The provisions of this chapter shall apply to the division of one or more parcels of land into two (2) or more lots, and to the reconfiguration, combination or change in status of a lot or right-of-way (e.g., conversion of a utility lot to a building lot), within the unincorporated areas of Kootenai County unless otherwise specified in an area of city impact ordinance adopted pursuant to section 67-6526, Idaho Code, and as set forth in chapter 10 of this title. (Ord. 493, 6-9-2016)

Subdivisions are allowed in all zones with the exception of the Agricultural Zone. Divisions of land which meet the requirements of one or more of the exemptions set forth in section 8.6.103 of this article are permitted in all zones. (Ord. 493, 6-9-2016)

The following divisions of land shall be exempt from the provisions of this chapter. A parcel of land created under an exemption set forth in this section will be recognized as a separate parcel as of the day the instrument which created the parcel is recorded.

   A.   Burial Plots: Divisions made for cemeteries or burial plots when used for that purpose.

   B.   Conveyances to Public Entities or Utilities. Divisions resulting from the conveyance of a parcel to a government agency, taxing district, or a public or private utility. Structures used for the purpose of housing emergency response agencies such as fire stations, police stations or EMS services may contain habitable space. No structures shall contain habitable space if such parcels are to be used for any other purpose.

   C.   Conveyances To Conservation Organization: Divisions resulting from the conveyance of land to a conservation organization, providing the land is conveyed as one parcel, and a conservation easement which complies with the requirements of section 8.6.904 of this chapter is recorded on the parcel.

   D.   Boundary Line Adjustments: Boundary line adjustments which comply with the applicable requirements of this subsection shall be exempt from the provisions of this chapter.

      1.   Boundary line adjustments to legally created parcels must comply with the following requirements:

         a.   No additional or non-contiguous parcels are created;

         b.   The resulting parcels meet the minimum size for the zone and are otherwise in conformance with all applicable provisions of this title; and

         c.   The adjustment does not result in parcels separated by a public road or a public or improved private right-of-way.

      2.   A boundary line adjustment may add land from an unplatted parcel to an existing lot or from an existing lot to an unplatted parcel.

      3.   A parcel that is not eligible for development permits because it does not conform to the applicable provisions of this title, or was created improperly, cannot become eligible for development permits solely as a result of a boundary line adjustment.

      4.   In order to ensure that no additional parcels of land are inadvertently created, boundary line adjustments should be accomplished by recordation of a deed of conveyance for the property that is to be transferred, and then by recordation of a second deed for the receiving parcel which describes the new, exterior parcel boundaries. A statement should also be included on the deeds of conveyance which indicates that those instruments are being recorded for boundary line adjustment purposes, and that no additional parcels are being created as a result of the adjustment.

   E.   Large Lot Divisions: Divisions of parcels which are at least forty (40) acres in size, when each resulting parcel is at least twenty (20) acres plus or minus three percent (±3%) in size. For purposes of this subsection, acreage may be based on the aliquot parts of the section of land in which the parcel is located. For example, a quarter-quarter section would be deemed to be a forty (40) acre parcel. Boundary line adjustments of parcels divided pursuant to this subsection, or any predecessor thereof, shall be exempt from the provisions of this chapter so long as all such parcels remain at least twenty (20) acres plus or minus three percent (±3%) in size.

   F.   Decedent’s Estates: Divisions made pursuant to a will, testamentary trust, testamentary provision of an inter vivos trust, or other similar instrument associated with a decedent’s estate. The instrument must contain language providing for the division to be made. Such divisions must comply with the following requirements:

      1.   Each parcel has legal access to a public road;

      2.   Each parcel meets the minimum size for the zone; and

      3.   Each parcel is otherwise in conformance with all applicable provisions of this title.

   G.   Eminent Domain: Divisions resulting from the exercise of eminent domain by an agency of the State of Idaho or by any local agency or taxing district, including any purchase negotiated between the agency and the property owner in lieu of eminent domain proceedings.

   H.   Parcels Created By Court Order: Parcels of land created by court order other than one associated with a decedent’s estate or exercise of eminent domain shall be considered a legally created parcel, but shall not be eligible for development permits until they are validated through approval of a major subdivision, minor subdivision, or minor amendment pursuant to this chapter.

   I.   Subdivision Exemptions:

      1.   The Director may grant an exemption from the application of this chapter for any subdivision of an unplatted parcel which the Director determines, pursuant to this subsection, is not within the purposes of this chapter.

      2.   This subdivision exemption process requires approval of the Director. Subdivision exemptions may be granted only on the basis of the required findings enumerated in paragraph (3) of this subsection.

      3.   Required Findings. To approve an application for a subdivision exemption, the Director must make the following findings:

         a.   The parcels will not enlarge or expand an existing nonconformity.

         b.   The parcels are not located within a floodway.

         c.   The parcels have legal access to a public road.

         d.   The parcels meet the minimum size prescribed in the underlying zone, or can be combined with a parcel that meets the minimum size prescribed in the underlying zone.

         e.   The proposal is not in conflict with the Comprehensive Plan.

      4.   The process for approval of a subdivision exemption shall be as set forth in section 8.8.204 of this title, with the exception of subsection (C) thereof. The decision of the Director may be appealed in accordance with chapter 8, article 8.5 of this title.

   J.   Family Divisions: A division of platted or unplatted land which is made for the purpose of a single inter vivos gift or sale to the landowner’s spouse, parent, child, sibling, grandparent or grandchild in accordance with the provisions of the subsection.

      1.   Familial status may be established by blood, marriage, adoption, or court order.

      2.   Family divisions shall comply with all of the following standards:

         a.   The parcel to be divided has not previously been divided for purposes of a gift or sale pursuant to this subsection by prior owner. More than one parcel may be create pursuant to the limitations of this subsection. No property owner shall create more than four (4) parcels pursuant to this exemption in the owner’s lifetime, whether such parcels were created by the owner as an individual, a co-owner with a spouse, or a trustee of a trust in which the owner retains beneficial ownership.

         b.   The parcel to be divided must be owned by an individual, married couple, or trust in which an individual or married couple retain beneficial ownership.

         c.   Ownership of the parcel to be divided cannot have changed within the previous three (3) years. The following shall not be considered to be a change of ownership:

         (1)   The death of a spouse, so long as the surviving spouse continues to own the property.

         (2)    A divorce between owners who were married prior to the divorce, so long as at least one of the former spouses continues to own the property.

         (3)   A transfer of the property into trust where the owners prior to the transfer are the beneficial owners after the transfer, or a transfer of the property out of trust where the beneficial owners prior to the transfer are the owners after the transfer.

         d.   An individual may receive only one (1) parcel created pursuant to this subsection by gift or sale.

         e.   The parcels created pursuant to this subsection shall:

         (1)   Be a minimum of five (5.00) gross acres (4.50 acres net) unless the minimum parcel size in the underlying zone is larger than five (5.00) acres, in which case the parcel shall comply with the applicable minimum parcel size,

         (2)   Have legal access to a public road, and

         (3)   Be otherwise in conformance with the provisions of this title.

         f.   The recipient of the parcel shall be at least eighteen (18) years of age at the time of parcel creation and conveyance.

         g.   The parcel to be divided is not subject to any deed restriction or Covenants, Conditions and Restrictions (CCRs) that prohibit further division of the parcel.

      3.   A Notice of Family Division for each parcel to be created shall be submitted to the Department for review before the division is recorded. The Notice of Family Division shall include the following:

         a.   Proof of approval of an approach permit from the highway district with jurisdiction for the existing or new point of access to the adjacent public road. Where the subject property will access onto a private road or common driveway, proof of easements to demonstrate legal access.

         b.   An acknowledgment from Panhandle Health District indicating that a location (on the subject property, or on a nearby property by easement) has been identified and approved that can meet the wastewater disposal requirements for the parcel in question.

         c.   An unrecorded conveyance deed or similar instrument that will be used to execute the proposed division shall be attached to the Notice of Family Division. The conveyance deed or similar instrument shall contain the legal descriptions of each parcel to be created and any other information deemed necessary for approval of the proposed division.

         d.   A title report prepared within six (6) months of submittal of the Notice of Family Division that contains the legal description, ownership, and any exceptions to title, such as easements or covenants, conditions and restrictions (CC&Rs).

      4.   The Director or designee shall review the Notice of Family Division and supporting documents for compliance with the provisions of this subsection. The Director or designee shall approve the Notice of Family Division upon a determination that the request complies with the provisions of this subsection. The Notice of Family Division, with the exception of the title report and any originally submitted unrecorded conveyance deed or similar instrument, shall be attached to all deeds to be recorded. The grantor shall provide a copy of the recorded Notice of Family Division to the Department.

      5.   Parcels created pursuant to this subsection are immediately eligible for a building or development permit as long as they are retained by the grantee. Building and development permits issued to the grantee shall be non-transferrable.

      6.   Parcels created pursuant to this subsection that are not retained by the grantee for a period of five (5) years from the date of recording of the division shall not be eligible for building or development permits until a period of five (5) years has elapsed from the date of recording of the division. This restriction shall not apply to building or development permits which the Director determines are necessary for life safety or to remedy a nuisance or hazard, as those terms are defined in section 8.8.604 of this title.

      7.   Parcels created pursuant to this subsection which are located within an area of city impact shall be exempt from the provisions of Chapter 10 of this title. (Ord. 514, 9-28-2017; amd. Ord. 546, 10-17-2019; Ord. 592, 4-29-2024; Ord. 597, 7-30-2024; Ord. 619, 10-1-2025)

Consolidation of lots may be accomplished through the filing of a completed application for lot consolidation with the department and in the Office of the Kootenai County Assessor. The application shall be on a form approved by the Director and the Assessor. For purposes of this title, consolidation shall be effective upon filing and approval by the department. Upon filing and approval, interior lot lines within the consolidated lot shall be disregarded for purposes of determining setbacks and building envelopes. Upon consolidation, no subsequently built structures shall materially interfere with any preexisting easements or rights-of-way. Any subsequent redivision of any consolidated lot must be accomplished via the major subdivision or minor subdivision process, as appropriate. (Ord. 493, 6-9-2016)

A major subdivision is one that proposes to create five (5) or more lots, or to redivide land that has been subdivided in the previous five (5) years when the two (2) subdivisions together will create five (5) or more lots. The major subdivision process has three (3) steps: preliminary subdivision approval, construction approval (including review and approval of plans prior to construction and as built approval when construction is complete), and final subdivision approval followed by plat recordation. (Ord. 493, 6-9-2016)

   A.   Phasing of subdivisions and improvements is permitted, subject to the requirements of this article.

   B.   Subdivisions with lots of less than five (5) acres and natural slopes that equal or exceed thirty five percent (35%), must either be developed as a conservation subdivision in accordance with article 6.6 of this chapter, or must receive concurrent approval of a planned unit development (PUD) permit, and must design the subdivision to fit the houses and roads into and around the hillside in a manner that minimizes disturbance of the terrain, vegetation and drainageways, will not result in soil erosion, and is compatible with the natural characteristics of the area.

   C.   Applications for preliminary approval of a subdivision associated with a PUD shall be submitted concurrently with the PUD application. (Ord. 493, 6-9-2016)

Applications for preliminary subdivision approval shall comply with the requirements set forth in this section.

   A.   The applicant shall submit one (1) application packet to the Department in electronic format except as may be approved by the Director, in which case the applicant shall submit one (1) complete application packet to the Department, plus additional packets for each agency which will be requested to review and comment on the proposal. The director will determine which agencies are to receive applications for review and comment, and the department will forward the application packets to those agencies. An applicant may request that an incomplete application be accepted by submitting a letter stating which items are missing, and giving a detailed explanation and rationale for the incomplete submission. If the director determines that the missing information is not necessary to establish conformance with the required findings listed in subsection 8.6.204C2 of this article, the request may be approved, in which case, the application will be deemed to be complete, will be vested under the then current provisions of this chapter, and will be processed. If the director denies the request, the application will not be processed or scheduled for public hearing until it is complete. A denial of this request may be appealed in accordance with the provisions of chapter 8, article 8.5 of this title.

   B.   The following items constitute a complete application for preliminary approval of a major subdivision, with the items listed in subsections B1 through B4 of this section being the required elements of agency packets:

      1.   A completed application form signed by the property owner, or a notarized letter from the property owner authorizing the applicant to file the subdivision application.

      2.   A large plan, including supplemental pages, which meets the requirements outlined in table 6-201 of this section.

      3.   At least six (6) photographs of the site, taken at various angles, depicting the general character of the site, accompanied by a map showing the location and orientation of the photos.

      4.   A narrative listing the following:

         a.   The acreage of the subdivision;

         b.   The number of lots proposed;

         c.   The location, approximate dimensions, and intended use of any nonresidential lots (e.g., utilities, schools, places of worship or assembly, parks, or open space);

         d.   The characteristics of the site, including existing vegetation, soils and wildlife;

         e.   Proposed water, sewer service, roads, trails and other improvements;

         f.   Plans for preserving land for timber, agriculture, recreation, wildlife or other open space uses;

         g.   Proposed phasing, if applicable;

         h.   Proposed conveyances, including conservation easements, if applicable;

         i.   Special design features of the subdivision, such as clustering of lots or conservation design;

         j.   Any requested variances from, or deviations to, any otherwise applicable requirements or standards;

         k.   The proposed completion schedule for the project as a whole, and for any proposed phases of the project;

         l.   Proposed methods of ownership and maintenance of any open space, shared infrastructure and improvements; and

         m.   A written statement regarding the presence or absence of wetlands on the property and identifying any "sensitive areas", as defined in section 8.9.403 of this title.

      5.   A completed checklist of application requirements.

      6.   Fees, as adopted by resolution of the board.

      7.   A title report or similar document containing the legal description, ownership and easements for the property.

      8.   A map of the surrounding area and adjoining subdivisions which shows adjoining subdivisions, including a street and lot layout sufficiently distant from the project to illustrate the relationship to proposed streets and lots, neighboring land owned by the same applicant, and surrounding properties within one-fourth (1/4) mile or two (2) parcels, whichever is greater, in every direction. The scale of this map shall be not less than one inch per four hundred feet (1" = 400').

      9.   A groundwater quantity report, which must contain information sufficient to demonstrate the likelihood that new or existing wells will provide sufficient water for the subdivision without negatively affecting nearby property owners. The following information is required:

         a.   For subdivisions to be served by a well on each lot, documentation by an Idaho licensed professional geologist (PG) that the proposed water supply source has sufficient production capability to provide drinking water to all of the lots in the proposed subdivision, and that a location is available within each lot for installation of a well without conflicting with proposed sewage systems.

         b.   For subdivisions to be served by a new water system serving between two (2) and nine (9) lots, documentation by an Idaho licensed PG that the sources proposed for water supply have sufficient production capability to provide drinking water to the lots in the proposed subdivision.

         c.   For subdivisions to be served by a new public water system, an engineering report prepared by an Idaho licensed PG that demonstrates that an adequate water supply is available to meet the estimated demand for water from the lots in the proposed subdivision, plus documentation of DEQ approval of the report.

         d.   For subdivisions to be served by connection to an existing public water system, a will serve letter from the owner of the system which indicates that it has sufficient reserve production capacity to supply water to the lots in the proposed subdivision.

         e.   Unless a subdivision is to be served by connection to an existing public water system, available well logs which cover a minimum of one-half (1/2) mile of the boundary of the site shall be included in the report. For residential uses, one thousand five hundred (1,500) gallons per day (gpd), with a minimum flow of five (5) gallons per minute (gpm) for four (4) hours, per residence, will be considered adequate if no more than one-half (1/2) acre of property will be irrigated. For low flow wells, storage may be provided to meet this requirement. If approved by DEQ, other methods of estimating water demand may be used, including the "Washington State Water System Design Manual". If conformance with these requirements is questionable, the applicant shall secure an option for a secondary water source that does meet the requirements. If necessary to demonstrate compliance, the director may require additional information, such as historic and current static water levels in the area. Two (2) copies of such information shall be submitted when required.

      10.   If the proposed subdivision will not be located over the Rathdrum Prairie Aquifer and there are wells within one-half (½) mile of the boundary of the proposed subdivision, a detailed hydrogeological analysis prepared by an Idaho licensed professional geologist (P.G.) with experience in hydrogeology shall be required. The hydrogeological analysis shall address, at a minimum, the factors set forth in paragraph 9 of this subsection. The Director may also require this analysis for proposed subdivision located over the Rathdrum Prairie Aquifer if the groundwater quantity report indicates that any new or existing wells proposed to provide water for the subdivision may negatively affect the quantity of water available to nearby property owners.

      11.   A conceptual site disturbance and stormwater plan, developed by a design professional, which proposes suitable methods and locations for stormwater treatment systems. Proposed systems must conform to the applicable provisions of chapter 7, article 7.1 of this title, associated resolutions, and approved best management practices (BMPs), such as the "State Of Idaho Catalog Of Storm Water Best Management Practices For Idaho Cities And Counties". If the director determines that it is likely that slopes, soils, groundwater or other conditions will not meet the design parameters of the proposed BMPs, the director may require that test holes be evaluated to determine soil types in the vicinity of the stormwater systems. Test holes that have been examined by Panhandle health district for sewage disposal suitability may be used to fulfill this requirement if they are in the vicinity of the proposed stormwater systems. Otherwise, test holes must be evaluated by a soils expert or by an Idaho licensed civil or geological engineer having sufficient education and experience to prove competency in the field of geotechnical engineering, and four (4) copies of the evaluation report must be provided to the department.

      12.   When land disturbing activity is proposed in areas where the natural slope equals or exceeds fifteen percent (15%), the director may require submittal of four (4) copies of a conceptual engineering plan as part of a subdivision application. The plan shall be developed by an Idaho licensed civil engineer, and shall depict proposed building sites, road and driveway grades, profiles and cross sections, and the slope and location of cuts and fills. The purpose of this plan is to demonstrate the feasibility of the proposed subdivision design and to illustrate the nature and extent of earthwork required for site preparation and construction.

      13.   When requested by the director or by a public highway agency, three (3) copies of a traffic impact study shall be submitted, which shall include the following:

         a.   Existing traffic counts and level of service on adjacent and nearby streets;

         b.   Vehicle trips that will be generated by the development;

         c.   The effect the subdivision will have on the level of service on affected streets;

         d.   The effect added traffic will have on signals, turn lanes, or other transportation infrastructure;

         e.   Improvements needed to maintain adequate levels of service; and

         f.   Any other information required to evaluate impacts to the transportation system.

