A.   General Provisions:

      1.   Authority: These regulations are authorized by title 50, chapter 13 and title 67, chapter 65 of the Idaho Code; and article 12, section 2 of the Idaho Constitution, as amended or subsequently codified.

      2.   Purpose: The purpose of these regulations is to promote the public health, safety and general welfare, and to provide for:

         a.   The harmonious development of the area;

         b.   The coordination of streets and roads within the subdivision with other existing or planned streets and roads;

         c.   Adequate open space for travel, light, air and recreational facilities;

         d.   Adequate transportation, water drainage and sanitary facilities;

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

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

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

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

            (1)   Roads shall be created and improved; and

            (2)   Water and sewer and other utility mains, piping connections or other facilities shall be installed;

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

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

      3.   Jurisdiction: These regulations shall apply to the subdividing of land within the corporate limits of the City including the property within one mile outside the corporate limits thereof. They shall also apply to the "area of impact" as established by agreement between the City and County in conformance with State law.

      4.   Interpretation: All subdivisions as 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.

      5.   Administration: The administration of this title shall be conducted by the Administrator. The Administrator shall be appointed by the Mayor and the appointment shall be ratified by the Council. (Ord. 649, 2018: Ord. 542, 2007)

   A.   Subdivision Approval Required: Any person desiring to create a “subdivision” as herein defined shall submit all necessary applications to the Administrator on forms as provided by the City. No final plat shall be filed with the County Recorder or improvements made on the property until such plat is approved by the health authority as to water and sewer systems. No final plat shall be filed with the County recorder or improvements made on the property until the plat has been acted upon following public hearings held in accordance to title 50, chapter 13 and title 67, chapter 65 of the Idaho Code and article 12, section 2 of the Idaho Constitution on a preliminary plat and a public meeting held by the council on final plats prior to council approval. No lots shall be sold until the plat has been recorded in the office of the county recorder.

   B.   Preapplication:

      1.   Application: The developer shall submit a preapplication to enable the administrator to review and comment on the proposed subdivision. The preapplication shall include at least one copy of a sketch plan. The sketch plan shall include the entire developmental scheme of the proposed subdivision, in schematic form and include the following:

         a.   The general layout and approximate dimensions of streets, blocks and lots in sketch form;

         b.   The existing conditions and characteristics of the land on and adjacent to the proposed subdivision site; and

         c.   The areas set aside for schools, parks and other public facilities.

      2.   Fee: None required.

      3.   Administrator Action: The administrator shall notify the developer within fifteen (15) days from the date of receiving an acceptable preapplication as to the general conformance or nonconformance of the proposal with this title, and shall provide the necessary forms and checklists, as well as the additional following considerations:

         a.   Compliance of the proposed development with existing local or state policies, goals and objectives or comprehensive plans;

         b.   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;

         c.   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 as areas of critical environmental concern, unique plant or animal life and floodplains; and

         d.   Consideration of other local and state agencies that the developer should contact before preparing a preliminary plat.

         e.   The city shall require the developer to mitigate the impact the subdivision will have on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the proposed subdivision.

   C.   Preliminary Plat:

      1.   Application: The developer shall file with the administrator a complete subdivision application form and preliminary plat date as required in this title.

      2.   Combining Preliminary And Final Plats: The applicant may request that the subdivision application be processed as both a preliminary and final plat if all the following exist:

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

         b.   No new street dedication or street widening is involved;

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

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

A request to combine both preliminary plat and final plat into one application shall be acted upon by the commission after receiving a recommendation by the administrator.

      3.   Content Of Preliminary Plat: The contents of the preliminary plat and related information shall be in such a form as stipulated by the commission; however, additional maps or data as deemed necessary by the administrator may also be required.

      The developer shall submit to the administrator at least the following:

         a.   Five (5) copies of the preliminary plat of the proposed subdivision, drawn in accordance with the requirements hereinafter stated; each copy of the preliminary plat shall be on good quality paper, shall be drawn to a scale of not less than one-inch equals one hundred feet (1" = 100'), shall show the drafting date and a north arrow. Developer shall provide the same documents to, the following jurisdictions if applicable but not limited to, Rock Creek Fire District, Idaho Power, Intermountain Gas, tele-communications, Twin Falls Canal Co., Twin Falls Highway District, Kimberly School District, and Idaho Transportation Department. Proof of jurisdictions receiving the documents, is required to be submitted to the City prior to any public hearings being scheduled.

         b.   A written application requesting approval of the preliminary plat.

         c.   Appropriate information that sufficiently details the proposed development within any special development area, such as hillside, planned unit development, floodplain, cemetery, mobile home, large scale development, hazardous and unique areas of development.

         d.   To ensure adequate water supply to each new subdivision/development, all subdivision/development preliminary plat applications to the city will include water modeling results which indicates the new subdivision/development can be developed in a manner that will provide adequate water supply for domestic water and fire protection and the new subdivision/development will not adversely affect the city's ability to continue to provide adequate domestic water and fire protection to the existing water system users.

         e.   To ensure adequate sewer treatment service by the city, each subdivision/development preliminary plat application to the city shall include sewer service treatment modeling results which indicates the new subdivision/development can be developed in a manner that will provide adequate sewer service and sewer treatment capacity by the city and the new subdivision/development will not adversely affect the city's ability to continue to provide adequate sewer treatment capacity to the existing sewer system users.

         f.   The cost of the water and sewer modeling will be the responsibility of the developer.

