A.   Purpose: The purposes of these regulations are to promote the public health, safety, and general welfare, and to provide for:

      1.   The harmonious development of the area;

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

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

      4.   Adequate transportation, water drainage and sanitary facilities;

      5.   Continuous growth pattern in the City, avoiding scattered subdivision of land that would result in:

         a.   The lack of water supply, sewage service, drainage or other public services; and

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

      6.   The requirements as to the extent and the way:

         a.   Roads shall be created and improved; and

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

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

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

      9.   It is the expressed intent of this chapter that the developer will be directly responsible for the installation and funding of all utilities, roads and streets, and improvements in the subdivision and any extension of existing utilities, roads and improvements required to serve the proposed subdivision.

   B.   Interpretation: All subdivisions as defined shall be submitted for approval by the Council and shall comply with the provisions of these regulations. These regulations shall supplement all other regulations, and where at variance with other laws, regulations, ordinances or resolutions, the more restrictive requirements shall apply.

   C.   Combining Of Permits: The Administrator is hereby required to coordinate with other City departments concerning all permits which may be required in this Code and previously or subsequently adopted City ordinances.

   D.   Scope: This chapter shall not apply to any lot or lots forming a part of the subdivision created and recorded prior to the effective date of this chapter. Nor is it intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this chapter, or with private restrictions placed upon property by deed or covenants running with the land to which the City is a party. Where this chapter imposes a greater restriction upon land than is imposed or required by such existing provision of law, ordinance, contract or deed, the provisions of this chapter shall control.

   E.   Financial: To protect the citizens of Priest River from the additional costs of revenue and non-revenue generating improvements attributable to development, it shall be the financial responsibility of the developer to provide for the construction of all improvements. This shall include but not be limited to all roads and streets, utilities, drainage structures, water supply and sewer systems, fire hydrants and water mains, street name signs, walkways and street lighting within the subdivision and any extensions of the same required to serve the subdivision.

The developer shall provide suitable guarantees to the City of Priest River that the tax base and revenue from the development provide sufficient income to cover operation and maintenance costs prior to the City accepting the responsibility for operation and maintenance.

   F.   Procedure For Subdivision Approval:

      1.   Subdivision Approval Required: Any person desiring to create a subdivision as herein defined shall submit all necessary applications to the Administrator. 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 Administrator and approved by the Council.

      2.   Enforcement:

         a.   Sale Of Land In A Subdivision: No owner or agent of the owner of any land located within a subdivision shall transfer, sell, agree to sell, or negotiate to sell any land by reference to, exhibition of or using a plan or plat that has not been approved and recorded in the manner prescribed by the ordinances of the City. Any sale or transfer contrary to the provisions of the City is void. The description of such lot or parcel by metes and bounds in the instrument or transfer of other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of this chapter.

         b.   Permits: The building inspector shall not issue building or repair permits for any structure on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein.

         c.   Public Improvements: The City hereby defines its policy to be that the City will withhold all public improvements of whatsoever nature, including the maintenance of streets and the furnishing of sewerage facilities and water service from all subdivisions and developments which have not been approved, and from all areas dedicated to the public which have not been accepted by the Council, in the manner prescribed herein.

         d.   Revision Of Plan After Approval: No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given by the Mayor or Council and endorsed in writing on the plat, unless the plat is first resubmitted to the Mayor and Council.

         e.   Floodway Encroachment: Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

      3.   Pre-Application:

         a.   Application: The subdivider shall submit a pre-application to enable the Administrator to review and comment on the proposed subdivision. The pre-application 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:

            (1)   The general layout and approximate dimensions of streets, blocks and lots in sketch form;

            (2)   The existing conditions and characteristics of the land on, and adjacent to, the proposed subdivision site; and

            (3)   The areas set aside for schools, parks and other public facilities.

         b.   Administrator Action: The Administrator shall notify the subdivider within thirty (30) days from the date of receiving an acceptable pre-application as to the general conformance or nonconformance of the proposal with this chapter, and shall provide the necessary forms and check lists, as well as the additional following concerns:

            (1)   Compliance of the proposed development with existing local or State policies, goals and objectives or comprehensive plans;

            (2)   Determine if additional special use permits or Code 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 by the State as areas of critical environmental concern, unique plant or animal life, floodplain, airport flight pattern and the like; and

            (4)   Consideration of other local and State agencies that the subdivider should contact before preparing a preliminary plat.