      14.   Whenever the natural slope of any proposed building sites, roads, driveways or other development equals or exceeds fifteen percent (15%), there is a water table within six feet (6') of ground surface at any time of year, soils are highly erodible, or there are scarps, slumps, seeps or other geologic features that may be unstable, the director may require submittal of two (2) copies of a geotechnical analysis as part of a subdivision application. The geotechnical analysis shall:

         a.   Be stamped and signed by an Idaho licensed civil or geological engineer having sufficient education and experience to prove competency in the field of geotechnical engineering;

         b.   Explain the geologic and hydrologic features of the area;

         c.   Evaluate the suitability of the site for intended uses;

         d.   Identify potential problems relating to the geology and hydrology;

         e.   Summarize the data upon which its conclusions are based; and

         f.   Propose mitigation measures.

      15.   If national wetlands inventory maps show wetlands on the site, or if soil survey maps indicate the presence of hydric soils, or if the director or a qualified professional determines that there may be wetlands on the site, a wetlands delineation and analysis shall be provided and shown as part of the supplemental pages of the plan. The wetlands delineation must be provided by a qualified professional such as a professional engineer, landscape architect, biologist or wetlands specialist in accordance with the "Corps Of Engineers Wetlands Delineation Manual" and the "Classification Of Wetlands And Deepwater Habitats Of The United States". In addition to classification of wetlands and delineation of wetland boundaries, the analysis must explain the likely impacts of the project on wetlands and must recommend actions to mitigate those impacts and preserve wetland dependent plants and animals.

      16.   Applications for conservation subdivisions must also include an existing resource report and site analysis map which comply with the requirements of section 8.6.905 of this chapter. Both the report and map must be prepared by a landscape architect in consultation with the Idaho department of fish and game or a professional wildlife or conservation biologist. The map shall be shown as a supplemental page to the plan at a scale between one inch per forty feet (1" = 40') and one inch per one hundred feet (1" = 100').

      TABLE 6-201

      FORM AND CONTENT OF MAJOR SUBDIVISION

      PLANS, PROPOSED PLATS AND SUPPLEMENTAL PAGES

The items with an * must be shown on supplemental pages. All other items must be included on the plat/plan.

 

(Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019; amd. Ord. 560, 12-17-2020)

   A.   Procedure For Processing Of Applications:

      1.   Site Inspection And Sketch Plan Review: The applicant must provide a sketch plan, consisting of simple, conceptual drawings which show the layout of proposed streets, lots or areas for lots, and conservation areas. A department planner will review the approval process with the applicant and will confer with the applicant as to the design and feasibility of the proposal. In conservation subdivisions, the applicant must also provide an existing resource report and site analysis map.

      2.   Existing Site Disturbances And Code Violations: If any unpermitted site disturbance or subdivision development has previously occurred (e.g., construction of roads, driveways, building pads, etc.), a county site disturbance permit must be obtained, a financial guarantee must be provided, and stormwater and erosion control systems which comply with the applicable standards of chapter 7, article 7.1 of this title, and associated resolutions and BMPs, must be installed and approved before a subdivision application will be accepted as complete for purposes of vesting and processing. The board may require placement or replacement of trees or other vegetation needed for screening and buffering of the subdivision as a condition of preliminary subdivision approval. Any other violations of this title or of title 7, chapter 1 of this code must also be corrected prior to application, except to the extent that approval of the application will remedy any such violation.

      3.   Subdivision Design: The applicant and design consultant will then lay out the proposed subdivision, and the project surveyor will draw a proposed preliminary plat. Surveying of lot lines shall not be necessary until after preliminary approval is granted. Conservation subdivisions must comply with the design procedure set forth in article 6.6 of this chapter. Applications for phased subdivisions must include a proposed completion schedule for each phase, and for the project as a whole. Each phase of a phased subdivision must include at least ten (10) lots.

      4.   Neighborhood Meeting: Prior to submitting an application, the applicant is encouraged to meet with neighbors to discuss the proposed project.

      5.   Application: The applicant must then submit a complete application packet to the department, including a sufficient number of complete agency review packets as determined by the director. The application and proposed plat must meet the requirements of section 8.6.203 and section 8.6.203, table 6-201 of this article. Incomplete applications will not be processed except as provided in this article.

      6.   Agency Review:

         a.   If the application is complete, the department will forward it to other agencies with relevant jurisdiction or expertise with a request for review and comment within thirty (30) days of receipt. After the packets have been sent, the applicant should contact each agency to determine whether there are additional requirements which will apply to the proposed subdivision. Agency responses should explain whether the proposal appears feasible and will meet the agency's requirements, any negative effects that may result from the subdivision and any actions which may be needed to mitigate those effects and ensure that the development does not compromise the quality, or increase the cost, of public services and facilities, any additional information that may be needed, and what is required or recommended prior to final approval.

         b.   Agencies that may be asked to comment include, but are not limited to, the fire protection and highway districts with jurisdiction, the Idaho transportation department, the school district serving the area, Panhandle health district, the Idaho department of environmental quality, the Idaho department of water resources, water and sewer service providers, utility providers, the U.S. army corps of engineers, Kootenai County noxious weeds department, Idaho department of lands, Idaho department of fish and game, Kootenai-Shoshone soil conservation district, and the Coeur d'Alene Tribe. Projects located within an area of city impact will also be forwarded to the appropriate city or cities for review and comment. In addition to providing general comments, the department will request that the following agencies address these specific items:

            (1)   Panhandle health district: The requirements for the lifting of sanitary restrictions, as may be required prior to recordation.

            (2)   Public highway agencies: Verification of whether the surrounding road system will be adequate for the expected increase in traffic from the subdivision at build out.

            (3)   Water purveyor: A will serve letter, any actions required to secure water connections, and confirmation that the water system is adequate for both domestic and fire flow, particularly if hydrants are proposed or required.

            (4)   Sewer district: A will serve letter, and any actions required to secure sewer connections.

            (5)   School district: Any measures which may be needed to mitigate the effect that new students from the subdivision will have on the district, so that there will be no substantial cost to existing residents.

            (6)   Fire protection district: The minimum required fire flows in gallons per minute and duration.

         c.   Requests by an agency for actions to be taken, or fees to be paid, to mitigate impacts of a subdivision should be roughly proportional, both in nature and extent, to the impact of the proposed development.

      7.   Scheduling: After all required agency letters are received, the department will review the application and schedule it for public hearing. Prior to scheduling, the applicant may make minor changes, but once the application is scheduled for hearing, the proposal cannot be significantly modified. If additional information is provided after hearing on the application has been scheduled, the director or hearing body may require additional agency review or additional public notice, or both, and may reschedule or continue the hearing to allow time for the additional information to be reviewed.

      8.   Staff Report And Recommendation: Prior to the hearing, a department planner will prepare a report on the proposal. The report shall include an evaluation of the proposal's compliance with the applicable provisions of this title, a recommendation of approval or denial, and the reasons for the recommendation. If the recommendation is for approval, the report shall include any recommended conditions of approval. If the recommendation is for denial, the report shall identify any actions which the applicant may be able to take to gain approval.

   B.   Hearing And Decision Making Process:

      1.   Notice: Notice of all public hearings on applications for preliminary subdivision approval shall be given in accordance with section 8.8.402 of this title.

      2.   Hearing: Hearings on applications shall be conducted in accordance with the provisions of chapter 8, article 8.4 of this title which apply to quasi-judicial public hearings.

      3.   Recommendation: The hearing body shall make a recommendation within thirty five (35) days of the close of the hearing unless otherwise agreed to by the applicant.

      4.   Succession: In the event that a hearing body fails to carry out its responsibilities in accordance with the provisions of this title, the board shall assume or reassign the duties of that hearing body.

   C.   Hearing Body Recommendation And Required Findings:

      1.   In making a recommendation to the board on an application, the hearing body shall only consider the application materials which have been submitted and the relevant testimony and evidence in the record. The applicant shall bear the burden of proof (including both the burden of going forward with evidence and the burden of persuasion) that the application complies with the applicable requirements of this article.

      2.   To recommend preliminary approval of an application, the hearing body must make all of the following findings:

         a.   The applicant has provided information sufficient to determine whether the application complies with the relevant requirements of this chapter.

         b.   The application complies with the requirements of section 8.6.203, table 6-201 of this article.

         c.   The application complies with, or is capable of complying with, the requirements of this article and all other relevant requirements of this chapter.

         d.   The plan, project and lots proposed in the application are capable of complying with all other applicable provisions of this title without variances, or with such variances to, or deviations from, requirements or standards as may be recommended for approval by the hearing body.

         e.   The plan, project and proposed lots are capable of complying with the requirements of other agencies with jurisdiction or providing services.

         f.   The proposal will contribute to orderly development of the area. Proposed uses, design and density are compatible with existing homes, businesses, neighborhoods, and with the natural characteristics of the area. The subdivision will create lots of reasonable utility and livability, which are capable of being built upon without imposing an unreasonable burden on future owners. Areas not suited for development are designated as open space.

         g.   The proposed subdivision will provide adequate open space for recreation, wildlife, agriculture or timber production where appropriate. Road construction and disturbance of the terrain, vegetation and drainageways will be minimized and will not result in soil erosion upon completion. The design adequately addresses site constraints or hazards and will adequately mitigate any negative environmental, social or economic impacts.

         h.   Services and facilities such as schools, electricity, water, sewer, stormwater management, garbage disposal, EMS, police and fire protection are feasible, available and adequate. The proposal includes on and off site improvements, or payments in lieu of such improvements, to mitigate the impacts of the subdivision so that it does not unduly compromise the quality, or increase the cost, of public services. Any request by an agency for actions to be taken, or fees to be paid, to mitigate impacts of a subdivision shall not be recommended as a condition of preliminary approval unless the proposed actions or fees are roughly proportional, both in nature and extent, to the impact of the proposed development.

         i.   Proposed roads, sidewalks and trails establish or adequately contribute to a transportation system for vehicles, bicycles and pedestrians that is safe, efficient and that minimizes traffic congestion.

         j.   The proposal is not anticipated to result in significant degradation of surface or ground water quantity or quality.

         k.   Public notice and an opportunity for interested parties to be heard on the application have been given in accordance with the applicable provisions of Idaho Code and this title.

      3.   If the hearing body makes all of the findings set forth in subsection C2 of this section, it shall recommend preliminary approval of the application. If the proposal cannot meet one or more of these requirements, or if insufficient information was provided to make that determination, the hearing body shall recommend denial.

      4.   Any requested variance or deviation from standards which would otherwise apply to the proposed subdivision shall not be recommended for approval except upon the following findings:

         a.   An undue hardship exists because of characteristics of the site;

         b.   The granting of the variance or deviation will not be in conflict with the public interest; and

         c.   The variance or deviation is the minimum necessary to make possible the use associated with the request.

      5.   The recommendation of the hearing body shall comply with section 67-6535, Idaho Code, and shall cite the applicable legal standards, state the evidence and conclusions on which the decision was based, and explain any relevant contested facts and its evaluation of these facts. If the recommendation is for approval, it shall include any recommended conditions of approval. If the recommendation is for denial, it shall identify any actions which the applicant may be able to take to gain approval.

   D.   Board Decision:

      1.   The board shall make the final decision on applications for preliminary subdivision approval. Upon receipt of the recommendation of the hearing body, the department shall schedule the application for deliberations before the board. Deliberations shall be conducted in accordance with the Idaho open meetings law, title 74, chapter 2, Idaho Code, but the board shall not allow additional public testimony, nor shall it admit additional evidence into the record.

      2.   The applicant or any affected person may submit a request for a public hearing in writing before the board at any time prior to the scheduled time for deliberations on an application. If the request is granted, the person requesting the public hearing shall be required to bear all costs of notice for that hearing unless the board determines that the county should bear those costs.

      3.   After reviewing the evidence in the record and the standards for approval, the board shall take one of the following actions:

         a.   Approve the request, with or without conditions;

         b.   Deny the request;

         c.   Remand the application to the hearing body or to the department; or

         d.   Schedule its own public hearing to allow additional application materials, testimony and evidence to be entered into the record, and then make a decision.

      4.   To grant preliminary approval of an application, the board must make all of the findings set forth in subsection C2 of this section. If the board makes all of those findings, it shall grant preliminary approval of the application. If the proposal cannot meet one or more of those requirements, or if insufficient information was provided to make that determination, the board may either deny the application, remand the application to the hearing body or the department, or schedule a public hearing to receive additional application materials, testimony and evidence.

      5.   To grant approval of any requested variance or deviation from standards which would otherwise apply to the proposed subdivision, the board must make all of the findings set forth in subsection C4 of this section.

      6.   The order of decision of the board shall comply with section 67-6535, Idaho Code, and shall cite the applicable legal standards, state the evidence and conclusions on which the decision was based, and explain any relevant contested facts and its evaluation of these facts. Decisions of approval shall include any conditions of approval. Decisions of denial shall identify any actions which the applicant may be able to take to gain approval. The order of decision shall be issued within thirty five (35) days of the close of the hearing unless otherwise agreed to by the applicant.

      7.   Conditions of approval shall be roughly proportional, both in nature and extent, to the reasonably expected impacts of the proposed development. Any request by an agency for actions to be taken, or fees to be paid, to mitigate impacts of a subdivision shall not be required as a condition of preliminary approval unless the proposed actions or fees are roughly proportional, both in nature and extent, to the impact of the proposed development.

      8.   Preliminary subdivision approval shall be valid for two (2) years. For subdivisions done in conjunction with a PUD, or that include three (3) or more phases with a total of fifty (50) or more lots, an alternate completion schedule may be requested in the preliminary application, and may be approved by the board. At any time prior to expiration of the approval, the applicant may make a written request to the director for a single extension of up to two (2) years, according to the extension process provided in section 8.6.205 of this article. For phased developments, one automatic two (2) year extension shall be granted upon recordation of the plat for the first phase. Subsequent extensions for phased developments may be requested in accordance with section 8.6.205 of this article.

   E.   Construction Approval:

      1.   Preconstruction Plan Approval: After preliminary subdivision approval is granted, the applicant shall submit construction plans for review and approval by the department and other agencies with jurisdiction. The department will review those plans for conformance with the design standards contained in article 6.7 of this chapter (and, in the case of conservation subdivisions, article 6.6 of this chapter), and with any applicable conditions of approval. Construction plans may include, without limitation, plans for roads, water and sewer systems, trails, vegetation buffers, and stormwater, erosion and dust control. Issuance of development permits shall be governed by chapter 7 of this title and title 7, chapter 1 of this code, as appropriate. No construction, site disturbance or other development activity may commence until plans are approved and the appropriate development permits are issued by the department.

      2.   Construction Approval: After construction plans have been approved and development permits have been issued, the applicant may either install the improvements, obtain written approval of the construction by the design professionals and applicable agencies, and apply for final subdivision approval, or, alternatively, may submit a financial guarantee and subdivision completion agreement which complies with the requirements of sections 8.6.711 and 8.6.903 of this chapter and are approved by the director and agencies with jurisdiction, and then apply for final subdivision approval. If an agency is unable or unwilling to approve a financial guarantee, the director may assume this authority. (Ord. 493, 6-9-2016)

   A.   Applicability: At any time prior to expiration of preliminary approval of a major subdivision, one extension of up to two (2) years may be requested according to the procedure set forth in this section. For phased developments, one automatic two (2) year extension will be granted when the first phase is recorded. Subsequent extensions for phased developments may be requested in accordance with this section.

   B.   Application Requirements: The following items shall constitute a complete application:

      1.   The application form.

      2.   Fees as adopted by resolution of the board.

      3.   A narrative which explains the following:

         a.   The reasons why the subdivision was not developed within the original time line;

         b.   The status of compliance with the original conditions of approval; and

         c.   The anticipated time schedule for completion of the platting process.

      4.   The director may require additional information to determine compliance with conditions of approval, applicable provisions of this title or title 7, chapter 1 of this code, or the requirements of other agencies.

   C.   Approval Requirements:

      1.   The director may grant the extension upon the following findings:

         a.   A complete application was submitted;

         b.   The project is in compliance with the requirements of the county and other agencies in place at the time the complete preliminary application was received by the department; and

         c.   The project is in compliance with its conditions of approval.

      2.   The director shall make a decision within thirty five (35) days of receipt of a complete application unless otherwise agreed to by the applicant.

      3.   The decision of the director may be appealed in accordance with the provisions of chapter 8, article 8.5 of this title. (Ord. 493, 6-9-2016)

   A.   The following items constitute a complete application for final approval of a major subdivision:

      1.   A completed application form signed by the property owner, or a notarized letter from the property owner authorizing the applicant to file the application.

      2.   A completed checklist of application requirements.

      3.   Fees as adopted by resolution of the board.

      4.   Three (3) copies of a large plat, including the signature page and all supplemental pages, which has been prepared by an Idaho licensed surveyor and complies with the requirements set forth in section 8.6.203, table 6-201 of this article and in title 50, chapter 13, Idaho Code.

      5.   A small plat, which shall consist of an eleven inch by seventeen inch (11" x 17") copy of the large plat, plus all supplemental pages.

      6.   A narrative which contains the following information:

         a.   An explanation of how each condition of approval has been met;

         b.   The status of phasing and infrastructure improvements;

         c.   The total acres and number of lots in the final proposal;

         d.   Any modifications from the original proposal; and

         e.   Confirmation that necessary road signs and corner monuments have been installed.

      7.   For major subdivisions in timbered areas, a wildfire mitigation plan, prepared by a professional forester, and certification from the forester that the plan has been implemented. The plan must meet the requirements of section 8.6.901 of this chapter, and must be approved by the director and the fire protection district with jurisdiction, or the Idaho department of lands, as appropriate.

      8.   A site disturbance permit or written confirmation of exemption issued by the department, and if stormwater management systems are completed, as built approval from the design professional.

      9.   Any documentation needed to show compliance with requirements or conditions of approval, including a written agreement for garbage collection service when required.

      10.   If not previously submitted, construction plans which have been approved by agencies with jurisdiction, including plans for roads, trails, water, sewer systems, dust control, etc. If improvements are completed, as built plans and written approvals prepared by appropriate design professionals are required.

      11.   If noxious weeds have been identified, an approved weed mitigation plan and proof that the plan has been implemented (e.g., receipts for spraying).