      4.   Requirement Of Preliminary Plats: The following shall be shown on the preliminary plat or shall be submitted separately together with any other pertinent information requested by the administrator:

         a.   The name of the proposed subdivision, which does not duplicate the name of any other subdivision in Twin Falls County.

         b.   The names, addresses and telephone numbers of the developers, the engineer or surveyor who prepared the plat and any other professional persons involved in the subdivision.

         c.   The names and addresses of all surrounding property owners both adjacent to and beyond any public thoroughfares within three hundred feet (300') from the subject property on record in the county assessor's office.

         d.   The legal description of the subdivision by section, township and range.

         e.   A statement of the intended use of the proposed subdivision, such as: Residential single-family, two-family and multiple housing, commercial, industrial, recreational or agricultural and a showing of any sites proposed for parks, playgrounds, schools, churches or other public uses.

         f.   A map of the entire area scheduled for development if the proposed subdivision is a portion of a larger holding intended for subsequent development.

         g.   A vicinity map showing the relationship of the proposed plat to the surrounding area (covering at least a 4 square mile area).

         h.   The land use and existing zoning of the proposed subdivision and the adjacent land.

         i.   Existing streets, street names, rights of way and roadway widths, including adjoining streets or roadways, along with type of surface and the existence of any curbs, gutters and/or sidewalks.

         j.   Approximate location and length of the boundary lines of each lot, parcel or site and the proposed lot and block numbers. Approximate acreage enclosed by subdivision.

         k.   Contour lines, shown at five foot (5') intervals where land slope is greater than twenty percent (20%) and at two foot (2') intervals where land slope is twenty percent (20%) or less, referenced to an established bench mark of the city vertical control system, including its location and elevation.

         l.   A site report and/or the approval of the appropriate health district if individual wells or septic tanks are proposed.

         m.   Location, size and direction of flow of all existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainage, bridges, culverts, water mains, fire hydrants, gas lines, power, telephone and streetlights. If utilities are not on or adjacent to the property, indicate direction and distance to nearest ones that can serve the subdivision.

         n.   A copy of any proposed restrictive covenants and/or deed restrictions.

         o.   Any dedications to the public and/or easements both public and private, together with a statement of location, dimensions and purpose of such on both the subject property and surrounding properties.

         p.   Any additional required information for special developments as specified in this title.

         q.   A statement as to whether or not any variance will be requested with respect to any provision of this title describing the particular provision, the variance requested and the reasons therefor.

         r.   Location, right of way width and name of all public or private trafficways, the location, right of way width and use of any proposed public or private pedestrianways or special ways, and a statement of intended improvements to be made thereto.

         s.   A statement as to what improvements will be made to existing utilities and what other on site improvements will be made.

         t.   Approximate lot, corner and easement locations of all adjacent subdivisions.

         u.   Location, size and direction of flow of all drainage, irrigation, sewer and water line improvements that will be part of the subdivision development.

         v.   Additional drainage requirements may be requested by the administrator.

      5.   Fees: A fee for processing and checking a preliminary plat shall be due at the time upon submittal of the preliminary plat to the administrator. The amount of the fee shall be established by resolution of the council.

      6.   Administrator Review:

         a.   Certification: Upon receipt of the preliminary plat, and all other required data as provided for herein, the administrator, after review by the city engineer, shall schedule a preapplication meeting with appropriate staff. After the results of the preapplication meeting have been addressed and appropriate corrections made to the preliminary plat, the administrator shall certify the application as complete and shall affix the date of application acceptance thereon. He shall, thereafter, place the preliminary plat on the agenda for consideration at the next regular meeting of the commission. The administrator shall deliver one copy of the preliminary plat to each member of the commission at least five (5) days prior to the meeting for plat consideration.

         b.   Review By Other Agencies: The administrator shall refer the preliminary plat and application to as many agencies as deemed necessary. Such agencies may include the following:

            (1)   Other governing bodies having joint jurisdiction;

            (2)   The appropriate utility companies, irrigation companies or districts and drainage districts;

            (3)   The superintendent of the school district; and

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

         c.   Administrator Review: Upon expiration of the time allowance for department and agency review, the administrator shall prepare a recommendation to the commission.

      7.   Notification To Property Owners: The administrator shall certify that he has notified all adjoining property owners of the proposed subdivision. Such written notification shall be sent by first class mail at least ten (10) days prior to the commission meeting.

      8.   Commission Action:

         a.   Preliminary Plat Review: The commission shall review the preliminary plat, comments from the concerned persons and agencies and the report from the administrator to arrive at a decision on the preliminary plat.

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

            (1)   The conformance of the subdivision with a comprehensive 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, conditionally approve, disapprove or table for additional information when acting on the preliminary plat. If tabled, approval or disapproval shall occur at the regular meeting following the 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 its information and record. Upon granting or denying a preliminary plat the commission shall specify:

            (1)   The regulations 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 plat approval.

         d.   Developer's Agreement: Prior to final approval and filing of the plat, the developer shall enter into a subdivision development agreement with the city which will set forth any commitment or agreement to comply with any conditions set by the city and will set forth any commitments that the city has made to the developer.

         e.   Action On Combined Preliminary And Final Plat: If the commission's conclusion is favorable to the developer'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.

