These regulations are authorized by title 50, chapter 13, Idaho Code; title 67, chapter 65, Idaho Code; and article 12, section 2 of the Idaho constitution, as amended or subsequently codified. (Ord. 1628, 1-12-2015)

No person shall subdivide any tract of land into more than two (2) parcels if within the city limits or into more than four (4) parcels if within the area of city impact, and no person shall subdivide any parcel or tract of land in which a new street is involved, and no person shall subdivide any lot, the boundaries of which have already been fixed by a recorded plat, unless they shall first have or cause to have made a plat thereof as required by title 50, chapter 13, Idaho Code and have complied with all the applicable provisions of this chapter. It shall be unlawful for any person to submit for recording any plat or replat of any subdivision unless it is first approved by the city council. (Ord. 1628, 1-12-2015)

The purpose of this chapter is to promote the public health, safety and general welfare, and to provide for:

   A.   The harmonious development of the area;

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

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

   D.   Adequate transportation, water drainage and sanitary facilities;

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

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

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

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

      1.   Streets and roads shall be created and improved; and

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

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

   H.   The administration of these regulations by defining the powers and duties of approval authorities. (Ord. 1628, 1-12-2015)

These regulations shall apply to the subdividing of land within the corporate limits of the city including the property within one mile outside the corporate limits thereof. They shall also apply to the area of impact as established by agreement between the city and county in conformance with Idaho Code. (Ord. 1628, 1-12-2015)

All "subdivisions" as herein defined shall be submitted for review to the commission and approval of the council and shall comply with the provisions of these regulations. These regulations shall supplement all other regulations, and, where at variance with other laws, regulations, ordinances or resolutions, the more restrictive requirements shall apply. (Ord. 1628, 1-12-2015)

The administration of this chapter shall be conducted by the city engineer in conjunction with the development services department. The administrator shall be appointed by the mayor and ratified by the council. (Ord. 1628, 1-12-2015)

No permit shall be issued by an administrative officer of the city for the construction of any building or other improvement requiring a permit upon any land for which a plat is required by this chapter, unless and until all of the requirements of this chapter have been met, and if a plat is not required by the provisions of section 9-16-2 of this chapter, no such permit shall be issued until a letter of information, as provided for in section 9-6-8 of this title, has been submitted to and reviewed by the commission and city council and the city council has decided that there is no substantial impact on present or proposed public utilities, streets or parks, and is in accordance with the comprehensive plan. (Ord. 1628, 1-12-2015)

Any person desiring to create a "subdivision" as herein defined shall submit all necessary applications to the development services department on forms as provided by the city. No final plat shall be filed with the county recorder or improvements made on the property until the plat has been acted upon by the commission as approved by the council. No lots shall be sold until the plat has been recorded in the office of the county recorder. (Ord. 1628, 1-12-2015)

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

   A.   General Layout: The general layout and approximate dimensions of streets, blocks and lots in sketch form.

   B.   Existing Conditions And Characteristics: The existing conditions and characteristics of the land on and adjacent to the proposed subdivision site.

   C.   Public Facilities: The areas set aside for schools, parks and other public facilities.

   D.   Fee: None required.

   E.   Administrative Action: The administrator shall notify the subdivider within a reasonable time of receiving an acceptable preapplication as to the general conformance or nonconformance of the proposal with this chapter and shall provide the necessary forms and checklists, as well as the additional following considerations:

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

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

      3.   Consideration of any unique environmental features or hazardous concerns that may be directly or indirectly associated with the subject property, such as areas that have been designated as areas of critical environmental concern, unique plant or animal life and floodplains; and

      4.   Consideration of other local and state agencies that the applicant should contact before preparing a preliminary plat. (Ord. 1628, 1-12-2015)

   A.   Application: The subdivider shall file with the development services department a complete subdivision application form and preliminary plat as required in this chapter.

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

      1.   The proposed subdivision does not exceed six (6) lots;

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

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

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

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

   C.   Content Of Preliminary Plat Application: The subdivider shall submit to the development services department and administrator the following items plus any additional data or maps deemed necessary by the administrator:

      1.   Copies Of Preliminary Plat: The developer or subdivider shall present the application and fifteen (15) copies of the preliminary plat of the proposed subdivision, drawn in accordance with the requirements hereinafter stated, and shall show the drafting date and a north arrow. The administrator shall refer a copy of the plat to the following agencies for review and comments prior to forwarding recommendations to the commission:

         a.   City engineer.

         b.   City fire department.

         c.   Elmore County Central district health department.

         d.   Development services department.

         e.   City building department.

         f.   City parks and recreation director.

         g.   Other governing bodies having joint jurisdiction.

         h.   Appropriate utility companies, irrigation districts.

         i.   Superintendent of schools.

         j.   Other agencies having an interest in the proposed subdivision.

The departments listed above will be allowed ten (10) working days to review the plats and return them to the development services department and administrator;

      2.   Written Application: A written application requesting approval of the preliminary plat;

      3.   Details Of Proposed Development: Appropriate information that sufficiently details the proposed development within any special development area, such as hillside, planned unit development, floodplain, cemetery, mobile home, large scale development, hazardous and unique areas of development; and

      4.   Notification Of Property Owners: The subdivider shall certify to the development services department and administrator that he has notified all property owners within three hundred feet (300') of the external boundaries of the proposed subdivision. The administrator may require a larger area be notified if the size or location of the subdivision justifies it. A list of the property owners notified will also be given to the development services department. Such written notification shall be mailed at least fifteen (15) days prior to the commission meeting. A list of the property owners, a copy of the letter mailed and an affidavit of mailing shall be submitted to the development services department and administrator.