      12.   For watersheds that drain to surface water, a copy of the NPDES notice of intent that has been filed with the EPA.

      13.   Copies of associated documents such as conservation easements, restrictive covenants, and homeowners' association bylaws and articles of incorporation that are associated with the subdivision. These must be approved by the director and must comply with the requirements of section 8.6.902 of this chapter.

      14.   Financial guarantees. Draft copies of financial guarantees that will be submitted for the required warranty, or in lieu of completed, approved infrastructure improvements. Financial guarantees must be approved by the director and agencies with jurisdiction, must comply with the requirements of section 8.6.711 of this chapter, and must be accompanied by a subdivision completion and/or warranty agreement which complies with the requirements of section 8.6.903 of this chapter. If an agency is unable or unwilling to approve a financial guarantee, the director may assume this authority.

      15.   For conservation subdivisions, a land management plan approved by the agency with jurisdiction if necessary to bring the site into compliance with applicable BMPs.

      16.   Letters from agencies with jurisdiction and service providers, as determined by the director, dated within six (6) months prior to submittal. The applicant shall be responsible for obtaining agency approval letters associated with applications for final subdivision approval. The letters must indicate the following:

         a.   Construction plans have been reviewed and approved;

         b.   If construction is complete, that it has been approved;

         c.   If construction is not complete, that the amount of proposed financial guarantees is acceptable;

         d.   Proposed conveyances will be accepted;

         e.   Any other requirements have been met; and

         f.   The mylar plat will be signed and sanitary restrictions will be lifted.

         g.   The director must verify that all private roads comply with the "Highway Standards For The Associated Highway Districts Of Kootenai County, Idaho", or such variances from those standards as the director or highway district may recommend.

   B.   The applicant shall be required to submit one application packet. Any application that is incomplete will not be processed. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

The procedure for final approval of a subdivision shall be as follows:

   A.   Application: The applicant shall submit one complete application packet. The application and plat must meet the requirements of section 8.6.206 and section 8.6.203, table 6-201 of this article, title 50, chapter 13, Idaho Code, any other applicable provisions of this title and title 7, chapter 1 of this code, and the requirements of all agencies with jurisdiction and those providing services. If the application is not complete, it will not be processed.

   B.   Director Recommendation And Required Findings: The director shall review the application and the relevant facts and evidence in the record and issue a recommendation. The applicant shall bear the burden of proof (including both the burden of going forward with evidence and the burden of persuasion) that the application complies with the applicable requirements of this article. To recommend final approval of a subdivision, the director must make the following findings:

      1.   The applicant has provided information sufficient to determine whether the application complies with the relevant requirements of this chapter.

      2.   The plat complies with the requirements of section 8.6.203, table 6-201 of this article and title 50, chapter 13, Idaho Code, and is substantially the same as was presented in the preliminary application.

      3.   The project and the lots comply with the requirements of this chapter.

      4.   The plat, the project and the lots comply with other applicable provisions of this code, without variances, or with such variances to, or deviations from, requirements or standards as may be approved by the board.

      5.   The plat, the project and the lots meet the requirements of all agencies with jurisdiction and those providing services.

      6.   The subdivision creates lots of reasonable utility and livability, capable of being built upon without imposing an unreasonable burden on future owners.

      7.   Negative environmental, social and economic impacts have been or will be mitigated.

      8.   On and off site improvements, or payments in lieu of such improvements, that are roughly proportional, both in nature and extent, to the impact of the proposed development have been made in order to mitigate the impacts of the subdivision so that it does not compromise the quality or increase the cost of services.

      9.   The sanitary restrictions will be lifted prior to recordation.

      10.   The applicant has demonstrated that all conditions of approval have been met.

      11.   Improvements are either complete and approved by all agencies with jurisdiction and those providing services, or construction plans have been approved and a financial guarantee approved by the director and by all agencies with jurisdiction and those providing services, has been provided. If an agency is unable or unwilling to approve a financial guarantee, the director may assume this authority.

      12.   If any land, shared infrastructure, or improvements will be privately maintained, documents establishing the maintenance organization have been approved by the director and are ready to be recorded with the plat.

      13.   Any required conservation easements or other documents have been approved by the director and are ready to be recorded with the plat.

      14.   For phased projects, the phase for which final approval has been applied complies with all of the requirements of this title and with those of other agencies and service providers.

      15.   Public notice has been given in accordance with the applicable provisions of Idaho Code and this title.

   C.   Recommendation: If the application and the subdivision comply with all of the requirements of subsection B of this section, the director shall recommend approval. If the application and the subdivision do not comply with one or more of these requirements, or if insufficient information was provided to make that determination, the director shall recommend denial. The director shall make a recommendation within thirty five (35) days of the receipt of a complete application unless otherwise agreed to by the applicant.

   D.   Board Decision:

      1.   The board shall make the final decision on applications for final subdivision approval. Upon receipt of the recommendation of the director, the department shall schedule the application for deliberations before the board. Deliberations shall be conducted in accordance with the Idaho open meetings law, title 74, chapter 2, Idaho Code, but the board shall not allow public testimony, nor shall it admit additional evidence into the record.

      2.   After reviewing the evidence in the record and the standards for approval, the board shall then take one of the following actions:

         a.   Approve the request;

         b.   Deny the request; or

         c.   Remand the application to the director.

      3.   To grant final approval of an application, the board must make all of the findings set forth in subsection B of this section. If the board makes all of those findings, it shall grant final approval of the application. If the proposal cannot meet one or more of those requirements, or if insufficient information was provided to make that determination, the board may either deny the application, remand the application to the director, or schedule a public hearing to receive additional application materials, testimony and evidence.

      4.   The order of decision of the board shall comply with section 67-6535, Idaho Code, and shall cite the applicable legal standards, state the evidence and conclusions on which the decision was based, and explain any relevant contested facts and its evaluation of these facts. Decisions of denial shall identify any actions which the applicant may be able to take to gain approval. The order of decision shall be issued within thirty five (35) days of the close of the hearing unless otherwise agreed to by the applicant. (Ord. 493, 6-9-2016)

Within one year of final subdivision approval, the applicant must submit the mylar plat and any associated documents to the department in a form ready to record. The applicant must obtain all signatures on the plat and associated documents, except county signatures, before submittal to the department. All signatures and stamps must be in reproducible, quick drying, permanent, indelible, black ink. The department will check for compliance with the final subdivision approval and will obtain signatures on the plat from the chairman of the board, or chairman pro tem, before the plat and any associated documents are recorded. No plat shall be signed unless it is accompanied by written confirmation from the department that the plat complies with all county requirements. An extension of the one year period for recordation may be requested prior to the expiration of the then current period, and such requests may be granted by the director for good cause shown. If the plat is not submitted within one year, and a request for extension is not timely made and granted by the director, the approval shall be null and void. (Ord. 493, 6-9-2016)

The minor subdivision process may be used to create four (4) or fewer lots if the property has not been subdivided within the past five (5) years, or if the previously divided subdivisions together will create four (4) or fewer lots. This process results in an administrative decision by the director, and does not require a public hearing. (Ord. 493, 6-9-2016)

Applications for approval of a minor subdivision shall comply with the requirements set forth in this section.

   A.   Complete Application Required; Incomplete Submissions: The applicant shall submit one (1) application packet to the department in electronic format except as may be approved by the director, in which case the applicant shall submit one (1) complete application packet to the department, plus additional packets for each agency which will be requested to review and comment on the proposal. The director will determine which agencies are to receive applications for review and comment, and the department will forward the application packets to those agencies. An applicant may request that an incomplete application be accepted by submitting a letter stating which items are missing, and giving a detailed explanation and rationale for the incomplete submission. If the director determines that the missing information is not necessary to establish conformance with the required findings listed in subsection 8.6.303B of this article, the request may be approved, in which case, the application will be deemed to be complete, will be vested under the then current provisions of this chapter, and will be processed. If the director denies the request, the application will not be processed or scheduled for public hearing until it is complete. A denial of this request may be appealed in accordance with the provisions of chapter 8, article 8.5 of this title.

   B.   Complete Application Contents: The following items constitute a complete application for approval of a minor subdivision, with the items listed in subsections B1 through B4 of this section being the required elements of agency packets:

      1.   A completed application form signed by the property owner, or a notarized letter from the property owner authorizing the applicant to file the subdivision application.

      2.   At least six (6) photographs of the site, taken at various angles, depicting the general character of the site, accompanied by a map showing the location and orientation of the photos.

      3.   A narrative listing the following:

         a.   The acreage of the subdivision;

         b.   The number of lots proposed;

         c.   The location, approximate dimensions, and intended use of any nonresidential lots (e.g., utilities, schools, places of worship or assembly, parks, or open space);

         d.   The characteristics of the site, including existing vegetation, soils and wildlife;

         e.   Proposed water, sewer service, roads, trails and other improvements;

         f.   Plans for preserving land for timber, agriculture, recreation, wildlife or other open space uses;

         g.   Proposed conveyances, including conservation easements, if applicable;

         h.   Special design features of the subdivision;

         i.   Any requested variances from, or deviations to, any otherwise applicable requirements or standards;

         j.   The proposed completion schedule for the project;

         k.   Proposed methods of ownership and maintenance of any open space, shared infrastructure and improvements; and

         l.   A written statement regarding the presence or absence of wetlands on the property and identifying any "sensitive areas", as defined in section 8.9.403 of this title.

      4.   A large plat, including the signature page and all supplemental pages, which has been prepared by an Idaho licensed surveyor and complies with the requirements set forth in Table 6-301 of this article and in title 50, chapter 13, Idaho Code. If hard copy submittals have been authorized, three (3) copies of the plat shall be submitted.

      5.   A completed checklist of application requirements.

      6.   Fees, as adopted by resolution of the board.

      7.   A title report or similar document containing the legal description, ownership and easements for the property.

      8.   A groundwater quantity report, which must contain information sufficient to demonstrate the likelihood that new or existing wells will provide sufficient water for the subdivision without negatively affecting nearby property owners. The following information is required:

         a.   For subdivisions to be served by a well on each lot, documentation by an Idaho licensed professional geologist (PG) that the proposed water supply source has sufficient production capability to provide drinking water to all of the lots in the proposed subdivision, and that a location is available within each lot for installation of a well without conflicting with proposed sewage systems.

         b.   For subdivisions to be served by a new water system servingnine (9) or fewer lots, documentation by an Idaho licensed PG that the sources proposed for water supply have sufficient production capability to provide drinking water to the lots in the proposed subdivision.

         c.   For subdivisions to be served by a new public water system, an engineering report prepared by an Idaho licensed PG that demonstrates that an adequate water supply is available to meet the estimated demand for water from the lots in the proposed subdivision, plus documentation of DEQ approval of the report.

         d.   For subdivisions to be served by connection to an existing public water system, a will serve letter from the owner of the system which indicates that it has sufficient reserve production capacity to supply water to the lots in the proposed subdivision.

         e.   Unless the subdivision is to be served by connection to an existing public water system, available well logs which cover a minimum of one-half (1/2) mile of the boundary of the site shall be included in the report. For residential uses, one thousand five hundred (1,500) gallons per day (gpd), with a minimum flow of five (5) gallons per minute (gpm) for four (4) hours, per residence, will be considered adequate if no more than one-half (1/2) acre of property will be irrigated. For low flow wells, storage may be provided to meet this requirement. If approved by DEQ, other methods of estimating water demand may be used, including the "Washington State Water System Design Manual". If conformance with these requirements is questionable, the applicant shall secure an option for a secondary water source that does meet the requirements. If necessary to demonstrate compliance, the director may require additional information, such as historic and current static water levels in the area. Two (2) copies of such information shall be submitted when required.

      9.   If the proposed subdivision will not be located over the Rathdrum Prairie Aquifer and there are wells within one-half (½) mile of the boundary of the proposed subdivision, a detailed hydrogeological analysis prepared by an Idaho licensed professional geologist (P.G.) with experience in hydrogeology shall be required. The hydrogeological analysis shall address, at a minimum, the factors set forth in paragraph 8 of this subsection. The Director may also require this analysis for proposed subdivision located over the Rathdrum Prairie Aquifer if the groundwater quantity report indicates that any new or existing wells proposed to provide water for the subdivision may negatively affect the quantity of water available to nearby property owners.

      10.   When land disturbing activity is proposed in areas where the natural slope exceeds fifteen percent (15%), a conceptual site disturbance and stormwater plan must be submitted. The plan must be developed by a design professional and must propose suitable methods and locations for stormwater treatment systems. Proposed systems must conform to the applicable provisions of chapter 7, article 7.1 of this title, associated resolutions, and approved best management practices (BMPs), such as the "State Of Idaho Catalog Of Storm Water Best Management Practices For Idaho Cities And Counties". If the director determines that it is likely that slopes, soils, groundwater or other conditions will not meet the design parameters of the proposed BMPs, the director may require that test holes be evaluated to determine soil types in the vicinity of the stormwater systems. Test holes that have been examined by Panhandle health district for sewage disposal suitability may be used to fulfill this requirement if they are in the vicinity of the proposed stormwater systems. Otherwise, test holes must be evaluated by a soils expert or by an Idaho licensed civil or geological engineer having sufficient education and experience to prove competency in the field of geotechnical engineering, and four (4) copies of the evaluation report must be provided to the department.

      11.   When land disturbing activity is proposed in areas where the natural slope equals or exceeds fifteen percent (15%), the director may require submittal of four (4) copies of a conceptual engineering plan as part of a subdivision application. The plan shall be developed by an Idaho licensed civil engineer, and shall depict proposed building sites, road and driveway grades, profiles and cross sections, and the slope and location of cuts and fills. The purpose of this plan is to demonstrate the feasibility of the proposed subdivision design and to illustrate the nature and extent of earthwork required for site preparation and construction.

      12.   Whenever the natural slope of any proposed building sites, roads, driveways or other development equals or exceeds fifteen percent (15%), there is a water table within six feet (6') of ground surface at any time of year, soils are highly erodible, or there are scarps, slumps, seeps or other geologic features that may be unstable, the director may require submittal of two (2) copies of a geotechnical analysis as part of a subdivision application. The geotechnical analysis shall:

         a.   Be stamped and signed by an Idaho licensed civil or geological engineer having sufficient education and experience to prove competency in the field of geotechnical engineering;

         b.   Explain the geologic and hydrologic features of the area;

         c.   Evaluate the suitability of the site for intended uses;

         d.   Identify potential problems relating to the geology and hydrology;

         e.   Summarize the data upon which its conclusions are based; and

         f.   Propose mitigation measures.

      13.   If national wetlands inventory maps show wetlands on the site, or if soil survey maps indicate the presence of hydric soils, or if the director or a qualified professional determines that there may be wetlands on the site, a wetlands delineation and analysis shall be provided and shown as part of the supplemental pages of the plan. The wetlands delineation must be provided by a qualified professional such as a professional engineer, landscape architect, biologist or wetlands specialist. In addition to classification of wetlands and delineation of wetland boundaries, the analysis must explain the likely impacts of the project on wetlands and must recommend actions to mitigate those impacts and preserve wetland dependent plants and animals.

   C.   Additional Application Submittals: The following additional application submittals shall be required prior to plat approval and recordation:

      1.   A large final plat containing any required revisions and including the signature page and all supplemental pages, which has been prepared by an Idaho licensed surveyor and which complies with the requirements set forth in Table 6-301 of this article and in title 50, chapter 13, Idaho Code.

      2.   If noxious weeds have been identified, an approved weed mitigation plan and proof that the plan has been implemented (e.g., receipts for spraying).

      3.   Copies of associated documents such as conservation easements, restrictive covenants, and homeowners' association bylaws and articles of incorporation that are associated with the subdivision. These must be approved by the director and must comply with the requirements of section 8.6.902 of this chapter.

      4.   Letters from agencies with jurisdiction and service providers, as determined by the director, dated within six (6) months prior to submittal. The applicant shall be responsible for obtaining agency approval letters associated with applications for final subdivision approval. The letters must indicate the following:

         a.   Construction plans have been reviewed and approved;

         b.   If construction is complete, that it has been approved;

         c.   If construction is not complete, that the amount of proposed financial guarantees is acceptable;

         d.   Proposed conveyances will be accepted;

         e.   Any other requirements have been met; and

         f.   The mylar plat will be signed and sanitary restrictions will be lifted.

         g.   For private roads within the subdivision and new private roads connecting the subdivision with the nearest public or private road, the director must verify that the roads comply with the "Highway Standards For The Associated Highway Districts Of Kootenai County, Idaho", or such variances from those standards as the highway district may recommend.

TABLE 6-301
FORM AND CONTENT OF MINOR SUBDIVISION PLANS,
PROPOSED PLATS AND SUPPLEMENTAL PAGES

The items with an * must be shown on supplemental pages. All other items must be included on the plat/plan.

 

(Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019; Ord. 560, 12-17-2020)

   A.   Procedure For Processing Of Applications:

      1.   Site Inspection And Sketch Plan Review: The applicant must provide a sketch plan, consisting of simple, conceptual drawings which show the layout of proposed streets, lots or areas for lots, and conservation areas. A department planner will review the approval process with the applicant and will confer with the applicant as to the design and feasibility of the proposal.

      2.   Existing Site Disturbances And Code Violations: If any unpermitted site disturbance or subdivision development has previously occurred (e.g., construction of roads, driveways, building pads, etc.), a county site disturbance permit must be obtained, a financial guarantee must be provided, and stormwater and erosion control systems which comply with the applicable standards of chapter 7, article 7.1 of this title, and associated resolutions and BMPs, must be installed and approved before a subdivision application will be accepted as complete for purposes of vesting and processing. The director may require placement or replacement of trees or other vegetation needed for screening and buffering of the subdivision as a condition of preliminary subdivision approval. Any other violations of this title or of title 7, chapter 1 of this code must also be corrected prior to application, except to the extent that approval of the application will remedy any such violation.

      3.   Subdivision Design: The applicant and design consultant will then lay out the proposed subdivision, and the project surveyor will draw a proposed plat. Subdivisions which will result in the creation of lots of less than five (5) acres, and those containing natural slopes that equal or exceed thirty five percent (35%), must be designed to fit the houses and roads into and around the hillside in a manner that minimizes disturbance of the terrain, vegetation and drainageways, will not result in soil erosion, and is compatible with the natural characteristics of the area.

      4.   Neighborhood Meeting: Prior to submitting an application, the applicant is encouraged to meet with neighbors to discuss the proposed project.

      5.   Application: The applicant must then submit a complete application packet to the department, including a sufficient number of complete agency review packets as determined by the director. The application and proposed plat must meet the requirements of section 8.6.302 of this article. Incomplete applications will not be processed except as provided in this article.