      9.   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 council shall cause all approvals of said preliminary plat to be null and void, unless an extension of time is applied for by the developer and granted by the council.

         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.   Application: After the approval or conditional approval of the preliminary plat, the developer may cause the total parcel, or any part thereof, to be surveyed, and a final plat prepared in accordance with the approved preliminary plat. The developer shall submit to the administrator five (5) copies of the final plat.

      2.   Content Of Final Plat: The final plat shall include and be in compliance with all items required under title 50, chapter 13 of the Idaho Code and shall be drawn at such a scale and contain lettering of such size as to enable the same to be placed on one sheet of eighteen inch by twenty seven inch (18" x 27") drawing paper, with no part of the drawing nearer to the edge than one inch (1"). The reverse of said sheet shall not be used for any portion of the drawing, but may contain written matter as to dedications, certifications and other information. If, because of the size or complexity, required information cannot be shown, additional sheets may be used provided they conform to this chapter. The final plat shall include at least the following:

         a.   A written application for approval of such final plat as stipulated by the commission.

         b.   Proof of current ownership of the real property included in the proposed final plat.

         c.   Such other information as the administrator or commission may deem necessary to establish whether or not all proper parties have signed and/or approved said final plat.

         d.   Conformance with the approved preliminary plat and meeting all requirements or conditions thereof.

         e.   Conformance with all requirements and provisions of this title.

         f.   Acceptable engineering practices and local standards established by the administrator.

      3.   Fees: At the time of submission of an application for a final plat, a fee as established by resolution of the council shall be paid.

      4.   Administrative Review:

         a.   Acceptance: Upon receipt of the final plat and compliance with all the requirements as provided for herein, the administrator, after review by the city engineer, shall certify the application as complete and shall affix the date of acceptance thereon.

         b.   Resubmittal Of Final Plat: The administrator shall review the final plat for compliance with the approved or conditionally approved preliminary plat. If the administrator determines 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 commission in the same manner as requested in the preliminary plat process.

         c.   Submission To The Council: 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 at the next regular meeting.

      5.   Agency Review: The administrator may transmit one copy of the final plat, or other documents submitted, for review and recommendation to the departments and the agencies as he deems necessary to ensure compliance with preliminary approval and/or conditions of preliminary approval. Such agency review shall also include the construction standard of improvements, compliance with health standards, the cost estimate for all improvements and the legal review of the performance bond.

      6.   Council Action: 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. The council shall approve, approve conditionally, disapprove or table the final plat for additional information. A copy of the approved plat shall be filed with the administrator. Upon granting or denying the final plat the council shall specify:

         a.   The regulations 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 approval.

      7.   Plans And Specifications: Prior to recording the final subdivision plat, the developer shall submit to the administrator checked copies of the final plans and specifications for streets, water, sewer, a master utility plan and other public improvements to be constructed.

All plans and specifications shall have sufficient detail, written information, vertical and horizontal dimensions to accurately locate the proposed improvements in the field and determine their relationship to other improvements. Such standards shall be established by the zoning administrator, public works supervisor, and city engineer.

         a.   Financial guarantee of improvements;

         b.   An approved weed management plan;

         c.   Certification of water and sewer plan approval from the Idaho department of environmental quality;

         d.   Street and utility plan approval from the Idaho department of transportation, as required;

         e.   Street and utility plan approval from the Twin Falls highway district, as required;

         f.   Gravity irrigation system plan approval from the Twin Falls Canal Company, as required;

         g.   An executed improvement agreement for developers;

         h.   Certification of the notice of intent and stormwater pollution prevention plan filed with the United States EPA;

         i.   A recorded conveyance to the city of Kimberly for water shares equal to one share per acre for new residential developments (2 acres or larger), and such other number of shares as agreed to between the city and the developer.

      8.   Fees: At the time of submittal of plans and specifications a fee to defray costs and expenses of plan checking as provided for by resolution of the city council shall be paid.

      9.   Approval Period: Final plat shall be filed with the county recorder within one year 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 developer and granted by the council.

      10.   Method Of Recording: Upon approval of the final plat by the council, the developer's prepayment of recording fees, posting of surety bond or other acceptable guarantee and the inclusion of the following signatures on the final plat, the developer shall submit the final plat to the county recorder for recording:

         a.   Certification and signature of the city 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 Idaho Code section 50-1326.

(Ord. 636, 2016: Ord. 631, 2016: Ord. 542, 2007; Ord. 665, 2020; Ord. 682, 2023)

   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 hereinafter in this chapter; provided, however, that any more restrictive standards adopted by any highway district, state highway department or health agency shall prevail over those set forth herein; and further provided that any minimum lot size restrictions promulgated by the health authority shall prevail over those set forth herein.

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

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

      1.   Street Location And Arrangements: All street locations shall conform to the Kimberly master street plan where applicable. Collector type streets may, for aesthetic reasons, curve and wind in accordance with these standards, but such trafficways shall maintain a grid type pattern approximately one-fourth (1/4) of a mile square.

      2.   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 vehicular nonaccess reserve strip may be required and held in public ownership. Temporary cul-de-sacs shall be required.