      4.   Preliminary Plat:

         a.   Application: The subdivider shall file with the Administrator a complete subdivision application form and preliminary plat data as required in this chapter.

         b.   Content Of Preliminary Plat: The contents of the preliminary plat and related information shall be in such a form as stipulated by the City; however, any additional maps or data deemed necessary by the Administrator may also be required. The subdivider shall submit to the Administrator at least the following:

            (1)   Six (6) copies of the preliminary plat of the proposed subdivision, drawn in accordance with the requirements hereinafter stated; each copy of the preliminary plat shall be on good quality paper, shall have dimensions of not less than twenty four inches (24") by thirty six inches (36"), shall be drawn to a scale of not less than one inch (1") to one hundred feet (100'), shall show the draft date, and shall indicate thereon, by arrow, the general northerly direction;

            (2)   Six (6) sets of preliminary engineering plans (not meant to be cross sections or detailed designs) for streets, water, sewers, sidewalks and other required public improvements; however, such engineering plans shall contain sufficient information and detail to enable the City Council to make a determination as to conformance of the proposed improvements to applicable code, regulations, ordinances, and standards.

            (3)   A written application requesting approval of the preliminary plat; and

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

         c.   Requirements Of Preliminary Plats: The following shall be shown on the preliminary plat or shall be submitted separately:

            (1)   The name of the proposed subdivision;

            (2)   The names, addresses, telephone numbers, and e-mail addresses of the subdivider or subdividers and the name of the surveyor who prepared the plat;

            (3)   The name and address of all adjoining owners of property whether or not bisected by a public right-of-way as shown on record in the County Assessor's Office;

            (4)   The legal description of the subdivision;

            (5)   A statement of the intended use of the proposed subdivision, such as: residential single-family, two family and multiple housing, commercial, industrial, recreational or agricultural and a showing of any sites proposed for parks, play-grounds, schools, churches or other public uses;

            (6)   A map of the entire area scheduled for the 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 (1/2 mile minimum radius, scale optional);

            (8)   Names and addresses on self-sticking address labels, of all property owners in a three hundred foot (300') radius of proposed development, prepared by a title company;

            (9)   The land use and existing zoning of the proposed subdivision and the adjacent land;

            (10)   Streets, street names, rights-of-way and roadway widths, including adjoining streets or roadways;

            (11)   Lot lines and blocks showing the dimensions and numbers of each;

            (12)   Contour lines, shown at five foot (5') intervals where land slope is greater than ten percent (10%) and at two foot (2') intervals where the land slope is ten percent (10%) or less, referenced to an established bench mark, including location and elevation;

            (13)   Any proposed or existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainages, bridges, culverts, water mains, fire hydrants, and their respective profiles;

            (14)   A copy of any proposed restrictive covenants and/or deed restrictions;

            (15)   Any dedications to the public and/or easements, together with a statement of location, dimensions and purpose of such; and

            (16)   A statement as to whether or not a variance, as specified in section 10-13-1 of this title, will be requested with respect to any provision of this chapter describing the particular provision, the variance requested, and the reasons for it.

         d.   Administrator Review:

            (1)   Certification: Upon receipt of the preliminary plat, and all other data, the Administrator shall certify the application as complete and shall affix the date of application acceptance on it.

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

   (A)The appropriate utility companies;

   (B)The Superintendent of the school district; and

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

            (3)   Administrator Review: Upon expiration of the time allowance for department and agency review, the Administrator shall prepare a report to the City Council.

         e.   Public Notification: Shall be consistent with Idaho Code.

         f.   City Council Action:

            (1)   Hearing By City Council: Within reasonable time following the Administrator's recommendation, the City Council shall review the preliminary plat, comments from concerned persons and agencies, and the report from the Administrator, to arrive at a decision on the preliminary plat.