      6.   Agency Review:

         a.   If the application is complete, the department will forward it to other agencies with relevant jurisdiction or expertise with a request for review and comment within thirty (30) days of receipt. After the packets have been sent, the applicant should contact each agency to determine whether there are additional requirements which will apply to the proposed subdivision. Agency responses should explain whether the proposal appears feasible and will meet the agency's requirements, any negative effects that may result from the subdivision and any actions which may be needed to mitigate those effects and ensure that the development does not compromise the quality, or increase the cost, of public services and facilities, any additional information that may be needed, and what is required or recommended prior to final approval.

         b.   Agencies that may be asked to comment include, but are not limited to, the fire protection and highway districts with jurisdiction, the Idaho transportation department, the school district serving the area, Panhandle health district, the Idaho department of environmental quality, the Idaho department of water resources, water and sewer service providers, utility providers, the U.S. army corps of engineers, Kootenai County noxious weeds department, Idaho department of lands, Idaho department of fish and game, Kootenai-Shoshone soil conservation district, and the Coeur d'Alene Tribe. Projects located within an area of city impact will also be forwarded to the appropriate city or cities for review and comment. In addition to providing general comments, the department will request that the following agencies address these specific items:

            (1)   Panhandle health district: The requirements for the lifting of sanitary restrictions, as required prior to recordation.

            (2)   Water purveyor: A will serve letter, any actions required to secure water connections, and confirmation that the water system is adequate for both domestic and fire flow, particularly if hydrants are proposed or required.

            (3)   Sewer district: A will serve letter, and any actions required to secure sewer connections.

         c.   Requests by an agency for actions to be taken, or fees to be paid, to mitigate impacts of a subdivision should be roughly proportional, both in nature and extent, to the impact of the proposed development.

      7.   Comment Period: The department will also schedule the application for a thirty (30) day public comment period, which shall run concurrently with the agency comment period. The department shall cause a notice of public comment period to be published in the "Coeur d'Alene Press" at the applicant's expense. The applicant shall also cause notice to be mailed to all property owners required to be noticed under Table 8-401 of this title, including any contiguous lots or parcels under the same ownership, at the applicant’s expense, on or before the first day of the comment period. Information submitted prior to the close of the comment period shall be entered into the record on the application.

   B.   Order Of Decision And Required Findings:

      1.   After the close of the comment period, the director shall review the relevant evidence in the record and the standards for approval, and shall issue an order of decision. The applicant shall bear the burden of proof (including both the burden of going forward with evidence and the burden of persuasion) that the application complies with the applicable requirements of this article. To approve a minor subdivision, the director must make all of the following findings:

         a.   The applicant has provided information sufficient to determine whether the application complies with the relevant requirements of this chapter.

         b.   The plat meets the requirements of subsection 8.6.302D of this article and title 50, chapter 13, Idaho Code.

         c.   The project and the lots comply with the requirements of this chapter.

         d.   The plat, the project and the lots are in compliance with other applicable provisions of this code without variances, or with such variances to, or deviations from, requirements or standards as may be approved by the director.

         e.   The plat, the project and the lots meet the requirements of all agencies with jurisdiction and those providing services.

         f.   The subdivision design and proposed uses are compatible with existing homes, businesses and neighborhoods, and with the natural characteristics of the area. The subdivision creates lots of reasonable utility and livability, capable of being built upon without imposing an unreasonable burden on future owners. Areas not suited for development have been designated as open space.

         g.   Negative environmental, social and economic impacts have been or will be mitigated. Driveway construction and disturbance of terrain, vegetation and drainageways will be minimized and will not result in soil erosion. The design has adequately addressed site constraints or hazards.

         h.   Services and facilities which will serve the subdivision are available and adequate. On and off site improvements, or payments in lieu of such improvements, that are roughly proportional, both in nature and extent, to the impact of the proposed development have been made in order to mitigate the impacts of the subdivision so that it does not compromise the quality or increase the cost of services.

         i.   Any trails or sidewalks included on the plat have been designed in a manner which establishes or adequately contributes to a transportation system for bicycles and pedestrians that is safe, efficient and minimizes traffic congestion.

         j.   The sanitary restrictions will be lifted prior to recordation.

         k.   If any land, shared infrastructure, or improvements will be privately maintained, documents establishing the maintenance organization have been approved by the director and are ready to be recorded with the plat.

         l.   Any required conservation easements or other documents have been approved by the director and are ready to be recorded with the plat.

         m.   Public notice and an opportunity for interested parties to comment on the application have been given in accordance with the applicable provisions of Idaho Code and this title.

      2.   Any requested variance or deviation from standards which would otherwise apply to the proposed subdivision shall not be approved except upon the following findings:

         a.   An undue hardship exists because of characteristics of the site;

         b.   The granting of the variance or deviation will not be in conflict with the public interest; and

         c.   The variance or deviation is the minimum necessary to make possible the use associated with the request.

      3.   If the application and the subdivision comply with all of the requirements of subsection B1 of this section, the director shall approve the application. If the application and the subdivision do not comply with one or more of these requirements, or if insufficient information was provided to make that determination, the director shall deny the application.

      4.   To grant approval of any requested variance or deviation from standards which would otherwise apply to the proposed subdivision, the director must make all of the findings set forth in subsection B2 of this section.

      5.   The order of decision of the director shall comply with section 67-6535, Idaho Code, and shall cite the applicable legal standards, state the evidence and conclusions on which the decision was based, and explain any relevant contested facts and its evaluation of these facts. Decisions of approval shall include any conditions of approval. Decisions of denial shall identify any actions which the applicant may be able to take to gain approval. The order of decision shall be issued within thirty five (35) days of the close of the comment period unless otherwise agreed to by the applicant.

      6.   The decision of the director may be appealed in accordance with the provisions of chapter 8, article 8.5 of this title. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

Within one year of approval, the applicant must meet any conditions and submit the mylar plat and any associated documents to the department in a form ready to record. The applicant must obtain all signatures on the plat and associated documents, except county signatures, before submittal to the department. All signatures and stamps must be in reproducible, quick drying, permanent, indelible, black ink. A current title report, which may be an updated version of the title report originally submitted with the application, must also be submitted with the plat. The department will check for compliance with any conditions of approval and will obtain signatures on the plat from the chairman of the board before the plat and any associated documents are recorded. No plat shall be signed unless it is accompanied by written confirmation from the department that the plat complies with all county requirements. An extension of the one year period for recordation may be requested prior to the expiration of the then current period, and such requests may be granted by the director for good cause shown. If the plat is not submitted within one year, and a request for extension is not timely made and granted by the director, the approval shall be null and void. (Ord. 493, 6-9-2016)

This article outlines the instances in which a minor amendment to a previously recorded subdivision or condominium plat, or portion of a plat, may be made when the amendment cannot be accomplished under any of the exemptions set forth in section 8.6.103 of this chapter.

   A.   Minor amendments include corrections and changes in wording which do not affect vested rights of any owners of property, or of any legal interest in property, located within the subdivision. Boundary line adjustments that do not create additional lots may also be approved as a minor amendment. Unplatted land may be added to existing subdivision lots as part of a minor amendment involving a boundary line adjustment.

   B.   Substantial changes to a plat must be approved via the major subdivision, minor subdivision, or condominium plat approval process, as appropriate. With the exception of parcels created by court order, substantial changes include the following:

      1.   Changes that would affect the location of private roads, common driveways, driveway approaches, septic systems, building sites, easements or utilities, unless all affected property owners have consented to the changes proposed, in which case the provisions of section 8.6.405 of this article shall apply;

      2.   Changes that would affect the location of public roads;

      3.   Changes that would create additional lots; or

      4.   Other significant changes in wording that may affect vested rights of any owners of property, or of any legal interest in property, located within the subdivision. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

Applications for approval of a minor amendment must comply with the requirements set forth in this section.

   A.   The applicant shall electronically submit one (1) complete application packet to the department consisting of all of the materials set forth in subsection B of this section, except as may be waived by the director. Additional packets for each agency which will be requested to review and comment on the proposal shall also be submitted if the application was not submitted electronically. The director will determine which agencies are to receive applications for review and comment, and the department will forward the application packets to those agencies. Incomplete applications will not be processed.

   B.   The following items constitute a complete application for approval of a minor amendment:

      1.   A completed application form signed by the property owner, or a notarized letter from the property owner authorizing the applicant to file the application.

      2.   Fees, as adopted by resolution of the board.

      3.   A title report or similar document containing the legal description, ownership and easements for the affected lots or parcels.

      4.   A large plat, including the signature page and any supplemental pages, which has been prepared by an Idaho licensed surveyor and complies with the requirements set forth in subsection 8.6.302D of this chapter and in title 50, chapter 13, Idaho Code. The title of the plat shall state that it is a minor amendment to the subdivision, or to the particular lots within the subdivision.

      5.   A narrative which explains the proposed changes and responds to any questions from the department.

      6.   The large plat shall be submitted electronically unless submittal of hard copies is approved by the Director. When hard copy submittals are authorized, three (3) copies of the large plat shall be submitted. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

   A.   Determination Of Completeness: The applicant shall submit one complete application packet to the department consisting of a completed application form signed by the property owner, or a notarized letter from the property owner authorizing the applicant to file the application, plus any necessary supporting materials, as listed in subsection 8.6.402B of this article. Additional packets for each agency which will be requested to review and comment on the proposal shall also be submitted if the application was not submitted electronically. The director will determine completeness of the application and the agencies which are to receive applications for review and comment, and the department will forward the application packets to those agencies. Incomplete applications will not be processed.

   B.   Agency Review: If the application is complete, the department will forward application packets to affected agencies for their review and approval. If the number of lots will be reduced, approval letters shall be required from any water purveyors and sewage treatment providers that serve the subdivision. After the packets have been sent, the applicant should contact each agency to determine whether there are additional requirements which will apply to the proposal.

   C.   Order Of Decision: After agency letters are received, the director shall review the relevant evidence in the record and the standards for approval, and shall issue an order of decision.

      1.   To approve a minor amendment, the director must make the following findings:

         a.   The proposed changes and the plat (or survey, if appropriate) are in compliance with title 50, chapter 13, Idaho Code and with the applicable requirements of the county and other agencies;

         b.   The proposed changes are not among the types of substantial changes described in subsection 8.6.401B of this article; and

         c.   There will be no negative effects on public agencies or private entities that provide services and facilities for the subdivision.

      2.   The order of decision of the director shall comply with section 67-6535, Idaho Code, and shall cite the applicable legal standards, state the evidence and conclusions on which the decision was based, and explain any relevant contested facts and its evaluation of these facts. Decisions of approval shall include any conditions of approval. Decisions of denial shall identify any actions which the applicant may be able to take to gain approval. The order of decision shall be issued within thirty five (35) days of the close of the comment period unless otherwise agreed to by the applicant.

      3.   The decision of the director may be appealed in accordance with the provisions of chapter 8, article 8.5 of this title. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

   A.   Within six (6) months of approval of a minor amendment, the applicant must submit the mylar plat and any associated documents to the department in a form ready to record. All signatures and stamps must be in reproducible, quick drying, permanent, indelible, black ink.

   B.   Requirements Of Plats: All plats shall comply with the requirements of title 50, chapter 13, Idaho Code. All property owners whose land is included in the approved plat amendment must sign the owners' certificate on the plat. The applicant must obtain all signatures on the plat and associated documents, except county signatures, before submittal to the department. The department will obtain signatures on the plat from the chairman of the board, or chairman pro tem, before the plat and any associated documents are recorded. No plat shall be signed unless it is accompanied by written confirmation from the department that the plat complies with all county requirements.

   C.   Requests For Extension Of Time: An extension of the six (6) month period for recordation may be requested prior to the expiration of the then current period, and such requests may be granted by the director for good cause shown. If the plat is not submitted within six (6) months, and a request for extension is not timely made and granted by the director, the approval shall be null and void. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

   A.   Applicability: The procedure set forth in this section shall apply to any changes to a previously recorded plat that would affect the location of private roads, common driveways, driveway approaches, septic systems, building sites, easements or utilities, in which all affected property owners have consented to the changes proposed.

   B.   Submittal Requirements:

      1.   A completed application form signed by the property owner, or a notarized letter from the property owner authorizing the applicant to file the application.

      2.   Fees, as adopted by resolution of the Board.

      3.   A narrative which explains the proposed changes and responds to any questions from the Department.

      4.   An unmarked copy of the recorded plat.

      5.   A record of survey which complies with the provisions of Title 55, Chapter 19, Idaho Code and depicts all proposed changes.

      6.   A copy of any other documents which are proposed to be recorded to effectuate the proposed changes.

   C.   If the application is complete, the Department will review the application, and may sent a copy to affected agencies for their review.

   D.   Approval. Upon a determination that the application is complete, and after any requested agency responses are received, the Director shall review the application and the standards for approval, and shall make a written determination of approval or denial.

      1.   To approve a relocation, the Director must make the following findings:

         a.   The proposed changes are in compliance with the applicable requirements of the County and other agencies.

         b.   The record of survey complies with the provisions of Title 55, Chapter 19, Idaho Code.

         c.   There will be no negative effects on public agencies or private entities that provide services and facilities for the subdivision.

      2.   Determinations of approval shall include any conditions of approval. Determinations of denial shall identify any actions which the applicant may be able to take to gain approval.

      3.   The determination shall be issued within seven (7) days after the application has been determined to be complete, or after any necessary agency responses are received, whichever is later, provided that the determination shall be made within fourteen (14) days after the application has been determined to be complete even if no requested agency response has been received.

      4.   The decision of the Director may be appealed in accordance with the provisions of chapter 8, article 8.5 of this title.

   E.   Recordation:

      1.   Within six (6) months of approval of a relocation, the applicant must submit the record of survey and any associated documents to the Kootenai County Recorder's Office for recordation.

      2.   An extension of the six (6) month period for recordation may be requested prior to the expiration of the then-current period, and such requests may be granted by the Director for good cause shown. If the plat is not submitted within six (6) months, and a request for extension is not timely made and granted by the Director, the approval shall be null and void. (Ord. 546, 10-17-2019)

The procedure set forth in this article shall apply to approval of condominium plats when the proposed condominium is located on one or more existing lots and no further division of land on which the proposed condominium is located is proposed. If the condominium plat does not meet these criteria, it must be approved either as a major subdivision or a minor subdivision, as appropriate. The determination as to whether a proposed condominium constitutes a division of one or more existing lots shall be within the discretion of the director, subject to the appeal procedure set forth in chapter 8, article 8.5 of this title. (Ord. 493, 6-9-2016)

   A.   Complete Application Required: The application shall submit one (1) application packet to the Department in electronic format except as may be approved by the Director, in which case the applicant shall submit one (1) complete application packet to the Department, plus additional packets for each agency which will be requested to review and comment on the proposal. The director will determine which agencies are to receive applications for review and comment, and the department will forward the application packets to those agencies. The application shall include the proposed declaration of condominium, proposed condominium plat, and all materials required for approval of a minor subdivision as set forth in section 8.6.302 and Table 6-301 of this chapter, except as may be waived by the director.

   B.   Fee: At the time of filing a condominium plat application, the applicant shall pay an application fee to the department as provided in the fee schedule approved by resolution of the board.

   C.   Incomplete Applications: An applicant may request that an incomplete application be accepted by submitting a letter stating which items are missing, and giving a detailed explanation and rationale for the incomplete submission. If the director determines that the missing information is not necessary to establish conformance with the required findings listed in subsection 8.6.503B of this article, the request may be approved, in which case, the application will be deemed to be complete, will be vested under the then current provisions of this chapter, and will be processed. If the director denies the request, the application will not be processed or scheduled for public hearing until it is complete. A denial of this request may be appealed in accordance with the provisions of chapter 8, article 8.5 of this title.

   D.   Information Required: A proposed condominium plat and declaration of condominium shall include all information required under title 50, chapter 13, and title 55, chapter 15, Idaho Code. The form and content of the proposed condominium plat and supplemental pages shall also comply with the requirements of Table 6-301 of this chapter, with the exception of final lot lines.

   E.   Compliance With Zoning Regulations:

      1.   The proposed condominium plat shall comply with all applicable requirements of the underlying zone as set forth in chapter 2 of this title and, if applicable, chapter 3 of this title.

      2.   If the applicant is also applying for approval of a planned unit development in conjunction with the proposed condominium plat, the standards for planned unit developments shall apply, as set forth in chapter 3, article 3.3 of this title, including any modifications of other zoning standards allowed therein. Applications for approval of a condominium plat associated with a planned unit development shall be submitted concurrently with the PUD application.

   F.   Processing: Except as provided in subsection C of this section, no condominium plat application shall be processed until all maps and information required by this section have been filed, checked and accepted by the department, and the required fees have been paid.

   G.   Additional Requirements For Phased Condominiums:

      1.   If the condominium project will contain more than one phase, the condominium plat for the first phase and each subsequent phase must also include the following information:

         a.   All future buildings or structures planned for the site, showing appropriate dimensions and locations;

         b.   Identification of the order in which subsequent buildings or structures will be constructed;

         c.   A statement that each phase will be superseded by the subsequent phase.

      2.   If the initial condominium plat was required to be approved through the major subdivision, minor subdivision or planned unit development approval process, subsequent phases may be approved under the provisions of this section so long as the plat does not further divide land and the Director determines that the condominium plat does not significantly deviate from the plat of any previous phase or any conditions of approval for the initial phase. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

   A.   Procedure For Processing Of Applications:

      1.   Site Inspection And Plan Review: The applicant must provide a draft declaration of condominium and conceptual condominium plat drawing. The planner and applicant will review the approval process with the applicant and will confer with the applicant as to the design and feasibility of the proposal.

      2.   Existing Site Disturbances And Code Violations: If any unpermitted site disturbance or development has previously occurred (e.g., construction of roads, driveways, building pads), a County site disturbance permit must be obtained, a financial guarantee must be provided, and stormwater and erosion control systems which comply with the applicable standards of chapter 7, article 7.1 of this title, and associated resolutions and BMPs, must be installed and approved before an application for approval of a condominium plat will be accepted as complete for purposes of vesting and processing. The Director may require placement or replacement of trees or other vegetation needed for screening and buffering of the condominium as a condition of condominium plat approval. Any other violations of this title or of title 7, chapter 1 of this Code must also be corrected prior to application, except to the extent that approval of the application will remedy any such violation.