   D.   Preliminary Plat Requirements: The following shall be shown on the preliminary plat, or shall be submitted separately, together with any other pertinent information requested by the administrator:

      1.   The name of the proposed subdivision, which does not duplicate the name of any other subdivision in Elmore County.

      2.   The names and addresses and telephone numbers of the subdivider(s), the engineer or surveyor who prepared the plat and any other professional persons involved in the subdivision.

      3.   The names and addresses of all surrounding property owners both adjacent to and beyond any public thoroughfares from the subject property on record in the county assessor's office.

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

      5.   A statement of the intended use for each lot in the proposed subdivision, and indicated on the preliminary plat map, such as: residential single-family, two-family and multiple housing, commercial, industrial or recreational and showing of any sites proposed for parks, playgrounds, schools, churches or other public uses.

      6.   A map of the entire area (1" = 100') scheduled for development if the proposed subdivision is a portion of a larger holding intended for subsequent development.

      7.   A vicinity map showing the relationship of the proposed plat to the surrounding area (covering at least a 1 square mile area).

      8.   The existing zoning of the proposed subdivision and the adjacent land. The zoning requested for each block, if not already zoned.

      9.   The street alignment, location, widths, and other dimensions of all existing or proposed platted streets, along with type of surface and the existence of any curb-gutter and/or sidewalks and other important features such as railroad lines, watercourses, easements, and exceptional topography, within and contiguous to the tract to be subdivided.

Right of way acquisition: No building or permanent structure shall be placed closer than sixty feet (60') to any section line or quarter section line without approval of the city engineer and/or the board of commissioners of the highway district having jurisdiction, unless provided for otherwise in this chapter, with the intent to provide area for future roadways.

      10.   Approximate location and length of the boundary lines of each lot, parcel or site, including the lot and block numbers, and the boundary lines of the tract to be subdivided, which shall be accurate in scale and bearing. Approximate acreage enclosed by the subdivision.

      11.   A contour map of two foot (2') intervals to show the general topography of the tract. A preliminary grading plan as may be required.

      12.   When not connecting to city sewer and water, a soils and groundwater study shall be required by the city engineer where individual wells or septic tanks are proposed within the area of impact.

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

      14.   All parcels of land intended to be dedicated for public use and/or easements, both public and private, together with a statement of location, dimensions and purpose of such on both the subject property and surrounding properties or reserved for the use of all property owners, with the purpose indicated.

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

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

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

      18.   Approximate lot corner and easement locations of all adjacent subdivisions.

   E.   Administrative Action: Upon receipt of a completed preliminary plat application and review, the administrator shall certify the application is complete and shall affix the date of application acceptance thereon. The administrator shall prepare a recommendation to the commission and place the preliminary plat on the commission's agenda for consideration.

   F.   Commission Review: At a regular meeting the commission shall review the preliminary plat, comments from the concerned persons and agencies and the report from the administrator to arrive at a decision on the preliminary plat. In determining the acceptance of a proposed subdivision the commission shall consider the objects of this chapter and at least the following:

      1.   The availability of public services to accommodate the proposed development;

      2.   The continuity of the proposed development with the capital improvement program, if applicable;

      3.   The public financial capability of supporting services for the proposed development; and

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

   G.   Commission Action On Preliminary Plat: The commission shall review and recommend to the council to approve, conditionally approve, disapprove or table for additional information when acting on the preliminary plat. If tabled, approval or disapproval shall occur at the next regular meeting. The action, and the reasons for such action, shall be stated in writing by the administrator and forwarded to the applicant. Upon granting or denying a preliminary plat the commission shall specify:

      1.   The regulations and standards used in evaluating the application;

      2.   The reasons for approval or denial; and

      3.   The actions, if any, that the applicant could take to obtain plat approval.

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

   I.   Council Action: Upon recommendation from the commission the council will then either reject the plat or approve it subject to conditions that may be set forth. These conditions will be expressed in a written letter to the developer. The developer, after adding these conditions to the plat, will then resubmit it to the administrator for his review and approval of technical data, placement of utilities, etc.

   J.   Approval Period: Failure to file and obtain the certification of the acceptance of the final plat application by the administrator within one year after action by the commission shall cause all approvals of said preliminary plat to be null and void, unless a one year extension of time is applied for, thirty (30) days before the expiration, by the subdivider and granted by the commission. A preliminary plat may be extended one time only, after which it shall be resubmitted to the administrator and the commission.

   K.   Fees: A fee for processing and checking a preliminary plat shall be due upon submittal of the preliminary plat to the administrator. The amount of the fee shall be established by the council. (Ord. 1628, 1-12-2015)

   A.   Application: After the approval or conditional approval of the preliminary plat, the subdivider may cause the total parcel, or any part thereof, to be surveyed, and a final plat prepared in accordance with the approved preliminary plat. The subdivider shall submit to the administrator three (3) copies of the final plat at least ten (10) working days prior to the commission meeting.

   B.   Content Of Final Plat: The final plat shall include and be in compliance with all items required under this chapter and title 50, chapter 13 of the Idaho Code and shall be drawn at such a scale and contain lettering of such size as to enable the same to be placed on one sheet of eighteen inch by twenty seven inch (18" x 27") drawing paper, with no part of the drawing nearer to the edge than one-half inch (1/2"), except the far left margin shall be no less than three inches (3"). The reverse of said sheet shall not be used for any portion of the drawing. If, because of the size or complexity, required information cannot be shown, additional sheets may be used provided they conform to this chapter. The final plat shall be in agreement with the preliminary plat and include at least the following:

      1.   Ownership: Proof of current ownership of the real property included in the proposed final plat.

      2.   Location: The name and general location of the subdivision in bold letters at the top of the sheet.

      3.   North Arrow: The north point and scale of the plat.

      4.   Legal Boundaries: The boundaries must be accurately drawn showing the proper bearings and dimensions of all boundary lines of the subdivision. These lines should not be heavier than street and lot lines.