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

      4.   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.

      5.   Cul-De-Sac Streets: Cul-de-sac streets shall not be more than six hundred feet (600') in length unless a secondary access has been approved by the city engineer and/or zoning administrator and shall terminate with an adequate turnaround having a minimum radius of fifty feet (50') for right of way.

      6.   Half Streets: Half streets shall be prohibited, except where unusual circumstances make such necessary to the reasonable development of a tract, special justification shall be presented for variance requests to the commission. 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. A vehicular nonaccess reserve street may be required and held in public ownership.

      7.   Private Streets: Private streets and roads shall be prohibited within a subdivision, except as provided by subsection 17.11.050A of this title, but may be allowed in subdistricts providing the private streets conform to city standards. Access from interior subdivision lots to public street may be allowed by private drives conforming to subsection 17.11.050A of this title.

   D.   Street Specifications:

      1.   Street Right Of Way Widths: Street and road right of way widths shall conform to the adopted master street plan or comprehensive plan and the rule of the state department of highways and the highway district having jurisdiction; minimum right of way standards shall be in accordance with subsection M of this section.

      2.   Street Grades: Street grades shall not exceed ten percent (10%) on either local or collector streets and six percent (6%) for arterial streets. Minimum street grades shall be four-tenths percent (0.4%).

      3.   Street Alignment: Street alignment shall be as follows:

         a.   Horizontal Alignment: Horizontal alignment shall be in accordance with subsection M of this section.

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

   E.   Street Names: The naming of streets shall conform to the following:

      1.   Street names shall not duplicate any existing name within the limits of the city of Kimberly or the area of impact except where a new street is a continuation of an existing street. Street names, if spelled differently but phonetically similar, shall not be used. The city reserves the right to name or rename any streets.

      2.   All new streets shall be named as follows: Streets having predominantly north-south direction shall be named "street" or "way"; streets having a predominately east-west direction shall be named "avenue" or "road"; meandering streets shall be named "drive", "lane", "path", or "trail"; and cul-de-sacs shall be named "circle", "court" or "place".

      3.   When any new subdivision contains any street, which is a continuation of any street, such new street shall take the name of such existing street. No new street not a continuation of an existing street shall be given the same or similar name of any existing street. The city engineer shall have the power to change the name of any street on any map or plat submitted to make such map or plat conform to the provisions of this section.

   F.   Intersections:

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

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

      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 appropriate 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.

   G.   Pedestrian Walkways: Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be in accordance with subsection M of this section. Cul-de-sacs will be connected to other adjacent streets with cul-de-sacs within the proposed subdivision or existing subdivisions and to adjacent arterial or collector streets with paved pedestrian walkways at least five feet (5') wide within the applicable easements.

   H.   Utility And Drainageway Easements: Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines when deemed necessary; total easement width shall be in accordance with subsection M of this section. Unobstructed drainage easements shall be provided as required by the Council. A lot drainage plan shall be submitted for approval as part of the plans and specifications required by subsection 17.12.020D7 of this chapter. All lots required by the plan to drain along rear and side lot lines shall have drainage easement widths determined by an Idaho licensed engineer and shall not be less than five feet (5') in width. The final plat and the recorded covenants shall specify that the rear and side yard drainageways shown in the approved drainage plan shall be neither obstructed nor substantially regraded by the property owners.

   I.   Lots: Lots shall conform to the following:

      1.   Zoning: The lot width, depth and total area shall not be less than the requirements of an applicable zoning district.

      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 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.

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

   J.   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.

      2.   Reserve Strips:

         a.   Private Reserve Strips: Privately held reserve strips controlling access to streets shall be prohibited.

         b.   Public Reserve Strips: A one foot (1') reserve 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.

   K.   Public Sites, Open Spaces, Recreation And Stormwater Retention/Detention: Where it is determined that a proposed park, playground, school or other public use as shown on the future acquisition map, as authorized in Idaho Code section 67-6517, 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.

No plat shall be approved unless it includes provision for open space, parks and recreation and stormwater retention/detention. Developers may combine land designated for stormwater retention/detention with the requirement of open space, parks and recreation with the approval of the Administrator and/or Design Review Committee.

      1.   A "park" is a parcel of land dedicated to the public, maintained for the primary purposes of recreation and open space. A "minipark" is a park that is a minimum of fifteen thousand (15,000) square feet. A "neighborhood park" is a park that includes at least three (3) acres of flat open space.

      2.   The developer of each residential subdivision, or any part thereof, without regard to the number of phases within the subdivision, shall set aside or acquire land within, adjacent to, or in the general vicinity of the subdivision for neighborhood parks. Neighborhood parks shall be located so as to serve the largest number of household lots, as is practical, without crossing an arterial street. The number of acres of land set aside for neighborhood parks shall be a minimum of the sum of the number of household units in the subdivision multiplied by 0.01. The zoning administrator, public works supervisor and/or the design review committee may approve up to fifty percent (50%) of this land contribution for development of walking/bicycle trails.

      3.   Development of miniparks and neighborhood parks shall include curbs, gutters, finish grading, sidewalks, power box, irrigation systems, ground cover, trees, picnic tables, benches and playground equipment, approved by the zoning administrator, public works supervisor and city engineer.