            (2)   City Council's Findings: In determining the acceptance of a proposed subdivision, the City Council shall consider the objectives of this chapter and at least the following:

   (A)The conformance of the subdivision with the comprehensive plan;

   (B)The availability of public services to accommodate the proposed development;

   (C)The public financial capability of supporting services for the proposed development; and

   (D)Any other health, safety or environmental problems that may be brought to the City Council's attention.

            (3)   Action On Preliminary Plat: The City Council may approve, approve conditionally, disapprove or table the preliminary plat for additional information. Such action shall occur within thirty (30) days of the date of the regular meeting at which the plat is first considered by the City Council. 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 City Council shall specify:

   (A)The code and standards used in evaluating the application;

   (B)The reasons for approval or denial; and

   (C)The actions, if any, that the applicant could take to obtain a permit.

         g.   Appeals: Any person or aggrieved party who appeared in person or writing before the City Council may appeal the City Council's action to the District Court.

         h.   Approval Period:

            (1)   Failure to file and obtain the certification of the acceptance of the final plat application by the Administrator within two (2) years after action by the City Council shall cause all approvals of the preliminary plat to be null and void, unless an extension of time is applied for by the subdivider and granted by the City Council.

            (2)   Development may be phased. Such phasing shall be included with the preliminary plat application, be approved by the City Council, and be specifically addressed within a development agreement.

      5.   Final Plat:

         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 the following:

            (1)   Three (3) copies of the final plat; and

            (2)   Three (3) copies of the final engineering construction drawings for streets, water, sewers, sidewalks and other public improvements.

         b.   Content Of The Final Plat: The final plat shall include and be in compliance with all items required under title 50, chapter 13 of 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 (18") by twenty four inch (24") drawing paper, with no part of the drawing nearer to the edge than one inch (1"). The reverse of said sheet shall not be used for any portion of the drawing, but may contain written matter as to dedications, certifications and other information. The final plat shall include at least the following:

            (1)   A written application for approval of such final plat as stipulated by the City Council;

            (2)   Plat certificate prepared by a title company licensed in the State of Idaho;

            (3)   Such other information as the Administrator may deem necessary to establish whether or not all proper parties have signed and/or approved the final plat;

            (4)   Conformance with the approved preliminary plat and meeting all requirements or conditions thereof;

            (5)   Conformance with all requirements and provisions of this Code; and

            (6)   Acceptable engineering practices and local standards.

         c.   Administrator Review:

            (1)   Acceptance: Upon receipt of the final plat, and compliance with all other requirements as provided for herein, the Administrator shall certify the application as complete and shall affix the date of acceptance thereon.

            (2)   Resubmittal Of Final Plat: The Administrator shall review the final plat for compliance with the approved or conditionally approved preliminary plat. If the Administrator determines that the final plat differs from that which was approved as preliminary plat or conditions which have not been met, the Administrator shall require that the final plat be submitted to the City Council as required in the preliminary process.

            (3)   Submission To City Council: Upon the determination that the final plat is in compliance with the preliminary plat and all conditional requirements have been met, the Administrator shall place the final plat on the City Council agenda within forty five (45) days from the date that as acceptable final plat application was received and acknowledged by the Administrator.

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

         e.   City Council Action: The City Council, at its next meeting following receipt of the Administrator's report, shall consider the Administrator's findings, and comments from concerned persons and agencies to arrive at a decision on the final plat. The City Council shall approve, approve conditionally, disapprove, or table the final plat for additional information within thirty (30) days of the date of the regular meeting at which the plat is first considered. A copy of the approved plat shall be filed with the Administrator. Upon granting or denying the final plat the City Council shall specify:

            (1)   The code 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 a permit.

         f.   Approval Period: Final plat shall be filed with the County Recorder within two (2) years after written approval by the City Council; otherwise, such approval shall become null and void unless prior to said expiration date an extension of time is applied for by the subdivider and granted by the City Council.