All linear dimensions shall be calculated to the nearest one-hundredth of a foot (0.01') and all bearings shall be calculated to the nearest ten (10) seconds of arc. All curves shall be defined by the radius, central angle, tangent, arc, and chord distances. The description and location of all monuments shall be shown. Monuments of iron pipe, stone or concrete shall be set at tangent points or points of curves of streets, intersections of property lines, at alley intersections and at such other points as may be necessary to make the retracing of the lines as shown on the plat reasonably convenient.

In addition to the requirements of title 50, chapter 13 of the Idaho Code, the exterior boundary of the subdivision shall be tied to not less than two (2) recognized county or city survey monuments.

      5.   Streets/Alleys/Easements: The names, widths, lengths, bearings, curve data for centerlines of proposed streets, alleys and easements desired or necessary; also the boundaries, bearings and dimensions of all parcels within the subdivision to be dedicated to the use of the public. The size, lines, dimensions, curve data and number of lots, blocks and/or parcels reserved for any reason within the subdivision.

      6.   Adjacent Streets/Alleys: The widths and names of abutting streets and alleys. The names and boundaries of all subdivisions which have been previously recorded and adjacent thereto must be shown upon the final plat. These adjacent subdivisions will be shown in dotted lines to show their relationship to the plat offered for record. If adjoining land is unplatted it should be indicated as such.

      7.   Lot/Block Numbering: All lots shall be numbered by progressive numbers in each separate block. Blocks shall also be numbered consecutively throughout all adjoining plats of the same name.

      8.   Final Plat/Signature Sheet: Final plat shall contain the following: registered land surveyor's certificate of survey, owner's dedication certificate with acknowledgement, the approval of the mayor and council as attested by the city clerk, approval by the city engineer, and other certificates required by the Idaho Code and county ordinances.

      9.   Stormwater: Stormwater retention location.

      10.   Survey: All dimensions, both linear and angular, are to be staked in the field by accurate control survey which must balance and close within a limit of one in ten thousand (10,000).

      11.   Intended Use: All lots shall be identified with the intended use of the lots such as: residential single-family, duplex, townhouse and multiple housing, commercial, industrial or recreational and showing of any sites proposed for parks, playgrounds, schools, churches, or other public uses.

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

   D.   Submittal of Final Plat: Upon receipt of the final plat and compliance with all other requirements as provided for herein, the administrator, after review by the public works department, shall certify the application as complete and shall affix the date of acceptance thereon.

   E.   Administrative Review: If the administrator determines that the final plat consists of any material change from the previously approved preliminary plat or conditions of the preliminary plat have not been met, the administrator may require that the final plat be submitted to the commission in the same manner as required in the preliminary plat process.

   F.   Approval Of Subdivision Plat: No plat shall be recorded or offered for recording with the Elmore County recorder until the plat has been reviewed and approved by the mayor and council, and shall bear thereon the approval, by endorsement, of the city engineer and the clerk of the city. The final plat shall not be approved by the mayor and council until all the proposed public improvements have been made according to the approved development plans and specifications (see section 9-16-12 of this chapter) and the improvements have been approved by the Community Development Director and Public Works Director and approved by the city council or suitable financial guarantees are provided (see section 9-16-14 of this chapter). All plats located within the area of impact and/or one mile outside of the city limits must also meet the requirements of the area of impact agreement with Elmore County.

   G.   Approval Period: Final plat shall be filed and recorded with the Elmore County recorder within one year after approval by the council; otherwise, such approval shall become null and void unless thirty (30) days prior to said expiration date an extension of time is applied for by the developer. The commission may recommend to the council a onetime extension, which shall be subject to review before recording, for a period of one year, which the council may approve as presented, approve with conditions or deny.

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

      1.   Certification and signature of the city council verifying that the subdivision has been approved;

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

      3.   Certification and signature of the sanitation restrictions on the face of the plat per Idaho Code;

      4.   Certification and signature of Elmore County treasurer that all taxes have been paid;

      5.   Certification and signature of approval of Elmore County surveyor;

      6.   Certification and signature of property owner/developer for deed of dedication;

      7.   Certification and signature of the surveyor who surveyed the property;

      8.   Owner's certification of acknowledgement;

      9.   Recorder's certification. (Ord. 1628, 1-12-2015; amd. Ord. 1727, 10-12-2021)

Prior to recording the final subdivision plat, the subdivider shall submit to the administrator checked copies of the final plans and specifications for streets, water, sewer and other public improvements to be constructed. (See also section 9-16-13 of this chapter.)

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

The minimum construction requirements shall be the published standard city specifications. Three (3) sets of development plans showing all site improvements, curb and gutters, sidewalks, water lines, sanitary and/or storm sewers or stormwater retention, parking, open space and landscaping shall be filed with the city engineer. When approved, one set shall be returned to the subdivider with the engineer's written approval thereon. Standards shall be established by the administrator.

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

   C.   Required Public Improvements: Every subdivider shall be required to install the following public and/or other improvements in accordance with the conditions and specifications as follows:

      1.   Monuments: Monuments shall be set in accordance with Idaho Code.

Monuments shall be placed at all section and quarter corners, and elsewhere as required by the city engineer. All monuments located in paved streets, alleys or sidewalks will be encased in protective boxes approved by the city engineer.