      4.   All park land shall be dedicated to the city upon completion of all required improvements, and accepted and maintained by the city after it is determined that all standards have been met.

      5.   The city council may determine that park land dedication or cash contributions are not required for subdivisions located out of the city limits based on city maintenance costs, lack of public benefit based on the distance/separation from developed areas of the city and the size. The city council may, at their discretion, approve and accept cash contributions in lieu of park land with improvements, which contributions shall be used for park land acquisition and/or park improvements within the boundaries of the arterial streets in which the development is located or where deemed appropriate by the council. The fee structure for cash contributions for acquisition of park land shall be the appraised value of the required land area at the time of the application. The appraisal shall be submitted by a mutually agreed upon appraiser and paid for by the applicant. The fee structure for park improvements, including all costs of acquisition, construction and all related costs, shall be based upon the estimated costs of an approved improvement provided by a qualified contractor and/or vendor.

      6.   Provide retention/detention basins within open space in the development to be maintained by a property owners' association. Provide safety signs on all retention/detention basins.

      7.   Provide retention/detention area at one location within the development to be maintained by the property owners' association.

      8.   Develop retention/detention within a parcel of land a minimum size of five (5) acres to be maintained by the property owners' association.

      9.   Develop retention/detention areas within greenways with bicycle and walking trails, to be dedicated to the public, if said greenway is part of an overall city trail system.

   L.   Restrictive Covenants: Restrictive covenants may be prepared and recorded as part of a subdivision. This is done to provide protection to future property owners by establishing higher standards than required under other regulations. The provisions within protective covenants are enforceable solely through civil actions and local governments shall not be required to enforce these provisions.

   M.   Right Of Way Requirements:

 

(Ord. 649, 2018: Ord. 638, 2017: Ord. 631, 2016: Ord. 542, 2007)

   A.   Responsibility For Plans: It shall be the responsibility of the developer of every proposed subdivision to have prepared by a registered engineer, a complete set of construction plans, including profiles, cross sections, specifications and other supporting data, for all required public streets, utilities and other facilities. Such construction plans shall be based on preliminary plans that have been approved with the preliminary plat, and shall be prepared in conjunction with the final plat. Construction plans are subject to approval by the responsible public agencies. All construction plans shall be prepared in accordance with the public agencies' standards or specifications.

   B.   Required Public Improvements: Every developer 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 Idaho Code section 50-1303.

      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: Curbs and gutters shall be constructed on all streets and service roads. All construction shall be in accordance with the standards and specifications adopted by the Council.

      4.   Bicycle Pathways: A bicycle pathway shall be required within all subdivisions, as part of the public right-of-way or separate easement, as may be specified in an overall bicycle plan as adopted by the Council.

      5.   Installation Of Public Utilities: Underground utilities shall be required in all new subdivisions. Existing utilities or new large transmission lines shall not be required to be buried.

      6.   Driveways: All driveway openings in curbs shall be as specified by the administration, highway district or State Highway Department.

      7.   Storm Drainage: An adequate storm drainage system shall be required in all subdivisions. The requirements for each particular subdivision shall be established by the City Engineer and/or the Council. Construction shall follow the specifications and procedures established by the Council.

      8.   Public Water Supply And Sewer Systems: All new public water supply or sewer systems shall be an extension of an existing public system.

      9.   Fire Hydrants And Water Mains: Adequate fire protection shall be required in accordance with standards established by the City Engineer.

      10.   Street Name Signs: Street name signs shall be installed in the appropriate locations at each street intersection in accordance with the local standards. Cost of street signs shall be the responsibility of the developer.

      11.   Sidewalks And Pedestrian Walkways: Sidewalks shall be required on both sides of the street, except that where the average width of lots, as measured at the street frontage line or at the building setback line, is over two hundred ten feet (210'), sidewalks on only one side of the street may be allowed. These requirements may be waived by the Council due to the location and/or character of the development. Pedestrian walkways, when required, shall have easements at least ten feet (10') in width and include a paved walk at least five feet (5') in width. Sidewalks and crosswalks shall be constructed in accordance with the standards and specifications as adopted by the Council.

      12.   Greenbelt: Greenbelt 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.

      13.   Street Lighting: Streetlights shall be required to be installed at intersections throughout the subdivision. Lighting shall be approved by the City Engineer and the cost shall be borne by the developer.

      14.   Mailboxes: Mailbox locations shall be reviewed and approved by the Zoning Administrator and/or the United States Postal Service.

      15.   Irrigation Water: Effective August 1, 2008, every subdivider or developer shall be required to install a pressure irrigation system in accordance with the conditions and specifications as follows:

         a.   The use of the City's potable water supply for irrigation in all new developments is strictly prohibited. For purposes of this section, the term "new development" means any new subdivision, PUD, or any development of any parcel of land larger than three- fourths (3/4) of an acre that is not part of a subdivision or PUD.

         b.   All new developments shall install a pressure irrigation system constructed to ISPWC standards and City standards per resolution 213, excluding, the SCADA system criteria, the connection to existing Municipal water system criteria and the building criteria prohibiting pre-constructed/self-contained building components. The building criteria shall allow for pre- constructed self-contained building modules for the pump station equipment. The PI system shall be approved by the City Engineer and the City Public Works Superintendent/Director. The pump station shall be operational before the first building permit is issued for that station's service area.

         c.   The City Council may approve a variance from the requirement of a pressure irrigation system, where, owing to special conditions, a literal enforcement of the provisions of this subsection would result in an unnecessary hardship.