         g.   Method Of Recording: Upon approval of the final plat by the City Council, the subdivider's prepayment of recording fees, posting of surety bond or other acceptable guarantee and the inclusion of the following signatures on the final plat, the Administrator shall submit the final plat to the County Recorder for recording:

            (1)   Certification and signature of the Mayor and Public Works verifying that the subdivision has been approved;

            (2)   Certification and signature of the City Clerk, if required, and the City Planning and Zoning Administrator verifying that the subdivision meets the City's requirements and has been approved by the City Council; and

            (3)   Certification of the sanitation restrictions on the face of the plat per section 50-1326, Idaho Code.

   G.   Design Standards:

      1.   Minimum Design Standards Required: All plats submitted pursuant to the provisions of this chapter, and all subdivisions, improvements and facilities done, constructed or made in accordance with said provisions shall comply with the minimum design standards set forth hereinafter in this chapter; provided, however, that any higher standards adopted by any Highway District, State Highway Department or Health Agency shall prevail over those set forth herein.

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

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

         a.   Street Location And Arrangements: When an official street plan or comprehensive development plan has been adopted, subdivision streets shall conform to such plans;

         b.   Minor Streets: Shall be so arranged as to discourage their use by through traffic;

         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 reserve strip may be required and held in public ownership;

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

         e.   Alleys: Alleys shall be provided in multiple dwelling or commercial subdivisions unless other provisions are made for service access and off-street loading and parking. Dead-end alleys shall be prohibited in all cases;

         f.   Frontage Roads: Where a subdivision abuts or contains an arterial street, it shall be required that there be frontage roads approximately parallel to and on each side of such arterial street; or, such other treatment as is necessary for the adequate protection of residential properties and to separate through traffic from local traffic;

         g.   Cul-De-Sac Streets: Unless otherwise approved by the City Council, cul-de-sac streets shall not be more than five hundred feet (500') in length and shall terminate with an adequate turnaround having a minimum radius of fifty feet (50') for right- of-way;

         h.   Half Streets: Half streets shall be prohibited except where unusual circumstances make such necessary to the reasonable development of a tract in conformance with this chapter and where satisfactory assurance for dedication of the remaining part of the street is provided. 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; and

         i.   Private Streets: Private streets and roads shall be prohibited except within planned unit developments.

      4.   Specifications:

         a.   Street Right-Of-Way Widths: Street and road right-of-way widths shall conform to the adopted major street plan or comprehensive development plan and the rules of the State department having jurisdiction; minimum right-of-way standards are as follows:

 

 

         b.   Street Grades: Street grades shall not exceed ten percent (10%) on either minor or collector streets, and six percent (6%) for arterial streets.

         c.   Street Alignment: Shall be as follows:

            (1)   Horizontal Alignment: When street lines deflect from each other by more than ten degrees (10°) in alignment, the centerline shall be connected by a curve having a minimum radius of five hundred feet (500') for arterial streets, and three hundred feet (300') for collector streets. Between reverse curves on collector and arterial streets there shall be a minimum tangent distance of two hundred feet (200'); and

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

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

         a.   Street names shall not duplicate any existing street name within the City except where a new street is a continuation of an existing street; street names that may be spelled differently but sound the same as existing streets shall not be used; and

         b.   All new streets shall be named as follows: Streets having predominantly east-west direction shall be named "Avenue" or "Road"; streets having a predominantly north-south direction shall be named "Street" or "Way"; meandering streets shall be named "Drive", "Lane", "Path", or "Trail"; and cul-de-sacs shall be named "Circle", "Court", or "Place".