      2.   Streets And Alleys: All streets and alleys shall be constructed in accordance with the standards and specifications adopted by the council. (See also section 9-16-13 of this chapter.)

         a.   Street excavation to finished subgrade and paved to final grade.

         b.   All service connections for sanitary sewer, domestic water and natural gas to a point in back of the proposed sidewalk line (on private property) before placing base gravel for the street. All such improvements are to be installed under the specifications and inspections of the engineer.

         c.   Street name signs shall be installed in the appropriate locations at each street intersection in accordance with the local standards. Cost of street signs shall be the responsibility of the developer and installed to the city engineer's specifications.

      3.   Curbs And Gutters: Curbs and gutters shall be constructed on all streets and service roads prior to placing of base gravel. All construction shall be in accordance with the standards and specifications adopted by the council.

      4.   Sidewalks And Pedestrian Walkways: Sidewalks shall be required on both sides of the street, except that where the average width of lots, as measured at the street frontage line or at the building setback line, is over two hundred ten feet (210') sidewalks on only one side of the street may be allowed.

Pedestrian walkways, when required and/or provided, shall have easements at least ten feet (10') in width and paved the entire width.

Sidewalks and crosswalks shall be constructed in accordance with the standards and specifications as adopted by the council.

      5.   Driveways: All driveway openings in curbs shall be as specified by the administration, highway district or state highway department.

      6.   Public Water Supply And Sewer Systems: Connection to city water and sewer is required. Properties outside city limits, that are not on city services, shall be required to install dry lines constructed to city standards for future hookup. (See section 9-16-13 of this chapter, and water and sewer regulations, title 7 of this code.)

      7.   Fire Hydrants And Water Mains: Fire hydrants shall be required every three hundred feet (300') or as determined by the fire code and the city fire chief and/or city engineer.

      8.   Stormwater Management: The management of stormwater for all subdivision development shall conform to established policies and practices previously and currently being used by the city until such time as the city of Mountain Home stormwater management policy (performance standards) is completed and adopted by the city council.

Storm sewers shall be required to drain all streets to an on site location(s) or an off site location as may be approved by the city engineer.

      9.   Installation Of Public Utilities: Underground utilities shall be required in all new subdivisions. Electrical wiring will include stubs and junction boxes for streetlight(s).

      10.   Street Lighting: Streetlights shall be required to be installed at the intersections, and/or where deemed necessary by the city engineer, throughout the subdivision. All costs to install streetlights and poles shall be borne by the developer. All ongoing cost for maintenance and operation shall be borne by the city. Installations shall be conventional wood pole or better, high pressure sodium with overhead lamps. Other types or configuration for lighting shall be approved by the city engineer and the cost shall be borne by the developer/subdivider.

      11.   Irrigation Ditches: Unless otherwise approved by the city engineer and city council, all ditches shall be replaced with buried conduit. The system shall be constructed to meet the requirements of the Mountain Home irrigation district and the city engineer.

      12.   Buffer Yards/Landscaping And Open Space: Landscape screening may be required for the protection of residential properties from adjacent collector and arterial streets, waterways, railroad rights of way or other incompatible land features. Subdivision plats shall show the location of any buffer yards, landscape areas and/or open space. All such buffer areas shall conform to this title, for development. (Ord. 1628, 1-12-2015)

All subdivision plats submitted pursuant to the provisions of this chapter, and all subdivision improvements and facilities, done, constructed or made in accordance with said provisions shall comply with the minimum design standards set forth hereinafter in this chapter (see also section 9-16-15 of this chapter); provided, however, that any higher standards adopted by any highway district, state highway department or health agency shall prevail over those set forth herein:

   A.   Street Specifications:

      1.   Dedications: All streets, alleys, easements and required sidewalks within the subdivision must be dedicated for public use. All streets and alleys within the subdivision shall be required to be dedicated for public use, with the exception of PUDs and condominium type subdivisions, which may, upon approval of the governing body, be private.

      2.   Street Location/Alignment: The alignment and width of previously platted streets when extended shall be preserved unless topographical conditions make a modification advisable. Street and road location shall conform to the following:

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

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

      3.   Street Right Of Way Widths: Street and road right of way widths shall conform to the adopted major street plan or comprehensive plan and rules of the state department of highways and the highway district having jurisdiction; street right of way width is to be measured from property line to property line; minimum right of way standards shall be in accordance with the following:

 

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

         d.   Cul-De-Sac Or Dead End Streets: Shall be designed to be permanent, shall not be longer than five hundred feet (500') in length and shall be provided at the closed end with a turnaround having a radius from the center of the circle to the right of way line of at least fifty feet (50') and a radius from the center of the circle to the back of curb to be at least forty five feet (45'). Property line frontage shall not be less than forty five feet (45'), measured as the chord length along the right of way line.

         e.   Bulb Streets: Any street or road having a deflection angle greater than or equal to ninety degrees (90°) shall have a right of way circle at the point of deflection. Said circle shall have a minimum radius of fifty feet (50'). Each lot shall have a street property line minimum frontage of forty five feet (45'), measured as the chord length.

         f.   Half Streets: Half streets shall be prohibited, except where unusual circumstances make such necessary to the reasonable development of a tract. Special justification shall be presented for a variance request to the commission. Whenever a tract to be subdivided borders on an existing half or partial street, the other part of the street shall be dedicated within such tract. Whenever there is an existing half street right of way adjacent to a tract to be subdivided, the developer shall be required to improve, as a minimum, two (2) traffic lanes centered about at the proposed center of the street and one parking lane contiguous with the curb and gutter and sidewalk.

         g.   Private Streets: Private streets and roads shall be prohibited within a subdivision, except as may be provided for elsewhere within this title. Access from interior subdivision lots to public streets may be allowed by private drives which conform to the following:

      PRIVATE DRIVEWAY LENGTH

 

 