      3.   Condominium Design: The applicant and design consultant will then lay out the design of the project and, if necessary, will revise the proposed declaration of condominium, and the project surveyor will draw a proposed condominium plat. Any parcel where a condominium plat is proposed which is less than five (5) acres in size and has natural slopes that equal or exceed thirty five percent (35%) must be designed to fit the houses and roads into and around the hillside in a manner that minimizes disturbance of the terrain, vegetation and drainageways, that will not result in soil erosion, and that is compatible with the natural characteristics of the area. Otherwise, the requirements for design, improvements and maintenance for condominium plats shall be as set forth in article 6.7 of this chapter.

      4.   Neighborhood Meeting: Prior to submitting an application, the applicant is encouraged to meet with neighbors to discuss the proposed project.

      5.   Application: The applicant must then submit a complete application packet to the department, including a sufficient number of complete agency review packets as determined by the Director. The application, the proposed declaration and proposed plat must meet the requirements of section 8.6.502 of this article. Incomplete applications will not be processed except as provided in this article.

      6.   Agency Review:

         a.   If the application is complete, the department shall review the application and forward it to other agencies with relevant jurisdiction or expertise with a request for review and comment within thirty (30) days of receipt. After the packets have been sent, the applicant should contact each agency to determine whether there are additional requirements which will apply to the proposed condominium. Agency responses should explain whether the proposal appears feasible and will meet the agency's requirements, any negative effects that may result from the condominium and any actions which may be needed to mitigate those effects and ensure that the development does not compromise the quality, or increase the cost, of public services and facilities, any additional information that may be needed, and what is required or recommended prior to final approval.

         b.   Agencies that may be asked to comment include, but are not limited to, the fire protection and highway districts with jurisdiction, the Idaho Transportation Department, the school district serving the area, Panhandle Health District, the Idaho Department of Environmental Quality, the Idaho Department of Water Resources, water and sewer service providers, utility providers, the U.S. Army Corps of Engineers, Kootenai County Noxious Weeds Department, Idaho Department of Lands, Idaho Department of Fish and Game, Kootenai-Shoshone Soil Conservation District, and the Coeur d'Alene Tribe. Projects located within an area of city impact will also be forwarded to the appropriate city or cities for review and comment. In addition to providing general comments, the department will request that the following agencies address these specific items:

            (1)   Panhandle Health District: The requirements for the lifting of sanitary restrictions, as required prior to recordation.

            (2)   Water purveyor: A will-serve letter, any actions required to secure water connections, and confirmation that the water system is adequate for both domestic and fire flow, particularly if hydrants are proposed or required.

            (3)   Sewer district: A will-serve letter, and any actions required to secure sewer connections.

         c.   Requests by an agency for actions to be taken, or fees to be paid, to mitigate impacts of a condominium should be roughly proportional, both in nature and extent, to the impact of the proposed development.

      7.   Comment Period: The department shall also schedule the application for a thirty (30) day public comment period, which shall run concurrently with the agency comment period. The department shall cause a notice of comment period to be published in the Coeur d'Alene Press at the applicant's expense. The Department shall also cause notice to be mailed to all property owners required to be noticed under Table 8-401 of this title, including any contiguous lots or parcels under the same ownership, at the applicant’s expense, on or before the first day of the comment period. Information submitted prior to the close of the comment period shall be entered into the record on the application.

   B.   Order Of Decision And Required Findings:

      1.   After the close of the comment period, the Director shall review the relevant evidence in the record and the standards for approval, and shall issue an order of decision. The applicant shall bear the burden of proof (including both the burden of going forward with evidence and the burden of persuasion) that the application complies with the applicable requirements of this article. To approve a condominium plat, the Director must make the following findings:

         a.   The applicant has provided information sufficient to determine whether the application complies with the relevant requirements of this chapter.

         b.   The declaration of condominium meets the relevant requirements of title 55, chapter 15, Idaho Code.

         c.   The condominium plat meets the relevant requirements of subsection 8.6.302C of this chapter, title 50, chapter 13, Idaho Code, and title 55, chapter 15, Idaho Code.

         d.   The condominium plat and the project are in compliance with other applicable provisions of this Code without variances, or with such variances to, or deviations from, requirements or standards as may be approved by the Director.

         e.   The condominium plat and the project meet the requirements of all agencies with jurisdiction and those providing services.

         f.   The design and proposed uses are compatible with existing homes, businesses and neighborhoods, and with the natural characteristics of the area. The condominium creates individual units and common areas of reasonable utility and livability, capable of being built upon without imposing an unreasonable burden on future owners. Areas not suited for development are designated as common areas of the condominium and as open space.

         g.   Negative environmental, social and economic impacts have been, or will be mitigated. Driveway construction and disturbance of the terrain, vegetation and drainageways will be minimized and will not result in soil erosion. The design adequately addressed site constraints or hazards.

         h.   Services and facilities which will serve the condominium are available and adequate. On- and off-site improvements, or payments in lieu of such improvements, that are roughly proportional, both in nature and extent, to the impact of the proposed development have been made in order to mitigate the impacts of the condominium so that it does not compromise the quality or increase the cost of services.

         i.   The sanitary restrictions will be lifted prior to recordation.

         j.   Appropriate documents which establish a condominium owners' association which will bear responsibility for maintenance of commonly owned land, infrastructure, or other improvements, have been approved by the Director and are ready to be recorded with the condominium plat.

         k.   Any required conservation easements or other documents have been approved by the Director and are ready to be recorded with the condominium plat.

         l.   Public notice and an opportunity for interested parties to comment on the application have been given in accordance with the applicable provisions of Idaho Code and this title.

      2.   Any requested variance or deviation from standards which would otherwise apply to the proposed condominium shall not be approved except upon the following findings:

         a.   An undue hardship exists because of characteristics of the site;

         b.   The granting of the variance or deviation will not be in conflict with the public interest; and

         c.   The variance or deviation is the minimum necessary to make possible the use associated with the request.

      3.   If the application and the condominium comply with all of the requirements of subsection B1 of this section, the Director shall approve the application. If the application and the condominium do not comply with one or more of these requirements, or if insufficient information was provided to make that determination, the Director shall deny the application.

      4.   To grant approval of any requested variance or deviation from standards which would otherwise apply to the proposed condominium, the Director must make all of the findings set forth in subsection B2 of this section.

      5.   The order of decision of the Director shall comply with section 67-6535, Idaho Code, and shall cite the applicable legal standards, state the evidence and conclusions on which the decision was based, and explain any relevant contested facts and its evaluation of these facts. Decisions of approval shall include any conditions of approval. Decisions of denial shall identify any actions which the applicant may be able to take to gain approval. The order of decision shall be issued within thirty five (35) days of the close of the comment period unless otherwise agreed to by the applicant.

      6.   The decision of the Director may be appealed in accordance with the provisions of chapter 8, article 8.5 of this title. (Ord. 514, 9-28-2017; amd. Ord. 546, 10-17-2019; Ord. 560, 12-17-2020)

Within one year of approval, the applicant must meet any conditions and submit the mylar plat and any associated documents to the department in a form ready to record. The applicant must obtain all signatures on the plat and associated documents, except County signatures, before submittal to the department. All signatures and stamps must be in reproducible, quick drying, permanent, indelible, black ink. A current title report, which may be an updated version of the title report originally submitted with the application, must also be submitted with the plat. The department will check for compliance with any conditions of approval and will obtain signatures on the plat from the Chairman of the Board, or Chairman Pro Tem, before the plat and any associated documents are recorded. No plat shall be signed unless it is accompanied by written confirmation from the department that the plat complies with all County requirements. An extension of the one year period for recordation may be requested prior to the expiration of the then current period, and such requests may be granted by the Director for good cause shown. If the plat is not submitted within one year, and a request for extension is not timely made and granted by the Director, the approval shall be null and void. (Ord. 493, 6-9-2016)

Kootenai County encourages the use of conservation designs for subdivisions. The purpose of a conservation subdivision is to fit the development to the land, to cluster homes on smaller lots, to minimize road construction, to reduce stormwater and water quality impacts, to make it possible to develop shared water and sewage systems, and to save large areas of green space for farming, pasture, timber production, wildlife habitat, recreation and other uses that benefit the community. This article outlines the requirements for conservation subdivisions. (Ord. 493, 6-9-2016)

   A.   The maximum density allowed within a conservation subdivision shall be calculated by dividing the total acreage in the proposed subdivision by the minimum lot size permitted in the underlying zone. For example, the maximum density allowed within a two hundred (200) acre subdivision in the Rural Zone would be forty (40) lots (200 ÷ 5 = 40).

   B.   If a conservation subdivision is to be located in more than one zone, the allowable density for the land in each zone shall be calculated separately and then added together to yield the maximum density allowed within the subdivision. In such cases, the distribution of lots within the subdivision need not conform to existing zone boundaries.

   C.   The minimum lot size for a building lot in a conservation subdivision shall be eight thousand two hundred fifty (8,250) square feet. (Ord. 518, 2-15-2018)

Conservation subdivisions shall be designed to conserve at least twenty percent (20%) of the property within the subdivision. (Ord. 493, 6-9-2016)

Green space is land with natural, cultural or historic resources of value to the community. Land that is to be preserved as green space must be a part of the land being divided, must be unencumbered by existing conservation easements, must be in good condition (e.g., stable, in conformance with applicable Best Management Practices), and must fall into one or more of the following categories:

   A.   Actively managed pasture, farm or timber land, except such agricultural uses as may be incompatible with residential uses. Appurtenant structures, including residential structures, are permitted as set forth in the applicable provisions of chapters 2 and 3 of this title. However, if a residential structure is proposed to be built on a green space lot, that lot shall be counted as a building lot. If the proposed agricultural use requires irrigation, water rights sufficient to support the use must be retained with the land.

   B.   Wildlife habitat or wildlife corridors as identified by the Idaho Department of Fish and Game or Coeur d'Alene Tribe. These areas might include stream corridors, draws, wetlands, grassland, stands of mature timber, areas with snags, wintering areas, nesting and roosting sites, waterfront areas and travel corridors between habitat blocks and sources of food and water. Any fencing in these areas must allow for the safe movement of wildlife.

   C.   Areas with native vegetation, including native grassland, or unique vegetative communities as identified by the Idaho Conservation Data Center.

   D.   Recreational areas, including trails and wildlife viewing areas, except such areas as may be incompatible with residential uses.

   E.   Historic or culturally significant areas.

   F.   Natural landmarks and scenic areas.

   G.   Parks, playgrounds, picnic areas, community supported gardens and similar uses. Up to ten percent (10%) of the green space area may be used for structures appurtenant to such uses, in conformance with applicable provisions of this title and the requirements of other agencies with jurisdiction and those which will provide services.

   H.   "Sensitive areas", as defined in section 8.9.403 of this title.

   I.   If public use of green space is proposed, up to two percent (2%) of such green space may be used for public parking.

   J.   Ridge tops and other prominent, natural features.

   K.   Stream and wetland protection buffers, and land adjacent to these areas.

   L.   Land preserved to protect drinking water supplies.

   M.   Sites for shared water, wastewater or stormwater systems.

   N.   Other land with natural, cultural or historic value. (Ord. 493, 6-9-2016)

   A.   Green space lots where public access will be allowed, whether to residents of the subdivision only or to the public in general, may include one or more trails into, through, around or adjacent to those lots. Trails must be convenient and accessible to lots that are not adjacent to green space lots. Trails do not need to provide access to the entire site. Any proposed trails must be indicated as such on the subdivision plat, and those which do not already exist must be constructed as part of the subdivision infrastructure. All trails and associated easements must comply with the applicable requirements of article 6.7 of this chapter.

   B.   The board may require installation of a parking area in conjunction with any green space lots where access by the general public will be allowed, and may require fencing or a vegetative buffer, or both, to separate those areas from nearby residences. (Ord. 493, 6-9-2016)

Conservation subdivisions shall be designed in accordance with the following procedure:

   A.   Identify potential green space areas that comply with the requirements of this article.

   B.   Develop an existing resources report and site analysis map in accordance with the requirements set forth in sections 8.6.203 and 8.6.905 this chapter.

   C.   Determine the underlying zone, maximum allowed density, and proposed numbers of building and green space lots. Building sites should be selected and positioned to avoid slopes in excess of fifteen percent (15%) and to take advantage of views and green space. Note: Though building sites should be designed to avoid slopes, this is a recommendation, not a requirement.

   D.   Align streets and trails to be compatible with topography, to minimize road length and site disturbance, to avoid drainageways, sensitive areas, green space lands, and slopes of fifteen percent (15%) or greater, and to meet the requirements of this chapter and of the highway district with jurisdiction.

   E.   Draw lot lines. (Ord. 493, 6-9-2016)

   A.   To the extent possible, green space must be contiguous within the subdivision, and must be contiguous with that on adjacent properties, so as to eventually develop a network of interconnected open space.

   B.   Concurrent with recordation of the subdivision plat, a perpetual conservation easement meeting the requirements of section 8.6.904 of this chapter, and approved by the director and the entity accepting the easement, must be recorded on the land that is to be conserved. Conservation easements must be tailored to each specific situation and must limit future development of the property, but need not affect the landowner's ability to sell the land or to use the land within the parameters of green space uses permitted in section 8.6.604 of this article and the terms and conditions set forth in the easement, whichever are more restrictive. Conservation easements shall be dedicated or conveyed to a land trust, a governmental body, or a conservation organization that meets the requirements of subsection 55-2101(2), Idaho Code, and has expertise in managing the type of green space that is proposed. The applicant shall provide the conceptual boundaries of the conservation easement and the name of the entity that will receive and hold the future easement as part of the application for preliminary approval of a conservation subdivision. The applicant shall also provide a letter from the proposed holder of the easement as part of the application which indicates that the organization is willing to accept the conservation easement. Kootenai County shall not be named as a holder of a conservation easement. If the green space is located over the Rathdrum Aquifer, Panhandle health district must be given an opportunity to approve and be a signatory to the easement, and must be granted third party right of enforcement.

   C.   Prior to application for final subdivision approval, any required payments must be made to the stewardship fund of the organization that will hold the conservation easement. The purpose of this payment is to cover the yearly costs for site inspections and any necessary enforcement by the easement holder.

   D.   Green space lands must be actively managed by the landowner, in conformance with applicable BMPs and approved land management plans.

   E.   If the green space is to be owned by a homeowners' association, documents establishing the association must be approved by the director, must meet the requirements of section 8.6.902 of this chapter, and must be recorded concurrently with the plat.

   F.   Conservation subdivisions shall be subject to all other provisions of this chapter. If any provision of this article is inconsistent with any other provision of this chapter, the provision of this article shall take precedence.

   G.   If necessary to bring the site into conformance with applicable BMPs, a land management plan must be developed and approved by the agency with jurisdiction. (Ord. 493, 6-9-2016)

Green space may be owned and managed by one of the following, so long as all green space is under the same ownership:

   A.   One or more individuals.

   B.   A corporation (for profit or nonprofit).

   C.   An incorporated homeowners' or condominium owners' association established in conformance with section 8.6.902 of this chapter. The CC&Rs must state that the common green space cannot be encumbered, and that the association is responsible for upkeep, taxes, insurance and other ownership responsibilities.

   D.   A nonprofit conservation organization. If green space is to be held by a conservation organization, appropriate provisions must be made for transfer to another conservation organization or agency in the event that the organization becomes unwilling or unable to manage the land.

   E.   A public agency or governmental body. (Ord. 493, 6-9-2016)

The purpose of this section is to delineate the minimum on site design requirements for major subdivisions, minor subdivisions and condominium plats. While off site improvements may also be required to mitigate the effects of the development, these will be considered project by project. For purposes of this article and articles 6.8 and 6.9 of this chapter only, the term "subdivision" shall include condominiums except where condominiums are specifically referenced therein. (Ord. 493, 6-9-2016; amd. Ord. 560, 12-17-2020)

   A.   No land shall be subdivided which the board finds to be unsuitable for building sites because of potential hazards, such as flooding, inadequate drainage, severe erosion potential, site contamination, excessive slope, rockfall, landslides, subsidence (sinking or settling), high groundwater, inadequate water supply or sewage disposal capabilities, high voltage power lines, high pressure gas lines, poor air quality, vehicular traffic hazards, or any other situation that may be detrimental to the health, safety, or welfare of residents or the public, unless the hazards are eliminated or adequately mitigated.

   B.   Development of land shall occur in conjunction with services and facilities that are appropriate for the size and density of the development. Services and facilities necessary to serve the subdivision must be feasible, available and adequate, and the proposal must include such on and off site improvements as will mitigate the impacts of the development, so that the existing quality of services is not compromised and there is no substantial increase in the cost of services to existing residents. Mitigation of impacts may include on and off site improvements, or payments in lieu of such improvements, so long as they are authorized by law, are directly related to the proposed subdivision, and are roughly proportional, both in nature and extent, to the impacts of the proposed subdivision.

   C.   Subdivisions located within the airport overlay zone must be in conformance with the then current airport master plan, and the plat must include an avigation easement which has been approved by the airport director.

   D.   For lots that will not be used for habitable structures, such as open space, unmanned utility lots and dock lots, the board may waive any of the requirements for services and facilities listed in this article so long as the public, agencies, infrastructure, and future lot owners will not be negatively affected. (Ord. 493, 6-9-2016)

The following levels of service are minimum requirements. Other services and facilities may be required on a project by project basis.

   A.   For lots of less than one acre in size, the following services are required:

      1.   A sewage disposal system meeting the requirements of Panhandle health district or DEQ, as appropriate.

      2.   A shared water system, approved by PHD or DEQ, as appropriate, that can provide adequate domestic fire flows or water storage, if required by the fire district. The director may waive the shared water system requirement, if the topography warrants a modification to the requirement.

      3.   Electrical service to each lot.

      4.   Fire protection from a fire protection district.

      5.   Road access to each new lot meeting the standards of section 8.6.707 of this article.

      6.   For subdivisions with thirty (30) or more lots, garbage collection service must be established after fifteen (15) homes have been constructed.

   B.   For lots between 1.00 and 4.99 acres, the following services are required:

      1.   A sewage disposal system meeting the requirements of Panhandle health district or DEQ, as appropriate.

      2.   Reasonable assurance of an adequate and reliable water source for each lot.

      3.   Electrical service to each lot.

      4.   Fire protection from a fire protection district.

      5.   Road access to each new lot meeting the standards of section 8.6.707 of this article.

      6.   For subdivisions with thirty (30) or more lots, garbage collection service must be established after fifteen (15) homes have been constructed.