      6.   Intersections: Intersections shall conform to the following:

         a.   Angle Of Intersection: Streets shall intersect at ninety degrees (90°) or as closely thereto as possible, and in no case shall streets intersect at less than seventy degrees (70°);

         b.   Visibility At Intersections: On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half feet (21/2') and ten feet (10') above the center line grades of the intersection streets in the area bounded by the right-of-way lines of such corner lots and a line joining points along said street right-of-way lines twenty five feet (25') from the point of intersection;

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

         d.   T-Intersections: T-intersections may be used wherever such design will not restrict the free movement of traffic;

         e.   Centerline Offsets: Street centerline shall be offset by a distance of at least one hundred twenty five feet (125'); and

         f.   Vertical Alignment Of Intersection: A nearly flat grade with appropriate drainage slopes is desirable within intersections. This flat section shall be extended a minimum of one hundred feet (100') each way from the intersection. An allowance of two percent (2%) maximum intersection grade in rolling terrain, and four percent (4%) in hilly terrain, will be permitted.

      7.   Pedestrian Walkways: Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide.

      8.   Easements: Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines when deemed necessary; total easement width shall not be less than ten feet (10'). Unobstructed drainage way easements shall be provided as required by the City Council. If an easement exists for solar access it should comply with the State Code 55-615.

      9.   Lots: Lots shall conform to the following:

         a.   Zoning: The lot width, depth and total area shall not be less than the requirements of any applicable Zoning Ordinance or this title;

         b.   Future Arrangements: Where parcels of land are subdivided into unusually large lots, the parcels shall be divided, where feasible, to allow for future re-subdividing into smaller parcels. Lot arrangements shall allow for the ultimate extension of adjacent streets through the middle of wide blocks. Whenever such future subdividing or lot splitting is contemplated the plat thereof shall be approved by the City Council prior to the taking of such action.

      10.   Public Sites And Open Spaces: Public sites and open spaces shall conform to the following:

         a.   Public Uses: Where it is determined that a proposed park, playground, school or other public use, as shown on the future acquisition, as authorized in section 67-6517, Idaho Code, is located in whole or in part within a proposed subdivision, the Administrator 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 City Council shall resume consideration of the subdivision;

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

         c.   Special Developments: In the case of planned unit developments, the City Council may require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development.

      11.   Protective Covenants: Protective covenants should be prepared and recorded as part of a subdivision.

   H.   Improvement Standards:

      1.   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-section, specifications 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.

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

         a.   Monuments: Survey monuments shall be set in accordance with section 50-1303, Idaho Code;

         b.   Streets And Alleys: All streets and alleys shall be constructed in accordance with the standards and specifications adopted by the City Council;

         c.   Curbs And Gutters: The curbs, gutters, drainage and drainage structures shall be provided in accordance with standard specifications of the City. Such construction shall be subject to the inspection and approval of the Administrator;

         d.   Installation Of Public Utilities: Underground utilities are encouraged and may be required subject to the City Council's adopted policies, ordinances, and code;

         e.   Driveways: All driveway openings in curbs shall be as specified by the Public Works Department, Highway District or State Highway Department;

         f.   Storm Drainage: An adequate storm drainage system shall be required in all subdivisions. The requirements for each particular subdivision shall be established by an engineer. Construction shall follow the specifications and procedures established by an engineer;

         g.   Public Water Supply And Sewer Systems: All public water supply or sewer systems (serving 2 or more separate premises or households) shall be constructed in accordance with any adopted local plans and specifications. All new public water supply or sewer systems shall be an extension of an existing public system whenever possible. If the proposed public water supply or sewer system is not an extension of an existing public system, there shall be a showing by the subdivider that the extension is not feasible and not to the best interest of the public;

         h.   Maintenance And Operation Of Public Water Supply And Sewer Systems: The subdivider shall provide for a perpetual method of maintenance and operation of the public water supply or sewer system, serving two (2) or more separate premises or households, to insure the continued usefulness of the system;

         i.   Fire Hydrants And Water Mains: Adequate fire protection shall be required in accordance with the appropriate Fire District standards;

         j.   Street Name Signs: Street name signs shall be installed in the appropriate locations at each street intersection in accordance with the local standards. The subdivider shall be responsible for the purchase and installation of all required street signs. The design and installation of such signs shall comply with City standards;

         k.   Sidewalks And Pedestrian Walkways: Sidewalks and crosswalks shall be constructed in accordance with the standards and specifications as adopted by the City Council;

         l.   Street Lighting: Street lights may be required to be installed at intersections throughout the subdivision. A subdivider shall conform to the requirements of the City and the public utility providing such lighting; and

         m.   Greenbelt: Greenbelts or landscaping screening may be required for the protection of residential properties from adjacent major arterial streets, waterways, railroad rights-of-way or other features. Subdivision plats shall show the location of any greenbelt areas.