      4.   Lot Frontage Access/Arterial And Collectors: Subdivisions shall be designed such that individual lot ingress or egress is not directly onto an arterial or collector street. Where a subdivision abuts or contains an existing or proposed arterial or collector street, the developer shall be required to provide interior street access. A fifteen foot (15') landscaped buffer strip shall be provided between the subdivision lots and the collector or arterial street. Said buffer strip shall be designed to screen back yards and consist of an undulating berm with plantings and fence, unless the berm in itself adequately screens the rear of a property which is adjacent to a collector or arterial street. Such double fronted lots shall provide a one foot (1') nonaccess vehicular reservation strip along the arterial/collector street or such other treatment as may be necessary for adequate protection of residential properties and to afford a buffer of noise and separation of through and local traffic. These buffer strips shall be maintained by the developer or by a homeowners' association by agreement which shall be reviewed and/or approved by the city attorney and city council.

      5.   Adjoining Property Owners: The street and alley arrangements must also be such as to cause no hardship to owners of adjoining property when they subdivide and plat their land and seek to provide for convenient access thereto. This arrangement must also provide for continuing a reasonable number of through utility lines.

      6.   Street Grades: Minimum street grades of twenty five one- hundredths percent (0.25%) will be required with the maximum grade being seven percent (7%) for secondary and major streets and ten percent (10%) for local or minor streets. Where the observance of these standards is impossible, the city engineer shall review the situation before an exception may be granted.

      7.   Street Cuts On Existing Constructed Streets: The developer must obtain a permit and shall repave, with like materials, any existing constructed streets when numerous (more than 3 within 300 feet) pavement cuts are necessary for construction/hookups of his development.

      8.   Curbs And Gutters: Curbs and gutters at street intersections shall be rounded with curves paralleling the right of way line.

      9.   Reserve Strips/Street: Reserve strips on outer boundaries of a subdivision may be required to control access to a partial width street. The mayor and council may require an agreement to accompany a subdivision plat agreeing to dedicate such strip or strips when sufficient ground is made available for public use to permit widening of said strip to its normal width. Unless provided herein, no other reserve strips controlling access to public ways shall be permitted, except when the control and disposition of land comprising such strips are placed with the jurisdiction of the city under conditions specified by the mayor and council and attached to the plat.

      10.   Alleys:

         a.   Required Alleys: Alleys shall be provided in multiple dwelling or commercial subdivisions unless other provisions are made for service access and off street loading and parking.

         b.   Width: The minimum width of any dedicated alley shall be twenty feet (20'). Alleys shall be required along the rear lines of commercial and industrial property. Alleys may be required in residential areas.

         c.   Intersections: Alley intersections and sharp changes to alignment shall be avoided, but, where necessary, corners shall be cut off sufficiently to permit safe vehicular movement.

         d.   Dead End Alleys: Dead end alleys shall be avoided where possible, but if unavoidable shall be provided with adequate turnaround facilities at the dead end as determined by the city engineer.

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

         a.   Street Name Duplication: Street names shall not duplicate any existing name within the limits of this title except where a new street is a continuation of an existing street. Street names, if spelled differently but sound the same as existing streets, shall not be used.

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

         c.   Street Name Signs: New streets shall not have the same name as any other street in the city. Street name signs shall be erected by the city in accordance with city standard specifications. Any street names that do not follow an established grid system must be submitted to the city council for approval.

      12.   Intersections:

         a.   Street Intersections: Streets shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect any other street at less than eighty degrees (80°).

         b.   Block Alignment: Where street lines within a block deflect from each other at any one point more than five degrees (5°) there shall be a connecting curb. The radius of the curve for the inner street line shall be not less than seven hundred feet (700') for an arterial or major street, two hundred fifty feet (250') for a collector or secondary street, and fifty feet (50') for a local or minor street.

   B.   Pedestrian Walkways:

      1.   Walkway Easements: Walkway easements for pedestrians shall be provided where deemed essential to provide circulation or access to schools, playgrounds, shopping areas, transportation or any other community facilities. Walkway easements shall have a minimum width of ten feet (10').

      2.   Walkway Width: Walkways shall be a minimum of ten feet (10') in width and shall be improved with a concrete walk over the full width of the easement.

      3.   Sidewalk Required: Sidewalks are required contiguous with the public streets. They shall be a minimum of five feet (5') in width and shall be wider in areas near shopping centers, schools or where pedestrian traffic may warrant a greater width. The sidewalk requirement for the purposes of this chapter shall conform as a minimum to section 8-1B-1 of this code.

      4.   Pathway Required: A pathway is required to be constructed if identified on the most recently adopted Master Pathways Plan. Pathway design shall be per the Master Pathways Plan. The pathway requirement for the purposes of this chapter shall conform as a minimum to section 8-1B-2 of this code.

      5.   Sidewalks And Pedestrian Walkways: Sidewalks shall be required on both sides of the street, except that where the average width of lots, as measured at the street frontage line or at the building setback line, is over two hundred ten feet (210'), sidewalks on only one side of the street may be allowed.

   C.   Mailbox In Sidewalk: Mailboxes located on the sidewalk shall provide a concrete walkaround.

   D.   Easements/Utility And Drainageway: Unobstructed utility easements shall be provided: along front lot lines, five feet (5'); rear lot lines, eight feet (8'); and side lot lines, five feet (5'). Easements of greater width may be required along lines across lots or along boundaries where necessary for surface drainage or for the extension of main sewers or other utilities.

   E.   Lots/Blocks:

      1.   Blocks:

         a.   The length, width and shape of the blocks shall be determined with due regard to adequate sites suitable to the special needs of the type of use contemplated; the zoning requirements as to lot size and dimensions; the need for convenient access, circulation, control and safety of street traffic; and the limitations and opportunities of topography.

         b.   Block length shall not be less than two hundred fifty feet (250') or exceed nine hundred feet (900').