   C.   For lots of 5.00 acres or more, the following services are required:

      1.   A sewage disposal system meeting the requirements of Panhandle health district or DEQ, as appropriate.

      2.   Reasonable assurance of an adequate and reliable water source.

      3.   Fire protection from a fire protection district.

      4.   Road access to each new lot meeting the standards of section 8.6.707 of this article.

      5.   For subdivisions with thirty (30) or more lots, garbage collection service must be established after fifteen (15) homes have been constructed.

   D.   The following services are required for subdivisions in the commercial, light industrial and industrial zones:

      1.   Adequate infrastructure for the proposed use, including treatment of nondomestic wastewater in a wastewater treatment plant approved by DEQ. No subsurface discharge of nondomestic wastewater is permitted.

      2.   A water system that meets the state requirements for a public water system and can provide fire flows as required by the fire protection district with jurisdiction.

      3.   Electrical service to each lot.

      4.   Fire protection from a fire protection district.

      5.   Publicly maintained road access to each lot, as approved by the highway district with jurisdiction.

      6.   Garbage collection service. (Ord. 493, 6-9-2016)

   A.   Domestic Water Systems:

      1.   Annexation, connection, or both may be required upon issuance of a "will serve" letter for a subdivision by a water district established pursuant to title 42, chapter 32, Idaho Code, an irrigation district established pursuant to title 43, Idaho Code, or a public utility regulated under title 61, Idaho Code. If water service is to be provided through a shared water system serving ten (10) or more lots and such service will not be provided by a water district, irrigation district, or public utility, the applicant must form a water association, corporation, limited liability company, or other lawful business entity, which may be either for profit or nonprofit, to own, operate and maintain the system. Water districts and utility corporations must be established in conformance with applicable law, and cooperative corporations such as homeowners' associations must also comply with the requirements of section 8.6.710 of this article and section 8.6.902 of this chapter.

      2.   The new components of a water system and any necessary improvements to an existing system must be designed and constructed in conformance with the requirements of DEQ, the "Idaho Standards For Public Works Construction" promulgated by the Idaho division of public works, the fire protection district with jurisdiction, and if applicable, the water district, utility or corporation which will be providing service. Distribution lines shall be installed to each lot.

   B.   Fire Protection Systems:

      1.   Subdivisions shall comply with the applicable requirements of the fire protection district with jurisdiction, including those pertaining to roads, driveways, fire flows, hydrants, water storage and defensible space. In addition, each lot shall have a building site capable of being accessed by a driveway which complies with the minimum standards of section 8.4.201 of this title, or alternatively, with the standards of the fire protection district with jurisdiction.

      2.   Subdivisions shall also minimize the hazards associated with wildfire, and major subdivisions in timbered areas shall provide a fire mitigation plan developed by a professional forester that complies with the requirements of section 8.6.901 of this chapter and is approved by the director and the fire protection district with jurisdiction, or the Idaho department of lands, as appropriate. The fire mitigation plan must be implemented as part of the required improvements for the subdivision.

   C.   Sewage Disposal Systems: If a public sewage system is available and provides a "will serve" letter, connection shall be required. If a private, shared sewage system is available and provides a "will serve" letter, connection may be required, providing the cost of service is commensurate with that charged to existing customers. If connection to a shared system is required, collection lines shall be installed to each lot. All sewage disposal systems shall meet the standards of the Panhandle health district and/or DEQ. If required, shared sewage systems shall be installed and approved, or the necessary improvements secured by a financial guarantee, prior to final approval of the subdivision. Individual septic systems may be installed after final subdivision approval, in conjunction with building permits.

   D.   Underground Utility Placement: Underground installation of utilities shall be required unless utility providers determine that site conditions would preclude or would render such installation impractical or cost prohibitive, taking into consideration such factors as terrain, available easements, safety, maintenance, repair, replacement and the like.

   E.   Stormwater Management: Lots shall be laid out to provide drainage away from building sites. Stormwater management and erosion control shall comply with the requirements of chapter 7, article 7.1 of this title, in accordance with best management practices approved by the county. Infiltration of stormwater in small quantities is preferred. The collection and concentration of stormwater in detention and retention basins, wet ponds, constructed wetlands or similar facilities is discouraged and shall only be allowed when there is no feasible alternative. The installation of curbing is also discouraged because it concentrates runoff. Discharge of untreated stormwater into streams, lakes, natural wetlands or groundwater is prohibited.

   F.   Under Road Utilities: Whenever a utility is proposed to be installed under a road, the utility's location and construction shall meet the requirements of the public highway agency with jurisdiction for public roads, or the road owner for private roads. In all instances, placement of utilities shall be coordinated with proposed road improvements and shall be installed before the road is completed. (Ord. 493, 6-9-2016)

   A.   Utility Easements: A general utility easement of at least ten feet (10') in width shall be provided to each lot. Any shared components of sewage, water, stormwater or other infrastructure systems shall either be within the general utility easement, or within an easement dedicated or conveyed to the entity responsible for maintenance. Easements must also be provided for individual sewage lines and drainfields that will not be located on the same parcel as residences.

   B.   Roads: Rights of way for public roads shall meet the requirements of the public highway agency with jurisdiction. Private road easements shall be at least sixty feet (60') in width. Common driveway easements shall be at least forty feet (40') in width. Cut and fill slopes and stormwater systems adjacent to roads and driveways must either be shown as easements or rights of way in favor of the maintenance entity. When future access may be needed to adjacent parcels of land, road easements and rights of way shall extend to the property line of the subdivision. Except for private roads and common driveways approved by the board, roads and associated rights of way shall be dedicated to the public highway agency with jurisdiction. Private roads and common driveways shall be dedicated to the maintenance entity.

   C.   Trails And Sidewalks: Public trail easements or rights of way may be required, depending on the location of the subdivision and the need for pedestrian trails or sidewalks. If required, they shall be dedicated or conveyed to Kootenai County or to the maintenance entity. The width of trail easements and rights of way shall be adequate for the intended use, and shall meet the requirements of the county and the maintenance entity. When future access may be needed to adjacent parcels of land, trail easements and rights of way shall extend to the property line of the subdivision.

   D.   Public Access, Parks And Facilities: Public access easements or the conveyance of land for public access, parks or facilities may be required for subdivisions that are contiguous to: 1) public lands, 2) streams, lakes, ponds, wetlands or similar areas, or 3) for areas designated in a county facilities acquisition plan. If so required, the property owner shall be paid fair market value for the easement or land.

   E.   Other Requirements:

      1.   All required easements and rights of way shall be depicted on the face of the plat.

      2.   The board or director may also require that stream and wetland protection buffers be shown as easements or rights of way. (Ord. 493, 6-9-2016)

   A.   Compatibility: Subdivisions shall be designed to be compatible with existing homes, businesses and neighborhoods, and with the natural characteristics of the area. Subdivisions shall minimize grading, road construction and disturbance of the terrain, vegetation, soils, and drainageways, and shall prevent soil erosion. To achieve this, the board may require building envelopes, no disturbance zones, height restrictions and planting or retention of vegetation.

   B.   Lot Design: Subdivisions must result in lots of reasonable utility and livability. Subdivision designs shall not contain irregular configurations that result in unusable land or that may cause future land use conflicts. All building lots must have at least one building site that can meet required setbacks and be accessed with a driveway which complies with the standards set forth in section 8.4.201 of this title, or alternatively, those of the fire protection district with jurisdiction.

   C.   Lot Access: All new lots shall have frontage and direct access onto a road or common driveway meeting the standards of section 8.6.707 of this article. A previously existing lot with an existing residence shall not be considered a new lot. For irregularly shaped subdivisions, or sites with severe physical constraints, the board may allow access to individual lots via an easement. Driveway approaches to public roads must be approved by the public highway agency with jurisdiction. No new accesses to individual lots are permitted from state highways or arterial roads as shown on the public highway agency's then current functional classification map. In some cases the public highway agency may require relocation, reconfiguration, consolidation or elimination of existing approaches.

   D.   Continuity: No single lot shall be divided by a right of way, road, municipal or county boundary line, or by another parcel of land. To the greatest extent possible, no single lot should be divided by a common driveway. (Ord. 493, 6-9-2016)

   A.   Public And Private Roads:

      1.   Roads Within Subdivisions:

         a.   Roads in major subdivisions shall comply with the "Highway Standards For The Associated Highway Districts Of Kootenai County, Idaho" ("the standards"). Such roads may be dedicated as public roads to the highway district with jurisdiction. Otherwise, the director shall verify that all private roads comply with the standards, and those roads shall be dedicated to the maintenance entity.

         b.   Roads in minor subdivisions or condominiums must meet, or must be brought into compliance with the standards set forth in the then-current International Fire Code as adopted pursuant to Title 7, Chapter 1 of this code.

         c.   When future access may be needed to adjacent parcels of land, roads within a major subdivision, minor subdivision, or condominium shall extend to the property line of the subdivision or condominium unless topography or other factors make continuation of the road impossible or impracticable.

      2.   Roads Connecting Subdivisions To Public Roads:

         a.   If a new road is to be constructed between a major subdivision and the nearest existing public road, the road shall comply with the standards. If an existing private road will connect a major subdivision to the nearest existing public road, the road must be brought into compliance with the standards. The road may be dedicated as a public road to the highway district with jurisdiction. Otherwise, the director shall verify that the road complies with the standards, and the road shall be dedicated to the maintenance entity.

         b.   If a new road or an existing private road will connect a minor subdivision or condominium to the nearest existing public road, the road must meet, or must be brought into compliance with, the standards set forth in the then current international fire code as adopted pursuant to title 7, chapter 1 of this code.

      3.   Verification Of Compliance With Highway District Standards:

         a.   If the director finds that the road complies with the standards and that it complies with the requirements of this section, the director shall approve the road and shall give final approval to any associated permits.

         b.   The director may seek a recommendation from the highway district in which the road is located as to whether a newly constructed private road complies with the standards.

      c.   If the director, upon recommendation of the highway district, determines that a road should be approved with a variance, exception or deviation from the standards, the road will be deemed to comply with the standards for purposes of this chapter and section 8.4.201 of this title.

      4.   Private Roads: Subdivision and condominium plats which depict private roads shall include a notation stating that the private roads depicted on the plat will not be maintained by any highway district, and that there are no guarantees, warranties or promises that the highway district with jurisdiction will ever assume maintenance of such roads.

   B.   Common Driveways:

      1.   The board, or the director in the case of a minor subdivision or condominium, may approve a privately maintained common driveway as the means of access to new lots upon the following findings:

         a.   The common driveway will provide legal and physical access to four (4) or fewer parcels;

         b.   A road through the land proposed for subdivision is not appropriate or necessary to provide access to private lands lying adjacent to or beyond the subdivision;

         c.   Access through the land is not now necessary, nor will it be necessary in the future, to provide continuity of public roads with functional grades and design; and

         d.   The lots being created will not be further subdivided, and no additional access to the driveway will be allowed, until it is constructed in accordance with this chapter and with the standards or any variance, exception or deviation from the standards which has been approved by the highway district with jurisdiction. The board may require a restriction on the plat, or the recordation of a public covenant in favor of the county and the highway district, to ensure compliance with this requirement.

      2.   Common driveways are a required infrastructure improvement, and shall be constructed prior to final approval of a major subdivision, or recordation of a minor subdivision or condominium plat, unless a financial guarantee which complies with the requirements set forth in section 8.6.711 of this article and section 8.6.903 of this chapter is provided, in which case they shall be constructed prior to issuance of noninfrastructure building permits. Common driveways shall be constructed in accordance with section 8.4.201 of this title.

   C.   Connectivity: Roads, trails and sidewalks in subdivisions shall be designed to complement and enhance existing transportation systems so as to create an integrated network that allows for the safe and efficient movement of people within the subdivision, to adjacent subdivisions, and to nearby commercial areas, schools, places of worship, and other community facilities. Roads shall be designed with as many connections as possible, and with relatively direct routes in and out of the subdivision, without running traffic through previously established neighborhoods. Cul-de-sacs are discouraged, but may be approved where natural or built features preclude connection to existing or future roads. A newly developed dead end road shall not serve more than twenty five (25) parcels. Where feasible, subdivisions shall have at least two (2) means of emergency access which comply with the standards set forth in section 8.4.201 of this title, or alternatively, those of the fire protection district with jurisdiction. When future access may be needed to adjacent parcels of land, road and trail rights of way shall extend to the property lines of the subdivision. Roads and trails shall be designed to minimize conflict between vehicles and pedestrians.

   D.   Stream And Wetland Protection Buffers: Roads shall not be constructed within stream and wetland protection buffers, except for crossings which comply with the standards set forth in section 8.6.708 of this article.

   E.   Road Names, Signing, And Addressing: All road names, identification signs, and addressing shall comply with the provisions of chapter 4, article 4.10 of this title, and the applicable requirements of the highway district with jurisdiction.

   F.   Pedestrian And Bicycle Access:

      1.   Off road trails, lanes or walkways may be required:

         a.   If shown on a bicycle facilities plan adopted by the public highway agency with jurisdiction;

         b.   Along through streets in subdivisions within one and one-half (11/2) miles of a school, park, bicycle trail, recreational area, or community facility; or

         c.   When necessary to ensure the safety of pedestrians and bicyclists.

      2.   The trail shall be designed to serve the intended use, and except for bicycle lanes, shall be separated from the road by a vegetation strip at least five feet (5") wide. If there is no direct route through a subdivision, or if cul-de-sacs are proposed, one or more trails may be required to provide short, direct routes for pedestrians. For safety, trails should be located in close proximity to and visible from homes and streets. If a trail or walkway is required, an easement or right of way must be dedicated or conveyed in conformance with section 8.6.705 of this article. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019; Ord. 618, 10-1-2025)

   A.   Flood Zones: If any portion of the subdivision, or any infrastructure which will serve the subdivision, is located within a special flood hazard area, the plat and development plans shall comply with the standards set forth in chapter 7, article 7.2 of this title.

   B.   Subdivisions In Viewsheds: Mountain and water views and vistas are an important part of the character of Kootenai County, contributing to the visual quality of the area, increasing property values, attracting visitors, and enhancing the desirability and livability of the community. As such, it is in the public interest that land be developed in a manner that is visually unobtrusive, environmentally responsible, and is compatible with the character of the area.

      1.   Subdivisions with lots of less than five (5) acres and natural slopes of thirty five percent (35%) or greater must be designed to fit the houses, structures and roads into and around the hillside in a manner that minimizes disturbance of the terrain, vegetation and drainageways, that will not result in soil erosion, and that is compatible with the natural characteristics of the area.

      2.   If the vertical height of any cut or fill slope, or any combination thereof, will exceed thirty feet (30'), effective measures must be taken to mitigate the visibility of the slope.

   C.   Stream And Wetland Protection Buffers: When a subdivision abuts a stream or wetland, a stream or wetland protection buffer must be reserved and shown on supplemental pages to the plat. The purpose of this area is to protect downstream property owners and water resources from increased or decreased flows, to prevent sedimentation, to promote good water quality, and to protect fish and wildlife habitat. Stream and wetland protection buffers shall comply with the following requirements:

      1.   Depiction Of Buffers:

         a.   The width of stream and wetland protection buffers shall be as set forth in table 6-701 of this section.

      TABLE 6-701

      STREAM AND WETLAND PROTECTION BUFFER WIDTHS

 

 

         b.   The area shall be labeled "Stream (Or Wetland, As Applicable) Protection Buffer", and within this area native vegetation and large organic debris shall be protected or replanted to leave the area in the most natural condition possible.

      2.   Road And Utility Crossings:

         a.   Proposed road and utility crossings through a stream or wetland protection buffer must be shown on the plat, must be kept to a minimum, and must take the shortest possible route across the area.

         b.   Roads and utilities shall not be constructed within stream and wetland protection buffers except at approved crossings.

      3.   Maintenance: Any necessary maintenance shall comply with the standards set forth in chapter 7, article 7.1 of this title, and with applicable best management practices.

      4.   Fences, Walkways, Stairway Landings, And Trams: Fences, walkways which do not exceed four feet (4') in width, stairway landings which do not exceed six feet (6') in length or width, and trams may be constructed in such protection buffers, providing there is minimal disturbance of the ground and vegetation.

      5.   Easements: The board may require that this area be shown as an easement or a conservation easement.

   D.   Shoreline Management Areas: When a subdivision abuts a shoreline, the shoreline management area must be reserved and shown on the plan. Activities within the shoreline management area shall be limited to those set forth in chapter 7, article 7.1 of this title, and shall also be in conformance with applicable best management practices. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

   A.   Installation Of Improvements:

      1.   Before application for final approval of any plat, required improvements shall be either:

         a.   Installed and approved by the design professional who developed the plans and the agencies with jurisdiction or providing services; or

         b.   Secured by a financial guarantee and subdivision completion agreement which complies with the standards set forth in section 8.6.711 of this article and section 8.6.903 of this chapter, and has been approved by the director.

      2.   If a portion of the work has been completed and approved by the design professional and agencies with jurisdiction or providing services, only the remaining work will need to be covered by the financial guarantee.

   B.   Plan Approval And Site Disturbance Permit:

      1.   Approvals Required: No site disturbance, terrain modification, construction or clearing shall take place until preliminary subdivision approval has been granted, construction plans have been approved by all agencies with jurisdiction and those providing services, and a site disturbance permit has been issued by the department.

      2.   Construction Plan Signature: All construction plans shall be stamped and/or signed by an Idaho licensed professional engineer or other appropriate design professional.

      3.   Dust Control Required: Dust control is required on all construction sites, and a dust control plan must be submitted for review and approval by the director prior to the start of any site work. (Ord. 493, 6-9-2016)

   A.   Operation And Maintenance Required: All subdivision improvements, common areas and green space shall be operated and maintained by the owner, in accordance with applicable best management practices and approved plans. An organization that will operate and maintain shared land and improvements must be, or have been, established prior to or concurrent with final approval and recordation of the plat. Organizational options include taxing districts (such as water or sewer districts), for profit corporations, limited liability companies or other lawfully created business entities, nonprofit corporations, limited liability companies or other lawfully created business entities, or cooperative corporations such as a homeowners' association. If private maintenance by a cooperative corporation is proposed, the documents establishing the organization must meet the minimum requirements outlined in section 8.6.902 of this chapter, must be approved by the director, and must be recorded concurrently with the plat. In addition, if land or improvements are going to be owned and managed by a cooperative corporation, and the corporation ceases to exist, or fails to fulfill its obligations, the individual lot owners shall be responsible for operation and maintenance of the land and improvements.