      3.   Guarantee Of Completion Of Improvement/Bond: Before consideration of or the acceptance of same for maintenance within a development, the Mayor and City Council must be satisfied that all improvements required by this chapter have been constructed. With City Council approval, in lieu of the completion of the improvements, or should the subdivider wish to sell lots prior to the completion and acceptance of the improvements, a bond executed by a surety company, based on an estimate by an engineer, shall be furnished by the subdivider in an amount equal to the cost of construction of such improvements. The surety will be subject to the condition that the improvements will be completed within twelve (12) months after approval of the final plat, and in event that they are not completed, the City may proceed with the work and hold the owner and the bonding company jointly responsible for the costs thereof. As an alternative, with City Council approval, the subdivider may deposit a certified check, cash deposit, negotiable bond, or irrevocable bank letter of credit.

         a.   Surety Bond:

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

            (2)   Amount: The bond shall be in an amount equal to one hundred fifty percent (150%), or an amount deemed acceptable to the City Council, of the total estimated cost for completing construction of the specific public improvement, as estimated by an engineer and approved by the City Council;

            (3)   Term Length: The term length in which the bond is in force shall be for a period to be specified by the City Council for the specific public improvement;

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

            (5)   Escrow Agreement: The escrow agreement shall be approved by the City Council.

         b.   Cash Deposit, Certified Check, Negotiable Bond, Or Irrevocable Bank Letter Of Credit:

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

            (2)   Dollar Value: The dollar value of the cash deposit, certified check, negotiable bond or irrevocable bank letter of credit shall be equal to one hundred fifty percent (150%), or an amount deemed acceptable to the City Council, of the estimated cost of construction for the specific public improvement, as estimated by an engineer and/or approved by the City Council;

            (3)   Escrow Time: The escrow time for the cash deposit, certified check, negotiable bond or irrevocable bank letter of credit shall be for a period to be specified by the City Council; and

            (4)   Progressive Payment: In the case of cash deposits or certified checks, an agreement between the City Council and the subdivider may provide for progressive payment out of the cash deposit or reduction of the certified check, 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.

         c.   Conditional Approval Of Final Plat:

            (1)   The construction of improvements required shall have been completed by the subdivider and approved by the City Council; or

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

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

         e.   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 guarantee for the completion of public improvements, it shall be the responsibility of the City Council to proceed to have such work completed. In order to accomplish this, the City Council shall reimburse itself for the cost and expense thereof by appropriating the cash deposit, certified check, irrevocable bank letter of credit, or negotiable bond which the subdivider may have deposited in lieu of a surety bond or may take such steps as may be necessary to require performance by the bonding or surety company and is included in a written agreement between the City Council and the subdivider.

         f.   Subdivisions Approved Prior To Enactment Of This Chapter: In the event a subdivider is in progress of completing improvements and/or has been approved and not yet began public improvements as approved prior to enactment of this chapter, this subdivider will be required to complete, upon notification from the City, the public improvements within twelve (12) months after notification. This requirement is governed by the following:

            (1)   Proper notification must be given to the developer/subdivider;

            (2)   The time limit will start on the date of notification;

            (3)   Consideration will be given to the standards that were required of the developer/subdivider prior to the enactment of this chapter.

The penalty for not completing the approved public improvements will be that the developer/subdivider will be required to resubmit their proposal to the City Council and follow the prescribed procedure as outlined in this chapter.

   I.   Detection Of Violation, Enforcement, And Penalties:

      1.   Detection Of Violation: The Administrator shall periodically research the County Assessor's records and perform the necessary investigation to detect any violations of this chapter.