      2.   Lots:

         a.   All lots shown on the subdivision plat must conform to the minimum requirements of any applicable zoning district.

         b.   Side lines of lots shall be approximately at right angles or radial to the street lines unless a variation will give a better street and lot plan. All corner lots shall have a minimum radius of twenty feet (20') on the property lines.

         c.   Double frontage lots are prohibited except when a collector or arterial street abuts the subdivision, unusual topography or other conditions make it impossible to meet this requirement.

         d.   All remnants of lots below minimum size leftover after the subdividing of a larger tract must be added to adjacent lots rather than allowed to remain as unusable parcels.

         e.   At the time of platting, corner lots may be required to be larger to accommodate setbacks for two (2) street frontages.

         f.   Corner lots shall be twenty percent (20%) greater in size than the minimum lot size for the zoning district.

         g.   A variety of lot sizes as allowed by the zoning district is encouraged to accommodate a variety of housing units. In the configuration and location of lots, consideration should be given to the ultimate dwelling type and use of the lot.

            1.   Lots intended for duplex housing units should be double the minimum lot size required for the zoning district.

            2.   Lots that will accommodate higher density should be located to avoid traffic and parking impacts on surrounding properties.

            3.   Lots should be located to provide transition in density from the surrounding properties.

            4.   The dimensions of lots should be varied to provide variety and avoid monotony in the future residential design and development.

   F.   Area Of Impact/Streets: Where parcels of land are subdivided into unusually large lots (such as when large lots are approved for septic tanks) the parcels shall be divided, where feasible, so as to allow for future division into smaller parcels. Lot arrangements shall allow for the ultimate extension of adjacent streets through the middle of wide blocks. Whenever such future subdividing or lot splitting is contemplated, the plan thereof shall show proposed extension of streets and be approved by the commission prior to the taking of such action. New subdivision developments which are contiguous to the city limits shall develop to city standards.

   G.   Utilities; Water/Sewer: Utilities shall be constructed according to standards and specifications as adopted by the city.

      1.   Water Lines: Water hookup shall be allowed only within the city limits. The extension of utilities shall be at the developer's expense and shall have the capacity and placement necessary to serve land located farther out.

         a.   Size Of Mains: All water mains located in arterial or collector streets shall be a minimum of eight inches (8") in diameter. All water mains located in a local street shall be a minimum of six inches (6").

         b.   Larger Main Required/Cost:

            1.   If the development requires a larger main than is required by the city, the developer shall be responsible for the entire cost.

            2.   If the city requires a larger water main to accommodate future development than the size of line required by the city for the subdivision, the developer shall install the larger line size required by the city and may, prior to approval of the final plat or before a building permit is issued, make a written agreement with the city for reimbursement of the difference in the cost between the required line size and the larger line required by the city. This reimbursement shall be made in the current fiscal year only if there are sufficient funds in the development fund.

         c.   Dead End Mains: Dead end mains longer than two hundred feet (200') shall not be permitted.

         d.   Area Of City Impact: New subdivision developments, which are platted in less than five (5) acre lots that do not connect to public water facilities, shall provide a central water system (may require dry lines), designed to city standards, so at the time of annexation connecting to the public water system will be more cost effective and easily accomplished unless otherwise provided for herein. New subdivision developments that are contiguous to the city limits shall develop to city standards with dry lines, etc.

         e.   Acceptance For Maintenance: The developer shall submit a letter requesting that the city council formally accept, by entry in the official minutes, the water mains, which were constructed by private interest, to the city for continuous maintenance.

      2.   Sewer: Sewer hookups may be allowed outside the city limits with approval of the city council. If the property is contiguous to the city limits, the developer shall annex prior to hookup. If the property is not contiguous, the developer shall sign a development agreement with the city to request annexation as soon as the property becomes contiguous or within three hundred feet (300') of the city. This agreement shall be made part of the public record for each parcel to be sold to ensure knowledge of this agreement by potential purchasers.

         a.   Size Of Sewer Mains: All sewer mains in arterial and collector streets shall be a minimum of ten inches (10") in diameter. Local streets shall require a minimum eight inch (8") main in local streets. Developers shall install the sewer mains and stub the services to each lot at the developer's expense.

         b.   Larger Sewer Main/Cost:

            1.   If a development itself requires a main larger than is required by the city, the developer shall be responsible for the entire cost.

            2.   If the city requires a larger sewer main to accommodate future development than the required line required by the city for the subdivision, the developer shall install the larger line size required by the city and may, prior to approval of the final plat, make a written agreement with the city for reimbursement of the difference in cost between the line required by his development and the larger line required by the city. The reimbursement shall be made in the current fiscal year only if there are sufficient funds in the development fund.

         c.   Area Of City Impact: New subdivision developments which are contiguous to the city limits shall be developed to city standards. New development shall provide a sewer utility system which is equivalent to the public sewer system, so, at the time of annexation, connecting to the public sewer system will be more easily accomplished unless otherwise provided for herein.

         d.   Acceptance For Maintenance: The developer shall submit a letter requesting that the city council formally accept, by entry in the official minutes, the sewer mains, which were constructed by private interest, to the city for continuous maintenance.

   H.   Buffer Yards And Reserve Strips: Fifteen foot (15') buffer yards which create a visual screen shall be required to be placed next to incompatible features such as arterial, collectors, highways, railroads, commercial or industrial uses to screen the view from residential properties and shall not be a part of the normal street right of way or utility easement. These fifteen foot (15') buffer yards and reserve strips shall be developed according to the landscape ordinance of this title.