   B.   County Authority To Maintain Private Systems: If a private maintenance organization fails to maintain commonly owned land, shared infrastructure or improvements in accordance with applicable BMPs and approved maintenance plans, the department may perform, or contract for the performance of, the necessary maintenance, and the director may bill individual property owners for the associated costs. Any unpaid assessments may result in termination of the service. Before any action may be taken, the department shall notify the maintenance organization and the property owners within the subdivision of the deficiencies and the intended action via certified mail. Any notices sent via certified mail which are returned to the department shall be re- sent via first class mail. The department shall give the property owners and maintenance organization at least forty five (45) days to correct the deficiencies before taking action. A property owner or affected person may appeal the proposed action in accordance with chapter 8, article 8.5 of this title. Nothing in this section shall obligate the county to provide maintenance of private systems. (Ord. 493, 6-9-2016)

   A.   Financial Guarantee In Lieu Of Improvements: Financial guarantees may be provided in lieu of improvements upon review and approval by the director and all affected agencies prior to application for final approval of a subdivision. If an agency is unwilling or unable to approve a financial guarantee, the director may assume this authority. The amount of the guarantee shall be one hundred fifty percent (150%) of the estimated cost of construction and the expiration date of the guarantee shall be at least sixty (60) days after the expected agency approval date for the improvements. Cost estimates shall be developed by the design professional who developed the construction plans. If it is anticipated that improvements will be completed over a period of time, separate financial guarantees should be provided (e.g., 1 for roads, another for the water system, etc.). Partial releases are not permitted.

   B.   Warranty: A separate financial guarantee is required as a warranty to ensure correction of any deficiencies identified within twelve (12) months of final agency approval of improvements. The amount of this warranty shall be ten percent (10%) of the total cost of construction. If improvements are completed and approved by applicable agencies and design professionals prior to application for final subdivision approval, the warranty shall be provided with the application. If improvements are to be completed after final approval, the warranty shall be provided prior to release of the financial guarantee for construction. If the applicant fails to provide this warranty, the director may withdraw a portion of the construction guarantee to meet this requirement, or may take other enforcement action as authorized by law.

   C.   Subdivision Completion And Warranty Agreements: A subdivision completion and warranty agreement which complies with the requirements of section 8.6.903 of this chapter shall accompany each financial guarantee, and must be approved by the director. These agreements shall be contractually binding on the department and the property owner, and, if a party to the agreement, the contractor. Financial guarantees shall provide for installation and agency approval of improvements within two (2) years from the date of final subdivision approval. Upon written request by the property owner, the director may grant one extension of up to one year for good cause shown.

   D.   Financial Guarantee For Property Corners And Street Monumentation: Interior monuments for a subdivision need not be set prior to the recording of the subdivision plat if the following conditions are met:

      1.   The land surveyor performing the survey work in connection with the plat certifies that the interior monuments will be set within one year of the recordation of the plat; and

      2.   The applicant furnishes to the county a bond or cash deposit guaranteeing the payment of one hundred percent (100%) of the estimated cost of setting the interior monuments for the subdivision as provided in sections 50-1332 and 50-1333, Idaho Code.

   E.   Types Of Financial Guarantees:

      1.   The county will accept the following types of financial guarantees:

         a.   An irrevocable letter of credit issued by a financial institution chartered by the federal government or a state government.

         b.   Cash deposit (cash, cashier's check, bank draft, or money order).

         c.   Certificate of deposit or other similar bank account which provides that the board and the director have exclusive access to the account.

      2.   In addition, the director may accept surety bonds for required warranties, and for a portion of financial guarantees for incomplete improvements, except those related to stormwater and erosion control. A surety bond will not be accepted for stormwater or erosion control work. If accepted for other incomplete improvements, at least seven thousand five hundred dollars ($7,500.00) of the required financial guarantee must be provided in the form of a letter of credit, cash or a bank account.

   F.   Failure To Complete Improvements Or Correct Deficiencies: Any failure to complete improvements or correct deficiencies in accordance with a subdivision completion or warranty agreement and approved plans shall constitute good and sufficient cause for the director to take enforcement action in accordance with chapter 8, article 8.6 of this title or as otherwise authorized by law, and/or to draw on the funds and contract for completion of the work. In addition to direct costs to complete the work, the director may also withdraw funds to cover the department's administrative costs associated with such actions. Before any action may be taken, the department shall give the property owner written notice via certified mail. Any notice sent via certified mail which is returned to the department shall be re-sent via first class mail. The property owner shall permit the contractor and department staff to access the property to complete the necessary improvements. If the director or board is unable to gain access to the funds, or if costs exceed the value of the financial guarantee, the property owner will be billed for the outstanding balance.

   G.   Release Of Financial Guarantee: No financial guarantee shall be released until the associated improvements have been approved in writing by the agencies with jurisdiction or providing services, the developer's design professional and the director. No partial releases are permitted. (Ord. 493, 6-9-2016)

Applications for vacation of existing plats, private roads, rights of way, easements, or other conveyances shall be submitted to, and processed by, the department in accordance with title 50, chapter 13, Idaho Code. The procedure for notice and hearing of such applications shall be in accordance with section 50-1306A, Idaho Code, and chapter 8, article 8.4 of this title. Vacations of public roads and rights of way shall be administered by the public highway agency with jurisdiction. (Ord. 493, 6-9-2016)

   A.   Non-infrastructure building permits may be issued upon recordation of a final plat. However, except as provided in subsection B of this section, no certificates of occupancy will be issued until all infrastructure improvements are complete and approved by all agencies with jurisdiction and providing services.

   B.   A certificate of occupancy may be issued for one (1) residential structure on one (1) lot so long as the infrastructure serving the home has been completed and all necessary approvals have been obtained. (Ord. 493, 6-9-2016; amd. Ord. 560, 12-17-2020)

At any time prior to expiration of preliminary subdivision approval, a modification of a condition of approval may be requested according to the following procedure:

   A.   Application Requirements: The following items constitute a complete application:

      1.   A completed application form signed by the property owner, or a notarized letter from the property owner authorizing the applicant to file the application.

      2.   Fees, as adopted by resolution of the board.

      3.   A narrative explaining why the requested condition modification is necessary.

      4.   The director may require additional information to determine compliance with applicable provisions of this title, or the requirements of agencies with jurisdiction or those providing services.

   B.   Approval Procedure:

      1.   For major subdivisions, the approval procedure and required findings shall be the same as those for preliminary approval of the subdivision, as set forth in section 8.6.204 of this chapter.

      2.   For minor subdivisions, the approval procedure and required findings shall be the same as the original approval procedure, as set forth in section 8.6.303 of this chapter.

      3.   For condominiums, the approval procedure and required findings shall be the same as the original approval procedure, as set forth in section 8.6.503 of this chapter. (Ord. 493, 6-9-2016)

   A.   Penalty: In accordance with section 50-1316, Idaho Code, any person who shall dispose of or offer for sale any lots prior to recordation of a plat, as provided in sections 50-1301 through 50-1325, Idaho Code, shall pay one hundred dollars ($100.00) for each lot and part of a lot sold or disposed of or offered for sale.

   B.   Notice Of Penalty And Appeal:

      1.   A person upon whom a penalty is imposed shall receive written notice of intent to assess the penalty provided in this section, including the factual basis supporting the imposition of the penalty. Before any action may be taken, the department shall give the property owner written notice via certified mail. Any notice sent via certified mail which is returned to the department shall be re-sent via first class mail.

      2.   The penalty may be appealed to the board in accordance with the provisions of chapter 8, article 8.5 of this title.

      3.   If the board finds that a violation of this section occurred, or if the alleged violator fails to appear at the appeal hearing or fails to request a hearing, the violation shall be deemed to have been conclusively established, and the appropriate penalty shall be applied.

      4.   In addition, if the board finds that a portion of property that is the subject of a subdivision application was divided prior to recordation of the plat, the underlying application shall be declared null and void in accordance with subsection 8.6.805A of this article.

   C.   Enforcement: Enforcement of the penalty provided in this section shall not preclude the director or board from taking additional enforcement action as set forth in chapter 8, article 8.6 of this title or as otherwise authorized by law. (Ord. 493, 6-9-2016)

   A.   If a portion of the property that is the subject of a subdivision application is divided prior to recordation of the plat, the application shall become null and void, and the owner will be required to submit a new application to the department. If the property is not divided, but is sold in its entirety, a new application shall not be required, and the new owner may proceed through the applicable subdivision approval process with the existing application.

   B.   If any unit or interest in the property that is the subject of a proposed condominium plat is sold prior to recordation of the plat, the application shall become null and void, and a new application must be filed by the owner. If the property is sold in its entirety, a new application will not be required, and the new owner may proceed through the condominium plat approval process under the existing application. (Ord. 493, 6-9-2016)

Any plats previously approved without recordation deadlines, and which have not been recorded as of the effective date of this title, are hereby declared to be null and void. (Ord. 493, 6-9-2016)

As provided for in sections 67-6518 and 67-6527, Idaho Code, it shall be unlawful for any person, firm or corporation, or their agent, to knowingly and wilfully cause a subdivision or condominium plat to be recorded, or to knowingly and wilfully participate in constructing a road, installing utilities or otherwise developing a subdivision, except in conformance with this chapter. Any subdivision or condominium plat which is recorded in violation of the provisions of this chapter, or of title 50, chapter 13, Idaho Code, shall be deemed void ab initio. In addition to actions and penalties provided in title 50, chapter 13, Idaho Code, any person, firm, or corporation, or their agent, who knowingly and wilfully commits, participates in, assists in or maintains any violation of this chapter may be subject to civil and criminal enforcement actions in accordance with the provisions of chapter 8, article 8.6 of this title. (Ord. 493, 6-9-2016)

Upon request, and payment of applicable fees, the Department shall issue a certificate of lawful division to the owner of any parcel which the Department confirms has been lawfully divided in accordance with the provisions of this title or any predecessor thereto. (Ord. 546, 10-17-2019)

The standards set forth in this section are the minimum standards for wildfire mitigation plans whenever such plans are required to be submitted to the department. Although not intended to be a comprehensive list, as each plan will be different and will need to be tailored to the needs of the particular subdivision to which it will apply, the following items, at a minimum, shall be included in all wildfire mitigation plans:

   A.   Site Plan: A site plan must be submitted which shows the following:

      1.   The location of draws, ridges, steep slopes and other potentially hazardous physical features. Slopes shall be depicted according to the following categories:

0% and <15%

15% and <35%

35%

      2.   Aspect (i.e., north, south, east, west facing).

      3.   The location of existing structures, and the approximate location of proposed structures.

      4.   The location of any railroad lines.

      5.   Existing or proposed roads that could be used for emergency ingress and egress, with the slope and width of the roads noted. Two (2) means of access to the subdivision should be provided. Emergency access roads must comply with the standards for access driveways set forth in section 8.4.201 of this title, or alternatively, those of the fire protection district with jurisdiction. Turnarounds at the end of driveways must be at least fifty feet (50') from structures, and one pullout should be provided for every four hundred feet (400') of driveway length. Turnarounds must be located away from structures so they are accessible if the structures are on fire.

      6.   A fuel hazard rating map, broken out into the following categories:

         a.   Low hazard: Areas in which fuels consist of grass, weeds, and shrubs.

         b.   Medium hazard: Areas in which fuels consist of brush, large shrubs and small trees.

         c.   High hazard: Areas containing heavy accumulation of large fuels (timber, large brush).

      7.   The location of existing and proposed firebreaks.

      8.   The location of existing and proposed overhead power lines, propane tanks or other features that might cause or accelerate a wildfire.

      9.   The location of hydrants and emergency sources of water.

   B.   Report: A written report must be submitted which provides the following information:

      1.   An explanation of any features of the site that might help firefighting efforts, such as nearby water systems or fire stations.

      2.   An outline of how perimeter and internal fuel breaks will be designed, constructed and maintained.

      3.   Short and long term plans for eliminating dangerous vegetative and fuel conditions in and around proposed building sites. Canopy cover in these areas should be less than fifty percent (50%), lower branches should be pruned, the ground should be relatively free of debris, and ladder fuels and dead and dying trees must be removed. Snags that do not present a fire hazard should, however, be left standing to provide habitat for birds and wildlife.

      4.   Verification that power lines have been installed underground, or will be installed underground if required pursuant to the provisions of this code. If lines have not been or will not be installed underground, the report must include an explanation of why they cannot be installed underground, and it must include plans for routine trimming of overhanging tree limbs, and for removal of ground debris below the lines.

      5.   Confirmation that there will be safe and adequate emergency access for residents and emergency personnel entering and exiting individual lots and the general area.

      6.   Identification of sufficient and accessible emergency water supplies for firefighting purposes. Water sources cannot be located within fifty feet (50') of a structure, must be surrounded with defensible space, and should be clearly identified with signs approved by the fire district, IDL or Kootenai County.

      7.   A description of any modifications or appurtenances needed to allow use of water sources (e.g., pumps or hydrants). If pumps are served by aboveground power lines, plans for emergency power generation may be required. (Ord. 493, 6-9-2016)

   A.   General: Cooperative entities, such as homeowners' associations, condominium owners' associations, or road maintenance associations, may need to be established when commonly owned land, shared infrastructure, or improvements are privately maintained. The following are the minimum standards for the documents which establish these entities whenever such documents are required to be submitted to the department and recorded. This is not intended to be a comprehensive list of all the necessary elements of these documents, as each entity established through these documents will be different and will need to be tailored to the needs of the particular development to which it will apply.

   B.   Required Governing Documents: A cooperative entity must be created with the following governing documents, and must be recorded concurrently with the plat:

      1.   Articles of incorporation, organization, or equivalent, filed with the Idaho secretary of state, which establish the organization as a corporation, limited liability company or other lawful business entity. Articles of incorporation, organization, or equivalent must comply with the requirements of title 30, Idaho Code, which apply to the entity created, and must include the following:

         a.   The purpose and responsibilities of the entity;

         b.   Provisions for the membership of lot owners in the entity;

         c.   Authorization to levy assessments upon members, enforceable by civil action or lien upon real property to which membership rights are appurtenant;

         d.   A statement that the entity shall have perpetual duration and succession, and shall have the same powers as an individual to do all things necessary or convenient to carry out its affairs; and

         e.   If specific provisions are included for managing the affairs of the entity, collecting assessments, or defining the powers, rights, limitations or obligations of the entity, its board or members, those provisions must be consistent with the required elements of the CC&Rs and bylaws.

      2.   Covenants, conditions, and restrictions (CC&Rs) which create the obligations regarding the use and improvement of real property that are legally binding upon the cooperative entity and all lot owners, and which must run with the land. For condominiums, a declaration of condominium which complies with the requirements of section 8.6.502 of this chapter shall be sufficient to satisfy this requirement. Otherwise, the following are the required elements of CC&Rs:

         a.   A statement that the owner of any lot in the development, by acceptance of a deed or other conveyance, is deemed to consent to membership in the entity, and to covenant and agree to the terms and requirements of the CC&Rs, which constitute a contract between the entity and each lot owner.

         b.   A statement that use of the services provided by the entity is required.

         c.   A statement that each lot owner shall pay assessments made by the entity for the operation and maintenance of commonly owned land, shared infrastructure or improvements, together with applicable interest, late charges, attorney fees, court and other collection costs. The CC&Rs must also state that assessments and other charges are the personal obligation of the owner of each lot at the time the assessment is due, and that his or her grantee shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance.

         d.   Effective methods of enforcing payment of assessments, which must include the authority to withhold service, to take civil action to recover a money judgment for unpaid assessments, and to assess, record and foreclose a lien against the real property of entity members. Other, optional methods of enforcing payment include late fees and restrictions on voting. Individual lot owners must also have the ability to enforce the CC&Rs.

         e.   A statement that commonly owned land and improvements shall be operated and maintained in conformance with applicable best management practices and approved land management plans.

         f.   A requirement that the governing board of the entity must maintain a capital replacement plan for improvements managed by the entity, and a statement that annual assessments must be adequate to cover anticipated capital expenses. Funds collected as reserves for capital expenses must be deposited in separate accounts and held in trust.

         g.   A statement that if the entity, or individual lot owners, fail to operate and maintain commonly owned land, shared infrastructure or improvements in accordance with approved plans and applicable best management practices, the county may contract for necessary operation and maintenance and bill the individual lot owners on a pro rata basis. If it is necessary for the county to assume this responsibility, the county shall have the same authority as the governing board of the entity, including the right to suspend service for nonpayment of assessments.

         h.   Enforcement procedures, including recourse for improper use of common property.

         i.   Notification procedures.

         j.   Procedures for amending the CC&Rs and a requirement that amendments be recorded.

         k.   A statement that the entity shall not divest itself of responsibility for operating and maintaining common land or shared improvements except to the individual lot owners or a public agency or organization that agrees to assume the responsibilities. At a minimum, the individual lot owners must have a means of taking over the responsibilities and authorities of the governing board of the entity if it fails to carry out its obligations, and if that occurs each lot owner must be given an equal and undivided interest in property previously owned by the entity.

         l.   The CC&Rs of a cooperative entity that has operation or maintenance responsibilities must be of perpetual duration unless the individual lot owners, a public agency or other organization agrees to assume those duties.

         m.   A statement that until management of the entity is transferred from the developer to the governing board of the entity, the developer shall fulfill all of the duties and responsibilities of the entity, and shall have the authority to exercise all of the rights and powers of the entity. At the time that management of the entity is turned over to the entity's governing board, all commonly owned land and all components of shared improvements must be in good operating order and must be in compliance with applicable laws, regulations, conditions of approval, BMPs, and, if applicable, approved operation and maintenance (O&M) and land management plans. Before management of the entity is turned over to the entity's governing board, the developer shall ensure that the entity is fully funded and operational, and shall provide the entity with sufficient funds to meet anticipated expenses for one year.

         n.   A statement of the location of the articles of incorporation, organization, or equivalent, bylaws, CC&Rs, rules, and any amendments to any of these documents.

         o.   A severability clause.

         p.   All required approval signatures.

         q.   A legal description of land to which the CC&Rs will apply.