      2.   Enforcement: No subdivision plat required by this chapter or the Idaho Code shall be admitted to the public land records of the County or recorded by the County Recorder, until such subdivision plat has received final approval by the City Council. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by this chapter until the final plat has received the approval by the City Council. The City Attorney shall, in addition to taking whatever criminal action deemed necessary, take steps to civilly enjoin any violation of this chapter.

      3.   Penalties: Penalties for failure to comply with the provisions of this chapter shall be as follows: Violation of any of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor. Each day the violation continues shall be considered a separate offense. The land owner, tenant, subdivider, builder, public official or any other person, who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense. Nothing herein contained shall prevent the City Council or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this chapter or of the Idaho Code.

   J.   Variances: See section 10-13-1 of this title for variance procedures. (Ord. 597, 8-6-2018)

   A.   Lot Line Adjustment Within Platted Subdivisions: The procedures set forth in this section shall be used to process applications for minor notational changes as defined, and any adjustment of platted lot lines between two (2) or more existing lots or parcels, where land taken from one lot or parcel is added to an adjacent lot or parcel. Applications for lot line adjustments may include:

      1.   The combining of two (2) or more lots;

      2.   Any adjustment of existing subdivision plat lot lines where lots are eliminated or no more than three (3) additional lots or parcels than originally existed are created; and where no lot or parcel is reduced below the minimum lot or parcel size for zoning district in which the lots or parcels are located; and which no new public roads or City utility main line extensions are required; and when notice of such division has been supplied to landowners as elsewhere provided for in this Chapter.

      3.   The procedure may not be used where it creates or expands nonconformity with land use pursuant to this title or any applicable Land Use Ordinances.

   B.   Application For Adjustment Of Lot Lines/Minor Notational Changes: All applications made pursuant to this section shall be submitted to the City Planning and Zoning Department. Any person contemplating a lot line adjustment/minor notational change is encouraged to contact the Administrator prior to submission of the application for discussion of procedures, standards and criteria which are applicable to the proposed application.

      1.   All applications for adjustment of lot lines and minor notational changes shall include:

         a.   Two (2) full sized copies and one reduced 11"x17" copy of the final plat, prepared and stamped by an Idaho licensed professional land surveyor and containing:

            (1)   The location of existing structures;

            (2)   Location, dimensions and area (in acres) of proposed lots. All proposed lots shall be numbered in a systematic order;

            (3)   Name of the larger subdivision or tract of which it forms a part;

            (4)   Names of the subdivider and surveyor;

            (5)   The "initial point" and description thereof, shall be indicated on the drawing in conformance with Idaho Code;

            (6)   Street lines of all existing or recorded streets, principal property lines, Township lines, or section lines, intersecting, crossing or contiguous to the subdivision, and the status of adjoining property shall be indicated (name of subdivision or un- platted area);

            (7)   The accurate location and description and filing of all monuments shall be in accordance with "the Corner Perpetuation Act", title 55, chapter 16, Idaho Code;

            (8)   The length and bearings of the lines of all lots, streets, alleys and easements as laid out, length of arc, points of curvature, radii and tangent bearings in the case of curved lines (the system of lengths and bearings of the boundary lines);

            (9)   All lots shall be numbered consecutively in each block, and each block lettered or numbered as set forth at 50-1304, Idaho Code. All streets shall bear the street or road name as it appears on the official road name list;

            (10)   The accurate outline of all property that is offered for dedication for public use, with the purpose indicated thereon and all property owners in the division;

            (11)   Private restrictions if any;

            (12)   North point, graphic scale and date (whether true north or magnetic north shall be indicated);

            (13)   A certificate of a licensed engineer or surveyor of the State of Idaho to the effect that the plat represents a survey made by him that all the monuments, shown thereon, actually exist and that their positions are shown;

            (14)   Location of all watercourses, base flood elevations, the elevations derived from flood insurance rate maps, and approximate area subject to inundation of stormwater overflow;