   I.   Public Sites And/Or Open Spaces: Public sites, amenities and open spaces shall be completed in the first or second phase of a project, unless bonded for one hundred twenty percent (120%), and shall conform to the following:

      1.   Park/Open Space Requirement/Service Level: A standard of twelve (12) acres of park land per one thousand (1,000) people has been established. A park development fee has been established to generate sufficient revenue to purchase twelve (12) acres of land for park development or to develop twelve (12) acres of land already set aside for park development. This requirement shall comply to this title.

      2.   Public Uses: Where it is determined that a proposed park, playground, school or other public use is located in whole or in part within a proposed subdivision, the commission shall notify the appropriate public agency concerning the land proposed to be acquired. Within thirty (30) days of the date of notice, the public agency may request the governing body to suspend consideration on the subdivision for sixty (60) days. If an agreement is not reached within sixty (60) days the commission shall resume consideration of the subdivision.

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

   J.   Stormwater Management: See chapter 8 of this title.

   K.   Development Maintenance: The developer shall be responsible for providing safety and maintenance of the site during construction and cleanup upon completion of the project which will ensure that a nuisance or safety hazard is not created for the general public or the surrounding properties.

      1.   Trash dumpsters or other adequate manner of containment shall be used for refuse during any construction.

      2.   The developer shall be responsible for all construction safety signing and barricades.

      3.   Upon completion of construction of the site, homes, or structures the site shall be free of mounds/piles of dirt. All such material on the site, or if accumulated on adjoining lots, shall be leveled out or removed.

   L.   Homeowners' Agreement And/Or Maintenance Agreement: The council and city attorney shall review the homeowners' agreement or initiate an agreement with the developer for maintenance of common and/or open space areas within the subdivision. (Ord. 1628, 1-12-2015; amd. Ord. 1716, 5-10-2021)

   A.   Financial Guaranty Arrangements: In lieu of the actual installation of required public improvements, before any building permit is issued, the development services director or city engineer may permit the subdivider to provide a financial guaranty of performance in one or a combination of the following arrangements for those requirements which are over and beyond the requirements of any other agency:

      1.   Surety Bond:

         a.   Accrual: The bond shall accrue to the city covering construction, operation and maintenance of the specific public improvements.

         b.   Amount: The bond shall be in an amount equal to one hundred twenty percent (120%) of the total estimated cost for completing construction of the specific public improvements, including engineering, as estimated by the developer's consulting engineer and approved by the development services director or city engineer.

         c.   Term Length: The term length in which the bond is in force, for the duration of that phase of the project, shall be for a period to be specified by the development services director or city engineer for the specific public improvements.

         d.   Bonding For Surety Company: The bond shall be with a surety company authorized to do business in the state of Idaho, acceptable to the city council and city attorney.

      2.   Cash Deposit, Cashier's Check, Negotiable Bond Or Irrevocable Bank Letter Of Credit:

         a.   Treasurer, Escrow Agent Or Trust Company: A cash deposit, cashier's check, negotiable bond or an irrevocable bank letter of credit required and such surety acceptable to the city clerk, shall be deposited with an escrow agent or trust company.

         b.   Dollar Value: The dollar value of the cash deposit, certified check, negotiable bond or irrevocable bank letter of credit shall be equal to one hundred twenty percent (120%) of the estimated cost of construction for the specific public improvement, including engineering costs, as estimated by the developer's consulting engineer and approved by the development services director or city engineer.

         c.   Escrow Time: The escrow time for the cash deposit, certified check, negotiable bond or irrevocable bank letter of credit shall be until completed and accepted by the development services director or city engineer.

         d.   Progressive Payment: In the case of cash deposits or cashier's checks, an agreement between the city and the subdivider may provide for progressive payment out of the cash deposit or reduction of the cashier's check, negotiable bond or irrevocable bank letter of credit, to the extent of the cost of the completed portion of the public improvement, in accordance with a previously entered into agreement.

   B.   Penalty In Case Of Failure To Complete The Construction Of A Public Improvement: In the event the subdivider shall, in any case, fail to complete such work within the period of time as required by the conditions of the guaranty for the completion of public improvements it shall be the responsibility of the city, through the development services director or city engineer, to have such work completed. In order to accomplish this, the city shall reimburse itself for the cost and expense thereof by appropriating the cash deposit, cashier's check, irrevocable bank letter of credit, or negotiable bond which the subdivider may have deposited in lieu of a surety bond, or may take steps as may be necessary to require performance by the bonding or surety company and as provided in this section and the subdivision ordinances of the city, including all submittals and agreements of the subdivider. (Ord. 1628, 1-12-2015)

   A.   Purpose: This section provides additional design criteria for various types of special subdivision developments, i.e., floodplain, aquifer area (CDO) and hillside, that normally pose special problems to the commission and elected officials when reviewing and acting upon subdivision requests. This section outlines the plan submittal requirements and design standards that shall be taken into consideration when acting on special developments. The provisions of this section are in addition to the plan requirements, design standards and improvement standards that are required by this chapter.

   B.   Floodplain: See title 5, chapter 5 this code.

   C.   Subdivision Within An Area Of Critical Concern: Hazardous or unique areas may be designated as an area of critical concern by the council or by the state. Special consideration shall be given to any proposed development within an area of critical concern to assure that the development is necessary and desirable and in the public interest in view of the existing unique conditions. Hazardous or unique areas that are designated as areas of critical concern are aquifer area/north and northeast of the city limits and the floodplain and shall comply to the following:

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

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

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

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

         c.   What changes in the area of environmental concern are unavoidable?

         d.   What beneficial or detrimental effects would the development have on the environment such as animal life, plant life, social concerns, economic conditions, noise, audio and visual impact? (Ord. 1628, 1-12-2015)

The purpose and intent of the comprehensive land use agriculture/proposed residential designation is to have land areas set aside that protect agricultural land use until such time as expansion of urban development is desirable, to allow rural atmosphere hobby farm development and to protect the aquifer recharge area which lies north and northeast of the city limits and is more particularly described and identified in the Elmore County comprehensive plan, zoning ordinance and maps as the Mountain Home community development overlay (CDO). Also, to provide for residential development of land which is projected to be annexed into the city in the near future.