            (1)   Special conditions may include, but are not limited to, small developments in terms of acreage, developments without viable access to irrigation water delivery, or developments without Twin Falls Canal Company water shares.

            (2)   Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this title would result in unnecessary hardship.

            (3)   A variance shall not be authorized from the requirement of an operating pressurized irrigation system unless an alternate provision has been approved by the City Council. Alternate systems may include, but shall not be limited to, required Xeriscaping (i.e., landscaping in ways that do not require supplemental irrigation), payment of an in lieu fee equal to the estimated cost of construction of an operating pressurized irrigation system (including land acquisition and value of water shares), or some combination of these or other acceptable options, approved by the City Engineer and Public Works Superintendent.

         d.   If the City Council and Public Works Director determine that the PI system is to be owned and maintained by the developer, Home Owners Association and home owners, applicable Twin Falls Canal Company water shares shall, not be conveyed to the City and that one irrigation water share for each acre of property within the development, shall be retained within the development for all irrigation in perpetuity.

         e.   If the City Council and Public Works Director determine that the PI system is to be owned and maintained by the City, each new development shall convey one share of Twin Falls Canal Company for each acre of property within the development to the City before filing of the final plat.

         f.   All users connected to a pressurized irrigation system shall install automatic timers to ensure that conservation of and schedules for use of the water are met in the most efficient manner possible. Systems operating without the use of automatic timers will be in violation of this Code and subject to established fines and penalties herein.

         g.   Monthly fees for water districts will be established and assessed to each user by the City of Kimberly to maintain the pressure irrigation system. The fees will be calculated and assessed by total square footage of the lot size. The fee for calculation will be assessed at a rate of $0.001325 per square foot of lot size and will be billed monthly at one-twelfth (1/12) the annual rate.

For example: A typical 8,000 square foot lot would be $0.001325 x 8,000 = 10.60 x 12 month/1 year = $127.20 annually. The monthly billing would then be 1/12 the annual rate or $10.60 a month.

The fees may be changed by resolution of the City Council.

         h.   All residences within the City of Kimberly with pressurized irrigation systems shall irrigate and water flowers, lawns, gardens, trees, and shrubs as follows: Residences with even number addresses shall water on Tuesdays, Thursdays, and Saturdays only; residences with odd number addresses shall water on Wednesdays, Fridays, and Sundays only.

   C.   Guarantee Of Completion Of Improvements:

      1.   Financial Guarantee Arrangements: In lieu of the actual installation of required public improvements before recording of the final plat, the Council may permit the developer to execute a trust and escrow agreement and record a notice prohibiting the sale of an undeveloped lot without a recorded developer's agreement between the developer and the City relating to that lot, or to provide a financial guarantee of performance in one or a combination of the following arrangements for those requirements which are over and beyond the requirements of any other agency responsible for the administration, operation and maintenance of the applicable public improvement:

         a.   Surety Bond:

            (1)   Accrual: The bond shall accrue to the City covering construction, operation and maintenance of the specific public improvement.

            (2)   Amount: The bond shall be in an amount equal to one hundred twenty five percent (125%) of the total estimated costs for completing construction of the specific public improvements, as estimated by the developer's consulting engineer and approved by the City Engineer.

            (3)   Term Length: The term length in which the bond is in force, for the duration of the phase of the project, shall be for a period of two (2) years minimum.

            (4)   Bonding For Surety Company: The bond shall be with a surety company authorized to do business in the State of Idaho, acceptable to the Council.

         b.   Cash Deposit, Certified Check, Negotiable Bond Or Irrevocable Bank Letter Of Credit By An Institution Licensed In The State Of Idaho And Approved By The Council:

            (1)   Treasurer, Escrow Agent Or Trust Company: A cash deposit, certified check, negotiable bond or an irrevocable bank letter of credit such surety acceptable by the Council, shall be deposited with an escrow agent or trust company.

            (2)   Dollar Value: The dollar value of the cash deposit, certified check, negotiable bond or irrevocable bank letter of credit shall be equal to one hundred twenty five percent (125%) of the estimated cost of construction for the specific public improvement, as estimated by the developer's consulting engineer and approved by the City Engineer.

            (3)   Escrow Time: The escrow time for the cash deposit, certified check, negotiable bond or irrevocable bank letter of credit shall be for two (2) years minimum or one year after subdivision is completed and accepted by the City Engineer.

            (4)   Progressive Payment: In the case of cash deposits or certified checks, an agreement between the Council and the developer may provide for progressive payment out of the cash deposit or reduction of the certified check, negotiable bond or irrevocable bank letter of credit, to the extent of the cost of the completed portion of the public improvement, in accordance with a previously entered into agreement.

      2.   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:

         a.   The construction of improvements required by this title shall have been completed by the developer and approved by the City Engineer.

         b.   Surety acceptable to the Council shall have been filed in the form of a cash deposit, certified check, negotiable bond, irrevocable bank letter of credit or surety bond.

