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Gem County Unincorporated
City Zoning Code

CHAPTER 22

ROAD STANDARD APPLICATION PROCEDURES

11-22-1: APPLICABILITY:

   A.   This section shall apply to the following:
      1.   The application for new or expanded driveways.
      2.   The application for new private and public roads.
      3.   The change of use of existing private roads.
   B.   Exemptions.
      1.   Application for a new road shall not be required when an existing road has had prior written approval and provides access for the additional lots being proposed. Documents demonstrating approval and access must be submitted as part of the development application.
      2.   When the expansion of a driveway includes lots that were established prior to the effective date of this chapter but never constructed, the required approval of the new driveway or road shall not be required to follow the change of use process per section 11-22-4 . (Ord. 2025-06, 3-24-2025)

11-22-2: PROCESS TO CONSTRUCT OR EXPAND A DRIVEWAY:

   A.   All new or expanded driveways shall require a driveway permit through the Gem County road and bridge department, regardless of the type of road being accessed.
      1.   Access from a state highway shall submit proof of access permit from Idaho transportation department (ITD) and does not need a secondary permit from the county.
   2.   Any work within the county right-of-way requires a permit, including new road connection, utility work, drainage, mailboxes, signage, trails, sidewalks, or any other above or below surface work in the right-of-way. (Ord. 2025-06, 3-24-2025)

11-22-3: PROCESS TO CONSTRUCT A NEW ROAD:

   A.   Application for a new private or public road shall be submitted on forms provided by the development services department and include the associated application review fees.
      1.   Roads associated with a major subdivision shall demonstrate compliance within the required construction drawings.
      2.   Roads associated with minor subdivisions shall demonstrate compliance through supplementary materials to the final plat such as a site plan with notes specific to the design and construction of the road.
      3.   All site plans and plats, as applicable, shall show the location of all existing and proposed roads, alleys or highways by clear delineation of the centerlines, edge of roadway, and rights of way.
      4.   A circulation plan shall be submitted with all proposed new private roads to ensure that the new road will not interrupt access to existing or future potential lots or subdivisions.
      5.   A traffic impact study shall be submitted as applicable. Refer to the public Gem County road and bridge standards for traffic thresholds that require a traffic impact study (TIS) and the associated requirements of a TIS. Additional circumstances may occur that require a TIS at the county engineer's discretion.
   B.   Following approval of the following permits shall be acquired prior to construction of any road.
      1.   All new or upgraded points of access to county roads, including private roads, shall obtain an approach permit through the Gem County road and bridge department which could include a right-of-way permit per Gem County road and bridge standards.
         a.   Right-of- way permits shall not be issued for a proposed development until the construction drawings have been approved. For the purposes of this requirement, road construction includes road cuts, road, bridge, culvert, or drainage work related to roads, wetlands, or changes to the flow of streams, ditches or runoff.
      2.   Any work within the county right-of-way requires a permit, including new road connection, utility work, drainage, mailboxes, signage, trails, sidewalks, or any other above or below surface work in the right-of-way.
      3.   Access from a state highway shall submit proof of access permit from Idaho transportation department (ITD) and does not need a secondary permit from the county.
      4.   All private roads and driveways shall be required to complete the fire district permit process prior to construction.
      5.   All roads accepted as a public road, shall submit an approved instrument of dedication showing right-of-way dedication to the county for recording. If a subdivision plat is being approved, the plat dedication may be incorporated into the final plat.
   C.   During the subdivision process, if the requirement by a governmental entity to dedicate public right of way reduces the property to be developed in such a manner that lot layout, in minimum sizes as required by that zone, cannot be accomplished without creating one substandard sized lot, then one such lot may be created as long as its size is not less than eighty percent (80%) of the size required in that zone and meets southwest district health standards for a septic system. Such lot shall be considered a legal nonconforming lot and development may occur as if it were sized to meet minimum lot size for purposes of development. The dedicated right-of-way would be exempt from this provision as it does not create a buildable lot. (Ord. 2025-06, 3-24-2025)

11-22-4: PROCESS TO CHANGE THE USE OF A ROAD:

   A.   The party requesting the change of road use per Section 11-24-5 shall file an application with the county development services department. The application shall contain the following:
      1.   A completed application form as provided by the county development services department.
      2.   A map or plan which accurately depicts the location of all the properties and roads for which the request is being made and includes all properties with access from the private road or roads.
      3.   A list of the names and addresses of all property owners with access from the private road or roads.
      4.   Perpetual access easement agreement and associated maintenance agreement with record of county approval.
      5.   The application shall be reviewed by the county development services department and included with the subdivision or site plan application for which the change of roadway use applies to be processed according to these regulations. (Ord. 2025-06, 3-24-2025)

11-22-5: PROCESS TO DEDICATE A PRIVATE ROAD TO THE COUNTY:

   A.   For roads to be accepted by the county for public dedication outside of the subdivision process the following process shall be followed:
      1.   Submit a letter of intent including a preliminary site layout to the road and bridge director for initial review against state statutes and Gem County road and bridge standards.
      2.   Upon recommendation by the road and bridge director, the proposal shall be forwarded to the board of county commissioners for final acceptance of dedication.
      3.   The board of county commissioners shall have the explicit option of accepting or rejecting the road for dedication to the county.
   B.   Public Dedication Approval Criteria. The following criteria shall be considered in determining acceptance of roads by the county for public dedication:
      1.   The road meets the design criteria in the Gem County road and bridge standards at a minimum.
      2.   Acceptance of the road will provide a necessary connection between existing public roads. (Ord. 2025-06, 3-24-2025)

11-22-6: REQUIRED FINDINGS FOR APPROVAL OF DRIVEWAY AND ROAD APPLICATIONS:

   A.   In order to approve the application, the director of development services shall find the following:
      1.   The design of the driveway or road meets the applicable requirements of sections 11-23 , 11-24 , and 11-25 ;
      2.   Granting approval of the driveway or road would not cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity; and
      3.   The use and location of the driveway or road shall not conflict with the applicable comprehensive plan and/or the regional transportation plan. (Ord. 2025-06, 3-24-2025)