            (15)   Wetland boundaries as depicted on national wetland inventory maps or as delineated by a professional authorized by the U.S. Army Corps of Engineers to perform wetland delineations, and any proposed easements or easements of record for drainage channels, overhead and underground utility lines, sanitary sewers, and water systems within the tract;

            (16)   Owner's certificate. A notarized description of the property encompassed by the plat, dedications and restrictions; and

            (17)   All plat certificates required by this Code.

         b.   A copy of the preliminary title report;

         c.   A copy of the current recorded deed for the subject property;

         d.   Applications shall additionally include one copy of the plat, currently recorded, marked with distinguishable lines as to clearly indicate the existing and proposed lot lines;

         e.   A letter from Panhandle Health District or the City stating the requirements for sanitary restrictions are not affected by the adjustment of the lot lines; and

         f.   Additional information reasonably required for a thorough review of the application, as may be asked by the Administrator.

No application submitted pursuant to this subsection B shall be deemed complete nor any plat recorded, until all fees have been paid.

   C.   Procedures For Administrative Review And Approval Of Lot Line Adjustment/Minor Notational Changes:

      1.   The applicant shall file an application for a lot line adjustment or minor notational change with the Administrator, who shall have thirty (30) days to examine the application to determine its completeness. If the application is determined to be incomplete, the Administrator shall inform the applicant in writing of additional items or information necessary to complete the application.

      2.   Upon the determination of the Administrator that an application is complete, the Administrator shall cause a report to be made specifying whether the application is in conformance with the provisions of this section, and if not, the changes that could be made in the application to bring it into conformance.

      3.   The Administrator shall consider the facts of the application and relevant Code standards and shall approve the application as submitted or subject to specific modifications upon finding adequate evidence that:

         a.   No additional lots are being created and no lot is being reduced below the minimum lot size required by zoning; and

         b.   The proposed lot line adjustment is in accord with the purpose of this chapter and of the zone district in which it is located.

      4.   The Administrator shall provide due notice to adjacent property owners and publish notice in the newspaper of record.

      5.   The Administrator shall set forth the decision in writing explaining the reasons for the decision, and the City Code standards used in making the decision and findings of fact and conclusions in support of the decision. If the Administrator denies the application, the Administrator shall also set forth in writing the actions, if any, the applicant could take to obtain approval.

      6.   Changes in an approved application, resulting in the modification of the terms and conditions of approval may be approved by the Administrator upon a written request by the applicant, provided:

         a.   No additional lots are created;

         b.   The changes are consistent, and substantially conform, with the original preliminary plat approval; and

         c.   The changes do not result in any violation of this Code.

      7.   Any decision or determination made by the Administrator in the administration of this section may be appealed to the City Council. The appeal must be submitted to the City Council within ten (10) days from such decision or determination.

      8.   The lot line adjustment application approval shall be valid for a period not to exceed one calendar year from the date of approval. Within one year of the approval, the applicant shall submit the final plat to the Administrator. At any time prior to the expiration of the application approval, an applicant may make a written request to the Administrator for a single extension of the application approval for a period of up to one year. The Administrator may consider such request for extension. The extension request must be approved or denied prior to the expiration date of the approval.

   D.   Final Plat For Lot Line Adjustments, Notational Changes To Be Drawn, Time For Filing, Signing: Upon approval of the paper copy of the final plat, the applicant shall cause a final plat to be drawn, suitable for recording and in compliance with the requirements for plats set forth at title 50, chapter 13, Idaho Code. The Administrator shall be authorized to sign the final plat upon the confirmation that:

      1.   The final plat conforms to the requirements of Idaho Code and this Code;

      2.   The final plat conforms with the approved application; and

      3.   The conditions of approval have been completed.

   E.   Property Line Adjustment Within Un-Platted Lands: The procedure for property line adjustments for un-platted lands shall be the same as platted lands except that a record of survey shall be used when no additional parcels or lots are created. When additional parcels or lots are created with un-platted lands the properties shall be divided as a platted subdivision as is elsewhere provided for in the City Municipal Code. (Ord. 597, 8-6-2018; amd. Ord. 618, 4-19-2021)