      3.   Inspection Of Public Improvements Under Construction: Before approving a final plat and construction plans and specifications for public improvements, an agreement between the developer and the Council shall be made to provide for checking or inspecting the construction and its conformity to the submitted plans.

      4.   Penalty In Case Of A Failure To Complete The Construction Of A Public Improvement: In the event the developer 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 reimburse itself for the cost and expense thereof by appropriating the cash deposit, certified check, irrevocable bank letter of credit, or negotiable bond which the developer 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 developer. (Ord. 647, 2017: Ord. 563, 2008: Ord. 542, 2007)

   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. The provisions of this section are in addition to the plan requirements, design standards and improvement standards that are required by sections 17.12.020, 17.12.030 and 17.12.040 of this chapter.

   B.   Large Scale Development Subdivision: 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:

      1.   Identification of all public services that would be provided to the development such as fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation, maintenance, schools and solid waste collection.

      2.   Estimate of the public service costs to provide adequate service to the development.

      3.   Estimate of the tax revenue that will be generated from the development.

      4.   Suggest public means of financing the services of the development if the cost for the public services would not be offset by tax revenue received from the development.

      5.   The developer should submit a plan identifying how the developer intends to mitigate impacts of the development on the City.

      6.   The developer should submit a plan for stormwater retention/detention.

   C.   Planned Zero Lot Line Subdivision: Planned zero lot line developments shall be subject to requirements set forth in this title and also subject to all provisions contained herein.

      1.   Allowances: See section 17.04.130 of this title. Except for side yard and lot area requirements which are as specified below.

      2.   Site Development Plan: The developer shall provide the commission with the following:

         a.   Plat map with building envelopes to show location of each unit in the development project.

         b.   Common wall agreement, if applicable, that is acceptable to the commission.

         c.   Maintenance easement, if applicable, must be shown on the plat. This applies to one dwelling zero lot line unit without a common wall.

      3.   Requirements:

         a.   Lot Area:

            (1)   R1: The minimum lot area shall be not less than one acre.

            (2)   R2: The minimum lot area shall be not less than eight thousand (8,000) square feet for one dwelling unit.

            (3)   R3: The minimum lot area shall be six thousand five hundred (6,500) square feet.

         b.   Side Yard: No building is allowed within ten feet (10') of the side opposite the zero lot line.

         c.   Front Yard: Same as specified in section 17.04.130 of this title.

         d.   Rear Yard: Same as specified in section 17.04.130 of this title.

         e.   Restriction: The zero side yard cannot be adjacent to a public or private right of way.

         f.   Windows: No window shall be placed on the zero lot line.

         g.   Accessory Building: No accessory building shall be placed in the ten foot (10') side yard setback area as required above.

         h.   Lot Occupancy: No dwelling, including its accessory building, shall occupy more than sixty percent (60%) of the lot.

         i.   Projection: If a one dwelling unit, no portion of the dwelling or architectural projections other than rain gutters may project over any property lines.

   D.   Subdivision Within An Area Of Critical Concern: 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:

Avalanche paths

Earthquake locations

Floodplain

Historical significance

Scenic areas

Unique animal life

Unique plant life

Unstable soil and rock formations

Other areas of critical concern

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

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

         a.   What changes will occur at 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?

         d.   What beneficial or detrimental effects would the development have on the components of the ecosystem such as animal life, plant life, biotic diversity, social concerns, economic conditions, noise and visual conditions?

   E.   Subdivision Within A Floodplain:

      1.   Flood Areas: For any proposed subdivision that is located within a floodplain, 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:

         a.   Location of all planned improvements.

         b.   Location of the floodway and the floodway fringe as shown on FIA flood hazard boundary maps or as established by engineering studies and approved by the city engineer.

         c.   Location of the present water channel.

         d.   Any planned rerouting of waterways.

         e.   All major drainageways.

         f.   Areas of frequent flooding.

         g.   Means of floodproofing buildings.

         h.   Means of insuring loans for improvements within the floodplain.

         i.   For subdivisions of fifty (50) or more lots or of five (5) acres of area or more, base flood elevations where flood elevation data has not been established.

         j.   Stormwater drainage.

New construction and substantial improvements of residential structures within the floodplain shall have the lowest floor (including basement) elevated to or above the level of the 100-year flood, and for new construction or substantial improvements of nonresidential structures, the lowest floor (including basement) shall be elevated to or above the level of the 100-year flood, or together with attendant utility and sanitary facilities, shall be floodproofed up to the level of the 100-year flood.

      2.   Justification For Development: Upon the determination that buildings are planned within the floodplain or that alterations of any kind are anticipated within the floodplain area that will alter the flow of water, the developer shall demonstrate conclusively to the commission that such development will not present a hazard to life, limb or property and will not have adverse effects on the safety, use or stability of a public way or drainage channel or the natural environment.

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 the proposed subdivision can be safely developed, the council shall limit development to that part and shall require that development proceed consistent with that determination.

The subdivision shall be reviewed to assure that:

         a.   All such proposals are consistent with the need to minimize flood damage;

         b.   All public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damages;

         c.   All necessary state and federal permits required for the development have been received pursuant to FEMA chapter 1, part 60, subpart 60.3(a)(2);

         d.   All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage;

         e.   Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated by the developer for subdivision proposals and other proposed developments which contain at least fifty (50) lots or five (5) acres, whichever is less;

         f.   New or replacement water supply systems and/or sanitary sewage systems shall be designated to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and require on site waste disposal systems to be located so as to avoid impairment of such systems or contamination from such systems during flooding;

         g.   In new or substantially improved manufactured home parks or manufactured home subdivisions:

            (1)   Stands or lots are to be elevated on compacted fill or pilings so that the lowest floor of the manufactured home is above the base flood level.