      3.   Bylaws which govern the internal affairs of the cooperative entity, including voting rights, elections, officers, meetings, and the amendment process. Bylaws shall comply with the requirements of title 30, Idaho Code, which apply to the entity created. The bylaws, in conjunction with the articles of incorporation, organization, or equivalent, must establish a cooperative entity that can effectively collect assessments and maintain commonly owned land, shared infrastructure and improvements. The following are required elements of the bylaws for cooperative entities:

         a.   Name, principal office and definitions.

            (1)   Name of the cooperative entity.

            (2)   Address for the office of the entity and, if different, address of the registered agent for service of process.

            (3)   Definition of terms.

         b.   Membership, meetings, quorum, voting, and proxies.

            (1)   A statement that membership in the cooperative entity is automatic and mandatory when property is purchased within the development. The bylaws must include a statement that the owner of any lot within the development, by acceptance of a deed or other conveyance, is deemed to consent to membership in the entity, to use the services furnished by the entity, and to abide by the terms and requirements of the entity. The bylaws should also inform members that the members of a cooperative entity, by dealing with the entity, acknowledge that the terms and provisions of the articles of incorporation and bylaws, as well as policies, rules and regulations, shall constitute and be a contract between the entity and each member, and both the entity and the members are bound by such contract, as fully as though each patron had individually signed a separate instrument containing such terms and provisions.

            (2)   A statement of the place, time, and notice requirements of all regular and special membership meetings. The entity must hold at least one membership meeting each calendar year at a time and place stated in, or fixed in accordance with the bylaws. Notice and conduct of meetings must comply with the requirements of title 30, Idaho Code, which apply to the entity created.

            (3)   A process by which the members may call for a special meeting in accordance with the requirements of title 30, Idaho Code, which apply to the entity created.

            (4)   A statement as to who is entitled to vote, how proxies are handled, what constitutes a quorum, and what majority is needed to enact resolutions, rules, amendments, and other actions.

            (5)   Provisions regarding membership meetings which, at a minimum, require the president and chief financial officer to report on the activities and financial condition of the entity, and provide members with an opportunity to consider and act upon other matters.

            (6)   Provisions for actions that can be taken without a membership meeting, if any.

         c.   Governing board.

            (1)   Composition of the governing board, including the number of directors, length of terms, and procedures for nomination, election, removal from office, and the filling of vacancies. The board must consist of at least three (3) individuals.

            (2)   For both regular and special meetings, what constitutes a quorum, and what actions can be taken by the governing board with and without a formal meeting.

            (3)   Conduct of board meetings, including when meetings are required to be open and when they may be held in executive session.

            (4)   The duties of the governing board, which must include:

               (A)   Recording and retaining minutes of regular and special meetings;

               (B)   Retaining a record of actions taken by members, committees or directors without a meeting;

               (C)   Keeping accurate records of expenses and payments;

               (D)   Maintaining the names and addresses of members and officers, along with the number of votes they are entitled to cast;

               (E)   Maintaining a capital replacement plan for improvements managed by the entity; and

               (F)   Providing lot owners with information on the entity's finances.

            (5)   The powers of the governing board, which must include:

               (A)   Authority and procedures for establishing budgets, adopting fees, billing and collecting assessments, borrowing money, making payments, and contracting for maintenance and repairs;

               (B)   The ability to adopt rules for governing common property and improvements;

               (C)   The ability to establish special committees to assist in management of the entity;

               (D)   Methods of enforcing the covenants, conditions, restrictions, or rules of the entity; and

               (E)   The authority to levy and collect assessments, including effective methods of enforcing collections, including the authority to withhold service, to take civil action to recover a money judgment for unpaid assessments, and to assess, record and foreclose a lien against the real property of its members, as authorized in section 45-810, Idaho Code.

            (6)   Specific procedures must be included for regular, special and long term capital improvement assessments. Annual assessments must be adequate to cover anticipated capital expenses, and funds collected as reserves for capital expenses must be deposited in a separate account held in trust for the purposes for which they are collected.

         d.   Officers.

            (1)   The number of officers, the length of terms, and procedures for nomination, election, removal from office, and the filling of vacancies. It is recommended that cooperative entities have, at a minimum, a president, vice president, secretary, and treasurer (or secretary/treasurer).

            (2)   Powers and duties of the officers.

         e.   Miscellaneous provisions.

            (1)   Procedures for the transfer of control of the entity from the developer to the governing board. Until management of the entity is transferred from the developer to the governing board of the entity, the developer shall fulfill all of the duties and responsibilities of the entity, and shall have the authority to exercise all of the rights and powers of the entity. At the time that management of the entity is turned over to the entity's governing board, all commonly owned land and all components of shared improvements must be in good operating order and must be in compliance with applicable laws, regulations, conditions of approval, BMPs, and, if applicable, approved O&M and land management plans. Before management of the entity is turned over to the entity's governing board, the developer shall ensure that the entity is fully funded and operational, and shall provide the entity with sufficient funds to meet anticipated expenses for one year.

            (2)   The process for amendment of the bylaws must be specified including who may initiate an amendment, what majority is needed to pass an amendment, and who may sign an approved amendment.

            (3)   A cooperative entity that has operation or maintenance responsibilities must be of perpetual duration unless the individual lot owners, a public agency or other organization agrees to assume those duties.

            (4)   Provisions regarding default of the entity, including a statement of how system maintenance will be handled if the entity fails to fulfill its responsibilities. At a minimum, the individual lot owners must have a means of taking over the responsibilities and authorities of the governing board if it fails to carry out its obligations, and each lot owner must be given an equal and undivided interest in any property previously owned by the entity.

            (5)   Provisions for the declarant to assign rights and responsibilities related to the development to another party upon transfer of ownership of the property.

            (6)   Fiscal year.

            (7)   How conflicts of interest are handled.

            (8)   Provisions regarding books and records, including a requirement that a third party financial audit must be conducted at least once every five (5) years.

            (9)   Notification procedures and requirements (to homeowners, lenders, etc.).

            (10)   An indemnification statement for officers of the entity.

            (11)   A statement of the location of the articles of incorporation, organization, or equivalent, bylaws, CC&Rs, rules, and any amendments to any of these documents.

            (12)   Signatures of all appropriate officials in accordance with law, the articles of incorporation organization, or equivalent, and the bylaws, if previously adopted.

            (13)   A severability clause.

            (14)   A legal description of land governed by the cooperative entity.

      4.   A summary of what will be owned by the cooperative entity, copies of recorded deeds, rights of way and easements allowing the cooperative entity access to property not within its ownership, and copies of easements on land that will be owned by the cooperative entity (e.g., conservation easements).

      5.   For major subdivisions, a capital replacement plan must be developed by the project engineer and must include an inventory, projected service life and estimated replacement cost for all components of all improvements that will be operated and maintained by the cooperative entity (e.g., water, sewer, and stormwater systems). This document will enable the cooperative entity to plan for periodic, major expenses associated with replacement of system components.

      6.   For major subdivisions, operation and maintenance (O&M) plans and manuals for infrastructure improvements. O&M plans must be developed by the project engineer, and must include:

         a.   A schedule of routine maintenance, performance checks and preventive practices;

         b.   Manufacturer's literature;

         c.   A contact list for system repairs; and

         d.   Operational procedures.

      7.   A budget which summarizes anticipated expenses and revenues over the first five (5) years of operation, including accrual of an emergency fund adequate to replace the largest system component, a cash operating fund adequate to operate the systems for two (2) months in case there is a revenue shortfall, and a capital replacement fund which provides adequate funding for the capital replacement plan. This budget must include costs associated with any land owned by the cooperative entity such as taxes, insurance, upkeep, etc.

      8.   If property will be owned by the cooperative entity, a land management plan must be provided. This plan must conform to applicable BMPs, and must also ensure that any land designated as green space will be owned and maintained in accordance with the applicable requirements of this chapter.

   C.   Recommended Documents: Optional, but recommended documents include separate rules and regulations governing the use of commonly owned land, shared infrastructure or improvements (e.g., a water system or recreation area). (Ord. 493, 6-9-2016)

The following are the minimum standards for subdivision completion and warranty agreements whenever such plans are required to be submitted to the department. Although not intended to be a comprehensive list, as each agreement will be different and will need to be tailored to the needs of the particular subdivision to which it will apply, the following items, at a minimum, shall be included in all subdivision completion and warranty agreements:

   A.   The effective date of the agreement.

   B.   The name, mailing address and phone number of the property owner, the owner's representative, if applicable, and the department. If a person or entity other than the property owner is providing the financial guarantee (such as a developer or contractor), that person or entity must also be included as a party to the agreement.

   C.   The subdivision name and case number.

   D.   A general description of the subdivision location, including section, township, and range, and the parcel numbers of each lot within the subdivision.

   E.   The size of the subdivision in acres.

   F.   A statement that all subdivision improvements shall comply with the standards set forth in this title, and shall conform to the approved plans on file with the department (with the file number of those plans cited).

   G.   A cost estimate for required improvements, or for warranties, the actual cost of construction of required improvements, provided by the design professionals who developed the construction plans. This document shall be attached and referenced as exhibit A to the agreement.

   H.   For financial guarantees in lieu of improvements, a statement that the applicant has established a financial guarantee to ensure completion of required improvements in the amount of one hundred fifty percent (150%) of the estimated cost, with the amount listed. Any improvements that have not been completed and approved by the applicable agencies and design professionals must be included in the cost estimate.

   I.   For warranties, a statement that the applicant has established a financial guarantee to ensure completion of required warranty repairs. Warranties shall be a separate financial guarantee required for all subdivisions and must cover ten percent (10%) of the actual cost of all required improvements.

   J.   The type of guarantee provided, with the original attached and referenced as exhibit B to the agreement (or a copy of the check provided, plus a copy of the receipt).

   K.   A completion schedule for required improvements, attached and referenced as exhibit C to the agreement.

   L.   Anticipated agency approval date for the improvements, which must be at least sixty (60) days before expiration of the financial guarantee.

   M.   For warranties on completed, approved infrastructure, the actual date of agency approval, and the deadline for completion of any warranty work. Warranties must cover a period of one year after initial agency approval of improvements, and the deadline for completion of warranty work must be at least sixty (60) days before the expiration of the financial guarantee.

   N.   A statement that this agreement is contractually binding on the parties.

   O.   A statement that upon completion of the improvements and written approval by applicable agencies, design professionals, and the director, the department shall release the guarantee.

   P.   A statement that partial releases of financial guarantees are not permitted. If improvements are to be completed in phases, the applicant should provide separate financial guarantees with separate agreements.

   Q.   A statement that if the required improvements are not completed and approved by the appropriate design professionals and applicable agencies prior to the above date, or within the time allowed by a written extension granted by the director, the director may withdraw necessary funds from the financial guarantee, hire a contractor, enter onto the property, and have the improvements completed. In addition to contracting costs, the director may also withdraw funds to cover the department's administrative costs, including attorney fees.

   R.   For warranties, a statement that any necessary repairs shall be completed in a timely manner, in accordance with deadlines established by the director or other agency with jurisdiction. If repairs are not completed and approved by applicable agencies at least sixty (60) days prior to expiration of the warranty, the director may withdraw funds adequate to pay for the repairs, along with the department's administrative costs, including attorney fees.

   S.   A statement that the department shall give written notice to the property owner and other parties to the agreement, via certified mail, before any action is taken to withdraw funds from the financial guarantee. Any funds remaining after completion of necessary improvements shall be returned to the party that provided the financial guarantee.

   T.   The process for renegotiation of the agreement.

   U.   The process by which the agreement may be transferred to the applicant's successor in interest, with the approval of the director. If transferred, the agreement must be made binding on any successors in interest.

   V.   A statement that the laws of the state of Idaho shall govern the agreement, and that jurisdiction and venue for any dispute shall be in the 1st judicial district court, Kootenai County, Idaho.

   W.   Notarized signatures of all owners of the property and other parties to the agreement.

   X.   If the financial guarantee is provided by someone other than the property owner, the notarized signature of that party shall also be required.

   Y.   Signature lines for the director and the chairman of the board, with an attestation by the clerk for the chairman's signature. (Ord. 493, 6-9-2016)

The following are the minimum standards for conservation easements whenever such plans are required to be submitted to the department. Although not intended to be a comprehensive list, as each easement will be different and will need to be tailored to the needs of the parties to the easement and the particular parcel(s) to which it will apply, the following items, at a minimum, shall be included in all conservation easements:

   A.   Identification Of Parties And Recitals:

      1.   The names of all grantors and grantees, including any governmental bodies or conservation organizations to be vested with a third party right of enforcement.

      2.   The effective date of the deed conveying the conservation easement.

      3.   A statement that the grantors are the sole owners, in fee simple, of the real property that will be covered by the easement, as legally described in an exhibit attached to the easement deed.

      4.   A description of the characteristics of the property that has been designated for protection, and the general purposes of the easement.

      5.   A reference to an attached baseline inventory that establishes the condition of the property at the time of conveyance.

      6.   The qualifications of the grantee which enable it to act as a lawful holder of the easement, or which authorize it to be vested with a third party right of enforcement. Holders of the easement and organizations with third party right of enforcement must meet the requirements of subsection 55-2101(2), Idaho Code.

      7.   A statement granting the easement, signed by all parties with an interest in the property.

      8.   A statement accepting the easement, signed by all holders of the easement and all organizations with third party right of enforcement.

      9.   A statement that the easement is being created pursuant to the uniform conservation easement act, title 55, chapter 21, Idaho Code.

   B.   Grant Provisions:

      1.   A detailed statement of purposes, which must include a statement that the land is to be preserved for one or more uses meeting the definition of green space set forth in section 8.6.604 of this chapter.

      2.   A requirement that the land be managed in conformance with applicable best management practices and approved land management plans.

      3.   A statement regarding the rights of the grantee, including the right to protect the conservation values of the land, to inspect the property to determine compliance with the terms of the easement, and the right to enforce the terms of the easement. This section must also outline notification and inspection procedures.

      4.   Procedures for enforcement of the terms of the easement, which must outline enforcement procedures, specific remedies available to the grantee to correct violations of the easement, and how enforcement costs will be handled.

      5.   Prohibited uses of the property, which must include further division of the land, any industrial or mining activities, and any uses that are inconsistent with the purposes of the easement. If a green space lot is to be included as an allowed residential lot, it may have residential structures in conformance with the applicable provisions of this code and the requirements of other agencies.

      6.   Permitted uses of the property, which may include any that meet the definition of green space set forth in section 8.6.604 of this chapter, including the construction of structures appurtenant to those uses, such as agricultural buildings.

      7.   Any reserved rights of the grantors.

      8.   If applicable, a designation of any entity which is to be granted a third party right of enforcement pursuant to subsection 55-2101(2), Idaho Code. Conservation easements pertaining to land over the Rathdrum Prairie Aquifer must grant Panhandle health district a third party right of enforcement.

      9.   A statement that the easement shall be perpetual in duration.

   C.   Miscellaneous Provisions:

      1.   A requirement that any future deed or lease conveying an interest in the property shall refer to the conservation easement conveyed via the deed of easement, and that the easement holder shall be provided with the name and address of any new landowners.

      2.   A description of how costs and liabilities, such as taxes, will be handled.

      3.   Provisions in the event all or a portion of the property is acquired through eminent domain proceedings or a purchase agreement reached in lieu of, or to settle such proceedings.

      4.   A provision that the grantee may assign its rights and obligations to another conservation organization or government agency that agrees to enforce the terms of the easement.

      5.   Procedures for notification to or between the parties and contact information for each party, including, at a minimum, the names, addresses, and telephone numbers of all grantors and grantees.

      6.   A provision that all mortgages, liens or similar encumbrances on title to the property must either be discharged or subordinated to the easement so that the easement cannot be terminated in the event of foreclosure.

      7.   A requirement that the deed of easement shall be recorded in the office of the county recorder.

      8.   A statement that the laws of the state of Idaho shall govern the easement.

      9.   A severability clause.

      10.   A provision that the covenants, terms, conditions and restrictions of the easement shall be binding upon, and inure to the benefit of the parties and their heirs, successors and assigns, and shall continue as a servitude running in perpetuity with the land.

      11.   Amendment procedures.

      12.   Notarized signatures of all grantors and grantees.

   D.   Attachments:

      1.   A legal description of the property subject to the easement.

      2.   A baseline inventory of the property.

      3.   A site plan. (Ord. 493, 6-9-2016)

The following are the minimum standards for existing resource reports and site analysis maps whenever such plans are required to be submitted to the department. Although not intended to be a comprehensive list, as each report and map will be different and will need to be tailored to the needs of the particular subdivision to which they will apply, the following items, at a minimum, shall be included in all existing resource reports and site analysis maps:

   A.   Existing Resource Report:

      1.   A brief paragraph containing a description of the subject site boundaries and an explanation of the proposed project.

      2.   An explanation of the different resources found on site that includes, at a minimum, any timbered areas, cultural resources, wildlife habitat, streams and other surface water areas that are present on the site.

      3.   A description of how the resources identified in the report will be impacted by the proposed project.

      4.   A listing of the classification of any streams found on the project site, and a complete delineation of stream and wetland protection buffers, as defined in sections 8.9.403 and 8.9.503 of this title, respectively, in accordance with the requirements set forth in subsection 8.6.708C of this chapter.

      5.   If the land lies within a timbered area, as determined by the director, the report shall include a wildfire mitigation plan prepared in accordance with section 8.6.901 of this article.

      6.   An explanation of the mitigation measures which will be implemented to minimize the project's impacts on the resources identified in the report.

   B.   Site Analysis Map:

      1.   The site analysis map must encompass the resources contained in the report, including those existing on the site and those on all parcels located within five hundred feet (500') of the site.

      2.   The site analysis map must show the following:

         a.   Woodlands and mature timber;

         b.   Active farm and pasture land;

         c.   Adjacent public lands and lands under conservation easement;

         d.   Habitat for rare, threatened or endangered plants or animals (if known);

         e.   Important wildlife habitat;

         f.   Historic or cultural features;

         g.   Areas with scenic views;

         h.   Hillsides and other areas visible to the public;

         i.   Disturbed areas;

         j.   Natural features such as streams, ponds, rock outcrops, unusual geologic formations, forested areas, and wetlands; and

         k.   Existing roads.

      3.   In addition to a paper copy, at least one clear overlay copy of the map shall be provided.

      4.   An aerial photograph of the site, with boundaries marked, shall also be submitted if available. If an aerial photograph is not available, a geospatial view of the site (from Google Earth or other similar service) may be substituted. (Ord. 493, 6-9-2016)