When subdivision development in the A/PR zone occurs contiguous to city limits, it shall develop to city standards. When annexed, the property will be given a zoning classification which shall be compatible with surrounding land uses and in accordance with the comprehensive plan.

   A.   A/PR (Agriculture): The "A" portion of this designation excludes commercial feedlots, dairies, commercial poultry and poultry products production, pig farms, dairies, and similar intensive agriculturally related uses. The usual farm animals are allowed.

   B.   A/PR (Proposed Residential): The "PR" portion of this designation is to preserve and enhance predominantly single- family living areas at a low density standard. Such transition areas must be prepared to utilize a full range of municipal services upon annexation into the city.

      1.   Subdivision lots less than five (5) acres/development standards:

         a.   Lot Size: The minimum lot area per dwelling structure shall be one-half (1/2) acre.

         b.   Lot Width: The minimum lot width shall be one hundred feet (100').

         c.   Water System: Subdivision development requires a community water system constructed in accordance with city, county and state standards and which will be compatible with connection to city services upon future annexation. Dry lines may be required if the subdivision is in close proximity to city limits.

         d.   Sewer System: One septic permitted per lot. Approval in accordance with county and state standards. Soils analysis required (see section 9-16-10 of this chapter). Dry lines may be required if the subdivision is in close proximity to city limits.

         e.   Municipal Service: Full range of municipal services as per city standards required in preparation for annexation.

            1.   Streets, sidewalks, curb and gutter which meet city standards. Streets shall be concrete or asphalt.

Where parcels of land are subdivided into unusually large lots (more than 1 acre lots), the parcels shall be divided, where feasible, so as to allow for future division into smaller parcels. Lot arrangements shall allow for the ultimate extension of adjacent streets through the middle of wide blocks. Whenever such future subdividing or lot splitting is contemplated, the plan thereof shall show proposed extension of streets and be approved by the commission prior to the taking of such action.

            2.   Dry lines for water and sewer.

            3.   Underground power/telephone/gas/cable TV.

         f.   Storm Drainage: See section 9-16-12 of this chapter.

         g.   Future Annexation Agreements: Development agreements for future annexation and municipal city service hookups shall be required.

      2.   Subdivision lots five (5) acres or more and/or five (5) acre subdivision lots in the area of critical concern/Elmore County (CDO) development standards: Regardless of the size lots, when the subdivision is contiguous with the city limits it shall be developed to city standards.

         a.   Minimum Lot Size: The minimum lot size shall be five (5) acres or more per dwelling structure.

         b.   Lot Width: The minimum lot width (5 acres) shall be three hundred feet (300').

         c.   Water And Sewer: One well and one septic allowed per five (5) acres. Soils analysis required (see section 9-16-10 of this chapter).

Any variance consideration of subdivisions with more than one dwelling unit per five (5) acres in the CDO or any area of critical concern shall, as a condition of approval, be required to connect to a central water system and to a central sewer system, as approved by the city engineer, prior to occupancy. If such a sewer is not available, development shall be served by sewage disposal systems that provide aquifer protection equal to or greater than those listed below:

            1.   A collection and treatment facility utilizing sealed lagoon(s); or

            2.   A collection and treatment facility utilizing holding tanks and transport/disposal to a licensed disposal site.

         d.   Stormwater/Surface Drainage: As per stormwater management, section 9-16-12 of this chapter. Facilities in the CDO and/or area of critical concern shall be designed so that surface waters or any spilled or leaked materials cannot infiltrate into the ground or irrigation systems.

         e.   Streets: All streets shall be constructed to city standards and paved with asphalt or concrete. No sidewalk, curb and gutter required.

Where parcels of land are subdivided into large lots, the parcels shall be divided, where feasible, so as to allow for future division into smaller parcels. Lot arrangements shall allow for the ultimate extension of adjacent streets through the middle of wide blocks. Whenever such future subdividing or lot splitting is contemplated, the plan thereof shall show proposed extension of streets and be approved by the commission prior to the taking of such action.

         f.   Signs: Signs shall comply with chapter 13 of this title.

         g.   Future Annexation Agreement: Development agreements for future annexation and hookups may be required as a condition of the subdivision approval. (Ord. 1628, 1-12-2015)

   A.   General Requirements: Waiver of any of the requirements of this chapter may be granted by the council on a case by case basis upon the recommendation of the commission. Application for such waiver(s) must be in writing and must show that there are special physical characteristics or conditions affecting the property in question where literal enforcement of this chapter would result in undue hardship not the result of actions by the subdivider, and that the waiver would not be detrimental to the public welfare, health and safety, nor injurious to property owners in the immediate area.

   B.   Application For Waiver: Applications shall be made to the administrator in writing at the time of subdivision application. Such waiver, together with such related data and maps as are necessary to fully illustrate the relief sought, shall be filed at that time. Such application shall be processed and considered with the preliminary plat application.

   C.   Appeal: Any aggrieved party may appeal pursuant to the procedures set forth in section 9-6-5 of this title. (Ord. 1628, 1-12-2015)

See chapter 6, appeals of this title. (Ord. 1628, 1-12-2015)