            (2)   Adequate lot surface drainage and access for a tractor are to be provided.

            (3)   In the instance of elevation on pilings, lots are to be large enough to permit steps, piling foundations are to be placed in stable soil no more than ten feet (10') apart and reinforcement is to be provided for pilings more than six feet (6') above the ground level.

   F.   Cemetery Subdivision:

      1.   Function: 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.

      2.   Compliance With Idaho Code: 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. (Ord. 542, 2007)

   A.   Lot Line Adjustment Procedures: An applicant for a lot line adjustment shall complete the following procedures:

      1.   Submittal of a draft record of survey showing:

         a.   The proposed parcel for adjustment (a hard copy 18 inches by 27 inches and an electronic copy 11 inches by 17 inches),

         b.   The present and proposed lots,

         c.   The correct street names abutting the property,

         d.   The written legal description of all proposed lots,

         e.   The square footage, width, and depth of proposed lots,

         f.   All existing buildings shown to meet building department and zoning setback requirements,

         g.   A note stating the zoning district in effect for the area,

         h.   All recorded easements, including those for sewer and water,

         i.   Affidavits of legal interests,

         j.   A narrative explaining the purpose of this lot line adjustment and expressing how the public is benefited by such action, and

         k.   Such additional information reasonably required for thorough review of the application and plat may be required of the applicant.

      2.   The adjustment shall meet the definition of a "lot line adjustment" shown within section 17.02.010, "Terms Defined", of this title.

      3.   Mailed notice of the lot line adjustment, shall be provided to adjacent property owners, allowing for a ten (10) day comment period, from postage date. The planning and zoning administrator or designee may process the lot line adjustment application.

      4.   The city may take action on the lot line adjustment after administrative determination that the submittal complies with the definition of a "lot line adjustment".

      5.   A mylar of the record of survey, containing city engineer and city clerk signature areas shall then be submitted to the community development department, and upon obtainment of these signatures, the applicant shall record the mylar and provide evidence of such recording back to the community development department.

      6.   Upon tentative approval of the application by the director subject to any applicable conditions of approval and the regulations of subsection 17.12.010A of this chapter, the applicant or owner shall have one year to complete the following tasks:

         a.   Cause the property to be surveyed and record of survey recorded;

         b.   Execute and record the necessary deeds to accomplish the property boundary adjustments as approved;

         c.   Obtain new tax parcel numbers from the Twin Falls County assessor; and

         d.   Provide copies of the recorded record of survey, recorded deeds, and the new tax parcel numbers to the director. (Ord. 631, 2016: Ord. 600, 2013; Ord. 665, 2020)

   A.   The provision of a public water system shall conform to the following standards: All subdivisions within the Kimberly city water service area shall comply with this chapter.

   B.   As a condition of annexation into the city and/or as a condition of approval of new development within the city, the landowner and/or developer shall:

      1.   Secure suitable surface water rights adequate to satisfy all irrigation, aesthetic, amenity, or recreation needs of the proposed development and/or property proposed to be annexed. Said water rights must be valid, existing water rights recognized by the Idaho department of water resources (the "department"). If any transfer, amendment or other proceedings are required under Idaho Code or department rule or regulation for the city's use of such water, the owner and/or developer shall be solely responsible for the city's costs of completing the same and the city's costs of obtaining all necessary approvals from the department as a condition of annexation and/or development, including costs associated with mitigation; and

      2.   Secure suitable groundwater rights adequate to satisfy all groundwater needs of the proposed development and/or property proposed to be annexed and transfer or assign said water rights to the city for inclusion into the city's municipal water supply system. Said water rights must be valid, existing water rights permitted or licensed by the department. If any transfer, amendment or other proceedings are required under Idaho Code or department rule or regulation for the city's use of such water, the owner and/or developer shall be solely responsible for the city's costs of completing the same and the city's costs of obtaining all necessary permits and approvals from the department as a condition of annexation and/or development, including costs of mitigation; and

      3.   Pay for the city's costs of construction of municipal supply well(s), distribution, storage, and treatment facilities necessary to meet the demands of the proposed annexed property and/or new development. The city engineer shall determine the necessary location, number, and capacity of well(s) based upon the proposed development or other improvements. Said wells shall be constructed to city standards. The owner and/or developer shall be solely responsible for the city's costs of obtaining all necessary permits and approvals for such wells as a condition of annexation and/or development, including the costs of any required mitigation. The design and construction of municipal supply wells shall be reviewed and inspected by the city engineer; and

         a.   At the option of the city, demands arising from more than one development may be served by a single well or centralized well with the costs thereof apportioned to the participating developments in proportion to their water demands.

      4.   Any well construction or development of groundwater resources shall be prohibited within the city's municipal water service area except as may be set forth in a development agreement or by a special purpose permit issued by the building official and approved by the city council. (Ord. 600, 2013: Ord. 540, 2007)