storm Drainage Retention Facilities," adopted by resolution of the city council, and which standards may, from time to time, be amended by subsequent resolution of the council. All facilities shall be maintained on an ongoing basis in order to perform as designed. Should any of the provisions of the supplemental standards conflict with the standards set forth herein, the higher standard shall apply.

Sediment Catchment Ponds. Sediment catchment ponds shall be constructed and maintained downstream from each development, unless sediment retention facilities are otherwise provided. Any facility used shall provide for the removal of surface debris and contaminants, as well as sediment retention.

Completion and Operation Deadline. The overall drainage system shall be completed and made operational at the earliest possible time during construction.

Alterations of Major Drainageways. Alterations of major drainageways shall be prohibited except for approved road crossings and drainage structures.

Natural or Improved Open Channel Drainageways. Natural or improved open channel drainageways shall be preserved or provided for in major waterways; except, that at road crossings, conduits may be permitted. Minor waterways shall be permitted to be enclosed in conduits.

Reservation of Right to Require. The city reserves the right to require installation of hydrologic measuring devices in drainageways within any development at public expense.

Drainage System Plans. Drainage system plans shall show how lots will be graded so that all runoff runs either over the curb, or to a drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement.

Cash Deposit, Certified Check, Certificate of Deposit, or Irrevocable Bank Letter of Credit. A cash deposit, certified check, certificate of deposit, or an irrevocable bank letter of credit (issued by a local bank in the Valley County or Treasure Valley area), in the amount equal to 150% of the estimated construction costs of public improvements, shall be provided by the owner/developer and held by the city until said construction is complete. Construction cost estimates shall be reviewed and approved by the Administrator prior to city acceptance of said surety. The surety initiation and extension fees shall be established by resolution of the city council.

In the case of cash deposits or certified checks, an agreement between the city council and the subdivider may provide for progressive payment out of the cash deposit or reduction of the certified check, to the extent of the cost of the completed portion of the public improvement, in accordance with a previously entered into agreement.

Completion Time. All public improvements shall be completed within one year from the date of acceptance of the surety/financial guarantee of performance by the city. The Administrator may authorize a delay in the completion of public improvements due to weather conditions if, at a minimum, the surety is extended. Notwithstanding the foregoing, no final occupancy permit will be issued for any residence or business, whichever is applicable, until the sidewalk, sod, automatic irrigation, and street trees required in this title have been installed along the frontage of the lot that said residence/business is located upon.

Application for Vacation or Dedication. Any property owner desiring to vacate an existing subdivision, public 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 plan, or the dedication of streets, rights-of-way or easements to be shown on a recorded subdivision.

Administrative Action.

Dedication of Streets. 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 also shall be dedicated to public use.

Prior to the start of any construction, it shall be required that a preconstruction meeting be conducted with the developer or his authorized representative/engineer, the contractor, associated agencies, the Administrator and appropriate city staff. An approved set of plans shall be provided to the developer and contractor at such meeting. The Administrator may approve grading of the site prior to said preconstruction meeting.

The developer shall guarantee all improvements pursuant to this section for not less than one year from the date of final acceptance by the city, except that parks shall be guaranteed and maintained by the developer for a period of two years.

The developer shall construct all streets, alleys, drainage systems, water and sewer facilities, landscaping, fill, cuts and utilities in conformance with the approved plans.

Prior to the acceptance by the city of any improvements installed by the developer, two sets of as-built plans and specifications certified by the developer's engineer shall be filed with the city clerk.

Applications for lot line adjustments and lot splits shall be approved by the Administrator, and shall contain the following information:

The Administrator shall review the application to determine whether the lot(s) conform(s) to the development standards of the applicable zone, and any other applicable requirements of this title. The Administrator shall approve or deny the application based upon such review.

The Administrator shall notify the applicant, in writing, of the determination. If the Administrator finds that the application does not comply with this title, the Administrator shall also inform the applicant of the reason for the noncompliance.

When a property proposed to be subdivided is, in the opinion of the council, of such unusual shape or size, or is surrounded by such development or unusual conditions, that the strict application of the requirements contained herein would result in real difficulties and substantial hardships or injustices, the council may, during the public hearing of the preliminary plat, modify or waive such requirements by an official statement and justification to be provided within the adopted findings and conclusion of law for the application. Any such action is so that the developer is allowed to develop the property in a reasonable manner, but so, at the same time, the public welfare and interests of the city and surrounding area are protected and the general intent and spirit of this chapter are preserved. As used in this chapter, the phrase "real difficulties and substantial hardships or injustices" shall apply only to situations where strict application of the requirements of this chapter will deny the developer the reasonable and beneficial use of the property in question, and not in situations where the developer establishes only that exceptions will allow a more financially feasible or profitable subdivision.

Under no circumstances shall the council allow any waiver or modification of the floodplain requirements of this title. Furthermore, no waivers or modifications of requirements of wetlands, or any protected area will be permitted by the council without legal and appropriate application to, mitigation of, and approval by the governing agency according to federal, state and local laws.

Designation of Areas of Critical Concern. Hazardous or unique areas may be designated as areas of critical concern by the city council or by the state of Idaho. 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:

Environmental Assessment Plan. 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.

The contents of the environmental assessment shall be prepared by an interdisciplinary team of professionals that shall provide answers to the following questions: